Journal of the Senate of the State of Georgia regular session 1992 volume two, commenced at Atlanta, Georgia, Monday, January 11, 1992 and adjourned Tuesday, March 31, 1992

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 TWO
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

THURSDAY, MARCH 19, 1992

1907

Senate Chamber, Atlanta, Georgia Thursday, March 19, 1992
Thirty-fourth Legislative Day
The Senate met pursuant to adjournment at 9:30 o'clock A.M. today and was called to order by the President.
Senator Muggins of the 53rd reported that the Journal of yesterday's proceedings had been read and found correct.
By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.
The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:
SB 863. By Senator Ray of the 19th: A bill to amend an Act providing for the election of members of the Telfair County Board of Education from education districts, as amended, so as to provide that vacancies on the board shall be filled by special election if the unexpired term is more than 180 days; to provide that vacancies shall be filled by majority vote of the board if the unexpired term is 180 days or less; to provide for a referendum.
Referred to Committee on Urban and County Affairs.
SB 864. By Senators Thompson of the 33rd, Newbill of the 56th and Clay of the 37th: A bill to amend an Act entitled the "Cobb County Community Improvement District 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 551. By Senators Hooks of the 14th, Scott of the 36th, Thompson of the 33rd and others: A resolution urging the American Association of Toy Manufacturers to encourage the industry to exercise responsible leadership in the design and marketing of toys.
Referred to Committee on Insurance and Labor.
SR 555. By Senators Hammill of the 3rd, Echols of the 6th and Hill of the 4th: A resolution creating the Senate Committee to Study Toxics Use Reduction and Pollution Prevention.
Referred to Committee on Natural Resources.
The following reports of standing committees were read by the Secretary:
Mr. President:
The Committee on Appropriations 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 1261. Do pass by substitute. HR 732. Do pass.
Respectfully submitted,
Senator Johnson of the 47th District, Chairman

1908

JOURNAL OF THE SENATE

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 1769. Do pass by substitute.

Respectfully submitted,

Senator Ray of the 19th District, Chairman

Mr. President:

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

HB 1873. Do pass. HB 1871. 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 following bill of the House and has instructed me to report the same back to the Senate with the
following recommendation:

HB 1145. Do pass 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 following bills and resolutions of the House and has instructed me to report the same back to the
Senate with the following recommendations:

HB 1146. HB 1004. HB 598.

Do pass by substitute. Do pass. Do pass.

HB 1739. Do pass. HR 966. Do pass by substitute. HR 1017. Do pass.

Respectfully submitted,

Senator Starr of the 44th District, Chairman

Mr. President:

The Committee on Governmental Operations has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the
following recommendations:

HB 457. HB 1451. HB 1574.

Do pass. Do pass. Do pass by substitute.

HB 1637. Do pass by substitute. HB 1914. Do pass.

Respectfully submitted,

Senator Kidd of the 25th District, Chairman

THURSDAY, MARCH 19, 1992

1909

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 1120. HB 1378. HB 1582.

Do pass. Do pass. 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 House and has instructed me to report the same back to the Senate with the following recommendations:
HB 1549. Do pass as amended. HB 1649. Do pass by substitute.
Respectfully submitted,
Senator Baldwin of the 29th District, Chairman

Mr. President:

The Committee on Rules has had under consideration the following resolutions of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:
SR 421. Do pass by substitute. HR 881. 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 850. Do pass. SB 851. Do pass. SB 852. Do pass. SB 854. Do pass. SB 855. Do pass. SB 856. Do pass as amended. SB 822. Do pass. SB 844. Do pass by substitute.

SB 845. SB 849. HB 828. HB 1800. HB 1984. HB 1985. HB 1999. HB 2058.

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

Respectfully submitted,

Senator Harris of the 27th District, Chairman

1910

JOURNAL OF THE SENATE

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 720. HB 1181. HB 1611.

Do pass by substitute. Do pass. Do pass.

HB 1687. HB 1708. HB 1721.

Do pass by substitute. Do pass. Do pass.

Respectfully submitted,

Senator Edge of the 28th District, Chairman

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

SR 277. By Senator Olmstead of the 26th: A resolution creating the Senate Dental Hygienists Licensing Study Committee.

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.

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.

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.

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 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.

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.

THURSDAY, MARCH 19, 1992

1911

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 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 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 Workers' Compensation; to amend Chapter 9 of Title 34 of the Official Code of Georgia 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 employer who are liable for an employee's injury or death.
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 registrar's office or place of registration for the purpose of receiving absentee ballots; to change certain population brackets.
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 trustees to invest in the securities of or other interests in certain investment companies or investment trust.
HB 1858. By Representative Skipper of the 116th:
A bill to repeal an Act providing for the compensation of the chairman and members of the board of commissioners of each county of this state having a population of not less than 26,290 and not more than 27,280.
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 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 issuance of permits for loads in excess of 12 feet wide if the load may be readily dismantled or separated.
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

1912

JOURNAL OF THE SENATE

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".
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.
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.
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.
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 CCoollleimnsan
Deal
Dean
Echols
Edge
English
Foster

Garner Hammill Harris Hasty Henson Hill Huggins JKoihdndson
Marable
Moye
Newbill
Perry
Pollard
Ragan of 10th

Ragan of 32nd Ramsey Ray Robinson Scott Starr Tate _T,hompson
Timmons
Turner
Tysinger
Walker of 22nd
Walker of 43rd
White

Those not answering were Senators:

Alien Bishop Dawkins Egan

Gillis Hooks Langford Perdue

Phillips Shumake Steinberg Taylor

The Lieutenant Governor led the Senators in the Pledge of Allegiance to the Flag of the United States of America.

Senator Perry of the 7th introduced the chaplain of the day, Reverend Johnny Mock, pastor of First Evangelical Methodist Church, Waycross, Georgia, who offered scripture reading and prayer.

Senator Deal of the 49th, President Pro Tempore, assumed the Chair.

THURSDAY, MARCH 19, 1992

1913

The following resolutions of the Senate were read and adopted:
SR 552. By Senator Timmons of the llth: A resolution commending the Seminole County High School basketball team.
SR 553. By Senator Ragan of the 32nd: A resolution commending and recognizing radio personality Moby from the "Moby in the morning" program of KICKS 101.5 (WKHX).
SR 554. By Senators Hammill of the 3rd, Perdue of the 18th, Clay of the 37th and others: A resolution commending the University System of Georgia Outstanding Scholars on Academic Recognition Day.
SR 556. By Senator Tate of the 38th: A resolution recognizing the Honorable Leroy R. Johnson.
Senator Ramsey of the 54th introduced Mrs. Mozelle Houston who was commended by SR 536, adopted previously.
Senator Gillis of the 20th moved that Senator Hooks of the 14th be excused from the Senate today due to the funeral of a relative.
On the motion, the yeas were 38, nays 0; the motion prevailed, and Senator Hooks of the 14th was excused from the Senate today.
Senator Garner of the 30th moved that the following bill of the House be withdrawn from the Senate Committee on Governmental Operations and committed to the Senate Committee on Education:
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.
On the motion, the yeas were 32, nays 0; the motion prevailed, and HB 1837 was withdrawn from the Senate Committee on Governmental Operations and committed to the Senate Committee on Education.
Senator Thompson of the 33rd introduced Eugene Lazarev, a Russian Thespian who, having been commended by SR 546 adopted previously, briefly addressed the Senate.
The following local, uncontested bills of the Senate and House, favorably reported by the committee as listed on the Senate Local Consent Calendar, were put upon their passage:
SENATE LOCAL CONSENT CALENDAR Thursday, March 19, 1992
THIRTY-FOURTH LEGISLATIVE DAY (The names listed with each bill are the Senators whose districts are affected by the legislation.)

1914

JOURNAL OF THE SENATE

SB 822 Albert, 23rd Pollard, 24th COLUMBIA COUNTY
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.

*SB 844 Albert, 23rd Pollard, 24th COLUMBIA COUNTY
A bill to amend an Act providing for the election of members of the Board of Education of Columbia County so as to change the composition of the education districts. (SUBSTITUTE)

SB 845 Albert, 23rd Pollard, 24th COLUMBIA COUNTY
A bill to amend an Act creating a new Board of Commissioners of Columbia County, so as to change the composition of the districts from which members are elected.

SB 849 Phillips, 9th White, 48th GWINNETT COUNTY
A bill to amend an Act creating the Board of Commissioners of Gwinnett County, so as to provide for studies and performance audits in connection 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 hiring of independent firms; to provide for an effective date.

SB 850 Ramsey, 54th MURRAY COUNTY

Ramsey, 54th Hasty, 51st WHITFIELD COUNTY

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; to provide for related matters.

SB 851 Hasty, 51st TOWN OF CANTON
A bill to amend an Act reincorporating the Town of Canton, so as to provide that the mayor and city council are authorized to take all necessary measures to keep the city free from garbage and similar material.

SB 852 Foster, 50th HABERSHAM COUNTY
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, so as to provide for the terms, filling of vacancies, and compensation for the

THURSDAY, MARCH 19, 1992

1915

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.
SB 854 Hammill, 3rd Echols, 6th GLYNN COUNTY
A bill to amend an Act creating the Board of Commissioners of Glynn County, so as to change the composition of the commissioner districts.
SB 855 Hammill, 3rd Echols, 6th GLYNN COUNTY
A bill to amend an Act to consolidate and amend an Act to regulate public instruction in the County of Glynn, and the several Acts amendatory thereof, and for other purposes, so as to provide for the election and terms of the members of the Board of Education of Glynn County; to provide for election districts.
*SB 856 Baldwin, 29th TROUP COUNTY
A bill to amend an Act providing a board of education of Troup County, so as to reapportion the education districts. (AMENDMENT)
HB 828 Foster, 50th RABUN COUNTY
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 1800 Hooks, 14th CITY OF BUTLER
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 1984 Clay, 37th Hasty, 51st CHEROKEE COUNTY
A bill to amend an Act creating a board of commissioners for Cherokee County, so as to change the composition of the commissioner districts.
HB 1985 Foster, 50th LUMPKIN COUNTY
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 1999 Clay, 37th Hasty, 51st CHEROKEE COUNTY
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.

1916

JOURNAL OF THE SENATE

HB 2058 Deal, 49th HALL COUNTY
A bill to amend an Act creating a Board of Commissioners of Hall County, so as to provide the procedure for filling vacancies.
The amendment and substitute to the following bills were put upon their adoption:
*SB 856:
The Senate Committee on Urban and County Affairs offered the following amendment:
Amend SB 856 by striking lines 32 through 35 of page 6 and lines 1 through 6 of page 7 in their entirety.
On the adoption of the amendment, the yeas were 47, nays 1, and the amendment was adopted.
The Senate Committee on Urban and County Affairs offered the following substitute to SB 844:
A BILL
To be entitled an Act to amend an Act providing for the election of members of the Board of Education of Columbia County, approved March 21, 1968 (Ga. L. 1968, p. 2708), as amended, so as to change the composition of education districts; to provide for elections; to provide for definitions and inclusions; to provide for submission of this Act to the United States Attorney General; to provide for a referendum; 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. An Act providing for the election of members of the Board of Education of Columbia County, approved March 21, 1968 (Ga. L. 1968, p. 2708), as amended, is amended by striking Section 1 in its entirety and inserting in lieu thereof a new Section 1 to read as follows:
"Section 1. The board of education of Columbia County shall be composed of five members to be elected as provided in this Act. For the purposes of electing members of the board of education, Columbia County is divided into five education districts as follows:
Education District: 1
COLUMBIA COUNTY VTD: 0007 PRECINCT SIXTY (Part) Tract: 0303.01 Block(s): 219, 220, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234 VTD: 0010 PRECINCT NINETY (Part) Tract: 0301.03 Block(s): 102A, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114 Tract: 0302.01 Block(s): 134, 135, 136 Tract: 0306.03 Block(s): 329, 330, 331A, 333, 334 VTD: 0012 PRECINCT ONE HUNDRED TEN (Part) Tract: 0301.03 Block(s): 102B, 103 Tract: 0306.03 Block(s): 301, 302, 303, 304A, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 331B, 332, 335, 336, 337, 338, 339, 340

THURSDAY, MARCH 19, 1992

1917

VTD: 0013 PRECINCT ONE HUNDRED TWENTY VTD: 0014 PRECINCT ONE HUNDRED THIRTY (Part)
Tract: 0302.01 Block(s): 102, 103
Tract: 0303.01 Block(s): 207, 208, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265, 266, 267, 268, 269, 270, 274, 275
Tract: 0306.03 Block(s): 304B
VTD: 0017 PRECINCT ONE HUNDREDTWENTYFIVE
Education District: 2
COLUMBIA COUNTY VTD: 0011 PRECINCT ONE HUNDRED VTD: 0012 PRECINCT ONE HUNDRED TEN (Part) Tract: 0301.01 Block(s): 301, 302, 303, 304 VTD: 0014 PRECINCT ONE HUNDRED THIRTY (Part) Tract: 0303.01 Block(s): 201, 202, 203, 204, 205, 206, 296, 297 VTD: 0015 PRECINCT ONE HUNDRED THIRTYFIVE
Education District: 3
COLUMBIA COUNTY VTD: 0002 PRECINCTS TWENTY AND THIRTY (Part) Tract: 0305.01 Block(s): 301, 302, 303A, 303B, 304, 305A, 305B, 306A, 306B, 307, 308, 309A, 309B, 309C, 309D, 309E, 309F, 310A, 310B, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330A, 330B, 331A, 331B, 332, 333, 334, 335, 336, 337, 338, 339A, 339B, 339C, 339D, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 351, 352, 353, 354, 355A, 355B, 356A, 356B, 356C, 356D, 356E, 356F, 356G, 356H, 357A, 358, 359A, 359B, 360A, 360B, 361, 362, 363, 364, 365, 366A, 366B, 367A, 367B, 368, 369, 370, 371, 372, 373, 374, 375, 376, 377, 378, 379, 380, 381, 382, 383, 384, 385, 386, 387, 388, 389, 390, 391, 392, 393, 394, 395, 396, 397, 901A, 901B Tract: 0305.02 Block(s): 407, 408, 409, 410, 411, 412, 413, 414, 415A, 415B, 416, 417A, 417B, 418A, 418B, 419, 420, 421, 422, 423, 424A, 424B, 425, 426, 427, 428A, 428B, 429, 430A, 430B, 431, 432, 433, 434, 435, 436, 437, 438, 439, 440, 441, 442, 443, 444, 445, 446, 447, 448, 449, 450, 451, 452, 453, 454A, 454B, 455, 456, 457, 458, 459, 460, 461, 462A, 462B, 463, 464, 465, 466, 467, 468, 469, 470, 471A, 471B, 472A, 472B, 473, 474, 475, 476, 477, 478, 501, 502, 503, 504, 505, 506, 507A, 507B, 507C, 508, 509, 510, 511, 512, 513, 514, 515, 516, 517, 518, 519, 520A, 520B, 521, 522A, 522B, 522C, 522D, 523, 524, 525A, 525B, 526, 527A, 527B, 527C, 528, 529, 530, 531A, 531B, 531C, 531D, 532, 533, 534A, 534B, 535, 536, 537, 538, 539, 540, 541, 542, 543, 544, 545, 546, 547, 548, 549, 550, 551, 552, 553, 554, 555, 556, 557, 558, 559, 560, 561, 562, 563, 564, 565 VTD: 0003 PRECINCT TWENTYFIVE
Education District: 4
COLUMBIA COUNTY VTD: 0002 PRECINCTS TWENTY AND THIRTY (Part) Tract: 0305.02 Block(s): 401, 402, 403, 404, 405, 406, 479, 480 VTD: 0009 PRECINCT EIGHTY VTD: 0010 PRECINCT NINETY (Part) Tract: 0302.02

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JOURNAL OF THE SENATE

Block(s): 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, 246, 247, 248, 249, 250, 251, 252
VTD: 0018 PRECINCT EIGHTYFIVE VTD: 0019 PRECINCT SEVENTYFIVE (Part)
Tract: 0303.02 Block(s): 333, 334, 343, 344, 345, 346, 347, 348, 349, 350, 351, 352, 353, 354, 355, 356, 357, 358, 359, 364, 365, 366, 367, 368, 369, 370, 371, 372
Education District: 5
COLUMBIA COUNTY VTD: 0001 PRECINCT TEN VTD: 0005 PRECINCTS FOURTY AND FIFTY VTD: 0007 PRECINCT SIXTY (Part) Tract: 0303.01 Block(s): 101, 102, 103, 104, 105, 106, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 221, 222, 235, 236, 237, 238, 239, 240, 241, 242, 245, 246, 247, 281, 293, 294, 295 VTD: 0008 PRECINCT SEVENTY VTD: 0016 PRECINCT SIXTYFIVE VTD: 0019 PRECINCT SEVENTYFIVE (Part) Tract: 0303.02 Block(s): 332, 360, 361, 362, 363, 373
For purposes of this section:
(1) The terms 'Tract,' 'Block,' and 'VTD' shall mean and describe the same geographical 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 convenience 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 Columbia 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 Columbia County which is described in this section as being included in a particular education district shall nevertheless not be included within such education district 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."
Section 2. Said Act is further 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 members of the board of education in office on the effective date of this Act shall serve for the terms of office for which they were elected and until their successors are elected and qualified as provided in this section.
(b) (1) Beginning with the primary and general elections held in 1992 at which new

THURSDAY, MARCH 19, 1992

1919

members of the board of education are elected and thereafter, members shall be elected from the education districts provided for in Section 1 of this Act.

(2) There shall be elected to the board one member from each of said districts. Each candidate shall designate, at the time of qualifying, the district from which he is offering. Candidates may not offer for election to the board from any district other than that district in which their legal residence lies. No person shall be eligible to represent a district unless he has been a resident of the district from which he offers as a candidate for at least one year immediately preceding the date of the election. In the event a member moves his residence from the district he represents, his place on the board shall immediately become vacant.

(3) (A) Successors shall be elected to succeed those current members of the board of education whose terms expire December 31, 1992, at a special election to be held in conjunction with the general election in November, 1992. Such successors shall be elected from Education Districts 2, 3, and 5 for terms of four years beginning on the first day of January following their election and shall serve until their successors are duly elected and qualified.

(B) At the general election in November, 1994, successors shall be elected to succeed those current members of the board of education whose terms expire December 31, 1994. Such successors shall be elected from Education Districts 1 and 4 for terms of four years beginning on the first day of January following their election and shall serve until their successors are duly elected and qualified.

(C) Thereafter, successors to all members of the board shall be nominated in a nonpartisan primary and elected in a nonpartisan election to be held and conducted at the same time as the general primary and election immediately preceding the expiration of their 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. Said Act is further amended by adding a new Section 2.1 to read as follows:

"Section 2.1. Each member of the Board of Education of Columbia County shall be elected from the education districts provided for in Section 1 of this Act by the voters of that particular education district from which such candidate offers."

Section 4. Said Act is further amended by adding a new Section 2.1 to read as follows:

"Section 2.1. Each member of the Board of Education of Columbia County shall be elected from the education districts set forth in Section 1 of this Act by the voters of the entire county."

Section 5. Said Act is further amended by striking Section 3 in its entirety and inserting in lieu thereof the following:

"Section 3. Each member of the board of education shall be nominated and elected at nonpartisan primaries and elections as provided in Code Section 21-2-284.1 and other applicable provisions of Chapter 2 of Title 21 of the O.C.G.A., the 'Georgia Election Code.' "

Section 6. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Columbia County shall call and conduct an election as provided in this section for the purpose of submitting Section 3 of this Act to the electors of the Columbia County School District for approval or rejection. The election superintendent shall conduct that election on the date of the general primary 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 Columbia County. The ballot shall have written or printed thereon the words:

"[ ] YES [ ] NO

Shall the provisions of the Act be approved which provide for the election of the members of the Board of Education of Columbia County from singlemember districts?"

All persons desiring to vote for approval of the Act shall vote "Yes," and those persons

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desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect immediately. If Section 3 of this Act is not so approved or if the election is not conducted as provided in this section, Section 3 of this Act shall not become effective and shall be automatically repealed but the remaining sections of this Act shall be and remain effective.
The expense of such election shall be borne by the Columbia County School District. It shall be the superintendent's duty to certify the result thereof to the Secretary of State.
Section 7. 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 Columbia County to submit this Act to the United States Attorney General for approval.
Section 8. This Act shall become effective upon the Governor's approval or upon its becoming law without the Governor's approval, provided that, if Section 3 of this Act is approved at the referendum provided for in Section 6 of this Act, Section 4 shall be void and stand repealed.
Section 9. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 47, nays 1, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bills as reported, was agreed to.

On the passage of all the bills on the Senate Local Consent Calendar, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Alien Baldwin Bishop Broun of 46th Brown of 26th
Clay Collins DDaewankins Echols Egan Foster Garner Gillis Hammill

Harris Hasty Henson Hill Huggins
Kidd Marable MNeowyebill Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd

Ramsey Ray Robinson Scott Starr
STtaetienberg
Thompson 1 immons Turner Tysinger Walker of 22nd Walker of 43rd White

Voting in the negative was Senator Albert.

Those not voting were Senators:

Bowen Coleman Deal (presiding)

Edge English Hooks (excused)

Langford Shumake

On the passage of all the local bills, the yeas were 47, nays 1.

THURSDAY, MARCH 19, 1992

1921

All the bills on the Senate Local Consent Calendar, except SB 844 and SB 856, having received the requisite constitutional majority, were passed.
SB 856, having received the requisite constitutional majority, was passed as amended.
SB 844, having received the requisite constitutional majority, was passed by substitute.
The President resumed the Chair.
SENATE RULES CALENDAR
Thursday, March 19, 1992
THIRTY-FOURTH LEGISLATIVE DAY
SR 534 Personnel Expense in State Government--multiyear plan to reduce (Substitute) (Rules--49th)
HB 538 Mammograms, Pap Smears--health insurance coverage (Substitute) (I&L--22nd)
HR 914 Clarence R. Vaughn, Jr. Highway--designate (Trans--33rd) HB 1528 Child Custody Agreement--"custody" means joint custody (S Judy--49th) 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 1607 Sentencing--maximum probation period, sentence suspension (Substitute) (Corr--19th) HB 1445 Special Reservist License Plates--members in unit, adjoining state (Pub S--4th) HB 1722 Lien for Unpaid Taxes--priority relating to security interest (Judy--47th) HB 559 Division of Irrigation Contractors--provide (Substitute) (Amendment) (Gov Op--25th) HB 1542 Childhood Early Intervention and Services for Elderly Fund--provide (YA&HE--36th) HB 1523 Sexual Assault Against Those Under Psychotherapeutic Care--offense (Substi tute) (S Judy--28th) HB 1394 Environmental Protection Division--persons not aggrieved; use of certain mon eys (Amendment) (Nat R--16th) HB 1396 Highway Load Limitation--sharing of revenues from enforcement (Trans--12th) HB 711 Firemen's Pension Fund--continue membership certain persons (Substitute) (Ret--38th) HB 1680 Regional Development Center Employee--prohibit doing business with center (Substitute) (Gov Op--12th) HB 1642 Fire Sprinkler Act--cease and desist orders, certificate of competency (Amend ment) (I&L--37th) HR 840 Indigent Care Trust Fund--revenues from certain sources (F&PU--45th) HB 1362 Court Services--counties contract with cities (Judy--40th) HB 1750 Revenue Bonds--fee to person for services financed by bonds (F&PU--30th) HB 1211 Municipal Courts--dispose of criminal trespass violations (S Judy--28th) HB 1595 County Tax Digests--three year evaluation cycle (Amendment) (F&PU--44th) HB 1580 Podiatry--certain undertakings constitute practice (Gov Op--25th) HR 831 Tattnall County--easement over certain state property (F&PU--4th)

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HB 1931 Quality Basic Education Act--Youth Apprenticeship Program for certain pupils (Amendment) (Ed--10th)
HB 1572 Board of Examiners of Psychologists--continue (H&HS--22nd)
HB 1633 Public Service Commission--no jurisdiction over those selling natural gas used in motor vehicles (F&PU--44th)
HB 1270 Service of Complaint Relation to Unfit Structures--nonresidents (S Judy--28th)
HB 1225 Warehouses--license fees (Ag--21st)
HB 1286 Freeport Exemption--conditions, limitations on qualification (Substitute) (F&PU--30th)
HB 1666 Life Insurance Proceeds--interest paid from time claim filed (Amendment) (I&L--41st)
HR 838 Seabees Month in Georgia--designate March (Rules--48th)
Respectfully submitted, la/ Nathan Dean of the 31st, Chairman
Senate Rules Committee
The following general resolution of the Senate, favorably reported by the committee, was read the third time and put upon its adoption:
SR 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.
The Senate Rules Committee offered the following substitute to SR 534:
A RESOLUTION
Requesting development of a multiyear plan to reduce personnel expense in state gov ernment; and for other purposes.
WHEREAS, state government employment increased during the decade of the 1980's approximately 32 percent and the state's population grew 18 percent; and
WHEREAS, the national average of state employees is 147 employees per 10,000 citi zens, while Georgia currently has approximately 157 employees per 10,000 citizens or ap proximately 7 percent above the national average; and
WHEREAS, as a result of normal employee attrition through such means as retirement and job transfer, a significant number of nonessential employee positions become open and available for hiring each year; and
WHEREAS, most private sector organizations have instituted productivity improve ment programs to produce their goods and deliver their services more efficiently and eco nomically with fewer employees; and
WHEREAS, the Governor's Commission on Effectiveness and Economy in Government recommended that state government increase its productivity by evaluating ways to down size, economize, and streamline its operations while improving the quality of services deliv ered; and
WHEREAS, both the Governor's office and the General Assembly have initiated studies which have concluded that it is feasible to reduce the state employee force through a phased-in attrition plan while maintaining direct delivery of services to the citizens in a cost-effective manner. It is estimated that the annual savings after phase-in of this attrition plan could be in excess of $100,000,000.00 annually.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF

THURSDAY, MARCH 19, 1992

1923

GEORGIA that we request the Governor's Office of Planning and Budget to develop a multiyear phased-in plan the goal of which is to reduce state government employment by not less than 2 percent per year over the next three fiscal years, beginning with fiscal year 1993.
BE IT FURTHER RESOLVED that this plan should include review of employee com pensation, benefit packages, and development of alternatives where financial savings can be achieved.
BE IT FURTHER RESOLVED that this plan should include a review of the rules and regulations of the State Merit System of Personnel Administration with the goal of making personnel procedures more responsive to state agencies' personnel requirements.
BE IT FURTHER RESOLVED that this plan should include attrition as a means of reallocating manpower resources and reducing unnecessary employment positions.
BE IT FURTHER RESOLVED that the Governor's recommendation and directive that all new hirings be only for critical need positions as those positions are defined by the Governor's Office of Planning and Budget, and further that those positions only be filled on direct approval by the Office of Planning and Budget.
BE IT FURTHER RESOLVED that this plan should include task analysis and staffing patterns for programs and agencies.
BE IT FURTHER RESOLVED that this plan should include early retirement incen tives as a tool to restructure agencies and program management.
BE IT FURTHER RESOLVED that this plan should include a review of program or ganization structures and service delivery systems and should include a greater emphasis on privatization where financial savings can be achieved.
BE IT FURTHER RESOLVED that this plan should include recommendations on how on a continuing basis to motivate state agencies and their managers and employees to iden tify and implement additional measures that will improve the delivery of services to the public while reducing or maintaining associated costs.
BE IT FURTHER RESOLVED that all agency and department heads shall assist the Governor's Office of Planning and Budget in the process set forth herein and to undertake immediately formulation of downsizing plans necessary to implement the goals set forth in this Joint Resolution. All departments and agencies shall report quarterly to the Governor's Office of Planning and Budget on the progress of downsizing as contemplated herein and the Office of Planning and Budget shall in turn deliver an analysis of such reports to the Governor, the Lieutenant Governor, and the Speaker of the House.
BE IT FURTHER RESOLVED that the Secretary of the Senate is authorized and di rected to transmit an appropriate copy of this resolution to each agency and department head.

On the adoption of the substitute, the yeas were 33, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the adoption of the resolution by substitute, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Alien Baldwin Bishop Bowen

Broun of 46th Brown of 26th Burton Clay Coleman

Collins Dawkins Deal Dean Echols

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JOURNAL OF THE SENATE

Edge Egan English Foster
Garner Gillis Hammill Harris
Hasty Henson
Huggins

Johnson Kidd Marable Moye
Newbill Perdue Perry Phillips
Pollard Ragan of 10th
Ragan of 32nd

Ramsey Ray Robinson Starr
Taylor Thompson Timmons Turner
Tysinger Walker of 43rd
White

Those not voting were Senators:

Hill
Hooks (excused) Langford

Scott
Shumake Steinberg

Tate Walker of 22nd

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

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

The following resolution of the Senate was read and adopted:

SR 557. By Senators Tate of the 38th, Scott of the 36th and Walker of the 43rd: A resolution commending Muhammad Ali.

Senator Tate of the 38th introduced Muhammad Ali who briefly addressed the Senate.

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

HB 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.
Senate Sponsors: Senators Walker of the 22nd and Steinberg of the 42nd.

The Committee on Insurance and Labor offered the following substitute to HB 538:

A BILL
To be entitled an Act 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, Pap smears, and prostate specific antigen tests; to provide for definitions; to provide standards for such coverage; to provide that certain restrictions may apply to such coverage if approved by the Commissioner of Insurance; to authorize greater or more favorable benefits; to provide for applicability to certain societies, corporations, plans, organizations, and entities; to provide for applicability to certain provisions relative to preferred provider arrangements; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by striking Code Section 33-29-3.2, relating to individual insurance coverage for

THURSDAY, MARCH 19, 1992

1925

mammograms and Pap smears, and inserting in its place a new Code Section 33-29-3.2 to read as follows:
"33-29-3.2. (a) As used in this Code section, the term:
(1) 'Female at risk* means a woman:
(A) Who has a personal history of breast cancer;
(B) Who has a personal history of biopsy proven benign breast disease;
(C) Whose grandmother, mother, sister, or daughter has had breast cancer; or
(D) Who has not given birth prior to age 30.
(1) 'Mammogram' means any radiological examination of the breast for purpose of de tecting breast cancer when performed ao a result of a physician referral or by a health tcating service which utilizes radiological equipment approved by the Department of Human Resettfcca, which examination may be made with the following minimum frequency.
(2) 'Mammogram' means any low-dose radiologic screening procedure for the early de tection of breast cancer provided to a woman and which utilizes equipment approved by the Department of Human Resources dedicated specifically for mammography and includes a physician's interpretation of the results of the procedure or interpretation by a radiologist experienced in mammograms in accordance with guidelines established by the American College of Radiology. Reimbursement for a mammogram authorized under this Code section shall be made only if the facility in which the mammogram was performed meets accredita tion standards established by the American College of Radiology or equivalent standards established by this state. Policies subject to this Code section shall contain coverage for mammograms made with at least the following frequency:
(A) Once as a base-line mammogram for any female who is a least 35 but less than 40 years of age;
(B) Once every two years for any female who is at least 40 but less than 50 years of age;
(C) Once every year for any female who is at least 50 years of age; and
(D) When recommended- ordered by a physician for a female, without regard to age, where needed for diagnoatic purpoaca or when she, her mother, or her aiater has had a prior history of br-oaat cancer at risk.
{2} (3) 'Pap smear' or 'Papanicolaou smear' means an examination, in accordance with standardlTestablished by the American College of Pathologists, of the tissues of the cervix of the uterus for the purpose of detecting cancer when performed upon the recommendation order of a physician, which examination may be made once a year or more often if recom mended ordered by a physician.
{3} (4) 'Policy' means any benefit plan, contract, or policy except a disability income policy, specified disease policy, or hospital indemnity policy.
(5) 'Prostate specific antigen test' means a measurement, in accordance with standards established by the American College of Pathologists, of a substance produced by the epithe lium to determine if there is any benign or malignant prostate tissue.
(b) (1) Every insurer authorized to issue an individual accident and sickness insurance policy irTtriis state which includes coverage for any female shall be required to offer, cither include as part of or as an optional a required endorsement to each such policy which is issued, delivered, issued for delivery, or renewed on or after July 1, 1000 1992, coverage for mammograms and Pap smears for the covered females which at least meets the minimum requirements of this Code section.
(2) Every insurer authorized to issue an individual accident and sickness insurance pol icy in this state which includes coverage for any male shall include as a part of or as a required endorsement to each such policy which is issued, delivered, issued for delivery, or renewed on or after July 1, 1992, coverage for annual prostate specific antigen tests for the

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covered males who are 45 years of age or older, or for covered males who are 40 years of age or older, if ordered by a physician.
(c) The coverage required to be offered under subsection (b) of this Code section shall not contain any may be subject to such exclusions, reductions, or other limitations as to coverages, deductibles, or coinsurance provisions which apply to that coverage unless such provisions apply generally to other similar benefits provided of paid for under the accident and sickness insurance policy as may be approved by the Commissioner.
(d) Nothing in this Code section shall be construed to prohibit the issuance of individ ual accident and sickness insurance policies which provide benefits greater than those re quired to be offered by subsections subsection (b) and (c) of this Code section or more favorable to the insured than those required to be offered by subsections subsection (b) tatA 4e> of this Code section.
(e) The provisions of this Code section shall apply to individual accident and sickness insurance policies issued by a fraternal benefit society, a nonprofit hospital service corpora tion, a nonprofit medial service corporation, a health care plan, a health maintenance organ ization, or any similar entity.
(f) 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 Article 2 of Chapter 30 of this title, relating to preferred provider arrangements."
Section 2. Said title is further amended by striking Code Section 33-30-4.2, relating to group insurance coverage for mammograms and Pap smears, and inserting in its place a new Code Section 33-30-4.2 to read as follows:
"33-30-4.2. (a) As used in this Code section, the term:
(1) 'Female at risk' means a woman:
(A) Who has a personal history of breast cancer;
(B) Who has a personal history of biopsy proven benign breast disease;
(C) Whose grandmother, mother, sister, or daughter has had breast cancer; or
(D) Who has not given birth prior to age 30.
(1) 'Mammogram' means any radiological examination of the brcaat for purposes of de tecting brcaat cancer when performed aa a result of a physician referral or by a health test ing aefviee which utilizes radiological equipment approved by the Department of Human Resources, which examination may be made with the following minimum frequency.
(2) 'Mammogram' means any low-dose radiologic screening procedure for the early de tection of breast cancer provided to a woman and which utilizes equipment approved by the Department of Human Resources dedicated specifically for mammography and includes a physician's interpretation of the results of the procedure or interpretation by a radiologist experienced in mammograms in accordance with guidelines established by the American College of Radiology. Reimbursement for a mammogram authorized under this Code section shall be made only if the facility in which the mammogram was performed meets accredita tion standards established by the American College of Radiology or equivalent standards established by this state. Policies subject to this Code section shall contain coverage for mammograms made with at least thetollowing frequency:
(A) Once as a base-line mammogram for any female who is at least 35 but less than 40 years of age;
(B) Once every two years for any female who is at least 40 but less than 50 years of age;
(C) Once every year for any female who is at least 50 years of age; and
(D) When recommended ordered by a physician for a female, without regard to age,

THURSDAY, MARCH 19, 1992

1927

where needed for diagnostic purposes or when she, her mother, or her aiatcr haa had a prior history of breast cancer at risk.
4&) (3) 'Pap smear' or 'Papanicolaou smear' means an examination, in accordance with standardlTestablished by the American College of Pathologists, of the tissues of the cervix of the uterus for the purpose of detecting cancer when performed upon the recommendation order of a physician, which examination may be made once a year or more often if recom mended ordered by a physician.
4& (4) 'Policy' means any benefit plan, contract, or policy except a disability income policy, specified disease policy, or hospital indemnity policy.
(5) 'Prostate specific antigen test' means a measurement, in accordance with standards established by the American College of Pathologists, of a substance produced by the epithe lium to determine if there is any benign or malignant prostate tissue.
(b) (1) Every insurer authorized to issue a group accident and sickness insurance policy in this state which includes coverage for any female shall be required to offer, cither include as part of the policy or as an optional a required endorsement to each such policy which is issued, delivered, issued for delivery, or renewed on or after July 1, 1QOO 1992, coverage for mammograms and Pap smears for the covered females which at lease meets the minimum requirements of this Code section.
(2) Every insurer authorized to issue a group accident and sickness insurance policy in this litate which includes coverage for any male shall include as a part of or as a required endorsement to each such policy which is issued, delivered, issued for delivery, or renewed on or after July 1, 1992, coverage for annual prostate specific antigen tests for the covered males who are 45 years of age or older or for covered males who are 40 years of age or older, if ordered by a physicianT
(c) The coverage required to be offered under subsection (b) of this Code section shall not contain any may be subject to such exclusions, reductions, or other limitations as to coverages, deductibles, or coinsurance provisions which apply to that coverage unlcao such provisions apply generally to other aimilar benefits provided or paid for under the accident and sickncaa insurance policy as may be approved by the Commissioner.
(d) Nothing in this Code section shall be construed to prohibit the issuance of group accident and sickness insurance policies which provide benefits greater than those required to bo offered by aubacctiona subsection (b) and (c) of this Code section or more favorable to the insured than those required to be offered by aubacctiona subsection (b) and (c) of this Code section.
(e) The provisions of this Code section shall apply to group accident and sickness insur ance policies issued by a fraternal benefit society, a nonprofit hospital service corporation, a nonprofit medical service corporation, a health care plan, a health maintenance organiza tion, or any similar entity.
(f) 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 Article 2 of this chapter, relating to preferred provider arrangements.
Section 3. All laws and parts of laws in conflict with this Act are repealed.
Senator Taylor of the 12th offered the following amendment:
Amend the substitute to HB 538 offered by the Senate Committee on Insurance and Labor by striking line 8 of page 1 in its entirety and inserting in lieu thereof the following:
"Commissioner of Insurance; to provide for designated providers; to provide for negoti ated rates and levels of reimbursement; to provide for criteria to be considered in the desig nation of providers; to authorize greater or more".

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By adding after "Commissioner." at the end of line 25 of page 4 and line 16 of page 8 the following:
"Insurers may select designated providers to provide mammograms at a negotiated rate which is less than the usual, customary, and reasonable fees for such procedures as their payment in full; provided, however, if the insured chooses to use a provider other than a designated provider, such insured shall only be reimbursed at the rate paid to such desig nated providers unless there is no designated provider within the insured's county of resi dence. If there is no designated provider within the insured's county of residence, the pro vider may be reimbursed at the usual and customary rate. Insurers will take into consideration geographical access and quality criteria when selecting designated providers.".
On the adoption of the amendment offered by Senator Taylor of the 12th, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Bowen Broun of 46th Burton Coleman

Collins Harris Perdue

Phillips Taylor Timmons

Those voting in the negative were Senators:

Albert Alien Bishop Brown of 26th
TMj Ece^,s Edge Egan English Foster Garner Gillis

Hammill Hasty Henson Hill
Huggins Johnson Kidd Langford Marable Mye Newbill Perry 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:

Baldwin

Hooks (excused)

Shumake

On the adoption of the amendment offered by Senator Taylor of the 12th, the yeas were 10, nays 43, and the amendment was lost.

Senator Egan of the 40th offered the following amendment:

Amend the substitute to HB 538 offered by the Senate Committee on Insurance and Labor by adding Section 2A as follows:
"No insurer shall be required to offer coverage under this law for more than $100 for each mammogram, pap smear or prostate specific antigen test."

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:

Voting in the affirmative were Senators Egan and Taylor.

THURSDAY, MARCH 19, 1992

1929

Those voting in the negative were Senators:

Albert Alien Baldwin Bishop Broun of 46th Brown of 26th Burton Clay Coleman Collins Dawkins Deal Dean Echols Edge English Foster

Garner Gillis Hammill Harris Hasty Henson Hill Huggins Johnson Kidd Langford Marable Moye Newbill Perdue Perry Phillips

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

Those not voting were Senators:

Bowen

Hooks (excused)

Shumake

On the adoption of the amendment offered by Senator Egan of the 40th, the yeas were 2, nays 51, and the amendment was lost.

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 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 DDeaawlkins Dean
Echols Edge Egan
English
Foster

Garner Gillis Hammill Harris Hasty Henson Hill Huggins Johnson Kidd LMaanrgafbolred Moye
Newbill Perdue Perry
Phillips
Pollard

Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Starr Steinbere T
a
Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White

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JOURNAL OF THE SENATE

Those not voting were Senators:

Bowen

Hooks (excused)

Shumake

On the passage of the bill, the yeas were 53, nays 0.

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

Senator Dean of the 31st moved that HB 538 be immediately transmitted to the House.

On the motion, the yeas were 31, nays 0; the motion prevailed, and HB 538 was imme diately transmitted to the House.

Senator Perdue of the 18th introduced the doctor of the day, Dr. Michael Hellwege, of Warner Robins, Georgia.

Senator Garner of the 30th introduced several members of the Alpha Team of the Geor gia State Patrol, which was commended by SR 547, adopted previously.

The President announced that the Senate would stand in recess from 12:08 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.

Senator Edge of the 28th moved that Senator Garner of the 30th be excused from the Senate for the remainder of the day due to the sudden illness of his father.

On the motion, the yeas were 39, nays 0; the motion prevailed, and Senator Garner of the 30th was excused from the Senate for the remainder of day.

Senator Thompson of the 33rd moved that Senator Henson of the 55th be excused from the Senate for the remainder of the day to take care of personal business.

On the motion, the yeas were 34, nays 0; the motion prevailed, and Senator Henson of the 55th was excused from the Senate for the remainder of the day.

The following general resolution and bill of the House, favorably reported by the com mittees, were read the third time and put upon their passage:

HR 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.
Senate Sponsors: Senators Thompson of the 33rd and Dean of the 31st.
Senator Dawkins of the 45th offered the following amendment:
Amend HR 914 by striking on line 5 of page 2 the number "20" and inserting in its place the number "138".
By striking on line 6 the phrase "downtown Conyers" and inserting in its place the phrase "Interstate 20".
On the adoption of the amendment, the yeas were 39, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to as amended.

THURSDAY, MARCH 19, 1992

1931

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 Dawkins Deal
Dean
Echols
Edge Egan
English

Foster Gillis Hammill Harris Hasty Hill Huggms Johnson Kidd Langford Marable
Newbill
Perdue
Perry Pollard
Ragan of 10th

Ragan of 32nd Ramsey Ray Robinson Scott Starr Steinberg ,, 4i riylor Thompson
Timmons
Turner
Tysinger Walker of 43rd
White

Those not voting were Senators:

Alien Bowen Garner (excused)

Henson (excused) Hooks (excused) Moye

Phillips Shumake Walker of 22nd

On the adoption of the resolution, the yeas were 47, nays 0.

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

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.
Seriate Sponsor: Senator Deal of the 49th.

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

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

Those voting in the affirmative were Senators:

Albert Baldwin Bishop Broun of 46th Brown of 26th Burton Clay Coleman Collins Dawkins Deal

Dean Echols Edge Egan English Foster Gillis Hammill Harris Hasty Hill

Huggins Kidd Langford Marable Moye Newbill Perdue Perry Pollard Ragan of 10th Ragan of 32nd

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JOURNAL OF THE SENATE

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 Bowen Garner (excused)

Henson (excused) Hooks (excused) Johnson

Phillips Shumake

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

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

Senator Deal of the 49th, President Pro Tempore, assumed the Chair.

The following general bill of the House, having been read the third time on March 6 and postponed until March 12, 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 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.
Senate Sponsor: Senator Edge of the 28th.

The substitute to HB 1644 offered by Senator Edge of the 28th 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 35, nays 0, and the substitute was adopted.

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

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

Those voting in the affirmative were Senators:

Albert Alien Baldwin Bishop Broun of 46th Brown of 26th Burton Clay Coleman Collins Dawkins

Dean Echols Edge Egan English Foster Gillis Hammill Harris Hasty Hill

Huggins Johnson Kidd Langford Marable Moye Newbill Perdue Perry Pollard Ragan of 10th

THURSDAY, MARCH 19, 1992

1933

Ragan of 32nd
Ramsey Ray Robinson Scott

Starr
Steinberg Tate Thompson Timmons

Turner Tysinger
Walker of 22nd White

Those not voting were Senators:

Bowen Deal (presiding) Garner (excused)

Henson (excused) Hooks (excused) Phillips

Shumake Taylor Walker of 43rd

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

The bill, having received the requisite constitutional majority, was passed 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 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.
Senate Sponsor: Senator Ray of the 19th.

The Senate Committee on Corrections offered the following substitute to HB 1607:

A BILL
To be entitled an Act 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 change provisions relating to continuing jurisdiction over probated sentences; to change procedures relating to shortening a period of probation; to provide for notification of victims of certain crimes and their right to appear at hearings concerning shortened probation; to provide that the Department of Corrections shall have jurisdiction over the suspension of sentences of misdemeanor probationers; to amend Article 5 of Chapter 5 of Title 42 of the Official Code of Georgia Annotated, relating to awarding earned-time allowances, so as to authorize the Department of Corrections to provide for a system of work incentive credits for felony inmates; to amend Chapter 8 of Title 42 of the Official Code of Georgia Anno tated, relating to probation, so as to provide that the provisions of said Code section shall be subject to the provisions of certain other statutes; to provide for a two-year maximum pe riod of supervision; to authorize the chief judge of any court within a county to enter into agreements with private entities for misdemeanor probation services or to establish a county probation system for misdemeanors; to create the County Probation Advisory Council; to amend Chapter 9 of Title 42 of the Official Code of Georgia Annotated, relating to pardons and paroles, so as to authorize the Board of Pardons and Paroles to enter into memoranda of agreement evidencing contracts for programs and services on behalf of persons in its legal custody; to provide for the collection of fines, restitution, or other funds during the period of parole; to provide that inmates serving sentences for violent crimes shall not be paroled

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prior to having served one-third of their prison sentences; to provide for mandatory revoca tion of parole in certain cases; to provide for 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 10 of Title 17 of the Official Code of Georgia Annotated, relating to procedures for sentencing and imposition of punishment, is amended by striking in its entirety subsection (a) of Code Section 17-10-1, relating to the fixing of sentences, which reads as follows:
"(a) (1) Except in cases in which life imprisonment or the death penalty must be im posed, upon a verdict or plea of guilty in any case involving a misdemeanor or felony and after a presentence hearing, the judge fixing the sentence shall prescribe a determinate sen tence for a specific number of months or years, which shall be within the minimum and maximum prescribed by law as the punishment for the crime. The judge imposing the sen tence is granted power and authority to suspend or probate the sentence under such rules and regulations as he deems proper. The judge shall also be empowered to revoke the sus pension or probation when the defendant has violated any of the rules and regulations pre scribed by the court. After the term of court, or 60 days from the date on which the sen tence was imposed by the judge, whichever time is greater, he shall have no authority to suspend, probate, modify, or change the sentence of the defendant, except as provided in paragraph (2) of this subsection or as otherwise provided by law.
(2) Where a defendant has been sentenced to probation, the court shall retain jurisdic tion throughout the period of the probated sentence to shorten the period of probation on motion of the defendant or on its own motion, if the court determines that probation is no longer necessary or appropriate for the ends of justice, the protection of society, and the rehabilitation of the defendant. Prior to entering any order for shortening a period of proba tion, the court shall afford notice and an opportunity for hearing to the prosecuting attor ney; the victim or victims of the crime, if any; and the defendant by registered mail.",
and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) (1) Except in cases in which life imprisonment or the death penalty must be im posed, upon a verdict or plea of guilty in any case involving a misdemeanor or felony, and after a presentence hearing, the judge fixing the sentence shall prescribe a determinate sen tence for a specific number of months or years which shall be within the minimum and maximum prescribed by law as the punishment for the crime. The judge imposing the sen tence is granted power and authority to suspend or probate all or any part of the entire sentence under such rules and regulations as the judge deems proper, subject to the condi tions set out in this subsection.
(2) Probation supervision shall terminate in all cases no later than two years from the commencement of probation supervision unless specially extended or reinstated by the sen tencing court upon notice and hearing and for good cause shown; provided, however, in those cases involving the collection of fines, restitution, or other funds, the period of super vision shall remain in effect for so long as any such obligation is outstanding.
(3) Any part of a sentence of probation revoked for a violation other than a subsequent conviction of a felony offense or a misdemeanor involving physical violence which in the opinion of the trial court constitutes a danger to the community or a serious infraction occurring within an alternative probation confinement facility shall be served in a probation detention center, probation boot camp, diversion center, weekend lock up, or confinement in a local jail or detention facility, or other community correctional alternatives available to the court or provided by the Department of Corrections.
(4) In cases of imprisonment followed by probation, the sentence shall specifically pro vide that the period of probation shall not begin until the defendant has been released from the jurisdiction of the Board of Pardons and Paroles; provided, however, that a sentencing court has the power to revoke the probated portion of a split-term sentence prior to the

THURSDAY, MARCH 19, 1992

1935

commencement of the time of probation. Any felony or misdemeanor offense involving phys ical violence committed during any period of parole shall not be bondable.
(5) (A) Where a defendant has been sentenced to probation, the court shall retain juris diction throughout the period of the probated sentence as provided for in subsection (g) of Code Section 42-8-34. Without limiting the generality of the foregoing, the court may shorten the period of probation on motion of the defendant or on its own motion, if the court determines that probation is no longer necessary or appropriate for the ends of justice, the protection of society, and the rehabilitation of the defendant. Prior to entering any or der for shortening a period of probation, the court shall afford notice and an opportunity for hearing to the defendant, the prosecuting attorney, and the victim or victims of all sex re lated offenses or violent offenses resulting in personal injury or death.
(B) The Department of Corrections shall establish a form document which shall include the elements set forth in this Code section concerning notification of victims and shall make copies of such form available to prosecuting attorneys in the state. When requested by the victim, the form document shall be provided to the victim by the prosecuting attorney. The form shall include the address of the probation office having jurisdiction over the case and contain a statement that the victim must maintain a copy of his or her address with the probation office and must notify the office of any change of address in order to maintain eligibility for notification by the Department of Corrections as required in this Code section."
Section 2. Said article is further amended by adding at the end of Code Section 17-10-3, relating to punishments for misdemeanors generally, a new subsection (g) to read as follows:
"(g) Supervision of a defendant by the Department of Corrections may be imposed in probated or suspended misdemeanor sentences only for the misdemeanor offenses set forth in Title 16, Code Sections 40-6-391, 40-6-393, 40-6-393.1, 40-6-394, or subsection (c) of Code Section 40-6-395, and for all misdemeanor offenses of a high and aggravated nature. Except as provided in this subsection, the Department of Corrections shall lack jurisdiction to su pervise misdemeanor offenders."
Section 3. Article 5 of Chapter 5 of Title 42 of the Official Code of Georgia Annotated, relating to awarding earned-time allowances, is amended by adding at the end thereof a new Code Section 42-5-101 to read as follows:
"42-5-101. (a) The Department of Corrections is authorized to devise and to provide by agency rule a system of work incentive credits which may be awarded by the department to persons committed to its custody for any felony prison term other than life imprisonment.
(b) Work incentive credits may be awarded by the department to recognize inmates' institutional attainments in academic or vocational education, satisfactory performance of work assignments made by the penal institution, and compliance with satisfactory behavior standards established by the department.
(c) The department may award up to one day of work incentive credits for each day during which the subject inmate has participated in approved educational or other counsel ing programs, has satisfactorily performed work tasks assigned by the penal institution, and has complied with satisfactory behavior standards established by the department.
(d) Any work incentive credits awarded an inmate by the department shall be reported by the department to the State Board of Pardons and Paroles which shall consider such credits when making a final parole release decision regarding the subject inmate. The de partment is authorized to recommend the board apply the work incentive credits to advance any tentative parole release date already established for the subject inmate.
(e) The department also shall report to the State Board of Pardons and Paroles the cases of inmates who decline or refuse to participate in work, educational, or counseling programs, who fail to comply with satisfactory behavior standards, and who therefore refuse to earn work incentive credits."
Section 4. Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to

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probation, is amended by striking in its entirety subsection (c) of Code Section 42-8-34, relating to hearings and determinations of probation, which reads as follows:
"(c) If it appears to the court upon a hearing of the matter that the defendant is not likely to engage in a criminal course of conduct and that the ends of justice and the welfare of society do not require that the defendant shall presently suffer the penalty imposed by law, the court in its discretion shall impose sentence upon the defendant but may stay and suspend the execution of the sentence or any portion thereof or may place him on probation under the supervision and control of the probation supervisor for the duration of such pro bation. The period of probation or suspension shall not exceed the maximum sentence of confinement which could be imposed on the defendant.",
and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) Subject to the provisions of subsection (a) of Code Section 17-10-1 and subsection (g) of Code Section 17-10-3, if it appears to the court upon a hearing of the matter that the defendant is not likely to engage in a criminal course of conduct and that the ends of justice and the welfare of society do not require that the defendant shall presently suffer the pen alty imposed by law, the court in its discretion shall impose sentence upon the defendant but may stay and suspend the execution of the sentence or any portion thereof or may place him on probation under the supervision and control of the probation supervisor for the duration of such probation. The period of probation or suspension shall not exceed the max imum sentence of confinement which could be imposed on the defendant."
Section 5. Said chapter is further amended by striking in its entirety subsection (e) of Code Section 42-8-34.1, relating to limitation on probation or parole supervision, which reads as follows:
"(e) In no event shall an offender be supervised on probation or parole, or both, for more than a total of four years for any one offense or series of offenses arising out of the same transaction, whether before or after confinement, except upon written order of the court for the purpose of enforcing restitution or fines or for the protection of the victim or class of victims as defined by age or gender or by type of crime committed.",
and inserting in its place a new subsection (e) to read as follows:
"(e) In no event shall an offender be supervised on probation for more than a total of two years for any one ofFense or series of offenses arising out of the same transaction, whether before or after confinement, except as provided by paragraph (2) of subsection (a) of Code Section 17-10-1."
Section 6. Said chapter is further amended by striking in its entirety Code Section 42-8100, relating to probation services provided by private corporations, enterprises, or agencies, which reads as follows:
"42-8-100. (a) The judge of the probate court or chief magistrate of the magistrate court of any county, with the approval of the governing authority of that county, is authorized to enter into an agreement with a private corporation, enterprise, or agency to provide general probation supervision, fine collection services, counseling, and other probation services for persons convicted of a misdemeanor in the probate court or magistrate court of the county and placed on probation in the county.
(b) The judge of the probate court or chief magistrate of the magistrate court of any county, with the approval of the governing authority of that county, is authorized to estab lish a county probation system to provide general probation supervision, fine collection ser vices, counseling, and other probation services for persons convicted of a misdemeanor in the probate court or magistrate court of the county and placed on probation in the county.",
and inserting in lieu thereof a new Code Section 42-8-100 to read as follows:
"42-8-100. The chief judge of any court within the county, with the approval of the governing authority of that county, is authorized to enter into agreements with private cor porations, enterprises, or agencies, or to establish a county probation system, to provide

THURSDAY, MARCH 19, 1992

1937

general supervision and collection services for all moneys to be paid by a defendant accord ing to the terms of the sentence imposed on the defendant as well as any moneys which by operation of law are to be paid by the defendant in consequence of the conviction, counsel ing, and other probation services for persons convicted of a misdemeanor in that court and placed on probation in the county."
Section 7. Said chapter is further amended by striking in its entirety Code Section 42-8101, relating to the Advisory Council for Probation in the Probate and Magistrate Courts, which reads as follows:
"42-8-101. There is created the Advisory Council for Probation in the Probate and Magistrate Courts, to be composed of one probate judge designated by the Council of Pro bate Court Judges, one chief magistrate designated by the Council of Magistrate Court Judges, and the commissioner of corrections or his designee. Such council shall promulgate rules and regulations regarding contracts or agreements for probation services as authorized in subsection (a) of Code Section 42-8-100 and regarding standards and qualifications in the provision of probation services in the probate court or magistrate court.",
and inserting in lieu thereof a new Code Section 42-8-101 to read as follows:
"42-8-101. There is created the County Probation Advisory Council, to be composed of one superior court judge designated by the Council of Superior Court Judges, one state court judge designated by the Council of State Court Judges, one sheriff designated by the Georgia Sheriffs' Association, one probate court judge designated by the Council of Probate Court Judges, one chief magistrate designated by the Council of Magistrate Court Judges, and the commissioner of corrections or his designee. Such council shall promulgate rules and regulations regarding contracts or agreements for probation services as authorized by Code Section 42-8-100."
Section 8. Chapter 9 of Title 42 of the Official Code of Georgia Annotated, relating to pardons and paroles, is amended by striking in its entirety Code Section 42-9-21, relating to the supervision of persons placed on parole or other conditional release, which reads as follows:
"42-9-21. The board shall have the function and responsibility of supervising all persons placed on parole or other conditional release by the board.",
and inserting in its place a new Code Section 42-9-21 to read as follows:
"42-9-21. (a) The board shall have the function and responsibility of supervising all persons placed on parole or other conditional release by the board.
(b) The board is authorized to enter into memoranda of agreement or other written documents evidencing contracts with other state agencies, persons, or nonsectarian entities, for services or for programs deemed by the board to be necessary for parolees or others conditionally released from imprisonment by order of the board.
(c) In those cases involving the collection of fines, restitution, or other funds, such col lection shall begin during the period of parole."
Section 9. Said chapter is further amended by adding at the end of Code Section 42-945, relating to general rule-making powers, a new subsection (f) to read as follows:
"(f) Except to correct a patent miscarriage of justice and not otherwise, no inmate serv ing a sentence imposed for any of the crimes listed in this subsection shall be granted re lease on parole until and unless said inmate has served on good behavior seven years of imprisonment or one-third of the prison term imposed by the sentencing court for the vio lent crime, whichsoever first occurs. No inmate serving a sentence for any crime listed in this subsection shall be released on parole for the purpose of regulating jail or prison popu lations. This subsection shall govern parole actions in sentences imposed for any of the fol lowing crimes: voluntary manslaughter, armed robbery, kidnapping, rape, aggravated sod omy, aggravated child molestation, statutory rape, incest, cruelty to children, arson in the first degree, homicide by vehicle while under the influence of alcohol or as a habitual traffic

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violator, aggravated battery, aggravated assault, trafficking in drugs, and violations of Chap ter 14 of Title 16, the 'Georgia RICO (Racketeer Influenced and Corrupt Organizations) Act. "
Section 10. Said chapter is further amended by striking subsection (a) of Code Section 42-9-51, relating to final parole revocation hearings, which reads as follows:
"(a) A parolee who has allegedly violated the terms of his parole or conditional release shall have a right to a final hearing before the board, to be held within a reasonable time after the occurrence of one of the events listed in this subsection. However, a final hearing shall not be required if the parolee or conditional releasee has signed a waiver of final hear ing or has been convicted of or entered a plea of guilty or nolo contendere to any crime, whether felony or misdemeanor, in a court of record of this state. The final hearing, if any, shall be held within a reasonable time:
(1) After an arrest warrant has been issued by a member of the board and probable cause for revocation has been found by the preliminary hearing officer;
(2) After a majority of the board overrules a determination by the preliminary hearing officer that probable cause does not exist;
(3) After the board or two of its members are informed of an alleged violation and decide to consider the matter of revocation without issuing a warrant for the alleged viola tor's arrest; or
(4) After a determination has been made that no preliminary hearing is required under subsection (a) of Code Section 42-9-50.",
and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) A parolee who has allegedly violated the terms of his parole or conditional release shall, except as otherwise provided in this subsection, have a right to a final hearing before the board, to be held within a reasonable time after the occurrence of one of the events listed in this subsection. No final hearing shall be required or permitted if the parolee or conditional releasee has been convicted of or entered any form of guilty plea or plea of nolo contendere in any federal or state court of record to any felony crime or misdemeanor in volving physical violence committed by the parolee or conditional releasee during a term of parole or conditional release, and which new conviction results in imposition by the convict ing court of a term of imprisonment. The board shall in every case of a parolee or condi tional releasee convicted of committing a felony offense or convicted of a misdemeanor in volving physical violence which in the opinion of the trial court constitutes a danger to the community while on parole or conditional release revoke the entire unexpired term of parole or conditional release. The board shall not have discretion to continue parole or conditional release in such cases. In no case shall a final hearing be required if the parolee or conditional releasee has signed a waiver of final hearing. The final hearing, if any, shall be held within a reasonable time:
(1) After an arrest warrant has been issued by a member of the board and probable cause for revocation has been found by the preliminary hearing officer;
(2) After a majority of the board overrules a determination by the preliminary hearing officer that probable cause does not exist;
(3) After the board or two of its members are informed of an alleged violation and decide to consider the matter of revocation without issuing a warrant for the alleged viola tor's arrest; or
(4) After a determination has been made that no preliminary hearing is required under subsection (a) of Code Section 42-9-50."
Section 11. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 12. All laws and parts of laws in conflict with this Act are repealed.

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Senators Ray of the 19th and Garner of the 30th offered the following amendment:

Amend the substitute to HB 1607 offered by the Senate Committee on Corrections by striking on line 15 of page 4 the following:
"conviction of a felony offense or a", and inserting in lieu thereof the following:
"felony offense or a conviction of a".

On the adoption of the amendment offered by Senators Ray of the 19th and Garner of the 30th, the yeas were 38, nays 0, and the amendment was adopted.

Senator Alien of the 2nd offered the following amendment:

Amend the substitute to HB 1607 offered by the Senate Committee on Corrections by adding on page 11, line 13, after the word "Judges",
"and a representative of crime victim advocacy organizations appointed by the Governor".

On the adoption of the amendment offered by Senator Alien of the 2nd, the yeas were 36, nays 0, and the amendment was adopted.

Senators Edge of the 28th and Clay of the 37th offered the following amendment:

Amend the substitute to HB 1607 offered by the Senate Committee on Corrections by striking on lines 33 and 34 of page 4 the words "prior to the commencement of the time of probation" and by inserting in lieu thereof the words,
"during the time the defendant is under the jurisdiction of the Board of Pardons and Paroles".

On the adoption of the amendment offered by Senators Edge of the 28th and Clay of the 37th, the yeas were 37, 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 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 32nd Ramsey Ray Robinson

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JOURNAL OF THE SENATE

Scott Starr
Steinberg Tate

Taylor Thompson Timmons

Tysinger Walker of 43rd White

Voting in the negative were Senators Ragan of the 10th and Turner.

Those not voting were Senators:

Deal (presiding) Garner (excused)

Hooks (excused) Shumake

Walker of 22nd

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

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

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.
Senate Sponsor: Senator Hill of the 4th.

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 Mike Snow

State Representative

FROM:

G.W. Hogan, State Auditor Henry M. Huckaby, Director, Office of Planning and Budget

DATE:

March 5, 1992

SUBJECT: Fiscal Note - House Bill 1445 (LC 16 2666) Reserve/National Guard Motor Vehicle License Plates

This bill provides for free motor vehicle license plates for certain members of active reserve/National Guard units based in other states. Residents of Georgia that serve in active reserve units outside the state and residents that serve in National Guard units in adjoining states would be eligible for free license plates under these provisions. Current provisions
provide for free license plates for state residents serving in reserve/National Guard units based in Georgia.

The cost of this Bill would depend on the number of reserve/National Guard unit mem bers made eligible for free license plates under this Bill's provisions. While figures are not readily available on the number of Georgia residents serving in out-of-state units, the total cost is not expected to be significant. Assuming that the number of Georgia residents serv
ing in out-of-state units is roughly equivalent to the number of out-of-state residents serving in Georgia units, approximately 350 free license plates might be issued. Based on current annual tag fees and the Department of Revenue's estimated additional cost to process spe
cial tags, this Bill would cost (or reduce state revenues) approximately $13,000 in a year that

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1941

new license plates are issued and approximately $3,000 in a year when license plates are renewed.

/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 Alien Baldwin BishP
Bowen Broun of 46th Brown of 26th BC1urton Coleman Collins Dawkins D ean Echols Edge Egan

Foster Gillis Hammill Harris
Hasty Henson Hm uHuggms Johnson Kldd Langford Marable Newbill Perdue Perry

Phillips Ragan of 10th Ragan of 32nd Ramsey
Robinson Starr Steinberg _T,at, e Tay'or Thompson Turner Tysinger Walker of 22nd Walker of 43rd White

Those not voting were Senators:

Deal (presiding) English Garner (excused) Hooks (excused)

Moye Pollard Ray

Scott Shumake Timmons

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

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

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.
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:

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JOURNAL OF THE SENATE

Those voting in the affirmative were Senators:

Albert Alien Baldwin Bishop Bowen Brown of 26th Burton Clay Coleman Collins Dawkins Dean Echols Edge Egan

Foster Gillis Hammill Hasty Henson Hill Huggins Johnson Kidd Marable Newbill Perdue Perry Phillips Pollard

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

Those not voting were Senators:

Broun of 46th Deal (presiding) English Garner (excused)

Harris Hooks (excused) Langford Moye

Ray Shumake Timmons

On the passage of the bill, the yeas were 45, nays 0.

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

The following general bill of the House, having been read the third time on March 3 and lost, reconsidered on March 4, and placed on the Senate Rules Calendar for today, was put upon its passage:

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.
Senator Kidd of the 25th moved that the Senate reconsider its action on March 3 in adopting the following substitute to HB 559 offered by the Senate Committee on Govern mental Operations:
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

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1943

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 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.

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(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 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 motion offered by Senator Kidd of the 25th, the yeas were 40, nays 0; the mo tion prevailed, and the substitute to HB 559 offered by the Senate Committee on Govern mental Operations was reconsidered.
Senator Kidd of the 25th offered the following amendment:
Amend the substitute to HB 559 offered by the Senate Committee on Governmental Operations by adding at the end of line 2 of page 3 the word "and".

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1945

By striking at the end of line 5 of page 3 the following: "; and", and inserting in lieu thereof a period. By striking in their entirety lines 6 through 8 on page 3, which read as follows: "(4) That the applicant has had a minimum of two years of experience in the field of irrigation contracting."

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

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

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

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

Those voting in the affirmative were Senators:

Alien Baldwin Bishop Bowen Broun of 46th Burton Clay Coleman Dawkins Dean Echols Egan English Foster

Gillis Hammill Harris Hasty Henson Hill Huggins Kidd Langford Marable Moye Newbill Perry Ragan of 10th

Ragan of 32nd Ramsey Robinson Scott Starr Steinberg Tate Taylor Thompson Turner Tysinger Walker of 22nd Walker of 43rd White

Those voting in the negative were Senators:

Albert Brown of 26th

Collins Edge

Perdue Phillips

Those not voting were Senators:

Deal (presiding) Garner (excused) Hooks (excused)

Johnson Pollard Ray

Shumake Timmons

On the passage of the bill, the yeas were 42, nays 6.

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

1946

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 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.
Senate Sponsor: Senator Scott of the 36th.

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

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

Those voting in the affirmative were Senators:

Alien Baldwin Bishop Bowen Broun of 46th Brown of 26th
Coleman Collins Dawkins jean Echols Edge Egan

Foster Gillis Hammill Harris Hasty
Hill Marable
Newbill Perdue Perry Phillips

Ragan of 10th Ragan of 32nd Ramsey Robinson Scott Starr
,,TS,taetienbergB
Timmons Turner Walker of 43rd White

Those not voting were Senators:

Albert Clay DeaHpresiding)
Garner (excused) Hooks (excused)

Huggins Johnson Kidd
Langford Pollard

Ray Shumake Thompson
Tysinger Walker of 22nd

On the passage of the bill, the yeas were 40, nays 0.

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

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.
Senator Sponsor: Senator Edge of the 28th.

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1947

The Senate Committee on Special Judiciary offered the following substitute to HB 1523:
A BILL
To be entitled an Act to amend Chapter 6 of Title 16 of the Official Code of Georgia Annotated, relating to sexual offenses, so as to provide for the offence of sexual assault against persons under psychotherapeutic care; to provide for a definition; to provide for a criminal penalty; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 6 of Title 16 of the Official Code of Georgia Annotated, relating to sexual offenses, is amended by striking Code Section 16-6-5.1, relating to sexual assault against persons in custody, and inserting in its place a new Code Section 16-6-5.1 to read as follows:
"16-6-5.1. (a) As used in this Code section, the term:
(1) 'Actor' means a person accused of sexual assault.
(2) 'Intimate parts' means the genital area, groin, inner thighs, buttocks, or breasts of a person.
(3) 'Psychotherapy* means the professional treatment or counseling of a mental or emo tional illness, symptom, or condition.
43} (4) 'Sexual contact' means any contact for the purpose of sexual gratification of the actor witFthe intimate parts of a person not married to the actor.
(b) A probation or parole officer^ or other custodian or supervisor of another person referred to in this Code section commits sexual assault when he engages in sexual contact with another person who is a probationer or parolee under the supervision of said probation or parole officer or who is in the custody of law or who is enrolled in a school or who is detained in or is a patient in a hospital or other institution and such actor has supervisory or disciplinary authority over such other person. A person convicted of sexual assault shall be punished by imprisonment for not less than one nor more than three years.
(c) (1) A person commits sexual assault when such person has supervisory or disciplinary~authority over another person and such person engages in sexual contact with that other person who is:
(A) In the custody of law; or
(B) Detained in or is a patient in a hospital or other institution.
(2) A person commits sexual assault when, as an actual or purported practitioner of psycEotherapy, he or she engages in sexual contact with another person who the actor knew or should have known is the subject of the actor's actual or purported treatment or counsel ing, or, if the treatment or counseling relationship was used to facilitate sexual contact be tween the actor and said personT
(3) Consent of the victim shall not be a defense to a prosecution under this subsection.
(4) A person convicted of sexual assault under this subsection shall be punished by imprisonment for not less than one nor more than three yearsT"
Section 2. This Act shall become effective on 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 32, nays 0, and the substitute was adopted.

1948

JOURNAL OF THE SENATE

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

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

Those voting in the affirmative were Senators:

Albert Baldwin Bishop Bowen Broun of 46th Brown of 26th
BCluaryton
Collins Dawkins Dean Echols Edge Egan Foster

Gillis Hammill Harris Hasty Henson Hill
HKuidgdgins
Langford Marable Moye Newbill Perdue Perry Phillips

Ragan of 10th Ragan of 32nd Ramsey Robinson Scott gtarr
Sbtteeminbbeerrge
i,a , laylor Thompson Timmons Turner Walker of 43rd White

Those not voting were Senators:

Alien Coleman Deal (presiding) English

Garner (excused) Hooks (excused) Johnson Pollard

Ray Shumake Tysinger 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 by substitute.

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.
Senate Sponsor: Senator Robinson of the 16th.

The Senate Committee on Natural Resources offered the following amendment:

Amend HB 1394 by inserting on line 28 of page 28, following the word "facilities", the following:
"which had interim status prior to November 8, 1984,".
By inserting on line 21 of page 43, between the word "standards" and the symbol ";", the following:
"promulgated in accordance with Code Section 12-8-64 and in force and effect on January 1, 1992".

THURSDAY, MARCH 19, 1992

1949

By striking on lines 27 and 28 of page 43, on line 4 of page 44, and on line 9 of page 44 the words "pursuant to this article" and inserting in lieu thereof the following:
"purauant to thia article in accordance with Code Section 12-8-64 and in force and ef fect on January 1, 1992".
By inserting immediately following line 19 of page 48 the following:
"(6) 'Onshore facility' means any facility of any kind including, but not limited to, mo tor vehicles and rolling stock located in, on, or under any land or nonnavigable waters within the United States;".
By redesignating paragraphs (6), (7), (8), (9), (10), (11), and (12) on line 20 of page 48; lines 19 and 26 of page 49; lines 20 and 27 of page 50; and lines 10 and 13 of page 51, respectively, as paragraphs (7), (8), (9), (10), (11), (12), and (13), respectively.
By inserting on line 11 of page 51 following the word "property", the following:
"and any other owner's property".
By inserting at the end of line 26 of page 54 the following:
"provided, however, that if a county or municipal corporation has been or is the owner of or operator of such site, not less than 3500,000.00 of such costs shall be paid from the hazardous waste trust fund;".
By striking on lines 20 and 21 of page 58 the words "by such person".
By inserting at the end of line 22 on page 62 the word "and".

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

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

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

Those voting in the affirmative were Senators:

Albert Baldwin Bishop Bowen Broun of 46th Brown of 26th Burton Clay Coleman Collins Dawkins Dean Echols Egan English Foster

Gillis Harris Hasty Henson Hill 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 voting were Senators:

Alien Deal (presiding) Edge

Garner (excused) Hammill Hooks (excused)

Langford Shumake

1950

JOURNAL OF THE SENATE

On the passage of the bill, the yeas were 48, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
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.
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 Baldwin Bishop Bowen Broun of 46th Brown of 26th Burton Clay Coleman Collins Dawkins Dean Echols Egan English Foster

Gillis Hammill Harris Hasty Henson Hill Huggins Johnson Kidd Marable Newbill Perdue Perry Phillips Pollard Ragan of 10th

Voting in the negative was Senator Walker of 22nd.

Those not voting were Senators:

Ragan of 32nd Ramsey Ray Robinson Scott Starr Stein berg T1 nautpc
Taylor Thompson Timmons Turner Tysinger Walker of 43rd White

Alien Deal (presiding) Edge

Garner (excused) Hooks (excused) Langford

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

Moye Shumake

The bill, having received the requisite constitutional majority, was passed. The following general bill of the House, having been read the third time on March 4

THURSDAY, MARCH 19, 1992

1951

and committed to the Senate Committee on Retirement, favorably reported by the commit tee, and placed on the Senate Rules Calendar for today, was put upon its passage:

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.

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 Firemen'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.

/a/ G. W. Hogan State Auditor

The Senate Committee on Retirement offered the following substitute to HB 711:

A BILL
To be entitled an Act 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 continued membership for certain persons having certain administrative oversight responsibilities; to provide for related matters; 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 47-7-82 of the Official Code of Georgia Annotated, relating to membership in the Georgia Firemen's Pension Fund by a fire department employee other than a fireman or volunteer fireman, is amended by designating the existing language of such Code section as subsection (a) and by inserting immediately thereafter a new subsec tion (b) to read as follows:
"(b) Notwithstanding the provisions of subsection (a) of this Code section, a member may continue membership and may continue to earn credit for service rendered following the member's appointment to an administrative position with a state, county, or municipal

1952

JOURNAL OF THE SENATE

public safety unit, provided that a significant responsibility of such administrative position involves direct administrative oversight of the operation of a fire department under the ju risdiction of such public safety unit; and provided, further, that at the time of such appoint ment the member has acquired by service as a fireman not less than 15 years of creditable service in the fund. As used in this subsection, the term 'direct administrative oversight' means responsibility in a position having authority over the chief of a fire department for budget, personnel, operations, or purchasing functions relating to the fire-fighting functions of the fire department. Any member who was appointed to such an administrative position prior to July 1, 1992, shall receive credit for service rendered from the date of such appoint ment if such member pays all dues owing for such period, and the provisions of subsection (b) of Code Section 47-7-60 shall not apply to such period."
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, S.W.
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 26, 1992

SUBJECT: House Bill 71 (Substitute) (LC 21 1697S) Georgia Firemen's Pension Fund - Administrative

As amended, 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 administrative oversight responsibilities over a fire department.

This is to certify that the changes made in this substitute Bill (clarifying that any mem ber who was appointed to an administrative position prior to July 1, 1992, would receive service credit from the date the member assumed the position, provided that all days were paid), are a nonfiscal 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 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

THURSDAY, MARCH 19, 1992

1953

Bowen Broun of 46th Brown of 26th Burton Clay Coleman Collins Dawkins Dean Echols Egan English Foster Gillis

Hammill Harris Hasty Huggins Johnson Kidd Marable Moye Perdue Perry Phillips Ragan of 10th Ragan of 32nd Ramsey

Ray Robinson Scott Starr Steinberg Tate Taylor Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White

Voting in the negative was Senator Newbill.

Those not voting were Senators:

Alien
Deal (presiding) Edge Garner (excused)

Henson Hill Hooks (excused)

Langford Pollard Shumake

On the passage of the bill, the yeas were 45, nays 1.

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

Senator Gillis of the 20th moved that the Senate do now adjourn until 9:00 o'clock A.M. tomorrow, and the motion prevailed.

At 3:43 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.

1954

JOURNAL OF THE SENATE

Senate Chamber, Atlanta, Georgia Friday, March 20, 1992
Thirty-fifth 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 1615. 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 Fioyd, Berrien, Effingham, Schley, Sumter, and Greene, so as to provide new commissioner districts.
HB 1619. By Representative Skipper of the 116th: A bill to amend an Act to create the Sumter County Public School System, so as to provide new Education Districts.
HB 2021. By Representative Jenkins of the 80th: A bill to amend an Act creating a board of commissioners of Jasper County, so as to reapportion the commissioner districts.
HB 2023. By Representative Jenkins of the 80th: A bill to amend an Act creating a board of commissioners for Monroe County, so as to reapportion the commissioner districts.
HB 2079. By Representative Floyd of the 135th: A bill to amend an Act changing the method of compensating the clerk of the superior court, the sheriff, the judge of the probate court, and the tax commis sioner of Crisp County from the fee system to an annual salary basis, so as to revise provisions relative to the compensation of the tax commissioner.
SB 450. By Senators Starr of the 44th and Collins of the 17th: A bill to provide for the creation of one or more community improvement dis tricts in Clayton County and in each municipality therein; to provide for a short title; to provide for the purposes of the said districts; to provide for definitions; to provide for boards to administer said districts.
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

FRIDAY, MARCH 20, 1992

1955

certain United States decennial censuses; to provide for effective dates; to pro vide for the automatic repeal of certain provisions.
SB 388. By Senator Deal of the 49th:
A bill to amend Code Section 17-6-1 of the Official Code of Georgia Annotated, relating to which offenses are bailable, so as to provide for offenses bailable only before the superior court in certain instances.
SB 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.
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 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 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 524. By Senators Steinberg of the 42nd, Deal of the 49th, Garner of the 30th and others:
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 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.

1956

JOURNAL OF THE SENATE

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 House has passed, as amended, by the requisite constitutional majority the follow ing bills of the Senate:
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.
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.
The House has passed, by substitute, by the requisite constitutional majority the fol lowing bills of the Senate:
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 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 House has adopted by the requisite constitutional majority the following resolu tions of the Senate:
SR 410. By Senator Huggins of the 53rd: A resolution honoring Mr. James L. Clarkson and designating the James L. Clarkson Memorial Highway.
SR 180. By Senators Taylor of the 12th, Hooks of the 14th, Perry of the 7th and others: A resolution designating the developmental highway, known as "Corridor Z," as the "South Georgia Parkway".

FRIDAY, MARCH 20, 1992

1957

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.
The House has adopted, by substitute, by the requisite constitutional majority the fol lowing resolution of the Senate:
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 authorize 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 following bill of the Senate was introduced, read the first time and referred to committee:
SB 865. By Senator Dean of the 31st: A bill to provide for homestead exemptions from Polk County ad valorem taxes for county purposes and from Polk County School District ad valorem taxes for educational purposes and to reduce bonded indebtedness for certain residents of that county and school district; to provide for definitions; to specify the terms and conditions of the exemptions and the procedures relating thereto; to provide for a referendum; to provide for applicability.
Referred to Committee on Urban and County Affairs.
The following bills of the House were read the first time and referred to committee:
HB 1615. 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 provide new commissioner districts.
Referred to Committee on Urban and County Affairs.
HB 1619. By Representative Skipper of the 116th: A bill to amend an Act to create the Sumter County Public School System, so as to provide new Education Districts.
Referred to Committee on Urban and County Affairs.
HB 2021. By Representative Jenkins of the 80th: A bill to amend an Act creating a board of commissioners of Jasper County, so as to reapportion the commissioner districts.
Referred to Committee on Urban and County Affairs.
HB 2023. By Representative Jenkins of the 80th: A bill to amend an Act creating a board of commissioners for Monroe County, so as to reapportion the commissioner districts.
Referred to Committee on Urban and County Affairs.

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JOURNAL OF THE SENATE

HB 2079. By Representative Floyd of the 135th:
A bill to amend an Act changing the method of compensating the clerk of the superior court, the sheriff, the judge of the probate court, and the tax commis sioner of Crisp County from the fee system to an annual salary basis, so as to revise provisions relative to the compensation of the tax commissioner.
Referred to Committee on Urban and County Affairs.

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

Mr. President:

The Committee on Economic Development and Tourism has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations:
HB 1361. Do pass. HB 1942. 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 House and has instructed me to report the same back to the Senate with the following recommendation:
HB 999. Do pass by substitute.
Respectfully submitted,
Senator Foster of the 50th 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 968. Do pass by substitute.

HB 1609. Do pass.

HB 1342. Do pass.

HB 1828. Do pass.

HB 1534. 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 of the House and has instructed me to report the same back to the Senate with the follow ing recommendations:

HB 143. Do pass by substitute.

HB 1624. Do pass.

HB 1346. Do pass as amended.

HB 1646. Do pass.

HB 1532. Do pass.

HB 1756. Do pass.

Respectfully submitted,

Senator Pollard of the 24th District, Chairman

FRIDAY, MARCH 20, 1992

1959

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 1779. Do pass by substitute. HB 1116. 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 House and has instructed me to report the same back to the Senate with the following recommendations:
HB 1710. Do pass. HB 1277. Do pass. HB 1776. Do pass.
Respectfully submitted,
Senator Baldwin of the 29th 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 1439. Do pass.

HB 1391. Do pass.

HB 1322. Do pass by substitute. HB 1169. Do pass as amended.

,,,, ,, _ HB 1660. Do pass.

HB 1324. Do pass.

HB 1385. Do pass.

Respectfully submitted,

Senator Gillis of the 20th District, Chairman

Mr. President:

The Committee on Reapportionment 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 1657. Do pass as amended. HB 1340. Do pass as amended.
Respectfully submitted,
Senator Walker of the 43rd 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:

1960

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HB 1725. HB 1891. HB 1892. HB 1893. HB 1894. HB 1895. HB 1896. HB 1897. HB 2000.

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

HB 2001. Do pass. HB 2027. Do pass. HB 2044. Do pass. HB 2045. Do pass. HB 2047. Do pass. HB 2048. Do pass. HB 2054. Do pass. HB 1157. Do pass. HB 1158. 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 858. Do pass.

HB 2012. Do pass.

SB 859. Do pass.

HB 2016. Do pass.

SB 860. Do pass.

HB 2017. Do pass.

SB 861. SB 862. HB 1491. HB 1493.

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

HB 2019. HB 2025. HB 2033. HB 2039.

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

HB 1916. Do pass.

HB 2040. Do pass.

HB 1948. Do pass. HB 1949. Do pass.

HB 2051. Do pass. HB 2056. Do pass.

HB 2010. Do pass.

HB 2073. Do pass.

HB 2011. Do pass.

HB 1672. Do pass by substitute.

Respectfully submitted,

Senator Harris of the 27th District, Chairman

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

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.

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.

FRIDAY, MARCH 20, 1992

1961

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 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.
HB 1120. By Representative McKinney of the 35th:
A bill to amend Code Section 16-11-130 of the Official Code of Georgia Anno tated, relating to exemptions from prohibitions against carrying a concealed weapon, carrying a deadly weapon to a public gathering, and carrying a pistol without a license, so as to provide that such exemptions shall extend to solicitors of state courts, investigators employed by a solicitor's office, and assistant solicitors.
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.
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.
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.
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.
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

1962

JOURNAL OF THE SENATE

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 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.
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.
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 1582. By Representatives Barnett of the 10th, Parham of the 105th and Harris of the 84th:
A bill to amend Article 4 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to restoration of drivers' licenses, so as to restrict solicita tions for driver improvement clinics and DUI Alcohol or Drug Use Risk Reduc tion Programs.
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 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.
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.

FRIDAY, MARCH 20, 1992

1963

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.
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.
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 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.
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.
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.
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 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

1964

JOURNAL OF THE SENATE

of the board; to revise provisions relating to registration, licenses, and inspections.
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.
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.
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.
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.
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 Bowen Broun of 46th Brown of 26th Burton Clay Coleman Collins DDaewankins
Echols Edge
Egan
English
Foster
Garner

Gillis Hammill Harris Hasty Henson Hill Hooks Huggins Johnson KMiadrdable
Moye Newbill
Perdue
Perry
Phillips
Pollard

Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Starr Steinbere TM ,Tiaayt!lor
Thompson Timmons
Turner
Tysinger
Walker of 43rd
White

Those not answering were Senators:

Alien Bishop

Deal (presiding) Langford

Shumake Walker of 22nd

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 Albert of the 23rd introduced the chaplain of the day, Mr. Ben J. Brush, Sr., of Martinez, Georgia, who offered scripture reading and prayer.

FRIDAY, MARCH 20, 1992

1965

The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has passed, by substitute, by the requisite constitutional majority the fol lowing bills of the Senate:
SB 144. By Senators Walker of the 22nd, Walker of the 43rd and Alien of the 2nd: A bill to amend Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to state purchasing, so as to provide for legislative intent; to provide definitions; to require minority business enterprises to be certified by the Department of Administrative Services before bidding on state contracts; to pro vide the requirements for certification as a minority business enterprise.
SB 159. By Senators Olmstead of the 26th and Albert of the 23rd: A bill to amend Chapter 11 of Title 43 of the Official Code of Georgia Annotated, relating to the Georgia Board of Dentistry and the licensed practice of dentistry, so as to change the penalty for the practice of dentistry without a license.
The following resolutions of the Senate were read and adopted:
SR 558. By Senator Newbill of the 56th: A resolution commending Mr. Walter demons Hunt.
SR 559. By Senator Kidd of the 25th: A resolution commending Central State Hospital in Milledgeville, Georgia.
SR 560. By Senators Henson of the 55th, Ramsey of the 54th, Newbill of the 56th and others: A resolution encouraging the Georgia High School Athletic Association and the Independent School Athletic Association to offer women's fast-pitch softball pro grams in the school systems of Georgia.
The following local, uncontested bills of the Senate and House, favorably reported by the committee as listed on the Senate Local Consent Calendar, were put upon their passage:
SENATE LOCAL CONSENT CALENDAR Friday, March 20, 1992
THIRTY-FIFTH LEGISLATIVE DAY (The names listed with each bill are the Senators whose districts are affected by the legislation.)
SB 858 Thompson, 33rd CITY OF POWDER SPRINGS A bill to amend an Act 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 immediately preceding taxable year; to provide for a state ment of authority; to provide for the calculation of income and amounts to be included in such calculation; to provide for disability and the determination thereof; to repeal conflicting laws; and for other purposes.

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JOURNAL OF THE SENATE

SB 859 Pollard, 24th GREENE COUNTY
A bill to amend an Act creating the board of commissioners of Greene County, approved August 11, 1925 (Ga. L. 1925, p. 653), as amended, so as to provide for compensation of the chairman; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 860 Pollard, 24th GREENE COUNTY
A bill to amend an Act consolidating the offices of tax receiver and tax collec tor of Greene County into the one office of tax commissioner of Greene County, approved December 12, 1953 (Ga. L. 1953, Nov. -Dec. Sess., p. 2506), as amended, so as to change the compensation provisions relating to the tax commissioner; to provide an effective date; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 861 Broun, 46th CLARKE COUNTY
A bill to grant to residents of Clarke County and the Clarke County School District, 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; to re peal conflicting laws; and for other purposes.
SB 862 Foster, 50th HABERSHAM COUNTY
A bill to amend an Act providing for the election of the members of the Board of Education of Habersham County, approved March 5, 1976 (Ga. L. 1976, p. 2798), so as to change the education districts; to provide for defini tions; to provide for conflicting descriptions; to provide for inclusion of cer tain areas within other districts; to require certain submissions and provide for automatic repeal; to repeal conflicting laws; and for other purposes.
HB 1491 Broun, 46th CLARKE COUNTY
A bill to amend an Act providing for the unification of the existing govern ments 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 compo sition of the districts from which the members of the Commission of AthensClarke County are elected; and for other purposes.
HB 1493 Broun, 46th CLARKE COUNTY
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 ex isting 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; and for other purposes.
HB 1916 Perry, 7th CITY OF FARGO
A bill to provide a charter for the City of Fargo; and for other purposes.

FRIDAY, MARCH 20, 1992

1967

HB 1948 Ray, 19th PULASKI COUNTY
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; and for other pur poses.
HB 1949 Moye, 34th CITY OF FAIRBURN
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; and for other pur poses.
HB 2010 Perdue, 18th Broun, 26th Harris, 27th BIBB COUNTY
A bill to amend an Act establishing the Board of Public Education and Or phanage for Bibb County, so as to provide for the board and its purposes; and for other purposes.
HB 2011 Dean, 31st PAULDING COUNTY
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; and for other purposes.
HB 2012 Ragan, 32nd Thompson, 33rd Clay, 47th Newbill, 56th COBB COUNTY
A bill to provide that the tax commissioner of Cobb County shall retain a specified 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; and for other purposes.
HB 2016 Echols, 6th CITY OF KINGSLAND
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; and for other purposes.
HB 2017 Perry, 7th CITY OF WAYCROSS
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 mari juana; and for other purposes.

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JOURNAL OF THE SENATE

HB 2019 Kidd, 25th CITY OF MONTICELLO
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 appointment of a city manager; and for other purposes.

HB 2025 Bowen, 13th WORTH COUNTY
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; and for other purposes.

HB 2033 Baldwin, 29th Garner, 30th CARROLL COUNTY
A bill to amend an Act revising and consolidating the laws pertaining to the governing authority of Carroll County, so as to change the minimum age for district commissioners, and for other purposes.

HB 2039 Ragan, 10th Bowen, 13th COLQUITT COUNTY
A bill to amend an Act re-creating the Board of Commissioners of Colquitt County, so as to reapportion the commissioner districts; and for other pur poses.

HB 2040 Ragan, 10th Bowen, 13th COLQUITT COUNTY
A bill to amend an Act relating to the Board of Education of Colquitt County, so as to reapportion the education districts; and for other purposes.

HB 2051 Timmons, llth CITY OF BLAKELY
A bill to amend an Act incorporating the City of Blakely, so as to change the date of municipal elections; and for other purposes.

HB 2056 Deal, 49th HALL COUNTY
A bill to create the Hall County Water and Sewerage Authority; and for other purposes.

HB 2073 Dean, 31st CITY OF TALLAPOOSA
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 jurisdiction and punishment powers of the Municipal Court of the City of Tallapoosa; and for other purposes.

*HB 1672

Ragan, 32nd Thompson, 33rd Clay, 37th Newbill, 56th COBB COUNTY
A bill to amend an Act creating the board of commissioners of Cobb County,

FRIDAY, MARCH 20, 1992

1969

so as to change the compensation of the chairman; and for other purposes. (SUBSTITUTE)
The substitute to the following bill was put upon its adoption:
*HB 1672:
The Senate Committee on Urban and County Affairs offered the following substitute to HB 1672:
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 commissioner districts; to provide for definitions and inclusions; to change the compensation of the chairman; to provide that the chairman shall appoint the heads of the departments of the county; to provide for the duties of the chairman; to provide that the office of county manager may be created by the board of commissioners; to provide for re lated 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 established in this subsection 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 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 district, as herein after described, shall be eligible to offer for election to Commissioner Districts 1, 2, 3, and 4. Persons offering for Commissioner Districts 1, 2, 3, and 4 shall be elected only by the quali fied voters residing within the respective commissioner districts for which such persons offer as candidates."
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 follows:
Commissioner District: 1
COBB COUNTY VTD: 0001 ACWORTH VTD: 0006 BIG SHANTY 1 VTD: 0007 BIG SHANTY 2 VTD: 0008 BIG SHANTY 3 VTD: 0013 CHEATHAM HILL 1 VTD: 0018 DOBBINS 2 (Part) Tract: 0305.03 Block(s): 208B VTD: 0020 DUE WEST VTD: 0022 ELIZABETH 1 VTD: 0023 ELIZABETH 2 (Part) Tract: 0305.01 Block(s): 306, 307B, 308B, 501, 502, 503, 504, 601C, 601D, 602F, 602G, 602H, 602J, 602K, 602L, 603, 604D, 604E, 604F, 605C, 605D, 606C, 701B, 702, 703,

1970

JOURNAL OF THE SENATE

704, 705, 706, 707, 708, 709, 710B, 710C, 711B, 711C, 713, 714, 715, 716, 717B, 718B, 819 VTD: 0024 ELIZABETH 3 (Part) Tract: 0305.02 Block(s): 201B, 202C VTD: 0025 ELIZABETH 4 (Part) Tract: 0305.02 Block(s): 301, 302B, 303C, 303D, 303E, 304B, 305C, 305D, 305E, 306, 307, 308, 309, 310, 316B, 317B, 317C, 318B, 319 Tract: 0305.03 Block(s): 302C, 307C, 308B, 309C, 309D, 310, 311, 312, 313, 314B, 315C, 318B, 411B, 411C, 411D, 412B, 413B 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: 0033 FULLERS 1 AND FULLERS 2 (Part) Tract: 0304.05 Block(s): 205B VTD: 0049 KENNESAW 1 VTD: 0050 KENNESAW 2 VTD: 0051 LOST MOUNTAIN VTD: 0058 MARIETTA 2A VTD: 0059 MARIETTA 3 VTD: 0060 MARIETTA 4 VTD: 0061 MARIETTA 5 VTD: 0062 MARIETTA 6 (Part) Tract: 0304.05 Block(s): 205A 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, 307A, 307B, 308A, 309A, 309B, 314A, 315A, 315B, 316A, 316B, 317, 318A, 407, 408, 409, 410, 411A, 412A, 413A, 414, 415, 416, 417, 418, 419A, 502A, 601, 602, 603, 604 Tract: 0307. Block(s): 106, 107, 109, 201 VTD: 0064 MARS HILL 1 VTD: 0065 MARS HILL 2 VTD: 0066 MARS HILL 3 VTD: 0075 OREGON 1 VTD: 0077 OREGON 3 VTD: 0078 OREGON 4 VTD: 0090 RED ROCK VTD: 0093 SEWELL MILL 3 AND SEWELL MILL 4 (Part) Tract: 0305.03 Block(s): 205C, 419B, 419C VTD: OOB6 KEMP

FRIDAY, MARCH 20, 1992

1971

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: 0017 DOBBINS 1 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): 102B, 103B, 104, 105, 301B, 401C, 401D, 401E, 503B, 504, 601B, 603B Tract: 0304.06 Block(s): 401D, 401F, 501D Tract: 0310.01 Block(s): 910C, 925C Tract: 0311.08 Block(s): 102H, 102J, 314B, 401D, 401E, 403, 404A, 405A, 406, 407, 408, 409B, 411D VTD: 0021 EASTSIDE VTD: 0032 FAIR OAKS 6 (Part) Tract: 0308. Block(s): 206B VTD: 0033 FULLERS 1 AND FULLERS 2 (Part) Tract: 0304.02 Block(s): 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 216, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 601B, 602, 603, 604B, 605, 606, 608, 609, 611, 613, 614, 615B, 649, 650 Tract: 0304.05 Block(s): 301, 302, 303, 304, 401C, 401D, 401E, 402B, 403, 404, 405, 406B, 407C, 501, 502, 503, 504, 601B, 601C, 602B, 603C, 701B, 702, 703, 704B, 901, 902, 903, 904, 905 VTD: 0035 FULLERS 3 VTD: 0036 FULLERS 4 VTD: 0037 FULLERS 5 VTD: 0062 MARIETTA 6 (Part) Tract: 0304.01 Block(s): 901A, 919A 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, 401A, 402A, 601A, 602A, 603A, 603B, 701A, 704A, 801, 802, 803 VTD: 0063 MARIETTA 7 VTD: 0067 MT. BETHEL 1 VTD: 0069 MT. BETHEL 3 VTD: 0071 NORTON PARK 1 (Part) Tract: 0311.05 Block(s): 107B, 116E, 130B, 136B, 137B, 139B VTD: 0072 NORTON PARK 2 (Part) Tract: 0311.07 Block(s): 201B, 202B, 203A, 203F, 203G, 203H, 203J, 206B, 217, 226B, 227, 306C, 309B, 323B

1972

JOURNAL OF THE SENATE

VTD: 0073 OAKDALE 1 VTD; 0074 OAKDALE 2 (Part)
Tract: 0311.07 Block(s): 204B, 204C, 205C, 205D, 205E, 205F, 207B, 303, 304, 305, 306E, 307B, 317C, 318B, 318C, 321B, 322, 324, 326
Tract: 0312.02 Block(s): 401, 402, 437B, 438F, 439B, 601C, 602, 603B, 604, 605C, 606, 607B, 608C, 608D, 609B, 612B, 612C, 613B, 613D, 613E, 613F, 650
VTD: 0079 PARKAIRE VTD: 0092 SEWELL MILL 2 VTD: 0093 SEWELL MILL 3 AND SEWELL MILL 4 (Part)
Tract: 0304.01 Block(s): 106, 117, 118, 201, 202, 209, 210, 901B, 902, 903, 904, 905, 906B, 909, 910, 911, 912, 913, 914, 915, 916, 917, 918, 919B
Tract: 0304.02 Block(s): 122, 127
VTD: 0095 SMYRNA 1 VTD: 0096 SMYRNA 2 VTD: 0097 SMYRNA 3 VTD: 0098 SMYRNA 4 VTD: 0099 SMYRNA 5 VTD: OOA1 SMYRNA 6 (Part)
Tract: 0310.01 Block(s): 210, 216C, 216D, 228B
Tract: 0310.02 Block(s): 120A
Tract: 0310.03 Block(s): 110A, 112A
Tract: 0311.01 Block(s): 101A, 105, 106A, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 121A, 122A, 302, 303, 311, 312, 313, 314, 315
Tract: 0311.05 Block(s): 101, 102
Tract: 0311.08 Block(s): 303A, 304, 308, 310A, 319
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
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: 0016 DICKERSON VTD: 0019 DODGEN VTD: 0023 ELIZABETH 2 (Part) Tract: 0305.01 Block(s): 205, 206, 207, 208, 209, 210, 301B, 302, 303, 304, 305, 309, 310, 311, 409, 601B VTD: 0024 ELIZABETH 3 (Part)

FRIDAY, MARCH 20, 1992

1973

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: 0305.03 Block(s): 302B, 302D, 303, 304, 305, 306, 401, 402B, 404, 405, 406B
VTD: 0026 ELIZABETH 5 AND SEWELL MILL 1 VTD: 0033 FULLERS 1 AND FULLERS 2 (Part)
Tract: 0304.01 Block(s): 907B, 908, 920B, 920C
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: 0062 MARIETTA 6 (Part)
Tract: 0304.01 Block(s): 906A, 907A, 920A, 920D
Tract: 0305.03 Block(s): 302A, 402A, 403, 406A, 501A, 502B, 503A
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: 0093 SEWELL MILL 3 AND SEWELL MILL 4 (Part)
Tract: 0304.01 Block(s): 203, 204, 205, 206, 207, 208, 920E
Tract: 0305.03 Block(s): 201, 202B, 203, 204, 205B, 206, 501B, 502C, 503B, 503C, 504, 505, 506, 507, 508
VTD: OOB3 CRITTERS 8 VTD: OOB4 CRITTERS 11 VTD: OOB5 CRITTERS 10 VTD: OOB7 CRITTERS 9
Commissioner District: 4
COBB COUNTY VTD: 0002 AUSTELL VTD: 0009 BIRNEY 1 VTD: 0015 CLARKDALE VTD: 0018 DOBBINS 2 (Part) Tract: 0304.04 Block(s): 101E Tract: 0304.06 Block(s): 101C, 101D, 101E, 101F, 101G, 102B, 301B, 301C, 401C, 401E Tract: 0308. Block(s): 208, 209C, 209D, 215B, 312B, 312C, 318B

1974

JOURNAL OF THE SENATE

Tract: 0310.01 Block(s): 901, 902, 903, 904, 905, 906, 907A, 907B, 908B, 909A, 909B, 910E, 910F, 910G, 910H, 910J, 910K, 910L, 910M, 910N, 910P, 913, 914, 915A, 915B, 915C, 915D, 916, 917, 918, 919A, 919B, 920, 921, 922, 923, 924A, 924B, 924C, 925B
Tract: 0311.08 Block(s): 202B, 209B, 301, 302, 303B, 305, 306, 307, 309, 310B, 311, 312, 313B, 313C, 316, 317, 318, 320B, 321B, 322, 404B, 405C
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: 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 VTD: 0057 MARIETTA 1 VTD: 0070 MT. HARMONY VTD: 0071 NORTON PARK 1 (Part)
Tract: 0311.05 Block(s): 105B, 112, 116D, 116F, 116G, 117, 118, 124B, 126B, 126C, 127, 128B, 129, 130C, 132, 135C, 136C, 601, 602, 603, 604, 615, 620, 621, 623, 624, 625
Tract: 0311.06 Block(s): 409, 410
Tract: 0311.07 Block(s): 404, 405, 406, 407, 408, 411, 413, 414, 415, 419, 420, 422
VTD: 0072 NORTON PARK 2 (Part) Tract: 0311.05 Block(s): 113, 114, 131, 134, 139C, 605, 606, 607, 608, 609B, 610, 611, 612, 613, 614, 616, 617, 618, 619, 622, 627 Tract: 0311.06 Block(s): 412 Tract: 0311.07 Block(s): 315B, 401B, 402, 403, 409A, 409C, 409D, 410, 416B, 417, 418B, 421B
VTD: 0074 OAKDALE 2 (Part) Tract: 0311.07 Block(s): 306D Tract: 0312.02 Block(s): 320, 321, 322, 323, 324B, 326, 328, 331B, 613C
VTD: 0076 OREGON 2 VTD: 0080 PEBBLEBROOK VTD: 0089 POWDER SPRINGS VTD: OOA1 SMYRNA 6 (Part)
Tract: 0310.03 Block(s): 113A
VTD: OOA6 SWEETWATER 1 VTD: OOA7 SWEETWATER 2 VTD: OOA8 SWEETWATER 3 VTD: OOC2 BIRNEY 2

FRIDAY, MARCH 20, 1992

1975

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
(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 Section 8 and inserting in lieu thereof a new Section 8 to read as follows:
"Section 8. Compensation. Commissioners, other than the chairman, shall be paid as 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 $85,000.00 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; and
(2) Travel and lodging expenses and fees incurred in conjunction with training semi nars, conventions, or county business conducted outside of Cobb County.
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 regularly 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.
On and after January 1, 1991, any increase in the compensation of a commissioner or the chairman which was in effect on the date the commissioner or chairman assumed the duties of office shall not be applicable to or payable to such commissioner or chairman until that person has served two years of that term of office."

1976

JOURNAL OF THE SENATE

Section 5. 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. (a) 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, and shall appoint the heads of the departments of the county government with the consent of the commissioners.
(b) The chairman shall be the administrative head of the county government. He shall be responsible to the board of commissioners for the proper and efficient administration of all affairs of the county, except as otherwise provided by resolution of the board of commis sioners or except as otherwise provided by law. It shall be the duty of the chairman to:
(1) See that all laws and ordinances of the county are enforced;
(2) Exercise control over all departments or divisions of the county which the board or chairman of the board has heretofore exercised or that may hereafter be created, except as otherwise provided in this Act;
(3) Keep the board of commissioners fully advised as to the financial condition and needs of the county;
(4) Be responsible for the supervision and direction of the official conduct of all board appointed county officers and department heads, except as may be otherwise provided in this Act;
(5) Be responsible for the supervision of the performance of all contracts made by any person for work done for Cobb County and to supervise and regulate all purchases of mater ials and supplies for Cobb County within such limitations and under such rules and regula tions as may be imposed by the board of commissioners, provided that the chairman is authorized to make purchases and contracts for the county in amounts not exceeding $2,500.00;
(6) Confer and advise with all other elected or appointed officials of Cobb County who are not under the immediate control of the board of commissioners but who receive financial support from said board; and
(7) Devote his entire time to the duties and affairs of his office and hold no other office or employment for remuneration while so engaged."
Section 6. Said Act is further amended by striking subsections (a), (b), and (c) of Sec tion 10B in their entirety and inserting in lieu thereof new subsections (a) and (b) to read as follows:
"(a) The board of commissioners, by resolution, may create the office of county manager of Cobb County who shall be appointed by the chairman with the consent of the commis sioners. The qualifications, term of office, duties and responsibilities, compensation, proce dure for removal or suspension, method of filling vacancies, and other related matters per taining to the office of county manager shall be provided for by resolution of the board of commissioners of Cobb County and upon approval by the chairman.
(b) In his or her discretion, the chairman of the board of commissioners of Cobb County, with the approval of the commission, 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 chairman of the board of commissioners may re quire any person appointed to the office of county manager to hold a bachelor's degree in business administration, accounting, finance, or related fields and possess at least three 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 require any person appointed to the office of county manager to hold a master's degree in any of the aforementioned fields and possess

FRIDAY, MARCH 20, 1992

1977

at least two years' experience as a county or city manager or as an assistant county or city manager."
Section 7. Said Act is further amended by striking Section 13 in its entirety and in serting in lieu thereof the following:
"Section 13. Appointment of county officials and employees, (a) The chairman shall have authority to appoint and fix the compensation of the appointive officers and employees of Cobb County subject to the following limitations and requirements:
(1) The person appointed as an officer or employee shall have the qualifications that the office or position calls for when so specified in this Act;
(2) The compensation fixed by the chairman, subject to approval or rejection by a ma jority of the board of commissioners in each and every case, shall be within budgetary provisions;
(3) All appointments shall be in accordance with the civil service merit system laws of Cobb County, which may now be in force or which may be adopted, when such laws are applicable to such appointments; and
(4) The county attorney and county physician shall be appointed by the board of com missioners, and their compensation shall be fixed by the board of commissioners.
(b) The commission, by majority vote, which majority may be the chairman and any two members or may be any three members of the commission, may remove from office or employment any department head of Cobb County, provided the removal of such depart ment head is not otherwise provided for by the civil service merit system laws of Cobb County which may now be in force or which may be adopted. At any time, the chairman may discharge a department head; any department head so discharged may appeal for just cause to the board of commissioners. The board of commissioners may, by majority vote, which majority may be the chairman and any two members of the commission or may be any three members of the commission, grant or reject any appeal for just cause. Failure to grant an appeal shall constitute discharge of the department head.
(c) The provisions of subsections (a) and (b) of this section shall not be construed to apply to members of boards and commissions, and positions of employment in connection therewith, when such boards and commissions were created by law, nor to the elective county officers of Cobb County and employees under their supervision and control.
(d) It is specifically provided that the elective county officers of Cobb County shall have the sole authority to appoint the personnel employed within their respective offices, subject to the civil service and merit system laws of Cobb County, which may now be in force or which may be adopted, when applicable to such personnel, but the commission, by majority vote, which majority may be the chairman and any two members or may be any three mem bers of the commission, shall have the authority to approve or reject the salary recom mended for each such employee."
Section 8. 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

Bishop

1978

JOURNAL OF THE SENATE

Bowen Burton
Clay Collins Dawkins e*n. Egc,hols English
Foster Garner Gillis Hammill Harris

Henson Hill
Hooks Huggins Johnson Kidd ,M,arab,,le Newbill
Perdue Perry Phillips Pollard Ragan of 10th

Ragan of 32nd Ramsey
Ray Robinson Starr Tate _T,ayl,or Thompson
Timmons Turner Tysinger Walker of 22nd Walker of 43rd

Those not voting were Senators:

Alien Broun of 46th Brown of 26th Coleman
Deal (presiding)

Egan Hast
Langford Moye

Scott Shumake
Stemberg White

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 1672, having received the requisite constitutional majority, were passed.

HB 1672, having received the requisite constitutional majority, was passed by substitute.

Senator Clay of the 37th moved that HB 1672 be immediately transmitted to the House.

On the motion, the yeas were 31, nays 0; the motion prevailed, and HB 1672 was imme diately transmitted to the House.

The following uncontested population bills of the House, favorably reported by the committee as listed on the SENATE GENERAL CONSENT CALENDAR FOR POPULA TION BILLS, were put upon their passage:

SENATE GENERAL CONSENT CALENDAR FOR POPULATION BILLS Friday, March 20, 1992
THIRTY-FIFTH LEGISLATIVE DAY

HB 1114 Moye, 34th Langford, 35th Scott, 36th Tate, 38th Egan, 40th Newbill, 56th

Burton, 5th Tysinger, 41st Steinberg, 42nd Walker, 43rd Henson, 55th DEKALB COUNTY

FRIDAY, MARCH 20, 1992

1979

FULTON COUNTY

Ragan, 32nd Thompson, 33rd Clay, 37th Newbill, 56th COBB COUNTY

A bill to amend Code Section 48-5-311 of the Official Code of Georgia Anno tated, relating to the creation of county boards of equalization, so as to au thorize the creation of additional boards of equalization in each county of this state having a certain population.

HB 1117 Coleman, 1st Alien, 2nd Hammill, 3rd CHATHAM COUNTY
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
Ragan, 32nd Thompson, 33rd Clay, 37th Newbill, 56th COBB COUNTY

A bill to amend Code Section 48-5-311 of the Official Code of Georgia Anno tated, relating to the creation of county boards of equalization, so as to repeal certain provisions authorizing any county of this state having a certain popu lation, to have additional boards of equalization.

HB 1118 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 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 con ducted in the manner specified by general law.

HB 1816 Moye, 34th Langford, 35th Scott, 36th Tate, 38th Egan, 40th Newbill, 56th FULTON COUNTY

Perdue, 18th HOUSTON COUNTY

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 provi sions relating to utilization of the courthouse or courthouse annex in certain counties as a registrar's office or place of registration for the purpose of re ceiving absentee ballots; to change certain population brackets.

1980

JOURNAL OF THE SENATE

HB 1858 Hooks, 14th SUMTER COUNTY

White, 48th BARROW COUNTY

Ray, 19th COFFEE COUNTY
A bill to repeal an Act providing for the compensation of the chairman and members of the board of commissioners of each county of this state having a certain population.

HB 1879 Garner, 30th CARROLL COUNTY
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 * ' Huggins, 53rd Ramsey, 54th CATOOSA COUNTY
Ramsey, 54th CHATTOOGA COUNTY
Huggins, 53rd DADE COUNTY
Huggins, 53rd WALKER COUNTY
Hill, 4th TATTNALL COUNTY
Deal, 49th Newbill, 56th FORSYTH COUNTY
Hammill, 3rd Hill, 4th BRYAN COUNTY

Collins, 17th BUTTS COUNTY
Collins, 17th HENRY COUNTY
Harris, 27th LAMAR COUNTY
Harris, 27th MONROE COUNTY
Foster, 50th DAWSON COUNTY
Deal, 49th HALL COUNTY
Foster, 50th LUMPKIN COUNTY
Kidd, 25th HANCOCK COUNTY

Hill, 4th EVANS COUNTY

Kidd, 25th JASPER COUNTY

Foster, 50th WHITE COUNTY

Pollard, 24th JONES COUNTY

Kidd, 25th BALDWIN COUNTY

Kidd, 25th MORGAN COUNTY

Pollard, 24th GREENE COUNTY

Kidd, 25th PUTNAM COUNTY

Hammill 3rd LIBERTY COUNTY

Kidd, 25th WILKINSON COUNTY

Hill, 4th LONG COUNTY

Broun, 46th CLARKE COUNTY

FRIDAY, MARCH 20, 1992

1981

Hammill, 3rd MACINTOSH COUNTY

Broun, 46th OCONEE COUNTY

Clay, 37th Hasty, 51st CHEROKEE COUNTY
A bill to repeal an Act entitled "An Act to provide for a supplemental ex pense allowance for the judges of the superior courts of each judicial circuit within this State having a certain population".

THE FOLLOWING OBJECTIONS WERE RECORDED: HB 1909**

Senators Ramsey of the 54th, Huggins of the 53rd and Robinson of the 16th requested, as provided for in Senate Rule 111, that HB 1909 be removed from the SENATE GEN ERAL CONSENT CALENDAR FOR POPULATION BILLS and placed at the top of the Senate Rules Calendar for today.

The substitute to the following bill was put upon its adoption:

HB 1114:

Senators Steinberg of the 42nd and others offered the following substitute to HB 1114:

A BILL
To be entitled an Act 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; to provide for requirements, conditions, and limitations to the entering into of certain contracts with respect to the assessment, evaluation, and revaluation of ad valorem taxes by certain municipal corporations which lie in two or more counties of this state and in which the majority of the population of such municipal corporation resides within any 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 provide for a contingent effective date; to provide for automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 48-5-311 of the Official Code of Georgia Annotated, relating to the creation of county boards of equalization, is amended by striking paragraph (3) of sub section (a) which reads as follows:
"(3) Reserved.",
and inserting in its place new paragraphs (3) and (4) to read as follows:
"(3) Notwithstanding any provision of this subsection to the contrary, in any 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, the governing authority of the county, by appro priate resolution adopted on or before November 1 of each year, may elect to have selected one additional county board of equalization for each 10,000 parcels of real property in the county or for any part of a number of parcels in the county exceeding 10,000 parcels. In addition to the foregoing, any two members of a county board of equalization of the county may decide an appeal from an assessment, notwithstanding any other provisions of this Code section. The decision shall be in writing and signed by at least two members of the board of equalization; and, except for the number of members necessary to decide an ap peal, the decision shall conform to the requirements of this Code section.

1982

JOURNAL OF THE SENATE

(4) (A) (i) Until December 31, 1996, any municipal corporation which lies in two or more counties of this state and in which the majority of the population of such municipal corporation resides within any 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 and which has an independent school system coextensive with its boundaries shall contract with the county in which the majority of the population of such municipal corporation resides to provide for the assessment, evaluation, and revaluation of ad valorem taxes on property which lies in any portion of such municipal corporation located in a county other than the contracting county and to provide for the contracting county to process, hear, and dispose of all administrative appeals of property tax assessments relating to such property.
(ii) On and after January 1, 1997, any municipal corporation which lies in two or more counties of this state and in which the majority of the population of such municipal corpora tion resides within any 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 and which has an independent school system coextensive with its boundaries may contract with the county in which the majority of the population of such municipal corporation resides to provide for the assessment, evaluation, and revaluation of ad valorem taxes on property which lies in any portion of such municipal corporation located in a county other than the contracting county and to provide for the contracting county to process, hear, and dispose of all admin istrative appeals of property tax assessments relating to such property.
(B) Any municipal corporation which enters into any contract under division (i) or (ii) of subparagraph (A) of this paragraph shall obligate itself by such contract to reimburse the contracting county for the actual costs incurred by such county for providing the services described in division (i) or (ii) of subparagraph (A) of this paragraph."
Section 2. This Act shall become effective on July 1, 1992; provided, however, that this Act shall only become effective if HB 1117, relating to the repeal of certain provisions au thorizing any county in 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 is passed, becomes law, and becomes effec tive on or before June 30, 1992; otherwise, this Act shall be void and shall be automatically repealed on 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 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 by substitute.

On the passage of all the bills on the SENATE GENERAL CONSENT CALENDAR FOR POPULATION BILLS, except HB 1909, 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 Garner Gillis Hammill Harris Hasty

Henson Hill Hooks Huggins Johnson Kidd Marable Moye Newbill Perdue

FRIDAY, MARCH 20, 1992

1983

Perry Phillips DRagUaanrdotf m10^tuh Ragan of 32nd Ramsey

Robinson Starr Tate Taylor Thompson

Turner Tysinger Walker of 22nd Walker of 43rd White

Those not voting were Senators:

Alien Brown of 26th Deal (presiding) Edge

Langford Ray Scott

Shumake Steinberg Timmons

On the passage of all the population bills, except HB 1909, the yeas were 46, nays 0.

All the bills on the SENATE GENERAL CONSENT CALENDAR FOR POPULA TION BILLS, except HB 1114 and HB 1909, having received the requisite constitutional majority, were passed.

HB 1114, having received the requisite constitutional majority, was passed by substitute.

HB 1909, pursuant to Senate Rule 111, was moved to the top of the Senate Rules Cal endar for today.

SENATE RULES CALENDAR
Friday, March 20, 1992
THIRTY-FIFTH LEGISLATIVE DAY
HB 1909 Superior Court Judge of Certain Judicial Circuit--repeal expense supplement (U&CA G--54th)
HR 840 Indigent Care Trust Fund--revenues from certain sources (F&PU--45th) HB 1595 County Tax Digests--three year evaluation cycle (Amendment) (F&PU--44th)
HB 1580 Podiatry--certain undertakings constitute practice (Gov Op--25th) HB 1750 Revenue Bonds--fee to person for services financed by bonds (F&PU--30th) HB 1566 Barber Regulation--delete certain provisions on students (H&HS--22nd) HB 1447 Bicycle Riders--local government require paths, certain conditions
(Trans--42nd) HB 1931 Quality Basic Education Act--Youth Apprenticeship Program for certain pupils
(Amendments) (Ed--10th) HB 1666 Life Insurance Proceeds--interest paid from time claim filed (Amendment)
(I&L--41st) HB 1362 Court Services--counties contract with cities (Judy--40th) HR 831 Tattnall County--easement over certain state property (F&PU--4th) HB 1680 Regional Development Center Employee--prohibit doing business with center
(Substitute) (Gov Op--12th) SR 406 Senate Study Committee on Noncertificated School Personnel--create
(Rules--38th) HB 1286 Freeport Exemption--conditions, limitations on qualifications (Substitute)
(F&PU--30th)

1984

JOURNAL OF THE SENATE

HB 1519 Paternity Determination--guardian ad litem and blood test admissibility (Sub stitute) (Judy--42nd)
HB 1462 Drivers' Licenses--suspend for fraudulent application (Pub S--17th) HB 113 Local Annexing Bills--copy to governing authority (Substitute)
(U&CA G--27th) HB 1211 Municipal Courts--dispose of criminal trespass violations (S Judy--28th) HB 1275 Drivers' Licenses--driver improvement program in lieu of points for violations
(Judy--2nd) HR 933 Veterans Memorial Parkway--designate (Trans--21st) HB 1572 Board of Examiners of Psychologists--continue (H&HS--22nd) HB 1904 Highway Loads Over Twelve Feet Wide--circumstances to prohibit permit
(Trans--1st) HR 946 Edward C. Moses Highway--designate (Trans--20th) HB 1270 Service of Complaint Relation to Unfit Structures--nonresidents (S Judy--28th) HB 1265 Equines--provide for humane care (Ag--21st) HB 1618 Mclntosh County Superior Court--two terms per year (S Judy--3rd) HB 213 Mental Health Hearing for Out-Of-State Patient--expense reimbursement (Sub
stitute) (S Judy--55th) HB 1386 Solid Waste Management--additional powers of Board of Natural Resources
(Substitute) (Amendment) (Nat R--40th)
Respectfully submitted, /s/ Nathan Dean of the 31st, Chairman
Senate Rules Committee
The following general population bill of the House, having been favorably reported by the committee and, pursuant to Senate Rule 111, placed at the top of the Senate Rules Calendar for today, was read the third time and put upon its passage:
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 fu ture such census".
Senator Ramsey of the 54th moved that HB 1909 be postponed until the next legisla tive day.
On the motion, the yeas were 30, nays 0; the motion prevailed, and HB 1909 was post poned until the next legislative day.
The following general resolution of the House, having been withdrawn from the Senate Committee on Health and Human Services on March 5 and committed to the Senate Com mittee on Finance and Public Utilities, and favorably reported by the committee, was read the third time and put upon its adoption:
HR 840. By Representatives Porter of the 119th, Jamieson of the llth, Baker of the 51st and others:
Senate Sponsor: Senator Dawkins of the 45th.

FRIDAY, MARCH 20, 1992

1985

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 raised from specified sources for the purposes of the fund into an Indigent Care Trust Fund; to provide that moneys in the fund shall be exclusively used for primary health care programs for medically indigent citizens and children, for expansion of Medicaid eligibility and services, or for pro grams to support rural and other health care providers who disproportionately serve the medically indigent; to provide that contributions and revenues deposited to 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 striking subparagraph (i) and inserting in lieu thereof a new subparagraph (i) to read as follows:

"(i) The General Assembly is authorized to provide by general law for the creation of an Indigent Care Trust Fund. Any hospital, hospital authority, county, or municipality is au thorized to contribute or transfer moneys to the fund and any other person or entity speci fied by the General Assembly may also contribute to the fund. The General Assembly may provide by general law for the dedication and deposit of revenues raised from specified sources for the purposes of the fund into the fund. Moneys in the fund shall be exclusively appropriated to expand used for primary health care programs for medically indigent citi zens and children of this state, for expansion of Medicaid eligibility to persons and for ser vices, or which would otherwise not be eligible for Medicaid coverage to provide for indigent care with programs to support fof rural and disproportionate indigent care providers, and other health care providers, primarily hospitals, who disproportionately serve the medically indigent, primary care health programs for indigent citizens of thia Stater Any other appro priation from the Indigent Care Trust Fund shall be void. Contributions and revenues de posited to the fund shall not lapse and shall not be subject to the limitations of subpara graph (a) of this Paragraph or of Article VII, Section III, Paragraph II. Moneys Contributions in the fund which are not appropriated as required by this subparagraph shall be refunded pro rata to the contributors thereof, as provided by the General Assembly."

Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution.

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

"[ ] YES [ ] NO

Shall the Constitution be amended so as to authorize the General Assembly to provide by general law for the dedication and deposit of revenues raised from specified sources for the purposes of the fund into an Indigent Care Trust Fund; to provide that moneys in the fund shall be exclusively used for primary health care programs for medically indigent citizens and children, for expansion of Medicaid eligibility and services, or for programs to sup port rural and other health care providers who disproportionately serve the medically indigent; and to provide that contributions and revenues depos ited to the fund shall not lapse?"

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.

1986

JOURNAL OF THE SENATE

On the resolution proposing an amendment to the Constitution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Baldwin Bishop Bowen Broun of 46th Brown of 26th
Burton
pCCooillleLimns.ann Dawkins Echols Edge Egan English Foster

Garner Gillis
Hammill Harris Hasty Hengon
Hill
Hook8 Huggms Johnson Kidd Marable Moye Newbill Perdue

Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey
Robinson
SStteamr. rberg Tate Thompson Timmons Turner Tysinger White

Those not voting were Senators:

Alien Deal (presiding) Dean Langford

Ray Scott Shumake

Taylor Walker of 22nd Walker of 43rd

On the adoption of the resolution, the yeas were 46, nays 0.

The resolution, having received the requisite two-thirds 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 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.
Senate Sponsor: Senator Starr of the 44th.

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

Amend HB 1595 by inserting "(1)" immediately following "(a)" on line 31 of page 7.
By inserting "digest review" immediately following "preceding" on line 32 of page 7.
By inserting "digest review" immediately following "subsequent" on line 1 of page 8.
By inserting between lines 24 and 25 of page 8 the following:
"(2) In addition to the withholding of state grant funds specified in this Code section, a specific penalty is levied which shall be $5.00 per taxable parcel of real property located in the county as of January 1 of the year in which the penalty is levied and it shall be paid by the governing authority of the county to the commissioner."

FRIDAY, MARCH 20, 1992

1987

By inserting "digest" immediately following "subsequent" on line 10 of page 9.

On the adoption of the amendment, the yeas were 25, nays 5, and the amendment was adopted.

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

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

Those voting in the affirmative were Senators:

Albert Baldwin Bishop Broun 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 Newbill Perdue Perry

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

Those not voting were Senators:

Alien Bowen Deal (presiding) Hammill

Langford Moye Ray Scott

Shumake Steinberg 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.

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.
Senate Sponsor: Senator Kidd of the 25th.

Senator Egan of the 40th offered the following amendment:

Amend HB 1580 by adding "or her" after "his" on line 49.

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:

1988

JOURNAL OF THE SENATE

Those voting in the affirmative were Senators:

Albert Alien Baldwin Bishop Broun of 46th Brown of 26th Burton Clay Coleman Collins Dawkins Dean Echols Edge Egan English

Gillis Harris Henson Hill Hooks Huggins Johnson Kidd 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 Deal (presiding) Foster Garner

Hammill Hasty Langford

Scott Shumake Steinberg

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

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

HB 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.
Senate Sponsor: Senator Garner of the 30th.

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

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

Those voting in the affirmative were Senators:

Albert Alien Baldwin Bishop 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 Marable Moye Newbill Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd

FRIDAY, MARCH 20, 1992

1989

Ramsey Ray Robinson Scott

Starr Tate Thompson Timmons

Turner Tysinger Walker of 43rd White

Those not voting were Senators:

Bowen Deal (presiding) Kidd

Langford Shumake Steinberg

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.

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.
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
urton ^CCoo,llyleimnsan Dawkins )ean Echols Edge Egan English Foster

Garner Gillis Hammill Harris
Hasty Henson
Hill H,,"ou^oksms Johnson Marable MVe Newbill Perdue Perry Phillips

Pollard Ragan of 32nd Ramsey Ray
Robinson Starr
Steinberg T,,T,aaytel. or Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White

Those not voting were Senators:

Broun of 46th Deal (presiding) Kidd

Langford Ragan of 10th

Scott Shumake

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

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

The President assumed the Chair.

1990

JOURNAL OF THE SENATE

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.
Senate Sponsor: Senator Steinberg of the 42nd.

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

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

Those voting in the affirmative were Senators:

Albert Alien Baldwin Bishop Bowen Brown of 26th Burton Clay Coleman Collins Dawkins Deal Dean Echols Edge Egan English

Foster 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
Steinberg T,,,i*atyel, or Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White

Those not voting were Senators:

Broun of 46th Garner

Gillis Kidd

Langford Shumake

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

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

HB 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.
Senate Sponsor: Senator Ragan of the 10th.

The Senate Committee on Education offered the following amendment:

Amend HB 1931 by striking lines 19 through 21 of page 2 and inserting the following: "(2) A specific number of classroom hours of related academic instruction and training; (3) A specific number of hours of on-the-job".

FRIDAY, MARCH 20, 1992

1991

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

Senators Collins of the 17th, Newbill of the 56th and eight others offered the following amendment:

Amend HB 1931 by adding between lines 11 and 12 of page 3 the following:
"(b) As a condition of eligibility for funds received under Article 5 of Chapter 4 of Title 49, a dependent child age 16 years or over shall be a participant in the Youth Apprentice ship Program as described in subsection (a) of this Code section if not in full-time attend ance at a public school or private school or enrolled in a home study program except for one of the following reasons:
(1) The child has been graduated from a public or private high school or home study program or obtained a general educational development equivalency diploma from a state approved institution or organization; or
(2) The child is excused from attending school due to circumstances beyond his or her control.
(c) The county department of family and children services or its agent may require consent to the release of school enrollment and attendance records, including official confor mation of enrollment in the Youth Apprenticeship Program, as a condition of eligibility for assistance under this article.
(d) The school superintendent of each school system shall be authorized to provide documentation of enrollment status and attendance records upon request to the county of fice of the department of family and children services for the county in which that depen dent child resides. The school superintendent shall provide any child with documentation to present to the county department to excuse such a child pursuant to the provisions of paragraphs (1) and (2) of subsection (b) of this Code section.
(e) Assistance denied to or on behalf of a dependent child pursuant to this Code section shall be reinstated upon presentation to the county department of family and children ser vices or their agent of documented proof of compliance with the provisions of this Code section.
(f) The department shall request a waiver from the secretary of the federal Department of Health and Human Services to permit the department to implement the school attend ance requirements of this Code section. The provisions of this Code section shall not apply unless the federal waiver is in effect. If a waiver is received, the department shall implement this Code section beginning with the fall 1996 school term or on the date the waiver is effective, whichever is later."
By striking on line 12 of page 3 the letter "(b)" and inserting "(g)" in its place.

On the adoption of the amendment, the yeas were 32, nays 9, 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

1992

JOURNAL OF THE SENATE

Deal Dean Echols Edge Egan English FGoilslties r Hammill
Harris
Hasty Henson Hill
Hooks

Huggins Johnson Langford Marable Moye Newbill PPeerrdryue Phillips
Pollard
Ragan of 10th Ragan of 32nd Ramsey
Ray

Robinson Scott Stair Steinberg Tate
T_T,ahyolmorpson Timmons Turner
Tysinger Walker of 22nd Walker of 43rd White

Those not voting were Senators:

Garner

Kidd

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.

Senator Turner of the 8th introduced the doctor of the day, Dr. Mark Eanes, of Valdosta, Georgia.

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

SB 144. By Senators Walker of the 22nd, Walker of the 43rd and Alien of the 2nd:
A bill to amend Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to state purchasing, so as to provide for legislative intent; to provide definitions; to require minority business enterprises to be certified by the Department of Administrative Services before bidding on state contracts; to pro vide the requirements for certification as a minority business enterprise.

The House substitute to SB 144 was as follows:

A BILL
To be entitled an Act to amend Article 5 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions concerning communication services, so as to enact the "Georgia Distance Learning and Telemedicine Act of 1992"; to authorize and direct the Department of Administrative Services to develop a state-wide distance learning and telemedicine network; to create a procedure for funding of new distance learning sys tems and telemedicine systems in Georgia; to create the Distance Learning and Telemedicine Network Governing Board and to set forth criteria for it to award the funds remaining in the Universal Service Fund as of the effective date of this Act to qualified parties for the sole purpose of creating a state-wide distance learning and telemedicine net work to enhance educational opportunities and the quality of medical care in Georgia; to designate the Department of Administrative Services as the sole administrator of the Uni versal Service Fund as of the effective date of this Act; to provide for use of a portion of the Universal Service Fund for designated purposes by the Public Service Commission for a limited period; to amend Chapter 2 of Title 46 of the Official Code of Georgia Annotated, relating to the Public Service Commission, so as to provide for 16 mile toll free telephone calling, modification of existing rate schedules, methods of funding, and rate-making powers

FRIDAY, MARCH 20, 1992

1993

of the Public Service Commission; to provide for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 5 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions concerning communication services, is amended by adding a new Part 3 to read as follows:
"Part 3
50-5-190. This part shall be known and may be cited as the 'Georgia Distance Learning and Telemedicine Act of 1992.'
50-5-191. (a) The General Assembly finds and declares that it is in the public interest to provide appropriate means for the continued development and enhancement of educational opportunities and medical care throughout the State of Georgia through the use of audio and video systems employing interactive technology. Systems which would make this con cept a reality are technologically feasible, but they have not been constructed in Georgia. Such systems are in the public interest. If deployed state wide and linked with other net works on a national or international basis, they would permit students interactive access to a greater variety of instruction, thus enhancing educational quality throughout Georgia, and they would improve the delivery of medical care to all areas of Georgia.
(b) It is the intention and purpose of the General Assembly that a state-wide distance learning and telemedicine network be developed whereby educational quality throughout the state will be enhanced and delivery of medical care to all areas of the state will be improved. It is the further intention of the General Assembly that there be a method of funding the state-wide network from the Universal Service Fund through a newly created Distance Learning and Telemedicine Network Governing Board, and that the Department of Administrative Services be the sole administrator of the Universal Service Fund for such purposes.
50-5-192. As used in this part, the term:
(1) 'Costs' means the reasonable and customary charges for goods and services incurred or to be incurred in the establishment of a state-wide distance learning and telemedicine network with the exception of charges from a transport provider, or network provider for the provision of equipment or facilities which are multiple use. The charges for such multi ple use facilities must be prorated by the Department of Administrative Services.
(2) 'Distance learning' means an interactive telecommunications system that utilizes au dio, video, and other appropriate elements and is compatible with other distance learning networks and that is used for the purpose of enhancing instructional opportunities in Geor gia schools.
(3) 'Governing board' means the Distance Learning and Telemedicine Network Gov erning Board.
(4) 'Medical facilities' means any fully licensed and accredited, publicly funded medical care providers that furnish either inpatient or outpatient services. Research facilities are specifically excluded.
(5) 'School' means any accredited public institution providing instruction at levels K-12 or any accredited public postsecondary institution.
(6) 'Telemedicine' means an interactive telecommunications system that utilizes audio, video, and other appropriate elements and is compatible with other telemedicine networks and that is used for the purpose of enhancing the delivery of medical care to medical facili ties throughout Georgia.
(7) 'Universal Service Fund' means that fund which was created by the Public Service Commission in Public Service Commission Docket No. 3905-U and 3921-U, and which is also known as the Economic Development Fund.

1994

JOURNAL OF THE SENATE

50-5-193. The Department of Administrative Services is authorized and directed to de velop, as a part of the state-wide telecommunication system provided for in Part 1 of this article, a plan, which must be approved by the governing board, for a consolidated, inte grated, state-wide shared use distance learning and telemedicine network and to implement same at the earliest possible time. The department shall be responsible for the management and administration of the consolidated state-wide network and shall provide all the distance learning and telemedicine service requirements of the schools and medical facilities whose applications are approved by the governing board.
50-5-194. The provisions of Part 1 of this article, the 'Telecommunications Consolida tion Act of 1973,' shall apply to this part.
50-5-195. The Department of Administrative Services is authorized to withdraw funds from the Universal Service Fund for the purchase, lease, or other forms of acquisition of the common components, network facilities, and other commonly shared items of the state-wide distance learning and telemedicine network infrastructure and for the payment of all sala ries, wages, or any other costs incidental to the planning and provision of the state-wide, shared use network as approved by the governing board.
505-5-196. (a) There is established a Distance Learning and Telemedicine Network Governing Board.
(b) The governing board shall consist of nine members and shall be comprised of the following: The commissioner of the Department of Administrative Services, the director of the Office of Planning and Budget, the State School Superintendent, the commissioner of the Department of Technical and Adult Education, the executive director of the Georgia Public Telecommunications Commission, a member of the Public Service Commission to be appointed by the Governor, a member of the House of Representatives to be appointed by the Speaker of the House of Representatives, a member of the Senate to be appointed by the President of the Senate, and the Chancellor of the Board of Regents, or their appointed representatives. The commissioner of the Department of Administrative Services shall serve as the chairperson of the governing board. The governing board shall elect from its members such other officers as are considered necessary to serve terms of one year each; provided, however, no person shall hold the same office for more than two consecutive terms.
(c) It shall be the function of the governing board and the governing board shall have the power, duty, and authority to set policies, review applications, and award funding for the state-wide distance learning and telemedicine network in accordance with Code Sections 50-5-198 and 50-5-199.
(d) The governing board shall hold meetings as often as it determines to do so. The governing board may establish a regular meeting schedule and a procedure for calling spe cial meetings. Unless the governing board establishes another procedure, the chair or any four members of the governing board may call a special meeting upon adequate written, personal, telephone, or facsimile notice to governing board members. Four members of the governing board shall constitute a quorum for conducting business, and a majority of those present at any meeting shall be required to approve any action taken by the governing board. A member must be present at a meeting to count for purposes of determining whether a quorum exists and to vote and otherwise act in matters which come before that meeting. The governing board may establish such additional rules and procedures as it deems appropriate for conducting its business from time to time. These rules and proce dures may be established in bylaws or in such other form as the governing board deems appropriate.
(e) Members of the governing board shall serve without compensation but, subject to fund availability, shall be reimbursed by the state department in which employed for all necessary expenses that may be incurred in the performance of their duties under this part in accordance with state travel regulations promulgated by the Office of Planning and Budget and the Department of Audits and Accounts in the same manner that employees of the state merit system are reimbursed.

FRIDAY, MARCH 20, 1992

1995

(f) The governing board shall prepare and submit annually to the Governor and the General Assembly a report detailing its activities and operations for the prior year, to in clude but not be limited to information as to the number of applications received, the iden tities of the applicants, the identities of those applicants awarded funding, and the respec tive award amounts.
50-5-197. On and after the effective date of this part, the Department of Administrative Services shall be sole administrator of the Universal Service Fund, with full power and au thority to distribute funds pursuant to the funding awards of the governing board and to otherwise administer the fund for and in accordance with the purposes of this part. The commissioner of the Department of Administrative Services shall reinvest the fund in the same manner as other funds under his control.
50-5-198. (a) Schools desiring to become a part of the state-wide distance learning net work shall make application to the governing board, which application shall contain:
(1) A statement of need; and
(2) A description of the proposed distance learning system for that school, which shall include projected equipment needs, projected network or transport needs, planned curricu lum, the number of students having access to the system, and all other associated needs, with an itemized cost statement for each element of the proposed system.
(b) Upon receipt of the application described in subsection (a) of this Code section, the governing board shall consider the application of the school and the cost statements attend ant thereto and shall make a determination regarding the merits of the application.
(c) In considering the merits of the application, the governing board shall consider:
(1) The number of students to be served by the proposed system;
(2) The geographic location of the applicant and whether the granting of the applica tion would contribute to the creation of a state-wide network;
(3) Whether the proposed curriculum meets a special need;
(4) The relative costs of the proposal in relationship to the relative benefit to the public interest; and
(5) Whether the system as proposed is technologically compatible with the preexisting distance learning network.
(d) Upon a determination that the application is meritorious, the governing board shall issue a finding that it will award funds sufficient to cover documented actual costs of con struction of the system to the applicant from the Universal Service Fund. The actual award of funds will occur upon completion of construction. Such documented actual costs may not include any capability not used for distance learning, and to the extent that facilities are used for distance learning as well as for other uses the documented actual costs will be prorated accordingly. Documentation of actual costs, which may include but shall not be limited to an affidavit of expenditures accompanied by supporting data, will be submitted to the Department of Administrative Services upon completion of construction for determina tion of the specific amount to be awarded.
(e) In addition to the award of actual costs described in subsection (d) of this Code section, the governing board may award sufficient funds to the applicant to cover 50 percent of documented recurring costs for a period of two years.
(f) The Department of Administrative Services, as administrator of the Universal Ser vice Fund, shall make distributions from the fund in accordance with the awards of the governing board under this part.
50-5-199. (a) Medical facilities desiring to become a part of the state-wide telemedicine network shall make application to the governing board, which application shall contain:
(1) A statement of need; and

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(2) A description of the proposed telemedicine system for that medical facility which shall include projected equipment needs, projected network or transport needs, planned uses and capabilities, the number of patients having access to the system, and all other associated needs, with an itemized cost statement for each element of the proposed system.
(b) Upon receipt of the application described in subsection (a) of this Code section, the governing board shall consider the application of the medical facility and the cost state ments attendant thereto and shall make a determination regarding the merits of the application.
(c) In considering the merits of the application, the governing board shall consider:
(1) The number of patients to be served by the proposed system;
(2) The geographic location of the applicant and whether the granting of the applica tion would contribute to the creation of a state-wide network;
(3) Whether the proposed capability meets a special need;
(4) The relative costs of the proposal in relationship to the relative benefit to the public interest; and
(5) Whether the system as proposed is technologically compatible with the preexisting telemedicine network.
(d) Upon a determination that the application is meritorious, the governing board shall issue a rinding that it will award funds sufficient to cover documented actual costs of con struction of the system to the applicant from the Universal Service Fund. The actual award of funds will occur upon completion of construction. Such documented actual costs may not include any capability not used for telemedicine, and to the extent that facilities are used for telemedicine as well as for other uses the documented actual costs will be prorated ac cordingly. Documentation of actual costs, which may include but shall not be limited to an affidavit of expenditures accompanied by supporting data, will be submitted to the Depart ment of Administrative Services upon completion of construction for determination of the specific amount to be awarded.
(e) In addition to the award of actual costs described in subsection (d) of this Code section, the governing board may award sufficient funds to the applicant to cover 50 percent of documented recurring costs for a period of two years.
(f) The Department of Administrative Services, as administrator of the Universal Ser vice Fund, shall make distributions from the fund in accordance with the awards of the governing board under this part.
50-5-200. (a) Except as further provided in subsection (b) of this Code section, all funds remaining in the Universal Service Fund as of the effective date of this part which are not used for qualifying hardship assistance filings shall be used solely for the purpose of funding awards by the governing board and the other distance learning and telemedicine purposes provided under this part. Qualifying hardship assistance filings are those hardship assis tance filings approved by the Public Service Commission pursuant to Public Service Com mission Docket No. 3921-U before the effective date of this part which result in payments to the successful applicant for a period not to exceed two years from the date of filing.
(b) For a period of two years after the effective date of this part, an amount not to exceed $23 million may be used from the Universal Service Fund for the purpose of offset ting transitional expenses and costs associated with the 16 mile calling radius as permitted under subsection (g) of Code Section 46-2-25.2. The Department of Administrative Services, as sole administrator of the Universal Service Fund, is authorized to make disbursements from the Universal Service Fund for such purposes upon proper certification of same by the Public Service Commission. Any portion of the $23 million not so disbursed by the Depart ment of Administrative Services for said purposes within two years after the effective date of this part shall become available solely for the purpose of funding awards by the governing board and the other distance learning and telemedicine purposes provided for in this part.

FRIDAY, MARCH 20, 1992

1997

50-5-201. Any applicant receiving funds awarded by the governing board under this part must use the funds solely for the approved purpose of payment for construction, equip ment, transport, recurring costs, and all other costs of establishing the system to the De partment of Administrative Services who provided goods and services used in establishing the system. Any funds not being used for the approved purpose must be returned to the Universal Service Fund.
50-5-202. The commissioner of the Department of Administrative Services may provide a means whereby private nonprofit schools and medical facilities may utilize and participate in the state-wide distance learning and telemedicine network upon such terms and under such conditions as the commissioner may establish; provided, however, such private non profit schools and medical facilities must bear the cost of such utilization and participation."
Section 2. Chapter 2 of Title 46 of the Official Code of Georgia Annotated, relating to the Public Service Commission, is amended by adding a new Code Section 46-2-25.2 to read as follows:
"46-2-25-2. (a) It is the goal of this Code section to provide for toll free calling between two telephones where the central offices serving such telephones are within 16 miles of each other.
(b) Except as provided in subsection (e) of this Code section, on and after July 1, 1992, the Public Service Commission shall not approve any new rate schedule which authorizes a long-distance charge for calls between two telephones where the central offices serving such telephones are within 16 miles of each other.
(c) Except as provided in subsection (e) of this Code section, on and after July 1, 1992, rate schedules approved by the Public Service Commission prior to July 1, 1992, shall be amended so as to reduce by one-half the long-distance charge for calls between two tele phones where the central offices serving such telephones are within 16 miles of each other.
(d) On or before July 1, 1993, the Public Service Commission shall conduct hearings and accept evidence and upon consideration of such evidence shall determine any further reductions in long-distance charges for calls between two telephones where the central of fices serving such telephones are within 16 miles of each other. Such determination shall consider the availability of funds and other revenue sources to affected companies to offset the costs associated with such further reductions.
(e) All rate schedules approved pursuant to this Code section may be modified at the discretion of the Public Service Commission upon a good and sufficient showing of geo graphic, economic, or technological infeasibility by a telephone company.
(f) All rate schedules approved pursuant to this Code section shall take into account the following:
(1) The reasonable cost of providing such service to customers of the telephone com pany throughout the entire service area of such telephone company and the increased value resulting from such expanded calling areas; and
(2) The reasonable rate of return on investment authorized in the rate schedule ap proved by the Public Service Commission for such telephone company.
(g) Any telephone company seeking to recover any portion of its expenses or lost toll revenues resulting from the implementation of the 16 mile toll free calling plan contained in this Code section shall demonstrate its financial hardship to the Public Service Commission before such recovery shall be allowed. It shall be within the discretion of the Public Service Commission to determine the methodology and source of recovery for any such affected telephone company. In determining the method of offsetting the costs associated with the 16 mile plan, the Public Service Commission shall first utilize any available earnings at the telephone companies seeking assistance in excess of those authorized in their respective tar iffs. Such methodology and source for offsetting costs shall include but not be limited to recovery from the Universal Service Fund as permitted under Code Section 50-5-200.

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JOURNAL OF THE SENATE

(h) Nothing in this Code section shall be interpreted as amending, modifying, or repeal ing Code Section 46-2-23, relating to the rate-making power of the Public Service Commis sion generally and special provisions concerning telecommunications companies."
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 Starr of the 44th moved that the Senate agree to the House substitute to SB 144.

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 Brown of 26th Burton Clay Coleman Collins Dawkins Deal Dean Echols Edge Egan Foster

Garner Gillis Hammill Harris Hasty Henson Hill Johnson 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

Broun of 46th English Hooks

Huggins Kidd

Langford Shumake

On the motion, the yeas were 49, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 144.

FRIDAY, MARCH 20, 1992

1999

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 1106. By Representatives Lee of the 72nd, Walker of the 115th, Watts of the 41st, Hanner of the 131st and Connell of the 87th: A resolution relative to adjournment.
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 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. Senate Sponsor: Senator Tysinger of the 41st.
The Senate Committee on Insurance and Labor offered the following amendment:
Amend HB 1666 by adding on line 4 of page 3 after "(e)" and before the word "For" the following:
"(1)".

By striking the quotation marks at the end of line 9 of page 3.
By adding between lines 9 and 10 of page 3 the following:
"(2) In cases of group life insurance, a claim shall be deemed to have been filed on the date that the insurer receives the information provided in paragraph (1) of this subsection and receives from the group policyholder written evidence of eligibility for coverage.'".

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

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

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

Those voting in the affirmative were Senators:

Albert Alien Baldwin 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 Langford Marable

2000

JOURNAL OF THE SENATE

Newbill Perdue
Phim s
Pollard8
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:

Hammill Kidd

Moye

Shumake

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

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

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.
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 Coleman Collins Dawkins Deal Dean Echols Edge Egan

English Foster Garner Gillis Harris Hasty Henson Hill Hooks Huggins Johnson Langford Marable Newbill Perdue Perry

Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Starr Steinberg Taylor Timmons Turner Walker of 22nd Walker of 43rd White

Those not voting were Senators:

Clay Hammill Kidd

Moye Shumake Tate

Thompson Tysinger

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

FRIDAY, MARCH 20, 1992

2001

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

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.
Senate Sponsor: Senator Hill of the 4th.

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 Brown of 26th
B,.urton CC~ olo!!llyleimnsan Dawkins jjea[ Dean Echols Edge Egan English

Foster Garner Gillis Harris
Hasty Henson
Hill Hu"oto8k8s" 18 Johnson Langford Marable Newbill Perdue Perry Phillips

Pollard Ragan of 10th Ragan of 32nd Ramsey
Robinson Scott
Starr TTS,taet*ienberg Taylor Timmons Turner Tysinger Walker of 22nd Walker of 43rd White

Those not voting were Senators:

Broun of 46th Hammill Kidd

Moye Ray

Shumake Thompson

On the adoption of the resolution, the yeas were 49, nays 0.

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

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.
Senate Sponsor: Senator Taylor of the 12th.

2002

JOURNAL OF THE SENATE

The Senate Committee on Governmental Operations offered the following substitute to HB 1680:
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 provide definitions; to restrict an employee, a board member, or an advisory committee member of a regional de velopment center or a nonprofit corporation created or controlled by such center from ser vice with entities contracting with the regional development center or nonprofit corporation; to prohibit an employee of a regional development center or nonprofit corporation, a family member of such employee, or a business in which such employee or family member holds a substantial interest from transacting business with the regional development center or non profit corporation; to provide for certain disclosures relative to loan transactions and the transaction of business with local governments; to provide that such disclosures shall be public records; to provide exceptions; to provide penalties; to provide for the development of systems for and procedures relative to competitive bidding by regional development centers; to provide for approval by the commissioner of Community Affairs; to provide annual re ports to the Board of Community Affairs; to provide that a director or chief administrative officer of a regional development center shall not actively or directly attempt to influence the election of members to the board of such regional development center; to authorize the adoption of personnel policies relative to disciplinary measures for noncompliance; 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 the Department of Community Affairs, is amended by striking from Code Section 50-8-36, relating to human service programs and the direct delivery of governmental services to con sumers, subsection (c) which reads as follows:
"(c) When a regional development center administers a contract for the purposes of paragraph (11) of subsection (a) of Code Section 50-8-35, no employee of the regional devel opment center who is compensated for his services by the center shall also serve, during the period of any such contract, as a board member, officer, or paid employee of the entity contracting with the regional development center.",
in its entirety.
Section 2. Said chapter is further amended by adding immediately following Article 2, relating to regional development centers, a new Article 3 to read as follows:
"ARTICLE 3
50-8-60. As used in this article, the term:
(1) 'Board member' means any member of the board of a regional development center established under Article 2 of this chapter.
(2) 'Business' means any corporation, partnership, proprietorship, firm, enterprise, franchise, association, organization, self-employed individual, trust, or other legal entity.
(3) 'Center' means a regional development center established under Article 2 of this chapter.
(4) 'Commissioner' means the commissioner of community affairs.
(5) 'Employee' means any person who, pursuant to a written or oral contract, is em ployed by a center or by a nonprofit corporation.
(6) 'Family' means spouse and dependents.
(7) 'Nonprofit corporation' means any nonprofit corporation created or controlled by a

FRIDAY, MARCH 20, 1992

2003

regional development center as expressly authorized by law, or as administratively author ized pursuant to paragraph (21) of Code Section 50-8-31 and subsection (e) of Code Section 50-8-35.
(8) 'Person' means any person, corporation, partnership, proprietorship, firm, enter prise, franchise, association, organization, or other legal entity.
(9) 'Substantial interest' means the direct or indirect ownership of more than 25 per cent of the assets or stock of any business.
(10) 'Transact business' or 'transact any business' means to sell or lease any personal property, real property, or services on behalf of oneself or on behalf of any third party as an agent, broker, dealer, or representative; to purchase surplus real or personal property on behalf of oneself or on behalf of any third party as an agent, broker, dealer, or representa tive; or to obtain loans or loan packaging services on behalf of oneself or any third party as an agent, dealer, broker, or representative.
50-8-61. When a center or nonprofit corporation administers a contract for the purposes of this chapter, no employee who is compensated for his services by either the center or nonprofit corporation nor any member of a board or advisory committee of the center or nonprofit corporation that plays a role in determining center or nonprofit corporation con tracts shall also serve, during the period of any such contract, as a board member, officer, independent contractor, or paid employee of the entity contracting with the center or non profit corporation; provided, however, this Code section shall not preclude an employee of a center from serving, without compensation, as an officer of a nonprofit corporation for the purposes of executing loan transactions. Any person who knowingly violates this Code sec tion shall be subject to the penalties provided for in Code Section 50-8-66.
50-8-62. It shall be unlawful for any employee, any member of an employee's family, or any business in which such employee or member of his family has substantial interest, indi vidually or collectively, to transact any business with either the center or nonprofit corpora tion by which such employee is employed or affiliated. Any person who knowingly violates this Code section shall be subject to the penalties provided for in Code Section 50-8-66.
50-8-63. (a) Except as provided in subsection (b) of this Code section, any employee, any member of such employee's family, or any business in which such employee or any member of his family has a substantial interest, individually or collectively, who transacts business with any local government shall disclose such transactions annually. Such disclo sures shall be submitted to the board of directors of the center and to the commissioner prior to January 31 each year on such forms as are prescribed by the commissioner. At a minimum, the disclosures shall include an itemized list of the previous year's transactions with the dollar amount of each transaction reported and totaled. Such disclosure statements shall be public records.
(b) The requirement to disclose certain transactions as provided in subsection (a) of this Code section shall not apply to any transaction when the amount of a single transaction does not exceed $100.00 and when the aggregate of all transactions does not exceed $2,000.00 per calendar year.
(c) Any member of a board or advisory committee of the center or nonprofit corporation who plays a role in determining loan transactions or any member of such person's family who obtains a loan or loan packaging services from such center or nonprofit corporation shall disclose such transaction at the time of application for such loan or loan packaging services to the board of directors of the center and to the commissioner. Such disclosure statements shall be public records.
(d) Any person who fails to file a disclosure statement as required in subsections (a) and (c) of this Code section shall be subject to the penalties provided for in Code Section 50-8-66.
50-8-64. On or before January 1, 1993, each center shall develop a system for competi tive bidding relating to the purchase of supplies, equipment, and services and the letting of

2004

JOURNAL OF THE SENATE

other contracts and submit written procedures governing such systems to the board of direc tors of the center and to the commissioner. Such procedures must accommodate any appli cable fund source requirements relating to procurement and must provide, at a minimum, that contracts let out for bid shall be awarded to the lowest responsible bidder.
50-8-65. Within 30 days after the completion of its fiscal year, each center shall provide to the Board of Community Affairs a report containing the following information:
(1) The name and address of each contractor, public or private, with which the center contracted and which received more than a total of $500.00 from the center; and
(2) The amount of public funds received by the contractor from the center.
50-8-66. Any employee who violates Code Section 50-8-61, 50-8-62, or 50-8-63 shall be subject to a civil fine not to exceed $10,000.00.
50-8-67. A director or chief administrative officer of a regional development center shall not actively or directly attempt to influence the election of persons as members of the board of such regional development center. The board of a regional development center may adopt, as part of its personnel policies, disciplinary measures to be imposed for noncompliance with this Code section."
Section 3. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 37, nays 0, and the substitute was adopted.

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

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

Those voting in the affirmative were Senators:

Albert Alien Baldwin Bishop Bowen Brown of 26th Burton Clay Coleman Collins Dawkins Deal Dean Echols Edge Egan

English Foster Garner Gillis Harris Hasty Henson Hill Hooks Huggins Johnson Langford Marable Newbill Perdue Perry

Phillips Pollard Ragan of 32nd Ramsey Robinson Scott Starr Steinberg Tate Taylor Timmons Turner Tysinger Walker of 22nd Walker of 43rd White

Those not voting were Senators:

Brown of 46th Hammill Kidd

Moye Ragan of 10th Ray

Shumake 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.

FRIDAY, MARCH 20, 1992

2005

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

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.

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 BCC,,,loualryetomnan
Collins Dawkins Deal Dean Echols Edge Egan

English Foster Garner Gillis Harris Hasty Henson HHTHTioulogl kgi sins
Johnson Langford Marable Moye Newbill Perdue Perry

Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Robinson Scott Qo,,S.tt, aemr. rb, erg
,,,. Timmons Turner Tysinger Walker of 22nd Walker of 43rd White

Those not voting were Senators:

Hammill Kidd

Ray Shumake

Taylor Thompson

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

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

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.

2006

JOURNAL OF THE SENATE

The House has passed, as amended, by the requisite constitutional majority the follow ing bill 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.
The following general bills of the House, favorably reported by the committees, were read the third time and put upon their passage:
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.
Senate Sponsor: Senator Garner of the 30th.
The Senate Committee on Finance and Public Utilities offered the following substitute to HB 1286:
A BILL
To be entitled an Act 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 certain conditions, limitations, and procedures under which taxpayers shall qualify for the freeport exemption; to provide for definitions; to provide for stylistic revision; to provide for determi nation of exemption periods; to change the provisions regarding elections; to provide when such exemption may be commenced; to provide for statutory construction; to provide for duties of the state revenue commissioner; to provide for other matters relative to the forego ing; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 2 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem property tax exemptions, is amended by striking Code Section 48-548.1, relating to application for the freeport exemption, and inserting in its place a new Code Section 48-5-48.1 to read as follows:
"48-5-48.1. (a) Any person, firm, or corporation seeking an exemption from ad valorem taxation of certain tangible personal property inventory when such exemption has been au thorized by the governing authority of any county or municipality after approval of the electors of such county or municipality pursuant to the authority of the Constitution of Georgia or Code Section 48-5-48.2 shall file a written application and schedule of property with the tax receiver or tax commiaaioncf charged with the duty of receiving returns of property for taxation on forma to be furnished by such tax official county board of tax assessors on forms furnished by such board. Such application shall be filed in the year in which exemption from taxation is sought no later than the date on which the tax receiver or tax commissioner of the county in which the property is located closes his books for the return of taxes.
(b) The application for the tangible personal property inventory exemption shall pro vide for:
(1) A schedule of the inventory of goods in the process of manufacture or production which shall include all partly finished goods and raw materials held for direct use or con sumption in the ordinary course of the taxpayer's manufacturing or production business in the State of Georgia;

FRIDAY, MARCH 20, 1992

2007

(2) A schedule of the inventory of finished goods manufactured or produced within the State of Georgia in the ordinary course of the taxpayer's manufacturing or production busi ness when held by the original manufacturer or producer of such finished goods; and
(3) A schedule of the inventory of finished goods which on January 1 are stored in a warehouse, dock, or wharf, whether public or private, and which are destined for shipment outside the State of Georgia and the inventory of finished goods which are shipped into the State of Georgia from outside this state and which are stored for transshipment to a final destination outside this state. The information required by Code Section 48-5-48.2 to be contained in the official books~and records of the warehouse, dock, or wharf where such property is being stored, which official books and records are required to be open to the inspection of taxing authorities of this state and political subdivisions thereof, shall not be required to be included as a part of or to accompany the application for such exemption.
(c) The failure to file properly the application and schedule shall constitute a waiver of the exemption on the part of the person, firm, or corporation failing to make the application for such exemption for that year.
Section 2. Said article is further amended by striking Code Section 48-5-48.2, relating to the freeport exemption, and inserting in its place a new Code Section 48-5-48.2 to read as follows:
"48-5-48.2. Article VII, Section II, Paragraph III (a) of the Constitution of the State of Georgia ratified in 1082 continues in effect the exemption fof certain tangible personal prop erty, commonly known as the freeport exemption, formerly granted by the Constitution of 1076. Said Article VII, Section II, Paragraph III (a) of the Constitution ratified in 1082 provides that until otherwise provided by law such exemption shall be subject to the aamc conditions, limitations, definitions, and procedures provided for by the following provisions of the Constitution of 1076.
(a) As used in this Code section, the term:
(1) 'Destined for shipment to a final destination outside this state' includes that portion or percentage of an inventory of finished goods which the taxpayer can establish, through a historical sales or shipment analysis, either of which utilizes information from the preceding calendar year, or other reasonable, documented method, is reasonably anticipated to be shipped to a final destination outside this state. Such other reasonable, documented method may only be utilized in the case of a new business, in the case of a substantial change in scope of an existing business, or in other unusual situations where a historical sales or ship ment analysis does not adequately reflect future anticipated shipments to a final destination outside this state. It is not necessary that the actual final destination be known as of Janu ary 1 in order to qualify for the exemption.
(2) 'Finished goods' shall mean goods, wares, and merchandise of every character and kind~5'ut shall not include unrecovered, unextracted, or unsevered natural resources or raw materials or goods in the process of manufacture or production or the stock in trade of a retailer.
(3) 'Raw materials' shall mean any material, whether crude or processed, that can be converted by manufacture, processing, or a combination thereof into a new and useful prod uct but shall not include unrecovered, unextracted, or unsevered natural resources.
(4) 'Stock in trade of a retailer' means finished goods held by one in the business of making sales of such goods at retail in this state, within the meaning of Chapter 8 of this title, when such goods are held or stored at a business location from which such retail sales are regularly made. Goods stored in a warehouse, dock, or wharf, including a warehouse or distribution center which is part of or adjoins a place of business from which retail sales are regularly made, shall not be considered stock in trade of a retailer to the extent that the taxpayer can establish, through a historical sales or shipment analysis, either of which utilizes information from the preceding calendar year, or other reasonable, documented method, the portion or percentage of such goods which is reasonably anticipated to be shipped outside this state for resale purposes.

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(b) The governing authority of any county or municipality may, subject to the approvafoF the electors of such political subdivision, exempt from ad valorem taxation, includ ing all such taxes levied for educational purposes and for State state purposes, all or any combination of the following types of tangible personal property:
(1) Inventory of goods in the process of manufacture or production which shall include all partly finished goods and raw materials held for direct use or consumption in the ordi nary course of the taxpayer's manufacturing or production business in the State of Georgia this state. The exemption provided for herein in this paragraph shall apply only to tangible personal property which is substantially modified, altered, or changed in the ordinary course of the taxpayer's manufacturing, processing, or production operations in this State, state;
(2) Inventory of finished goods manufactured or produced within the State of Georgia this state in the ordinary course of the taxpayer's manufacturing or production business when held by the original manufacturer or producer of such finished goods. The exemption provided for hefem in this paragraph shall be for a period not exceeding twelve (12) 12 months from the date such property is produced or manufactured! ; or
(3) Inventory of finished goods which, on the first day of January 1, are stored in a warehouse, dock, or wharf, whether public or private, and which are destined for shipment to a final destination outside the State of Georgia this state and inventory of finished goods which are shipped into the State of Georgia this state from outside this State state and stored for transshipment to a final destination outside this State state. The exemption pro vided for herein in this paragraph shall be for a period not exceeding twelve (12) 12 months from the date such property is stored in this State state. All property that is claimed to be exempt under the provisions of this aubaection shall be designated as being "in transit" upon the official booka and rccorda of the warehouoc, deck, or wharf, whether public or private, where auch property is being stored. Such period shall be determined based on application of a first-in, first-out method of accounting for the inventory. Such The official books and records of the warehouse, dock, or wharf where such property is being stored shall contain a full, true, and accurate inventory of all such property, including the date of the receipt of the property, the date of the withdrawal of the property, the point of origin of the property, and the point of final destination of the same, if known. The official books and records of any such warehouse, dock, or wharf, whether public or private, pertaining to any such "in transit" property; for which a freeport exemption has been claimed shall be at all times open to the inspection of all taxing authorities of this State state and of any political subdivision of this State state.
As used in this Paragraph, the following words, terms and phrases arc defined ao
KM.IOW9!
(a) "Finished Goods" ahall mean goods, wares, and merchandise of every character and kind, but shall not include unrocovcred, uncntractcd, or unscverod natural resources, or raw materials, or goods in the process of manufacture or production, or the stock in trade of a
FClCUlCF.
(b) "Raw Materials" ahall mean any material whether crude or processed that can be converted by manufacture, processing, or combination into a new and uaeful product, but shaH-not include unrccovcred, unestraetcd, or unscvcrod natural fesewees.
(c) Whenever the governing authority of any county or municipality wishes to exempt such tangible property from ad valorem taxation, as provided herein in this Code section, the governing authority thereof shall notify the election superintendent of such political subdivision, and it shall be the duty of said election superintendent to issue the call for an election for the purpose of submitting to the electors of the political subdivision the ques tion of whether such exemption shall be granted. The referendum ballot shall specify as separate questions the type or types of property as defined herein in this Code section which are being proposed to be exempted from taxation. The election superintendent shall set the date of such election for a day not leas than 30 nor more than 46 days after the date of the

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issuance of issue the call and shall conduct the election on a date and in the manner author ized under Code Section 21-2-540 or 21-3-52, as applicable.
(d) The governing authority of any county or municipality wherein an exemption has been approved by the voters as provided herein in this Code section may, by appropriate resolution, a copy of which shall be immediately transmitted to the State Revenue Commiasiener state revenue commissioner, exempt from taxation 20% percent, 40% percent, 60% percent, 80% percent or all of the value of such tangible personal property as defined herein. Provided, in this Code section; provided, however, that once an exemption has been granted, no reduction in the percent of the value of such property to be exempted may be made until and unless such exemption is revoked or repealed as provided herein in this Code section. An increase in the percent of the value of the property to be exempted may be accomplished by appropriate resolution of the governing authority of such county or munici pality, and a copy thereof shall be immediately transmitted to the State Revenue Commis sioner, state revenue commissioner, provided; that such increase shall be in increments of 20% percent, 40% percent, 60% percent, or 80%^ percent of the value of such tangible personal property as defined herein~in this CodeTection, within the discretion of such gov erning authority.
(e) (1) If more than one-half of the votes cast on such question are in favor of such exemption, then such exemption may be granted by the governing authority commencing with the next on the first day of any ensuing calendar year;; otherwise such exemption may not be granted. This paragraph is intended to clearly provide that following approval of such exemption in such referendum, such exemption may be granted on the first day of any calendar year following the year in which such referendum was conducted. This paragraph shall not be construed to imply that the granting of such exemption could not previously be delayed to any such calendar year.
(2) Exemptions may only be revoked by a referendum election called and conducted as provided herein, in this Code section, provided; that the call for such referendum shall not be issued within five years from the date such exemptions were first granted and, if the results of said election are in favor of the revocation of such exemptions, then such revoca tion shall be effective only at the end of a five-year period from the date of such referendum.2
(f) The commissioner shall by regulation adopt uniform procedures and forms for the use of local officials in the administration of this Code section. Said provisions of the Consti tution of 1076 shall continue in effect as statutory law until otherwise provided for by law."
Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 4. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 33, nays 0, and the substitute was adopted.

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

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

Those voting in the affirmative were Senators:

Alien Baldwin Bishop Bowen Broun of 46th Brown of 26th

Burton Clay Coleman Collins Dawkins Deal

Dean Echols Edge Egan English Foster

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Garner Gillis Harris Hasty Henson Hill Hooks Huggins Johnson Langford Marable

Moye 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

Those not voting were Senators:

Albert Hammill

Kidd 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.

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.
Senate Sponsor: Senator Steinberg of the 42nd.

The Senate Committee on Judiciary offered the following substitute to HB 1519:

A BILL
To be entitled an Act to amend Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, so as to provide that if the Department of Human Resources is the petitioner, then no guardian ad litem need be appointed; to provide that services by the Department of Human Resources shall continue despite the fact that public assistance is no longer provided; to provide for fees and cost recovery for child support services; to provide for liability and penalties; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 19 of the Official Code of Georgia Annotated, relating to domestic rela tions, is amended by striking subsection (a) of Code Section 19-7-44, relating to parties and guardian ad litem, and inserting in lieu thereof the following:
"(a) The child shall be made a party to the action. If fee the child is a minor, fee the child shall be represented by a guardian ad litem appointed by the court. If the Department of Human Resources is the petitioner, and the court determines that no conflict of interest exists, the court need not appoint a guardian. Neither the child's mother nor feia the alleged or presumed father may represent the child as guardian as litem."
Section 2. Said title is further amended by striking subsection (b) of Code Section 1911-6, relating to enforcement of child support payments and alimony for public assistance recipients, and inserting in lieu thereof the following:
"(b) Whenever a family for whom child support payments services have been collected and distributed under thia article provided ceases to receive public assistance, including

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2011

medical assistance, the department shall continue to provide services and collect such support payments from the absent parent in accordance with standards prescribed pursuant to the federal Social Security Act."
Section 3. Said title is further amended by adding a new Code section at the end to read as follows:
"19-11-28. (a) The department shall be authorized to charge fees and recover costs for its services under this article; provided, however, that no fee or cost may be recovered if such recovery would result in a loss of federal funding. All such cost recovery measures shall be used to defray the cost of providing services, and all such reimbursement shall not exceed the actual cost of providing the service. No person shall be denied services on the basis of ability to pay. The department shall provide for specific cost recovery measures by rule and regulation.
(b) The department may recover fees and costs as provided in this Code section by civil action. Where a recipient of services fails to remit fees or costs within 30 days of a demand sent by certified mail, return receipt requested, the department may in its sole discretion terminate further services to that recipient. Fees and costs may be recovered from the ab sent parent as part of an income deduction pursuant to Code Section 19-6-30.
(c) Nothing in this Code section shall be construed to require the department to collect any court cost from an absent parent where such court cost is imposed upon such absent parent and is due and owing to a county of this state."
Section 4. 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 Deal Dean
Echols
Edge

Egan English
Garner Harris
Hasty Henson Hill Hooks Huggins Johnson Kidd
Langford Marable Moye
Newbill
Perry

Pollard Ragan of 10th Ragan of 32nd Ramsey Robinson Scott
l?ylor Thompson Timmons Turner Tysinger Walker of 22nd White

Those not voting were Senators:

Foster

Gillis

.

Hammill

Perdue Phillips Ray

Shumake Starr Walker of 43rd

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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 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. Senate Sponsor: Senator Collins of the 17th.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:
Those voting in the affirmative were Senators:

Albert Alien Baldwin Bishop Bowen Broun of 46th Brown of 26th Burton Clay Coleman Collins Dawkins Deal Dean Echols

Edge Egan English Harris Hasty Henson Hill Hooks Huggins Johnson Marable Moye Newbill Perdue Perry

Those not voting were Senators:

Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Robinson Scott Starr Steinberg Tate Taylor Turner Tysinger Walker of 22nd White

Foster Garner Gillis Hammill

Kidd Langford Ray Shumake

Thompson Timmons 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.

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2013

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 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 42-8-34 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 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.
The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage:
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.
Senate Sponsor: Senator Harris of the 27th.
The Senate Committee on Urban and County Affairs offered the following substitute to HB 113:
A BILL
To be entitled an Act 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 re quire a copy of local bills annexing territory to a municipality to be provided to the gov erning authority of the county; to amend Code Section 36-35-2 of the Official Code of Geor gia Annotated, relating to incorporation, dissolution, or merger of municipalities and changes in municipal boundaries, so as to change the time limitation relative to the annexa tion of property which had been deannexed by local Act of the General Assembly; to amend Chapter 36 of Title 36 of the Official Code of Georgia Annotated, relating to the annexation of territory by municipalities, so as to comprehensively revise the provisions relating to such annexation; to establish procedures applicable to annexation; to prohibit creation of unin corporated islands; to provide for other matters relative to the foregoing; to repeal conflict ing laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 1 of Title 28 of the Official Code of Georgia Annotated, relating to

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general provisions applicable to the General Assembly, is amended by adding a new Code Section 28-1-14.1 to read as follows:
"28-1-14.1. A copy of any local bill which proposes to annex unincorporated land to a municipality shall be provided to the governing authority of the county within which the area proposed to be annexed is located at the time the notice required by Code Section 281-14 is published; otherwise such annexation shall be void. Provided, however, any such bill shall be subject to amendment during the legislative process without affecting its validity."
Section 2. Code Section 36-35-2 of the Official Code of Georgia Annotated, relating to incorporation, dissolution, or merger of municipalities and changes in municipal boundaries, is amended by striking subsection (b) in its entirety and substituting in lieu thereof a new subsection (b) to read as follows:
"(b) Whenever any local Act of the General Assembly deannexes property lying within the boundaries of a municipal corporation, such property shall not be subject to annexation under Chapter 36 of this title by the municipal corporation from which the property was deannexed for a period of five three years from such deannexation."
Section 3. Chapter 36 of Title 36 of the Official Code of Georgia Annotated, relating to the annexation of territory by municipalities, is amended by striking said chapter in its entirety and substituting in lieu thereof a new Chapter 36 to read as follows:
"CHAPTER 36
ARTICLE 1
36-36-1. The procedures set forth in this article shall apply to all annexations pursuant to this chapter and to annexation by local Act of the General Assembly.
36-36-2. (a) Except as provided in subsection (b) of this Code section, and unless otherwiselgreed by joint resolution of the county governing authority and the governing author ity of the municipality annexing land, all annexation shall become effective on the last day of the calendar quarter during which such annexation occurredT
(b) Where an independent school system exists within the boundaries of a municipality, other effective dates may be established by the municipality solely for the purpose of deter mining school enrollment
36-36-3. (a) Within 30 days after the effective date by local Act annexing property into a municipality or within 30 days after the effective date of an annexation by ordinance, the governing authority of the municipality annexing land shall identify the annexed area by providing a map and complete survey by a competent surveyor of the area annexed to the Secretary of State and to the governing authority of the county in which the annexed prop erty is located.
(b) For an annexation pursuant to Article 6 of this chapter, the municipal governing authority may provide, in lieu of the map and complete survey required by subsection (a) of this Code section, a copy of the page or pages from the plat book which identifies the prop erty being annexed or a copy of the tax map or maps in which the property being annexed is located.
(c) The map and survey of each annexed area required to be provided to the Secretary of State shall be transmitted to the director of the Elections Division of the Secretary of State.
36-36-4. (a) The creation of unincorporated islands as described in paragraph (1), (2), or (3) of this Code section shall be prohibited:
(1) Annexation or deannexation which would result in the creation of an unincorporated area with its aggregrate external boundaries abutting the annexing municipality;
(2) Annexation or deannexation which would result in the creation of an unincorporated area with its aggregate external boundaries abutting any combination of the annexing mu nicipality and one or more other municipalities; or

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(3) Annexation or deannexation which would result in the creation of an unincorporated area to which the county would have no reasonable means of physical access for the provi sion of services otherwise provided by the county governing authority solely to the unincor porated area of the county.
(b) When requested by resolution of the county governing authority, a municipality is authorized to provide any service or exercise any function within an unincorporated island. Such authority shall be in addition to any other authority of the municipality to provide extraterritorial services or functions. For purposes of this aubparagraph, 'unincorporated is land' shall have the same meaning as contained in paragraph (3) of Code Section 36-36-90.
36-36-5. Annexation of an unincorporated island comprised of more than 100 acres shall be alinexed only through use of the annexation method provided by Article 3 of this chapter.
36-36-6. Upon accepting an application for annexation pursuant to subsection (a) of Code Section 36-36-21 or a petition for annexation pursuant to Code Section 36-36-32, or upon adopting a resolution calling for an annexation referendum pursuant to Code Section 36-36-57, the governing authority of the annexing municipality shall within five business days give written notice of the proposed annexation to the governing authority of the county wherein the area proposed for annexation is located. Such notice shall include a map or other description of the site proposed to be annexed sufficient to identify the area. Where the proposed annexation is to be effected by a local Act of the General Assembly, a copy of the proposed legislation shall in accordance with Code Section 28-1-14.1 be provided to the governing authority of the county wherein the proposed annexation is located at the same time the notice of intent required by state law is published.
36-36-7. (a) Upon receiving notice of a proposed annexation pursuant to Code Section 36-36-6, the county governing authority shall notify the governing authority of the munici pality within five business days of receipt of such notice if any county owned public facili ties are located in the area proposed to be annexed.
(b) Except as otherwise provided in this Code section, ownership and control of county ownecl public properties and facilities are not diminished or otherwise affected by annexa tion of the area in which the county owned public property or facility is located.
(c) Whenever a municipality annexes land on both sides of a county road right of way, the annexing municipality shall assume the ownership, control, care, and maintenance of such right of way unless the municipality and the county agree otherwise by joint resolution.
(d) Whenever county owned property or a county owned facility within an area annexed by a municipality is no longer usable for service to the unincorporated area of the county as a result of the annexation, the annexing municipality shall be required to acquire said prop erty from the county governing authority under the following conditions:
(1) The annexation must be final;
(2) The county property or facility must be funded by revenues derived from the unincorporated areas of the county and must be used to provide services solely to the unincorpo rated areas of the county;
(3) The county adopts a resolution declaring that the property or facility is no longer usable for service to the unincorporated area of the county as a result of the annexation; and
(4) Unless otherwise provided by mutual agreement, the county shall be compensated in an amount equal to the fair market value of the property or facility which is no longer usable for service to the unincorporated area. If the county and municipality fail to agree as to the fair market value of the property or facility within 180 days following adoption of the resolution required by paragraph (3), the question of fair market value shall be submitted to a special master appointed by the superior court of the county in which the property or facility is located for determination of value.
36-36-8. No annexation shall invalidate any utility service agreement between a county

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and an annexing municipality in effect on the effective date of this chapter, except by mu tual written consent.
36-36-9. All notices to a municipal or county governing authority required pursuant to this chapter shall be sent by certified mail return receipt requested.
ARTICLE 1 ARTICLE 2
36-06-1 36-36-20. As used in this Article, the term 'contiguous area' means any area which, at the time annexation procedures are initiated, either abuts directly on the munici pal boundary or would directly abut on the municipal boundary if it were not otherwise separated from the municipal boundary by lands owned by the municipal corporation or some other political subdivision, by lands owned by this state, or by the definite width of (1) any street or street right of way, (2) any creek or river, or (3) any right of way of a railroad or other public service corporation which divides the municipal boundary and any area pro posed to be annexed. If, at the time annexation procedures are initiated, the entire area to be annexed is owned by the municipal governing authority to which the area is to be an nexed and if the annexation of municipally owned property is approved by resolution of the governing authority of the county wherein the property is located, then the term 'contiguous area' shall mean any area which, at the time annexation procedures are initiated, abuts directly on the municipal boundary or which would directly abut on the municipal boundary if it were not otherwise separated from the municipal boundary by lands owned by the municipal corporation or some other political subdivision, by lands owned by this state, or by the definite width or by the length of (1) any street or street right of way, (2) any creek or river, or (3) any right of way of a railroad or other public service corporation which divides the municipal boundary and any area proposed to be annexed.
86 36-2 36-36-21. (a) Authority is granted to the governing bodies of the several munici pal corporations of this state to annex to the existing corporate limits thereof unincorpo rated areas contiguous to the existing corporate limits at the time of such annexation, in accordance with the procedures provided in this article and in Article 1 of this chapter, upon the written and signed applications of all of the owners of all of the land, except the owners of any public street, road, highway, or right of way, proposed to be annexed, contain ing a complete description of the lands to be annexed. Lands to be annexed at any one time shall be treated as one body, regardless of the number of owners, and all parts shall be considered as adjoining the limits of the municipal corporation when any one part of the entire body abuts such limits. When such application is acted upon by the municipal au thorities and the land is, by ordinance, annexed to the municipal corporation, a complete auEvey by a competent aurvcyor, not nceeaoarily a county ourvcvor, ahall be filed as a part of the ordinance annexing the territory and a copy, certified to by the clerk of similar official of the municipal corporation, shall be filed with the Secretary of State of this state an identifi cation of the property so annexed shall be filed with the Secretary of State and with the governing authority of the county in which the property is located in accordance with Code Section 36-36-3. When so annexed, such lands shall constitute a part of the lands within the corporate limits of the municipal corporation as completely and fully as if the limits had been marked and defined by special local Act of the General Assembly.
(b) This article shall not apply to any municipal corporation within a county having a population of 100,000 or more persons according to the United States decennial census of 1960 or any future such census.
ARTICLE 2 ARTICLE 3
36-86-20 36-36-30. As used in this article, the term 'municipal corporation' means a municipal corporation which has a population of 200 or more persons according to the United States decennial census of 1960 or any future such census.
86 36-21 36-36-31. (a) As used in this article, the term 'contiguous area' means any area of which at least one-eighth of the aggregate external boundary, at the time annexation procedures are initiated, directly abuts the municipal boundary. Any area shall also be a 'contiguous area' if at least one-eighth of its aggregate external boundary would directly

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abut the municipal boundary if not otherwise separated, in whole or in part, from the mu nicipal boundary by lands owned by the municipal corporation, by lands owned by a county, or by lands owned by this state or by the definite width of (1) any street or street right of way, (2) any creek or river, or (3) any right of way of a railroad or other public service corporation.
(b) For purposes of determining an area's aggregate external boundary, all real property which, at the time annexation procedures are initiated, (1) is owned by the same person who owns real property in the area to be annexed, (2) adjoins to any extent such owner's real property in the area to be annexed, (3) is in the same county as the real property in the area to be annexed, and (4) is not included within the boundaries of any municipal corporation shall have its area included in determining the aggregate external boundary of the area to be annexed.
36 36-22 36-36-32. (a) Authority is granted to the governing bodies of the several mu nicipal corporations of this state to annex to the existing corporate limits thereof unincorpo rated areas which are contiguous to the existing corporate limits at the time of such annexation, in accordance with the procedures provided in this article and in Article 1 of this chapter, upon the written and signed application of not less than 60 percent of the electors resident in the area included in any such application and of the owners of not less than 60 percent of the land area, by acreage, included in such application. The authority granted in this Code section is in addition to existing authority and is intended to provide a cumulative method of annexing territory to municipal corporations in addition to those methods pro vided by present law.
(b) Each such application shall contain a complete description of the land proposed to be annexed. Lands to be annexed at any one time shall be treated as one body, regardless of the number of owners, and all parts shall be considered as adjoining the limits of the munic ipal corporation when any one part of the entire body abuts such limits.
(c) Each person signing an application for annexation shall also print or type thereon his name, address, and the date of signature. In addition, he shall indicate whether he is a landowner within the area to be annexed, an elector, or both.
{} (d) For the purpose of determining the percentage of electors signing such applica tion, the municipal governing body shall obtain a list of electors residing in such area from the board of registrars of the county or counties in which the area lies. The list shall be compiled by the board of registrars and provided to the municipal governing body in accor dance with Code Section 21-2-243. The municipal governing body shall bear the expense of the preparation of the list in the manner prescribed by such Code section.
W (e) For the purpose of determining ownership of the property included within such application, the record titleholder of the fee simple title or his legal representative shall be considered the 'owner' of the property.
(f) Signatures of owners of public roads and other public land within the area to be anneTed shall not be required in satisfying the requirements of subsection (a) of this Code section and the acreage of such public properties shall be excluded from acreage calculations pertaining to the landowner approval required by said subsection (a). This subsection ap plies only where the public properties are included in the area to be annexed.
(g) The necessary number of signatures of landowners and electors sj*a|j ^e btajned within one calendar year following the date of the first signature obtained. Failure to collect the required number within the one-year period shall invalidate previously collected signa tures. Nothing in this subsection shall prohibit collection of signatures from the same per sons on subsequent applications for annexation?
06 00-20 36-36-33. There shall be no annexation across the boundary lines of any county under this article.
36 36-24 36-36-34. Whenever the governing body of a municipal corporation receives an

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application pursuant to Code Section 36-36-22 36-36-32, it shall, after investigation, deter mine whether such application complies with the requirements of this article. If it is deter mined that the application does not comply with this article, the governing body shall notify in writing the persons presenting the application, stating wherein the application is defi cient. If it is determined that the application does comply with this article, the municipal governing body shall proceed to act on the application in accordance with Code Section 3636-86 36-36-36.
36-06-26 36-36-35. (a) A municipal corporation exercising authority under this article shall make plans for the extension of services to the area proposed to be annexed and, prior to the public hearing provided for in Code Section 36-86-26 36-36-36, shall prepare a report setting forth its plans to provide services to the area.
(b) The report required in subsection (a) of this Code section shall include:
(1) A map or maps of the municipality and adjacent territory, showing the present and proposed boundaries of the municipal corporation, the present major trunk water mains and sewer interceptors and outfalls, and the proposed extensions of such mains and outfalls as required in paragraph (2) of subsection (c) of this Code section; and
(2) A statement setting forth the plans of the municipal corporation for extending to the area to be annexed each major municipal service performed within the municipality at the time of annexation.
(c) The plans required in subsection (a) of this Code section shall:
(1) Provide for extending police protection, fire protection, garbage collection, and street maintenance services to the area to be annexed, on the date of annexation, on sub stantially the same basis and in the same manner as such services are provided within the rest of the municipal corporation prior to annexation; but if a water distribution system is not available in the area to be annexed, the plans must call for reasonably effective fire protection services until such time as water lines are made available in the area under ex isting municipal policies for the extension of water lines; and
(2) Provide for extension of major trunk water mains and sewer outfall lines into the area to be annexed within 12 months of the effective date of annexation, so that when such lines are constructed property owners in the area to be annexed will be able to secure public water and sewer service, according to the policies in effect in such municipal corporation for extending water and sewer lines to individual lots or subdivisions.
(d) The report required in subsection (a) of this Code section shall be prepared and made~available to the public at least 14 days prior to the public hearing required by Code Section 36-36-36T
86 86'26 36-36-36. (a) The municipal governing body shall hold a public hearing on any application which has been determined to meet the requirements of this article. The hearing shall be held not less than 15 nor more than 45 days from the time the governing body makes a determination that the petition is valid. Notice of the time and place of the hearing shall be given in writing to the persons presenting the application and shall be advertised once a week for two consecutive weeks immediately preceding the hearing in a newspaper of general circulation in the municipal corporation and in the area proposed for annexation.
(b) At the public hearing all persons resident or owning property in the municipal cor poration or in the area proposed for annexation may be heard on the question of the annex ation of the area by the municipal corporation.
(c) Any property owner or elector may withdraw his consent at any time through the date of in writing postmarked or received within three business days after the public hear ing required by this Code section.
36-36-27 36-36-37. (a) If, after the public hearing, the governing body determines that the annexation to the municipal corporation of the area proposed in the application would

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be in the best interest of the residents and property owners of the area proposed for annexa tion and of the citizens of the municipal corporation, the area may be annexed to the munic ipal corporation by the adoption of an annexing ordinance.
(b) The annexing ordinance authorized by subsection (a) of this Code section shall be adopted within 60 days following validation of the signature of the applicants?
86-36 28 36-36-38. (a) When an application pursuant to Code Section 36-36 22 36-36-32 is acted upon by the municipal authorities and the land, by ordinance, is annexed to the municipal corporation, a complete aurvcy by a competent surveyor, not necessarily a county aufvcyo?, shall be filed an a part of the ordinance annexing the territory and a copy, certified to by the clerk or similar official of the municipal corporation, ahall be filed with the Secre tary of State of this state an identification of the annexed property shall be filed with the Secretary of State and with the county in which the property is located in accordance with Code Section 36-36-3.
(b) Municipal ad valorem taxes shall not apply to property within the annexed territory until January 1 of the following year.
(c) When so annexed, such lands shall constitute a part of the lands within the corpo rate limits of the municipal corporation as completely and fully as if the limits had been marked and defined by special local Act of the General Assembly.
36-36 20 36-36-39. (a) Within 30 days of the effective date of the ordinance annexing land to the municipal corporation, any resident elector of the area so annexed or of the municipal corporation or any property owner of such area or of the municipal corporation may bring a petition for declaratory judgment, in the superior court of the county of the legal situs of the annexing municipal corporation, to determine the validity, in accordance with this article, of the application and the municipal corporation's action thereon. When ever such a petition is filed, the municipal governing body shall file with the court the rec ord of their official actions in regard to such application and a certified copy of the annexing ordinance.
(b) The judgment of the court on any such petition may declare the annexation ordi nance null and void upon a finding that the application and the municipal corporation's action thereon are not in substantial compliance with this article. Upon a finding that proce dural defects or defects in the plan for service to the annexed area exist, the court, where possible, shall frame a judgment to perfect such defect and uphold the ordinance.
(c) Actions provided for in this Code section shall be in accordance with Chapter 4 of Title 9.
(d) Any aggrieved party may obtain a review of a final judgment under this Code sec tion as is provided by law in other cases.
86-36-80 36-36-40. Nothing within this article shall prohibit the municipal corporation from requiring the residents of the newly annexed area to use utilities owned by the munici pal corporation when they are available.
ARTICLE 3 ARTICLE 4
36'36 40 36-36-50. It is declared to be the intention of the General Assembly in enact ing this article to provide a method for annexing to municipal corporations areas which meet the legislative standards established by Code Section 36 86 -44 36-36-54. This article is not intended to affect or restrict the present authority of the General Assembly to legislate regarding the annexation of any area contiguous to any municipal corporation in this state, nor to limit in any way the authority of the General Assembly to provide alternative meth ods for extending municipal boundaries. This article shall not affect legislation pending on July 1, 1970.

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86-36-41 36-36-51. It is declared to be the policy in this state:
(1) That municipal corporations are created for the purpose of providing local govern mental services and for ensuring the health, safety, and welfare of persons and the protec tion of property in areas being used primarily for residential, commercial, industrial, and institutional purposes;
(2) That the orderly growth of municipal corporations, based on the need for municipal services and the ability of the municipal corporation to serve, is essential to the economic progress of the state and to the well-being of its urban citizens;
(3) That the extension of municipal boundaries to accomplish orderly growth should be in accordance with standards established by the General Assembly; and
(4) That any areas included within municipal boundaries under this article should re ceive all services provided by the annexing municipal corporation as soon as possible after coming within its boundaries.
36-36-42 36-36-52. As used in this article, the term:
(1) 'Contiguous area' means any area which, at the time annexation procedures are ini tiated, either abuts directly on the municipal boundary or is separated from the municipal boundary by a street or street right of way, a creek or river, the right of way of a railroad or other public service corporation, lands owned by the municipal corporation or some other political subdivision, or lands owned by this state.
(2) 'Used for residential purposes' refers to any lot or tract five acres or less in size on which is constructed a habitable dwelling unit.
36 86-43 36-36-53. The governing body of any municipal corporation may extend the corporate limits of the municipal corporation to include any area which meets the standards of Code Section 36 36 46 36-36-56, under the conditions and procedure provided in this article and in accordance with the procedures provided in Article 1 of this chapter.
36 36 44 36-36-54. (a) A municipal governing body may extend the municipal corporate limits to include any area:
(1) Which meets the general standards of subsection (b) of this Code section; and
(2) Every part of which meets the requirements of either subsection (c) or subsection (d) of this Code section.
(b) The total area to be annexed must meet the following standards on the date of the adoption of the resolution:
(1) It must be adjacent or contiguous to the municipal corporation's boundaries at the time the annexation proceeding is begun;
(2) At least one-eighth of the aggregate external boundaries of the area must coincide with the municipal boundary;
(3) No part of the area shall be included within the boundary of another municipal corporation or county; and
(4) No part of the area shall, at the time notice of public hearing is given in accordance with Code Section 36 36 47 36-36-57, be receiving either water service or sewer service, or both, and also either police protection or fire protection from any unit of government other than the municipal corporation proposing annexation. This requirement may be waived by written agreement of the municipal corporation proposing annexation and of the other unit of government affected. Where a waiver of this requirement is applicable, a copy of the agreement shall be made a part of the report required by Code Section 86 36 46 36-36-56. Where contracts exist between counties and municipal corporations, both government entities must agree by mutual consent prior to annexation.
(c) Except as provided in subsection (d) of this Code section, the area to be annexed must be developed for urban purposes. An area developed for urban purposes is denned as

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any area which, on the date of the adoption of the annexation resolution, has a total resi dent population equal to at least two persons for each acre of land included within its boundaries and is subdivided into lots and tracts such that at least 60 percent of the total acreage consists of lots and tracts five acres or less in size and such that at least 60 percent of the total number of lots and tracts are one acre or less in size.
(d) In addition to areas developed for urban purposes, a governing body may include in the area to be annexed any area which does not meet the requirements of subsection (c) of this Code section if such area lies between the municipal boundary and an area developed for urban purposes such that the area developed for urban purposes is either not adjacent to the municipal boundary or cannot be served by the municipal corporation without ex tending services and water and sewer lines through the sparsely developed area and, if such area is adjacent, on at least 60 percent of its external boundary to any combination of the municipal boundary and the boundary of an area or areas developed for urban purposes as denned in subsection (c) of this Code section.
(e) In fixing new municipal boundaries, a municipal governing body shall, wherever practical, use natural topographic features, such as ridge lines, streams, and creeks, as boundaries. If a street is used as a boundary, the governing body shall, wherever practical, include within the municipal corporation land on both sides of the street; such outside boundary may not extend more than 200 feet beyond the right of way of the street, except to include all of a lot or parcel of land partially within 200 feet of the right of way.
86-86-46 36-36-55. In determining population and degree of land subdivision for pur poses of meeting the requirements of Code Section 36-86-44 36-36-54, the municipal corpo ration shall use methods calculated to provide reasonably accurate results. In determining, on appeal to the superior court, whether the standards set forth in Code Section 36-86-44 36-36-54 have been met, the reviewing court shall accept the estimates of the municipal corporation:
(1) As to population, if the estimate is based on the number of dwelling units in the area multiplied by the average family size in the area or in the county or counties of which the area is a part, as determined by the last preceding federal census or based on a new enumeration carried out under reasonable rules and regulations by the annexing municipal corporation, provided that the court shall not accept such estimates if the petitioner on appeal demonstrates that the estimates are in error in the amount of 10 percent or more;
(2) As to total area, if the estimate is based on an actual survey, on county tax maps or records, on aerial photographs, or on some other reasonably reliable map used for official purposes by a governmental agency, unless the petitioner on appeal demonstrates that the estimates are in error in the amount of 5 percent or more; and
(3) As to degree of land subdivision, if the estimates are based on an actual survey, on county tax maps or records, on aerial photographs, or on some other reasonably reliable source, unless the petitioner on appeal shows that the estimates are in error in the amount of 5 percent or more.
36 36-46 36-36-56. (a) A municipal corporation exercising authority under this article shall make plans for the extension of services to the area proposed to be annexed and, prior to the public hearing provided for in Code Section 36 86 47 36-36-57, shall prepare a report setting forth its plans to provide services to such area.
(b) The report required in subsection (a) of this Code section shall include:
(1) A map or maps of the municipal corporation and adjacent territory, showing the present and proposed boundaries of the municipal corporation, the present major trunk water mains and sewer interceptors and outfalls, the proposed extensions of such mains and outfalls as required in paragraph (3) of this Code section, and the general land use pattern in the area to be annexed;
(2) A statement showing that the area to be annexed meets the requirements of Code Section 86 36 44 36-36-54; and

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(3) A statement setting forth the plans of the municipal corporation for extending to the area to be annexed each major municipal service performed within the municipality at the time of annexation.
(c) The plans required in subsection (a) of this Code section shall:
(1) Provide for extending police protection, fire protection, garbage collection, and street maintenance services to the area to be annexed, on the date of annexation, on sub stantially the same basis and in the same manner as such services are provided within the rest of the municipality prior to annexation. If a water distribution system is not available in the area to be annexed, the plans must call for reasonable, effective fire protection ser vices until such time as water lines are made available in such area under existing municipal policies for the extension of water lines;
(2) Provide for extension of major trunk water mains and sewer outfall lines into the area to be annexed so that when such lines are constructed property owners in the area to be annexed will be able to secure public water and sewer service, according to the policies in effect in such municipality for extending water and sewer lines to individual lots or subdivisions;
(3) If extension of major trunk water mains and sewer outfall lines into the area to be annexed is necessary, set forth a proposed timetable for construction of such mains and outfalls as soon as possible following the effective date of annexation. In any event, the plans shall call for contracts to be let and construction to begin within 18 months following the effective date of annexation; and
(4) Set forth the methods under which the municipal corporation plans to finance ex tension of services into the area to be annexed.
36-86-47 36-36-57. (a) Any municipal governing body desiring to annex territory pursu ant to this article shall first pass a resolution stating the intent of the municipal corporation to consider annexation. The resolution shall describe the boundaries of the area under con sideration and fix a date for a public hearing on the question of annexation. The date for the public hearing shall be not less than 30 days and not more than 60 days following pas sage of the resolution. The notice of the public hearing shall (1) fix the date, hour, and place of a public hearing, (2) describe clearly the boundaries of the area under consideration, and (3) state that the report required in Code Section 06 36-46 36-36-56 will be available at the office of the municipal clerk at least 14 days prior to the date of the public hearing. The notice shall be given by publication in a newspaper having general circulation in the munici pality once a week for three successive weeks prior to the date of the hearing. The date of the last publication shall be not more than seven days preceding the date of public hearing. If there is no such newspaper, the municipal corporation shall post the notice in at least three public places within the municipality and in at least three public places in the area to be annexed for 30 days prior to the date of the public hearing.
(b) At least 14 days before the date of the public hearing, the governing body shall approve the report provided for in Code Section 86-06 46 36-36-56 and shall make it availa ble to the public at the office of the municipal clerk. In addition, the municipal corporation may prepare a summary of the full report for public distribution.
(c) At the public hearing, a representative of the municipal corporation shall first make an explanation of the report required in Code Section 36-36 46 36-36-56. Following such explanation, all persons resident or owning property in the territory described in the notice of public hearing and all residents of the municipality shall be given an opportunity to be heard.
86 36-48 36-36-58. The municipal corporation shall issue a call for a referendum to rat ify or reject the adoption of the annexation resolution. The referendum shall be held not less than 30 days nor more than 60 days after the date of the public hearing required by Code Section 36-86-47 36-36-57. The referendum shall be held, insofar as possible, under the procedures set forth in Chapter 3 of Title 21 for special elections. Only those persons

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registered to vote for members of the General Assembly residing, on the date of the adop tion of the resolution, in the proposed area to be annexed shall vote in the referendum. If a majority of those voting vote in favor of annexation, the area shall become a part of the corporate limits of the municipality, but not otherwise. If a majority of those voting vote against the annexation, a period of two years must elapse before annexation of the same area or any portion thereof may be attempted again under authority of this article.
86 36 40 36-36-59. Whenever the limits of a municipal corporation are enlarged in ac cordance with this article, it shall be the duty of the mayor of the municipal corporation to cause an accurate map of the annexed territory, together with a copy of the resolution duly certified, to be recorded in the office of the registrar of deeds of the county or counties in which the territory is situated and in the office of the Secretary of State an identification of the annexed territory is to be filed with the Secretary of State and with the governing au thority of the county in which the property is located in accordance with Code Section 3631TI
36 36-60 36-36-60. Any municipal corporation initiating annexations under this article is authorized to make expenditures for surveys required to describe the property under con sideration or for any other purpose necessary to plan for the study and annexation of unin corporated territory adjacent to the municipal corporation. In addition, following final pas sage of the annexation ordinance, the annexing municipal corporation shall have authority to proceed with expenditures for construction of water and sewer lines and other capital facilities and for any other purpose calculated to bring services into the annexed area in an effective and expeditious manner prior to the effective date of annexation.
86'86'61 36-36-61. This article shall not apply to any territory which has been a part of a municipal corporation for three years immediately preceding July 1, 1970, and which has been or is in the process of being deannexed from the corporate limits of any such municipal corporation.
ARTICLE 4 ARTICLE 5
36-36-70. (a) The government of no municipality of this state may annex to the existing corporate limits of such municipality any unincorporated area in which water, sewerage, police protection, fire protection, and garbage or refuse collection is furnished or is to be furnished by the county in which such unincorporated area is situated, or where the county has included such unincorporated area in a comprehensive zoning plan of the county, with out first obtaining the approval of the governing authority of the county in which such unin corporated area is situated. Such approval must be obtained by an official act of the gov erning authority of the county and must be duly recorded upon the minutes of such body. The owner of any real property situated in such county shall have the right to enjoin any municipality which has not obtained the required approval of the governing authority of the county from exercising any municipal powers, functions, or duties over the unincorporated area improperly sought to be annexed to the existing corporate limits by an action for in junction filed in the superior court of the county in which the territory proposed for annexa tion is situated.
(b) The provisions of this Code section shall apply only to those counties of this state having a population of not less than 480,000 and not more than 580,000 according to the United States decennial census of 1980 or any future such census.
ARTICLE 6
36-36-90. As used in this article, the term:
(1) 'Contiguous area' means any unincorporated area which, on or after January 1, 1991, had an aggregate external boundary directly abutting a municipal boundary. Any area shall

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be considered 'contiguous' if the aggregate external boundary would directly abut the mu nicipal boundary if not otherwise separated, in whole or in part, from the municipal bound ary by lands owned by the municipal corporation, by lands owned by a county, or by lands owned by this state or by the definite width ofT
(A) Any street or street right of way;
(B) Any creek or river; or
(C) Any right of way of a railroad or other public service corporation.
(2) 'Municipal corporation' means a municipal corporation which has a population of 200 or more persons according to the United States decennial census of 1980 or any future such census.
(3) 'Unincorporated island' means:
(A) An unincorporated area in existence on January 1, 1991, and consisting of 100 acres or less with its aggregate external boundaries abutting the annexing municipality;
(B) An unincorporated area in existence as of January 1, 1991, and consisting of 100 acres~br less with its aggregate external boundaries abutting any combination of the annex ing municipality and one or more other municipalities; or
(C) An unincorporated area in existence as of January 1, 1991, and consisting of 100 acres~br less which the county governing authority has by resolution adopted not later than 90 days following July 1, 1992, that identifies any unincorporated area of the county to which the county has no reasonable means of physical access for the provision of services otherwise provided by the county governing authority solely to the unincorporated area of the county.
36-36-91. For the purposes of determining the aggregate external boundary of an unin corporated area, all real property in the area to be annexed, which at the time the annexa tion procedures are initiated, (1) is unincorporated, and (2) is in the same county as the annexing municipal corporation, shall have its area included in determining the aggregate external boundary.
36-36-92. (a) The governing body of each municipal corporation of the state may annex to trie existing corporate limits thereof unincorporated islands which are contiguous to the existing limits at the time of such annexation upon compliance with the procedures set forth in this article and in accordance with the procedures provided in Article 1 of this chapter.
(b) Annexation of unincorporated islands as authorized in subsection (a) of this Code section shall be accomplished by ordinance at a regular meeting of the municipal governing authority. After the adoption of the annexation ordinance, an identification of the property annexed shall be filed with the Secretary of State and with the governing authority of the county in which the property is located, in accordance with Code Section 36-36-3.
(c) Annexation of an unincorporated island as authorized by subsection (a) of this Code section, which unincorporated island directly abuts more than one municipality, shall be by the municipality which abuts the unincorporated island along the greatest percentage of its external boundary as provided in this Code section, unless otherwise agreed to by the af fected municipalities.
(d) Annexations under this article shall be at the sole discretion of the governing body of each municipality.
(e) The provisions of this article with regard to annexation of unincorporated islands is sevefible as to each city and to the annexation of each unincorporated island therein. The implementation of each annexation pursuant to this article is contingent upon preclearance of each annexation by the U.S. Justice Department pursuant to Section 5 of the Voting Rights Act of 1965, 42 U.S.C. 1973(c). Any City annexing an unincorporated island pursuant to this article shall submit such annexation to the U.S. Justice Department for preclearance

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not later than sixty (60) days following the date of adoption of the annexation ordinance by the municipal governing authority."
Section 4. 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 113 offered by the Senate Committee on Urban and County Affairs by inserting on page 28, line 16, after the word "authority" the following:
", upon receipt of the written and signed application of not less that 60 percent of the electors resident in the area included in any such application and of the owners of not less than 60 percent of the land area, by acreage, included in such application."

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 Bishop Broun of 46th Brown of 26th Burton Clay Collins Deal Echols Edge Egan English Foster

Hammill Hasty Hill Hooks Huggins Marable Moye Newbill Perdue Perry Pollard Ragan of 10th Ragan of 32nd

Ramsey Robinson Scott Starr Steinberg Tate Taylor Thompson Turner Tysinger Walker of 22nd Walker of 43rd White

Those voting in the negative were Senators:

Baldwin Bowen Coleman Dawkins

Dean Garner Harris Henson

Langford Phillips Timmons

Those not voting were Senators:

Gillis Johnson

Kidd Ray

Shumake

On the adoption of the amendment, the yeas were 40, nays 11, and the amendment was adopted.

On the adoption of the substitute, the yeas were 36, nays 0, and the substitute was adopted as amended.

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

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

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Those voting in the affirmative were Senators:

Albert Alien Baldwin Bishop Bowen Broun of 46th Brown of 26th Burton Coleman Collins Dawkins Dean Echols Egan English

Foster Gillis Hammill
Harris Hasty Hill Hooks Huggins Langford Marable Moye Newbill Perdue Perry

Those voting in the negative were Senators:

Phillips Pollard Ragan of 10th Ramsey Robinson Scott Starr Tate Timmons Turner Tysinger Walker of 22nd Walker of 43rd White

Clay

Garner

Ragan of 32nd

Deal

Henson

Thompson

Edge

Those not voting were Senators:

Johnson Kidd

Ray Shumake

Steinberg Taylor

On the passage of the bill, the yeas were 43, nays 7.

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 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 House substitute to SB 149 was as follows:
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

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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 as a state court judge' mcana 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 atntc 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 together with 6 percent interest thereon com pounded annually?
(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
{e) (2) For a member who has withdrawn contributions from the Trial Judges and Solic itors Retirement Fund, the amount provided in subsection (c) of this Code section shall be paid as follows:
ft} (A) That portion of the amount provided for in subsection (c) of this Code section 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
{3} (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 subsection 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

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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 whicTTis 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 seicurity, for prior service as defined by subsection (a) of this Code section shall be eligible to obpitain creditable service under this Code section.
t& (h) 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.

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:

March 6, 1991

SUBJECT: Senate Bill 149 (Substitute) (LC 21 1746S) Superior Court Judges Retirement System

As amended, this Bill authorizes certain prior service credit for members of the Supe rior 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 requirements and payments necessary for obtaining such service credit.

This is to certify that the changes made in this substitute Bill (requiring members to pay 6% interest on the employee and employer contributions payments made to receive the

FRIDAY, MARCH 20, 1992

2029

creditable service), are a reduction in cost amendment as denned in the Public Retirement Systems Standards Law.
/a/ G. W. Hogan State Auditor
Senator Bishop of the 15th moved that the Senate agree to the House substitute to SB 149.
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 Clay Coleman Collins Dawkins Deal Dean Echols Edge

Egan English Foster Hammill Harris Henson Hill Hooks Huggins Johnson Langford Marable Newbill Perdue Perry Phillips

Pollard Ragan of 10th Ragan of 32nd Ramsey Robinson Scott Starr Tate Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White

Those not voting were Senators:

Garner Gillis Hasty

Kidd Moye Ray

Shumake Steinberg Taylor

On the motion, the yeas were 47, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 149.

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

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.
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 Bishop

Bowen Broun of 46th Brown of 26th

Burton Clay Coleman

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JOURNAL OF THE SENATE

Collins Dawkins
Deal Dean ^hols g| English Foster Hammill Harris Hasty Henson

Hill Hooks
Huggins Johnson Marable Newbill Perdue Perrv Phillips Pollard Ragan of 10th Ragan of 32nd

Rarasey Robinson
Scott Starr Steinberg Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White

Those not voting were Senators:

Baldwin Garner Gillis Kidd

Langford Moye Ray

Shumake Tate Taylor

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

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

Senator Deal of the 49th, President Pro Tempore, resumed the Chair.

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.

Senate Sponsor: Senator Alien of the 2nd.

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

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

Those voting in the affirmative were Senators:

Albert Alien Baldwin Bishop Bowen Broun of 46th Brown of 26th Burton Clay Coleman Collins Dawkins
Dean
Echols Edge
Egan English

Foster Garner Hammill Harris Hasty Henson Hill Hooks Huggins Johnson Langford Marable
Newbill
Perdue Perry
Phillips Pollard

Ragan of 10th Ragan of 32nd Ramsey Robinson Scott Starr Steinb rp . TnvW ,i*ylor Thompson Timmons
Turner
Tysinger Walker of 22nd
Walker of 43rd White

FRIDAY, MARCH 20, 1992

2031

Those not voting were Senators:

Deal (presiding) Gillis

Kidd Moye

Ray Shumake

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

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

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

Mr. President:

The House has passed, as amended, by the requisite constitutional majority the follow ing bill 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.

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

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

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.

The House amendment was as follows:

Amend SB 616 by inserting on line 24 of page 2 after "system" and before "within" the following:
"of a public road".

Senator Thompson of the 33rd moved that the Senate agree to the House amendment to SB 616.

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

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JOURNAL OF THE SENATE

Those voting in the affirmative were Senators:

Albert Alien Baldwin
Bishop Bowen
Brown of 26th Burton Clay Coleman Collins
Dawkins Dean
Echols Edge Egan English

Foster Garner Gillis
Harris Hasty
Henson Hill Hooks Huggins Johnson
Marable Moye
Newbill Perdue Perry Phillips

Pollard Ragan of 10th Ragan of 32nd
Ramsey Robinson
Starr Steinberg Tate Taylor Thompson
Timmons Turner
Tysinger Walker of 22nd Walker of 43rd White

Those not voting were Senators:

Broun of 46th
Deal (presiding) Hammill

Kidd
Langford Ray

Scott Shumake

On the motion, the yeas were 48, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 616.

Senator Taylor of the 12th introduced the Westover High School boys basketball team from Albany, Georgia, who have been 3-time state champions in AAA basketball.

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

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 House substitute to SB 585 was as follows:

A BILL
To be entitled an Act 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; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 8-3-50 of the Official Code of Georgia Annotated, relating to the

FRIDAY, MARCH 20, 1992

2033

appointment of local housing authority commissioners, is amended by striking paragraph (3) of subsection (b) and inserting in lieu thereof a new paragraph (3) to read as follows:
"(3) In any county with a population of 550,000 or more according to the United States decennial census of 1070 1990 or any future such census in which the governing body has adopted a resolution as provided in Code Section 8-3-5, the governing body shall, in addi tion to the other commissioners authorized under paragraph (1) of this subsection, appoint one commissioner two commissioners to be known as 'resident commiaaieBef commissioners' who shall be a resident residents of a housing project located within the unincorporated areas of said county. The tenants of each housing project located within the unincorporated areas of the county shall, upon request of the governing body of the county, be entitled to nominate one resident of said housing project for the appointment as resident commis sioner, and the governing body shall appoint ee two of said nominees as resident commiaatee commissioners. %% Such resident commissiettei1 commissioners shall be appointed for a-4efm terms of Office of one year and shall have no vote be voting members. In the event any person serving as resident commissioner ceases to be a resident of a housing project located within the unincorporated area of said county, then such person shall cease to be a resident commissioner and a vacancy shall result. Vacancies in the office of resident commis sioner shall be filled for the unexpired term by appointment by the governing body of said county."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

Senator Tate of the 38th moved that the Senate agree to the House substitute to SB 585.

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 Brown of 26th
^CCoou,llrletiomnnsan Dawkins j)ean Echols Edge Egan English Foster

Harris Hasty Henson Hill Hooks Huggins
L,p,aanragbf,ol.erd Mye Newbill Perdue Perry Phillips Pollard Ragan of 10th

Ragan of 32nd Ramsey Robinson Scott Starr Steinberg
TmZa^tei1"1 Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White

Those not voting were Senators:

Bishop Clay Deal (presiding) Garner

Gillis Hammill Johnson

Kidd Ray Shumake

On the motion, the yeas were 46, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 585.

2034

JOURNAL OF THE SENATE

The following resolution of the House was read and put upon its adoption:
HR 1106. By Representatives Lee of the 72nd, Walker of the 115th, Watts of the 41st and others: A resolution relative to adjournment by the General Assembly at 5:00 o'clock P.M. on Friday, March 20, 1992, and to reconvene on Monday, March 23, 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 35, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
Senator Thompson of the 33rd introduced several people participating in the Pinch Hitter Program of the Atlanta Gate City Lodge of B'nai B'rith, which was recognized by SR 545, adopted previously.
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has passed, by substitute, by the requisite constitutional majority the fol lowing bills of the Senate:
SB 680. By Senators Steinberg of the 42nd, Shumake of the 39th, Johnson of the 47th 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, 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 House has adopted, by substitute, by the requisite constitutional majority the fol lowing resolution of the Senate:
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 following general resolutions and bills of the House, favorably reported by the com mittees, were read the third time and put upon their passage:
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. Senate Sponsor: Senator English of the 21st.
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:

FRIDAY, MARCH 20, 1992

2035

Those voting in the affirmative were Senators:

Albert Alien Baldwin Bishop
Bowen Broun of 46th
Brown of 26th Burton Clay CCoollleimnsan Dawkins Dean Echols Edge Egan English

Foster Garner Hammill Harris
Hasty Henson
Hill Hooks Huggins JMoharnasbolne Moye Newbill Perdue Perry Phillips Pollard

Ragan of 10th Ragan of 32nd Ramsey Robinson Scott Starr Steinberg
. ,Ti*hoympson Iimmons Turner Tysinger Walker of 22nd Walker of 43rd White

Those not voting were Senators:

Deal (presiding) Gillis

Kidd Langford

Ray Shumake

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

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

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.
Senate Sponsors: Senators Walker of the 22nd and Albert of the 23rd.

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

On the passage of the 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 Dean Echols Egan

English Foster Garner Harris Hasty Henson Hill Hooks Huggins Johnson Langford Marable Newbill Perry

Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Robinson Scott Starr Steinberg Tate Taylor Thompson Timmons Turner

2036

JOURNAL OF THE SENATE

Tysinger Walker of 22nd

Walker of 43rd

White

Those not voting were Senators:

Clay Deal (presiding) Edge Gillis

Hammill Kidd Moye

Perdue Ray Shumake

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

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

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.
Senate Sponsor: Senator Coleman of the 1st.

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

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

Those voting in the affirmative were Senators:

Albert Alien Baldwin Bishop Bowen Broun of 46th Brown of 26th Burton Clay Coleman Collins Dawkins Dean Echols Edge Egan

English Foster Garner Harris Hasty Henson Hill Hooks Huggins Johnson Langford Moye Newbill Perdue Perry Phillips

Pollard Ragan of 10th Ragan of 32nd Ramsey Robinson Scott Starr Tate Taylor Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White

Those not voting were Senators:

Deal (presiding) Gillis Hammill

Kidd Marable Ray

Shumake Steinberg

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

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

FRIDAY, MARCH 20, 1992

2037

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.
Senate Sponsors: Senators Gillis of the 20th and 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 Coleman Collins Dawkins Dean Echols Edge Egan English

Foster Garner Harris Hasty Henson Hill Hooks Huggins Johnson 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:

Clay Deal (presiding) Gillis

Hammill Kidd Ray

Shumake Taylor

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

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

HB 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.
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 Brown of 26th

Burton Clay Coleman

2038

JOURNAL OF THE SENATE

Collins Dawkins Dean Echols Eds*
fEp;0ngsgatfle.isrh, Garner Harris Hasty Henson Hill Hooks

Muggins Johnson Langford Marable Moye
_PNeerwd,buiell Perrv Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey

Robinson Scott Starr Steinberg Tate
T_T,ahyo' lmorpson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White

Those not voting were Senators:

Broun of 46th Deal (presiding) Gillis

Hammill Kidd

Ray Shumake

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

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

The following 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 20, 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 20, 1992. It contains the Docket Numbers 1591 through 1599. We have voided 0 entries, leaving a total 9 registered this week. We have 1230 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 20, 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

FRIDAY, MARCH 20, 1992

2039

the Capitol, in the City of Atlanta, this 20th 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)

M Max Cleland Secretary of State.

American Cancer Society/GA Division Joni Jackson 115 Fifth Street Atlanta, Georgia 30303 (404) 892-0026
Distilled Spirits Institute of the United States John L. Taylor, Jr. 3399 Peachtree Road Ste. 1700, Lenox Bldg. Atlanta, Georgia 30326 (404) 841-3200
GA. Hazardous Waste Management Authority Bill Wells 254 Washington Street Atlanta, Georgia 30334 (404) 651-5126
Georgia Crown Distributing Co. Donald M. Leebern, Jr. 255 Villanova Drive, S.W. Atlanta, Georgia 30337 (404) 344-9550
Georgia School Plant Maintenance Patricia J. Ellis 3411 Austell Road Bldg. 1 Suite 200 Marietta, Georgia 30060 (404) 434-3352
Home Detention Services De'Wayne La'Mar Richardson 627 5th Avenue Columbus, Georgia 31907 (404) 322-3326

Independent Lobbyist For Fathers (Custo dial) Rights Donald C. Yarn P.O. Box 1561 Stone Mountain, Georgia 30086 (404) 484-8552
Modern Free And Accepted Masons Of The World, Incorporated De'Wayne La'Mar Richardson 627 5th Avenue Columbus, Georgia 31907 (404) 322-3326
Ringgold Telephone Company Claudia B. Ward P.O. Box 869 Ringgold, Georgia 30736 (404) 965-2345
Ringgold Telephone Company T. L. John Selmon P.O. Box 869 Ringgold, Georgia 30736 (404) 965-2345
World Wrestling Federation John L. Taylor, Jr. 3399 Peachtree Road Ste. 1700, Lenox Bldg. Atlanta, Georgia 30326 (404) 841-3200

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 144.
Respectfully submitted,
/s/ Waymond C. Huggins, Chairman Senator, District 53

2040

JOURNAL OF THE SENATE

Senator Garner of the 30th moved that the Senate, pursuant to HR 1106 adopted previ ously, stand in recess until 5:00 o'clock P.M. today, and at that time stand adjourned until 10:30 o'clock A.M. on Monday, March 23, and the motion prevailed.
At 12:32 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. today, and at that time stand adjourned until 10:30 o'clock A.M. on Monday, March 23.

MONDAY, MARCH 23, 1992

2041

Senate Chamber, Atlanta, Georgia Monday, March 23, 1992
Thirty-sixth Legislative Day

The Senate met pursuant to adjournment at 10:30 o'clock A.M. today and was called to order by Senator Dean of the 31st.
Senator Muggins of the 53rd reported that the Journal of the proceedings of Friday, March 20, 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 2049. By Representatives Breedlove of the 60th, Barnett of the 59th, Mobley of the 64th, Wall of the 61st and Orr of the 9th: A bill to amend an Act creating the board of commissioners of Gwinnett County, so as to reapportion the commissioner districts.
HB 2070. By Representatives Williams of the 90th, Padgett of the 86th and Connell of the 87th: A bill to amend an Act establishing the compensation of certain officials in Rich mond County, so as to change the compensation of certain officials.
HB 2078. By Representative Floyd of the 135th: A bill to amend an Act establishing the membership of the Board of Education of Dooly County, so as to provide new education districts for the election of mem bers of the board.
HB 2080. By Representative Floyd of the 135th: A bill to amend an Act creating a board of commissioners of Dooly County, so as to provide districts from which the members of the Board of Commissioners of Dooly County shall be elected.
HB 2081. By Representative Perry of the 5th: A bill to provide that the governing authority of the City of Summerville may conduct a nonbinding referendum on the question of whether to abolish the posi tion of city manager and adopt the position of a full-time mayor.
HB 2086. By Representatives Kilgore of the 42nd, Watts of the 41st and Simpson of the 70th: A bill to amend the "Douglasville-Douglas County Water and Sewer Authority Act," so as to provide for additional powers of the Authority with respect to certain contracts, agreements, leases, or other instruments.

2042

JOURNAL OF THE SENATE

HB 2087. By Representatives Kilgore of the 42nd, Watts of the 41st and Simpson of the 70th:
A bill to amend an Act known as the "Douglas County Community Improvement Districts Act," so as to provide for the activation of community improvement districts which include areas within the incorporated area of the City of Douglasville.
HB 2090. By Representative Balkcom of the 140th:
A bill to amend an Act creating a Board of Commissioners of Early County, so as to change the provisions relating to the commissioner districts in said county.
HB 2091. By Representative Birdsong of the 104th:
A bill to provide a $15,000.00 homestead exemption from certain ad valorem taxes levied by, for, or on behalf of the Wilkinson County School District for residents of that district who are 62 years of age or older and whose net income does not exceed $15,000.00.
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 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.
SB 535. By Senators Johnson of the 47th, Garner of the 30th, Deal of the 49th and others:
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 certain regulatory agencies; to provide for legislative intent; to provide for a definition.
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 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.

MONDAY, MARCH 23, 1992

2043

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.
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 House has adopted by the requisite constitutional majority the following resolu tions 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.
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 following bills of the Senate were introduced, read the first time and referred to committee:
SB 866. By Senator Broun of the 46th: A bill to amend an Act establishing the Unified Government of Athens-Clarke County, Georgia, as amended, so as to provide how membership positions on the Athens-Clarke County Industrial Development Authority shall be construed as a result of the changes effected by the governmental reorganization which resulted in that Unified Government; to provide for legislative findings.
Referred to Committee on Urban and County Affairs.
SB 867. 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; to repeal a specific law.
Referred to Committee on Urban and County Affairs.
The following bills of the House were read the first time and referred to committee:
HB 2049. By Representatives Breedlove of the 60th, Barnett of the 59th, Mobley of the 64th and others: A bill to amend an Act creating the board of commissioners of Gwinnett County, so as to reapportion the commissioner districts.
Referred to Committee on Urban and County Affairs.

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JOURNAL OF THE SENATE

HB 2070. By Representatives Williams of the 90th and Padgett of the 86th: A bill to amend an Act establishing the compensation of certain officials in Rich mond County, so as to change the compensation of certain officials.
Referred to Committee on Urban and County Affairs.
HB 2078. By Representative Floyd of the 135th: A bill to amend an Act establishing the membership of the Board of Education of Dooly County, so as to provide new education districts for the election of mem bers of the board.
Referred to Committee on Urban and County Affairs.
HB 2080. By Representative Floyd of the 135th: A bill to amend an Act creating a board of commissioners of Dooly County, so as to provide districts from which the members of the Board of Commissioners of Dooly County shall be elected.
Referred to Committee on Urban and County Affairs.
HB 2081. By Representative Perry of the 5th:
A bill to provide that the governing authority of the City of Summerville may conduct a nonbinding referendum on the question of whether to abolish the posi tion of city manager and adopt the position of a full-time mayor. Referred to Committee on Urban and County Affairs.
HB 2086. By Representatives Kilgore of the 42nd, Watts of the 41st and Simpson of the 70th: A bill to amend the "Douglasville-Douglas County Water and Sewer Authority Act," so as to provide for additional powers of the Authority with respect to certain contracts, agreements, leases, or other instruments.
Referred to Committee on Urban and County Affairs.
HB 2087. By Representatives Kilgore of the 42nd, Watts of the 41st and Simpson of the 70th: A bill to amend an Act known as the "Douglas County Community Improvement Districts Act," so as to provide for the activation of community improvement districts which include areas within the incorporated area of the City of Douglasville.
Referred to Committee on Urban and County Affairs.
HB 2090. By Representative Balkcom of the 140th:
A bill to amend an Act creating a Board of Commissioners of Early County, so as to change the provisions relating to the commissioner districts in said county. Referred to Committee on Urban and County Affairs.
HB 2091. By Representative Birdsong of the 104th: A bill to provide a $15,000.00 homestead exemption from certain ad valorem taxes levied by, for, or on behalf of the Wilkinson County School District for residents of that district who are 62 years of age or older and whose net income does not exceed $15,000.00.
Referred to Committee on Urban and County Affairs.

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2045

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 1540. Do pass. HB 1691. Do pass. HB 1723. Do pass.
Respectfully submitted,
Senator English of the 21st 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 332. HB 1307. HB 1377. HB 1399. HB 1405.

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

HB 1562. Do pass. HB 1583 Do pass.
HB 1675. Do pass. HB 1692' Do Pas8'

HB 1561. Do pass.

HB 1979. 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 House and has instructed me to report the same back to the Senate with the follow ing recommendations:

HB 1202. Do pass by substitute. HB 1502. Do pass as amended.

HB 1676. Do pass as amended. HB 1933. Do pass as amended.

Respectfully submitted,

Senator Pollard of the 24th 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 1474. Do pass by substitute. HB 1599. Do pass by substitute.
Respectfully submitted,
Senator Edge of the 28th District, Chairman

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JOURNAL OF THE SENATE

Mr. President:

The Committee on Urban and County Affairs has had under consideration the following resolution of the House and has instructed me to report the same back to the Senate with the following recommendation:
HR 997. 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 863. Do pass.

HB 1988. Do pass by substitute.

SB 864. SB 865. SB 848. HB 1319. HB 1366. HB 1615. HB 1619. HB 1712. HB 1737. HB 1777. HB 1926. HB 1954. HB 1972.

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

HB 2021. HB 2023. HB 2026. HB 2052. HB 2055. HB 2063. HB 2067. HB 2068. HB 2074. HB 2075. HB 2076. HB 2079.

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

HB 1987. Do pass by substitute.

HB 2007. Do pass by substitute.

Respectfully submitted,

Senator Harris of the 27th District, Chairman

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

HB 143. By Representative Watson of the 114th:
A bill to amend Chapter 15 of Title 43 of the Official Code of Georgia Annotated, relating to professional engineers and land surveyors, so as to change the defini tion of certain terms.

HB 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.

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

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2047

a provision excluding computer hardware and software from media center mater ials and equipment.
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.
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.
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.
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.
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 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 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.

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JOURNAL OF THE SENATE

HB 1340. 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.
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.
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.
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 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 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 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 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 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.

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2049

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.
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 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.
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 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 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.
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 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.

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JOURNAL OF THE SENATE

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 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 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 riling 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 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 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.

MONDAY, MARCH 23, 1992

2051

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.
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 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.
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 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 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.
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 payments to assessors by the condemnor, so as to change the population figures

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JOURNAL OF THE SENATE

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 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 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 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.
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.
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.
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.

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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.
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.
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 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.
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 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 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 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.
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.

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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.
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.
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 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.
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.
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 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 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

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2055

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.

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 President assumed the Chair.

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 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

Those not answering were Senators:

Perry Phillips Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Starr Tate Taylor Timmons Turner Tysinger Walker of 43rd White

Bishop Deal Garner

Pollard Shumake Steinberg

Thompson Walker of 22nd

The Lieutenant Governor led the Senators in the Pledge of Allegiance to the Flag of the United States of America.

Senator Dawkins of the 45th introduced the chaplain of the day, Dr. Stephen D. Pow ers, pastor of Rockdale Baptist Church, Conyers, Georgia, who offered scripture reading and prayer.

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The following resolutions of the Senate were read and adopted:
SR 561. By Senators Marable of the 52nd, Dean of the 31st, Moye of the 34th and Ragan of the 32nd: A resolution commending the Georgia Youth Chorale.
SR 562. By Senators Henson of the 55th, Hooks of the 14th, Robinson of the 16th and others: A resolution recognizing and commending Agnes Cowan.
SR 563. By Senator Ray of the 19th: A resolution commending Miss Edith Elizabeth Lett.
SR 564. By Senators Tate of the 38th and Hill of the 4th: A resolution honoring Mr. Roosevelt Wilbur "R. W." Campbell, Sr., on the occa sion of his retirement.
SR 565. By Senators Foster of the 50th, Starr of the 44th, Gillis of the 20th and English of the 21st: A resolution recognizing and commending the Atlanta Motor Speedway.
Senator Starr of the 44th moved that the following resolution of the House be with drawn from the Senate Committee on Finance and Public Utilities and committed to the Senate Committee on Appropriations:
HR 879. By Representative Murphy of the 18th: A resolution compensating Sandra K. Davis in the sum of $6,026.00.
On the motion, the yeas were 36, nays 0; the motion prevailed, and HR 879 was with drawn from the Senate Committee on Finance and Public Utilities and committed to the Senate Committee on Appropriations.
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 23, 1992
THIRTY-SIXTH LEGISLATIVE DAY (The names listed with each bill are the Senators whose districts are affected by the legislation.)
*SB 848 Walker, 22nd Albert, 23rd RICHMOND COUNTY A bill to amend an Act regulating public instruction for the County of Rich mond, approved August 23, 1972 (Ga. L. 1872, p. 456), as amended, particu larly by an Act approved March 29, 1984 (Ga. L. 1984, p. 5119), 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 pro vide for definitions; to provide for terms of office; to repeal conflicting laws; and for other purposes. (SUBSTITUTE)

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SB 863 Ray, 19th TELFAIR COUNTY
A bill to amend an Act providing for the election of members of the Telfair County Board of Education from education districts, approved April 11, 1979 (Ga. L. 1979, p. 3539), as amended, so as to provide that vacancies on the board shall be filled by special election if the unexpired term is more than 180 days; to provide that vacancies shall be filled by majority vote of the board if the unexpired term is 180 days or less; to provide for a referendum; to repeal conflicting laws; and for other purposes.

SB 864 Ragan, 32nd Thompson, 33rd Clay, 37th Newbill, 56th COBB COUNTY
A bill to amend an Act entitled the "Cobb County Community Improvement District Act," approved March 20, 1985 (Ga. L. 1985, p. 4009), 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; to repeal conflicting laws; and for other purposes.

SB 865 Dean, 31st POLK COUNTY
A bill to provide for homestead exemptions from Polk County ad valorem taxes for county purposes and from Polk County School District ad valorem taxes for educational purposes and to reduce bonded indebtedness for certain residents of that county and school district; to provide for definitions; to specify the terms and conditions of the exemptions and the procedures relat ing thereto; to provide for a referendum; to provide for applicability; to re peal conflicting laws; and for other purposes.

*HB 1319

Deal, 49th Newbill, 56th FORSYTH COUNTY
A bill to change the composition of the districts from which members of the board of education of Forsyth County are elected; and for other purposes. (SUBSTITUTE)

*HB 1366

Timmons, llth MITCHELL COUNTY
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; and for other purposes. (SUBSTITUTE)

HB 1615 Marable, 52nd FLOYD COUNTY

Perry, 7th BERRIEN COUNTY

Hill, 4th EFFINGHAM COUNTY

Hooks, 14th SCHLEY COUNTY

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Hooks, 14th SUMTER COUNTY
Pollard, 24th GREENE
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 provide new commissioner districts; and for other purposes.
HB 1619 Hooks, 14th SUMTER COUNTY
A bill to amend an Act to create the Sumter County Public School System, so as to provide new Education Districts; and for other purposes.
HB 1712 Moye, 34th Langford, 35th Scott, 36th Tate, 38th Egan, 40th Steinberg, 42nd Henson, 55th CITY OF ATLANTA
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; and for other purposes.
HB 1737 Hooks, 14th CITY OF SMITHVILLE
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; and for other purposes.
HB 1777 Moye, 34th Langford, 35th Scott, 36th Tate, 38th Egan, 40th Steinberg, 42nd Henson, 55th FULTON COUNTY CITY OF ATLANTA
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 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; and for other purposes.
HB 1926 Moye, 34th Langford, 35th Scott, 36th Tate, 38th Egan, 40th Steinberg, 42nd

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Henson, 55th CITY OF ATLANTA
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; and for other purposes.

HB 1954 Perdue, 18th CITY OF CENTERVILLE
A bill to amend an Act incorporating the City of Centerville, so as to change the corporate limits of said city; and for other purposes.

HB 1972 Henson, 55th CITY OF AVONDALE
A bill to amend an Act incorporating the City of Avondale Estates, so as to provide for the corporate limits of said city; and for other purposes.

*HB 1987

Harris, 27th LAMAR COUNTY
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 members of the board of commissioners are elected; and for other pur poses. (SUBSTITUTE)

*HB 1988

Harris, 27th LAMAR COUNTY
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 districts from which members of the board of education are elected; and for other purposes. (SUBSTITUTE)

*HB 2007

Kidd, 25th BALDWIN COUNTY
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 dis tricts from which members of the board are elected and for other purposes. (SUBSTITUTE)

HB 2021 Kidd, 25th JASPER COUNTY
A bill to amend an Act creating a board of commissioners of Jasper County, so as to reapportion the commissioner districts; and for other purposes.

HB 2023 Harris, 27th MONROE COUNTY
A bill to amend an Act creating a board of commissioners for Monroe County, so as to reapportion the commissioner districts; and for other pur poses.

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HB 2026 Hammill, 3rd CITY OF POOLER
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; and for other purposes.
HB 2055 Hooks, 14th LEE COUNTY
A bill to amend an Act creating the board of commissioners of Lee County, so as to provide new commissioner districts; and for other purposes.
HB 2063 Deal, 49th Newbill, 56th FORSYTH COUNTY
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 dis trict who have annual gross incomes not exceeding $16,000.00 and who are 62 years of age or over or permanently disabled; and for other purposes.
HB 2067 Johnson, 47th JACKSON COUNTY
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 dis trict who have annual earned family incomes not exceeding $18,000.00 and who are 62 years of age or over; and for other purposes.
HB 2068 Ragan, 10th THOMAS COUNTY
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 members of the board of commissioners are elected; and for other pur poses.
HB 2074 Dawkins, 45th WALTON COUNTY
A bill to amend an Act changing the manner and method of choosing mem bers of the board of education of Walton County, so as to provide new educa tion districts; and for other purposes.
HB 2076 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 of that school district, so as to provide for an additional homestead exemption; and for other purposes.
HB 2079 Bowen, 13th CRISP COUNTY
A bill to amend an Act changing the method of compensating the clerk of the superior court, the sheriff, the judge of the probate court, and the tax com missioner of Crisp County from the fee system to an annual salary basis, so

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as to revise provisions relative to the compensation of the tax commissioner; and for other purposes.
The substitutes to the following bills were put upon their adoption:
*SB 848:
The Senate Committee on Urban and County Affairs offered the following substitute to SB 848:
A BILL
To be entitled an Act to amend an Act regulating public instruction for the County of Richmond, approved August 23, 1872 (Ga. L. 1872, p. 456), as amended, particularly by an Act approved March 29, 1984 (Ga. L. 1984, p. 5119), so as to change the composition of the Board of Education of Richmond County; to reapportion the districts for election of mem bers 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; to provide for procedures; to provide for equal opportunity for employment, promotion, and appointment; to provide for an equal opportunity director; to provide for staff and their duties; to provide for the submission of this Act to the United States Attorney General; to provide for the automatic repeal of this Act if its implementation is not permissible under the federal Voting Rights Act of 1965, as amended, as of a certain date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act regulating public instruction for the County of Richmond, approved August 23, 1872 (Ga. L. 1872, p. 456), as amended, particularly by an Act approved March 29, 1984 (Ga. L. 1984, p. 5119), is amended by striking paragraph (2) of subsection (e) of Section 1 of said Act and inserting in lieu thereof a new paragraph (2) to read as follows:
"(2) For the purpose of electing members of the Board of Education of Richmond County, the Richmond County School District is divided into ten school board districts as follows:
School Board District: 1
RICHMOND COUNTY VTD: 0001 1 VTD: 0002 1A VTD: 0003 2 (Part) Tract: 0007. Block(s): 112, 113, 114, 115, 117, 118, 125, 126, 128, 129, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 319, 320, 323, 324, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 419, 420, 421, 422 Tract: 0009. Block(s): 101, 102, 103, 201, 202, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 401, 404, 405, 406, 407 Tract: 0015. Block(s): 101A, 103, 307, 308, 309 Tract: 0106. Block(s): 902A, 902B, 902C, 906A, 906B, 907, 915A, 915B, 917, 918, 919, 920A VTD: 0004 2A VTD: 0012 5 VTD: 0013 5A VTD: 0019 7 (Part) Tract: 0001.

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Block(s): 209, 210, 211, 302, 303, 304, 305, 409, 410, 413 VTD: 0020 7A VTD: 0021 8 (Part)
Tract: 0001. Block(s): 415, 501, 502, 505, 506, 507, 508, 509, 511, 512, 516A, 516B
VTD: 0022 8A (Part) Tract: 0016. Block(s): 103, 104, 105, 106, 107, 108, 109, 110, 219A, 233
VTD: 0026 85-1
School Board District: 2
RICHMOND COUNTY VTD: 0003 2 (Part) Tract: 0009. Block(s): 402, 403, 408, 409, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 601, 605 VTD: 0005 3 (Part) Tract: 0009. Block(s): 602, 606, 607, 608, 609, 610, 612, 613 Tract: 0010. Block(s): 122, 201, 202, 203, 204, 205, 206, 207, 208, 209, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 419, 420, 422, 423, 430, 431, 432, 433, 434, 435, 440, 441, 444 VTD: 0008 4 VTD: 0009 4A VTD: 0010 4B VTD: 0011 4C VTD: 0014 5B VTD: 0027 85-2 VTD: 0028 85-3 VTD: 0039 88-1 VTD: 0042 88-4 VTD: 0044 88-6
School Board District: 3
RICHMOND COUNTY VTD: 0005 3 (Part) Tract: 0010. Block(s): 406, 415, 416, 417, 418, 428, 429, 436, 437, 438, 439, 442 VTD: 0015 6 (Part) Tract: 0011. Block(s): 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 201, 202, 203, 204, 205, 206 Tract: 0012. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 512, 513 VTD: 0017 6B VTD: 0019 7 (Part) Tract: 0001. Block(s): 201, 202, 203, 204, 205, 206, 207, 208, 212, 213, 301, 411, 412 Tract: 0002. Block(s): 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311 Tract: 0011. Block(s): 101, 102, 103, 104, 105, 209, 210, 211, 212, 213, 214, 215, 216, 217, 301, 302, 303, 310, 311, 312, 315 VTD: 0021 8 (Part) Tract: 0001. Block(s): 414

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Tract: 0011. Block(s): 304, 305, 306, 307, 308, 309, 313, 314, 316, 317, 318, 319, 320, 321
Tract: 0012. Block(s): 605, 606, 607, 608
VTD: 0022 8A (Part) Tract: 0011. Block(s): 207, 208 Tract: 0012. Block(s): 601, 602, 603, 604, 609, 610, 611, 612, 613, 614, 615, 901B Tract: 0016. Block(s): 101, 102, 111, 112, 113, 114, 115, 116, 117, 118, 119, 202A, 205, 206, 207A, 208A, 209, 212, 213A, 215, 216, 217, 218, 226A, 227A
VTD: 0046 89-1 VTD: 0051 89-6 VTD: 0055 89-10 VTD: 0058 90-3 VTD: 0060 90-5 (Part)
Tract: 0016. Block(s): 301, 317, 318, 324, 327, 501, 502, 503B, 504, 513, 515, 516, 517, 901B, 901C
Tract: 0101.05 Block(s): 525, 526, 527, 528, 529, 530, 531, 532
Tract: 0102.01 Block(s): 402, 404, 418, 419, 420, 421, 422, 430, 431
Tract: 0102.03 Block(s): 401, 402, 403
Tract: 0102.04 Block(s): 701, 702, 703, 704, 705, 706, 707, 708, 709, 710, 711, 901, 902, 903, 904, 905
School Board District: 4
RICHMOND COUNTY VTD: 0031 86-3 (Part) Tract: 0107.05 Block(s): 101, 102, 103, 105, 106, 107, 108, 109 VTD: 0032 86-4 (Part) Tract: 0107.03 Block(s): 103, 104, 105, 106, 107, 108, 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 Tract: 0107.04 Block(sO: 101, 103, 148, 149, 150, 151, 152, 153, 154 Tract: 0108. Block(s): 901F VTD: 0049 89-4 VTD: 0053 89-8
School Board District: 5
RICHMOND COUNTY VTD: 0006 3A VTD: 0007 3B VTD: 0015 6 (Part) Tract: 0012. Block(s): 112, 113, 201, 202, 203, 204, 205, 206, 207, 208, 501, 506, 507, 508, 509, 510, 511, 901A Tract: 0013.

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Block(s): 207, 208, 210, 211, 212, 213, 214, 215, 216, 225A VTD: 0016 6A VTD: 0018 6C VTD: 0021 8 (Part)
Tract: 0012. Block(s): 402, 616
VTD: 0023 8B VTD: 0024 8C VTD: 0040 88-2 VTD: 0041 88-3 VTD: 0043 88-5 VTD: 0045 88-7 VTD: 0047 89-2 VTD: 0052 89-7
School Board District: 6
RICHMOND COUNTY VTD: 0030 86-2 (Part) Tract: 0105.10 Block(s): 401 VTD: 0031 86-3 (Part) Tract: 0107.05 Block(s): 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, 244, 245, 246, 247 VTD: 0032 86-4 (Part) Tract: 0107.04 Block(s): 102, 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, 155, 156, 157, 158, 159, 160, 161, 162, 163 VTD: 0035 86-7 VTD: 0036 86-8 (Part) Tract: 0107.06 Block(s): 106, 107, 108, 109, 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: 0050 89-5 VTD: 0063 FGl VTD: 0064 FG2 VTD: 0066 FG4 VTD: 0067 FG5 VTD: 0068 FG6
School Board District: 7
RICHMOND COUNTY VTD: 0037 87-1 VTD: 0038 87-2 VTD: 0056 90-1 VTD: 0057 90-2 VTD: 0059 90-4 VTD: 0060 90-5 (Part) Tract: 0102.01 Block(s): 401, 403, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 426
School Board District: 8
RICHMOND COUNTY

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VTD: 0029 86-1 VTD: 0030 86-2 (Part)
Tract: 0105.10 Block(s): 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
Tract: 0105.11 Block(s): 202, 203, 204, 214, 215, 216, 217, 218, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 321, 322, 323, 324, 325, 326, 414
VTD: 0031 86-3 (Part) Tract: 0107.05 Block(s): 239, 240, 241, 242, 243
VTD: 0033 86-5 VTD: 0034 86-6 VTD: 0036 86-8 (Part)
Tract: 0106. Block(s): 929A, 929B, 930A, 930B, 931, 932, 934, 936B, 941, 942, 943, 945, 946, 947, 948B, 949, 950, 951, 952, 953, 954, 955, 956, 957, 958, 959, 960, 961, 962, 963, 964, 965, 973
Tract: 0107.06 Block(s): 101, 102, 103, 104, 105, 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
Tract: 0109.02 Block(s): 102
VTD: 0048 89-3
School Board District: 9
A combination of School Board Districts 1, 2, 4, and 5 as each is described in detail above by Tract, Block, and VTD.
School Board District: 10
A combination of School Board Districts 3, 6, 7, and 8 as each is described in detail above by Tract, Block, and VTD.
Section 2. Said Act is further amended by striking subsection (f) of Section 1 of said Act and inserting in lieu thereof a new subsection (f) to read as follows:
"(f) 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) Whenever the description of any school board district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census map 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 school board 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 Richmond County School District which is not included in any

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school board district described in this section shall be included within that school board 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

(6) Any part of the Richmond County School District which is described in this section as being included in a particular school board district shall nevertheless not be included within such school board district if such part is not contiguous to such school board district. Such noncontiguous part shall instead be included within that school board district contigu ous to such part which contains the least population according to the United States decen nial census of 1990 for the State of Georgia."

Section 3. Said Act is further amended by striking subsection (g), (h), (i), (j), and (k) of Section 1 of said Act and inserting in lieu thereof new subsections (g), (h), (i), (j), and (k) to read as follows:

"(g) Those members of the Board of Education of Richmond County serving as such on January 1, 1992, under the previously existing provisions of this section shall serve out their respective terms of office but shall be deemed to be serving out those terms in designated school board districts as follows:

Mrs. B. J. Annis Mr. Jerry Brigham Mrs. Mary Ann Brinkman Mr. John Chavous Mr. Bill Lee IV Mr. Y. N. Myers Mrs. Barbara Padgett Mrs. Kingsley Riley Dr. Justine Washington

School Board District 3 School Board District 1 School Board District 8 School Board District 10 School Board District 7 School Board District 5 School Board District 6 School Board District 9 School Board District 2

No board member is assigned to School Board District 4, which shall be filled at the 1992 November general election.

(h) Those members of the board who, under subsection (g) of this section, are deemed to be serving out their terms in designated School Board Districts 1, 5, 8, and 10 shall serve until December 31, 1992, and their respective successors shall be elected from School Board Districts 1, 5, 8, and 10 in the 1992 November general election. The first members first elected from School Board Districts 1, 5, 8, and 10 shall serve, beginning January 1, 1993, for initial terms of four years each and until their respective successors are elected and qualified. Those members of the board who, under subsection (g) of this section are deemed to be serving out their terms in designated School Board Districts 2, 3, 6, 7, and 9 shall serve until December 31, 1994, and until their respective successors are elected and qualified.

(1) At the 1994 November general election, successors to those members of the board from School Board Districts 2, 3, 6, 7, and 9, all of whose terms expire December 31, 1994, shall be elected to serve, beginning January 1, 1995, for terms of four years each and until their respective successors are elected and qualified.

(j) The first member elected from School Board District 4 shall serve, beginning Janu ary 1, 1993, for an initial term of four years and until his or her successor is elected and qualified.

(k) (1) Successors to members of the board whose terms expire after December 31, 1994, shall be elected at the general election immediately preceding the expiration of their respec tive member's term of office, and shall take office on the first day of January immediately following the election for terms of four years and until the election and qualification of their respective successors.

(2) Each member elected to the board in the 1992 November general election or any election thereafter shall be elected by a majority of the voters voting within the school board district of that member."

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Section 4. Said Act is further amended by adding a new Section 1.1 to read as follows:
"Section 1.1. (a) It shall be the policy of the Board of Education of Richmond County that all citizens shall have equal opportunity for employment, promotion, and appointment by the board of education. It shall further be the express policy of the board of education that all persons shall have equal opportunity for conducting business with the board of education to the greatest extent possible.
(b) In furtherance of the policies stated in subsection (a) of this section, the board of education shall employ or assign a person to serve as equal employment opportunity direc tor. This position shall have such staff and duties as the board of education may from time to time determine, and the duties of such person shall include the following:
(1) To advise the board of education and its officers on ways and means to promote and increase business relations between the board of education and minority owned firms and businesses; and
(2) To advise the board of education on ways and means to promote minority business opportunities within the jurisdiction of the board of education and to implement such pro grams as the board of education may adopt to promote minority business opportunities."
Section 5. (a) It shall be the duty of the attorney of the Board of Education of Rich mond County to submit this Act to the United States Attorney General for review under the federal Voting Rights Act of 1965, as amended; and it shall be the duty of the Board of Education of Richmond County to direct and ensure that such submission is made by the board's attorney or some other attorney if the board's attorney fails to act. It shall be the duty of the board of education and the board's attorney to ensure that such submission has been completed not later than 30 days after the Governor approves this Act or it becomes law without such approval and to ensure that such submission contains all materials neces sary or appropriate to a prompt and favorable ruling on this Act by the Attorney General.
(b) If, as of the first date upon which candidates may begin qualifying for nomination as candidates for members on the Board of Education of Richmond County for election 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 6. 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 1319:
The Senate Committee on Urban and County Affairs offered the following substitute to HB 1319:
A BILL
To be entitled an Act to provide for the Board of Education of Forsyth County and to consolidate and restate provisions of law relating to the board; to provide for the election of the members of the board; to provide for a chairman and vice-chairman; to provide for districts; to provide for qualifications, terms of office, duties, and compensation of members of the board; to provide for definitions and inclusions; to provide for submission of this Act to the United States Attorney General; to provide for computation of the election results by the superintendent; to provide for a referendum; to repeal specified Acts and a specified amendment to the Constitution; 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. (a) The Board of Education of Forsyth County shall be composed of five

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members who shall be elected as provided in this Act. At the first meeting of the board in each year, the members shall elect from their number a chairman and a vice-chairman to serve for that year. The members of the Board of Education of Forsyth County in office on the effective date of this Act, and any person selected to fill a vacancy in such office, shall continue to serve for the remainder of the terms for which they were elected.
(b) For the purpose of electing the members of said board of education at the state wide general election in 1992 and thereafter, the Forsyth County School District shall be divided into five education districts as follows:
Education District: 1
FORSYTH COUNT VTD: 0007 CUMMINGS VTD: 0010 MIDWAY (Part) Tract: 1304. Block(s): 229, 233, 234, 308, 309
Education District: 2
FORSYTH COUNTY VTD: 0001 BIG CREEK VTD: 0002 BRANDYWINE VTD: 0010 MIDWAY (Part) Tract: 1303. Block(s): 217, 218, 219, 220, 229, 230, 231, 232, 233, 234, 235, 236, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250
Education District: 3
FORSYTH COUNTY VTD: 0005 COAL MOUNTAIN (Part) Tract: 1302. Block(s): 234, 264, 265, 268 Tract: 1304. Block(s): 106, 107, 108, 113, 115 VTD: 0009 MATT (Part) Tract: 1302. Block(s): 220, 222, 223 VTD: 0010 MIDWAY (Part) Tract: 1303. Block(s): 204, 205, 206, 207, 208, 209, 210, 212, 213, 214, 215, 216, 221, 222, 223, 224, 225, 226, 227, 228, 237 Tract: 1304. Block(s): 235, 236, 307, 326, 327 VTD: 0011 SAWNES
Education District: 4
FORSYTH COUNTY VTD: 0004 CHESTATEE (Part) Tract: 1301. Block(s): 132, 134, 136, 137, 139, 145, 146, 149, 150, 151, 152, 153, 154, 155, 156, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 175, 196, 197, 301, 302, 303, 304, 305, 306, 307, 308, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323 Tract: 1305. Block(s): 101, 102, 103, 105, 106, 107, 114, 115, 116 VTD: 0005 COAL MOUNTAIN (Part) Tract: 1301. Block(s): 128, 189, 190 Tract: 1302.

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Block(s): 207, 208, 209, 210, 235, 236, 237, 238, 239, 240, 241, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 266, 267, 269, 270, 271, 272, 273, 274, 275, 276
Tract: 1304. Block(s): 109, 110, 111, 134A, 134B, 135, 136, 137, 138, 139A, 139B, 140A, 140B, 1400, 140D, 141A, 141B
VTD: 0006 CROSSROADS VTD: 0009 MATT (Part)
Tract: 1302. Block(s): 110, 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, 156, 157, 158, 159, 211, 212, 213, 214, 215, 216, 217, 218, 219, 221, 228, 229, 230, 231, 232, 233
Education District: 5
FORSYTH COUNTY VTD: 0003 CHATTAHOOCHE VTD: 0004 CHESTATEE (Part) Tract: 1301. Block(s): 135, 140, 141, 142, 143, 144, 147, 148, 173, 174, 177, 178, 179, 180, 181, 182, 183, 184, 185, 186, 187, 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, 309, 310, 311 Tract: 1305. Block(s): 104, 108, 109, 110, 111, 112, 113, 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 VTD: 0008 MASHBURN
For purposes of this section:
(1) The terms "Tract," "Block," and "VTD" shall mean and describe the same geo graphical 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) Whenever the description of any education district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census map 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 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;
(5) Any part of the Forsyth County School District which is not included in any educa tion district described in this section shall be included within that education district contig uous to such part which contains the least population according to the United States decen nial census of 1990 for the State of Georgia; and
(6) Any part of the Forsyth County School District which is described in this section as being included in a particular education district shall nevertheless not be included within such education district if such part is not contiguous to such education district. Such non contiguous 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.

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(c) In order to be eligible to hold office as a member of said board, a person must be a resident of the Forsyth County School District and the education district from which such person is offering as a candidate for at least one year immediately preceding the election. All elections under this Act shall be held in accordance with the provisions of Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code."
Section 2. The members of the Board of Education of Forsyth County shall be elected from education districts by the voters voting in the entire Forsyth County School District.
Section 2A. One member shall be elected to the Board of Education of Forsyth County from each education district by the voters voting in only the education district from which such candidate offers.
Section 3. (a) The first members of the board of education elected under this Act from Education Districts 3, 4, and 5 shall be elected at the general election in November, 1992, and shall take office on the first day of January following their election for terms of four years and until their respective successors are elected and qualified.
(b) The first members of the board of education elected under this Act from Education Districts 1 and 2 shall be elected at the general election in 1994 and shall take office on the first day of January following their election for terms of four years and until their respective successors are elected and qualified.
(c) Thereafter, successors to all members of the board of education whose terms of of fice are to expire shall be elected at the general election immediately preceding the expira tion of such terms and shall take office on the first day of January following their election for terms of four years and until their respective successors are elected and qualified.
Section 4. (a) The chairman of the Board of Education of Forsyth County shall receive as compensation the sum of $150.00 per month, payable only from tax funds available to the county board of education for educational purposes.
(b) Members of the board of education other than the chairman shall receive as com pensation the sum of $100.00 per month, payable only from tax funds available to the county board of education for educational purposes.
Section 5. (a) In addition to amounts received as compensation, the chairman and each member of the Board of Education of Forsyth County shall receive a per diem expense allowance of $59.00, up to a maximum of four days per month.
(b) While traveling inside or outside the state as a member of a committee of the board on official business first authorized by a majority of the board, the chairman or the members shall receive reimbursement for actual expenses necessarily incurred in connection therewith.
(c) Any amounts paid under this section shall be paid only from tax funds available to the county board of education for educational purposes.
Section 6. (a) 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 Forsyth County to submit this Act to the United States Attorney General for approval.
(b) If, as of the first date upon which candidates for the board of education from Edu cation Districts 3, 4, and 5 may begin qualifying for the general primary in 1992, implemen tation of this Act under the federal Voting Rights Act of 1965, as amended, is:
(1) Permissible, then Sections 1 and 8 of this Act shall become effective immediately and those candidates from Education Districts 3, 4, and 5 and all future candidates from each education district shall qualify from the newly described districts specified in Section 1 of this Act; or
(2) Not permissible, then Sections 1 and 8 of this Act shall not become effective, except as provided in subsection (c) of this section, and those candidates from Education Districts

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3, 4 and 5 shall qualify from the existing education districts and not from those specified in Section 1 of this Act.

(c) If, pursuant to paragraph (2) of subsection (b) of this section, Sections 1 and 8 of this Act have not become effective but, on or before the first date upon which candidates from Education Districts 1 and 2 may begin qualifying for the general primary in 1994, implementation of this Act under the federal Voting Rights Act of 1965, as amended, is:

(1) Permissible, then Sections 1 and 8 of this Act shall become effective upon such first date for qualifying in 1994, and those candidates from Education Districts 1 and 2 and all future candidates from each education district shall qualify from the newly described educa tion districts specified in Section 1 of this Act; or

(2) Not permissible, then this Act shall be void and stand repealed on that date.

(d) For purposes of the first election of candidates to the board of education from Edu cation Districts 3, 4, and 5 to be held at the general election in November, 1992, each candi date shall qualify for election from the education district in which such candidate resides as such district is determined pursuant to subsection (b) of this section. The election superin tendent shall place the names of all candidates for such districts on the general primary ballot for submission county wide to all the electors of the Forsyth County School District but shall count the votes cast for such candidates according to whether Section 2 or 2A of this Act becomes effective pursuant to Section 7 of this Act.

Section 7. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Forsyth County shall call and conduct an election as provided in this section for the purpose of submitting Section 2 of this Act to the electors of the Forsyth County School District for approval or rejection. The election superintendent shall conduct that election on the date of the general primary in 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 Forsyth County. The ballot shall have written or printed thereon the words:

"[ ] YES [ ] NO

Shall Section 2 of an Act be approved which provides for the continuing election of the members of the Board of Education of Forsyth County by the voters of the entire county?"

All persons desiring to vote for approval of Section 2 of the Act shall vote "Yes," and those persons desiring to vote for rejection of such provision of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of Section 2 of the Act, it shall become of full force and effect immediately and Section 2A of this Act shall not become effective and shall be automatically repealed. If Section 2 of the Act is not so ap proved, if implementation of Section 2 of the Act is not permissible under the federal Vot ing Rights Act of 1965, as amended, or if the election is not conducted as provided in this section, Section 2 shall not become effective and shall be automatically repealed, and Sec tion 2A of this Act shall become of full force and effect immediately.

The expense of such election shall be borne by Forsyth County. It shall be the superin tendent's duty to certify the result thereof to the Secretary of State.

Section 8. The following are repealed in their entirety:

(1) An amendment to the Constitution providing for the election of members of the Board of Education of Forsyth County proposed by Resolution Act No. 159 (House Resolu tion No. 478-1190) of the 1964 General Assembly (Ga. L. 1964, p. 975), which was duly ratified at the 1964 general election and an Act to continue said amendment in force and effect as a part of the Constitution of the State of Georgia, approved March 18, 1985 (Ga. L. 1985, p. 3704);

(2) An Act changing the composition of the districts from which members of the Board of Education of Forsyth County are elected, approved March 29, 1983 (Ga. L. 1983, p. 4481); and

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(3) An Act providing for the compensation of the chairman and members of the Board of Education of Forsyth County, approved March 27, 1985 (Ga. L. 1985, p. 4411), as amended by an Act approved April 4, 1991 (Ga. L. 1991, p. 4191).
Section 9. Except as otherwise provided in Sections 6 and 7 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 10. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 46, nays 0, and the substitute was adopted.
*HB 1366:
The Senate Committee on Urban and County Affairs offered the following substitute to HB 1366:
A BILL
To be entitled an Act to amend an Act providing for the election of the members of the Board of Education of Mitchell County, approved March 4, 1970 (Ga. L. 1970, p. 2239), so as to change the composition of the education districts; to provide for certain definitions and inclusions; to provide for legislative intent; to implement the provisions of a certain consent decree; to provide for elections, procedures, and qualifications; to provide for vacan cies; to provide for a chairman; to require submission of this Act to the United States Attor ney General for certain approval; to provide for automatic repeal of this Act under certain circumstances; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act providing for the election of the members of the Board of Education of Mitchell County, approved March 4, 1970 (Ga. L. 1970, p. 2239), is amended by striking Sections 1 through 7 and inserting in lieu thereof new Sections 1 through 6 to read as follows:
"Section 1. It is the intent of the General Assembly in enacting this Act to incorporate the provisions of the consent decree entered on May 10, 1984, in Cochran v. Autry, United States District Court for the Middle District of Georgia, Albany Division, Civil Action No. 79-59-ALB and to provide for the reapportionment of the Board of Education of Mitchell County pursuant to the United States decennial census of 1990.
Section 2. (a) For the purpose of electing members of the Board of Education, the Mitchell County School District shall be divided into seven education districts as follows:
Education District: 1
MITCHELL COUNTY VTD: 0020 COTTON AND HINSONTON (Part) Tract: 9802. Block(s): 231, 232, 233, 240, 241, 242, 243, 244, 245, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265, 266, 267 Tract: 9807. Block(s): 101, 102, 103, 104, 107, 108, 109, 110, 140, 141, 143, 187, 188, 189, 190 VTD: 0035 PEBBLE CITY VTD: 0045 RAIFORD VTD: 0050 SALE CITY
Education District: 2
MITCHELL COUNTY VTD: 0010 CAMILLA NORTH (Part) Tract: 9803.

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Block(s): 201, 202, 203, 204, 205, 206, 207, 208, 220, 221, 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, 334A, 334B, 335, 336, 337A, 337B, 338, 339A, 339B, 340A, 340B, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 351, 352
Tract: 9804. Block(s): 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 426, 427, 428, 429, 430, 431A, 431B, 432, 433A, 433B, 461, 481, 482, 483
VTD: 0015 CAMILLA SOUTH (Part) Tract: 9804. Block(s): 309A, 309B, 320A, 320B, 328, 329, 330, 331, 332, 333, 334, 335, 434, 435, 436, 437, 451, 453, 454, 455, 456, 457A, 457B, 458A, 458B, 458C, 459A, 462, 463A, 463B, 463C, 464A, 464B, 465, 466, 467, 468, 469A, 469B, 473, 474, 475
Education District: 3
MITCHELL COUNTY VTD: 0005 BACONTON VTD: 0010 CAMILLA NORTH (Part) Tract: 9803. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114A, 114B, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124A, 124B, 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, 169, 170, 209, 210, 211, 212, 213, 214
Education District: 4
MITCHELL COUNTY VTD: 0015 CAMILLA SOUTH (Part) Tract: 9803. Block(s): 165, 166, 167, 168, 171, 215, 216, 217, 218, 219 Tract: 9804. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122A, 122B, 123A, 123B, 124, 125, 126, 127A, 127B, 128, 129, 130, 131, 132, 133, 134A, 134B, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 150, 151, 208, 209, 210, 229, 230, 233, 234, 235, 236, 238, 239, 240, 241, 243, 307A, 307B, 307C, 307D, 308, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 321, 322, 323A, 323B, 323C, 324, 326, 438, 439, 440, 441, 442, 443, 444, 445, 446, 447, 448, 449, 450, 452, 470, 471, 472 Tract: 9806. Block(s): 301 VTD: 0020 COTTON AND HINSONTON (Part) Tract: 9807. Block(s): 105, 106, 111, 112, 113, 114, 115, 116, 117, 118, 121, 122, 123, 124, 125, 126, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 142, 144, 145, 146, 147, 148, 149, 150A, 151, 152, 191, 192, 201, 202, 203, 204, 205, 206, 207, 208, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 268, 269, 271 VTD: 0040 PELHAM (Part) Tract: 9807. Block(s): 127, 128, 129, 150B, 153B, 179B, 180, 181B
Education District: 5
MITCHELL COUNTY VTD: 0025 FAIRCLOTH VTD: 0030 PARKER VTD: 0040 PELHAM (Part) Tract: 9806.

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Block(s): 313, 314, 315, 316, 317B, 335B, 336B, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 351, 352, 355, 444B, 445, 449B, 451, 452, 453, 454, 455
Tract: 9807. Block(s): 209, 210, 211, 212B, 214B, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249A, 249B, 250A, 250B, 251A, 251B, 251C, 252, 253, 264, 265, 266, 267, 270, 272A, 272B, 273, 274, 275, 276, 277
Education District: 6
MITCHELL COUNTY VTD: 0015 CAMILLA SOUTH (Part) Tract: 9804. Block(s): 146, 147, 148A, 148B, 148D, 149, 201, 202, 203, 204, 205, 206, 207, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 231, 232, 237, 242, 244, 245, 246A, 246B, 247A, 247B, 248, 249, 301, 302, 303, 304, 305A, 305B, 306, 325, 327 Tract: 9806. Block(s): 101, 102, 103, 104 Tract: 9807. Block(s): 119, 120 VTD: 0040 PELHAM (Part) Tract: 9806. Block(s): 105B, 106B, 201B, 202, 203, 204, 205, 206B, 207, 208, 209B, 210, 211B, 216B, 302 Tract: 9807. Block(s): 154B, 155
Education District: 7 At Large All of Mitchell County School District
(b) For the 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 Mitchell 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 Mitchell 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) Education Districts 1, 2, 3, 4, 5, 6, and 7 At Large as they existed on January 1, 1992, shall continue to be designated as Education Districts 1, 2, 3, 4, 5, 6, and 7 At Large, respectively, but as newly described under this section on and after the date this subsection becomes effective in 1992, and members of the board serving from those former education

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districts shall be deemed to be serving from and representing their respective districts as newly described under this section.
Section 3. (a) Each candidate for membership on the board other than the Education District 7 At-Large member shall be a resident of the education district which such candi date offers to represent and shall be elected by a majority vote of the qualified voters of such district voting in an election therefor.
(b) The Education District 7 At-Large member shall be a resident of the Mitchell County School District and shall be elected by a majority vote of the qualified voters of the entire Mitchell County School District voting in an election therefor.
Section 4. (a) The members of the board of education in office on January 1, 1992, representing former Education Districts 1, 3, and 5, pursuant to the consent decree de scribed in Section 1 of this Act, shall serve out the remainder of the terms to which they were elected, such terms expiring on December 31, 1992. At the general election in 1992 and every four years thereafter, members of the board of education shall be elected from Educa tion Districts 1, 3, and 5 as provided in this Act.
(b) The Education District 7 At-Large member of the board of education in office on January 1, 1992, representing the entire county school district, pursuant to the consent de cree described in Section 1 of this Act, shall serve out the remainder of the term to which such member was elected, such term expiring on December 31, 1992. Such member shall be designated as representing Education District 7 At Large, comprised of the entire county school district. At the general election in 1992 and every four years thereafter, a member shall be elected at large from Education District 7 At Large as provided in this Act.
(c) The members of the board of education in office on January 1, 1992, representing former Education Districts 2, 4, and 6, pursuant to the consent decree described in Section 1 of this Act, shall serve out the remainder of the terms to which they were elected, such terms expiring on December 31, 1994. At the general election in 1994 and every four years thereafter, members of the board of education shall be elected from Education Districts 2, 4, and 6 as provided in this Act.
(d) Each member of the board of education elected pursuant to this Act shall serve for a term of office of four years and until such member's successor is elected and qualified and shall take office on January 1 immediately following such member's election.
(e) All elections under this Act shall be held in accordance with Chapter 2 of Title 21 of the O.C.G.A., the 'Georgia Election Code."
Section 5. (a) Except as otherwise provided in subsection (b) of this section, any va cancy on the board of education shall be filled by appointment by the remaining members of the board. Any member so appointed shall be a resident of the education district such person is appointed to represent.
(b) Any vacancy on the board with respect to the member representing Education Dis trict 7 At Large shall be filled by appointment by the remaining members of the board. Any member so appointed shall be a resident of the Mitchell County School District.
(c) All appointments to fill vacancies under this section shall be for the remainder of the unexpired term of office.
Section 6. At the first meeting of the board conducted in each odd-numbered year, the members of the board shall elect one of the members thereof to serve as chairman for the ensuing two years."
Section 2. 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 Mitchell 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.

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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 1987:
The Senate Committee on Urban and County Affairs offered the following substitute to HB 1987:
A BILL
To be entitled an Act to amend an Act creating the Board of Commissioners of Lamar County, approved March 8, 1943 (Ga. L. 1943, p. 1066), as amended, particularly by an Act approved March 2, 1987 (Ga. L. 1987, p. 3752), so as to change the composition of the commissioner districts from which members of the board of commissioners are elected; to provide for definitions and inclusions; to provide for elections and terms; to require submis sion of this Act to the United States Attorney General for certain approval; to provide for the automatic repeal of this Act if its implementation is not permissible under the federal Voting Rights Act of 1965, as amended, as of a certain date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act creating the Board of Commissioners of Lamar County, approved March 8, 1943 (Ga. L. 1943, p. 1066), as amended, particularly by an Act approved March 2, 1987 (Ga. L. 1987, p. 3752), is amended by striking subsections (b) and (c) of Section 1 and inserting in lieu thereof new subsections (b) and (c) to read as follows:
"(b) For the purpose of electing members of the board of commissioners, Lamar County shall be divided into four commissioner districts as follows:
Commissioner District No. 1
LAMAR COUNTY VTD: 0001 BARNESVILLE GMD 533 (Part) Tract: 9701. Block(s): 269, 270, 271, 272 Tract: 9702. Block(s): 145A, 146, 206A, 207, 210A, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 319, 320 Tract: 9703. Block(s): 101A, 101B, 102, 103A, 103B, 104A, 104B, 104C, 107, 108A, 108B, 109, 110, 111A, 111B, 112A, 112B, 113, 114, 115, 116, 117A, 117B, 118, 119, 120, 121, 122, 201, 202, 203, 204A, 204B, 205, 206, 207, 208, 209, 211, 213, 214, 215, 216, 217, 218, 219, 220, 327, 328, 329, 330, 337
Commissioner District No. 2
LAMAR COUNTY VTD: 0001 BARNESVILLE GMD 533 (Part) Tract: 9702. Block(s): 143, 144A, 144B, 144C, 145B, 145C, 145D, 145E, 147A, 147B, 148A, 148B, 148C, 149, 150, 153, 154, 155A, 155B, 155C, 156, 203, 205, 206B, 208, 209, 210B, 420, 422, 424, 504A, 505, 507, 508, 510, 511, 513, 514, 515, 516, 557, 562, 563, 565 VTD: 0002 MILNER GMD 540 (Part) Tract: 9701. Block(s): 136A, 152A, 154, 155, 217, 218, 219 VTD: 0003 JOHNSTANVILLE GMD 504 (Part) Tract: 9702.

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Block(s): 101, 102, 103, 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, 151, 152, 171, 172, 173, 174, 175, 176, 221, 222, 223
VTD: 0004 CHAPPELL GMD 523 (Part) Tract: 9701. 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, 136B, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152B, 161, 162, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180
VTD: 0005 REDBONE GMD 539
Commissioner District No. 3
LAMAR COUNTY VTD: 0001 BARNESVILLE GMD 533 (Part) Tract: 9702. Block(s): 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 313, 314, 315, 316, 317, 318, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412A, 412B, 413A, 413B, 414, 415, 416 417A, 417B, 417C, 418A, 418B, 418C, 419, 421, 423, 425, 426, 427, 501, 502A, 502B, 503A, 503B, 504B, 506, 509, 512, 517, 521, 558, 559, 560, 561, 564, 566, 567, 568, 569, 570, 571, 572, 573, 574 Tract: 9703. Block(s): 210, 212, 306A, 306B, 308, 309, 310, 311, 312A, 312B, 313, 314A, 314B, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325A, 325B, 326A, 326B, 331, 332, 333, 334, 335, 336, 338, 339, 427, 428, 429, 430A, 430B, 430C, 431, 432, 433A, 433B, 434A, 434B, 435A, 435B, 436A, 436B, 436C, 436D, 437, 438, 439, 440A, 442, 443, 444, 467A, 470, 471, 473, 474A VTD: 0006 PIEDMONT GMD 1494
Commissioner District No. 4
LAMAR COUNTY VTD: 0001 BARNESVILLE GMD 533 (Part) Tract: 9701. Block(s): 191, 192, 265, 266, 267, 268, 367, 368, 369, 370, 371, 372, 373, 374, 375, 376, 380A, 380B, 381A, 381B, 382, 383, 384, 385, 386, 387 Tract: 9702. Block(s): 202, 204 Tract: 9703. Block(s): 105, 106, 301, 302, 303, 304, 305, 307A, 307B, 401, 402, 403, 404, 405, 406 VTD: 0002 MILNER GMD 540 (Part) Tract: 9701. Block(s): 153A, 184, 185, 186, 187, 188, 189, 193, 194, 195, 202A, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215A, 216, 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, 246, 247, 248, 249, 250, 251A, 251B, 252, 253A, 253B, 254, 255, 256, 257, 258, 259A, 259B, 260, 261, 262A, 262B, 263, 264, 273A, 273B, 274, 275, 276, 277, 278, 279, 280, 281, 282, 283, 284, 285, 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, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 351, 352, 353, 354, 355, 356A, 356B, 357A, 357B, 358, 359, 360, 361, 362, 363, 364, 365A, 365B, 366A, 366B, 377A, 377B, 378, 379A, 379B VTD: 0003 JOHNSTANVILLE GMD 504 (Part) Tract: 9702.

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Block(s): 104, 105, 201 VTD: 0004 CHAPPELL GMD 523 (Part)
Tract: 9701. Block(s): 133, 134, 135, 153B, 156, 157, 158, 159, 160, 163, 181, 182, 183, 190, 201, 202B, 215B
(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 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 Lamar 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 Lamar 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. All members of the Board of Commissioners of Lamar County who were in office on March 1, 1992, shall continue to serve for the remainder of the unexpired terms of office to which they were elected. A successor to each such member shall be elected in the November general election immediately preceding the expiration of such member's term of office.
Section 3. Pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended, it shall be the duty of the county attorney of Lamar 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 46, nays 0, and the substitute was adopted.
*HB 1988:
The Senate Committee on Urban and County Affairs offered the following substitute to HB 1988:
A BILL
To be entitled an Act to amend an Act providing for the election of members of the Board of Education of Lamar County, approved March 30, 1971 (Ga. L. 1971, p. 2710), as amended, particularly by an Act approved March 2, 1987 (Ga. L. 1987, p. 3740), so as to

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change the composition of education districts from which members of the board of educa tion are elected; to provide for definitions and inclusions; to provide for elections and terms; to require submission of this Act to the United States Attorney General for certain ap proval; to provide for the automatic repeal of this Act if its implementation is not permissi ble under the federal Voting Rights Act of 1965, as amended, as of a certain date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act providing for the election of members of the Board of Education of Lamar County, approved March 30, 1971 (Ga. L. 1971, p. 2710), as amended, particularly by an Act approved March 2, 1987 (Ga. L. 1987, p. 3740), is amended by striking Section 1 of said Act and inserting in lieu thereof a new Section 1 to read as follows:
"Section 1. (a) The Board of Education of Lamar County shall be composed of five members.
(b) For the purpose of electing members of the board, the Lamar County School Dis trict shall be divided into four education districts as follows:
Education District No. 1
LAMAR COUNTY VTD: 0001 BARNESVILLE GMD 533 (Part) Tract: 9701. Block(s): 269, 270, 271, 272 Tract: 9702. Block(s): 145A, 146, 206A, 207, 210A, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 319, 320 Tract: 9703. Block(s): 101A, 101B, 102, 103A, 103B, 104A, 104B, 104C, 107, 108A, 108B, 109, 110, 111A, 111B, 112A, 112B, 113, 114, 115, 116, 117A, 117B, 118, 119, 120, 121, 122, 201, 202, 203, 204A, 204B, 205, 206, 207, 208, 209, 211, 213, 214, 215, 216, 217, 218, 219, 220, 327, 328, 329, 330, 337
Education District No. 2
LAMAR COUNTY VTD: 0001 BARNESVILLE GMD 533 (Part) Tract: 9702. Block(s): 143, 144A, 144B, 144C, 145B, 145C, 145D, 145E, 147A, 147B, 148A, 148B, 148C, 149, 150, 153, 154, 155A, 155B, 155C, 156, 203, 204, 206B, 208, 209, 210B, 420, 422, 424, 504A, 505, 507, 508, 510, 511, 513, 514, 515, 516, 557, 562, 563, 565 VTD: 0002 MILNER GMD 540 (Part) Tract: 9701. Block(s): 136A, 152A, 154, 155, 217, 218, 219 VTD: 0003 JOHNSTANVILLE GMD 504 (Part) Tract: 9702. Block(s): 101, 102, 103, 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, 151, 152, 171, 172, 173, 174, 175, 176, 221, 222, 223 VTD: 0004 CHAPPELL GMD 523 (Part) Tract: 9701. 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, 136B, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152B, 161, 162, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180 VTD: 0005 REDBONE GMD 539

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Education District No. 3
LAMAR COUNTY VTD: 0001 BARNESVILLE GMD 533 (Part) Tract: 9702. Block(s): 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 313, 314, 315, 316, 317, 318, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412A, 412B, 413A, 413B, 414, 415, 416 417A, 417B, 417C, 418A, 418B, 418C, 419, 421, 423, 425, 426, 427, 501, 502A, 502B, 503A, 503B, 504B, 506, 509, 512, 517, 521, 558, 559, 560, 561, 564, 566, 567, 568, 569, 570, 571, 572, 573, 574 Tract: 9703. Block(s): 210, 212, 306A, 306B, 308, 309, 310, 311, 312A, 312B, 313, 314A, 314B, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325A, 325B, 326A, 326B, 331, 332, 333, 334, 335, 336, 338, 339, 427, 428, 429, 430A, 430B, 430C, 431, 432, 433A, 433B, 434A, 434B, 435A, 435B, 436A, 436B, 436C, 436D, 437, 438, 439, 440A, 442, 443, 444, 467A, 470, 471, 473, 474A VTD: 0006 PIEDMONT GMD 1494
Education District No. 4
LAMAR COUNTY VTD: 0001 BARNESVILLE GMD 533 (Part) Tract: 9701. Block(s): 191, 192, 265, 266, 267, 268, 367, 368, 369, 370, 371, 372, 373, 374, 375, 376, 380A, 380B, 381A, 381B, 382, 383, 384, 385, 386, 387 Tract: 9702. Block(s): 202, 204 Tract: 9703. Block(s): 105, 106, 301, 302, 303, 304, 305, 307A, 307B, 401, 402, 403, 404, 405, 406 VTD: 0002 MILNER GMD 540 (Part) Tract: 9701. Block(s): 153A, 184, 185, 186, 187, 188, 189, 193, 194, 195, 202A, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215A, 216, 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, 246, 247, 248, 249, 250, 251A, 251B, 252, 253A, 253B, 254, 255, 256, 257, 258, 259A, 259B, 260, 261, 262A, 262B, 263, 264, 273A, 273B, 274, 275, 276, 277, 278, 279, 280, 281, 282, 283, 284, 285, 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, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 351, 352, 353, 354, 355, 356A, 356B, 357A, 357B, 358, 359, 360, 361, 362, 363, 364, 365A, 365B, 366A, 366B, 377A, 377B, 378, 379A, 379B VTD: 0003 JOHNSTANVILLE GMD 504 (Part) Tract: 9702. Block(s): 104, 105, 201 VTD: 0004 CHAPPELL GMD 523 (Part) Tract: 9701. Block(s): 133, 134, 135, 153B, 156, 157, 158, 159, 160, 163, 181, 182, 183, 190, 201, 202B, 215B
(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

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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 the Lamar County School District which is not included in any educa tion district described in this section shall be included within that education district contig uous to such part which contains the least population according to the United States decen nial census of 1990 for the State of Georgia; and
(5) Any part of the Lamar County School District which is described in this section as being included in a particular education district shall nevertheless not be included within such education district if such part is not contiguous to such education district. Such non contiguous 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."
Section 2. All members of the Board of Education of Lamar County in office on March 1, 1992, shall continue to serve for the remainder of their unexpired terms of office to which they were elected. A successor to each such member shall be elected in the November gen eral election immediately preceding the expiration of such member's term of office.
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 Lamar 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 46, nays 0, and the substitute was adopted.
*HB 2007:
The Senate Committee on Urban and County Affairs offered the following substitute to HB 2007:
A BILL
To be entitled an Act to amend an Act creating a board of commissioners of Baldwin County, approved December 26, 1888 (Ga. L. 1888, p. 286), as amended, so as to change the composition of commissioner districts from which members of the board are elected; to pro vide 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; to repeal a specific law; 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 Baldwin County, approved De cember 26, 1888 (Ga. L. 1888, p. 286), as amended, is amended by striking Section 1 in its entirety and inserting in lieu thereof a new Section 1 to read as follows:
"Section 1. (a) (1) There is created a five-member board of commissioners of Baldwin County who shall administer the affairs of the county. For the purpose of electing members of the board, Baldwin County shall be divided into five commissioner districts as follows:

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Commissioner District: 1
BALDWIN COUNTY VTD: 0001 MONTPELIER - EAST BALDWIN (Part) Tract: 9701. Block(s): 139, 209, 210, 212, 213, 214, 215, 218, 226 Tract: 9702. Block(s): 524 VTD: 0002 NORTH BALDWIN 318 (Part) Tract: 9703. Block(s): 220C, 220D, 220E, 222C, 225B, 226B VTD: 0004 EAST MILLEDGEVILLE 320E VTD: 0005 EAST HARDWICK 321 E (Part) Tract: 9707. Block(s): 302A, 303A, 304A, 307A, 308, 309, 310A, 311A, 318, 319, 320, 321, 401A, 402 VTD: 0007 NORTH MILLEDGEVILLE 320N (Part) Tract: 9702. Block(s): 323B, 325A Tract: 9703. Block(s): 220A, 220B, 221, 222A, 222B, 225A, 226A Tract: 9704. Block(s): 110, 113, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 215, 216, 217, 221, 222 VTD: 0008 SOUTH MILLEDGEVILLE 320S (Part) Tract: 9704. Block(s): 313, 314, 315, 316, 317, 318, 319 VTD: 0010 GMC 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, 129, 130, 132, 133, 134, 135, 136, 137, 140B, 301, 302B, 303B, 304B, 305, 306, 307B, 310B, 311B, 401B, 426, 427, 428 VTD: 0012 FIRST CHRISTIAN CHURCH 320C (Part) Tract: 9704. Block(s): 218, 219, 220, 301, 302, 303, 304, 305, 306, 320, 321, 322, 323, 326, 327, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 423, 424, 425, 426, 427, 430, 431, 504, 505, 506, 513
Commissioner District: 2
BALDWIN COUNTY VTD: 0005 EAST HARDWICK 321E (Part) Tract: 9707. Block(s): 140A, 312A, 313, 314A, 315, 316, 317, 404A, 405, 406, 407, 408, 415A, 416, 417, 418A, 420A, 422, 423, 424, 425, 548A VTD: 0008 SOUTH MILLEDGEVILLE 320S (Part) Tract: 9705. Block(s): 110, 111, 112, 216, 217, 218, 222, 223, 224, 225, 226, 227, 228, 229 VTD: 0009 WEST HARDWICK 321W (Part) Tract: 9706. Block(s): 102A, 103, 104, 105, 106A, 107A, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 201A, 201C, 215A, 215B, 216, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313,

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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 Tract: 9708. Block(s): 206, 207, 208, 211, 212, 213, 214, 215, 217, 218 VTD: 0010 CMC 320G (Part) Tract: 9705. Block(s): 137, 138 Tract: 9706. Block(s): 102B, 106B, 107B, 201B Tract: 9707. Block(s): 312B, 314B, 404C, 545, 546, 547, 548B, 548C VTD: 0011 BALDWIN COUNTY COURTHOUSE 320H (Part) Tract: 9705. Block(s): 107, 108, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 129, 142, 143
Commissioner District: 3
BALDWIN COUNTY 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, 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 VTD: 0006 COOPERS 322 VTD: 0007 NORTH MILLEDGEVILLE 320N (Part) Tract: 9703. Block(s): 229A, 230A, 231A, 232A, 233A Tract: 9704. Block(s): 212A, 212B, 212C, 213A, 214A, 308A VTD: 0008 SOUTH MILLEDGEVILLE 320S (Part) Tract: 9703. Block(s): 230B Tract: 9704. Block(s): 308B, 309A, 310A, 311A, 311B, 312, 324, 325, 428, 429, 507, 508, 509 Tract: 9705. Block(s): 109, 201A, 202A, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212A, 213, 214, 215, 219, 220, 221, 325A, 326A, 326B, 343A, 345, 346A, 346B, 349, 350A, 351, 352, 353, 354, 355, 356A, 357, 358, 359A, 360, 362A VTD: 0009 WEST HARDWICK 321W (Part) Tract: 9706. Block(s): 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 217, 218 Tract: 9708. Block(s): 209, 216, 231 VTD: 0010 CMC 320G (Part) Tract: 9707. Block(s): 106, 107, 108, 109, 110, 111, 115, 116 VTD: 0011 BALDWIN COUNTY COURTHOUSE 320H (Part) Tract: 9704.

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Block(s): 421, 422, 501, 502, 503, 510, 511, 512, 514, 515, 516, 517, 518, 519, 520, 521, 522, 523, 524, 525, 526, 527, 528, 529
Tract: 9705. Block(s): 101, 102, 103, 104, 105, 106, 128, 130, 131, 132, 133, 134, 135, 136
VTD: 0013 SCOTTSBORO 1714 (Part) Tract: 9708. Block(s): 109, 110, 111, 112, 113, 114, 115, 123B, 127B, 130, 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
Commissioner District: 4
BALDWIN COUNTY VTD: 0001 MONTPELIER - EAST BALDWIN (Part) Tract: 9701. Block(s): 206, 207, 208, 211, 216, 217, 219, 220, 221, 222, 223, 224, 225, 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: 9707. Block(s): 126 VTD: 0005 EAST HARDWICK 321E (Part) Tract: 9707. Block(s): 201A, 201B, 217A, 218A, 219, 220, 221, 222A, 223, 224, 501A, 501B, 502, 503A, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515A, 517, 518 VTD: 0010 CMC 320G (Part) Tract: 9707. Block(s): 124, 125, 127, 128, 131, 138, 139, 201C, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217B, 218B, 222B, 403, 404B, 409, 410, 411, 412, 413, 414, 415B, 418B, 419, 420B, 421, 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, 549, 550 Tract: 9708. Block(s): 101, 102, 103, 104, 105A, 118A, 119, 120, 121, 122, 123A, 124, 125, 126, 127A, 128, 129 VTD: 0013 SCOTTSBORO 1714 (Part) Tract: 9708. Block(s): 105B, 106, 107, 108, 116, 117, 118B, 132, 133
Commissioner District: 5
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, 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, 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,

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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, 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 Tract: 9704. Block(s); 101B VTD: 0003 WEST BALDWIN 319 (Part) Tract: 9703. Block(s): 201C 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, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 365, 366, 367, 368, 369, 370, 371, 372, 373, 374, 375 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, 324, 327A, 328A, 329A, 330B, 330C, 332A, 342A Tract: 9703. Block(s): 201A, 201D, 210A, 210B, 211A, 214A, 214B, 215A, 216A, 217, 218A, 223, 224 Tract: 9704. Block(s): 101A, 102, 103, 104, 105, 111, 112 VTD: 0012 FIRST CHRISTIAN CHURCH 320C (Part) Tract: 9704. Block(s): 106, 107, 108, 109, 114, 115, 116
(2) For purposes of this subsection:
(A) 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;
(B) 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;
(C) Whenever the description of any commissioner district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census map for the United States decennial census of 1990 for the State of Georgia;
(D) 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;
(E) Any part of the county which is not included in any commissioner district described in this subsection shall be included within that district contiguous to such part which con tains the least population according to the United States decennial census of 1990 for the State of Georgia; and

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(F) Any part of the 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.
(b) There shall be elected one member of the board to represent each of the five com missioner districts. Each person qualifying for nomination or election to the board shall be a resident and qualified voter of the commissioner district to which he seeks such nomination or election. The member elected from each such commissioner district shall be elected by the qualified voters of Baldwin County residing solely within such commissioner district. To be elected as a member of the board from a commissioner district, a candidate must receive the highest number of votes cast and, at the same time, the candidate must receive a major ity of the total votes cast in such commissioner district. If a member of the board moves his residence from the commissioner district which he represents, such office on the board shall thereby become vacant.
(c) All members of the board of commissioners of Baldwin County who are in office on January 1, 1992, shall serve for the remainder of their unexpired terms to which they were elected. At the November general election in 1992, members shall be elected to represent each of the five commissioner districts. The persons elected to such commissioner districts at such election shall take office on January 1, 1993. The members elected at the November general election in 1992 shall have terms of office of four years each and until their respec tive successors are elected and qualified. Thereafter, successors shall be elected in the gen eral election in the year in which the terms of office expire 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. All members shall be nominated and elected pursuant to the provisions of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, known as the 'Georgia Election Code.'
(d) Beginning January 1, 1993, and continuing thereafter, the board of commissioners shall, at its first meeting in January, elect a chairman from among its membership to serve for a term of one year."
Section 2. It shall be the duty of the county attorney of Baldwin County to submit this Act to the United States Attorney General for review under the federal Voting Rights Act of 1965, as amended; and it shall be the duty of the board of commissioners of Baldwin County to direct and ensure that such submission is made by the county attorney or some other attorney if the county attorney fails to act. It shall be the duty of the board of commission ers and county attorney of Baldwin County to ensure that such submission has been com pleted not later than 30 days after the Governor approves this Act or it becomes law without his approval and to ensure that such submission contains all materials necessary or appro priate to a prompt and favorable ruling on this Act by the Attorney General.
Section 3. An Act amending an Act creating a board of commissioners of Baldwin County enacted at the 1992 regular session of the General Assembly of Georgia, S.B. 625, and approved by the Governor on February 26, 1992, as Act No. 632 is 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 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 Alien

Baldwin Bishop

Bowen Broun of 46th

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Burton
Clay Coleman Collins Dean

Hill
Hooks Huggins Johnson Kidd

Ragan of 32nd
Ramsey Ray Robinson Scott

^hols g fn English Foster Gillis Harris Hasty Henson

Langford Marable Newbi11 Perdue Perry Phillips Pollard Ragan of 10th

Starr Tate Timmons Turner Tysinger Walker of 22nd Walker of 43rd White

Those not voting were Senators:

Brown of 26th Dawkins Deal Garner

Hammill Moye Shumake

Steinberg Taylor Thompson

On the passage of all the local bills, the yeas were 46, nays 0.
All the bills on the Senate Local Consent Calendar, except SB 848, HB 1319, HB 1366, HB 1987, HB 1988 and HB 2007, having received the requisite constitutional majority, were passed.
SB 848, HB 1319, HB 1366, HB 1987, HB 1988 and HB 2007, having received the requi site constitutional majority, were passed by substitute.

SENATE RULES CALENDAR

Monday, March 23, 1992

THIRTY-SIXTH LEGISLATIVE DAY

HB 1909 Superior Court Judge of Certain Judicial Circuit--repeal expense supplement (U&CA G--54th)
HB 1145 Motor Vehicle Special, Prestige License Plates--fees (Substitute) (F&PU--45th)
HB 1146 Sales Tax--limit amount of reimbursement deduction to dealers (Substitute) (F&PU--45th)
HB 1261 Appropriations FY 1992-1993--provide (Substitute) (Approp--47th)
HB 1549 Juvenile Proceedings--duties of Council of Juvenile Court Judges (Amendment) (Judy--49th)
HB 1706 Criminal Procedure--forfeiture of surety bond (Substitute) (S Judy--28th)
HB 1106 Airport Development Authority Law--enact (Substitute) (Trans--14th)
HB 1574 Physical Therapists--comprehensive revision (Substitute) (Gov Op--25th)
HB 1633 Public Service Commission--no jurisdiction over those selling natural gas used in motor vehicles (F&PU--44th)
SR 496 Senate Committee to Study Check Dams for Certain Rivers--create (Rules--19th)
SR 421 University System Laboratory, Equipment, Etc. Study Committee--create (Sub stitute) (Rules--46th)
HB 1386 Solid Waste Management--additional powers of Board of Natural Resources (Substitute) (Amendment) (Nat R--40th)
HB 1200 Commercial Feeds--publication of information on sales, use, etc. (Ag--21st)
HB 1004 Secretary of State--user fees for public information services (F&PU--44th)

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HB 1230 Public School Employees Retirement System--eligibility for retirement (Ret--24th)
HB 1294 Homicide by Aircraft--when DUI causes death (Judy--45th)
HB 1194 Milk and Products--fees of Agriculture Commissioner for defraying certain li cense costs (F&PU--20th)
HB 1663 Electricity--safeguards relating to high-voltage line contact (F&PU--18th)
HB 1347 Health Care Services Provider--certain advertising deceptive (Substitute) (Amendment) (H&HS--22nd)
HB 1238 Probate Courts--default judgments (Amendment) (S Judy--16th)
HB 1314 Certain Deceptive Publication of Local Phone Numbers--prohibit (F&PU--44th)
HB 124 Waste Management--regulate toxic heavy metals in packaging waste (Amend ment) (Nat--40th)
HB 1201 Pet Dealers, Kennel, Stable Operators--license fees (Ag--21st)
HB 1618 Mclntosh County Superior Court--two terms per year (S Judy--3rd)
HB 1642 Fire Sprinkler Act--cease and desist orders, certificate of competency (Amend ment) (I&L--37th)
HB 551 District Attorneys Retirement--spouse benefit option for district attorneys emer itus (Ret--38th)
HB 1649 Foreign Limited Liability Company--laws governing (Substitute) (Judy--2nd)
HB 1518 Commerce and Trade--agency relationship, power of attorney (S Judy--55th)
HB 1914 Used Automobile Parts Dealers, Salvage Dealers--powers of the board (Gov Op--1st)
Respectfully submitted,
/s/ Nathan Dean of the 31st, Chairman Senate Rules Committee
The following general population bill of the House, having been read the third time on March 20 and postponed until the next legislative day, was put upon its passage:
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".
Senator Ramsey of the 54th moved that HB 1909 be indefinitely postponed.
On the motion, the yeas were 36, nays 0; the motion prevailed, and HB 1909 was indefi nitely postponed.
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 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 Speaker has appointed on the part of the House, Representatives Carter of the 146th, Groover of the 99th and Bostick of the 138th.

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The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage:
HB 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.
Senate Sponsor: Senator Dawkins of the 45th.
The Senate Committee on Finance and Public Utilities offered the following substitute to HB 1145:
A BILL
To be entitled an Act to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles, so as to change certain fees for motor vehicle special and prestige license plates; to change the fee to local tag agents; to change certain fees for a motor vehi cle title; to provide for a title transfer fee for vehicles previously titled outside this state; to change certain fees for drivers' licenses, probationary licenses, instruction permits, and iden tification cards; to change certain reinstatement fees; to amend Chapter 10 of Title 48 of the Official Code of Georgia Annotated, relating to motor vehicle license fees and plates, so as to change certain annual licensing fees; 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. Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles, is amended by striking subsection (d) of Code Section 40-2-32, relating to license plates issued in commemoration of colleges or universities, in its entirety and inserting in lieu thereof a new subsection (d) to read as follows:
"(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, upon payment of an addi tional $25.00 annual registration fee which fee shall be collected by the county tag agent at the time of collection of other registration fees and shall be remitted to the state as provided in Code Section 40-2-34. Special license plates issued under this Code section may be trans ferred between vehicles as provided in Code Section 40-2-80."
Section 2. Said title is further amended by striking subsection (b) of Code Section 40-233, relating to issuance of license plates and compensation of local tag agents, in its entirety and inserting in lieu thereof the following:
"(b) The amount of commission permitted as compensation to tag agents under this Code section shall be 66 $1.00 per license plate or revalidation decal issued during any calendar year. Twenty-five cents for each license plate or revalidation decal sold in excess of 4,000 during any one calendar year shall become the property of the county and shall be turned over to the fiscal authorities of the county by the tag agent. The remaining portion of such commissions shall be disposed of as provided in Code Section 40-2-34."
Section 3. Said title is further amended by striking Code Section 40-2-42, relating to transfer of license dates and revalidation decals, in its entirety and inserting in lieu thereof a new Code Section 40-2-42 to read as follows:
"40-2-42. (a) A license plate or revalidation decal, when issued, shall not be transferred from one vehicle to another and shall not be used by any other person or upon any vehicle other than the one to which it is assigned, except as otherwise provided in this chapter. Any

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use of a license plate or revalidation decal by any other person or persons in any manner not provided for in this chapter shall be a violation of this chapter.
(b) The commissioner is authorized to provide by rules and regulations appropriate pro cedures whereby, upon the payment of a fee of $1.00 $5.00, and, upon preparation and filing of an appropriate application therefor, annual and five-year license plates and revalidation decals may be transferred from one person to another. License plates and revalidation decals shall be transferred only during the calendar year for which issued. A person acquiring a vehicle with an expired annual license plate or expired five-year license plate shall obtain a current year annual license plate or a current year revalidation decal as provided for by this chapter."
Section 4. Said title is further amended by striking subsection (a) of Code Section 40-260, relating to prestige license plates, in its entirety and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) Motor vehicle owners who are residents of Georgia, upon complying with the motor vehicle laws relating to registration and licensing of motor vehicles and, except as provided in subsection (c) of this Code section, upon the payment of a fee of $25.00 in addition to the regular motor vehicle registration fee, shall be issued special personalized prestige license plates by the commissioner. Special personalized license plates issued pursuant to this Code section shall be subject to an additional annual registration fee of $25.00 as a condition of obtaining an annual revalidation decal for such license plate which fee shall be collected by the county tag agent at the time of collection of other registration fees and shall be remitted to the state as provided in Code Section 40-2-34."
Section 4.1. Said title is further amended by striking Code Section 40-2-61, relating to special license plates for United States Senators and Congressmen, the Governor, Lieuten ant Governor, Speaker of the House of Representatives, Justices of the Supreme Court, and Judges of the Court of Appeals; and Code Section 40-2-62, relating to special license plates for members of the General Assembly, in their entirety and inserting in lieu thereof new Code Sections 40-2-61 and 40-2-62 to read as follows:
"40-2-61. The commissioner shall design and issue distinctive license plates to each United States Senator and Congressman elected from the State of Georgia, the Governor, the Lieutenant Governor, and Speaker of the House of Representatives, and each Justice of the Supreme Court and each Judge of the Court of Appeals to be placed on such official's personal motor vehicle. Each such distinctive license plate shall indicate the individual's elected office and no county name decal need be affixed to such plate. The special license plate authorized by this Code section shall be issued to such elected official upon application and payment of a manufacturing fee of $25.00 and upon compliance with the state laws relating to registration and licensing of motor vehicles and may be transferred as provided in Code Section 40-2-80. Distinctive license plates issued pursuant to this Code section shall be renewed annually, and revalidation decals shall be issued upon compliance with the laws relating to registration and licensing and upon payment of an additional registration fee of $25.00 which shall be collected by the county tag agent at the time for collection of other registration fees and shall be remitted to the state as provided in Code Section 40-2-34.
40-2-62. The commissioner shall mail special and distinctive license plates printed for members of the General Assembly to the local tag agent in the counties wherein such mem bers reside on or before December 31 of each year. Such special and distinctive license plates shall be issued only upon applications made to the local tag agent and payment of a $25.00 manufacturing fee. License plates may be issued by the local tag agent upon a proper application and in accordance with the terms of this chapter. License plates issued pursuant to this Code section need not contain a place for the county name decal, and no county name decal need be affixed to a license plate issued pursuant to this Code section. Special and distinctive license plates issued pursuant to this Code section shall be renewed annu ally, and revalidation decals shall be issued upon compliance with the laws relating to regis tration and licensing and upon payment of an additional registration fee of $25.00 which

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shall be collected by the county tag agent at the time for collection of other registration fees and shall be remitted to the state as provided in Code Section 40-2-34."
Section 5. Said title is further amended by striking Code Section 40-2-63, relating to special license plates for sheriffs, in its entirety and inserting in lieu thereof a new Code Section 40-2-63 to read as follows:
"40-2-63. On or before December 31 of each year, the commissioner shall mail to the local tag agents special and distinctive license plates for the elected sheriffs in the counties of this state. The sheriffs shall make application with the local tag agent and shall pay a fee of $25.00. Special sheriff's license plates issued pursuant to this Code section shall be re newed annually, and revalidation decals shall be issued upon compliance with the laws relat ing to registration and licensing and upon payment of an additional registration fee of $25.00 which shall be collected by the county tag agent at the time of collection of other registration fees and shall be remitted to the state as provided in Code Section 40-2-34. License plates shall be issued by the local tag agents upon proper application and in accordance with the terms of Article 2 of this chapter. Only one special and distinctive license plate shall be issued to each elected sheriff for his personal motor vehicle; ; however, a sheriff may choose to use his sheriffs distinctive license plate on his law enforcement vehicle or his sheriff's vehicle."
Section 6. Said title is further amended by striking subsection (a) of Code Section 40-265, relating to special license plates for members of active reserve components of the United States, in its entirety and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) Motor vehicle owners who are assigned or attached members of troop program units of any branch of the active reserve components of the United States shall be eligible to receive free motor vehicle license plates for private passenger cars or trucks used for per sonal transportation. 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. No person shall be entitled to more than one free motor vehicle license plate for any calendar year; provided, however, that, upon payment of the regular license fee pro vided for in Code Section 48-10-2 and a manufacturing fee of $25.00, a reservist shall be entitled to receive one additional such license plate. For each additional license plate for which an initial $25.00 fee was required, there shall be an additional annual registration fee of $25.00 which fee shall be collected by the county tag agent at the time of collection of other registration fees and shall be remitted to the state as provided in Code Section 40-234. Additional words or symbols in addition to numbers and letters prescribed by law shall BT inscribed upon such license plates so as to identify distinctively the owner as a member of the 'United States military reserve.' The major commanders of each active reserve com ponent program shall furnish to the commissioner each year prior to the date that license plates are issued a list of the members of their command assigned or attached to troop program units who reside in Georgia."
Section 7. Said title is further amended by striking subsection (a) of Code Section 40-266, relating to special license plates for members of the Georgia National Guard, in its en tirety and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) (1) Motor vehicle owners who are members of the Georgia National Guard, upon application for license plates and upon compliance with the state motor vehicle laws relating to registration and licensing of motor vehicles as prescribed under Article 2 of this chapter, shall be issued, free of charge, a license plate, as prescribed in that article for private pas senger cars or trucks used for personal transportation. Each member of the Georgia Na tional Guard shall be entitled to no more than one such free plate at a time; provided, however, that, upon payment of the regular license fee provided for in Code Section 48-10-2 and a manufacturing fee of $25.00, a member shall be entitled to one additional such license plate. For each additional license plate for which an initial $25.00 fee was required, there shall be an additional annual registration fee of $25.00 which fee shall be collected by the county tag agent at the time of collection of other registration fees and shall be remitted to the state as provided in Code Section 40-2-34. Additional words or symbols, in addition to

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the numbers and letters prescribed by law, shall be inscribed upon such license plates so as to identify distinctively the owner as a member of the Georgia National Guard. The adju tant general of Georgia shall furnish to the commissioner each year, prior to the date that license plates are issued, a list of the members of the Georgia National Guard.
(2) Motor vehicle owners who are retired members of the Georgia National Guard, upon application for license plates and upon compliance with the state motor vehicle laws relating to registration and licensing of motor vehicles as prescribed under Article 2 of this chapter, including the payment of the basic registration fee, shall be issued a license plate as pre scribed in that article for private passenger cars or trucks used for personal transportation. Each retired member of the Georgia National Guard shall be entitled to no more than one such free plate at a time; provided, however, that, upon payment of the regular license fee provided for in Code Section 48-10-2 and a manufacturing fee of $25.00, a member shall be entitled to one additional such license plate. For each additional license plate for which an initial $25.00 fee was required, there shall be an additional annual registration fee of $25.00 which fee shall be collected by the county tag agent at the time of collection of other regis tration fees and shall be remitted to the state as provided in Code Section 40-2-34. The license plates issued pursuant to this paragraph, shall, in addition to the numbers and let ters prescribed by law, be identical to those issued pursuant to paragraph (1) of this subsec tion. The adjutant general of Georgia shall furnish to the commissioner each year, prior to the date that license plates are issued, a list of the retired members of the Georgia National Guard."
Section 8. Said title is further amended by striking subsection (a) of Code Section 40-267, relating to special license plates for commanders of certain veterans' organizations, in its entirety and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) The commanders of the American Legion, the Amvets, the Jewish War Veterans, the Disabled American War Veterans, the Veterans of World War I, and the Spanish-Amer ican War Veterans, upon application and compliance with the state motor vehicle laws rela tive to the registration and licensing of motor vehicles, upon payment of the regular license fees for license plates as provided by law, and upon the payment of an additional initial fee of $25.00 and an additional annual registration fee of $25.00 which fee shall be collected by the county tag agent at the time of collection of other registration fees and shall be remitted as provided in Code Section 40-2-34, shall be issued license plates as prescribed in Code Section 40-2-31 for use on their official or private passenger automobiles, upon which, in lieu of the numbers prescribed by said Code section, shall be such figures or symbols indicative of the office held by such individuals as may be prescribed by the commissioner."
Section 9. Said title is further amended by striking subsection (a) of Code Section 40-275, relating to special license plates for amateur radio operators, in its entirety and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) Motor vehicle owners who are residents of the State of Georgia and who hold an unrevoked and unexpired official amateur radio station license issued by the Federal Com munications Commission, upon application, accompanied by proof of ownership of such li cense, upon full compliance with the state motor vehicle laws in relation to registration and licensing of motor vehicles, and upon the payment of an additional initial fee of $25.00 and an additional annual registration fee of $25.00 which fee shall be collected by the county tag agent at the time of collection of other registration fees and shall be remitted to the state as provided in Code Section 40-2-34, shall be issued a special design license plate for a private passenger vehicle upon which shall be inscribed the official amateur radio call letters of such applicant as assigned by the Federal Communications Commission. The commissioner may consult with licensed amateur radio operators residing in the State of Georgia in the design of the special license plate authorized by this subsection."
Section 10. Said title is further amended by striking subsection (b) of Code Section 40-

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2-77, relating to special license plates for historical vehicles and street rods, in its entirety and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) Upon application, registration, and payment of a fee of $25.00, the commissioner shall issue a special license plate, as described in this Code section, for every historical vehi cle within the state. Upon application, registration, and payment of a fee of $25.00, the commissioner shall issue a special license plate, as described in this Code section, for every street rod within the state. Said special license plates shall be valid, without renewal, as long as the vehicle is in existence subject to an additional annual registration fee of $25.00 which fee shall be collected by the county tag agent at the time of collection of other registration fees and shall be remitted to the state as provided in Code Section 40-2-34."
Section 11. Said title is further amended by striking subsection (c) of Code Section 402-78, relating to special license plates for firefighters, in its entirety and inserting in lieu thereof a new subsection (c) to read as follows:
"(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. There shall be an additional annual registration fee of $25.00 for each license plate issued^pursuant to this Code section for which an initial fee was required which registration fee shall be collected by the county tag agent at the time of collection of other registration fees and shall be remitted to the state as provided in Code Section 40-2-34. The commissioner is specifically author ized to promulgate all rules and regulations necessary to ensure compliance in instances where such vehicles have been transferred or sold. Except as provided in subsection (b) of this Code section, such plates shall be nontransferable."
Section 12. Said title is further amended by striking Code Section 40-2-80, relating to transfer of special license plates, in its entirety and inserting in lieu thereof a new Code Section 40-2-80 to read as follows:
"40-2-80. The commissioner is authorized to provide by rules and regulations appropri ate procedures whereby, upon the payment of a fee to be prescribed by the commissioner the fee prescribed in Code Section 40-2-42 for transfer of license plates and revalidation decals, the special and distinctive license plates and special personalized prestige license plates authorized by this article may be used upon and transferred to vehicles other than the vehicle for which such plate was issued."
Section 13. Said title is further amended by striking subsection (e) of Code Section 402-84, relating to license plates for veterans awarded the Purple Heart citation, in its entirety and inserting in lieu thereof a new subsection (e) to read as follows:
"(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 upon payment of an addi tional $25.00 annual registration fee which fee shall be collected by the county tag agent at the time of collection of other registration fees and shall be remitted to the state as provided in Code Section 40-2-347'
Section 14. Said title is further amended by striking subsection (e) of Code Section 402-85, relating to license plates for veterans who survived the attack on Pearl Harbor, in its entirety and inserting in lieu thereof a new subsection (e) to read as follows:
"(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 upon payment of an addi tional $25.00 annual registration fee which fee shall be collected by the county tag agent at the time of collection of other registration fees and remitted to the state as provided in Code Section 40-2-34. It shall be a requirement that a county name decal shall be affixed and displayed on license plates issued under this Code section."
Section 15. Said title is further amended by striking subsection (e) of Code Section 40-

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2-85.1, relating to special and distinctive license plates for retired veterans, in its entirety and inserting in lieu thereof a new subsection (e) to read as follows:
"(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 upon payment of an addi tional $25.00 annual registration fee which fee shall be collected by the county tag agent at the time of collection of other registration fees and remitted to the state as provided in Code Section 40-2-34. It shall be a requirement that a county name decal shall be affixed and displayed on license plates issued under this Code section."
Section 16. Said title is further amended by adding a new Code Section 40-3-21.1 to read as follows:
"40-3-21.1. (a) When a certificate of title is issued for a motor vehicle that, at the time of applying for a certificate of title, is and has been titled in another state, a fee shall be levied of a minimum of $40.00 and a maximum of $200.00. The fee shall be based on the value of the vehicle as published in a schedule compiled by the state revenue commissioner; provided, however, that the maximum fee shall apply to all vehicles with a fair market value in excess of $25,000.00. Persons who have paid an equivalent fee on such motor vehicle in the state of origin within 90 days of applying for a new certificate of title in this state shall receive a credit against the fee due under this subsection.
(b) The transfer fee imposed by subsection (a) of this Code section shall not apply to:
(1) Vehicles for which no certificate of title shall be obtained as provided in Code Sec tion 40-3-4;
(2) Certificates of title issued for any motor vehicle owned by and operated for the exclusive personal use of:
(A) Any member of the United States armed forces, or such member's spouse or depen dent child, who is not a resident of this state and is stationed in this state pursuant to military orders;
(B) Any former member of the United States armed forces, or such member's spouse or dependent child, who purchased such motor vehicle while stationed outside of this state or who purchased such motor vehicle prior to departing this state, who has separated from the armed forces and who was not dishonorably discharged or discharged for bad conduct, who was a resident of this state at the time of enlistment and at the time of discharge, and who applies for registration of such motor vehicle within six months of the date of discharge;
(C) Any member of the United States armed forces, or such member's spouse or depen dent child, who was a resident of this state at the time of enlistment, who purchased such motor vehicle while stationed outside of this state or who purchased the vehicle prior to departing this state, and who is now reassigned by military order to this state; or
(D) Any spouse or dependent child of a member of the United States armed forces who loses his or her life while on active duty or who is listed by the armed forces as 'missing in action'. Such spouse or child must be a resident of this state, and the member must have been a resident of this state at the time of enlistment. Registration of such motor vehicle must occur within one year of the notification of the member's death or status as 'missing in action';
(3) Certificates of title where reassignment is being made by a dealer as defined in Code Section 40-1-1;
(4) The certificate of title for any motor vehicle required to be registered and licensed under Code Section 40-2-37 or any motor vehicle owned or exclusively operated by the state or by any county, municipality, or other governmental entity;
(5) Motor vehicles with special license plates issued pursuant to Code Section 40-2-78;
(6) Motor vehicles entitled to or issued a free license plate pursuant to Code Section 402-69;

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(7) Motor vehicles described in subparagraph (B) of paragraph (6), paragraphs (13) and (14), and subparagraph (B) of paragraph (17) of Code Section 48-10-2;

(8) Motor vehicles exempt from registration and licensing under subsection (b) of Code Section 40-2-20;

(9) Motor vehicles for which a total loss claim has been paid by an insurance company and title to such vehicle has been acquired by the insurance company; or

(10) Motor vehicles, purchased outside the state by bonafide residents of the State of Georgia, after residency has been established, and for which such resident obtains a Georgia certificate of title."

Section 17. Said title is further amended by striking subsection (c) of Code Section 403-38, relating to fees for certificates of title, in its entirety and inserting in lieu thereof a new subsection (c) to read as follows:

"(c) The commissioner shall be paid a fee of $6.00 $18.00 for the filing of an application for any certificate of title and for the filing of the notice of a security interest or a lien on vehicles not required by law to be titled in this state. The commissioner may, by appropri ate regulation, provide for additional fees not to exceed $6.00 $18.00 for the special handling of applications for certificates of title and related documents?"

Section 18. Said title is further amended by striking subsection (a) of Code Section 405-25, relating to driver's license fees, in its entirety and inserting in lieu thereof a new sub section (a) to read as follows:

"(a) Every application for an instruction permit or for a driver's license shall be made upon a form furnished by the department. Every application shall be accompanied by the proper license fee. The fees shall be as established by the Department of Public Safety, not to exceed:

(1) For instruction permits for Classes A, B, C, and M drivers' licenses $ 4r60 10.00

(2) For Classes C and M drivers' licenses ............................ 4^0 15.00

(3) For Classes A and B drivers' licenses ............................ &60 15.00

(4) For application for Classes A, B, C, and M commercial drivers' li censes or a Class P commercial driver's instruction permit

35.00

(5) For Class P commercial drivers' instruction permits for Classes A, B, C, and M commercial drivers' licenses.......................... &Q 10.00

(6) For Classes A, B, C, and M commercial drivers' licenses, initial issu ance requiring a road test............................................ 65.00

(7) For Classes A, B, C, and M commercial drivers' licenses, initial issu ance not requiring a road test ........................................ 15.00

(8) For renewal of Classes A, B, C, and M commercial drivers' licenses 8r60 15.00

(9) Initial issuance of Classes A, B, C, and M commercial drivers' licenses and Class P commercial drivers' instruction permits shall include all endorsement fees within the license fee. Each endorsement added after initial licensing ................................................ 5.00

Except as provided in Code Section 40-5-36, relating to veterans' licenses, and Code Section 40-5-149, relating to application fees for public school bus drivers, there shall be no exceptions to the fee requirements for a commercial driver's license or a commercial driver's license permit."

Section 19. Said title is further amended by striking paragraph (3) of subsection (e) of Code Section 40-5-58, relating to probationary licenses for habitual violators, in its entirety and inserting in lieu thereof a new paragraph (3) to read as follows:

"(3) Upon compliance with the above conditions and the payment of a $26.00 fee of $210.00 or $200.00 when processed by mail, such person may be issued a probationary driver's license by the department."

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Section 19.1. Said title is further amended by striking subsection (b) of Code Section 40-5-62, relating to conditions to issuance of a new license, in its entirety and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) The department shall not issue a new license nor restore a person's suspended license or nonresident's operating privilege unless and until it is satisfied after investigation of the character, habits, and driving ability of such person that it will be safe to grant the privilege of driving a motor vehicle on the public highways. The department may issue rules and regulations providing for reinstatement hearings. In the case of a revocation pursuant to Code Section 40-5-58, the department shall charge a fee of $210.00 or $200.00 if processed by mail in addition to the fee prescribed by Code Section 40-5-25 to issue a new driver's license to a person whose driver's license has been revoked."
Section 20. Said title is further amended by striking Code Section 40-5-63, relating to periods of suspension and conditions for reinstatement of a driver's license, in its entirety 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 years, as mea sured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, the period of suspension shall be for 12 months. At the end of 120 days, the person may apply to the Department of Public Safety for reinstatement of his driver's license. Seh If such license was suspended as a result of a conviction of a violation of Code Section 40-6-391, 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 $86.00 or $26.00 $210.00 or $200.00 when such reinstatement is processed by mail. If such license was suspended as a result of a conviction of an offense listed in Code Section 40-5-54, it shall be reinstated if such person submits proof of completion of either an approved defensive driv ing course or a DUI Alcohol or Drug Use Risk Reduction Program and pays a restoration fee of $210.00 or $200.00 when processed by mail. A driver's license suspended as a result 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 con tendere to an offense listed in Code Section 40-5-54 by a person who is under 18 years of age at the time of arrest shall constitute a conviction. For the purposes of this paragraph only, an accepted plea of nolo contendere by a person 18 years of age or older, with no conviction of and no plea of nolo contendere accepted to a charge of violating Code Section 40-6-391 within the previous five years, as measured from the dates of previous arrests for which convictions were obtained or pleas of nolo contendere accepted to the date of the current arrest for which a plea of nolo contendere is accepted, shall not be considered a conviction; however, the court having jurisdiction shall forward, as provided in Code Section 40-6-391.1, the record of such disposition of the case to the Department of Public Safety and the record of such disposition shall be kept on file for the purpose of considering and counting such accepted plea of nolo contendere as a conviction under paragraphs (2) and (3) of this subsection;
(2) Upon the second conviction of any such offense within five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, the period of suspension shall be for three years. At the end of 120 days, the person may apply to the Department of Public Safety for rein statement of his driver's license. Sweh If such license was suspended as a result of a convic tion of a violation of Code Section 40-6-391, such license shall be reinstated if such person

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2097

submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program ap proved by the Department of Human Resources and pays a restoration fee of $36.00 or $26.00 $210.00 or $200.00 when processed by mail. If the person does not apply for early reinstatement of a license suspended as a result of a conviction of a second violation of Code Section 40-6-391, the Department of Public Safety shall charge a fee of $210.00 or $200.00 if processed by mail before reinstatement of such person's license or, in addition to the fee prescribed by law, for issuance of a new license. If such license was suspended as a result of a conviction of an oifense listed in Code Section 40-5-54, it shall be reinstated if such person submits proof of completion of either an approved defensive driving course or a DUI Alco hol or Drug Use Risk Reduction Program and pays a restoration fee of $210.00 or $200.00 when processed by mail. For purposes of this paragraph, a plea of nolo contendere and all previous accepted pleas of nolo contendere to an offense listed in Code Section 40-5-54 within such five-year period of time shall constitute a conviction. For the purposes of this paragraph, a plea of nolo contendere to a charge of violating Code Section 40-6-391 and all prior accepted pleas of nolo contendere within five years, as measured from the dates of previous arrests for which convictions were obtained or pleas of nolo contendere were 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 years, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, such person shall be considered a habitual violator, and his license shall be revoked as provided for in paragraph (1) of subsection (a) of Code Section 40-5-62. For purposes of this paragraph, a plea of nolo contendere and all previous accepted pleas of nolo contendere to an offense listed in Code Section 40-5-54 within such five-year period shall constitute a conviction. 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 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 cur rent 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 $36.00 or $26.00 when such reinstatement ia processed by mail as provided in subsection (a) of this Code section.
(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

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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 21. Said title is further amended by striking subsection (e) of Code Section 405-64, relating to limited driving permits, in its entirety and inserting in lieu thereof a new subsection (e) to read as follows:
"(e) Duration of permit. A permit issued pursuant to this Code section shall be $6.00 $25.00 and shall be nonrenewable and shall become invalid upon the expiration of one year following the effective date of suspension of the applicant's driver's license, except that such limited driving permit shall expire upon the earlier reinstatement of the driver's license. A person convicted of such offense whose driver's license had been surrendered to the court in which such conviction was adjudged may apply to the department for a limited driving permit} immediately following such conviction. Upon the applicant's execution of an affidavit attesting to such facts and to the fact that the court had not imposed a suspension or revo cation of his driver's license or driving privileges inconsistent with the driving privileges to be conferred by the limited driving permit applied for, the department may issue such per son a limited driving permit. A person convicted of such offense whose driver's license had not been surrendered to such court immediately following such conviction may apply to the department for a permit. Upon the applicant's surrender to the department of his driver's license and the execution of a similar affidavit, or if he has lost his driver's license, upon execution of an additional affidavit to that effect, the department may issue such person a limited driving permit."
Section 22. Said title is further amended by striking subsection (a) of Code Section 405-68, relating to suspension of licenses for failure to complete a DUI Alcohol or Drug Use Risk Reduction Program, in its entirety and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) The driver's license of any person whose plea of nolo contendere to a charge of violating Code Section 40-6-391 was accepted as provided in Code Section 40-6-391.1 but who fails to complete a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources by the date specified in the court's order issued pursuant to Code Section 40-6-391.1 shall by operation of law be suspended on such date. Such li cense shall be suspended for a period of one year from such date. At any time after suspen sion begins, the person may apply to the Department of Public Safety for reinstatement of his driver's license. Such license shall be reinstated only if the person submits proof of com pletion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources and pays a restoration fee of $36.00 or $26.00 $210.00 or $200.00 when such reinstatement is processed by mail."
Section 23. Said title is further amended by striking subsection (a) of Code Section 405-70, relating to suspension of driver's license for failure to show proof of insurance, in its entirety and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) In addition to any other punishment, the driver's license of a person convicted under subsection (a), (b), or (c) of Code Section 40-6-10 shall be suspended for a period of 60 days. The person shall submit the driver's license to the court upon conviction and the court shall forward the driver's license to the department. After the 60 day suspension pe riod and when the person provides proof of having prepaid a six-month minimum insurance policy and pays a restoration fee of $06.00 or $26.00 $60.00 or $50.00 when such reinstate mcnt is processed by mail to the department, the suspension shall terminate and the de partment shall return the person's driver's license to such person. For a second or subse quent offense within a five-year period, the suspension period will be increased to 90 days and, in addition to the driver's license, such person's license tag and tag registration shall also be suspended for a period of 90 days. The procedures for submission of drivers' licenses to the court and the forwarding of such licenses to the department shall also apply to license tags and tag registrations."

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Section 24. Said title is further amended by striking subsection (c) of Code Section 405-71, relating to suspension of a driver's license upon notice of cancellation of insurance, in its entirety and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) (1) If the owner responds within the specified time period and indicates that mini mum insurance coverage is in effect, but there has been a lapse of coverage, the owner shall remit a $25.00 lapse fee to the department with the form providing proof of minimum insur ance coverage. Supplying the form in this case without the lapse fee will result in suspension of the driver's license as if the form had not been returned in a timely manner as provided in paragraph (3) of this subsection.
(2) If the owner responds within the specified time period and indicates that minimum insurance coverage is not in effect, the owner's driver's license shall be suspended immedi ately by the department. Upon demand of the department, the owner shall forward the driver's license to the department. When the owner provides proof of having minimum in surance coverage, pays a lapse fee of $25.00, and pays a restoration fee of $86.00 or $26.00 $60.00 or $50.00 when such reinstatement is processed by mail, the suspension shall terminate and the department shall return the driver's license to the owner of the motor vehicle.
(3) If the owner does not respond within the specified time period, the department shall suspend the owner's driver's license. Upon demand of the department, the owner shall for ward the driver's license to the department. When the owner provides proof of having pre paid a six-month minimum insurance policy, pays a lapse fee of $25.00, and pays a restora tion fee of $36.00 or $26.00 $60.00 or $50.00 when such reinstatement is processed by mail, the suspension period shall terminate and the department shall return the driver's license to the owner of the motor vehicle; provided, however, that for any owner whose driver's license has been suspended pursuant to this paragraph who provides satisfactory proof of continu ous minimum insurance coverage shall only pay a restoration foe the commissioner may waive the lapse fee and the restoration fee and shall not be deemed to have violated Code Section 40-5-121.
(4) In the event of a second or subsequent offense under this Code section during any five-year period, the department shall suspend the driver's license, license tag, and tag regis tration for a period of 90 days. Upon demand of the department, the owner shall forward the driver's license, license tag, and tag registration to the department. After the 90 day suspension period and when the owner provides proof of having prepaid a six-month mini mum insurance policy, pays a lapse fee of $25.00, and pays a restoration fee of $86.00 or $26.00 $60.00 or $50.00 when such reinstatement is processed by mail to the department, the suspension shall terminate and the department shall return the driver's license, license tag, and tag registration to the owner of the motor vehicle."
Section 25. Said title is further amended by striking Code Section 40-5-75, relating to suspension of a driver's license for a conviction of possession of drugs, in its entirety and inserting in lieu thereof a new Code Section 40-5-75 to read as follows:
"40-5-75. (a) The driver's license of any person convicted of possession of a controlled substance or marijuana in violation of subsection (b) of Code Section 16-13-2 or subsection (a) or (j) of Code Section 16-13-30 shall by operation of law be suspended and such suspen sion shall be subject to the following terms and conditions:
(1) Upon the first conviction of any such offense, with no arrest and conviction of and no plea of nolo contendere accepted to such offense within the previous five years, as mea sured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, the period of suspension shall be for not less than 180 days. At the end of 180 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 completion of the assessment component and either the edu cation/intervention component or the intensive intervention component of a DUI alcohol or drug use risk reduction program Alcohol or Drug Use Risk Reduction Program as prescribed by the Department of Human Resources and pays to the Department of Public Safety a

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restoration fee of $86.00 or $26.00 $210.00 or $200.00 when such rcinatatcmcnt ia processed by mail. For purposes of this paragraph, a plea of nolo contendere by a person to a charge of possession of marijuana or a controlled substance in violation of subsection (b) of Code Section 16-13-2 or subsection (a) or (j) of Code Section 16-13-30 shall, except as provided in subsection (c) of this Code section, constitute a conviction;
(2) Upon the second conviction of any such offense within five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, the period of suspension shall be for three years, provided that after one year from the date of the conviction the person may apply to the Department of Public Safety for reinstatement of his driver's license by submitting proof of completion of the intensive intervention component of a DUI alcohol or drug use riak reduc tion program Alcohol or Drug Use Risk Reduction Program as prescribed by the Depart ment of Human Resources and paying to the Department of Public Safety a restoration fee of $36.00 or $26.00 $210.00 or $200.00 when such rcinatatcmcnt ia processed by mail. For purposes of this paragraph, a plea of nolo contendere and all previous pleas of nolo con tendere within such five-year period of time shall constitute a conviction; and
(3) Upon the third conviction of any such offense within five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, such person's license shall be suspended for a period of five years. At the end of two years, the person may apply to the Department of Public Safety for a three-year driving permit upon compliance with the following conditions:
(A) Such person has not been convicted or pleaded nolo contendere to any drug related offense, including driving under the influence, for a period of two years immediately preced ing the application for such permit;
(B) Such person submits proof of completion of a licensed drug treatment program. Such proof shall be submitted within two years of the license suspension and prior to the issuance of the permit. Such licensed drug treatment program shall be paid for by the of fender. The offender must pay a permit fee of $25.00 to the Department of Public Safety;
(C) Such person submits proof of financial responsibility as provided in Chapter 9 of this title; and
(D) Refusal to issue such permit would cause extreme hardship to the applicant. For the purposes of this subparagraph, the term 'extreme hardship' means that the applicant cannot reasonably obtain other transportation, and, therefore, the applicant would be pro hibited from:
(i) Going to his place of employment or performing the normal duties of his occupation;
(ii) Receiving scheduled medical care or obtaining prescription drugs;
(iii) Attending a college or school at which he is regularly enrolled as a student; or
(iv) Attending regularly scheduled sessions or meetings of support organizations for persons who have addiction or abuse problems related to alcohol or other drugs, which orga nizations are recognized by the commissioner.
(b) Whenever a person is convicted of possession of a controlled substance or marijuana in violation of subsection (b) of Code Section 16-13-2 or subsection (a) or (j) of Code Section 16-13-30, the court in which such conviction is had shall require the surrender to it of any driver's license then held by the person so convicted and the court shall thereupon forward such license and a copy of its order to the Department of Public Safety within ten days after the conviction. The periods of suspension provided for in this Code section shall begin on the date of such person's conviction for the offense resulting in such suspension; provided, however, that, effective January 1, 1992, if, at the time of conviction of unlawful possession of a controlled substance or marijuana, the person does not have a driver's license or the person's driver's license has been previously suspended, the periods of suspension specified by this Code section shall not commence until the person applies for the issuance or rein statement of a driver's license.

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(c) (1) The decision to accept a plea of nolo contendere to a misdemeanor charge of unlawful possession of less than one ounce of marijuana shall be at the sole discretion of the judge. If a plea of nolo contendere is accepted as provided in this subsection, the judge shall, as a part of the disposition of the case, order the defendant to attend and complete the assessment and education/intervention components of a First Offender DUI Alcohol or Drug Use Risk Reduction Program. The order shall stipulate that the defendant shall complete such program within 120 days and that the defendant shall submit evidence of such comple tion to the Department of Public Safety. The judge shall also notify the defendant that, if he fails to complete such program by the date specified in the court's order, his driver's license shall be suspended, by operation of law, as provided in this Code section. The record of the disposition of the case shall be forwarded to the Department of Public Safety.
(2) If a plea of nolo contendere is accepted and the defendant's driver's license has not been suspended under any other provision of this Code and if the defendant has not been convicted of or has not had a plea of nolo contendere accepted to a charge of violating this Code section within the previous five years, the court shall, subject to paragraph (1) of this subsection, return the driver's license to the person; otherwise, such driver's license shall be forwarded to the Department of Public Safety.
(d) Application for reinstatement of a driver's license under paragraph (1) or (2) of subsection (a) of this Code section shall be made on such forms as the commissioner may prescribe and shall be accompanied by proof of completion of the required components of a DUI alcohol or drug uac risk reduction program Alcohol or Drug Use Risk Reduction Pro gram and a restoration fee of $86.00 or $26.00 $210.00 or $200.00 when atreh rcinatatcme*rtr49 processed by mail. Application for a three-year driving permit under paragraph (3) of sub section (a) of this Code section shall be made on such form as the commissioner may pre scribe and shall be accompanied by proof of completion of an approved residential drug treatment program and a fee of $25.00 for such permit.
(e) Notwithstanding any other provision of this Code section or any other provision of this chapter, any person whose license is suspended pursuant to this Code section shall not be eligible for early reinstatement of his license and shall not be eligible for a limited driving permit, but such person's license shall be reinstated only as provided in this Code section.
(f) Except as provided in subsection (a) of this Code section, it shall be unlawful for any person to operate any motor vehicle in this state after such person's license has been sus pended pursuant to this Code section if such person has not thereafter obtained a valid license. Any person who is convicted of operating a motor vehicle before the department has reinstated such person's license or issued such person a three-year driving permit shall be punished by a fine of not less than $750.00 nor more than $5,000.00 or by imprisonment in the penitentiary for not more than 12 months or both.
(g) Notwithstanding the provisions of Code Section 15-11-38 and except as provided in subsection (c) of this Code section, an adjudication of a minor child as a delinquent child or an unruly child for possession of marijuana or a controlled substance in violation of subsec tion (b) of Code Section 16-13-2 or subsection (a) or (j) of Code Section 16-13-30 shall be deemed a conviction for purposes of this Code section.
(h) Notwithstanding the provisions of subsection (a) of this Code section, licensed driv ers who are 16 years of age who are adjudicated in a juvenile court pursuant to this Code section may, at their option, complete an assessment component and an education/interven tion component or intensive intervention component of a DUI alcohol or drug uac risk re duction program Alcohol or Drug Use Risk Reduction Program operated by or under con tract with the juvenile court in lieu of a program as prescribed by the Department of Human Resources."
Section 26. Said title is further amended by striking Code Section 40-5-103, relating to the fee for an identification card, in its entirety and inserting in lieu thereof a new Code Section 40-5-103 to read as follows:
"40-5-103. (a) The Except as provided in subsections (b) and (c) of this Code section,

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the department shall collect a fee of $6.00 $10.00 for the identification card, which fee shall be deposited in the state treasury in the same manner as other motor vehicle driver's license fees.
(b) The department shall collect a fee of $5.00 for the identification card for all persons who are referred by a nonprofit organization which organization has entered into an agree ment with the Department of Public Safety whereby such organization verifies that the in dividual applying for such identification card is indigent. The department shall enter into such agreements and shall adopt rules and regulations to govern such agreements.
(b)(c) The department shall not be authorized to collect a fee for an identification card from those persons who are entitled to a free veterans' driver's license under the provisions of Code Section 40-5-36."

Section 27. Chapter 10 of Title 48 of the Official Code of Georgia Annotated, relating to motor vehicle license fees and plates, is amended by striking Code Section 48-10-2, relating to annual license fees, in its entirety and inserting in lieu thereof a new Code Section 48-102 to read as follows:

"48-10-2. The annual fees for the licensing of the operation of vehicles shall be as fol lows for each vehicle registered:

(1) For each passenger motor vehicle not operated as a common or contract carrier for hire .................................................. $8^6 20.00

(2) For each motorcycle ....... ................................. . . . . . m 20.00

(3) (A) For each private truck in accordance with the owner declared gross vehicle weight, as follows:

(i) Less than 14,000 Ibs. ............................................... 8^6 20.00

(ii) 14,000 to 18,000 Ibs. ........................................... . . 36^6 25.00

(iii) 18,001 to 26,000 Ibs. ............................................. mm 38.00

(iv) 26,001 to 30,000 Ibs. .......... .................................. 46^6 50.00

(v) 30,001 to 36,000 Ibs. .............................................. 66^6 75.00

(vi) 36,001 to 44,000 Ibs. ........................................... . 100.00 125.00

(vii) 44,001 to 54,999 Ibs. .......................................... 176.00 200.00

(viii) 55,000 to 63,280 Ibs. ......................................... . 276.00 345.00

(ix) 63,281 Ibs. to maximum permitted

876.00 470.00

(B) Subparagraph (A) of this paragraph notwithstanding:

(i) A straight truck which is not a truck-tractor shall not be classified higher than
<cJt^>e/U.rU\nw.,

(ii) A straight truck hauling fertilizer and agricultural products shall not be classified higher than $26.00 $31.00; and

(iii) A truck-tractor hauling fertilizer or milk shall not be classified higher than
200.00

(4) For each farm truck ............................................... 8^6 20.00

(5) Except as otherwise specifically provided in this Code section, for each private trailer ................................................................... 8^6 20.00

(6) (A) For each farm trailer including, but not limited to, horse and cattle trailers, the maximum fee shall be f&QO $20.00.

MONDAY, MARCH 23, 1992

2103

(B) There shall be no fee for trailers:

(i) Used exclusively to haul agricultural products from one place on the farm to another or from one farm or field to another;

(ii) With no springs which are being employed in hauling unprocessed farm products to their market destination; and

(iii) With no springs which are pulled from a tongue and used primarily to transport fertilizer to the farm;

(7) For house trailers, auto trailers, and boat trailers, whether pulled by a private auto

mobile or a private truck, and not used as or in connection with a motor vehicle, truck, or

tractor used as a common or contract carrier for hire

8.00 20.00

(8) For trailers used as or in connection with a motor vehicle, truck, or tractor used as a common or contract carrier for hire ........................................ 8.00 20.00

(9) For each motor bus or van-type vehicle used as a common or contract carrier for hire in public transportation transporting passengers, the following:

(A) Weighing 10,000 pounds or less, $*r6e $1.90 per 100 pounds factory weight or frac tional part of 100 pounds factory weight;

(B) Weighing more than 10,000 pounds and not over 15,000 pounds factory weight, $2.20 $2.75 for each 100 pounds or fractional part of 100 pounds factory weight;

(C) Weighing more than 15,000 pounds and not more than 20,000 pounds factory weight, $2.76 $3.45 for each 100 pounds or fractional part of 100 pounds factory weight; and

(D) Weighing more than 20,000 pounds factory weight, $8.004 $3.75 for each 100 pounds or fractional part of 100 pounds factory weight. No motor bus license fee shall ex ceed $700.00 $875.00;

(10) (A) For each truck or nonpassenger-carrying motor vehicle operated as a common or contract carrier for hire in accordance with owner declared gross vehicle weight, as follows:

(i) Less than 14,000 Ibs. .............................................. .ftW 20.00

(ii) 14,000 to 18,000 Ibs. ............................................. .20^0 25.00

(iii) 18,001 to 26,000 Ibs. ............................................ Wm 38.00

(iv) 26,001 to 30,000 Ibs. ............................................ 89^0 100.00

(v) 30,001 to 36,000 Ibs. ........................................... 120.00 150.00

(vi) 36,001 to 44,000 Ibs. ........................................... 309^6 250.00

(vii) 44,001 to 54,999 Ibs. .......................................... 860.00 440.00

(viii) 55,000 to 63,280 Ibs. ......................................... 660.00 690.00

(ix) 63,281 Ibs. to maximum permitted .............................. 700.00 875.00

(B) Subparagraph (A) of this paragraph notwithstanding, a straight truck which is not a truck-tractor shall not be classified higher than $120.00 $150.00;

(11) For each truck leased to a common or contract carrier without regard to the dura tion of the lease and in accordance with the owner declared gross vehicle weight, the same license fees as required under paragraph (10) of this Code section;

(12) For each motor driven hearse or ambulance

8r06 20.00

(13) For each school bus operated exclusively in the transportation of pupils and teach ers to and from schools or school activities or in the transportation of the owner and the members of his immediate family, the sum of $6.00 $20.00. A bus owned by a church or owned in common with other churches and used and operated exclusively for the church in transporting members and patrons to and from church or church activities, when no part of

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the proceeds of the operation of the bus inures to the benefit of any private person, shall be licensed for the sum of $6.00 $20.00 in the same manner as school buses when the bus complies with the laws applicable to school buses;
(14) For each motor vehicle owned by the state or by a political subdivision or munici pality of the state and used exclusively for governmental functions ................. 1.00
(15) For each motor vehicle used by carriers and operated under special franchise granted by the United States Department of Defense over a route of not more than 20 miles in length which is solely between a point in this state and a point within a United States military reservation in this state ........................................... 6r69 20.00
(16) Heavy earth-moving machinery, not including trucks, used primarily off the high way shall not be required to be licensed under this chapter;
(17) (A) Trucks transporting logs, pulpwood, or other forest products shall be licensed in accordance with the following annual fees:
(i) Straight trucks and truck-tractors pulling a single pole trailer hauling logs from the woods to the sawmill ......... ........................................... 30.00 38.00
(ii) Other truck-tractors ......... .................................. 176.00 220.00
(B) Skidders, tractors, and loaders used only in the woods shall not be required to be licensed. Trucks and truck-tractors as specified in subparagraph (A) of this paragraph shall be licensed in accordance with this paragraph even though the trucks or truck-tractors are also used to transport skidders, tractors, loaders, and other logging equipment. Trucks and truck-tractors specified in subparagraph (A) of this paragraph shall not be required to pay additional fees or obtain additional license plates in order to transport logging equipment owned by the owner of the trucks or truck-tractors."
Section 28. Said chapter is further amended by striking Code Section 48-10-2.1, relating to fees for apportionable vehicles, in its entirety and inserting in lieu thereof a new Code Section 48-10-2.1 to read as follows:
"48-10-2.1. (a) Except as otherwise provided for in this Code section, the annual fee for all apportionable vehicles not operated as a common or contract carrier for hire in accor dance with owner declared gross vehicle weight or combined vehicle gross weight shall be as follows:
(1) 26,001 to 30,000 Ibs. ............................................. $4&e0 50.00
(2) 30,001 to 36,000 Ibs. .............................................. 60^6 75.00
(3) 36,001 to 44,000 Ibs. ........................................... 100.00 125.00
(4) 44,001 to 54,999 Ibs. ........ ............ ..................... 176.00 220.00
(5) 55,000 to 63,280 Ibs. ........................................... 276.00 345.00
(6) 63,281 Ibs. to maximum permitted ............................... 376.00 470.00
(b) Except as otherwise provided for in this Code section, the annual fee for all appor tionable vehicles operated as a common or contract carrier for hire in accordance with owner declared gross vehicle weight or combined vehicle gross weight shall be as follows:
(1) 26,001 to 30,000 Ibs. ............................................ .WM 100.00
(2) 30,001 to 36,000 Ibs. ........................................... 120.00 150.00
(3) 36,001 to 44,000 Ibs. .......... ................................ 200.00 250.00
(4) 44,001 to 54,999 Ibs. ........................................... 360.00 440.00
(5) 55,000 to 63,280 Ibs. ........................................... 660.00 690.00
(6) 63,281 Ibs. to maximum permitted ............................... 700.00 875.00
(c) For each apportionable motor bus or van-type vehicle the fee is $3.00 $3.75 for each

MONDAY, MARCH 23, 1992

2105

100 pounds or fractional part of 100 pounds factory weight. No motor bus license fee shall exceed $700.00 $875.00.
(d) Trucks transporting logs, pulpwood, or other forest products shall be issued re stricted license plates and the fees shall be as enumerated in Code Section 48-10-2.
(e) Each school bus operated exclusively in the transportation of pupils and teachers to and from schools or school activities or in the transportation of the owner and his immedi ate family shall be issued a restricted license plate for the sum of $5.00. A bus owned by a church or owned in common with other churches and used and operated exclusively for the church in transporting members and patrons to and from church or church activities, when no part of the proceeds of the operation of the bus inures to the benefit of any private person, shall be issued a restricted license plate for the sum of $5.00 in the same manner as school buses when the bus complies with the laws applicable to school buses.
(f) A truck or a truck-tractor hauling fertilizer or milk shall be issued a restricted li cense plate with the fee computed in accordance with Code Section 48-10-2.
(g) A farm vehicle shall be issued a restricted license plate with the fee computed in accordance with Code Section 48-10-2."
Section 29. Said chapter is further amended by striking Code Section 48-10-3, relating to registration and licensing of manufacturers and dealers, in its entirety and inserting in lieu thereof a new Code Section 48-10-3 to read as follows:
"48-10-3. (a) Manufacturers and dealers engaged in the manufacture or sale of motor vehicles, tractors, or trailers shall register with the commissioner and shall apply for a dis tinguishing dealer's number. The application shall specify the name and make of motor vehicle, tractor, or trailer manufactured or sold by the applicant and shall be made upon forms prepared by the commissioner. The applicant shall pay at the time of making applica tion a fee of $26.00 $31.00. For the fee, the commissioner shall furnish the applicant one number plate to be known as a dealer's number and to be distinguished from the number plates provided in this Code section by a different and distinguishing color to be determined by the commissioner. The dealer's number plate shall have the word 'Dealer' on its face and shall be used for the purpose of demonstrating or transporting a manufacturer's or dealer's vehicles or trailers for sale. No dealer or manufacturer may use or permit to be used a dealer's number for private use or on cars for hire or for lease or in any other manner not provided in this Code section.
(b) In the event a dealer or manufacturer desires more than one number plate, he shall so state on the application and, in addition to the fee of $26.00 $31.00, shall pay a fee of $6.00 $6.00 for each additional number plate furnished.
(c) Each person engaged in the business of transporting motor vehicles for others under the motor vehicle's own power shall be entitled to obtain license plates under this Code section, but the plates shall be used only on vehicles being transported.
(d) Each person engaged in the business of transporting mobile homes and house trail ers for others shall be entitled to obtain license plates under this Code section.
(e) This Code section shall not apply in any manner to farm tractors."
Section 30. Said chapter is further amended by striking Code Section 48-10-6, relating to transfers of annual license plates, in its entirety and inserting in lieu thereof a new Code Section 48-10-6 to read as follows:
"48-10-6. The annual license and plate issued for the operation of a vehicle described in paragraph (3), (9), or (10) of Code Section 48-10-2, except those named in divisions (3)(A)(i), (3)(A)(ii), (3)(A)(iii), (10)(A)(i), (10)(A)(ii), and (10)(A)(iii) of Code Section 48-102, may be transferred with the approval of the commissioner from a destroyed or retired motor vehicle to another vehicle upon payment of a transfer fee of $1.00 $5.00 and upon presentation of an appropriate application for transfer. If the substituted vehicle normally

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calls for a higher-priced plate than the vehicle displaced, a proportionate additional fee shall be paid for the remainder of the taxable year."
Section 31. Sections 1, 2 through 11, 13 through 15, 27, and 29 of this Act shall become effective May 15, 1992, Section 28 shall become effective January 1, 1993, and the remaining sections of this Act shall become effective April 1, 1992.
Section 32. All laws and parts of laws in conflict with this Act are repealed.
Senator Ramsey of the 54th offered the following amendment:

Amend the substitute to HB 1145 offered by the Senate Committee on Finance and Public Utilites by striking lines 30 through 42 of page 36 in their entirety and inserting in lieu thereof the following:

"(iv) 26,001 to 30,000 Ibs. ................... ....... 40^0 45.00

(v) 30,001 to 36,000 Ibs. .................................... 60^0 70.00

(vi) 36,001 to 44,000 Ibs. ..................... 100.00 115.00

(vii) 44,001 to 54,999 Ibs. ................................ 176.00 190.00

(viii) 55,000 to 63,280 Ibs. ................................... 276.00 300.00

(ix) 63,281 Ibs. to maximum permitted

............ 376.00 400.00".

By striking line 34 of page 37 in its entirety and inserting in lieu thereof the following:

$12.00".

By striking lines 1 through 14 of page 38 in their entirety and inserting in lieu thereof the following:

"(7) For house trailers, auto trailers, and boat trailers, whether pulled by a private auto

mobile or a private truck, and not used as or in connection with a motor vehicle, truck, or

tractor used as a common or contract carrier for hire

8.00 12.00

(8) For trailers used as or in connection with a motor vehicle, truck, or tractor used as a common or contract carrier for hire .......... . ......... &00 12.00".

By striking lines 1 through 17 of page 39 in their entirety and inserting in lieu thereof the following:

"(ii) 14,000 to 18,000 Ibs. .... .

. . ................. 20:00 25.00

(iii) 18,001 to 26,000 Ibs. . . . .............. 30^0 38.00

(iv) 26,001 to 30,000 Ibs.

.......................... 800 85.00

(v) 30,001 to 36,000 Ibs. ......... . ........

..... 120.00 130.00

(vi) 36,001 to 44,000 Ibs. ....................

....... 200.00 215.00

(vii) 44,001 to 54,999 Ibs. ................... .......... 360.00 365.00

(viii) 55,000 to 63,280 Ibs. ............

.... 660.00 575.00

(ix) 63,281 Ibs. to maximum permitted ...........

.... 700.00 725.00".

By striking lines 20 through 38 of page 41 in their entirety and inserting in lieu thereof the following:

"(1) 26,001 to 30,000 Ibs. ................ ......... $40^0 45.00

(2) 30,001 to 36,000 Ibs. .................... .... ....... .......... 60^0 70.00

(3) 36,001 to 44,000 Ibs. ........................................... 100.00 115.00

(4) 44,001 to 54,999 Ibs. .... ...........................

176.00 190.00

(5) 55,000 to 63,280 Ibs. . . . . . ........................... .

276.00 300.00

MONDAY, MARCH 23, 1992

2107

(6) 63,281 Ibs. to maximum permitted .............................. 376.00 400.00
(b) Except as otherwise provided for in this Code section, the annual fee for all apportionable vehicles operated as a common or contract carrier for hire in accordance with owner declared gross vehicle weight or combined vehicle gross weight shall be as follows:
(1) 26,001 to 30,000 Ibs. ......... ................................ $80^6 85.00 (2) 30,001 to 36,000 Ibs. ......... ............................... 120.00 130.00 (3) 36,001 to 44,000 Ibs. ......... ........................ . . . 200.00 215.00 (4) 44,001 to 54,999 Ibs. ............. ............... ............. 360.00 365.00 (5) 55,000 to 63,280 Ibs. .......................... ................ 660.00 575.00 (6) 63,281 Ibs. to maximum permitted ............................. 700.00 725.00".

On the adoption of the amendment, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Bishop Bowen Broun of 46th Burton Clay DCoealllins
Dean
Echols
Edge Egan

Foster Gillis Harris Hasty Henson Hooks HLaungggfionrsd
Marable
Moye
Newbill Perry

Phillips Ragan of 10th Ragan of 32nd Ramsey Scott Tatg
Thompson Timmons Turner Walker of 22nd White

Those voting in the negative were Senators:

Alien Baldwin Brown of 26th CDoawlekminans English Hammill

Hill Johnson K;dd Perd,ue Pollard Ray

Robinson Starr Steinberg
Taylor Tysinger Walker of 43rd

Not voting were Senators Garner and Shumake.

On the adoption of the amendment, the yeas were 35, nays 19, and the amendment was adopted.

On the adoption of the substitute, the yeas were 28, nays 1, and the substitute was adopted as amended.

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

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

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Those voting in the affirmative were Senators:

Alien Baldwin Bishop Bowen Broun of 46th Brown of 26th CDoawlekminans Dean Echols English
Foster Gillis Hammill

Harris Hasty Henson Hill Hookg R. ^ T , B&8on Kldd Langford Marable
Moye Perdue Pollard

Ragan of 10th Ramsey Ray Robinson Scott gtarr S_ tem. b, erg Tate Taylor Timmons
Turner Walker of 22nd Walker of 43rd

Those voting in the negative were Senators:

Albert
Burton Clay Collins
Deal

Edge
Egan Newbill Perry
Phillips

Ragan of 32nd Thompson
Tysmger White

Not voting were Senators Garner and Shumake.

On the passage of the bill, the yeas were 40, nays 14.

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 substituted by the House, to the following bill of the House:

HB 1672. By Representives 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.

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

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.
The House substitute to the Senate substitute to HB 1672 was as follows:
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 provide for the compensation of the commissioners and the

MONDAY, MARCH 23, 1992

2109

chairman; 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 for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act 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 part-time commissioners and one member shall be known as chairman. The chair man 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, Com missioner District 3, and Commissioner District 4. Only those persons who possess the quali fications set forth hereinafter and who reside within that district, as hereinafter described, shall be eligible to offer for election to Commissioner Districts 1, 2, 3, and 4. Persons offer ing 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."
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 follows:
Commissioner District: 1
COBB COUNTY VTD: 0001 ACWORTH VTD: 0006 BIG SHANTY 1 VTD: 0007 BIG SHANTY 2 VTD: 0008 BIG SHANTY 3 VTD: 0013 CHEATHAM HILL 1 VTD: 0018 DOBBINS 2 (Part) Tract: 0305.03 Block(s): 208B VTD: 0020 DUE WEST VTD: 0022 ELIZABETH 1 VTD: 0023 ELIZABETH 2 (Part) Tract: 0305.01 Block(s): 306, 307B, 308B, 501, 502, 503, 504, 601C, 601D, 602F, 602G, 602H, 602J, 602K, 602L, 603, 604D, 604E, 604F, 605C, 605D, 606C, 701B, 702, 703, 704, 705, 706, 707, 708, 709, 710B, 710C, 711B, 711C, 713, 714, 715, 716, 717B, 718B, 819 VTD: 0024 ELIZABETH 3 (Part) Tract: 0305.02 Block(s): 201B, 202C VTD: 0025 ELIZABETH 4 (Part) Tract: 0305.02 Block(s): 301, 302B, 303C, 303D, 303E, 304B, 305C, 305D, 305E, 306, 307, 308, 309, 310, 316B, 317B, 317C, 318B, 319 Tract: 0305.03 Block(s): 302C, 307C, 308B, 309C, 309D, 310, 311, 312, 313, 314B, 315C, 318B, 411B, 411C, 411D, 412B, 413B VTD: 0032 FAIR OAKS 6 (Part) Tract: 0306.

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Block(s): 108B, 109C, 110C, 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: 0033 FULLERS 1 AND FULLERS 2 (Part) Tract: 0304.05 Block(s): 205B
VTD: 0049 KENNESAW 1 VTD: 0050 KENNESAW 2 VTD: 0051 LOST MOUNTAIN VTD: 0058 MARIETTA 2A VTD: 0059 MARIETTA 3 VTD: 0060 MARIETTA 4 VTD: 0061 MARIETTA 5 VTD: 0062 MARIETTA 6 (Part)
Tract: 0304.05. Block(s): 205A
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, 307A, 307B, 308A, 309A, 309B, 314A, 315A, 315B, 316A, 316B, 317, 318A, 407, 408, 409, 410, 411A, 412A, 413A, 414, 415, 416, 417, 418, 419A, 502A, 601, 603, 604
Tract: 0307. Block(s): 106, 107, 109, 201
VTD: 0064 MARS Hill 1 VTD: 0065 MARS Hill 2 VTD: 0066 MARS Hill 3 VTD: 0075 OREGON 1 VTD: 0077 OREGON 3 VTD: 0078 OREGON 4 VTD: 0090 RED ROCK VTD: 0093 SEWELL MILL 3 AND SEWELL MILL 4 (Part)
Tract: 0305.03 Block(s): 205C, 419B, 419C
VTD: OOB6 KEMP VTD: OOB8 CHEATHAM HILL 2 VTD: OOB9 MARIETTA 2B VRD: OOCl OREGON 5
Commissioner District: 2
COBB COUNTY VTD: 0011 CHATTAHOOCHEE 1 VTD: 0012 CHATTAHOOCHEE 2 VTD: 0017 DOBBINS 1 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): 102B, 103B, 104, 105, 301B, 401C, 401D, 401E, 503B, 504, 601B, 603B

MONDAY, MARCH 23, 1992

2111

Tract: 0304.06 Block(s): 401D, 401F, 501D
Tract: 0310.01 Block(s): 910C, 925C
Tract: 0311.08 Block(s): 102H, 102J, 314B, 401D, 401E, 403, 404A, 405A, 406, 407, 408, 409B, 411D
VTD: 0021 EASTSIDE VTD: 0032 FAIR OAKS 6 (Part)
Tract: 0308. Block(s): 206B
VTD: 0033 FULLERS 1 AND FULLERS 2 (Part) Tract: 0304.02 Block(s): 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 216, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 601B, 602, 603, 604B, 605, 606, 608, 609, 611, 613, 614, 615B, 649, 650 Tract: 0304.05 Block(s): 301, 302, 303, 304, 401C, 401D, 401E, 402B, 403, 404, 405, 406B, 407C, 501, 502, 503, 504, 601B, 601C, 602B, 603C, 701B, 702, 703, 704B, 901, 902, 903, 904, 905
VTD: 0035 FULLERS 3 VTD: 0036 FULLERS 4 VTD: 0037 FULLERS 5 VTD: 0062 MARIETTA 6 (Part)
Tract: 0304.01 Block(s): 901A, 919A
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, 401A, 402A, 601A, 602A, 603A, 603B, 701A, 704A, 801, 802, 803
VTD: 0063 MARIETTA 7 VTD: 0067 MT BETHEL 1 VTD: 0069 MT BETHEL 3 VTD: 0071 NORTON PARK 1 (Part)
Tract: 0311.05 Block(s): 107B, 116E, 130B, 136B, 137B, 139B
VTD: 0072 NORTON PARK 2 (Part) Tract: 0311.07 Block(s): 201B, 202B, 203A, 203F, 203G, 203H, 203J, 206B, 217, 226B, 227, 306C, 309B, 323B
VTD: 0073 OAKDALE 1 VTD: 0074 OAKDALE 2 (Part)
Tract: 0311.07 Block(s): 204B, 204C, 205C, 205D, 205E, 205F, 207B, 303, 304, 305, 306E, 307B, 317C, 318B, 318C, 321B, 322, 324, 326
Tract: 0312.02 Block(s): 401, 402, 437B, 438F, 439B, 601C, 602, 603B, 604, 605C, 606, 607B, 608C, 608D, 609B, 612B, 612C, 613B, 613D, 613E, 613F, 650
VTD: 0079 PARKAIRE VTD: 0092 SEWELL MILL 2 VTD: 0093 SEWELL MILL 3 AND SEWELL MILL 4 (Part)
Tract: 0304.01 Block(s): 106, 117, 118, 201, 202, 209, 210, 901B, 902, 903, 904, 905, 906B, 909, 910, 911, 912, 913, 914, 915, 916, 917, 918, 919B

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Tract: 0304.02 Block(s): 122, 127
VTD: 0095 SMYRNA 1 VTD: 0096 SMYRNA 2 VTD: 0097 SMYRNA 3 VTD: 0098 SMYRNA 4 VTD: 0099 SMYRNA 5 VTD: OOAl SMYRNA 6 (Part)
Tract: 0310.01 Block(s): 210, 216C, 216D, 228B
Tract: 0310.02 Block(s): 120A
Tract: 0310.03 Block(s): 110A, 112A
Tract: 0311.01 Block(s): 101A, 105, 106A, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 121A, 122A, 302, 303, 311, 312, 313, 314, 315
Tract: 0311.05 Block(s): 101, 102
Tract: 0311.08 Block(s): 303A, 304, 308, 310A, 319
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
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: 0016 DICKERSON VTD: 0019 DODGEN VTD: 0023 ELIZABETH 2 (Part) Tract: 0305.01 Block(s): 205, 206, 207, 208, 209, 210, 301B, 302, 303, 304, 305, 309, 310, 311, 409, 601B 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: 0305.03 Block(s): 302B, 302D, 303, 304, 305, 306, 401, 402B, 404, 405, 406B VTD: 0026 ELIZABETH 5 AND SEWELL MILL 1 VTD: 0033 FULLERS 1 AND FULLERS 2 (Part) Tract: 0304.01 Block(s): 907B, 908, 920B, 920C VTD: 0038 GARRISON MILL

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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: 0062 MARIETTA 6 (Part)
Tract: 0304.01 Block(s): 906A, 907A, 920A, 920D
Tract: 0305.03 Block(s): 302A, 402A, 403, 406A, 501A, 502B, 503A
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: 0093 SEWELL MILL 3 AND SEWELL MILL 4 (Part)
Tract: 0304.01 Block(s): 203, 204, 205, 206, 207, 208, 920E
Tract: 0305.03 Block(s): 201, 202B, 203, 204, 205B, 206, 501B, 502C, 503B, 503C, 504, 505, 506, 507, 508
VTD: OOB3 CRITTERS 8 VTD: OOB4 CRITTERS 11 VTD: OOB5 CRITTERS 10 VTD: OOB7 CRITTERS 9
Commissioner District: 4
COBB COUNTY VTD: 0002 AUSTELL VTD: 0009 BIRNEY 1 VTD: 0015 CLARKDALE VTD: 0018 DOBBINS 2 (Part) Tract: 0304.04 Block(s): 101E Tract: 0304.06 Block(s): 101C, 101D, 101E, 101F, 101G, 102B, 301B, 301C, 401C, 401E 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, 910L, 910M, 910N, 910P, 913, 914, 915A, 915B, 915C, 915D, 916, 917, 918, 919A, 919B, 920, 921, 922, 923, 924A, 924B, 924C, 925B Tract: 0311.08 Block(s): 202B, 209B, 301, 302, 303B, 305, 306, 307, 309, 310B, 311, 312, 313B, 313C, 316, 317, 318, 320B, 321B, 322, 404B, 405C 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: 0046 HOWELLS 1 VTD: 0047 HOWELLS 2

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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 VTD: 0070 MT. HARMONY VTD: 0071 NORTON PARK 1 (Part)
Trace: 0311.05 Block(s): 105B, 112, 116D, 116F, 116G, 117, 118, 124B, 126B, 126C, 127, 128B, 129, 130C, 132, 135C, 136C, 601, 602, 603, 604, 615, 620, 621, 623, 624, 625
Tract: 0311.06 Block(s): 409, 410
Tract: 0311.07 Block(s): 404, 405, 406, 407, 408, 411, 413, 414, 415, 419, 420, 422
VTD: 0072 NORTON PARK 2 (Part) Tract: 0311.05 Block(s): 113, 114, 131, 134, 139C, 605, 606, 607, 608, 609B, 610, 611, 612, 613, 614, 616, 617, 618, 619, 622, 627 Tract: 0311.06 Block(s): 412 Tract: 0311.07 Block(s): 315B, 401B, 402, 403, 409A, 409C, 409D, 410, 416B, 417, 418B, 421B
VTD: 0074 OAKDALE 2 (Part) Tract: 0311.07 Block(s): 306D Tract: 0312.02 Block(s): 320, 321, 322, 323, 324B, 326, 328, 331B, 613C
VTD: 0076 OREGON 2 VTD: 0080 PEBBLEBROOK VTD: 0089 POWDER SPRINGS VTD: OOA1 SMYRNA 6 (Part)
Tract: 0310.03 Block(s): 113A
VTD: OOA6 SWEETWATER 1 VTD: OOA7 SWEETWATER 2 VTD: OOA8 SWEETWATER 3 VTD: OOC2 BIRNEY 2
For purposes of this subsection:
(1) The terms 'Tract,' 'Block,' and 'VTD' shall mean and describe the same geograhical 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

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such part which contains the least population according to the United States decennial cen sus of 1990 for the State of Georgia; and
(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 four years each and until their respective successors are duly elected and qualified. Any person elected in a special election pursuant to Section 5 of this Act to fill the unexpired term of either Commissioner Post 1 or 3 after the effective date of this Act shall serve the remainder of that term until December 31, 1994.
(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 31, 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."

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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 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 $34,000.00 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, and shall ap point 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 commission members and chairman."
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. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Pursuant to Section 5 of the federal Voting Rights

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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.
Section 10. All laws and parts of laws in conflict with this Act are repealed.
Senator Clay of the 37th moved that the Senate agree to the House substitute to the Senate substitute to HB 1672.
On the motion, the yeas were 39, nays 0; the motion prevailed, and the Senate agreed to the House substitute to the Senate substitute to HB 1672.
Senator Timmons of the llth introduced the Seminole County High School basketball team who were commended by SR 552, adopted previously.
The President announced that the Senate would stand in recess from 1:05 o'clock P.M. until 1:50 o'clock P.M.
At 1:50 o'clock P.M., the President called the Senate to order.
Senator Phillips of the 9th moved that the following Senators be excused from the Sen ate to attend the funeral of the father of Senator Garner of the 30th:
Senators Harris of the 27th, Edge of the 28th, Hill of the 4th, Bowen of the 13th, Thompson of the 33rd and Deal of the 49th.
On the motion, the yeas were 29, nays 0; the motion prevailed, and Senators Garner of the 30th, Harris of the 27th, Edge of the 28th, Hill of the 4th, Bowen of the 13th, Thompson of the 33rd and Deal of the 49th were excused from the Senate to attend Mr. Garner's funeral.
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 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.
Senator Gillis of the 20th assumed the Chair at the direction of the President.
The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage:
HB 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. Senate Sponsor: Senator Dawkins of the 45th.

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The Senate Committee on Finance and Public Utilities offered the following substitute to HB 1146:
A BILL
To be entitled an Act to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to provide for limitations on the amount of the reim bursement deduction allowed to dealers for collecting certain sales and use taxes and the second motor fuel tax; to change the rate and procedures with respect to such deduction; to provide for a definition; to change certain provisions relating to the reimbursement and deduction for collecting county and municipal excise taxes on charges to the public for rooms, lodgings, and accommodations; 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 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended by striking Code Section 48-8-50, relating to compensation of dealers for reporting and paying the state sales and use tax, and inserting in lieu thereof a new Code Section 48-8-50 to read as follows:
"48-8-50. (a) As used in this Code section, the term 'affiliated entity' means with re spect to any corporation, sole proprietorship, partnership, limited partnership, enterprise, franchise, association, trust, joint venture, or other entity, any other corporation, sole pro prietorship, partnership, limited partnership, enterprise, franchise, association, trust, joint venture, or other entity related thereto:
(1) As a parent, subsidiary, sister, or daughter corporation, sole proprietorship, partner ship, limited partnership, enterprise, franchise, association, trust, joint venture, or other entity;
(2) By control of one corporation, sole proprietorship, partnership, limited partnership, enterprise, franchise, association, trust, joint venture, or other entity by the other; of
(3) By any other common ownership or control.
(b) Each dealer required to file a return under this article shall include such dealer's certificate of registration number or numbers for each sales location or affiliated entity of such dealer on such return. In reporting and paying the amount of tax due under this arti cle, each dealer shall be allowed a the following deduction of 3 percent of the amount due, but only if the amount due was not delinquent at the time of payment?; and that deduction shall be subject to the provisions of subsection (f) of this Code section pertaining to calcula tion of the deduction when more than one tax is reported on the same return:
(1) With respect to each certificate of registration number on such return, a deduction of 3 "percent of the first $3,000.00 of the combined total amount of all sales and use taxes reported due on such return for each location; and
(2) With respect to each certificate of registration number on such return, a deduction of one-half of 1 percent of that portion exceeding $3,000.00 of the combined total amount of all sales and use taxes reported due on such return for each location.
(c) The department shall compile and maintain a master registry of the certificate of registration numbers filed on such returns with respect to all the affiliated business entities and multiple locations of each dealer and shall assign a master number to each dealer. Each dealer required to file a return under this article shall also include such dealer's master number on such return if such number has been assigned by the department under this subsection.
(d) With respect to a dealer which consists of only a single sales location or which con sists of a group of fewer than four sales locations or affiliated entities, or any combination thereof, claiming such deduction, a separate return shall be filed for each sales location and affiliated entity for each reporting period. With respect to a dealer which consists of a group

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of four or more sales locations or affiliated entities, or any combination thereof, claiming such deduction, a single, consolidated return shall be filed for such entire group. A consoli dated return under this subsection shall be used for the purpose of identifying the sales locations or affiliated entities of a dealer and such consolidated return shall identify sepa rately the reporting and paying of the tax due under this article for each sales location or affiliated entity of such dealer. The deduction requirements of subsection (b) of this Code section shall apply separately to each certificate of registration number on such return.
(e) No deduction shall be allowed under this Code section unless all of the requirements of subsections (b), (c), and (d) of this Code section have been satisfiedT
(f) The deduction authorized under this Code section shall be combined with and calcu lated with the deductions authorized under Code Section 48-8-87, Code Section 48-8-113, Section 25 of an Act approved March 10, 1965 (Ga.L. 1965, p. 2243), as amended, the 'Metropolitan Atlanta Rapid Transit Authority Act of 1965,' and any other sales tax, use tax, or sales and use tax which is levied and imposed in an area consisting of less than the entire state, however authorized, by applying the deduction rate specified in this Code sec tion against the combined total of all such taxes reported due on the same return.
(g) The reimbursement deduction authorized under Section 25 of an Act approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended, the 'Metropolitan Atlanta Rapid Transit Authority Act of 1965,' shall be at the rate and subject to the requirements specified under subsections (b) through (f) of this Code section?
Section 2. Said title is further amended by striking Code Section 48-8-87, relating to the administration and collection of the local option sales and use tax, and inserting in its place a new Code Section 48-8-87 to read as follows:
"48-8-87. The tax levied pursuant to this article shall be exclusively administered and collected by the commissioner for the use and benefit of each county whose geographical boundary is conterminous with that of a special district and of each qualified municipality located wholly or partially therein. Such administration and collection shall be accomplished in the same manner and subject to the same applicable provisions, procedures, and penalties provided in Article 1 of this chapter; provided, however, that all moneys collected from each taxpayer by the commissioner shall be applied first to such taxpayer's liability for taxes owed the state. Dealers shall be allowed a percentage of the amount of the tax due and accounted for and shall be reimbursed in the form of a deduction in submitting, reporting, and paying the amount due if such amount is not delinquent at the time of payment. The rate of the deduction shall be at the same rate authorized for deductions from the state tax imposed by Article 1 of this chapter and subject to the requirements specified under subsec tions (b) through (f) of Code Section 48-8-50."
Section 3. Said title is further amended by striking Code Section 48-8-113, relating to administration and collection of the special county 1 percent sales and use tax, and inserting in its place a new Code Section 48-8-113 to read as follows:
"48-8-113. A tax levied pursuant to this article shall be exclusively administered and collected by the commissioner for the use and benefit of the county imposing the tax. Such administration and collection shall be accomplished in the same manner and subject to the same applicable provisions, procedures, and penalties provided in Article 1 of this chapter; provided, however, that all moneys collected from each taxpayer by the commissioner shall be applied first to such taxpayer's liability for taxes owed the state. Dealers shall be allowed a percentage of the amount of the tax due and accounted for and shall be reimbursed in the form of a deduction in submitting, reporting, and paying the amount due if such amount is not delinquent at the time of payment. The rate of the deduction shall be at the same rate authorized for deductions from the atatc tax imposed by Article 1 of thia cTTaptcr and sub j5e0c7t1 to the requirements specified under subsections (b) through (f) of Code Section 48-8-
Section 4. Said title is further amended by striking subsection (c) of Code Section

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48-9-14, relating to the second motor fuel tax, and inserting in its place a new subsection (c) to read as follows:
"(c) (1) fe Except as otherwise provided in paragraph (2) of this subsection, in all other respects, "trie tax imposed by this Code section shall be administered and collected, dealers shall be compensated, and penalties and interest shall be imposed in the same manner as the sales and use tax collected pursuant to Article 1 of Chapter 8 of this title.
(2) Dealers shall be allowed a percentage of the amount of the tax due and accounted for and shall be reimbursed in the form of a deduction in submitting, reporting, and paying the amount due. Each dealer shall be allowed a deduction of 3 percent of the amount due, but only if the amount was not delinquent at the time of payment. Except as to rate, the deduction shall be subject to the requirements specified under subsections (b) through (f) of Code Section 48-8-50?1
Section 5. Said title is further amended by striking Code Section 48-13-52, relating to the reimbursement deduction allowed for collecting county and municipal excise taxes on charges to the public for rooms, lodgings, and accommodations and inserting in its place a new Code Section 48-13-52 to read as follows:
"48-13-52. Each person collecting the tax authorized by this article shall be allowed a percentage of the tax due and accounted for and shall be reimbursed in the form of a deduc tion in submitting, reporting, and paying the amount due if the amount due is not delin quent at the time of payment. The rate of the deduction shall be the same rate authorized for deductions from the state sales and uac tax under Article 1 of Chapter 8 of this title 3 percent of the amount due, but only if the amount due was not delinquent at the time o? payment?1
Section 6. This Act shall become effective on April 1, 1992.
Section 7. 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, S.W.
Room 214 Atlanta, Georgia 30334-8400

MEMORANDUM

TO:

The Honorable Terrell Starr, Chairman

Senate Finance and Public Utilities Committee

FROM:

G. W. Hogan, State Auditor Henry M. Huckaby, Director, Office of Planning and Budget

DATE:

March 18, 1992

SUBJECT: Fiscal Note-House Bill 1146 (Committee Substitute) (LC 18 5062-ECS) Sales and Use Tax - Limit Vendor's Compensation

This Bill would limit the amount of compensation allowed to vendors for collecting certain sales and use taxes and the second motor fuel tax. Vendors would be allowed to collect a maximum of 3% of the first $3,000 of taxes due and 0.5% of the amount over $3,000. Vendors with fewer than four locations or affiliated entities could file separately for each location, while vendors with four or more locations would be required to file a single consolidated return.

This Bill would result in an increase in state sales and use tax revenues of between $50 million and $62 million for the first full year after implementation.

/s/ G. W. Hogan State Auditor

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

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Senator Kidd of the 25th offered the following substitute to HB 1146:
A BILL
To be entitled an Act to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to provide for limitations on the amount of the reim bursement deduction allowed to dealers for collecting certain sales and use taxes and the second motor fuel tax; to change the rate and procedures with respect to such deduction; to provide for a definition; to change certain provisions relating to the reimbursement and deduction for collecting county and municipal excise taxes on charges to the public for rooms, lodgings, and accommodations; to provide for excise taxes on smoking tobacco, chew ing tobacco, and snuff; to provide for rates of excise taxes; to provide for the collection of excise taxes on certain tobacco products in the same manner that such taxes are collected on cigars and cigarettes; to provide that the licensing, bonding, reporting, and other require ments of law applicable to persons engaged in the cigar and cigarette business shall be ap plicable to persons engaged in the tobacco products business; to prohibit certain activities with respect to the sale or possession of unstamped or nontax-paid tobacco products; to change the definition of certain terms; to provide for seizure as contraband of unstamped or nontax-paid tobacco products; to provide for records; to provide for certain assessments and penalties with respect to the illegal sale of tobacco products; to provide procedures for re funds of taxes on certain tobacco products; to provide for amount of unpaid tax to consti tute a lien against the property of violators; to provide for administrative and judicial proce dures relative to alleged violators of the laws applicable to tobacco products; to provide for enforcement; to provide criminal penalties; to provide that the provisions of Chapter 11 relating to excise taxes on cigars and cigarettes shall be applicable to excise taxes on tobacco products; to provide certain exceptions; to provide effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended by striking Code Section 48-8-50, relating to compensation of dealers for reporting and paying the state sales and use tax, and inserting in lieu thereof a new Code Section 48-8-50 to read as follows:
"48-8-50. (a) As used in this Code section, the term 'affiliated entity' means with re spect to any corporation, sole proprietorship, partnership, limited partnership, enterprise, franchise, association, trust, joint venture, or other entity, any other corporation, sole pro prietorship, partnership, limited partnership, enterprise, franchise, association, trust, joint venture, or other entity related thereto:
(1) As a parent, subsidiary, sister, or daughter corporation, sole proprietorship, partner ship, limited partnership, enterprise, franchise, association, trust, joint venture, or other entity;
(2) By control of one corporation, sole proprietorship, partnership, limited partnership, enterprise, franchise, association, trust, joint venture, or other entity by the other; of
(3) By any other common ownership or control.
(b) Each dealer required to file a return under this article shall include such dealer's certificate of registration number or numbers for each sales location or affiliated entity of such dealer on such return. In reporting an paying the amount of tax due under this article, each dealer shall be allowed a the following deduction of 3 percent of the amount due, but only if the amount due was not delinquent at the time of payment? ; and that deduction shall be subject to the provisions of subsection (f) of this Code section pertaining to calcula tion of the deduction when more than one tax is reported on the same return
(1) With respect to each certificate of registration number on such return, a deduction of 3 percent of the first $3,000.00 of the combined total amount of all sales and use taxes reported due on such return for each location; and

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(2) With respect to each certificate of registration number on such return, a deduction of one-half of 1 percent of that portion exceeding $3,000.00 of the combined total amount of all sales and use taxes reported due on such return for each location.
(c) The department shall compile and maintain a master registry of the certificate of registration numbers filed on such returns with respect to all the affiliated business entities and multiple locations of each dealer and shall assign a master number to each dealer. Each dealer required to file a return under this article shall also include such dealer's master number on such return if such number has been assigned by the department under this subsectionT
(d) With respect to a dealer which consists of only a single sales location or which consists~bf a group of fewer than four sales locations or affiliated entities, or any combination thereof, claiming such deduction, a separate return shall be filed for each sales location and affiliated entity for each reporting period. With respect to a dealer which consists of a group of four or more sales locations or affiliated entities, or any combination thereof, claiming such deduction, a single, consolidated return shall be filed for such entire group. A consoli dated return under this subsection shall be used for the purpose of identifying the sales locations or affiliated entities of a dealer and such consolidated return shall identify sepa rately the reporting and paying of the tax due under this article for each sales location or affiliated entity of such dealer. The deduction requirements of subsection (b) of this Code section shall apply separately to each certificate of registration number on such return.
(e) No deduction shall be allowed under this Code section unless all of the requirements of subsections (b), (c), and (d) of this Code section have been satisfied^
(f) The deduction authorized under this Code section shall be combined with and calculated~with the deductions authorized under Code Section 48-8-87, Code Section 48-8-113, Section 25 of an Act approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended, the 'Metropolitan Atlanta Rapid Transit Authority Act of 1965,' and any other sales tax, use tax, or sales and use tax which is levied and imposed in an area consisting of less than the entire state, however authorized, by applying the deduction rate specified in this Code sec tion against the combined total of all such taxes reported due on the same return.
(g) The reimbursement deduction authorized under Section 25 of an Act approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended, the 'Metropolitan Atlanta Rapid Transit Authority Act of 1965,' shall be at the rate and subject to the requirements specified under subsections (b) through (f) of this Code section."
Section 2. Said title is further amended by striking Code Section 48-8-87, relating to the administration and collection of the local option sales and use tax, and inserting in its place a new Code Section 48-8-87 to read as follows:
"48-8-87. The tax levied pursuant to this article shall be exclusively administered and collected by the commissioner for the use and benefit of each county whose geographical boundary is conterminous with that of a special district and of each qualified municipality located wholly or partially therein. Such administration and collection shall be accomplished in the same manner and subject to the same applicable provisions, procedures, and penalties provided in Article 1 of this chapter; provided, however, that all moneys collected from each taxpayer by the commissioner shall be applied first to such taxpayer's liability for taxes owed the state. Dealers shall be allowed a percentage of the amount of the tax due and accounted for and shall be reimbursed in the form of a deduction in submitting, reporting, and paying the amount due if such amount is not delinquent at the time of payment. The rote of the deduction shall be at the same rate authorized for deductions from the state tax imposed by Article 1 of thia chapter and subject to the requirements specified under subsec tions (b) through (f) of Code Section 48-8-50."
Section 3. Said title is further amended by striking Code Section 48-8-113, relating to administration and collection of the special county 1 percent sales and use tax, and inserting in its place a new Code Section 48-8-113 to read as follows:
"48-8-113. A tax levied pursuant to this article shall be exclusively administered and

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collected by the commissioner for the use and benefit of the county imposing the tax. Such administration and collection shall be accomplished in the same manner and subject to the same applicable provisions, procedures, and penalties provided in Article 1 of this chapter; provided, however, that all moneys collected from each taxpayer by the commissioner shall be applied first to such taxpayer's liability for taxes owed the state. Dealers shall be allowed a percentage of the amount of the tax due and accounted for and shall be reimbursed in the form of a deduction in submitting, reporting, and paying the amount due if such amount is not delinquent at the time of payment. The rate of the deduction shall be at the same rate authorized for deductions from the state tax imposed by Article 1 of this cEaptcr and sub j5e0c7t1 to the requirements specified under subsections (b) through (f) of Code Section 48-8-
Section 4. Said title is further amended by striking subsection (c) of Code Section 48-914, relating to the second motor fuel tax, and inserting in its place a new subsection (c) to read as follows:
"(c) (1) fe Except as otherwise provided in paragraph (2) of this subsection, in all other respects, TKe tax imposed by this Code section shall be administered and collected, dealers shall be compensated, and penalties and interest shall be imposed in the same manner as the sales and use tax collected pursuant to Article 1 of Chapter 8 of this title.
(2) Dealers shall be allowed a percentage of the amount of the tax due and accounted for and shall be reimbursed in the form of a deduction in submitting, reporting, and paying the amount due. Each dealer shall be allowed a deduction of 3 percent of the amount due, but only if the amount was not delinquent at the time of payment. Except as to rate, the deduction shall be subject to the requirements specified under subsections (b) through (f) of Code Section 48-8-50?1
Section 5. Said title is further amended by striking Code Section 48-13-52, relating to the reimbursement deduction allowed for collecting county and municipal excise taxes on charges to the public for rooms, lodgings, and accommodations and inserting in its place a new Code Section 48-13-52 to read as follows:
"48-13-52. Each person collecting the tax authorized by this article shall be allowed a percentage of the tax due and accounted for and shall be reimbursed in the form of a deduc tion in submitting, reporting, and paying the amount due if the amount due is not delin quent at the time of payment. The rate of the deduction shall be the same rate authorized for deductions from the state sales and uac tax under Article 1 of Chapter 8 of this title 3 percent of the amount due, but only if the amount due was not delinquent at the time o? payment"
Section 6. Said title is further amended by striking in its entirety Chapter 11, relating to cigar and cigarette taxes, and inserting in lieu thereof a new Chapter 11 to read as follows:
"CHAPTER 11
48-11-1. As used in this chapter, the term:
(1) 'Cigar' means any roll for smoking made wholly or in part of tobacco when the cover of the roll is also tobacco.
(2) 'Cigarette' means any roll for smoking made wholly or in part of tobacco when the cover of the roll is paper or any substance other than tobacco.
(3) 'Dealer' means any person other than a distributor who is engaged in this state in the business of selling cigars or cigarettes or tobacco products directly to the ultimate con sumer of the cigars or cigarettes or tobacco products.
(4) 'Distributor' means any person who:
(A) Maintains a warehouse, warehouse personnel, and salesmen who regularly contact and call on dealers; and

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(B) Is engaged in the business of:
(i) Manufacturing cigars or cigarettes or tobacco products in this state, importing cigars or cigarettes or tobacco products into this state, or purchasing cigars or cigarettes or tobacco products from other manufacturers or distributors; and
(ii) Selling the cigars or cigarettes or tobacco products to dealers in this state for resale, but is not in the business of selling the cigars or cigarettes or tobacco products directly to the ultimate consumer of the cigars or cigarettes or tobacco products.
(5) 'First taxable transaction' means the first sale, receipt, purchase, possession, con sumption, handling, distribution, or use of cigars or cigarettes or tobacco products within this state.
(6) 'Sale' means any sale, transfer, exchange, theft, barter, gift, or offer for sale and distribution in any manner or by any means whatever.
(7) 'Stamp' means any impression, device, stamp, label, or print manufactured, printed, made, or affixed as prescribed by the commissioner.
(8) 'Tobacco products' means and includes smoking tobacco, chewing tobacco, and snuff. Such term does not include cigars or cigarettes.
(8) (9) 'Vending machine' means any coin-in-the-slot device used for the automatic merchandising of cigars or cigarettes or tobacco products.
48-11-2. (a) An excise tax, in addition to all other taxes of every kind imposed by law, is imposed upon the sale, receipt, purchase, possession, consumption, handling, distribution, or use of cigars and cigarettes in this state at the following rates:
(1) Little cigars weighing not more than three pounds per thousand: two mills each;
(2) All other cigars: 13 percent of the wholesale cost price, exclusive of any trade, cash, or other discounts or any promotion, advertising, display, or similar allowances;
(3) Cigarettes: 12<t per pack of 20 cigarettes and a like rate, pro rata, for other size packages.
(b) When the retail selling price is referred to in this chapter as the basis for computing the tax, it is intended to mean the ordinary retail selling price of the article to the consumer before adding the amount of the tax.
(c) The taxes imposed by this chapter are levied with respect to the purchase or use of cigars or cigarettes by the state or any department, institution, or agency of the state and by the political subdivisions of the state and their departments, institutions, and agencies. The taxes imposed by this chapter are not imposed with respect to cigars or cigarettes purchased exclusively for use by the patients at the Georgia War Veterans Home and the Georgia State War Veterans Veterans' Nursing Home.
(d) The taxes imposed by this chapter are not levied with respect to cigars or cigarettes the purchase or use of which this state is prohibited from taxing under the Constitution or statutes of the United States.
(e) The taxes imposed by this chapter shall be advanced and paid by the distributor to the commissioner for deposit and distribution as provided in this chapter upon the first taxable transaction within the state, whether or not the transaction involves the ultimate purchaser or consumer. The seller or distributor shall collect the tax from the purchaser or consumer and the purchaser or consumer shall pay the tax to the seller or distributor. The seller or distributor shall be responsible for the collection of the tax and the payment of the tax to the commissioner. Whenever cigars or cigarettes are shipped from outside the state to anyone other than a distributor, the person receiving the cigars or cigarettes shall be deemed to be a distributor and shall be responsible for the tax on the cigars or cigarettes and the payment of the tax to the commissioner.
(f) The amount of taxes advanced and paid to the state as provided in this Code section

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shall be added to and collected as a part of the sales price of the cigars or cigarettes sold or distributed. The amount of the tax shall be stated separately from the price of the cigars or cigarettes.
(g) The cigar and cigarette tax imposed shall be collected only once upon the same cigarettes, cigars, or little cigars.
48-11-2.1. (a) Excise taxes, in addition to all other taxes of every kind imposed by law, are imposed upon the sale, receipt, purchase, possession, consumption, handling, distribu tion, or use of tobacco products at the following rates:
(1) Upon all smoking tobacco, including granulated, plug cut, crimp cut, ready rubbed, and other kinds and forms of tobacco prepared in such manner as to be suitable for smoking in a pipe or cigarette: 13 percent of the wholesale cost price, exclusive of any trade, cash, or other discounts or any promotion, advertising, display, or similar allowances;
(2) Upon all chewing tobacco prepared in such manner as to be suitable for chewing only~and not suitable for smoking as described and taxed in paragraph (1) of this subsec tion: 13 percent of the wholesale cost price, exclusive of any trade, cash, or other discounts or any promotion, advertising, display, or similar allowances;
(3) Upon each can or package of snuff: 13 percent of the wholesale cost price, exclusive of any trade, cash, or other discounts or any promotion, advertising, display, or similar allowances.
(b) The taxes imposed by this chapter are levied with respect to the purchase or use of tobacco products by the state or any department, institution, or agency of the state and by the political subdivisions of the state and their departments, institutions, and agencies. The taxes imposed by this chapter are not imposed with respect to tobacco products purchased exclusively for use by the patients at the Georgia War Veterans Home and the Georgia State War Veterans' Nursing Home.
(c) The taxes imposed by this chapter are not levied with respect to tobacco products the purchase or use of which this state is prohibited from taxing under the Constitution or statutes of the United States.
(d) The taxes imposed by this chapter shall be advanced and paid by the distributor to the commissioner for deposit and distribution as provided in this chapter upon the first taxable transaction within the state, whether or not the transaction involves the ultimate purchaser or consumer. The seller or distributor shall collect the tax from the purchaser or consumer and the purchaser or consumer shall pay the tax to the seller or distributor. The seller or distributor shall be responsible for the collection of the tax and the payment of the tax to the commissioner. Whenever tobacco products are shipped from outside the state to anyone other than a distributor, the person receiving the tobacco products shall be deemed to be a distributor and shall be responsible for the tax on the tobacco products and the payment of the tax to the commissioner.
(e) The amount of taxes advanced and paid to the state as provided in this Code section shairBe added to and collected as a part of the sales price of the tobacco products sold or distributed. The amount of the tax shall be stated separately from the price of the tobacco products?
(f) The tobacco products tax imposed shall be collected only once upon the same to bacco products.
48-11-3. (a) Except as otherwise provided in this Code section, the taxes imposed by Code Section 48-11-2 and Code Section 48-11-2.1 shall be collected and paid through the use of stamps. The commissioner shall secure stamps of such design and materials as he deems appropriate to protect the revenue and shall sell the stamps to licensed distributors at a discount of not less than 2 percent and not more than 8 percent of the value of the stamps. The exact percentage of the discount shall be based on brackets according to the volume of cigars, and cigarettes, or tobacco products handled by the distributor pursuant to

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regulations promulgated by the commissioner. The commissioner shall prescribe by regula tion the condition, method, and manner in which stamps are to be affixed to containers of cigars, and cigarettes, or tobacco products.
(b) The commissioner may prescribe by regulation an alternate method, in lieu of the sale of stamps, of collecting and paying the tax imposed upon cigars, and little cigars, and tobacco products. Any such regulations shall be promulgated so that use of the alternate method will result in the same revenue to the state as the state would realize through the sale of stamps to the distributors.
(c) No distributor shall sell or exchange with another distributor any stamps issued pursuant to this chapter. The commissioner is authorized to redeem at cost price any stamps presented for redemption by a licensed distributor when the commissioner deter mines from physical inspection that no cigars or cigarettes or tobacco products have been sold by the distributor under pretense of the tax imposed by this chapter having been paid through use of the stamps.
48-11-4. (a) No person shall engage in or conduct the business of manufacturing, purchasing, selling, consigning, vending, dealing in, or distributing cigars or cigarettes or tobacco products in this state without first obtaining a license from the commissioner.
(b) All licenses shall be issued by the commissioner, who shall make rules and regula tions with respect to applications for and issuance of the licenses. The commissioner may refuse to issue any license under this chapter when he has reasonable cause to believe that the applicant has willfully withheld information requested of him or required by the regula tions to be provided or reported or when the commissioner has reasonable cause to believe that the information submitted in any application or report is false or misleading and is not given in good faith.
(c) The fee for a distributor's license shall be $50.00 annually, except that for a person commencing business as a distributor for the first time the first year's fee shall be $250.00. Each dealer shall have a permanent license issued by the commissioner free of charge. Each license, except a dealer's license, shall begin on July 1 and end on June 30 of the next succeeding year. The prescribed fee shall accompany every application for a license and shall apply for any portion of the annual period. Each distributor's or dealer's license shall be subject to suspension or revocation for violation of any of the provisions of this chapter or of the rules and regulations made pursuant to this chapter. A separate license shall be required for each place of business. No person shall hold a distributor's license and a dealer's license at the same time.
(d) The commissioner may make rules and regulations governing the sale of cigars, and cigarettes, and tobacco products in vending machines. The commissioner may require annu ally a special registration of each vending machine for any operation in this state and charge a license fee for the registration in the amount of $1.00 for each machine. No vending ma chine 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, or tobacco products contained in the machine bear the tax stamp required under this chapter.
(e) The distributor's or dealer's license shall be exhibited in the place of business for which it is issued in the manner prescribed by the commissioner. The commissioner shall require each licensed distributor to file with him a bond in an amount of not less than $1,000.00 to guarantee the proper performance of the distributor's duties and the discharge of the distributor's liabilities under this chapter. The bond shall run concurrently with the distributor's license but shall remain in full force and effect for a period of one year after the expiration or revocation of the distributor's license unless the commissioner certifies that all obligations due the state arising under this chapter have been paid.
(f) The jurisdiction of the commissioner in the administration of this chapter shall ex tend to every person using or consuming cigars or cigarettes or tobacco products in this state and to every person dealing in cigars or cigarettes or tobacco products in any way for

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business purposes and maintaining a place of business in this state. For the purpose of this chapter, the maintaining of an office, store, plant, warehouse, stock of goods, or regular sales or promotional activity, whether carried on automatically or by salesmen or other represent atives, shall constitute, among other activities, the maintaining of a place of business.
(g) The commissioner may provide for the licensing of promotional activities, not in cluding the sale of cigars or cigarettes or tobacco products, carried on by the manufacturer. The fee for any such license shall be $10.00 annually.
48-11-5. (a) (1) If the commissioner finds that the collection of the tax imposed by this chapter would be facilitated by such action, he may authorize any person residing or located outside this state who is engaged in the business of manufacturing cigars or cigarettes or tobacco products or any person residing or located outside this state who ships cigars or cigarettes or tobacco products into this state for sale to licensed dealers in this state, to be licensed as a distributor and, after the person complies with the commissioner's require ments, to affix or cause to be affixed the stamps required by this chapter on behalf of the purchasers of the cigars or cigarettes or tobacco products who would otherwise be taxable for the cigars, eftdt cigarettes, or tobacco products. The commissioner may sell tax stamps to an authorized person or may authorize the use of a metering machine by the person as provided in Code Section 48-11-3.
(2) The commissioner shall require a bond of a nonresident distributor satisfactory to the commissioner and in an amount not to exceed $10,000.00, conditioned upon the pay ment of the tax and compliance with any other requirements specified by the commissioner. As a condition of authorization as provided in this Code section, a nonresident distributor shall agree to submit his books, accounts, and records for examination by the commissioner or his duly authorized agent during reasonable business hours and shall appoint in writing an agent who resides in this state for the purpose of service. Service upon an agent shall be sufficient service upon the nonresident distributor and may be made by leaving a duly at tested copy of the process with the agent. When legal process against any nonresident dis tributor is served upon the agent, the agent shall notify the nonresident distributor in the manner specified in Code Section 40-12-2.
(3) Upon the grant of authorization as provided in this subsection and except as may otherwise be determined by the commissioner, a nonresident distributor shall become a li censed distributor within the meaning of this chapter and shall be subject to all provisions of this chapter applicable to licensed distributors.
(b) Every nonresident manufacturer and every nonresident distributor of cigars or ciga rettes or tobacco products making shipments of cigars or cigarettes or tobacco products by common carrier or otherwise for their own account or for the account of others to distributors or dealers located within this state shall make reports of the shipments when and as required by rules and regulations of the commissioner.
48-11-6. The commissioner may suspend or refuse to renew a license issued to any per son under this chapter for violation of any provision of this chapter or of any rule or regula tion of the commissioner made pursuant to this chapter. After notice and opportunity for hearing, the commissioner may revoke a license issued to any person under this chapter for violation of any provision of this chapter or of any rule or regulation of the commissioner made pursuant to this chapter. Any person aggrieved by the suspension of or refusal to renew his license may apply to the commissioner for a hearing as provided in subsection (a) of Code Section 48-11-18; and any person aggrieved by the action of the commissioner in revoking or refusing to renew his license after hearing may further appeal to the courts as provided in subsection (b) of Code Section 48-11-18. No legal proceedings or other action by the commissioner shall be barred or abated by the suspension, revocation, or expiration of any license issued under this chapter.
48-11-7. Each bond required to be filed pursuant to this chapter shall be executed by the distributor as principal and, as surety, by a corporation authorized to engage in business as a surety company in this state.

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48-11-8. (a) (1) No person shall sell, offer for sale, or possess with intent to sell any cigarettes in this state when the cigarette container does not bear the tax stamps required by Code Section 48-11-3.
(2) No person shall sell, offer for sale, or possess with intent to sell in this state any cigars or little cigars upon which the tax has not been paid under the alternate method of collecting the taxes provided in Code Section 48-11-3 or which do not bear tax stamps.
(3) No person shall sell, offer for sale, or possess with intent to sell in this state any tobacco products upon which the tax has not been paid under the alternate method of col lecting the taxes provided in Code Section 48-11-3 or which do not bear tax stamps.
(b) Each distributor at the location for which his license is issued and in the manner specified by the commissioner shall affix the stamps required by this Code section to each individual package of cigarettes sold or distributed by him. Each distributor shall comply with the commissioner's regulations for the payment of the tax on cigars or tobacco prod ucts as provided in Code Section 48-11-3 or shall affix to each container of cigars or tobacco products sold by him or from which he sells cigars or tobacco products the stamps required by this chapter. The stamps may be affixed or the tax under the alternate method may be paid by a distributor at any time before the cigars or cigarettes or tobacco products are transferred out of his possession.
(c) It is the intent of this chapter that the tax imposed by this chapter be paid only once and that, if the distributor acquires stamped cigarettes, tax-paid cigars, er stamped cigars, tax-paid tobacco products, or stamped tobacco products, he is not required to affix additional stamps or provide other evidence of payment of the tax.
(d) Every dealer who comes into possession of cigars or cigarettes or tobacco products not bearing proper tax stamps or other evidence of the tax imposed by this chapter shall report the cigars or cigarettes or tobacco products to the commissioner prior to displaying, selling, using, or otherwise disposing of the cigars, anet cigarettes, or tobacco products. After a report, the commissioner shall authorize a licensed distributor to affix the proper stamps to the cigars, and cigarettes, or tobacco products or, in the case of cigars or tobacco prod ucts, authorfze the dealer to remit the tax by the alternate method promulgated by the commissioner in accordance with Code Section 48-11-3. A licensed distributor shall affix the stamps or comply with the alternate regulations when presented a permit for such action issued by the commissioner. A licensed distributor shall stamp cigarettes or comply with the alternate method provided in this chapter with respect to cigars or tobacco products, other than his own, only when authorized by the permit issued by the commissioner.
(e) No wholesale or retail distributor or wholesale or retail dealer shall accept deliveries of unstamped cigarettes or nontax-paid cigars or tobacco products which are shipped to him or acquired by him at any place within the state except as authorized and provided in this Code section. All cigars, and cigarettes, and tobacco products shall be examined by the dis tributor or dealer on receipt, and the distributor shall immediately report the cigars or ciga rettes or tobacco products to the commissioner as provided in subsection (d) of this Code section"
(f) The commissioner may prescribe the charges which may be made by a distributor to any person for the services of the distributor as provided in this chapter in affixing the tax stamps to each individual package of cigarettes and may prescribe the charges which may be made by a distributor in complying with the commissioners' alternate regulations for the collection of the tax on cigars, and little cigars, and tobacco products.
(g) This Code section shall not apply to unstamped cigars, and little cigars, or tobacco products upon which the tax has been paid in accordance with the alternate regulations promulgated by the commissioner under Code Section 48-11-3.
48-11-9. (a) (1) Any cigars or cigarettes or tobacco products found at any place in this state without stamps affixed to them as required by this chapter are declared to be contra band articles and may be seized by the commissioner, his agents or employees, or any peace officer of this state when directed by the commissioner to do so.

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(2) Paragraph (1) of this subsection shall not apply when:
(A) The tax has been paid on the unstamped cigars, and little cigars, or tobacco prod ucts in accordance with the commissioner's regulations promulgated pursuant to Code Section 48-11-3;
(B) The cigars or cigarettes or tobacco products are in the possession of a licensed distributor;
(C) The cigars or cigarettes or tobacco products are in course of transit from outside the state and are consigned to a licensed distributor;
(D) The cigars or cigarettes or tobacco products are in the possession of a transporter who is in compliance with Code Section 48-11-22; or
(E) The cigars or cigarettes or tobacco products are in the possession of a registered taxpayer as defined in Code Section 48-11-14 and the time for making the report required by Code Section 48-11-14 has not expired.
(3) This subsection shall not be construed to require the commissioner to confiscate unstamped or nontax-paid cigars, and cigarettes, tobacco products, or other property when he has reason to believe that the owner of the cigars, cigarettes, tobacco products, or prop erty is not willfully or intentionally evading the tax imposed by this chapter.
(b) Any cigars, cigarettes, tobacco products, or other property seized pursuant to this chapter may be offered for sale by the commissioner, at his discretion, at public auction to the highest bidder after advertisement as provided in this Code section. The commissioner shall deliver to the fiscal division the proceeds of any sale made under this Code section. Before delivering any cigars or cigarettes or tobacco products sold to a purchaser at the sale, the commissioner shall require the purchaser to affix to the packages the amount of stamps required by this chapter or to comply with the commissioner's alternate method. The seizure and sale of any cigars, cigarettes, tobacco products, or property pursuant to this chapter shall not relieve any person from a fine, imprisonment, or other penalty for viola tion of this chapter.
(c) When any cigars, cigarettes, tobacco products, or other property have been seized pursuant to this chapter, the commissioner, at his discretion, may advertise them for sale in a newspaper published or having a circulation in the place in which the seizure occurred, at least five days before the sale. Any person claiming an interest in the cigars, cigarettes, tobacco products, or other property may make written application to the commissioner for a hearing. The application shall state the person's interest in the cigars, cigarettes, tobacco products, or other property and his reasons why the cigars, cigarettes, tobacco products, or other property should not be forfeited. Further proceedings on the application for hearing shall be taken as provided in subsection (a) of Code Section 48-11-18. No sale of any cigars, cigarettes, tobacco products, or property seized pursuant to this chapter shall be made while an application for a hearing is pending before the commissioner. The pendency of an appeal under subsection (b) of Code Section 48-11-18 shall not prevent the sale unless the appel lant posts a satisfactory bond with surety in an amount double the estimated value of the cigars, cigarettes, tobacco products, or other property and conditioned upon the successful termination of the appeal.
(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 or tobacco products 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 contraband article. The commissioner may seize any such machine and deal with it in the same manner as provided by law for the seizure and sale of unstamped cigarettes and non tax-paid cigars or tobacco products.
48-11-10. (a) Every licensed distributor shall file with the commissioner, on or before

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the tenth day of each month, a report in the form prescribed by the commissioner and disclosing:
(1) The number of cigars or cigarettes or tobacco products on hand on the first and last days of the calendar month immediately preceding the month in which the report is filed;
(2) Information required by the commissioner concerning the amount of stamps pur chased, used, and on hand during the report period; and
(3) Information otherwise required by the commissioner for the report period.
(b) The commissioner may require other reports as he deems necessary for the proper administration of this chapter including, but not limited to, reports from common carriers and warehousemen with respect to cigars, and cigarettes, and tobacco products delivered to or stored at any point in this state.
(c) Any person who fails to file any report when due shall forfeit as a penalty for each day after the due date until the report is filed the sum of $1.00, to be collected in the manner provided in subsection (c) of Code Section 48-11-24 for the collection of penalties.
48-11-11. (a) Each distributor and each dealer shall keep complete and accurate records of all cigars, and cigarettes, and tobacco products manufactured, produced, purchased, and sold. The records shall be of the kind and in the form prescribed by the commissioner and shall be safely preserved for three years in an appropriate manner to ensure permanency and accessibility for inspection by the commissioner and his authorized agents. The commis sioner and his authorized agents may examine the books, papers, and records of any distrib utor or dealer in this state for the purpose of determining whether the tax imposed by this chapter has been fully paid and, for the purpose of determining whether the provisions of this chapter are properly observed, may investigate and examine the stock of cigars or ciga rettes or tobacco products in or upon any premises including, but not limited to, public and private warehouses where the cigars or cigarettes or tobacco products are possessed, stored, or sold.
(b) The commissioner and his authorized agents may examine the books, papers, and records of any transportation company, any common, contract, or private carrier, and any public or private warehouse for the purpose of determining whether the provisions of this chapter are properly observed.
48-11-12. (a) (1) The commissioner shall assess a deficiency and may assess a penalty of 10 percent of the deficiency if, after an examination of the invoices, books, and records of a licensed distributor or dealer or of any other information obtained by the commissioner or his authorized agents, the commissioner determines that:
(A) The report of the licensed distributor or licensed dealer is incorrect;
(B) The licensed distributor or dealer has not paid the tax in accordance with the alter nate regulations promulgated by the commissioner under Code Section 48-11-3;
(C) The licensed distributor or dealer has not purchased sufficient stamps to cover his receipts for sales or other disposition of unstamped cigarettes and nontax-paid cigars or nontax-paid tobacco products.
(2) In any case where a licensed distributor or dealer cannot produce evidence of suffi cient stamps purchased or other payment of the tax to cover the receipt of unstamped ciga rettes or nontax-paid cigars or nontax-paid tobacco products, it shall be assumed that the cigarettes, and cigars, and tobacco products were sold without having either the proper stamps affixed or the tax paid on unstamped cigars or tobacco products.
(b) If the commissioner determines that the deficiency or any part of the deficiency is due to a fraudulent intent to evade the tax, a penalty of 50 percent of the deficiency shall be added to the amount due.
48-11-13. (a) There is imposed a tax on every person for the privilege of using, consum ing, or storing cigars, and cigarettes, or tobacco products in this state on which the tax

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imposed by Code Section 48-11-2 has not been paid. The tax shall be measured by and graduated in accordance with the volume of cigars, a4 cigarettes, or tobacco products used, consumed, or stored as set forth in Code Section 48-11-2.
(b) This Code section shall not apply to:
(1) Cigars or cigarettes or tobacco products in the hands of a licensed distributor or dealer;
(2) Cigars or cigarettes or tobacco products in the possession of a carrier complying with Code Section 48-11-22;
(3) Cigars or cigarettes or tobacco products stored in a public warehouse;
(4) Cigarettes in an amount not exceeding 200 cigarettes which have been brought into the state on the person; er
(5) Cigars in an amount not exceeding 20 cigars which have been brought into the state on the person; OT-
(6) Tobacco products in an amount not exceeding one pound which have been brought into this state on the person.
48-11-14. (a) Before any person acquires cigars or cigarettes or tobacco products subject to the tax imposed by Code Section 48-11-13, he shall register with the commissioner as a responsible taxpayer subject to the obligation of maintaining records and making reports in the form prescribed by the commissioner. The report shall be made on or before the tenth day of the month following the month in which the cigars or cigarettes or tobacco products were acquired and shall be accompanied by the amount of tax due.
(b) If any person subject to the tax imposed by Code Section 48-11-13 fails to make the required report or makes an incorrect report, the commissioner shall access the correct amount of tax due from that person from the best information available to him. A copy of the assessment shall be furnished the person by registered or certified mail, return receipt requested, or by personal service. Any person aggrieved by any assessment pursuant to this Code section may request a hearing in the manner provided in subsection (a) of Code Sec tion 48-11-18.
(c) Every person subject to the tax imposed by Code Section 48-11-13 who fails to regis ter with the commissioner as a responsible taxpayer, who fails to make a report within the time specified, or who fails to remit the tax within the time specified may be required to pay a penalty of not less than $25.00 nor more than $250.00 in addition to the tax and any other penalties imposed by law and found due by the commissioner. The commissioner may pro ceed to collect the tax and penalty in the manner provided in subsection (c) of Code Section 48-11-24.
(d) Except as otherwise provided in this Code section, the sanctions and penalties set forth in Code Sections 48-11-15, 48-11-17, 48-11-18, and 48-11-20 through 48-11-24 and in Code Sections 48-7-^ 48-10-16, 48-13-10, and 48-13-38 shall be imposed where applicable for any violations of this chapter by consumers.
48-11-15. The fiscal division is authorized to pay, on the order of the commissioner, claims for refunds of cigar or cigarette or tobacco products taxes found by the commissioner or the courts to be due any distributor, dealer, or taxpayer. The commissioner, upon proof satisfactory to him and in accordance with regulations promulgated by him, shall refund the cost price of stamps affixed to any package of cigars or cigarettes or tobacco products or shall refund the tax paid on cigars or tobacco products under the alternate method when the cigars or cigarettes or tobacco products have become unfit for use, consumption, or sale and have been destroyed or shipped out of the state.
48-11-16. (a) The commissioner may permit licensed distributors to purchase tax stamps from the department on account. Permits may be granted only to licensed distribu tors who post bonds with the commissioner in amounts sufficient in the opinion of the com missioner to secure payment for stamps delivered on account. Tax stamps purchased by

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licensed distributors shall be paid for in full on or before the twentieth day of the month next succeeding the purchase. The bond provided in this Code section shall be secured by cash which shall bear no interest, by negotiable securities approved by the fiscal division, or by a surety bond executed by a surety company licensed to do business in this state and approved by the commissioner.
(b) The commissioner may cancel without notice any permit issued under this Code section if the licensed distributor fails or refuses to comply with the requirements of this Code section or with the rules and regulations adopted under authority of this Code section.
(c) On or before June 30 of each fiscal year, the licensed distributor shall pay in its entirety any liability for the purchase of tax stamps due at that time.
48-11-17. The amount of any unpaid tax shall be a lien against the property of any distributor or dealer who sells cigars or cigarettes or tobacco products without collecting the tax and against the property of any person using or consuming cigars or cigarettes or to bacco products without proper stamps affixed to the cigars or cigarettes or tobacco products or without the tax paid on the cigars or tobacco products as otherwise provided in this chapter. The commissioner or his authorized agents are authorized to seize the property of a delinquent distributor, dealer, or taxpayer and sell it as provided by law to satisfy the claim for taxes due under this chapter; or the commissioner may record his lien specifying and describing the property against which the lien is effective, and the lien shall be good as against any other person until the claim for taxes is satisfied.
48-11-18. (a) Any person aggrieved by any action of the commissioner or his authorized agent may apply to the commissioner, in writing within ten days after the notice of the action is delivered or mailed to him, for a hearing. The application shall set forth the rea sons why the hearing should be granted and the manner of relief sought. The commissioner shall notify the applicant of the time and place fixed for the hearing. After the hearing, the commissioner may make an order as may appear to him to be just and lawful and shall furnish a copy of the order to the applicant. The commissioner at any time by notice in writing may order a hearing on his own initiative and require the taxpayer or any other person whom he believes to be in possession of information concerning any manufacture, importation, use, consumption, storage, or sale of cigars or cigarettes or tobacco products which have escaped taxation to appear before him or his duly authorized agent with any specific books of account, papers, or other documents for examination under oath relative to the information.
(b) Any person aggrieved because of any action or decision of the commissioner, after hearing, may appeal from the decision to the superior court of the county in which the appellant resides. The appeal shall be returnable at the same time and shall be served and returned in the same manner as required in the case of a summons in a civil action. The authority issuing the citation shall take from the appellant a bond of recognizance to the state, with surety, conditioned to prosecute the appeal and to effect and comply with the orders and decrees of the court. The action of the commissioner shall be sustained unless the court finds that he misinterpreted this chapter or that there is no evidence to support his action. If the commissioner's action is not sustained, the court may grant equitable relief to the appellant. Upon all appeals which are denied, costs may be taxed against the appel lant at the discretion of the court. No costs of any appeal shall be taxed against the state.
48-11-19. (a) Each person appointed by the commissioner as a special agent or enforce ment officer of the department for the enforcement of the laws of this state with respect to the manufacture, transportation, distribution, sale, possession, and taxation of cigars, ciga rettes, and little cigars, or tobacco products shall have the authority throughout the state to:
(1) Obtain and execute warrants for arrest of persons charged with violation of such laws;
(2) Obtain and execute search warrants in the enforcement of such laws;
(3) Arrest without warrant any person violating such laws in the officer's presence or

MONDAY, MARCH 23, 1992

2133

within his immediate knowledge when there is likely to be a failure of enforcement of such laws for want of a judicial officer to issue a warrant;
(4) Make investigations in the enforcement of such laws and, in connection with such investigations, to go upon any property outside buildings, whether posted or otherwise, in the performance of his duties;
(5) Seize and take possession of all property which is declared contraband under such laws; and
(6) Carry firearms while performing his duties.
(b) Each special agent or enforcement officer shall file with the commissioner a public official's bond in the amount of $1,000.00, the cost of the bond to be borne by the depart ment. Nothing in this chapter shall be construed to relieve agents and officers, after making an arrest, from the duties imposed generally to obtain a warrant promptly and to return arrested persons without undue delay before a person authorized to examine, commit, or receive bail as required by general law.
48-11-20. The failure to do any act required by this chapter shall be deemed an act committed in part at the office of the commissioner in Atlanta. The certificate of the com missioner to the effect that any act required by this chapter has not been done shall be prima-facie evidence that the act has not been done.
48-11-21. The superior courts of this state shall have jurisdiction of offenses against this chapter which are punishable by fine or imprisonment, or both.
48-11-22. (a) Every person who transports upon the public highways, roads, and streets of this state cigars or cigarettes or tobacco products not stamped or on which tax has not been paid in accordance with the alternate regulations provided by the commissioner under Code Section 48-11-3 shall have in his actual possession invoices or delivery tickets for the cigars, and cigarettes, or tobacco products which show the true name and address of the consignor or seller, the true name of the consignee or purchaser, the quantity and brands of the cigars or cigarettes or tobacco products transported, and the name and address of the person who has assumed or shall assume the payment of the tax at the point of ultimate destination. In the absence of the invoices or delivery tickets, the cigars or cigarettes or tobacco products being transported and the vehicles in which the cigars or cigarettes or tobacco products are being transported shall be confiscated and disposed of as provided Tn Code Section 48-11-9; and the transporter may be liable for a penalty of not more than $25.00 for each individual carton of cigarettes, and $50.00 for each individual box of cigars, and $50.00 for each package, can, or box of tobacco products being transported by him. The penalty shall be recovered as provided in subsection (c) of Code Section 48-11-24.
(b) This Code section shall apply only with respect to the transportation of more than 200 cigarettes or more than 20 cigars or more than one pound of tobacco products.
48-11-23. (a) It shall be unlawful for any person, with intent to evade the tax imposed by this chapter, to transport cigars or cigarettes or tobacco products in violation of Code Section 48-11-22.
(b) Any person who violates Code Section 48-11-22 shall be guilty of a misdemeanor.
48-11-24. (a) Any person who possesses unstamped cigarettes or nontax-paid cigars or tobacco products in violation of this chapter shall be liable for a penalty of not more than $25.00 for each individual carton of unstamped cigarettes, and $50.00 for each individual box of nontax-paid cigars, and $50.00 for each individual package, can, or box of tobacco products in his possession.
(b) Any person who engages in any business or activity for which a license is required by this chapter without first having obtained a license to do so or any person who continues to engage in or conduct the business after his license has been revoked or during a suspen sion of the license shall be liable for a penalty of not more than $250.00. Each day that the business is engaged in or conducted shall be deemed a separate offense.

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(c) Proceedings to enforce and collect the penalties provided by this chapter shall be brought by and in the name of the commissioner. With respect to offenses committed within the territorial jurisdiction of the court, each superior court shall have jurisdiction to enforce and collect the penalty. The costs recoverable in any such proceeding shall be recovered by the commissioner in the event of judgment in his favor. If the judgment is for the defend ant, it shall be without costs against the commissioner. All expenses incident to the recovery of any penalty pursuant to this Code section shall be paid in the same manner as any other expense incident to the administration of this chapter.
48-11-25. (a) (1) It shall be unlawful for any person, with the intent to evade the tax imposed by this chapter, to possess unstamped cigarettes or nontax-paid cigars or tobacco products.
(2) Any person who violates paragraph (1) of this subsection shall be guilty of a misdemeanor.
(b) (1) It shall be unlawful for any person, with the intent to evade the tax imposed by this chapter, to:
(A) Sell cigarettes without the stamps required by this chapter being affixed to the cigarettes; or
(B) Sell cigars or tobacco products without the stamp or stamps required by this chap ter or without the tax being paid on the cigars or tobacco products in accordance with the alternate method.
(2) Any person who violates paragraph (1) of this subsection shall be guilty of a felony and, upon conviction thereof, shall be imprisoned for not less than one year nor more than ten years.
48-11-26. (a) With respect to this chapter, it shall be unlawful for any person, with the intent to defraud the state or evade the payment of any tax, penalty, or interest or any part of a payment when due, to:
(1) Willfully fail or refuse to file any report or statement required to be filed pursuant to this chapter or by the commissioner's rules and regulations;
(2) File or cause to be filed with the commissioner any false or fraudulent report or statement; or
(3) Aid or abet another in the filing with the commissioner of any false or fraudulent report or statement.
(b) Any person who violates subsection (a) of this Code section shall be guilty of a misdemeanor.
48-11-27. (a) It shall be unlawful for any person to:
(1) Make a false entry upon any invoices or any record relating to the purchase, posses sion, or sale of cigarettes, cigars, or tobacco products; or
(2) With intent to evade any tax imposed by this chapter, present any false entry upon any such invoice or record for the inspection of the commissioner or his authorized agents.
(b) Any person who violates subsection (a) of this Code section shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than $250.00 for each separate offense.
48-11-28. (a) With respect to this chapter, it shall be unlawful for any person to:
(1) Fraudulently make, utter, forge, or counterfeit any stamp prescribed by the commissioner;
(2) Cause or procure a violation of paragraph (1) of this subsection to be done;
(3) Willfully utter, publish, pass, or render as true any false, altered, forged, or counter feited stamp;

MONDAY, MARCH 23, 1992

2135

(4) Knowingly possess any false, altered, forged, or counterfeited stamp;
(5) For the purpose of evading the tax imposed, use more than once any stamp required by this chapter; or
(6) Tamper with or cause to tampered with any metering machine authorized to be used.
(b) Any person who violates subsection (a) of this Code section shall be guilty of a felony and, upon conviction thereof, shall be imprisoned for not less than one year nor more than ten years.
48-11-29. (a) It shall be unlawful for any person to:
(1) Knowingly swear to or affirm any false or fraudulent statement with intent to evade the payment of any tax imposed by this chapter; or
(2) Under oath, testify falsely at any hearing held pursuant to this chapter.
(b) Any person who violates subsection (a) of this Code section shall be guilty of a misdemeanor."
Section 7. The provisions of Sections 1 through 5 of this Act shall become effective April 1, 1992. The provisions of Section 6 of this Act shall become effective July 1, 1992.
Section 8. 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 Finance and Public Utilities, Senator Kidd of the 25th called for the yeas and nays; the call was sus tained, and the vote was as follows:

Those voting in the affirmative were Senators:

Alien Baldwin Bishop Broun of 46th lay Coleman Collins Dawkins Deal
Dean
Echols
Egan
English

Foster Hammill Hasty Henson Hooks Huggms Johnson Langford Marable
Perdue
Perry
Phillips
Pollard

Ragan of 10th Ragan of 32nd Ramsey j^av Robinson Starr _. laylor Timmons
Turner
Tysinger
Walker of 22nd
Walker of 43rd

Those voting in the negative were Senators:

Albert Brown of 26th Burton

Kidd Moye Newbill

Scott Tate White

Those not voting were Senators:

Bowen (excused) Edge (excused) Garner (excused)

Gillis (presiding) Harris (excused) Hill (excused)

Shumake Steinberg Thompson (excused)

On the adoption of the substitute offered by the Senate Committee on Finance and Public Utilities, the yeas were 38, nays 9, and the substitute was adopted.

Senator Gillis of the 20th, who was presiding, announced that since the substitute to

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HB 1146 offered by the Senate Committee on Finance and Public Utilities was adopted, the substitute to HB 1146 offered by Senator Kidd of the 25th became moot.

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 Coleman Dawkins Deal Dean Echols Egan English

Foster Hammill Hasty Hooks Huggins Johnson Langford Marable Moye Perdue Pollard Ragan of 10th

Ramsey Ray Robinson Scott Starr Tate Taylor Timmons Turner Walker of 22nd Walker of 43rd

Those voting in the negative were Senators:

Albert Burton Clay Collins

Kidd Newbill Perry Phillips

Ragan of 32nd Tysinger White

Those not voting were Senators:

Bowen (excused) Edge (excused) Garner (excused) Gillis (presiding)

Harris (excused) Henson Hill (excused)

Shumake Steinberg Thompson (excused)

On the passage of the bill, the yeas were 35, nays 11.

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

Senator Kidd of the 25th gave notice that, at the proper time, he would move that the Senate reconsider its action in passing HB 1146.

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 adhere to the Senate substitute to HB 1924, and that a Conference Committee be appointed.

On the motion, the yeas were 37, nays 0; the motion prevailed, and the Senate adhered to the Senate substitute to HB 1924.

MONDAY, MARCH 23, 1992

2137

Senator Gillis of the 20th, who was presiding at the direction of the President, ap pointed as a Conference Committee on the part of the Senate the following:
Senators Perry of the 7th, Hammill of the 3rd and Echols of the 6th.
The following bill of the Senate was taken up for the purpose of considering the House amendments thereto:
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.
The House amendments were as follows:
Amendment No. 1:
Amend SB 618 by striking on line 1 of page 1 the following:
"Article 1 of.
By striking on lines 2 and 3 of page 1 the following:
"general provisions applicable to".
By inserting on line 9 of page 1, after the word and symbol "Council;", the following:
"to provide that certain restrictions on marine toilets shall apply to Lake Blue Ridge; to amend Code Section 52-7-8.1 of the Official Code of Georgia Annotated, relating to the dis charge of sewage from vessels on certain lakes, so as to provide that a certain federal act shall take precedence over state law;"
By striking on line 11 of page 1 the following:
"Article 1 of.
By striking on lines 12 and 13 of page 1 the following:
"general provisions applicable to".
By inserting immediately following line 32 on page 2 the following:
"Section 2. Said chapter is further amended by striking in its entirety subsection (c) of Code Section 12-5-29, relating to sewage and waste disposal and related matters, and in serting in lieu thereof the following:
'(c) As applied to the waters of Allatoona Lake, Lake Blackshear, Lake Thurmond, Hartwell Lake, Lake Sidney Lanier, Lake Oconee, Lake Seminole, Lake Sinclair, Richard B. Russell Lake, Walter F. George Reservoir, Lake Blue Ridge, and West Point Lake, except as otherwise provided in the federal Clean Water Act of 1977, P.L. 95-217, as now or hereafter amended, it shall be unlawful for any person to operate or float a vessel having a marine toilet as the term is defined in Code Section 52-7-3 unless such marine toilet only discharges into a holding tank as the term is defined in Code Section 52-7-3; and it shall further be unlawful to operate or float such a vessel, whether moored or not, unless it has a certificate for such holding tank issued by the department affixed thereto.'
Section 3. Code Section 52-7-8.1 of the Official Code of Georgia Annotated, relating to the discharge of sewage from vessels on certain lakes, is amended by striking in their entire ties subsections (a), (b), (c), (e), and (j) and inserting in lieu thereof, respectively, the following:
'(a) (1) The General Assembly finds that because of the increasing number of vessels

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having marine toilets which are operated or moored on Allatoona Lake, Lake Blackshear, Lake Thurmond, Hartwell Lake, Lake Sidney Lanier, Lake Oconee, Lake Seminole, Lake Sinclair, Richard B. Russell Lake, Walter F. George Reservoir, Lake Blue Ridge, and West Point Lake, it is necessary for the protection of the public health, safety, and welfare to prohibit the discharge of sewage from such vessels into the waters of such lakes.
(2) Because of the findings stated in paragraph (1) of this subsection, it is declared to be the intent of the General Assembly to protect and enhance the quality of the waters of such lakes by requiring greater environmental protection than is provided pursuant to Sec tion 312 of the Federal Water Pollution Control Act, as amended, such that any discharge of sewage from a vessel into the waters of such lakes shall be prohibited.
(b) ft Except as otherwise provided in the federal Clean Water Act of 1977 P.L. 95-217, as now or hereafter amended, it shall be unlawful for any person to operate or float a vessel, whether moored or not, on protected fresh waters, from which sewage is discharged into such protected fresh waters.
(c) ft Except as otherwise provided in the federal Clean Water Act of 1977, P.L. 95-217, as now or hereafter amended, it shall be unlawful to operate or float any vessel on protected fresh waters which has located within or on such vessel a marine toilet, unless such marine toilet is designed and operated to prevent the discharge of sewage, treated or untreated, into protected fresh waters and is equipped with a holding tank, as the term is defined in Code Section 52-7-3, which is constructed and installed in such a manner that it can be emptied only by pumping out.'
'(e) It Except as otherwise provided in the federal Clean Water Act of 1977, P.L. 95217, as now or hereafter amended, it shall be unlawful for any person to operate or float a vessel having a marine toilet, whether moored or not, on protected fresh waters, unless it has a certificate issued by the department affixed thereto immediately adjacent to its regis tration number. No certificate may be issued unless a marine toilet and holding tank, as the terms are defined in Code Section 52-7-3, have been properly installed on the vessel.'
'(j) The provisions of this Code section shall apply to any vessel constructed on or before January 1, 1078, in accordance with rules adopted by the Board of Natural Resources to provide a reasonable extension for such vessels to comply with the provisions of this Code section, provided, however, that notwithstanding any provision of this Code section to the contrary, no owner of a vessel constructed on or before January 1, 1978, shall be required to obtain a certificate for a marine toilet before December 31, 1001. In the event any provision of this Code section is found to be in conflict with the federal Clean Water Act of 1977, P.L. 95-217, as now or hereafter amended, such federal act shall control.'"
By redesignating Section 2 as Section 4.

Amendment No. 2:

Amend SB 618 by striking on line 26 of page 1 the word "and".
By inserting on line 27 of page 1, between the word "Association" and the symbol ".", the following:
", and the Georgia Drillers Association".

Senator Ragan of the 10th moved that the Senate agree to the House amendments to SB 618.

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

MONDAY, MARCH 23, 1992

2139

Burton Clay Coleman Collins Dawkms
IDEfcehaaolnls Egan English Foster Hammill Hasty

Henson Hooks Huggins Johnson Kidd
LMaanrgafb,olred Move Perdue Perry Phillips Pollard

Ragan of 10th Ragan of 32nd Ramsey Ray Robinson
SS,, ctaortrt Tate Taylor Turner Walker of 43rd White

Those not voting were Senators:

Bowen (excused) Edge (excused) Garner (excused) Gillis (presiding) Harris (excused)

Hill (excused) Newbm
Shumake Steinberg

Thompson (excused) Timmons
Tysmger Walker of 22nd

On the motion, the yeas were 43, nays 0; the motion prevailed, and the Senate agreed to the House amendments to SB 618.

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

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.

Senator Kidd of the 25th moved that the Senate insist upon the Senate substitute to HB 559.

On the motion, the yeas were 32, nays 0; the motion prevailed, and the Senate insisted upon the Senate substitute to HB 559.

Senator Deal of the 49th, President Pro Tempore, assumed the Chair.

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

HB 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.
Senate Sponsor: Senator Johnson of the 47th.

The Senate Committee on Appropriations offered the following substitute to HB 1261:

A BILL To be entitled an Act to make and provide appropriations for the state Fiscal Year

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beginning July 1, 1992, and ending June 30, 1993; to make and provide such appropriations for the operation of the State government, its departments, boards, bureaus, commissions, institutions, and other agencies, and for the university system, common schools, counties, municipalities, political subdivisions and for all other governmental activities, projects and undertakings authorized by law, and for all leases, contracts, agreements, and grants author ized by law; to provide for the control and administration of funds; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

That the sums of money hereinafter provided are appropriated for the State Fiscal Year beginning July 1, 1992, and ending June 30, 1993, as prescribed hereinafter for such fiscal year, from funds from the Federal Government and the General Funds of the State, includ ing unappropriated surplus, reserves and a revenue estimate of $8,175,000,000 (excluding indigent trust fund receipts) for State Fiscal Year 1993.

PART I.

LEGISLATIVE BRANCH

Section 1. General Assembly.

Budget Unit: General Assembly ....... $22,411,097

Personal Services--Staff ........ $11,146,359

Personal Services--Elected Officials .......

$3,580,623

Regular Operating Expenses

$2,630,225

Travel--Staff ....................................................... $88,600

Travel--Elected Officials ....................

$7,000

Capital Outlay ............ $--0--

Equipment ..................

$165,500

Computer Charges ...... $481,000

Real Estate Rentals ...................................... $5,000

Telecommunications

...

$675,000

Per Diem, Fees and Contracts--Staff .......... $233,174

Per Diem, Fees and Contracts--Elected Officials

$2,200,816

Photography ..................................................... $65,000

Expense Reimbursement Account

$1,132,800

Total Funds Budgeted ........................................... $22,411,097

State Funds Budgeted ........ $22,411,097

Senate Functional Budgets Total Funds

Senate and Research Office

$ 3,837,266

Lt. Governor's Office

$

616,148

Secretary of the Senate's Office

$

1,136,626

Total

$ 5,590,040

State Funds

$ 3,837,266

$

616,148

$

1,136,626

$ 5,590,040

House of Representatives and Research Office
Speaker of the House's Office Clerk of the House's Office Total

House Functional Budgets Total Funds

$ 8,660,286

$

459,445

$ 1,165,060

$ 10,284,791

State Funds

$ 8,660,286

$

459,445

$

1,165,060

$ 10,284,791

Legislative Counsel's Office

Joint Functional Budgets Total Funds
$ 2,216,859

State Funds $ 2,216,859

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2141

Legislative Fiscal Office Legislative Budget Office Ancillary Activities Total

$ 2,110,682 $ 2,110,682

$

879,430 $

879,430

$

1,329,295 $

1,329,295

$ 6,536,266 $ 6,536,266

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 ................................ $15,064,878 Operations Budget: Personal Services................................................ $12,780,662 Regular Operating Expenses......................................... $386,144 Travel ............................................................ $521,650 Motor Vehicle Purchases............................................ $108,000 Equipment .......................................................... $9,550 Real Estate Rentals ................................................ $802,995 Per Diem, Fees and Contracts ........................................ $39,000 Computer Charges ................................................. $311,177 Telecommunications ................................................ $105,700 Total Funds Budgeted ........................................... $15,064,878 State Funds Budgeted ........................................... $15,064,878

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PART II.
JUDICIAL BRANCH
Section 3. Supreme Court. Budget Unit: Supreme Court Personal Services................................... Operating Expenses ................................ Total Funds Budgeted 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.

. $4,756,766 . $4,139,471 . $1,302,295 . $5,441,766 . $4,756,766
$5,674,761 . $4,875,761 . . . $849,000 . $5,724,761
$5,674,761
$44,577,133 $43,100,523 $1,775,565 . . . $150,112 .... $98,451 . $1,053,758 ..... $7,800 $46,186,209 $44,577,133
. . . $840,398
. . . $634,322 . . . $498,322
$136,000 . . . $634,322 . . . $634,322
. $1,992,485 . $1,117,744
.... $76,500 . . . . $97,845 .... $26,000 .... $20,000 .... $12,000 . . . $240,000 . . . $660,000 . $2,250,089 . $1,992,485
. . . $136,969
. $2,066,712

MONDAY, MARCH 23, 1992

2143

A. Budget Unit: Department of Administrative Services Administration and Services Budget: Personal Services................................. Regular Operating Expenses Travel .......................................... Motor Vehicle Purchases.......................... Equipment ...................................... Computer Charges ............................... Real Estate Rentals .............................. Telecommunications .............................. Per Diem, Fees and Contracts Rents and Maintenance Expense Utilities ......................................... Payments to DOAS Fiscal Administration Direct Payments to Georgia Building Authority for Capital Outlay ................................. Direct Payments to Georgia Building Authority for Operations..................................... Telephone Billings ............................... Radio Billings Materials for Resale .............................. Public Safety Officers Indemnity Fund ............. Health Planning Review Board Operations Total Funds Budgeted State Funds Budgeted ............................

. $33,297,928
. $45,857,789 $11,490,680
.... $258,940 ..... $74,480 . . $1,516,525 . . $8,962,845 . . $3,701,067
$2,820,365 .... $481,325
$10,751,716 ..... $38,550
$2,500,000
$1,000,000
... $--0-- . $44,334,000 ... $383,880
$16,500,000 . $300,000 ..... $35,825 $151,007,987 . $33,297,928

Department of Administrative Services Functional Budgets

Total Funds

State Funds

State Properties Commission

$

419,469 $

419,469

Departmental Administration

$ 3,396,148 $ 3,363,234

Treasury and Fiscal Administration

$ 9,924,823 $ 7,424,823

Central Supply Administration

$ 17,040,970 $

--0--

Procurement Administration

$ 2,797,231 $ 2,797,231

General Services Administration

$

775,134 $

--0--

Space Management Administration

$

476,755 $

476,755

Data Processing Services

$ 46,225,417 $ 12,966,416

Motor Vehicle Services

$ 3,512,502 $

--0--

Communication Services

$ 55,325,949 $ 5,850,000

Printing Services

$ 6,423,630 $

--0--

Surplus Property Services

$ 1,574,826 $

--0--

Mail and Courier Services

$ 1,126,907 $

--0--

Risk Management Services

$ 1,988,226 $

--0--

Total

$ 151,007,987 $ 33,297,928

B. Budget Unit: Georgia Building Authority

$--0--

Georgia Building Authority Budget:

Personal Services................................................ $18,778,739

Regular Operating Expenses

$5,522,456

Travel ............................................................. $--0--

Motor Vehicle Purchases............................................ $215,000

Equipment

$176,335

Computer Charges .................................................. $60,800

2144

JOURNAL OF THE SENATE

Real Estate Rentals .............. Telecommunications .............. Per Diem, Fees and Contracts Capital Outlay ................. Utilities .........................
Contractual Expense ............. Fuel . . . . . . .................... Facilities Renovations and Repairs Total Funds Budgeted State Funds Budgeted ........ . .

Georgia Building Authority Functional Budgets Total Funds

Grounds

$

1,789,409

Custodial

$

5,123,835

Maintenance

$

4,377,845

Security

$

5,177,790

Van Pool

$

394,619

Sales

$

5,117,849

Administration

$

9,159,533

Railroad Excursions Facility Renovations

$

1,639,472

$

--0--

Total

$ 32,780,352

Section 12. Agency for the Removal of Hazardous Materials.

Budget Unit: Agency for the Removal of Hazardous Materials

Operations Budget:

Personal Services

Regular Operating Expenses

Travel .......... ......................................

Motor Vehicle Purchases

Equipment .............................................

Computer Charges ................................... . .

Real Estate Rentals

Telecommunications .......

.......................

Per Diem, Fees and Contracts ...... .....................

Capital Outlay

........................ . .......

Utilities ................... ........................ .

Total Funds Budgeted ...... ... ........... .......

State Funds Budgeted ..................................

Section 13. Department of Agriculture.

A. Budget Unit: Department of Agriculture .......

State Operations Budget:

Personal Services......... ............... ......

Regular Operating Expenses

.............

Travel .......... ........ ......................... .

Motor Vehicle Purchases.................................

Equipment .............. ............. ........ .....

Computer Charges ................. ...................

Real Estate Rentals

Telecommunications ....................................

Per Diem, Fees and Contracts ............................

Market Bulletin Postage . ........................... .

.... $16,800 . . . $122,584 . . . $171,000 ... $--0--
$7,466,638 . $250,000 ... $--0-- ... $--0-- $32,780,352 .... $--0--
$98,908 $80,408 $10,300 . $7,800 $--0-- . $--0-- $--0-- $--0-- . $--0-- ... $--0-- .... $--0-- ... $98,908 ... $98,908
$32,112,987 $28,547,840 . $3,955,690 . . . $900,170 . . $387,363
. $202,207 . . $315,000 . . . $778,070 . . . $368,274 . . $166,400 . $700,000

MONDAY, MARCH 23, 1992

2145

Payments to Athens and Tifton Veterinary Laboratories ....... Poultry Veterinary Diagnostic Laboratories in Canton, Dalton,
Douglas, Oakwood, and Statesboro ......................... Veterinary Fees ............................................ Indemnities................................................ Advertising Contract ....................................... Payments to Georgia Agrirama Development 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 ......................................

. $2,400,191
$1,742,000 $412,000
. . . $115,000 . . $175,000
. . . $545,000
. . $285,000 .... $--0-- . . . . $40,000 .... $--0-- $42,035,205 $32,112,987

Department of Agriculture Functional Budgets Total Funds

Plant Industry

$ 4,709,483

Animal Industry

$ 6,682,156

Marketing

$ 1,771,466

General Field Forces

$ 3,089,925

Internal Administration

$ 3,599,021

Information and Education

$ 1,460,454

Fuel and Measures

$ 2,987,845

Consumer Protection Field Forces

$ 6,678,550

Meat Inspection

$ 3,980,045

Major Markets

$ 4,377,704

Seed Technology

$

501,668

Entomology and Pesticides

$ 2,196,888

Total

$ 42,035,025

State Funds

$ 4,373,483 $ 6,426,156

$ 1,722,466

$ 3,089,925

$ 3,199,392

$ 1,460,454

$ 2,970,265

$ 4,615,241 $ 1,627,839

$

756,878

$

-- 0--

$ 1,870,888

$ 32,112,987

B. Budget Unit: Georgia Agrirama Development Authority Georgia Agrirama Development Authority Budget: Personal Services Regular Operating Expenses Travel ............................................. Motor Vehicle Purchases............................. Equipment ......................................... Computer Charges .................................. Real Estate Rentals ................................. Telecommunications Per Diem, Fees and Contracts Capital Outlay ...................................... Goods for Resale .................................... Total Funds Budgeted ............................... State Funds Budgeted ...............................

. . . $--0--
$804,033 $169,800 .... $5,864 . . . $--0-- . . . $10,755 ..... $500 . . . $--0-- . . . . $7,708 . . . $48,081 $83,340 $95,000 $1,225,081 . . . $--0--

Section 14. Department of Banking and Finance. Budget Unit: Department of Banking and Finance ..... Administration and Examination Budget: Personal Services.................................... Regular Operating Expenses..........................

$7,182,118
$5,942,956 . . $288,747

2146

JOURNAL OF THE SENATE

Travel ............................................................ $318,019 Motor Vehicle Purchases............................................. $88,792 Equipment ............................................... ......... $17,138 Computer Charges ................................................. $245,830 Real Estate Rentals ................................................ $225,000 Telecommunications ................................. ............... $51,136 Per Diem, Fees and Contracts ......................................... $4,500 Total Funds Budgeted ............................................ $7,182,118 State Funds Budgeted ............................................ $7,182,118

Section 15. Department of Community Affairs.

Budget Unit: Department of Community Affairs

...

$13,957,317

State Operations Budget:

Personal Services................................................. $5,301,802

Regular Operating Expenses......................................... $228,811

Travel ............................................................ $145,980

Motor Vehicle Purchases............................................. $20,000

Equipment ........................................................... $881

Computer Charges ................................................. $216,498

Real Estate Rentals ................................................ $516,379

Telecommunications ................................................. $42,580

Per Diem, Fees and Contracts ........................................ $98,300

Capital Felony Expenses ............................................. $--0--

Contracts with Regional Development Commissions

$2,272,825

Local Assistance Grants ............................................ $860,000

Appalachian Regional Commission Assessment ......................... $95,960

Community Development Block Grants (Federal)

$30,000,000

Music Hall of Fame ................................................ $110,000

Georgia Music Week Promotion ...................................... $--0--

Local Development Fund

... $750,000

Payment to State Housing Trust Fund ............................. $4,625,000

Payment to Georgia Environmental Facilities Authority for

Operations..................................................... $1,255,049

Total Funds Budgeted ........................................... $46,540,065

State Funds Budgeted ........................................... $13,957,317

Department of Community Affairs Functional Budgets

1 Funds

State Funds

Executive and Administrative

$ 10,675,273 $ 9,354,273

Government Management

$

1,143,491 $

1,138,491

Financial Assistance

$ 31,875,681 $

899,181

Government Information

$

1,292,746 $

1,242,746

Rural Development

$

419,350 $

398,350

Coordinated Planning

$

1,133,524 $

924,276

Total

$ 46,540,065 $ 13,957,317

Section 16. Department of Corrections.

A. Budget Unit: Administration, Institutions and Probation

$500,185,145

Personal Services.............................................. $361,152,097

Regular Operating Expenses...................................... $52,317,841

Travel .......................................................... $2,265,442

Motor Vehicle Purchases.......................................... $2,903,000

Equipment ...................................................... $3,842,407

Computer Charges ............................................... $4,548,356

Real Estate Rentals .............................................. $4,765,190

MONDAY, MARCH 23, 1992

2147

Telecommunications ....................................... Per Diem, Fees and Contracts .............................. 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 .....................................

...... $4,116,139 . . . . . $3,902,356 . ...... $--0-- .... $14,627,311 ....... $546,000 .... $13,870,000 ..... $4,117,200 ....... $886,000 ..... $3,890,500 ...... $1,331,940 ........ $444,500 ...... $1,740,000 . . . . . $29,467,381 ......... $50,000 ........ $325,000 ...... $1,580,200 . . . . $512,688,860 ........ $450,000 ......... $--0--
... $500,185,145

Departmental Functional Budgets Total Funds

State Funds

Administration

$ 46,702,599 $ 46,200,599

Institutions and Support

$ 372,682,221 $ 371,464,221

Probation

$ 93,304,040 $ 82,520,325

Total

$ 512,688,860 $ 500,185,145

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 ....................

. . . . . $35,344,491
. . . . . $28,539,476 ...... $1,236,200 ........ $736,315 ......... $40,500 ....... $139,000 ........ $412,500 ...... $2,423,000 ........ $885,000 ........ $307,500
...... $600,000 ......... $25,000 . . . . . $35,344,491 . . . . . $35,344,491

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

...... $3,813,260
...... $6,133,228 ..... $4,169,788 ......... $22,460 ......... $--0-- ......... $33,300 .......... $3,700 .......... $4,740 ......... $68,500 ........ $476,400

2148

JOURNAL OF THE SENATE

Total Funds Budgeted ........................................... $10,912,116 State Funds Budgeted ............................................ $3,813,260

Department of Defense Functional Budgets Total Funds

Office of the Adjutant General

$

1,204,037

Georgia Air National Guard

$ 3,839,184

Georgia Army National Guard

$ 5,868,895

Total

$ 10,912,116

State Funds

$ 1,103,087

$

504,276

$ 2,205,897

$ 3,813,260

Section 18. State Board of Education--Department of Education.

Budget Unit: Department of Education ........................... $2,958,937,478

Operations:

Personal Services................................................ $36,749,349

Regular Operating Expenses....................................... $3,364,914

Travel .......................................................... $1,035,393

Motor Vehicle Purchases............................................. $--0--

Equipment ........................................................ $423,424

Computer Charges ............................................... $5,115,625

Real Estate Rentals .............................................. $2,216,959

Telecommunications .............................................. $1,378,457

Per Diem, Fees and Contracts .................................... $13,699,256

Utilities ........................................................... $753,136

Capital Outlay ..................................................... $284,000

QBE Formula Grants:

Kindergarten/Grades 1 - 3 ...................................... $739,091,712

Grades 4 - 8 ................................................... $686,907,050

Grades 9 - 12 .................................................. $291,752,698

High School Laboratories ....................................... $104,349,846

Vocational Education Laboratories ................................ $97,422,102

Special Education .............................................. $253,601,064

Gifted.......................................................... $34,874,240

Remedial Education ............................................. $56,285,297

Staff Development and Professional Development .................. $27,498,741

Media.......................................................... $83,872,656

Indirect Cost .................................................. $574,115,766

Pupil Transportation ........................................... $124,547,423

Local Fair Share .............................................. $(594,798,416)

Mid-Term Adjustment Reserve ................................... $25,000,000

QBE Grants Adjustment............................................. $--0--

Textbook--7 Year Cycle ........................................ $(36,920,019)

Textbook--Increased FTE Counts ................................. $2,481,096

Other Categorical Grants:

Equalization Formula........................................... $152,961,185

Sparsity Grants .................................................. $3,421,565

In School Suspension ............................................ $17,235,316

Special Instructional Assistance................................... $36,043,301

Middle School Incentive ......................................... $42,133,221

Special Education Low--Incidence Grants ............................ $250,000

Non-QBE Grants:

Education of Children of Low-Income Families .................... $94,501,492

Retirement (H.B. 272 and H.B. 1321) .............................. $3,800,000

Instructional Services for the Handicapped

$23,177,937

Tuition for the Multi-Handicapped ................................ $2,700,000

Severely Emotionally Disturbed .................................. $34,681,223

School Lunch (Federal) ......................................... $113,396,789

MONDAY, MARCH 23, 1992

2149

School Lunch (State)................................

$23,133,954

Supervision and Assessment of Students and Beginning

Teachers and Performance-Based Certification

. $1,500,000

Regional Education Service Agencies

$6,583,161

Georgia Learning Resources System

. $2,710,877

High School Program ...............................

$16,730,981

Special Education in State Institutions ................

$3,965,103

Governor's Scholarships.............................. Special Projects .....................................

. $2,378,647 .... $--0--

Job Training Partnership Act ........................

. $3,084,680

Vocational Research and Curriculum ..................

. . $248,270

Salaries and Travel of Public Librarians

$10,128,153

Public Library Materials .............................

. $4,441,538

Talking Book Centers ...............................

. . . $874,209

Public Library M&O...............................

. $3,764,432

Child Care Lunch Program (Federal) .................

$16,787,825

Chapter II--Block Grant Flow Through

$10,026,258

Payment of Federal Funds to Board of Technical and Adult Education

.......................................................... $11,701,897

Innovative Programs.............................................. $2,350,000

Technology Grants ............................................... $1,150,000

Limited English--Speaking Students Program ...................... $4,638,460

Drug Free School (Federal) ....................................... $2,700,000

Transition Program for Refugees .................................... $100,000

Emergency Immigrant Education Program ............................ $100,000

Title II Math/Science Grant (Federal) ............................... $345,900

Robert C. Byrd Scholarship (Federal) ................................ $154,000

Health Insurance--Non-Cert. Personnel and Retired Teachers

$62,563,069

Pre-School Handicapped Program

$11,525,312

Mentor Teachers ................................................... $750,000

Pre-Kindergarten Program

$2,952,542

Duty-Free Lunch................................................. $1,700,000

Total Funds Budgeted ......................................... $3,268,493,066

Indirect DOAS Services Funding .................................... $340,000

State Funds Budgeted ......................................... $2,958,937,478

Educational Functional Budgets Total Funds

State Funds

State Administration

$ 5,665,688 $ 5,339,024

Instructional Services

$ 21,647,046 $ 14,481,828

Governor's Honors Program

$

1,787,908 $

1,674,883

Administrative Services

$

8,915,804 $

5,016,948

Special Services

$ 10,703,517 $ 8,528,252

Professional Practices Commission

$

811,676 $

811,676

Local Programs

$ 3,203,472,553 $ 2,908,473,265

Georgia Academy for the Blind

$

4,694,740 $

4,499,655

Georgia School for the Deaf

$ 6,524,971 $ 6,333,684

Atlanta Area School for the Deaf

$ 4,269,163 $ 3,778,263

Total

$ 3,268,493,066 $ 2,958,937,478

Section 19. Employees' Retirement System. Budget Unit: Employees' Retirement System ........................... $250,000 Employees' Retirement System Budget: Personal Services................................................. $1,652,209

2150

JOURNAL OF THE SENATE

Regular Operating Expenses......................................... $201,300 Travel ............................................................ $14,000 Motor Vehicle Purchases............................................. $--0-- Equipment ......................................................... $15,515 Computer Charges ................................................. $328,573 Real Estate Rentals ................................................ $204,000 Telecommunications ................................................. $21,312 Per Diem, Fees and Contracts ....................................... $914,500 Benefits to Retirees ................................................. $--0-- Total Funds Budgeted ............................................ $3,351,409 State Funds Budgeted ............................................. $250,000

Section 20. Forestry Commission.

Budget Unit: Forestry Commission ................................. $32,256,351

State Operations Budget:

Personal Services................................................ $26,635,940

Regular Operating Expenses ....................................... $4,864,785

Travel ............................................................ $155,845

Motor Vehicle Purchases.......................................... $1,200,000

Equipment ...................................................... $2,000,000

Computer Charges ................................................. $144,250

Real Estate Rentals ................................................. $46,740

Telecommunications .............................................. $1,032,600

Per Diem, Fees and Contracts ....................................... $580,875

Contractual Research ................................................ $--0--

Ware County Grant for Southern Forest World ......................... $5,000

Ware County Grant for Road Maintenance

$85,000

Capital Outlay ..................................................... $200,000

Total Funds Budgeted ........................................... $36,951,035

State Funds Budgeted ........................................... $32,256,351

Forestry Commission Functional Budgets Total Funds

State Funds

Reforestation

$

1,720,819 $

--0--

Field Services

$ 32,800,770 $ 29,973,215

General Administration and Support

$ 2,429,446 $ 2,283,136

Total

$ 36,951,035 $ 32,256,351

Section 21. Georgia Bureau of Investigation. Budget Unit: Georgia Bureau of Investigation ....................... $35,765,075 Operations Budget: Personal Services................................................ $26,921,348 Regular Operating Expenses....................................... $2,335,370 Travel ............................................................ $477,600 Motor Vehicle Purchases............................................ $596,500 Equipment ........................................................ $278,200 Computer Charges ............. ................................. $1,534,500 Real Estate Rentals .............................................. $1,850,192 Telecommunications ................................................ $707,750 Per Diem, Fees and Contracts ....................................... $603,115 Evidence Purchased ................................................ $460,500 Capital Outlay ...................................................... $--0-- Total Funds Budgeted ........................................... $35,765,075 State Funds Budgeted ....................................... $35,765,075

MONDAY, MARCH 23, 1992

2151

Georgia Bureau of Investigation Functional Budgets Total Funds

Administration

$ 3,078,940

Drug Enforcement

$ 8,180,747

Investigative

$ 10,734,754

Georgia Crime Information Center

$ 6,449,300

Forensic Sciences

$ 7,321,334

Total

$ 35,765,075

State Funds $ 3,078,940 $ 8,180,747 $ 10,734,754 $ 6,449,300 $ 7,321,334 $ 35,765,075

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

Grants to Local Systems ..................

Grants--Local EMA ......................

Grants--Other ...........................

Grants--Civil Air Patrol ..................

Grants -- Disaster

......

Total Funds Budgeted ....................

State Funds Budgeted ....................

.... $23,992,896 ... $12,237,894 . . . $807,700 ....... $223,531 ......... $--0-- ......... $56,398 ........ $659,903 ........ $968,898
........ $317,458 ... $31,052,736 ...... $2,860,400 ......... $40,000 ...... $3,000,000 ........ $152,280 ...... $2,639,501 ........ $232,211 ......... $42,800 .... . . $--0-- ......... $95,000 ...... $1,363,725 ........ $518,408 ...... . $100,000
$290,000 ...... $1,044,200 ......... $--0-- ......... $40,000 ........ $--0-- ..... $58,743,043 ... $23,992,896

Office of the Governor Functional Budgets Total Funds

Governor's Office

$ 6,052,680

Office of Fair Employment Practices

$

849,450

Office of Planning and Budget

$ 5,664,874

Council for the Arts

$ 3,538,877

Office of Consumer Affairs

$ 2,227,048

State Energy Office

$ 29,909,311

Vocational Education Advisory Council

$

242,710

Office of Consumers' Utility Council

$

528,540

Criminal Justice Coordinating Council

$

576,458

Children and Youth Coordinating Council

$ 1,782,809

Human Relations Commission

$

209,056

State Funds

$ 6,052,680

$

739,45

$ 5,664,874

$ 3,003,199

$ 2,227,048

$

290,969

$

90,560

$

528,540

$

345,512

$

502,809

$

209,056

2152

JOURNAL OF THE SENATE

Governor's Commission on Drug Awareness and Prevention
Professional Standards Commission Georgia Emergency Management Agency Total

411,445 $

--0--

3,258,256 $ 3,258,256

3,491,529 $ 1,079,943

58,743,043 $ 23,992,896

Section 23. Department of Human Resources.

A. Budget Unit: Departmental Operations

. . $566,669,058

1. General Administration and Support Budget:

Personal Services......................................

. . . . $67,776,882

Regular Operating Expenses

. . . . . $3,529,795

Travel .................................... .... .......... ... $1,477,072

Motor Vehicle Purchases

....... $863,000

Equipment ................................. . . . . ...... ....... $248,872

Real Estate Rentals ......................................... . $6,070,511

Per Diem, Fees and Contracts

. . . . . $4,338,305

Computer Charges ...................................... ... $5,738,797

Telecommunications ......................................... . $1,433,738

Special Purpose Contracts ...................................

. $358,100

Service Benefits for Children ......................... ....... . $15,000,000

Purchase of Service Contracts

. $40,671,106

Institutional Repairs and Maintenance

.

$89,155

Postage ................................................. . . . . . $1,670,285

Payments to DMA-Community Care

... $13,213,121

Total Funds Budgeted

$162,478,739

Indirect DOAS Services Funding

...... $638,300

State Funds Budgeted ....................................... .... $72,863,300

General Administration and Support Functional Budgets

Total Funds

State Funds

Commissioner's Office

720,010 $

720,010

Budget Administration

1,951,749 $ 1,951,749

Community/Intergovernmental Affairs

246,000 $

246,000

Special Projects

495,200 $

495,200

Office of Children and Youth

15,000,000 $ 14,483,767

Planning Councils Community Services Block Grant

168,971 $ 10,640,890 $

154,266 --0--

Administrative Policy

--0-- $

-- 0--

Administrative Support Service Facilities Management

17,110,556 $ 16,144,456

5,161,176

3,621,306

Administrative Appeals

1,743,076

1,743,076

Regulatory Services--Program Direction and Support

574,146

564,146

Child Care Licensing

2,660,527

2,660,527

Health Care Facilities Regulation

6,111,570

1,904,580

Fraud and Abuse

5,737,762

789,644

Child Support Recovery

37,047,715

3,521,998

Financial Services

5,158,880

4,958,880

Auditing Services

1,826,469

1,826,469

Personnel Administration

1,820,091

1,820,091

MONDAY, MARCH 23, 1992

2153

Indirect Cost Public Affairs Aging Services State Health Planning Agency Total

$ (7,601,852)

391,564 $

391,564

46,451,807 $ 21,066,843

1,460,580 $ 1,400,580

162,478,739 $ 72,863,300

2. Public Health Budget:

Personal Services............................................ $45,329,069

Regular Operating Expenses.................................. $69,523,346

Travel ....................................................

$910,647

Motor Vehicle Purchases.....................................

$40,000

Equipment .................................................

$91,419

Real Estate Rentals .........................................

$1,088,038

Per Diem, Fees and Contracts ................................

$3,803,819

Computer Charges .......................................... . . . $588,771

Telecommunications .........................................

$693,957

Crippled Children's Benefits.................................. . $7,739,825

Kidney Disease Benefits .....................................

. $308,000

Cancer Control Benefits .....................................

$2,928,130

Benefits for Medically Indigent High-Risk Pregnant Women and

Their Infants ............................................. . $950,000

Family Planning Benefits .................................... . . . $515,602

Crippled Children's Clinics ...................................

$640,000

Special Purpose Contracts ........................................... $654,009

Purchase of Service Contracts ......

. . . . . $10,294,084

Grant-In-Aid to Counties .................................... $71,175,039

Postage ....................................................

$133,366

Grants for Regional Maternal and Infant Care

........ $747,761

Total Funds Budgeted ........................................ . . . $218,154,882

Indirect DOAS Services Funding ..................................... $549,718

State Funds Budgeted ........................................ . . . $113,718,205

Public Health Functional Budgets Total Funds

State Funds

District Health Administration

10,751,623 $ 10,621,948

Newborn Follow-Up Care

911,270 $

720,299

Dental Health

1,344,050 $

1,133,875

Stroke and Heart Attack Prevention

2,060,103 $ 1,530,103

Sickle Cell, Vision and Hearing

3,250,247 $ 2,939,789

High-Risk Pregnant Women and Infants

2,661,995 $

2,661,995

Sexually Transmitted Diseases

3,613,528 $

294,252

Family Planning Malnutrition

9,245,002 $ 66,930,133 $

5,451,916 --0--

Grant in Aid to Counties

49,927,448 $ 42,696,942

Children's Medical Services

12,353,847 $ 7,894,471

Emergency Health

2,928,383 $

1,871,835

Primary Health Care

1,470,840 $

1,337,980

Epidemiology Immunization

1,399,300 $ 723,071 $

969,861 -0-

Community Tuberculosis Control

3,000,912 $ 2,589,595

2154

JOURNAL OF THE SENATE

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

$ 4,558,557

$ 2,881,423

$ 2,116,213

$

1,112,176

$

592,235

$ 4,018,594

$

799,461

$

317,543

$

914,796

$

1,726,211

$

820,801

$

913,705

$ 5,233,711

$ 3,068,215

$

346,347

$ 6,208,725

$ 9,954,417

$ 218,154,882

$ 3,287,301

$ 1,612,858

$ 1,005,573

$ 1,112,176

$

592,235

$ 3,823,585

$

602,236

$

167,543

$

782,796

$ 1,509,711

$

597,983

$

739,788

$ 5,113,711

$

1,221,491

$

257,710

$ 2,789,767

$ 5,786,880

$ 113,718,205

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 ...............

$61,906,263 ...... $10,416,531 ......... $800,674 .......... $45,100 ......... $329,182 ....... $3,980,101 ....... $4,930,167 ....... $1,719,009 ....... $1,456,893 ...... $17,377,092 .......... $27,000 ......... $593,500 ....... $7,728,149 ......... $139,000 ......... $892,620 ......... $510,068 .... $112,851,349 ......... $100,000 ...... $20,333,455

Rehabilitation Services Functional Budgets Total Funds

District Field Services

$ $37,062,483

Independent Living

$

788,635

Bobby Dodd Workshop

$

494,120

Sheltered Employment

$

1,592,976

Community Facilities

$ 6,712,498

State Rehabilitation Facilities

$ 6,869,515

Diversified Industries of Georgia

$

683,731

State Funds

$ 8,098,630

$

585,347

$

164,864

$

784,976

$ 2,816,658

$

1,373,903

$

--0--

MONDAY, MARCH 23, 1992

2155

Program Direction and Support Grants Management Disability Adjudication Georgia Factory for the Blind Roosevelt Warm Springs Institute Total

$ 3,529,026 $ 1,265,027

$

602,613 $

602,613

$ 23,598,633 $

-- 0--

$ 11,553,741 $

753,849

$ 19,363,378 $ 3,887,588

$ 112,851,349 $ 20,333,455

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 .................

...... $12,829,448 ....... $1,480,912 ......... $371,633 .......... $--0-- .......... $65,110 ......... $246,861 ....... $4,204,544
.... $16,974,103 ...... $1,399,360 ....... $1,126,134 . . . . $504,267,847 ....... $3,673,926 ...... $96,440,645 ..... $5,327,136 ....... $2,175,205 ..... $228,157,480 ..... $878,740,344 ....... $2,339,882 .... $359,754,098

Director's Office

Family and Children Services Functional Budgets Total Funds

$

673,494

State Funds

$

673,494

Social Services

$ 2,511,665 $ 2,511,665

Program Support

$ 3,011,479 $ 2,844,080

Administrative Support

$ 5,078,810 $ 3,984,341

Regional Administration

$ 3,187,489 $ 3,187,489

Public Assistance

$ 4,080,623 $ 2,258,214

Management Information Systems

$ 19,624,402 $ 8,356,300

AFDC Payments

$ 493,656,745 $ 187,540,065

SSI - Supplemental Benefits Refugee Programs

$

100 $

$ 2,799,421 $

100 -- 0--

Energy Benefits

$ 8,665,581 $

-- 0--

County DFACS Operations--Eligibility

$ 96,401,567 $ 48,032,080

County DFACS Operations--Social Services

$ 71,580,285 $ 24,372,361

Food Stamp Issuance

$ 2,769,480 $

-- 0--

County DFACS Operations--Homemakers Services

$ 7,059,985 $ 1,629,058

County DFACS Operations--Joint and Administration

$ 46,997,185 $ 21,349,095

County DFACS Operations--Employability Program

$ 6,118,458 $ 2,314,164

2156

JOURNAL OF THE SENATE

Employability Benefits

15,302,653 $ 5,973,325

Legal Services

1,331,734 $

976,046

Family Foster Care

33,034,023 $ 22,689,287

Institutional Foster Care

5,714,936 $ 4,566,134

Specialized Foster Care

1,284,414 $ 1,259,337

Adoption Supplement

6,453,207 $ 4,530,793

Day Care

39,025,289 $ 14,915,359

Home Management - Contracts

--0--

Outreach - Contracts

144,817 $

144,817

Special Projects

982,316 $

958,714

Children's Trust Fund Commission

1,250,186 $ 1,250,186

Indirect Cost

$ (6,562,406)

Total

$ 878,740,344 $ 359,754,098

Budget Unit Object Classes:

Personal Services............................................... $187,841,662

Regular Operating Expenses...................................... $84,950,584

Travel .......................................................... $3,560,026

Motor Vehicle Purchases............................................ $948,100

Equipment ........................................................ $734,583

Real Estate Rentals ............................................. $11,385,511

Per Diem, Fees and Contracts .................................... $17,276,835

Computer Charges .............................................. $25,020,680

Telecommunications .............................................. $4,983,948

Crippled Children's Benefits....................................... $7,739,825

Kidney Disease Benefits ............................................ $308,000

Cancer Control Benefits .....................................

$2,928,130

Benefits for Medically Indigent High-Risk Pregnant Women and

Their Infants .................................................... $950,000

Family Planning Benefits ........................................... $515,602

Case Services ................................................... $17,377,092

E.S.R.P. Case Services ............................................... $27,000

Crippled Children's Clinics .......................................... $640,000

Children's Trust Fund ............................................ $1,126,134

Cash Benefits .................................................. $504,267,847

Special Purpose Contracts ........................................ $5,279,535

Service Benefits for Children .................................... $111,440,645

Purchase of Service Contracts .................................... $64,020,475

Grant-In-Aid to Counties ........................................ $71,175,039

Institutional Repairs and Maintenance ............................... $228,155

Utilities ........................................................... $892,620

Postage ......................................................... $4,488,924

Payments to DMA-Community Care .............................. $13,213,121

Grants for Regional Maternal and Infant Care ........................ $747,761

Grants to County DFACS--Operations ........................... $228,157,480

B. Budget Unit: Community Mental Health/Mental Retardation Youth

Services and Institutions ........................................ $487,601,380

Departmental Operations:

Personal Services............................................... $389,576,580

Regular Operating Expenses...................................... $40,670,588

Travel .......................................................... $1,061,500

Motor Vehicle Purchases............................................ $642,800

Equipment ...................................................... $2,150,491

Computer Charges ............................................... $4,215,551

MONDAY, MARCH 23, 1992

2157

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 ....... ... Total Funds Budgeted . . .................. Indirect DOAS Services Funding ......... State Funds Budgeted ........... ......

...... $1,278,654 ...... $3,055,409 ...... $7,210,743 . . . . . $13,785,300
...... $714,900 ...... $2,251,302 ...... $2,540,400 ... $40,252,100 . . . . . $92,395,007 . . . . . $20,633,329
. . $57,532,612 $272,118
...... $5,059,773 ........ $157,311
. . $685,456,468 $2,404,100
. $487,601,380

Community Mental Health/Mental Rrleettaarrddatiioonn,,

tional Budgets

il Funds

State Funds

Southwestern State Hospital

40,443,510 $ 24,396,163

Brook Run

31,394,627 $ 11,362,527

Georgia Mental Health Institute

30,731,668 $ 24,436,064

Georgia Regional Hospital at Augusta

23,911,727 $ 20,615,353

Northwest Regional Hospital at Rome

29,586,193 $ 21,682,540

Georgia Regional Hospital at Atlanta

29,253,507 $ 19,842,978

Central State Hospital

132,119,911 $ 76,652,891

Georgia Regional Hospital at Savannah

24,409,694 $ 19,479,220

Gracewood State School and Hospital

45,429,579 $ 23,323,279

West Central Georgia Regional Hospital

22,551,901 $ 17,539,875

Outdoor Therapeutic Program

3,407,887 $ 2,567,993

Mental Health Community Assistance

10,155,900 $ 9,979,592

Mental Retardation Community Assistance

4,654,229 $ 2,806,332

Day Care Centers for Mentally Retarded

69,630,766 $ 41,894,766

Supportive Living

20,297,129 $ 18,221,825

Georgia State Foster Grandparents/Senior Companion Program

729,221 $

701,221

Project Rescue

501,300 $

501,300

Drug Abuse Contracts

1,071,200 $

1,071,200

Community Mental Health Center Services

57,532,612 $ 48,499,071

Project ARC

375,800 $

375,800

Metro Drug Abuse Centers

1,388,397 $

1,192,897

Group Homes for Autistic Children

276,400 $

276,400

Project Friendship

336,200 $

336,200

Community Mental Retardation Staff

3,953,600 $ 3,953,600

Community Mental Retardation Residential Services

$ 17,283,141

17,283,141

2158

JOURNAL OF THE SENATE

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 Comunity Treatment Centers Day Centers Group Homes Purchased Services Runaway Investigation/Interstate Compact Assessment and Classification Youth Services Administration Total

$

90,900

$ 9,168,527

$ 19,774,177

$ 10,334,318

$

7,022,679

$

4,428,575

$ 4,474,592

$ 14,124,825

$

2,966,806

$

874,259

$

753,574

$

5,837,590

$

827,929

$

405,748

$ 2,945,870

$ 685,456,468

$

90,900

$ 6,051,403

$ 19,154,177

$ 9,958,618

$ 6,936,679

$ 3,807,581

$ 3,873,193

$ 14,124,825

$ 2,966,806

$

874,259

$

753,574

$ 5,837,590

$

827,929

$

405,748

$ 2,945,870

$ 487,601,380

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 ........................ State Funds Budgeted ........................

.... $15,737,287
..... $7,599,816 . $1,350,093
....... $289,803 $66,000
........ $53,769 $109,912
....... $827,733 ...... $211,076 ....... $475,691
$129,500 .... $4,378,894
. $1,445,000 ........ $--0-- ........ $--0-- ........ $--0-- ........ $--0-- ........ $--0-- ........ $--0-- ........ $--0-- .... $16,937,287 .... $15,737,287

Department of Industry and Trade Functional Budgets

Total Funds

State Funds

Administration

$

4,200,580 $

3,380,580

Economic Development

$

5,311,645 $

5,151,645

Tourism

$

7,425,062 $

7,205,062

Total

$ 16,937,287 $ 15,737,287

MONDAY, MARCH 23, 1992

2159

Section 25. Department of Insurance.

Budget Unit: Department of Insurance

$14,450,121

Operations Budget:

Personal Services................................................ $11,227,290

Regular Operating Expenses......................................... $706,912

Travel .............................. ............................. $467,236

Motor Vehicle Purchases . . . . . .... ............................... $40,500

Equipment ........... ............. . .......... ....... . . . . $330,880

Computer Charges ......... ....................... . . . ........ $1,118,218

Real Estate Rentals ................................... . . . . . . . $713,542

Telecommunications . .... ....................... .....

$286,025

Per Diem, Fees and Contracts

..... ......... . . . . .

$165,000

Health Care Utilization Review . . . ...................... . . . ... $--0--

Total Funds Budgeted ............... ................ . . . $15,055,603

State Funds Budgeted ...............

. . . . . . . . . . . $14,450,121

Department of Insurance Functional Budgets Total Funds

State Funds

Internal Administration

$ 4,847,280 $ 4,847,280

Insurance Regulation

$ 5,303,786 $ 5,303,786

Industrial Loans Regulation

$

545,713 $

545,713

Fire Safety and Mobile Home Regulations

$ 4,358,824 $ 3,753,342

Total

$ 15,055,603 $ 14,450,121

Section 26. Department of Labor.

Budget Unit: Department of Labor .......................... . .

$6,493,059

State Operations:

Personal Services. ................. . . . ..................... . . . $62,551,346

Regular Operating Expenses ....................................... $5,183,747

Travel ................................... ...................... $1,060,000

Motor Vehicle Purchases............................................. $--0--

Equipment ........................................................ $470,063

Computer Charges ............................................... $3,812,046

Real Estate Rentals .............................................. $1,379,108

Telecommunications .

........................................ $1,263,770

Per Diem, Fees and Contracts (JTPA) ........................... $67,289,698

Per Diem, Fees and Contracts ..................................... $2,870,657

W.I.N. Grants ....... .............................................. $--0--

Payments to State Treasury....................................... $1,774,078

Capital Outlay ................................................... $2,130,000

Total Funds Budgeted ......... ................................ $149,784,513

State Funds Budgeted .............. ............................. $6,493,059

Department of Labor Functional Budgets Total Funds

State Funds

Executive Offices/Administrative Services

$ 22,535,730 $ 3,736,974

Employment and Training Services

$ 127,248,783 $ 2,756,085

Total

$ 149,784,513 $ 6,493,059

Section 27. Department of Law.

Budget Unit: Department of Law.................................... $8,935,707

Attorney General's Office Budget:

Personal Services............. ...................... ............ $8,113,336

Regular Operating Expenses

................ ........... $425,745

Travel ............................................................ $111,057

Motor Vehicle Purchases. . .

.............

....... $--0--

2160

JOURNAL OF THE SENATE

Equipment ......................................................... $11,030

Computer Charges ....................................... ......... $264,533

Real Estate Rentals .............. .............. ................ $462,926

Telecommunications ........

................. ................. $102,080

Per Diem, Fees and Contracts ... ................................... $60,000

Books for State Library............................

............ $110,000

Total Funds Budgeted ............. ............. ................ $9,660,707

State Funds Budgeted .................

....... ......... $8,935,707

Section 28. Department of Medical Assistance.

A. Budget Unit: Medicaid Services .......................

$945,174,515

Departmental Operations Budget:

Personal Services.................. ............. ............... $12,283,598

Regular Operating Expenses . . . . . . .

......................... $573,421

Travel .............................. ............................. $104,200

Motor Vehicle Purchases .............................. ............ $--0--

Equipment ................ . . ............................ ........ $48,176

Computer Charges .....................

. . . . . ........ $17,276,354

Real Estate Rentals .......... ........

.................. $935,973

Telecommunications ............... ............................... $401,058

Per Diem, Fees and Contracts . . . . ................ ...... . . . . $59,415,984

Medicaid Benefits, Penalties and Disallowances

.......... $2,405,322,797

Payments to Counties for Mental Health . . . ...................... $43,767,828

Audit Contracts.............. ..... ............................. $772,500

SFY 1992 Medicaid Benefits, Penalties and Disallowances

$183,762,790

Total Funds Budgeted ........ ......... ...................... $2,724,664,679

State Funds Budgeted ............... .......................... $945,174,515

Medical Assistance Functional Budgets Total Funds

State Funds

Commissioner's Office

$ 55,282,777 $ 2,702,664

Benefits, Penalties and Disallowances

$ 2,632,853,415 $ 929,016,972

Community Services

$ 1,025,713 $

338,485

Systems Management

$ 19,126,049 $ 5,841,095

Professional Services

$ 2,147,167 $

912,285

Program Compliance

$ 4,626,462 $ 1,758,519

Institutional Policy and Reimbursement

$ 9,205,510 $ 4,481,243

Maternal and Child Health

$

397,586 $

123,252

Total

$ 2,724,664,679 $ 945,174,515

Section 29. Merit System of Personnel Administration.

Budget Unit: Merit System of Personnel Administration. ........ ..... $--0--

Departmental Operations Budget:

Personal Services..................... ........................... $7,248,592

Regular Operating Expenses......... ............................. $1,679,552

Travel .................................... ........................ $81,440

Equipment ........................... .................... ....... $37,805

Real Estate Rentals ............... ............................. $912,524

Per Diem, Fees and Contracts .................................... $92,116,066

Computer Charges ............................................... $3,571,523

Telecommunications ................................................ $283,826

Health Insurance Payments ..................................... $701,835,729

Total Funds Budgeted ....... ............................... $807,767,057

Other Agency Funds......

. . . ......

............ $47,000

Agency Assessments . . .

................... ....... $10,097,943

MONDAY, MARCH 23, 1992

2161

Employee and Employer Contributions Deferred Compensation ............... State Funds .........................

Merit System Functional Budgets Total Funds

Commissioner's Office

$

1,594,791

Applicant Services

$ 2,659,945

Classification and Compensation

$

1,279,462

Flexible Benefits

$

1,240,213

Employee Training and Development

$

1,290,188

Health Insurance Administration

$ 27,234,367

Health Insurance Claims

$ 769,635,934

Internal Administration

$

2,832,157

Total

$ 807,767,057

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:

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

$797,490,170 .... $131,944 ..... $--0--

State Funds

$

-- 0--

$

-- 0--

$

-- 0--

$

-- 0--

$

-- 0--

$

-- 0--

$

_o_

$

-- 0--

$

-- 0--

$60,184,498
$59,132,980 $11,770,303 . . . $414,234 . $1,758,257 $2,313,179 . $4,204,903 . $1,340,506 . . $807,250 . $1,056,308 . . . $147,440 . . $150,000 . $2,450,000
. . . $652,584 $2,321,000
. . . $225,000 $585,000 $300,000
. $1,249,000 .... $30,000 .... $--0-- . . . $400,000
. . , $800,000 .... $--0-- . $239,112 ... $--0--
.... $50,000 .... $--0-- . $108,687 . . . $185,000
$10,000 . . . $155,411 . . $300,000

2162

JOURNAL OF THE SENATE

U.S. Geological Survey for Topographic Mapping

........ $--0--

Payments to Georgia Agricultural Exposition Authority

..... $2,360,275

Georgia Boxing Commission

......... $5,000

Total Funds Budgeted ...................................... . $95,521,429

Receipts from Jekyll Island State Park Authority

....... $314,594

Receipts from Stone Mountain Memorial Association

... $2,122,585

Indirect DOAS Funding

....... $200,000

State Funds Budgeted

. . . . $60,184,498

Department of Natural Resources Functional Budgets Total Funds

Internal Administration

6,858,636

Parks, Recreation and Historic Sites

34,973,036

Coastal Resources

1,692,529

Game and Fish

28,519,879

Environmental Protection

23,477,349

Total

95,521,429

State Funds

$

2,472,488

$ 18,179,236

$ 1,586,029

$ 24,240,227

$ 13,706,518

$ 60,184,498

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 ................................

........ $--0--
.... $1,595,002 . . . . . $1,245,998 ........ $21,450 ........ $--0-- ........ $85,000 ....... $29,000 ........ $--0-- ........ $29,000 ....... $513,000 ........ $--0-- .... $3,518,450 ........ $--0--

Functional Budget Total Funds

Georgia Agricultural Exposition Authority

$

3,518,450

State Funds

$

--0--

Section 31. Department of Public Safety. A. Budget Unit: Department of Public Safety
1. Operations Budget: Personal Services.......................... Regular Operating Expenses Travel ................................... Motor Vehicle Purchases Equipment ............................... Computer Charges Real Estate Rentals ....................... Telecommunications Per Diem, Fees and Contracts State Patrol Posts Repairs and Maintenance Capital Outlay Total Funds Budgeted Indirect DOAS Service Funding State Funds Budgeted
2. Driver Services Budget: Personal Services .........................

. $82,974,748
. $46,152,620 . . $6,793,660 . . . . $113,000 . . $2,729,000 . . . . $654,520 . . . . . $--0-- ..... $7,735 . . . . $602,000 . . . . $194,150 ... $150,000 . . . . . $-0-- . $57,396,685 . . $150,000 . $57,246,685
. $18,270,538

MONDAY, MARCH 23, 1992

2163

Regular Operating Expenses................. Travel .................................... Motor Vehicle Purchases.................... Equipment ................................ Computer Charges Real Estate Rentals ........................ Telecommunications ........................ Per Diem, Fees and Contracts Capital Outlay .............................
Conviction Reports ................... State Patrol Posts Repairs and Maintenance Driver License Processing Total Funds Budgeted Indirect DOAS Service Funding State Funds Budgeted ......................

$1,928,201 ......... $22,000
......... $25,000 ........ $155,700 ...... $4,507,000
$39,600 ........ $590,000 ......... $85,350 ........ $236,674 ........ $290,000 ....... $30,000 ...... $1,048,000 ... $27,228,063
$1,500,000 . . . . . $25,728,063

Administration Driver Services Field Operations Total

Public Safety Functional Budgets Total Funds $ 11,368,355 $ 27,228,063 $ 46,028,330 $ 84,624,748

State Funds $ 11,368,355 $ 25,728,063 $ 45,878,330 $ 82,974,748

B. Budget Unit: Units Attached for Administrative Purposes Only ..... $12,811,402

1. Attached Units Budget:

Personal Services........................................... ...... $6,822,185

Regular Operating Expenses

...... $2,635,118

Travel .................................................... ......... $93,200

Motor Vehicle Purchases.................................... ........ $--0--

Equipment ................................................ ........ $102,220

Computer Charges ......................................... ........ $385,000

Real Estate Rentals ........................................ ........ $100,821

Telecommunications ........................................ ........ $143,000

Per Diem, Fees and Contracts ............................... ........ $594,635

Peace Officers Training Grants ..............................

$2,909,356

Capital Outlay ............................................. ......... $--0--

Total Funds Budgeted ...................................... ..... $13,785,535

State Funds Budgeted ...................................... ..... $12,515,473

2. Office of Highway Safety Budget:

Personal Services........................................... ........ $388,338

Regular Operating Expenses................................. ......... $28,342

Travel .................................................... .......... $9,828

Motor Vehicle Purchases.................................... ......... $--0--

Equipment ................................................ .......... $300

Computer Charges ......................................... ......... $37,300

Real Estate Rentals ........................................ ......... $75,078

Telecommunications ........................................ .......... $3,670

Per Diem, Fees and Contracts ............................... ......... $18,800

Highway Safety Grants ..................................... ...... $3,500,000

Total Funds Budgeted ...................................... ...... $4,061,656

State Funds Budgeted ...................................... ........ $295,929

Attached Units Functional Budgets Total Funds

Office of Highway Safety

4,061,656

State Funds

$

295,929

2164

JOURNAL OF THE SENATE

Georgia Peace Officers Standards and Training
Police Academy Fire Academy
Georgia Firenghters Standards and Training Council
Organized Crime Prevention Council
Georgia Public Safety Training Facility
Total

4,842,817 822,679
1,054,318
400,446 _0_
6,665,275 17,847,191

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 Contracts ............................. Total Funds Budgeted .................................... State Funds Budgeted ....................................

Public Service Commission Functional Budgets Total Funds

Administration

$ 1,563,784

Transportation

$ 3,071,754

Utilities

$ 5,230,331

Total

$ 9,865,869

Section 34. Board of Regents, University System of Georgia. A. Budget Unit: Resident Instruction .........................
Resident Instruction Budget: Personal Services: Educ., Gen., and Dept. Svcs. ............................ Sponsored Operations .................................... Operating Expenses: Educ., Gen., and Dept. Svcs. Sponsored Operations .................................... Special Funding Initiative Office of Minority Business Enterprise ..................... Special Desegregation Programs ........................... Forestry Research ........................................ Research Consortium ..................................... Capital Outlay ...........................................

4,842,817 656,019 974,318
400,446 --0--
5,641,873 12,811,402
$9,622,000
$472,000 $9,150,000 $9,622,000 $9,622,000
$8,410,886
$6,226,564 . . $387,583 . . $165,442
$133,328 $10,682 $400,600 . . $321,189 $122,366 $2,098,115 $9,865,869 $8,410,886
State Funds $ 1,563,784 $ 1,730,493 $ 5,116,609 $ 8,410,886
. . . . $791,345,841
$862,517,173 $110,000,000
$207,056,508 $125,000,000
$5,825,000 $299,816
.... $325,712 .... $284,292
$1,550,000 ..... $--0--

MONDAY, MARCH 23, 1992

2165

Total Funds Budgeted ......................................... $1,312,858,501

Departmental Income............................................ $31,000,000

Sponsored Income.............................................. $235,000,000

Other Funds ................................................... $252,485,360

Indirect DOAS Services Funding .................................. $3,027,300

State Funds Budgeted .......................................... $791,345,841

B. Budget Unit: Regents Central Office and Other Organized

Activities..................................................... $137,057,453

Regents Central Office and Other Organized Activities Budget:

Personal Services:

Educ., Gen., and Dept. Svcs. .................................. $223,846,444

Sponsored Operations ..................................

. . . $67,118,788

Operating Expenses:

Educ., Gen., and Dept. Svs. ............ ...................... $98,130,085

Sponsored Operations ............................ .............. $37,302,065

Fire Ant and Environmental Toxicology Research

$--0--

Agricultural Research .......................................... . . $1,855,251

Advanced Technology Development Center

$1,548,244

Capitation Contracts for Family Practice Residency

$2,635,415

Residency Capitation Grants ................................... $2,439,285

Student Preceptorships ....................... ..................... $149,391

Mercer Medical School Grant .............................. ..... $5,300,000

Center for Rehabilitation Technology .........................

$704,131

SREB Payments ................................................. $8,248,050

Medical Scholarships

$1,033,526

Regents Opportunity Grants ............................

$564,000

Regents Scholarships ............................. ................. $188,000

Rental Payments to Georgia Military College

$801,416

CRT Inc. Contract at Georgia Tech Research Institute

$211,000

Direct Payments to the Georgia Public Telecommunications

Commission for Operations ...................................... $6,279,749

Total Funds Budgeted .......................................... $458,354,840

Departmental Income................................................ $--0--

Sponsored Income.............................................. $105,270,458

Other Funds ................................................... $215,471,229

Indirect DOAS Services Funding .................................... $555,700

State Funds Budgeted .......................................... $137,057,453

Regents Central Office and Other Organized Activities

Functional Budgets

T 1 Funds

State Funds

Marine Resources Extension Center

$ 1,712,273 $ 1,175,485

Skidaway Institute of Oceanography

$ 3,547,055 $ 1,361,527

Marine Institute

$

1,307,982 $

857,259

Georgia Tech Research Institute

$ 126,769,584 $ 11,785,853

Education Extension Services

$ 7,317,438 $ 2,023,700

Agricultural Experiment Station

$ 47,834,496 $ 30,973,984

Cooperative Extension Service

$ 41,428,345 $ 24,792,533

Eugene Talmadge Memorial Hospital

$ 184,829,258 $ 27,836,373

Veterinary Medicine Experiment Station

$ 2,428,334 $ 2,428,334

Veterinary Medicine Teaching Hospital

$ 2,304,997 $

453,708

Joint Board of Family Practice

$ 11,467,333 $ 11,467,333

Georgia Radiation Therapy Center

$ 2,275,827 $

-- 0--

2166

JOURNAL OF THE SENATE

Athens and Tifton Veterinary Laboratories

$ 3,230,554

Regents Central Office

$ 21,901,364

Total

$ 458,354,840

C. Budget Unit: Georgia Public Telecommunications Commission

Public Telecommunications Commission Budget:

Personal Services............................................

Operating Expenses .......................

Total Funds Budgeted ................... ........... . . . . .

Other Funds .......... ............... ...... ...........

State Funds Budgeted ....... ... ...............

--0-- 21,901,364 137,057,453
. $6,659,465 $7,745,891 $14,405,356 $14,405,356 $--0--

Section 35. Department of Revenue.

Budget Unit: Department of Revenue

$73,478,207

Operations Budget:

Personal Services....................................... ... . . . . . $48,730,894

Regular Operating Expenses

. . $4,336,959

Travel ....................................... ........

... $1,345,175

Motor Vehicle Purchases .............................. ............. $68,500

Equipment ......................................... ...... . . $545,324

Computer Charges .................... ............... .

. $8,268,702

Real Estate Rentals

.... $2,646,528

Telecommunications ........ ............ .................... . . . . . . $740,411

Per Diem, Fees and Contracts

........ $296,243

County Tax Officials/Retirement and FICA

...... $4,550,926

Grants to Counties/Appraisal Staff. ........................ ......... $--0--

Motor Vehicle Tags and Decals..................................... $2,439,610

Postage ..................................................... . . . . $3,477,844

Total Funds Budgeted ........................................ . . . . $77,447,116

Indirect DOAS Services Funding ........................... . . . . $3,845,000

State Funds Budgeted ........................................ . . . $73,478,207

Department of Revenue Functional Budgets Total Funds

State Funds

Departmental Administration

7,025,846 $ 7,025,846

Internal Administration

10,349,576 $ 10,149,576

Electronic Data Processing

5,040,980 $ 4,822,980

Field Services

17,898,029 $ 17,598,029

Income Tax Unit

7,689,126 $ 6,732,126

Motor Vehicle Unit

14,358,893 $ 12,726,893

Central Audit Unit

7,122,124 $ 7,122,124

Property Tax Unit

3,361,676 $ 3,156,767

Sales Tax Unit

4,554,014 $ 4,097,014

State Board of Equalization

46,852 $

46,852

Total

77,447,116 $ 73,478,207

Section 36. Secretary of State. Budget Unit: Secretary of State Personal Services Regular Operating Expenses Travel ..................... Motor Vehicle Purchases Equipment
Computer Charges

$22,326,616 $14,895,222 $2,209,525 . . . $184,350
$305,000 . $169,387 $964,815

MONDAY, MARCH 23, 1992

2167

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

3,158,537

Archives and Records

4,378,361

Business Services and Regulation

4,320,030

Elections and Campaign Disclosure

1,579,835

Drugs and Narcotics

975,977

State Ethics Commission

273,345

Occupational Certification

8,140,531

Total

22,826,616

B. Budget Unit: Real Estate Commission Real Estate Commission Budget: Personal Services...... ............. Regular Operating Expenses Travel .......................... Motor Vehicle Purchases Equipment ............... . Computer Charges . . . . ............. Real Estate Rentals ................. Telecommunications Per Diem, Fees and Contracts Total Funds Budgeted . ............ State Funds Budgeted . ...........
Real Estate Commission Functional Budget

Real Estate Commission

State Funds $ 1,686,048

Section 37. Soil and Water Conservation Commission.

Budget Unit: Soil and Water Conservation Commission

Soil and Water Conservation Budget:

Personal Services..................................

Regular Operating Expenses........................

Travel ...........................................

Motor Vehicle Purchases....................... . . .

Equipment

.........................

Computer Charges . . ......... ................

Real Estate Rentals .................... ..........

Telecommunications ...............................

Per Diem, Fees and Contracts

County Conservation Grants ...... ................

Total Funds Budgeted ............................

State Funds Budgeted .............................

Section 38. Student Finance Commission. Budget Unit: Student Finance Commission . . ........

..... $2,277,620 ....... $303,710 . . . . . $816,987 ....... $700,000 ... $22,826,616 . . . . . $22,326,616

State Funds

$ 3,018,537

$ 4,303,361

$ 4,225,030

$ 1,543,835

$

921,977

$

273,345

$ 8,040,531

$ 22,326,616

...... $1,686,048

........ $959,024 ........ $153,500 ......... $15,000 ......... $11,000 ......... $12,000 ........ $263,074 ........ $113,700 ......... $24,000 ........ $134,750 ...... $1,686,048 ...... $1,686,048

Cost of Operations $ 1,726,048

...... $1,538,311
0,115 . . $115,115 . $55,850 ... $--0--
... $12,375 . . $7,250
$56,597 . . $17,520 . . . $711,914 . . $288,000 . $2,154,736 . $1,538,311

$24,286,846

2168

JOURNAL OF THE SENATE

Administration Budget:

Personal Services................................................. $4,505,447

Regular Operating Expenses......................................... $400,161

Travel ............................................................. $81,800

Motor Vehicle Purchases............................................. $--0--

Equipment ......................................................... $19,000

Computer Charges ................................................. $371,000

Telecommunications ................................................ $147,000

Per Diem, Fees and Contracts ........................................ $38,000

Real Estate Rentals ................................................. $24,763

Payment of Interest and Fees ............................. .......... $--0--

Guaranteed Educational Loans .................................... $4,076,000

Tuition Equalization Grants ...................................... $16,182,866

Student Incentive Grants ......................................... $4,803,940

Law Enforcement Personnel Dependents' Grants

$38,000

North Georgia College ROTC Grants

$85,000

Osteopathic Medical Loans.......................................... $160,000

Georgia Military Scholarship Grants ................................. $501,740

Paul Douglas Teacher Scholarship Loans ............................. $425,000

Total Funds Budgeted ........................................... $31,859,717

State Funds Budgeted ........................................... $24,286,846

Georgia Student Finance Commission Functional Budgets

Total Funds

State Fund

Internal Administration

$ 5,100,129 $

--0--

Higher Education Assistance Corporation

$

--0-- $

--0--

Georgia Student Finance Authority

$ 26,272,546 $ 23,799,804

Georgia Nonpublic Postsecondary Education Commission

$

487,042 $

487,042

Total

$ 31,859,717 $ 24,286,846

Section 29. Teachers' Retirement System. Budget Unit: Teachers' Retirement System........................... $3,850,000

Departmental Operations Budget: Personal Services................................................. $3,191,881 Regular Operating Expenses.... ................................... $320,500

Travel ............................................................. $26,650 Equipment .......................................................... $3,200

Computer Charges ................................................. $944,361

Real Estate Rentals ................................................ $320,000

Telecommunications ............................................... $66,514

Per Diem, Fees and Contracts ....................................... $340,000

Cost-of-Living Increasers for Local Retirement System Members .................................... $3,200,000

Floor Fund for Local Retirement Systems

$650,000

Total Funds Budgeted ............................................ $9,063,106

State Funds Budgeted ............................................ $3,850,000

Section 40. Department of Technical and Adult Education. Budget Unit: Department of Technical and Adult Education. ........ $118,748,512

Department of Technical and Adult Education Budget: Personal Services................................................. $3,435,424

Regular Operating Expenses............................ ............ $345,744 Travel ............................................................ $104,750

Motor Vehicle Purchases............................................. $--0-- Equipment ......................................................... $13,000

Computer Charges .................................... ............ $391,822

MONDAY, MARCH 23, 1992

2169

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

$ 5,718,859

Institutional Programs

$ 142,418,791

Total

$ 148,137,650

... $454,619 ..... $165,000 ........ $808,500 .... $82,458,643
$18,561,269 ........ $--0--
$5,839,523 .... $23,154,404 ...... $2,538,917 ...... $9,866,035 . . . . $148,137,650 . . . . $118,748,512
State Funds
$ 3,911,064
$ 114,837,448
$ 118,748,512

Section 41. Department of Transportation.

Budget Unit: Department of Transportation

$422,550,909

For Public Roads and Bridges and for other transportation activities.

Departmental Operations Budget:

Personal Services............................................... $226,253,093

Regular Operating Expenses...................................... $59,053,902

Travel .......................................................... $1,555,799

Motor Vehicle Purchases............................................ $822,000

Equipment ...................................................... $5,187,002

Computer Charges ............................................... $5,088,058

Real Estate Rentals .............................................. $1,307,274

Telecommunications .............................................. $2,406,075

Per Diem, Fees and Contracts .................................... $11,922,705

Capital Outlay ................................................. $687,761,072

Capital Outlay--Airport Approach Aid and Operational

Improvements ................................................... $900,335

Capital Outlay--Airport Development................................ $850,000

Mass Transit Grants ............................................. $9,342,544

Savannah Harbor Maintenance Payments ............................ $750,000

Spoilage Area Acquisition, Clearing, Preparation and

Dike Reconstruction ............................................... $--0--

Total Funds Budgeted ......................................... $1,013,199,859

State Funds Budgeted .......................................... $422,550,909

Department of Transportation Functional Budgets

Motor Fuel Tax Budget

Total Funds

Planning and Construction

$ 734,931,352

Maintenance and Betterments

$ 229,842,531

Facilities and Equipment

$ 8,689,580

Administration

$ 22,696,537

Total

$ 996,160,000

General Funds Budget

Total Funds

Paving at State and Local Schools and State Institutions

$

--0--

Air Transportation

$ 1,540,163

State Funds $ 167,091,352 $ 218,442,531 $ 8,039,580 $ 22,116,537 $ 415,690,000 State Funds

$

--0--

$ 1,180,163

2170

JOURNAL OF THE SENATE

Inter-Modal Transfer Facilities Harbor Maintenance Activities Total

$ 14,749,696 $

$

750,000 $

$ 17,039,859 $

4,930,746 750,0000 6,860,909

Section 42. Department of Veterans Service.

Budget Unit: Department of Veterans Service ....................... $20,893,550

Departmental Operations Budget:

Personal Services................................................. $4,290,331

Regular Operating Expenses......................................... $109,725

Travel ............................................................. $63,200

Motor Vehicle Purchases............................................. $--0--

Equipment ......................................................... $83,100

Computer Charges ................................................... $8,800

Real Estate Rentals ................................................ $233,487

Telecommunications ................................................. $55,500

Per Diem, Fees and Contracts ........................................ $23,000

Operating Expense/Payments to Central State Hospital............. $15,041,016

Operating Expense/Payments to Medical College of Georgia

$5,958,022

Regular Operating Expenses for Projects and Insurance

$179,000

Total Funds Budgeted ........................................... $26,045,181

State Funds Budgeted ........................................... $20,893,550

Veterans Service Functional Budgets Total Funds

State Funds

Veterans Assistance

$ 4,795,643 $ 4,591,660

Veterans Home and Nursing Facility--Milledgeville

$ 15,173,516 $ 11,854,352

Veterans Nursing Home--Augusta

$ 6,076,022 $ 4,447,538

Total

$ 26,045,181 $ 20,893,550

Section 43. Workers' Compensation Board. Budget Unit: Workers' Compensation Board.......................... $9,279,462 Operations Budget: Personal Services................................................. $6,548,760 Regular Operating Expenses......................................... $308,220 Travel ............................................................. $64,750 Motor Vehicle Purchases............................................. $--0-- Equipment .......................................................... $8,958 Computer Charges ................................................. $186,610 Real Estate Rentals ................................................ $932,964 Telecommunications ................................................ $105,000 Per Diem, Fees and Contracts ....................................... $239,200 Payments to State Treasury....................................... $1,000,000 Total Funds Budgeted ............................................ $9,394,462 State Funds Budgeted ............................................ $9,279,462

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) ..................................... $291,515,814 Motor Fuel Tax Funds (Issued) .................................... $68,310,000
359,825,814

B. Budget Unit: State of Georgia General Obligation Debt Sinking Fund State General Funds (New) ........................................ $34,907,685 Motor Fuel Tax Funds (New) .......................................... $--0-- 34,907,685

MONDAY, MARCH 23, 1992

2171

Section 45. Provisions Relative to Section 3, Supreme Court. The appropriations in Section 3 (Supreme Court) of this Act are for the cost of operating the Supreme Court of the State of Georgia, including salaries and retirement contributions for Justices and the employees of the Court, including the cost of purchasing and distributing the reports (deci sions) of the appellate courts to Judges, District Attorneys, Clerks, and others as required by Code Section 50-18-31, and including Georgia's pro rata share for the operation of the National Center for State Courts.
Section 46. Provisions Relative to Section 4, Court of Appeals. The Appropriations in Section 4 (Court of Appeals) of this Act are for the cost of operating the Court of Appeals of the State of Georgia, including salaries and retirement contributions for judges and employ ees of the Court.
Section 47. Provisions Relative to Section 5, Superior Courts. The appropriations in Section 5 (Superior Courts) of this Act are for the cost of operating the Superior Courts of the State of Georgia, including the payment of Judges' salaries, the payment of mileage authorized by law and such other salaries and expenses as may be authorized by law; for the payment of salaries, mileage and other expenses as may be authorized by law for District Attorneys, Assistant District Attorneys, and District Attorneys Emeritus; for the cost of staffing and operating the Prosecuting Attorneys' Council created by Code Section 15-18-40, the Sentence Review Panel created by Code Section 17-10-6, the Council of Superior Court Judges, and the Judicial Administrative Districts created by Code Section 15-5-2, for the latter of which funds shall be allocated to the ten administrative districts by the Chairman of the Judicial Council; provided, however, of the funds appropriated in Section 5, $20,000 is designated and committed to permit Judges with fewer than ten years of experience to at tend the Judicial College.
Section 48. Provisions Relative to Section 6, Juvenile Courts. The appropriations in Section 6 (Juvenile Courts) are for the cost of operating the Council of Juvenile Court Judges created by Code Section 15-11-4.
Section 49. Provisions Relative to Section 7, Institute of Continuing Judicial Educa tion. The appropriations in Section 7 (Institute of Continuing Judicial Education) are for the cost of starring and operating the Institute of Continuing Judicial Education and the Georgia Magistrate Courts Training Council created by Code Section 15-10-132.
Section 50. Provisions Relative to Section 8, Judicial Council. The appropriations in Section 8 (Judicial Council) of this Act are for the cost of operating the Judicial Council of the State of Georgia, the Administrative Office of the Courts and the Board of Court Re porting of the Judicial Council, and for payments to the Council of Magistrate Court Judges, the Council of Probate Court Judges and the Council of State Court Judges.
Section 51. Provisions Relative to Section 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 52. Provisions Relative to Section 13, Department of Agriculture. Provided that of the appropriation to the Department of Agriculture, $85,000 is designated and com mitted for youth programs and activities.
Section 53. 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 54. Provisions Relative to Section 16, Department of Corrections. It is the in tent of the General Assembly that all State and Superior Court Judges assess a minimum $10.00 per month probation fee on all probation cases and excess fee revenue above that

2172

JOURNAL OF THE SENATE

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 55. Provisions Relative to Section 18, State Board of Education-Department of Education. The formula calculation for Quality Basic Education funding assumes a base unit cost of $1,616.56 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 1993.
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 schooi 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 1993 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 1993 that it contributed during SFY 1992.
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 purposes 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.

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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 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 accumulate empirically-based data to support educational research and program evaluation.

It is the intent of this General Assembly that the department continue the Student Profiles activity with existing funds.

Section 56. There is included in this appropriations bill funding for HB 37, HB 38, HB 39, HB 41 and HB 353.

Section 57. Provisions Relative to Section 20, Forestry Commission. It is the intent of the General Assembly that the Walker Nursery remain open.

It is the intent of the General Assembly that the Forestry Commission continue compil ing, publishing and distribution of the Georgia Forestry Magazine and Wood-Using Indus tries in Georgia publications.

Section 58. 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 59. 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 1993 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 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

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1993 by amendment to the Department's annual operating budget as approved by the Office of Planning and Budget:
Early intervention programs for children and youth who are at risk of becoming physi cally or emotionally handicapped, becoming involved in the illegal use of drugs and juvenile offenses or of becoming pregnant.
Continuum for Juvenile Offenders.
Community Mental Health Services for Children and Adolescents.
Child Protective and Placement Services.
Institutional Foster Care Rates--To increase the percent of cost reimbursed to provid ers for children placed by the department.
Child day care as provided by the federal Child Care Bill.
Provided, 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.
Provided, the department is authorized to transfer Personal Services surpluses, not to exceed $275,000 at each of the MH/MR/SA institutions to insure sufficient funding for agency contracted nursing services. Such transfers shall not require prior budgetary approval.
Provided, the department is authorized to extend eligibility in the CHARLEE program from age 18 to high school graduation, whichever is later.
It is the intent of this General Assembly that the Department of Human Resources utilize existing funds to expand the PEACH Program to Crawford County.
Section 60. Provisions Relative to Section 28, Department of Medical Assistance. There is hereby appropriated to the Department of Medical Assistance a specific sum of money equal to all the moneys contributed to the Indigent Care Trust Fund created 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.
The Department of Medical Assistance is authorized to use existing funds to adjust dispensing fees on high-cost drugs.
The Department is authorized to use existing funds for coverage of Occupational Ther apy Service in Home Health Services.
Section 61. 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.
Section 62. Provisions Relative to Section 30, Department of Natural Resources. No land shall be purchases 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.

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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 63. 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 64. Provisions Relative to Section 34, Board of Regents, University System of Georgia. The Board of Regents is authorized to continue development of quality - added programs and to provide initial support for the development (as approved by the Board of Regents) of regional universities.
Section 65. Provisions Relative to Section 36, Secretary of State. Provided that of the funds appropriated for Occupational Certification, $60,000 is authorized for board member participation at conferences related to professional regulation.
Provided, that the funds appropriated herein for the State Ethics Commission, no more than $5,000 may be used to increase the compensation for an existing position as of March 1, 1992, and all other funds shall be used for the purposes of employing additional staff and/ or operational funds for the State Ethics Commission.
Section 66. Provisions Relative to Section 40, Department of Technical and Adult Ed ucation. None of the State funds appropriated in Section 40 may be used for the purpose of planning, designing, constructing, or renovating an area vocational-technical school unless said school agrees to be governed by the State Board of Technical and Adult Education.
Section 67. 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 department-

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owned 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.
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 $484,000,000 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 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.
The Department is authorized to use federal funds to match bond proceeds to acquire, appraise, rehabilitate and evaluate additional railroad lines.
Section 68. In Addition to al other appropriations for the State fiscal year ending June 30, 1993, 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 $10,000,00 for the purpose of providing funds for the operation of the Employment Service and Unemployment Insurance Programs in the Department of Labor. The Office of Planning and Budget is hereby authorized to transfer funds from this section to the appropriate departmental budgets in amounts equal to the departmental re mittances to the Fiscal Division of the Department of Administrative Services from agency fund collections.
Section 69. 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 70. 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

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and telephonic equipment a matter of special interest in future audits to insure strict com pliance with the intent of this General Assembly.
Section 71. To the extent to which Federal funds become available in amounts in ex cess of those contemplated in this Appropriations Act, such excess Federal funds shall be applied as follows, whenever feasible:
First, to supplant State funds which have been appropriated to supplant Federal funds, which such supplanted State funds shall thereupon be removed from the annual operating budgets; and
Second, to further supplant State funds to the extent necessary to maintain the effec tive matching ratio experienced in the immediately preceding fiscal year, which such sup planted State funds shall thereupon be removed from the annual operating budgets.
The Office of Planning and Budget shall utilize its budgetary and fiscal authority so as to accomplish the above stated intent to the greatest degree feasible. At the end of this fiscal year, said Office of Planning and Budget shall provide written notice to the members of the Appropriations Committees of the Senate and House of Representatives of the in stances of noncompliance with the stated intent of this Section.
A nonprofit contractor, as defined in Chapter 20 of Title 50, which contracts to receive any public funds appropriated in this Act shall comply with all provisions of Chapter 20 of Title 50 and shall, in addition, deposit copies of each filing required by Chapter 20 of Title 50 with the chairmen of the House and Senate Appropriations Committees and with the Legislative Budget Office, at the same time as the filings required under Chapter 20 of Title 50. Any nonprofit entity which receives a grant of any public funds appropriated in this Act without entering into a contractual arrangement shall likewise, as a condition of such grant, comply with the provisions of Chapter 20 of Title 50 in the same manner as a state contrac tor and shall likewise file copies of required filings with the chairmen of the House and Senate Appropriations Committees.
Section 72. Each agency for which an appropriation is authorized herein shall main tain financial records in such a fashion as to enable the State Auditor to readily determine expenditures as contemplated in this Appropriations Act.
Section 73. 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 to taxes and other monies collected in error, farmer gasoline tax refund and any other refunds specifically authorized by law.
Section 74. No State appropriations authorized under this Act shall be used to con tinue programs currently funded entirely with Federal funds.
Section 75. 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 76. (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 1992 Regular Session, except as provided, however, the Director of the Budget is authorized to make internal transfers within a budget unit between objects, programs and activities sub ject to the conditions that no funds whatsoever shall be transferred for use in initiating or

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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 Appropriations 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 77. 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 78. There is hereby appropriated a specific sum of Federal grant funds, said specific sum being equal to the total of the Federal grant funds available in excess of the amounts of such funds appropriated in the foregoing sections of this Act, for the purpose of supplanting appropriated State funds, which State funds shall thereupon be unavailable for expenditure unless re- appropriated by the Georgia General Assembly. This provision shall not apply to project grant funds not appropriated in this Act.

Section 79. In addition to all other appropriations for State Fiscal Year 1993, there is appropriated the sum of $38,115,610 for the purposes of making adjustment to agency ap propriations for ERS employer contribution rate, employer health insurance rate and imple mentation of House Bill 1596.

Section 80. Provisions Relative to Section 44 State of Georgia General Obligation Debt Sinking Fund. The debt-service amounts listed below are hereby appropriated for debt service on bonds, the principal amount of which shall not exceed those listed thereby, to be used for projects and purposes listed thereby.

A.) Maturities not to exceed two hundred forth months:

Project/Purpose

Principal Amount

Debt Service

Major Repairs and Renovation at Board of Regents facilities

$ 25,205,000 $ 2,333,983

Construction projects for Board of Regents

73,870,000

6,840,362

MONDAY, MARCH 23, 1992

Construction of facilities land acquisition, design and equipment purchases for Technical and Adult Education
Purchase of land for West Georgia Reservoir--Natural Resources
Mountain Park in Towns County--Natural Resources
Deepening of the Savannah Harbor--Georgia Ports Authority (Industry, Trade and Tourism)
Complete Container Berth 6 at Garden City Terminal--Georgia Ports Authority (Industry, Trade and Tourism)
Upgrading two container cranes, paving and constructing new interchange gates-- Georgia Ports Authority (Industry, Trade and Tourism)
Acquisition of land for construction of student housing at Georgia Tech
Dike construction in the Savannah Harbor--Department of Transportation
Capital Outlay funding to meet federal matching requirements on various federal aid highway projects--Department of Transportation
Purchase and renovation of railroad line-- Department of Transportation
Preservation 2000 land acquisition program--Natural Resources
Boot camps construction in Mitchell, Lanier and Emanuel counties--Corrections
Construction projects for correctional facilities in Calhoun, Dooly, Macon, Pulaski, Tattnall and Wilcox counties--Corrections
Renovations at the Atlanta Farmers Market--Agriculture
Construct Commercial Drivers License Facility--Public Safety
Acquisition and installation of exterior lights for institutions--Corrections
Planning funds for a laboratory at Northwest Regional Hospital
Planning for Visitor Information Center in Ringgold--Industry, Trade and Tourism

27,900,000 5,500,000 4,500,000 32,480,000
9,065,000
14,530,000 3,500,000
7,000,000
71,000,000 7,100,000 20,000,000 3,600,000 4,000,000 1,250,000
475,000 2,500,000
280,000 220,000

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2,583,540 509,300 416,700
3,007,648
839,419
1,345,478 324,100 648,200
6,574,600 657,460
1,852,000 333,360 370,400 115,750 43,985 231,500 25,928 20,372

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B.) Maturities not to exceed sixty months: Purchase of vocational education
equipment--Education

4,000,000

948,000

Expansion of student information system--Education

3,200,000

758,400

Repairs and maintenance of facilities and purchase of equipment--Technical and Adult Education

6,000,000

1,422,000

Development of Revenue Integrated Tax System

3,600,000

853,200

Construction of facilities at Georgia Southern University

20,000,000

1,852,000

Section 81. Cost-of-Living. In addition to all other appropriations, there is hereby ap propriated $97,775,000 for the following purposes: 1.) An increase of 3% with a $1,140 maxi mum increase for full-time employees of the Executive Branch of State government, effec tive November 1, 1992; 2.) For teachers, public librarians, and other insturctional and support personnel, an increase from $18,541 to $19,097 for the T-4 entrance level, effective September 1, 1992; 3.) For school bus drivers and lunchroom workers, a 3% increase with a $1,140 maximum increase, effective November 1, 1992; 4.) For certified personnel and em ployees of the Department of Technical and Adult Education a 3% increase with a $1,140 maximum increase for non-certificated personnel, effective November 1, 1992; 5.) For Uni versity System employees, a 3% salary increase to be effective November 1, 1992, for aca demic contracted personnel, a 3% salary increase with a $1,140 maximum increase, effective November 1, 1992, for non-academic personnel and fiscal year contracted personnel of the University System and employees of the Athens and Tifton Veterinary Laboratories, the Poultry Veterinary Diagnostic Laboratories, the Cooperative Extension Service and the Ag ricultural Experiment Station; 6.) An increase of 3.0% effective November 1, 1992 for State officials in the Executive Branch whose salary is set by Act 755 (HB 262) of the 1978 Regu lar Session of the Georgia General Assembly, as amended, as authorized in said act, Code Section 45-7-4.

Section 82. TOTAL STATE FUND APPROPRIATIONS State Fiscal Year 1992 ....... .................................... $8,175,000,000
Section 83. This Act shall become effective upon its approval by the governor or upon its becoming law without his approval.
Section 84. All laws and parts of laws in conflict with this Act are repealed.

Senators Dawkins of the 45th, Johnson of the 47th and Gillis of the 20th offered the following amendment:

Amend the substitute to HB 1261 offered by the Senate Committee on Appropriations by removing from the State funds budgeted for the State of Georgia General Obligation Debt Sinking Fund "A" Budget Unit on page 58, line 31, 32 and 33 in Section 44 the figure $741,408 and by decreasing the object classes for the Activity as listed below:

Page Line & Page Line

Object Classes

58 33

St. of Ga. Gen. Obligation Debt

Sinking Fund State Gen. Funds (Issued)

59

State Funds Budgeted______

$ 741,408 $ 741,408;

and by adding to the State funds budgeted for the Student Finance Commission Budget Unit on page 53, line 13 in Section 38 the figure $741,408, and by increasing the object classes for the Administration Activity as listed below:

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Page Line & Page Line

Object Classes

53 26

Tuition Equalization Grants

54 7 54 17 Total Funds Budgeted

54 7 54 17 State Funds Budgeted

$ 741,408 $ 741,408 $ 741,408

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

On the adoption of the substitute, the yeas were 42, nays 1, and the substitute was adopted as amended.

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

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

Those voting in the affirmative were Senators:

Alien Baldwin Bishop Broun of 46th Brown of 26th Burton Coleman Dawkins Dean Echols English Foster Gillis

Hammill Hasty Henson Hooks Huggins Johnson Kidd Langford Marable Moye Perdue Perry Pollard

Ragan of 10th Ramsey Ray Robinson Starr Steinberg Tate Taylor Timmons Turner Tysinger Walker of 22nd Walker of 43rd

Those voting in the negative were Senators:

Albert Clay Collins

Egan Newbill Phillips

Ragan of 32nd White

Those not voting were Senators:

Bowen (excused) Deal (presiding) Edge (excused)

Garner (excused) Harris (excused) Hill (excused)

Scott Shumake Thompson (excused)

On the passage of the bill, the yeas were 39, nays 8.

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

Senator Johnson of the 47th moved that HB 1261 be immediately transmitted to the House.

On the motion, the yeas were 30, nays 0; the motion prevailed, and HB 1261 was imme diately transmitted to the House.

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The following resolution of the Senate was taken up for the purpose of considering the House substitute thereto:
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 House substitute to SR 407 was as follows:
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, and Washington counties, Georgia; to provide an effective date; to repeal conflicting laws; and for other purposes.
WHEREAS, the State of Georgia is the owner of certain real property located in Cal houn, DeKalb, Emanuel, Floyd, Johnson, Monroe, and Washington counties, Georgia; and
WHEREAS, Southern Bell Telephone and Telegraph Company; Georgia Power Com pany; Central Georgia Electric Membership Corporation; the City of Davisboro, Washington County; the City of Wrightsville, Johnson County; and the City of Twin City, Emanuel County, desire to operate and maintain water, utility, telecommunication, or sanitation fa cilities in, on, over, under, upon, across, or through a portion of said property; and
WHEREAS, these water, utility, telecommunication, and sanitation facilities, in, on, over, under, upon, across, or through the above-described state owned property would be for the benefit of the State of Georgia and have been requested and approved by the Board of Human Resources with the respect to property under the jurisdiction and control of the Department of Human Resources, the Board of Public Safety with respect to property under the jurisdiction and control of the Department of Public Safety, and the Board of Corrections with respect to property under the jurisdiction and control of the Department of Corrections.
NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL AS SEMBLY OF GEORGIA:
Article I.
Section 1. That the State of Georgia is the owner of the hereinafter described real prop erty, hereinafter referred to as the "easement areas," and that, in all matters relating to the easement areas, the State of Georgia is acting by and through its State Properties Commission.
Section 2. That the State of Georgia, acting by and through its State Properties Com mission, may grant to Georgia Power Company its successors and assigns a nonexclusive easement for the construction, operation, and maintenance of power lines in, on, over, under, upon, across, or through the easement area for the purpose of constructing, erecting, operating, maintaining, repairing, replacing, and relocating certain power lines at the Cal houn Correctional Institution, together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement area is that property in the 162nd and 163rd Land Lots of the 3rd District of Calhoun County as shown on drawings entitled "Calhoun County Prison Trans mission Loop Line," sheets 1 of 3 and 3 of 3 dated November, 1990, on property in the custody of the Department of Corrections. This drawing indicating the easement area is on file in the office of the State Properties Commission.

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Section 3. That the above-described premises shall be used solely for the purpose of installing, maintaining, repairing, relocating, replacing, inspecting, and operating said power lines.
Section 4. That, after Georgia Power Company has put into use the power lines for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia or its successors and assigns of all the rights, title, privi leges, powers, and easement granted herein. Upon abandonment, Georgia Power Company or its successors and assigns shall have the option of removing its facilities from the ease ment area or leaving the same in place, in which event the facility shall become the property of the State of Georgia or its successors and assigns.
Section 5. That no title shall be conveyed to Georgia Power Company, and, except as herein specifically granted to Georgia Power Company, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to Georgia Power Company.
Section 6. That if the State of Georgia, acting by and through its State Properties Com mission, determines that any or all of the facilities placed on the easement area should be removed or relocated in order to avoid interference with the state's use or intended use of the easement area, Georgia Power Company shall remove or relocate its facilities at its sole cost and expense.
Section 7. That the easement granted to Georgia Power Company shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the descrip tion utilized by the State Properties Commission describes the same easement area herein granted.
Section 8. That the consideration for such easement shall be $10.00 and upon such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.
Section 9. That the grant of easement shall be recorded by the Grantee in the Superior Court of Calhoun County and a recorded copy shall be forwarded to the State Properties Commission.
Section 10. That the authorization in this resolution to grant the above-described ease ment to Georgia Power Company shall expire three years after the date that this resolution becomes effective.
Section 11. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.
ARTICLE II.
Section 12. That the State of Georgia is the owner of the hereinafter described real property, hereinafter referred to as the "easement areas," and that, in all matters relating to the easement areas, the State of Georgia is acting by and through its State Properties Commission.
Section 13. That the State of Georgia, acting by and through its State Properties Com mission, may grant to Georgia Power Company or its successors and assigns a nonexclusive easement for the construction, operation, and maintenance of certain power lines at the Skyland Regional Office Building in, on, over, under, upon, across, or through the easement area for the purpose of constructing, erecting, operating, maintaining, repairing, and replac ing certain power lines, together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement area is that property in the 18th District, Land Lots 236 and 243 of DeKalb County, as shown on a drawing marked Exhibit "A" on that certain revocable license agree ment dated November 15, 1991, listed as real property record number 8147 on property in

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the custody of the Department of Human Resources, which drawings were prepared by Georgia Power Company and on file in the office of the State Properties Commission to be more particularly described on a plat of survey prepared by a Georgia registered land sur veyor and presented to the State Properties Commission for approval.
Section 14. That the above-described premises shall be used solely for the purpose of installing, maintaining, repairing, replacing, inspecting, and operating said certain power lines.
Section 15. That, after Georgia Power Company has put into use the certain power lines for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia or its successors and assigns of all the rights, title, privi leges, powers, and easement granted herein. Upon abandonment, Georgia Power Company or its successors and assigns shall have the option of removing its facilities from the ease ment area or leaving the same in place, in which event the facility shall become the property of the State of Georgia or its successors and assigns.
Section 16. That no title shall be conveyed to Georgia Power Company, and, except as herein specifically granted to Georgia Power Company, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to Georgia Power Company.
Section 17. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated in order to avoid interference with the state's use or intended use of the easement area, Georgia Power Company shall remove or relocate its facilities at its sole cost and expense.
Section 18. That the easement granted to Georgia Power Company shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the descrip tion utilized by the State Properties Commission describes the same easement area herein granted.
Section 19. That the consideration for such easement shall be $10.00 and upon such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.
Section 20. That the grant of easement shall be recorded by the Grantee in the Superior Court of DeKalb County and a recorded copy shall be forwarded to the State Properties Commission.
Section 21. That the authorization in this resolution to grant the above-described ease ment to Georgia Power Company shall expire three years after the date that this resolution becomes effective.
Section 22. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.
ARTICLE III.
Section 23. That the State of Georgia is the owner of the hereinafter described real property, hereinafter referred to as the "easement areas," and that, in all matters relating to the easement areas, the State of Georgia is acting by and through its State Properties Commission.
Section 24. That the State of Georgia, acting by and through its State Properties Com mission, may grant to Georgia Power Company or its successors and assigns a nonexclusive easement for the construction, operation, and maintenance of a power distribution system at the Georgia Retardation Center in, on, over, under, upon, across, or through the easement area for the purpose of upgrading, constructing, erecting, operating, maintaining, repairing,

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and replacing a power distribution system, together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement area is that property in Land Lot 353 of the 6th District of DeKalb County as shown on a drawing marked Exhibit "A" of that certain revocable license agreement dated November 15, 1991, listed as real property record number 8148 on property in the custody of the Department of Human Resources prepared by Georgia Power Company on file in the office of the State Properties Commission, to be more particularly described on a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval.
Section 25. That the above-described premises shall be used solely for the purpose of upgrading, installing, maintaining, repairing, replacing, inspecting, and operating said power distribution system.
Section 26. That, after Georgia Power Company has put into use the power distribution system for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia or its successors and assigns of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, Georgia Power Company or its successors and assigns shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the facility shall become the property of the State of Georgia or its successors and assigns.
Section 27. That no title shall be conveyed to Georgia Power Company, and, except as herein specifically granted to Georgia Power Company, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to Georgia Power Company.
Section 28. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated in order to avoid interference with the state's use or intended use of the easement area, Georgia Power Company shall remove or relocate its facilities at its sole cost and expense.
Section 29. That the easement granted to Georgia Power Company shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the descrip tion utilized by the State Properties Commission describes the same easement area herein granted.
Section 30. That the consideration for such easement shall be $10.00 and upon such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.
Section 31. That the grant of easement shall be recorded by the Grantee in the Superior Court of DeKalb County and a recorded copy shall be forwarded to the State Properties Commission.
Section 32. That the authorization in this resolution to grant the above-described ease ment to Georgia Power Company shall expire three years after the date that this resolution becomes effective.
Section 33. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.
ARTICLE IV.
Section 34. That the State of Georgia is the owner of the hereinafter described real property, hereinafter referred to as the "easement areas," and that, in all matters relating to the easement areas, the State of Georgia is acting by and through its State Properties Commission.

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Section 35. That the State of Georgia, acting by and through its State Properties Com mission, may grant to the City of Twin City or its successors and assigns a nonexclusive easement for the construction, operation, and maintenance of a sanitary sewer line in, on, over, under, upon, across, or through the easement area for the purpose of constructing, erecting, operating, maintaining, repairing, and replacing a sanitary sewer line, together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasona bly necessary to accomplish the aforesaid purposes. Said easement area is that property in 1560th GMD of Emanuel County as shown on a drawing marked "Exhibit A" of that certain revocable license agreement dated July 24, 1991, listed as real property number 8125, on property in the custody of the Department of Corrections on file in the office of the State Properties Commission, to be more particularly described on a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval.
Section 36. That the above-described premises shall be used solely for the purpose of installing, maintaining, repairing, replacing, inspecting, and operating said sanitary sewer service.
Section 37. That, after the City of Twin City has put into use the sanitary sewer line for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia or its successors and assigns of all the rights, title, privi leges, powers, and easement granted herein. Upon abandonment, the City of Twin City or its successors and assigns shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the facility shall become the property of the State of Georgia or its successors and assigns.
Section 38. That no title shall be conveyed to the City of Twin City, and, except as herein specifically granted to the City of Twin City, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to the City of Twin City.
Section 39. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated in order to avoid interference with the state's use or intended use of the easement area, the City of Twin City shall remove or relocate its facilities at its sole cost and expense.
Section 40. That the easement granted to the City of Twin City shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the descrip tion utilized by the State Properties Commission describes the same easement area herein granted.
Section 41. That the consideration for such easement shall be $10.00 and upon such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.
Section 42. That the grant of easement shall be recorded by the Grantee in the Superior Court of Emanuel County and a recorded copy shall be forwarded to the State Properties Commission.
Section 43. That the authorization in this resolution to grant the above-described ease ment to the City of Twin City shall expire three years after the date that this resolution becomes effective.
Section 44. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.
ARTICLE V.
Section 45. That the State of Georgia is the owner of the hereinafter described real

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property, hereinafter referred to as the "easement areas," and that, in all matters relating to the easement areas, the State of Georgia is acting by and through its State Properties Commission.
Section 46. That the State of Georgia, acting by and through its State Properties Com mission, may grant to Southern Bell Telephone and Telegraph Company or its successors and assigns a nonexclusive easement for the construction, operation, and maintenance of a telecommunication switching station in, on, over, under, upon, across, or through the ease ment area for the purpose of constructing, erecting, operating, maintaining, repairing, and replacing a telecommunication switching station, together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accom plish the aforesaid purposes. Said easement area is that property in Land Lot 200 of the 23rd District of Floyd County as shown on a plat entitled "Easement Survey for Southern Bell/Northwest Georgia Regional Hospital" on property in the custody of the Department of Human Resources, which plat was prepared by A. H. Home, Jr., Georgia Registered Land Surveyor No. 1529. This plat indicating the easement area to contain approximately 0.37 of one acre is on file in the office of the State Properties Commission.
Section 47. That the above-described premises shall be used solely for the purpose of installing, maintaining, repairing, replacing, inspecting, and operating said telecommunica tion switching station.
Section 48. That, after Southern Bell Telephone and Telegraph Company has put into use the telecommunication switching station for which this easement is granted, a subse quent abandonment of the use thereof shall cause a reversion to the State of Georgia or its successors and assigns of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, Southern Bell Telephone and Telegraph Company or its suc cessors and assigns shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the facility shall become the property of the State of Georgia or its successors and assigns.
Section 49. That no title shall be conveyed to Southern Bell Telephone and Telegraph Company, and, except as herein specifically granted to Southern Bell Telephone and Tele graph Company, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to Southern Bell Telephone and Telegraph Company.
Section 50. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated in order to avoid interference with the state's use or intended use of the easement area, Southern Bell Telephone and Telegraph Company shall remove or relo cate its facilities at its sole cost and expense.
Section 51. That the easement granted to Southern Bell Telephone and Telegraph Company shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the ease ment area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.
Section 52. That the consideration for such easement shall be $10.00 and upon such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.
Section 53. That the grant of easement shall be recorded by the Grantee in the Superior Court of Floyd County and a recorded copy shall be forwarded to the State Properties Commission.
Section 54. That the authorization in this resolution to grant the above-described ease ment to Southern Bell Telephone and Telegraph Company shall expire three years after the date that this resolution becomes effective.

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Section 55. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.
ARTICLE VI.
Section 56. That the State of Georgia is the owner of the hereinafter described real property, hereinafter referred to as the "easement areas," and that, in all matters relating to the easement areas, the State of Georgia is acting by and through its State Properties Commission.
Section 57. That the State of Georgia, acting by and through its State Properties Com mission, may grant to Central Georgia Electric Membership Corporation or its successors and assigns a nonexclusive easement for the construction, operation, and maintenance of certain power lines in, on, over, under, upon, across, or through the easement area for the purpose of constructing, erecting, operating, maintaining, repairing, and replacing certain power lines, together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said ease ment area is that property in Land Lot 214 of the 6th District of Monroe County as shown on a drawing entitled "Georgia State Patrol Line Relocation" on property in the custody of the Department of Public Safety, which drawing was prepared by Central Georgia Electric Membership Corporation and is on file in the office of the State Properties Commission and will be more particularly described on a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval.
Section 58. That the above-described premises shall be used solely for the purpose of installing, maintaining, repairing, replacing, inspecting, and operating said certain power lines.
Section 59. That, after Central Georgia Electric Membership Corporation has put into use the certain power lines for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia or its successors and assigns of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, Central Georgia Electric Membership Corporation or its successors and assigns shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the facility shall become the property of the State of Georgia or its successors and assigns.
Section 60. That no title shall be conveyed to Central Georgia Electric Membership Corporation, and, except as herein specifically granted to Central Georgia Electric Member ship Corporation, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to Central Georgia Electric Mem bership Corporation.
Section 61. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated in order to avoid interference with the state's use or intended use of the easement area, Central Georgia Electric Membership Corporation shall remove or relo cate its facilities at its sole cost and expense.
Section 62. That the easement granted to Central Georgia Electric Membership Corpo ration shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the ease ment area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.
Section 63. That the consideration for such easement shall be $10.00 and upon such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.
Section 64. That the grant of easement shall be recorded by the Grantee in the Superior

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Court of Monroe County and a recorded copy shall be forwarded to the State Properties Commission.
Section 65. That the authorization in this resolution to grant the above-described ease ment to Central Georgia Electric Membership Corporation shall expire three years after the date that this resolution becomes effective.
Section 66. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.
ARTICLE VII.
Section 67. That the State of Georgia is the owner of the hereinafter described real property, hereinafter referred to as the "easement areas," and that, in all matters relating to the easement areas, the State of Georgia is acting by and through its State Properties Commission.
Section 68. That the State of Georgia, acting by and through its State Properties Com mission, may grant to the City of Wrightsville, Johnson County, or its successors and assigns a nonexclusive easement for the construction, operation, and maintenance of access to water storage facilities in, on, over, under, upon, across, or through the easement area for the purpose of constructing, erecting, operating, maintaining, repairing, and replacing access to water storage facilities, together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement area is that property in the 1201st GMD of Johnson County as shown on a plat entitled "Easement Survey for City of Wrightsville" on property in the custody of the Department of Corrections, which plat was prepared by Michael Y. Windom, Georgia Regis tered Land Surveyor No. 2252. This plat indicating the easement area to contain approxi mately 0.15 of one acre is on file in the office of the State Properties Commission.
Section 69. That the above-described premises shall be used solely for the purpose of installing, maintaining, repairing, replacing, inspecting, and operating said access to water storage facilities.
Section 70. That, after the City of Wrightsville has put into use the access to water storage facilities for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia or its successors and assigns of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, the City of Wrightsville or its successors and assigns shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the facility shall be come the property of the State of Georgia or its successors and assigns.
Section 71. That no title shall be conveyed to the City of Wrightsville, and, except as herein specifically granted to the City of Wrightsville, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to the City of Wrightsville.
Section 72. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated in order to avoid interference with the state's use or intended use of the easement area, the City of Wrightsville shall remove or relocate its facilities at its sole cost and expense.
Section 73. That the easement granted to the City of Wrightsville shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the descrip tion utilized by the State Properties Commission describes the same easement area herein granted.
Section 74. That the consideration for such easement shall be $10.00 and upon such

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further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.
Section 75. That the grant of easement shall be recorded by the Grantee in the Superior Court of Johnson County and a recorded copy shall be forwarded to the State Properties Commission.
Section 76. That the authorization in this resolution to grant the above-described ease ment to the City of Wrightsville shall expire three years after the date that this resolution becomes effective.
Section 77. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.
ARTICLE VIII.
Section 78. That the State of Georgia is the owner of the hereinafter described real property, hereinafter referred to as the "easement areas," and that, in all matters relating to the easement areas, the State of Georgia is acting by and through its State Properties Commission.
Section 79. That the State of Georgia, acting by and through its State Properties Com mission, may grant to the City of Davisboro or its successors and assigns a nonexclusive easement for the construction, operation, and maintenance of a water distribution line and flow meter in, on, over, under, upon, across, or through the easement area for the purpose of constructing, erecting, operating, maintaining, repairing, and replacing a water distribution line and flow meter, together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement area is that property in the 94th GMD of Washington County as shown on a drawing entitled "Town of Davisboro Water Supply Metering Facility for Georgia Dept. of Corrections" in the custody of the Department of Corrections, which drawing was prepared by John B. Lovell, Georgia Registered Professional Engineer No. 2889. This drawing indi cating the easement area is on file in the office of the State Properties Commission.
Section 80. That the above-described premises shall be used solely for the purpose of installing, maintaining, repairing, replacing, inspecting, and operating said water distribu tion line and flow meter.
Section 81. That, after the City of Davisboro has put into use the water distribution line and flow meter for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia or its successors and assigns of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, the City of Davisboro or its successors and assigns shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the facility shall be come the property of the State of Georgia or its successors and assigns.
Section 82. That no title shall be conveyed to the City of Davisboro, and, except as herein specifically granted to the City of Davisboro, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to the City of Davisboro.
Section 83. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated in order to avoid interference with the state's use or intended use of the easement area, the City of Davisboro shall remove or relocate its facilities at its sole cost and expense.
Section 84. That the easement granted to the City of Davisboro shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is

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authorized to use a more accurate description of the easement area, so long as the descrip tion utilized by the State Properties Commission describes the same easement area herein granted.
Section 85. That the consideration for such easement shall be $10.00 and upon such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.
Section 86. That the grant of easement shall be recorded by the Grantee in the Superior Court of Washington County and a recorded copy shall be forwarded to the State Properties Commission.
Section 87. That the authorization in this resolution to grant the above-described ease ment to the City of Davisboro shall expire three years after the date that this resolution becomes effective.
Section 88. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.
ARTICLE IX.
Section 89. That this resolution shall become effective upon its approval by the Gover nor or upon its becoming law without such approval.
Section 90. That all laws and parts of laws in conflict with this resolution are repealed.

Senator Start of the 44th moved that the Senate agree to the House substitute to SR 407.

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

Those voting in the affirmative were Senators:

Albert Alien Baldwin Bishop Brown of 26th Burton Clay Coleman Collins Dawkins Dean Echols

Egan English Hammill Hasty Henson Hooks Huggins Johnson Kidd Langford Marable Moye

Newbill Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray Robinson Starr Tate Taylor

Those voting in the negative were Senators:

Timmons Turner Tysinger

Walker of 22nd Walker of 43rd

White

Those not voting were Senators:

Bowen (excused) Broun of 46th Deal (presiding) Edge (excused)
Foster

Garner (excused) Gillis Harris (excused) Hill (excused)
Ramsey

Scott Shumake
Stemberg Thompson (excused)

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On the motion, the yeas were 42, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SR 407.

Senator Gillis of the 20th assumed the Chair.

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

HB 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.
Senate Sponsor: Senator Deal of the 49th.

The Senate Committee on Judiciary offered the following amendment:

Amend HB 1549 by adding on line 1 of page 19 between the comma and the word "and" the following:
"the Children and Youth Coordinating Council,".
By striking from line 9 of page 36 the word "and".
By striking the period from the end of line 13 of page 36 and inserting in lieu thereof the following:
"; and".
By adding between lines 13 and 14 on page 36 the following:
"(3) Provide casework services and care or payment of maintenance costs for children and youths who have run away from their home communities within this state, or from their home communities in this state to another state, or from their home communities in another state to this state; pay the costs of returning such runaway children and youths to their home communities; and provide such services, care, or costs for runaway children and youths as may be required under Chapter 3 of Title 39."

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

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

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

Those voting in the affirmative were Senators:

Albert Alien Baldwin Bishop Broun of 46th Brown of 26th Burton Clay Coleman Collins

Dawkins Deal Dean Echols Egan English Foster Hammill Hasty Henson

Hooks Huggins Johnson Kidd Langford Marable Moye Newbill Perdue Perry

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Phillips Pollard RRaaggaann ooff 3120nthd
Ramsey
Ray

Robinson Starr S0 t, em. b, er^
Tate
Timmons

Turner Tysinger tW, ral,,ker f,. 2,,,2,nd,
Walker of 43rd
White

Those not voting were Senators:

Bowen (excused) Edge (excused) Garner (excused) Gillis (presiding)

Harris (excused) Hill (excused) Scott

Shumake Taylor Thompson (excused)

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 Deal of the 49th, President Pro Tempore, resumed the Chair.

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.
Senate Sponsors: Senators Edge of the 28th and Deal of the 49th.

The Senate Committee on Special Judiciary offered the following substitute to HB 1706:

A BILL
To be entitled an Act 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 provisions relating to when bond forfeiture occurs; to change the provisions relating to an execution hearing on failure of the principal to appear; to change the provisions relating to service of notice of the execution hearing; to change certain time limits; to provide for the filing of writs of fieri facias; to provide for applicability; to change the provisions relating to condi tions not warranting a forfeiture of bond for failure to appear; to change the provisions relating to remission of forfeitures; to change the practices and procedures relating to forfei ture of bonds or recognizances; to repeal certain notice requirements; to provide for other matters related thereto; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 6 of Title 17 of the Official Code of Georgia Annotated, relating to bonds and recognizances, is amended by striking in its entirety Code Section 17-6-31, relat ing to the surrender of the principal by the surety, and inserting the following:
"17-6-31. (a) When the court is not in session, a surety on a bond may surrender the surety's principal to the sheriff or to the responsible law enforcement officer of the jurisdic tion in which the case is pending in order to be released from liability.
(b) When the court is in session, a surety on a bond may surrender the surety's princi pal in open court.
(c) and the The principal shall also be considered surrendered by plea of guilty or nolo contendere to the court or if the principal is present in person when the jury or judge, if

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tried without a jury, finds the principal guilty or if the judge dead dockets the case prior to entry of judgment and, upon such plea or finding of guilty or dead docketing, the surety shall be released from liability. If the principal docs not appear by the end of the day on which the principal was bound to appear, the bond shall be forfeited. The death of the principal shall be equivalent to a surrender.
(d) Furthermore, the surety shall be released from liability if there is:
(1) A deferred sentence;
(2) A presentence investigation;
(3) A court ordered pretrial intervention program;
(4) A court ordered educational and rehabilitation program;
(5) A fine;
(6) A dead docket; or
(7) Death of the principal.
(e) If the prosecuting attorney does not try the charges against a defendant within a period of two years in the case of felonies and one year in the case of misdemeanors after the date of posting bond, then judgment rendered after such period may not be enforced against the surety on the bond and the surety shall thereafter be relieved of liability on the bond. This subsection shall not apply where the prosecuting attorney's failure to try the charges is due to the fault of the principal.
(f) No judgment shall be rendered on any appearance bond if it is shown to the satisfac tion 7)f the court that the surety was prevented from returning the principal to the jurisdic tion because such principal was on active military duty."
Section 2. Said chapter is further amended by striking in its entirety subsection (a) of Code Section 17-6-70, relating to when bond forfeiture occurs, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) A bond forfeiture occurs immediately at the end of the court day upon the failure of appearance of a principal of any bond or recognizance given for the appearance of that person."
Section 3. Said chapter is further amended by striking in its entirety Code Section 17-671. relating to an execution hearing on failure of the principal to appear, and inserting in lieu thereof a new Code Section 17-6-71 to read as follows:
"17-6-71. (a) The judge shall, at the end of the court day, upon the failure of the princi pal to appear, forfeit the bond and order an execution hearing not sooner than 90 120 days but not later than 150 days after such failure to appear. Notice of the execution hearing shall be served within ten days of such failure to appear by certified mail to the surety at the address listed on the bond or by personal service to the surety within ten days of such failure to appear at its home office or to its designated registered agent. Service shall be considered complete upon the mailing of such certified notice.
(b) If at the execution hearing it is determined that judgment should be entered, the judge shall so order and a writ of fieri facias shall be filed in the office of the clerk of the court where such judgment is entered. The provisions of this subsection shall apply to all bail bonds, whether returnable to superior court, state court, probate court, magistrate court, or municipal court."
Section 4. Said chapter is further amended by striking in its entirety Code Section 17-672. relating to conditions not warranting forfeiture of a bond for failure to appear and re mission of forfeiture, and inserting in lieu thereof a new Code Section 17-6-72 to read as follows:
"17-6-72. (a) No judgment shall be rendered on a forfeiture of any appearance bond if it

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is shown to the satisfaction of the court by the written and witnessed statement of a li censed physician that the principal on the bond was prevented from attending by some mental or physical disability.
(b) No judgment shall be rendered on a forfeiture of any appearance bond if it is shown to the satisfaction of the court that the principal on the bond was prevented from attending because he or she was detained by reason of arrest, sentence, or confinement in a penal institution or jail in the State of Georgia, or so detained in another jurisdiction, or because he or she was involuntarily confined or detained pursuant to court order in a mental institu tion in the State of Georgia or in another jurisdiction. An official written and witnessed notice of the holding institution in which the principal is being detained or confined shall be considered adequate proof of the principal's detention or confinement and such notice may be sent from the holding institution by mail or delivered by hand or by facsimile machine. Upon the presentation of such written notice to the clerk of the proper court and the prosecutor prosecuting attorney having jurisdiction over the case, along with the payment tender of costs by the surety to the sheriff or other law enforcement officer necessary for the return of the principal, such notice shall serve as the surety's request for a detainer to be placed on the principal. Should there be a failure to place a detainer within 30 days, Satur days, Sundays, and legal holidays included, after such presentation and payment tender of costs, the surety shall then be relieved of liability for the appearance bond.
(c) If the prosecution does not try the charges against a defendant within a period of two years in the case of felonies and one year in the ease of misdemeanors after the date of posting bond, judgment rendered after such period may not be enforced against the surety on the bond and the surety shall thereafter be relieved of liability on the bond. This provi sion ahall not apply where the prosecution's failure to try the chargca ia due to the fault of the principal.
(d) (c) No judgment shall be rendered on a forfeiture of any appearance bond if it is shown to~the satisfaction of the court that prior to the entry of the judgment on the forfei ture the principal on the bond is in the custody of the sheriff or other responsible law en forcement agency. An official A written notice of the sheriff or other responsible law enforce ment officer having custody or detention of the principal shall be considered adequate proof of such custody or detention. Except in cases where the principal on the bond is in the custody of the sheriff or other responsible law enforcement agency of the jurisdiction in which forfeiture proceedings were commenced pursuant to Code Section 17-6-70, presenta tion of such official written notice to the court clerk and the prosecutor prosecuting attorney having jurisdiction of the case along with payment tender of the estimated cost necessary to return the principal shall act as a request that a detainer be placed against the principal. Upon the sheriff or other officer of the jurisdiction where the case is pending assuming cus tody of the principal, the surety shall be relieved of the bond obligation. Should the state fail to place a detainer within 30 days, Saturdays, Sundays, and legal holidays included, and after presentation and the payment tender of the estimated cost necessary to return the principal, the surety shall be relieved of the bond obligation.
(c) No judgment shall be rendered on any appearance bond if it io ohown to the satis faction of the court that the surety was prevented from returning the principal to the juris diction because such principal was on active military duty.
{} (d) In cases in which paragraph (3) of this subsection is not applicable, on applica tion filecTwithin 99 120 days from the payment of judgment, the court shall order remission under the following conditions:
(1) Provided the bond amount has been paid at any time within 90 120 days after judg ment and the delay has not prevented the proper prosecution of the principal, upon applica tion to the court with prior notice to the prosecutor prosecuting attorney of such applica tion, said court shall direct remission of 95 percent of the bond amount remitted to the surety if the surety locates the principal causing the return of the principal to the jurisdic tion where the bond was made, apprehends, surrenders, or produces the principal, if the

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apprehension or surrender of the principal was substantially procured or caused by the surety, or if the location of the principal by the surety causes the adjudication of the princi pal in the jurisdiction in which the bond was made. Should the surety, within two years of the failure to appear, locate the principal causing the return of the principal to the jurisdic tion where the bond was made, apprehend, surrender, produce, or substantially cause the apprehension or surrender of the principal, or if the location of the principal by the surety causes the adjudication of the principal in the jurisdiction where the bond was made the surety shall be entitled to a refund of 50 percent of the bond payment. The application for 50 percent remission shall be filed no later than 30 days following the expiration of the twoyear period following the date of judgment;
(2) Remission shall be granted on the upon condition of the payment of court costs and of the expenses of returning the principal to the jurisdiction by the surety; tmd- or
(3) If, within 96 120 days after judgment, the surety surrenders the principal to the sheriff, the surety shall only be required to pay costs and 5 percent of the face amount of the bond. If it is shown to the satisfaction of the court, by the presentation of competent evidence from the sheriff, that said surrender has been made and that 5 percent of the bond amount and all costs have been tendered to the sheriff, the court shall be authorized to direct that the judgment be marked satisfied and that the writ of execution (fi. fa.) be etatccllcd canceled."
Section 5. All laws and parts of laws in conflict with this Act are repealed.
Senators Edge of the 28th and Dawkins of the 45th offered the following amendment:
Amend the substitute to HB 1706 offered by the Senate Committee on Special Judici ary by inserting on line 17 of page 2 between the words "if and "there" the following:
", prior to entry of judgment,".
By striking the word and symbol "sheriff," on line 28 of page 7 and inserting the following:
"sheriff or responsible law enforcement officer, or said surrender has been denied by the sheriff or responsible law enforcement officer, or surety locates the principal in custody in another jurisdiction,".
By striking the word and symbol "sheriff," on line 33 of page 7 and inserting the following:
"sheriff or the holding institution, that said surrender has been made or denied or that the principal is in custody in another jurisdiction or".
On the adoption of the amendment, the yeas were 33, nays 0, and the amendment was adopted.
On the adoption of the substitute, the yeas were 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.
Senator Moye of the 34th moved that she be excused from voting on HB 1706, pursuant to Senate Rule 175.
On the motion, the yeas were 29, nays 0; the motion prevailed, and Senator Moye of the 34th was excused from voting on HB 1706.
On the passage of the bill, a roll call was taken, and the vote was as follows:

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Those voting in the affirmative were Senators:

Albert Alien Baldwin Bishop Broun of 46th Brown of 26th B urton Clay CCoollleimnsan
Dawkins
Dean
Echols Edge
Egan
English

Foster Gillis Hammill Hasty Henson Hill Hooks Huggms JKoihdndson
Marable
Newbill
Perdue Perry
Phillips
Pollard

Those not voting were Senators:

Bowen (excused) Deal (presiding) Garner (excused)

Harris (excused) Langford Moye (excused)

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

On the passage of the bill, the yeas were 47, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.
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.
Senate Sponsor: Senator Hooks of the 14th.
The Senate Committee on Transportation offered the following substitute to HB 1106:
A BILL
To be entitled an Act 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 definitions; to provide for creation of the authority; to provide for appointment and compensation of mem bers and employees of the authority; to provide for a quorum; to provide for filling of vacan cies; to provide for legal services; to provide for disclosure of conflicts of interest; to provide books and records; to provide for powers of the authority; to provide for the issuance of revenue bonds; to provide for validation of such bonds; to provide for disposition of the proceeds of such bonds; to provide for issuance of bond anticipation notes or other obliga tions; to provide for the form and signing of such bonds; to provide that the development of certain air transportation projects is a public purpose; to provide for construction; to pro vide that the authority may not obligate the credit of the state or any political subdivision; to provide that creation of the authority and performance of its purposes is a governmental function; to provide for exemption from state taxes for all property of the authority; to provide for exemption from state taxes for all bondholders; to provide for the police powers

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of the authority; to provide for effect on other laws; to provide for venue and jurisdiction; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 6 of the Official Code of Georgia Annotated, relating to aviation, is amended by adding a new Chapter 4 to read as follows:
"CHAPTER 4
6-4-1. This chapter shall be known and may be cited as the 'Georgia Airport Develop ment Authority Law.'
6-4-2. There is created the Georgia Airport Development Authority for the purposes of determination of location, construction, financing, acquisition of property, operation, and development of any new airports that are planned to accommodate aircraft operating under the provisions of 14 C.F.R. Part 121 within and outside the State of Georgia.
6-4-3. As used in this chapter, the term:
(1) 'Authority' means the Georgia Airport Development Authority.
(2) 'Cost of the project' or 'cost of any project" means and shall include: all costs of acquisition, by purchase or otherwise, construction, assembly, installation, or the subsequent modification, renovation, or rehabilitation incurred in connection with any project or any part of any project; the cost of all lands, properties, rights, easements, fees, franchises, per mits, approvals, licenses, and certifications acquired; the cost of all machinery and equip ment necessary for the operation of the project; financing charges; interest prior to and during construction and for such period of time after completion of construction as shall be deemed necessary to allow the earnings of the project to become sufficient to meet the re quirements of the bond issue; the cost of engineering, legal expenses, plans and specifica tions, and other expenses necessary or incident to determining the feasibility or practicabil ity of the project; administrative expenses; and such other expenses as may be necessary or incident to the financing authorized in this chapter; the construction of any project, and the placing of same in operation. Any obligation or expense incurred for any of the foregoing purposes shall be regarded as a part of the cost of the project and may be paid or reim bursed as such out of the proceeds of revenue bonds issued for such project under this chapter.
(3) 'Governing body' means the elected or duly appointed officials constituting the gov erning authority of the State of Georgia.
(4) 'Project' means the construction, installation, operation, or lease of any new airports in the state that are planned to be certificated under 14 C.F.R. Part 139 or any appurte nance thereto or the subsequent renovation or rehabilitation of such facility. A project may also include any fixtures, machinery, or equipment used on or in connection with any air port facilities.
(5) 'Revenue bonds' and 'bonds' means any bonds of the authority which are authorized to be issued under the Constitution and laws of the State of Georgia, including refunding bonds but not including notes or other obligations of an authority.
(6) 'Self-liquidating' means that, in the judgment of the authority, the revenues and earnings to be derived by the authority from any project or combination of projects, to gether with any maintenance, repair, operational services, funds, rights of way, engineering services, and any other in-kind services to be received by the authority from appropriations of the General Assembly, other state agencies or authorities, the United States government, or any county or municipality shall be sufficient to provide for the maintenance, repair, and operation and to pay the principal and interest of revenue bonds which may be issued for the cost of such project, projects, or combination of projects.
(7) 'Service area' means the geographical area of operations of the authority and shall

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consist of the State of Georgia and, with the consent of the appropriate governing authori ties thereof, nearby states.
6-4-4. The Georgia Airport Development Authority shall continue to be a body corpo rate and politic and an instrumentality and public corporation of the state known as the 'Georgia Airport Development Authority.' It shall have perpetual existence. In said name it may contract and be contracted with, sue and be sued, implead and be impleaded, and complain and defend in all courts of this state, subject to the limitations of Code Section 64-15.
6-4-5. (a) The authority shall consist of eight members as follows:
(1) Five members to be appointed by the Governor, at least three of whom shall have expertise in the field of aviation;
(2) One member to be appointed by the Speaker of the House of Representatives, who shall not be a member of the General Assembly;
(3) One member to be appointed by the President of the Senate, who shall not be a member of the General Assembly; and
(4) The commissioner of transportation, who shall serve as chairman.
Two members appointed by the Governor and the members appointed by the Speaker of the House of Representatives and the President of the Senate shall serve for initial terms of two years and until their successors are appointed and qualified. The remaining members appointed by the Governor shall serve for initial terms of four years and until their succes sors are appointed and qualified. Thereafter, all members shall serve for terms of four years and until their successors are appointed and qualified. Any vacancy among the members so appointed, whether caused by expiration of term, death, resignation, or otherwise, shall be filled in the same manner as the membership position so vacated was last regularly filled. When the vacancy occurs other than by expiration of term, it shall be filled for the unexpired term and until a successor is appointed and qualified.
(b) The authority shall elect a secretary and a treasurer, who need not necessarily be members of the authority. A majority of the members of the authority shall constitute a quorum necessary for the transaction 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 to the authority by this chapter. The chairman shall vote only in the event of a tie.
(c) No vacancy on the authority shall impair the right of the quorum to transact any and all business as stated in this Code section. If any member of the authority has any pecuniary interest in a project, the fact of such interest shall be disclosed by such member and recorded in the minutes of the authority. The member shall abstain from urging the approval of or voting on any project in which the member has a pecuniary interest.
(d) The members of the authority shall receive no compensation for their services but all members shall be entitled to the expense allowance and travel cost reimbursement pro vided for members of certain boards and commissions pursuant to Code Section 45-7-21 while in the performance of their duties. Employees of the authority shall receive reasonable compensation for their services, the amount to be determined by the members of the authority.
(e) The Attorney General shall provide legal services for the authority. In connection therewith, Code Sections 45-15-13 through 45-15-16 shall be fully applicable.
6-4-6. (a) The members of the authority shall be accountable in all respects as trustees.
(b) Every member of the authority and every employee of the authority who knowingly has any interest, direct or indirect, in any contract to which the authority is or is about to become a party, or in any other business of the authority, or in any firm or corporation doing business with the authority, shall make full disclosure of such interest to the author ity. Failure to disclose such an interest shall constitute cause for which an authority member

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may be removed or an employee discharged or otherwise disciplined at the discretion of the authority.
(c) Provisions of Article 1 of Chapter 10 of Title 16 and Code Sections 16-10-21 and 1610-22, regulating the conduct of officers, employees, and agents of political subdivisions, municipal and other public corporations, and other public organizations, shall be applicable to the conduct of members, officers, employees, and agents of the authority.
(d) Any contract or transaction of the authority involving a conflict of interest not dis closed under subsection (b) of this Code section, or involving a violation of Article 1 of Chapter 10 of Title 16 and Code Sections 16-10-21, and 16-10-22, or involving a violation of any other provision of law regulating conflicts of interest which is applicable to the author ity or its members, officers, or employees shall be voidable by the authority.
(e) The authority shall keep suitable and proper books and records of all receipts, in come, and expenditures of every kind and shall submit for inspection all of such books, together with a proper statement of the authority's financial position, on or about December 31 of each year, to the state auditor.
6-4-7. The authority shall have all of the powers necessary, proper, or convenient to carry out and effectuate the purposes and provisions of this chapter. The powers enumer ated in this Code section are cumulative of and in addition to each other and other powers granted elsewhere in this chapter and no such power limits or restricts any other power of the authority. Without limiting the generality of the foregoing, the powers of the authority shall include the powers:
(1) To bring and defend actions;
(2) To adopt and amend a corporate seal;
(3) To make and execute contracts, agreements, and other instruments necessary, proper, or convenient to exercise the powers of the authority and to further the public pur pose for which the authority is created, including, but not limited to, contracts for construc tion of projects, leases of projects, operation of projects, sale of projects, agreements for loans to finance projects, and contracts with respect to the use of projects, including negoti ated contracts with air carriers for the use of projects;
(4) To plan, survey, subdivide, improve, administer, construct, erect, acquire, own, re pair, remodel, maintain, add to, extend, improve, equip, operate, and manage projects, as defined in Code Section 6-4-3, to be located on property owned or leased by the authority; the cost of any such project shall be paid from its income, from any grant from the United States government or any agency or instrumentality thereof, or from any grant from this state;
(5) In connection with any project, to acquire by purchase, lease, condemnation, or oth erwise and to hold, lease, and dispose of real and personal property of every kind and char acter or any interest therein in furtherance of its corporate purposes;
(6) In connection with any project, to acquire in its own name by purchase, on such terms and conditions and in such manner as it may deem proper or by condemnation in accordance with any and all existing laws applicable to the condemnation of property for public use, real property or rights or easements therein or franchises necessary or conven ient for its corporate purposes; and to use the same so long as its corporate existence shall continue and to lease or make contracts with respect to the use of or to dispose of the same in any manner it deems to the best advantage of the authority, the authority being under no obligation to accept and pay for any property condemned under this chapter or under Code Section 6-2-20 except from the funds provided under the authority of this chapter; and, in any proceedings to condemn, such order may be made by the court having jurisdiction of the action or proceedings as may be just to the authority and to the owners of the property to be condemned; and no property shall be acquired under this chapter upon which any lien or other encumbrance exists unless at the time such property is so acquired a sufficient sum of money be deposited in trust to pay and redeem such lien or encumbrance in full;

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(7) To adopt regulations and fix, alter, charge, negotiate, and collect fares, rates, fees, tolls, and other charges for the use of such projects; fix penalties for the violation of said regulations; and establish liens to enforce payment of said charges, fees, and tolls, subject to existing contracts; to make such contracts, leases, or conveyances as the legitimate and nec essary purposes of this chapter shall require, including, but not limited to, contracts with private parties for the operation or lease or assignment to private parties for operation, space, area, improvements, and equipment on such projects, provided in each case that in so doing the public is not deprived of its rightful, equal, and uniform use thereof;
(8) To finance, by loan, grant, lease, or otherwise, and to construct, erect, assemble, purchase, acquire, own, repair, remodel, renovate, rehabilitate, modify, maintain, extend, improve, install, sell, equip, expand, add to, operate, or manage projects and to pay the cost of any project from the proceeds of revenue bonds, notes, or other obligations of the author ity or any other funds of the authority or from any contributions or loans by persons, corpo rations, partnerships, limited or general, or other entities, all of which the authority is em powered to receive, accept, and use;
(9) To borrow money to further or to carry out its public purpose and to execute reve nue bonds, notes, other obligations, leases, trust indentures, trust agreements, agreements for the sale of its revenue bonds, notes, or other obligations, loan agreements, mortgages, deeds to secure debt, trust deeds, security agreements, assignments, and such other agree ments or instruments as may be necessary or desirable, in the judgment of the authority, to evidence and to provide security for such borrowing;
(10) To accept loans and grants, either or both, of money, materials, or property of any kind from the United States government or the State of Georgia or any political subdivision, authority, agency, or instrumentality of either of them, upon such terms and conditions as the United States government or the State of Georgia or such political subdivision, author ity, agency, or instrumentality of either of them shall impose;
(11) To hold, use, administer, and expend such sum or sums as may hereafter be re ceived as income or gifts or as may be appropriated by authority of the General Assembly for any of the purposes of the authority;
(12) To issue revenue bonds, notes, or other obligations of the authority and use the proceeds thereof for the purpose of paying or loaning the proceeds thereof to pay all or any part of the cost of any project and otherwise to further or carry out the public purpose of the authority and to pay all costs of the authority incident to, or necessary and appropriate to, furthering or carrying out such purpose;
(13) To make application directly or indirectly to any federal, state, county, or munici pal government or agency or to any other source, public or private, for loans, grants, guaran tees, or other financial assistance in furtherance of the authority's public purposes and to accept and use the same upon such terms and conditions as are prescribed by such federal, state, county, or municipal government or agency or other source;
(14) To enter into agreements with the federal government or any agency or corporation thereof to use the facilities of the federal government or agency or corporation thereof in order to further or carry out the public purposes of the authority;
(15) To extend credit or make loans to any person, corporation, partnership, limited or general, or other entity for the costs of any project, which credit or loans may be evidenced or secured by loan agreements, notes, mortgages, deeds to secure debt, trust deeds, security agreements, assignments, or other instruments or by rentals, revenues, fees, or charges, upon such terms and conditions as the authority shall determine to be reasonable in connection with such extension of credit or loans, including provision for the establishment and mainte nance of reserve funds, and, in the exercise of powers granted in connection with any pro ject, the authority shall have the right and power to require the inclusion in any such loan agreement, note, mortgage, deed to secure debt, trust deed, security agreement, assignment, or other instrument of such provisions or requirements for guarantee of any obligations,

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insurance, construction, use, operation, maintenance, and financing of a project and such other terms and conditions as the authority may deem necessary or desirable;
(16) As security for repayment of any revenue bonds, notes, or other obligations of the authority, to pledge, mortgage, convey, assign, hypothecate, or otherwise encumber any property of the authority, including, but not limited to, real property, fixtures, personal property, and revenues or other funds; and to execute any lease, trust indenture, trust agreement, agreement for the sale of the authority's revenue bonds, notes, or other obliga tions, loan agreement, mortgage, deed to secure debt, trust deed, security agreement, assign ment, or other agreement or instrument as may be necessary or desirable in the judgment of the authority to secure any such revenue bonds, notes, or other obligations, which instru ments or agreements may provide for foreclosure or forced sale of any property of the au thority upon default in any obligation of the authority, either in payment of principal, pre mium, if any, or interest or in the performance of any term or condition contained in any such agreement or instrument. The State of Georgia on behalf of itself and each county, municipal corporation, political subdivision, or taxing district therein waives any right the state or such county, municipal corporation, political subdivision, or taxing jurisdiction may have to prevent the forced sale or foreclosure of any property of the authority upon such default and agrees that any agreement or instrument encumbering such property may be foreclosed in accordance with law and terms thereof;
(17) To receive and use the proceeds of any tax levied by the State of Georgia or any county or municipality thereof to pay the costs of any project or for any other purpose for which the authority may use its own funds pursuant to this chapter;
(18) To receive and administer gifts, grants, and devises of money and property of any kind and to administer trusts;
(19) To use any real property, personal property, or fixtures or any interest therein; to rent or lease such property to or from others or make contracts with respect to the use thereof; or to sell, lease, exchange, transfer, assign, pledge, or otherwise dispose of or grant options for any such property in any manner as it deems to be to the best advantage of the authority and the public purpose thereof;
(20) To acquire, accept, or retain equitable interests, security interests, or other inter ests in any real property, personal property, or fixtures by loan agreement, note, mortgage, deed to secure debt, trust deed, security agreement, assignment, pledge, conveyance, con tract, lien, loan agreement, or other consensual transfer in order to secure the repayment of any moneys loaned or credit extended by the authority;
(21) To appoint, select, and employ officers, agents, and employees, including engineers, surveyors, architects, urban or city planners, construction experts, fiscal agents, attorneys, and others and to fix their compensation and pay their expenses;
(22) To make, contract for, or otherwise cause to be made long-range plans or proposals for projects authorized in Code Section 6-4-2 within the service area, in cooperation with those political subdivisions within which such projects are located or are proposed to be located;
(23) By or through its authorized agents or employees, to enter upon any lands, waters, and premises in the state for the purpose of making surveys, soundings, drillings, and exam inations as the authority may deem necessary or convenient for the purposes of this chapter; and such entry shall not be deemed a trespass. The authority shall, however, make reim bursement for any actual damages resulting from such activities;
(24) To make reasonable regulations for installation, construction, maintenance, repairs, renewal, and relocation of pipes, mains, conduits, cables, wires, towers, poles, and other equipment and appliances of any public utility in, on, along, over, or under any project;
(25) To exercise any power granted by laws of the State of Georgia to public or private corporations which is not in conflict with the Constitution and laws of Georgia; and

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(26) To do all things necessary, proper, or convenient to carry out the powers conferred by this chapter, including the adoption of rules and regulations.
6-4-8. Revenue bonds, notes, or other obligations issued by an authority shall be paid solely from the property, including, but not limited to, real property, fixtures, personal property, revenues, or other funds pledged, mortgaged, conveyed, assigned, hypothecated, or otherwise encumbered to secure or to pay such bonds, notes, or other obligations. All reve nue bonds, notes, and other obligations shall be authorized by resolution of the authority, adopted by a majority vote of the members of the authority at a regular or special meeting. Such revenue bonds, notes, or other obligations shall bear such date or dates, shall mature at such time or times not more than 40 years from their respective dates, shall bear interest at such rate or rates, which may be fixed or may fluctuate or otherwise change from time to time, shall be subject to redemption on such terms, and shall contain such other terms, provisions, covenants, assignments, and conditions as the resolution authorizing the issuance of such bonds, notes, or other obligations may permit or provide. The terms, provisions, covenants, assignments, and conditions contained in or provided or permitted by any resolu tion of the authority authorizing the issuance of such revenue bonds, notes, or other obliga tions shall bind the members of the authority then in office and their successors. The au thority shall have the-power from time to time and whenever it deems refunding expedient to refund any bonds by the issuance of new bonds, whether the bonds to be refunded have or have not matured, and may issue partly to refund bonds then outstanding and partly for any other purpose permitted under this chapter. The refunding bonds may be exchanged for the bonds to be refunded with such cash adjustments as may be agreed upon or may be sold and the proceeds applied to the purchase or redemption of the bonds to be refunded. There shall be no limitation upon the amount of revenue bonds, notes, or other obligations which the authority may issue. Any limitations with respect to interest rates or any maximum interest rate or rates found in the usury laws of the State of Georgia, or any other laws of the State of Georgia, shall not apply to revenue bonds, notes, or other obligations of the authority.
6-4-9. (a) Subject to the limitations and procedures provided by this Code section, the agreements or instruments executed by the authority may contain such provisions not in consistent with law as shall be determined by the members of the authority.
(b) The proceeds derived from the sale of all bonds, notes, and other obligations issued by the authority shall be held and used for the ultimate purpose of paying, directly or indi rectly as permitted in this chapter, all or part of the cost of any project or for the purpose of refunding any bonds, notes, or other obligations issued in accordance with the provisions of this chapter.
(c) Issuance by the authority of one or more series of bonds, notes, or other obligations for one or more purposes shall not preclude it from issuing other bonds, notes, or other obligations in connection with the same project or with any other projects, but the proceed ing wherein any subsequent bonds, notes, or other obligations shall be issued shall recognize and protect any prior loan agreement, mortgage, deed to secure debt, trust deed, security agreement, or other agreement or instrument made for any prior issue of bonds, notes, or other obligations unless in the resolution authorizing such prior issue the right is expressly reserved to the authority to issue subsequent bonds, notes, or other obligations on a parity with such prior issue.
(d) The authority shall have the power and is authorized, whenever bonds of the au thority shall have been validated as provided in this chapter, to issue from time to time its notes in anticipation of such bonds as validated and to renew from time to time any such notes by the issuance of new notes, whether the notes to be renewed have or have not ma tured. The authority may issue such bond anticipation notes only to provide funds which otherwise would be provided by the issuance of the bonds as validated. Such notes may be authorized, sold, executed, and delivered in the same manner as bonds. As with its bonds, the authority may sell such notes at public or private sale. Any resolution or resolutions authorizing notes of the authority or any issue thereof may contain any provisions which the

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authority is authorized to include in any resolution or resolutions authorizing bonds of the authority or any issue thereof and which the authority is authorized to include in any bonds. Validations of such bonds shall be a condition precedent to the issuance of such notes, but it shall not be required that such notes be judicially validated. Bond anticipation notes shall not be issued in an amount exceeding the par value of the bonds in anticipation of which they are to be issued.
(e) All bonds issued by the authority under this chapter shall be issued and validated under and in accordance with Article 3 of Chapter 82 of Title 36, the 'Revenue Bond Law,' as heretofore and hereafter amended, except as provided in this chapter, provided that notes and other obligations of the authority may be, but shall not be required to be, so validated.
(f) The authority shall determine the form of the bonds, including any interest coupons to be attached thereto, and shall fix the denomination or denominations of the bonds and the place or places of payment of principal and interest thereof, which may be at any bank or trust company within or outside the state. The bonds may be issued in coupon or regis tered form or both, as the authority may determine, and provision may be made for the registration of any coupon bond as to principal alone and also as to both principal and interest.
(g) All bonds shall be signed by the chairman of the authority, and the official seal of the authority shall be affixed thereto and attested by the secretary of the authority, and any coupons attached thereto shall bear the signature or facsimile signature of the chairman of the authority. Any coupon may bear the facsimile signature of such person, and any bond may be signed, sealed, and attested on behalf of the authority by such person as at the actual time of the execution of such bonds shall be duly authorized to hold the proper office although at the date of such bonds such person may not have been so authorized or shall not have held such office. In case any officer whose signature shall appear on any bonds or whose facsimile signature shall appear on any coupon shall cease to be such officer before the delivery of such bonds, such signature shall nevertheless be valid and sufficient for all purposes the same as if such officer had remained in office until such delivery.
(h) In lieu of specifying the rate or rates of interest which bonds to be issued by the authority are to bear, the notice to the district attorney or the Attorney General, the notice to the public of the time, place, and date of the validation hearing, and the petition and complaint for validation may state that the bonds when issued will bear interest at a rate not exceeding a maximum per annum rate of interest, which may be fixed or may fluctuate or otherwise change from time to time, specified in such notices and petition and complaint or that, in the event the bonds are to bear different rates of interest for different maturity dates, that none of such rates will exceed the maximum rate which may be fixed or may fluctuate or otherwise change from time to time so specified; provided, however, that noth ing contained in this subsection shall be construed as prohibiting or restricting the right of the authority to sell such bonds at a discount, even if in so doing the effective interest cost resulting therefrom would exceed the maximum per annum interest rates specified in such notices and in the petition and complaint.
(i) The authority may also provide for the replacement of any bond which becomes mutilated or which is destroyed or lost.
(j) The issuance of any bond, revenue bond, note, or other obligation or the incurring of any debt by the authority must, prior to such occurrence, be approved by the Georgia State Financing and Investment Commission established by Article VII, Section IV, Paragraph VII of the Constitution of the State of Georgia of 1983 or its successor.
6-4-10. The implementation of new air transportation projects that are planned to ac commodate 14 C.F.R. Part 121 aircraft operations within the State of Georgia develops and promotes for the public good and general welfare, trade, commerce, tourism, industry, and employment opportunities and promotes the general welfare of the state by creating a

MONDAY, MARCH 23, 1992

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favorable climate for the location of new industry, trade, and commerce and the develop ment of existing industry, trade, and commerce within the State of Georgia. It is therefore in the public interest and is vital to the public welfare of the people of Georgia and it is declared to be the public purpose of this chapter to so develop such air transportation projects within this state. No bonds, notes, or other obligations, except refunding bonds, shall be issued by the authority pursuant to this chapter unless its membership adopts a resolution finding that the project for which such bonds, notes, or other obligations are to be issued will promote the foregoing objectives.
6-4-11. The provisions of this chapter shall be liberally construed to effect its stated purpose. The offer, sale, or issuance of bonds, notes, or other obligations by the authority shall not be subject to regulation under the laws of the State of Georgia regulating the sale of securities, as heretofore and hereafter amended. No notice, proceeding, or publication except those required by this chapter shall be necessary to the performance of any act au thorized by this chapter nor shall any such act be subject to referendum.
6-4-12. No bonds, notes, or other obligations of and no indebtedness incurred by the authority shall constitute an indebtedness or obligation of the State of Georgia or any county, municipal corporation, or political subdivision thereof nor shall any act of the au thority in any manner constitute or result in the creation of an indebtedness of the state or any such county, municipal corporation, or political subdivision. No holder or holders of any such bonds, notes, or other obligations shall ever have the right to compel any exercise of the taxing power of the state or any county, municipal corporation, or political subdivision thereof nor to enforce the payment thereof against the state or any such county, municipal corporation, or political subdivision; and all such bonds shall contain recitals on their face covering substantially the foregoing provisions of this Code section.
6-4-13. It is found, determined, and declared that the creation of the Georgia Airport Development Authority and the carrying out of its corporate purposes are in all respects for the benefit of the people of this state and constitute a public purpose and that the authority will be performing an essential governmental function in the exercise of the power conferred upon it by this chapter. The authority shall be required to pay no taxes or assessments upon any of the property acquired by it or under its jurisdiction, control, possession, or supervi sion or upon its activities in the operation or maintenance of the facilities erected, main tained, or acquired by it nor upon any fees, rentals, or other charges for the use of such facilities or other income received by the authority. The state covenants with the holders from time to time of the bonds, notes, and other obligations issued under this chapter that the authority shall not be required to pay any taxes or assessments imposed by the state or any of its counties, municipal corporations, political subdivisions, or taxing districts on any property acquired by the authority or under its jurisdiction, control, possession, or supervi sion or leased by it to others or upon its activities in the operation or maintenance of any such property or on any income derived by the authority in the form of fees, recording fees, rentals, charges, purchase price, installments, or otherwise, and that the bonds, notes, and other obligations of the authority, their transfer, and the income therefrom shall at all times be exempt from taxation within the state.
6-4-14. The authority is empowered to exercise such of the police powers of the state as may be necessary to maintain peace and order and to enforce any and all restrictions upon its properties and facilities, to the extent that such is lawful under the laws of the United States and this state; however, the authority may delegate the exercise of this function for a time or permanently to the state or to the county in which its projects are located.
6-4-15. This chapter shall not affect any other authority now or hereafter existing under general or local constitutional amendment or general or local law.
6-4-16. Any action to protect or enforce any rights under this chapter and any action pertaining to validation of any bonds issued under this chapter brought in the courts of this state shall be brought in the Superior Court of Fulton County, which shall have exclusive jurisdiction of such actions."

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Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.
Senators Dawkins of the 45th, Hooks of the 14th, Taylor of the 12th and Robinson of the 16th offered the following amendment:
Amend the substitute to HB 1106 offered by the Senate Committee on Transportation by adding on page 23 a new Section 3 to read:
"This Act shall not be effective until such time as the 'State Airport System Plan' has been completed by the Department of Transportation.",
and by renumbering Section 3 as Section 4.
On the adoption of the amendment offered by Senators Dawkins of the 45th, Hooks of the 14th, Taylor of the 12th and Robinson of the 16th, the yeas were 37, nays 0, and the amendment was adopted.
Senators Tate of the 38th, Henson of the 55th, Kidd of the 25th, Gillis of the 20th, Walker of the 43rd, Scott of the 36th, and Langford of the 35th offered the following amendment:
Amend the substitute to HB 1106 offered by the Senate Committee on Transportation by striking from line 30 of page 4 the word "eight" and inserting in lieu thereof the word "ten".
By striking from line 32 of page 4 the word "Five" and inserting in lieu thereof the word "Three".
By striking from line 33 of page 4 the word "three" and inserting in lieu thereof the word "one".
By striking from lines 1 and 4, respectively, of page 5 the words "One member" and inserting in lieu thereof the words "Three members".
By striking from the end of line 2 and the beginning of line 3 of page 5 the words "a member" and inserting in lieu thereof the word "members".
By inserting on line 3 of page 5 after the word "Assembly" the following:
", at least one of whom shall have expertise in the field of aviation".
By striking from line 5 of page 5 the words "a member" and inserting in lieu thereof the word "members".
By inserting on line 6 of page 6 after the word "Assembly" the following:
", at least one of whom shall have expertise in the field of aviation".
By striking lines 9 through 25 of page 5 in their entirety and inserting in lieu thereof the following:
"One of the three members appointed by the Governor, one of the three members ap pointed by the Speaker of the House of Representatives, and one of the three members appointed by the President of the Senate shall serve for initial terms of two years and until their successors are appointed and qualified. One of the two remaining members appointed by the Governor, one of the two remaining members appointed by the Speaker of the House of Representatives, and one of the two remaining members appointed by the President of the Senate shall serve for initial terms of three years and until their successors are ap pointed and qualified. The remaining member appointed by the Governor, the remaining member appointed by the Speaker of the House of Representatives, and the remaining member appointed by the President of the Senate shall serve for initial terms of four years

MONDAY, MARCH 23, 1992

2207

and until their successors are appointed and qualified. After the initial appointment of members, all persons appointed thereafter shall serve for terms of four years and until their successors are appointed and qualified."

On the adoption of the amendment offered by Senators Tate of the 38th, Henson of the 55th, Kidd of the 25th, Gillis of the 20th, Walker of the 43rd, Scott of the 36th and Langford of the 35th, the yeas were 14, nays 25, and the amendment was lost.

On the adoption of the substitute, the yeas were 31, nays 3, and the substitute was adopted as amended.

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

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

Those voting in the affirmative were Senators:

Albert Alien Baldwin BishP
nBroWuenn off 4^6uth BP.rown of 26th Coleman Dawkins Dean Echols Edge

English Foster Gillis Hammill
H,, arris ,H..i,l,l J Hooks Huggins Johnson Marable Perdue

Perry Ragan of 10th Ragan of 32nd Ray
RThoobminpsosnon mT-immons Turner Tysinger Walker of 22nd Walker of 43rd White

Those voting in the negative were Senators:

Burton
Collins Egan Henson
Kidd

Langford
Moye Newbill Phillips
Ramsey

Scott Starr
Stemberg Tate

Those not voting were Senators:

Deal (presiding) Garner (excused)

Pollard Shumake

Taylor

On the passage of the bill, the yeas were 37, nays 14.
The bill, having received the requisite constitutional majority, was passed by substitute.
Senator Langford of the 35th gave notice that, at the proper time, he would move that the Senate reconsider its action in passing HB 1106.

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The following bill of the House was taken up for the purpose of considering the House action thereon:
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.
Senator Ray of the 19th moved that the Senate insist upon the Senate substitute to HB 1607.
On the motion, the yeas were 37, nays 0; the motion prevailed, and the Senate insisted upon the Senate substitute to HB 1607.
The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:
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 House substitute to SB 680 was as follows:
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 for requiring specified minimum uncompensated indigent or charity care obligations and utilization levels for new perinatal services; to provide for revocation of the certificate of need of a new per inatal service in certain circumstances; to provide that certain health care facilities which obtain a certificate of need on or after a certain date and which terminate their participa tion 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 require ments for terminating enrollment as a provider of medical assistance; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 6 of Title 31 of the Official Code of Georgia Annotated, relating to state health planning and development, is amended by adding after Code Section 31-6-40.1 a new Code section to read as follows:
"31-6-40.2. (a) As used in this Code section, the term:
(1) 'Adjusted gross revenue' means gross revenue after provisions for bad debt and any Medicaid, medicare, or other contractual adjustments have been deducted.
(2) 'Certificate of need application' means an application for a certificate of need filed with the planning agency, any amendments thereto, and any other written material relating to the application and filed by the applicant with the planning agency.

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(3) 'First three years of operation' means the first three consecutive 12 month periods beginning on the first day of a new perinatal service's first full calendar month of operation.
(4) 'First year of operation' means the first consecutive 12 month period beginning on the first day of a new perinatal service's first full calendar month of operation.
(5) 'New perinatal service' means a perinatal service whose first year of operation ends after the date this Code section becomes effective.
(6) 'Perinatal service' means obstetric and neonatal services. Perinatal services are clas sified by the planning agency as Level I, Level II, or Level III.
(7) 'Uncompensated indigent or charity care* means the dollar amount of 'net uncompensated indigent or charity care after direct and indirect (all) compensation' as defined by, and calculated in accordance with, the planning agency's 1991 publication entitled 'Instruc tions for 1991 Hospital Indigent Care Survey.'
(8) 'Urban area' means a county having a population of 50,000 or greater.
(9) 'Year' means one of the three consecutive 12 month periods in a new perinatal ser vice's first three years of operation.
(b) (1) A new perinatal service shall provide uncompensated indigent or charity care in an amount which meets or exceeds 3 percent of the adjusted gross revenue for such service for each of the service's first three years of operation; provided, however, that if the certifi cate of need application under which a new perinatal service was approved included an agreement, representation, or commitment that uncompensated indigent or charity care would be provided in an amount greater than 3 percent of the adjusted gross revenue for any time period described in the certificate of need application that falls completely within such new perinatal service's first three years of operation, such new perinatal service shall provide indigent or charity care in an amount which meets or exceeds the amount agreed, represented, or committed in the certificate of need application for each time period de scribed in the certificate of need application that falls completely within the service's first three years of operation. The provisions of this paragraph shall apply only to Level II and Level III perinatal services.
(2) The planning agency shall revoke the certificate of need and authority to operate of a new perinatal service if after notice to the grantee of the certificate or such grantee's successors, and after opportunity for a fair hearing pursuant to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' the planning agency determines that such new per inatal service has failed to provide indigent or charity care in accordance with the require ments of paragraph (1) of this subsection. The planning agency shall provide the requisite notice, conduct the fair hearing, if requested, and render its determination within 90 days after the end of the first year, or, if applicable, the first time period described in paragraph (1) of this subsection during which the new perinatal service fails to provide indigent or charity care in accordance with the requirements of paragraph (1) of this subsection. Revo cation shall be effective 30 days after the date of the determination by the planning agency that the requirements of paragraph (1) of this subsection have not been met.
(c) (1) A new Level II perinatal service in an urban area shall achieve at least 1,500 births in at least one year during its first three years of operation.
(2) A new Level HI perinatal service shall achieve at least 1,500 births in at least one year during its first three years of operation.
(3) The planning agency shall revoke the certificate of need and authority to operate of a new perinatal service if after notice to the grantee of the certificate of need or such grantee's successors, and after opportunity for a fair hearing pursuant to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' the planning agency determines that such new perinatal service has failed to meet the applicable requirements of paragraph (1) or (2) of this subsection. The planning agency shall provide the requisite notice, conduct the fair hearing, if requested, and render its determination within 90 days after the end of the new perinatal service's first three years of operation. Revocation shall be effective 30 days after

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the date of the determination by the planning agency that the requirements of paragraph (1) or (2) of this subsection have not been met.
(d) Nothing contained in this Code section shall limit the planning agency's authority to regulate perinatal services in ways or for time periods not addressed by the provisions of this Code section."
Section 2. Said chapter is further 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) Any proposed or existing health care facility which obtains a certificate of need on or after the effective date of this Code section based in part upon assurances that it will participate as a provider 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 monetary penalty in the amount of the difference between the Medicaid covered services which the facility agreed to provide in its certificate of need applica tion and the amount actually provided; provided, however, that this Code section shall not apply if:
(1) The proposed or existing health care facility's certificate of need application was approved by the planning agency prior to the effective date of this Code section and the planning agency's approval of such application was under appeal on or after the effective date of this Code section and the planning agency's approval of such application is ulti mately affirmed;
(2) Such facility's participation as a provider of medical assistance is terminated by the state or federal governments; or
(3) 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 utilization during the preceding 12 month period was 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 cost report for the preceding full 12 month period filed by such facility pursuant to the state plan as defined in paragraph (8) of Code Section 49-4-141 which are allowed under the state plan for purposes of deter mining such facility's reimbursement rate for medical assistance and the aggregate amount of such facility's medical assistance payments (including any amounts received by the facil ity 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 determined by 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 report ing period which was 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 the state plan, statutes, or rules and regulations governing providers of medical assistance 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 of

MONDAY, MARCH 23, 1992

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Medical Assistance pursuant to the provisions of Code Section 49-4-153 within 30 days of the Department of Medical Assistance's decision.
(c) The imposition of the monetary penalty provided in this Code section shall com mence upon notification to the executive director 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 fails to participate as a pro vider of medical assistance. Penalties authorized under this Code section shall be subject to the same notices and hearings as provided for levy of fines under Code Section 31-6-45."
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 Steinberg of the 42nd moved that the Senate agree to the House substitute to SB 680 as amended by the following amendment offered by Senators Steinberg of the 42nd and Robinson of the 16th:
Amend the House substitute to SB 680 by striking the word "minimum" on line 4 of page 1.
"onlyB,"y. adding on line 22 on page 1 following the word "section" the word and symbol
By striking lines 24 through 27 on page 1.
By striking lines 19 through 21 on page 2 and inserting in lieu thereof the following:
"neonatal services."
By striking lines 26 through 28 on page 2 and inserting in lieu thereof the following:
"in accordance with, the planning agency's Hospital Indigent Care Survey and related instructions."
By striking lines 29 and 30 on page 2.
By striking on line 33 on page 2 the following:
"three years",
and inserting in lieu thereof the following:
"36 months".
By renumbering paragraphs 2 through 8 on page 2 as paragraphs 1 through 7, respectively.
By striking lines 3 and 4 on page 3 and inserting in lieu thereof the following:
"which meets or exceeds the agency's established minimum at the time the agency is sued the certificate of need approval for such service for each of the".
By striking on line 8 on page 3 the following:
"an agreement, representation, or",
and inserting in lieu thereof the following: "a".
By striking lines 10 and 11 on page 3 and inserting in lieu thereof the following:
"care would be provided in an amount greater than the established minimum for any time".

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By striking from line 17 on page 3 the following:
"agreed, represented, or".
By striking the word "The" from the end of line 21 on page 3.
By striking lines 22 and 23 on page 3.
By adding after the word "subsection" on line 34 on page 3 the following:
"and such failure is determined by the planning agency to be for reasons substantially within the perinatal service provider's control".
By striking lines 13 through 20 on page 4 and inserting in lieu thereof the following:
"(c) (1) A new perinatal service shall achieve the standard number of births specified in the state health plan in effect at the time of the issuance of the certificate of need approval by the planning agency in at least one year during its first three years of operation.
(2) The planning agency shall revoke the".
By striking the word "meet" on line 28 on page 4 and inserting in lieu thereof the words "comply with".
By striking on line 29 on page 4 the word and number "or (2)".
By adding after the word "subsection" on line 30 on page 4 the following:
"and such failure is determined by the planning agency to be for reasons substantially within the perinatal service provider's control".

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

Those voting in the affirmative were Senators:

Alien Bowen 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 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 not voting were Senators:

Albert Baldwin
Bishop Deal (presiding)

Garner (excused) Hooks
Kidd Langford

Pollard Shumake Steinberg

On the motion, the yeas were 45, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 680 as amended by the Senate.

MONDAY, MARCH 23, 1992

2213

Senator Hooks of the 14th gave notice that, at the proper time, he would move that the Senate reconsider its action previously today in passing the following local bill of the House:

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.

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

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.

The House amendment was as follows:

Amend SB 667 by adding on line 27 of page 1 between the period and the word "The" the following sentence:
"For the purposes of this Act, the term 'unremarried surviving spouse' of a member of the armed forces includes the unmarried widow of a member of the armed forces, which widow is receiving spousal benefits from the United States Department of Veterans Affairs."

Senator Steinberg of the 42nd moved that the Senate agree to the House amendment to SB 667.

On the motion, 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 C/CD-i ooe1lla1hen-mnsan Echols Egan
Foster Gillis Hammill
Harris

Hasty Henson Hill Hooks Huggins Johnson Langford MMN/teoawyraebbillle Perdue Perry
Phillips Pollard Ragan of 10th
Ragan of 32nd

Ramsey Ray Robinson Scott Stair Steinberg rpatg ,,_Tl,a,hyolm,orpson Timmons Turner
Tysmger Walker of 22nd Walker of 43rd
White

Those not voting were Senators:

Albert Alien Dawkins

Deal (presiding) Edge English

Garner (excused) Kidd Shumake

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On the motion, the yeas were 47, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 667.

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

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.
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:

Baldwin Bishop Broun of 46th Brown of 26th Burton Clay Coleman CDoalwliknisns
Dean Echols Edge Egan English Foster Gillis

Hammill Harris Hasty Henson Hill Hooks Huggins JLoahnngsfoonrd
Marable Moye Newbill Perdue Perry Phillips Pollard

Ragan of 10th Ragan of 32nd Ramsey Rav Robinson Scott Starr S,,,tem. b, erg
late Timmons Turner Tysinger Walker of 22nd Walker of 43rd White

Those not voting were Senators:

Albert Alien Bowen

Deal (presiding) Garner (excused) Kidd

Shumake Taylor Thompson

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

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

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

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

MONDAY, MARCH 23, 1992

2215

DeKalb County ad valorem taxes, including taxes to retire bonded indebtedness but excluding county school district taxes.
The House amendment was as follows:
Amend SB 668 by adding on line 27 of page 1 between the period and the word "The" the following sentence:
"For the purposes of this Act, the term 'unremarried surviving spouse' of a member of the armed forces includes the unmarried widow of a member of the armed forces, which widow is receiving spousal benefits from the United States Department of Veterans Affairs."
Senator Steinberg of the 42nd moved that the Senate agree to the House amendment to SB 668.
On the motion, the yeas were 31, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 668.
The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:
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.
The House substitute to SB 543 was as follows:
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.'

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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.
(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 an individual with previous prescribed burning expe rience or training is in charge of the burn and is present on site until the fire is adequately and reasonably confined to prevent escape of the fire from the area intended to be burned;
(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.

MONDAY, MARCH 23, 1992

2217

(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.

Senator Gillis of the 20th moved that the Senate disagree to the House substitute to SB 543.

On the motion, the yeas were 35, nays 0; the motion prevailed, and the Senate disagreed to the House substitute to SB 543.

The following resolutions of the Senate, favorably reported by the committees, were read the third time and put upon their adoption:

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.

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 Brown of 26th Burton
,,C,?yman
C DoalwlmkSins Dean Echols Edge Egan English Foster Gillis

Hammill Harris Hasty Henson HiU Hooks
JHouhgngsionns
T^angfrordJ Marable Mye Newbill Perdue Perry Phillips Pollard

Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Starr
TStaetienberg
rTnayl1 or Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White

Those not voting were Senators:

Albert Alien Deal (presiding)

Garner (excused) Kidd

Scott Shumake

On the adoption of the resolution, the yeas were 49, nays 0.

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JOURNAL OF THE SENATE

The resolution, having received the requisite constitutional majority, was adopted.
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.
The Senate Committee on Rules offered the following substitute to SR 421:
A RESOLUTION
Creating the University System Laboratory, Equipment, Rehabilitation Technology, and Eminent Scholars Endowment Study Committee; and for other purposes.
WHEREAS, the matter of the state's financial support of education is a priority and focal issue facing the General Assembly; and
WHEREAS, there are no things more important to the quality of an institution of higher education than a strong faculty and modern facilities; and
WHEREAS, the needs of disabled and handicapped citizens in particular require spe cialized faculty and facilities; and
WHEREAS, in December, 1980, the Georgia Institute of Technology established the Center for Rehabilitation Technology to provide a clearinghouse of information and techni cal assistance for disabled persons and to encourage collaborative interdisciplinary efforts within the University System of Georgia to develop equipment and procedures to meet the needs of disabled and handicapped citizens; and
WHEREAS, unfortunately, all institutions of the university system, including the Center for Rehabilitation Technology, lack sufficient funding and equipment for the com puter related activities, laboratories, and library research facilities which are required to support the continued technological growth of the state in meeting the needs of the handi capped and in other areas and to attract leaders in the educational and research fields.
NOW, THEREFORE, BE IT RESOLVED BY THE SENATE that there is created the University System Laboratory, Equipment, Rehabilitation Technology, and Eminent Schol ars Endowment Study Committee to be composed of five members of the Senate to be ap pointed by the President of the Senate. One of the appointees shall be designated chairman by the President of the Senate. The committee shall meet upon the call of the chairman. The committee is authorized to conduct a thorough study of the university system labora tory and equipment needs and library research facilities needs and, in connection therewith, the cost of funding the purchase of adequate equipment and supplies to enable the state to develop and attract to its maximum potential high technology industries and to meet the needs of its handicapped citizens. The committee is further authorized to study incentive programs for the funding of faculty chairs, so as to enable the universities of this state to compete more successfully for the best scholars and teachers available. The committee is authorized to seek the advice and counsel of such persons knowledgeable in the affected fields which the committee feels will be able to assist it in the discharge of its duties and responsibilities.
BE IT FURTHER RESOLVED that the members of the committee shall receive the expenses and allowances provided by law 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 committee is authorized to hold meetings and conduct studies at such times and places as the committee deems advisable in carrying out its duties. The board of regents shall provide such technical assistance and other expertise to the committee as may be re quested by the chairman. The funds necessary to carry out the provisions of this resolution shall come from the funds appropriated to the Senate. The committee is authorized to make

MONDAY, MARCH 23, 1992

2219

a report of its findings and recommendations, with suggestions for funding and for legisla tion, if any, no later than December 31, 1992. The committee shall stand abolished on De cember 31, 1992.
On the adoption of the substitute, the yeas were 41, nays 0, and the substitute was adopted.
The President resumed the Chair.
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 Bishop Bowen Broun of 46th Brown of 26th Burton
Claky.man CPDj~.)oaelwal[ik,ni.sns D ean Echols Edge Egan English Foster

Gillis Hammill Harris Hasty Henson Hill
HHuogogkisns JTohi nson Langford Marable Mye Newbill Perdue Perry Phillips

Those not voting were Senators:

Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson
SSctaortrt ml_1a,aty,elor Thompson Turner Tysinger Walker of 22nd Walker of 43rd White

Albert Alien Garner (excused)

Kidd Shumake

Steinberg Timmons

On the adoption of the resolution, the yeas were 49, nays 0.

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

Serving as doctor of the day today was Dr. Charlesetta Shelton of Columbus, Georgia.

Senator Walker of the 43rd moved that the Senate do now adjourn until 9:00 o'clock A.M. tomorrow, and the motion prevailed.

At 5:27 o'clock P.M., the President announced the Senate adjourned until 9:00 o'clock A.M. tomorrow.

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JOURNAL OF THE SENATE

Senate Chamber, Atlanta, Georgia Tuesday, March 24, 1992
Thirty-seventh 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.

Senator Kidd of the 25th moved that the Senate reconsider its action on March 23 in passing 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.

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

Those voting in the affirmative were Senators:

Brown of 26th Burton Clay Kidd

Marable Moye Newbill

Phillips Tate Tysinger

Those voting in the negative were Senators:

Baldwin Broun of 46th Coleman Collins Dawkins Echols Edge Egan English Garner

Gillis Hammill Harris Hasty Henson Hill Hooks Huggins Johnson Perdue

Perry Pollard Ragan of 10th Ragan of 32nd Ramsey Robinson Starr Steinberg Turner White

Those not voting were Senators:

Albert Allen BBoiswhoenp Deal Dean

Foster Langford ,,Ray Scott Shumake

Taylor Thompson ,,T.immons Walker of 22nd Walker of 43rd

On the motion, the yeas were 10, nays 30; the motion was lost, and HB 1146 was not reconsidered.

TUESDAY, MARCH 24, 1992

2221

Senator Hooks of the 14th moved that the Senate reconsider its action on March 23 in passing the following local bill of the House:
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.
On the motion, the yeas were 37, nays 2; the motion prevailed, and HB 2055 was recon sidered and placed on the Senate Local Consent Calendar for today.
By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House and Senate:
HB 1045. By Representative Jenkins of the 80th: A bill to amend an Act placing the judge of the Probate Court of Monroe County on an annual salary, so as to provide that the probate court judge shall have jurisdiction to try all misdemeanor cases arising in the county where the defend ant waives a jury trial and pleads guilty.
HB 1786. By Representative Hudson of the 117th: A bill to amend an Act creating the Board of Commissioners of Wilcox County, so as to change the composition of the commissioner districts.
HB 1787. By Representative Hudson of the 117th: A bill to amend an Act providing for the continuing existence of the Wilcox County School District and the Wilcox County board of education, so as to change the composition of the education districts.
HB 2031. By Representatives Ray of the 98th and Jenkins of the 80th: A bill to amend an Act creating the Board of Commissioners of Roads and Reve nues for Crawford County, so as to reapportion the commissioner districts.
HB 2092. By Representatives Flynt of the 75th and Herbert of the 76th: A bill to amend an Act creating a board of commissioners for the counties of Spalding and Butts, so as to provide for a county manager for Spalding County.
HB 2096. By Representatives Orr of the 9th, Lawson of the 9th and Jackson of the 9th: A bill to amend an Act to provide for an elected Board of Education of Dawson County, so as to provide new education districts.

2222

JOURNAL OF THE SENATE

HB 2102. By Representative Stancil of the 66th: A bill to provide a new charter for the City of Rutledge.
HB 2103. By Representatives Stancil of the 8th, Barnett of the 10th and Pinholster of the 8th: A bill to provide a new charter for the City of Waleska.
HB 2106. By Representatives Golden of the 148th, Patten of the 149th and Reaves of the 147th: A bill to provide for the number of members and for the election of members of the Board of Education of Lowndes County; to provide for education districts.
HB 2107. By Representatives Golden of the 148th, Patten of the 149th and Reaves of the 147th: A bill to amend an Act which provides for the establishment of a public school system for the City of Valdosta, so as to change certain provisions relative to the election and terms of said members.
HB 2108. By Representatives Jones of the 71st, Davis of the 77th, Meadows of the 91st and Flynt of the 75th: A bill to amend an Act creating a Board of Commissioners of Coweta County, so as to provide for the compensation of the members of the board of commissioners.
HB 2110. By Representatives Chambless of the 133rd, Cummings of the 134th, White of the 132nd and Balkcom of the 140th: A bill to amend an Act creating a board of commissioners of Dougherty County, so as to change the commission districts.
HB 2111. By Representatives Chambless of the 133rd, Cummings of the 134th, White of the 132nd and Balkcom of the 140th: A bill to amend an Act creating the Dougherty County School System, so as to change the education district.
HB 2112. By Representatives Herbert of the 76th and Flynt of the 75th: A bill to amend an Act creating the Griffin-Spalding County School System, so as to change the description of the districts from which are elected members of the Griffin-Spalding County Board of Education.
HB 2125. By Representative Banner of the 131st: A bill to provide education districts for the Calhoun County Board of Education.
HB 2126. 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 2127. By Representatives Campbell of the 23rd and McKinney of the 40th: A bill to provide for the creation of one or more community improvement dis tricts in the City of Alpharetta.
HB 2150. By Representatives Birdsong of the 104th and Jenkins of the 80th: A bill to amend an Act creating a Board of Commissioners of Jones County, so as to provide for the election of members of the board.

TUESDAY, MARCH 24, 1992

2223

SB 712. By Senators Alien of the 2nd and Coleman of the 1st:
A bill to be entitled an Act to authorize the Recorder's Court of Chatham County to contract with a private enterprise to provide probation services for certain persons.
HB 2100. By Representative Birdsong of the 104th: A bill to provide a $15,000.00 homestead exemption from certain ad valorem taxes levied by, for, or on behalf of the Twiggs County School District for resi dents of that district who are 62 years of age or older and whose net income does not exceed $15,000.
HB 2101. By Representative Davis of the 77th:
A bill to provide for homestead exemptions from Heard County ad valorem taxes for county purposes and from Heard County School District ad valorem taxes for educational purposes for certain residents of that county and school district.
HB 2104. By Representative Adams of the 79th:
A bill to provide that the homestead, not to exceed $15,000.00 of the value thereof, of each resident of the Thomaston-Upson County School District who is 62 years of age or over and who does not have an income from all sources, includ ing the income from all sources of all members of the family residing within said homestead, exceeding $15,000.00 per annum, shall be exempt from all ad valorem taxation for educational purposes levied for and in behalf of such school system.
HB 2148. By Representatives Sherrill of the 47th, Tolbert of the 58th, Alford of the 57th, Williams of the 48th, Teper of the 46th and others:
A bill to amend an Act providing that each resident of the DeKalb County School District who is 65 years of age or over or disabled and whose net income does not exceed $15,000 per annum shall be granted an exemption, so as to pro vide a homestead exemption from certain DeKalb County School District ad valorem taxes for educational purposes.
HB 2149. By Representatives Sherrill of the 47th, Tolbert of the 58th, Alford of the 57th, Williams of the 48th, Teper of the 46th and others:
A bill to amend an Act providing that each resident of DeKalb County who is 65 years of age or over or disabled and whose net income does not exceed $15,000 per annum shall be granted an exemption, so as to provide a homestead exemp tion from certain DeKalb County ad valorem taxes for county purposes.
HB 2152. By Representatives Thomas of the 69th, Simpson of the 70th and Jones of the 71st:
A bill to provide for homestead exemptions from Carroll County ad valorem taxes for county purposes and for educational purposes for certain residents of that county and school district.
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.
HB 2069. By Representatives Padgett of the 86th, Williams of the 90th and others:
A bill to amend an Act creating the board of commissioners of Richmond County, so as to change the composition of the board.

2224

JOURNAL OF THE SENATE

The House has passed, as amended, by the requisite constitutional majority the follow ing bill of the Senate:
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.
The House has passed by the requisite constitutional majority the following bills of the Senate:
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 for the purpose of manufacturing, distributing, or dispensing any controlled sub stance, counterfeit substance, or marijuana.
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 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 319. By Senator Albert of the 23rd:
A bill to amend Title 3 of the Official Code of Georgia Annotated, relating to alcoholic beverages, so as to provide that the state revenue commissioner may authorize the distribution or sale of distilled spirits, malt beverages, and wine by food caterers in connection with the food catering business only; to define certain terms; to provide for the issuance of alcoholic beverage licenses to food caterers who are eligible therefor.
SB 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.

TUESDAY, MARCH 24, 1992

2225

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 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.
The House has passed, by substitute, by the requisite constitutional majority the fol lowing bills of the Senate:
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.
SB 379. By Senators Kidd of the 25th, Deal of the 49th, Garner of the 30th and others:
A bill to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to enact the "Georgia Register Act"; to provide for the publication of a Georgia Register and its governance by the Georgia Register Board; to provide for the membership, powers, duties, procedures, and operations of the board; to provide for the contents of the Georgia Register to include cer tain information with respect to certain proposed, pending, and adopted govern mental actions and certain other material.
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 488. By Senators Dawkins of the 45th, Taylor of the 12th, Robinson of the 16th and others:
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.
SB 33. By Senators Kidd of the 25th and Garner of the 30th:
A bill to amend Chapter 16 of Title 45 of the Official Code of Georgia Annotated, relating to coroners, so as to require coroners and deputy coroners to take an annual training course approved by the Georgia Coroner's Training Council; to

2226

JOURNAL OF THE SENATE

provide that under certain conditions the Georgia Coroner's Training Council may waive such training for a coroner or deputy coroner during any given year.
SB 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 546. By Senators Clay of the 37th, Ragan of the 32nd, Thompson of the 33rd and others:
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 House has adopted, by substitute, by the requisite constitutional majority the fol lowing resolutions of the Senate:
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.
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 House has adopted by the requisite constitutional majority the following resolu tions of the Senate:
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 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 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.

TUESDAY, MARCH 24, 1992

2227

SR 358. By Senator Foster of the 50th: A resolution designating the "Historic U.S. 19 and Ga. 60 Business Route".
The following bill of the Senate was introduced, read the first time and referred to committee:
SB 868. By Senator Moye of the 34th: A bill to amend an Act creating a Board of Commissioners for Fayette County, as amended, so as to change the provisions relating to districts for elections; to eliminate militia districts; to formulate elective posts by voting precincts; to pro vide an effective date.
Referred to Committee on Urban and County Affairs,
The following bills of the House were read the first time and referred to committee:
HB 1045. By Representative Jenkins of the 80th: A bill to amend an Act placing the judge of the Probate Court of Monroe County on an annual salary, so as to provide that the probate court judge shall have jurisdiction to try all misdemeanor cases arising in the county where the defend ant waives a jury trial and pleads guilty.
Referred to Committee on Urban and County Affairs.
HB 1786. By Representative Hudson of the 117th: A bill to amend an Act creating the Board of Commissioners of Wilcox County, so as to change the composition of the commissioner districts.
Referred to Committee on Urban and County Affairs.
HB 1787. By Representative Hudson of the 117th: A bill to amend an Act providing for the continuing existence of the Wilcox County School District and the Wilcox County board of education, so as to change the composition of the education districts.
Referred to Committee on Urban and County Affairs.
HB 2031. By Representatives Ray of the 98th and Jenkins of the 80th: A bill to amend an Act creating the Board of Commissioners of Roads and Reve nues for Crawford County, so as to reapportion the commissioner districts.
Referred to Committee on Urban and County Affairs.
HB 2069. By Representative Padgett of the 86th: A bill to amend an Act creating the board of commissioners of Richmond County, so as to change the composition of the board.
Referred to Committee on Urban and County Affairs.
HB 2092. By Representatives Flynt of the 75th and Herbert of the 76th: A bill to amend an Act creating a board of commissioners for the counties of Spalding and Butts, so as to provide for a county manager for Spalding County.
Referred to Committee on Urban and County Affairs,
HB 2096. By Representatives Orr of the 9th, Lawson of the 9th and Jackson of the 9th: A bill to amend an Act to provide for an elected Board of Education of Dawson County, so as to provide new education districts.
Referred to Committee on Urban and County Affairs.

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JOURNAL OF THE SENATE

HB 2100. By Representative Birdsong of the 104th: A bill to provide a $15,000.00 homestead exemption from certain ad valorem taxes levied by, for, or on behalf of the Twiggs County Sphool District for resi dents of that district who are 62 years of age or older and whose net income does not exceed $15,000.
Referred to Committee on Urban and County Affairs.
HB 2101. By Representative Davis of the 77th:
A bill to provide for homestead exemptions from Heard County ad valorem taxes for county purposes and from Heard 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 2102. By Representative Stancil of the 66th:
A bill to provide a new charter for the City of Rutledge. Referred to Committee on Urban and County Affairs.
HB 2103. By Representatives Stancil of the 8th, Barnett of the 10th and Pinholster of the 8th: A bill to provide a new charter for the City of Waleska.
Referred to Committee on Urban and County Affairs.
HB 2104. By Representative Adams of the 79th: A bill to provide that the homestead, not to exceed $15,000.00 of the value thereof, of each resident of the Thomaston-Upson County School District who is 62 years of age or over and who does not have an income from all sources, includ ing the income from all sources of all members of the family residing within said homestead, exceeding $15,000.00 per annum, shall be exempt from all ad valorem taxation for educational purposes levied for and in behalf of such school system.
Referred to Committee on Urban and County Affairs.
HB 2106. By Representatives Golden of the 148th, Patten of the 149th and Reaves of the 147th:
A bill to provide for the number of members and for the election of members of the Board of Education of Lowndes County; to provide for education districts. Referred to Committee on Urban and County Affairs.
HB 2107. By Representatives Golden of the 148th, Patten of the 149th and Reaves of the 147th: A bill to amend an Act which provides for the establishment of a public school system for the City of Valdosta, so as to change certain provisions relative to the election and terms of said members.
Referred to Committee on Urban and County Affairs.
HB 2108. By Representatives Jones of the 71st, Davis of the 77th, Meadows of the 91st and Flynt of the 75th: A bill to amend an Act creating a Board of Commissioners of Coweta County, so as to provide for the compensation of the members of the board of commissioners.
Referred to Committee on Urban and County Affairs.

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2229

HB 2110. By Representatives Chambless of the 133rd, Cummings of the 134th, White of the 132nd and Balkcom of the 140th: A bill to amend an Act creating a board of commissioners of Dougherty County, so as to change the commission districts.
Referred to Committee on Urban and County Affairs.
HB 2111. By Representatives Chambless of the 133rd, Cummings of the 134th, White of the 132nd and Balkcom of the 140th: A bill to amend an Act creating the Dougherty County School System, so as to change the education district.
Referred to Committee on Urban and County Affairs.
HB 2112. By Representatives Herbert of the 76th and Flynt of the 75th: A bill to amend an Act creating the Griffin-Spalding County School System, so as to change the description of the districts from which are elected members of the Griffin-Spalding County Board of Education.
Referred to Committee on Urban and County Affairs.
HB 2125. By Representative Hanner of the 131st: A bill to provide education districts for the Calhoun County Board of Education.
Referred to Committee on Urban and County Affairs.
HB 2126. 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.
HB 2127. By Representatives Campbell of the 23rd and McKinney of the 40th: A bill to provide for the creation of one or more community improvement dis tricts in the City of Alpharetta.
Referred to Committee on Urban and County Affairs.
HB 2148. By Representatives Sherrill of the 47th, Tolbert of the 58th, Alford of the 57th and others: A bill to amend an Act providing that each resident of the DeKalb County School District who is 65 years of age or over or disabled and whose net income does not exceed $15,000 per annum shall be granted an exemption, so as to pro vide a homestead exemption from certain DeKalb County School District ad valorem taxes for educational purposes.
Referred to Committee on Urban and County Affairs.
HB 2149. By Representatives Sherrill of the 47th, Tolbert of the 58th, Alford of the 57th and others: A bill to amend an Act providing that each resident of DeKalb County who is 65 years of age or over or disabled and whose net income does not exceed $15,000 per annum shall be granted an exemption, so as to provide a homestead exemp tion from certain DeKalb County ad valorem taxes for county purposes.
Referred to Committee on Urban and County Affairs.

2230

JOURNAL OF THE SENATE

HB 2150. By Representatives Birdsong of the 104th and Jenkins of the 80th:
A bill to amend an Act creating a Board of Commissioners of Jones County, so as to provide for the election of members of the board. Referred to Committee on Urban and County Affairs.

HB 2152. By Representatives Thomas of the 69th, Simpson of the 70th and Jones of the 71st:
A bill to provide for homestead exemptions from Carroll County ad valorem taxes for county purposes and 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 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 1837. Do pass as amended. HB 1482. Do pass by substitute.

HB 1997. Do pass. HB 1490. Do pass by substitute.

Respectfully submitted,

Senator Foster of the 50th 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 1125. Do pass by substitute.
Respectfully submitted,
Senator Deal of the 49th 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 1212. 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 House and has instructed me to report the same back to the Senate with the following recommendations:
HB 1846. Do pass.
HB 1860. Do pass.

TUESDAY, MARCH 24, 1992

2231

HB 1978.

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 1068. Do pass as amended. HB 1847. Do pass as amended. HB 1929. Do pass as amended.
Respectfully submitted,
Senator Walker of the 22nd 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 1763. 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 House and has instructed me to report the same back to the Senate with the following recommendations:
HB 1435. Do pass by substitute. HB 1814. Do pass. HB 1932. Do pass by substitute.
Respectfully submitted,
Senator Baldwin of the 29th District, Chairman

Mr. President:

The Committee on Retirement has had under consideration the following bill of the House and has instructed me to report the same back to the Senate with the following recommendation:
HB 1796. 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:

2232

JOURNAL OF THE SENATE

SR 465. Do pass.

Respectfully submitted, Senator Dean of the 31st District, Chairman

Mr. President:

The Committee on Urban and County Affairs has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations:

HB 1733. Do pass.

HB 2042. Do pass.

HB 1817. Do pass. HB 1878. Do pass.

HB 2043. Do pass.

HB 1882. Do pass.

HB 2057. 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 1206. Do pass.

HB 1843. Do pass by substitute.

HB 1207. Do pass. HB 1208. Do pass.

HB 2071. Do pass.

HB 1209. Do pass.

HB 1941. 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 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.

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 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 Georgia Annotated, relating to the General Assembly, so as to repeal certain pro visions relating to lobbying.

TUESDAY, MARCH 24, 1992

2233

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.
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 1482. By Representatives Thomas of the 69th, Kilgore of the 42nd, 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 exceptions; to provide for notice and a public hearing regarding a reorganization or consolida tion plan.
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.
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 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.
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.

2234

JOURNAL OF THE SENATE

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 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.
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 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 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 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 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.

TUESDAY, MARCH 24, 1992

2235

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 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 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 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.
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 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.
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.
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.

2236

JOURNAL OF THE SENATE

The President called for the morning call, and the following Senators answered to their names:
The President called for the morning roll call, and the following Senators answered to their names:

Albert Baldwin Bowen 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 Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Starr Steinberg Tate Thompson Timmons Turner Tysinger

Those not answering were Senators:

Alien Bishop Broun of 46th Hammill

Langford Scott Shumake Taylor

Walker of 22nd 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 Gillis of the 20th introduced the chaplain of the day, Reverend Andy Cook, pastor of First Baptist Church of Soperton, Soperton, Georgia, who offered scripture reading and prayer.

Senator Taylor of the 12th moved that the following bill of the House be withdrawn from the Senate Committee on Insurance and Labor and committed to the Senate Commit tee on Transportation:

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.

On the motion, the yeas were 37, nays 0; the motion prevailed, and HB 494 was with drawn from the Senate Committee on Insurance and Labor and committed to the Senate Committee on Transportation.

TUESDAY, MARCH 24, 1992

2237

Senator Pollard of the 24th moved that the following resolution of the Senate be with drawn from the Senate Committee on Insurance and Labor and committed to the Senate Committee on Governmental Operations:
SR 551. By Senators Hooks of the 14th, Scott of the 36th, Thompson of the 33rd and others:
A resolution urging the American Association of Toy Manufacturers to encourage the industry to exercise responsible leadership in the design and marketing of toys.
On the motion, the yeas were 34, nays 0; the motion prevailed, and SR 551 was with drawn from the Senate Committee on Insurance and Labor and committed to the Senate Committee on Governmental Operations.
Senator Pollard of the 24th moved that the following bill of the House be withdrawn from the Senate Committee on Insurance and Labor and committed to the Senate Commit tee on Finance and Public Utilities:
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".
On the motion, the yeas were 31, nays 0; the motion prevailed, and HB 1109 was with drawn from the Senate Committee on Insurance and Labor and committed to the Senate Committee on Finance and Public Utilities.
Senator Pollard of the 24th moved that the following bill of the House be withdrawn from the Senate Committee on Insurance and Labor and committed to the Senate Commit tee on Public Safety:
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.
On the motion, the yeas were 36, nays 0; the motion prevailed, and HB 1899 was with drawn from the Senate Committee on Insurance and Labor and committed to the Senate Committee on Public Safety.
Senator Henson of the 55th moved that the following bill of the House be withdrawn from the Senate Committee on Insurance and Labor and committed to the Senate Commit tee on Special Judiciary:
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.
On the motion, the yeas were 31, nays 1; the motion prevailed, and HB 1912 was with drawn from the Senate Committee on Insurance and Labor and committed to the Senate Committee on Special Judiciary.

2238

JOURNAL OF THE SENATE

The following resolutions of the Senate were read and adopted:
SR 566. By Senators Foster of the 50th, Deal of the 49th and Johnson of the 47th: A resolution commending Mr. Jerry Boling and the Chestatee-Chattahoochee RC&D Council.
SR 567. By Senators Bishop of the 15th and Robinson of the 16th: A resolution honoring the Reverend Robert Lee Holston.
SR 568. By Senator Broun of the 46th: A resolution commending the Cedar Shoals High School Girls' Basketball Team.
SR 569. By Senators Coleman of the 1st, Alien of the 2nd and Hammill of the 3rd: A resolution recognizing Savannah Foods and Industries, Inc.
SR 570. By Senator Baldwin of the 29th: A resolution commending the Greenville High School Patriots basketball team.
SR 571. By Senator Walker of the 43rd: A resolution commending the Flat Shoals PTA Drug Committee and its sponsor ship of a Drug Free Day Parade.
SR 572. By Senators Thompson of the 33rd and Clay of the 37th: A resolution urging the Cobb County Board of Commissioners to increase fund ing for mental health services in a more equitable manner.
SR 573. By Senators Langford of the 35th, Perry of the 7th, Moye of the 34th and Scott of the 36th: A resolution urging increased funding for day care and early education.
SR 574. By Senators Hammill of the 3rd, Echols of the 6th and Perry of the 7th: A resolution commending Gene William Loughran as the University of Georgia Outstanding Scholar from Brunswick College.
SR 575. By Senator Dean of the 31st: A resolution commending the Cedartown High School Lady Dawgs basketball team.
SR 576. By Senator Collins of the 17th: A resolution urging a campaign to educate adults regarding gun safety training for children.
The following local, uncontested bills of the House, favorable reported by the commit tee as listed on the Senate Local Consent Calendar, were put upon their passage:
SENATE LOCAL CONSENT CALENDAR Tuesday, March 24, 1992
THIRTY-SEVENTH LEGISLATIVE DAY (The names listed with each bill are the Senators whose districts are affected by the legislation.)

TUESDAY, MARCH 24, 1992

2239

HB 1206 Perdue, 18th TWIGGS COUNTY
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; and for other purposes.

HB 1207 Perdue, 18th TWIGGS COUNTY
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 provi sions relative to the compensation and benefits of the sheriff; and for other purposes.

HB 1208 Perdue, 18th TWIGGS COUNTY
A bill to amend an Act providing an annual salary for the Judge of the Pro bate Court of Twiggs County, so as to change the provisions relative to the compensation and benefits of the judge of the probate court; and for other purposes.

HB 1209 Perdue, 18th TWIGGS COUNTY
A bill to amend an Act providing an annual salary for the clerk of the Supe rior Court of Twiggs County, so as to change the provisions relating to the compensation and benefits of the clerk; and for other purposes.

*HB 1843

English, 21st BURKE COUNTY
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; and for other purposes. (SUBSTITUTE)

HB 1941 Phillips, 9th CITY OF LILBURN
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; and for other purposes.

HB 2052 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 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; and for other purposes.

HB 2055 Hooks, 14th LEE COUNTY
A bill to amend an Act creating the board of commissioners of Lee County, so as to provide new commissioner districts; and for other purposes.

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JOURNAL OF THE SENATE

HB 2071 Hammill, 3rd MCINTOSH COUNTY
A bill to provide for a referendum in Mclntosh County relating to the reten tion of the Mclntosh County Industrial Development Authority; and for other purposes.
HB 2075 Pollard, 24th MCDUFFIE COUNTY
A bill to provide for the method of filling vacancies in the membership of the Hospital Authority of McDuffie County; and for other purposes.
The amendment and substitutes to the following bills were put upon their adoption:
*HB 1843:
The Senate Committee on Urban and County Affairs offered the following substitute to HB 1843:
A BILL
To be entitled an Act to amend an Act providing for the election of members to the Burke County board of education, approved March 27, 1985 (Ga. L. 1985, p. 4481), 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; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act providing for the election of members to the Burke County board of education, approved March 27, 1985 (Ga. L. 1985, p. 4481), as amended, is amended by striking Section 1 and inserting in its place a new Section 1 to read as follows:
"Section 1. (a) The board of education of Burke County shall be composed of five mem bers, to be elected as provided in this Act. For the purpose of electing members of the board of education, Burke County is divided into five education districts as follows:
Education District: 1
BURKE COUNTY VTD: 0003 GOUGH VTD: 0005 KEYSVILLE (Part) Tract: 9502. Block(s): 106, 107, 108A, 108B, 204A, 205, 206A, 206B, 207A, 207B, 207C, 208A, 208B, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223A, 223B, 224, 225, 226, 227, 228, 229A, 229B, 230, 231, 232A, 232B, 232C, 233, 234, 235, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 270, 271, 273, 274, 275, 276, 277, 278A, 278B, 279, 280, 281, 282, 283, 284, 285, 286, 287, 288, 289, 290, 291, 292, 293, 294, 295, 296, 297 VTD: 0006 MIDVILLE VTD: 0009 SCOTTS CROSSROAD VTD: 0011 ST CLAIR VTD: 0012 VIDETTE
Education District: 2
BURKE COUNTY VTD: 0014 NORTH WAYNESBORO

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Education District: 3
BURKE COUNTY VTD: 0004 GREENS CUT AND FOUR POINTS VTD: 0005 KEYSVILLE (Part) Tract: 9502. Block(s): 101, 102, 103, 104, 105, 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, 201, 202, 203, 204B, 236, 237, 238, 239, 240, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265, 266, 267, 268, 269, 272 VTD: 0010 SHELLBLUFF (Part) Tract: 9501. Block(s): 101, 102, 103, 115, 116, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 136, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 169B, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 183, 184, 185, 186, 187, 188, 193
Education District: 4
BURKE COUNTY VTD: 0001 ALEXANDER VTD: 0002 GIRAND VTD: 0007 MUNNERLYN VTD: 0008 SARDIS VTD: 0010 SHELLBLUFF (Part) Tract: 9501. Block(s): 134, 135, 152, 181, 182, 194, 195, 196, 197 Tract: 9506. Block(s): 107, 108, 122 VTD: 0015 SOUTH WAYNESBORO (Part) Tract: 9505. Block(s): 182, 412, 434, 435
Education District: 5
BURKE COUNTY VTD: 0015 SOUTH WAYNESBORO (Part) Tract: 9503. Block(s): 174, 181, 182 Tract: 9504. Block(s): 228B, 229, 248, 249, 250, 251, 252, 253, 254, 255, 256A, 256B, 257, 258, 259, 260, 261, 262, 263, 264, 275, 276, 277, 278, 279, 280, 281, 282, 283, 284, 285, 286, 287, 288, 289, 290, 291, 292, 293 Tract: 9505. Block(s): 101, 102, 103, 104, lp5, 106, 107, 108, 109, 110, 111A, 111B, 112, 113A, 113B, 114, 115, 116, 117, 118A, 118B, 119, 120A, 120B, 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, 151A, 151B, 151C, 152A, 152B, 153, 154, 155, 156A, 156B, 156C, 157, 158A, 158B, 158C, 159, 160, 161, 162, 163, 164, 165, 166A, 166B, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 183, 184, 185, 186, 187, 188, 189, 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, 246, 247, 248, 249, 250, 251, 252, 253, 254, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315A, 315B, 316, 317A, 317B, 318, 319A, 319B, 320, 321, 322A, 322B, 323, 324A, 324B, 325A, 325B, 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,

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381, 382, 383, 384, 385, 386, 387, 388, 389, 390, 391, 392, 393, 394, 395, 396, 397, 405, 406, 407, 408, 409, 410, 411, 413, 438B, 439, 440, 441, 442, 443, 444, 445, 446, 447, 448, 449, 451, 484, 485, 486, 487, 488
(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 Burke 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 Burke 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) Education Districts 1, 2, 3, 4, and 5 as they existed on January 1, 1992, shall con tinue to be designated as Education Districts 1, 2, 3, 4, and 5, respectively, but as newly described under this section on and after the date this subsection becomes effective in 1992, and members of the board serving from those former education districts shall be deemed to be serving from and representing their respective districts as newly described under this section."
Section 2. Said Act is further amended by striking Section 4 and inserting in its place a new Section 4 to read as follows:
"Section 4. (a) The members of the board of education in office on January 1, 1992, representing former Education Districts 1, 2, and 5 shall serve out the remainder of the terms to which they were elected, such terms expiring on December 31, 1994. At the general election in 1994 and every four years thereafter, members of the board shall be elected from Education Districts 1, 2, and 5 pursuant to this Act and shall serve for terms of four years and until their successors are elected and qualified and shall take office on January 1 imme diately following their election.
(b) The members of the board of education in office on January 1, 1992, representing former Education Districts 3 and 4 shall serve out the remainder of the terms to which they were elected, such terms expiring on December 31, 1992. At the general election in 1992 and every four years thereafter, members of the board shall be elected from Education Districts 3 and 4 pursuant to this Act and shall serve for terms of four years and until their succes sors are elected and qualified and shall take office on January 1 immediately following their election.
(c) Members elected under this Act shall be elected in a nonpartisan primary and nonpartisan election in the same manner as specified for nonpartisan election of judicial officers and pursuant to Code Section 21-2-139 of the O.C.G.A."
Section 3. Pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended,

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it shall be the duty of the attorney of the board of education of Burke 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 50, nays 0, and the substitute was adopted.
HB 2052:
Senators Thompson of the 33rd, Clay of the 37th and Newbill of the 56th offered the following substitute to HB 2052:
A BILL
To be entitled an Act to amend an Act changing the boundaries of the seven education districts of the Cobb County School District, approved March 28, 1974 (Ga. L. 1974, p. 3516), as amended, so as to change the boundaries of the seven education districts for the election of members of the Board of Education of Cobb County; to continue terms of office; to provide for the election of members from each education district only by voters of that district voting for such office; to provide for definitions and inclusions; to require submission of this Act to the United States Attorney General for certain approval; 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. An Act changing the boundaries of the seven education districts of the Cobb County School District, approved March 28, 1974 (Ga. L. 1974, p. 3516), as amended, is amended by striking subsection (a) of Section 2 of said Act and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) For the purpose of electing members of the Board of Education of Cobb County, the Cobb County School District is divided into seven education districts as follows:
Education District: 1
COBB COUNTY VTD: 0001 ACWORTH VTD: 0007 BIG SHANTY 2 (Part) Tract: 0302.04 Block(s): 101, 104, 107, 108, 211B, 212 VTD: 0013 CHEATHAM HILL 1 VTD: 0020 DUE WEST VTD: 0051 LOST MOUNTAIN VTD: 0064 MARS HILL 1 VTD: 0065 MARS HILL 2 (Part) Tract: 0301.98 Block(s): 101, 102A, 103A, 105, 106, 107, 108B, 108C, 113, 114B, 114C, 116B, 118, 119, 120, 201E, 202B, 203B, 208B, 225D, 225E, 630B, 633B, 633C, 640D, 644C, 701, 702, 706E, 707D, 708, 709D, 709E, 710B, 711B, 712B, 801B, 802C, 803, 804, 805B, 805C, 805D, 806B Tract: 0302.04 Block(s): 102, 103, 105, 106, 201, 202, 203, 204, 205, 206C, 207, 208, 209, 210, 313A, 313B, 313C, 314A, 314B, 315, 316, 402D, 403B Tract: 0316.98 Block(s): 307A VTD: 0066 MARS HILL 3

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VTD: 0075 OREGON 1 VTD: 0076 OREGON 2 VTD: 0078 OREGON 4 VTD: 0090 RED ROCK VTD: OOB6 KEMP VTD: OOB8 CHEATHAM HILL 2 (Part)
Tract: 0302.07 Block(s): 804, 805, 806, 807, 808, 814, 815, 816, 817, 818, 819, 820, 821, 822, 825, 826
VTD: OOC1 OREGON 5
Education District: 2
COBB COUNTY VTD: 0011 CHATTAHOOCHEE 1 (Part) Tract: 0303.21 Block(s): 206, 207, 208, 210, 211, 212, 404B, 405B, 406B, 408B, 604, 605 VTD: 0012 CHATTAHOOCHEE 2 VTD: 0017 DOBBINS 1 VTD: 0018 DOBBINS 2 (Part) Tract: 0310.01 Block(s): 910C Tract: 0311.08 Block(s): 102H, 102J, 314B, 401D, 401E, 403, 404A, 405A, 406, 407, 408, 409B, 411D VTD: 0055 MABLETON 4 (Part) Tract: 0312.02 Block(s): 610B, 611A Tract: 0313.01 Block(s): 155A, 234, 235, 401, 402, 403, 404, 407, 423, 450, 451, 901B, 902, 903, 904, 905C, 906, 907, 908, 911, 912, 913 VTD: 0057 MARIETTA 1 (Part) Tract: 0311.09 Block(s): 101C VTD: 0070 MT. HARMONY VTD: 0071 NORTON PARK 1 (Part) Tract: 0311.05 Block(s): 107B, 136B, 137B, 139B VTD: 0072 NORTON PARK 2 (Part) Tract: 0311.07 Block(s): 201B, 202B, 203A, 203F, 203G, 203H, 203J, 206B, 217, 226B, 227, 306C, 309B, 323B VTD: 0073 OAKDALE 1 VTD: 0074 OAKDALE 2 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: OOA9 VININGS 1 VTD: GOBI VININGS 2 VTD: OOB2 VININGS 3
Education District: 3
COBB COUNTY VTD: 0002 AUSTELL

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VTD: 0015 CLARKDALE 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: 0056 MACLAND VTD: 0080 PEBBLEBROOK VTD: 0089 POWDER SPRINGS VTD: OOA6 SWEETWATER 1 VTD: OOA7 SWEETWATER 2 VTD: OOA8 SWEETWATER 3
Education District: 4
COBB COUNTY VTD: 0003 BELLS FERRY 1 VTD: 0004 BELLS FERRY 2 VTD: 0005 BELLS FERRY 3 VTD: 0006 BIG SHANTY 1 (Part) Tract: 0302.04 Block(s): 534C, 534D Tract: 0302.05 Block(s): 913C, 913D Tract: 0302.06 Block(s): 210, 211C, 211D, 211E, 231B, 233B, 234B, 236, 237B, 238, 239, 240, 241, 242, 701, 702, 703 Tract: 0302.07 Block(s): 101C, 101D, 101E, 105, 106, 107, 108B, 109, 110, 111, 112, 113E, 114B, 115C, 201D, 201E, 202, 701, 702, 703, 704, 705, 706 VTD: 0007 BIG SHANTY 2 (Part) Tract: 0302.04 Block(s): 501B, 513B, 526D, 526E, 527B, 527C, 528B, 529, 530B, 531B, 535B Tract: 0302.05 Block(s): 603B, 604, 609B, 610, 612B, 619B, 620B, 621, 901, 902, 903, 904, 905, 906, 907, 908, 909, 910, 911, 912B, 914B, 915B, 916B, 917B, 918 Tract: 0302.07 Block(s): 103C, 103D, 104B VTD: 0008 BIG SHANTY 3 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): 101B, 102B, 103B, 104B, 105, 106B, 106C, 107, 109B, 114, 115B, 115C, 1188, 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, 501C, 501D, 501E, 502B, 506B, 601, 602, 603, 604, 605, 606C, 606D, 606E, 607B, 607C, 609, 701, 702, 703B, 704B, 705B, 706C, 707, 708B, 708C, 708D, 708E, 708F, 709, 710, 711B, 711C, 711D, 712, 713B, 901C, 901D, 902B, 902C, 902D, 902E, 917E VTD: 0023 ELIZABETH 2 (Part) Tract: 0305.01

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Block(s): 501, 502, 503, 504, 703, 704, 705, 706, 707, 708, 709, 710C, 711B, 713, 714, 715, 716
VTD: 0032 FAIR OAKS 6 (Part) Tract: 0306. Block(s); 108B, 109C, HOC, 113B, 128B Tract: 0307. Block(s): 118C
VTD: 0040 CRITTERS 2 VTD: 0041 CRITTERS 3 VTD: 0042 CRITTERS 4 VTD: 0044 CRITTERS 6 VTD: 0045 CRITTERS 7 VTD: 0049 KENNESAW 1 VTD: 0050 KENNESAW 2 VTD: 0060 MARIETTA 4 (Part)
Tract: 0306. Block(s): 708G
VTD: 0065 MARS HILL 2 (Part) Tract: 0302.04 Block(s): 404B, 405B Tract: 0302.06 Block(s): 201B, 201C
VTD: OOB3 CRITTERS 8 VTD: OOB4 CRITTERS 11 (Part)
Tract: 0303.07 Block(s): 216
VTD: OOB5 CRITTERS 10 VTD: OOB7 CRITTERS 9 VTD: OOB8 CHEATHAM HILL 2 (Part)
Tract: 0302.07 Block(s): USD, 801C, 802B, 803, 823B, 824
Education District: 5
COBB COUNTY VTD: 0014 CHESTNUT RIDGE VTD: 0018 DOBBINS 2 (Part) Tract: 0305.03 Block(s): 208B 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, 601B, 601C, 601D, 602F, 602G, 602H, 602J, 602K, 602L, 603, 604D, 604E, 604F, 605C, 605D, 606C, 701B, 702, 710B, 711C, 717B, 718B, 819 VTD: 0024 ELIZABETH 3 (Part) Tract: 0305.02 Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112C, 113, 114C, 115, 116, 201B, 201C, 201D, 202C, 203, 204, 205, 206, 207, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410 VTD: 0025 ELIZABETH 4 (Part) Tract: 0305.02 Block(s): 301, 302B, 303C, 303D, 303E, 304B, 305C, 305D, 305E, 306, 307, 308, 309, 310, 316B, 317B, 317C, 318B, 319 Tract: 0305.03 Block(s): 302C, 307C, 308B, 309C, 309D, 310, 311, 312, 313, 314B, 315C, 318B, 411B, 411C, 411D, 412B, 413B VTD: 0026 ELIZABETH 5 AND SEWELL MILL 1 VTD: 0038 GARRISON MILL

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VTD: 0039 CRITTERS 1 VTD: 0043 GRITTERS 5 VTD: 0061 MARIETTA 5 (Part)
Tract: 0305.01 Block(s): 601E
Tract: 0305.02 Block(s): 201E, 607B
VTD: 0062 MARIETTA 6 (Part) Tract: 0305.03 Block(s): 316B
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: 0087 POST OAK 8 VTD: 0093 SEWELL MILL 3 AND SEWELL MILL 4 (Part)
Tract: 0305.03 Block(s): 419B, 419C
VTD: OOB4 GRITTERS 11 (Part) Tract: 0303.14 Block(s): 101, 102, 103, 106, 107, 108, 109, 110
Education District: 6
COBB COUNTY VTD: 0010 BISHOP LAKE VTD: 0016 DICKERSON VTD: 0019 DODGEN VTD: 0021 EASTSIDE VTD: 0024 ELIZABETH 3 (Part) Tract: 0305.02 Block(s): 112B Tract: 0305.03 Block(s): 301 VTD: 0025 ELIZABETH 4 (Part) Tract: 0305.03 Block(s): 302B, 302D, 303, 304, 305, 306, 401, 402B, 404, 405, 406B VTD: 0033 FULLERS 1 AND FULLERS 2 (Part) Tract: 0304.01 Block(s): 907B, 908, 920B, 920C VTD: 0035 FULLERS 3 (Part) Tract: 0304.02 Block(s): 109, 110, 111, 112, 114, 115, 116, 117, 118, 119, 120, 121, 123, 124, 125, 126 VTD: 0037 FULLERS 5 VTD: 0062 MARIETTA 6 (Part) Tract: 0304.01 Block(s): 920D VTD: 0067 MT. BETHEL 1 VTD: 0068 MT. BETHEL 2 VTD: 0069 MT. BETHEL 3 VTD: 0079 PARKAIRE VTD: 0086 POST OAK 6 VTD: 0092 SEWELL MILL 2 VTD: 0093 SEWELL MILL 3 AND SEWELL MILL 4 (Part) Tract: 0304.01

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Block(s): 106, 117, 118, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 901B, 902, 903, 904, 905, 906B, 909, 910, 911, 912, 913, 914, 915, 916, 917, 918, 919B, 920E
Tract: 0304.02 Block(s): 122, 127
VTD: OOA3 SOPE CREEK 1 VTD: OOA4 SOPE CREEK 2 VTD: OOA5 SOPE CREEK 3
Education District: 7
COBB COUNTY VTD: 0009 BIRNEY 1 VTD: 0011 CHATTAHOOCHEE 1 (Part) Tract: 0303.21 Block(s): 201, 202, 203, 204, 205, 209, 301, 401, 402B, 402C 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, 102B, 301B, 301C, 401C, 401D, 401E, 401F, 501D 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, 910L, 910M, 910N, 910P, 913, 914, 915A, 915B, 915C, 915D, 916, 917, 918, 919A, 919B, 920, 921, 922, 923, 924A, 924B, 924C, 925B, 925C Tract: 0311.08 Block(s): 202B, 209B, 301, 302, 303B, 305, 306, 307, 309, 310B, 311, 312, 313B, 313C, 316, 317, 318, 320B, 321B, 322, 404B, 405C 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: 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: 0033 FULLERS 1 AND FULLERS 2 (Part) Tract: 0304.02 Block(s): 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 216, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 601B, 602, 603, 604B, 605, 606, 608, 609, 611, 613, 614, 615B, 649, 650 Tract: 0304.05
Block(s): 205B, 301, 302, 303, 304, 401C, 401D, 401E, 402B, 403, 404, 405, 406B, 407C, 501, 502, 503, 504, 601B, 601C, 602B, 603C, 701B, 702, 703, 704B, 901, 902, 903, 904, 905

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VTD: 0035 FULLERS 3 (Part) Tract: 0304.02 Block(s): 201, 212, 213, 214, 215
VTD: 0036 FULLERS 4 VTD: 0055 MABLETON 4 (Part)
Tract: 0313.01 Block(s): 206, 207, 208, 209, 210, 214, 215, 216, 217, 218, 233, 405, 406, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422
VTD: 0057 MARIETTA 1 (Part) Tract: 0304.06 Block(s): 402B
VTD: 0062 MARIETTTA 6 (Part) Tract: 0304.05 Block(s): 203B
VTD: 0063 MARIETTA 7 (Part) Tract: 0304.06 Block(s): 602D
VTD: 0071 NORTON PARK 1 (Part) Tract: 0311.05 Block(s): 105B, 112, 116D, 116E, 116F, 116G, 117, 118, 124B, 126B, 126C, 127, 128B, 129, 130B, 130C, 132, 135C, 136C, 601, 602, 603, 604, 615, 620, 621, 623, 624, 625 Tract: 0311.06 Block(s): 409, 410 Tract: 0311.07 Block(s): 404, 405, 406, 407, 408, 411, 413, 414, 415, 419, 420, 422,
VTD: 0072 NORTON PARK 2 (Part) Tract: 0311.05 Block(s): 113, 114, 131, 134, 139C, 605, 606, 607, 608, 609B, 610, 611, 612, 613, 614, 616, 617, 618, 619, 622, 627 Tract: 0311.06 Block(s): 412 Tract: 0311.07 Block(s): 315B, 401B, 402, 403, 409A, 409C, 409D, 410, 416B, 417, 418B, 421B
VTD: 0077 OREGON 3 VTD: 0093 SEWELL MILL 3 AND SEWELL MILL 4 (Part)
Tract: 0305.03 Block(s): 201, 202B, 203, 204, 205B, 205C, 206, 501B, 502C, 503B, 503C, 504, 505, 506, 507, 508
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 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 the Cobb County School District which is not included in any education district described in this section shall be included within that education district contiguous

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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 the Cobb County School District which is described in this section as being included in a particular education district shall nevertheless not be included within such education district if such part is not contiguous to such education district. Such non contiguous 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."
Section 2. Said Act is further amended by striking from subsection (b) of Section 2 thereof the following:
". The electorate of the Cobb County School District from the entire county as a whole shall vote on the candidates offering for election from each of the seven (7) education districts.",
and inserting in its place the following:
"and that member shall be elected only by the voters of that education district voting for such office and not by the voters of the entire county.",
so that when so amended said subsection shall read as follows:
"(b) There shall be elected to the Board of Education of Cobb County one member from each of said education districts. To be eligible for membership on the board to re present an education district, a person must reside in the education district which he repre sents. There shall be one member of the Board from each education district and that mem ber shall be elected only by the voters of that education district voting for such office and not by the voters of the entire county. No person residing within the territory embraced within an independent school system shall be eligible to vote in an election for members of the Board, nor shall any such person be eligible to serve on the Board. In order to be eligible as a member of the Cobb County Board of Education, a candidate must be a resident from the education district from which they offer, must be a citizen of the United States of America, must have been a resident of the Cobb County School District for at least twelve months immediately preceding the date of the election, and a qualified elector of Cobb County."
Section 3. The members of the Board of Education of Cobb County in office on March 1, 1992, and any person selected to fill a vacancy in such office, shall continue to serve out the terms of office to which they were elected. The new education districts provided in this Act shall apply to the nomination and election of successors to the members of the board of education whose terms of office expire in 1992 and thereafter.
Section 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended, it shall be the duty of the attorney of the Cobb County Board of Education to submit this Act to the United States Attorney General for 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 50, nays 0, and the substitute was adopted.
HB 2075:
Senator Pollard of the 24th offered the following substitute to HB 2075:
A BILL
To be entitled an Act to provide for the method of filling vacancies in the membership of the Hospital Authority of McDuffie County; to provide for selection criteria; to provide

TUESDAY, MARCH 24, 1992

2251

for terms of office; to provide for limitations; to provide for the authority for this Act; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Appointments to fill vacancies on the board of the Hospital Authority of McDuffie County for either an unexpired or full term shall be made in the following manner:
(1) The governing body of the area of operation shall submit a list of three eligible persons to the board of the hospital authority.
(2) The board at its next regular meeting shall either select one of the three persons named in such list or decline to select any of the persons named in the list. If the board declines to select any of the persons named on the list, it shall so notify the governing body.
(3) Upon receipt of notification that the board has declined to select any of the persons named in the governing body's list, the governing body shall submit a second list of three eligible persons, no one of whom was named on the first list, to the board of the hospital authority. The board at its next regular meeting after receipt of the second list shall select one of the three persons named in the second list.
(4) The board shall be composed so as to include a representative cross section of the residents of McDuffie County and shall include one member who shall be the chief of medi cal staff of the McDuffie County Hospital and other members who have experience in the areas of finance and business management.
Section 2. Members of the board of the hospital authority shall be appointed for terms of office of four years and until their successors are appointed and qualified. Commencing with terms of office beginning on or after the effective date of this Act, no members shall succeed themselves more than once until after the expiration of four years from the conclu sion of their second term of office.
Section 3. This Act is enacted pursuant to the authority of subsection (c) of Code Sec tion 31-7-72 of the O.C.G.A.
Section 4. All laws and parts of laws in conflict with this Act are repealed.

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

HB 2055:

Senator Hooks of the 14th offered the following amendment:

Amend HB 2055 by striking in their entireties lines 7 through 16 of page 5 and by redesignating Section 3 as Section 2.

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 by substitutes and amendment.

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 Burton Clay

Coleman Collins Dawkins

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JOURNAL OF THE SENATE

Deal Dean Echols Edge Egan English fGoasrtneer r Gillis
Hammill
Harris Hasty Henson Hill

Hooks Huggins Johnson Marable Moye Newbill PPeerrdryue Phillips
Pollard
Ragan of 10th Ragan of 32nd Ramsey Ray

Robinson Scott Starr Steinberg Tate T lor ,,T,h, ompson Timmons
Turner
Tysinger Walker of 22nd Walker of 43rd White

Those not voting were Senators:

Alien Bishop

Bowen Kidd

Langford Shumake

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

All the bills on the Senate Local Consent Calendar, except HB 1843, HB 2052, HB 2055 and HB 2075, having received the requisite constitutional majority, were passed.

HB 1843, HB 2052 and HB 2075, having received the requisite constitutional majority, were passed by substitute.

HB 2055, having been passed on March 23, reconsidered and placed on the Senate Lo cal Consent Calendar for today, and having received the requisite constitutional majority, was passed as amended.

Senator Deal of the 49th, President Pro Tempore, assumed the Chair.

The following uncontested population bills of the House, favorably reported by the committee as listed on the SENATE GENERAL CONSENT CALENDAR FOR POPULA TION BILLS, were put upon their passage:

SENATE GENERAL CONSENT CALENDAR FOR POPULATION BILLS
Tuesday, March 24, 1992
THIRTY-SEVENTH LEGISLATIVE DAY

HB 1725 Kidd, 25th PUTNAM COUNTY

Kidd, 25th WILKINSON COUNTY

Johnson, 47th PIKE COUNTY
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; and for other purposes.

HB 1891 Broun, 46th CLARKE COUNTY

Garner, 30th Moye, 34th

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2253

Baldwin, 29th Garner, 30th CARROLL COUNTY

DOUGLAS COUNTY
Hasty, 51st Ramsey, 54th WHITFIELD COUNTY

A bill to amend Code Section 48-5-492 of the Official Code of Georgia Anno tated, relating to issuance of mobile home location permits, so as to change the provisions relating to population brackets and the census relative to the time for obtaining a permit in certain counties; and for other purposes.

HB 1892 Marable, 52nd FLOYD COUNTY
Phillips, 9th White, 48th GWINNETT COUNTY
Broun, 46th CLARKE COUNTY

Baldwin, 29th Garner, 30th CARROLL COUNTY
Garner, 30th Moye, 34th DOUGLAS COUNTY

Hasty, 51st Ramsey, 54th WHITFIELD COUNTY
A bill to amend Code Section 48-5-301 of the Official Code of Georgia Anno tated, 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; and for other purposes.

HB 1893 Broun, 46th CLARKE COUNTY
Baldwin, 29th Garner, 30th CARROLL COUNTY

Garner, 30th Moye, 34th DOUGLAS COUNTY
Hasty, 51st Ramsey, 54th WHITFIELD COUNTY

A bill to amend Code Section 48-5-18 of the Official Code of Georgia Anno tated, relating to the time for making tax returns, so as to change the provi sions relating to population brackets and the census relative to the time for making tax returns in certain counties; and for other purposes.

HB 1894 Broun, 46th CLARKE COUNTY
Baldwin, 29th Garner, 30th CARROLL COUNTY

Garner, 30th Moye, 34th DOUGLAS COUNTY
Hasty, 51st Ramsey, 54th WHITFIELD COUNTY

A bill to amend Code Section 48-5 148 of the Official Code of Georgia Anno tated, relating to interest on unpaid ad valorem taxes, rate, and records of interest and taxes collected, so as to change the provisions relating to popula tion brackets and the census relative to interest on unpaid ad valorem taxes in certain counties; and for other purposes.

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JOURNAL OF THE SENATE

HB 1895 Broun, 46th CLARKE COUNTY
Baldwin, 29th Garner, 30th CARROLL COUNTY

Garner, 30th Moye, 34th DOUGLAS COUNTY
Hasty, 51st Ramsey, 54th WHITFIELD COUNTY

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; and for other purposes.

HB 1896 Broun, 46th CLARKE COUNTY
Baldwin, 29th Garner, 30th CARROLL COUNTY

Garner, 30th Moye, 34th DOUGLAS COUNTY
Hasty, 51st Ramsey, 54th WHITFIELD COUNTY

A bill to amend Code Section 48-5-45 of the Official Code of Georgia Anno tated, relating to applications for homestead exemptions, so as to change the provisions relating to population brackets and the census relative to applica tions for homestead exemptions in certain counties; and for other purposes.

HB 1897 Broun, 46th CLARKE COUNTY
Baldwin, 29th Garner, 30th CARROLL COUNTY

Garner, 30th Moye, 34th DOUGLAS COUNTY
Hasty, 51st Ramsey, 54th WHITFIELD COUNTY

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 rela tive to the time for completion of revision and assessment of returns in cer tain counties; and for other purposes.

HB 2000 Turner, 8th ECHOLS COUNTY

Timmons, llth WEBSTER COUNTY

Timmons, llth QUITMAN COUNTY

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; and for other purposes.

HB 2001 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 population of not less than 5,150 and not more than 5,300; and for other purposes.

TUESDAY, MARCH 24, 1992

2255

HB 2027 Ragan, 32nd Thompson, 33rd Clay, 37th Newbill, 56th COBB COUNTY

Phillips, 9th White, 48th GWINNETT COUNTY

A bill to amend Code Section 31-3-2 of the Official Code of Georgia Anno tated, relating to the composition of county boards of health, so as to revise the population 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; and for other purposes.

HB 2044 Moye, 34th Langford, 35th Scott, 36th Tate, 38th Egan, 40th Newbill, 56th FULTON COUNTY
Ragan, 32nd Thompson, 33rd Clay, 37th Newbill, 56th COBB COUNTY

Burton, 5th Tysinger, 41st Steinberg, 42nd Walker, 43rd Henson, 55th DEKALB COUNTY
Phillips, 9th White, 48th GWINNETT COUNTY

A bill to amend Code Section 22-2-84 of the Official Code of Georgia Anno tated, 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 popu lation figures describing counties in which the judge of the superior court shall fix costs to be paid to assessors by the condemning county; and for other purposes.

HB 2045 Burton, 5th Tysinger, 41st Steinberg, 42nd Walker, 43rd Henson, 55th DEKALB COUNTY
Moye, 34th Langford, 35th Scott, 36th

Tate, 38th Egan, 40th Newbill, 56th FULTON COUNTY
Ragan, 32nd Thompson, 33rd Clay, 37th Newbill, 56th COBB COUNTY

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 mu nicipalities shall be subject to said article; and for other purposes.

HB 2047 Dawkins, 45th WALTON COUNTY

Foster, 50th STEPHENS COUNTY

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 census shall hold its regular monthly meeting on the first Tues day in each month at the county courthouse; and for other purposes.

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JOURNAL OF THE SENATE

HB 2048 Foster, 50th HABERSHAM COUNTY

Foster, 50th STEPHENS COUNTY

Gillis, 20th TOOMBS COUNTY
A bill to amend Chapter 1 of Title 36 of the Official Code of Georgia Anno tated, relating to general provisions regarding local government, so as to re peal 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; and for other purposes.

HB 2054 Burton, 5th Tysinger, 41st Steinberg, 42nd Walker, 43rd Henson, 55th DEKALB COUNTY
Moye, 34th Langford, 35th Scott, 36th

Tate, 38th Egan, 40th Newbill, 56th FULTON COUNTY
Ragan, 32nd Thompson, 33rd Clay, 37th Newbill, 56th COBB COUNTY

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; and for other purposes.

HB 1157 Huggins, 53rd Ramsey, 54th CATOOSA COUNTY
Ramsey, 54th CHATTOOGA COUNTY
Huggins, 53rd DADE COUNTY
Huggins, 53rd WALKER COUNTY
Hill, 4th TATTNALL COUNTY
Deal, 49th Newbill, 56th FORSYTH COUNTY
Hammill, 3rd Hill, 4th BRYAN COUNTY
Hill, 4th EVANS COUNTY

Kidd, 25th MORGAN COUNTY
Kidd, 25th PUTNAM COUNTY
Hammill, 3rd LIBERTY COUNTY
Hill, 4th LONG COUNTY
Hammill, 3rd MCINTOSH COUNTY
Clay, 37th Hasty, 51st CHEROKEE COUNTY
Collins, 17th BUTTS COUNTY
Collins, 17th HENRY COUNTY
Harris, 27th LAMAR COUNTY

TUESDAY, MARCH 24, 1992

2257

Foster, 50th WHITE COUNTY

Harris, 27th MONROE COUNTY

Kidd, 25th BALDWIN COUNTY

Foster, 50th DAWSON COUNTY

Pollard, 24th GREENE COUNTY

Deal, 49th HALL COUNTY

Kidd, 25th HANCOCK COUNTY

Foster, 50th LUMPKIN COUNTY

Kidd, 25th JASPER COUNTY

Kidd, 25th WILKINSON COUNTY

Pollard, 24th JONES COUNTY

Broun, 46th CLARKE COUNTY

Broun, 46th OCONEE COUNTY
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; and for other purposes.

HB 1158 Huggins, 53rd Ramsey, 54th CATOOSA COUNTY
Ramsey, 54th CHATTOOGA COUNTY
Huggins, 53rd DADE COUNTY
Huggins, 53rd WALKER COUNTY
Hill, 4th TATTNALL COUNTY
Deal, 49th Newbill, 56th FORSYTH COUNTY
Hammill, 3rd Hill, 4th BRYAN COUNTY
Hill, 4th EVANS COUNTY
Foster, 50th WHITE COUNTY

Kidd, 25th PUTNAM COUNTY
Hammill, 3rd LIBERTY COUNTY
Hill, 4th LONG COUNTY
Hammill, 3rd MCINTOSH COUNTY
Clay, 37th Hasty, 51st CHEROKEE COUNTY
Collins, 17th BUTTS COUNTY
Collins, 17th HENRY COUNTY
Harris, 27th LAMAR COUNTY
Harris, 27th MONROE COUNTY
Foster, 50th DAWSON COUNTY

2258

JOURNAL OF THE SENATE

Kidd, 25th BALDWIN COUNTY
Pollard, 24th GREENE COUNTY
Kidd, 25th HANCOCK COUNTY
Kidd, 25th JASPER COUNTY
Pollard, 24th JONES COUNTY
Kidd, 25th MORGAN COUNTY

Deal, 49th HALL COUNTY
Foster, 50th LUMPKIN COUNTY
Kidd, 25th WILKINSON COUNTY
Broun, 46th CLARKE COUNTY
Broun, 46th OCONEE COUNTY

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 hav ing a population of not less than 103,000 and not more than 135,000 accord ing to the United States decennial census of 1970 or any future such census, so as to change the provisions relative to population; and for other purposes.

The report of the committee, which was favorable to the passage of the bills as re ported, was agreed to.

On the passage of all the bills on the SENATE 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 Bowen Broun of 46th Brown of 26th Burton Clay Collins Dawkins Dean Echols English Foster Garner

Hammill Harris Hasty Hill Hooks Huggins Johnson 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 Walker of 43rd White

Those not voting were Senators:

Bishop Coleman Deal (presiding) Edge

Egan Gillis Henson Kidd

Langford Shumake Steinberg

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

TUESDAY, MARCH 24, 1992

2259

All the bills on the SENATE GENERAL CALENDAR FOR POPULATION BILLS, having received the requisite constitutional majority, were passed.
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 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.
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 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 42-8-34 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.
The Speaker has appointed on the part of the House, Representatives Colwell of the 4th, Groover of the 99th and Bostick of the 138th.
The House insists on its position in substituting the following bill of the Senate:
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.
The House has passed by the requisite constitutional majority the following bill of the House:
HB 586. By Representatives Alford of the 57th, Oliver of the 53rd and Dover of the llth:
A bill to amend an Act approved March 16, 1971, and an Act approved April 16, 1979, relating to the Metropolitan Atlanta Rapid Transit Authority and the Met ropolitan Atlanta Rapid Transit System, so as to repeal provisions prohibiting appropriations by the State of Georgia to the Metropolitan Atlanta Rapid Transit Authority and certain legislative statements of intent.

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JOURNAL OF THE SENATE

SENATE RULES CALENDAR
Tuesday, March 24, 1992
THIRTY-SEVENTH LEGISLATIVE DAY
HB 1679 Workers' Compensation Board--appeals (Substitute) (I&L--24th)
HB 1657 Congressional Districts--provide for composition of 11 districts (Amendment) (Reappor--43rd)
HB 1340 Reapportionment--House districts (Amendment) (Reappor--43rd)
HB 1185 Enticing Child for Indecent Purposes--penalty provisions (Judy--29th)
HR 732 General Obligation Debt--loans to local governments for waste recycle (Approp--45th)
HB 457 Human Remains/Burial Objects Found on State Property--provisions (Gov Op--49th)
HB 1386 Solid Waste Management--additional powers of Board of Natural Resources (Substitute) (Amendment) (Nat R--40th)
HB 1821 Executors, Trustees--investments (B&FI--8th)
HR 648 Gerontology Instruction at University System By Year 2000--urge Regents (H Ed--3rd)
HB 968 Patient Comatose--authorize withholding life-sustaining procedures (Substitute) (H&HS--22nd)
HB 1663 Electricity--safeguards relating to high-voltage line contact (F&PU--18th)
HB 1873 Education--quick start training program (Ed--10th)
HB 1391 Environmental Facilities Authority--funds used for solid waste loan purposes (Nat R--45th)
HR 997 Certain Local Act of 1991 Amending Constitution--clarify meaning (U&CA G--44th)
HB 1116 Municipal Corporations--agents may serve certain summons, orders (Substitute) (Judy--29th)
HB 1200 Commercial Feeds--publication of information on sales, use, etc. (Ag--21st)
HB 1187 Controlled Substances Therapeutic Research Act--certain punishments (Judy--29th)
HB 1687 Child Support Receivers--collection of court costs, service fees (Substitute) (S Judy--24th)
HB 1294 Homicide by Aircraft--when DUI causes death (Judy--45th)
HB 1378 Public Records--computerized index printed every twenty days (Judy--49th)
SR 277 Senate Dental Hygienists Licensing Study Committee--create (Rules--26th)
HB 1613 Sheriffs--qualifications (Gov Op--34th)
HB 124 Waste Management--regulate toxic heavy metals in packaging waste (Amend ment) (Nat R--40th)
HB 1574 Physical Therapists--comprehensive revision (Substitute) (Amendment) (Gov Op--25th)
HB 1004 Secretary of State--user fees for public information services (F&PU--44th)
HB 1256 Sales Tax--certain amusement machine revenues exempt (F&PU--55th)
HB 1356 Local Boards of Education--activity programs before, after school (H&HS--22nd)
HB 1769 Inmates--credit account for medical costs, destruction of property (Substitute) (Corr--4th)

TUESDAY, MARCH 24, 1992

2261

HR 133 Peach County--annexation of certain state property (F&PU--14th) HB 1201 Pet Dealers, Kennel, Stable Operators--license fees (Ag--21st) HB 1377 Income Tax--redefine taxable nonresident (F&PU--29th) HB 1230 Public School Employees Retirement System--eligibility for retirement
(Ret--24th) HB 1405 Revenue and Taxation--provide tax amnesty program (F&PU--45th) HB 1439 Air Quality Act--revise (Nat R--20th) HB 1219 Accountants/Accounting Services--breaches of contract (Substitute)
(B&FI--18th) HB 1914 Used Automobile Parts Dealers, Salvage Dealers--powers of the board
(Gov Op--1st) HB 1408 Planning and Zoning--inactive municipalities (U&CA G--27th) HB 1399 Income Tax--business tax credit, certain counties (F&PU--45th) HB 1710 Felony Cases--change size of jury panel (Judy--2nd) HB 501 Sheriffs' Retirement--prior service credit for filling vacancy (Ret--20th) HB 1170 Sick, Injured Inmate--reimburse state, county, city for medical services
(Corr--25th) HB 551 District Attorneys Retirement--spouse benefit option for district attorneys emer
itus (Ret--38th) HB 1290 Roofing Contractors--licensing, regulations (Amendment) (Gov Op--30th) HB 1618 Mclntosh County Superior Court--two terms per year (S Judy--3rd) HB 143 Engineers, Land Surveyors--change certain terms (Substitute) (I&L--41st) HB 1314 Certain Deceptive Publication of Local Phone Numbers--prohibit
(F&PU--44th) HR 772 Ostrich Farming--urge study feasibility (Ag--21st) HR 787 Wilcox County--easement for sanitary sewer main, state property (F&PU--19th) HR 788 Glynn County--easement for marina on state property (F&PU--3rd) HR 790 Reinhardt College Parkway--designate (Trans--51st) HR 829 Clarke County--easement for sanitary sewer line, state property (F&PU--46th) HR 838 Seabees Month in Georgia--designate March (Rules--48th) HR 839 Riley C. Thurmond Bridge--designate (Trans--51st) HR 841 Gordon County--conveyance of certain state property (F&PU--51st) HR 845 Grady Mallard--commend and designate Grady Mallard Bridge (Trans--21st) HR 874 Admiral Mack Gaston Parkway--designate (Trans--54th) HR 875 Colonel Tom Parrott Parkway--designate (Trans--51st) HR 881 Walter F. George Tribute Commission--create (Rules--13th) HR 894 Joint Study Committee on Local Government Services--create (Rules--31st) HR 926 Albert D. Clifton Memorial Highway--designate (Trans--4th) HR 939 Clarke County--conveyance of certain interest in state property (F&PU--46th) HR 966 Pulaski County--easement for water, sanitary sewer lines, state property (Substi
tute) (F&PU--22nd) HR 976 Martin Dooley Parkway--designate (Trans--54th) HR 978 Harry Leon Simpson Parkway--designate (Trans--54th) HR 1017 Moultrie--annexation of certain state property (F&PU--13th)

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JOURNAL OF THE SENATE

SR 512 Senate Sunshine in Litigation Study Committee--create (Substitute) (Rules--15th)
Respectfully submitted,
/s/ Nathan Dean of the 31st, Chairman Senate Rules Committee
The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage:
HB 1679. By Representatives 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 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.
Senate Sponsor: Senator Pollard of the 24th.
The Senate Committee on Insurance and Labor offered the following substitute to HB 1679:
A BILL
To be entitled an Act 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 such chapter; to provide for guidelines for impairment ratings; 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; to provide for subrogation liens; to provide for matters relative to actions against persons other than the employer; to provide for amounts which may be recovered by an employer; to provide for the payment of attorney's fees; to provide that a workers' compensation insurer shall not be authorized to settle a claim on behalf of an insured employer without giving prior notice to such employer; to provide for the assessment of penalties and fines by the State Board of Workers' Compensation; to provide for the appointment and functions of the Workers' Compensation Advisory Council; to establish the trial division and appellate division of the State Board of Workers' Compen sation; to provide for the functions and authority of the trial and appellate divisions; to provide for the publication, distribution, and posting of a summary relative to the rights, benefits, and obligations of the chapter; to revise provisions relative to hearings; to revise provisions relating to a change in condition; to revise provisions relative to attorney's fees; to restrict certain advertisements by attorneys; to provide for the submission of an experi ence modification worksheet to an insured employer; to provide for rules and regulations regarding criteria used in determining assigned risks; to revise provisions relative to rehabil itation benefits; to revise the definition of catastrophic injury; to revise provisions relative to the panel of physicians; to provide for the release of certain medical records and information and for waivers of confidentiality relative to such records and information; to provide for reductions in the amount of compensation an employer is entitled to pay; to revise benefits payable for total disability and temporary partial disability; to increase the compensation paid for death resulting from an injury; to provide for other matters relative to the forego ing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to

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2263

workers' compensation, is amended by striking paragraph (5) of Code Section 34-9-1, relat ing to definitions, and inserting in its place a new paragraph (5) to read as follows:
"(5) In all cases arising under this chapter, any percentage of disability or bodily loss ratings shall be based upon 'Guides to the Evaluation of Permanent Impairment' published by the American Medical Association of any other recognized medical books or guidca."
Section 2. Said chapter is further amended by adding immediately following Code Sec tion 34-9-11, relating to the exclusively of rights and remedies granted to employees under said chapter, a new Code Section 34-9-11.1 to read as follows:
"34-9-11.1. (a) When the injury or death for which compensation is payable under this chapter is caused under circumstances creating a legal liability against some person other than the employer, the injured employee or those to whom his right of action survives at law may pursue the remedy by proper action in a court of competent jurisdiction against such other persons, except as precluded by Code Section 34-9-11 or otherwise.
(b) In the event of recovery against such other person as contemplated in subsection (a) of this Code section, and the employer's liability under this chapter has been fully or par tially paid, then the employer shall have a subrogation lien, not to exceed the actual amount of compensation paid pursuant to this chapter, against such recovery. The employer may intervene in any action to protect and enforce such lien. However, the employer's recovery under this Code section shall be limited to the recovery of the amount of disability benefits and medical expenses paid under this chapter.
(c) Such action against such other person by the injured employee or those to whom his right of action survives must be instituted in all cases within one year from the date of injury. Failure on the part of the injured employee or those to whom his right of action survives to bring such action within the one-year period shall operate as an assignment to the employer of any cause of action in tort which the injured employee or those to whom his right of action survives may have against any other person for such injury or death, and such employer may enforce same in its name or in the name of the injured employee or in the name or names of those to whom the right of action survives for such employer's benefit. However, the employer may not retain any amount in excess of the limit of recovery allowed under subsection (b) of this Code section, and any net recovery in excess of that limit shall be paid over to the injured employee or those to whom the right of action survives. The employer shall have one year after such assignment within which to commence the action; provided, however, that if the cause of action described in subsection (a) of this Code sec tion arises in a jurisdiction other than Georgia which has a statute of limitations for per sonal injury or wrongful death actions greater than the statute of limitations provided in this Code section, then the court hearing the cause of action shall apply the statute of limi tation which provides the injured employee or those to whom his right of action survives the greatest amount of time in which to institute an action.
(d) In the event of a recovery from such other person by the injured employee or those to whom such employee's right of action survives by judgment, settlement, or otherwise, the attorney representing such injured employee or those to whom such employee's right of action survives shall be entitled to a reasonable fee for services; provided, however, that if the employer has engaged another attorney to represent the employer in effecting recovery against such other person, then a court of competent jurisdiction shall upon application apportion the reasonable fee between the attorney for the injured employee and the attor ney for the employer in proportion to services rendered. The provisions of Code Sections 1519-14 and 15-19-15 shall apply."
Section 3. Said chapter is further amended by striking Code Section 34-9-15, relating to the procedure for settlement between parties generally, and inserting in its place a new Code Section 34-9-15 to read as follows:
"34-9-15. Nothing contained in this chapter shall be construed so as to prevent settle ments made by and between the employee and employer but rather to encourage them, so long as the amount of compensation and the time and manner of payment are in accordance

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with this chapter. A workers' compensation insurer shall not be authorized to settle a claim on behalf of its insured employer without giving prior notice to such employer of the terms of the settlement agreement. A copy of any such settlement agreement shall be filed by the employer with the board, and no such settlement shall be binding until approved by the board. Whenever it shall appear to the board, by stipulation of the parties or otherwise, that there is a bona fide dispute as to facts, the determination of which will materially affect the right of the employee or dependent to recover compensation or the amount of compensation to be recovered, or that there is a genuine dispute as to the applicability of this chapter, and it further appears that the parties have agreed upon a settlement between themselves, which settlement gives due regard and weight to the conflicting evidence available relating to the disputed facts or to the questions as to the applicability of this chapter, then, upon such determination, the board shall approve the settlement and enter an award conforming to the terms thereof even though such settlement may provide for the payment of compensa tion in a sum or sums less than would be payable if there were no conflict as to the em ployee's right to recover compensation. When such settlement has been agreed upon and approved by the board, it shall constitute a complete and final disposition of all claims on account of the incident, injury, or injuries referred to therein, and the board shall not be authorized to enter upon any award subsequent to such board approval amending, modify ing, or changing in any manner the settlement, nor shall the settlement be subject to review by the board under Code Section 34-9-104."
Section 4. Said chapter is further amended by striking Code Section 34-9-16, relating to questions to be settled by the members of the board, in its entirety and inserting in its place a new Code Section 34-9-16 to read as follows:
"34-9-16. All questions arising under this chapter shall be determined by the trial divi sion and the appellate division of the board if the interested parties cannot reach an agreement which is approved by the board."
Section 5. Said chapter is further amended by striking Code Section 34-9-18, relating to the assessment of civil penalties by the board, in its entirety and inserting in its place a new Code Section 34-9-18 to read as follows:
"34-9-18. (a) Any employer or insurer person who willfully fails to file any form or re port required by the board, fails to follow any order or directive of the board or any of its members or administrative law judges, or violates any rule or regulation of the board shall be assessed a civil penalty of not less than $100.00 nor more than $1,000.00 per violation.
(b) Any penalty assessed under subsection (a) of this Code section shall be final unless within ten days of the date of the assessment the employer or insurer person fined files a written request with the board for a hearing on the matter."
Section 6. Said chapter is further amended by adding immediately following Code Sec tion 34-9-40, relating to the establishment of the State Board of Workers' Compensation, a new Code Section 34-9-40.1 to read as follows:
"34-9-40.1. (a) There is created and established a Workers' Compensation Advisory Council to be composed of ten members as provided in this subsection. The Governor shall appoint three members from the general public, one of whom shall represent the interests of labor, one of whom shall represent the interests of management, and one member who shall not represent any particular interest. The members appointed by the Governor shall serve for terms of four years beginning January 1, 1993. The Speaker of the House of Representa tives shall appoint three members of the House of Representatives to serve on the ^dvisory council for terms running concurrently with their terms of office. The Lieutenant Governor shall appoint three members of the Senate to serve on the advisory council for terms run ning concurrently with their terms of office. The chairman of the State Board of Workers' Compensation shall serve as an ex officio member of the advisory council.
(b) The members of the advisory council shall elect a member other than the chairman

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of the State Board of Workers' Compensation to serve as chairman of the council. The advi sory council shall aid the members of the State Board of Workers' Compensation in formu lating policies and discussing problems related to the administration and operation of this chapter.
(c) The members of the advisory council shall serve without compensation."
Section 7. Said chapter is further amended by striking in its entirety Code Section 34-947, relating to appointment and powers of administrative law judges, which reads as follows:
"34-9-47. The board may appoint administrative law judges from time to time as needed to carry out all duties assigned by the board. Administrative law judges shall serve as hearing officers and exercise judicial functions in implementing this chapter and shall have the power to subpoena witnesses and administer oaths and may take testimony in such cases as the board may deem proper. An administrative law judge so hearing a case shall make the award just as would a member of the board as provided elsewhere in this chapter, such award to be subject to review and appeal as is the award of a single member of the board. The members of the board or administrative law judges or any one of them may hold such sessions as may be deemed necessary at any place within the state, subject to the other provisions of this chapter. Administrative law judges may be appointed by the board to serve as a member of the board to review cases on appeal; however, not more than one administrative law judge shall serve as a member of the board on any case. All deputy direc tors of the board serving on July 1, 1988, shall thereafter be known as administrative law judges.",
and inserting in its place a new Code Section 34-9-47 to read as follows:
"34-9-47. (a) There is created and established within the State Board of Workers' Com pensation a trial division and an appellate division, which shall exercise judicial functions in implementing this chapter.
(b) The appellate division shall be composed of the three members of the board who shall serve as appellate administrative law judges. The chairman of the board shall serve as chief administrative law judge of the appellate division.
(c) The trial division shall be composed of administrative law judges appointed by the board who shall serve as hearing officers and exercise judicial functions in implementing this chapter. Administrative law judges shall have the power to subpoena witnesses and adminis ter oaths and may take testimony in those cases brought before the board. An administra tive law judge hearing a case shall make an award, subject to review and appeal as provided in this chapter.
(d) The appellate division and trial division of the board may hold such sessions as may be deemed necessary at any place within the state, subject to other provisions of this chapter."
Section 8. Said chapter is further amended by striking Code Section 34-9-48, relating to the designation of members as administrative law judges, in its entirety and inserting in its place a new Code Section 34-9-48 to read as follows:
"34-9-48. All members of the board are designated as appellate administrative law judges in the appellate division of the State Board of Workers' Compensation for the pur poses of serving as hearing officers and exercising judicial functions in the implementation of this chapter."
Section 9. Said chapter is further amended by striking Code Section 34-9-81.1, relating to the duty of the State Board of Workers' Compensation to provide injured workers with notice of rights, benefits, and obligations, in its entirety and inserting in its place a new Code Section 34-9-81.1 to read as follows:
"34-9-81.1. (a) Upon receipt of notice of injury from the employer, as provided in sub section (a) of Co'eTc Section 34-0-12, or any other indication of compensablc injury, the board

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shall as soon as practicable provide the injured worker with notice of his or her rights, bene fits, and obligations under this chapter together with a brief explanation of the operation of such chapter. This Code section shall become effective January 1, 1084. The board shall provide by rule for the publication of a summary of the rights, benefits, and obligations under this chapter and the distribution of such summary to employers and employees in this state. The board shall provide by rule for the display of such summary by employers in locations accessible to employees?
(b) Any person who fails or refuses to comply with a rule of the board promulgated pursuant to subsection (a) of this Code section shall be subject to an administrative fine not to exceed $1,000.00?7
Section 10. Said chapter is further amended by striking subsections (a) and (c) of Code Section 34-9-102, relating to hearings before an administrative law judge, in their entirety and inserting in their respective places new subsections (a) and (c) to read as follows:
"(a) Notice of hearing. The hearing shall be held as soon as practicable; provided, how ever, no hearing shall be scheduled less than 30 days nor more than 60 days from the date of the hearing notice."
"(c) Authority of administrative law judge. The administrative law judge conducting the hearing shall have, in addition to all powers necessary to implement this chapter, the follow ing powers: to administer oaths and affirmations, to issue subpoenas, to rule upon offers of proof, to regulate the course of the hearing, to set the time and place for continued hearings, to fix the time for filing briefs, to dispose of motions to dismiss for lack of board jurisdic tion, to rule on requests for continuance, to add or delete parties with or without motion, to issue interlocutory orders, to rule upon or dispose of all other motions, to appoint guardians under Code Section 34-9-226, and to reprimand or exclude from the hearing any person for any indecorous or improper conduct committed in the presence of the administrative law judge, and to require any party to provide the board with the name of its legal representa tive, iT any, within 21 days from the date of the hearing notice."
Section 11. Said chapter is further amended by striking subsection (a) of Code Section 34-9-104, relating to the modification of an award or order contained in a prior decision in the event of a change in condition, and inserting in its place a new subsection (a) to read as follows:
"(a) (1) As used in this Code section, the term 'change in condition' means a change in the wage-earning capacity, physical condition, or status of an employee or other beneficiary covered by this chapter, which change must have occurred after the date on which the wageearning capacity, physical condition, or status of the employee or other beneficiary was last established by award or otherwise.
(2) Where an employee is not working after 52 weeks from an injury that is not cata strophic as defined in subsection (b) of Code Section 34-9-200.1, a change in condition for the better shall occur and the employee shall be entitled to the payment of benefits for partial disability under Code Section 34-9-262 upon proof of the release of the employee to work with restrictions."
Section 12. Said chapter is further amended by striking Code Section 34-9-108, relating to the approval of attorney's fees by the State Board of Workers' Compensation, in its entirejy and inserting in its place a new Code Section 34-9-108 to read as follows:
"34-9-108. (a) The fee of an attorney for service to a claimant in an amount of more than $100.00 shall be subject to the approval of the board, and no attorney shall be entitled to collect any fee or gratuity in excess of $100.00 without the approval of the board. The board shall approve no fee of an attorney for services to a claimant in excess of 25 percent of the claimant's award of weekly benefits or settlement; provided, however, if the claimant suffered a catastrophic injury, as defined in Code Section 34-9-200.1, and the award was based upon a weekly benefit amount in excess of the maximum weekly benefit provided for noncatastrophic injuries, attorney's fees shall be computed as if the claimant received a

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weekly benefit amount equal to the maximum weekly benefit provided for noncatastrophic injuries.
(b) (1) Upon a determination that proceedings have been brought, prosecuted, or de fended in whole or in part without reasonable grounds, the administrative law judge or the board may assess the adverse attorney's fee against the offending party.
(2) If any provision of Code Section 34-0 221, without reasonable grounds, is not com plied with and a claimant engages the services of an attorney to enforce his rights under that Code section and the claimant prevails, the reasonable fee of the attorney, as deter mined by the board, and the costs of the proceedings may be assessed againat the employer.
{3} (2) Any assessment of attorney's fees made under this subsection shall be in addi tion to trie compensation ordered.
(c) An attorney shall not advertise to render services to a potential claimant when he or she or his or her firm does not intend to render said services and shall not divide a fee for legal services with another attorney who is not a partner in or associate of his or her law firm or law office, unlessT
(1) The client consents to employment of the other attorney after a full disclosure that a fee division will be made;
(2) The division is made in proportion to the services performed and the responsibility assumed by each; and
(3) The total fee of the attorneys does not clearly exceed reasonable compensation for all legal services such attorneys rendered to the client."
Section 13. Said chapter is further amended by adding immediately following Code Sec tion 34-9-130.1, relating to policies or contracts of workers' compensation insurance, a new Code Section 34-9-130.2 to read as follows:
"34-9-130.2. When a licensed rating organization issues an insured's experience modifi cation worksheet to the insured's workers' compensation insurance company, the insurance company shall submit a copy of the worksheet to the insured at the time any premium invoice utilizing the experience modification in the worksheet is submitted to the insured."
Section 14. Said chapter is further amended by adding immediately following Code Sec tion 34-9-133, relating to the apportionment and assignment of rejected risks, a new Code Section 34-9-133.1 to read as follows:
"34-9-133.1. The Commissioner of Insurance, in consultation with the State Board of Workers' Compensation, shall issue and promulgate rules and regulations which shall delin eate those criteria that the insurers shall use in determining whether or not to issue the workers' compensation insurance to an employer."
Section 15. Said chapter is further amended by striking Code Section 34-9-200.1, relat ing to rehabilitation benefits, in its entirety and inserting in its place a new Code Section 34-9-200.1 to read as follows:
"34-9-200.1. (a) The employer shall furnish the employee entitled to benefits under this chapter compensation for costs of such rehabilitation benefits which in the judgment of the State Board of Workers' Compensation shall be reasonably required and appear likely to restore the employee to suitable employment. The costs of rehabilitation for the employee's restoration to suitable employment while away from the cmploycc'a home shall include the reasonable coats of his board, lodging, and travel. The period for rehabilitation ahall not exceed 26 weeks unless in the judgment of the board an extension of said period is required and appears likely to restore the employee to suitable employment. The board may require recommendations from a panel of specialists appointed by the board in determining whether or not the extension of the 26 week period is juatificd. In the event of a catastrophic injury, the employer shall furnish the employee entitled to benefits under this chapter with reason able and necessary rehabilitation services. The employer either shall appoint a registered rehabilitation supplier or give reasons why rehabilitation is not necessary within 48 hours of

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the employer's acceptance of the injury as compensable or notification of a final determina tion of compensability, whichever occurs later. If it is determined that rehabilitation is re quired under this Code section, the employer shall have a period of 15 days from the date of notification of that determination within which to select a rehabilitation supplier. If the employer fails to select a rehabilitation supplier within such time period, a rehabilitation supplier will be appointed by the board to provide services at the expense of the employer. The rehabilitation supplier appointed to a catastrophic injury case shall have the expertise which, in the judgment of the board, is necessary to provide rehabilitation services in such case.
(b) (1) The employer or its insurer ahall assess the injured employee's need for rehabili tation within 00 daya of notification of injury. The employer or its insurer ahall have the exclusive right within the 90 day period to appoint a rehabilitation supplier or give reason why rehabilitation is not necessary and shall notify the injured employee and the board on forms prescribed by the board.
(2) If the employer or ita insurer has not appointed a rehabilitation aupplier within the 00 day period, any party may petition the board for an aaacasment of the rehabilitation needs of the injured employee and, if appropriate, the appointment of a rehabilitation sup plier to restore the employee to suitable employment. The party petitioning the board ahall serve copica of the request upon opposing parties and the proposed rehabilitation supplier. All parties shall have 16 days from the date ahown on the certificate of service made by the requesting party in which to object to the necessity of rehabilitation or request the designa tion of a different supplier. The board ahall then determine whether rehabilitation io ncccaaary and if, in the judgment of the board, rehabilitation is found to be necessary to restore the employee to suitable employment, the board shall designate a supplier requested by cither of the partica or a supplier of the board's choosing.
(8) The board may order at any time an aaacaament of the need for rehabilitation ser vices. If, in the judgment of the board, rehabilitation is found to be necessary to restore the employee to suitable employment, a rehabilitation supplier ahall be appointed pursuant to paragraph (1) or (2) of this aubsection.
{4} (b) A change in the designated rehabilitation supplier shall be made only with ap proval oFthe board. Any party to the case may request the board for a change in rehabilita tion supplier. The request shall be in a form and manner prescribed by rule of the board and copies of the request shall be served on all parties and each involved rehabilitation supplier. Written objections to the request for a change in rehabilitation supplier may be filed with the board during the 15 day period following the date shown on the certificate of service and the board shall resolve such objections.
(c) Upon request of an employee or an employer, the board may, in ita judgment, after giving notice in writing of the request to all interested parties and allowing any interested party ten daya from the date of said notice to file in writing ita objections to the request, order additional rehabilitation benefits in excess of 26 weeks, and, in such cnac, the expenses shall be borne by the employer upon the aamc terms and conditions na provided in subsec tion (a) of this Code section.
{4} (c) The refusal of the employee without reasonable cause to accept rehabilitation shall entitle the board in its discretion to suspend or reduce the compensation otherwise payable to such employee unless, in the opinion of the board, the circumstances justify the refusal, as determined in the manner provided under Code Section 34-9-100. The board may require recommendations from a panel of specialists in determining whether or not suspen sion or reduction of compensation is justified.
{*) (d) Fees of rehabilitation suppliers and the reasonableness and necessity of their services Wall be subject to the approval of the State Board of Workers' Compensation. All rehabilitation suppliers shall file with the board all forms required by the board. No rehabil itation supplier shall bill an employee for authorized rehabilitation services. The board may require recommendations from a panel of appropriate peers of the rehabilitation supplier in

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determining whether the fees submitted and necessity of services rendered were reasonable. The recommendations of the panel of appropriate peers shall be evidence of the reasonable ness of fees and necessity of service which the board may consider.
(f) (e) Failure of the employee's attorney to cooperate with the rehabilitation supplier may result in the suspension or reduction of the fees provided in Code Section 34-9-108 if, in the judgment of the board, the failure to cooperate hindered the restoration of the em ployee to suitable employment.
(g) (f) Any rehabilitation supplier shall hold one of the following certifications or licenses:
(1) Certified Rehabilitation Counselor (CRC);
(2) Certified Insurance Rehabilitation Specialist (CIRS);
(3) Certified Rehabilitation Registered Nurse (CRRN);
(4) Work Adjustment and Vocational Evaluation Specialist (WAVES); or
(5) Licensed Professional Counselor (LPC) and shall be registered with the State Board of Workers' Compensation. The board shall have the authority to refuse to register an appli cant as a rehabilitation supplier, to remove a rehabilitation supplier from a case, to require corrective actions of a rehabilitation supplier, to assess penalties as provided under Code Section 34-9-21 against a rehabilitation supplier, or to suspend or revoke the board registra tion of a rehabilitation supplier for failure to comply with this chapter or the rules and regulations of the board or the standards of ethics of the applicable licensing or certifying body. Revocation of registration shall be determined in a hearing before an administrative law judge and an adverse decision may be appealed as provided under Code Sections 34-9103 and 34-9-105. The board may establish by rule based upon recognized qualifications, educational standards, and competency in the field of rehabilitation suppliers, as deter mined and set out by the board, those persons who will be authorized to provide rehabilita tion services to injured employees under this chapter.
(}*} (g) 'Catastrophic injury' means any injury which is one of the following:
(1) Spinal cord injury involving severe paralysis of an arm, a leg, or the trunk;
(2) Multiple amputation Amputation of an arm, a hand, a foot, or a leg involving the effective loss of use of that appendage;
(3) Severe brain or closed head injury as evidenced by:
(A) Severe sensory or motor disturbances;
(B) Severe communication disturbances;
(C) Severe complex integrated disturbances of cerebral function;
(D) Severe disturbances of consciousness; or
(E) Severe episodic neurological disorders;
(4) Second or third degree burns over 25 percent of the body as a whole or third degree burns to 5 percent or more of the face or hands; or
(5) Total or industrial blindness^-or.
(6) Any other injury determined to be catastrophic in nature by the board.
In the event an injured employee has a catastrophic injury, the employer or insurer shall appoint a registered rehabilitation supplier within 48 houra of notification of the in jury. The rehabilitation supplier appointed to a catastrophic injury case shall have the ex pertise which, in the judgment of the board, is necessary to provide rehabilitation services in such case."
Section 16. Said chapter is further amended by striking subsection (b) of Code Section

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34-9-201, relating to the selection of a physician from a panel of physicians, and inserting in its place a new subsection (b) to read as follows:
"(b) The employer shall maintain a list of at least four physicians or professional as sociations or corporations of physicians who are reasonably accessible to the employees. At least one of the physicians must practice the specialty of orthopedic surgery. Not more than two of the physicians on the panel shall be industrial clinics. The employer shall post this list, to be known as the 'panel of physicians,' in a prominent place or in prominent places upon the business premises and otherwise take all reasonable measures to ensure that employees:
(1) Understand the function of the panel and the employee's right to select a physician therefrom in case of injury; and
(2) Are given appropriate assistance in contacting panel members when necessary."
Section 17. Said chapter is further amended by adding immediately following Code Sec tion 34-9-206, relating to reimbursement of a group insurance company for costs of medical treatment, a new Code section, to be designated Code Section 34-9-207, to read as follows:
"34-9-207. (a) When an employee has submitted a claim for workers' compensation ben efits or is receiving payment of weekly income benefits or the employer has paid any medical expenses, that employee shall be deemed to have waived any privilege or confidentiality concerning any communications related to the claim or history or treatment of injury arising from the incident that the employee has had with any physician, including, but not limited to, communications with psychiatrists or psychologists. Notwithstanding any other provision of law to the contrary, when requested by the employer any physician who has examined, treated, or tested the employee or consulted about the employee shall provide within a rea sonable time and for a reasonable charge all information and records related to the exami nation, treatment, testing, or consultation concerning the employee.
(b) When an employee has submitted a claim for workers' compensation benefits or is receiving payment of weekly income benefits or the employer has paid any medical ex penses, the employee shall provide the employer with a signed release for medical records and information related to the claim or history or treatment of injury arising from the inci dent, including information related to the treatment for any mental condition or drug or alcohol abuse. Said release shall designate the provider and shall state that it will expire on the date of the hearing. If the employee refuses to provide a signed release for medical information as required by this subsection, any weekly income benefits being received by the employee shall be suspended and no hearing shall be scheduled at the request of the employee until such signed release is provided."
Section 18. Said chapter is further amended by striking Code Section 34-9-243, relating to the effect of compensation payments made when not due, in its entirety, and inserting in its place a new Code Section 34-9-243 to read as follows:
"34-9-243. (a) The payment by the employer or the employer's workers' compensation insurance carrier to the employee or to any dependent of the employee of any benefit when not due or of salary or wages during the employee's disability shall be credited against any payments of weekly benefits due; provided, however, that such credit shall not exceed the aggregate amount of weekly benefits due under this chapter.
(b) Except as otherwise provided in this Code section, the employer's obligation to pay or cause to be paid weekly benefits under Code Section 34-9-261 or 34-9-262 shall be re duced by the following amounts:
(1) The employer funded portion of payments received or being received by the em ployee pursuant to a disability plan, a wage continuation plan, or from a disability insurance policy established or maintained by the same employer from whom benefits under Code Section 34-9-261 or 34-9-262 are claimed if the employee did contribute directly to such a plan or policy. The employer funded portion shall be based upon the ratio of the employer's contributions to the total contributions to such plan or policy;

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(2) The amount of the disability or wage continuation payments provided in a pension or retirement plan received or being received by the employee pursuant to such plan or program established or maintained by the same employer for whom benefits under Code Section 34-9-261 or 34-9-262 are claimed if the employee did not contribute directly to the pension or retirement plan or program;
(3) The employer funded portion of the disability or wage continuation payments pro vided in a pension or retirement plan received or being received by the employee pursuant to such plan or program established or maintained by the same employer for whom benefits under Code Section 34-9-261 or 34-9-262 are claimed if the employee did contribute directly to the pension or retirement plan or program. The employer funded portion shall be based upon the ratio of the employer's contributions to the total contributions to the plan or program;
(4) The employer funded portion of disability or wage continuation payments provided for in~a qualified profit-sharing plan under Section 401 (k) of the federal Internal Revenue Code or any successor to Section 401 (d) of the federal Internal Revenue Code covering a profit-sharing plan which provides for the payment of benefits only upon retirement, disa bility, death, or other separation of employment to the extent the benefits are vested under the plan. The employer funded portion of the benefits vested under the plan shall be based upon the ratio of the employer's contributions to the total contributions made to the plan. Once the employer funded portion of the plan is established, this sum shall be offset and credited against benefits provided under Code Section 34-9-261 or 34-9-262, provided the plan was funded in part by the same employer from whom such benefits are claimed; and
(5) The full amount of any unemployment benefits the employee has received or is receiving during any period in which benefits under Code Section 34-9-261 or Code Section 34-9-262 are claimed; however, the employer shall place the employment security agency on notice of the employee's workers' compensation claim, and, in the event it is determined that the employee received an overpayment of benefits under the Employment Security Act, then the employment security agency may seek reimbursement directly from the employer to the extent of the credit taken by the employer under this subsection.
(c) The credit or reduction of benefits provided in subsection (b) of this Code section shalFonly be made for those amounts which the employee is entitled to, has received, or is receiving during any period in which benefits under Code Section 34-9-261 or 34-9-262 are claimed'
(d) The State Board of Workers' Compensation shall promulgate rules for establishing prool^of the existence of other benefits. The employer, its insurance carrier, and the em ployee shall freely release information to each other and the State Board of Workers' Com pensation that is material and relevant to the existence of benefits which may be coordinated with entitlements and obligations under this chapter.
(e) The employer or insurance carrier taking a credit or making a reduction as provided in this Code section shall immediately report to the State Board of Workers' Compensation the amount of any credit or reduction and, as requested by the board, furnish to the board satisfactory proof of the basis for a credit or reduction.
(f) Nothing in this Code section shall be construed to compel an employee to apply for early~social security retirement benefits or to apply for early or reduced pension or retire ment benefits.
(g) Subsection (b) of this Code section shall not apply to payments made to an em ployee under Code Section 34-9-263 for any permanent partial or total disability."
Section 19. Said chapter is further amended by striking Code Section 34-9-261, relating to compensation for total disability, in its entirety and inserting in its place a new Code Section 34-9-261 to read as follows:
"34-9-261. (a) Except as provided in subsection (b) of this Code section, while the disa bility to work resulting from an injury is temporarily total the employer shall pay or cause

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to be paid to the employee a weekly benefit equal to two-thirds of the employee's average weekly wage but not more than $176.00 $250.00 per week nor less than $25.00 per week, except that when the weekly wage is below $25.00 the employer shall pay a weekly benefit equal to the average weekly wage. The weekly benefit under this Code section shall be paya ble for a maximum period of 400 weeks from the date of injury; provided, however, in the event of a catastrophic injury as defined in subsection (g) of Code Section 34-9-200.1, the weekly benefit under this Code section shall be paid until such time as the employee under goes a change in condition for the better as defined by this chapter.
(b) With respect to injury of death rcaulting from an accident occurring on or after July 1, 1090, the maximum weekly benefit shall be $226.00.
(b) In the event of a catastrophic injury, as defined in subsection (g) of Code Section 34-9 :200.1, the weekly benefit shall equal two-thirds of the employee's average weekly wage, but no more than $450.00 per week or less than $25.00 per week provided, however with respect to an injury defined in paragraph (2) of subsection (g) of Code Section 34-9-200.1, if total disability does not result the benefit payments shall be limited to 400 weeks."
Section 20. Said chapter is further amended by striking Code Section 34-9-262, relating to benefits for temporary partial disability, in its entirety and inserting in its place a new Code Section 34-9-262 to read as follows:
"34-9-262. <a> Except as otherwise provided in Code Section 34-9-263 and in subsection (b) of this Code section, where the disability to work resulting from the injury is partial in character but temporary in quality, the employer shall pay or cause to be paid to the em ployee a weekly benefit equal to two-thirds of the difference between the average weekly wage before the injury and the average weekly wage the employee is able to earn thereafter, but not more than $117.00 $175.00 per week for a period not exceeding 350 weeks from the date of injury.
(b) With rcapect to temporary partial disability resulting from an accident occurring on or after July 1, 1000, the maximum weekly benefit ahall be $160.00."
Section 21. Said chapter is further amended by striking subsection (d) of Code Section 34-9-265, relating to payment of compensation for death resulting from injury, in its en tirety and inserting in its place a new subsection (d) to read as follows:
"(d) The total compensation payable under this Code section to a surviving spouse as a sole dependent at the time of death and where there is no other dependent for one year or less after the death of the employee shall in no case exceed $66,000.00 $100,000.00."
Section 22. All laws and parts of laws in conflict with this Act are repealed.
Senators Pollard of the 24th, Dawkins of the 45th and Edge of the 28th offered the following amendment:
Amend the substitute to HB 1679 offered by the Senate Committee on Insurance and Labor by striking lines 32 and 33 of page 11 and lines 1 through 6 of page 12 in their entirety and inserting in lieu thereof the following:
"(2) In addition to the provisions of paragraph U) of this subsection, when an injury is not catastrophic, as defined in subsection (g) of Code Section 34-9-200.1, and the employee is not working, a change in condition for the better shall occur and the employee shall be entitled to the payment of benefits for partial disability in accordance with Code Section 349-262 as of the fifty-third week following the first release of the employee by a duly qualified physician to return to work with restrictions.'"
On the adoption of the amendment offered by Senators Pollard of the 24th, Dawkins of the 45th and Edge of the 28th, the yeas were 40, nays 0, and the amendment was adopted.
Senator Walker of the 22nd offered the following amendment:

TUESDAY, MARCH 24, 1992

2273

Amend the substitute to HB 1679 offered by the Senate Committee on Insurance and Labor by adding on page 20 between lines 27 and 28 the following:
Section 16.1. Said chapter is further amended by adding to Code Section 34-9-201, re lating to the selection of a physician from a panel of physicians, a new subsection (f) to read as follows:
"(f) The board shall promulgate rules and regulations to ensure, whenever feasible, the participation of minority physicians on panels of physicians maintained by employers pur suant to this Code section."

On the adoption of the amendment offered by Senator Walker of the 22nd, the yeas were 26, nays 16, and the amendment was adopted.

Senator Steinberg of the 42nd offered the following amendment:

Amend the substitute to HB 1679 offered by the Senate Committee on Insurance and Labor on page 25, line 17, by striking "$250.00" and inserting in lieu thereof the following:

"$300.00".

On the adoption of the amendment offered by Senator Steinberg of the 42nd, the yeas were 15, nays 30, and the amendment was lost.

Senators Langford of the 35th and Walker of the 43rd offered the following amendment:

Amend the substitute to HB 1679 offered by the Senate Committee on Insurance and Labor by adding on line 10 of page 2 after the semicolon and before the word "to" the following:
"to provide for the filing of workers' compensation insurance rates and other informa tion with the Commissioner of Insurance; to provide for the reduction of such rates;".
By adding between lines 4 and 5 of page 27 a new Section 21.1 to read as follows:
"Section 21.1. Each insurer shall file its proposed forms, manuals, underwriting rules, rates, and rating plans for coverages under workers' compensation insurance policies to be issued, issued for delivery, delivered, or renewed on or after July 1, 1992, with the Commis sioner of Insurance for such examination and approval as is required by law. Rates and rating plans for workers' compensation insurance coverages filed pursuant to this section shall reflect a reduction of the rates or rating plans for such coverages on file with the Com missioner as of January 28, 1991, of not less than 25 percent. The Commissioner shall re duce by 25 percent or such higher amount as he determines appropriate, after notice and hearing as required by law, any rate or rating plan for such coverages under workers' com pensation insurance policies for which no filing has been received."

On the adoption of the amendment offered by Senators Langford of the 35th and Walker of the 43rd, Senator Deal of the 49th, President Pro Tempore, who was presiding, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Alien Bishop Brown of 26th Clay Collins
Dean English

Henson Johnson Kidd Langford Moye Perdue
Ragan of 32nd Ray

Robinson Scott Steinberg rp
*e Thompson
Walker of 22nd Walker of 43rd

2274

JOURNAL OF THE SENATE

Those voting in the negative were Senators:

Baldwin Bowen Broun of 46th
Burton Cowman DEcahwoklsms Edge Egan Foster Garner

Gillis Hammill Harris
Hasty Hm H.1o1oks Huggms Marable Newbill Perry

Phillips Pollard Ragan of 10th
Ramsey Starr mTayl,or Timmons Turner Tysinger White

Not voting were Senators Deal (presiding) and Shumake.

On the adoption of the amendment offered by Senators Langford of the 35th and Walker of the 43rd, the yeas were 23, nays 31, and the amendment was lost.

Senator Taylor of the 12th offered the following amendment:

Amend the substitute to HB 1679 offered by the Senate Committee on Insurance and Labor by adding on page 27 a new Section 22 to read:
"The Governor shall appoint a Workers' Compensation Study Commission made up of 10 members, 5 employees of small business, 4 independent employers of 50 or fewer employ ees and 1 employer of 50 or more employees. The Governor shall appoint a chairperson and fill any vacancies. The term of the Commission shall be July 1, 1992, through December 31, 1993. The Commission shall be an agency of the State and is assigned to the Insurance Department for administrative purposes only as found in Code Section 50-4-3. The Commis sion shall conduct a thorough study and report to the Governor and General Assembly no later than October 1, 1993. The report will include recommendations as to statutory and administrative revision which will provide for disposition of Workers' compensation claims pending on April 15, 1994, and the termination of the affairs of the State Board of Workers' Compensation. The Commission will receive normal expense allowance. This Chapter shall stand repealed in its entirety on April 15, 1994."; and
Renumber Section 22 as 23.

On the adoption of the amendment offered by Senator Taylor of the 12th, Senator Deal of the 49th, President Pro Tempore, who was presiding, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Alien Bowen Echols FHoasmtemr ill
Henson Hill

Hooks Langford Moye PNeerwrybill
Ragan of 10th Ragan of 32nd

Starr Steinberg T, _Timy mons
Turner Walker of 43rd

Those voting in the negative were Senators:

Albert Baldwin

Bishop Broun of 46th

Brown of 26th Burton

TUESDAY, MARCH 24, 1992

2275

Clay Coleman Collins Dawkins Dean Edge Egan English Garner

Gillis Harris Hasty Huggins Johnson Kidd Marable Perdue Phillips

Pollard Ramsey Ray Robinson Scott Tate Thompson Tysinger Walker of 22nd

Those not voting were Senators:

Deal (presiding)

Shumake

White

On the adoption of the amendment offered by Senator Taylor of the 12th, the yeas were 20, nays 33, and the amendment was lost.

Senator Henson of the 55th offered the following amendment:

Amend the substitute to HB 1679 offered by the Senate Committee on Insurance and Labor by inserting on page 4 between lines 28 and 29 the following:
"(E) No employee shall be deprived of any right to bring an action against an employer or employer's employee who has intentionally injured said employee by rape, murder, bat tery or assault."

On the adoption of the amendment offered by Senator Henson of the 55th, Senator Deal of the 49th, President Pro Tempore, who was presiding, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Alien Brown of 26th Hammill Henson

Langford Moye Scott

Steinberg Tate Walker of 43rd

Those voting in the negative were Senators:

Albert Baldwin Bishop Bowen Broun of 46th Burton
C~C, oo,llyleimnsan Dawkins rj ean Echols Edge Egan English

Foster Garner Gillis Harris Hasty Hill
,,HHouogkgsi. ns Johnson Kidd Marable Newbill Perdue Perry

Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray
RS0 toabrirnson Taylor Thompson Timmons Turner Tysinger White

Those not voting were Senators:

Deal (presiding)

Shumake

Walker of 22nd

2276

JOURNAL OF THE SENATE

On the adoption of the amendment offered by Senator Henson of the 55th, the yeas were 10, nays 43, and the amendment was lost.

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 Burton
Clay Coleman Collins Dawkins Dean Echols Edge Egan
English Foster

Garner Gillis Hammill Harris Hasty Henson Hill Hooks Huggins Johnson Marable Newbill Perdue
Perry
Phillips Pollard Ragan of 10th

Ragan of 32nd Ramsey Ray Robinson Scott Starr Steinberg
T1 naltipG
Taylor Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White

Those voting in the negative were Senators:

Brown of 26th Kidd

Langford

Moye

Not voting were Senators Deal (presiding) and Shumake.

On the passage of the bill, the yeas were 50, nays 4.

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

Senator Pollard of the 24th moved that HB 1679 be immediately transmitted to the House.

On the motion, the yeas were 30, nays 1; the motion prevailed, and HB 1679 was imme diately transmitted to the House.

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

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

TUESDAY, MARCH 24, 1992

2277

arrears of a former owner, occupant, or lessee; to require water companies to keep identifying information on any user.
The House substitute to SB 10 was as follows:
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 public or private water suppliers may not refuse to supply water to certain property because of the indebtedness of a prior owner, prior occupant, or prior lessee; to provide for exceptions; to require such water suppliers to keep identifying infor mation on any user of water service; to require public or private water suppliers to seek reimbursement for unpaid charges only from the person who incurred the charges; to pro vide for limited liens for unpaid charges for water service furnished; 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) No public or private water supplier 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 resi dent tenant of the premises because of the indebtedness of a prior owner, prior occupant, or prior lessee to the water supplier for water previously furnished to such premises.
(b) For each new or current account to supply water to any premises or property, the public or private water supplier shall maintain a record of identifying information on the user of the water service and shall seek reimbursement of unpaid charges for water service furnished initially from the person who incurred the charges.
(c) A public or private water supplier shall not impose a lien against real property to secure unpaid charges for water furnished unless the owner of such real property is the person who incurred the charges.
(d) A public or private supplier of gas, or garbage or sewerage service, or electricity shall not impose a lien against real property to secure unpaid charges for gas, or garbage or sewer age service, or electricity unless the owner of such real property is the person who incurred the charges."
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.
Senator Tysinger of the 41st moved that the Senate disagree to the House substitute to SB 10.
On the motion, the yeas were 32, nays 0; the motion prevailed, and the Senate disagreed to the House substitute to SB 10.

2278

JOURNAL OF THE SENATE

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

HB 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.
Senate Sponsor: Senator Walker of the 43rd.

The Senate Committee on Reapportionment offered the following amendment:

Amend HB 1657 by striking the word "describe" on line 23 of page 1 and inserting in its place the word "encompass".

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

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

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

Those voting in the affirmative were Senators:

Albert Alien Baldwin Bishop Bowen Broun of 46th Brown of 26th Burton Clay Coleman Collins Dawkins Dean Edge Egan English Foster

Garner 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 Scott Starr Steinberg Tate Thompson Timmons Turner Tysinger Walker of 43rd

Those not voting were Senators:

Deal (presiding) Echols Johnson

Shumake Taylor

Walker of 22nd 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.

Senator Walker of the 43rd moved that HB 1657 be immediately transmitted to the House.

TUESDAY, MARCH 24, 1992

2279

On the motion, the yeas were 31, nays 0; the motion prevailed, and HB 1657 was imme diately transmitted to the House.

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.
Senate Sponsor: Senator Walker of the 43rd.

The Senate Committee on Reapportionment offered the following amendment:

Amend HB 1340 by striking on lines 17 and 18 of page 1 the following: "be composed of, and inserting in lieu thereof the following: "consist of.

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

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

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

Those voting in the affirmative were Senators:

Albert Alien Baldwin Bishop Bowen Broun of 46th BBDruorwtonn of 26th rCC,iloalylins Dawkins
Dean Echols Edge Egan English

Foster Gillis Hammill Harris Hasty Henson HTHJoilol ki s THKTuidgdgm s Langford
Marable Moye Newbill Perdue Perry

Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey P ,,RQ o?b.inson
OCOtt
tarr , Stemberg
Tate Turner Tysinger Walker of 43rd White

Those not voting were Senators:

Coleman Deal (presiding) Garner

Johnson Shumake Taylor

Thompson 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.

Senator Walker of the 43rd moved that HB 1340 be immediately transmitted to the House.

2280

JOURNAL OF THE SENATE

On the motion, the yeas were 34, nays 0; the motion prevailed, and HB 1340 was imme diately transmitted to the House.

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

Those not voting were Senators:

Bowen Broun of 46th Deal (presiding)

Pollard Shumake Taylor

Tysinger 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.

HR 732. By Representatives Porter of the 119th, Jamieson of the llth, Baker of the 51st and Patten of the 149th:

Senate Sponsors: Senators Dawkins of the 45th and Robinson of the 16th.

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, politi cal subdivisions, local authorities, and other local governmental entities for solid waste re cycling and other solid waste facilities or systems; to provide that guaranteed revenue debt may be incurred for regional or multijurisdictional solid waste recycling or solid waste facili ties or systems; to provide that it shall not be necessary for the state or a state authority to

TUESDAY, MARCH 24, 1992

2281

take title to or own such facilities or systems; to provide that such debt may be incurred for a state authority created before, on, or after November 8, 1960; to provide that the proceeds of such debt shall be paid or transferred to and administered or invested by, and the pro ceeds and investment earnings applied and disbursed by, the unit of state government or the state authority made responsible by law for such activities; to provide that a mutual undertaking by a local governmental entity to borrow and the state or a state authority to lend funds from and to one another for solid waste recycling and other solid waste facilities or systems when authorized by law shall be a provision for services and an activity within the intergovernmental contracts provisions of Article IX, Section III, Paragraph I, subparagraph (a) of the Constitution; to provide for the submission of this amendment for ratifica tion or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article VII, Section IV, Paragraph I of the Constitution is amended by strik ing subparagraph (e) and inserting in its place a new subparagraph (e) to read as follows:
"(e) General obligation debt in order to make loans to counties, municipal corporations, political subdivisions, local authorities, and other local government entities for water or sew erage facilities or systems or for regional or multijurisdictional solid waste recycling or solid waste facilities or systems. It shall not be necessary for the state or a state authority to hold title to or otherwise be the owner of such facilities or systems. General obligation debt for these purposes may be authorized and incurred for administration and disbursement by a state authority created and activated before, on, or after November 8, 1960."
Section 2. Said Article VII, Section IV, Paragraph I is further amended by striking subparagraph (f) and inserting in its place a new subparagraph (f) to read as follows:
"(f) Guaranteed revenue debt by guaranteeing the payment of revenue obligations is sued by an instrumentality of the state if such revenue obligations are issued to finance:
(1) Toll bridges or toll roads.
(2) Land public transportation facilities or systems.
(3) Water facilities or systems.
(4) Sewage facilities or systems.
(5) Loans to, and loan programs for, citizens of the state for educational purposes.
(6) Regional or multijurisdictional solid waste recycling or solid waste facilities or systems."
Section 3. Article VII, Section IV, Paragraph VII of the Constitution is amended by striking subparagraph (b) and inserting in its place a new subparagraph (b) to read as follows:
"(b) Notwithstanding subparagraph (a) of this Paragraph, proceeds from general obliga tion debt issued for making loans to local government entities for water or sewerage facili ties or systems or for regional or multijurisdictional solid waste recycling or solid waste facil ities or systems as provided in Paragraph I(e) of this section shall be paid or transferred to and administered and invested by the unit of state government or state authority made responsible by law for such activities, and the proceeds and investment earnings thereof shall be applied and disbursed by such unit or authority."
Section 4. Article IX, Section III, Paragraph I of the Constitution is amended by strik ing subparagraph (a) and inserting in its place a new subparagraph (a) to read as follows:
"(a) The state, or any institution, department, or other agency thereof, and any county, municipality, school district, or other political subdivision of the state may contract for any period not exceeding 50 years with each other or with any other public agency, public corpo ration, or public authority for joint services, for the provision of services, or for the joint or separate use of facilities or equipment; but such contracts must deal with activities, services, or facilities which the contracting parties are authorized by law to undertake or provide. By

2282

JOURNAL OF THE SENATE

way of specific instance and not limitation, a mutual undertaking by a local government entity to borrow and an undertaking by the state or a state authority to lend funds from and to one another for water or sewerage facilities or systems or for regional or multijurisdictional solid waste recycling or solid waste facilities or systems pursuant to law shall be a provision for services and an activity within the meaning of this Paragraph."

Section 5. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution.

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

"[ ] YES [ ] NO

Shall the Constitution be amended so as to provide for state loans to local government entities for regional or multijurisdictional solid waste recycling and solid waste facilities and systems; to provide that the state may incur general obligation debt to make such loans; to provide that the state may incur guaranteed revenue debt for such facilities or systems; to provide for the investment and application of the proceeds of such debt and of the earnings on its investment and to provide for intergovernmental contracts not exceeding 50 years for loan agreements for such purposes?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote ""YNeos."." All persons desiring to vote against ratifying the proposed amendment shall vote

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the resolution proposing an amendment to the Constitution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Alien Baldwin Bishop Bowen Broun of 46th
BBp..ruorwtonn of 26th Coleman Collins Dawkins Dean Echols Edge Egan

English Foster Garner Gillis Harris Hast
H.H..ie.ln.l gon Hooks Muggins Johnson Kidd Langford Marable Moye

Newbill Perdue Perry Ragan of 10th Ragan of 32nd Ram
RRn oVb_i. nson Scott Starr Tate Thompson Timmons Turner Walker of 43rd

Those not voting were Senators:

Deal (presiding) Hammill Phillips Pollard

Shumake Steinberg Taylor

Tysinger Walker of 22nd White

TUESDAY, MARCH 24, 1992

2283

On the adoption of the resolution, the yeas were 46, nays 0.

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

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

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.

The House amendment was as follows:

Amend the Senate substitute to HB 1319 by striking lines 28 and 29 of page 7 in their entirety and inserting in lieu thereof the following:
"(2) Not permissible, then all provisions of this Act shall be void and stand repealed on that date, except that if implementation of Section 2 of this Act under the federal Voting Rights Act of 1965, as amended, has been permissible and such section has been approved at a referendum as provided in Section 7 of this Act, Section 2 of this Act shall be and remain effective".

Senator Foster of the 50th moved that the Senate agree to the House amendment to the Senate substitute to HB 1319.

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 BBrroowunn ooff 4266tthh
DBurton
Clay Coleman Collins Dawkins Dean
Echols Edge Egan

English Foster Garner Hammill Harris HHeilnl son
TH_rooki s
Huggins Kidd Marable Moye Newbill
Perdue Perry Phillips

Pollard Ragan of 10th Ragan of 32nd Ramsey j^ay RKoobbimnssoonn
S,, cott
^tarr lale Taylor Timmons Turner
Tysinger Walker of 43rd White

Those not voting were Senators:

Deal (presiding) Gillis Hasty

Johnson Langford Shumake

Steinberg Thompson Walker of 22nd

On the motion, the yeas were 47, nays 0; the motion prevailed, and the Senate agreed to the House amendment to the Senate substitute to HB 1319.

2284

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 amendment to the following bill of the House:

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.

The House insists on its position in amending the following 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 following general bills of the House, favorably reported by the committees, were read the third time and put upon their passage:

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.
Senate Sponsors: Senators Deal of the 49th and Kidd of the 25th.

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

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

Those voting in the affirmative were Senators:

Albert Alien Baldwin Bishop Bowen Broun of 46th Brown of 26th Burton Clay Collins Dawkins Dean

Echols Egan English Foster Garner Gillis Harris Hasty Henson Hill Hooks Huggins

Johnson Langford Marable Moye Newbill Perry Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson

TUESDAY, MARCH 24, 1992

2285

Scott Starr Taylor

Timmons Turner

Tysinger Walker of 43rd

Those not voting were Senators:

Coleman Deal (presiding) Kdge Hammill
Kidd

Perdue phmi
Shumake Steinberg

Tate Thompson
Walker of 22nd White

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

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

The President resumed the Chair.

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.
Senate Sponsor: Senator Egan of the 40th.

The Senate Committee on Natural Resources offered the following substitute to HB 1386:

A BILL
To be entitled an Act to amend Article 2 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to solid waste management, so as to provide for and revise certain definitions; to provide for additional powers of the Board of Natural Resources; to change certain provisions regarding powers of the director of the Environmental Protection Division of the Department of Natural Resources; to provide for permits for biomedical waste thermal treatment technology facilities; to provide for applicability with respect to such permits; to change certain provisions relating to certain landfill permits for sites within two miles of certain recharge areas; to change certain requirements for municipal landfills which accept solid waste generated outside the county; to change certain provisions regard ing public meetings on certain facility siting decisions; to provide for additional require ments regarding the handling of special solid waste; to provide for additional authority of the director with respect to certain financial responsibility mechanisms; to provide for crimi nal penalties; to provide certain other penalties; to provide a date by which each city and county shall develop a comprehensive solid waste management plan; to change certain pro visions relative to membership on the Recycling Market Development Council; to authorize the Georgia Building Authority to establish a recycling program for state agencies and to provide for the collection of certain recovered materials; to provide for the use of certain surcharges imposed by certain governmental entities; to provide for the collection of certain taxes, fees, and assessments; to provide for the appointment of additional members to boards of directors of solid waste management authorities; to provide for participation in solid waste management authorities; to change certain provisions relating to the issuance of certain bonds and obligations; 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 12 of the Official Code of Georgia Annotated,

2286

JOURNAL OF THE SENATE

relating to solid waste management, is amended by striking Code Section 12-8-22, relating to definitions, and inserting in its place a new Code Section 12-8-22 to read as follows:
"12-8-22. As used in this article, the term:"
(1) 'Affected county' means, in addition to the county in which a facility is or is pro posed to be located, each county contiguous to the host county and each county and munici pality within a county that has a written agreement with the facility to dispose of solid waste.
fH (1.1) 'Biomedical waste' means pathological waste, biological waste cultures and stocks of infectious agents and associated biologicals, contaminated animal carcasses (body parts, their bedding, and other wastes from such animals), sharps, chemotherapy waste, dis carded medical equipment and parts, not including expendable supplies and materials which have not been decontaminated, as further defined in Rule 391-3-4-.15 of the board, and other such waste materials.
(2) 'Board' means the Board of Natural Resources of the State of Georgia.
(3) 'Certificate' means a document issued by a college or university of the University System of Georgia or other organization approved by the director stating that the operator has met the requirements of the board for the specified operator classification of the certifi cation program.
(4) 'Closure' means a procedure approved by the division which provides for the cessa tion of waste receipt at a solid waste disposal site and for the securing of the site in prepara tion for postclosure.
(4.1) 'Commercial solid waste' means all types of solid waste generated by stores, offices, restaurants, warehouses, and other nonmanufacturing activities, excluding residential and industrial wastes!
(5) 'Composting' means the controlled biological decomposition of organic matter into a stable, odor-free humus.
(6) 'Contaminant' means any physical, chemical, biological, or radiological substance or matter.
(7) 'Director' means the director of the Environmental Protection Division of the De partment of Natural Resources.
(8) 'Disposal facility' means any facility or location where the final desposition of solid waste occurs and includes but is not limited to landfilling and solid waste thermal treatment technology facilities.
(9) 'Division' means the Environmental Protection Division of the Department of Natu ral Resources.
(10) 'Financial responsibility mechanism' means a mechanism designed to demonstrate that sufficient funds will be available to meet specific environmental protection needs of solid waste handling facilities. Available financial responsibility mechanisms include but are not limited to insurance, trust funds, surety bonds, letters of credit, personal bonds, certifi cates of deposit, financial tests, and corporate guarantees as defined in 40 C.F.R. Part 264 Subpart H -- Financial Requirements.
(11) 'Generator' means any person in Georgia or in any other state who creates solid waste.
(12) 'Hazardous constituent' means any substance listed as a hazardous constituent in regulations promulgated pursuant to the federal act by the administrator of the United States Environmental Protection Agency which are in force and effect on February 1, 1000 1992, codified as Appendix VIII to 40 C.F.R. Part 261 -- Identification and Listing of Hazardous Waste.

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(12.1) 'Industrial solid waste' means solid waste generated by manufacturing or indus trial'processes or operations that is not a hazardous waste regulated under Article 3 of this chapter, the 'Georgia Hazardous Waste Management Act.' Such waste includes, but is not limited to, waste resulting from the following manufacturing processes: Electric power gen eration; fertilizer and agricultural chemicals; food and related products and by-products; inorganic chemicals; iron and steel products; leather and leather products; nonferrous metal and foundry products; organic chemicals; plastics and resins; pulp and paper; rubber and miscellaneous plastic products; stone, glass, clay, and concrete products; textiles; transporta tion equipment; and water treatment. This term does not include mining waste or oil and gas waste.
(13) 'Label' means a code label described in paragraphs (3) and (4) of subsection (b) of Code Section 12-8-34.
(14) 'Landfill' means an area of land on which or an excavation in which solid waste is placed for permanent disposal and which is not a land application unit, surface impound ment, injection well, or compost pile.
(15) 'Leachate collection system' means a system at a landfill for collection of the leachate which may percolate through the waste and into the soils surrounding the landfill.
(16) 'Manifest' means a form or document used for identifying the quantity and compo sition and the origin, routing, and destination of special solid waste during its transportation from the point of generation, through any intermediate points, to the point of disposal, treatment, or storage.
(17) 'Materials recovery facility' means a solid waste handling facility that provides for the extraction from solid waste of recoverable materials, materials suitable for use as a fuel or soil amendment, or any combination of such materials.
(18) 'Municipal solid waste' means any solid waste resulting from the operation of resi dential, commcfcial, governmental, or institutional establishments except such solid waatc disposed of in a private industry aolid waatc disposal facility derived from households, in cluding garbage, trash, and sanitary waste in septic tanks and means solid waste from sin gle-family and multifamily residences, hotels and motels, bunkhouses, campgrounds, picnic grounds, and day use recreation areas. The term includes yard trash trimmings and com mercial solid waste but does not include solid waste from mining, agricultural, or silvicultural operations or industrial processes or operation.
(19) 'Municipal solid waste disposal facility' means any facility or location where the final deposition of any amount of municipal solid waste occurs, whether or not mixed with or including other waste allowed under Subtitle D of the federal Resource Conacrvntion and Recovery Act of 1076, as amended commercial or industrial solid waste, and includes, but is not limited to, municipal solid waste landfills and municipal solid waste thermal treatment technology facilities.
(20) 'Municipal solid waste landfill' means a disposal facility where any amount of mu nicipal solid waste, whether or not mixed with or including other waatc allowed under Subti tle D of the federal Resource Conservation and Recovery Act of 1076, as amended commer cial waste, industrial waste, nonhazardous sludges, or small quantity generator hazardous waste, is disposed of by means of placing an approved cover thereon.
(21) 'Operator' means the person stationed on the site who is in responsible charge of and has direct supervision of daily field operations of a municipal solid waste disposal facil ity to ensure that the facility operates in compliance with the permit.
(22) 'Person' means the State of Georgia or any other state or any agency or institution thereof and any municipality, county, political subdivision, public or private corporation, solid waste authority, special district empowered to engage in solid waste management ac tivities, individual, partnership, association, or other entity in Georgia or any other state. This term also includes any officer or governing or managing body of any municipality, po litical subdivision, solid waste authority, special district empowered to engage in solid waste

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management activities, or public or private corporation in Georgia or any other state. This term also includes employees, departments, and agencies of the federal government.
(23) Tostclosure" means a procedure approved by the division to provide for long-term financial assurance, monitoring, and maintenance of a solid waste disposal site to protect human health and the environment.
(24) 'Private industry solid waste disposal facility' means a disposal facility which is operated exclusively by and for a private solid waste generator for the purpose of accepting solid waste generated exclusively by said private solid waste generator.
(25) 'Recovered materials' means those materials which have known use, reuse, or re cycling potential; can be feasibly used, reused or recycled; and have been diverted or re moved from the solid waste stream for sale, use, reuse, or recycling, whether or not requiring subsequent separation and processing.
(26) 'Recovered materials processing facility' means a facility engaged solely in the stor age, processing, and resale or reuse of recovered materials. Such term shall not include a solid waste handling facility; provided, however, any solid waste generated by such facility shall be subject to all applicable laws and regulations relating to such solid waste.
(27) 'Recycling' means any process by which materials which would otherwise become solid waste are collected, separated, or processed and reused or returned to use in the form of raw materials or products.
(27.1) 'Regional landfill or regional solid waste disposal facility' means a facility owned by a county, municipality, authority, or special district empowered to engage in solid waste management activities, or any combination thereof, which serves two or more or any combi nation of counties, municipalities, or special solid waste districts.
(28) 'Rigid plastic bottle' means any rigid plastic container with a neck that is smaller than the container body with a capacity of 16 ounces or more and less than five gallons.
(29) 'Rigid plastic container' means any formed or molded part comprised predomi nantly of plastic resin, having a relatively inflexible finite shape or form, and intended pri marily as a single-service container with a capacity of eight ounces or more and less than five gallons.
(30) 'Solid waste' means discarded putrcsciblc and nonputrcsciblc waste, except water carried body waatc and recovered materials, and shall include garbage, rubbish, such aa pa per, cartons, boxca, wood, tree branches, yard trimmings, furniture and appliances, metal, tin cans, glaaa, crockery, or dunnage, ashes, street refuse, dead animals, sewage sludges, animal manures, industrial waatc, auch aa waatc materials generated in industrial opera tions, residue from solid waste thermal treatment technology, food processing waste, demoli tion waste, abandoned automobiles, dredging waatc, construction waste, and any other waste material in a solid, scmiaolid, or liquid state not otherwise defined in this part. Such term shall not include any material which is regulated pursuant to Article 2 of Chapter 6 of this title, the 'Georgia Water Quality Control Act,' or Chapter 0 of this title, 'The Georgia Air Quality Act of 1978,' any garbage or refuse; sludge from a wastewater treatment plant, water supply treatment plant, or air pollution control facility; and other discarded material includ ing solid, semi-solid, or contained gaseous material resulting from industrial, commercial, mining, and agricultural operations and community activities, but does not include recov ered materials; solid or dissolved materials in domestic sewage; solid or dissolved materials in irrigation return flows or industrial discharges that are point sources subject to permit under 33 U-S.C. Section 1342; or source, special nuclear, or by-product material as defined by the federal Atomic Energy Act of 1954, as amended (68 Stat. 923JT
(31) 'Solid waste handling' means the storage, collection, transportation, treatment, utilization, processing, or disposal of solid waste or any combination of such activities.
(32) 'Solid waste handling facility' means any facility the primary purpose of which is the storage, collection, transportation, treatment, utilization, processing, or disposal, or any combination thereof, of solid waste.

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(33) 'Solid waste thermal treatment technology' means any solid waste handling facility the purpose of which is to reduce the amount of solid waste to be disposed of through a process of combustion, with or without the process of waste to energy.
(34) 'Special solid waste' means any solid waste not otherwise regulated under Article 3 of this chapter, known as the 'Georgia Hazardous Waste Management Act,' and regulations promulgated under such article originating or produced from or by a source or generator not subject to regulation under Code Section 12-8-24.
(35) 'Tire' means a continuous solid or pneumatic rubber covering designed for encir cling the wheel of a motor vehicle and which is neither attached to the motor vehicle nor a part of the motor vehicle as original equipment.
(36) 'Waste to energy facility' means a solid waste handling facility that provides for the extraction and utilization of energy from municipal solid waste through a process of combustion.
(37) 'Yard trash trimmings', means vegetative matter resulting from landscaping main tenance and land-clearing operations other than mining, agricultural, and silvicultural operations."
Section 2. Said article is further amended by deleting "and" at the end of subparagraph (H), by striking the period at the end of subparagraph (I) and inserting in its place "; and", and by adding a new subparagraph at the end of paragraph (1) of Code Section 12-8-23, relating to powers and duties of the Board of Natural Resources, to be designated subpara graph (J), to read as follows:
"(J) Rules and regulations further denning what shall or shall not constitute 'recovered materials.'"
Section 3. Said article is further amended by striking in its entirety subsection (c) of Code Section 12-8-23.1, relating to powers and duties of the director of the Environmental Protection Division of the Department of Natural Resources, which reads as follows:
"(c) (1) No permit for a biomedical waste thermal treatment technology facility shall be issued by the director unless the applicant for such facility demonstrates to the director that a need exists for the facility by showing that there is not presently in existence within the state sufficient disposal facilities for biomedical waste being generated or expected to be generated within the state. For purposes of this part, 'biomedical waste thermal treatment technology facility' means any facility the purpose of which is to reduce the amount of bi omedical waste to be disposed of through a process of combustion, with or without the pro cess of waste to energy.
(2) Paragraph (1) of this subsection shall not apply to any biomedical waste treatment facility which is operated exclusively by a private biomedical waste generator on property owned by the private biomedical waste generator for the purpose of accepting biomedical waste exclusively from the private biomedical waste generator so long as the operation of the biomedical waste treatment facility does not adversely affect the public health or the environment. After commencement of operation by a private biomedical waste generator of a biomedical waste treatment facility which is permitted but not included in a local or re gional solid waste management plan, an amendment into a local or regional solid waste management plan shall be required to any biomedical waste which is to be no longer dis posed of by the private biomedical waste generator in its own biomedical waste treatment facility prior to any substantial reduction in the amount of biomedical waste accepted by the biomedical waste treatment facility or its closure."
Section 4. Said article is further amended by striking subsection (b) of Code Section 128-24, relating to permits for certain handling or facilities, and inserting in its place a new subsection (b) to read as follows:
"(b) This part shall apply to all permits for which requests for site suitability or unauit ability letters arc submitted on or after March 80, 1000, provided, however, that the division may continue to review all documents, reports and studies relevant to the processing of any

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subsequent application for a permit for a aolid waste handling facility for which a request for a site suitability or unsuitability letter is made on of after March 30, 1000, ao long as such permit is not issued until all applicable requirements of this part arc met.
(b) (1) Noi permit for a biomedical waste thermal treatment technology facility shall be issued~by the director unless the applicant for such facility demonstrates to the director that a need exists for the facility for waste generated in Georgia by showing that there is not presently in existence within the state sufficient disposal facilities for biomedical waste be ing generated or expected to be generated within the state. For purposes of this part, 'bi omedical waste thermal treatment technology facility' means any facility that exists for the purpose of reducing the amount of biomedical waste disposed of through a process of com bustion, with or without the process of converting such waste to enefgyT
(2) Paragraph (1) of this subsection shall not apply to any biomedical waste thermal treatment technology facility which is operated exclusively by a private biomedical waste generator on property owned by the private biomedical waste generator for the purpose of accepting biomedical waste exclusively from the private biomedical waste generator so long as the operation of the biomedical waste thermal treatment technology facility does not adversely affect the public health or the environment. After commencement of operation by a private biomedical waste generator of a biomedical waste thermal treatment technology facility which is permitted by but not included in a local or regional solid waste manage ment plan, amendment of the local or regional solid waste management plan shall be re quired for any biomedical waste which is no longer to be disposed of by the private biomedical waste generator in its own biomedical waste thermal treatment technology facility prior to any substantial reduction in the amount of biomedical waste produced by the private biomedical waste generator and accepted by its own biomedical waste thermal treatment technology facility or the closure of such facility."
Section 5. Said article is further amended by striking in its entirety paragraph (3) of subsection (e) of Code Section 12-8-24, relating to permits for certain handling or facilities, and inserting in lieu thereof the following:
"(3) Except as otherwise provided in this part, major modifications shall meet the siting and design standards applicable to new permit applications in effect on the date the modifi cation is approved by the director; provided, however, that all applications for vertical ex pansion of existing solid waste disposal facilities received by the director on OT before Be comber 31, 1000, a facility having less than 24 months of remaining capacity on July 1, 1991, shall be allowed no longer than 24 months from the date of the commencement issuance of the permitted vertical expansion permit unless it is demonstrated to the director in the application or during this period of time that the solid waste disposal facility as vertically expanded meets the siting and design standards applicable to new permit applications in effect on the date the modification is approved by the director; provided further, however, that no vertical expansion under this subsection shall be allowed when remaining permitted capacity, as determined by the director, exceeds 24 months from July 1, 1001 beyond July 1, 1995, unless such vertical expansion can meet the siting and design standards applicable to new permit applications. Any operation of a vertical expansion during this time period shall be in accordance with conditions set forth by the director in the modified permit. Any owner or operator of a site which does not demonstrate compliance with such standards within such period shall prepare a final closure plan and cease acceptance of waste no later than the end of such period. In the event that the director determines that no such demonstra tion of compliance has been made by the owner or operator, he shall notify the owner or operator of such determination and may order the owner or operator to cease accepting waste and prepare a final closure plan prior to the end of such period."
Section 6. Said article is further amended by striking Code Section 12-8-25.2, relating to landfills within two miles of certain recharge areas, and inserting in its place a new Code Section 12-8-25.2 to read as follows:
"12-8-25.2. No permit shall be issued for a municipal solid waste landfill if any part of

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the site is within two miles of an area that has been designated by the director as a signifi cant ground-water recharge area unless such municipal solid waste landfill will have a liner and leachate collection system and meets any other requirements as may be established by rules and regulations of the board or pursuant to other geological considerations as may be determined appropriate by the director. This Code section shall not apply to any proposed municipal solid waste landfill for a municipal or county government for which the director of the Environmental Protection Division of the Department of Natural Resources has is sued a site acceptability letter prior to March 16, 1080, if such aitc acceptability letter did not require a liner and leachate collection system; provided, however, that the governing authority of the municipality may adopt a resolution requiring a liner and leachate collec tion system for its proposed municipal solid waste landfill prior to the date on which a permit ia issued and the governing authority of the county may adopt a resolution requiring a liner and leachate collection system for its proposed municipal aolid waste landfill prior to the date on which a permit ia issued."
Section 7. Said article is further amended by striking in its entirety subsection (a) of Code Section 12-8-25.3, relating to restrictions on certain landfill sites, and inserting in lieu thereof the following:
"(a) Notwithstanding the provisions of Code Section 12-8-25.2, no permit shall be is sued for a municipal solid waste landfill which accepts solid waste generated from outside the county in which such landfill is located unless such municipal solid waste landfill will have a liner and leachate collection system and meets any other requirements as the board may establish by rules and regulations or, in the case of a regional landfill, from outside any of the counties or special districts empowered to engage in solid waste management activi ties constituting such region if any part of such site is within any area that has been desig nated by the director as a significant ground-water recharge area."
Section 8. Said article is further amended by striking subsection (b) of Code Section 128-26, relating to public meetings regarding site selections, and inserting in its place a new subsection (b) to read as follows:
"(b) The governing authority of any county or municipality taking action resulting in a publicly or privately owned municipal solid waste disposal facility siting decision shall cause to be published within a newspaper of general circulation serving such county or municipal ity a notice of the meeting at which such siting decision is to be made at least once a week for two weeks immediately preceding the date of such meeting. Such notice shall state the time, place, and purpose of the meeting and the meeting shall be conducted by the gov erning authority taking the action. A siting decision shall include, but is not limited to, such activities as the final selection of property for landfilling and the execution of contracts or agreements pertaining to the location of municipal solid waste disposal facilities within the jurisdiction, but shall not include zoning decisions."
Section 9. Said article is further amended by adding a new subsection at the end of Code Section 12-8-27, relating to special solid waste handling facilities, to be designated subsection (f), to read as follows:
"(f) After July 1, 1992, the owner or operator of a facility proposing to handle special solid waste shall provide certification that the jurisdiction generating the special solid waste to be handled has a strategy for and is actively involved in meeting planning requirements and a waste reduction goal that are equivalent to the planning requirements and the waste reduction goal of this part."
Section 10. Said article is further amended by striking subsection (b) of Code Section 12-8-27.1, relating to the solid waste trust fund, and inserting in its place a new subsection (b) to read as follows:
"(b) If the director determines that a solid waste or special solid waste handling facility has been abandoned, that the owner or operator thereof has become insolvent, or that for any other reason there is a demonstrated unwillingness or inability of the owner or operator to maintain, operate, or close the facility, to carry out postclosure care of the facility, or to

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carry out corrective action required as a condition of a permit to the satisfaction of the director, the director may implement the applicable financial responsibility mechanisms. The proceeds from any applicable financial responsibility mechanisms shall be deposited in the solid waste trust fund."
Section 11. Said article is further amended by striking Code Section 12-8-30.7, relating to unlawful acts regarding solid waste handling, and inserting in its place a new Code Sec tion 12-8-30.7 to read as follows:
"12-8-30.7. It shall be unlawful for any person to engage in solid waste handling except in such a manner as to conform to and comply with this part and all applicable rules, regu lations, and orders established under this part."
Section 12. Said article is further amended by striking in its entirety Code Section 12-830.8, relating to penalties, which reads as follows:
"12-8-30.8. Any person who violates any provision of this part shall be guilty of a mis demeanor. Each day of continued violation after conviction shall constitute a separate offense.",
and inserting in lieu thereof the following:
"12-8-30.8. (a) Any person who:
(1) Knowingly transports or causes to be transported any solid waste as defined in this part to a facility which does not have a permit, which does not have a variance pursuant to this part, or which is not subject to an order of the director which specifically authorized continued operation of such facility;
(2) Knowingly treats, processes, stores, or disposes of any solid waste as defined in this part:
(A) Without a permit or an order of the director allowing such treatment, processing, storage, or disposal of solid waste;
(B) In knowing violation of any material condition or requirement of such permit or order; or
(C) In knowing violation of any material condition or requirement of any applicable regulations or standards adopted by the board in accordance with Code Section 12-8-23 in force and effect on January 1, 1992;
(3) Knowingly omits material, information, or makes any false material statement or representation in any application, label, manifest, record, report, permit, or other document filed, maintained, or used for purposes of compliance with this part or regulations promul gated pursuant to this part;
(4) Knowingly processes, stores, treats, transports, disposes of, or otherwise handles any solid waste as defined in this part, and who knowingly destroys, alters, conceals, or fails to file any record, application, manifest, report, or other document required to be maintained or filed for purposes of compliance with this part; or
(5) Knowingly transports without a manifest or causes to be transported without a manifest, any solid waste required by this part to be accompanied by a manifest
shall, upon conviction, be subject to a fine of not more than $50,000.00 for each day of violation or imprisonment for not less than one nor more than two years or, in the case of a violation of paragraph (1) or (2) of this subsection, three years, or both. If conviction is for a violation committed after a first conviction of such person under this subsection, the maxi mum punishment under the respective paragraphs shall be doubled with respect to both fine and imprisonment.
(b) An organization may be convicted for the criminal acts set forth in subsection (a) of this Code section if an agent of the organization performs the conduct which is an element of the criminal act set forth in subsection (a) of this Code section and the agent's action is

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authorized, requested, commanded, or recklessly tolerated by the board of directors of the organization or by a managerial official who is acting within the scope of such official's em ployment on behalf of the organization."
Section 13. Said article is further amended by striking in their entireties subsections (a) and (e) of Code Section 12-8-31.1, relating to local and regional solid waste management plans, and inserting in lieu thereof, respectively, the following:
"(a) Each city and county in Georgia shall develop or be included in a comprehensive solid waste management plan not later than July 1, 1993. Said plan may be developed inde pendently as a local plan or jointly with other jurisdictions as a regional solid waste plan but in either case shall conform to the plan development procedures outlined in Chapter 70 of Title 36 and Articles 1 and 2 of Chapter 8 of Title 50 and to minimum standards and proce dures developed by the Department of Community Affairs as outlined in this Code section."
"(e) After July 1, 1992, no permit, grant, or loan shall be issued for any municipal solid waste disposal facility or any solid waste handling equipment or recycling equipment used in conjunction therewith in a county or region which is not consistent with a local or re gional solid waste management plan. Each application for a permit, grant, or loan issued after July 1, 1992, shall include the following:
(1) Certification that the facility for which a permit is sought complies with local land use and zoning requirements, if any;
(2) Verification that the facility for which a permit is sought meets the ten-year capac ity needs identified in the local or regional solid waste management plan, if any; and
(3) Demonstration that the host jurisdiction and the jurisdiction generating solid waste destined for the applicant's facility are actively involved in, and have a strategy for, meeting the state-wide goal for reduction of solid waste disposal by July 1, 1986."
Section 14. Said article is further amended by striking in its entirety subsection (a) of Code Section 12-8-33, relating to the Recycling Market Development Council, and inserting in lieu thereof the following:
"(a) Effective July 1, 1990, there is created a 15 member Recycling Market Develop ment Council to be appointed as follows:
(1) Seven members appointed by the Governor representing the paper, glass, aluminum, plastic, and ferrous and nonferrous metals industries and trade associations which are active in recycling;
(2) One member who is an elected or appointed municipal official to be appointed by the Governor;
(3) One member who is an elected or appointed member of a county governing author ity to be appointed by the Governor;
(4) One member appointed by the Speaker of the House of Representatives;
(5) One member appointed by the Lieutenant Governor; and
(6) One representative each from the Department of Administrative Services; the De partment of Industry, Trade, and Tourism; the Department of Community Affairs; and the Department of Natural Resources."
Section 15. Said article is further amended by striking in its entirety Code Section 12-836, relating to collection of recovered materials by each state agency, which reads as follows:
"12-8-36. (a) Each state agency which is located in a state owned building and the Gen eral Assembly, in cooperation with the Georgia Building Authority, shall establish a collec tion program for recovered materials generated as a result of agency operations, including, at a minimum, aluminum, high-grade office paper, and corrugated paper. The collection pro gram shall be coordinated by the Georgia Building Authority, which at a minimum shall

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establish procedures for collection and storage of recovered materials and contractual or other arrangements for transportation and purchase of said recovered materials.
(b) The Georgia Building Authority is authorized to expand the state collection pro gram to cover any recovered materials not specifically referenced in this Code section and to engage in, contract for, or otherwise allow or arrange for programs which promote the com posting of yard waste from state office buildings.
(c) Nothing in this part shall prohibit any state agency from engaging in, contracting for, or otherwise allowing or arranging for composting of yard waste on property owned or controlled by said agency.",
and inserting in lieu thereof the following:
"12-8-36. (a) The Georgia Building Authority is authorized to establish and coordinate a state-wide recycling program for state agencies and to establish, engage in, contract for, or otherwise allow or arrange for a collection program for recovered materials generated as a result of agency operations including, but not limited to, aluminum, high-grade office paper, and corrugated paper and for the mulching or composting of yard trimmings. The Georgia Building Authority is authorized to establish procedures for the collection and storage of such materials from any property or building utilized by the state or any agency thereof and to enter into contractual or other arrangements for the transportation, disposition, or sale of such materials. Proceeds generated from such sale shall be used by the Georgia Building Authority for the purpose of offsetting the costs and expenses of administering and imple menting the recycling program.
(b) Nothing in this part shall prohibit any state agency from engaging in, contracting for, or otherwise allowing or arranging for its own recycling program for recovered materials generated as a result of its own agency operations."
Section 16. Said article is further amended by striking in its entirety subsection (a) of Code Section 12-8-39, relating to cost reimbursement fees, and inserting in lieu thereof the following:
"(a) Effective January 1, 1992, each city or county which operates a municipal solid waste disposal facility is authorized and required to impose a cost reimbursement fee upon each ton of municipal solid waste or the volume equivalent of a ton, as determined by rules of the division, for each ton of municipal solid waste received at a municipal solid waste disposal facility regardless of its source. The fee imposed may be equal to, or a portion of, the true cost of providing solid waste management services on a per ton or volume equivalent as determined pursuant to the forms, rules, and procedures developed by the Department of Community Affairs as required by Code Section 12-8-39.2. Such fee shall be imposed equally upon all users of the municipal solid waste disposal facility."
Section 17. Said article is further amended by striking in its entirety subsection (d) of Code Section 12-8-39, relating to cost reimbursement fees, and inserting in lieu thereof the following:
"(d) Effective January 1, 1992, when a municipal solid waste disposal facility is oper ated by private enterprise, the host local government is authorized and required to impose a surcharge of $1.00 per ton or volume equivalent in addition to any other negotiated charges or fees which shall be imposed by and paid to the host local government for the facility and may shall be used to offset the impact of the facility, public education efforts for solid waste management, the cost of solid waste management, and the administration of the local or regional solid waste management plan; provided, however, that such surcharges may be used for other governmental expenses to the extent not required to meet the above or other solid waste management needs.
Section 18. Said chapter is further amended by inserting immediately following Code Section 12-8-39.2 the following:
"12-8-39.3. (a) Any city, county, or authority which operates a solid waste management disposal facility or provides solid waste collection services or both and which levies and

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collects taxes, fees, or assessments to accomplish the purposes of this part shall be further authorized to enforce the collection of taxes, fees, or assessments due a city, county, or au thority in the same manner as authorized by Chapter 3 of Title 48 and Code Section 48-2-44 or other law for the enforcement of the collection and payment of taxes, fees, or assessments.
(b) The provisions of this Code section shall apply to any taxes, fees, or assessments due a county, city, or authority under any ordinance or resolution in effect on July 1, 1992."
Section 19. Said article is further amended by striking in its entirety Code Section 12-840.2, relating to yard trash, and inserting in lieu thereof the following:
"12-8-40.2. Effective July 1, 1990, each city, county, or solid waste management author ity shall have the right to impose certain restrictions on yard trash trimmings which is are generated in or may ultimately be disposed of in its area of jurisdiction. These restrictions may include but are not limited to:
(1) A requirement that yard trash trimmings not be placed in or mixed with municipal solid waste;
(2) A ban on the disposal of yard trash trimmings at municipal solid waste disposal facilities within its jurisdiction; or
(3) A requirement that yard trash trimmings be sorted and stored for collection in such a manner as to facilitate collection, composting, or other handling."
Section 20. Said article is further amended by striking in its entirety Code Section 12-854, relating to the board of directors of a solid waste management authority, and inserting in lieu thereof the following:
"12-8-54. (a) Control and management of the authority shall be vested in a board of at least five directors who shall be residents of the county or municipal corporation which is a member of the authority. At least three of such directors shall be elected officials of the county or municipal corporation which is a member of the authority. The directors shall serve at the pleasure of the governing authority of the county or municipal corporation. Directors shall be appointed, and may be reappointed, for terms of four years. In the case of a regional solid waste management authority, each unit of local government participating in the authority shall appoint two members, with an additional member to be appointed by the directors themselves; provided, however, that if each participating municipal corporation which is within a participating county shall agree and, if authorized by an agreement among political subdivisions activating the authority, such participating county and participating municipal corporations may join in appointing their members to the authority and may agree to appoint as many as two members per participating municipal corporation within a county and, if the county is participating, two members for the county or as few as one member per county, provided, further, that in any case, an additional member shall be ap pointed by the directors of the authority themselves. The directors shall elect one of their members as chairman and another as vice-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 direc tors shall receive no compensation for their services but shall be reimbursed for their actual expenses incurred in the performance of their duties. The directors may make bylaws and regulations for the governing of the authority and the operation of projects and may dele gate to one or more of the officers, agents, and employees of the authority such powers and duties as may be deemed necessary and proper.
(b) Members of the board of directors of an authority formed pursuant to this Code section may agree that additional political subdivisions may become members of such au thority subsequent to its formation upon an affirmative vote of two-thirds of the members of such board of directors under the terms imposed by agreement of two-thirds of the mem bers of such board of directors."
Section 21. Said article is further amended by striking in its entirety paragraph (3) of

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subsection (g) of Code Section 12-8-58, relating to limitations and procedures for issuance of bonds and other obligations, and inserting in lieu thereof the following:
"(3) In lieu of specifying the rate or rates of interest which revenue bonds to be issued by an authority are to bear, the notice to the district attorney or the Attorney General and the notice to the public of the time, place, and date of the validation hearing may state that the bonds, when issued, will bear interest at a rate not exceeding a minimum maximum per annum rate of interest specified in such notices or, in the event the bonds are to bear different rates of interest for different maturity dates, that none of such rates will exceed the maximum rate specified in the notices; provided, however, that nothing contained in this paragraph shall be construed as prohibiting or restricting the right of the authority to sell such bonds at a discount, even if in so doing the effective interest cost resulting therefrom would exceed the maximum per annum interest rate specified in such notices."
Section 22. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 23. All laws and parts of laws in conflict with this Act are repealed.

Senator Hasty of the 51st offered the following amendment:

Amend the substitute to HB 1386 offered by the Senate Committee on Natural Re sources by striking on lines 12 through 14 of page 1 the following:
"to change certain requirements for municipal landfills which accept solid waste gener ated outside the county;"
By striking in their entireties lines 17 through 33 of page 16.
By redesignating Sections 8 through 23 as Sections 7 through 22.

On the adoption of the amendment offered by Senator Hasty of the 51st, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Baldwin Bishop Brown of 26th Burton Clay Collins Dawkins
Deal
Dean
Edge

Foster Harris Hasty Henson Huggins Johnson Kidd
Langford
Marable
Newbill

Ragan of 32nd Ramsey Scott Tate ,,, laylor Tysmger
Walker of 22nd
Walker of 43rd
White

Those voting in the negative were Senators:

Albert Alien BBCorolweuemnnaonf 46th Echols Egan English

Garner Gillis H,,Hl.a1,,1mmill Hooks Perdue Perry

Phillips Ragan of 10th RnRaoy,bm. son Starr Timmons Turner

TUESDAY, MARCH 24, 1992

2297

Those not voting were Senators:

Moye Pollard

Shumake Steinberg

Thompson

On the adoption of the amendment offered by Senator Hasty of the 51st, the yeas were 29, nays 22, and the amendment was adopted.

Senator Collins of the 17th offered the following amendment:

Amend the substitute to HB 1386 offered by the Senate Committee on Natural Re sources by inserting "to provide for handling capacity approval procedures in certain coun ties;" between "decisions;' " and "to" on line 16 of page 1.

By inserting between "decisions." and the quotation mark on line 21 of page 17 the following:

"When the governing authority of any county with a population of 250,000 people or less according to the United States decennial census of 1990 or any future such census ap proves a site for a privately owned municipal solid waste disposal facility handling 10,000 tons or more per month of solid waste and 15 percent of the electors residing in such county registered to vote who voted in the last gubernatorial election file a petition with the gov erning authority of such county for a referendum approving the handling capacity of such site, the election superintendent shall, after verifying the signatures of the electors so peti tioning, issue the call and conduct a special election on a date and in the manner provided for under Code Section 1-2-540. The election superintendent shall cause the date and pur pose of the election to be published once a week for two weeks immediately preceding the date of the election in the official organ of the county. The ballot for such election shall have written or printed thereon the following:

'[ ] YES [ ] NO

Shall a handling capacity of 10,000 tons or more per month of solid waste for a privately owned solid waste disposal facility located in County, Georgia, be approved?'

All persons desiring to vote in favor of approval of the handling capacity shall vote 'Yes' and all persons desiring to vote against the handling capacity shall vote 'No.' If more than one-half of the votes cast are in favor of approving such handling capacity then such han dling capacity shall be approved; otherwise such handling capacity shall not be approved and the handling capacity shall be limited to less than 10,000 tons per month of solid waste. The expense of the election shall be paid by the applicant for approval of the handling capacity for the privately owned solid waste facility."

On the adoption of the amendment, the yeas were 18, nays 22, and the amendment was lost.

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 46th

Brown of 26th Burton Clay Coleman Dawkins Deal

Dean Echols Edge Egan English Foster

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

Those not voting were Senators:

Collins Garner

Hill Shumake

Thompson

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 President announced that the Senate would stand in recess from 12:18 o'clock P.M. until 1:00 o'clock P.M.

At 1:00 o'clock P.M., the President called the Senate to order.

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

HB 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.
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:

Baldwin Broun of 46th Burton Clay Coleman Collins Dawkins Dean Echols Edge

Egan English Foster Gillis Hammill Harris Hill Huggins Marable Moye

Newbill Perdue Perry Pollard Ragan of 32nd Ramsey Robinson Scott Starr Steinberg

TUESDAY, MARCH 24, 1992

2299

Taylor Thompson

Turner Tysinger

White

Those not voting were Senators:

Albert Alien Bishop Bowen Brown of 26th Deal Garner

Hasty Henson Hooks Johnson Kidd Langford Phillips

Ragan of 10th Ray Shumake Tate Timmons Walker of 22nd Walker of 43rd

On the passage of the bill, the yeas were 35, nays 0.

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

The following resolution of the House, having been withdrawn from the Senate Com mittee on Finance and Public Utilities on February 18 and committed to the Senate Com mittee on Higher Education, and favorably reported by the committee, was read the third time and put upon its adoption:

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.
Senate Sponsor: Senator Hammill of the 3rd.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Baldwin Bowen Broun of 46th Burton
C'ay oleman

Hammill Harris Henson Hill
Hooks Huggins

Deln Echols Edge Egan English Foster Gillis

Kidd Marable Moye Newbill Perdue Perry Pollard

Ragan of 10th Ragan of 32nd Ramsey Robinson Scott Starr
SteinberS Tate Thompson Timmons Turner Tysinger White

Those not voting were Senators:

Albert Allen

Garner Hasty

Ray Shumake

B^oS of 26th Collins Deal

Johnson Langford Phillips

Taylor Walker of 22nd Walker of 43rd

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On the adoption of the resolution, the yeas were 40, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
The following bill of the House was taken up for the purpose of considering the House action thereon:
HB 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.
Senator Pollard of the 24th moved that the Senate insist upon the Senate amendment to HB 1666.
On the motion, the yeas were 31, nays 0; the motion prevailed, and the Senate insisted upon the Senate amendment to HB 1666.
Senator Newbill of the 56th moved that Senator Alien of the 2nd be excused from the Senate for the remainder of the day today so that he could be with his wife who is expecting their child.
On the motion, the yeas were 33, nays 0; the motion prevailed, and Senator Alien of the 2nd was excused from the Senate for the remainder of the day today.
The following bills of the House and Senate were taken up for the purpose of consider ing the House action thereon:
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.
Senator Harris of the 27th moved that the Senate insist upon the Senate substitute to HB 113.
On the motion, the yeas were 29, nays 0; the motion prevailed, and the Senate insisted upon the Senate substitute to HB 113.
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.
Senator Gillis of the 20th moved that the Senate adhere to its disagreement to the House substitute to SB 543, and that a Conference Committee be appointed.
On the motion, the yeas were 30, nays 0; the motion prevailed, and the Senate adhered to its disagreement to the House substitute to SB 543.

TUESDAY, MARCH 24, 1992

2301

The President appointed as a Conference Committee on the part of the Senate the following:
Senators Gillis of the 20th, Bowen of the 13th and Echols of the 6th.
The following general bills of the House, favorably reported by the committees, were read the third time and put upon their passage:
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.
Senate Sponsors: Senators Walker of the 22nd and Broun of the 46th.
The Senate Committee on Health and Human Services offered the following substitute to HB 968:
A BILL
To be entitled an Act 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 pro cedures with respect to a patient in a coma or persistent vegetative state; to provide for legislative findings; to provide for and revise definitions; to revise and change the form of a living will; to change the provisions relating to the execution of a living will by a patient in a hospital or skilled nursing home and the requirements related thereto; to revise and change conditions precedent to withholding or withdrawal of life-sustaining procedures; to change certain provisions regarding the preparation or providing of forms for living wills; to provide for the effect of said chapter on other legal rights and duties; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 32 of Title 31 of the Official Code of Georgia Annotated, relating to living wills, is amended by striking Code Section 31-32-1, relating to legislative findings, and inserting in its place a new Code Section 31-32-1 to read as follows:
"31-32-1. (a) The General Assembly finds that modern medical technology has made possible the artificial prolongation of human life.
(b) The General Assembly further finds that, in the interest of protecting individual autonomy, such prolongation of life for persons with a terminal condition, a coma, or a persistent vegetative state may cause loss of patient dignity and unnecessary pain and suf fering, while providing nothing medically necessary or beneficial to the patient.
(c) The General Assembly further finds that there exists considerable uncertainty in the medical and legal professions as to the legality of terminating the use of life-sustaining pro cedures in certain situations.
(d) 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 a competent adult person to make a written directive, known as a living will, instructing his physician to withhold or withdraw life-sustaining procedures in the event of a terminal condition, a coma, or a persistent vegetative state."
Section 2. Said chapter is further amended by striking Code Section 31-32-2, relating to definitions regarding living wills, and inserting in its place a new Code Section 31-32-2 to read as follows:
"31-32-2. As used in this chapter, the term:
(1) 'Attending physician' means the physician who has been selected by or assigned to the patient and who has assumed primary responsibility for the treatment and care of the

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patient; provided, however, that if the physician selected by or assigned to the patient to provide such treatment and care directs another physician to assume primary responsibility for such care and treatment, the physician who has been so directed shall, upon his or her assumption of such responsibility, be the 'attending physician.'
(2) 'Coma' means a profound state of unconsciousness caused by disease, injury, poison, or other means and for which it has been determined that there exists no reasonable expec tation of regaining consciousness. The procedure for establishing a coma is as follows: two physicians, one of whom must be the attending physician, who, after personally examining the declarant, shall certify in writing, based upon conditions found during the course of their examination, that:
(A) The declarant has been in a profound state of unconsciousness for a period of time sufficient for the declarant's physicians to conclude that the unconscious state will continue; and
(B) There exists no reasonable expectation that the declarant will regain consciousness.
{2} (3) 'Competent adult' means a person of sound mind who is 18 years of age or older.
{3} (4) 'Declarant' means a person who has executed a living will authorized by this chapter.
{4} (5) 'Hospital' means a facility which has a valid permit or provisional permit issued under CKapter 7 of this title and which is primarily engaged in providing to inpatients, by or under the supervision of physicians, diagnostic services and therapeutic services for medi cal diagnosis, treatment, and care of injured, disabled, or sick persons.
{6} (6) 'Life-sustaining procedures' means any medical procedures or interventions, which, WKen applied to a patient in a terminal condition or in a coma or persistent vegeta tive state with no reasonable expectation of regaining consciousness or significant cognitive function, would serve only to prolong the dying process and where, in the judgment of the attending physician and a second physician, death will occur whether or not without such procedures or interventions arc utilized. The term 'life-sustaining procedures' shall not may include the following: , at the option of the declarant, the provision of nourishment and hydration, but shall not include the administration of medication to alleviate pain or the performance of any medical procedure deemed necessary to alleviate pain.
(A) Nourishment; or
(B) The administration of medication to alleviate pain or the performance of any medi cal procedure deemed necessary to alleviate pain.
46) (7) 'Living will' means a written document voluntarily executed by the declarant in accordance with the requirements of Code Section 31-32-3 or 31-32-4.
47-) (8) 'Patient' means a person receiving care or treatment from a physician.
(9) 'Persistent vegetative state' means a state of severe mental impairment in which only~involuntary bodily functions are present and for which there exists no reasonable ex pectation of regaining significant cognitive function. The procedure for establishing a persis tent vegetative state is as follows: two physicians, one of whom must be the attending physician, who, after personally examining the declarant, shall certify in writing, based upon conditions found during the course of their examination, that:
(A) The declarant's cognitive function has been substantially impaired; and
(B) There exists no reasonable expectation that the declarant will regain significant cognitive function^
48) (10) 'Physician' means a person lawfully licensed in this state to practice medicine and surgery pursuant to Article 2 of Chapter 34 of Title 43.
(11) 'Reasonable expectation' means the result of prudent judgment made on the basis of the medical judgment of a physician.

TUESDAY, MARCH 24, 1992

2303

(9) (12) 'Skilled nursing facility' means a facility having a valid permit or provisional permit issued under Chapter 7 of this title and which provides skilled nursing care and supportive care to patients whose primary need is for availability of skilled nursing care on an extended basis.
(13) 'Terminal condition' means incurable condition caused by disease, illness, or injury which, regardless of the application of life-sustaining procedures, would produce death. The procedure for establishing a terminal condition is as follows: two physicians, one of whom must be the attending physician, who, after personally examining the declarant, shall certify in writing, based upon conditions found during the course of their examination, that:
(A) There is no reasonable expectation for improvement in the condition of the declar ant; and
(B) Death of the declarant from these conditions is imminent will occur as a result of such disease, illness, or injury."
Section 3. Said chapter is further amended by striking subsection (b) of Code Section 31-32-3, relating to the execution and form of a living will, and inserting in its place a new subsection (b) to read as follows:
"(b) The declaration shall be a document, separate and self-contained. A declaration executed on or after March 28, 1086, shall be in subatantially the form specified in this subsection. A declaration executed on or after March 28, 1086, in substantially the form specified by prior law shall be valid and effective, except that the paragraph limiting the operation of the living will to a seven year period shall be ineffective. The form for the declaration shall be substantially as follows; Any declaration which constitutes an expres sion of the declarant's intent shall be honored, regardless of the form used or when exe cuted. Declarations executed on or after March 18, 1986, shall be valid indefinitely unless revoked. A declaration similar to the following form or in substantially the form specified under prior law shall be presumed on its face to be valid and effectivel
'LIVING WILL
Living will made this ____ day of _________ (month, year).
I, __________________, being of sound mind, willfully and voluntarily make known my desire that my life shall not be prolonged under the circumstances set forth be low and do declare:
1. If at any time I should (check each option desired):
( ) have a terminal condition,
( ) become in a coma with no reasonable expectation of regaining consciousness, or
( ) become in a persistent vegetative state with no reasonable expectation of regaining significant cognitive function,
as defined in and established in accordance with the procedures set forth in paragraph paragraphs (2), (9), and (10) of Code Section 31-32-2 of the Official Code of Georgia Annotated, I direct that the application of life-sustaining procedures to my body (check the op tion desired):
( ) including nourishment and hydration,
( ) including hydration but not nourishment, or
( ) excluding nourishment and hydration,
be withheld or withdrawn and that I be permitted to die;
2. In the absence of my ability to give directions regarding the use of such life-sus taining procedures, it is my intention that this living will shall be honored by my family and physician(s) as the final expression of my legal right to refuse medical or surgical treatment and accept the consequences from such refusal;

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3. I understand that I may revoke this living will at any time;

4. I understand the full import of this living will, and I am at least 18 years of age and am emotionally and mentally competent to make this living will; and

5. If I am a female and I have been diagnosed as pregnant, this living will shall have no force and effect during the courac of my pregnancy unless the fetus is not viable and I

indicate by initialing after this sentence that I want this living will to be carried out.

(Initial)

Signed _____________________

_________________ (City), ________^^^^^^ (County), and

__

(State of Residence).

I hereby witness this living will and attest that:

(1) The declarant is personally known to me and I believe the declarant to be at least 18 years of age and of sound mind;

(2) I am at least 18 years of age;

(3) To the best of my knowledge, at the time of the execution of this living will, I:

(A) Am not related to the declarant by blood or marriage;

(B) Would not be entitled to any portion of the declarant's estate by any will or by operation of law under the rules of descent and distribution of this state;

(C) Am not the attending physician of declarant or an employee of the attending physi cian or an employee of the hospital or skilled nursing facility in which declarant is a patient;

(D) Am not directly financially responsible for the declarant's medical care; and

(E) Have no present claim against any portion of the estate of the declarant;

(4) Declarant has signed this document in my presence as above-instructed, on the date above first shown.

Witness ___________________

Address ___________________

Witness

~

Address ___________________

Additional witness required when living will is signed in a hospital or skilled nursing facility.

I hereby witness this living will and attest that I believe the declarant to be of sound mind and to have made this living will willingly and voluntarily.

Witness: __________________________ Medical director of skilled nursing facility or staff physician not participating in care of the patient or chief of the hospital med ical staff or staff physician or hospital designee not participating in care of the patient.'"

Section 4. Said chapter is further amended by striking Code Section 31-32-4, relating to patients in hospitals or skilled nursing facilities and execution of living wills, and inserting in lieu thereof a new Code Section 31-32-4 to read as follows:

"31-32-4. A living will shall have no force or effect if the declarant is a patient in a hospital or skilled nursing facility at the time the living will is executed unless the living will is signed in the presence of the two witnesses as provided in Code Section 31-32-3 and, additionally, is signed in the presence of either the chief of the hospital medical staff, er any physician on the medical staff who is not participating in the care of the patient, or a person on the hospital staff who is not participating in the care of the patient designated by the

TUESDAY, MARCH 24, 1992

2305

chief of staff and the hospital administrator, if witnessed in a hospital, or the medical director or any physician on the medical staff who is not participating in the care of the patient, if witnessed in a skilled nursing facility."
Section 5. Said chapter is further amended by striking subsection (a) of Code Section 31-32-8, relating to conditions precedent to withholding or withdrawal of life-sustaining pro cedures, and inserting in its place a new subsection (a) to read as follows:
"(a) Prior to effecting a withholding or withdrawal of life-sustaining procedures from a patient pursuant to a living will, the attending physician:
(1) Shall determine that, to the best of his knowledge, the declarant patient is not pregnant, or if she is, that the fetus is not viable and that the declarant's living will specifically indicates that the living will is to be carried out;
(2) Shall, without delay after the diagnosis of a terminal condition of the declarant, take the necessary steps to provide for the written certification required by said phyaician Code Section 31-32-2 of the declarant'sTerminal condition, coma, or persistent vegetative state;
(3) Shall make a reasonable effort to determine that the living will complies with sub section (b) of Code Section 31-32-3; and
(4) Shall make the living will and the written certification of the terminal condition, coma, or persistent vegetative state a part of the declarant patient's medical records."
Section 6. Said chapter is further amended by striking subsection (d) of Code Section 31-32-9, relating to applicability of living wills with respect to suicide, insurance, and certain health care facilities, and inserting in its place a new subsection (d) to read as follows:
"(d) No hospital, skilled nursing facility, or other medical or health care facility shall prepare; or offer to prepare, or otherwise provide forms for living wills unless specifically requestecTto do so by a person desiring to execute a living will. For purposes of this Article, a person in the custody of the Department of Corrections shall not be deemed to be a pa tient within the meaning of this Article, nor shall a correctional facility be deemed to be a hospital, skilled nursing facility, nor any other medical or health care facility?1
Section 7. Said chapter is further amended by striking subsection (c) of Code Section 31-32-11, relating to the effect of said chapter on other legal rights and duties, and inserting in its place new subsections (c) and (d) to read as follows:
"(c) This chapter shall create no presumption concerning the intention of an individual who has not executed a declaration to consent to the use or withholding of life-sustaining procedures in the event of a terminal condition, a coma, or a persistent vegetative state.
(d) Unless otherwise specifically provided in a durable power of attorney for health care,~a declaration under this chapter is ineffective and inoperative as long as there is an agent available to serve pursuant to a durable power of attorney executed in accordance with the provisions of Chapter 36 of this title, the 'Durable Power of Attorney for Health Care Act,' which grants the agent authority with respect to the withdrawal or withholding of life-sustaining or death-delaying treatment under the same circumstances as those covered by a declaration under this chapter."
Section 8. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 9. All laws and parts of laws in conflict with this Act are repealed.
Senators Coleman of the 1st, Hammill of the 3rd, Pollard of the 24th, Alien of the 2nd and Albert of the 23rd offered the following amendment:
Amend the substitute to HB 968 offered by the Senate Committee on Health and

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Human Services by striking lines 2 and 3 of page 6 and inserting in lieu thereof the following:
"conditions is imminent.'"

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:

Brown of 26th Burton
Cloalveman Collins Dean Echols

Edge Egan
GEnilfh.lsish Hammill Harris Hasty

Marable Newbill Perdue
mry Pollard Tysinger

Those voting in the negative were Senators:

Baldwin Bishop Bowen Broun of 46th Dawkins Deal Foster Garner Henson

Hooks Huggins Johnson Kidd Moye Ragan of 10th Ramsey Robinson Scott

Starr Steinberg Tate Taylor Timmons Turner Walker of 22nd White

Those not voting were Senators:

Albert Alien (excused) Hill Langford

Phillips Ragan of 32nd Ray

Shumake Thompson Walker of 43rd

On the adoption of the amendment, the yeas were 20, nays 26, and the amendment was lost.

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:

Baldwin Bishop 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

TUESDAY, MARCH 24, 1992

2307

Huggins Johnson Kidd Marable Moye Newbill Perry Pollard

Ragan of 10th Ragan of 32nd Ramsey Robinson Scott Starr Steinberg Tate

Taylor Thompson Timmons Turner Tysinger Walker of 22nd White

Voting in the negative were Senators Burton and Perdue.

Those not voting were Senators:

Albert Alien (excused) Langford

Phillips Ray Shumake

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 by substitute.
Senator Broun of the 46th moved that HB 968 be immediately transmitted to the House.
On the motion, the yeas were 33, nays 1; the motion prevailed, and HB 968 was imme diately transmitted to the House.

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.
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:

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 Perdue Perry

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

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Those not voting were Senators:

Albert Alien (excused) Egan Henson

Langford Phillips Ray

Shumake Walker of 43rd 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 bill of the Senate was taken up for the purpose of considering the House substitute thereto:

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 House substitute to SB 460 was as follows:

A BILL
To be entitled an Act 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 author ize counties and municipalities to issue permits for the operation of nonprofit food sales and food service; to define certain terms; to provide minimum requirements applicable to non profit 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 which are currently required to obtain a license from the Commissioner under any other provision of law; bakeries; confectionaries; 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 defined 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 which:
(A) Is sponsored by a political subdivision of this state or by an organization exempt fronvtaxes 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

TUESDAY, MARCH 24, 1992

2309

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 48-1-2;
(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 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 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;

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JOURNAL OF THE SENATE

(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) A convenient handwashing facility shall be available for employee handwashing. This facility shall consist of, at least, warm running water and individual paper towels.
(g) 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.

Senator Moye of the 34th moved that the Senate agree to the House substitute to SB 460 as amended by the following amendment:

Amend the House substitute to SB 460 by adding on page 6 a new "Section 5" to read as follows:
"Section 5. This Act shall become effective upon approval by the Governor or upon its becoming law without such approval."

On the motion, 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 B urton
^C, o,lyeman Collins Dawkins j-j ea j D ean Echols Edge Egan Foster

Garner Gillis Hammill Harris Hasty Henson
Hill
Johnson Kidd Marable Moye Newbill Perry

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

TUESDAY, MARCH 24, 1992

2311

Those not voting were Senators:

Albert Alien (excused) English Langford

Perdue Phillips Ray

Shumake Starr Walker of 43rd

On the motion, the yeas were 46, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 460 as amended by the Senate.

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

Mr. President:

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

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

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.
Senate Sponsor: Senator Ragan of the 10th.

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

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

Those voting in the affirmative were Senators:

Baldwin
Bishop
Bowen Broun of 46th
Brown of 26th Burton

Garner
Gillis
Hammill Harris
Hasty Henson

CCoollleimnsan
Dawkins Deal Dean Echols Edge Foster

HHouogkgsins
Johnson Kidd Marable Newbill Perdue Perry

Pollard Ragan of 10th Ragan of 32nd Ramsey Robinson
0StSetam.rrb, erg
l ate Taylor Timmons Turner Tysinger White

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JOURNAL OF THE SENATE

Those not voting were Senators:

Albert Alien (excused) Egan English

Langford Moye Phillips Ray

Shumake 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 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.
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:

Bishop Bowen Broun of 46th Brown of 26th Burton Clay Coleman Collins Dawkins Deal Dean Echols
Edge
Egan
English

Foster Hammill Harris Hasty Henson Hill Hooks Huggins Johnson Kidd Marable Newbill
Perdue
Perry
Pollard

Ragan of 10th

Ragan of 32nd

Ramsey

Robinson

Scott

starr

ct u

,,

g

Timmons Turner Tysinger Walker of 43rd White

Those not voting were Senators:

Albert Alien (excused) Baldwin Garner

Gillis Langford Moye Phillips

Ray Shumake Thompson 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.

TUESDAY, MARCH 24, 1992

2313

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

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 House substitute to SB 495 was as follows:

A BILL
To be entitled an Act 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 authorize judges to receive and retain as personal income certain voluntary tips, considerations, or gratuities for performing marriage ceremonies; 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 3 of Title 19 of the Official Code of Georgia Annotated, relating to marriage licenses and ceremonies, is amended by adding at the end thereof a new Code Section 19-3-49 to read as follows:
"19-3-49. In addition to any compensation otherwise provided by law, any judge who performs a marriage ceremony at any time, except normal office hours, may receive and retain as personal income any tip, consideration, or gratuity voluntarily given to such judge for performing such marriage ceremony."
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 Ramsey of the 54th moved that the Senate agree to the House substitute to SB 495.

On the motion, 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 Hammill Harris Hasty Henson Hooks Huggins Kidd Marable Moye Perdue Perry

Ragan of 10th Ragan of 32nd Ramsey Ray Scott Starr Tate Thompson Timmons Turner Tysinger Walker of 43rd White

Those voting in the negative were Senators:

Brown of 26th Collins Deal

Egan Johnson Newbill

Pollard Robinson Steinberg

2314

JOURNAL OF THE SENATE

Those not voting were Senators:

Albert Alien (excused) Hill

Langford Phillips Shumake

Taylor Walker of 22nd

On the motion, the yeas were 39, nays 9; the motion prevailed, and the Senate agreed to the House substitute to SB 495.

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

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.

Senator Walker of the 43rd moved that the Senate adhere to its disagreement to the House amendment to SB 567, and that a Conference Committee be appointed.

On the motion, the yeas were 31, nays 0; the motion prevailed, and the Senate adhered to its disagreement to the House amendment to SB 567.

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.

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

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.

The House substitute to SB 474 was as follows:

A BILL
To be entitled an Act to amend Article 1 of Chapter 7 of Title 52 of the Official Code of Georgia Annotated, relating to general provisions relative to the registration, operation, and sale of watercraft, so as to prohibit the carriage of fire extinguishers which are not fully charged; to define certain terms; to require certain persons to wear personal flotation de vices; to restrict the renting or leasing of certain vessels to persons under 16 years of age; to restrict the hours of operation of certain vessels; to require certain safety devices on certain vessels; to provide for responsibility of persons who own or are in charge of certain vessels; to provide for a maximum speed for certain vessels in certain circumstances; to provide that a person under 16 years of age may not operate certain vessels; to provide for exceptions; to change the provisions relating to operating, navigating, steering, driving, or controlling of

TUESDAY, MARCH 24, 1992

2315

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; 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 7 of Title 52 of the Official Code of Georgia Annotated, relating to general provisions relative to the registration, operation, and sale of watercraft, is amended by inserting at the end of subsection (e) of Code Section 52-7-8, relating to the classification of vessels and equipment required on vessels, a new paragraph (5) to read as follows:
"(5) The carriage of any United States Coast Guard approved hand portable fire extin guisher or any fixed fire extinguishing system which is not fully charged shall be prohibited."
Section 2. Said article is further amended by inserting immediately following Code Sec tion 52-7-8.1 the following:
"52-7-8.2. (a) As used in this Code section, the term:
(1) 'Class A Vessel' means a boat less than 16 feet in length.
(2) 'Personal watercraft' means a Class A vessel which:
(A) Has an outboard motor or which has an inboard motor which uses an internal com bustion engine powering a water jet pump as its primary source of motive propulsion;
(B) Is designed with the concept that the operator and passenger ride on the outside surfaces of the vessel as opposed to riding inside the vessel; and
(C) Has the probability that the operator and passenger may, in the normal course of use, fall overboard.
Such term includes, without limitation, any vessel where the operator and passenger ride on the outside surfaces of the vessel, even if the primary source of motive propulsion is a propeller, and any vessels commonly known as a 'jet ski.'
(b) No person shall operate or give permission to operate personal watercraft on the waters of this state unless each person aboard such personal watercraft is wearing a United States Coast Guard approved personal flotation device, Type I, Type II, Type HI, or Type V. Each such personal flotation device must be properly fastened, in good and serviceable condition, and the proper size for the person wearing it.
(c) No person shall rent, lease, or let for hire a personal watercraft to any person under the age of 16 years.
(d) No person shall operate a personal watercraft on the waters of this state between the hours from one-half hour after sunset to one-half hour before sunrise.
(e) No person shall operate a personal watercraft on the waters of this state unless such personal watercraft is equipped with a self-circling device or a lanyard-type engine cutoff switch.
(f) No person shall operate on the waters of this state a personal watercraft which has been equipped by the manufacturer with a lanyard-type engine cutoff switch unless the lanyard and the switch are operational and unless the lanyard is attached to the operator, the operator's clothing, or a personal flotation device worn by the operator.
(g) No person shall operate on the waters of this state a personal watercraft which has been equipped by the manufacturer with a self-circling device if the self-circling device or the engine throttle has been altered in any way that would prohibit the self-circling device from operating in its intended manner.
(h) It shall be unlawful for any person who owns a personal watercraft or who has

2316

JOURNAL OF THE SENATE

charge over or control of a personal watercraft to authorize or knowingly to permit such personal watercraft to be operated in violation of this Code section.
(i) The provisions of this Code section shall not apply to vessels engaged in any activity authorized under Code Section 52-7-19.
(j) No person shall operate a personal watercraft on the waters of this state in excess of five miles per hour within 100 feet of any moored or anchored vessel, shore, wharf, dock, pier, piling, bridge structure or abutment, or a person in the water.
(k) No person under the age of 16 shall operate a personal watercraft on the waters of this state, except that persons 12 to 16 years of age may operate a personal watercraft if a person 18 years of age or older is aboard the vessel."
Section 3. Said article is further amended by striking Code Section 52-7-12, which reads as follows:
"52-7-12. (a) No person shall operate, navigate, steer, or drive any vessel, or be in actual physical control of any moving vessel, nor shall any person manipulate any moving water skis, moving aquaplane, moving surfboard, or similar moving device while:
(1) Under the influence of alcohol;
(2) Under the influence of any drug to a degree which renders him incapable of operat ing safely;
(3) Under the combined influence of alcohol and any drug to a degree which renders him incapable of operating safely; or
(4) There is 0.12 percent or more by weight of alcohol in his blood.
(b) The fact that any person charged with violating this Code section is or has been otherwise entitled to use a drug shall not constitute a defense against any charge of violating this Code section.
(c) Upon trial of any civil or criminal action or proceeding arising out of acts alleged to have been committed by any person while operating or in actual physical control of a vessel while under the influence of alcohol or drugs, evidence of the amount of alcohol or drug in a person's blood at the alleged time, as determined by a chemical analysis of the person's blood, urine, breath, or other bodily substances shall be admissible. Where such chemical test is made, the following provisions shall apply:
(1) Chemical analysis of the person's blood, urine, breath, or other bodily substance, to be considered valid under this Code section, shall have been performed according to meth ods approved by the Division of Forensic Sciences of the Georgia Bureau of Investigation and by an individual possessing a valid permit issued by the Division of Forensic Sciences for this purpose. The Division of Forensic Sciences of the Georgia Bureau of Investigation is authorized to approve satisfactory techniques or methods to ascertain the qualifications and competence of individuals to conduct analyses and to issue permits, which shall be subject to termination or revocation at the discretion of the Division of Forensic Sciences;
(2) When a person shall undergo a chemical test at the request of a law enforcement officer under subsection (e) of this Code section, only a physician, registered nurse, labora tory technician, or other qualified person may withdraw blood for the purpose of determin ing the alcoholic content therein, provided that this limitation shall not apply to the taking of breath or urine specimens. No physician, registered nurse, laboratory technician, or other qualified person or employer thereof shall incur any civil or criminal liability as a result of the medically proper obtaining of such blood specimens when requested in writing by a law enforcement officer;
(3) The person tested may have a physician or a qualified technician, chemist, regis tered nurse, or other qualified person of his own choosing administer a chemical test or tests in addition to any administered at the direction of a law enforcement officer. The justifiable

TUESDAY, MARCH 24, 1992

2317

failure or inability to obtain an additional test shall not preclude the admission of evidence relating to the test or tests taken at the direction of a law enforcement officer;
(4) Upon request of the person who shall submit to a chemical test or tests at the request of a law enforcement officer, full information concerning the test or tests shall be made available to him or his attorney. The arresting officer at the time of arrest shall advise the person arrested of his rights to a chemical test or tests according to this Code section; and
(5) Percent by weight of alcohol in the blood shall be based upon grams of alcohol per 100 cubic centimeters of blood.
(d) Upon the trial of any civil or criminal action or proceeding arising out of acts al leged to have been committed by any person while operating or in actual physical control of a moving vessel while under the influence of alcohol, the amount of alcohol in the person's blood at the time alleged, as shown by chemical analysis of the person's blood, urine, breath, or other bodily substance, shall give rise to the following presumptions:
(1) If there was at that time 0.05 percent or less by weight of alcohol in the person's blood, it shall be presumed that the person was not under the influence of alcohol;
(2) If there was at that time in excess of 0.05 percent but less than 0.10 percent by weight of alcohol in the person's blood, such fact shall not give rise to any presumption that the person was or was not under the influence of alcohol, but such fact may be considered with other competent evidence in determining whether the person was under the influence of alcohol;
(3) If there was at that time 0.10 percent or more by weight of alcohol in the person's blood, it shall be presumed that the person was under the influence of alcohol; and
(4) If there was at that time 0.12 percent or more by weight of alcohol in the person's blood, the person shall be in violation of paragraph (4) of subsection (a) of this Code section.
(e) The State of Georgia considers that persons who are under the influence of alcohol or drugs while operating a vessel on the waters of this state constitute a direct and immedi ate threat to the welfare and safety of the general public. Therefore, any person who oper ates a vessel upon the waters of this state shall be deemed to have given consent, subject to subsections (c) and (d) of this Code section, to a chemical test or tests of his blood, breath, or urine or other bodily substances, for the purpose of determining the alcoholic or drug content of his blood if arrested for any offense arising out of acts alleged to have been committed while the person was operating or in physical control of a vessel while under the influence of alcohol or any drug. The test or tests shall be administered at the request of a law enforcement officer having reasonable grounds to believe that the person has been oper ating or was in actual physical control of a vessel upon the waters of this state while under the influence of alcohol or any drug. Subject to subsections (c) and (d) of this Code section, the requesting law enforcement officer shall designate which of the aforesaid tests shall be administered.
(f) Any person who is dead, unconscious, or otherwise in a condition rendering him incapable of refusal, shall be deemed not to have withdrawn the consent provided by sub section (e) of this Code section, and the test or tests may be administered subject to subsec tions (c) and (d) of this Code section.
(g) If a person refuses, upon the request of a law enforcement officer, to submit to a chemical test designated by the law enforcement officer as provided in subsection (e) of this Code section, no test shall be given; however, such refusal shall be admissible in evidence.
(h) In the event of a boating accident involving a fatality, the investigating coroner or medical examiner having jurisdiction shall direct that a chemical blood test to determine blood alcohol concentration (BAG) or the presence of drugs be performed on the dead per son or persons and that the results of such test be properly recorded in his report.

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JOURNAL OF THE SENATE

(i) No person shall operate any vessel or manipulate any water skis, aquaplane, surf board, or similar device in a reckless or negligent manner so as to endanger the life, limb, or property of any person.
(j) It shall be unlawful for the owner of any vessel knowingly to allow or authorize any person to operate such vessel or to manipulate any water skis, aquaplane, surfboard, or similar device being towed by such vessel when the owner knows or has reasonable grounds to believe that said person is intoxicated or under the influence of alcohol or drugs.",
and inserting in lieu thereof a new Code Section 52-7-12 to read as follows:
"52-7-12. (a) No person shall operate, navigate, steer, or drive any moving vessel, or be in actual physical control of any moving vessel, nor shall any person manipulate any moving water skis, moving aquaplane, moving surfboard, or similar moving device while:
(1) Under the influence of alcohol to the extent that it is less safe for the person to operate, navigate, steer, drive, manipulate, or be in actual physical control of a moving ves sel, moving water skis, moving aquaplane, moving surfboard, or similar moving device;
(2) Under the influence of any drug to the extent that it is less safe for the person to operate, navigate, steer, drive, manipulate, or be in actual physical control of a moving ves sel, moving water skis, moving aquaplane, moving surfboard, or similar moving device;
(3) Under the combined influence of alcohol and any drug to the extent that it is less safe for the person to operate, navigate, steer, drive, manipulate, or be in actual physical control of a moving vessel, moving water skis, moving aquaplane, moving surfboard, or simi lar moving device;
(4) The person's alcohol concentration is 0.10 grams or more at any time within three hours after such operating, navigating, steering, driving, manipulating, or being in actual physical control of a moving vessel, moving water skis, moving aquaplane, moving surfboard, or similar moving device from alcohol consumed before such operating, navigating, steering, driving, manipulating, or being in actual physical control ended; or
(5) Subject to the provisions of subsection (b) of this Code section, there is any amount of marijuana or a controlled substance, as defined in Code Section 16-13-21, present in the person's blood or urine, or both, including the metabolites and derivatives of each or both without regard to whether or not any alcohol is present in the person's breath or blood.
(b) The fact that any person charged with violating this Code section is or has been legally entitled to use a drug shall not constitute a defense against any charge of violating this Code section; provided, however, that such person shall not be in violation of this Code section unless such person is rendered incapable of operating, navigating, steering, driving, manipulating, or being in actual physical control of a moving vessel, moving water skis, moving aquaplane, moving surfboard, or similar moving device safely as a result of using a drug other than alcohol which such person is legally entitled to use.
(c) Upon trial of any civil or criminal action or proceeding arising out of acts alleged to have been committed by any person while operating, navigating, steering, driving, manipu lating, or being in actual physical control of a moving vessel, moving water skis, moving aquaplane, moving surfboard, or similar moving device while under the influence of alcohol or drugs, evidence of the amount of alcohol or drug in a person's blood, urine, breath, or other bodily substance at the alleged time, as determined by a chemical analysis of the person's blood, urine, breath, or other bodily substances, shall be admissible. Where such chemical test is made, the following provisions shall apply:
(1) Chemical analysis of the person's blood, urine, breath, or other bodily substance, to be considered valid under this Code section, shall have been performed according to meth ods approved by the Division of Forensic Sciences of the Georgia Bureau of Investigation and by an individual possessing a valid permit issued by the Division of Forensic Sciences for this purpose. The Division of Forensic Sciences of the Georgia Bureau of Investigation is authorized to approve satisfactory techniques or methods to ascertain the qualifications and

TUESDAY, MARCH 24, 1992

2319

competence of individuals to conduct analyses and to issue permits, which shall be subject to termination or revocation at the discretion of the Division of Forensic Sciences;
(2) When a person shall undergo a chemical test at the request of a law enforcement officer under subsection (e) of this Code section, only a physician, registered nurse, labora tory technician, emergency medical technician, or other qualified person may withdraw blood for the purpose of determining the alcoholic content therein, provided that this limi tation shall not apply to the taking of breath or urine specimens. No physician, registered nurse, laboratory technician, emergency medical technician, or other qualified person or em ployer thereof shall incur any civil or criminal liability as a result of the medically proper obtaining of such blood specimens when requested in writing by a law enforcement officer;
(3) The person tested may have a physician or a qualified technician, chemist, regis tered nurse, or other qualified person of his or her own choosing administer a chemical test or tests in addition to any administered at the direction of a law enforcement officer. The justifiable failure or inability to obtain an additional test shall not preclude the admission of evidence relating to the test or tests taken at the direction of a law enforcement officer; and
(4) Upon request of the person who shall submit to a chemical test or tests at the request of a law enforcement officer, full information concerning the test or tests shall be made available to such person or such person's attorney. The arresting officer at the time of arrest shall advise the person arrested of his or her rights to a chemical test or tests accord ing to this Code section.
(d) Upon the trial of any civil or criminal action or proceeding arising out of acts al leged to have been committed by any person while operating, navigating, steering, driving, manipulating, or being in actual physical control of a moving vessel, moving water skis, moving aquaplane, moving surfboard, or similar moving device while under the influence of alcohol, the amount of alcohol in the person's blood at the time alleged, as shown by chemi cal analysis of the person's blood, urine, breath, or other bodily substance, shall give rise to the following presumptions:
(1) If there was at that time an alcohol concentration of 0.05 grams or less, it shall be presumed that the person was not under the influence of alcohol, as prohibited by paragraphs (1), (2), and (3) of subsection (a) of this Code section;
(2) If there was at that time an alcohol concentration in excess of 0.05 grams but less than 0.08 grams, such fact shall not give rise to any presumption that the person was or was not under the influence of alcohol, as prohibited by paragraphs (1), (2), and (3) of subsec tion (a) of this Code section, but such fact may be considered with other competent evi dence in determining whether the person was under the influence of alcohol, as prohibited by paragraphs (1), (2), and (3) of subsection (a) of this Code section;
(3) If there was at that time an alcohol concentration of 0.08 grams or more, it shall be presumed that the person was under the influence of alcohol, as prohibited by paragraphs (1), (2), and (3) of subsection (a) of this Code section; and
(4) If there was at that time or within three hours after operating, navigating, steering, driving, manipulating, or being in actual physical control of a moving vessel, moving water skis, moving aquaplane, moving surfboard, or similar moving device from alcohol consumed before such operating, navigating, steering, driving, manipulating, or being in actual physi cal control ended an alcohol concentration of 0.10 or more grams, the person shall be in violation of paragraph (4) of subsection (a) of this Code section.
(e) The State of Georgia considers that persons who are under the influence of alcohol or drugs while operating a vessel on the waters of this state constitute a direct and immedi ate threat to the welfare and safety of the general public. Therefore, any person who oper ates a vessel upon the waters of this state shall be deemed to have given consent, subject to subsections (c) and (d) of this Code section, to a chemical test or tests of his or her blood, breath, or urine or other bodily substances for the purpose of determining the alcoholic or drug content of his or her blood if arrested for any offense arising out of acts alleged to have been committed while the person was operating, navigating, steering, driving, manipulating,

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or in actual physical control of a moving vessel, moving water skis, moving aquaplane, mov ing surfboard, or similar moving device while under the influence of alcohol or any drug. The test or tests shall be administered at the request of a law enforcement officer having reasonable grounds to believe that the person has been operating or was in actual physical control of a vessel upon the waters of this state while under the influence of alcohol or any drug. Subject to subsections (c) and (d) of this Code section, the requesting law enforcement officer shall designate which of the aforesaid tests shall be administered.
(f) Any person who is dead, unconscious, or otherwise in a condition rendering him or her incapable of refusal shall be deemed not to have withdrawn the consent provided by subsection (e) of this Code section, and the test or tests may be administered subject to subsections (c) and (d) of this Code section.
(g) If a person refuses, upon the request of a law enforcement officer, to submit to a chemical test designated by the law enforcement officer as provided in subsection (e) of this Code section, no test shall be given; however, such refusal shall be admissible in evidence.
(h) In the event of a boating accident involving a fatality, the investigating coroner or medical examiner having jurisdiction shall direct that a chemical blood test to determine blood alcohol concentration (BAG) or the presence of drugs be performed on the dead per son or persons and that the results of such test be properly recorded in his or her report.
(i) No person shall operate any vessel or manipulate any water skis, aquaplane, surf board, or similar device in a reckless or negligent manner so as to endanger the life, limb, or property of any person.
(j) It shall be unlawful for the owner of any vessel knowingly to allow or authorize any person to operate such vessel or to manipulate any water skis, aquaplane, surfboard, or similar device being towed by such vessel when the owner knows or has reasonable grounds to believe that said person is intoxicated or under the influence of alcohol or drugs."
Section 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 5. All laws and parts of laws in conflict with this Act are repealed.

Senator Deal of the 49th moved that the Senate agree to the House substitute to SB 474.

On the motion, 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 Coleman Deal

Dean Henson Huggins Johnson Kidd Pollard Ragan of 10th

Ramsey Starr Steinberg Turner Tysinger Walker of 43rd White

Those voting in the negative were Senators:

Brown of 26th Clay Collins Dawkins Echols Edge Egan English

Foster Gillis Hammill Harris Hill Marable Moye Perdue

Perry Ragan of 32nd Ray Robinson Tate Taylor Thompson Timmons

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Those not voting were Senators:

Albert Alien (excused) Garner Hasty

Hooks Langford Newbill Phillips

Scott Shumake Walker of 22nd

On the motion, the yeas were 21, nays 24; the motion was lost, and the Senate did not agree to the House substitute to SB 474.

The following general resolution and bill of the House, favorably reported by the com mittees, were read and put upon their passage:

HR 997. By Representative Lane of the 27th: Senate Sponsor: Senator Starr of the 44th.

A RESOLUTION
To amend the resolution approved April 12, 1991 (Ga. L. 1991, p. 2031), which proposed an amendment to the Constitution which would require that when local Acts of the General Assembly repeal constitutional amendments applicable to particular political subdivisions, each such local Act shall be conditioned for its effectiveness on approval by a majority of the qualified voters voting on such question in the particular political subdivision or subdi visions affected by the amendment, so as to clarify the meaning of said resolution; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. The resolution approved April 12, 1991 (Ga. L. 1991, p. 2031), which pro posed an amendment to the Constitution which would require that when local Acts of the General Assembly repeal constitutional amendments applicable to particular political subdi visions, each such local Act shall be conditioned for its effectiveness on approval by a major ity of the qualified voters voting on such question in the particular political subdivision or subdivisions affected by the amendment, is amended as follows:
(a) In the title of such resolution, strike the words "in the particular political subdivi sion or subdivisions" and substitute the words "in each of the particular political subdivisions".
(b) In Section 1 of such resolution, strike the words "in the particular political subdivi sion or subdivisions" and substitute the words "in each of the particular political subdivisions".
(c) In the ballot language of Section 2 of such resolution, strike the words "in the par ticular political subdivision or subdivisions" and substitute the words "in each of the partic ular political subdivisions".

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the resolution proposing an amendment to the Constitution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Baldwin Bishop Bowen Broun of 46th

Brown of 26th Burton Clay Coleman

Collins Dawkins Deal Dean

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Echols Edge Egan English Foster Garner Gillis Hammill Harris Henson Hill

Hooks Huggins Kidd Marable Moye Perdue Perry Pollard Ragan of 10th Ragan of 32nd Ramsey

Ray Robinson Scott Starr Steinberg Tate Thompson Timmons Turner Walker of 43rd White

Voting in the negative was Senator Newbill.

Those not voting were Senators:

Albert Alien (excused) Hasty Johnson

Langford Phillips Shumake

Taylor Tysinger Walker of 22nd

On the adoption of the resolution, the yeas were 45, nays 1.

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

Senator Newbill of the 56th gave notice that, at the proper time, she would move that the Senate reconsider its action in adopting HR 997.

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.
Senate Sponsor: Senator Baldwin of the 29th.

The Senate Committee on Judiciary offered the following substitute to HB 1116:

A BILL
To be entitled an Act to amend Chapter 5 of Title 36 of the Official Code of Georgia Annotated, relating to the organization of county government, and Code Section 36-34-2 of the Official Code of Georgia Annotated, relating to the administration of municipal govern ment generally, so as to provide for the power of county and municipal governing authorities to authorize any of the officers, agents, and employees of the county or municipal corpora tion to serve certain process, summons, notices, or orders; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 5 of Title 36 of the Official Code of Georgia Annotated, relating to the organization of county government, is amended by adding a new Code Section 36-5-26 to read as follows:
"36-5-26. A county governing authority shall have the power to authorize any of the

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officers, agents, and employees of the county to serve, in any manner prescribed by applica ble law, any process, summons, notice, or order on all persons, as denned in Code Section 13-3 therein named, when:
(1) The paper to be served arises out of or relates to an activity or condition conducted or maintained by such person within the territorial jurisdiction of the county in violation of an applicable law or ordinance covering the following: public housing, building, electrical, plumbing, heating, ventilating, air-conditioning, air and water pollution control, solid waste management, and other technical or environmental codes; county business, occupation, and professional license tax ordinances; county privilege license or permit ordinances; or ordi nances providing for the protection of facilities for the treatment or wholesale or retail dis tribution of water from tampering or theft which may arise either from a single isolated act or omission or from an activity or condition;
(2) The paper to be served originates in or is issued under the authority of the depart ment or branch of county government employing such officer, agent, or employee; and
(3) Each and every day the condition is maintained or the activity is conducted is made a separate county offense by applicable law or ordinance.
Where any such paper names one or more persons who reside outside the territorial jurisdiction of the county, the several sheriffs, marshals, and constables of the several coun ties of this state are authorized and directed to serve any such paper and make appropriate return of such service by them, as other process is served and returned, on such named persons residing in their respective jurisdictions, upon receipt of a written request to make such service, for the fees allowed for service of process issued by the superior courts of this state."
Section 2. Code Section 36-34-2 of the Official Code of Georgia Annotated, relating to the administration of government generally, is amended by striking in its entirety paragraph (3) and inserting in lieu thereof the following:
"(3) The power to authorize any of the officers, agents, and employees of the municipal corporation to serve, in any manner prescribed by applicable law, any process, summons, notice, or order on all persons, as defined in Code Section 1-3-3 therein named, when:
(A) The paper to be served arises out of or relates to an activity or condition, other than a single isolated act or omiaaion, conducted or maintained by such person within the territorial jurisdiction of the municipal corporation in violation of an applicable law or ordi nance covering the following: Municipal housing, building, electrical, plumbing, heating, ventilating, air-conditioning, air and water pollution control, solid waste management, and other technical or environmental codes; municipal business, occupation, and professional license tax ordinances; municipal privilege license or permit ordinances; or ordinances pro viding for the protection of facilities for the treatment or wholesale or retail distribution of water from tampering or theft which may arise either from a single isolated act or omission or from an activity or condition;
(B) The paper to be served originates in or is issued under the authority of the depart ment or branch of municipal government employing such officer, agent, or employee; and
(C) Each and every day the condition is maintained or the activity is conducted is made a separate municipal offense by applicable law or ordinance.
Where any such paper names one or more persons who reside outside the territorial jurisdiction of the municipal corporation, the several sheriffs, marshals, and constables of the several counties of this state are authorized and directed to serve any such paper and make appropriate return of such service by them, as other process is served and returned, on such named persons residing in their respective jurisdictions, upon receipt of a written request to make such service, for the fees allowed for service of process issued by the supe rior courts of this state;".
Section 3. All laws and parts of laws in conflict with this Act are repealed.

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

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

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

Those voting in the affirmative were Senators:

Baldwin Bishop Bowen Broun of 46th Brown of 26th Burton CCloalyeman
DCoawlliknisns Deal Dean Echols Egan English Foster

Garner Gillis Hammill Harris Hasty Henson HHoilol ks
JHouhgngsionns Kidd Marable Newbill Perry Pollard Ragan of 10th

Ragan of 32nd Ramsey Ray Robinson Scott *,,,, S,temb, erg
T,hompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White

Those not voting were Senators:

Albert Alien (excused) Edge

Langford Moye Perdue

Phillips Shumake Taylor

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

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

The following local bills of the Senate were taken up for the purpose of considering the House substitutes thereto:

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.

The House substitute to SB 706 was as follows:

A BILL
To be entitled an Act to amend an Act creating the Board of Commissioners of Putnam County, approved September 8, 1879 (Ga. L. 1879, p. 334), as amended, particularly by an Act approved August 12, 1921 (Ga. L. 1921, p. 555), so as to change the composition of the commissioner districts from which the chairman and members of the board are elected; to provide for definitions and inclusions; to provide for other related matters; to provide for

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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 the Board of Commissioners of Putnam County, approved September 8, 1879 (Ga. L. 1879, p. 334), as amended, particularly by an Act approved Au gust 12, 1921 (Ga. L. 1921, p. 555), is amended in said 1921 amendatory Act by striking Sections 2 and 3 in their entirety and substituting in lieu thereof new Sections 2 and 3 to read as follows:
"Section 2. The governing authority of Putnam County shall be a board of commission ers consisting of a chairman and four additional members who shall be elected as hereinaf ter provided in this Act.
Section 3. (a) The chairman of the board of commissioners may reside anywhere within Putnam County and shall be elected by a majority of the qualified electors of Putnam 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 Putnam 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, Put nam County shall be divided into four commissioner districts as follows:
COMMISSIONER DISTRICT 1: Starting at the corner of U. S. Highway 441 (desig nated as Jefferson Avenue in the City of Eatonton) and West Harris Street; then West along the centerline of West Harris Street until it intersects North Washington Street; then North along the centerline of North Washington Street until it intersects Wayne Street; then West along centerline of Wayne Street until it intersects North LaFayette Street; then South along centerline of North LaFayette Street until it intersects West Harris Street; then West along centerline of West Harris Street and then South along centerline of West Harris Street until it intersects Georgia Highway 16 (also known in the City of Eatonton as Marion Street); then West along the centerline of Ga. Highway 16 until it is intersected by Oak Way (also known as the Godfrey Road); then North along the center line of Oak Way until it intersects Martin Mill Road; then southwesterly along the center line of Martin Mill Road until it intersects Glady Creek; then South along the center bed of Glady Creek until it intersect Ga. Highway 16; then West along the centerline of Ga. Highway 16 until it inter sects the Putnam County line; then South along the Putnam County line until it intersects the southern border of Putnam County; then East along the Southern border of the Putnam County line until it intersects U. S. Highway 129 (also known as the Gray Road); then North along the centerline of U. S. Highway 129 until it intersects U. S. Highway 441; then in a southeasterly direction along the centerline of U. S. Highway 441 until it intersects Park Road; then West along the centerline of Park Road until it intersects the Golston Road; then in a northwesterly direction along the centerline of the Golston Road (known in the city of Eatonton as Martin Luther King, Jr. Drive) until it reaches the corner of Martin Luther King Jr. Drive and Pond Street; then West along the centerline of Pond Street until it intersects S. Jefferson Street; and then North along the center line of S. Jefferson until the point of beginning.
COMMISSIONER DISTRICT 2: Beginning at the corner of W. Harris Street and U. S. Highway 441; then West along the centerline of W. Harris Street until it intersects N. Madison Avenue; then North along the center line of N. Madison Avenue until it intersects W. Magnolia Street; then East along the centerline of West Magnolia St. until it crosses U. S. Highway 441 and then continuing along the centerline of East Magnolia Street until said street comes to an end; then Northeast along the eastern boundary of subdivision lot 29 in the Woodland Heights Subdivision until it ends; then in a northwesterly direction along the northern boundary line of subdivision lots 29 and 28 in the Woodland Heights Subdivision until they end; then in a northeasterly direction along the eastern boundary lines of subdivi sion lots 30, 31, 32, 33, 34, 35, and 36 in the Woodland Heights Subdivision until it inter sects a wire fence; then in a northeasterly direction along said wire fence which crosses Tax

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Parcel No. 1 as shown on Putnam County Tax map No. 50 until it intersects the Eatonton City limits as they existed on January 1, 1990; then in a northwesterly direction along the centerline of the Eatonton City limits as they existed on January 1, 1990 until they intersect the Central of Georgia railroad tracks; then in a northwesterly direction along the centerline of the Central of Georgia Railway tracks until they intersect New Street; then in a north easterly direction along the centerline of New St. until it intersects the boundary of the Eatonton Putnam North Industrial Park; then along the boundary of the Eatonton Putnam North Industrial Park until it finally intersects Eatonton North Subdivision; then east along the centerline of Sherwood Avenue until it intersects U. S. Highway 441; then North along the centerline of U. S. Highway 441 until it is intersected by Harmony Road; then in a North Easterly direction along the centerline of Harmony Road until it is intersected by Little's Road; then northwesterly along the centerline of Little Road until it is intersected by the Marshall Road; then in a Northeasterly direction along the center line of Marshall Road until it intersects North Sugar Creek road; then in a easterly direction along the cen terline of the North Sugar Creek Road until it intersects Parks Mill Road; then south along the centerline of Parks Mill Road until it intersects Harmony Road; then Southwesterly along the centerline of Harmony Road until it intersects Alexander Road; then in a south easterly direction along the centerline of Alexander Road until it intersects Georgia High way 44; then in a southwesterly direction along the centerline of Georgia Highway 44 until it is intersected by the New Phoenix Road; then in a southeasterly direction along the centerline of the New Phoenix Road until it intersects Ga. Highway 16; then east along the centerline of Ga. Highway 16 until it is intersected by the Texas Chapel Road; then southeast along the centerline of the Texas Chapel Road until it intersects Texas Chapel Drive; then in a southwesterly direction along the centerline of the Texas Chapel Drive until it inter sects Oconee Springs Road; then in a westerly direction along the centerline of Oconee Springs Road until it intersects Pea Ridge Road; then south along the centerline of Pea Ridge Road until it intersects the Golston Road; then in a Northwesterly direction along the centerline of the Golston Road until it reaches the boundary of Voting District 1, as de scribed herein; then along the boundary of Voting District One, as described above, until the point of beginning.
COMMISSIONER DISTRICT 3: Beginning at the point where Georgia Highway 16 intersects the western boundary of Putnam County; then east along the boundary of Voting District 1, as described herein, until it reaches the intersection of W. Harris Street and N. Madison Avenue; then North along the centerline of N. Madison Avenue until it intersects the boundary of Voting District 2, as described herein, until it finally reaches the intersec tion of Pea Ridge Road and Crooked Creek Road; then in a easterly direction along the centerline of Crooked Creek Road until it intersects Crooked Creek; then south along the center bed of Crooked Creek until it intersects Lake Sinclair; and then along the boundary of Putnam County in a northerly direction, a westerly direction and then southerly direction until the point of beginning.
COMMISSIONER DISTRICT 4: All of the remaining area of Putnam County not de scribed in Voting Districts 1, 2 and 3 herein.
(b) Any part of Putnam County which is described in subsection (a) of this section as being included in a particular commissioner district shall nevertheless not be included within such commissioner district if such part is not contiguous to such commissioner dis trict. Such noncontiguous 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.
(c) A candidate for commissioner other than the chairman, hereinafter referred to as district commissioner, shall have been a resident of the commissioner district for which the candidate is offering for at least one year and of Putnam County for at least two years prior to the election. A district commissioner shall remain a resident of the respective commis sioner district during the term for which elected. Each district commissioner shall be elected by a majority of the qualified electors voting within each respective commissioner district. A candidate for district commissioner shall specify the commissioner district for which the

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candidate is offering. The chairman and all other members of the 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.'
(d) The members of the board serving in office on the effective date of this Act shall continue to serve in office until the expiration of the terms for which they were elected, which terms shall expire December 31, 1992, and until their successors are elected and qual ified as provided in this Act. Thereafter, their successors 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 2. 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 Putnam 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 3. All laws and parts of laws in conflict with this Act are repealed.
Senator Kidd of the 25th moved that the Senate agree to the House substitute to SB 706 by the following substitute:
A BILL
To be entitled an Act to amend an Act creating the Board of Commissioners of Putnam County, approved September 8, 1879 (Ga. L. 1879, p. 334), as amended, particularly by an Act approved August 12, 1921 (Ga. L. 1921, p. 555), so as to change the number of commis sioners and the number and composition of the commissioner districts from which the chair man and members of the board are elected; to provide election procedures and for terms of office; to provide for definitions and inclusions; to provide for other related matters; 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 creating the Board of Commissioners of Putnam County, approved September 8, 1879 (Ga. L. 1879, p. 334), as amended, particularly by an Act approved Au gust 12, 1921 (Ga. L. 1921, p. 555), is amended in said 1921 amendatory Act by striking Sections 2 and 3 in their entirety and substituting in lieu thereof new Sections 2 and 3 to read as follows:
"Section 2. The governing authority of Putnam County shall be a board of commission ers consisting of a chairman and five additional members who shall be elected as hereinafter provided in this Act.
Section 3. (a) The Chairman of the board of commissioners may reside anywhere within Putnam County and shall be elected by a majority of the qualified electors of Putnam 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 Putnam 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 five members of the board, Put nam County shall be divided into five commissioner districts as follows:
Commissioner District: 1
PUTNAM COUNTY VTD: 1702 2

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Commissioner District: 2
PUTNAM COUNTY VTD: 1701 1 VTD: 1703 3 (Part) Tract: 9602. Block(s): 243, 244A, 244B, 245A, 245B, 321, 328, 329A, 329B, 330, 331
Commissioner District: 3
PUTNAM COUNTY VTD: 1703 3 (Part) Tract: 9601. Block(s): 101, 102, 103, 104, 105, 106, 107, 111, 115, 191, 192, 193, 194, 195 Tract: 9602. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 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, 147, 150, 151, 152, 153, 154, 155, 160, 161, 162, 163, 164, 165, 166, 167A, 168C, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 184, 185, 193, 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, 235A, 235B, 236, 237, 238, 239, 240, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265, 266, 267, 268, 269, 270, 271, 272, 301, 302, 303, 304, 305, 306, 307, 309, 310, 311, 312, 313, 314, 315, 316, 317, 319, 320, 322, 323, 324, 325, 326, 327, 403A, 404, 406A, 407B, 419, 420, 421, 422
Commissioner District: 4
PUTNAM COUNTY VTD: 1704 4 (Part) Tract: 9603. Block(s): 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, 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, 183, 184, 185, 186, 187, 188, 189, 190, 191, 192, 193, 194, 195, 196, 197, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 218, 219, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 237, 238, 239, 240, 241, 242, 243, 244, 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, 270, 271, 272, 273, 274, 275, 276, 277, 278, 279, 280, 281, 282, 283, 284, 285, 286, 287, 288, 289, 290, 291, 292, 293, 294, 295, 296, 297
Commissioner District: 5
PUTNAM COUNTY VTD: 1703 3 (Part) Tract: 9601. Block(s): 112, 116, 117, 118, 119, 120, 121, 122, 126, 127, 131, 132, 133, 137, 138, 139, 140, 141, 142, 144, 145, 146, 147, 150, 189, 190, 196 Tract: 9602. Block(s): 114 VTD: 1704 4 (Part) Tract: 9601. Block(s): 128, 129, 130, 134, 135, 136, 143, 148, 149, 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, 183, 184, 185, 186, 187, 188, 197, 201, 202, 203, 204, 205, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238,

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239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256 Tract: 9602. Block(s): 401, 408, 409, 410, 411, 412, 413, 414, 601 Tract: 9603. Block(s): 101, 140
(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 Putnam County which is not included in any commissioner district described 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 cen sus of 1990 for the State of Georgia; and
(5) Any part of Putnam 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.
(c) A candidate for commissioner other than the chairman, hereinafter referred to as district commissioner, shall have been a resident of the commissioner district for which the candidate is offering for at least one year and of Putnam County for at least two years prior to the election. A district commissioner shall remain a resident of the respective commis sioner district during the term for which elected. Each district commissioner shall be elected by a majority of the qualified electors voting within each respective commissioner district. A candidate for district commissioner shall specify the commissioner district for which the candidate is offering. The chairman and all other members of the 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.'
(d) The members of the board serving in office on the effective date of this Act shall continue to serve in office until the expiration of the terms for which they were elected, which terms shall expire December 31, 1992, and until their successors are elected and qual ified as provided in this Act. Thereafter, their successors 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 2. 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 Putnam 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 3. All laws and parts of laws in conflict with this Act are repealed.

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On the motion, the yeas were 33, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 706 by the Senate substitute.
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 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 substitute to SB 707 was as follows:
A BILL
To be entitled an Act to amend an Act changing the method of electing members for the Board of Education of Putnam County, approved March 27, 1972 (Ga. L. 1972, p. 2678), as amended, so as to change the composition of the education districts from which the mem bers 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.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act changing the method of electing members for the Board of Education of Putnam County, approved March 27, 1972 (Ga. L. 1972, p. 2678), as amended, is amended by striking Sections 1 and 2 of said Act and inserting in lieu thereof new Sections 1 and 2 to read as follows:
"Section 1. The Board of Education of Putnam County shall be composed of a chair man and four members. The chairman shall be elected from the Putnam County School District at large. The four members of the board shall be elected from the education dis tricts provided 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 Putnam County, the Putnam County School District shall be divided into four education districts as follows:
EDUCATION DISTRICT 1: Starting at the corner of U. S. Highway 441 (designated as Jefferson Avenue in the City of Eatonton) and West Harris Street; then West along the centerline of West Harris Street until it intersects North Washington Street; then North along the centerline of North Washington Street until it intersects Wayne Street; then West along centerline of Wayne Street until it intersects North LaFayette Street; then South along centerline of North LaFayette Street until it intersects West Harris Street; then West along centerline of West Harris Street and then South along centerline of West Harris Street until it intersects Georgia Highway 16 (also known in the City of Eatonton as Marion Street); then West along the centerline of Ga. Highway 16 until it is intersected by Oak Way (also known as the Godfrey Road); then North along the center line of Oak Way until it intersects Martin Mill Road; then southwesterly along the center line of Martin Mill Road until it intersects Glady Creek; then South along the center bed of Glady Creek until it intersect Ga. Highway 16; then West along the centerline of Ga. Highway 16 until it inter sects the Putnam County line; then South along the Putnam County line until it intersects the southern border of Putnam County; then East along the Southern border of the Putnam County line until it intersects U. S. Highway 129 (also known as the Gray Road); then North along the centerline of U. S. Highway 129 until it intersects U. S. Highway 441; then in a southeasterly direction along the centerline of U. S. Highway 441 until it intersects

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Park Road; then West along the centerline of Park Road until it intersects the Golston Road; then in a northwesterly direction along the centerline of the Golston Road (known in the City of Eatonton as Martin Luther King, Jr. Drive) until it reaches the corner of Martin Luther King Jr. Drive and Pond Street; then West along the centerline of Pond Street until it intersects S. Jefferson Street; and then North along the center line of S. Jefferson until the point of beginning.
EDUCATION DISTRICT 2: Beginning at the corner of W. Harris Street and U. S. Highway 441; then West along the centerline of W. Harris Street until it intersects N. Madison Avenue; then North along the centerline of N. Madison Avenue until it intersects W. Magnolia Street; then East along the centerline of West Magnolia St. until it crosses U. S. Highway 441 and then continuing along the centerline of East Magnolia Street until said street comes to an end; then Northeast along the eastern boundary of subdivision lot 29 in the Woodland Heights Subdivision until it ends; then in a northwesterly direction along the northern boundary line of subdivision lots 29 and 28 in the Woodland Heights Subdivision until they end; then in a northeasterly direction along the eastern boundary lines of subdivi sion lots 30, 31, 32, 33, 34, 35, and 36 in the Woodland Heights Subdivision until it inter sects a wire fence; then in a northeasterly direction along said wire fence which crosses Tax Parcel No. 1 as shown on Putnam County Tax map No. 50 until it intersects the Eatonton City limits as they existed on January 1, 1990; then in a northwesterly direction along the centerline of the Eatonton City limits as they existed on January 1, 1990 until they intersect the Central of Georgia railroad tracks; then in a northwesterly direction along the centerline of the Central of Georgia Railway tracks until they intersect New Street; then in a north easterly direction along the centerline of New St. until it intersects the boundary of the Eatonton Putnam North Industrial Park; then along the boundary of the Eatonton Putnam North Industrial Park until it finally intersects Eatonton North Subdivision; then east along the centerline of Sherwood Avenue until it intersects U. S. Highway 441; then North along the centerline of U. S. Highway 441 until it is intersected by Harmony Road; then in a North Easterly direction along the centerline of Harmony Road until it is intersected by Little's Road; then northwesterly along the centerline of Little Road until it is intersected by the Marshall Road; then in a Northeasterly direction along the center line of Marshall Road until it intersects North Sugar Creek road; then in a easterly direction along the cen terline of the North Sugar Creek Road until it intersects Parks Mill Road; then south along the centerline of Parks Mill Road until it intersects Harmony Road; then Southwesterly along the centerline of Harmony Road until it intersects Alexander Road; then in a south easterly direction along the centerline of Alexander Road until it intersects Georgia High way 44; then in a southwesterly direction along the centerline of Georgia Highway 44 until it is intersected by the New Phoenix Road; then in a southeasterly direction along the centerline of the New Phoenix Road until it intersects Ga. Highway 16; then east along the centerline of Ga. Highway 16 until it is intersected by the Texas Chapel Road; then southeast along the centerline of the Texas Chapel Road until it intersects Texas Chapel Drive; then in a southwesterly direction along the centerline of the Texas Chapel Drive until it inter sects Oconee Springs Road; then in a westerly direction along the centerline of Oconee Springs Road until it intersects Pea Ridge Road; then south along the centerline of Pea Ridge Road until it intersects the Golston Road; then in a Northwesterly direction along the centerline of the Golston Road until it reaches the boundary of Voting District 1, as de scribed herein; then along the boundary of Voting District One, as described above, until the point of beginning.
EDUCATION DISTRICT 3: Beginning at the point where Georgia Highway 16 inter sects the western boundary of Putnam County; then east along the boundary of Voting District 1, as described herein, until it reaches the intersection of W. Harris Street and N. Madison Avenue; then North along the centerline of N. Madison Avenue until it intersects the boundary of Voting District 2, as described herein, until it finally reaches the intersec tion of Pea Ridge Road and Crooked Creek Road; then in a easterly direction along the centerline of Crooked Creek Road until it intersects Crooked Creek; then south along the center bed of Crooked Creek until it intersects Lake Sinclair; and then along the boundary

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of Putnam County in a northerly direction, a westerly direction and then southerly direction until the point of beginning.
EDUCATION DISTRICT 4: All of the remaining area of Putnam County not described in Education Districts 1, 2 and 3 herein.
(b) Any part of Putnam 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 Untied States decennial census of 1990 for the State of Georgia.
(c) Each district member of the board of education shall be a resident of the respective 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 Putnam County School District for at least two years and of the education district for which the candidate 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 of the board shall have been a resident of the Putnam County School District at least two years prior to the date of election. The chairman may reside anywhere within the Putnam County School District and shall be elected by a majority of the qualified voters voting at large within the Putnam County School District. The chairman shall be a full-voting member of the board. All mem bers 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, the 'Georgia Election Code.'
(d) (1) The terms of office of the chairman and those members elected from Education Districts 3 and 4 shall expire December 31, 1992. Their successors shall be elected at the general election 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 immediately following their election.
(2) The terms of office of those members elected from Education Districts 1 and 2 shall expire December 31, 1994. Their successors shall be elected at the general election in No vember, 1994, and quadrennially thereafter from the education districts set forth in this Act for terms of four years and shall take office on the first day of January immediately follow ing their election.
(3) 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 Putnam County are to be elected in the November, 1992, general 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 Putnam 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.

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2333

Senator Kidd of the 25th moved that the Senate agree to the House substitute to SB 707 by the following substitute:
A BILL
To be entitled an Act to amend an Act changing the method of electing members for the Board of Education of Putnam County, approved March 27, 1972 (Ga. L. 1972, p. 2678), as amended, so as to change the composition of the education districts from which the mem bers of the board are elected; to provide for the chairman; to provide for definitions and inclusions; to provide for terms; 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.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act changing the method of electing members for the Board of Education of Putnam County, approved March 27, 1972 (Ga. L. 1972, p. 2678), as amended, is amended by striking Sections 1 and 2 of said Act and inserting in lieu thereof new Sections 1 and 2 to read as follows:
"Section 1. The Board of Education of Putnam County shall be composed of five mem bers. The five members of the board shall be elected from the education districts provided 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 Putnam County, the Putnam County School District shall be divided into five education districts as follows:
Education District: 1
PUTNAM COUNTY VTD: 1702 2
Education District: 2
PUTNAM COUNTY VTD: 1701 1 VTD: 1703 3 (Part) Tract: 9602. Block(s): 243, 244A, 244B, 245A, 245B, 321, 328, 329A, 329B, 330, 331
Education District: 3
PUTNAM COUNTY VTD: 1703 3 (Part) Tract: 9601. Block(s): 101, 102, 103, 104, 105, 106, 107, 111, 115, 191, 192, 193, 194, 195 Tract: 9602. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 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, 147, 150, 151, 152, 153, 154, 155, 160, 161, 162, 163, 164, 165, 166, 167A, 168C, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 184, 185, 193, 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, 235A, 235B, 236, 237, 238, 239, 240, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265, 266, 267, 268, 269, 270, 271, 272, 301, 302, 303, 304, 305, 306, 307, 309, 310, 311, 312, 313, 314, 315, 316, 317, 319, 320, 322, 323, 324, 325, 326, 327, 403A, 404, 406A, 407B, 419, 420, 421, 422

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Education District: 4
PUTNAM COUNTY VTD: 1704 4 (Part) Tract: 9603. Block(s): 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, 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, 183, 184, 185, 186, 187, 188, 189, 190, 191, 192, 193, 194, 195, 196, 197, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 218, 219, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 237, 238, 239, 240, 241, 242, 243, 244, 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, 270, 271, 272, 273, 274, 275, 276, 277, 278, 279, 280, 281, 282, 283, 284, 285, 286, 287, 288, 289, 290, 291, 292, 293, 294, 295, 296, 297
Education District: 5
PUTNAM COUNTY VTD: 1703 3 (Part) Tract: 9601. Block(s): 112, 116, 117, 118, 119, 120, 121, 122, 126, 127, 131, 132, 133, 137, 138, 139, 140, 141, 142, 144, 145, 146, 147, 150, 189, 190, 196 Tract: 9602. Block(s): 114 VTD: 1704 4 (Part) Tract: 9601. Block(s): 128, 129, 130, 134, 135, 136, 143, 148, 149, 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, 183, 184, 185, 186, 187, 188, 197, 201, 202, 203, 204, 205, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 222, 223, 224, 225, 226, 227, 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, 253, 254, 255, 256 Tract: 9602. Block(s): 401, 408, 409, 410, 411, 412, 413, 414, 601 Tract: 9603. Block(s): 101, 140
(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 Putnam 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 Putnam County which is described in this section as being included in a

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2335

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 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 Putnam County School District for at least two years and of the education district for which the candidate 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. All members of said board shall be nomi nated and elected in accordance with the provisions of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, the 'Georgia Election Code.'
(e) (1) The terms of office of the chairman and those members elected from Education Districts 3 and 4 shall expire December 31, 1992. Successors to members elected from Edu cation Districts 3 and 4 and the initial member elected from Education District 5 shall be elected at the general election in November, 1992, from the education districts set forth in this Act for terms of four years and shall take office on the first day of January immediately following their election. Quadrennially thereafter successors shall be elected for terms of four years and shall take office on the first day of January immediately following their election.
(2) The terms of office of those members elected from Education Districts 1 and 2 shall expire December 31, 1994. Their successors shall be elected at the general election in No vember, 1994, and quadrennially thereafter from the education districts set forth in this Act for terms of four years and shall take office on the first day of January immediately follow ing their election.
(3) All members shall serve until their successors are elected and qualified.
(f) The members of the Board of Education of Putnam County shall elect annually one of its members to serve as chairman for a term of one year. The chairman shall be a full voting member of the board."
Section 2. 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 Putnam 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 3. All laws and parts of laws in conflict with this Act are repealed.
On the motion, the yeas were 35, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 707 by the Senate substitute.
The following general bills of the House, favorably reported by the committees, were read the third time and put upon their passage:
HB 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.
Senate Sponsor: Senator English of the 21st.

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

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 Brown of 26th Burton Clay Coleman Collins Dawkins
Deal Dean Echols Edge Egan English

Foster Gillis Hammill
Harris Hill Hooks Huggins Johnson Kidd Marable Moye Newbill 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 White.

Those not voting were Senators:

Albert Alien (excused) Garner

Hasty Henson Langford

Perdue Phillips Shumake

On the passage of the bill, the yeas were 46, nays 1.

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

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.
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 Deal

Dean Echols Egan English Foster Garner

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2337

Gillis Hammill Harris
Huggms Johnson Kidd Marable Moye

Newbill Perdue perry
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:

Alien (excused) Edge Hill

Langford Phillips

Scott Shumake

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

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

The following bill of the House was read the first time and referred to committee:

HB 586. By Representatives Alford of the 57th, Oliver of the 53rd and Dover of the llth:
A bill to amend an Act approved March 16, 1971, and an Act approved April 16, 1979, relating to the Metropolitan Atlanta Rapid Transit Authority and the Met ropolitan Atlanta Rapid Transit System, so as to repeal provisions prohibiting appropriations by the State of Georgia to the Metropolitan Atlanta Rapid Transit Authority and certain legislative statements of intent.
Referred to Committee on Urban and County Affairs.

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

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.
Senate Sponsor: Senator Pollard of the 24th.
The Senate Committee on Special Judiciary offered the following substitute to HB 1687:

A BILL
To be entitled an Act 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; to provide procedures; to provide for other related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 15 of Title 15 of the Official Code of Georgia Annotated, relating to

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child support receivers, is amended by striking Code Section 15-15-5, relating to fees, dispo sition, and records, and inserting in lieu thereof a new Code Section 15-15-5 to read as follows:
"15-15-5. (a) The child support receiver shall be authorized to charge the paying party an additional 5 percent of the amount of each payment, not to exceed $2.00 per payment. In the event of arrearage, the above fee shall be assessed as if the payments had been paid individually when due. The collected fees shall be turned over to the county treasury as revenue deposited in the general fund of the county. Records of all such fees shall be main tained in accordance with this chapter.
(b) In addition to any amounts charged pursuant to subsection (a) of this Code section, the child support receiver shall be required to assess and collect from the paying party all costs of court and service fees of the sheriff in any action initiated by the state. Such costs and fees shall be collected from the paying party with the first child support payment col lected. Where a paying party is not financially capable of paying such costs and fees in a single payment, such individuals shall pay a $5.00 installment payment toward such costs and fees with each child support payment until all such court costs and sheriff's fees are paid in full. Said costs, including the sheriff's service fees, shall be paid to the clerk of the superior court who, after making the reports and payments otherwise required by general law, shall pay the remainder into the general fund of the county. All paying parties who have been determined to be indigent by the court shall be exempt from the assessment and collection of court costs and sheriffs service fees until the paying party is no longer found to be indigent.
(c) Nothing in this Code section shall allow or require any reduction of child support payments paid to any parent or guardian of a minor child."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 31, nays 0, 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:

Albert Baldwin Bishop Bowen Broun of 46th Brown of 26th Burton Clay 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

Those not voting were Senators:

Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Starr Steinberg ,,, *a
Timmons Turner Tysinger Walker of 22nd Walker of 43rd White

Alien (excused) Coleman

Garner Langford

Shumake Thompson

TUESDAY, MARCH 24, 1992

2339

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

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

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

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

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

Those voting in the affirmative were Senators:

Albert Baldwin Bishop Bowen Broun of 46th Brown of 26th BmCDluaawrytokinns
Dean Echols Edge English Foster Garner

Gillis Hammill Harris Hasty Henson Hill HTHJToouhognkgssmons
Marable Moye Newbill Perry Phillips Pollard

Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott ao0Sttt. ea..mr.,r,b, erg
Tate Taylor Timmons Turner Walker of 43rd White

Those not voting were Senators:

Alien (excused) Coleman Collins Deal

Egan Kidd Langford Perdue

Shumake Thompson Tysinger Walker of 22nd

On the passage of the bill, the yeas were 44, nays 0.

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

HB 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.
Senate Sponsor: Senator Deal of the 49th.

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

On 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
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 32nd Ramsey Ray Robinson Scott Starr Steinberg Tate Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White

Those not voting were Senators:

Alien (excused) Collins Langford

Phillips Ragan of 10th

Shumake Taylor

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

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

SR 277. By Senator Olmstead of the 26th: A resolution creating the Senate Dental Hygienists Licensing Study Committee.

Senator Edge of the 28th offered the following substitute to SR 277:

A RESOLUTION
Creating the Senate Dental Hygienists Licensing Study Committee; and for other purposes.
WHEREAS, adequate regulation of the delivery of oral health care is necessary for the health, safety, and welfare of the citizens of Georgia; and
WHEREAS, under current Georgia law, both dentists and dental hygienists are licensed by the Georgia Board of Dentistry; and
WHEREAS, the present Georgia Board of Dentistry consists of eleven members, nine of which are dentists, one of which is a citizen of the state who is neither a dentist nor a dental hygienist, and only one of which is a dental hygienist; and
WHEREAS, although approximately one-half of the individuals licensed by the Georgia Board of Dentistry are dental hygienists, only one member of the board is a dental hygien ist, thus creating a situation where those being licensed have virtually no responsibility, input, or supervision over their profession; and

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WHEREAS, it is vital to the well-being of patients and to the continued professional ism the practice of dental hygiene that the dental hygienists have the opportunity to be come more responsible for their profession and the licensing of individuals engaged in the practice of dental hygiene; and
WHEREAS, in the interest of economy and continuity, it is not in the best interest of the state to create a totally separate and distinct board to regulate the practice of dental hygienists, but it may be in the best interest of the citizens of the State of Georgia to create a Board of Dental Hygiene as a separate division of the Georgia Board of Dentistry.
NOW, THEREFORE, BE IT RESOLVED BY THE SENATE that there is created the Senate Dental Hygienists Licensing Study Committee to be composed of five members of the Senate to be appointed by the President of the Senate. The President of the Senate shall designate a member of the committee as chairman of the committee. The chairman shall call all meetings of the committee.
BE IT FURTHER RESOLVED that the committee shall undertake a comprehensive study of the current Georgia Board of Dentistry as it pertains to the regulation of the prac tice of dental hygienists. The committee shall study the feasibility and need to create a separate board for regulating the practice of dental hygienists and whether such separate board may function as a totally separate board or as a division of the Georgia Board of Dentistry. The committee shall also study current systems of supervising dental hygienists by dentists, and shall determine the best way to ensure that the dental hygienists assume more responsibility and control over their profession.
BE IT FURTHER RESOLVED that the committee shall undertake a study of the con ditions, needs, issues, and problems mentioned above or related thereto and recommend any actions or legislation which the committee deems necessary or appropriate. The committee may conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this resolution. The members of the committee shall receive the allowances authorized for legislative members of interim legislative com mittees but shall receive the same for not more than five days unless additional days are authorized. The funds necessary to carry out the provisions of this resolution shall come from the funds appropriated to the Senate. In the event the committee makes a report of its findings and recommendations, with suggestions for proposed legislation, if any, such report shall be made on or before December 31, 1992. The committee shall stand abolished on December 31, 1992.
On the adoption of the substitute offered by Senator Edge of the 28th, the yeas were 32, nays 3, and the substitute was adopted.
The President announced that, pursuant to Senate Rule 143, consideration of SR 277 would be suspended and placed on the Senate General Calendar.
The following bill of the House was taken up for the purpose of considering the House action thereon:
HB 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.

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Senator Ray of the 19th moved that the Senate adhere to the Senate substitute to HB 1607, and that a Conference Committee be appointed.

On the motion, the yeas were 34, nays 0; the motion prevailed, and the Senate adhered to the Senate substitute to HB 1607.

The President appointed as a Conference Committee on the part of the Senate the following:
Senators Ray of the 19th, Garner of the 30th and Dean of the 31st.
The following bill of the House was taken up for the purpose of considering the Confer ence Committee report thereon:

HB 245. By Representatives Jackson of the 9th, Parham of the 105th, Harris of the 84th and Barnett of the 10th:
A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to comprehensively revise, reorganize, modernize, consolidate, and clarify the laws relative to registration and licensing and certifi cates of title for motor vehicles, drivers' licenses, equipment and inspection of motor vehicles, reporting of accidents, prosecution of traffic offenses, and the use of radar speed detection devices.

The Conference Committee report on HB 245 was as follows:
The Committee of Conference on HB 245 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 245 be adopted.
Respectfully submitted,

FOR THE SENATE:
/s/ Donald L. White Senator, 48th District
/s/ J. Nathan Deal Senator, 49th District
/s/ Tom Ramsey Senator, 54th District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Jerry D. Jackson Representative, 9th District
/s/ Bobby E. Parham Representative, 105th District
/s/ Bill Barnett Representative, 10th District

Conference Committee substitute to HB 245:

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 specify the location for placement of revalidation decals; to require certain vehicle dealers to obtain a certificate of title in their names after obtaining a vehicle; to provide that no cause of action exists for not disclosing certain damage to used or previously titled motor vehicles; to provide that no new cause of action is created; to provide an exemption from obtaining a Georgia driver's license for migrant farm workers under certain conditions; to change certain provisions relating to reports of convic tions of traffic violations; to change certain provisions relating to habitual violators; to change certain provisions relating to periods of suspension and conditions of reinstatement of a driver's license; to change certain conditions relating to issuance of limited driving per mits; to provide for procedures upon notice of cancellation of minimum required motor ve hicle insurance; to provide for sanctions for improper cancellation reports; to provide for licensing fees and surety bonds for driver improvement clinics; to clarify the mandatory

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2343

nature of DUI Alcohol or Drug Use Risk Reduction Programs; to provide for the licensing of instructors to teach the required alcohol and drug program for teen-age drivers; to provide for fees; to provide for the authority of the commissioner of public safety and the commis sioner of human resources with respect to the administration of certain driver improvement programs; to change certain requirements and provisions relative to issuance of personal identification cards; to provide that a person shall be disqualified from driving a commercial motor vehicle if convicted of a first violation of any offense specified in Code Section 40-5-54 while driving a commercial motor vehicle; to provide that the rules of the road are applica ble to motorcycles; to change certain speed limits for school buses; to change certain posting requirements for parking areas with regard to operation of motor vehicles; to provide for notice to the sentencing court and the department of public safety of completion of a DUI Alcohol or Drug Use Risk Reduction Program; to prohibit covering the headlights of any motor vehicle with any type of material; to exempt law enforcement officers from the re strictions on affixing materials to windshields or windows to reduce light transmission; to change certain tire tread requirements for school buses; to repeal the requirement that mo tor vehicle manufacturers file their warranties with the department; to change certain proce dures relating to prosecution of traffic offenses; to provide for transfers of bonds; to provide for procedures for operation of traffic violations bureaus; to authorize an officer to require surrender of the driver's license at the time of citation; to provide that certain offenses shall not be disposed of by a traffic violations bureau; to clarify certain procedures relative to the use of radar; to correct certain stylistic, capitalization, and punctuation errors; to revise and modernize certain language; 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 by striking subsection (b) of Code Section 40-2-8, relating to opera tion of a vehicle without a current license plate or revalidation decal, in its entirety and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) Any vehicle operated in the State of Georgia after May 1 of any year which is required to be registered and which does not have attached to the rear thereof a numbered license plate and current revalidation decal affixed to the upper right-hand corner of the license plate, if required, shall be stored at the owner's risk and expense by any law enforce ment officer of the State of Georgia. It shall be a misdemeanor to operate any vehicle re quired to be registered in the State of Georgia without a valid numbered license plate prop erty validated; provided, however, that the purchaser of a new vehicle or a vehicle which does not have a current and valid registration or a used vehicle may operate such vehicle on the public highways and streets of this state without a current valid license plate during the 21 day period within which the purchaser is required by Code Section 40-2-20 to register or transfer the registration of such vehicle and provided, further, that the purchaser and opera tor of a vehicle shall not be subject to the penalties set forth in this Code section during the period allowed for the registration or transfer of registration. If the owner of such vehicle presents evidence that he has properly applied for the registration of such vehicle, but that the license plate or revalidation decal has not been delivered to him, then the owner shall not be subject to the above penalties."
Section 2. Said title is further amended by striking subsection (a) of Code Section 40-333, relating to transfers of vehicles to dealers, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) (1) A except as provided in paragraph (2) of this subsection, a dealer who buys a vehicle and" holds it for resale need not apply to the commissioner for a new certificate of title but may retain the certificate delivered to him. Upon transferring the vehicle to an other person other than by the creation of a security interest, such dealer shall promptly execute the assignment and warranty of title by a dealer. Such assignment and warranty shall show the names and addresses of the transferee and any holder of a security interest created or reserved at the time of the resale and the date of his security agreement, in the

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spaces provided therefor on the certificate or as the commissioner prescribes. Transfers of vehicles under this Code section shall otherwise conform with Code Section 40-3-32. A dealer selling a previously registered vehicle which under this chapter need not have a cer tificate of title need not furnish a purchaser of such a vehicle a certificate of title. After a previously registered vehicle has been brought under the terms of this chapter, a dealer, when selling that vehicle, shall conform to all provisions of this chapter.
(2) (A) As used in this paragraph, the term 'franchise dealer' means a dealer who under a contract or franchise agreement with a manufacturer, distributor, wholesaler, or importer is authorized to sell new motor vehicles of or for such manufacturer, distributor, wholesaler, or importer and who is authorized to use trademarks or service marks associated with one or more makes of motor vehicles in connection with such sales.
(B) A dealer who is not a franchise dealer who acquires a vehicle for which the original certificate of title has not been issued and who holds such vehicle for resale shall not be exempt from the requirement to obtain a certificate of title in such dealer's name as pro vided in paragraph (1) of this subsection. Such dealer shall, as provided in Code Section 403-32, obtain a certificate of title in such dealer's name prior to selling or otherwise transfer ring said vehicle to any other person or dealer."
Section 3. Said title is further amended by adding immediately following Code Section 40-3-35 a new Code Section 40-3-35.1 to read as follows:
"40-3-35.1. (a) The seller of a used or previously titled motor vehicle shall not be liable to the purchaser of such motor vehicle and the purchaser of a used or previously titled motor vehicle shall not have a cause of action against the seller of such motor vehicle for the failure of the seller of such motor vehicle to disclose or otherwise make known the fact that such motor vehicle has been damaged or that one or more major component parts on such motor vehicle have been repaired or replaced if such damage, repair, or replacement does not require the certificate of title for such motor vehicle to be marked 'salvaged' or 'rebuilt' of if such damage, repair, or replacement does require the certificate of title for such motor vehicle to be marked 'salvaged' or 'rebuilt' but no such marked certificate of title has been issued for such motor vehicle at the time of sale or such marked certificate of title has not been provided to the seller prior to the sale.
(b) This Code section shall not be deemed to directly or indirectly create a cause of action for the failure to disclose any information regarding damage to or the repair or re placement of major component parts of a motor vehicle."
Section 4. Said title is further amended by striking subsection (a) of Code Section 40-521, relating to exemptions generally from the driver's license laws, in its entirety and in serting in lieu thereof a new subsection (a) to read as follows:
"(a) Except as provided in Article 7 of this chapter, the 'Georgia Uniform Commercial Driver's License Act,' the following persons are exempt from licenses under this chapter:
(1) Any employee of the United States government while operating a motor vehicle owned by or leased to the United States government and which is being operated on official business, unless such employee is required by the United States government or any agency thereof to have a state driver's license;
(2) A nonresident who is at least 16 years of age and who has in his immediate posses sion a valid license issued to him in his home state or country;
(3) A nonresident on active duty in the armed forces of the United States who has a valid license issued by his home state, and such nonresident's spouse or dependent son or daughter who has a valid license issued by such person's home state;
(4) Any person on active duty in the armed forces of the United States who has in his immediate possession a valid license issued in a foreign country by the armed forces of the United States, for a period of not more than 45 days from the date of his return to the United States;

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2345

(5) Any inmate or resident patient of a state, county, or municipally owned institution who drives a vehicle while on the grounds of such institution and while accompanied by and under the direct personal supervision of a qualified driving instructor or of some other per son duly authorized in writing to so accompany and supervise such inmate or resident patient;
(6) Any person driving or operating a farm tractor or farm implement temporarily oper ated on a highway for the purpose of conducting farm business;
(7) Any inmate of a state, county, or municipal prison, correctional institution, or jail while operating a motor vehicle owned by or leased to the state, county, or municipality and being operated with the written approval of the warden or superintendent and in such man ner and for such purpose as may be specified by the warden or superintendent, provided that such inmate, within the 60 day period prior to the grant of written authority, has passed the vision, written, and driving tests required for licensing a citizen to operate such motor vehicle. The department shall give such tests and issue a certificate, without charge therefor, to any inmate passing such tests;
(8) A member of the reserve components of the armed forces of the United States while operating a motor vehicle owned by or leased to the United States government and being operated in accordance with the duties of such member as a member of the reserve compo nents of the armed forces; and
(9) Any person seeking to obtain a driver's license while taking the driving examination for such license accompanied by a driver license examiner of the department or a certified examining agent of the department?; and
(10) Any migrant farm worker who works in this state less than 90 days in any calendar year and who possesses a valid driver's license issued by another state."
Section 5. Said title is further amended by striking Code Section 40-5-22.1, relating to reinstatement of the driver's license of a person under 16 years of age convicted of driving under the influence of alcohol or drugs, in its entirety and inserting in lieu thereof a new Code Section 40-5-22.1 to read as follows:
"40-5-22.1. Notwithstanding any other provision of law, if a child under 16 years of age is adjudicated delinquent of driving under the influence of alcohol or drugs or of possession of marijuana or a controlled substance in violation of Code Section 16-13-30 or of the unlaw ful possession of a dangerous drug in violation of Code Section 16-13-72 or convicted in any other court of such offenses, the court shall order that the privilege of such child to apply for and be issued a driver's license or learner's permit shall be suspended and delayed until such child is 17 years of age for a first conviction and until such child is 18 years of age for a second or subsequent such conviction. Upon reaching the required age, such license privilege shall be reinstated if the child submits proof of completion of a certified assessment compo nent and the education/intervention component or the intensive intervention component of a DUI alcohol and drug use risk reduction program as prescribed Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources or operated by-ef under contract wrth an assessment and intervention program approved by the juvenile court and pays a fee of $35.00 to the Department of Public Safety or $25.00 when such application is processed by mail. The court shall notify the Department of Public Safety of its order delaying the issuance of such child's license within 15 days of the date of such order. The Department of Public Safety shall not issue a driver's license or learner's permit to any person contrary to a court order issued pursuant to this Code section."
Section 6. Said title is further amended by striking Code Section 40-5-53, relating to when courts are to send drivers' licenses and reports of convictions to the Department of Public Safety, in its entirety and inserting in lieu thereof a new Code Section 40-5-53 to read as follows:
"40-5-53. (a) Whenever any person is convicted of any offense for which this chapter makes mandatory the suspension of the license of such person by the department, the court in which such conviction is had shall require the surrender to it of any driver's license then

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held by the person so convicted and the court shall thereupon forward the same, together with the uniform citation form authorized by Article 1 of Chapter 13 of this title, within ten days after the conviction.
(b) Except aa provided in subsection (c) of thia Code section, every Every court in each county of this state having a population of 550,000 or more according to the~United States decennial census of 1980 or any future such census and having jurisdiction over offenses committed under this chapter and Chapter 6 of this title or any other law of this state or ordinance adopted by a local authority regulating the operation of motor vehicles on high ways shall forward to the department, within ten days after the conviction of any person in such court for a violation of any such law other than regulations governing standing or park ing, a uniform citation form authorized by Article 1 of Chapter 13 of this title. The depart ment shall pay to the clerk of the court forwarding the report 25<t for each report forwarded; and notwithstanding any general or local law to the contrary, the clerk shall retain such 25<t fee as additional compensation.
(c) Every court in a each county of this state having a population of 800,000 or less than 550,000 according to the 1080 decennial census United States decennial census of 1980 or any future such census and having jurisdiction over offenses committed under this chapter or Chapter 6 of this title or any other law of this state or ordinance adopted by a local authority regulating the operation of motor vehicles on highways shall forward to the de partment, within ten days after the conviction of any person in such court for a violation of any such law other than regulations governing standing or parking, a uniform citation form authorized by Article 1 of Chapter 13 of this title. The department shall pay to the clerk of the court forwarding the report 254 for each report forwarded; and in those cases where the clerk receiving such 25$ fee is compensated solely on a fee basis, the clerk shall retain such 25<( fee as additional compensation. In those cases where the clerk receiving such 25<t fee is compensated in whole or in part on a salary basis, such fee shall be the property of and shall be paid over to the city or county operating the court, unless expressly provided otherwise in a local law relating to the compensation of such clerk."
Section 7. Said title is further amended by striking subsection (d) of Code Section 40-557, relating to suspension of a driver's license for assessment of points, in its entirety and inserting in lieu thereof a new subsection (d) to read as follows:
"(d) Any person who has such points assessed against him as to require the suspension of his license pursuant to subsection (a) or (b) of this Code section shall have his license suspended as follows:
(1) Upon a first assessment of the requisite points, the period of suspension shall be one year, provided that at any time after 60 days of suspension completion of the requirements set forth in Code Section 40-5-84, such person may apply to the department for the return of his license;
(2) For a second assessment of the requisite points within five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the most current arrest for which a conviction is obtained, the period of suspension shall be three years, provided that at any time after 00 days of suspension completion of the requirements set forth in Code Section 40-5-84, such person may apply to the department for the return of his license; and
(3) For a third assessment of requisite points within five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the most current arrest for which a conviction is obtained, such person shall have his license suspended for a period of two years. Such person shall not be eligible for early return of his license or for a limited driving permit as provided in Code Section 40-5-64 during such two-year period."
Section 8. Said title is further amended by striking subparagraph (e)(6)(A) of Code

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Section 40-5-58, relating to habitual violators' probationary licenses, in its entirety and in serting in lieu thereof a new subparagraph (A) to read as follows:
"(A) (i) Any probationary licensee violating the provisions of paragraph (4) of this sub section or~operating a vehicle in violation of any conditions specified in this subsection shall be guilty of a misdemeanor.
(ii) Ay Except as provided in division (iii) of this subparagraph, any probationary licensee~who is convictc4-ef violating;-er who plcada nolo contcndcrc to a charge of violating, any state law or local ordinance involving an offense listed in Code Section 40-5-54 or Code Section 40-6-391 shall be guilty of a felony and shall be punished by a fine of not less than $1,000.00 or by imprisonment in the penitentiary for not less than one nor more than five years, or both.
(iii) Any probationary licensee violating any state law or local ordinance involving a felony offense listed in Code Section 40-5-54 shall be guilty of a felony and shall be pun ished as is provided for conviction of such felony."
Section 9. Said title is further amended by striking subsections (a) and (b) of Code Section 40-5-63, relating to periods of suspension and conditions of reinstatement of a driver's license, in their entirety and inserting in lieu thereof new subsections (a) and (b) to read as follows:
"(a) The driver's license of any person convicted of an offense listed in Code Section 405-54 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 years, as mea sured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, the period of suspension shall be for 12 months. At the end of 120 days, the person may apply to the Department of Public Safety for reinstatement of his driver's license. Such license shall be reinstated after the expiration of 120 days only 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 res toration fee of $35.00 or $25.00 when such reinstatement is processed by mail, provided that if such license was suspended as a result of a conviction of an offense listed in Code Section 40-5-54, it shall be reinstated if such person submits proof of completion of either an ap proved defensive driving course or a DUI Alcohol or Drug Use Risk Reduction Program and pays the prescribed restoration fee. A driver's license suspended as a result 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 Reduc tion 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 years, as measured from the dates of previous arrests for which convictions were obtained or pleas of nolo contendere accepted to the date of the current arrest for which a plea of nolo contendere is accepted, shall not be considered a conviction; however, the court having jurisdiction shall forward, as provided in Code Section 40-6-391.1, the rec ord of such disposition of the case to the Department of Public Safety and the record of such disposition shall be kept on file for the purpose of considering and counting such ac cepted plea of nolo contendere as a conviction under paragraphs (2) and (3) of this subsection;
(2) Upon the second conviction of any such offense within five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, the period of suspension shall be for three years.

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At the end of 120 days, the person may apply to the Department of Public Safety for rein statement of his driver's license. Such license shall be reinstated if such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources and pays a restoration fee of $35.00 or $25.00 when processed by maik, provided that, if such license was suspended as a result of a conviction of an offense listed irTCode Section 40-5-54, it shall be reinstated upon submission of proof of completion of either an approved advanced defensive driving course or a DUI Alcohol or Drug Use Risk Reduction Program and payment of the prescribed restoration fee. For pur poses of this paragraph, a plea of nolo contendere and all previous accepted pleas of nolo contendere to an offense listed in Code Section 40-5-54 within such five-year period of time shall constitute a conviction. For the purposes of this paragraph, a plea of nolo contendere to a charge of violating Code Section 40-6-391 and all prior accepted pleas of nolo con tendere within five years, as measured from the dates of previous arrests for which convic tions were obtained or pleas of nolo contendere were accepted to the date of the current arrest for which a plea of nolo contendere is accepted, shall be considered and counted as convictions; or
(3) Upon the third conviction of any such offense within five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, such person shall be considered a habitual violator, and his license shall be revoked as provided for in paragraph (1) of subsection (a) of Code Section 40-5-62. For purposes of this paragraph, a plea of nolo contendere and all previous accepted pleas of nolo contendere to an offense listed in Code Section 40-5-54 within such five-year period shall constitute a conviction. 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 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 cur rent 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. Notwithstanding the provisions of subsec tion (a) of this Code section which provide for the early reinstatement of a driver's license, the Department of Public Safety shall not reinstate a driver's license during any period of suspension imposed under this subsection."
Section 10. Said title is further amended by striking subsection (e) of Code Section 405-63, relating to periods of suspension and conditions of reinstatement of a driver's license, in its entirety and inserting in lieu thereof a new subsection (e) to read as follows:
"(e) Any person convicted of violating subsection (a) or subsection (c) 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 this chapter and shall not be eligible for a limited driving permit as pro vided in Code Section 40-5-64. For purposes of this subsection, an accepted plea of nolo contendere to homicide by vehicle in the first degree or serious injury by vehicle shall con stitute a conviction."
Section 11. Said title is further amended by striking subsection (e) of Code Section 40-

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2349

5-64, relating to limited driving permits, in its entirety and inserting in lieu thereof a new subsection (e) to read as follows:
"(e) A permit issued pursuant to this Code section shall be $5.00 and shall be nonrenewable and shall become invalid upon the expiration of one year following the effective date of suspension of the applicant's driver's license in the case of a suspension for an offense listed in Code Section 40-5-54 or a suspension under Code Section 40-5-57 or upon the expiration of 120 days following conviction in the case of a suspension for a violation of Code Section 40-6-391, except that such limited driving permit shall expire upon the earlier reinstatement of the driver's license. A person convicted of such offense whose driver's li cense had been surrendered to the court in which such conviction was adjudged may apply to the department for a limited driving permit; immediately following such conviction. Upon the applicant's execution of an affidavit attesting to such facts and to the fact that the court had not imposed a suspension or revocation of his driver's license or driving privileges in consistent with the driving privileges to be conferred by the limited driving permit applied for, the department may issue such person a limited driving permit. A person convicted of such offense whose driver's license had not been surrendered to such court immediately following such conviction may apply to the department for a permit. Upon the applicant's surrender to the department of his driver's license and the execution of a similar affidavit, or if he has lost his driver's license, upon execution of an additional affidavit to that effect, the department may issue such person a limited driving permit."
Section 12. Said title is further amended by striking subsection (a) of Code Section 405-71, relating to the procedure upon notice of cancellation of minimum required motor vehi cle insurance, in its entirety and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) (1) In cases in which the minimum motor vehicle insurance required by Chapter 34 of Title 33 is canceled within 180 days of the effective date of the policy of insurance, the insurer, within 15 days after the effective date of the cancellation date on which the policy cannot be reinstated to maintain coverage continuously in force, shall notify the Depart ment of Public Safety in the form specified by the department of such cancellation and the reason for such cancellation. In the event a canceled policy is reinstated by the insurer with out a lapse in coverage and auch reinstatement occurs after the inaurcr has notified the department of the cancellation, the insurer, within five days after the date the policy was reinstated, shall notify the department in the form specified by the department of ouch reinstatement. For the purposes of aiding in the enforcement of the requirement of mini mum motor vehicle insurance, insurers shall furnish any insurance coverage information deemed necessary by the department or other appropriate law enforcement agencies. For the purposes of this Code section, cancellation shall be defined by regulation of the depart ment. The commissioner of public safety shall notify the Commissioner of Insurance quar terly of any and all notices of cancellation sent to the Department of Public Safety by any insurer in violation of the regulation of the Department of Public Safety defining a cancella tion and the Commissioner of Insurance may take appropriate action against such insurer, including, but not limited to, suspension of revocation of agent's license, civil or criminal prosecution, monetary penalties, or any other sanction the Commissioner of Insurance is authorized by law to impose. No insurer shall utilize the costs of any audit or examination conducted by the Insurance Department pursuant to this paragraph as a cost of business in the insurer's rate base.
(2) The Department of Public Safety shall, by regulation, define cancellation for the purposes of insurers sending the notices required by this Code section and the department's definition shall in no way be construed as modifying the provisions of Code Section 33-2445.
(3) Notwithstanding the provisions of paragraph (1) of this subsection, any irregulari ties Tn the notice to the Department of Public Safety required by paragraph (1) of this subsection shall not invalidate an otherwise valid cancellation?1
Section 13. Said title is further amended by striking Code Section 40-5-75, relating to

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the suspension of a driver's license for conviction of possession of a controlled substance or marijuana, in its entirety and inserting in lieu thereof a new Code Section 40-5-75 to read as follows:
"40-5-75. (a) The driver's license of any person convicted of possession of a controlled substance or marijuana in violation of subsection (b) of Code Section 16-13-2 or subsection (a) or (j) of Code Section 16-13-30 shall by operation of law be suspended and such suspen sion shall be subject to the following terms and conditions;
(1) Upon the first conviction of any such offense, with no arrest and conviction of and no plea of nolo contendere accepted to such offense within the previous five years, as mea sured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, the period of suspension shall be for not less than 180 days. At the end of 180 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 completion of the assessment component and cither the edu cation/intervention component or the intensive intervention component of a DUI alcohol or drug use riak reduction program as prescribed a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources and pays to the Department of Public Safety a restoration fee of $35.00 or $25.00 when such reinstatement is processed by mail. For purposes of this paragraph, a plea of nolo contendere by a person to a charge of possession of marijuana or a controlled substance in violation of subsection (b) of Code Section 16-13-2 or subsection (a) or (j) of Code Section 16-13-30 shall, except as provided in subsection (c) of this Code section, constitute a conviction;
(2) Upon the second conviction of any such offense within five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, the period of suspension shall be for three years, provided that after one year from the date of the conviction the person may apply to the Department of Public Safety for reinstatement of his driver's license by submitting proof of completion of the intensive intervention component of a DUI alcohol or drug uac risk reduc tion program as prescribed a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources and paying to the Department of Public Safety a restoration fee of $35.00 or $25.00 when such reinstatement is processed by mail. For pur poses of this paragraph, a plea of nolo contendere and all previous pleas of nolo contendere within such five-year period of time shall constitute a conviction; and
(3) Upon the third conviction of any such offense within five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, such person's license shall be suspended for a period of five years. At the end of two years, the person may apply to the Department of Pubic Safety for a three-year driving permit upon compliance with the following conditions:
(A) Such person has not been convicted or pleaded nolo contendere to any drug related offense, including driving under the influence, for a period of two years immediately preced ing the application for such permit;
(B) Such person submits proof of completion of a licensed drug treatment program. Such proof shall be submitted within two years of the license suspension and prior to the issuance of the permit. Such licensed drug treatment program shall be paid for by the of fender. The offender must pay a permit fee of $25.00 to the Department of Public Safety;
(C) Such person submits proof of financial responsibility as provided in Chapter 9 of this title; and
(D) Refusal to issue such permit would cause extreme hardship to the applicant. For the purpose of this subparagraph, the term 'extreme hardship' means that the applicant cannot reasonably obtain other transportation, and, therefore, the applicant would be pro hibited from;
(i) Going to his place of employment or performing the normal duties of his occupation;

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(ii) Receiving scheduled medical care or obtaining prescription drugs;
(iii) Attending a college or school at which he is regularly enrolled as a student; or
(iv) Attending regularly scheduled sessions or meetings of support organizations for persons who have addiction or abuse problems related to alcohol or other drugs, which orga nizations are recognized by the commissioner.
(b) Whenever a person is convicted of possession of a controlled substance or marijuana in violation of subsection (b) of Code Section 16-13-2 or subsection (a) or (j) of Code Section 16-13-30, the court in which such conviction is had shall require the surrender to it of any driver's license then held by the person so convicted and the court shall thereupon forward such license and a copy of its order to the Department of Public Safety within ten days after the conviction. The periods of suspension provided for in this Code section shall begin on the date of such person's conviction for the offense resulting in such suspension; provided, however, that, effective January 1, 1992, if, at the time of conviction of unlawful possession of a controlled substance or marijuana, the person does not have a driver's license or the person's driver's license has been previously suspended, the periods of suspension specified by this Code section shall not commence until the person applies for the issuance or rein statement of a driver's license.
(c) (1) The decision to accept a plea of nolo contendere to a misdemeanor charge of unlawful possession of less than one ounce of marijuana shall be at the sole discretion of the judge. If a plea of nolo contendere is accepted as provided in this subsection, the judge shall, as a part of the disposition of the case, order the defendant to attend and complete the assessment and education/intervention components of a First Offender a DUI Alcohol or Drug Use Risk Reduction Program. The order shall stipulate that the defendant shall com plete such program within 120 days and that the defendant shall submit evidence of such completion to the Department of Public Safety. The judge shall also notify the defendant that, if he fails to complete such program by the date specified in the court's order, his driver's license shall be suspended, by operation of law, as provided in this Code section. The record of the disposition of the case shall be forwarded to the Department of Public Safety.
(2) If a plea of nolo contendere is accepted and the defendant's driver's license has not been suspended under any other provision of this Code and if the defendant has not been convicted of or has not had a plea of nolo contendere accepted to a charge of violating this Code section within the previous five years, the court shall, subject to paragraph (1) of this subsection, return the driver's license to the person; otherwise, such driver's license shall be forwarded to the Department of Public Safety.
(d) Application for reinstatement of a driver's license under paragraph (1) or (2) of subsection (a) of this Code section shall be made on such forms as the commissioner may prescribe and shall be accompanied by proof of completion of the required components of a DUI alcohol or drug use risk reduction program a DUI Alcohol or Drug Use Risk Reduction Program and a restoration fee of $35.00 or $25.00 when such reinstatement is processed by mail. Application for a three-year driving permit under paragraph (3) of subsection (a) of this Code section shall be made on such form as the commissioner may prescribe and shall be accompanied by proof of completion of an approved residential drug treatment program and a fee of $25.00 for such permit.
(e) Notwithstanding any other provision of this Code section or any other provision of this chapter, any person whose license is suspended pursuant to this Code section shall not be eligible for early reinstatement of his license and shall not be eligible for a limited driving permit, but such person's license shall be reinstated only as provided in this Code section.
(f) Except as provided in subsection (a) of this Code section, it shall be unlawful for any person to operate any motor vehicle in this state after such person's license has been sus pended pursuant to this Code section if such person has not thereafter obtained a valid license. Any person who is convicted of operating a motor vehicle before the department has reinstated such person's license or issued such person a three-year driving permit shall be

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punished by a fine of not less than $750.00 nor more than $5,000.00 or by imprisonment in the penitentiary for not more than 12 months, or both.
(g) Notwithstanding the provisions of Code Section 15-11-38 and except as provided in subsection (c) of this Code section, an adjudication of a minor child as a delinquent child or an unruly child for possession of marijuana or a controlled substance in violation of subsec tion (b) of Code Section 16-13-2 or subsection (a) or (j) of Code Section 16-13-30 shall be deemed a conviction for purposes of this Code section.
(h) Notwithstanding the provisions of subsection (a) of this Code section, licensed driv ers who are 16 years of age who are adjudicated in a juvenile court pursuant to this Code section may, at their option, complete an aaacssmcnt component and an education/interven tion component or intensive intervention component of a DUI alcohol or drug UBC riak re duction program operated by or under contract with the juvenile court in lieu of a program na prescribed a DUI Alcohol or Drug Use Risk Reduction Program approved by the Depart ment of Human Resources or an assessment and intervention program approved by the juvenile court.
Section 14. Said title is further amended by striking Code Section 40-5-80, relating to the purpose of the "Georgia Driver Improvement Act," in its entirety and inserting in lieu thereof a new Code Section 40-5-80 to read as follows:
"40-5-80. The purpose of this article, the 'Georgia Driver Improvement Act,' is to im prove and promote greater safety upon the highways and streets of this state; to improve the attitude and driving habits of drivers who accumulate traffic accident and motor vehicle conviction records; and to provide uniform DUI alcohol or drug use risk reduction programs Alcohol or Drug Use Risk Reduction Programs for the rehabilitation of persons identified as reckless or negligent drivers and frequent violators. In carrying out this purpose, the De partment of Public Safety shall:
(1) Charge a fee for the consideration of applications for approval of driver improvernent~clinics and instructors. The amount of this fee shall be established by the Board of Public Safety and shall, as best as the board shall determine, approximate the expense in curred by the Department of Public Safety in consideration of an application. These li censes shall be valid for a period of two years unless suspended or revoked prior to the expiration of that time period; and
(2) Require, in addition to the criteria for approval of driver improvement clinics establishecTby the commission of public safety, as provided in subsection (a) of Code Section 405-83, that every driver improvement clinic shall, as a condition of approval, provide a con tinuous surety company bond for the protection of the contractual rights of students in such form as will meet with the approval of the Department of Public Safety and written by a company authorized to do business in this state. The principal sum of the bond shall be established by the Board of Public Safety; however, in no event shall this amount be less than $2,500.00. If at any time said bond is not valid and in force, the license of the clinic shall be deemed suspended by operation of law until a valid surety company bond is again in forceT1
Section 15. Said title is further amended by striking Code Section 40-5-81, relating to the optional nature of certain driver improvement programs, in its entirety and inserting in lieu thereof a new Code Section 40-5-81 to read as follows:
"40-5-81. (a) This article is intended to provide an additional method for the roatoro tion of the liccnacs of those persona whose drivers' licenses have been suspended or revoked pursuant to the laws of this state. Acceptance of the provisions of this article shall be volun tary on the part of each driver within this state, and no driver shall be compelled to partiei pate in the driver improvement program established under thia article. This article shall not affect the power of any court to require attendance at any course or driver improvement program to which the court could otherwise require attendance. Compliance with thia article ahall be an alternative method by which a driver may have his license restored after- it haa been suspended or revoked by the department and shall be in addition to the methods

TUESDAY, MARCH 24, 1992

2353

provided for the restoration of a driver's license or the issuance of a limited driving permit by Article 3 of this chapter.
(b) Whenever any person is authorized or required to attend a driver improvement clinic of program DUI Alcohol or Drug Use Risk Reduction Program as a condition c jiy sentence imposed under this title or any ordinance enacted pursuant to this title or as a condition of the retention or restoration of his driving privilege, such person, in complying with such condition, shall be authorized to attend any driver improvement clinic or program DUI Alcohol or Drug Use Risk Reduction Program certified under this article; and no judicial officer, probation officer, law enforcement officer, or other officer or employee of a court shall specify, directly or indirectly, a particular driver improvement clinic or program DUI Alcohol or Drug Use Risk Reduction Program which the prerson may or shall attend. This Code section shall not prohibit any judicial officer, probation officer, law enforcement officer, or other officer or employee of a court from furnishing any person, upon request, the names of certified driver improvement clinics or program DUI Alcohol or Drug Use Risk Reduction Program."
Section 16. Said title is further amended by striking subsection (c) of Code Section 405-83, relating to establishment and approval of driver improvement clinics and DUI Alcohol or Drug Use Risk Reduction Programs, in its entirety and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) The commissioner shall be authorized to issue a special license to the instructor of any driver improvement clinic who is qualified to teach the alcohol and drug course pre scribed in subsection (b) of Code Section 20-2-142. A driver improvement clinic shall offer such alcohol and drug course only through a qualified instructor and shall not charge a fee for such course of more than $25.00. The commissioner shall be authorized to issue a special license to the instructor of any commercial driver training school to teach the alcohol and drug course prescribed in subsection (b) of Code Section 20-2-142 who is qualified to teach a teen-age driver education course, which course consists of a minimum of 30 hours of class room and six hours of behind the wheel training. The alcohol and drug program may be included in the 30 hours of classroom training as part of a curriculum approved by the department. Any fee authorized by law for such a drug and alcohol course may be included in the tuition charge for a teen-age driver education course."
Section 17. Said title is further amended by striking Code Section 40-5-84, relating to reinstatement of licenses suspended for certain offenses or points, in its entirety and in serting in lieu thereof a new Code Section 40-5-84 to read as follows:
"40-5-84. (a) Except as otherwise provided, the license of any person whose license is suspended for the first time as a result of the conviction of an offense listed in Code Section 40-5-54 shall, at the expiration of 120 days following the date the license is suspended, be reinstated by the department upon receipt by the department of a certificate of completion of an approved defensive driving course or an approved basic alcohol ct drug course DUI Alcohol or Drug Use Risk Reduction Program and the payment of a restoration fee of $35.00 or $25.00 when such reinstatement is processed by mail.
(b) The license of any person whose license is suspended for the second time as a result of the conviction of an offense listed in Code Section 40-5-54 shall, at the expiration of 120 days following the date the license is suspended, be reinstated by the department upon receipt by the department of a certificate of completion of an advanced defensive driving course or an approved advanced alcohol or drug course DUI Alcohol or Drug Use Risk Re duction Program and the payment of a restoration fee of $35.00 or $25.00 when such rein statement is processed by mail.
(c) The license of any person whose license is suspended for the first time as a result of the assessment of points pursuant to Code Section 40-5-57 shall be reinstated by the depart ment immediately upon receipt by the department of a certificate of completion of an ap proved defensive driving course or an approved basic alcohol or drug courae DUI Alcohol or

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Drug Use Risk Reduction Program and the payment of a restoration fee of $35.00 or $25.00 when such reinstatement is processed by mail.
(d) The license of any person whose license is suspended for the second time as a result of the assessment of points pursuant to Code Section 40-5-57 shall be reinstated by the department immediately upon receipt by the department of a certificate of completion of an advanced defensive driving course or an approved advanced alcohol or drug course DUI Alcohol or Drug Use Risk Reduction Program and the payment of a restoration fee of $35.00 or $25.00 when such reinstatement is processed by mail."
Section 18. Said title is further amended by striking Code Section 40-5-86, relating to reduction of point count upon completion of course, in its entirety and inserting in lieu thereof a new Code Section 40-5-86 to read as follows:
"40-5-86. Upon the accumulation of eight points or more pursuant to Code Section 405-57, the total number of points accumulated by any driver shall be reduced by seven points upon the satisfactory completion by such driver of an approved defensive driving course or an approved basic alcohol or drug course DUI Alcohol or Drug Use Risk Reduction Program and the submission of a certificate by such driver to the department. The provisions of this Code section shall be available one time only to each driver in any ten-year period."
Section 19. Said title is further amended by striking Code Section 40-5-88, relating to administrative penalties, in its entirety and inserting in lieu thereof a new Code Section 405-88 to read as follows:
"40-5-88. As an alternative to criminal or other civil enforcements, the commissioner of public safety or the commissioner of human resources, whichever is applicable, in order to enforce this article or any orders, rules or regulations promulgated pursuant to this article, may issue an administrative fine not to exceed $1,000.00 for each violation, whenever the that commissioner, after a hearing, determines that any person, firm, or corporation has violated any provisions of this article or any regulations or orders promulgated under this article. The hearing and any administrative review thereof shall be conducted in accordance with the procedure for contested cases under Chapter 13 of Title 50, the 'Georgia Adminis trative Procedure Act.' Any person, firm, or corporation who has exhausted all administra tive remedies available and who is aggrieved or adversely affected by a final order or action of either the commissioner of public safety or the commissioner of human resources shall have the right of judicial review thereof in accordance with Chapter 13 of Title 50. All fines recovered under this Code section shall be paid into the state treasury. The commissioner of public safety or the commission of human resources, as appropriate, may file, in the superior court (1) wherein the person under order resides; (2) if such person is a corporation, in the county wherein the corporation maintains its principal place of business; or (3) in the county wherein the violation occurred, a certified copy of a final order of the such commis sioner, whether unappealed from or affirmed upon appeal, whereupon the court shall render judgment in accordance therewith and notify the parties. Such judgment shall have the same effect and proceedings in relation thereto shall thereafter be the same as though the judgment had been rendered in an action duly heard and determined by the court. The penalty prescribed in this Code section shall be concurrent, alternative, and cumulative with any and all other civil criminal, or alternative rights, remedies, forfeitures, or penalties pro vided, allowed, or available to the such commissioner with respect to any violation of this article or any order, rules, or regulations promulgated pursuant to this article."
Section 20. Said title is further amended by striking Code Section 40-5-100, relating to identification cards for persons without drivers' licenses, in its entirety and inserting in lieu thereof a new Code Section 40-5-100 to read as follows:
"40-5-100. (a) The Department of Public Safety shall issue personal identification cards to all persona residents as defined in Code Section 40-5-1 who make application to the de partment in accordance with rules and regulations prescribed by the Board of Public Safety. Cards issued to applicants under 21 years of age shall contain the distinctive characteristics of drivers' licenses issued pursuant to Code Section 40-5-26. The identification card shall be

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similar in form but distinguishable in color from motor vehicle drivers' licenses and shall contain a recent color photograph of the applicant and include the following information:
(1) Full legal name;
(2) Address of residence;
(3) Birth date;
(4) Date identification card was issued;
(5) Sex;
(6) Height;
(7) Weight;
(8) Eye color;
(9) Post where the identification card was issued; and
(10) Signature of person identified.
(b) The identification card shall be valid for four years and shall bear the signatures of the commissioner of public safety and the Governor and shall bear an identification card number which shall be the same as the social security number or, in the case of an individ ual who is not a citizen of the United States, the passport number of the person identified or any number the department deems necessary to implement this Code section."
Section 21. Said title is further amended by striking subsection (a) of Code Section 405-151, relating to disqualification from driving a commercial motor vehicle, and inserting in lieu thereof the following:
"(a) Any person is disqualified from driving a commercial motor vehicle for a period of not less than one year:
(1) If convicted of a first violation of:
(A) Any offense specified in Code Section 40-5-54 that occurs while the person is driv ing or being in actual physical control of a moving commercial motor vehicle; or
(B) Driving under the influence of alcohol or drugs, as provided in Code Section 40 6
POI- --
{<3} (B) Driving or being in actual physical control of a moving commercial motor vehi cle while there is 0.04 percent or more by weight of alcohol in his or her blood, breath, or urine; or
(2) For refusal to submit to a test as prescribed in paragraph (1) of subsection (a) of Code Section 40-6-392 to determine the driver's alcohol concentration while driving a com mercial motor vehicle."
Section 22. Said title is further amended by striking Code Section 40-6-11, relating to the applicability of the rules of the road, in its entirety and inserting in lieu thereof a new Code Section 40-6-11 to read as follows:
"40-6-11. (a) For the purposes of this Code section, 'motorcycle' means any motor vehi cle traveling on public streets or highways having a seat or saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground but exclud ing a tractor and a moped.
(b) Except as provided in subsections (c), (d), and (c) of this Code section, the provi sions of this chapter shall not apply to the operation of motorcycles.
{e} (b) No owner of a motorcycle or any other person, other than a self-insurer as de fined inTIhapter 34 of Title 33, shall operate or authorize any other person to operate the motorcycle unless the owner has liability insurance on the motorcycle equivalent to that required as evidence of security for bodily injury and property damage liability under Code Section 40-9-37. Any person who violates this subsection shall be guilty of a misdemeanor.

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W (c) The operator of a motorcycle shall keep proof or evidence of the minimum insur ance coverage required by this Code section in his immediate possession or on the motorcy cle at all times when such person is operating the motorcycle. Any person who violates this subsection shall be subject to a fine not to exceed $25.00; however, there shall be no suspen sion of the person's operator's license or motor vehicle license tag for a violation of this subsection.
4) (d) Every law enforcement officer in this state shall request the operator of a motor cycle to produce proof or evidence of minimum insurance coverage required by this Code section at any time the law enforcement officer requests the presentation of the driver's license of such operator."
Section 23. Said title is further amended by striking Code Section 40-6-160, relating to speed limits for school buses, in its entirety and inserting in lieu thereof a new Code Section 40-6-160 to read as follows:
"40-6-160. (a) Except as otherwise provided in subsection (b) of this Code section, it shall be unlawful to operate:
(1) A school bus transporting school children to and from school or to and from school activities at a speed greater than 40 miles per hour on a public road other than one which is a part of a National System of Interstate and Defense Highway; or
(2) A school bus transporting school children to and from school or to and from school activities on a public road which is a part of a National System of Interstate and Defense Highways at a speed greater than 66 55 miles per hour.
(b) When a school bus is transporting school children to or from an event or school activity or an express bus transporting students from one school to another school and is not loading or unloading children during such transportation, the speed limit shall be 66 55 miles per hour on other public roads as well as on those public roads which are a part of tEe National System of Interstate and Defense Highways."
Section 24. Said title is further amended by striking subsection (a) of Code Section 406-252, relating to parking, standing, or driving a motor vehicle in a private parking area after being requested not to do so, in its entirety and inserting in lieu thereof a new subsec tion (a) to read as follows:
"(a) No person shall, after having been requested not to do so by a law enforcement officer or an authorized agent of the owner, park or stand an occupied or unoccupied motor vehicle in or repeatedly drive a motor vehicle through or within a parking area located on privately owned property and provided by a merchant, group of merchants, or shopping center or other facility for customers if:
(1) The parking area is identified by at least one sign as specified in this paragraph, and if the parking area contains more than 150 parking spaces then by at least one such sign for every 160 parking spaces at each entrance to the parking area, each such sign containing the following information in easy to read printing:
(A) Notice of this Code section;
(B) Identification of the property which is reserved for customers' use only;
(C) Identification of the merchant, group of merchants, or shopping center or other similar facility providing the parking area; and
(D) Warning that violators will be prosecuted; and
(2) The motor vehicle is parked, is standing, or is being operated other than for the purpose of:
(A) Transporting some person to or from the interior of the place of business of a merchant identified by the sign or signs in the parking area or to or from the interior of the shopping center or other facility so identified;

TUESDAY, MARCH 24, 1992

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(B) Making use of a telephone, vending machine, automatic teller machine, or other similar facility located in the parking area;
(C) Meeting the requirements of a situation in which it has unexpectedly become im possible or impractical for the motor vehicle to continue to travel on the public roads; or
(D) Carrying out an activity for which express permission has been given by the owner of the parking area or an authorized representative of the owner."
Section 25. Said title is further amended by striking subsection (d) of Code Section 406-391.1, relating to entry of a plea of nolo contendere to a charge of violating Code Section 40-6-391, in its entirety and inserting in lieu thereof a new subsection (d) to read as follows:
"(d) If a plea of nolo contendere is accepted as provided in subsection (b) of this Code section, the judge shall, as a part of the disposition of the case, order the defendant to attend and complete a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources. The order shall stipulate that the defendant shall com plete such program within 120 days and that the defendant shall submit satisfactory evi dence of such completion to the Department of Public Safety and the court within 120 days of the issuance of the court order. The court shall also require the surrender of the driver's license and shall retain such license until submission of proof of completion of a DUI Alco hol 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 imme diately upon submission of proof of completion of a DUI Alcohol or Drug Use Risk Reduc tion 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 inva lid and his driver's license shall be suspended, by operation of law, as provided in Code Section 40-5-68 and shall remain suspended until the defendant completes such program."
Section 26. Said title is further amended by striking subsection (d) of Code Section 408-22, relating to headlights, in its entirety and inserting in lieu thereof a new subsection (d) to read as follows:
"(d) The headlights required by this Code section shall be maintained in proper work ing condition and shall not be covered by any type of material, provided that the covering restriction shall not apply to any vehicle on which the original factory headlights were covered^
Section 27. Said title is further amended by striking subsection (c) of Code Section 408-73.1, relating to affixing of materials to windshields or windows to reduce light transmis sion, in its entirety and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) The provisions of subsection (b) of this Code section shall not apply to:
(1) Adjustable sun visors which are mounted forward of the side windows and are not attached to the glass;
(2) Signs, stickers, or other matter which is displaced in a seven-inch square in the lower corner of the windshield farthest removed from the driver or signs, stickers, or other matter which is displayed in a five-inch square in the lower corner of the windshield nearest the driver;
(3) Direction, destination, or termination signs upon a passenger common carrier motor vehicle if the signs do not interfere with the driver's clear view of approaching traffic;
(4) Any transparent item which is not red or amber in color which is placed on the uppermost six inches of the windshield;
(5) Any federal, state, or local sticker or certificate which is required by law to be placed on any windshield or window;

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(6) The rear windshield or the side or door windows, except those windows to the right and left of the driver of:
(A) A multipurpose passenger vehicle;
(B) A school bus, any other bus used for public transportation, and any bus or van owned or leased by any religious or any nonprofit organization duly incorporated under the laws of this state;
(C) Any limousine owned or leased by a public or private entity; or
(D) Any other vehicle, the windows or windshields of which have been tinted or dark ened before factory delivery or permitted by federal law or regulation; ef
(7) Any motor vehicle not registered in this statev; or
(8) Any law enforcement vehicle."
Section 28. Said title is further amended by striking Code Sections 40-8-74 and 40-8-77 in their entirety and inserting in lieu thereof new Code Sections 40-8-74 and 40-8-77 to read as follows:
"40-8-74. (a) No vehicle equipped with solid rubber tires shall be used or transported on the highways, unless every solid rubber tire on such vehicle shall have rubber on its entire traction surface at least one inch thick above the edge of the flange on the entire periphery.
(b) No person shall operate or move on any highway any motor vehicle, trailer, or semi trailer having any metal tire in contact with the roadway.
(c) No tire on a vehicle moved on a highway shall have on its periphery any block, stud, flange, cleat, or spike or any other protuberance of any material other than rubber which projects beyond the tread of the traction surface of the tire, except that it shall be permissi ble to use:
(1) Farm machinery with tires having protuberances which will not injure the highway; and
(2) Tire chains of reasonable proportions or tires equipped with safety spike metal metal spike studs upon any vehicle when required for safety because of snow, ice, or other conditions tending to cause a vehicle to skid.
(d) The Transportation Board and local authorities in their respective jurisdictions may in their discretion issue special permits authorizing the operation upon a highway of trac tion engines or tractors having movable tracks with transverse corrugations upon the pe riphery of such movable tracks, or of farm tractors or other farm machinery, the operation of which upon a highway would otherwise be prohibited under this Code section.
(e) All tires:
(1) Shall have not less than 2/32 inch tread measurable in all major grooves with the exception of school buses which shall have not less than 4/32 inch tread measurable in all major grooves;
(2) Shall be free from any cuts, breaks, or snags on tread and sidewall deep enough to expose body cord; and
(3) Shall be free from bumps, bulges, or separations.
(f) No motor vehicle shall be operated on a public street or highway with tires that have been marked 'not for highway use,' 'for racing purposes only,' or 'unsafe for highway use.'
(g) Retreaded tires shall not be used upon the front wheels of buses."
"40-8-77. (a) As used in this Code section, the term 'private passenger automobile' shall mean a four-wheel motor vehicle designed for carrying ten passengers or less, not for hire, for use on public roads and highways, and not designed for use as a dwelling or for camping,

TUESDAY, MARCH 24, 1992

2359

provided that the term 'private passenger automobile' shall not include a multipurpose vehi cle, which is, for the purposes of this Code section, defined as a motor vehicle, except a trailer, designed to carry ten passengers or less and constructed either on a truck chassis or with special features for occasional off-road operation.
(b) Every new private passenger automobile manufactured on and after August 1, 1973, which is sold or licensed in this state shall be sold subject to the manufacturer's warranty that it is equipped with an appropriate energy absorption system conforming to all federal motor vehicle safety standards applicable to such automobile on the date of manufacture. The warranty may be given by means of the federal safety standard certification label af fixed to the automobile.
(c) The warranty provisions of this Code section shall not be applicable with rcapcct to any private paaacngcr automobile aa to which the manufacturer files a written certification under oath with the Department of Public Safety, on a form to be prescribed by that de partment, that the particular make and model described therein complies with the applica ble standards of this Code acction."
Section 29. Said title is further amended by striking Code Sections 40-13-3, 40-13-23, 40-13-29, 40-13-30, 40-13-31, 40-13-33, 40-13-50, 40-13-53, 40-13-57, 40-13-60, and 40-13-62 in their entirety and inserting in lieu thereof the following:
"40-13-3. Except for offenses tried in the superior courts, all other courts having juris diction of the offense ahall may proceed with the adjudication of the offenses contained within the complaint without the necessity of filing an indictment or other accusation in order to bring the accused to trial. The judge or clerk of each court before whom a person accused of such an offense is brought shall promptly report the final disposition of the case to the Department of Public Safety."
"40-13-23. (a) No court defined in this article shall have the power to dispose of traffic misdemeanor cases as provided in this article unless the defendant shall first waive in writ ing a trial by jury. If the defendant wishes a trial by jury, he shall notify the court and, if reasonable cause exists, he shall be immediately bound over to the court in the county hav ing jurisdiction to try the offense, wherein a jury may be impaneled. Where a cash bond or driver's license in lieu of bond has been posted, the bond shall be transferred to the court assuming jurisdiction without the necessity of the defendant posting new boncT
(b) No waiver of a trial by jury may be withdrawn when such waiver has been inter posed for the purpose of delay. Except with approval of the court, no waiver of a trial by jury may be withdrawn after the commencement of the trial or the filing of motions on behalf of the defendant, whichever comes first."
"40-13-29. In all counties except those having city, county, or state courts, the judge of the probate court shall have exclusive jurisdiction of all traffic misdemeanor cases originat ing in the county outside of municipal corporationsr-^Hre, and the judge of the municipal court in each municipal corporation shall have exclusive jurisdiction of traffic misdemeanor cases originating inside the corporate limits of municipalities.
40-13-30. State highway patrolmen Officers of the Georgia State Patrol and any other officer of this state or of any county or municipality thereof having authority to arrest for a criminal offense of the grade of misdemeanor shall have authority to prefer charges and bring offenders to trial under this article, provided that officers of an incorporated munici pality shall have no power to make arrests beyond the corporate limits of such municipality unless such jurisdiction is given by local or other law.
40-13-31. The sheriffs of the several counties of this state are entitled to an arresting fee, as provided by law, in every case in which the sheriff or his lawful deputy arrests, assists in arresting, or takes custody of any person charged with crime who has been apprehended by an officer of the atatc patrol Georgia State Patrol and delivered to the sheriff or his lawful deputy. If the sheriff is upon a salary, the fee shall be paid into the county treasury."
"40-13-33. (a) Any challenge to a misdemeanor conviction of any of the traffic laws of

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this state or the traffic laws of any county or municipal government which may be brought pursuant to Chapter 14 of Title 9 must be filed within 180 days of the date the conviction becomes final.
(b) Any challenge to a conviction specified in subsection (a) of this Code section which became final before March 28, 1986, must be filed within 180 days following March 28, 1986.
(c) When the commissioner of public safety is named as the respondent, all such peti tions must be brought in the Superior Court of Fulton County.
(d) Failure to file the challenge within the time prescribed in this Code section shall divest the court or jurisdiction."
"40-13-50. In every court of this state having jurisdiction over the violation of traffic laws or traffic ordinances, the judge, or the judges where there are is more than one judge, may provide by written order for the establishment of a traffic violations bureau for the handling or disposition of certain traffic cases in substantial compliance with this article. The court shall promulgate and provide to the clerk of the traffic violations bureau a list of the traffic offenses which shall be handled and disposed of by the traffic violations bureau. However, nothing in this article shall authorize the judge of such court to employ any person or persons to administer this article."
"40-13-53. (a) Subject to the exceptions set out in subsection (b) of this Code section, any officer who arrests any person for the violation of a traffic law or traffic ordinance al leged to have ben committed outside the corporate limits of any municipality shall permit such person to be released upon being served with a citation and complaint and agreeing to appear, as provided in this article, unlcaa. If such officer has reasonable and probably grounds to believe that the person will not obey such citation and agreement to appear, the officer may require such person to surrender his driver's license in accordance with Code Section 173TH
(b) Persons arrested for the following offcnscs may not be released as provided in aubseetten (a) of this Code section The following offenses shall not be handled or disposed of by a traffic violations bureau:
(1) Operating a motor vehicle in violation of Code Section 40 6-301 Any offense for which a driver's license may be suspended by the commissioner of public safety;
(2) Any motor vehicle registration violation;
(3) A violation of Code Section 40-5-20;
(3) (4) Speeding in excess of 16 30 miles per hour over the posted speed limit; or
(4) Any other offcnsc which the court has cxccptcd by order.
(5) Any offense which would otherwise be a traffic violations bureau offense but which arose out of the same conduct or occurred in conjunction with an offense which is excluded from the jurisdiction of the traffic violations bureau. Any such offense shall be subject to the maximum punishment set by lawT
(c) The court may, by ita order, add to the exceptions act out in aubscction (b) of this Code section but ahall have no authority to remove any of such exceptions."
"40-13-57. In the event an officer has authority to issue citation and complaint as set forth in Code Section 40-13-53 but declines to do so because of his belief that such person will not obey the citation and agreement to appear, such officer may bring such person to the traffic violations bureau and such person may be allowed to post a cash bond for his appearance in accordance with the schedule established by the court."
"40-13-60. Any traffic violation under the jurisdiction of the traffic violations bureau shall be characterized and classified as a traffic violation and shall not be considered as a misdemeanor. Whenever any traffic violation is transferred from another court to a court which has a traffic violations bureau, if such offense is classified as a traffic violation on the traffic violations bureau schedule of the receiving court, such violation shall be handled and

TUESDAY, MARCH 24, 1992

2361

disposed of by such traffic violations bureau. Where a defendant demands a trial on a traffic violation, it shall be tried before a judge of the court which established the traffic violations bureau. The request for a trial shall not result in a loss of jurisdiction by the traffic viola tions bureau."
"40-13-62. When any person cited for a traffic violation pursuant to this article fails to appear in court on the date specified in the citation and in accordance with his written promise to appear, unless such person has posted a cash bond as provided in this article, the traffic violations bureau thereupon loses jurisdiction and the citation shall be forwarded to the prosecuting attorney of the court who shall have an accusation issued against such person. and Upon motion of the prosecuting attorney, a bench warrant shall issue based on the accusation for the arrest of the defendant. The defendant's case shall be docketed by the clerk of the court and handled as all other misdemeanors."
Section 30. Said title is further amended by striking Code Sections 40-14-7 and 40-14-8 in their entirety and inserting in lieu thereof new Code Sections 40-14-7 and 40-14-8 to read as follows:
"40-14-7. No stationary speed detection device shall be employed by county, municipal, college, or university law enforcement officers where the vehicle from which the device is operated is not visible to obstructed from the view of approaching motorists or is otherwise not visible for a distance of at least 500 feet.
40-14-8. (a) No county, city, or campus officer shall be allowed to make a case based on the use of any speed detection device except in properly marked achool zonca one hour before, during, and one hour after the normal hours of school operation, and improperly marked residential districts, unless the speed of the vehicle exceeds the posted speed limit by more than ten miles per hour; and no conviction shall be had thereon unless such speed is more than ten miles per hour above the posted speed limit.
(b) The limitations contained in subsection (a) of this Code section shall not apply in properly marked school zones one hour before, during, and one hour after the normal hours of school operation and in properly marked residential zones. For purposes of this chapter, thoroughfares with speed limits of 35 miles per hour or more shall not be considered resi dential districts."
Section 31. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 32. All laws and parts of laws in conflict with this Act are repealed.

Senator Deal of the 49th moved that the Senate adopt the Conference Committee re port on HB 245.

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 Deal Dean Echols Egan

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

Moye Newbill Perdue Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Starr Steinberg

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Tate Taylor Timmons

Turner Tysinger Walker of 22nd

Walker of 43rd White

Those not voting were Senators:

Alien (excused) Bowen Dawkins

Edge Garner Langford

Perry Shumake Thompson

On the motion, the yeas were 47, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on HB 245.

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

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.
Senate Sponsor: Senator Moye of the

TThheereport of the committee, which was favorable to the passage of the bill, was agreed t;oo.

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 Brown of 26th Burton
ky
Coleman Dawkins Deal Dean Echols
Edge Egan
English Foster
Garner

Gillis Hammill Harris Hasty Henson Hill
Hooks
Huggms Johnson Kidd Marable Moye
Newbill Perdue
Perry Phillips
Pollard

Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott
starr
Steinberg ,,
Taylor Timmons Turner Tysinger Walker of 22nd Walker of 43rd White

Those not voting were Senators:

Albert Alien (excused)

Collins Langford

Shumake Thompson

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

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

TUESDAY, MARCH 24, 1992

2363

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.
Senate Sponsor: Senator Egan of the 40th.

The Senate Committee on Natural Resources offered the following amendment:

Amend HB 124 by striking on line 3 of page 5 the word "or". By striking on line 7 of page 5 the symbol "." and inserting in lieu thereof the symbol and word "; or".
By inserting immediately following line 7 of page 5 the following:
"(4) All alcohol products bottled prior to January 1, 1994."

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

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

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 Brown of 26th Burton Clay DCoawlliknisns
DDeeaaln Echols Edge Egan English Foster

Garner Gillis Hammill Harris Hasty Henson Hil1 HHouoggksins
JKoihdndson Marable Newbill Perdue Perry Phillips

Ragan of 10th Ragan of 32nd Ramsey Ray Robinson aTM** Star S0 t, em. b, erg
T^hfo16mpson Timmons Turner Tysinger Walker of 43rd White

Those not voting were Senators:

Albert Alien (excused) Coleman

Langford Moye Pollard

Shumake Taylor Walker of 22nd

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

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

Senator Garner of the 30th moved that Senator Taylor of the 12th be excused from the Senate for two hours due to personal business.

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On the motion, the yeas were 29, nays 1; the motion prevailed, and Senator Taylor of the 12th was excused from the Senate for two hours.
The following general bills of the House, favorably reported by the committees, were read the third time and put upon their passage:
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.
Senate Sponsor: Senator Kidd of the 25th.
The Senate Committee on Governmental Operations offered the following substitute to HB 1574:
A BILL
To be entitled an Act 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; to provide for definitions; to change certain provisions re lating to the composition and method of selecting members of the State Board of Physical Therapy; to provide for additional qualifications; to provide for additional powers and du ties of the board; to change certain provisions relating to physical therapy license require ments; to provide for additional practice requirements; to provide for additional license re quirements with respect to physical therapist assistants; to change certain provisions relating to reciprocity; to change certain provisions relating to the expiration, renewal, and restoration of licenses; to change provisions relating to the issuance of temporary licenses; to provide for training permits; to change certain provisions relating to refusal to grant or re store licenses and disciplinary authority; to provide for certain mental and physical exami nations; to provide for certain fines; to change the termination date of and to continue the board and the laws relating to the board; 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 33 of Title 43 of the Official Code of Georgia Annotated, relating to the regulation of physical therapists, is amended by striking Code Section 43-33-3, relating to definitions regarding the State Board of Physical Therapy, and inserting in its place a new Code Section 43-33-3 to read as follows:
"43-33-3. As used in this chapter, the term:
(1) 'Board' means the State Board of Physical Therapy.
(2) 'Direct supervision of a trainee' means that the licensed physical therapist is on the premises at all times and is fully responsible for the activities assigned to the trainee!
{3} (3) 'License' means a valid and current certificate of registration issued by the board, winch shall give the person to whom it is issued authority to engage in the practice prescribed thereon.
{3} (4) 'Licensee' means any person holding a license.
{4} (5) 'Person' means a human person only, not a legal entity.
{&} (6) 'Physical therapist' means a person licensed to practice physical therapy as de fined inTHis chapter and whose license is in good standing. A physical therapist shall be designated by the initials 'P.T.'
{6} (7) 'Physical therapist assistant' or 'physical therapy assistant' means a person who is licensee! by the board to assist a physical therapist, whose activities are supervised and

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2365

directed by a physical therapist, and whose license is in good standing. A physical therapist assistant shall be designated by the initial 'P.T.A.'
?} (8) 'Physical therapy' means the examination, treatment, and instruction of human beings toUetect, assess, prevent, correct, alleviate, and limit physical disability, bodily mal function and pain from injury, disease, and any other bodily and mental conditions and includes the administration, interpretation, documentation, and evaluation of tests and measurements of bodily functions and structures; the planning, administration, evaluation, and modification of treatment and instruction, including the use of physical measures, activ ities, and devices, for preventative and therapeutic purposes; and the provision of consulta tive, education, and other advisory services for the purpose of preventing or reducing the incidence and severity of physical disability, bodily malfunction, and pain.
{8} (9) 'Physical therapy aide' means a person who aids in the providing provision of physicaftKerapy services, who is supervised and directed on the premises at all times by a licensee under this chapter, and whose activities do not require technical training through a formal course of study.
(10) 'Trainee' means an applicant for initial license or an applicant for relicensure who has not practiced the profession for a period which exceeds two years and who is authorized, by issuance of a training permit, to work under the direct supervision of a physical therapist licensed under this chapter.
(11) 'Traineeship' means a period of activity during which an unlicensed physical thera pist or physical therapy assistant works under the direct supervision of a licensed physical therapist who has practiced for not less than one continuous year prior to assuming the supervisory roleT
(12) "Training permit' means a valid and current certificate of registration issued by the boarcT which gives the person to whom it is issued authority to engage in practice through a traineeship prescribed thereon and may be granted to a qualified unlicensed graduate trainee, foreign trained trainee, or relicensure trainee."
Section 2. Said chapter is further amended by striking Code Section 43-33-5, relating to appointment of board members, and inserting in its place a new Code Section 43-33-5 to read as follows:
"43-33-5. The board shall consist of si* eight members, as provided in Code Section 4333-6, each of whom shall be appointed by the Governor, approved by the Secretary of 8tntc, and confirmed by the Senate for a term of three years and until a successor is appointed and qualified. Vacancies on the board shall be filled by the Governor's appointment of a succes sor to serve out the unexpired term. The Governor, after notice and opportunity for hearing, may remove, any member of the board for neglect of duty, incompetence, revocation or sus pension of license of those licensee members, or other dishonorable conduct. No person shall serve more than two consecutive full terms as a member of the board."
Section 3. Said chapter is further amended by striking Code Section 43-33-6, relating to qualifications, and inserting in its place a new Code Section 43-33-6 to read as follows:
"43-33-6. To be eligible for appointment to the board, a person must be a resident of this state. Five Six members of the board shall be licensees licensed as physical therapists under this chapter who have practiced or taught physical therapy for at least five years. At least one member shall be licensed and practicing as a physical therapist assistant. Trie snrife eighth member shall be appointed from the public at large and shall have no connection whatsoever with the practice or profession of physical therapy."
Section 4. Said chapter is further amended by striking Code Section 43-33-10, relating

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to general powers and duties of the board, and inserting in its place a new Code Section 4333-10 to read as follows:
"43-33-10. In carrying out the provisions of this chapter, the board shall, in addition to the other powers conferred upon it under this chapter, have the power to:
(1) Prepare or approve all examinations or applicants for licenses;
(2) Determine the qualifications of and authorize the issuance of licenses to qualified physical therapists and physical therapist assistants;
(3) Determine the qualifications for and approve educational programs that prepare physical therapists and physical therapist assistants for the purpose of determining qualifi cations of applicants for licensure;
(4) Initiate investigations of alleged or suspected violations of the provisions of this chapter or other laws of this state pertaining to physical therapy and any rules and regula tions adopted by the board. For this purpose, any board member or authorized agent of the board shall have the power and right to enter and make reasonable inspection of any place where physical therapy is practiced;
(5) Conduct all hearings in contested cases according to Chapter 13 of Title 50, known as the 'Georgia Administrative Procedure Act';
(6) Discipline any person licensed under this chapter, or refuse to grant, renew, or re store a license to any person upon any ground specified in this chapter;
(7) Adopt a seal, the imprint of which together with the authorized signature of either the joint-secretary or other member authorized by the board shall be effective to evidence its official acts;
(8) Establish licensing fees and maintain in the office of the joint-secretary a register of all persons holding a license and a record of all inspections made; and
(9) Adopt and publish a code of ethics;
(10) Issue training permits; and
{9} (11) Adopt such rules and regulations as shall be reasonably necessary for the en forcement and implementation of the provisions and purposes of this chapter and other laws of this state insofar as they relate to physical therapy."
Section 5. Said chapter is further amended by striking Code Section 43-33-11, relating to license requirements, and inserting in its place a new Code Section 43-33-11 to read as follows:
"43-33-11. No persons shall practice as a physical therapist or as a physical therapist assistant nor hold himself out as being able to practice as a physical therapist or as a physi cal therapist assistant or use the initial P.T. or P.T.A. in conjunction therewith unless he holds a license and otherwise complies with the provisions of this chapter and the rules and regulations adopted by the board. Nothing in this Code section shall be construed as preventing or restricting the practice, services, or activities of:
(1) Any person licensed under any other law of this state who is engaged in the profes sional or trade practices properly conducted under the authority of such other licensing laws;
(2) Any person pursuing a course of study leading to a degree or certificate as a physical therapist or as a physical therapist assistant in an entry level educational program approved by the board, if such person is designated by a title indicating student status, is fulfilling work experiences required for the attainment of the degree or certificate, and is under the supervision of a licensed physical therapist;
(3) Any person enrolled in a course of study designed to develop advanced physical therapy skills when the physical therapy activities are required as part of an educational program sponsored by an educational institution approved by the board, and conducted

TUESDAY, MARCH 24, 1992

2367

under the supervision of a physical therapist licensed under this chapter. If such person provides physical therapy services outside the scope of the educational program, he shall then be required to be licensed in accordance with this chapter;
(4) A physical therapist licensed in another state or country or employed by the United States government conducting a teaching or clinical demonstration in connection with an academic or continuing education program; ef
(5) Any person employed as a physical therapist or as a physical therapist assistant by the United States government if such person provides physical therapy services solely under the direction or control of the employing organization. If such person shall engage in the practice of physical therapy or as a physical therapist assistant outside the course and scope of such employment, he shall then be required to be licensed in accordance with this chap ter^ or
(6) A person currently licensed in another state who is present in this state for treatment"bf a temporary sojourner only, said treatment in this state not to exceed a total of 60 days during any 12 month period."
Section 6. Said chapter is further amended by striking Code Section 43-33-12, relating to requirements for the issuance of licenses, and inserting in its place a new Code Section 43-33-12 to read as follows:
"43-33-12. A license to practice physical therapy shall be issued to any person who:
(1) Is a graduate of an educational program that prepares physical therapists and which is accredited by a recognized accrediting agency and approved by the board or, in the case of an applicant who has graduated from a program conducted in a foreign country, has submitted, in a manner prescribed by the board, credentials approved by the board and who has further demonstrated the ability to speak, write, and understand the English language and has satisfactorily completed a three-month board approved traineeship under the su pervision of a physical therapist licensed under this chapter;
(2) Has satisfactorily passed an examination prepared or approved by the board; and
(3) Is not disqualified to receive a license under the provisions of Code Section 43-33-18 or subsection (a) of Code Section 43-1-19."
Section 7. Said chapter is further amended by striking Code Section 43-33-13, relating to physical therapist assistant license requirements, and inserting in its place a new Code Section 43-33-13 to read as follows:
"43-33-13. A license to practice as a physical therapist assistant shall be issued to any person who:
(1) Is a graduate of an educational program that prepares physical therapist assistants and which is accredited by a recognized accrediting agency and approved by the board or, in the case of an applicant who has graduated from a program conducted in a foreign country, has submitted, in a manner prescribed by the board, credentials approved by the board and who has further demonstrated the ability to speak, write, and understand the English lan guage and has satisfactorily completed a three-month board approved traineeship under the supervision of a physical therapist licensed under this chapter;
(2) Has satisfactorily passed an examination prepared or approved by the board; and
(3) Is not disqualified to receive a license under the provisions of Code Section 43-33-18 or subsection (a) of Code Section 43-1-19."
Section 8. Said chapter is further amended by striking Code Section 43-33-15, relating to reciprocity, and inserting in its place a new Code Section 43-33-15 to read as follows:
"43-33-15. The board may grant to a person licensed in another state or territory of the

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United States full privileges to engage in equivalent practice authorized by this chapter without taking an examination, provided:
(1) That such person is properly licensed under the laws of another state or territory or the United States; and
(2) That the requirements for licensing in such other state or territory of the United States are substantially equal to the requirements for a similar license in this state."
Section 9. Said chapter is further amended by striking Code Section 43-33-16, relating to expiration, renewal, and restoration of licenses, and inserting in its place a new Code Section 43-33-16 to read as follows:
"43-33-16. All licenses shall expire biennially unless renewed. All applications for re newal of a license shall be filed with the joint-secretary prior to the expiration date, accom panied by the biennial renewal fee prescribed by the board. A license which has expired for failure of the holder to renew may only be restored after application and payment of the prescribed restoration fee within the time period established by the joint-secretary and pro vided the applicant meets such requirements as the board may establish by rule. Any license which has not ben restored within such period following its expiration may not be renewed, restored, or reissued thereafter. The holder of such a canceled license may apply for and obtain a valid license only upon compliance with all relevant requirements for issuance of a new license. The board shall require no less than four hours of continuing education in order to renew any license issued pursuant to this chapter."
Section 10. Said chapter is further amended by striking Code Section 43-33-17, relating to issuance of temporary licenses, which reads as follows:
"43-33-17. (a) A temporary license may be issued without examination to any person who:
(1) Applies for the first time to practice as a physical therapist or as a physical therapist assistant under Code Section 43-33-12, 43-33-13, or 43-33-15 and meets all other qualifica tions under Code Section 43-33-12, 43-33-13, or 43-33-15; or
(2) Intends to practice on a temporary basis in this state and otherwise meets all quali fications for a licensed physical therapist or physical therapy assistant under this chapter.
(b) A temporary license issued pursuant to this Code section shall expire after six months and be subject to renewal only upon good and exceptional cause shown, provided that a temporary license may not be renewed more than one time.",
and inserting in its place a new Code Section 43-33-17 to read as follows:
"43-33-17. (a) The board may issue a training permit to an unlicensed graduate trainee who is a graduate of an approved physical therapy program who is applying to take the next scheduled licensing examination or who has taken the examination but not yet received the examination results.
(b) The board may issue a training permit to a foreign trained trainee who is a graduate from a school outside the United States and its territories and who is approved to take the examination.
(c) The board may issue a training permit to a relicensure trainee who has held an inactive license to practice as a physical therapist or license to practice as a physical therapy assistant for more than two years.
(d) A training permit shall allow the holder thereof to work only under the direct super vision of a physical therapist who has practiced for not less than one continuous year prior to assuming the supervisory role.
(e) A training permit issued pursuant to this Code section shall be valid for up to six months or expire immediately upon notification of failing exam results or interruption or cancellation of a required practicum approved by the board.

TUESDAY, MARCH 24, 1992

2369

(f) A training permit may be subject to renewal, at the discretion of the board, when good cause is shown. The training permit may not be renewed more than one time and failure of a licensure examination is not deemed to be good cause."
Section 11. Said chapter is further amended by striking Code Section 43-33-18, relating to refusal to grant or restore licenses, and inserting in its place a new Code Section 43-33-18 to read as follows:
"43-33-18. (a) The board shall have authority to refuse to grant or restore a license to an applicant or to discipline a physical therapist or physical therapist assistant licensed under this chapter or any antecedent law upon a finding by the board that the licensee or applicant has:
(1) Implemented a program of physical therapy treatment without consultation with an appropriate licensed practitioner of the healing arts, or in the case of practice as a physical therapist assistant, practiced other than under the supervision and direction of a licensed physical therapist;
(2) Become Displayed an inability or has become unable to practice physical therapy or as a physical therapist assistant with reasonable skill and safety to patients by reason of illness, use of alcohol, drugs, narcotics, chemicals, or any other type of material, or as a result of any mental or physical condition;:
(A) In enforcing this paragraph the board may, upon reasonable grounds, require a li censee or applicant to submit to a mental or physical examination by an appropriate practi tioner of the healing arts designated by the board. The expense of such mental or physical examination shall be borne by the licensee or applicant. The results of such examination shall be admissible in any hearing before the board, notwithstanding any claim of privilege under a contrary rule of law or statute, including, but not limited to Code Section 24-9-21. Every person who shall accept the privilege of practicing physical therapy in this state or who shall file an application for a license to practice physical therapy in this state shall be deemed to have given his consent to submit to such mental or physical examination and to have waived all objections to the admissibility of the results in any hearing before the board upon the grounds that the same constitutes a privileged communication. If a licensee or applicant fails to submit to such an examination when properly directed to do so by the board, unless such failure was due to circumstances beyond his control, the board may enter a final order upon proper notice, hearing, and proof of such refusal. Any licensee or appli cant who is prohibited from practicing physical therapy under this paragraph shall at rea sonable intervals be afforded an opportunity to demonstrate to the board that he can resume or begin the practice of physical therapy with reasonable skill and safety to patients;
(B) For the purposes of this paragraph, the board may, upon reasonable grounds, obtain any and all records relating to the mental or physical condition of a licensee or applicant, including psychiatric records; and such records shall be admissible in any hearing before the board, notwithstanding any privilege under a contrary rule of law or statute, including, but not limited to, Code Section 24-9-21. Every person who shall accept the privilege of practic ing physical therapy in this state or who shall file an application to practice physical ther apy in this state shall be deemed to have given his consent to the board's obtaining any such records and to have waived all objections to the admissibility of such records in any hearing before the board upon the grounds that the same constitute a privileged communication;
(C) If any licensee or applicant could, in the absence of this paragraph, invoke a privi lege to prevent the disclosure of the results of the above-mentioned examination or the above-mentioned records relating to the mental or physical condition of such licensee or applicant, all such information shall be received by the board in camera and shall not be disclosed to the public, nor shall any part of the record containing such information be used against any licensee or applicant in any other type of proceeding;
(3) Been convicted of a felony or crime involving moral turpitude in the courts of this state, the United States, or the conviction of an offense in another jurisdiction which if committed in this state would be deemed a felony. For the purpose of this Code section, a

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'conviction' shall include a finding or verdict of guilty, a plea of guilty, or a plea of nolo contendere in a criminal proceeding regardless of whether the adjudication of guilt or sen tence is withheld or not entered thereon pursuant to the provisions of Code Sections 42-8-60 through 42-8-64, relating to first offenders, or any comparable rule or statute;
(4) Knowingly made misleading, deceptive, untrue, or fraudulent representations to a patient, consumer, or other person or entity in connection with the practice of physical ther apy or in any document connected therewith; or practiced fraud or deceit or intentionally made any false statement in obtaining or attempting to obtain a license to practice physical therapy or as a physical therapist assistant, or made a false or deceptive biennial registra tion with the board;
(5) Practiced physical therapy contrary to this Code section or to the rules and regula tions of the board; or knowingly aided, assisted, procured, or advised any person to practice physical therapy contrary to this Code section or to the rules and regulations of the board; or knowingly performed any act which in any way aids, assists, procures, advises, or encour ages any unlicensed person to practice physical therapy;
(6) Engaged in any unprofessional, unethical, deceptive, or deleterious conduct or prac tice harmful to the public, which conduct or practice need not have resulted in actual injury to any person; unprofessional conduct shall also include any departure from, or the failure to conform to, the minimal standards of acceptable and prevailing physical therapy practice or the failure to comply with the code of ethics of the board;
(7) Failed to report to the board any act or omission of a licensee or applicant or any other person which violates the provisions of this subsection; or
(8) Divided fees or agreed to divide fees received for professional services with any per son, firm, association, corporation, or other entity for bringing or referring a patient.
(b) (1) When the board finds that any person is unqualified to be granted a license or finds that any person should be disciplined pursuant to subsection (a) of this Code section, the board may take any one or more of the following actions:
(A) Refuse to grant or restore a license to an applicant;
(B) Administer a public or private reprimand, but a private reprimand shall not be disclosed to any person except the licensee;
(C) Suspend any license for a definite period;
(D) Limit or restrict any license;
(E) Revoke any license; or
(F) Condition the penalty or withhold formal disposition, upon the physical therapist's, physical therapist assistant's, or other person's submission to the care, counseling, or treat ment of physicians or other professional persons, and the completion of such care, counsel ing, or treatment, as directed by the boardr; or
(G) Impose a fine not to exceed $500.00 for each violation of law, rule, or regulation of the board.
(2) In addition to or in conjunction with the foregoing actions the board may make a finding adverse to the licensee or applicant but withhold imposition of judgment and pen alty, or it may impose the judgment and penalty but suspend enforcement thereof and place the licensee or applicant on probation, which probation may be vacated upon noncompliance with such reasonable terms as the board may impose.
(c) In its discretion, the board may restore and reissue a license issued under this chap ter or any antecedent law and, as a condition thereof, it may impose any disciplinary or corrective measure provided in this chapter.
(d) A person, firm, corporation, association, authority, or other entity shall be immune from civil and criminal liability for reporting the acts or omissions of a licensee or applicant

TUESDAY, MARCH 24, 1992

2371

which violate the provisions of subsection (a) of this Code section or any other provision of law relating to a licensee's or applicant's fitness to practice as a physical therapist or as a physical therapist assistant, if such report is made in good faith without fraud or malice. Any person who testifies without fraud or malice before the board in any proceeding involv ing a violation of the provisions of subsection (a) of this Code section or any other law relating to a licensee's or applicant's fitness to practice as a physical therapist or as a physi cal therapist assistant shall be immune from civil and criminal liability for so testifying."
Section 12. Said chapter is further amended by striking Code Section 43-33-21, relating to termination of the board, and inserting in its place Code Section 43-33-21 to read as follows:
"43-33-21. 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 Physical Therapy shall be terminated on July 1, 4993 1998, 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 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 Kidd of the 25th offered the following amendment:

Amend the substitute to HB 1574 offered by the Senate Committee on Governmental Operations by adding on page 18, line 14 a new Section 12 to read as follows:
"Section 12. Nothing in this chapter shall be construed to restrict the provision of phys ical therapy or any other act by a physician licensed under Chapter 34 of this title or a podiatrist licensed under Chapter 35 of this title operating within the scope of his or her license or the provision of physical therapy or aiding in the provision of physical therapy by persons acting under the supervision of a licensed physician or podiatrist.";
and by renumbering Sections 12, 13 and 14 as "Section 13", "Section 14" and "Section 15", consecutively.

On the adoption of the amendment, the yeas were 41, nays 1, 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 Baldwin Bishop Bowen Broun of 46th Brown of 26th Clay Coleman Collins Dawkins

Deal Dean Echols Edge English Foster Gillis Harris Hasty Henson

Hill Hooks Huggins Johnson Kidd Marable Moye Newbill Perdue Perry

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Phillips Pollard Ragan of 32nd Kamsey Ray
Robinson

Scott Steinberg T
Thompson Timmons

Turner Tysinger Walker of
Walker of 43rd White

Those not voting were Senators:

Alien (excused) Burton Egan Garner

Hammill Langford Ragan of 10th

Shumake Starr Taylor (excused)

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 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.
Senate Sponsor: Senator Starr of the 44th.

Senators Newbill of the 56th, Deal of the 49th and Garner of the 30th offered the fol lowing substitute to HB 1004:

A BILL
To be entitled an Act to amend Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, so as to 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 depart ment or agency to adopt more restrictive rules or regulations; to authorize the Secretary of State to prescribe by rule or regulation user fees for public information services, materials, and copies; 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 45 of the Official Code of Georgia Annotated, relating to public officers and employees, is amended by adding at the end of Chapter 11, relating to miscellaneous offenses, 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;

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2373

(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 marriage 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 public office shall not be prohibited from adopting and enforcing a rule or regula tion that is more restrictive than the prohibition contained in this Code section."
Section 2. Said title is further amended by inserting at the end of Article 2 of Chapter 13, relating to the powers and duties of the Secretary of State, a new Code section, to be designated Code Section 45-13-28 to read as follows:
"45-13-28. The Secretary of State shall be authorized to prescribe by rule or regulation user fees to be charged and collected for public information services and materials, includ ing, but not limited to, the state directory and the mail reference service; and for electro static copies, photostatic copies, microfilm, microfiche, and photographs of information, doc uments, or records which the Secretary of State is statutorily required to accept, maintain, or compile. Such rules and regulations shall be promulgated in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' The fees shall be in such amounts which are reasonably estimated to cover the cost of the services, materials, or copies provided."
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 Newbill of the 56th, Garner of the 30th and Deal of the 49th offered the fol lowing amendment:
Amend the substitute to HB 1004 offered by Senators Newbill of the 56th, Deal of the 49th and Garner of the 30th by striking on line 11, page 2, the word "or", adding on line 12, page 2, the word "or" after "Grandson", by adding on line 13 "(K) Spouse", and renumber subsequent lines accordingly.

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On the adoption of the amendment, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Baldwin Bishop Bowen Broun of 46th Brown of 26th
urton Cr; o,lyeman CDoelaljins Dean Echols Edge Egan English Foster

Garner Gillis Hammill Harris Hasty Henson
Hill Hooks
Johnson Kidd Marable Mye Newbill Perdue Perry

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

Those not voting were Senators:

Alien (excused) Dawkins Langford

Shumake Steinberg

Taylor (excused) Walker of 22nd

On the adoption of the amendment, the yeas were 49, nays 0, and the amendment was adopted.

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

The President announced that, pursuant to Senate Rule 143, consideration of HB 1004 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 insists on its position in substituting the following bill of the Senate:

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 House insists on its position in disagreeing to the Senate amendment, and has

TUESDAY, MARCH 24, 1992

2375

appointed a Committee of Conference on the part of the House to confer with a like com mittee on the part of the Senate on the following bill of the House:
HB 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.
The Speaker has appointed on the part of the House, Representatives Dunn of the 73rd, Williams of the 90th and Culbreth of the 97th.
The House adheres to its position in insisting on its substitute, and has appointed a Committee of Conference to confer with a like committee on the part of the Senate on the following bill of the Senate:
SB 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.
The Speaker has appointed on the part of the House, Representatives Barfoot of the 120th, Patten of the 149th and Long of the 142nd.
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 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.
The Speaker has appointed on the part of the House, Representatives Lane of the 27th, Watts of the 41st and Skipper of the 116th.
The House has disagreed to the Senate amendment to the following bill of the House:
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.
The House has disagreed to the Senate substitute to the following bill 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.

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JOURNAL OF THE SENATE

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

HB 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.
Senate Sponsor: Senator Henson of the 55th.

The following Memorandum, as required by law, was read by the Secretary:

Department of Audits 254 Washington Street, 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 19, 1992

SUBJECT: Fiscal Note - House Bill 1256 (LC 18 4534) Sales and Use Tax - Licensing Amusement Machines

This bill would exempt certain revenues generated by coin operated amusement ma chines from state sales and use taxation and would provide for the regulation and licensure of such amusement machines. The bill defines "coin operated amusement machine," identi fies the licensing requirements/fees applicable and identifies the authority provided to the state revenue commissioner regarding such machines.

The net impact of this bill on state tax revenues cannot be estimated since information on current sales tax collections is not comprehensive and there is no available information on the number of operators or machines that would need to be licensed or permitted. Based on December, 1991 Department of Revenue data on sales tax collections for coin operated amusement machines, this bill would result in a reduction in state sales tax revenues of approximately $490,000; however, National Bureau of Census data indicates that this bill would result in reduction in state sales tax revenues in fiscal year 1994 of approximately $1.1 million. It should be noted that neither of these estimates include amusement machine operations in establishments where more than half of the revenues are tied to a different activity (such as restaurant or bar sales). While it was not possible to verify the information supplied, industry representatives estimated that approximately 250 operators would need to be licensed and approximately 50,000 machines would need to be permitted which would equal approximately $1,375,000 of collections. In addition, Department of Revenue person nel estimated that approximately $310,000 would be needed to fund first year administra tive costs associated with implementing the licensing program.

/s/ G. W. Hogan State Auditor

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

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

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

TUESDAY, MARCH 24, 1992

2377

Those voting in the affirmative were Senators:

Albert Baldwin Bishop Bowen Broun of 46th
X^y C?man
iDDfeaawl,k.ms s Dean Echols Edge Egan English Foster

Garner Gillis Hammill Harris Hasty
Henson Hill
THHIouogkgsms Johnson Kidd Marable Newbill Perdue Perry

Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey
Ray Robinson
SmTth.eoinmbpesrogn Timmons Turner Tysinger Walker of 22nd Walker of 43rd White

Voting in the negative were Senators Brown of the 26th and Burton.

Those not voting were Senators:

Alien (excused) Langford Moye

Scott Shumake Starr

Tate Taylor (excused)

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

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

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

SR 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 House substitute to SR 381 was as follows:

A RESOLUTION
Authorizing the grant of a nonexclusive easement for operation and maintenance of electrical transmission lines in, on, over, under, upon, across, or through property owned by the State of Georgia in Stewart County, Georgia; authorizing the exchange between the State of Georgia and J. C. Howell of certain real property and property rights located in Berrien County, Georgia; authorizing the investigation and disposition of a claim by B. J. Wetherington to certain, disputed state owned real property located in Lowndes County, Georgia; to provide an effective date; to repeal conflicting laws; and for other purposes.
WHEREAS:
(1) The State of Georgia is the owner of certain real property located in Land Lots 7, 25, and 26 of the 23rd District of Stewart County, Georgia, which is in the custody of and utilized by the Department of Natural Resources;

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(2) Oglethorpe Power Corporation is refurbishing and expanding its electrical transmis sion network in portions of Stewart County and elsewhere;
(3) A portion of this cable must pass through the above-described state owned property and would be beneficial to the public's interest;
(4) The Board of the Department of Natural Resources by resolution dated June 26, 1991, approved the granting of this easement to Oglethorpe Power Corporation for the above-described purpose; and
(5) A three-year revocable license has been granted to Oglethorpe Power Corporation by the State Properties Commission for the above-described purpose; and
WHEREAS:
(1) The State of Georgia is the record owner of a certain parcel of real property located in Berrien County, Georgia, on which is located the Patrick's Lake Public Fishing Area, managed by the Department of Natural Resources;
(2) The said real property was conveyed to the State of Georgia by Bennett Ryner Patrick and Robert W. Patrick, Jr., by warranty and quitclaim deeds dated August 2, 1989, recorded in Deed Book 195, pages 221-227, and Deed Book 195, page 220, in the real prop erty records of the clerk of the Superior Court of Berrien County, Georgia, and in the real property inventory of the State Properties Commission as Deed Record 7840;
(3) J. C. Howell is the owner of certain property adjacent to the property obtained by the State of Georgia in the conveyances just previously identified and may retain certain fishing and irrigation rights in the property now owned by the State of Georgia;
(4) The Department of Natural Resources has determined that it is in the best interest of the State of Georgia and in the management of the Patrick's Lake Public Fishing Area to exchange certain properties with J. C. Howell; and
(5) The Department of Natural Resources has determined that the exchange should be of approximately 0.615 acres of land owned by the State of Georgia and shown as Tracts 1A, 2B, and 5A on that certain plat entitled "Preliminary Survey for State of Georgia, Georgia Department of Natural Resources, Patrick's Lake P.F.A." dated February 3, 1992, and pre pared by Hampton & Associates Surveying Co., Inc., Tifton, Georgia, and specifically Darrell Hampton, Registered Professional Land Surveyor No. 2161, for approximately 0.437 acres of land owned by J. C. Howell and shown as Tracts 2A, 4A, and 5B on the aforemen tioned plat, as well as relinquishment of certain fishing and irrigation rights by J. C. Howell; and
WHEREAS:
(1) The State of Georgia is the record owner of a certain parcel of real property located in Lowndes County, Georgia;
(2) The said real property was conveyed to the State of Georgia by Kathryn Blanton Coleman by general warranty deed dated August 10, 1989, recorded in Deed Book 708, pages 188-190, in the real property records of the clerk of the Superior Court of Lowndes County, Georgia, and in the real property inventory of the State Properties Commission as Deed Record 7862;
(3) The said real property was described in said deed by reference to a certain plat of survey prepared by Frank E. Carlton, Georgia Registered Land Surveyor No. 1544, dated June 3, 1989, recorded in Plat Book 34, pages 8-9, in the real property records of the clerk of the Superior Court of Lowndes County, Georgia, and in the real property inventory of the State Properties Commission as Deed Record 7862;
(4) A portion of said real property, lying in Land Lot 192 of the llth Land District of Lowndes County, is claimed by B. J. Wetherington, who asserts ownership as owner of adja cent land by deed recorded in Deed Book 254, page 175, in the real property records of the clerk of the Superior Court of Lowndes County, Georgia, or other indicia of title;

TUESDAY, MARCH 24, 1992

2379

(5) The said property is under the custody and management of the Georgia Department of Natural Resources and is operated as Grand Bay Wildlife Management Area; and
(6) Mrs. Coleman has made offers of settlement to the State of Georgia, which would require acknowledgement of Mr. Wetherington's claim and release to him of disputed land.
NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL AS SEMBLY OF GEORGIA:
ARTICLE 1
Section 1. (a) That the State of Georgia is the owner of the hereinafter described real property, hereinafter referred to as the "easement area," and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission.
(b) That the State of Georgia, acting by and through its State Properties Commission, may grant to Oglethorpe Power Corporation, its successors and assigns, a nonexclusive ease ment for the construction, operation, and maintenance of electrical transmission lines in, on, over, under, upon, across, or through the easement area for the purpose of constructing, erecting, operating, maintaining, repairing, and replacing electrical transmission lines, to gether with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement area is located in Land Lots 7, 25, and 26 of the 23rd District of Stewart County, Georgia, as shown out lined in red on a drawing entitled Exhibit "A" on file in the offices of the State Properties Commission and will be more particularly described on a plat of survey prepared by Ogle thorpe Power Corporation and presented to the State Properties Commission for approval.
(c) That the above-described premises shall be used solely for the purpose of planning, constructing, installing, maintaining, repairing, replacing, inspecting, and operating said electrical transmission lines.
(d) That Oglethorpe Power Corporation shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably neces sary for the proper construction, operation, and maintenance of said electrical transmission lines.
(e) That, after Oglethorpe Power Corporation has put into use the electrical transmis sion lines for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, Oglethorpe Power Corporation, its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the facility shall be come the property of the State of Georgia, its successors and assigns.
(f) That no title shall be conveyed to Oglethorpe Power Corporation, and, except as herein specifically granted to Oglethorpe Power Corporation, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to Oglethorpe Power Corporation.
(g) That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated in order to avoid interference with the state's use or intended use of the ease ment area, Oglethorpe Power Corporation shall remove or relocate its facilities at its sole cost and expense.
(h) That the easement granted to Oglethorpe Power Corporation shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the descrip tion utilized by the State Properties Commission describes the same easement area herein granted.

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(i) That the consideration for such easement shall before the fair market value but not less than $650.00 and upon such further consideration and provisions as the State Proper ties Commission may determine to be in the best interest of the State of Georgia.
(j) That this grant of easement shall be recorded by the grantee in the Superior Court of Stewart County and a recorded copy shall be forwarded to the State Properties Commission.
(k) That the authorization in this resolution to grant the above-described easement to Oglethorpe Power Corporation shall expire three years after the date that this resolution becomes effective.
(1) That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.
ARTICLE II
Section 2. (a) That the State of Georgia is the owner of the above-described real prop erty and that, in all matters relating to the conveyance of the real property, the State of Georgia is acting by and through its State Properties Commission.
(b) That the Department of Natural Resources and the State Properties Commission shall investigate the exchange of property between the State of Georgia and J. C. Howell regarding the above-described real property; and, if the State Properties Commission deter mines that the exchange is in the best interest of the State of Georgia, the State Properties Commission shall be authorized to acquiesce in or compromise such exchange by conveyance by appropriate instrument and by such other transactions and proceedings as it shall deter mine appropriate.
(c) That the authorization in this resolution to convey the above-described disputed real property to J. C. Howell shall expire three years after the date that this resolution becomes effective.
(d) That the State Properties Commission is authorized and empowered to do all acts and things necessary and property to effect such conveyance.
(e) That any deed of conveyance shall be recorded by the grantee in the Superior Court of Berrien County and a recorded copy shall be forwarded to the State Properties Commission.
ARTICLE III
Section 3. (a) That the State of Georgia is the owner of the above-described real prop erty and that, in all matters relating to the conveyance of the real property, the State of Georgia is acting by and through its State Properties Commission.
(b) That the Department of Natural Resources and State Properties Commission shall investigate the claim of B. J. Wetherington and the settlement proposed by Kathryn Blanton Coleman regarding the above-described real property in dispute; and, if the State Properties Commission determines that Mr. Weth^rington's claim is valid or has merit, the State Properties Commission shall be authorized to acquiesce in or compromise such claim by conveyance by appropriate instrument and by such other transactions, claims, and pro ceedings as it shall determine appropriate.
(c) That the authorization in this resolution to convey the above-described disputed real property to B. J. Wetherington shall expire three years after the date that this resolu tion becomes effective.
(d) That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
(e) That any deed of conveyance shall be recorded by the grantee in the Superior Court of Lowndes County and a recorded copy shall be forwarded to the State Properties Commission.

TUESDAY, MARCH 24, 1992

2381

ARTICLE IV
Section 4. That this resolution shall become effective upon its approval by the Governor or upon its become law without such approval.
Section 5. That all laws and parts of laws in conflict with this resolution are repealed.

Senator Timmons of the llth moved that the Senate agree to the House substitute to SR 381.

On the motion, 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 Barton Cman CDoalwlmkisns
Deal Dean Echols Edge Egan English

Gillis Hammill Harris Hasty Hill Hooks Huggins ^ T , nson
Kldd Marable Newbill Perdue Perry Phillips

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

Those not voting were Senators:

Alien (excused) BBaallddwin
Garner

Henson Langford Moye Ray

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

On the motion, the yeas were 43, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SR 381.

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

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.
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:

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JOURNAL OF THE SENATE

Those voting in the affirmative were Senators:

Albert Baldwin Bishop Broun of 46th Brown of 26th Burton
Coleman CDoalwliknisns Deal Dean Echols Edge Egan English

Gillis Hammill Harris Hasty Henson Hill S ks Huggms KMiadrdable
Moye
Newbill
Perdue
Perry
Phillips Pollard

Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Steinberg ^ iT,hfotempson
Timmons
Turner
Tysinger
Walker of 22nd
Walker of 43rd White

Those not voting were Senators:

Alien (excused) Bowen Foster

Garner Johnson Langford

Shumake Starr Taylor (excused)

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

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

Senator Collins of the 17th 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 House:

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.

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 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.
Senate Sponsor: Senator Hill of the 4th.

The Senate Committee on Corrections offered the following substitute to HB 1769:

A BILL To be entitled an Act to amend Chapter 4 of Title 42 of the Official Code of Georgia

TUESDAY, MARCH 24, 1992

2383

Annotated, relating to jails, so as to provide for deductions from money credited to the account of an inmate to defray the costs paid by a municipality or county for certain medi cal treatment requested by an inmate or to repay the costs of destruction 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, or quelling any riot or other disturbance in which an inmate is unlawfully involved; to limit certain deductions; to define certain terms; to provide certain exceptions; to amend Article 2 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, known as the "State-wide Probation Act," so as to change the provisions relating to terms and conditions of probation; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 4 of Title 42 of the Official Code of Georgia Annotated, relating to jails, is amended by adding following Article 2 a new Article 3 to read as follows:
"ARTICLE 3
42-4-50. As used in this article, the term:
(1) 'Detention facility' means a municipal or county jail used for the detention of per sons charged with or convicted of either a felony, a misdemeanor, or a municipal offense.
(2) 'Inmate' means a person who is detained in a detention facility by reason of being charged with or convicted of a felony, a misdemeanor, or a municipal offense.
(3) 'Medical treatment' means each visit initiated by the inmate to an institutional phy sician; physician's extender, including a physician's assistant or a nurse practitioner; dentist; optometrist; or psychiatrist for examination or treatment.
(4) 'Officer in charge' means the sheriff, if the detention facility is under his supervision, or the warden, captain, or superintendent having the supervision of any other detention facility.
42-4-51. (a) The officer in charge may establish by rules or regulations criteria for a reasonable deduction from money credited to the account of an inmate to:
(1) Repay the costs of:
(A) Public property willfully damaged or destroyed by the inmate during his incarceration;
(B) Medical treatment for injuries inflicted by the inmate upon himself or others;
(C) Searching for and apprehending the inmate when he escapes or attempts to escape; or
(D) Quelling any riot or other disturbance in which the inmate is unlawfully involved;
(2) Defray the costs paid by a municipality or county for medical treatment for an inmate, which medical treatment has been requested by the inmate, provided that such deduction from money credited to the account of an inmate shall not exceed $5.00 for each such occurrence of treatment received by the inmate at the inmate's request; provided, fur ther, that if the balance in an inmate's account is $10.00 or less, such fee shall not be charged.
(b) The provisions of paragraph (2) of subsection (a) of this Code section shall not apply in any case where an officer of the detention facility or a medical practitioner deter mines that an inmate is in need of medical treatment.
(c) All sums collected for medical treatment shall be reimbursed to the inmate if such inmate is not convicted of all charges for which the inmate was being held."
Section 2. Article 2 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated,

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JOURNAL OF THE SENATE

known as the "State-wide Probation Act," is amended by striking in its entirety Code Sec tion 42-8-35, relating to terms and conditions of probation, and inserting in lieu thereof a new Code Section 42-8-35 to read as follows:
"42-8-35. The court shall determine the terms and conditions of probation and may provide that the probationer shall:
(1) Avoid injurious and vicious habits;
(2) Avoid persons or places of disreputable or harmful character;
(3) Report to the probation supervisor as directed;
(4) Permit the supervisor to visit him at his home or elsewhere;
(5) Work faithfully at suitable employment insofar as may be possible;
(6) Remain within a specified location;
(7) Make reparation or restitution to any aggrieved person for the damage or loss caused by his offense, in an amount to be determined by the court. Unless otherwise pro vided by law, no reparation or restitution to any aggrieved person for the damage or loss caused by his offense shall be made if the amount is in dispute unless the same has been adjudicated;
(8) Repay the costs incurred by any municipality or county for wrongful actions by an inmate covered under the provisions of paragraph (1) of subsection (a) of Code Section 42fST,
(8) (9) Support his legal dependents to the best of his ability;
{9} (10) Violate no local, state, or federal laws and be of general good behavior; and
fW} (11) If permitted to move or travel to another state, agree to waive extradition from any jurisdiction where he may be found and not contest any effort by any jurisdiction to return him to this state."
Section 3. All laws and parts of laws in conflict with this Act are repealed.

Senators Hill of the 4th, Hammill of the 3rd and Henson of the 55th offered the follow ing amendment:

Amend the substitute to HB 1769 offered by the Senate Committee on Corrections on page 2, line 30 by striking "or" and inserting the following:
"such costs to be limited to those extraordinary costs incurred as a consequence of the escape."

On the adoption of the amendment, the yeas were 28, nays 2, 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:

Baldwin Bishop Broun of 46th Burton

Clay Coleman Collins Dawkins

Deal Dean Echols Edge

TUESDAY, MARCH 24, 1992

2385

Egan English Foster Gillis Hammill HHaarsrtiys
Henson Hill
Hooks
Huggins

Johnson Kidd Marable Moye Newbill PPeerrdryue
Phillips Ragan of 10th
Ragan of 32nd
Ramsey

Ray Robinson Scott Stazi Timmons ,,T,urner
Tysmger Walker of 22nd
Walker of 43rd
White

Voting in the negative were Senators Brown of the 26th and Tate.

Those not voting were Senators:

Albert Alien (excused) Bowen Garner

Langford Pollard Shumake

Steinberg Taylor (excused) Thompson

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

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

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.
Senate Sponsor: Senator Hooks of the 14th.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Bishop Bowen Broun of 46th Brown of 26th Burton
XCoTeman CDoalwlmkisns j3eaj >ean Echols Edge Egan English Foster

Garner Gillis Hammill Harris Hasty Henson
HHoilol kg -^ T ma Johnson Marable Moye Newbill Perdue Perry Phillips

Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson
Sgtcaortrt n^t,em bi erg Tate Thompson Timmons Turner Tysinger Walker of 22nd White

2386

JOURNAL OF THE SENATE

Those not voting were Senators:

Alien (excused) Baldwin Kidd

Langford Shumake

Taylor (excused) 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.

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.
Senate Sponsor: Senator English of the 21st.

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

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

Those voting in the affirmative were Senators:

Albert Baldwin Bishop Bowen Broun of 46th Brown of 26th Coleman Dawkins Deal Dean Echols Edge Egan English Foster

Garner Gillis Hammill
Hasty Henson Hill Hooks Johnson Marable Moye 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 voting in the negative were Senators:

Burton Clay

Collins

Newbill

Those not voting were Senators:

Alien (excused) Harris Huggins

Kidd Langford Shumake

Taylor (excused) Walker of 43rd

On the passage of the bill, the yeas were 44, nays 4.

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

TUESDAY, MARCH 24, 1992

2387

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.
Senate Sponsor: Senator Baldwin of the 29th.

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 1377 (LC 18 4688) Income Tax - Change Definition of Taxable Nonresident

This bill provides for changing the definition of "taxable nonresident" regarding state income taxes. The bill specifically identifies that athletes or entertainers performing services in the state would be considered taxable nonresidents. The bill also eliminates the provision that an individual would not be considered a taxable nonresident if the remuneration pro vided for service rendered in this state did not exceed five percent of the individuals total income, provides for an allocation method to identify the income attributable to this state and changes the definition of wages for taxable nonresidents.

The fiscal impact of this bill on state revenues could not be estimated because there is no information available on the number of nonresident professional athletes or entertainers that perform in the state, or their earnings.

/s/ G. W. Hogan State Auditor

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

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

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

Those voting in the affirmative were Senators:

Albert Baldwin Bishop Bowen Broun of 46th Burton Coleman Collins Dawkins Dean

Garner Gillis Hammill Hasty Henson Hill Hooks Huggins Langford Marable

Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Robinson Scott Steinberg

2388

JOURNAL OF THE SENATE

Thompson Timmons

Turner Tysinger

Walker of 22nd

Those voting in the negative were Senators:

Brown of 26th Clay Deal Edge

Egan Foster Harris Johnson

Newbill Tate White

Those not voting were Senators:

Alien (excused)
Echols English Kidd

Moye Ray Shumake

Starr Taylor (excused) Walker of 43rd

On the passage of the bill, the yeas were 35, nays 11.

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

Senator Ragan of the 32nd moved that Senator Echols of the 6th be excused from the Senate for the remainder of the day today.

On the motion, the yeas were 40, nays 1; the motion prevailed, and Senator Echols of the 6th was excused from the Senate for the remainder of the day today.

Senator Thompson of the 33rd moved that the following local bill of the House, having been passed previously today, be immediately transmitted to the House:

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.

On the motion, the yeas were 31, nays 0; the motion prevailed, and HB 2052 was imme diately transmitted to the House.

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

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.
Senate Sponsor: Senator Pollard of the 24th.

TUESDAY, MARCH 24, 1992

2389

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: DATE:

G. W. Hogan, State Auditor January 13, 1992

SUBJECT: House Bill 1230 (LC 21 1333) Public School Employees Retirement System
This bill would require members of the Public School Employees Retirement System to submit an application to the board as a prerequisite to receiving retirement benefits. The effective date of retirement would be the first day of the month in which the application was received by the board (provided that the applicant had completed his or her final month of employment). Retirement payments would begin on this effective date.
This is to certify that, this is a nonfiscal retirement bill as defined in the Public Retire ment Systems Standards Law.
/a/ G. W. Hogan State Auditor

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

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

Those voting in the affirmative were Senators:

Baldwin Bishop Bowen Broun of 46th Brown of 26th Burton Clay Coleman Collins Dawkins Deal Dean Edge Egan

Foster Gillis Hammill Harris Hasty Hill Hooks Huggins Langford Marable Newbill Perdue Perry Phillips

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

Those not voting were Senators:

Albert Alien (excused) Echols (excused) English
Garner

Henson Johnson Kidd Moye
Ray

Shumake Starr
, Taylor (excused)
Walker of 43rd

On the passage of the bill, the yeas were 42, nays 0.

2390

JOURNAL OF THE SENATE

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

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.
Senate Sponsor: Senator Dawkins of the 45th.

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 1405 (LC 18 4689EC) State Tax Amnesty Program

This bill would implement a tax amnesty program with post amnesty increased enforce ment activities and penalties to induce payments of delinquent taxes. The amnesty period would begin October 1, 1992 and would end December 31, 1992. The bill would provide for a waiver of penalties assessed for outstanding liabilities for taxable periods or transactions on or before December 31, 1990. Follow-up enforcement would include "collection fees" applied to any tax assessed or tax bill collected after the amnesty period which could have been paid under the amnesty program.

The exact impact of this bill on state tax revenues cannot be accurately estimated since the number of taxpayers that will take advantage of the amnesty period and the additional tax revenues that would result from increased enforcement efforts and penalties following the amnesty period cannot be predicted. However, the results of comparable amnesty pro grams conducted in six southeastern states are summarized in the following table.

AMNESTY PROGRAMS IN SOUTHEASTERN STATES

PRYOEGARRAM

PER C--O--L--L--EC--T--IO--N--STOTAL

STATE

IMPLEMENTED

CAPITA

(MILLIONS)

Kentucky

1988

Maryland

1987

West Virginia

1986

Virginia

1990

Florida

1988

South Carolina

1985

$16.09 $7.88 $5.21 $5.20 $3.03 $2.70

$61.1 $34.6 $10.1 $32.2 $35.4 $ 7.1

Department of Revenue personnel have requested funding for implementation of a tax amnesty program of approximately $2.45 million for administrative and advertising expend itures during fiscal years 1992 through 1994 as shown in the following table. It should be noted that available cost of implementation data from Virginia identified an implementa tion cost of approximately $1.4 million and data from Kentucky identified an implementa tion cost of approximately $800,000. In addition to implementation costs, Department of

TUESDAY, MARCH 24, 1992

2391

Revenue personnel also requested additional funding for increased enforcement efforts fol lowing the amnesty period. The funding requested for the increased enforcement efforts is also shown in the following table.

DEPARTMENT OF REVENUE AMNESTY PROGRAM FUNDING REQUEST

FY 92

FY 93

FY94_

Implement Amnesty Program

$168,703

$1,817,360

$ 467,412

Increased Enforcement Efforts Automated Collection System Telephone Tax Collectors Audit Staff____________
Total for Increased Enforcement

$0 0
____0
$0

$2,000,000 30,769 316,893
$2,347,662

$

0

818,370

725,165

$1,543,535

/s/ G. W. Hogan State Auditor

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

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

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

Those voting in the affirmative were Senators:

Baldwin Bishop Bowen Broun of 46th Brown of 26th Burton Clay Coleman Collins Dawkins Deal Dean Edge Foster

Garner Gillis Hammill Harris Hasty Henson Hill Hooks Huggins Johnson Langford Marable Newbill

Perry Pollard Ragan of 10th Ragan of 32nd Ramsey Scott Starr Steinberg Tate Thompson Turner Walker of 43rd White

Voting in the negative was Senator Egan.

Those not voting were Senators:

Albert Alien (excused) Echols (excused) English Kidd

Moye Perdue Phillips Ray Robinson

Shumake Taylor (excused) Timmons Tysinger Walker of 22nd

On the passage of the bill, the yeas were 40, nays 1.

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

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JOURNAL OF THE SENATE

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.
Senate Sponsor: Senator Gillis of trhie 20th.

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

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

Those voting in the affirmative were Senators:

Albert Baldwin Bishop Bowen Broun of 46th BB,,ruorwtonn of 26th CCloalyeman
Collins Dawkins Deal Dean Edge

Egan Foster Garner Gillis Hammill HHITaasrrttiys HHeungsgoinns
Langford Marable Newbill Perdue Perry

Pollard Ragan of 10th Ragan of 32nd Ramsey Robinson SQ co,,tt
Stemberg
Tate Thompson Turner Tysinger White

Those not voting were Senators:

Alien (excused) Echols (excused) English Hill Hooks

Johnson Kidd Moye Phillips Ray

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

On the passage of the bill, the yeas were 41, nays 0.

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

HB 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.
Senate Sponsor: Senator Perdue of the 18th.

The Senate Committee on Banking and Financial Institutions offered the following sub stitute to HB 1219:

A BILL
To be entitled an Act 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

TUESDAY, MARCH 24, 1992

2393

recover damages against an accountant or an accounting partnership, professional associa tion, or professional corporation relative to an alleged breach of contract or negligent per formance of accounting services; to provide for specific periods of limitation; to provide for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 3 of Title 9 of the Official Code of Georgia Annotated, relating to limitations of actions, is amended by adding between Articles 4 and 5 a new Article 4A to read as follows:
"ARTICLE 4A
9-3-85. Notwithstanding any other provisions of Article 2 of this chapter, this article shall apply to and govern any action to recover damages filed by any person or entity claim ing negligence or breach of contract occurring on or after July 1, 1992, on the part of any accountant or accounting partnership, professional association, or professional corporation registered, licensed, or practicing in this state in conformity with the provisions of Chapter 3 of Title 43 as a result of financial statements or other information examined, compiled, reviewed, certified, audited, or otherwise reported or opined on by the accountant or ac counting partnership, professional association, or professional corporation pursuant to an engagement to provide professional accounting services.
9-3-86. No action covered by Code Section 9-3-85 may be brought in any court in this state unless such action commences on or before the earlier of:
(1) Two years from the date the alleged negligent or wrongful act or omission is discov ered or should have been discovered by the exercise of reasonable diligence; or
(2) Four years after the service for which the action is brought was performed or the date of the initial issuance of the accountant's report on the financial statements or other information, whichever comes first; provided, however, that if the alleged negligent or wrongful act or omission is discovered or should have been discovered by the exercise of reasonable diligence within the fourth year after the service was performed, the period for bringing an action shall extend for one year after the date of discovery or the date discovery should have been made by the exercise of reasonable diligence."
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 Baldwin Bishop Bowen Broun of 46th Burton Clay Deal Dean Egan Foster Garner

Gillis Hammill Harris Henson Hill Hooks Huggins Johnson Langford Marable Moye Newbill

Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Robinson Scott Steinberg Tate Thompson

2394

JOURNAL OF THE SENATE

Timmons Turner

Tysinger

White

Those voting in the negative were Senators:

Brown of 26th

Dawkins

Edge

Those not voting were Senators:

Alien (excused)
C|eman Colhns Echols (excused) English

Hasty Kidd
Rav Shumake

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

On the passage of the bill, the yeas were 40, nays 3.

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

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.
Senate Sponsor: Senator Coleman of the 1st.

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

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

Those voting in the affirmative were Senators:

Albert Baldwin Bishop Bowen Broun of 46th Brown of 26th Burton Clay Coleman Dawkins Deal Dean Edge Egan

Foster Garner Gillis Hammill Harris Henson Hill Hooks Huggins Johnson Langford Marable Moye Newbill

Perdue Perry Ragan of 10th Ragan of 32nd Ramsey Robinson Scott Tate Thompson Timmons Turner Tysinger Walker of 43rd White

Those not voting were Senators:

Alien (excused)
Collins Echols (excused) English
Hasty

Kidd
Phillips Pollard Ray
Shumake

Starr Steinberg
Taylor (excused) Walker of 22nd

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2395

On the passage of the bill, the yeas were 42, nays 0.
The bill, having received the requisite constitutional majority, was passed.
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House and Senate:
HB 1838. By Representative Williams of the 90th: A bill to be entitled an Act to amend an Act providing that the governing author ity of Richmond County shall be a board of commissioners consisting of a chair man and nine other members and designating the board as the Augusta-Rich mond County Commission-Council and the members of the board of commissioners as commissioners-councilpersons, so as to provide for a board of commissioners of 12 members.
HB 2046. By Representative Barnett of the 59th: A bill to amend an Act incorporating the City of Snellville, so as to deannex and exclude certain property from the corporate limits of the city.
HB 2082. By Representatives Oliver of the 53rd, Teper of the 46th and Irwin of the 57th: A bill to amend an Act providing a supplement to the compensation expenses and allowances of the judges of the superior court of the Stone Mountain Judicial Circuit, so as to change the amount of such supplement.
HB 2098. By Representative Hanner of the 131st: A bill to amend an Act to create a board of commissioners of roads and revenues for Terrell County, so as to provide new commissioner districts.
HB 2099. By Representative Hanner of the 131st: A bill to amend an Act creating a board of commissioners of Clay County, so as to provide new commissioner districts.
HB 2132. By Representatives Coker of the 21st, Aiken of the 21st, Vaughan of the 20th, Wilder of the 21st, Atkins of the 21st and others: A bill to amend an Act creating the State Court of Cobb County, so as to provide the criminal procedures to be used in the state court.
HB 2133. By Representatives Thomas of the 69th, Simpson of the 70th and Jones of the 71st: A bill to amend an Act establishing the State Court of Carroll County, so as to change the compensation of the solicitor.
HB 2134. By Representatives Alford of the 57th, Irwin of the 57th, Henson of the 57th, Tolbert of the 58th, Thomas of the 55th and others: A bill to amend an Act to impose certain requirements and limitations upon ad valorem taxes levied by DeKalb County to finance the provision of certain gov ernmental services, known as the "DeKalb County Special Services Tax Districts Act," so as to provide for certain limitations on the millage rate levied in certain municipalities.

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HB 2135. By Representative Edwards of the 112th: A bill to provide a new charter for the City of Ellaville.
HB 2137. By Representative Streat of the 139th: A bill to amend an Act establishing the office of Commissioner of Roads and Revenues in the County of Coffee, so as to reapportion the commissioner districts.
HB 2138. By Representative Streat of the 139th: A bill to amend an Act establishing a board of education of Coffee County, so as to reapportion the education districts.
HB 2139. By Representative Birdsong of the 104th: A bill to amend an Act creating a Board of Commissioners of Twiggs County, so as to provide for the election of members of the board.
HB 2140. By Representatives Flynt of the 75th and Herbert of the 76th: A bill to further define, prescribe, and enlarge the powers and duties of the Griffin-Spalding County Development Authority and further to regulate the manage ment and conduct.
HB 2141. By Representatives Powell of the 13th and Clark of the 13th: A bill to create the Hart County Water and Sewer Utility Authority.
HB 2142. By Representatives Moody of the 153rd and Byrd of the 153rd: A bill to provide a method of appointment for members of the Baxley Appling County Hospital Authority.
HB 2143. By Representative Morsberger of the 62nd: A bill to amend an Act creating a new charter for the City of Lilburn, so as to change the corporate limits of the city.
HB 2147. By Representatives Breedlove of the 60th, Jackson of the 9th, Lawson of the 9th and Orr of the 9th: A bill to amend an Act creating a new charter for the City of Buford, so as to change the corporate limits of the city.
HB 2153. By Representatives Smyre of the 92nd, Buck of the 95th, Taylor of the 94th, Harris of the 96th and Culbreth of the 97th: A bill to amend an Act creating the Muscogee County School District, so as to provide for the composition of the Muscogee County Board of Education.
HB 2155. By Representative Coleman of the 118th: A bill to amend an Act providing a new charter for the City of Eastman, so as to extend and increase the corporate limits of the City of Eastman.
HB 2156. By Representative Hanner of the 131st: A bill to amend an Act entitled "An Act to increase the number of commissioners of roads and revenues for the county of Calhoun from three to five," so as to provide new commissioner districts.

TUESDAY, MARCH 24, 1992

2397

HB 2158. By Representatives Cummings of the 17th and Murphy of the 18th: A bill to amend an Act providing certain additional compensation for the clerk of the superior court of all counties of this state having a certain population, so as to change the population figure in said Act.
HB 2159. By Representatives Watson of the 114th and Walker of the 113th: A bill to amend an Act providing a new charter for the City of Warner Robins in Houston County, so as to provide for the inclusion of certain property within the corporate limits of said city.
HB 2160. By Representatives Coker of the 21st, Atkins of the 21st, Klein of the 21st, Clark of the 20th, Aiken of the 21st and others: A bill to amend an Act creating the board of commissioners of Cobb County, so as to amend provisions relating to county purchases.
HB 2161. By Representatives Dixon of the 128th, Hamilton of the 124th, Kingston of the 125th, Pelote of the 127th, Merritt of the 123rd and others: A bill to amend an Act creating a new charter for the City of Garden City, so as to extend the present corporate limits of said municipality and annex and incor porate certain additional land to said municipality.
HB 2162. By Representatives Dixon of the 128th, Hamilton of the 124th, Kingston of the 125th, Bordeaux of the 122nd, Merritt of the 123rd and others: A bill to amend an Act creating a new charter for the City of Garden City, so as to increase the limit of the authority of the recorder's court to impose fines for contempt from $50.00 to $500.00.
HB 2115. By Representative Jenkins of the 80th: A bill to provide a homestead exemption from certain Jasper County ad valorem taxes for county purposes in the amount of $2,000.00 of the assessed value of that homestead for certain residents of that county.
HB 2122. By Representatives Twiggs of the 4th and Colwell of the 4th: A bill to amend an Act providing for a $10,000.00 homestead exemption from all City of Sky Valley ad valorem taxes for residents of that city, so as to increase the amount of said homestead exemption.
HB 2123. By Representatives Smith of the 16th and McKelvey of the 15th: A bill to amend an Act providing for a homestead exemption from ad valorem taxes of the City of Rome independent school district for certain residents of that school district, so as to change the amount of the exemption.
HB 2154. By Representatives Cummings of the 17th and Murphy of the 18th: A bill to provide for homestead exemptions from Polk County ad valorem taxes for county purposes and from Polk County School District ad valorem taxes for educational purposes and to reduce bonded indebtedness for certain residents of that county and school district.
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

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the violation of the code of ethics; to provide for procedures, requirements, and other matters relative to the foregoing; to provide for a referendum.
SB 623. 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 provisions relating to compensation of the members of the board of education; to provide for ap proval and for appropriation of funds for salaries and expenses; to authorize the board of education to provide group medical and dental insurance for its members.
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.
SB 694. By Senator Egan of the 40th:
A bill to amend an Act reincorporating the City of Atlanta in the Counties of Fulton and DeKalb as amended, so as to provide for an additional penalty in cases in which fines are imposed and for an additional sum to be posted for bails and bonds in the Municipal Court of Atlanta; to provide that the moneys col lected shall be expended only to fund the staffing, operation, and capital im provement of municipal detention and prison facilities.
SB 708. By Senators Coleman of the 1st, Alien of the 2nd and Hammill of the 3rd:
A bill to amend an Act revising the laws relative to the governing authority of Chatham County, as amended, so as to provide that the board of commissioners may authorize county employees to issue citations for violations of county codes, ordinances, regulations, rules, or other orders; to provide for the effect of failure to respond to citations.
The House has passed, by substitute, by the requisite constitutional majority the fol lowing bills of the Senate:
SB 317. By Senator Shumake of the 39th:
A bill to amend Chapter 15 of Title 9 of the Official Code of Georgia Annotated, relating to costs in civil cases, so as to eliminate cross-references to Code Section 15-6-77.2, relating to total costs for clerk's services in counties with a population of 450,000 or more; to provide a contingent effective date.
SB 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.
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

TUESDAY, MARCH 24, 1992

2399

and license fees, so as to change the population figure designating the counties to which said Code section is applicable.

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.

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 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.

The Speaker has appointed on the part of the House, Representatives Smith of the 156th, Branch of the 137th and Byrd of the 153rd.

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

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.
Senate Sponsor: Senator Dawkins of the 45th.

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 7, 1992

SUBJECT: Fiscal Note - House Bill 1399 (LC 21 1513) Income Tax - Revise Job Tax Credit for Certain Business

This bill would change the annual job income tax credit from $1,000 to $2,000 per new

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full time job for businesses in the lowest 40 counties ranked as less developed areas. Addi tionally this bill would also provide for a $1,000 job tax credit per new full time job for businesses in the next lowest 40 counties ranked as less developed areas.
The fiscal impact of this bill upon state revenues cannot be determined since the num ber of job positions in less developed counties which would be eligible for the job tax credit cannot be predicted. Data is not available on the number of businesses that have taken advantage of the existing job tax credit because the current year is the first year businesses will be eligible to receive the credit.

/s/ G. W. Hogan State Auditor

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

Senator Dawkins of the 45th offered the following amendment:

Amend HB 1399 by inserting on line 20 of page 1, following the word and symbol "processing,", the following:
"tourism,".
By striking on line 16 of page 2 the word "and" and inserting in lieu thereof the symbol

By inserting on line 19 of page 2, between the number "2" and the symbol ".", the following:
", and the remaining 79 counties shall be classified as tier 3. In the event two or more counties receive identical statistical ratings, the commissioner of community affairs shall have the discretion to rank such counties based on any other available information''^
By inserting on line 13 of page 3, following the word and symbol "job.", the following:
"Business enterprises in counties designated by the commissioner of community affairs as tier 3 counties and which create at least 25 new jobs shall be allowed a job tax credit for taxes imposed under this article equal to $500.00 annually for each new full-time job for five years beginning with years two through six after creation of the job; provided, however, that no such job tax credit shall be allowed for any job created in a tier 3 county after December 31, 1997."

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

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

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

Those voting in the affirmative were Senators:

Albert Baldwin Bishop Bowen Broun of 46th Brown of 26th Burton Clay Coleman Collins Dawkins Deal

Dean Edge English Foster Gillis Hammill Harris Hasty Henson Hill Hooks Huggins

Johnson Langford Marable Moye Newbill Perdue Perry Pollard Ragan of 10th Ramsey Ray Robinson

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2401

Scott Starr Tate Thompson

Timmons Turner Tysinger

Walker of 22nd Walker of 43rd White

Those not voting were Senators:

Alien (excused) Echols (excused) Egan Garner

Kidd Phillips Ragan of 32nd

Shumake Steinberg Taylor (excused)

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

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

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

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.

The House amendment was as follows:

Amend SB 823 by striking "O.C.G.A." from line 23 of page 1 and inserting in its place the following:
"O.C.G.A. Homestead shall also mean otherwise qualified real property of the applicant located in a retirement community which is held by such applicant subject to a written lease for not less than three years prior to the year for which application is made and where the applicant is the owner of all improvements located on the real property."

Senator Pollard of the 24th moved that the Senate agree to the House amendment to SB 823.

On the motion, 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 Deal Dean Edge

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

Langford Marable Moye Newbill Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Robinson Scott

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Tate Thompson Timmons

Turner Tysinger Walker of 22nd

Walker of 43rd White

Those not voting were Senators:

Alien (excused) Dawkins Echols (excused)

Kidd Ray Shumake

Starr Steinberg Taylor (excused)

On the motion, the yeas were 47, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 823.

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

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.

The House substitute to SB 677 was as follows:

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 authorize the Commissioner of Insurance to establish by regulation a uniform or standard claim form to be supplied 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; to provide for the payment of benefits by certain persons licensed under Title 33 to licensed nonparticipating or nonpreferred providers who have rendered services; to provide for a discharge of obligation; to provide for notice; to provide an excep tion; 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 generally, is amended by adding immediately following Code Section 33-24-10, relating to the grounds for disapproval of forms, a new Code Section 33-24-10.1 to read as follows:
"33-24-10.1. The Commissioner is authorized to establish by rule or regulation a stan dard or uniform claim form to be supplied by insurers on and after January 1, 1994, to their insureds for the purpose of filing claims under policies or contracts of accident and sickness insurance. The Commissioner shall file and maintain on file in the office of the Commis sioner a true copy of the standard or uniform claim form designated as such and bearing the Commissioner's authenticating signature and the date of filing."
Section 2. Said article is further amended by adding at the end thereof a new Code section, to be designated Code Section 33-24-54, to read as follows:
"33-24-54. (a) Notwithstanding any provisions of Code Sections 33-1-3, 33-1-5, and 3324-17 and Chapter 20 of this title or any other provisions of this title which might be con strued to the contrary, whenever an accident and sickness insurance policy, subscriber con tract, or self-insured health benefit plan, by whatever name called, which is issued or admin istered by a person licensed under this title provides that any of its benefits are payable to a

TUESDAY, MARCH 24, 1992

2403

participating or preferred provider of health care services licensed under the provisions of Chapter 4 of Title 26 or of Chapter 9, 11, 30, 34, 35, or 39 of Title 43 for services rendered, the person licensed under this title shall be required to pay such benefits either directly to any similarly licensed nonparticipating or nonpreferred provider who has rendered such ser vices, has a written assignment of benefits, and has caused written notice of such assignment to be given to the person licensed under this title or jointly to such nonparticipating or nonpreferred provider and to the insured, subscriber, or other covered person; provided, however, that in either case the person licensed under this title shall be required to send such benefit payments directly to the provider who has the written assignment. When pay ment is made directly to a provider of health care services as authorized by this Code sec tion, the person licensed under this title shall give written notice of such payment to the insured, subscriber, or other covered person.
(b) 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 participating or preferred providers and nonpartici pating or nonpreferred providers as otherwise authorized under the provisions of Code Sec tions 33-30-20 through 33-30-27.
(c) Payments made by a person licensed under this title under subsection (a) of this Code section to a nonparticipating or nonpreferred provider or jointly to the provider and the insured, subscriber, or other covered person shall discharge such person's obligation with respect to the amount so paid.
(d) 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, limited accident policies, or similar limited policies."
Section 3. This Act shall become effective on July 1, 1992.
Section 4. All laws and parts of laws in conflict with this Act are repealed.
Senator Walker of the 22nd moved that the Senate agree to the House substitute to SB 677.
Senator Egan moved that the House substitute to SB 677 be printed.
On the motion offered by Senator Egan, the yeas were 23, nays 10; the motion pre vailed, and the substitute was ordered printed, and the action on the motion offered by Senator Walker of the 22nd was postponed subject to the printing.
The following bill of the House was taken up for the purpose of considering the House action thereon:
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.
Senator Johnson of the 47th moved that the Senate insist upon the Senate substitute to HB 1261.
On the motion, the yeas were 34, nays 0; the motion prevailed, and the Senate insisted upon the Senate substitute to HB 1261.

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

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.

Senator Ragan of the 10th moved that the Senate insist upon the Senate amendment to HB 1931.

On the motion, the yeas were 30, nays 0; the motion prevailed, and the Senate insisted upon the Senate amendment to HB 1931.

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

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.
Senate Sponsors: Senators Alien of the 2nd and Deal of the 49th:

Senator Robinson of the 16th offered the following amendment:

Amend HB 1710 by deleting the number "12" on line 11, page 2, and inserting the number "10" in its place;
and by deleting the words "one-half the number of on line 16, page 2, and inserting the number "6" in its place;
and by deleting the words "allowed to the accused" on line 17, page 2.

On the adoption of the amendment, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Bowen Collins Dawkins Dfn EEdnggelish
Foster
Garner
Gillis

Henson Hill Hooks " uugeins JMoharnasbolne
Newbill
Perdue
Perry

Pollard Ragan of 10th Ragan of 32nd Ramsey _Ro,bi. nson
Thompson
Timmons
Turner

Those voting in the negative were Senators:

Albert Baldwin Bishop Broun of 46th

Brown of 26th Burton Clay Coleman

Deal Egan Hammill Harris

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2405

Hasty Langford Moye Phillips

Scott Starr Steinberg Tate

Tysinger Walker of 22nd Walker of 43rd White

Those not voting were Senators:

Alien (excused) Echols (excused)

Kidd Ray

Shumake Taylor (excused)

On the adoption of the amendment, the yeas were 26, nays 24, and the amendment was adopted.

Senator Deal of the 49th moved that the Senate reconsider its action in adopting the amendment offered by Senator Robinson of the 16th.

On the motion offered by Senator Deal of the 49th, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Baldwin Bishop Broun of 46th Brown of 26th Burton Clay Coleman Dawkins Deal Dean Egan English

Foster Garner Hammill Harris Hasty Hill Hooks Huggins Johnson Langford Marable Moye Newbill

Perdue Phillips Ragan of 10th Ragan of 32nd Scott Starr Steinberg Tate Thompson Timmons Tysinger Walker of 43rd White

Those voting in the negative were Senators:

Bowen Collins Edge Gillis

Henson Perry Pollard Ramsey

Robinson Turner Walker of 22nd

Those not voting were Senators:

Alien (excused) Echols (excused)

Kidd Ray

Shumake Taylor (excused)

On the motion offered by Senator Deal of the 49th, the yeas were 39, nays 11; the motion prevailed, and the amendment offered by Senator Robinson of the 16th to HB 1710 was reconsidered.

On the adoption of the amendment offered by Senator Robinson of the 16th, the Presi dent ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Bowen Collins

Edge Garner

Gillis Henson

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JOURNAL OF THE SENATE

Marable Perdue Perry

Ragan of 32nd Ramsey

Robinson Turner

Those voting in the negative were Senators:

Albert
Baldwin Bishop Broun of 46th Brown of 26th ^uarton

Foster
Hammill Harris Hasty ml Hooks

Cabman Dawkins Deal Dean Egan English

Huggins Johnson Langford Moye Newbill Phillips

Pollard Ragan of 10th Scott Starr Steinberg Tate
Thompson Timmons Tysinger Walker of 22nd Walker of 43rd White

Those not voting were Senators:

Alien (excused) Echols (excused)

Kidd Ray

Shumake Taylor (excused)

On the adoption of the amendment offered by Senator Robinson of the 16th, the yeas were 13, nays 37, and the amendment was lost.

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

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

Those voting in the affirmative were Senators:

Albert Baldwin Bishop Bowen Broun of 46th Brown of 26th Burton Clay Coleman Collins Dawkins Deal Dean Edge Egan English

Foster Gillis Hammill Harris Hasty Henson Hill Hooks Huggins Johnson Langford Marable Moye Newbill Perdue Perry

Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Robinson Starr Steinberg Tate Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White

Those not voting were Senators:

Alien (excused) Echols (excused) Garner

Kidd Ray Scott

Shumake Taylor (excused)

TUESDAY, MARCH 24, 1992

2407

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 disagreed to the Senate amendment to 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 House has passed, by substitute, by the requisite constitutional majority the fol lowing bill 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.
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 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.
The Speaker has appointed on the part of the House, Representatives Coleman of the 118th, Buck of the 95th and Walker of the 115th.
The House has disagreed to the Senate amendment to the following bill of the House:
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.
The House adheres to its position in insisting on its amendment, and has appointed a Committee of Conference to confer with a like committee on the part of the Senate on the following bill of the Senate:
SB 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

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qualifications; to provide for the election of Senators; to provide when the Sena tors elected shall take ofHce.
The Speaker has appointed on the part of the House, Representatives Smith of the 152nd, Dixon of the 128th and Hanner of the 131st.
The following bills of the House were read the first time and referred to committee:
HB 1838. By Representative Williams of the 90th: A bill to be entitled an Act to amend an Act providing that the governing author ity of Richmond County shall be a board of commissioners consisting of a chair man and nine other members and designating the board as the Augusta-Rich mond County Commission-Council and the members of the board of commissioners as commissioners-councilpersons, so as to provide for a board of commissioners of 12 members.
Referred to Committee on Urban and County Affairs.
HB 2046. By Representative Barnett of the 59th: A bill to amend an Act incorporating the City of Snellville, so as to deannex and exclude certain property from the corporate limits of the city.
Referred to Committee on Urban and County Affairs.
HB 2082. By Representatives Oliver of the 53rd, Teper of the 46th and Irwin of the 57th: A bill to amend an Act providing a supplement to the compensation expenses and allowances of the judges of the superior court of the Stone Mountain Judicial Circuit, so as to change the amount of such supplement.
Referred to Committee on Urban and County Affairs.
HB 2098. By Representative Hanner of the 131st: A bill to amend an Act to create a board of commissioners of roads and revenues for Terrell County, so as to provide new commissioner districts.
Referred to Committee on Urban and County Affairs.
HB 2099. By Representative Hanner of the 131st: A bill to amend an Act creating a board of commissioners of Clay County, so as to provide new commissioner districts.
Referred to Committee on Urban and County Affairs.
HB 2115. By Representative Jenkins of the 80th: A bill to provide a homestead exemption from certain Jasper County ad valorem taxes for county purposes in the amount of $2,000.00 of the assessed value of that homestead for certain residents of that county.
Referred to Committee on Urban and County Affairs.
HB 2122. By Representatives Twiggs of the 4th and Colwell of the 4th: A bill to amend an Act providing for a $10,000.00 homestead exemption from all City of Sky Valley ad valorem taxes for residents of that city, so as to increase the amount of said homestead exemption.
Referred to Committee on Urban and County Affairs.

TUESDAY, MARCH 24, 1992

2409

HB 2123. By Representatives Smith of the 16th and McKelvey of the 15th: A bill to amend an Act providing for a homestead exemption from ad valorem taxes of the City of Rome independent school district 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 2132. By Representatives Coker of the 21st, Aiken of the 21st, Vaughan of the 20th and others: A bill to amend an Act creating the State Court of Cobb County, so as to provide the criminal procedures to be used in the state court.
Referred to Committee on Urban and County Affairs.
HB 2133. By Representatives Thomas of the 69th, Simpson of the 70th and Jones of the 71st: A bill to amend an Act establishing the State Court of Carroll County, so as to change the compensation of the solicitor.
Referred to Committee on Urban and County Affairs.
HB 2134. By Representatives Alford of the 57th, Irwin of the 57th, Henson of the 57th and others: A bill to amend an Act to impose certain requirements and limitations upon ad valorem taxes levied by DeKalb County to finance the provision of certain gov ernmental services, known as the "DeKalb County Special Services Tax Districts Act," so as to provide for certain limitations on the millage rate levied in certain municipalities.
Referred to Committee on Urban and County Affairs,
HB 2135. By Representative Edwards of the 112th: A bill to provide a new charter for the City of Ellaville.
Referred to Committee on Urban and County Affairs.
HB 2137. By Representative Streat of the 139th: A bill to amend an Act establishing the office of Commissioner of Roads and Revenues in the County of Coffee, so as to reapportion the commissioner districts.
Referred to Committee on Urban and County Affairs.
HB 2138. By Representative Streat of the 139th: A bill to amend an Act establishing a board of education of Coffee County, so as to reapportion the education districts.
Referred to Committee on Urban and County Affairs.
HB 2139. By Representative Birdsong of the 104th: A bill to amend an Act creating a Board of Commissioners of Twiggs County, so as to provide for the election of members of the board.
Referred to Committee on Urban and County Affairs.
HB 2140. By Representatives Flynt of the 75th and Herbert of the 76th: A bill to further define, prescribe, and enlarge the powers and duties of the Griffin-Spalding County Development Authority and further to regulate the manage ment and conduct.
Referred to Committee on Urban and County Affairs.

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JOURNAL OF THE SENATE

HB 2141. By Representatives Powell of the 13th and Clark of the 13th: A bill to create the Hart County Water and Sewer Utility Authority.
Referred to Committee on Urban and County Affairs.
HB 2142. By Representatives Moody of the 153rd and Byrd of the 153rd: A bill to provide a method of appointment for members of the Baxley Appling County Hospital Authority.
Referred to Committee on Urban and County Affairs.
HB 2143. By Representative Morsberger of the 62nd: A bill to amend an Act creating a new charter for the City of Lilburn, so as to change the corporate limits of the city.
Referred to Committee on Urban and County Affairs.
HB 2147. By Representatives Breedlove of the 60th, Jackson of the 9th, Lawson of the 9th and Orr of the 9th: A bill to amend an Act creating a new charter for the City of Buford, so as to change the corporate limits of the city.
Referred to Committee on Urban and County Affairs.
HB 2153. By Representatives Smyre of the 92nd, Buck of the 95th, Taylor of the 94th and others: A bill to amend an Act creating the Muscogee County School District, so as to provide for the composition of the Muscogee County Board of Education.
Referred to Committee on Urban and County Affairs.
HB 2154. By Representatives Cummings of the 17th and Murphy of the 18th: A bill to provide for homestead exemptions from Polk County ad valorem taxes for county purposes and from Polk County School District ad valorem taxes for educational purposes and to reduce bonded indebtedness for certain residents of that county and school district.
Referred to Committee on Urban and County Affairs.
HB 2155. By Representative Coleman of the 118th: A bill to amend an Act providing a new charter for the City of Eastman, so as to extend and increase the corporate limits of the City of Eastman.
Referred to Committee on Urban and County Affairs.
HB 2156. By Representative Hanner of the 131st: A bill to amend an Act entitled "An Act to increase the number of commissioners of roads and revenues for the county of Calhoun from three to five," so as to provide new commissioner districts.
Referred to Committee on Urban and County Affairs.
HB 2159. By Representatives Watson of the 114th and Walker of the 113th: A bill to amend an Act providing a new charter for the City of Warner Robins in Houston County, so as to provide for the inclusion of certain property within the corporate limits of said city.
Referred to Committee on Urban and County Affairs.

TUESDAY, MARCH 24, 1992

2411

HB 2160. By Representatives Coker of the 21st, Atkins of the 21st, Klein of the 21st and others: A bill to amend an Act creating the board of commissioners of Cobb County, so as to amend provisions relating to county purchases.
Referred to Committee on Urban and County Affairs.
HB 2161. By Representatives Dixon of the 128th, Hamilton of the 124th, Kingston of the 125th and others: A bill to amend an Act creating a new charter for the City of Garden City, so as to extend the present corporate limits of said municipality and annex and incor porate certain additional land to said municipality.
Referred to Committee on Urban and County Affairs.
HB 2162. By Representatives Dixon of the 128th, Hamilton of the 124th, Kingston of the 125th and others: A bill to amend an Act creating a new charter for the City of Garden City, so as to increase the limit of the authority of the recorder's court to impose fines for contempt from $50.00 to $500.00.
Referred to Committee on Urban and County Affairs.
The President announced that the Senate would stand in recess from 5:15 o'clock P.M. until 7:00 o'clock P.M.
At 7:00 o'clock P.M., Senator Deal of the 49th, President Pro Tempore, called the Sen ate to order.
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has agreed to the Senate amendment, to the House substitute, to the follow ing bill of the Senate:
SB 680. By Senators Steinberg of the 42nd, Shumake of the 39th, Johnson of the 47th 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, 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 following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage:
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.
Senate Sponsor: Senator Gillis of the 20th.

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JOURNAL OF THE SENATE

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 Jimmy Lord

State Representative

FROM:

G. H. Hogan, State Auditor

DATE:

January 23, 1991

SUBJECT: House Bill 501 (LC 21 0881) Sheriffs' Retirement Fund

This bill would allow members of the Sheriffs' Retirement Fund who were appointed to fill an anticipated vacancy in the office of sheriff to obtain prior service credit for such service. The member would have to apply for prior service credit by August 31, 1992 or within the first 60 days of any new term of office and make certain payments for the prior service credit claimed.

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

Senator Tate of the 38th offered the following substitute to HB 501:

A BILL
To be entitled an Act 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 appointed to fill an anticipated vacancy in the office of sheriff shall be eligible for service credit for such service; to provide for application; to provide for tender of certain sums; to provide for the use of such service for eligibility for benefits; to provide for related matters; 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. 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, is amended by inserting at the end thereof a new Code Section 47-16-84 to read as follows:
"47-16-84. (a) Anything in this chapter to the contrary notwithstanding, any member who, prior to becoming a member, was appointed to fill an anticipated vacancy in the office of sheriff and who served in that capacity shall be eligible for and, upon application, shall receive service credit for such service.
(b) Any such member shall give written notice to the secretary-treasurer of his claim for credit for such service, together with an amendment to his application for membership, in such form as may be approved by the board. The amendment shall list all such periods of service for which he intends to claim credit as a basis for his future retirement. The notice and amendment shall be filed prior to August 31, 1992, or within the first 30 days of any new term of office of such member.
(c) At the time such member gives written notification to the secretary-treasurer, such member must also tender payment of all amounts due under paragraph (5) of Code Section 47-16-40 for the service listed in the amendment to his application for membership, together

TUESDAY, MARCH 24, 1992

2413

with interest on such amounts at 8 percent per annum from the date of acceptance of his original membership.
(d) Service credit granted pursuant to this Code section shall be deemed to be service as a qualified and commissioned sheriif of a county in the State of Georgia for purposes of eligibility for retirement benefits provided in Code Section 47-16-100; provided, however, that for purposes of such Code section, such service shall be deemed performed after July 1, 1988."
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, 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 12, 1992

SUBJECT: House Bill 501 (LC 21 1575S) Sheriffs' Retirement Fund

This bill would allow members of the Sheriffs' Retirement Fund who were appointed to fill an anticipated vacancy in the office of sheriff to obtain service credit for such service. The member would have to apply for the service credit by August 31, 1992 or within the first 30 days of any new term of office and make certain payments for the prior service credit claimed.

This is to certify that the changes made in this substitute bill (clarifying that the addi tional service credit obtained towards retirement would be for service after July 1, 1988 and reducing the application period from 60 to 30 days), are nonfiscal amendments as defined in the Public Retirement Systems Standards Law. The actuarial investigation for LC 21 0881 would also apply to this version of House Bill 501 (LC 21 1575S).

/s/ G. W. Hogan State Auditor

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

Senator Deal of the 49th, President Pro Tempore, who was presiding, announced that, pursuant to Senate Rule 143, consideration of HB 501 would be suspended and placed on the Senate General Calendar.

The following bill of the Senate, having been taken up previously today and action

2414

JOURNAL OF THE SENATE

postponed subject to the printing of the House substitute, was continued upon its consideration:

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.

On the adoption of the motion offered by Senator Walker of the 22nd, Senator Deal of the 49th, President Pro Tempore, who was presiding, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Baldwin Bishop Bowen Brown of 26th
^.urton
rCoileLmTMan Collins Dean Echols Egan English Foster

Garner Gillis Hammill Harris Hasty
Henson
Hil1 Huggms Kidd Marable Moye Newbill Perdue

Pollard Ragan of 32nd Ramsey Ray Robinson
Scott
Starr Tate Taylor Timmons Tysinger Walker of 22nd White

Voting in the negative was Senator Dawkins.

Those not voting were Senators:

Alien (excused) Broun of 46th Deal (presiding) Edge Hooks

Johnson Langford Perry Phillips Ragan of 10th

Shumake Steinberg Thompson Turner Walker of 43rd

On the adoption of the motion offered by Senator Walker of the 22nd, the yeas were 40, nays 1; the motion prevailed, and the Senate agreed to the House substitute to SB 677.

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

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.

Senator Walker of the 43rd moved that the Senate insist upon the Senate amendment to HB 1657.

TUESDAY, MARCH 24, 1992

2415

On the motion, the yeas were 31, nays 0; the motion prevailed, and the Senate insisted upon the Senate amendment to HB 1657.

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

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.
Senate Sponsors: Senators Kidd of the 25th and Garner of the 30th.

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

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

Those voting in the affirmative were Senators:

Albert Baldwin Bishop Bowen Broun of 46th Brown of 26th Burton Clay Coleman Collins Dawkins Dean Echols Egan English

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

Ragan of 32nd Ramsey Ray Robinson Scott Starr Steinberg Tate Taylor Timmons Turner Tysinger Walker of 22nd Walker of 43rd White

Those not voting were Senators:

Alien (excused) Deal (presiding) Edge Garner

Hooks Johnson Langford Phillips

Ragan of 10th Shumake Thompson

On the passage of the bill, the yeas were 45, nays 0.

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

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.
Senate Sponsor: Senator Tate of the 38th.

2416

JOURNAL OF THE SENATE

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 551 (Substitute) (LC 21 1242S) District Attorneys Retirement Fund

This bill would allow any married district attorneys emeritus receiving an emeritus sal ary on July 1, 1992 who was married for at least one year and whose spouse is not otherwise eligible for spouses' benefits the option to reduce their emeritus salary by 10 percent and establish a surviving spouse's benefit equal to one-half of the reduced emeritus salary. The spouse's benefit would be paid to the surviving spouse in equal monthly installments for life or until the surviving spouse remarried.

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 551 (LC 21 1242S) District Attorneys Retirement Fund of Georgia

This bill would allow any married district attorneys emeritus receiving an emeritus sal ary on July 1, 1992 who was married for at least one year and whose spouse is not otherwise eligible for spouses' benefits the option to reduce their emeritus salary by 10 percent and establish a surviving spouse's benefit equal to one-half of the reduced emeritus salary. The spouse's benefit would be paid to the surviving spouse in equal monthly installments for life or until the surviving spouse remarried.

The District Attorneys' Retirement Fund is closed to new members and consists of two active and eleven retired members. The State makes no employer contributions for active members but rather appropriates funds to pay the benefits of retirees after they have first received a return of their individual employee contributions. While the fund does not have an actuary, the administrator of the Fund (The Department of Administrative Services) developed the following relevant findings for this bill pursuant to a request by the House

TUESDAY, MARCH 24, 1992

2417

Retirement Committee. The figures are based on employee data and the most recent actua rial assumptions and methods.

Based on the current benefits of six married retirees the maximum cost of benefits to the state for all six surviving spouses would be $43,727.20 per year. This cost estimate as sumes that all members become deceased at the time of electing this option and that no
employee contributions are made.

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

Department of Administrative Services Fiscal Division
200 Piedmont Avenue, Suite 1516, West Tower Atlanta, Georgia 30334-5527 (404) 656-2168
October 29, 1991
Mr. G. W. Hogan State Auditor Suite 214 254 Washington Street Atlanta, Georgia 30334
Re: House Bill 551 / LC 21 1242S
Dear Mr. Hogan:
The above captioned bill offers spouses benefits for the first time to those members of the District Attorneys Retirement Fund of Georgia (Emeritus) who were originally excluded when this benefit was initially enacted in 1980. While all married active members were re quired to purchase spouses benefit at that time, these members were excluded by virtue of being retired. Now, by accepting a 10% reduction in their current benefit, this bill would enable a member to entitle his/her surviving spouse to a benefit equal to one-half of his reduced amount in the event of the member's death.
Since no statistical information exists for the spouses not currently covered, only the following summary data is available based on the actual benefits payable for the month of October 1991:
Seven of the eleven current retirees have not previously been eligible to purchase spouses benefits.
Six of the seven would appear to be married based on family Health Insurance coverage.
The monthly benefit for these six individuals averages $1,349.60 (range is from $1,609.35 to $1,271.88).
If all six so elected, they would contribute $9,717.16 annually.
If all six were to become deceased at the time of election of this option, the maximum cost of benefits to the state for all six surviving spouses would be $43,727.20 per year assum ing no employee contributions.
The above benefits are fixed as this plan contains no cost of living adjustment provi sion. This plan has been closed to new members for some time. Currently, there are two active members.

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JOURNAL OF THE SENATE

Please contact me should you have any questions.
Sincerely,
/a/ Ben Jones, Jr. Investment Officer
The report of the committee, which was favorable to the passage of the bill, was agreed to.

On 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 Coleman Collins Dawkins Dean Echols Edge English Foster

Garner Gillis Hammill Harris Hasty Henson Hill Hooks Huggins Kidd Marable Moye Perdue Perry Phillips

Pollard Ragan of 10th Ramsey Ray Scott Shumake Starr Steinberg Tate Taylor Timmons Tysinger Walker of 22nd Walker of 43rd White

Those voting in the negative were Senators:

Newbill

Ragan of 32nd

Thompson

Those not voting were Senators:

Alien (excused) Clay Deal (presiding)

Egan Johnson Langford

Shumake Turner

On the passage of the bill, the yeas were 45, nays 3.

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 substitute thereto:

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.
The House substitute to SB 793 was as follows:
A BILL To be entitled an Act to amend Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, so as to provide that in certain

TUESDAY, MARCH 24, 1992

2419

counties having different municipal and county property assessments, the state revenue commissioner may designate which assessment shall be used for purposes of calculating mu nicipal ad valorem taxes; to change the population figure designating the counties to which Code Section 48-5-354 is applicable; to provide for the automatic repeal of a section of this Act; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, is amended by striking in its entirety the second sentence of Code Section 48-5-353, relating to the basis for fair market value of property subject to both municipal and county taxation, which reads as follows:
"Where there are existing municipal and county assessments for any municipality with 17,000 or more persons, according to the United States decennial census of 1970 or any future such census, located wholly within counties having populations of not less than 350,000 nor more than 500,000, according to the United States decennial census of 1970 or any future such census, the commissioner may designate which of the two assessments shall be used for each parcel of property or class of property.",
and inserting in lieu thereof the following:
"Where there are existing municipal and county assessments for any municipality with 17,000 or more persons according to the United States decennial census of 1990 or any fu ture such census located wholly within counties having populations of not less than 500,000 nor more than 600,000 according to the Unites States decennial census of 1990 or any future such census, the commissioner may designate which of the two assessments shall be used for each parcel of property or class of property."
Section 2. Said chapter is further amended by striking in its entirety subsection (b) of Code Section 48-5-354, relating to the exemption of certain salesmen and merchants from municipal taxes and license fees, and inserting in lieu thereof the following:
"(b) This Code section shall not apply within counties having a population over 600,000 600,000, according to the United States decennial census of 1060 1990 or any future such census."
Section 3. Section 1 of this Act shall be repealed automatically on December 31, 1993.
Section 4. All laws and parts of laws in conflict with this Act are repealed.

Senator Tysinger of the 41st moved that the Senate agree to the House substitute to SB 793.

On the motion, 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 Coleman Collins Dawkins Dean 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

2420

JOURNAL OF THE SENATE

Thompson Timmons

Tysinger Walker of 43rd

White

Those not voting were Senators:

Alien (excused) Clay Deal (presiding)

Gillis Langford Shumake

Taylor Turner 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 793.

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

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.

Senator Pollard of the 24th moved that the Senate adhere to the Senate amendment to HB 1666, and that a Conference Committee by appointed.

On the motion, the yeas were 39, nays 0; the motion prevailed, and the Senate adhered to the Senate amendment to HB 1666.

The President appointed as a Conference Committee on the part of the Senate the following:
Senators Robinson of the 16th, Tysinger of the 41st and Pollard of the 24th.

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 amendments, and has appointed a Committee of Conference to confer with a like committee on the part of the Senate on the following bill of the House:

HB 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.

The Speaker has appointed on the part of the House, Representatives Herbert of the 76th, Kilgore of the 42nd and Hamilton of the 124th.

TUESDAY, MARCH 24, 1992

2421

The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage:
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. Senate Sponsor: Senator Garner of the 30th.
The Senate Committee on Governmental Operations offered the following amendment:
Amend HB 1290 by striking from line 17 of page 2 the following: "an existing", and inserting in lieu thereof the following: "a".
On the adoption of the amendment, the yeas were 41, nays 0, and the amendment was adopted.
Senators Garner of the 30th and Langford of the 35th offered the following amendment:
Amend HB 1290 by adding in the title on line 6 of page 1 between the first semicolon and the word "to" the following:
"to provide an exception;". By deleting the quotation marks at the end of line 33 on page 14. By adding below line 33 on page 14 the following: "(k) Notwithstanding any other provisions of this Code section, a person who engages in roofing contracting in which the contract price of the work on any roofing project does not exceed $500.00 shall not be required to comply with the licensing requirements of this Code section and chapter.' "
On the adoption of the amendment, the yeas were 37, nays 0, and the amendment was adopted.
Senator Garner of the 30th offered the following amendment:
Amend HB 1290 by adding on line 19 of page 2 between the word "new" and the word "residential" the following:
"single-family or multifamily".
On the adoption of the amendment, the yeas were 36, nays 0, and the amendment was adopted.
Senators Garner of the 30th and Langford of the 35th offered the following amendment:
Amend HB 1290 by adding at the end of line 20 of page 17 the following: "This chapter shall not apply to any roofing or roofing contracting which is performed 'not for profit.'"

2422

JOURNAL OF THE SENATE

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

The report of the committee, which was favorable to the passage of the bill as amended, was agreed to 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 Broun of 46th Brown of 26th Burton CDoawlekminans
Foster Garner Hammill

Harris Henson Hill Hooks iK^l-djdj
Langford
Mye
Newbill Ragan of 32nd

Ramsey Scott Starr Steinberg rTr. at*e
Thompson
Tysinger
Walker of 22nd Walker of 43rd

Those voting in the negative were Senators:

Albert Bowen Clay CtD-voelalnins Echols
Egan
English

Gillis Hasty Huggins JMo harnasbioline Perdue
Perry
Phillips

Pollard Ragan of 10th Ray DRob, i.nson
Taylor
Timmons
White

Those not voting were Senators:

Alien (excused) Bishop

Deal (presiding) Shumake

Turner

On the passage of the bill, the yeas were 28, nays 23.

The bill, having failed to receive the requisite constitutional majority, was lost.

Senator Garner of the 30th gave notice that, at the proper time he would move that the Senate reconsider its action in defeating HB 1290.

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

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 Tysinger of the 41st moved that the Senate adhere to its disagreement to the House substitute to SB 10, and that a Conference Committee be appointed.

TUESDAY, MARCH 24, 1992

2423

On the motion, the yeas were 42, nays 0; the motion prevailed, and the Senate adhered to its disagreement to the House substitute to SB 10.
The President appointed as a Conference Committee on the part of the Senate the following:
Senators Broun of the 46th, Tysinger of the 41st and Baldwin of the 29th.
The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:
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.
The House substitute to SB 488 was as follows:
A BILL
To be entitled an Act 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 re warding group productivity; to provide for development and implementation of the program by the State Board of Education; to provide for proposals by local schools; to provide for evaluation of proposals and granting of awards; to provide for budgetary proposals; to pro vide for a program of pay-for-performance awards, subject to certain conditions; 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. 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 Edu cation Act," is amended by adding immediately after Code Section 20-2-213, a new Code Section 20-2-213.1 to read as follows:
"20-2-213.1. (1) The State Board of Education is authorized and directed to develop and implement a pay-for-performance program for rewarding group productivity. By De cember 31, 1992, and each December 31 thereafter, the State Board of Education shall de velop performance criteria which may be used in part to measure and evaluate student achievement and other outcomes of education at the school level. Such criteria shall reflect the six national goals for education which have been adopted under Georgia 2000. Such criteria shall also reflect school level improvement on identified performance criteria, such as the numbers of remedial, SIA, and Chapter I students that achieved grade level performance.
(2) The state board shall create guidelines for the approval of local school proposals submitted through the local board of education under this program. The performance evalu ation system shall be designed to determine the level of improvement achieved by the school based upon those criteria adopted and approved for the school proposal by the school build ing administration, faculty, staff, and school community. Local schools which choose to ap ply for pay-for-performance awards for group productivity shall submit proposals through the Local Board of Education to the State Board of Education. Such proposals shall be

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submitted annually and shall identify the state-wide performance criteria among other lo cally determined educational outcomes which will be emphasized by the local school for the determination of award eligibility.
(3) The state board shall advise each local board of education as to whether the submit ted proposal by each school applicant meets the guidelines for approval and, consequently, whether the proposal as submitted is eligible for award consideration. Local schools shall be allowed to modify their initial proposals in order to meet the guidelines.
(4) Local school boards shall be informed by the state board of whether or not each school proposal has been approved no later than May 1 of the school year preceding the one for which the proposal was created.
(5) The State Board of Education shall evaluate the performance of all schools submit ting proposals through the local board of education for a given school year during the sum mer following that school year, according to the terms of the local school proposal as ap proved by the state board. The state board shall appoint an advisory evaluation team from outside the Department of Education to uniformly apply the criteria for evaluating the local school proposals, and those schools which are deemed eligible for an award shall be notified no later than September 1 of the school year after the one for which the performance judged exemplary occurred. Awards shall be made by the State Board of Education to each school board for successful school projects no later than December 1 of the school year after the one for which the performance judged exemplary occurred. The amount of the awards shall be distributed by the State Board of Education according to the number of successful school projects and the level of funding provided by the General Assembly. Each school shall be evaluated against the achievements of goals that school identified in the accepted proposal. No school will be compared to other schools.
(6) The state board shall specify guidelines to ensure the representation of all affected school level constituencies in the award distribution process. These guidelines will ensure that the proceeds may be given to faculty members, building administration, and staff as identified in the proposal in the form of bonuses or may be spent for the purpose of provid ing school employee sabbaticals, for instructional or other equipment, for staff development, or for any other expenditure deemed appropriate by the school building administration, faculty, and staff who were identified within the proposal.
(7) The State Board of Education shall submit a proposal for funding this pay-forperformance program for rewarding group productivity each year with its budget request. Awards made under this program are subject to appropriation by the General Assembly."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.
Senator Dawkins of the 45th moved that the Senate disagree to the House substitute to SB 488.
On the motion, the yeas were 33, nays 0; the motion prevailed, and the Senate disagreed to the House substitute to SB 488.
The following local bill of the Senate was taken up for the purpose of considering the House substitute thereto:
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

TUESDAY, MARCH 24, 1992

2425

States Attorney General for certain approval; to provide for automatic repeal of this Act under certain circumstances.
The House substitute to SB 820 was as follows:
A BILL
To be entitled an Act to amend an Act completely revising the laws relative to the governing authority of Chatham County, approved March 29, 1984 (Ga. L. 1984, p. 5050), as amended, so as to change the composition of the commissioner districts; to provide for cer tain 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 auto matic repeal of this Act under certain circumstances; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act completely revising the laws relative to the governing authority of Chatham County, approved March 29, 1984 (Ga. L. 1984, p. 5050), as amended, is amended by striking Section 3 and inserting in its place a new Section 3 to read as follows:
"Section 3. Commissioner Districts, (a) For the purpose of electing members of the board of commissioners, Chatham County is divided into eight commissioner districts as follows:
Commissioner District: 1
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 (Part) Tract: 0042.02 Block(s): 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 601, 602, 603, 604, 605, 606, 607, 608, 701, 702, 703, 704, 705, 706, 707, 708, 709, 710, 711, 712, 713 VTD: 0011 1-11 VTD: 0013-13 (Part) Tract: 0102. Block(s): 303, 304, 305, 306, 307, 315, 316 VTD: 0044 4-11 VTD: 0045 4-12 VTD: 0056 6-1
Commissioner District: 2
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: 0022 2-9 VTD: 0026 3-3

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VTD: 0027 3-4 (Part) Tract: 0036.02 Block(s): 101B, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 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
VTD: 0028 3-5 (Part) Tract: 0036.02 Block(s): 401, 406, 409, 410, 419, 420, 421, 433
VTD: 0034 4-1 (Part) Tract: 0036.01 Block(s): 101, 102A, 104, 105, 106, 107, 110, 111, 112, 113, 114, 117, 118, 119, 306B, 401A Block(s): That part of Block 401B which lies west of Moorings Drive and Moor ings Drive extended to a tributary of the Wilmington River Block(s): 402, 404A 404B, 405, 406, 407, 408, 409 Tract: 0101.01 Block(s): 314A, 318A, 321A, 329A
Commissioner District: 3
CHATHAM COUNTY VTD: 0012 1-12 VTD: 0013 1-13 (Part) Tract: 0102. Block(s): 101, 102, 103, 118, 119, 120, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 301, 302, 308, 309, 310, 311, 312D, 314 VTD: 0024 3-1 (Part) Tract: 0008. 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, 129, 130, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 218, 219, 225, 227, 228, 229, 231, 232, 233 Tract: 0013. Block(s): 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116 VTD: 0025 3-2 (Part) Tract: 0003. Block(s): 101B, 102, 103, 104, 105, 106, 115, 116, 117, 118, 119, 120, 122, 123, 124, 125, 126, 130, 131, 132, 137, 140, 141, 142, 151, 153, 157, 158, 159, 160, 163, 164, 165, 166, 170, 171, 172, 173, 174, 175, 176, 188, 189, 190, 191, 192, 193, 201, 203, 204, 205, 206, 207. 208, 209, 210, 211, 212, 213, 222, 225, 240, 241, 244, 301B Tract: 0009. Block(s): 101, 102, 103, 104, 105, 106, 107, 110, 111, 112, 113, 114, 115, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128 129, 130, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 218, 219, 222, 223, 224, 225, 228, 229, 230, 231, 232 Tract: 0101.01 Block(s): 201, 202, 203B, 204, 205, 304A, 304B, 305A, 305B, 306, 307, 308, 309, 310, 311, 312, 313, 328 Tract: 0106.05 Block(s): 105, 106A, 106B, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116 VTD: 0027 3-4 (Part) Tract: 0022. 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, 325, 326, 327, 328 Tract: 0037. Block(s): 114, 115, 116, 117, 121, 122, 123, 124, 125, 126, 127 VTD: 0028 3-5 (Part) Tract: 0036.02 Block(s): 101C, 230, 231, 232, 233, 234, 235, 236, 301, 302, 303, 304, 305, 306, 307,

TUESDAY, MARCH 24, 1992

2427

308, 309, 310, 311, 312A, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 402, 403, 404, 405, 407, 408, 411, 412, 413, 414, 415, 416, 417, 418, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 501A, 501B, 502, 503, 504A, 504B, 505A, 505B VTD: 0029 3-6 VTD: 0030 3-7 VTD: 0031 3-8 VTD: 0032 3-9 VTD: 0033 3-10 VTD: 0034 4-1 (Part) Tract: 0036.01 Block(s): 102B Block(s): That part of block 401B which lies east of Moorings Drive and Moor ings Drive extended to a tributary of the Wilmington River Block(s): 403 Tract: 0036.02 Block(s): 101D, 312B Tract: 0101.01 Block(s): 301, 302, 303, 314B, 314C, 315, 316, 317, 318B, 319, 320, 321B, 321C, 321D, 322, 329B VTD: 0035 4-2 VTD: 0043 4-10 (Part) Tract: 0038. Block(s): 204B, 307B, 312B, 313B Tract: 0039. Block(s): 201B, 202B Tract: 0101.02 Block(s): 315B, 402, 403B, 404, 407, 408, 409, 410, 411, 412, 413
Commissioner District: 4
CHATHAM COUNTY VTD: 0036 4-3 VTD: 0037 4-4 VTD: 0038 4-5 VTD: 0039 4-6 VTD: 0041 4-8 VTD: 0042 4-9 VTD: 0043 4-10 (Part) Tract: 0110.02 Block(s): 103 Tract: 0110.04 Block(s): 101A, 101B, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 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
Commissioner District: 5
CHATHAM COUNTY VTD: 0049 5-4 VTD: 0050 5-5 VTD: 0051 5-6 VTD: 0052 5-7 (Part) Tract: 0045. Block(s): 202, 205, 207, 208, 209, 210, 214A, 214B, 214C, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 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,

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329, 330, 401B, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413A, 413B, 414A, 414B VTD: 0053 5-8 VTD: 0054 5-9 VTD: 0055 5-10 VTD: 0061 6-6 VTD: 0062 6-7 (Part) Tract: 0109.01 Block(s): That part of Block 101 which lies north of Tibet Avenue extended to its intersection with Hunter Army Airfield VTD: 0074 7-10 VTD: 0086 5-11
Commissioner District: 6
CHATHAM COUNTY VTD: 0010 1-10 (Part) Tract: 0042.02 Block(s): 801 VTD: 0057 6-2 VTD: 0059 6-4 VTD: 0060 6-5 VTD: 0062 6-7 (Part) Tract: 0042.03 Block(s): 301, 302, 303, 304, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 413, 415, 416, 419, 420, 421, 422 Tract: 0042.05 Block(s): 403A, 501, 507 Tract: 0109.01 Block(s): That part of Block 101 which lies south of Tibet Avenue extended to its intersection with Hunter Army Airfield Block(s): 102, 103, 104, 201, 202, 203, 204, 301, 302, 303, 304 VTD: 0063 6-8 VTD: 0064 6-9 VTD: 0072 7-8 (Part) Tract: 0108.98 Block(s): That part of Block 233 which lies southeast of Bush Road extended to its intersection with the Ogeechee River Block(s): 241, 242, 243
Commissioner District: 7
CHATHAM COUNTY VTD: 0065 7-1 VTD: 0066 7-2 VTD: 0067 7-3 VTD: 0068 7-4 VTD: 0069 7-5 VTD: 0070 7-6 VTD: 0071 7-7 VTD: 0072 7-8 (Part) Tract: 0108.04 Block(s): 101B, 101E Tract: 0108.97 Block(s): 108A, 109, 111, 112, 113, 114, 115, 116, 117, 118, 120, 121, 122, 123, 124, 125, 126A, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 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, 246, 247, 248,

TUESDAY, MARCH 24, 1992

2429

249A, 250A, 251B, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265, 266, 267, 268, 269, 270, 271, 272, 273, 274, 275A, 275B, 276, 277, 278B, 280, 281, 282, 283, 284A, 284B Tract: 0108.98 Block(s): 105A, 105B, 106A, 106B, 107, 108B, 109, 110, 111, 112, 113, 114A, 114B, 115, 116, 117A, 117B, 118, 119, 120, 121, 122, 123, 124, 125, 126, 139, 142, 143, 144, 145, 149, 150, 201B, 202B, 203B, 204B, 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 Block(s): That part of Block 233 which lies northwest of Bush Road extended to its intersection with the Ogeechee River Block(s): 234, 235, 236, 237, 238, 244, 245, 246, 247, 248, 249 VTD: 0073 7-9
Commissioner District: 8
CHATHAM COUNTY VTD: 0024 3-1 (Part) Tract: 0003. Block(s): 101A, 107, 108, 109, 110, 111, 112, 113, 114, 121, 127, 128, 129, 133, 134, 135, 136, 138, 139, 143, 144, 145, 146, 147, 148, 149, 150, 152, 154, 155, 156, 161, 162, 167, 168, 169, 177, 178, 179, 180, 181, 182, 183, 184, 185, 186, 187, 194, 195, 196, 197, 202, 226, 227, 230, 237, 245 VTD: 0046 5-1 VTD: 0047 5-2 VTD: 0052 5-7 (Part) Tract: 0012. Block(s): 112 Tract: 0033.02 Block(s): 201, 206, 207 Tract: 0045. Block(s): 101A, 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, 134A, 134B, 134C, 201, 203, 204, 206A, 206B, 211, 212, 213, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 401A VTD: 0075 7-11 VTD: 0076 8-1 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
(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

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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 Chatham County which is not included in any commissioner district described 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 cen sus of 1990 for the State of Georgia; and
(5) Any part of Chatham 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.
(c) Commissioner Districts 1, 2, 3, 4, 5, 6, 7, and 8 as they existed on January 1, 1992, shall continue to be designated as Commissioner Districts 1, 2, 3, 4, 5, 6, 7, and 8, respec tively, but as newly described under this section on and after the date this subsection be comes effective in 1992, and members of the board serving from those former commissioner districts shall be deemed to be serving from and representing their respective districts as newly described under this section."
Section 2. Said Act is further amended by striking Section 4 and inserting in its place a new Section 4 to read as follows:
"Section 4. (a) The chairman and members of the board of commissioners in office on January 1, 1992, shall serve out the remainder of the terms to which they were elected, such terms expiring on December 31, 1992. At the general election in 1992 and every four years thereafter, the chairman and members of the board of commissioners shall be elected pursu ant to this Act and shall serve for terms of four years and until their successors are elected and qualified and shall take office on January 1 immediately following their election.
(b) All primaries and elections under this Act shall be held in accordance with Chapter 2 of Title 21 of the O.C.G.A., the 'Georgia Election Code.' "
Section 3. Pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended, it shall be the duty of the county attorney of Chatham 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 Coleman of the 1st moved that the Senate agree to the House substitute to SB 820.
On the motion, the yeas were 31, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 820.
The following general bills of the House, favorably reported by the committees, were read the third time and put upon their passage:
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.
Senate Sponsor: Senator Hammill of the 3rd.
The report of the committee, which was favorable to the passage of the bill, was agreed
to.

TUESDAY, MARCH 24, 1992

2431

On 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 Coleman Collins Dawkins Dean Echols Edge

Egan English Foster Gillis Harris Hasty Hill Huggins Johnson Kidd Marable Newbill Perry

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

Those not voting were Senators:

Alien (excused)
Clay DG.-, eaarnl e(rpresiding) Hammill Henson

Hooks
Langford MPT^eorydjeue Phillips Ray

Shumake Steinberg
J- nompson
Turner 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.

HB 143. By Representative Watson of the 114th:
A bill to amend Chapter 15 of Title 43 of the Official Code of Georgia Annotated, relating to professional engineers and land surveyors, so as to change the defini tion of certain terms.
Senate Sponsor: Senator Tysinger of the 41st.

The Senate Committee on Insurance and Labor offered the following substitute to HB 143:

A BILL
To be entitled an Act to amend Chapter 15 of Title 43 of the Official Code of Georgia Annotated, relating to professional engineers and land surveyors, so as to change the defini tion of the term "land surveyor"; to change the provisions relating to eligibility for a land surveyor-in-training certificate; to change certain references; to change the provisions relat ing to eligibility for a land surveyor certificate of registration; to change the provisions relat ing to the reissuance of certificates and certificates of registration by the State Board of Registration for Professional Engineers and Land Surveyors; to change the provisions relat ing to the registrant's affixing of his or her seal in connection with engineering or land sur veying work reflected in certain plans, specifications, plats, or reports; to change certain provisions relating to fraud or misconduct in the practice of professional engineering or land surveying; to provide that every firm, partnership, corporation, or other entity which per forms or offers to perform surveying services shall have a resident registered land surveyor in responsible charge in each separate branch office in which surveying services are per formed or offered to be performed; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 15 of Title 43 of the Official Code of Georgia Annotated, relating to professional engineers and land surveyors, is amended by striking in its entirety paragraph (7) of Code Section 43-15-2, relating to definitions used in said chapter, and inserting in lieu thereof a new paragraph (7) to read as follows:
"(7) 'Land surveyor' means an individual who is qualified to engage in the practice of land surveying and who possesses a current certificate of registration as a land surveyor issued by the board. A person shall be construed to practice or offer to practice land survey ing within the meaning of this chapter who by verbal claim, sign, advertisement, letterhead, cards, or in any other way represents or holds himself or herself out as able or qualified to perform or who does perform any of the services defined as land surveying?1
Section 2. Said chapter is further amended by striking in its entirety Code Section 4315-12, relating to eligibility for a land surveyor-in-training certificate, and inserting in lieu thereof a new Code Section 43-15-12 to read as follows:
"43-15-12. To be eligible for certification as a land surveyor-in-training, an applicant must meet the following minimum requirements:
(1) (A) Earn a bachelor's degree in a curriculum approved by the board in which the applicant haa acquired a minimum of 16 quarter hours' credit, or ita equivalent, in land surveying subjects or aubscqucnt to which the applicant has acquired a minimum of 16 quarter hours' credit, of its equivalent, in land surveying aubjcets in a course of study ap proved by the board; or
(B) Earn an associate degree, or its equivalent, in a curriculum approved by the board in which the applicant has acquired a minimum of 16 quarter hours' credit, or its equivalent, in land surveying subjects or subsequent to which the applicant has acquired a minimum of 16 quarter hours' credit, or its equivalent, in land surveying subjects in a course of atudy approved by the board and has acquired acquire not less than two years of com bined office and field experience in land surveying of a nature satisfactory to the board; or
(C) Earn a high school diploma, or its equivalent and, in addition, complete courses of study nccc33ary for land surveying of an amount and character satisfactory to the board and acquire not less than four years' experience in land surveying of a nature satisfactory to the board; and
(2) Acquire a minimum of 15 quarter hours' credit, or its equivalent, in land surveying subjects in a course of study approved by the board; provided, however, that on and after January 1, 1995, the minimum requirement shall be 20 quarter hours' credit, five of which shall be in hydrology; ami
{2} (3) Subsequently pass the board's written examination in the fundamentals of land surveying (land surveyor-in-training examination)."
Section 3. Said chapter is further amended by striking in its entirety Code Section 4315-13, relating to eligibility for a land surveyor certificate of registration, and inserting in lieu thereof a new Code Section 43-15-13 to read as follows:
"43-15-13. To be eligible for a certificate of registration as a land surveyor, an applicant must meet the following minimum requirements:
(1) (A) Obtain certification as a land surveyor-in-training under subparagraph (1) (A) and paragraph (2) (3) of Code Section 43-15-12;
(B) Acquire a specific record of the equivalent of not less than four years of combined office and field experience in land surveying with a minimum of three years' experience in responsible charge of land surveying projects under the supervision of a registered land sur veyor or such other supervision deemed by the board to be the equivalent thereof; and
(C) Subsequently pass a written examination on the principles and practices of land

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2433

surveying and the laws of this state relating to land surveying (land surveyor examination); or
(2) (A) Obtain certification as a land surveyor-in-training under subparagraph (1) (B) and paragraph i& (3) of Code Section 43-15-12;
(B) Acquire an additional specific record of the equivalent of not less than four years of combined office and field experience in land surveying which, together with the qualifying experience under subparagraph (1) (B) of Code Section 43-15-12, includes not less than four years' experience in responsible charge of land surveying projects under the supervision of a registered land surveyor or such other supervision deemed by the board to be the equivalent thereof; and
(C) Subsequently pass a written examination on the principles and practices of land surveying and the laws of Georgia relating to land surveying (land surveyor examination); or
(3) (A) Obtain certification as a land surveyor-in-training under subparagraph (1) (C) and paragraph (3) (3) of Code Section 43-15-12;
(B) Acquire an additional specific record of not less than four years of experience in land surveying which, together with the qualifying experience under subparagraph (1) (C) of Code Section 43-15-12, includes not less than six years' experience in responsible charge of land surveying under the supervision of a registered land surveyor or such other supervision deemed by the board to be the equivalent thereof and of a grade and character satisfactory to the board indicating that the applicant is competent to practice land surveying; and
(C) Subsequently pass a written examination on the principles and practices of land surveying and laws of this state relating to land surveying (land surveyor examination)."
Section 4. Said chapter is further amended by striking in its entirety subsection (a) of Code Section 43-15-20, relating to the reissuance of certificates and certificates of registra tion, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) The board, in its sole discretion, may reissue a certificate or a certificate of regis tration to any person whose certificate or certificate of registration has been revoked or may terminate any suspension imposed by it upon the affirmative vote of three or-tnefe a major ity of the members of the board and upon the payment of a fee prescribed by the board."
Section 5. Said chapter is further amended by striking in its entirety Code Section 4315-22, relating to the requirement that a registered engineer and land surveyor obtain a seal and the use of such seal, and inserting in lieu thereof a new Code Section 43-15-22 to read as follows:
"43-15-22. (a) Every engineer and land surveyor registered under this chapter shall, upon receipt of a certificate of registration, obtain a seal of the design authorized by the board, bearing the registrant's name, certificate number, and the legend 'Registered Profes sional Engineer,' or 'Registered Land Surveyor,' in accordance with the certificate of registration.
(b) Plans, specifications, plats, and reports issued by a registrant shall be stamped or sealed and countersigned by the registrant; but it shall be unlawful for the registrant or any other person to stamp or seal any document with such seal after the certificate of the regis trant named thereon has expired, or has been revoked, or during the period of any suspen sion imposed by the board. No plans, specifications, plats, or reports shall be stamped with the seal of a registrant unless such registrant has personally performed the engineering or land surveying work involved or, when the registrant has not personally performed the engi neering or land surveying work reflected in any plan, specification, plat, or report, such reg istrant has affixed his or her seal thereto only after he haa reviewed the work embodied in such plan, apccification, plat, or report and haa satisfied himself completely that such work ia accurate if such document has been prepared by an employee or employees under the registrant's direct supervisory control on a daily basis and after the registrant has thor oughly reviewed the work embodied in such document and has satisfied himself or herself completely that such work is adequate'

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JOURNAL OF THE SENATE

(c) No registrant shall affix his seal to any plan, specification, plat, or report unless he has assumed the responsibility for the accuracy and adequacy of the work involved.
(d) Any registrant who has affixed his or her seal to any plan, specification, plat, or report prepared by another without having first reviewed the same person not under the registrant's direct supervisory control on a daily basis, and without having thoroughly re viewed such work, shall be deemed to have committed a fraudulent act of misconduct in the practice of professional engineering or land surveying."
Section 6. Said chapter is further amended by adding at the end of subsection (d) of Code Section 43-15-23.1, relating to land surveying firms, corporations, or other entities, a new paragraph (3) to read as follows:
"(3) Every firm, partnership, corporation, or other entity which performs or offers to perform surveying services shall have a resident registered land surveyor in responsible charge in each separate branch office in which surveying services are performed or offered to be performed. A resident means a registrant who spends the majority of his or her normal working time at his or her place of business. The registrant can be the resident licensee at only one place of business at one time."
Section 7. All laws and parts of laws in conflict with this Act are repealed.

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

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

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

Those voting in the affirmative were Senators:

Albert Baldwin Bishop Bowen Broun of 46th Brown of 26th Burton Clay Coleman Collins
Dawkins
Dean
Echols
Edge

Egan Foster Gillis Hammill Harris Hasty Hill Muggins Johnson Kidd
Marable
Newbill
Perdue
Perry

Phillips Pollard Ragan of 32nd Ramsey Robinson Q .. * tt S,tarr L ate Taylor
Timmons
Tysinger
Walker of 22nd
White

Those not voting were Senators:

Alien (excused) Deal (presiding) English Garner Henson

Hooks Langford Moye Ragan of 10th Ray

Shumake Steinberg Thompson Turner 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 by substitute.

TUESDAY, MARCH 24, 1992

2435

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

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.

Senator Johnson of the 47th moved that the Senate adhere to the Senate substitute to HB 1261, 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 1261.

The President appointed as a Conference Committee on the part of the Senate the following:
Senators Garner of the 30th, Johnson of the 47th and Deal of the 49th.

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.

Senator Ragan of the 10th moved that the Senate adhere to the Senate amendment to HB 1931, and that a Conference Committee be appointed.

On the motion, the yeas were 32, nays 0; the motion prevailed, and the Senate adhered to the Senate amendment to HB 1931.

The President appointed as a Conference Committee on the part of the Senate the following:
Senators Foster of the 50th, Collins of the 17th and Ragan of the 10th.

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

HB 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.
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 Bishop

Bowen Broun of 46th Brown of 26th

Burton Clay Coleman

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JOURNAL OF THE SENATE

Collins Dawkins Dean Echols
Ed&e FEongsagt"leisrh, Gillig Hammill Harris Henson

Hill Huggins Johnson Kidd
Marable MXNTeowybeLl1-I1I Perdue Perry Phillips Pollard

Ragan of 32nd Ramsey Robinson Scott
Starr rTTraatyel, or Thompson Timmons Tysinger White

Those not voting were Senators:

Alien (excused) Deal (presiding)
Hasty' Hooks

Langford Ragan of I0th
Ray Shumake

Steinberg Turner
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.

Senator Dawkins of the 45th moved that the following bill of the House, having been passed previously today, be immediately transmitted to the House:

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.

On the motion, the yeas were 35, nays 0; the motion prevailed, and HB 1399 was imme diately transmitted to the House.

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 bill of the House:

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.

TUESDAY, MARCH 24, 1992

2437

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

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.

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

HB 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.

The Speaker has appointed on the part of the House, Representatives Smith of the 152nd, Hanner of the 131st and Dixon of the 128th.

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

HR 772. By Representatives Streat 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.
Senate Sponsor: Senator English of the 21st.

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 b,-,u, rton Coleman Collins Dawkins rj ean Echols Edge Egan English

Foster Gillis
Hammill Harris Hasty ffiu THTuggm s ^son Kldd ul Marable Moye Newbill Perdue Perry Phillips

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

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JOURNAL OF THE SENATE

Those not voting were Senators:

Alien (excused) Deal (presiding) Garner Henson

Hooks Langford Shumake

Steinberg 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.

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.
Senate Sponsor: Senator Ray of the 19th.

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 Collins Dawkins Dean Echols Edge Egan English

Foster Gillis Hammill Harris Hasty Henson Hill Huggins Johnson Kidd Marable Newbill Perdue Perry Phillips

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

Those not voting were Senators:

Alien (excused) Coleman Deal (presiding) Garner

Hooks Langford Moye Shumake

Steinberg Turner Walker of 43rd

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

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

HR 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.
Senate Sponsor: Senator Hasty of the 51st.

TUESDAY, MARCH 24, 1992

2439

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 u.rton C^ o,l,e.man C DoalwlmkSins Dean Echols Edge
Egan English
Foster

Gillis Hammill Harris Hasty Henson Hm Huggins JToh, nson Kl.d.^. Marable Newbill Perdue
Perry Phillips
Pollard

Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Starr S0 t, em. b, erg rTp at^e Taylor Thompson Timmons
Tysinger Walker of 22nd
White

Those not voting were Senators:

Alien (excused) Clay Deal (presiding) Garner

Hooks Langford Moye

Shumake 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.

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.
Senate Sponsor: Senator Broun of the 46th.

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 Dean Echols Edge English Foster Gillis Hammill

Harris Hasty Henson Hill Huggins Johnson Kidd Marable Newbill

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JOURNAL OF THE SENATE

Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd

Ramsey Ray Robinson Scott Starr Steinberg

Taylor Thompson Timmons Tysinger Walker of 22nd White

Those not voting were Senators:

Alien (excused) Deal (presiding) Egan Garner

Hooks Langford Moye Shumake

Tate Turner Walker of 43rd

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

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

HR 838. By Representative Morsberger of the 62nd: A resolution designating March as Seabees Month in Georgia. Senate Sponsor: Senator White of the 48th.

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 Dean Echols Edge English

Foster Gillis Hammill Harris Hasty Henson Hill Huggins Johnson Kidd Marable Newbill Perdue Perry Phillips

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

Those not voting were Senators:

Alien (excused) Deal (presiding)
Egan Garner

Hooks Langford
Moye Shumake

Tate Turner 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.

TUESDAY, MARCH 24, 1992

2441

HR 839. By Representatives Twiggs of the 4th and Colwell of the 4th: A resolution designating the Riley C. Thurmond Bridge. Senate Sponsor: Senator Hasty of the 51st.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Baldwin Bishop Bowen Broun of 46th Brown of 26th BC,,,luaryton CCoollleimnsan
Dawkins Dean
Echols
Edge
English

Foster Gillis Hammill Harris Hasty Henson HuHuilgl gm. s JKoihdndson
Marable Newbill
Perdue
Perry
Phillips

Pollard Ragan of 10th Ragan of 32nd Ramsey Rav Robinson S0,, cotttt ,,Stem. b, erg
Taylor Timmons
Tysinger
Walker of 22nd
White

Those not voting were Senators:

Alien (excused) Deal (presiding) Egan Garner

Hooks Langford Moye Shumake

Tate Thompson Turner 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.

The following resolutions of the Senate were taken up for the purpose of considering the House substitutes thereto:

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.

The House substitute to SR 486 was as follows:

A RESOLUTION
Proposing an amendment to the Constitution so as to provide that the distribution of tractors, farm equipment, heavy equipment, new motor vehicles, and parts therefor in the

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JOURNAL OF THE SENATE

State of Georgia vitally affects the general economy of the state and the public interest and public welfare; to authorize the General Assembly to regulate tractor, farm equipment, heavy equipment, and new motor vehicle manufacturers, distributors, dealers, and their rep resentatives 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; to provide for the submission of this amendment for ratifica tion or rejection; and for other purposes.

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, new motor vehi cles, and parts therefor in the State of Georgia vitally affects the general economy of the state and the public interest 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 Consti tution, the General Assembly in the exercise of its police power shall be authorized to regu late tractor, farm equipment, heavy equipment, and new motor vehicle manufacturers, dis tributors, 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 Gen eral Assembly shall not impair the obligation of an existing contract but may apply with respect to the renewal of such a contract 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, heavy equipment, and new motor vehicle manufacturers, distributors, dealers, and their representatives doing bus iness in Georgia, including agreements among such parties, in order to pre vent 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.

Senator Starr of the 44th moved that the Senate agree to the House substitute to SR 486.

On the motion, 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 Edge English Foster
Garner Gillis Hammill

Harris Hasty Henson Hill Huggins Johnson
Kidd Marable Newbill

TUESDAY, MARCH 24, 1992

2443

Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd

Ramsey Ray Robinson Scott Starr Steinberg

Taylor Thompson Timmons Tysinger Walker of 22nd White

Those not voting were Senators:

Albert Alien (excused) Deal (presiding) Egan

Hooks Langford Moye Shumake

Tate Turner Walker of 43rd

On the motion, the yeas were 45, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SR 486.

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 House substitute to SR 375 was as follows:

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. Edwards 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.

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JOURNAL OF THE SENATE

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. 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 4. 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 5. 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 6. 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 7. 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.

TUESDAY, MARCH 24, 1992

2445

Section 8. 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 9. That the Resolution (Res. Act No. 71, H.R. No. 591) authorizing the leasing 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 10. 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 11. 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 12. 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 13. That this resolution shall become effective upon its approval by the Gover nor or upon its becoming law without such approval.
Section 14. That all laws and parts of laws in conflict with this resolution are repealed.

Senator Starr of the 44th moved that the Senate agree to the House substitute to SR 375.

On the motion, 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 ^uarton
Cokman Collins Dawkins D ean Echols Egan English Foster

Garner Gillis Hammill Harris Hasty Renson Hill
"ggins J hns n Marable Newbill Perdue Perry Phillips Pollard

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

Those not voting were Senators:

Alien (excused) Deal (presiding) Edge Hooks

Kidd Langford Moye

Shumake Turner Walker of 43rd

2446

JOURNAL OF THE SENATE

On the motion, the yeas were 46, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SR 375.

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 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.

The following general resolutions and bill of the House and Senate, favorably reported by the committees, were read the third time and put upon their adoption:

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.
Senate Sponsor: Senator Hasty of the 51st.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert
Baldwin Bishop Bowen Broun of 46th Brown of 26th 1uarton

Gillis
Hammill Harris Hasty Henson Hm Huggins

Coffins Dawkins )ean Echols Egan English Foster Garner

J^son Kldd , Marable Newbill Perdue Perry Phillips Pollard

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

Those not voting were Senators:

Alien (excused) Coleman Deal (presiding) Edge

Hooks Langford Moye

Shumake Turner Walker of 43rd

TUESDAY, MARCH 24, 1992

2447

On the adoption of the resolution, the yeas were 46, nays 0.

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

HR 845. By Representatives Bargeron of the 108th and Godbee of the 110th:
A resolution commending Grady Mallard and designating the Grady Mallard Bridge.
Senate Sponsor: Senator English of the 21st.

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 C^nlay CDoalwliknisns
Dean Echols Edge Egan English Foster

Garner Gillis Hammill Harris Hasty Henson Hill THTuggm- s JKoihdndson
Marable Moye Newbill Perdue Perry Phillips

Pollard Ragan of 10th Ragan of 32nd Ramsey j^av Robinson 0 ., ,,OCOtt *StteamTMberg
Tate Taylor Thompson Tysinger Walker of 22nd White

Those not voting were Senators:

Alien (excused) Coleman Deal (presiding)

Hooks Langford Shumake

Timmons Turner Walker of 43rd

On the adoption of the resolution, the yeas were 47, nays 0.

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

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.
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:

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Those voting in the affirmative were Senators:

Albert Baldwin Bishop Broun of 46th Brown of 26th Burton Clay Coleman Collins Dawkins Dean Echols Edge Egan

English Foster Garner Gillis Hammill Harris Hasty Hill Huggins Johnson Kidd Marable Moye Newbill

Perdue Perry Ragan of 10th Ragan of 32nd Ramsey Robinson Scott Starr Steinberg Tate Taylor Thompson Timmons Tysinger

Those not voting were Senators:

Alien (excused)
Bowen Deal (presiding) Henson Hooks

Langford
Phillips Pollard Ray Shumake

Turner Walker of 22nd
Walker of 43rd White

On the adoption of the resolution, the yeas were 42, nays 0.

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

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.
Senate Sponsor: Senator Hasty of the 51st.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Baldwin Bishop Bowen Broun of 46th Brown of 26th
gn Coleman Collins Dean Echols Edge English Foster

Garner Gillis Hammill Harris Hasty Hengon
Huggins Jhnsn Marable Move Newbill Perdue Perry Pollard

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

TUESDAY, MARCH 24, 1992

2449

Those not voting were Senators:

Alien (excused) Dawkins LJd (presiding)

Hooks Kidd ^^

Shumake Turner ^^ Qf ^

Hill

Phillips

White

On the adoption of the resolution, the yeas were 43, nays 0.

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

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.
Senate Sponsor: Senator Bowen of the 13th.

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 Brown of 26th Burton Clay Coleman Collins Dawkins Dean Echols Edge Egan English

Foster Garner Gillis Hammill Harris Hasty Henson Hill Huggins Johnson Marable Moye Newbill Perdue Perry

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

Those not voting were Senators:

Alien (excused) Broun of 46th Deal (presiding) Hooks

Kidd Langford Phillips Shumake

Turner Walker of 43rd White

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

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

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.
Senate Sponsor: Senator Dean of the 31st.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

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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 Dean Echols Edge Egan English

Foster Garner Gillis Hammill Harris Hasty Henson Hill Huggins Johnson Marable Moye Newbill Perdue Perry

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

Those not voting were Senators:

Alien (excused) Deal (presiding) Hooks Kidd

Langford Phillips Shumake

Turner Walker of 43rd White

On the adoption of the resolution, the yeas were 46, nays 0.

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

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.
Senate Sponsor: Senator Hill of the 4th.

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 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 Marable Moye

Newbill Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Starr Steinberg

TUESDAY, MARCH 24, 1992

2451

Tate Taylor

Thompson Timmons

Tysinger Walker of 22nd

Those not voting were Senators:

Albert Alien (excused) Bowen Deal (presiding)

Hooks Kidd Langford Shumake

Turner Walker of 43rd White

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

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

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.
Senate Sponsor: Senator Broun of the 46th.

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 Dean Echols Edge Egan

Foster Garner Gillis Hammill Harris Hasty Henson Huggins Johnson Marable Moye Newbill Perdue Perry Phillips

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

Those not voting were Senators:

Alien (excused) Deal (presiding) English Hill

Hooks Kidd Langford Shumake

Turner Walker of 22nd Walker of 43rd

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

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

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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.
Senate Sponsor: Senator Walker of the 22nd.
The Senate Committee on Finance and Public Utilities offered the following substitute to HR 966:
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, Georgia; authorizing the conveyance of certain state owned real property located in Richmond County, Georgia, to the Board of Commis sioners of Richmond County; to provide an effective date; to repeal conflicting laws; and for other purposes.
WHEREAS:
(1) The State of Georgia is the owner of certain real property located in Land Lots 369 and 380 of the 21st District of Pulaski County, Georgia, which is in the custody of and utilized by the Department of Corrections;
(2) The Department of Corrections is in the process of expanding its prison facilities to include the Pulaski Women's Correctional Institution;
(3) The City of Hawkinsville, Pulaski County, has agreed to provide water and sanitary sewer service to the above-mentioned correctional institution; and
(4) The Department of Corrections agrees with the granting of this easement to the City of Hawkinsville, Pulaski County, for the above-described purpose; and
WHEREAS:
(1) The State of Georgia is the owner of approximately two acres of real property lying on the southeast boundary of the State Training School in Richmond County, Georgia;
(2) The custody of the subject state owned real property is vested in the Department of Human Resources;
(3) The said real property is all that tract of real property consisting of 2.00 acres and constituting a portion of the property of the State Training School of the State of Georgia, in Richmond County, Georgia, as shown on that certain plat dated March 4, 1992, entitled "Plat for Richmond County Board of Commissioners" and from said plat being more partic ularly described as follows:
Commencing at a point 7,696 feet from the right-of-way of Old Savannah Road on the North side of Phinizy Road; thence, along the right-of-way of Phinizy Road N7035'55" West a distance of 396.83 feet; thence N2310'00" East a distance of 220.99 feet; thence S7035'55" East a distance of 393.42 feet; thence S2216'55" West a distance of 220.79 feet, the point of beginning.
The said property is shown on a plat prepared by David L. Hargrove, Georgia Registered Land Surveyor No. 1940, which plat is on file in the office of the State Properties Commission;
(4) The said real property is no longer needed by the Department of Human Resources in connection with the operation of the State Training School; and
(5) The conveyance of the above-described property would be beneficial both to the State of Georgia and Richmond County and would be in the public interest.

TUESDAY, MARCH 24, 1992

2453

NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL AS SEMBLY OF GEORGIA:
ARTICLE 1
Section 1. (a) That the State of Georgia is the owner of the hereinafter described real property, hereinafter referred to as the "easement area" and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission.
(b) That the State of Georgia, acting by and through its State Properties Commission, may grant to the City of Hawkinsville, Pulaski County, or its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of water and sani tary sewer lines in, on, over, under, upon, across, or through the easement area for the pur pose of constructing, erecting, operating, maintaining, repairing, and replacing water and sanitary sewer lines, together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement area is located in Land Lots 369 and 380 of the 21st District of Pulaski County, Georgia, and is more particularly described as follows:
That portion and that portion only as shown on a plat entitled "Survey for State of Georgia Department of Corrections" and prepared by Olin J. McLeod, Georgia Registered Land Surveyor No. 2259, dated June 25, 1990, and presented to the State Properties Com mission for approval.
(c) That the above-described premises shall be used solely for the purpose of planning, constructing, installing, maintaining, repairing, replacing, inspecting, and operating said water and sanitary sewer lines.
(d) That the City of Hawkinsville, Pulaski County, shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasona bly necessary for the proper construction, operation, and maintenance of said water and sanitary sewer lines.
(e) That, after the City of Hawkinsville, Pulaski County, has put into use the water and sanitary sewer lines for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, the City of Hawkinsville, Pulaski County, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the facility shall become the property of the State of Georgia, its successors and assigns.
(f) That no title shall be conveyed to the City of Hawkinsville, Pulaski County, and, except as herein specifically granted to the City of Hawkinsville, Pulaski County, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to the City of Hawkinsville, Pulaski County.
(g) That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated in order to avoid interference with the state's use or intended use of the ease ment area, the City of Hawkinsville, Pulaski County, shall remove or relocate its facilities at its sole cost and expense.
(h) That the easement granted to the City of Hawkinsville, Pulaski County, shall con tain such other reasonable terms, conditions, and covenants as the State Properties Com mission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.
(i) That the consideration for such easement shall be $10.00 and the benefit of the state

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JOURNAL OF THE SENATE

and upon such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.
(j) That this grant of easement shall be recorded by the grantee in the Superior Court of Pulaski County and a recorded copy shall be forwarded to the State Properties Commission.
(k) That the authorization in this resolution to convey the above-described property to the City of Hawkinsville, Pulaski County, shall expire three years after the date that this resolution becomes effective.
(1) That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.
ARTICLE 2
Section 2. (a) That the State of Georgia is the owner of the above-described real prop erty and that in all matters relating to the conveyance of the real property the State of Georgia is acting by and through its State Properties Commission.
(b) That the State Properties Commission is authorized to do all acts and things neces sary and proper to effect such conveyance to the Board of Commissioners of Richmond County.
(c) That the consideration for such conveyance shall be $650.00 so long as the property is used for public purposes and shall be upon such other terms and conditions as may be prescribed by the State Properties Commission.
(d) That the conveyance considered in this resolution shall contain such other reasona ble terms and conditions as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the property, so long as the description utilized by the State Properties Commission describes the same conveyance area considered in this resolution.
(e) That the conveyance instrument authorized by this resolution shall be recorded by the grantee in the Superior Court of Richmond County and a recorded copy shall be for warded to the State Properties Commission.
(f) That the authorization in this resolution to convey the above-described property to the Board of Commissioners of Richmond County shall expire three years after the date that this resolution becomes effective.
ARTICLE 3
Section 3. That this resolution shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 4. That all laws and parts of laws in conflict with this resolution are repealed.

On the adoption of the substitute, the yeas were 42, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the adoption of the resolution by substitute, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Baldwin Bishop Bowen Broun of 46th

Brown of 26th Burton Clay Coleman Collins

Dawkins Dean Echols Edge Egan

TUESDAY, MARCH 24, 1992

2455

Foster Garner Gillis Hammill Harris Hasty Henson Hooks Huggins Johnson
Marable

Moye Newbill Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray
Robinson

Scott Starr Steinberg
Thompson Timmons Tysmger Walker of 22nd White

Those not voting were Senators:

Alien (excused) Deal (presiding) English

Hill Kidd Langford

Shumake Turner Walker of 43rd

On the adoption of the resolution, the yeas were 47, nays 0.

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

HR 976. By Representative Poag of the 3rd: A resolution designating the Martin Dooley Parkway. 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:

Baldwin Bishop Bowen Broun of 46th Brown of 26th
B urton >CC;oo,llyleimnsan Dawkins D ean Echols Edge Egan English

Foster Garner Gillis Harris Hasty
Hooks JH,uh, g6ng6sinns Marable Moye Newbill Perdue Perry Phillips

Pollard Ragan of 10th Ragan of 32nd Ramsey Ray
Robinson SS0 ct. aortrt Tate Thompson Timmons Tysinger Walker of 43rd White

Those not voting were Senators:

Albert Alien (excused) Deal (presiding) Hammill
Henson

Hill Kidd
Langford Shumake

Steinberg Taylor
Turner Walker of 22nd

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JOURNAL OF THE SENATE

On the adoption of the resolution, the yeas were 43, nays 0.

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

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. 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:

Baldwin Bishop Bowen Broun of 46th Brown of 26th Burton Clay Coleman Collins Dawkins Dean Echols Edge Egan Foster

Garner Gillis Hammill Harris Hasty Henson Hooks Huggins Johnson Marable Moye Newbill Perdue Perry Phillips

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

Those not voting were Senators:

Albert Alien (excused) Deal (presiding) English

Hill Kidd Langford Shumake

Taylor Turner 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.

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.
Senate Sponsor: Senator Bowen of the 13th.

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:

TUESDAY, MARCH 24, 1992

2457

Baldwin Bishop Bowen Broun of 46th Brown of 26th Burt011
^CCool,lyleimnsan Dawkins Dean

Gillis Hammill Harris Hasty Henson Hill
H",,o"ofksl. ns Johnson Marable

Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson
S|Oct aortrt, Stemberg Tate

Egan Foster Garner

Newbill Perdue Perry Phillips

Thompson Timmons Tysinger White

Those not voting were Senators:

Albert Alien (excused) Deal (presiding) English

Kidd Langford Shumake

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.

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.

The Senate Committee on Rules offered the following substitute to SR 512:

A RESOLUTION
Creating the Senate Sunshine in Litigation Study Committee; and for other purposes.
WHEREAS, in the balance to be struck between the private rights of litigants and the public interest, the preservation and protection of the public health, safety, and welfare is of paramount importance; and
WHEREAS, a system of private justice has evolved within the public courts, allowing important disputes that often involve serious questions of public safety to be resolved in secret; and
WHEREAS, in civil actions, particularly products liability actions, judges' protective orders, confidential settlements, and sealed orders increasingly are being used to prevent debate about critical problems of public safety and policy by concealing information about products, devices, and instruments which constitute public hazards; and
WHEREAS, it is important that members of the public have a means of securing access to information concerning public hazards so that they may take the necessary precautions to protect themselves; and
WHEREAS, the public's right to know must be weighed against the legitimate business interest of protecting trade secrets and other privileged information from public disclosure; and
WHEREAS, an issue of such vital importance to the people of the State of Georgia

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deserves detailed study by the elected representatives of the people of this state to ensure that the best interests of the public are served.
NOW, THEREFORE, BE IT RESOLVED BY THE SENATE that there is created the Senate Sunshine in Litigation Study Committee to be composed of five members of the Senate to be appointed by the President of the Senate. The President of the Senate shall designate a member of the committee as chairman of the committee. The chairman shall call all meetings of the committee.
BE IT FURTHER RESOLVED that the committee shall undertake a study of the con ditions, needs, issues, and problems mentioned above or related thereto and recommend any actions or legislation which the committee deems necessary or appropriate. The committee may conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this resolution. The members of the committee shall receive the allowances authorized for legislative members of interim legislative com mittees but shall receive the same for not more than eight 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. In the event the committee makes a report of its findings and recommendations, with suggestions for proposed legislation, if any, such report shall be made on or before December 1, 1992. The committee shall stand abolished on De cember 1, 1992.

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

The report of the committee, which was favorable to the adoption of the resolution by substitute, was agreed to.

On the 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 Brown of 26th Burton
Clay Coleman Collins Dawkins Dean
Echols Egan English Foster

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 Thompson Timmons Tysinger White

Voting in the negative was Senator Taylor.

Those not voting were Senators:

Albert Alien (excused) Deal (presiding) Edge

Garner Kidd Langford Shumake

Turner Walker of 22nd Walker of 43rd

TUESDAY, MARCH 24, 1992

2459

On the adoption of the resolution, the yeas were 44, nays 1.

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

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.
Senate Sponsor: Senator Harris of the 27th.

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

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

Those voting in the affirmative were Senators:

Baldwin Bishop Bowen Broun of 46th Brown of 26th Burton Coleman Collins
Echols Egan English 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 Timmons Tysinger Walker of 43rd White

Those not voting were Senators:

Albert
ACllaieyn (excused) Deal (presiding) Dean

Edge Foster
Garner Kidd

Langford Shumake
Turner 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.

Senator Deal of the 49th, President Pro Tempore, who was presiding, announced that the Senate would stand in recess from 9:12 o'clock P.M. until 10:45 o'clock P.M.

At 10:45 o'clock P.M., the President called the Senate to order.
Senator Garner of the 30th asked unanimous consent to suspend Senate Rule 156 re quiring the Conference Committee report on SB 567 to be printed and distributed one (1)

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JOURNAL OF THE SENATE

hour before its consideration by the Senate; the consent was granted, and the printing and distribution of the following Conference Committee report was suspended:

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 Conference Committee report on SB 567 was as follows:
The Committee of Conference on SB 567 recommends that both the Senate and the House of Representatives recede from their positions and that the attached documents be adopted: a document captioned "Committee of Conference Substitute to SB 567" (LC 18 5085S) as modified and perfected by an amendatory document captioned as AM 18 0181.
Respectfully submitted,

FOR THE SENATE:
Is/ Gene Walker Senator, 43rd District
/s/ George Hooks Senator, 14th District
/s/ J. Wayne Garner Senator, 30th District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Bob Hanner Representative, 131st District
/s/ Sonny Dixon Representative, 128th District
/s/ Tommy Smith Representative, 152nd District

Committee of Conference Substitute to SB 567 (LC 18 5085S):

A BILL
To be entitled an Act 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 qual ifications 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 Senators elected shall take office; to provide for the continuation of present senatorial districts until a certain time; to provide definitions and inclusions; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 2 of Title 28 of the Official Code of Georgia Annotated, relating to apportionment of the House of Representatives and Senate and qualifications of members, is amended by striking Code Section 28-2-2, relating to apportionment and qualifications of the Senate, and inserting in its place a new Code Section 28-2-2 to read as follows:
"28-2-2. (a) There shall be 56 members of the Senate, and such membership shall be apportioned among the senatorial districts provided for in this Code section. Each Senate district shall be composed of a portion of a county, or a county, or counties, or a combina tion thereof, as provided in this subsection, and shall be represented by one Senator.
District: 1
CHATHAM COUNTY VTD: 0001 1-1 VTD: 0002 1-2

TUESDAY, MARCH 24, 1992

2461

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: 0031 3-8 VTD: 0032 3-9 VTD: 0033 3-10 VTD: 0038 4-5 VTD: 0039 4-6 VTD: 0041 4-8 VTD: 0042 4-9 VTD: 0043 4-10 (Part)
Tract: 0110.02 Block(s): 103
Tract: 0110.04 Block(s): 101A, 101B, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 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
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 6-8VTD: 0064 6-9 VTD: 0066 7-2 VTD: 0067 7-3 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
District: 2
BRYAN COUNTY
VTD: 0001 NINETEENTH VTD: 0002 MILL CREEK
VTD: 0006 FORT STEWART VTD: 0007 BLITCHTON
CHATHAM COUNTY
VTD: 0014 2-1 VTD: 0015 2-2 VTD: 0016 2-3 VTD: 0017 2-4 VTD: 0018 2-5

2462

JOURNAL OF THE SENATE

VTD: 0019 2-6 VTD: 0020 2-7 VTD: 0021 2-8 VTD: 0024 3-1 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: 0034 4-1 VTD: 0035 4-2 VTD: 0036 4-3 VTD: 0037 4-4 VTD: 0043 4-10 (Part)
Tract: 0038. Block(s): 204B, 307B, 312B, 313B
Tract: 0039. Block(s): 201B, 202B
Tract: 0101.02 Block(s): 315B, 402, 403B, 404, 407, 408, 409, 410, 411, 412, 413
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: 0065 7-1 VTD: 0068 7-4 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 VTD: 0086 5-11 EFFINGHAM COUNTY VTD: 0001 FAULKVILLE 1 (Part)
Tract: 0304. Block(s): 248, 249, 250, 251, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414
Tract: 0305.98 Block(s): 105, 106B, 107B, 108A, 108B, 126B, 201A, 202A, 203A, 204A, 249B, 250B, 251A, 278A, 279
LIBERTY COUNTY VTD: 0009 2-0009 VTD: 0010 2-0010 VTD: 0011 2-0011

TUESDAY, MARCH 24, 1992

2463

District: 3
LONG COUNTY MCINTOSH COUNTY BRYAN COUNTY
VTD: 0003 RICHMOND HILL VTD: 0004 TWENTH WEST VTD: 0005 FORT MCALLISTER GLYNN COUNTY VTD: 0001 STERLING 1163/1166 VTD: 0002 GLYNCO 1263 VTD: 0008 BEVERLY SHORES RECREATION 3153/3163 VTD: 0009 BALLARD RECREATION 3253 VTD: 0010 GLYNDALE COMMUNITY BLDG. 3353/3363 VTD: 0011 BWK. ARMORY 4153 VTD: 0012 JANE MACON 4253 VTD: 0013 CITY RECREATION 5153 VTD: 0014 ADULT EDUCATION 5253 LIBERTY COUNTY VTD: 0001 RICEBORO VTD: 0002 HINESVILLE VTD: 0003 DORCHESTER VTD: 0004 WALTHHOURVILLE AND FLEMING WEST VTD: 0006 FLEMING EAST VTD: 0007 GUM BRANCH VTD: 0008 MCINTOSH VTD: 0012 2-0012 WAYNE COUNTY VTD: 0009 GARDI VTD: 0010 MT. PLEASANT VTD: 0011 ALTAHAMA
District: 4
SCREVEN COUNTY JENKINS COUNTY BULLOCH COUNTY TATTNALL COUNTY EVANS COUNTY EFFINGHAM COUNTY
VTD: 0001 FAULKVILLE 1 (Part) Tract: 0304. Block(s): 118, 119, 120, 121, 122, 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, 180, 181, 182, 183, 188, 189, 190, 191, 192, 193, 194, 195, 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, 246, 247, 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, 415 Tract: 0305.98 Block(s): 101A, 102A, 103A, 103B, 104A, 116B, 145A
VTD: 0002 GUYTON 2A VTD: 0003 HODGEVILLE 2B VTD: 0004 SHAWNEE 3A VTD: 0005 CLYO 3B VTD: 0006 MASONIC LODGE 3C AND SPRINGFIELD 4 VTD: 0008 RINCON 5

2464

JOURNAL OF THE SENATE

District: 5
DEKALB COUNTY VTD: 0011 BRIARLAKE VTD: 0013 BROCKETT (Part) Tract: 0218.05 Block(s): 204, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 230, 231, 232, 233, 234 Tract: 0218.10 Block(s): 301, 304, 305, 306 VTD: 0040 EMBRY HILLS VTD: 0043 EVANSDALE VTD: 0051 HAMBRICK VTD: 0052 HAWTHORNE VTD: 0053 HENDERSON MILL VTD: 0054 HERITAGE VTD: 0056 HUGH HOWELL VTD: 0058 IDLEWOOD VTD: 0067 LAKESIDE VTD: 0069 LAVISTA AND LIVSEY VTD: 0087 MONTREAL (Part) Tract: 0218.10 Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410 VTD: OOAD PLEASANTDALE VTD: OOAX SILVER HILL VTD: OOBB SMOKE RISE VTD: OOBF STONE MILL VTD: OOBG STONE MOUNTAIN VTD: OOBP TUCKER VTD: OOBU WARREN
GWINNETT COUNTY VTD: 0003 405A VTD: 0004 405B VTD: 0005 405C VTD: 0006 405D VTD: 0007 405E VTD: 0008 405F VTD: 0009 405G VTD: 0011 408B VTD: 0064 4051 VTD: 0073 408K (Part) Tract: 0507.06 Block(s): 209
District: 6
APPLING COUNTY BACON COUNTY PIERCE COUNTY BRANTLEY COUNTY GLYNN COUNTY
VTD: 0003 FANCY BLUFF 1366 VTD: 0004 SSI CASINO 2166 VTD: 0005 SSI AIR NATIONAL GUARD 2266 VTD: 0006 SSI FIRE STATION 2366 VTD: 0007 JEKYLL 2466

TUESDAY, MARCH 24, 1992

2465

WARE COUNTY VTD: 0001 DISTRICT 1 VTD: 0002 DISTRICT 2 VTD: 0151 1231-151 (Part) Tract: 9506. Block(s): 101B VTD: 150B 1231-150B
WAYNE COUNTY VTD: 0001 ODUM VTD: 0002 MADRAY SPRINGS VTD: 0003 OGLETHORPE VTD: 0004 SCREVEN VTD: 0005 RITCH VTD: 0006 EMPIRE VTD: 0007 RED HILL VTD: 0008 EAST JESUP VTD: 0012 VFW VTD: 0013 COURTHOUSE VTD: 0014 NATIONAL GUARD ARMORY VTD: 0015 RECREATION CENTER
District: 7
TIFT COUNTY BERRIEN COUNTY CLINCH COUNTY LANIER COUNTY CAMDEN COUNTY CHARLTON COUNTY WARE COUNTY
VTD: 0005 BEACH-BICKLEY VTD: 0010 HAYWOOD VTD: 0015 JAMESTOWN VTD: 0020 MANOR VTD: 0025 MILLWOOD VTD: 0030 WARESBORO VTD: 0151 1231-151 (Part)
Tract: 9506. Block(s): 101C, 101D, 102, 103, 104, 105, 106, 107, 108A, 108B, 108C, 109, HOB, 111, 130C, 130D, 131, 132B, 133C, 134, 135, 136, 137, 138, 139, 201, 202, 203C, 204, 205B, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 601, 602, 603, 604, 605
Tract: 9508. Block(s): 565
Tract: 9509. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115E, 133B, 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, 183, 184, 225G, 226, 227D, 238B, 245B, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 353B, 357, 358, 359, 360B, 382B, 382C, 383B, 384, 385, 401, 402B, 403, 412C, 418B, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434B, 437B, 437C, 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: 150A 1231-150A VTD: 150C 1231-150C

2466

JOURNAL OF THE SENATE

District: 8
ECHOLS COUNTY BROOKS COUNTY
VTD: 0001 BARNEY VTD: 0002 BRIGGS (Part)
Tract: 9903. Block(s): 221, 222, 223, 225, 226, 227, 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, 253, 254, 257, 264, 265
Tract: 9904. Block(s): 101, 102, 130, 131, 132, 133, 134, 135, 136, 137
VTD: 0004 DRY LAKE VTD: 0006 HICKORY HEAD VTD: 0007 MORVEN VTD: 0008 WANKIN VTD: 0009 QUITMAN (Part)
Tract: 9902. Block(s): 295
Tract: 9903. Block(s): 278, 279, 292, 293
Tract: 9904. Block(s): 103, 104, 105, 106, 107, 108, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147B, 148B, 155B, 156, 158B, 217B, 218, 219B, 220, 224, 225, 228, 233, 237B
Tract: 9905. Block(s): 147C, 147D, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168B, 169B, 169C, 170C, 190B, 192, 193, 194, 195, 196, 197, 330, 331, 332, 333, 334, 335, 336B, 354B, 357B, 358, 359, 360, 361, 362
VTD: 0010 TALLOAKS AND WILLIAMS COOK COUNTY
VTD: 0002 CECIL VTD: 0003 PINE VALLEY VTD: 0006 RIVER BEND DECATUR COUNTY VTD: 0002 BAINBRIDGE (Part)
Tract: 9701. Block(s): 177, 179, 180, 181, 182, 183, 186, 187, 188, 189, 190, 191, 192, 193
Tract: 9704. Block(s): 101, 102, 103, 104A, 104B, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124A, 124B, 125, 126A, 126B, 127, 128, 201, 202A, 202B, 203, 204, 205A, 205B, 206, 207, 208, 209, 210, 243
Tract: 9706. Block(s): 101, 102, 113, 114, 115, 116, 117, 118, 119, 120, 121, 130, 131, 132, 133, 134, 201, 202, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 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, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 403A, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415
VTD: 0003 WEST BAINBRIDGE (Part) Tract: 9702. Block(s): 190, 192, 193, 194, 195, 237, 238, 239, 240, 257 Tract: 9703. Block(s): 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, 144B, 145, 146B, 147B, 148, 149, 150, 151, 152, 153,

TUESDAY, MARCH 24, 1992

2467

154, 155, 156, 158B, 159, 160, 161, 162, 163, 201B, 202C, 203, 204B, 260B, 261, 262, 263, 264, 265, 266, 267C, 270B, 278B, 287, 288 VTD: 0004 BELCHER VTD: 0006 BRINSON VTD: 0007 CLIMAX VTD: 0010 KENDRICK VTD: 0011 PARKER VTD: 0012 PINE HILL GRADY COUNTY VTD: 0005 BLOWING CAVE VTD: 0020 LIMESINK & SPRINGHILL VTD: 0025 MIDWAY (Part) Tract: 9505. Block(s): 108, 109, 110, 111A, 111B, 111C, 124B, 127B, 128B, 129, 130, 131, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 309B, 309C, 316B, 321, 322B, 323, 324, 335, 336, 337, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349 VTD: 0030 PINEPARK VTD: 0040 SPENCE VTD: 0045 WOODLAND (Part) Tract: 9503. Block(s): 107, 108, 110, 111, 112, 113, 114, 118, 119, 122, 130, 131A, 131B, 132, 133, 134, 135A, 135B, 136A, 136B, 137, 138, 144, 145, 146, 151 Tract: 9504. Block(s): 101, 102, 103, 104, 105, 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, 151B, 152, 203, 204, 205, 206, 207, 208, 209, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231A, 231B, 231C, 232A, 232B, 233, 236, 239, 240, 241, 242A, 242B, 242C, 243, 244, 245, 301C, 302, 303B, 322B VTD: 0055 CAIRO 5 (Part) Tract: 9504. Block(s): 151A, 301A, 301B, 303A, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322A, 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, 404, 405, 406, 407, 408, 409, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 436, 437 Tract: 9505. Block(s): 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124A, 125, 126, 127A, 128A, 238, 239, 240, 241, 242, 243, 244, 245, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 301, 302, 303, 304, 305, 306, 307, 308, 309A, 310, 311, 312, 313, 314, 315, 316A, 317, 318, 319, 320, 322A,
411, 413, 414, 416 VTD: 0060 WHIGHAM LOWNDES COUNTY VTD: 0001 HAHIRA VTD: 0002 MINEOLA VTD: 0003 MOODY MASONIC VTD: 0004 MATHIS AUDITORIUM VTD: 0005 GARDEN CENTER (Part)
Tract: 0105. Block(s): 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128,
134, 135 Tract: 0110.
Block(s): 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 324, 325, 326,
327, 328, 329, 330, 331, 332, 333, 334

2468

JOURNAL OF THE SENATE

Tract: 0111. Block(s): 207, 208, 217, 218, 219, 220, 221, 222, 226, 227, 228, 229, 230, 231
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: 0015 AZALEA CITY CHURCH OF GOD (Part)
Tract: 0109. Block(s): 337A, 337B, 338, 339, 340, 341, 342A, 342B, 343A, 343B, 344A, 344B, 345, 346A, 346B, 346C
Tract: 0113. Block(s): 111B, 116B
Tract: 0114. Block(s): 403A, 403B, 403C, 403D, 403E, 403F, 404, 405A, 405B, 405C, 405D, 405E, 405F, 406, 407A, 407B, 408, 409A, 409B, 410, 411, 412, 413A, 413B, 413C, 414A, 414B, 415A, 415B, 416
VTD: 0016 REDLANDS BAPTIST CHURCH (Part) Tract: 0114. Block(s): 501, 502, 504B, 505B, 506B, 507, 508, 509, 510, 511, 512, 513, 514, 515, 516, 517, 518, 519, 520, 521, 522, 523, 524, 525, 526, 527, 528, 529, 530A, 530B, 531, 532, 533, 534, 535, 536, 537, 538, 539, 540, 541, 542, 543, 544, 545, 546, 547, 548, 549, 550, 551, 552, 553, 554, 555, 556, 588, 589, 590, 591, 592, 593, 594, 595, 596, 597, 672, 673, 674, 675, 676, 677B, 678, 680, 681, 682
VTD: 0017 SHILOH FIRE STATION (Part) Tract: 0102. Block(s): 342, 343, 344A, 344B, 344C, 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, 384, 385, 386, 387, 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, 493, 494, 496, 497
VTD: 0018 NEW COVENANT CHURCH VTD: 0021 REMERTON CITY HALL VTD: 0022 EVANGEL CATHEDRAL THOMAS COUNTY VTD: 0001 EASTSIDE VTD: 0004 OCHLOCHNEE VTD: 0005 MEIGS VTD: 0006 COOLIDGE VTD: 0007 PAVO VTD: 0009 BARWICK VTD: 0010 ELLABELLE VTD: 0011 MERRIVILLE VTD: 0013 ARMORY (Part)
Tract: 9602.
Block(s): 292 Tract: 9608.
Block(s): 101, 102, 103, 104A, 104E, 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, 130B, 131, 132, 133, 134, 136, 137B, 138, 139, 140, 141, 142, 160, 161, 162, 163, 164, 165, 529B, 531, 535B, 536
Tract: 9610.

TUESDAY, MARCH 24, 1992

2469

Block(s): 304D, 304E, 305B, 306, 307C, 308, 309B, 310F, 311C, 311D, 311E, 312, 313, 314, 315, 316, 325, 326, 327, 328B, 329, 330, 331, 332, 336
VTD: 0014 PATTEN VTD: 0017 FAIRGROUNDS VTD: 0018 CENTRAL VTD: 0019 JERGER
District: 9
GWINNETT COUNTY VTD: 0002 1295B VTD: 0010 408A 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: 0029 407B VTD: 0031 544A VTD: 0032 544B VTD: 0033 544C VTD: 0045 571A VTD: 0051 408H VTD: 0054 1578D VTD: 0056 407E VTD: 0065 4081 VTD: 0066 408J VTD: 0069 544E VTD: 0071 406Q (Part) Tract: 0504.09 Block(s): 301, 401, 501, 502 VTD: 0072 571C VTD: 0073 408K (Part) Tract: 0507.06 Block(s): 201, 202, 203, 204, 205, 206 VTD: 0076 571D VTD: 0077 571B VTD: 0078 544D
District: 10
CLAYTON COUNTY VTD: 0001 ELLENWOOD (Part) Tract: 0404.02 Block(s): 901, 902, 903, 913A, 913B, 914A, 914B, 915, 916, 917, 922, 923, 924, 926A, 926B, 926C, 927, 928, 930, 945 VTD: 0002 FOREST PARK 1 (Part) Tract: 0403.01 Block(s): 101, 102, 104, 105, 106, 113, 114, 302, 303, 304, 305, 306, 310, 311, 312A, 312B, 312C, 313, 314, 315, 316, 401, 405, 406, 407, 408, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 516 Tract: 0403.02 Block(s): 101A, 101B, 101C, 102, 104, 105, 112, 505, 508A, 508B, 512, 513, 514, 515, 516, 517B VTD: 0003 FOREST PARK 2 (Part) Tract: 0403.03

2470

JOURNAL OF THE SENATE

Block(s): 102A, 104, 105, 106, 107, 108, 201, 202, 203, 204, 205, 206A, 206B, 207, 208, 209A, 209B, 209C, 209D, 209E, 209F, 210, 211, 212, 213, 214, 215, 216, 217, 604A, 605, 606, 607, 608, 609, 610, 611, 612A, 612B, 612C
VTD: 0004 FOREST PARK 3 (Part) Tract: 0402. Block(s): 901, 902, 903, 904, 905, 906, 907, 908A, 908B, 911, 912, 913, 914, 915, 916, 917, 918, 922, 933
VTD: 0017 ADAMSON MORROW 1 (Part) Tract: 0403.03 Block(s): 101, 102B Tract: 0404.02 Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 201, 202, 203, 204A, 204B, 204C, 205, 206A, 206B, 207, 208, 209, 210, 801, 802, 803, 904, 905, 906, 907, 910, 912, 925A, 925B, 925C
VTD: 0023 OAK 1 VTD: 0024 OAK 2 AND OAK 3 VTD: 0026 RIVERDALE 1 VTD: 0033 RIVERDALE 8 (Part)
Tract: 0405.04 Block(s): 330C, 333C, 334
Tract: 0405.05 Block(s): 221C, 221D, 224B, 225, 301B, 309, 310D, 311, 312, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 516, 517, 518, 519, 520
VTD: 0041 LAKE CITY 1 (Part) Tract: 0404.01 Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123A, 123B, 123C, 124, 125, 126, 127, 130, 131, 132, 201, 202, 203, 204, 205A, 205B, 206A, 206B, 207, 208, 209, 210, 215, 301, 302A, 302B, 303, 304, 305, 311, 313, 315, 323A, 323B, 323C
DEKALB COUNTY VTD: 0019 CEDAR GROVE VTD: 0027 CLIFTON VTD: 0039 EASTLAND VTD: 0046 FLAT SHOALS VTD: 0047 FORREST HILLS VTD: 0049 GORDON VTD: 0050 GRESHAM PARK VTD: 0065 KIRKWOOD VTD: 0076 MCLENDON (Part) Tract: 0222. Block(s): 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 516, 517, 601 VTD: 0078 MEADOWVIEW VTD: 0088 MORELAND VTD: 0091 NORTH DECATUR VTD: OOAA PETERSON VTD: OOAE PONCE DE LEON VTD: OOBD SOUTH DECATUR VTD: OOBE SPRING HILL VTD: OOBJ TERRY MILL VTD: OOBM TOOMER VTD: OOBY WHITEFOORD NORTH VTD: OOCA WHITEFOORD SOUTH VTD: OOCB WINNONA
District: 11
EARLY COUNTY

TUESDAY, MARCH 24, 1992

2471

MITCHELL COUNTY MILLER COUNTY SEMINOLE COUNTY BAKER COUNTY
VTD: 0003 HOGGARDS MILL BROOKS COUNTY
VTD: 0002 BRIGGS (Part) Tract: 9903. Block(s): 255, 256, 258, 259, 260, 261, 262, 263, 266, 267, 268, 269, 270, 271, 272, 273, 274, 275, 276, 277 Tract: 9905. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 121, 122, 123, 124, 125, 126, 127, 128, 129
VTD: 0003 DIXIE VTD: 0005 GROOVERVILLE VTD: 0009 QUITMAN (Part)
Tract: 9904. Block(s): 147A, 148A, 149, 150, 151, 152, 153, 154, 155A, 157A, 157B, 158A, 159A, 159B, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 217A, 219A, 226, 227, 230, 231, 232, 234A, 234B, 235A, 235B, 236, 237A, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265, 266, 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, 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
Tract: 9905. Block(s): 119, 120, 130, 131, 132, 133, 134, 135A, 135B, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147A, 147B, 168A, 169A, 170A, 170B, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 184, 185, 186, 187, 188, 189, 190A, 191A, 191B, 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, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265, 266, 267, 268, 269, 270, 271, 272, 273, 274, 275, 276, 277, 278, 279, 280, 281, 282, 283, 284, 285, 286, 287, 288, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313A, 313B, 313C, 313D, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 336A, 337, 338, 339A, 339B, 339C, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 351, 352, 353, 354A, 355, 356, 357A
COLQUITT COUNTY VTD: 0001 BRIDGE CREEK (Part) Tract: 9709. Block(s): 305, 306, 307 VTD: 0004 FUNSTON (Part) Tract: 9709. Block(s): 222, 301C, 302, 303, 304, 308B, 314B, 315, 316, 321 VTD: 0006 HARTSFIELD VTD: 0010 MOULTRIE (Part) Tract: 9703. Block(s): 216, 433, 523, 524, 525, 616, 617 Tract: 9704. Block(s): 113, 114, 115, 116, 117, 118, 122, 123, 124, 125, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265 Tract: 9707. Block(s): 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 221, 222, 223,

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224, 225, 226, 227, 228, 229, 236, 237, 238, 239, 240, 241, 242, 250, 251, 252, 253, 254, 255, 256, 301, 302, 303, 304, 305, 306, 307, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 332, 333, 334
Tract: 9708. Block(s): 101, 102, 103, 104, 105, 106, 107, 108A, 108B, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 205, 206,
207, 208, 209, 210, 211, 214, 215, 216, 301C Tract: 9709.
Block(s): 129A, 131, 134, 135, 136, 301A, 325B VTD: 0018 SHAW DECATUR COUNTY VTD: 0001 ATTAPULGUS VTD: 0002 BAINBRIDGE (Part)
Tract: 9703. Block(s): 267B, 284A, 284B, 285, 286, 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, 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, 383A, 383B, 384, 385, 386, 387, 388, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421A, 421B, 422A, 422B, 423A, 423B, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 436, 437, 438, 439, 440, 441, 442, 443, 444, 445, 446, 447
Tract: 9704. Block(s): 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, 244, 245, 246, 247, 301A, 301B, 302A, 302B, 302C, 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, 341, 342, 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
Tract: 9705. Block(s): 214, 215, 216, 217, 218, 233, 234, 238
Tract: 9706. Block(s): 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 122, 123, 124, 125, 126, 127, 128, 129, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 232, 401, 402A, 402B, 403B, 403C, 416, 417, 418, 419A, 419B, 419C, 420, 421A, 421B, 422A, 422B, 422C
Tract: 9707.
Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 122, 123, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 193, 194, 195, 196, 197
VTD: 0003 WEST BAINBRIDGE (Part) Tract: 9703. Block(s): 144A, 146A, 147A, 157, 158A, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 201A, 202A, 202B, 204A, 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, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260A, 267A, 268, 269, 270A, 271, 272, 273, 274, 275, 276, 277, 278A, 279, 280, 281, 282, 283
VTD: 0005 BELL VTD: 0008 FACEVILLE VTD: 0009 FOWLSTOWN VTD: 0013 RECOVERY

TUESDAY, MARCH 24, 1992

2473

GRADY COUNTY VTD: 0010 DUNCANVILLE VTD: 0015 HIGDON VTD: 0025 MIDWAY (Part) Tract: 9505. Block(s): 325, 326, 327, 328, 329, 333, 334, 424B, 427B, 428, 433, 434, 435 VTD: 0035 RAGAN VTD: 0045 WOODLAND (Part) Tract: 9503. Block(s): 128A, 129A, 129B, 129C, 139, 140, 141, 142, 143, 147, 148, 149, 150, 152, 153, 154, 155, 156, 157, 158, 159, 160 VTD: 0050 CAIRO 4 VTD: 0055 CAIRO 5 (Part) Tract: 9504. Block(s): 401, 402, 403, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419 Tract: 9505. Block(s): 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, 246, 401, 402, 403, 404, 405, 407, 408, 409, 410, 412, 415, 417, 418, 419, 420, 421, 422, 423, 424A, 425, 426, 436, 437, 438, 439
LOWNDES COUNTY VTD: 0005 GARDEN CENTER (Part) Tract: 0109. Block(s): 101, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124A, 125, 126, 127, 140, 141, 142, 143, 144, 145 Tract: 0110. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 216, 217, 301, 302, 303, 304, 305, 306, 307, 322, 323, 335, 336, 337, 338, 339, 340, 341, 342, 343, 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 VTD: 0007 LOMAX-PINEVALE VTD: 0015 AZALEA CITY CHURCH OF GOD (Part) Tract: 0114. Block(s): 309A, 309B, 309C, 310A, 311, 402A, 402B, 417B, 418, 419, 420A, 420B, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 436, 437, 438, 443, 444, 445, 446, 447, 503A, 504A, 505A, 506A VTD: 0016 REDLANDS BAPTIST CHURCH (Part) Tract: 0114. Block(s): 310B, 312, 503B VTD: 0017 SHILOH FIRE STATION (Part) Tract: 0102. Block(s): 495 VTD: 0019 CRAIG RECREATION CENTER
THOMAS COUNTY VTD: 0002 BALFOUR VTD: 0003 BOSTON VTD: 0008 METCALF VTD: 0012 DOUGLAS VTD: 0013 ARMORY (Part) Tract: 9608. Block(s): 166C, 167, 512B, 513B, 514B, 515, 516, 517, 518B, 519B, 520, 521, 522, 523, 524, 525, 526, 527, 528, 530 Tract: 9610. Block(s): 333, 334, 338 VTD: 0015 HARPER

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VTD: 0016 SUSIE DUNLAP
District: 12
STEWART COUNTY WEBSTER COUNTY QUITMAN COUNTY TERRELL COUNTY RANDOLPH COUNTY CLAY COUNTY CALHOUN COUNTY BAKER COUNTY
VTD: 0001 ANNA VTD: 0002 ELMODEL VTD: 0004 MILFORD VTD: 0005 NEWTON DOUGHERTY COUNTY VTD: 0004 LOWER DEERFIELD-WINDSOR 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
District: 13
DOOLY COUNTY CRISP COUNTY TURNER COUNTY WORTH COUNTY IRWIN COUNTY BEN HILL COUNTY
VTD: 0002 EASTERN (Part) Tract: 9601. Block(s): 102 Tract: 9604. Block(s): 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 231, 232, 233, 234, 235, 301, 302, 303, 304, 305, 306, 307, 308, 309, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 351, 352, 411, 412, 413, 414A, 414B, 414C, 414D, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424A, 424B, 425, 426, 427, 428, 429, 430, 431, 432, 433A, 433B, 434 Tract: 9605.
Block(s): 301, 308, 309, 316, 317, 324, 325, 332, 333A, 333B, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421,

TUESDAY, MARCH 24, 1992

2475

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, 504, 505, 506, 507, 508, 509, 510, 511A, 511B, 512, 513, 514A, 514B, 515, 516, 517, 518, 519, 520, 521A, 521B, 522A, 522B, 523A, 523B, 524A, 524B, 525, 526A, 526B, 526C, 527, 528, 529, 530, 531, 532A, 532B, 533, 534, 535, 536, 537, 538, 539, 542, 543A, 543B, 544A, 544B, 544C, 545A, 545B, 546, 547, 548A, 548B, 548C, 548D, 548E, 548F, 549, 550, 551A, 551B, 551C, 552, 553, 554A, 554B, 556, 557, 558, 559, 560, 573, 574, 575, 576, 577, 578, 579, 580, 581, 582, 583, 584, 586, 591, 592 VTD: 0003 WESTERN (Part) Tract: 9603. Block(s): 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125A, 125B, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141A, 141B, 141C, 142A, 142B, 142C, 143, 144A, 144B, 144C, 144D, 145, 146, 147A, 147B, USA, 148B, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 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, 246, 247, 248, 249, 250, 301 A, 301B, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311A, 311B, 312, 313, 314, 315A, 315B, 316, 317A, 317B, 318, 319A, 319B, 319C, 320, 401, 402, 403, 404, 405, 406, 407A, 407B, 408A, 408B, 409A, 409B, 410, 411A, 411B, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425 Tract: 9604. Block(s): 104, 105, 106, 107, 108, 109, 110, 111, 112, 201, 202, 203, 204, 205A, 205B, 206, 207, 208, 209, 210A, 210B, 227, 228, 229, 230, 310, 311, 312, 313, 329, 330, 331, 332, 348, 349, 350 Tract: 9605. Block(s): 101A, 101B, 102A, 102B, 102C, 103A, 103B, 104A, 104B, 105, 106, 107, 108A, 108B, 109A, 109B, 109C, 109D, 109E, 110A, HOB, 111, 112, 113, 114A, 114B, 115, 116, 117A, 117B, 118A, 118B, 119A, 119B, 120, 121, 122A, 122B, 123, 124, 125, 126, 127A, 127B, 127C, 128, 129, 130, 131A, 131B, 131C, 132, 133, 134A, 134B, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149A, 149B, 150, 151A, 151B, 152, 153, 154A, 154B, 155A, 155B, 155C, 156, 157, 201, 202, 203, 204, 205, 206, 207, 208A, 208B, 209, 210A, 210B, 211A, 211B, 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, 246, 247, 248, 249, 250, 251, 252, 302, 303, 304, 305, 306, 307, 310, 311, 312, 313, 314, 315, 318, 319, 320, 321, 322, 323, 326, 327, 328, 329, 330, 331, 334, 335, 336, 337, 338A, 338B, 338C, 338D, 338E, 339, 340A, 340B, 340C, 340D, 341, 342A, 342B, 343, 344A, 344B, 345, 346, 347, 348, 349, 350, 351, 352, 353, 354, 355, 356, 357, 358, 359, 360, 361, 362, 363, 364, 365, 366, 367, 368, 369A, 369B, 369C, 370, 555 COLQUITT COUNTY VTD: 0001 BRIDGE CREEK (Part) Tract: 9709. Block(s): 224, 263, 264, 275, 301B, 317, 318, 319, 320, 322, 323, 324, 325A, 325C, 326, 327, 328, 329, 330, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418A, 418B, 418C, 418D, 419, 420, 459, 460, 461, 462 VTD: 0002 CROSLAND VTD: 0003 DOERUN VTD: 0004 FUNSTON (Part) Tract: 9709. Block(s): 101, 102, 103A, 103B, 104A, 104B, 105, 106, 107, 108t 109, 118, 119, 120, 121, 122, 123A, 123B, 124, 125, 126, 127A, 127B, 128, 129B, 130, 132, 133, 223, 308A, 309, 310, 311, 312, 313, 314A VTD: 0005 HAMILTON VTD: 0007 LEE VTD: 0008 MILL CREEK

2476

JOURNAL OF THE SENATE

VTD: 0009 MONK VTD: 0010 MOULTRIE (Part)
Tract: 9703. Block(s): 215A, 215B
Tract: 9704. Block(s): 107A, 108A, 108B, 109A, 110A, 111, 112, 119, 120, 121, 126, 127, 136A, 138A, 139, 140, 141, 142, 143, 201A, 203A, 204, 205, 206, 207, 208, 209, 210, 211, 232, 233, 234, 235A, 236A, 237A, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 335A, 337, 340, 341, 342
Tract: 9706. Block(s): 102A, 104A, 104B, 105A, 106A, 108A, 108C, 116A, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126A, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139A, 139B, 301, 302A, 302B, 304, 305, 306A, 307A, 308A, 314A, 315A, 316, 317, 318, 322A
Tract: 9707. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121A, 121B, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131A, 131B, 132, 133, 134, 135, 136, 137, 138, 139, 201, 202, 203, 204, 217, 218, 219, 220, 230, 231, 232, 233, 234, 235, 243, 244, 245, 246, 247, 248, 249, 257, 258, 308, 309, 310, 311, 312, 313, 330, 331, 335, 336, 337, 338, 339, 340, 341, 342, 343, 401, 402A, 402B, 403A, 403B, 404A, 404B, 405, 406A, 406B, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419A, 419B, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 501A, 502, 503, 505, 506, 509A, 510A, 511A, 512A, 513A, 513B, 513C, 514, 515, 516A, 517A, 518A, 519, 520A, 521A, 522A, 537, 538A, 601, 602, 603, 604, 605, 606, 607, 608, 609, 610, 611, 612, 613, 614, 615, 616, 617, 618, 619, 620, 621, 622A, 622B, 623A, 623B, 624, 625A, 626A, 627, 628, 629, 630
Tract: 9708. Block(s): 131, 132, 133, 201, 202, 203, 204, 212, 213, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 301A, 301B, 301D, 301E, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418
VTD: 0011 MURPHY VTD: 0012 NORMAN PARK VTD: 0013 ROBINSON VTD: 0014 THIGPEN VTD: 0015 TY TY VTD: 0016 WARRIOR VTD: 0017 HOPEWELL VTD: 0019 AUTREYVILLE COOK COUNTY VTD: 0001 ADEL WEST VTD: 0004 LENOX VTD: 0005 MASSEE VTD: 0007 SPARKS VTD: 0008 ADEL EAST
District: 14
TAYLOR COUNTY PEACH COUNTY MACON COUNTY SCHLEY COUNTY SUMTER COUNTY LEE COUNTY DOUGHERTY COUNTY
VTD: 0001 NATIONAL GUARD ARMORY VTD: 0002 NW LIBRARY

TUESDAY, MARCH 24, 1992

2477

VTD: 0003 PORTERFIELD METH CH GYM 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
District: 15
CHATTAHOOCHEE COUNTY 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: 16
TALBOT COUNTY MARION COUNTY HARRIS COUNTY
VTD: 0001 CATAULA VTD: 0002 ELLERSLIE VTD: 0003 FLAT SHOALS VTD: 0004 GOODMAN VTD: 0005 HAMILTON VTD: 0006 LOWER 19TH VTD: 0007 PINE MOUNTAIN VALLEY VTD: 0009 UPPER 19TH VTD: 0010 VALLEY PLAINS VTD: 0011 WAVERLY HALL VTD: 0012 WHITESVILLE 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 VTD: 0023 WOOD

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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: 17
HENRY COUNTY BUTTS COUNTY NEWTON COUNTY
VTD: 0004 BREWERS VTD: 0005 BRICK STORE VTD: 0007 DOWNS VTD: 0009 MANSFIELD VTD: 0010 NEWBORN VTD: 0012 ROCKY PLAINS VTD: 0013 STANSELL VTD: 0014 LEGUIN ROCKDALE COUNTY VTD: 0002 FIELDSTONE VTD: 0004 HONEY CREEK VTD: 0006 LORRAINE VTD: 0007 MAGNET VTD: 0013 STANTON VTD: 0015 BARKSDALE
District: 18
HOUSTON COUNTY BLECKLEY COUNTY PULASKI COUNTY BIBB COUNTY
VTD: 0014 GODFREY 05 VTD: 0033 RUTLAND 02
District: 19
DODGE COUNTY TELFAIR COUNTY WILCOX COUNTY JEFF DAVIS COUNTY COFFEE COUNTY ATKINSON COUNTY BEN HILL COUNTY
VTD: 0001 WILLIAMSON MILL VTD: 0002 EASTERN (Part)
Tract: 9601. 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, 133, 134, 135, 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,

TUESDAY, MARCH 24, 1992

2479

180, 181, 182, 183, 184, 185, 186, 187, 188, 189, 190, 191, 192, 193, 194, 195, 196, 197 Tract: 9602. Block(s): 101, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151 Tract: 9605. Block(s): That part of Block 501 lying east of County Road 11 Block(s): 502, 503, 540, 541, 561, 562, 563, 564, 565, 566, 567, 568, 569, 570, 571, 572, 585, 587, 588, 589, 590 VTD: 0003 WESTERN (Part) Tract: 9601. Block(s): 136, 137, 138, 139, 140, 141, 143, 144 Tract: 9602. Block(s): 102, 103, 104, 105, 106, 126, 127, 128, 129, 130, 131, 132, 133, 134, 152, 153, 154, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 183 Tract: 9603. Block(s): 101 VTD: 0004 SPECIAL EAST LAURENS COUNTY VTD: 0001 NATIONAL GUARD VTD: 0002 SHAMROCK VTD: 0003 CALHOUN PARK VTD: 0004 BETHSADIA (Part) Tract: 9502. Block(s): 146, 147, 148, 149, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 178, 179, 180, 182, 183, 184, 185, 186, 187, 188, 241, 242, 243, 244, 245, 246, 247A, 247B, 247C, 247D, 247E, 247F, 248, 249, 250, 251, 252, 253, 254, 255, 256, 260, 261, 262, .263, 264, 265, 266, 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, 326C, 327B, 328, 329B, 330, 331, 332, 333, 334, 335, 336B, 349B, 356, 357, 433E, 433F, 435B Tract: 9503. Block(s): 101A, 101B, 101C, 102, 103, 104A, 104B, 105, 106, 107B, 108B, 110, 111, 112, 113, 114, 115A, 115B, 116, 117A, 117B, 118A, 118B, 119, 120A, 120B, 121, 122, 123A, 123B, 124A, 124B Tract: 9505. Block(s): 229, 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, 335A, 335B, 335C, 336, 337, 338, 339, 340, 341, 342, 343, 344A, 344B, 345B, 347B, 348B, 349, 350, 351, 352, 353, 354, 355, 356, 357, 358, 359, 360, 361 Tract: 9508. Block(s): 301, 302A, 302B, 302C, 303A, 303B, 304A, 304B, 305, 306, 307, 308, 309A, 309B, 309C, 310A, 310B, 311, 312, 313A, 313B, 313C, 314B, 314C, 315A, 315B, 316A, 316B, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328A, 328B, 328C, 329, 330A, 330B, 331A, 331B, 331C, 332A, 332B, 332C, 333, 334, 335, 336A, 336B, 337A, 337B, 338A, 338B, 339, 340A, 340B, 340C, 341A, 341B, 341C, 342, 343, 344, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421 VTD: 0009 CADWELL VTD: 0011 DUDLEY VTD: 0012 HAMPTON MILL
District: 20
EMANUEL COUNTY JOHNSON COUNTY

2480

JOURNAL OF THE SENATE

CANDLER COUNTY TREUTLEN COUNTY TOOMBS COUNTY MONTGOMERY COUNTY WHEELER COUNTY LAURENS COUNTY
VTD: 0004 BETHSADIA (Part) Tract: 9502. Block(s): 140, 141, 142, 143, 144, 145, 150, 151, 171, 172A, 173
VTD: 0005 BAILEY VTD: 0006 BUCKEYE VTD: 0007 BURCH VTD: 0008 BURGAMY VTD: 0010 CARTER VTD: 0013 HARVARD VTD: 0014 JACKSON VTD: 0015 LOWERY VTD: 0016 OCONEE VTD: 0017 PINETUCKY VTD: 0018 REEDY SPRINGS VTD: 0019 ROCKLEDGE VTD: 0020 SMITH WASHINGTON COUNTY VTD: 0001 OCONEE VTD: 0002 HARRISON VTD: 0004 SANDERSVILLE VTD: 0005 DEEP STEP VTD: 0008 TENNILLE WILKINSON COUNTY VTD: 0003 BLOODWORTH VTD: 0004 GRIFFIN VTD: 0005 HIGH HILL VTD: 0006 IVEY VTD: 0007 LORD VTD: 0011 TURKEY CREEK
District: 21
COBB COUNTY VTD: 0003 BELLS FERRY 1 VTD: 0004 BELLS FERRY 2 VTD: 0005 BELLS FERRY 3 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: 0305.03 Block(s): 302B, 302C, 302D, 303, 304, 305, 306, 307C, 308B, 309C, 309D, 310, 311,

TUESDAY, MARCH 24, 1992

2481

312, 313, 314B, 315C, 318B, 401, 402B, 404, 405, 406B, 411B, 411C, 411D, 412B, 413B VTD: 0026 ELIZABETH 5 AND SEWELL MILL 1 VTD: 0033 FULLERS 1 AND FULLERS 2 (Part) Tract: 0304.01 Block(s): 907B, 908, 920B, 920C Tract: 0304.02 Block(s): 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 216, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 601B, 602, 603, 604B, 605, 606, 608, 609, 611, 613, 614, 615B, 649, 650 Tract: 0304.05 Block(s): 205B, 301, 302, 303, 304, 401C, 401D, 401E, 402B, 403, 404, 405, 406B, 407C, 501, 502, 503, 504, 601B, 601C, 602B, 603C, 701B, 702, 703, 704B, 901, 902, 903, 904, 905 VTD: 0035 FULLERS 3 VTD: 0036 FULLERS 4 (Part) Tract: 0304.05 Block(s): 407A, 407F Tract: 0304.06 Block(s): 801C VTD: 0038 GARRISON MILL VTD: 003. 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: 0062 MARIETTA 6 (Part) Tract: 0304.01 Block(s): 901A, 906A, 907A, 919A, 920A, 920D Tract: 0304.02 Block(s): 601A, 604A, 615A Tract: 0304.05 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 Tract: 0305.03 Block(s): 202A, 205A, 207, 302A, 307A, 307B, 308A, 309A, 309B, 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 VTD: 0063 MARIETTA 7 (Part) Tract: 0304.05 Block(s): 401B, 406A, 407B, 408, 410 Tract: 0304.06 Block(s): 801A VTD: 0068 MT. BETHEL 2 (Part) Tract: 0303.17 Block(s): 601, 602, 603, 604, 605, 606, 607, 608, 609, 610, 701, 702, 703 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: 0086 POST OAK 6 VTD: 0087 POST OAK 8

2482

JOURNAL OF THE SENATE

VTD: 0092 SEWELL MILL 2 VTD: 0093 SEWELL MILL 3 AND SEWELL MILL 4 (Part)
Tract: 0304.01 Block(s): 106, 117, 118, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 901B, 902, 903, 904, 905, 906B, 909, 910, 911, 912, 913, 914, 915, 916, 917, 918, 919B, 920E
Tract: 0304.02 Block(s): 122, 127
Tract: 0305.03 Block(s): 201, 202B, 203, 204, 205B, 205C, 206, 419B, 419C, 501B, 502C, 503B, 503C, 504, 505, 506, 507, 508
VTD: OOA3 SOPE CREEK 1 VTD: OOB3 GRITTERS 8 VTD: OOB4 GRITTERS 11 VTD: OOB5 GRITTERS 10 VTD: OOB7 GRITTERS 9
District: 22
BURKE COUNTY 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: 0014 5B VTD: 0016 6A VTD: 0017 6B VTD: 0018 6C VTD: 0019 7 (Part)
Tract: 0001. Block(s): 212, 301, 411, 412
Tract: 0011. Block(s): 209, 210, 211, 212, 213, 214, 215, 216, 217, 301, 302, 303, 310, 311, 312, 315
VTD: 0021 8 VTD: 0023 8B VTD: 0024 8C VTD: 0026 85-1 VTD: 0027 85-2 VTD: 0028 85-3 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, 133, 134, 135, 136, 137, 138, 201, 202, 203, 204, 225, 433, 434, 435, 436, 437, 438, 439, 440, 441, 442, 443, 444, 456, 457, 458, 459, 460, 461, 462, 463, 464, 465, 466, 467, 468, 469, 470, 471, 472, 484, 485
VTD: 0036 86-8 (Part) Tract: 0106. Block(s): 929A, 929B, 930A, 930B, 931, 932, 934, 936B, 941, 942, 943, 945, 946,

TUESDAY, MARCH 24, 1992

2483

947, 948B, 949, 950, 951, 952, 953, 954, 955, 956, 957, 958, 959, 960, 961, 962,
963, 964, 965, 973 Tract: 0107.06
Block(s): 101, 102, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 123, 126, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160,
166, 167, 168, 169, 170, 171, 172, 173, 175, 176, 177, 178
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: 0068 FG6
District: 23
COLUMBIA COUNTY VTD: 0009 PRECINCT EIGHTY VTD: 0010 PRECINCT NINETY VTD: 0011 PRECINCT ONE HUNDRED VTD: 0012 PRECINCT ONE HUNDRED TEN VTD: 0015 PRECINCT ONE HUNDRED THIRTYFIVE (Part)
Tract: 0301.01 Block(s): 402
Tract: 0301.02 Block(s): 101, 102, 103, 104B, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115B, 130, 131, 132, 133
VTD: 0017 PRECINCT ONE HUNDREDTWENTYFIVE VTD: 0018 PRECINCT EIGHTYFIVE
RICHMOND COUNTY VTD: 0012 5 VTD: 0013 5A VTD: 0015 6 VTD: 0019 7 (Part) Tract: 0001. Block(s): 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 213, 302, 303, 304,
305, 409, 410, 413 Tract: 0002.
Block(s): 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311 Tract: 0011.
Block(s): 101, 102, 103, 104, 105 VTD: 0020 7A VTD: 0022 8A VTD: 0029 86-1 VTD: 0030 86-2 VTD: 0031 86-3 VTD: 0033 86-5 VTD: 0034 86-6 (Part)
Tract: 0109.02

2484

JOURNAL OF THE SENATE

Block(s): 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 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, 445, 446, 447, 448, 449, 450, 451, 452, 453, 454, 455, 473, 474, 475, 476, 477, 478, 479, 480, 481, 482, 483, 486, 487, 488, 489, 490, 491, 492, 493, 494, 495, 496, 497
VTD: 0035 86-7 VTD: 0036 86-8 (Part)
Tract: 0107.06 Block(s): 103, 104, 105, 106, 107, 108, 109, 110, 122, 124, 125, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 161, 162, 163, 164, 165, 174, 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: 0063 FG1 VTD: 0064 FG2 VTD: 0066 FG4 VTD: 0067 FG5
District: 24
OGLETHORPE COUNTY WILKES COUNTY LINCOLN COUNTY MORGAN COUNTY MCDUFFIE COUNTY GLASCOCK COUNTY COLUMBIA COUNTY
VTD: 0001 PRECINCT TEN VTD: 0002 PRECINCTS TWENTY AND THIRTY VTD: 0003 PRECINCT TWENTYFIVE VTD: 0005 PRECINCTS FORTY AND FIFTY VTD: 0007 PRECINCT SIXTY VTD: 0008 PRECINCT SEVENTY VTD: 0013 PRECINCT ONE HUNDRED TWENTY VTD: 0014 PRECINCT ONE HUNDRED THIRTY VTD: 0015 PRECINCT ONE HUNDRED THIRTYFIVE (Part)
Tract: 0301.01 Block(s): 401, 403, 404, 405, 406, 407
VTD: 0016 PRECINCT SIXTYFIVE VTD: 0019 PRECINCT SEVENTYFIVE JEFFERSON COUNTY VTD: 0001 STAPLETON CROSSROADS VTD: 0002 MATTHEWS VTD: 0003 WRENS VTD: 0004 LOUISVILLE (Part)
Tract: 9601. Block(s): 582, 583, 589, 591

TUESDAY, MARCH 24, 1992

2485

Tract: 9603. Block(s): 103, 104, 105, 122, 123, 124, 128, 129, 131, 132, 133, 134, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 184, 185, 186, 187, 188, 189, 190, 191, 192, 193, 194, 195, 196, 197, 301, 302, 303, 304, 305, 306, 307, 317, 318, 601, 602, 603, 604, 605, 606, 607, 608, 615, 616, 617, 618, 619, 620, 621, 622, 623, 624, 625, 626, 627, 628, 629, 630, 631, 632, 633, 634, 635, 636, 637, 638, 639, 640, 641, 642, 643, 644, 645, 646, 647, 648, 649, 667, 668, 669, 670, 671, 672, 673, 674, 675, 676, 677, 678, 679, 680, 681, 682, 683, 687, 688, 689, 690, 694, 695, 696, 697
VTD: 0007 STAPLETON VTD: 0008 AVERA OCONEE COUNTY VTD: 0003 SCHULL SHOALS VTD: 0004 FARMINGTON WARREN COUNTY VTD: 0002 CAMAK VTD: 0005 RICKETSON VTD: 0006 PAN HANDLE
District: 25
GREENE COUNTY TALIAFERRO COUNTY JASPER COUNTY PUTNAM COUNTY HANCOCK COUNTY BALDWIN COUNTY JEFFERSON COUNTY
VTD: 0004 LOUISVILLE (Part) Tract: 9603. Block(s): 106, 107, 108, 109, 110, 113, 130, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 166, 167A, 167B, 167C, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177A, 177B, 177C, 177D, 178, 179, 180A, 180B, 181A, 181B, 182, 183A, 183B, 201, 202, 203A, 203B, 203C, 203D, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214A, 214B, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 308, 309, 310, 311, 312, 313, 314, 315, 316, 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, 370, 371, 372, 373, 374, 375, 376, 377, 378, 379, 380, 381, 382, 383, 384, 385, 386, 387, 388, 389, 390, 391, 392, 393, 395, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419A, 419B, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 436, 437, 438, 439, 440, 441, 442, 443A, 443B, 444, 445, 446, 447, 448A, 448B, 449A, 449B, 450, 451, 501, 502, 503, 504, 505, 506, 507, 508A, 508B, 508C, 509, 510, 511, 512, 513, 514, 515, 516, 517, 518, 519, 520, 521, 522, 523, 524, 525, 526, 527, 528, 529, 530A, 530B, 531, 532, 533, 534, 535, 536, 537, 538, 539, 540, 541, 542, 543, 544, 545, 546, 547, 548, 549, 550, 551, 552, 553, 554, 555, 556, 557, 558, 559, 560, 561, 562, 563, 564, 565, 566, 567, 568, 569, 570, 571, 572, 573, 574, 575, 576, 577, 578, 579, 580, 581, 582, 609, 610, 611, 612, 613, 614, 650A, 650B, 650C, 650D, 650E, 650F, 651, 652, 653, 654, 655A, 655B, 655C, 656A, 656B, 657A, 657B, 658, 659, 660, 661, 662A, 662B, 662C, 663, 664, 665, 666, 684, 685, 686, 691, 692, 693 Tract: 9604. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 113, 115, 136, 137, 138, 144, 145, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 197
VTD: 0005 WADLEY VTD: 0006 BARTOW JONES COUNTY VTD: 0001 BARRON AND CLINTON

2486

JOURNAL OF THE SENATE

VTD: 0002 FINNEY AND WHITE VTD: 0003 GRAY VTD: 0004 POPE VTD: 0005 ROBERTS VTD: 0006 SANDERS VTD: 0007 DAVIDSON VTD: 0008 ROBERTS 4 (Part)
Tract: 0301.02 Block(s): 210, 211, 212, 217, 218, 230, 901, 902, 903A, 903B, 904B, 905, 906, 907, 908, 909, 910, 911, 912, 913, 914C, 915, 916, 917, 918, 919, 920, 921, 929B, 933, 934, 951, 952
WARREN COUNTY VTD: 0001 WARRENTON VTD: 0003 NORWOOD VTD: 0004 BEALL SPRINGS
WASHINGTON COUNTY VTD: 0003 DAVISBORO VTD: 0006 RIDDLEVILLE VTD: 0007 WARTHEN
District: 26
TWIGGS COUNTY 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: 0015 GODFREY 06 VTD: 0016 GODFREY 07 VTD: 0017 GODFREY 08 VTD: 0018 GODFREY 09 VTD: 0019 HAZARD 05 VTD: 0020 HAZARD 06 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: 0041 VINEVILLE 08 VTD: 0043 MACON 02 VTD: 0044 MACON 01 JONES COUNTY VTD: 0008 ROBERTS 4 (Part)
Tract: 0301.02 Block(s): 904A, 914A, 914B, 922, 923, 924, 925, 926, 927, 928, 929A, 930, 931, 932,

TUESDAY, MARCH 24, 1992

2487

935, 936, 937, 938, 939, 940, 941A, 941B, 942A, 942B, 943, 944, 945, 946, 947, 948, 949, 950 WILKINSON COUNTY VTD: 0001 IRWINTON VTD: 0002 BETHEL VTD: 0008 MIDWAY VTD: 0009 PASSMORE VTD: 0010 RAMAH
District: 27
LAMAR COUNTY MONROE COUNTY UPSON COUNTY CRAWFORD COUNTY BIBB COUNTY
VTD: 0009 EM09 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: 0039 VINEVILLE 06 VTD: 0042 VINEVILLE 09 VTD: 0045 WA 01 VTD: 0046 WA 02 VTD: 0047 HAZARD 02 VTD: 0048 HAZARD 04
District: 28
COWETA COUNTY FAYETTE COUNTY
VTD: 0002 BROOKS VTD: 0011 SHAKERAG EAST VTD: 0012 SHAKERAG WEST VTD: 0013 STARRSMILL VTD: 0014 WHITEWATER VTD: 0015 WOOLSEY VTD: 0016 MCINTOSH VTD: 0017 OAK GROVE AND FLAT CREEK AND PART BRAELINN VTD: 0018 KEDRON VTD: 0019 ABERDEEN VTD: 0020 WINDGATE VTD: 0022 BRAELINN SPALDING COUNTY VTD: 0003 GRIFFIN THREE VTD: 0005 GRIFFIN FIVE (Part)
Tract: 1605. Block(s): 123A, 123B, 125, 126, 127A, 127B, 129A, 147A, 148A, 150A, 151A, 152A, 153A, 155, 160A, 161A, 162A, 162B, 163A, 165, 174A, 174B, 174C, 175, 176, 177A, 177B
Tract: 1607.

2488

JOURNAL OF THE SENATE

Block(s): 520A, 521A, 522A, 523A, 524A, 526A, 527A, 528A, 528B, 529, 530A, 531, 532A, 532B
VTD: 0007 GRIFFIN SEVEN VTD: 0008 AFRICA VTD: 0009 AKIN VTD: 0010 CABIN VTD: 0011 EAST GRIFFIN VTD: 0012 EXPERIMENT (Part)
Tract: 1605. Block(s): 121, 122, 123C, 124, 128, 129B, 130, 140, 141, 142, 143, 144, 145, 146, 147B, 148B, 149, 150B, 151B, 152B, 162C, 163B, 164, 173A, 173B
Tract: 1607. Block(s): 520B, 521B, 522B, 523B
VTD: 0013 LINE CREEK VTD: 0014 MOUNT ZION VTD: 0015 ORRS WEST (Part)
Tract: 1605. Block(s): 160B, 161B, 178, 179
Tract: 1607. Block(s): 524B, 525, 526B, 527B, 532C, 533, 540, 548, 549, 550, 551
Tract: 1612. Block(s): 119B, 120, 121, 122, 123B, 318, 321B, 404, 406B, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 427, 430, 432, 433, 434, 435, 436, 437, 438, 439, 448, 449, 450, 451, 452, 453, 454, 455, 456, 457, 458, 459, 460, 461
VTD: 0016 UNION
District: 29
HEARD COUNTY MERIWETHER COUNTY TROUP COUNTY PIKE COUNTY HARRIS COUNTY
VTD: 0008 SKINNER SPALDING COUNTY
VTD: 0001 GRIFFIN ONE VTD: 0002 GRIFFIN TWO VTD: 0005 GRIFFIN FIVE (Part)
Tract: 1604. Block(s): HOB, 113B, 120B, 121, 122, 201B, 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, 246, 247, 248B, 249, 250, 251B, 252, 253, 254
Tract: 1605. Block(s): 166, 167
Tract: 1608. Block(s): 401, 402, 403, 407, 408, 421B
VTD: 0006 GRIFFIN SIX VTD: 0012 EXPERIMENT (Part)
Tract: 1603. Block(s): 201, 202, 203, 204, 205, 206, 207, 208B, 209, 210, 211, 212, 213B, 215, 216B
Tract: 1604. Block(s): 106, 107, 108, 109, 110A, 111, 112, 113A, 119, 120A, 123A, 124, 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, 160A, 161, 162A, 163A, 164A, 164B, 169, 170, 201A
VTD: 0015 ORRS WEST (Part)

TUESDAY, MARCH 24, 1992

2489

Tract: 1607. Block(s): 516B, 517B, 530B, 532D, 557, 558, 559
Tract: 1612. Block(s): 312A, 312B, 401, 402, 403, 405B, 422, 423, 424, 425, 426, 428A, 428B, 429, 431, 440, 441, 442, 443, 444, 445, 446, 447
District: 30
CARROLL COUNTY DOUGLAS COUNTY
VTD: 0001 DOUGLASVILLE VTD: 0003 STEWART VTD: 0004 ARBOR STATION VTD: 0005 DORSETT SHOALS VTD: 0007 MOUNT CARMEL (Part)
Tract: 0802. Block(s): 504, 505, 506, 507, 508, 509, 510
Tract: 0806.01 Block(s): 102A, 102B, 204, 205, 301, 302A, 302B, 303, 305F, 305K, 307, 308, 309
VTD: 0008 WINSTON VTD: 0009 FAIRPLAY VTD: 0010 MIDDLE VTD: 0011 BILL ARP
District: 31
POLK COUNTY PAULDING COUNTY HARALSON COUNTY BARTOW COUNTY
VTD: 0003 CARTERSVILLE (Part) Tract: 9603.98 Block(s): 215, 216, 217, 218, 219, 220, 223, 224, 225, 285, 286, 287, 288, 289, 290 Tract: 9604. Block(s): 118A, 118B, 118C, 118D, 118E, 119, 120A, 120B, 121A, 121B, 122A, 122B, 129, 130, 131, 132A, 132B, 133A, 133B, 134 Tract: 9605. Block(s): 101, 102A, 102B, 103, 104A, 104B, 105A, 105B, 106A, 106B, 107, 108, 109, 110, 111, 112A, 112B, 112C, 113, 114, 115, 116A, 116B, 117A, 117B, 117C, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131A, 131B, 132A, 132B, 133A, 133B, 134A, 134B, 135, 136, 137, 138, 139, 140, 201, 202, 203A, 203B, 203C, 204, 205, 206, 207A, 207B, 207C, 207D, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 304, 333, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417A, 417B, 418A, 418B, 419, 420A, 420B, 421A, 421B, 421C, 422, 423 Tract: 9606. Block(s): 101, 102, 103, 104, 105, 106A, 106B, 106C, 107, 108A, 108B, 109, 110, 111A, 111B, 112A, 112B, 113A, 113B, 114A, 114B, 114C, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124A, 124B, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 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, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425A, 425B, 426, 427, 428A, 428B, 429A, 429B, 430, 431A, 431B, 431C, 431D, 432A, 432B, 433, 501A, 501B, 501C, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 516, 517, 518, 519, 520, 521, 522, 523A, 523B, 524A, 524B, 601, 602A, 602B, 602C, 603, 604, 605, 606, 607, 608A, 608B, 608C, 609, 610, 611, 612, 613, 614A, 614B,

2490

JOURNAL OF THE SENATE

614C, 614D, 615, 616, 617A, 617B, 617C, 618A, 618B, 618C, 618D, 618E, 619, 620, 621, 622, 623, 624 Tract: 9607. Block(s): 137, 138, 139, 140A, 140B, 140C, HOD, 141A, 141B, 142, 143A, 143B, 144A, 144B, 145, 146, 147, 148, 149, 150, 151, 152A, 152B, 153, 154, 155, 156, 157, 158, 159A, 159B, 160, 161, 162A, 162B, 163, 164, 165A, 165B, 167, 168, 201, 202, 203A, 203B, 203C, 204A, 204B, 205, 206A, 206B, 206C, 206D, 206E, 206F, 207A, 207B, 208, 209, 210, 211, 212, 213A, 213B, 214A, 214B, 214C, 214D, 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, 301A, 301B, 301C, 301D, 302A, 302B, 303A, 303B, 304A, 304B, 304C, 304D, 304E, 305A, 305B, 305C, 306A, 306B, 307A, 307B, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321A, 321B, 321C, 322, 323, 324, 325, 326, 327, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 516, 517, 518, 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 Tract: 9608. Block(s): 524, 525A, 525B, 525C, 526, 527, 528, 529, 530A, 530B, 531A, 531B, 531C, 532, 533, 534, 535 Tract: 9609. Block(s): 101, 102, 103, 104, 105A, 105B, 105C, 105D, 105E, 106, 107, 108A, 108B, 108C, 108D, 108E, 109, 110, 111, 112, 113A, 113B, 114A, 114B, 114C, 114D, 115A, 115B, 201A, 201B, 202, 203, 204, 205, 206A, 206B, 207, 208, 209, 210, 211A, 211B, 211C, 212, 213, 214A, 214B, 215A, 215B, 215C, 215D, 215E, 215F, 215G, 215H, 216, 217, 218, 219, 220, 221A, 221B, 221C, 221D, 222, 223, 224, 225, 226A, 226B, 227A, 227B, 228, 229, 230, 231, 232, 301A, 301B, 301C, 302, 303, 304A, 304B, 305A, 305B, 306A, 306B, 306C, 307A, 307B, 308A, 308B, 308C, 308D, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336A, 336B, 337, 338, 339, 340, 341, 342, 349, 350 VTD: 0007 EUHARLEE VTD: 0009 IRON HILL AND TAYLORSVILLE
District: 32
COBB COUNTY VTD: 0009 BIRNEY 1 VTD: 0010 BISHOP LAKE VTD: 0011 CHATTAHOOCHEE 1 VTD: 0012 CHATTAHOOCHEE 2 VTD: 0014 CHESTNUT RIDGE VTD: 0016 DICKERSON VTD: 0017 DOBBINS 1 (Part) Tract: 0311.01 Block(s): 101B, 101C, 101D, 103, 104, 106B, 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): 102E, 102F, 102G, 103B, 106B, 107B, 201B, 204B, 204C, 204D, 205B, 215B, 411B, 411C VTD: 0019 DODGEN VTD: 0021 EASTSIDE

TUESDAY, MARCH 24, 1992

2491

VTD: 0036 FULLERS 4 (Part) Tract: 0304.05 Block(s): 407D, 407E, 407G, 409 Tract: 0304.06 Block(s): 801B
VTD: 0037 FULLERS 5 VTD: 0055 MABLETON 4 VTD: 0067 MT. BETHEL 1 VTD: 0068 MT. BETHEL 2 (Part)
Tract: 0303.17 Block(s): 501, 502, 503, 504, 505, 506, 507, 508
VTD: 0069 MT. BETHEL 3 VTD: 0071 NORTON PART 1 (Part)
Tract: 0311.05 Block(s): 105B, 107B, 112, 116D, 116E, 116F, 116G, 117, 118, 124B, 126B, 126C, 127, 128B, 129, 130B, 130C, 132, 135C, 136B, 136C, 137B, 139B, 602, 603, 604, 615, 621, 623 Tract: 0311.06 Block(s): 409, 410 Tract: 0311.07 Block(s): 404, 405, 406, 407, 408, 411, 413, 414, 415, 419, 420, 422
VTD: 0072 NORTON PART 2 VTD: 0073 OAKDALE 1 VTD: 0074 OAKDALE 2 VTD: 0076 OREGON 2 VTD: 0085 POST OAK 5 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: OOA4 SOAP CREEK 2 VTD: OOA5 SOAP CREEK 3 VTD: OOA9 VININGS 1 VTD: OOB1 VININGS 2 VTD: OOB2 VININGS 3 VTD: OOC2 BIRNEY 2
District: 33
COBB COUNTY VTD: 0002 AUSTELL VTD: 0015 CLARKDALE VTD: 0017 DOBBINS 1 (Part) Tract: 0311.08 Block(s): 102A 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, 102B, 301B, 301C, 401C, 401D, 401E, 401F, 501D Tract: 0305.03

2492

JOURNAL OF THE SENATE

Block(s): 208B Tract: 0308.
Block(s): 208, 209C, 209D, 215B, 312B, 312C, 318B Tract: 0310.01
Block(s): 901, 902, 903, 904, 905, 906, 907A, 907B, 908, 909A, 909B, 910C, 910E, 910F, 910G, 910H, 910J, 910K, 910L, 910M, 910N, 910P, 913, 914, 915A, 915B, 915C, 915D, 916, 917, 918, 919A, 919B, 920, 921, 922, 923, 924A, 924B, 924C, 925B, 925C
Tract: 0311.08 Block(s): 102H, 102J, 202B, 209B, 301, 302, 303B, 305, 306, 307, 309, 310B, 311, 312, 313B, 313C, 314B, 316, 317, 318, 320B, 321B, 322, 401D, 401E, 403, 404A, 404B, 405A, 405C, 406, 407, 408, 409B, 41 ID
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): 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, 325B, 405C, 419B, 420B, 421B, 422B, 423B, 424F, 424G, 424H, 424J, 424K, 424L, 424M, 425B, 425C, 501D, 501E, 601, 602, 603, 604, 605, 606C, 606D, 606E, 607B, 607C, 609, 701, 702, 703B, 704B, 705B, 706C, 707, 708B, 708C, 708D, 708E, 708F, 709, 710, 711B, 711C, 711D, 712, 713B
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) Tract: 0305.02 Block(s): 301, 302B, 303C, 303D, 303E, 304B, 305C, 305D, 305E, 306, 307, 308, 309, 310, 316B, 317B, 317C, 318B, 319
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
Tract: 0309.03 Block(s): 202B
Tract: 0310.02 Block(s): 101, 102, 209A, 210C, 313B, 313C, 224A
VTD: 0036 FULLERS 4 (Part)

TUESDAY, MARCH 24, 1992

2493

Tract: 0304.06 Block(s): 601, 602C, 503, 701B, 702, 703
VTD: 0046 HOWELLS 1 (Part) Tract: 0313.02 Block(s): 111, 117
VTD: 0048 HOWELLS 3 VTD: 0052 MABLETON 1 VTD: 0053 MABLETON 2 VTD: 0054 MABLETON 3 VTD: 0056 MACLAND (Part)
Tract: 0315.01 Block(s): HOD, HOE, HOG
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, 401D, 402B, 801B, 801C
VTD: 0057 MARIETTA 1 VTD: 0059 MARIETTA 3 VTD: 0060 MARIETTA 4 (Part)
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, 405A, 405B, 419A, 420A, 421A, 422A, 423A, 424A, 424B, 424C, 424D, 424E, 425A, 426, 606A, 606B, 607A, 608, 703A, 704A, 705A, 706A, 708A, 708G '
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
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 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: 0304.04 Block(s): 301A, 302 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, 208A, 209, 210, 211, 212, 213, 214, 215, 216, 314A, 315A, 601, 602, 603, 604 Tract: 0307. Block(s): 106, 107, 109, 201

2494

JOURNAL OF THE SENATE

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: 0304.06 Block(s): 602A, 602B, 602D, 701A 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: 0071 NORTON PARK 1 (Part)
Tract: 0311.05 Block(s): 601, 620, 624, 625
VTD; 0078 OREGON 4 VTD: 0080 PEBBLEBROOK VTD: 0089 POWDER SPRINGS VTD: OOA6 SWEETWATER 1 VTD: OOA7 SWEETWATER 2 VTD: OOA8 SWEETWATER 3 VTD: OOB9 MARIETTA 2B (Part)
Tract: 0310.02 Block(s): 209B
District: 34
CLAYTON COUNTY VTD: 0007 JONESBORO 1 (Part) Tract: 0405.08 Block(s): 404, 405, 407, 408, 409, 410, 411, 412, 413, 414, 418, 419 VTD: 0008 JONESBORO 2 (Part) Tract: 0405.08 Block(s): 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 516, 523, 524 VTD: 0010 JONESBORO 5 (Part) Tract: 0406.05 Block(s): 321, 322 VTD: 0011 JONESBORO 6 VTD: 0014 LOVEJOY 1 VTD: 0015 LOVEJOY 2 VTD: 0016 LOVEJOY 3 VTD: 0025 PAN HANDLE VTD: 0027 RIVERDALE 2 (Part) Tract: 0405.05 Block(s): 601B, 602, 603, 604, 605, 606, 607, 608, 609B, 611, 612, 613, 614 Tract: 0405.07 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 VTD: 0039 JONESBORO 10 (Part) Tract: 0405.08 Block(s): 501, 517, 518, 519, 520, 521, 522 VTD: 0040 JONESBORO 12 (Part) Tract: 0405.07 Block(s): 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218 Tract: 0405.08 Block(s): 401, 402, 403, 406, 415, 416
DOUGLAS COUNTY VTD: 0002 BEULAH VTD: 0006 CHAPEL HILL

TUESDAY, MARCH 24, 1992

2495

VTD: 0007 MOUNT CARMEL (Part) Tract: 0802. Block(s): 517, 518, 519 Tract: 0806.01 Block(s): 201, 202, 203, 206, 207, 208, 209, 210, 211, 212, 213, 214, 401, 402, 403, 404, 405, 406, 407, 408, 409, 501, 502, 503, 504, 601, 602, 603, 604 Tract: 0806.02 Block(s): 102, 210, 211, 212, 213, 301, 302, 303, 304, 305, 306, 307, 401, 402
VTD: 0012 TURNER-LITHIA SPRINGS VTD: 0013 COMMERCIAL BANK VTD: 0014 LEE ROAD-LITHIA HIGH FAYETTE COUNTY VTD: 0001 BLACKROCK VTD: 0003 EUROPE VTD: 0004 FAYETTEVILLE EAST VTD: 0005 FAYETTEVILLE WEST VTD: 0006 FLINT VTD: 0007 HOPEFUL VTD: 0008 MORNING CREEK VTD: 0009 RAREOVER VTD: 0010 SANDY CREEK VTD: 0023 KENWOOD VTD: 0024 BANKS VTD: 0025 HARPS CROSSING VTD: 0026 WILLOW POND FULTON COUNTY VTD: OON3 FA01 VTD: OOR1 PA01 VTD: OOT5 SC12 VTD: OOT6 SC13 VTD: OOU5 SC21 VTD: 00X2 UC02 (Part)
Tract: 0105.04 Block(s): 601A, 602A
VTD: OOY6 SC04 VTD: OOY9 SC07 (Part)
Tract: 0105.06 Block(s): 401, 402, 403C, 403D, 405, 406B, 406C, 406D, 406E, 406F, 410, 418, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 436B, 437, 438, 439B, 439C, 440, 441, 442B, 443, 444, 445, 446, 447, 448, 457B, 457C, 601, 602B, 606, 614B, 615, 944E, 944F, 944G
District: 35
FULTON COUNTY VTD: OOG3 11B VTD: OOG4 11C VTD: OOG5 11D VTD: OOG6 HE VTD: OOHl 11J VTD: OOH6 UP VTD: OOJ4 12E (Part) Tract: 0108. Block(s): 616A, 628A, 629, 630 VTD: OOJ6 12G VTD: OOK6 CP01 VTD: OOK7 CP02 VTD: OOK8 CP03

2496

JOURNAL OF THE SENATE

VTD: OOL1 CP05 VTD: OOL2 CP06 VTD: OOL8 EP03 VTD: OOM1 EPOS VTD: OOM2 EP06 VTD: COM3 CP07 VTD: OOM5 EP09 VTD: OOM6 EP10 VTD: OOM7 EP11 VTD: OOM8 EP12 VTD: OON1 EP14 VTD: OON2 EP15 VTD: OON4 HP01 VTD: OON5 HP02 VTD: OOT1 SC08 VTD: OOT2 SC09 VTD: OOT3 SC10 VTD: OOT4 SC11 VTD: OOU1 SC17 VTD: OOU3 SC19 VTD: 00X1 UC01 VTD: 00X2 UC02 (Part)
Tract: 0105.06 Block(s): 202A, 203A, 204A, 207A, 702, 703A, 703B, 704, 705, 706, 707A, 708, 709, 714A, 715, 716C, 716D, 716E, 717, 718A, 718B, 719A, 720, 721, 722, 723, 724, 725, 726, 727, 728, 729, 730, 731, 732, 733, 736, 737, 738, 739, 740A, 741, 742, 743, 744, 745, 746, 801, 802, 803, 804, 805, 806, 807B, 808B, 809, 810, 811A, 812, 813, 814, 815B, 818, 821A
VTD: OOY3 SC01 VTD; OOY4 SC02 VTD: OOY5 SC03 VTD: OOY7 SC05 VTD: OOY9 SC07 (Part)
Tract: 0105.06 Block(s): 201, 202D, 202E, 203B, 203C, 203D, 204B, 206, 302, 303, 304, 305, 306, 307, 308, 703C, 707B, 707C, 710B, 711B, 714B, 716F, 716G, 718C, 718D, 719B, 740B
Districk: 36
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: 0024 2J

TUESDAY, MARCH 24, 1992

2497

VXD: 0025 2K VTD: 0026 2L VTD: 0031 2S VTD: 0038 2Z VTD: 0062 4H VTD: 0073 5A VTD: 0074 5B VTD: 0076 5K VTD: 0078 6B VTD: 0082 6F VTD: 0083 6G VTD: 0085 6J VTD: 0087 6N VTD: OOJ1 12B VTD: OOJ3 12D VTD: OOJ4 12E (Part)
Tract: 0074. 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, 203, 204, 208, 209, 211A,
212A, 213 Tract: 0075.
Block(s): 107, 108, 109, 110, 112, 113, 201, 203A, 204A, 205, 206, 207, 208, 209,
210A, 211A, 301 Tract: 0110.
Block(s): 114B VTD: OOJ5 12F VTD: OOJ7 12H VTD: OOJ8 12J VTD: OOJ9 12K VTD: OOK2 12M VTD: OOK3 12N VTD: OOK4 12P
District: 37
CHEROKEE COUNTY VTD: 0002 BELLS VTD: 0016 WOODSTOCK
COBB COUNTY VTD: 0001 ACWORTH VTD: 0006 BIG SHANTY 1 VTD: 0007 BIG SHANTY 2 VTD: 0008 BIG SHANTY 3 VTD: 0013 CHEATHAM HILL 1 VTD: 0020 DUE WEST VTD: 0022 ELIZABETH 1 (Part) Tract: 0306. Block(s): 308C, 417B, 501A, 501C, 502B, 506B, 901C, 901D, 902B, 902C, 902D,
902E, 917E VTD: 0032 FAIR OAKS 6 (Part)
Tract: 0309.02 Block(s): 402B, 402C, 402D, 701B, 701C
Tract: 0309.03 Block(s): 101D, 102, 201B, 202C, 202D
Track: 0310.02 Block(s): 213D
VTD: 0049 KENNESAW 1 VTD: 0050 KENNESAW 2

2498

JOURNAL OF THE SENATE

VTD: 0051 LOST MOUNTAIN VTD: 0056 MACLAND (Part)
Tract: 0315.01 Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109B, 110F, 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): 301B, 301C, 301D, 302B, 303B, 403B, 901, 902, 903, 904, 905, 906B, 907B, 908B, 908C, 910B
VTD: 0058 MARIETTA 2A (Part) Tract: 0309.01 Block(s): 101A, 201, 202, 203, 204, 205, 206, 207, 401A, 402, 403, 501A, 601A, 601B, 601C, 601D, 602, 603A, 604A, 701A, 702, 703A Tract: 0309.02 Block(s): 402A, 403, 404, 405, 406, 407, 408, 409, 410, 411, 505, 506, 701A, 702
VTD: 0060 MARIETTA 4 (Part) Tract: 0302.07 Block(s): 108A, 113B, 113C, 113D, 114A, 115A, 115B, 801A, 802A, 823A Tract: 0306. Block(s): 226, 318, 319, 320, 321, 322, 402, 404, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417A, 418, 501B, 502A, 503, 504, 505, 506A, 901A, 901B, 902A, 903, 904, 905, 917A, 917B, 917C, 917D, 919 Tract: 0309.01 Block(s): 301A, 302, 303, 304
VTD: 0064 MARS HILL 1 VTD: 0065 MARS HILL 2 VTD: 0066 MARS HILL 3
VTD: 0075 OREGON 1 VTD: 0077 OREGON 3 (Part)
Tract: 0309.01 Block(s): 101B, 301B, 301C, 401B, 401C, 501B, 502, 503, 601E, 601F, 601G, 601H, 601J, 601K, 601L, 601M, 603B, 604B, 701B, 701C, 701D, 703B
Tract: 0309.03 Block(s): 302B, 302C, 302D, 302E, 302F, 305, 306, 401B, 401C, 401D, 403, 404, 405, 406, 407, 501B, 501C, 501D, 502, 503, 504, 505, 506, 507, 601, 602, 603, 604, 605, 606, 607, 608, 609, 610, 611, 612, 613
Tract: 0310.02 Block(s): 211, 212, 224C, 225B, 226, 227, 228
VTD: 0090 RED ROCK VTD: OOB6 KEMP VTD: OOB8 CHEATHAM HILL 2 VTD: OOB9 MARIETTA 2B (Part)
Tract: 0309.03 Block(s): 101A, 101B, 101C, 201A, 202A, 203, 204, 301, 302A, 303, 304, 401A, 402, 501A
Tract: 0310.02 Block(s): 210A, 210B, 213A, 223, 224B, 225A
VTD: OOC1 OREGON 5
District: 38
COBB COUNTY VTD: 0046 HOWELLS 1 (Part) Tract: 0313.02 Block(s): 110, 112, 113, 114, 115, 116, 118, 201, 901, 902, 903, 904, 916, 917, 922, 923, 925, 926, 927, 928, 929, 930 Tract: 0313.05 Block(s): 209, 210, 219, 227, 228, 901, 902, 917, 918, 922, 923

TUESDAY, MARCH 24, 1992

2499

VTD: 0047 HOWELLS 2 FULTON COUNTY
VTD: 0039 3A VTD: 0041 3C VTD; 0042 3D VTD: 0046 3H VTD: 0048 3K VTD: 0058 4D VTD: 0067 4N (Part)
Tract: 0040. Block(s): 201, 203, 204, 205, 206, 207, 209, 210, 211, 212, 215
Tract: 0041. Block(s): 310B
VTD: OOA8 8A VTD: OOB3 8E VTD: OOB4 8F VTD: OOB7 8J VTD: OOB8 8K VTD: OOB9 8L 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: OOG1 ION VTD: OOG2 11A VTD: OOG9 11H VTD: OOH4 11M VTD: OOH5 UN VTD: OOT7 SC14 VTD: OOT9 SC16 VTD: 00X7 9T
District: 39
FULTON COUNTY VTD: 0023 2H VTD: 0030 2R VTD: 0035 2W VTD: 0040 3B VTD: 0043 3E

2500

JOURNAL OF THE SENATE

VTD: 0044 3F VTD: 0045 3G VTD: 0047 3J 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: 0059 4E VTD: 0061 4G VTD: 0064 4K VTD: 0065 4L VTD: 0066 4M VTD: 0067 4N (Part)
Tract: 0060.
Block(s): 401, 402, 403, 404, 405, 406, 407, 408, 410, 411, 412, 413 VTD: 0069 4R VTD: 0070 4S VTD: 0071 4T VTD: 0077 6A VTD: 0079 6C VTD: 0080 6D VTD: 0081 6E VTD: 0086 6K VTD: 0097 7J VTD: 0099 7L VTD: OOA1 7M VTD: OOA2 7N VTD: OOA3 7P VTD: OOA4 7R VTD: OOC2 8N VTD: OOC3 8P VTD: OOC4 8R VTD: OOF9 10M VTD: OOG8 11G VTD: OOH2 UK VTD: OOH3 11L VTD: OOH7 11R VTD: OOH9 12A VTD: OOJ2 12C VTD: OOK1 12L VTD: OOL6 EP01 VTD: OOL7 EP02
District: 40
FULTON COUNTY VTD: 0089 7A VTD: 0090 7B VTD: 0091 7C VTD: 0092 7D VTD: 0094 7F VTD: 0096 7H VTD: 0098 7K VTD: OOA5 7S

TUESDAY, MARCH 24, 1992

2501

VTD: OOA9 8B VTD: OOB1 8C VTD: OOB2 8D VTD: OOB5 8G VTD: OOB6 8H VTD: OOC1 8M VTD: OOC7 8V VTD: OOP4 NC06 VTD: OOP5 NC07 (Part)
Tract: 0114.08 Block(s): 203D, 301B
Tract: 0114.09 Block(s): 201, 301, 302, 303
VTD: OOP9 NC11 VTD: OOR4 RW03 VTD: OOR5 RW04 VTD: OOU7 SS01 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: 00V8 SS11 VTD: OOV9 SS12 VTD: OOW1 SS13 VTD: OOW2 SS14 VTD: OOW3 SS15 VTD: OOW4 SS16 VTD: OOW7 SS20 VTD: OOW8 SS21 VTD: 00X5 SS23 VTD: 00X6 SS17
District: 41
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: OOAY SILVER LAKE (Part) Tract: 0211. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 111, 112, 114, 115, 116, 117, 201, 202, 203, 204, 220, 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
Tract: 0212.09 Block(s): 301B, 302, 303
VTD: OOBQ VANDERLYN

2502

JOURNAL OF THE SENATE

VTD: OOBR VERMACK GWINNETT COUNTY
VTD: 0034 406A VTD: 0035 406B VTD: 0037 406D VTD: 0038 406E VTD: 0039 406F VTD: 0042 4061 VTD: 0043 406J VTD: 0050 405H VTD: 0057 406K VTD: 0060 406N VTD: 0061 4060 VTD: 0070 406P VTD: 0071 406Q (Part)
Tract: 0503.14 Block(s): 101, 102, 103, 201, 202, 203, 301, 302, 303, 304, 305, 401, 402, 501, 502
VTD: 0075 406R
District: 42
DEKALB COUNTY VTD: 0003 ASHFORD PARK VTD: 0008 BRIAR VISTA VTD: 0009 BRIARCLIFF NORTH VTD: 0010 BRIARCLIFF SOUTH VTD: 0012 BRIARWOOD VTD: 0013 BROCKETT (Part) Tract: 0218.10 Block(s): 302, 303 VTD: 0014 CALLANWOLDE VTD: 0020 CHAMBLEE NORTH VTD: 0021 CHAMBLEE SOUTH 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: 0041 EMORY VTD: 0042 EPWORTH VTD: 0045 FERNBANK VTD: 0048 GLENWOOD VTD: 0061 JOHNSON ESTATES VTD: 0068 LAUREL RIDGE VTD: 0074 MARGARET HARRIS VTD: 0076 MCLENDON (Part) Tract: 0222. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 501, 502, 503 Tract: 0223.02 Block(s): 310 VTD: 0079 MEDLOCK VTD: 0086 MONTCLAIR VTD: 0087 MONTREAL (Part)

TUESDAY, MARCH 24, 1992

2503

Tract: 0217.04 Block(s): 901, 902, 912, 913, 914, 915
Tract: 0220.01 Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109A, 109B, 109C, 111, 112, 113, 114, 115, 116, 117, 118, 415A, 421, 422, 423
VTD: 0092 NORTHLAKE VTD: 0093 NORTHWOODS VTD: 0094 OAK GROVE VTD: 0095 OAKCLIFF VTD: OOAK REHOBOTH VTD: OOAR SAGAMORE VTD: OOAU SCOTT VTD: OOAY SILVER LAKE (Part)
Tract: 0211. Block(s): 110, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 221, 222, 223, 224, 301
VTD: OOBA SKYLAND VTD: OOBW WESLEY WOODS VTD: OOBX WESTCHESTER
District: 43
DEKALB COUNTY VTD: 0007 BOB MATHIS VTD: 0015 CANBY VTD: 0017 CARRIAGE CLUSTER AND WOODRIDGE VTD: 0022 CHAPEL HILL VTD: 0029 COUNTY LINE VTD: 0031 CROSSROADS VTD: 0044 FAIRINGTON VTD: 0070 LITHONIA VTD: 0077 MCWILLIAMS VTD: 0085 MILLER ROAD VTD: 0096 PANOLA VTD: 0097 PANOLA WAY VTD: OOAB PHILLIPS VTD: OOAF RAINBOW VTD: OOAG RAINBOW PARK VTD: OOAH REDAN NORTH (Part) Tract: 0233.05 Block(s): 101, 102, 501, 502, 503, 504, 505 VTD: OOAJ REDAN SOUTH (Part) Tract: 0233.06 Block(s): 402, 403, 404, 405, 406, 507, 508, 509A Tract: 0233.07 Block(s): 101, 102, 103, 201, 202, 203, 204, 205, 206, 207, 212, 213, 214, 215, 501, 502, 503, 504, 505, 506 Tract: 0233.08 Block(s): 501, 502, 503, 504, 505, 515 VTD: GOAL ROCKBRIDGE VTD: OOAT SALEM VTD: OOBC SNAPFINGER VTD: OOBH STONEVIEW VTD: OOBN TOWERS VTD: OOBT WADSWORTH VTD: OOBV WESLEY CHAPEL

2504

JOURNAL OF THE SENATE

District: 44
CLAYTON COUNTY VTD: 0001 ELLENWOOD (Part) Tract: 0404.02 Block(s): 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 401, 402, 404, 407, 501, 505, 908, 909, 911, 918, 919, 920, 921, 929, 938, 939, 940, 941, 942, 943, 946, 949, 950 VTD: 0002 FOREST PARK 1 (Part) Tract: 0403.01 Block(s): 103, 107, 108, 117, 118, 119, 201, 202, 203, 204, 206, 207, 209, 210, 211, 212, 213, 301, 307, 308, 309A, 309B, 515, 517 Tract: 0403.02 Block(s): 106, 107, 108, 109A, 109B, 201A, 201B, 201C, 202A, 202B, 203A, 203B, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 314, 301, 302, 305, 306, 307, 308, 309, 311, 312, 313, 314, 315, 316, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 501, 502, 503, 504, 506, 507, 509, 510, 511, 517A, 518, 519A, 519B, 519C, 519D, 520, 521, 522, 523A, 523B, 524, 525, 526A, 526B, 527A, 527B Tract: 0403.03 Block(s): 308, 309, 310, 311, 312A, 312B, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411 VTD: 0003 FOREST PARK 2 (Part) Tract: 0403.03 Block(s): 301A, 301B, 301C, 302, 304A, 304B, 304C, 305A, 305B, 306, 313A, 313B, 313C, 313D, 315A, 315B, 315C, 315D, 316, 412, 413, 414, 501, 502, 503, 504, 506, 507, 508, 509, 510A, 510B, 510C, 511, 512, 514, 515, 601, 602, 603A, 603B, 604B VTD: 0004 FOREST PARK 3 (Part) Tract: 0402. Block(s): 909, 910, 921, 923 Tract: 0403.04 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, 201, 202, 203, 204, 205, 206, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 224, 225, 226, 227, 229, 230, 231, 232, 233, 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 Tract: 0403.05 Block(s): 301, 302, 307A, 307B, 308A, 308B, 310, 311 VTD: 0005 FOREST PARK 4 VTD: 0006 FOREST PARK 5 VTD: 0008 JONESBORO 2 (Part) Tract: 0405.07 Block(s): 105A, 201A, 201B, 201C, 201D, 201E, 202, 203, 204 VTD: 0009 JONESBORO 3 VTD: 0010 JONESBORO 5 (Part) Tract: 0406.05 Block(s): 204, 205A, 205B, 206A, 206B, 207A, 207B, 230, 231, 232, 233, 235, 302, 303, 304, 306, 308A, 308B, 310, 311B, 312, 313A, 313B, 314, 315, 316, 317, 318, 319, 320, 323, 324 VTD: 0012 JONESBORO 7 (Part) Tract: 0404.03 Block(s): 206A, 206C, 211, 212A, 212B, 214A, 214B, 217, 218, 220, 221A, 221B, 222, 223, 224 Tract: 0406.03 Block(s): 401, 402, 403, 404, 405, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 601, 602, 603B, 604, 605, 606B, 607, 609

TUESDAY, MARCH 24, 1992

2505

VXD: 0013 JONESBORO 8 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: 0027 RIVERDALE 2 (Part)
Tract: 0405.05 Block(s): 601A, 609A, 610A, 610B
VTD: 0028 RIVERDALE 3 VTD: 0029 RIVERDALE 4 VTD: 0030 RIVERDALE 5 VTD: 0031 RIVERDALE 6 VTD: 0032 RIVERDALE 7 VTD: 0033 RIVERDALE 8 (Part)
Tract: 0405.05 Block(s): 221B
VTD: 0038 JONESBORO 4 AND JONESBORO 9 VTD: 0039 JONESBORO 10 (Part)
Tract: 0405.07 Block(s): 101, 102, 103, 104, 105B, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117
Tract: 0406.04 Block(s): 308C, 308D, 308F, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336
Tract: 0406.07 Block(s): 109
VTD: 0041 LAKE CITY 1 (Part) Tract: 0404.01 Block(s): 218, 306, 307, 308, 309, 310, 312, 314, 338, 419A, 419B, 422A, 422B, 501A, 501B, 501C, 502A, 502B, 502C, 505A, 505B, 514A, 514B
VTD: 0042 JONESBORO 11
District: 45
WALTON COUNTY BARROW COUNTY
VTD: 0001 CAINS VTD: 0002 PENTECOST VTD: 0003 AUBURN VTD: 0004 BEN SMITH VTD: 0005 BETHLEHEM (Part)
Tract: 1802. Block(s): 232A, 232B, 232C, 233A, 233B
Tract: 1805. Block(s): 108, 117, 118, 119, 120, 122, 123A, 123B, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 201, 202, 203A, 203B, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219A, 219B, 220, 221, 222, 223, 224A, 224B, 225A, 225B, 225C, 226, 227A, 227B, 227C, 228, 229, 230A, 230B, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251A, 251B, 252A, 252B, 253A, 253B, 254A, 254B, 254C, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265, 266, 267, 268, 269, 270, 271, 272, 301 A, 301B, 301C, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 401, 402, 403, 415, 416, 417, 422, 423, 424, 425
VTD: 0006 JONES VTD: 0010 HOUSE 1 (Part)
Tract: 1802. Block(s): 131, 133, 134, 135
Tract: 1803. Block(s): 256, 266, 267, 268, 269, 270

2506

JOURNAL OF THE SENATE

Tract: 1805. Block(s): 418, 419, 420A
NEWTON COUNTY VTD: 0001 TOWN VTD: 0002 ALMON VTD: 0003 COVINGTON MILLS VTD: 0006 CEDAR SHOALS VTD: 0008 GUM CREEK VTD: 0011 OXFORD
ROCKDALE COUNTY VTD: 0001 CONYERS VTD: 0003 FIAT SHOALS VTD: 0005 LAKES DISTRICT VTD: 0008 MILSTEAD VTD: 0009 OLDE TOWNE VTD: 0010 ROCKDALE VTD: 0011 SHEFIELD VTD: 0012 SMYRNA VTD: 0014 HIGHTOWER
District: 45
CLARKE COUNTY BARROW COUNTY
VTD: 0007 STATHAM VTD: 0008 CHANDLER VTD: 0009 HOUSE 2 VTD: 0010 HOUSE 1 (Part)
Tract: 1802. Block(s): 101A, 101B, 102, 103, 104, 105, 106A, 106B, 106C, 107, 108, 109, 110, 111A, 111B, 111C, 112A, 112B, 113A, 113B, 113C, 113D, 113E, 113F, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 132, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 201, 202A, 202B, 202C, 203A, 203B, 204A, 204B, 205A, 205B, 205C, 206, 207, 208A, 208B, 209, 210, 211, 212, 216, 217, 218, 219, 220, 221, 222, 226, 227, 228, 229, 230, 231A, 231B, 355, 356A, 356B, 357, 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, 430B, 431, 432, 433, 434, 435B, 436, 437, 438, 439, 440, 441, 442, 443, 444, 445, 446, 447, 448, 449, 450, 451, 452, 453, 454, 455, 456, 457, 458B, 459, 460, 461, 462, 463, 464, 465, 466
Tract: 1803. Block(s): 233A, 233C
Tract: 1805. Block(s): 104, 106A, 106B, 107, 420B, 421
OCONEE COUNTY VTD: 0001 WATKINSVILLE VTD: 0002 WILDCAT VTD: 0005 BISHOP VTD: 0006 HIGH SHOALS VTD: 0007 EASTVILLE VTD: 0008 DARK CORNER VTD: 0009 BUNCOMB VTD: 0010 MARS HILL VTD: 0011 SCHOOL
District: 47
FRANKLIN COUNTY

TUESDAY, MARCH 24, 1992

2507

HART COUNTY BANKS COUNTY JACKSON COUNTY ELBERT COUNTY MADISON COUNTY
District: 48
FORSYTH COUNTY VTD: 0001 BIG CREEK VTD: 0002 BRANDYWINE VTD: 0007 CUMMINGS VTD: 0008 MASHBURN VTD: 0010 MIDWAY
GWINNETT COUNTY VTD: 0001 1295A VTD: 0017 1564 VTD: 0018 1263A VTD: 0019 1263B VTD: 0020 1749 VTD: 0024 401A VTD: 0025 478 VTD: 0026 444A VTD: 0027 444B VTD: 0028 407A VTD: 0030 407C VTD: 0044 1397 VTD: 0046 1587 VTD: 0047 550A VTD: 0048 550B VTD: 0049 1604 VTD: 0052 1263C VTD: 0053 1263D VTD: 0055 407D VTD: 0062 550C VTD: 0063 550D VTD: 0067 404B VTD: 0068 407F VTD: 0074 404C
District: 49
HALL COUNTY FORSYTH COUNTY
VTD: 0003 CHATTAHOOCHEE VTD: 0004 CHESTATEE VTD: 0005 COAL MOUNTAIN VTD: 0006 CROSSROADS VTD: 0009 MATT VTD: 0011 SAWNES
District: 50
RABUN COUNTY TOWNS COUNTY UNION COUNTY HABERSHAM COUNTY WHITE COUNTY LUMPKIN COUNTY STEPHENS COUNTY

2508

JOURNAL OF THE SENATE

DAWSON COUNTY
District: 51
FANNIN COUNTY GILMER COUNTY GORDON COUNTY PICKENS 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: 0009 HICKORY FLAT VTD: 0011 LITTLE RIVER VTD: 0012 MULLINS VTD: 0013 SALICOA VTD: 0015 WILDCAT (Part)
Tract: 0907. Block(s): 101A, 101B, 101C, 102A, 102B, 102C, 103, 104A, 104B, 105A, 105B, 105C, 106A, 106B, 107A, 107B, 108, 109, 110, 111A, 111B, 111C, 112, 113, 114, 115A, 115B, 115C, 116, 117A, 117B, 118A, 118B, 119, 120, 121, 122, 123, 124, 125, 126A, 126B, 127A, 127B, 128, 201, 202A, 202B, 203A, 203B, 203C, 203D, 203E, 203F, 204, 205A, 205B, 206A, 206B, 207A, 207B, 207C, 208A, 208B, 208C, 208D, 209, 301A, 301B, 302, 303, 304A, 304B, 305A, 305B, 306A, 306B, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316A, 316B, 317A, 317B, 318A, 318B, 318C, 319A, 319B, 320A, 320B, 401, 402, 403, 404, 405, 406A, 406B, 407A, 407B, 408A, 408B, 409A, 409B, 409C, 410A, 410B, 411A, 411B, 412A, 412B, 413A, 413B, 413C, 413D, 414A, 414B, 414C, 415A, 415B, 416, 417A, 417B, 418A, 418B, 419, 420A, 420B, 421, 422A, 422B, 423, 424A, 424B, 425A, 425B, 425C, 426A, 426B, 427A, 427B, 428A, 428B, 429, 430, 431, 432, 433, 434, 435A, 435B, 436A, 436B, 501A, 501B, 502A, 502B, 502C, 503A, 503B, 503C, 503D, 504A, 504B, 504C, 505, 506, 507, 508, 509, 510, 601, 602, 603, 604, 605, 606, 607, 608, 609, 610, 611, 612, 613, 614, 615, 616, 617, 618, 619, 620, 621, 622, 623, 624, 625, 626, 627, 628, 629, 630, 631, 632
Tract: 0908. Block(s): 605, 606, 607, 608, 609
District: 52
FLOYD COUNTY BARTOW COUNTY
VTD: 0001 ADAIRSVILLE VTD: 0002 ALLATOONA VTD: 0003 CARTERSVILLE (Part)
Tract: 9601. Block(s): 346, 383A, 383B, 384
Tract: 9604. Block(s): 101A, 101B, 101C, 102, 103, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 211, 213A, 213B, 213C, 213D, 223A, 223B, 224A, 224B, 225A, 225B, 226, 227, 235A, 235B, 235C, 236A, 236B, 236C, 236D, 237, 238, 239A, 239B, 239C, 240, 241A, 241B, 241C, 242A, 242B, 242C, 243A, 243B, 243C, 244A, 244B, 244C, 245A, 245B, 245C, 246A, 246B, 247A, 247B, 247C, 248A, 248B, 249, 250A, 250B, 251A, 251B, 252A, 252B, 253A, 253B, 253C, 254A, 254B, 255A, 255B, 256A, 256B, 257A, 257B, 257C, 258A, 258B, 259, 260, 261A, 261B, 262, 263

TUESDAY, MARCH 24, 1992

2509

VTD: 0004 CASSVILLE VTD: 0005 CENTER VTD: 0006 EMERSON VTD: 0008 SIXTH VTD: 0010 KINGSTON VTD: 0011 PINE LOG AND WOLF PEN VTD: 0012 STAMP CREEK
District: 53
DADE COUNTY WALKER COUNTY CHATTOOGA COUNTY WHITFIELD COUNTY
VTD: 0007 ANTIOCH VTD: 0008 CARBONDALE VTD: 0010 DUG GAP VTD: 0012 FINCHER VTD: 0015 MILL CREEK AND WESTSIDE (Part)
Tract: 0007. Block(s): 109, 110, 111, 112, 113, 114, 230, 231, 232, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 321, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419
Tract: 0008. Block(s): 120A, 120C, 120D, 121B, 121C, 123D, 148, 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, 301, 302B, 302C, 302D, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 413, 414, 415, 417, 474, 475, 476, 477, 478
VTD: 0018 TILTON VTD: 0019 TRICHUM
District: 54
CATOOSA COUNTY MURRAY COUNTY WHITFIELD COUNTY
VTD: 0001 1A VTD: 0002 2A VTD: 0003 3A VTD: 0004 4A VTD: 0005 5A VTD: 0006 6A VTD: 0009 COHUTTA VTD: 0011 EASTSIDE VTD: 0013 GROVELEVEL VTD: 0014 LOWER TENTH VTD: 0015 MILL CREEK AND WESTSIDE (Part)
Tract: 0008. Block(s): 120B, 121A, 122, 123A, 123B, 123C, 302A
VTD: 0016 NINTH VTD: 0017 PLEASANT GROVE VTD: 0020 TUNNEL HILL VTD: 0021 UPPER TENTH VTD: 0022 VARNELL
District: 55
DEKALB COUNTY

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VTD: 0001 ALLGOOD VTD: 0004 ATHERTON VTD: 0006 AVONDALE ESTATES VTD: 0016 CANDLER VTD: 0018 CASA LINDA VTD: 0026 CLARKSTON VTD: 0036 DUNAIRE VTD: 0038 EAST LAKE VTD: 0055 HOOPER ALEXANDER VTD: 0059 INDIAN CREEK VTD: 0060 INGLESIDE VTD: 0062 JOLLY VTD: 0063 KELLY LAKE VTD: 0066 KNOLLWOOD VTD: 0072 MAINSTREET NORTH VTD: 0073 MAINSTREET SOUTH VTD: 0080 MEMORIAL NORTH VTD: 0081 MEMORIAL SOUTH VTD: 0083 MIDWAX VTD: 0084 MIDWAY PARK VTD: 0098 PEACHCREST VTD: OOAC PINE LAKE VTD: OOAH REDAN NORTH (Part)
Tract: 0233.05 Block(s): 201, 202, 203, 204, 301, 302, 303, 304, 305, 306, 307, 308 309, 401, 402
Tract: 0233.06 Block(s): 301, 302, 303, 304, 305, 401, 407, 408
VTD: 00AM ROCK CHAPEL VTD: OOAN ROWLAND VTD: OOAP ROWLAND HILLS VTD: OOAQ ROWLAND ROAD VTD: OOAV SCOTTDALE VTD: OOBK TILSON VTD: OOBL TONEY
District: 56
CHEROKEE COUNTY VTD: 0010 LICK SKILLET VTD: 0015 WILDCAT (Part) Tract: 0908. Block(s): 702, 703, 704, 705
FULTON COUNTY VTD: OOK5 AP01 VTD: OON7 MP01 VTD: OON8 NC01 VTD: OON9 NC02 VTD: OOP1 NCOS VTD: OOP2 NC04 VTD: OOP3 NCOS VTD: OOP5 NC07 (Part) Tract: 0114.08 Block(s): 201C, 206B, 208B VTD: OOP6 NCOS VTD: OOP7 NC09 VTD: OOR2 RW01 VTD: OOR3 RW02 VTD: 0047 RW05

TUESDAY, MARCH 24, 1992

2511

VTD: OOR8 RW06 VTD: OOR9 RW07 VTD: OOW5 SS18 VTD: OOW6 SS19 VTD: OOW9 SS22 VTD: 00X3 AP02 VTD: OOY2 RW09 GWINNETT COUNTY VTD: 0036 406C VTD: 0040 406G VTD: 0041 406H VTD: 0058 406L VTD: 0059 406M
(b) A member of the Senate must be a resident of the district which such member represents and at the time of such member's election must have been a resident of the territory embraced within such district for at least one year preceding such time. Each Sen ator shall be elected only by the voters of such Senator's senatorial district.
(c) The first members of the Senate elected pursuant to this Code section shall be those who are elected to take office on the convening date of the regular session of the General Assembly in 1993. Until that time the membership of the Senate elected under prior law shall continue to serve and shall represent the districts from which elected; and until that time the composition of the districts from which such members were elected shall remain the same. The provisions of this Code section shall be effective, however, for the primary and general elections of 1992 for the purpose of electing members of the Senate in 1992 who are to take office in 1993. Successors to those members shall likewise be elected under the provisions of this Code section.
(d) For the purposes of this Code 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 of Title 21, within which all electors vote at one polling place.
(3) Whenever the description of any senatorial 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 senatorial 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.
(e) Any part of the State of Georgia which is not included in any Senate district de scribed in this Code section shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia.
(f) Any part of the State of Georgia which is described in this Code section as being included in a particular Senate district shall nevertheless not be included within such Sen ate district if such part is not contiguous to such Senate district. Such noncontiguous part shall instead be included within that Senate district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia."

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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.
Amendment AM 18 0181:
Amend the Committee of Conference Substitute to SB 567 by striking the descriptions of Districts 7, 8, 10, 11, 12, 13, 43, and 55 and inserting in their place new descriptions of said districts to read as follows:
"District: 7
TIFT COUNTY BERRIEN COUNTY CLINCH COUNTY LANIER COUNTY CAMDEN COUNTY CHARLTON COUNTY ECHOLS COUNTY COOK COUNTY
VTD: 0002 CECIL VTD: 0004 LENOX VTD: 0005 MASSEE VTD: 0008 ADEL EAST WARE COUNTY VTD: 0005 BEACH-BICKLEY VTD: 0010 HAYWOOD VTD: 0015 JAMESTOWN VTD: 0020 MANOR VTD: 0025 MILLWOOD VTD: 0030 WARESBORO VTD: 0151 1231-151 (Part)
Tract: 9506. Block(s): 101C, 101D, 102, 103, 104, 105, 106, 107, 108A, 108B, 108C, 109, HOB, 111, 130C, 130D, 131, 132B, 133C, 134, 135, 136, 137, 138, 139, 201, 202, 203C, 204, 205B, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 601, 602, 603, 604, 605
Tract: 9508. Block(s): 565
Tract: 9509. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115E, 133B, 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, 183, 184, 225G, 226, 227D, 238B, 245B, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 353B, 357, 358, 359, 360B, 382B, 382C, 383B, 384, 385, 401, 402B, 403, 412C, 418B, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434B, 437B, 437C, 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: 150A 1231-150A VTD: 150C 1231-150C
District: 8
MILLER COUNTY BROOKS COUNTY

TUESDAY, MARCH 24, 1992

2513

VXD: 0001 BARNEY VTD: 0002 BRIGGS (Part)
Tract: 9903. Block(s): 221, 222, 223, 225, 226, 227, 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, 253, 254, 257, 264, 265
Tract: 9904. Block(s): 101, 102, 130, 131, 132, 133, 134, 135, 136, 137
VTD: 0004 DRY LAKE VTD: 0006 HICKORY HEAD VTD: 0007 MORVEN VTD: 0008 WANKIN VTD: 0009 QUITMAN (Part)
Tract: 9902. Block(s): 295
Tract: 9903. Block(s): 278, 279, 292, 293
Tract: 9904. Block(s): 103, 104, 105, 106, 107, 108, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147B, 148B, 155B, 156, 158B, 217B, 218, 219B, 220, 224, 225, 228, 233, 237B
Tract: 9905. Block(s): 147C, 147D, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168B, 169B, 169C, 170C, 190B, 192, 193, 194, 195, 196, 197, 330, 331, 332, 333, 334, 335, 336B, 354B, 357B, 358, 359, 360, 361, 362
VTD: 0010 TALLOAKS AND WILLIAMS DECATUR COUNTY
VTD: 0002 BAINBRIDGE (Part) Tract: 9701. Block(s): 177, 179, 180, 181, 182, 183, 186, 187, 188, 189, 190, 191, 192, 193 Tract: 9704. Block(s): 101, 102, 103, 104A, 104B, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124A, 124B, 125, 126A, 126B, 127, 128, 201, 202A, 202B, 203, 204, 205A, 205B, 206, 207, 208, 209, 210, 243 Tract: 9706. Block(s): 101, 102, 113, 114, 115, 116, 117, 118, 119, 120, 121. 130, 131, 132, 133, 134, 201, 202, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 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, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 403A, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415
VTD: 0003 WEST BAINBRIDGE (Part) Tract: 9702. Block(s): 190, 192, 193, 194, 195, 237, 238, 239, 240, 257 Tract: 9703. Block(s): 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, 144B, 145, 146B, 147B, 148, 149, 150, 151, 152, 153, 154, 155, 156, 158B, 159, 160, 161, 162, 163, 201B, 202C, 203, 204B, 260B, 261, 162, 263, 264, 265, 266, 267C, 270B, 278B, 287, 288
VTD: 0004 BELCHER VTD: 0006 BRINSON VTD: 0007 CLIMAX VTD: 0010 KENDRICK VTD: 0011 PARKER VTD: 0012 PINE HILL

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GRADY COUNTY VTD: 0005 BLOWING CAVE VTD: 0020 LIMESINK & SPRINGHILL VTD: 0025 MIDWAY (Part) Tract: 9505. Block(s): 108, 109, 110, 111A, 111B, 111C, 124B, 127B, 128B, 129, 130, 131, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 309B, 309C, 316B, 321, 322B, 323, 324, 335, 336, 337, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349 VTD: 0030 PINEPARK VTD: 0040 SPENCE VTD: 0045 WOODLAND (Part) Tract: 9503. Block(s): 107, 108, 110, 111, 112, 113, 114, 118, 119, 122, 130, 131A, 131B, 132, 133, 134, 135A, 135B, 136A, 136B, 137, 138, 144, 145, 146, 151 Tract: 9504. Block(s): 101, 102, 103, 104, 105, 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, 151B, 152, 203, 204, 205, 206, 207, 208, 209, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231A, 231B, 231C, 232A, 232B, 233, 236, 239, 240, 241, 242A, 242B, 242C, 243, 244, 245, 301C, 302, 303B, 322B VTD: 0055 CAIRO 5 (Part) Tract: 9504. Block(s): 151A, 301A, 301B, 303A, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322A, 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, 404, 405, 406, 407, 408, 409, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 436, 437 Tract: 9505. Block(s): 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124A, 125, 126, 127A, 128A, 238, 239, 240, 241, 242, 243, 244, 245, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 301, 302, 303, 304, 305, 306, 307, 308, 309A, 310, 311, 312, 313, 314, 315, 316A, 317, 318, 319, 320, 322A, 411, 413, 414, 416 VTD: 0060 WHIGHAM
LOWNDES COUNTY VTD: 0001 HAHIRA VTD: 0002 MINEOLA VTD: 0003 MOODY MASONIC VTD: 0004 MATHIS AUDITORIUM VTD: 0005 GARDEN CENTER (Part) Tract: 0105. Block(s): 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128,
134, 135 Tract: 0110.
Block(s): 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334
Tract: 0111. Block(s): 207, 208, 217, 218, 219, 220, 221, 222, 226, 227, 228, 229, 230, 231
VTD: 0006 CHURCH LATTERDAY SAINTS VTD: 0008 NAYLOR COURTHOUSE VTD: 0009 CLYATTVILLE VTD: 0010 DASHER VTD: 0011 LAKE PARK VTD: 0012 FIRST CHRISTIAN CHURCH

TUESDAY, MARCH 24, 1992

2515

VTD: 0013 LOWNDES CIVIC CENTER AND FORREST PK CHURCH VTD: 0014 SOUTHSIDE FIRE DEPARTMENT VTD: 0015 AZALEA CITY CHURCH OF GOD (Part)
Tract: 0109. Block(s): 337A, 337B, 338, 339, 340, 341, 342A, 342B, 343A, 343B, 344A, 344B, 345, 346A, 346B, 346C
Tract: 0113. Block(s): 111B, 116B
Tract: 0114. Block(s): 403A, 403B, 403C, 403D, 403E, 403F, 404, 405A, 405B, 405C, 405D, 405E, 405F, 406, 407A, 407B, 408, 409A, 409B, 410, 411, 412, 413A, 413B, 413C, 414A, 414B, 415A, 415B, 416
VTD: 0016 REDLANDS BAPTIST CHURCH (Part) Tract: 0114. Block(s): 501, 502, 504B, 505B, 506B, 507, 508, 509, 510, 511, 512, 513, 514, 515, 516, 517, 518, 519, 520, 521, 522, 523, 524, 525, 526, 527, 528, 529, 530A, 530B, 531, 532, 533, 534, 535, 536, 537, 538, 539, 540, 541, 542, 543, 544, 545, 546, 547, 548, 549, 550, 551, 552, 553, 554, 555, 556, 588, 589, 590, 591, 592, 593, 594, 595, 596, 597, 672, 673, 674, 675, 676, 677B, 678, 680, 681, 682
VTD: 0017 SHILOH FIRE STATION (Part) Tract: 0102. Block(s): 342, 343, 344A, 344B, 344C, 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, 384, 385, 386, 387, 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, 493, 494, 496, 497
VTD: 0018 NEW COVENANT CHURCH VTD: 0021 REMERTON CITY HALL VTD: 0022 EVANGEL CATHEDRAL THOMAS COUNTY VTD: 0001 EASTSIDE VTD: 0004 OCHLOCHNEE VTD: 0005 MEIGS VTD: 0006 COOLIDGE VTD: 0007 PAVO VTD: 0009 BARWICK VTD: 0010 ELLABELLE VTD: 0011 MERRIVILLE VTD: 0013 ARMORY (Part)
Tract: 9602. Block(s): 292
Tract: 9608. Block(s): 101, 102, 103, 104A, 104E, 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, 130B, 131, 132, 133, 134, 136, 137B, 138, 139, 140, 141, 142, 160, 161, 162, 163, 164, 165, 529B, 531, 535B, 536
Tract: 9610. Block(s): 304D, 304E, 305B, 306, 307C, 308, 309B, 310F, 311C, 311D, 311E, 312, 313, 314, 315, 316, 325, 326, 327, 328B, 329, 330, 331, 332, 336
VTD: 0014 PATTEN VTD: 0017 FAIRGROUNDS VTD: 0018 CENTRAL VTD: 0019 JERGER"
"District: 10
CLAYTON COUNTY

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VTD: 0001 ELLENWOOD (Part) Tract: 0404.02 Block(s): 901, 902, 903, 913A, 913B, 914A, 914B, 915, 916, 917, 922, 923, 924, 926A, 926B, 926C, 927, 928, 930, 945
VTD: 0002 FOREST PARK 1 (Part) Tract: 0403.01 Block(s): 101, 102, 104, 105, 106, 113, 114, 302, 303, 304, 305, 306, 310, 311, 312A, 312B, 312C, 313, 314, 315, 316, 401, 405, 406, 407, 408, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 516 Tract: 0403.02 Block(s): 101A, 101B, 101C, 102, 104, 105, 112, 505, 508A, 508B, 512, 513, 514, 515, 516, 517B
VTD: 0003 FOREST PARK 2 (Part) Tract: 0403.03 Block(s): 102A, 104, 105, 106, 107, 108, 201, 202, 203, 204, 205, 206A, 206B, 207, 208, 209A, 209B, 209C, 209D, 209E, 209F, 210, 211, 212, 213, 214, 215, 216, 217, 604A, 605, 606, 607, 608, 609, 610, 611, 612A, 612B, 612C
VTD: 0004 FOREST PARK 3 (Part) Tract: 0402. Block(s): 901, 902, 903, 904, 905, 906, 907, 908A, 908B, 911, 912, 913, 914, 915, 916, 917, 918, 922, 933
VTD: 0017 ADAMSON MORROW 1 (Part) Tract: 0403.03 Block(s): 101, 102B Tract: 0404.02 Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 201, 202, 203, 204A, 204B, 204C, 205, 206A, 206B, 207, 208, 209, 210, 801, 802, 803, 904, 905, 906, 907, 910, 912, 925A, 925B, 925C
VTD: 0023 OAK 1 VTD: 0024 OAK 2 AND OAK 3 VTD: 0026 RIVERDALE 1 VTD: 0033 RIVERDALE 8 (Part)
Tract 0405.04 Block(s): 330C, 333C, 334
Tract: 0405.05 Block(s): 221C, 221D, 224B, 225, 301B, 309, 310D, 311, 312 403, 404, 405, 406, 407, 408 409, 410, 411, 412, 413, 501, 502 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 516, 517, 518, 519, 520
VTD: 0041 LAKE CITY 1 (Part) Tract: 0404.01 Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123A, 123B, 123C, 124, 125, 126, 127, 130, 131, 132, 201, 202, 203, 204, 205A, 205B, 206A, 206B, 207, 208, 209, 210, 215, 301, 302A, 302B, 303, 304, 305, 311, 313, 315, 323A, 323B, 323C
DEKALB COUNTY VTD: 0006 AVONDALE ESTATES VTD: 0019 CEDAR GROVE VTD: 0027 CLIFTON VTD: 0039 EASTLAND VTD: 0047 FORREST HILLS VTD: 0049 GORDON VTD: 0050 GRESHAM PARK VTD: 0055 HOOPER ALEXANDER VTD: 0065 KIRKWOOD VTD: 0076 MCLENDON VTD: 0078 MEADOWVIEW VTD: 0088 MORELAND

TUESDAY, MARCH 24, 1992

2517

VTD: 0091 NORTH DECATUR VTD: OOAA PETERSON VTD: OOAE PONCE DE LEON VTD: OOBD SOUTH DECATUR VTD: OOBJ TERRY MILL VTD: OOBM TOOMER VTD: OOBY WHITEFOORD NORTH VTD: OOCA WHITEFOORD SOUTH VTD: OOCB WINNONA
District: 11
EARLY COUNTY SEMINOLE COUNTY BAKER COUNTY
VTD; 0001 ANNA VTD: 0003 HOGGARDS MILL BROOKS COUNTY VTD: 0002 BRIGGS (Part)
Tract: 9903. Block(s): 255, 256, 258, 259, 260, 261, 262, 263, 266, 267, 268, 269, 270, 271, 272, 273, 274, 275, 276, 277
Tract: 9905. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 121, 122, 123, 124, 125, 126, 127, 128, 129
VTD: 0003 DIXIE VTD: 0005 GROOVERVILLE VTD: 0009 QUITMAN (Part)
Tract: 9904. Block(s): 147A, 148A, 149, 150, 151, 152, 153, 154, 155A, 157A, 157B, 158A, 159A, 159B, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 217A, 219A, 226, 227, 230, 231, 232, 234A, 234B, 235A, 235B, 236, 237A, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265, 266, 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, 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
Tract: 9905. Block(s): 119, 120, 130, 131, 132, 133, 134, 135A, 135B, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147A, 147B, 168A, 169A, 170A, 170B, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 184, 185, 186, 187, 188, 189, 190A, 191A, 191B, 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, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265, 266, 267, 268, 269, 270, 271, 272, 273, 274, 275, 276, 277, 278, 279, 280, 281, 282, 283, 284, 285, 286, 287, 288, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313A, 313B, 313C, 313D, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 336A, 337, 338, 339A, 339B, 339C, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 351, 352, 353, 354A, 355, 356, 357A
COLQUITT COUNTY VTD: 0001 BRIDGE CREEK (Part) Tract: 9709. Block(s): 305, 306, 307 VTD: 0004 FUNSTON (Part) Tract: 9709.

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Block(s): 222, 301C, 302, 303, 304, 308B, 314B, 315, 316, 321 VTD: 0006 HARTSFIELD VTD: 0010 MOULTRIE (Part)
Tract: 9703 Block(s): 216, 433, 523, 524, 525, 616, 617
Tract: 9704. Block(s): 113, 114, 115, 116, 117, 118, 122, 123, 124, 125, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226 227, 228, 229, 230, 231, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265
Tract: 9707. Block(s): 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 221, 222, 223, 224, 225, 226, 227, 228, 229, 236, 237, 238, 239, 240, 241, 242, 250, 251, 252, 253, 254, 255, 256, 301, 302, 303, 304, 305, 306, 307, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 332, 333, 334
Tract: 9708. Block(s): 101, 102, 103, 104, 105, 106, 107, 108A, 108B, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 205, 206, 207, 208, 209, 210, 211, 214, 215, 216, 301C
Tract: 9709. Block(s:) 129A, 131, 134, 135, 136, 301A, 325B
VTD: 0018 SHAW DECATUR COUNTY
VTD: 0001 ATTAPULGUS VTD: 0002 BAINBRIDGE (Part)
Tract: 9703. Block(s): 267B, 284A, 284B, 285, 286, 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, 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, 383A, 383B, 384, 385, 386, 387, 388, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421A, 421B, 422A, 422B, 423A, 423B, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 436, 437, 438, 439, 440, 441, 442, 443, 444, 445, 446, 447
Tract: 9704. Block(s): 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, 244, 245, 246, 247, 301A, 301B, 302A, 302B, 302C, 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, 341, 342, 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
Tract: 9705. Block(s): 214, 215, 216, 217, 218, 233, 234, 238
Tract: 9706. Block(s): 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 122, 123, 124, 125, 126, 127, 128, 129, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 232, 401, 402A, 402B, 403B, 403C, 416, 417, 418, 419A, 419B, 419C, 420, 421A, 421B, 422A, 422B, 422C
Tract: 9707. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 122, 123, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 193, 194, 195, 196, 197
VTD: 0003 WEST BAINBRIDGE (Part) Tract: 9703.

TUESDAY, MARCH 24, 1992

2519

Block(s): 144A, 146A, 147A, 157, 158A, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 201A, 202A, 202B, 204A, 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, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260A, 267A, 268, 269, 270A, 271, 272, 273, 274, 275, 276, 277, 278A, 279, 280, 281, 282, 283
VTD: 0005 BELL VTD: 0008 FACEVILLE VTD: 0009 FOWLSTOWN VTD: 0013 RECOVERY GRADY COUNTY VTD; 0010 DUNCANVILLE VTD: 0015 HIGDON VTD: 0025 MIDWAY (Part)
Tract: 9505. Block(s): 325, 326, 327, 328, 329, 333, 334, 424B, 427B, 428, 433, 434, 435
VTD: 0035 RAGAN VTD: 0045 WOODLAND (Part)
Tract: 9503. Block(s): 128A, 129A, 129B, 129C, 139, 140, 141, 142, 143, 147, 148, 149, 150, 152, 153, 154, 155, 156, 157, 158, 159, 160
VTD: 0050 CAIRO 4 VTD: 0055 CAIRO 5 (Part)
Tract: 9504. Block(s): 401, 402, 403, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419
Tract: 9505. Block(s): 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, 246, 401, 402, 403, 404, 405, 407, 408, 409, 410, 412, 415, 417, 418, 419, 420, 421, 422, 423, 424A, 425, 426, 436, 437, 438, 439
LOWNDES COUNTY VTD: 0005 GARDEN CENTER (Part) Tract: 0109. Block(s): 101, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121,
122, 123, 124A, 125, 126, 127, 140, 141, 142, 143, 144, 145 Tract: 0110.
Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 216, 217, 301, 302, 303, 304, 305, 306, 307, 322, 323, 335, 336, 337, 338, 339, 340, 341, 342, 343, 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
VTD; 0007 LOMAX-PINEVALE VTD: 0015 AZALEA CITY CHURCH OF GOD (Part)
Tract: 0114. Block(s): 309A, 309B, 309C, 310A, 311, 402A, 402B, 417B, 418, 419, 420A, 420B, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 436, 437, 438, 443, 444, 445, 446, 447, 503A, 504A, 505A, 506A
VTD: 0016 REDLANDS BAPTIST CHURCH (Part) Tract: 0114. Block(s): 310B, 312, 503B
VTD: 0017 SHILOH FIRE STATION (Part) Tract: 0102. Block(s): 495
VTD: 0019 CRAIG RECREATION CENTER MITCHELL COUNTY

2520

JOURNAL OF THE SENATE

VTD: 0005 BACONTON VTD: 0010 CAMILLA NORTH VTD: 0015 CAMILLA SOUTH VTD: 0020 COTTON AND HINSONTON VTD: 0025 FAIRCLOTH VTD: 0030 PARKER VTD: 0035 PEBBLE CITY VTD: 0040 PELHAM THOMAS COUNTY VTD: 0002 BALFOUR VTD: 0003 BOSTON VTD: 0008 METCALF VTD: 0012 DOUGLAS VTD: 0013 ARMORY (Part)
Tract: 9608. Block(s): 166C, 167, 512B, 513B, 514B, 515, 516, 517, 518B, 519B, 520, 521, 522, 523, 524, 525, 526, 527, 528, 530
Tract: 9610. Block(s): 333, 334, 338
VTD: 0015 HARPER VTD: 0016 SUSIE DUNLAP
District: 12
STEWART COUNTY WEBSTER COUNTY QUITMAN COUNTY TERRELL COUNTY RANDOLPH COUNTY CLAY COUNTY CALHOUN COUNTY BAKER COUNTY
VTD: 0002 ELMODEL VTD: 0004 MILFORD VTD: 0005 NEWTON DOUGHERTY COUNTY VTD: 0004 LOWER DEERFIELD-WINDSOR VTD: 0007 BROAD AVENUE SCHOOL VTD: 0009 WESTTOWN LIBRARY VTD: 0010 RIVERVIEW ACADEMY 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

TUESDAY, MARCH 24, 1992

2521

District: 13
DOOLY COUNTY CRISP COUNTY TURNER COUNTY WORTH COUNTY IRWIN COUNTY BEN HILL COUNTY
VTD: 0002 EASTERN (Part) Tract: 9601. Block(s): 102 Tract: 9604. Block(s): 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223 224, 225, 226, 231, 232, 233, 234, 235, 301, 302, 303, 304, 305, 306, 307, 308, 309, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 351, 352, 411, 412, 413, 414A, 414B, 414C, 414D, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424A, 424B, 425, 426, 427, 428, 429, 430, 431, 432, 433A, 433B, 434 Tract: 9605. Block(s): 301, 308, 309, 316, 317, 324, 325, 332, 333A, 333B, 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, 504, 505, 506, 507, 508, 509, 510, 511A, 511B, 512, 513, 514A, 514B, 515, 516, 517, 518, 519, 520, 521A, 521B, 522A, 522B, 523A, 523B, 524A, 524B, 525, 526A, 526B, 526C, 527, 528, 529, 530, 531, 532A, 532B, 533, 534, 535, 536, 537, 538, 539, 542, 543A, 543B, 544A, 544B, 544C, 545A, 545B, 546, 547, 548A, 548B, 548C, 548D, 548E, 548F, 549, 550, 551A, 551B, 551C, 552, 553, 554A, 554B, 556, 557, 558, 559, 560, 573, 574, 575, 576, 577, 578, 579, 580, 581, 582, 583, 584, 586, 591, 592
VTD: 0003 WESTERN (Part) Tract: 9603. Block(s): 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125A, 125B, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141A, 141B, 141C, 142A, 142B, 142C, 143, 144A, 144B, 144C, 144D, 145, 146, 147A, 147B, 148A, 148B, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 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, 246, 247, 248, 249, 250, 301A, 301B, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311A, 311B, 312, 313, 314, 315A, 315B, 316, 317A, 317B, 318, 319A, 319B, 319C, 320, 401, 402, 403, 404, 405, 406, 407A, 407B, 408A, 408B, 409A, 409B, 410, 411A, 411B, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425 Tract: 9604. Block(s): 104, 105, 106, 107, 108, 109, 110, 111, 112, 201, 202, 203, 204, 205A, 205B, 206, 207, 208, 209, 210A, 210B, 227, 228, 229, 230, 310, 311, 312, 313, 329, 330, 331, 332, 348, 349, 350 Tract: 9605. Block(s): 101A, 101B, 102A, 102B, 102C, 103A, 103B, 104A, 104B, 105, 106, 107, 108A, 108B, 109A, 109B, 109C, 109D, 109E, 110A, HOB, 111, 112, 113, 114A, 114B, 115, 116, 117A, 117B, 118A, 118B, 119A, 119B, 120, 121, 122A, 122B, 123, 124, 125, 126, 127A, 127B, 127C, 128, 129, 130, 131A, 131B, 131C, 132, 133, 134A, 134B, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149A, 149B, 150, 151A, 151B, 152, 153, 154A, 154B, 155A, 155B, 155C, 156, 157, 201, 202, 203, 204, 205, 206, 207, 208A, 208B, 209, 210A, 210B, 211A, 211B, 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, 246,

2522

JOURNAL OF THE SENATE

247, 248, 249, 250, 251, 252, 302, 303, 304, 305, 306, 307, 310, 311, 312, 313, 314, 315, 318, 319, 320, 321, 322, 323, 326, 327, 328, 329, 330, 331, 334, 335, 336, 337, 338A, 338B, 338C, 338D, 338E, 339, 340A, 340B, 340C, 340D, 341, 342A, 342B, 343, 344A, 344B, 345, 346, 347, 348, 349, 350, 351, 352, 353, 354, 355, 356, 357, 358, 359, 360, 361, 362, 363, 364, 365, 366, 367, 368, 369A, 369B, 369C, 370, 555 COLQUITT COUNTY VTD: 0001 BRIDGE CREEK (Part) Tract: 9709. Block(s): 224, 263, 264, 275, 301B, 317, 318, 319, 320, 322, 323, 324, 325A, 325C, 326, 327, 328, 329, 330, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418A, 418B, 418C, 418D, 419, 420, 459, 460, 461, 462 VTD: 0002 CROSSLAND VTD: 0003 DOERUN VTD: 0004 FUNSTON (Part) Tract: 9709. Block(s): 101, 102, 103A, 103B, 104A, 104B, 105, 106, 107, 108, 109, 118, 119, 120, 121, 122, 123A, 123B, 124, 125, 126, 127A, 127B, 128, 129B, 130, 132, 133, 223, 308A, 309, 310, 311, 312, 313, 314A VTD: 0005 HAMILTON VTD: 0007 LEE VTD: 0008 MILL CREEK VTD: 0009 MONK VTD: 0010 MOULTRIE (Part) Tract: 9703. Block(s): 215A, 215B Tract: 9704. Block(s): 107A, 108A, 108B, 109A, 110A, 111, 112, 119, 120, 121, 126, 127, 136A, 138A, 139, 140, 141, 142, 143, 201A, 203A, 204, 205, 206, 207, 208, 209, 210, 211, 232, 233, 234, 235A, 236A, 237A, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 335A, 337, 340, 341, 342 Tract: 9706. Block(s): 102A, 104A, 104B, 105A, 106A, 108A, 108C, 116A, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126A, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139A, 139B, 301, 302A, 302B, 304, 305, 306A, 307A, 308A, 314A, 315A, 316, 317, 318, 322A Tract: 9707. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121A, 121B, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131A, 131B, 132, 133, 134, 135, 136, 137, 138, 139, 201, 202, 203, 204, 217, 218, 219, 220, 230, 231, 232, 233, 234, 235, 243, 244, 245, 246, 247, 248, 249, 257, 258, 308, 309, 310, 311, 312, 313, 330, 331, 335, 336, 337, 338, 339, 340, 341, 342, 343, 401, 402A, 402B, 403A, 403B, 404A, 404B, 405, 406A, 406B, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419A, 419B, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 501A, 502, 503, 505, 506, 509A, 510A, 511A, 512A, 513A, 513B, 513C, 514, 515, 516A, 517A, 518A, 519, 520A, 521A, 522A, 537, 538A, 601, 602, 603, 604, 605, 606, 607, 608, 609, 610, 611, 612, 613, 614, 615, 616, 617, 618, 619, 620, 621, 622A, 622B, 623A, 623B, 624, 625A, 626A, 627, 628, 629, 630 Tract: 9708. Block(s): 131, 132, 133, 201, 202, 203, 204, 212, 213, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 301A, 301B, 301D, 301E, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418 VTD: 0011 MURPHY VTD: 0012 NORMAN PARK VTD: 0013 ROBINSON VTD: 0014 THIGPEN

TUESDAY, MARCH 24, 1992

2523

VTD: 0015 TY TY VTD: 0016 WARRIOR VTD: 0017 HOPEWELL VTD: 0019 AUTREYVILLE COOK COUNTY VTD: 0001 ADEL WEST VTD: 0003 PINE VALLEY VTD: 0006 RIVER BEND VTD: 0007 SPARKS MITCHELL COUNTY VTD: 0045 RAIFORD VTD: 0050 SALE CITY"
"District: 43
DEKALB COUNTY VTD: 0004 ATHERTON VTD: 0007 BOB MATHIS VTD: 0015 CANBY VTD: 0017 CARRIAGE CLUSTER AND WOODRIDGE VTD: 0022 CHAPEL HILL VTD: 0029 COUNTY LINE VTD: 0031 CROSSROADS VTD: 0044 FAIRINGTON VTD: 0070 LITHONIA VTD: 0077 MCWILLIAMS VTD: 0085 MILLER ROAD VTD: 0096 PANOLA VTD: 0097 PANOLA WAY VTD: OOAB PHILLIPS VTD: OOAF RAINBOW VTD: OOAG RAINBOW PARK VTD: OOAH REDAN NORTH (Part) Tract: 0233.05 Block(s): 101, 102, 501, 502, 503, 504, 505 VTD: OOAJ REDAN SOUTH (Part) Tract: 0233.06 Block(s): 402, 403, 404, 405, 406, 507, 508, 509A Tract: 0233.07 Block(s): 101, 102, 103, 201, 202, 203, 204, 205, 206, 207, 212, 213, 214, 215, 501, 502, 503, 504, 505, 506 Tract: 0233.08 Block(s): 501, 502, 503, 504, 505, 515 VTD: OOAL ROCKBRIDGE VTD: OOAQ ROWLAND ROAD VTD: OOAT SALEM VTD: OOBC SNAPFINGER VTD: OOBE SPRING HILL VTD: OOBH STONEVIEW VTD: OOBV WESLEY CHAPEL"
"District: 55
DEKALB COUNTY VTD: 0001 ALLGOOD VTD: 0016 CANDLER VTD: 0018 CASA LINDA VTD: 0026 CLARKSTON VTD: 0036 DUNAIRE

2524

JOURNAL OF THE SENATE

VTD: 0038 EAST LAKE VTD: 0046 FLAT SHOALS VTD: 0059 INDIAN CREEK VTD: 0060 INGLESIDE VTD: 0062 JOLLY VTD: 0063 KELLY LAKE VTD: 0066 KNOLLWOOD VTD: 0072 MAINSTREET NORTH VTD: 0073 MAINSTREET SOUTH VTD: 0080 MEMORIAL NORTH VTD: 0081 MEMORIAL SOUTH VTD: 0083 MIDWAX VTD: 0084 MIDWAY PARK VTD: 0098 PEACHCREST VTD: OOAC PINE LAKE VTD: OOAH REDAN NORTH (Part)
Tract: 0233.05 Block(s): 201, 202, 203, 204, 301, 302, 303, 304, 305, 306, 307, 308, 309, 401, 402
Tract: 0233.06 Block(s): 301, 302, 303, 304, 305, 401, 407, 408
VTD: 00AM ROCK CHAPEL VTD: OOAN ROWLAND VTD: OOAP ROWLAND HILLS VTD: OOAV SCOTTDALE VTD: OOBK TILSON VTD: OOBL TONEY VTD: OOBN TOWERS VTD: OOBT WADSWORTH"

Senator Walker of the 43rd moved that the Senate adopt the Conference Committee report on SB 567.

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 Clay CDC.-, ooa,wll,eh.kmnisnans
Deal
Dean
Echols
Edge
Egan English

Foster Garner Gillis Hammill Harris Hasty HTHHJoie.l.nol. skosn
Huggins
Johnson
Kidd
Marable
Moye Newbill

Perdue Perry Pollard Ragan of 32nd Ramsey R KDQcoo,btitnson
t)tarr
Stemberg
Tate
Thompson
Walker of 22nd Walker of 43rd

Those voting in the negative were Senators:

Bowen Burton Phillips

Ragan of 10th Taylor Timmons

Turner Tysinger White

TUESDAY, MARCH 24, 1992

2525

Those not voting were Senators:

Alien (excused)

Langford

Shumake

On the motion, the yeas were 44, nays 9; the motion prevailed, and the Senate adopted the Conference Committee report on SB 567.

Senator Garner of the 30th asked unanimous consent to suspend Senate Rule 156 re quiring the Conference Committee report on HB 1340 to be distributed one (1) hour before its consideration by the Senate; the consent was granted, and the following Conference Committee report was distributed and considered:

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.

The Conference Committee report on HB 1340 was as follows:
The Committee of Conference on HB 1340 recommends that both the Senate and the House of Representatives recede from their positions and that the attached documents be adopted: a document captioned "Committee of Conference Substitute to HB 1340" (LC 21 1842S) as modified and perfected by two amendatory documents: (1) a document cap tioned as the Hanner-Thurmond Amendment (AM 14 0063); and (2) a document cap tioned as the McKinney Amendment (Am 21 0224).
Respectfully submitted,

FOR THE SENATE:
1st J. Wayne Garner Senator, 30th District
/s/ Gene Walker Senator, 43rd District
/s/ George Hooks Senator, 14th District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Bob Hanner Representative, 131st District
/s/ Sonny Dixon Representative, 128th District
/s/ Tommy Smith Representative, 152nd District

Committee of Conference Substitute to HB 1340 (LC 21 1842S):

A BILL
To be entitled an Act 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; to provide for the number of Representatives; 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 28-2-1 of the Official Code of Georgia Annotated, relating to apportionment and qualifications for the House of Representatives, is amended by striking in its entirety subsection (a) and inserting in lieu thereof the following:
"(a) There shall be 180 members of the House of Representatives, and such member ship shall be apportioned among the representative districts provided for in this subsection. Each such district shall be composed of either a portion of a county, or a county, or coun ties, or any combination thereof, as provided in this subsection, and shall be represented by one Representative.

2526

JOURNAL OF THE SENATE

District: 1
DADE COUNTY WALKER COUNTY
VTD: 0009 MOUNTAIN VTD: 0010 CHATTANOOGA VALLEY VTD: 0011 DAUGHERTY VTD: 0014 ROSSVILLE VTD: 0015 CHICKMAUGA AND WALLACEVILLE (Part)
Tract: 0205. Block(s): 203, 204, 219
VTD: 0016 FAIRYLAND VTD: 0017 FAIRVIEW (Part)
Tract: 0201. Block(s): 305, 311, 312, 322, 335A, 335B, 335C, 335D, 335E, 336, 337A, 337B, 338, 401, 402A, 402B, 403, 404, 405, 406, 407, 408, 409, 410A, 410B, 411, 412A, 412B, 413A, 413B, 414A, 414B, 415, 416A, 416B, 417, 418, 419, 420, 421, 422, 423A, 423B, 424A, 424B, 425, 426, 430, 501, 502, 503, 505, 506, 507, 508, 509, 510, 511, 512, 513, 601, 602, 603, 604, 605, 606, 607, 608, 609, 610, 611, 612, 613, 614, 615, 616, 617, 618, 702A, 702B, 702C, 703, 707, 708, 709, 710, 718
Tract: 0203. Block(s): 524, 525, 526, 527, 528, 529, 530, 531, 533, 535, 536, 537, 538, 539, 540, 541
District: 2
CATOOSA COUNTY VTD: 0002 BOYNTON (Part) Tract: 0307. Block(s): 204A, 204C, 204D, 207B, 701A, 701B, 702, 703, 704, 705, 706, 707, 708, 709, 710, 711, 712, 713, 714, 715, 716, 718 VTD: 0003 FORT OGLETHORPE (Part) Tract: 0307. Block(s): 101A, 101C, 101D, 159A, 160, 161A, 162, 163, 164, 201, 202, 203, 204B, 204E, 204F, 204G, 204H, 205, 206, 207A, 208, 209, 313, 314, 315, 316, 317, 318, 319, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 501, 502, 503, 504, 505, 506, 507, 508, 509, 607A, 608, 609, 610, 611, 612, 613, 614, 615, 616, 617, 618, 619, 620, 621, 622, 623, 624, 625, 626, 627, 628, 629, 630, 631, 632 VTD: 0004 LAKEVIEW (Part) Tract: 0307. Block(s): 161B, 161C, 161D VTD: 0005 WESTSIDE (Part) Tract: 0307. Block(s): 101B, 101E, 102, 157, 158, 159B, 165, 166
WALKER COUNTY VTD: 0001 CHESTNUT FLAT VTD: 0002 LAFAYETTE VTD: 0003 POND SPRINGS VTD: 0005 PEA VINE VTD: 0006 EAST ARMUCHEE VTD: 0007 CANE CREEK VTD: 0008 WEST ARMUCHEE VTD: 0012 CEDAR GROVE VTD: 0013 KENSINGTON VTD: 0015 CHICKMAUGA AND WALLACEVILLE (Part) Tract: 0201. Block(s): 716A, 716B, 717A, 717B Tract: 0203.

TUESDAY, MARCH 24, 1992

2527

Block(s): 507, 508, 509, 510, 511, 601, 602, 603, 604, 605, 606, 607, 608, 609, 610, 611, 612, 613, 614, 615, 616, 617, 618, 619, 620, 621
Tract: 0205. Block(s): 202, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 220, 221, 222, 223, 224, 225A, 225B, 225C, 226 227A, 227B, 228, 229, 230, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 301, 302, 303, 304, 305, 306A, 306B, 307A, 307B, 308, 309A, 309B, 309C, 309D, 310, 311, 312, 313, 314, 315, 316, 317, 318A, 318B, 318C, 318D, 318E, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336A, 336B, 337A, 337B, 337C, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349A, 349B, 350, 351, 352, 353A, 353B, 354, 355A, 355B, 356, 357, 358, 359, 360, 361, 362, 363, 364, 366B, 367, 369, 370, 371, 376, 384, 385, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425A, 425B, 426A, 426B, 427A, 427B, 428A, 428B, 428C, 429, 430, 431, 432, 433, 434, 435, 436, 437, 438, 439, 440, 441, 442, 443, 444, 445, 446, 447, 448A, 448B, 449, 450, 451A, 451B, 451C, 451D, 452, 453, 454, 455, 456, 457, 458, 459, 460, 461, 524, 526
Tract: 0206.01 Block(s): 202, 203, 204, 205
VTD: 0017 FAIRVIEW (Part) Tract: 0201. Block(s): 701, 702D, 704, 705, 706, 711A, 711B, 712, 713, 714, 715, 719, 720, 721, 722A, 722B, 722C, 723 Tract: 0205. Block(s): 201, 231, 232
District: 3
CATOOSA COUNTY VTD: 0001 RINGGOLD VTD: 0002 BOYNTON (Part) Tract: 0302. Block(s): 307, 308, 309, 310, 311, 312 Tract: 0303. Block(s): 502, 503, 504, 505, 514, 516, 518, 519, 525, 526 Tract: 0304. Block(s): 123, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316A, 316B, 317, 318, 319, 320, 321, 322, 335, 336, 337, 338, 401, 402, 403, 404, 405, 414, 417, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 515, 701, 702, 703, 704, 705, 706, 707, 708, 709, 711, 712, 713, 714, 715, 716 VTD: 0003 FORT OGLETHORPE (Part) Tract: 0306. Block(s): 304A, 312, 313, 314, 403A, 418, 420, 421, 422, 427A, 428A, 519A Tract: 0307. Block(s): 103, 104, 107, 301A, 302A, 303, 305A, 306A, 306B, 307, 308, 309, 310A, 310B, 311, 312, 401, 402, 601, 603A VTD: 0004 LAKEVIEW (Part) Tract: 0305. Block(s): 301A, 301B, 315, 318, 319, 320, 321, 322, 324 Tract: 0306. Block(s): 101, 102, 103, 104, 105, 106, 108, 109, 110, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 301, 302, 303, 304B, 305, 306, 307, 308, 309, 310, 311, 401, 402, 403B, 404A, 404B, 404C, 404D, 405A, 405B, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417A, 417B, 419, 423, 424, 425, 426, 427B, 428B, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 516, 517, 518, 519B, 519C, 520, 521 Tract: 0307. Block(s): 301B, 302B, 304, 305B, 306C, 310C, 602, 603B, 604, 605, 606, 607B

2528

JOURNAL OF THE SENATE

VTD: 0005 WESTSIDE (Part) Tract: 0304. Block(s): 210, 211, 213, 214A, 214B, 215, 216A, 216B, 218, 219, 710A, 710B Tract: 0305. Block(s): 101A, 101B, 102A, 102B, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210
VTD: 0006 CATOOSA-KEITH VTD: 0007 CHAMBERS VTD: 0008 DUNCAN PARK VTD: 0009 BLACKSTOCK VTD: 0010 WOODSTATION VTD: 0011 GRAYSVILLE
District: 4
WHITFIELD COUNTY VTD: 0002 2A (Part) Tract: 0003. Block(s): 314, 335, 336 Tract: 0005. Block(s): 111C, 116, 117, 118, 119, 122, 123, 124, 125, 126, 127, 128G, 138D Tract: 0008. Block(s): 124C VTD: 0005 5A VTD: 0009 COHUTTA VTD: 0011 EASTSIDE VTD: 0013 GROVELEVEL VTD: 0014 LOWER TENTH VTD: 0015 MILL CREEK AND WESTSIDE (Part) Tract: 0007. Block(s): 109, 110, 111, 112, 113, 114, 230, 231, 232, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 321, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419 Tract: 0008. Block(s): 121B, 123A, 123D, 148, 201, 202, 203, 204, 205, 206, 207, 208, 209, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 229, 230, 231, 232, 302B, 302C, 302D, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 413, 414, 415, 417, 474, 475, 476, 477, 478 VTD: 0016 NINTH VTD: 0017 PLEASANT GROVE VTD: 0019 TRICHUM VTD: 0020 TUNNEL HILL VTD: 0022 VARNELL
District: 5
WHITFIELD COUNTY VTD: 0001 1A VTD: 0002 2A (Part) Tract: 0005. Block(s): 111A, 111B, 112A, 112B, 128A, 128B, 128C, 128D, 128E, 128F, 128H, 129, 130, 131, 132, 133, 134A, 134B, 135, 136A, 136B, 137A, 137B, 147, 148, 149A, 149B, 150A, 150B, 150C, 151, 152A, 152B, 153, 502, 503, 504, 505, 511A, 511B, 703, 704, 705A, 705B, 706A, 706B, 706C, 707 Tract: 0006.98 Block(s): 422A, 422B, 422C, 422D, 423A, 423B Tract: 0008. Block(s): 101A, 101B, 102A, 102B, 102C, 103A, 103B, 103C, 103D, 104, 105A,

TUESDAY, MARCH 24, 1992

2529

105B, 106A, 106B, 107A, 107B, 108, 109A, 109B, 110A, HOB, HOC, 111, 112, 113, 114, 115, 116, 117A, 117B, 117C, 117D, 117E, 118A, 118B, 118C, 118D, 119A, 119B, 119C, 119D, 119E, 119F, 119G, 119H, 119J, 120A, 120C, 124A, 124B, 124D, 125, 126, 127, 128, 129, 130A, 130B, 130C, 130D, 130E, 131, 132, 133, 134, 135A, 135B, 135C, 135D, 135E, 136, 137, 138, 139, 140A, HOB, 140C, 141A, 141B, 142, 143, 144, 145, 146A, 146B, 401A, 401B, 401C, 401D, 401E, 402, 410A, 410B, 410C, 410D Tract: 0009. Block(s): 301A, 301B, 301C, 301D, 302, 303, 304, 305, 306A, 306B, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317A, 317B, 317C, 318 VTD: 0003 3A VTD: 0004 4A VTD: 0006 6A VTD: 0007 ANTIOCH VTD: 0008 CARBONDALE VTD: 0010 DUG GAP VTD: 0012 FINCHER VTD: 0015 MILL CREEK AND WESTSIDE (Part) Tract: 0008. Block(s): 120B, 120D, 121A, 121C, 122, 123B, 123C, 210, 211, 212, 213, 214, 227, 228, 301, 302A VTD: 0018 TILTON
District: 6
MURRAY COUNTY FANNIN COUNTY
VTD: ZZZZ VTD's not defined (Part) Tract: 9501. Block(s): 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 196, 197, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220B, 221, 222, 223, 224, 225, 226, 227, 229B, 230B, 231, 232B, 234B, 235B, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 263B Tract: 9502. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116A, 116B, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126A, 126B, 127A, 127B, 127C, 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, 161A, 161B, 162, 163A, 163B, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 184, 185, 186, 187, 188, 189, 190, 191, 192, 193, 194, 195, 196, 197, 201A, 201B, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220A, 220B, 220C, 221, 222, 223, 224, 225, 226, 227, 301, 302, 303, 304, 305, 306, 307, 308A, 308B, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323A, 323B, 324, 325, 326, 327A, 327B, 328A, 328B, 329A, 329B, 330A, 330B, 331A, 331B, 332, 333, 334, 335, 336, 337, 338, 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, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 516, 517, 518, 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, 546, 547, 548, 549, 550, 551, 552, 553, 554, 555, 556, 557, 558, 559, 560, 561, 562, 563, 564, 565, 566, 567, 568, 569, 570, 571, 572, 573, 574, 575 Tract: 9503.98 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,

2530

JOURNAL OF THE SENATE

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, 183, 184, 185, 186, 187, 188, 189, 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, 234A, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 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, 270, 271, 272, 273, 274, 275, 276, 277, 278 Tract: 9504. Block(s): 101, 102, 103, 104, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117D, 118, 119, 120, 121, 122, 123, 142, 145B, 145C, 146B, 147, 148, 149, 150, 151, 152, 153, 154B, 155, 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, 241B, 242B, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264B, 265, 269, 270, 271, 272, 273, 274, 275, 276, 277, 278, 279, 280, 433B, 434B, 435, 437, 438, 439, 440, 441, 442, 443, 444, 445, 446, 447, 450, 451 WHITFIELD COUNTY VTD: 0021 UPPER TENTH
District: 7
UNION COUNTY GILMER COUNTY FANNIN COUNTY
VTD: ZZZZ VTD'S not defined (Part) Tract: 9501. Block(s): 101, 102, 103, 104, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 184, 185, 186, 187, 188, 189, 190, 191, 192, 193, 194, 195, 220A, 228A, 228B, 229A, 230A, 232A, 233, 234A, 235A, 250, 251, 252, 253, 254, 255, 256, 257A, 257B, 258A, 258B, 259, 260A, 260B, 261, 262A, 262B, 263A, 264, 265, 266, 267A, 267B, 268, 269, 270, 271, 272, 273, 274, 275, 276, 277, 278, 279, 280, 281, 282, 283, 284, 285, 286, 287, 288, 289, 290, 291, 292, 293 Tract: 9504. Block(s): 105, 117A, 117B, 117C, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141A, 141B, 143, 144, 145A, 146A, 154A, 156, 157, 158, 159, 160, 161, 162, 163, 164A, 164B, 165A, 165B, 166, 167A, 167B, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 241A, 242A, 264A, 266, 267, 268, 301A, 301B, 302, 303, 304, 305, 306, 307A, 307B, 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, 341, 342, 343, 344, 345, 346, 347, 348, 349A, 349B, 349C, 350A, 350B, 351, 352, 353, 354, 355, 356A, 356B, 357, 358A, 358B, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417A, 417B, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429A, 429B, 430A, 430B, 431, 432, 433A, 434A, 436, 448, 449, 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 Tract: 9505. 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, 154A, 154B, 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, 185, 186A, 186B, 187A, 187B, 188, 189, 190, 191, 201, 202, 203, 204A, 204B, 204C, 205, 206, 207, 208A, 208B, 209, 210, 211, 212, 213, 214, 215, 216A, 216B, 216C, 217A, 217B, 218, 219, 220, 221, 222, 223, 224, 225A, 225B,

TUESDAY, MARCH 24, 1992

2531

226, 227, 228, 229A, 229B, 230, 231A, 231B, 231C, 232, 233, 234, 235A, 235B, 236, 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, 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, 384, 385, 386, 387, 388, 389, 390, 391, 392, 393, 394, 395, 396, 397 Tract: 9506.98 Block(s): 126A LUMPKIN COUNTY VTD: 0002 CANE CREEK, HIGHTOWER, AND NIMBLEWILL VTD: 0003 CHESTATEE VTD: 0015 YAHOOLA
District: 8
RABUN COUNTY TOWNS COUNTY LUMPKIN COUNTY
VTD: 0001 AURARIA AND DAHLONEGA VTD: 0004 CRUMBY AND PORTER SPRINGS VTD: 0007 FROGTOWN VTD: 0009 MARTINS FORD VTD: 0010 MILL CREEK VTD: 0013 SHOAL CREEK VTD: 0014 WAHOO WHITE COUNTY VTD: 0001 ROBERTSTOWN AND HELEN VTD: 0004 TESTANEE VTD: 0005 BLUE RIDGE VTD: 0006 TOWN CREEK VTD: 0011 SHOAL CREEK
District: 9
HABERSHAM COUNTY WHITE COUNTY
VTD: 0003 NACOOCHEE AND BLUE CREEK VTD: 0007 MT. VONAH VTD: 0009 WHITE CREEK VTD: 0010 MOSSY CREEK
District: 10
GORDON COUNTY
District: 11
CHATTOOGA COUNTY FLOYD COUNTY
VTD: 0001 ALTO PARK (Part) Tract: 0013. Block(s): 215C, 238, 242 Tract: 0014. Block(s): 102B, 107, 108, 113, 117, 125, 126, 127, 128, 129, 130, 131, 305, 341, 342, 343, 345A, 347A, 348, 349, 350, 351, 352, 353, 354
VTD: 0002 ARMUCHEE VTD: 0007 EVERETT SPRINGS VTD: 0008 FLOYD SPRINGS VTD: 0009 FOSTER'S MILL VTD: 0010 GARDEN LAKES AND GLENWOOD (Part)

2532

JOURNAL OF THE SENATE

Tract: 0002. Block(s): 101, 110, 111, 113, 114, 115, 116, 117, 118, 119, 120, 121A, 121B, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 133, 136, 137, 138, 139, 143, 144, 145, 146, 149, 150, 151, 152, 153A, 153B, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171
Tract: 0003. Block(s): 101, 102, 103, 104, 106, 108, 109, 113, 114, 115, 116, 117C, 117D, 128A, 128B, 129, 132, 133B, 134, 135, 335A, 335B, 336, 337, 341, 342 343, 344, 345, 346, 347, 348, 349, 350, 351, 352, 353, 354, 355, 356
VTD: 0014 LIVINGSTON VTD: 0016 NORTH CAROLINA (Part)
Tract: 0003. Block(s): 325, 326, 327, 328, 329, 330, 331, 332, 333, 334
Tract: 0014. Block(s): 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, 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, 344, 345B, 346, 347B, 401, 402, 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, 524, 525, 526, 527, 528, 529, 530, 531, 532, 533, 534, 535, 536, 537, 538, 539, 540, 541, 542, 543, 544, 545, 546, 547, 548, 549, 550, 551, 552, 553, 554, 555, 556
VTD: 0020 TEXAS VALLEY WALKER COUNTY
VTD: 0004 WILSON
District: 12
FLOYD COUNTY VTD: 0001 ALTO PARK (Part) Tract: 0012. Block(s): 221C, 223, 224B, 226C, 226D, 226E, 226F, 226G, 227, 228, 229, 230B, 231, 232B, 234B, 235, 236B, 238 Tract: 0013. Block(s): 123A, 123B, 123D, 123E, 124C, 126B, 127B, 128A, 128C, 128D, 131B, 131C, 132A, 132F, 132G, 132H, 133, 135B, 224, 231, 235, 236, 237, 239, 240, 241, 243 Tract: 0014. Block(s): 101A, 101B, 101C, 101D, 101E, 101F, 101G, 101H, 101J, 101K, 103, 104, 105, 106, 109A, 109B, 109C, 109D, 109E, 109F, 109G, 110A, HOB, 111A, 111B, 111C, HID, HIE, 112A, 112B, 112C, 114, 115, 116, 118, 119, 120A, 120B, 120C, 121, 122, 123, 124, 303 VTD: 0006 ETOWAH (Part) Tract: 0008. Block(s): 103, 105, 111C, 120C, 120D, 120E, 139B, 155B, 211E, 218B, 223B, 224 VTD: 0010 GARDEN LAKES AND GLENWOOD (Part) Tract: 0002. Block(s): 132, 134, 135, 147B, 147D Tract: 0003. Block(s): 105A, 105B, 107, 110A, HOB, HOC, HOD, HOE, 111A, 111B, 111C, HID, 112A, 112B, 112C, 112D, 117A, 117E, 118A, 118,B, 119A, 119B, 119C, 120A, 120B, 121A, 121B, 121C, 121D, 121E, 121F, 121G, 121H, 121J, 121K, 121L, 121M, 121N, 121P, 122A, 122B, 122C, 122D, 123A, 123B, 123C, 123D, 124A, 124B, 124C, 124D, 124E, 125A, 125B, 125C, 125D, 125E, 125F, 126A, 126B, 126C, 127A, 127B, 130A, 130B Tract: 0004.

TUESDAY, MARCH 24, 1992

2533

Block(s): 101A, 101B, 101C, 101D, 101E, 101F, 101G, 102A, 102B, 102C, 102D, 102E, 102F, 102G, 102H, 102J, 102K, 102L, 102M, 102N, 102P, 103A, 103B, 104A, 104B, 104C, 105, 106A, 106B, 106C, 107A, 107B, 108A, 108B, 108C, 108D, 108E, 109A, 109B, 109C, 111A, 111B, 111C, HID, 112, 113, 114A, 114B, 115A, 115B, 115C, 115D, 115E, 115F, 115G, 116A, 116B, 117A, 117B, 117C, 117D, 117E, 117F, 117G, 117H, 117J, 118A, 118B, 118C, 118D, 118E, 118F, 119A, 119B, 119C, 119D, 119E, 120A, 120B, 120C, 120D, 120E, 120F, 120G, 122A, 122B, 122C, 122D, 123A, 123B, 124, 127A, 127B, 128A, 128B, 129, 130A, 130B, 144, 145, 146
VTD: 0015 MOUNT ALTO ONE VTD: 0016 NORTH CAROLINA (Part)
Tract: 0014. Block(s): 301, 302, 304
VTD: 0017 NORTH ROME (Part) Tract: 0006. Block(s): 143, 144, 145, 147, 152, 153, 154, 157A, 201A, 202, 203A, 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, 246, 247, 248, 249, 250, 251, 252A, 253A, 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, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 351, 352, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414 Tract: 0008. Block(s): 104, 106, 107, 108, 109, 110A, HOB, 111A, 111B, 112A, 112B, 112C, 112D, 113, 114, 115, 116, 117, 118A, 118B, 119, 120A, 120B, 120F, 120G, 120H, 120J, 130, 132, 134, 135, 136, 138A, 139A, 142, 143, 144, 146, 147, 148, 149, 150, 152, 155A, 201, 202, 203, 204, 205, 207, 208, 209, 210, 211A, 211B, 212, 213, 215, 218A, 220, 223A, 225, 229A, 230, 231
VTD: 0019 SOUTH ROME VTD: 0021 TOWN ROME VTD: 0024 WEST LINDALE (Part)
Tract: 0015. Block(s): 166A, 166B
Tract: 0016. Block(s): 304A, 304B, 304C, 305A, 305B, 305C, 314B, 315B, 316B, 317B, 318B, 319B, 320A, 320B, 321A, 321B, 322A, 322C, 323A, 323B, 324, 325, 326A, 326B, 333B
Tract: 0018. Block(s): 101A, 103A, 122A, 123A, 154A, 202B, 240
Tract: 0019. Block(s): 101A, 101B, 101C, 116C
VTD: 0025 EAST ROME VTD: 0026 EAST LINDALE (Part)
Tract: 0009. Block(s): 151C, 155B
Tract: 0016. Block(s): 206C, 211B, 228, 229, 230C, 301, 302B
Tract: 0017. Block(s): 105H, 108D, 108E, 109E, 109F, 110, 115, 116B, 120D, 120E, 120F, 121B, 122B, 125
Tract: 0018. Block(s): 153, 210
VTD: 0035 MOUNT ALTO TWO
District: 13
BARTOW COUNTY

2534

JOURNAL OF THE SENATE

VTD: 0001 ADAIRSVILLE VTD: 0004 CASSVILLE (Part)
Tract: 9601. Block(s): 224, 225, 226, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257
Tract: 9602. Block(s): 146, 147, 148
Tract: 9604. Block(s): 208, 234A, 234B, 301, 302, 303, 304, 305, 306, 307, 308
VTD: 0008 SIXTH FLOYD COUNTY
VTD: 0003 BARKER'S VTD: 0004 CAVE SPRINGS VTD: 0005 CHULIO VTD: 0006 ETOWAH (Part)
Tract: 0001.98 Block(s): 176, 177, 178
Tract: 0007. Block(s): 101, 103, 123, 124, 125, 127, 129, 130, 131, 132, 133, 134, 137, 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, 230, 231, 233
Tract: 0008. Block(s): 101A, 101B, 102, 121, 122, 123, 124, 125, 126, 127, 128, 129, 131, 133, 137, 138B, 140, 141, 145, 151, 206, 211C, 211D, 214, 216, 217, 219, 221, 222, 226, 227, 228, 229B, 232, 233
Tract: 0021.97 Block(s): 250B, 255C
VTD: 0010 GARDEN LAKES AND GLENWOOD (Part) Tract: 0002. Block(s): 147A, 147C, 148, 172
VTD: 0013 HOWELL VTD: 0017 NORTH ROME (Part)
Tract: 0006. Block(s): 101A, 101B, 101C, 103A, 123, 128, 132, 133A, 134A, 135A, 136, 138A, 138B, 139, 148A, 149A, 150, 151, 155A, 156A, 156B
Tract: 0007. Block(s): 135A
VTD: 0018 RIVERSIDE (Part) Tract: 0006. Block(s): 101D, 101E, 101F, 101G, 101H, 101J, 101K, 101L, 102, 103B, 103C, 104A, 104B, 104C, 105A, 105B, 106A, 106B, 107, 108, 109A, 109B, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 124, 125, 126, 127, 129, 130, 131, 133B, 134B, 135B, 135C, 135D, 137, 138C, 138D, 138E, 140, 141, 142, 146, 148B, 148C, 149B, 155B, 156C, 157B, 158, 201B, 203B, 252B, 253B, 254 Tract: 0007. Block(s): 105, 106, 107, 113, 114, 118, 120, 122, 126, 128, 135B
VTD: 0022 VANN'S VALLEY VTD: 0023 WATTERS VTD: 0024 WEST LINDALE (Part)
Tract: 0017.
Block(s): 217, 220, 231, 232, 233, 234, 235, 241, 242, 243, 246, 247, 248, 249, 250 Tract: 0018.
Block(s): 104A, 104B, 105A, 106, 107, 108, 109A, 110, 111A, 113, 115B, 116, 117, 118, 119, 120, 121, 122C, 123D, 124A, 124B, 125A, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 144, 145, 146, 147, 148, 149, 150, 155, 156, 157, 201A, 201B, 202A, 203, 204, 205, 206, 207, 208, 209, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228,

TUESDAY, MARCH 24, 1992

2535

229A, 229B, 229C, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256 Tract: 0019. Block(s): 116A, 116B, 129, 130 VTD: 0026 EAST LINDALE (Part) Tract: 0009. Block(s): 149B, 150, 157, 203, 204, 205, 206, 207, 208, 209, 210B Tract: 0016. Block(s): 209, 213 Tract: 0017. Block(s): 105G, 119, 120C, 123, 124, 126, 127, 128, 129, 130, 131, 135, 136, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 218, 219, 221, 224, 227, 229, 230, 236, 237, 238, 240, 251, 252, 253, 254 Tract: 0018. Block(s): 143, 151, 152
District: 14
BARTOW COUNTY VTD: 0002 ALLATOONA VTD: 0003 CARTERSVILLE VTD: 0004 CASSVILLE (Part) Tract: 9601. Block(s): 223, 227 Tract: 9604. Block(s): 208, 209, 210, 228, 229, 230, 231, 232A, 232B, 233 Tract: 9605. Block(s): 301, 303, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317A, 317B, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332 VTD: 0005 CENTER VTD: 0006 EMERSON VTD: 0011 PINE LOG AND WOLF PEN VTD: 0012 STAMP CREEK
District: 15
PICKENS COUNTY CHEROKEE COUNTY
VTD: 0001 BALLGROUND VTD: 0004 CLAYTON VTD: 0005 CROSSROADS VTD: 0006 CONNS CREEK VTD: 0008 HARBINS VTD: 0009 HICKORY FLAT VTD: 0010 LICK SKILLET (Part)
Tract: 0908. Block(s): 201, 202, 203, 204, 205, 206, 207
VTD: 0011 LITTLE RIVER VTD: 0012 MULLINS VTD: 0013 SALICOA
District: 16
CHEROKEE COUNTY VTD: 0003 CANTON VTD: 0010 LICK SKILLET (Part) Tract: 0908. Block(s): 208, 209, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 516 Tract: 0909.01

2536

JOURNAL OF THE SENATE

Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 301, 302, 303, 304, 305
Tract: 0909.02 Block(s): 101, 102, 103A, 103B, 104A, 104B, 105, 106, 107, 108, 109, 110, 111, 112, 201, 202, 203, 204, 205, 206, 207, 208, 301, 302, 303, 304, 305, 306, 401, 402, 403, 404, 405
VTD: 0015 WILDCAT
District: 17
CHEROKEE COUNTY VTD: 0002 BELLS VTD: 0007 FAIR PLAY VTD: 0016 WOODSTOCK
District: 18
HARALSON COUNTY PAULDING COUNTY
VTD: 0002 HERSHEL JONES JR. HS (Part) Tract: 1203. Block(s): 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311B, 313, 315B, 316B, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329C, 330C, 330D, 331, 340D, 364, 365, 373, 374, 375 Tract: 1204. Block(s): 121, 123, 126, 127, 128, 129, 130, 131
VTD: 0007 NEW GA. RURITAN BALL FLD (Part) Tract: 1204. Block(s): 363 Tract: 1206.98 Block(s): 325, 326, 327, 328, 339, 340, 344, 345, 346, 347, 348, 349, 350, 351, 423
VTD: 0008 UNION ELEMENTARY SCHOOL VTD: 0009 YORKVILLE ELEM SCHOOL VTD: 0010 BURNT HICKORY FS POLK COUNTY VTD: 0002 BLOOMING GROVE (Part)
Tract: 9903. Block(s): 322, 323, 324, 325, 326, 327, 328, 332, 333, 334, 335, 336, 337, 338, 369, 370
Tract: 9904. Block(s): 147, 148, 149, 150, 151, 414, 415, 416, 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
VTD: 0003 BROWNING AND ROCKMART (Part) Tract: 9906. Block(s): 450, 451, 452, 453, 454, 455, 456, 457, 458, 459 Tract: 9907. Block(s): 542, 543, 544, 545, 546, 547, 548, 549, 550, 551, 552, 553, 554
VTD: 0005 ESOM HILL (Part) Tract: 9903. Block(s): 184, 185, 186, 187A, 188, 197, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 329, 330, 331, 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, 371, 372, 373, 374, 375, 376, 377, 378, 379
VTD: 0008 YOUNGS (Part) Tract: 9904. Block(s): 506, 507, 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, 546, 547, 548, 549,

TUESDAY, MARCH 24, 1992

2537

550, 551, 552, 553, 554, 555, 556, 557, 558, 559, 560, 561, 562, 563, 564, 565, 566, 567, 568, 569, 570, 571, 572, 573, 574 Tract: 9905. Block(s): 520, 521, 523, 524, 525, 648 VTD: 0009 ANTIOCH (Part) Tract: 9904. Block(s): 502, 503, 504, 505, 508, 509, 510, 511, 512, 513, 514, 515, 516, 517, 518, 519, 575, 576 Tract: 9905. Block(s): 623, 624, 625, 638, 640, 642, 643, 644, 645, 646, 647 Tract: 9906. Block(s): 442, 443, 444, 445, 446, 447, 448, 449, 460, 461, 462 VTD: 0011 PRIOR STATION (Part) Tract' 9902 Block(s): 135, 136, 137, 138, 139 Tract: 9903. 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, 183, 187B, 189, 190, 191, 192, 193, 194, 195, 196, 201, 202, 203, 204, 206, 212, 213, 214, 215, 216, 217, 220, 305, 306, 307
District: 19
DAWSON COUNTY HALL COUNTY
VTD: 0001 WILSON (Part) Tract: 0010. Block(s): 401A, 402, 403, 404, 405A, 405B, 405C, 410A, 410B, 410C, 410D, 411A, 411B, 411C, 411D, 411E, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430
VTD: 0011 CLERMONT VTD: 0012 QUILLIANS VTD: 0013 BARK CAMP VTD: 0014 FORK VTD: 0015 WHELCHEL VTD: 0016 WEST WELCHEL
District: 20
HALL COUNTY VTD: 0001 WILSON (Part) Tract: 0010. Block(s): 401B, 501A, 501B, 501C, 501D, 501F, 502A, 502B, 503, 504, 508A, 508B, 508C, 508D, 508E, 508F, 508G, 509A, 509B, 510A, 510B, 511A, 511B, 511C, 511D, 511E, 512A, 512B, 513, 514, 515, 516A, 516B, 601A, 601B, 602A, 602B, 603, 604, 605A, 605B, 606, 607, 608, 609, 610, 611, 612, 613, 614, 615, 616, 617, 618, 619, 620, 621, 622, 623, 624, 625, 626, 627, 628, 629, 630, 631, 632, 633, 634, 635A, 635B, 636A, 636B, 637A, 637B, 638, 639, 640, 641, 642, 643 Tract: 0014. Block(s): 102, 103A, 103B, 104A, 104B, 120A, 120B, 123A, 123B, 125A, 125B, 126 VTD: 0009 GLADE VTD: 0010 LULA VTD: 0017 GAINESVILLE I VTD: 0018 GAINESVILLE II VTD: 0019 GAINESVILLE III VTD: 0020 GAINESVILLE VI

2538

JOURNAL OF THE SENATE

VTD: 0021 RIVERBEND VTD: 0023 NEW HOLLAND
District: 21
HALL COUNTY VTD: 0002 CHICOPEE VTD: 0003 OAKWOOD VTD: 0004 FLOWERY BRANCH VTD: 0005 ROBERTS VTD: 0006 MORGAN (Part) Tract: 0013. Block(s): 202A, 202B, 203A, 203B, 203C, 203D, 204, 205, 206A, 206B, 208A, 208B, 209A, 209B, 209C, 210A, 210B, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 301A, 301B, 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, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423 Tract: 0014. Block(s): 427, 508A, 508B, 508C, 508D, 512, 520, 521, 522, 523, 524, 525 Tract: 0016. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 118, 119, 120, 121, 122, 123, 124, 125, 126, 129, 130 VTD: 0007 CANDLER VTD: 0008 TADMORE VTD: 0022 GAINESVILLE MILL VTD: 0024 GILLSVILLE VTD: 0025 OAKWOOD II
District: 22
STEPHENS COUNTY BANKS COUNTY FRANKLIN COUNTY
VTD: 0003 GUM LOG
District: 23
HART COUNTY FRANKLIN COUNTY
VTD: 0001 CARNESVILLE VTD: 0002 WELBORN VTD: 0004 LAVONIA VTD: 0005 CANON VTD: 0006 ROYSTON VTD: 0007 MIDDLE RIVER VTD: 0008 DOOLEYS VTD: 0009 GUNNELLS VTD: 0010 ASHLAND VTD: 0011 STRANGES VTD: 0012 FLINTSVILLE VTD: 0013 RED HILL
District: 24
MADISON COUNTY CLARKE COUNTY
VTD: 001A PRECINCT 216-1A (Part) Tract: 0014.02 Block(s): 720A
VTD: 0217 PRECINCT 0217 (Part)

TUESDAY, MARCH 24, 1992

2539

Tract: 0015.01 Block(s): 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 516, 517, 518, 519, 520
Tract: 0015.02 Block(s): 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 217
VTD: 0218 PRECINCT 0218 (Part) Tract: 0015.01 Block(s): 106, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 514, 515 Tract: 0015.02 Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 130, 201, 218, 219, 220, 221
VTD: 0219 PRECINCT 0219 (Part) Tract: 0003. Block(s): 107 Tract: 0014.01 Block(s): 111, 112, 113, 114, 115, 117, 118, 144 Tract: 0014.02 Block(s): 201A, 203, 204, 208, 209, 210, 211, 212, 213, 214, 301, 302, 303, 304, 306, 307, 308, 404, 406, 407, 408, 414, 415, 416, 417
VTD: 0220 PRECINCT 0220 (Part) Tract: 0014.02 Block(s): 101, 102, 103, 104A, 104B, 105, 106A, 106B, 107, 108, 109, 110A, HOB, 111, 112, 113, 114, 115, 116, 118, 119, 201B, 202, 205, 206, 207, 216, 409, 410, 412, 418B, 419B, 501, 502, 503A, 503B, 504A, 504B, 505, 506A, 506B, 507, 508, 509A, 509B, 510, 511, 512, 513, 514, 515, 516, 517, 518, 519, 520, 521, 522, 523, 524, 525, 526, 527, 528, 529, 530, 531, 532, 601, 602, 603, 604, 608, 609, 612, 613, 614, 616, 617, 618
VTD: 1899 PRECINCT 1899 (Part) Tract: 0014.02 Block(s): 605, 606, 607, 610, 611, 615, 707, 708, 711, 720B, 722, 723B, 726, 727, 728, 729, 731, 732 Tract: 0015.01 Block(s): 101, 102, 103, 104, 105, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117
District: 25
JACKSON COUNTY GWINNETT COUNTY
VTD: 0017 1564 (Part) Tract: 0506.02 Block(s): 309A, 310A, 311A, 324A, 325A, 326, 327, 328, 329, 330, 331, 332A, 336, 337, 338, 339, 340A, 340B, 341A, 341B, 342, 343, 344, 415, 416, 417, 418, 419A, 419B, 419C, 420, 421, 422, 423, 424, 425, 426, 427, 428A, 428B
VTD: 0020 1749 VTD: 0027 444B (Part)
Tract: 0506.01 Block(s): 163, 168
Tract: 0506.02 Block(s): 303, 304, 306, 307, 308, 309B, 332B
VTD: 0044 1397 (Part) Tract: 0506.01 Block(s): 201, 202, 203A, 203B, 204, 205, 206A, 206B, 207, 232, 233, 234
VTD: 0046 1587 HALL COUNTY
VTD: 0006 MORGAN (Part) Tract: 0016.

2540

JOURNAL OF THE SENATE

Block(s): 109, 110, 111, 112, 113, 114, 115, 116, 117, 133
District: 26
PAULDING COUNTY VTD: 0001 PAULDING COUNTY HS (Part) Tract: 1203. Block(s): 132, 133, 134, 135, 141, 142, 143A, 143B, 143C, 144A, 144B, 144C, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226A, 226B, 226C, 226D, 227, 228, 229, 230, 231, 232, 233, 234, 235, 334, 335, 336, 337A, 337B, 337C, 341, 342A, 342B, 342C, 343A, 343B, 344A, 344B, 345, 346, 347, 348, 349, 350, 351A, 351B, 352A, 352B, 353, 354, 355, 356, 357, 358, 359, 360, 361, 362, 363, 366, 367, 368, 369, 370, 371, 372, 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 Tract: 1204. Block(s): 132, 133, 134, 135, 136, 137, 138, 201, 202, 203, 204, 254, 255 Tract: 1205. Block(s): 205, 206, 207, 208, 210, 212, 239, 240, 241 VTD: 0002 HERSHEL JONES JR. HS (Part) Tract: 1201. Block(s): 270, 271, 272, 273, 274, 275, 276 Tract: 1203. Block(s): 103, 104, 105A, 105B, 106, 107, 108, 109, 110, 111, 112, 113A, 113B, 113C, 114A, 114B, 115A, 115B, 116A, 116B, 117, 118, 119A, 119B, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 136, 137, 138, 139A, 139B, 140, 145, 201, 202, 203, 204, 205, 206, 311A, 312, 314, 315A, 316A, 317, 318, 319, 329A, 329B, 330A, 330B, 332, 333, 338A, 338B, 338C, 339A, 339B, 340A, 340B, 340C VTD: 0003 W.C. ABNEY SCHOOL (Part) Tract: 1201. Block(s): 101, 102, 103, 104A, 126, 127, 130, 131, 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, 201, 202, 203, 204, 205, 239, 240, 241, 242, 243, 244, 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, 277. 278, 279, 280, 281, 282, 283, 284, 285 VTD: 0004 MCGARITY ELEM. SCHOOL VTD: 0005 HIRAM FIRE STATION VTD: 0006 P.B. RITCH JR. HS VTD: 0007 NEW GA. RURITAN BALL FLD (Part) Tract: 1204. Block(s): 301, 302, 303, 304, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 364, 365 Tract: 1205. Block(s): 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411 Tract: 1206.98 Block(s): 313B, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 329, 330, 331, 332, 335, 336, 337, 338, 341, 342, 343, 355, 356
District: 27
BARTOW COUNTY VTD: 0004 CASSVILLE (Part) Tract: 9602. Block(s): 542 Tract: 9603.98 Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 148, 161, 162, 163, 164, 165, 166, 167, 168, 201, 202, 203, 204, 205, 211, 212, 221, 222 Tract: 9604. Block(s): 309, 310, 311, 312, 313, 314, 315, 316, 401, 402, 403, 404, 405, 406, 407,

TUESDAY, MARCH 24, 1992

2541

408, 409, 410, 411, 501, 502, 503, 504A, 504B, 504C, 505, 506, 507, 508, 509, 510, 511, 512, 513A, 513B, 513C, 513D, 513E, 514A, 514B, 514C, 515A, 515B, 515C, 515D, 515E, 515F Tract: 9605. Block(s): 302, 401 VTD: 0007 EUHARLEE VTD: 0009 IRON HILL AND TAYLORSVILLE VTD: 0010 KINGSTON POLK COUNTY VTD: 0001 ARAGON VTD: 0002 BLOOMING GROVE (Part) Tract: 9904. Block(s): 112B, 113B, 129B, 130B, 131B, 134B, 134C, 134D, 134E, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 302B, 304B, 305B, 306B, 307B, 308, 309, 310, 311, 312, 313B, 314B, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 404, 405, 413, 417 VTD: 0003 BROWNING AND ROCKMART (Part) Tract: 9906. Block(s): 105A, 107A, 108, 109, 110, 111, 112, 126, 127, 128, 129, 130A, 130B, 131A, 131B, 131C, 131D, 131E, 132A, 132B, 133, 134, 135, 136A, 136B, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146A, 146B, 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, 210A, 210B, 211, 224, 228, 229, 230A, 230B, 231A, 231B, 231C, 232, 233A, 233B, 234, 237, 238, 239, 301, 302, 303, 304A, 304B, 305, 306, 307, 308, 309, 310, 311, 312A, 312B, 313, 314, 315, 316, 317A, 317B, 318, 319, 320A, 320B, 321, 322, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 436, 437, 438, 439, 441, 463, 464, 465, 466 Tract: 9907. Block(s): 104A, 104B, 105A, 105B, 105C, 106A, 106B, 106C, 107A, 107B, 108A, 108B, 109A, 109B, 110A, HOB, 111A, 111B, 112, 113, 114, 115, 116, 117, 118, 119, 120A, 120B, 121A, 121B, 121C, 122, 123A, 123B, 201A, 201B, 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, 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, 337A, 337B, 337C, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347A, 347B, 347C, 348, 349A, 349B, 350A, 350B, 351, 352, 401A, 401B, 402, 403A, 403B, 404A, 404B, 404C, 405A, 405B, 406, 407A, 407B, 407C, 408, 409, 410, 411, 412, 413, 414, 415, 416A, 416B, 417, 418A, 418B, 419, 420A, 420B, 421A, 421B, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431A, 431B, 501A, 501B, 501C, 501D, 501E, 501F, 502A, 502B, 503A, 503B, 504A, 504B, 505, 506, 507, 508, 509A, 509B, 510A, 510B, 511A, 511B, 512, 513, 514, 515, 516, 517, 518, 519, 520, 521, 522A, 522B, 522C, 523A, 523B, 524A, 524B, 525A, 525B, 525C, 525D, 526A, 526B, 526C, 527, 528A, 528B, 529A, 529B, 530A, 530B, 531, 532, 533, 534, 535, 536, 537, 538, 539, 540, 541 VTD: 0004 CEDARTOWN VTD: 0006 LAKE CREEK VTD: 0008 YOUNGS (Part) Tract: 9904. Block(s): 326A, 326B, 327, 401, 402, 403, 406, 407, 408, 409, 410, 411, 412 Tract: 9905. Block(s): 502, 503D, 503E, 504B, 506B, 512B, 513B, 514, 515B, 516A, 516B, 517, 518, 519 VTD: 0009 ANTIOCH (Part) Tract: 9904. Block(s): 501 Tract: 9905. Block(s): 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415,

2542

JOURNAL OF THE SENATE

416, 417, 418, 419, 420, 421, 422B, 423B, 424, 432B, 433, 434, 435, 436, 437, 438, 439, 440, 441, 442, 443, 501, 522, 603, 604, 605, 606, 607, 608, 609, 610, 611, 612, 613, 614, 615, 616, 617, 618, 619, 620, 621, 622, 626, 627, 628, 629, 630, 631, 636, 637, 639, 641 VTD: 0010 FISH CREEK VTD: 0011 PRIOR STATION (Part) Tract: 9903. Block(s): 205, 207, 208, 209B, 210, 211, 218, 219, 221D, 222B, 223B, 236B, 237B, 238, 239B, 303B, 304B
District: 28
FORSYTH COUNTY VTD: 0002 BRANDYWINE VTD: 0003 CHATTAHOOCHE VTD: 0004 CHESTATEE VTD: 0005 COAL MOUNTAIN VTD: 0007 CROSSROADS VTD: 0007 CUMMINGS VTD: 0009 MATT VTD: 0010 MIDWAY VTD: 0011 SAWNES
District: 29
COBB COUNTY VTD: 0009 BIRNEY 1 VTD: 0017 DOBBINS 1 (Part) Tract: 0311.03 Block(s): 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): 102E, 102F, 102G, 103B, 106B, 107B, 201B, 204B, 204C, 204D, 205B, 215B, 411B, 411C VTD: 0055 MABLETON 4 (Part) Tract: 0312.02 Block(s): 610B, 611A Tract: 0313.01 Block(s): 155A, 210, 214, 215, 216, 217, 218, 233, 234, 235, 901B, 902, 903, 904, 905C, 906, 907, 908, 911, 912, 913 VTD: 0071 NORTON PARK 1 (Part) Tract: 0311.05 Block(s): 105B, 107B, 112, 116D, 116E, 116F, 116G, 117, 118, 124B, 126B, 126C, 127, 128B, 129, 130B, 130C, 132, 135C, 136B, 136C, 137B, 139B, 602, 603, 604, 615, 621, 623 Tract: 0311.06 Block(s): 409, 410 Tract: 0311.07 Block(s): 404, 405, 406, 407, 408, 411, 413, 414, 415, 419, 420, 422 VTD: 0072 NORTON PARK 2 VTD: 0073 OAKDALE 1 (Part) Tract: 0311.03 Block(s): 205G, 205H, 205J, 209C Tract: 0312.02 Block(s): 426, 427, 428, 436B, 436C, 505

TUESDAY, MARCH 24, 1992

2543

Tract: 0312.04 Block(s); 501B, 504B, 504C, 504D, 505, 506B, 507B, 508, 513, 514, 515, 516C, 516D, 518B, 519C, 520, 521, 528, 529, 530B, 531B, 532
VTD: 0074 OAKDALE 2 VTD: 0096 SMYRNA 2 VTD: 0097 SMYRNA 3 (Part)
Tract: 0310.01 Block(s): 910D, 925A, 926
Tract: 0311.01 Block(s): 202, 204, 205, 206, 207, 208, 209
Tract: 0311.03 Block(s): 112, 113, 114, 115, 121, 128
Tract: 0311.08 Block(s): 101, 102B, 102C, 102D, 103A, 104, 105, 106A, 107A, 201A, 202A, 203, 204A, 205A, 206, 207, 208, 209A, 210, 211, 212, 213, 214, 215A, 313A, 314A, 315, 320A, 321A, 401A, 401B, 401C, 402, 405B, 409A, 410, 411A, 412
Tract: 0311.09 Block(s): 101B, 503B
VTD: 0098 SMYRNA 4 VTD: 0099 SMYRNA 5 VTD: OOA2 SMYRNA 7
District: 30
COBB COUNTY VTD: 0011 CHATTAHOOCHEE 1 VTD: 0012 CHATTAHOOCHEE 2 VTD: 0017 DOBBINS 1 (Part) Tract: 0311.03 Block(s): 109B, 110A, HOD, 1103, 110F VTD: 0033 FULLERS 1 AND FULLERS 2 (Part) Tract: 0304.02 Block(s): 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 216, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 601B, 602, 603, 604B, 605, 606, 608, 609, 611, 613, 614, 615B, 649, 650 Tract: 0304.05 Block(s): 301, 302, 303, 304, 401C, 401E, 402B, 403, 404, 405, 406B, 407C, 501, 502, 503, 504, 601C, 602B, 603C, 701B, 702, 703, 704B, 901, 902, 903, 904, 905 VTD: 0036 FULLERS 4 (Part) Tract: 0304.05 Block(s): 407E Tract: 0304.06 Block(s): 601, 602C, 603, 701B, 702, 703, 801B VTD: 0062 MARIETTA 6 (Part) Tract: 0304.01 Block(s): 919A Tract: 0304.02 Block(s): 601A, 604A, 615A Tract: 0304.05 Block(s): 402A, 701A, 704A, 802 VTD: 0063 MARIETTA 7 (Part) Tract: 0304.05 Block(s): 401B, 406A, 410 Tract: 0304.06 Block(s): 602A, 602B, 602D, 701A, 801A VTD: 0095 SMYRNA 1 VTD: 0097 SMYRNA 3 (Part) Tract: 0311.03

2544

JOURNAL OF THE SENATE

Block(s): HOC VTD: OOA9 VININGS 1 VTD: GOBI VININGS 2 VTD: OOB2 VININGS 3
District: 31
COBB COUNTY VTD: 0021 EASTSIDE VTD: 0035 FULLERS 3 VTD: 0036 FULLERS 4 (Part) Tract: 0304.05 Block(s): 407A, 407D, 407F, 407G, 409 Tract: 0304.06 Block(s): 801C VTD: 0037 FULLERS 5 VTD: 0062 MARIETTA 6 (Part) Tract: 0304.01 Block(s): 901A VTD: 0063 MARIETTA 7 (Part) Tract: 0304.05 Block(s): 407B, 408 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 (Part) Tract: 0304.01 Block(s): 106, 117, 118, 201, 202, 209, 210, 901B, 902, 903, 904, 905, 906B, 909, 910, 911, 912, 913, 914, 915, 916, 917, 918, 919B Tract: 0304.02 Block(s): 122, 127 VTD: OOA3 SOPE CREEK 1 VTD: OOA4 SOPE CREEK 2 VTD: OOA5 SOPE CREEK 3
District: 32
COBB COUNTY VTD: 0006 BIG SHANTY 1 (Part) Tract: 0302.07 Block(s): 105, 108B, 109, 114B VTD: 0007 BIG SHANTY 2 (Part) Tract: 0302.05 Block(s): 918 Tract: 0302.07 Block(s): 104B VTD: 0017 DOBBINS 1 (Part) Tract: 0311.08 Block(s): 102A VTD: 0018 DOBBINS 2 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.

TUESDAY, MARCH 24, 1992

2545

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, 402B, 506B, 601, 602, 603, 604, 605, 606C, 606D, 606E, 607B, 607C, 609, 701, 702, 703B, 704B, 705B, 706C, 707, 708B, 708C, 708D, 708E, 708F, 709, 710, 711B, 711C, 711D, 712, 713B, 901C, 901D, 902B, 902C, 902D, 902E, 917E
VTD: 0023 ELIZABETH 2 (Part) Tract: 0305.01 Block(s): 306, 307B, 308B, 501, 502, 503, 504, 601C, 601D, 602F, 602G, 602H, 602J, 602K, 602L, 603, 604D, 604E, 604F, 605C, 605D, 606C, 701B, 702, 703, 704, 705, 706, 707, 708, 709, 710B, 710C, 711B, 711C, 713, 714, 715, 716, 717B, 718B, 819
VTD: 0024 ELIZABETH 3 (Part) Tract: 0305.02 Block(s): 201B, 202C
VTD: 0025 ELIZABETH 4 (Part) Tract: 0305.02 Block(s): 301, 302B, 303C, 303D, 303E, 304B, 305C, 305D, 305E, 306, 307, 308, 309, 310, 316B, 317B, 317C, 318B, 319 Tract: 0305.03 Block(s): 302C, 307C, 308B, 309C, 309D, 310, 311, 312, 313, 314B, 315C, 318B, 411B, 411C, 411D, 412B, 413B
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
VTD: 0033 FULLERS 1 AND FULLERS 2 (Part) Tract: 0304.05 Block(s): 205B, 401D, 601B
VTD: 0057 MARIETTA 1 VTD: 0059 MARIETTA 3 VTD: 0060 MARIETTA 4 (Part)
Tract: 0302.07 Block(s): 108A, 113D, 114A, 115B
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, 506, 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, 703A, 704A, 705A, 706A, 708A, 708G, 901A, 901B, 902A, 903, 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
VTD: 0061 MARIETTA 5 VTD: 0062 MARIETTA 6 (Part)

2546

JOURNAL OF THE SENATE

Tract: 0304.04 Block(s): 301A, 302
Tract: 0304.05 Block(s): 101, 102, 103, 104, 201, 202, 203A, 203B, 204, 205A, 401A, 601A, 602A, 603A, 603B, 801, 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, 307A, 307B, 308A, 309A, 309B, 314A, 315A, 315B, 316A, 316B, 317, 318A, 407, 408, 409, 410, 411A, 412A, 413A, 414, 415, 416, 417, 418, 419A, 502A, 601, 602, 603, 604
Tract: 0307. Block(s): 106, 107, 109, 201
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: 0308. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 201, 202, 203, 204, 205, 806, 809
VTD: 0093 SEWELL MILL 3 AND SEWELL MILL 4 (Part) Tract: 0305.03 Block(s): 205C, 419B, 419C
District: 33
COBB COUNTY VTD: 0046 HOWELLS 1 VTD: 0047 HOWELLS 2 VTD: 0048 HOWELLS 3 VTD: 0052 MABLETON 1 (Part) Tract: 0313.01 Block(s): 201, 202, 203, 204, 205, 211, 212, 213, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 231, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310B, 311, 312, 313, 314, 315, 316, 317, 318, 327, 329, 331, 332, 333, 334, 335, 336 Tract: 0314.04 Block(s): 501A, 502, 503 VTD: 0053 MABLETON 2 (Part) Tract: 0313.01 Block(s): 319, 320, 321, 322, 323, 324, 338, 339 Trat: 0313.04 Block(s): 310, 311, 313, 315, 316, 317, 326, 327, 401, 402, 411, 412, 413, 414, 415, 423 VTD: 0054 MABLETON 3 VTD: 0055 MABLETON 4 (Part) Tract: 0313.01 Block(s): 206, 207, 208, 209, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 450, 451 VTD: 0070 MT. HARMONY VTD: 0080 PEBBLEBROOK VTD: OOA8 SWEETWATER 3 (Part) Tract: 0314.03 Block(s): 106, 107, 108, 109, 110, 111, 112, 113, 114 Tract: 0314.04 Block(s): 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 401, 402, 403, 404, 405, 406

TUESDAY, MARCH 24, 1992

2547

VXD: OOC2 BIRNEY 2
District: 34
COBB COUNTY VTD: 0006 BIG SHANTY 1 (Part) Tract: 0302.04 Block(s): 534C, 534D Tract: 0302.05 Block(s): 913C, 913D Tract: 0302.06 Block(s): 236, 239, 240, 242, 701, 702, 703 Tract: 0302.07 Block(s): 101C, 101D, 101E, 106, 107, 110, 111, 112, 113A, 113E, 115C, 201D, 201E, 202, 701, 702, 703, 704, 705, 706 VTD: 0007 BIG SHANTY 2 (Part) Tract: 0302.04 Block(s): 526E, 535B Tract: 0302.05 Block(s): 901, 902, 903, 904, 905, 906, 907, 908, 909, 910, 911, 912B, 914B, 915B, 916B, 917B Tract: 0302.07 Block(s): 103C, 103D VTD: 0008 BIG SHANTY 3 VTD: 0013 CHEATHAM HILL 1 VTD: 0020 DUE WEST VTD: 0050 KENNESAW 2 (Part) Tract: 0302.04 Block(s): 307, 319, 533, 534A, 534B Tract: 0302.05 Block(s): 912A, 913A, 913B, 914A, 915A, 916A, 917A Tract: 0302.07 Block(s): 101A, 101B, 102, 103A, 103B, 104A, 201A, 201B, 201C VTD: 0051 LOST MOUNTAIN VTD: 0060 MARIETTA 4 (Part) Tract: 0302.07 Block(s): 113B, 113C, 115A, 801 A, 802A Tract: 0306. Block(s): 904, 905 Tract: 0309.01 Block(s): 301A, 302, 303, 304 VTD: 0075 OREGON 1 VTD: 0077 OREGON 3 (Part) Tract: 0309.01 Block(s): 101B, 301B, 301C, 401C, 501B, 502, 503, 601E, 601L, 601M, 603B, 604B, 701B, 701D Tract: 0309.03 Block(s): 401B, 401C, 403, 404, 405, 406, 407, 501B, 501C, 501D, 502, 503, 504, 505, 506, 507, 601, 602, 603, 604, 605, 606, 607, 608, 609, 610, 611, 612, 613 Tract: 0310.02 Block(s): 211, 212, 224C, 225B, 226, 227, 228 VTD: 0078 OREGON 4 VTD: OOB6 KEMP VTD: OOB8 CHEATHAM HILL 2 (Part) Tract: 0302.07 Block(s): 115D, 801B, 801C, 802B, 803, 804, 805, 806, 807, 808, 814, 815, 816, 817, 818, 819, 820, 821, 822, 824, 825, 826 VTD: OOC1 OREGON 5

2548

JOURNAL OF THE SENATE

District: 35
COBB COUNTY VTD: 0017 DOBBINS 1 (Part) Tract: 0311.01 Block(s): 101B, 101C, 101D, 103, 104, 121B, 122B 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 VRD: 0032 FAIR OAKS 6 (Part) 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: 0058 MARIETTA 2A VTD: 0060 MARIETTA 4 (Part) Tract: 0302.07 Block(s): 823A VTD: 0071 NORTON PARK 1 (Part) Tract: 0311.05 Block(s): 601, 620, 624, 625 VTD: 0077 OREGON 3 (Part) Tract: 0309.01 Block(s): 401B, 601F, 601G, 601H, 601J, 601K, 701C, 703B Tract: 0309.03 Block(s): 302B, 302C, 302D, 302E, 302F, 305, 306, 401D VTD: OOA1 SMYRNA 6 VTD: OOB8 CHEATHAM HILL 2 (Part) Tract: 0302.07 Block(s): 823B VTD: OOB9 MARIETTA 2B
District: 36
COBB COUNTY VTD: 0002 AUSTELL VTD: 0015 CLARKDALE VTD: 0052 MABLETON 1 (Part) Tract: 0314.04 Block(s): 504, 505B, 506, 507, 508, 509, 510B, 601, 602B, 603, 604, 605C, 606, 607, 608, 609C, 610B, 611B, 612B, 612C, 612D Tract: 0314.98 Block(s): 301C VTD: 0053 MABLETON 2 (Part) Tract: 0313.01 Block(s): 310C, 310D, 325, 326, 328B, 328C, 328D, 330B, 337B, 337C, 337D, 337E, 341 Tract: 0313.04 Block(s): 403, 404, 405, 406, 407, 408, 409, 410, 421A, 501B, 501C, 501D, 501E, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 515B, 516 Tract: 0314.04 Block(s): 501B, 51 IB Tract: 0314.98

TUESDAY, MARCH 24, 1992

2549

Block(s): 417B, 417C, 418E, 418F, 418G, 418H VTD: 0056 MACLAND VTD: 0076 OREGON 2 VTD: 0089 POWDER SPRINGS VTD: OOA6 SWEETWATER 1 VTD: OOA7 SWEETWATER 2 VTD: OOA8 SWEETWATER 3 (Part)
Tract: 0314.04 Block(s): 101, 102, 103, 104, 105, 106, 107, 108C, 109
District: 37
COBB COUNTY VTD: 0010 BISHOP LAKE VTD: 0014 CHESTNUT RIDGE VTD: 0016 DICKERSON VTD: 0019 DODGEN VTD: 0025 ELIZABETH 4 (Part) Tract: 0305.03 Block(s): 401, 402B, 404, 405, 406B VTD: 0026 ELIZABETH 5 AND SEWELL MILL 1 VTD: 0033 FULLERS 1 AND FULLERS 2 (Part) Tract: 0304.01 Block(s): 907B, 908, 920B, 920C VTD: 0062 MARIETTA 6 (Part) Tract: 0304.01 Block(s): 906A, 907A, 920A, 920D Tract: 0305.03 Block(s): 402A, 403, 406A, 501 A, 502B, 503A VTD: 0068 MT. BETHEL 2 VTD: 0085 POST OAK 5 VTD: 0086 POST OAK 6 VTD: 0093 SEWELL MILL 3 AND SEWELL MILL 4 (Part) Tract: 0304.01 Block(s): 203, 204, 205, 206, 207, 208, 920E Tract: 0305.03 Block(s): 201, 202B, 203, 204, 205B, 206, 501B, 502C, 503B, 503C, 504, 505, 506, 507, 508
District: 38
COBB COUNTY VTD: 0001 ACWORTH VTD: 0006 BIG SHANTY 1 (Part) Tract: 0302.06 Block(s): 201, 211C, 211D, 211E, 231B, 233B, 234B, 237B, 238, 241 VTD: 0007 BIG SHANTY 2 (Part) Tract: 0302.04 Block(s): 101, 104, 107, 108, 211B, 212, 501B, 513B, 526D, 527B, 527C, 528B, 529, 530B, 531B Tract: 0302.05 Block(s): 603B, 604, 609B, 610, 612B, 619B, 620B, 621 VTD: 0049 KENNESAW 1 VTD: 0050 KENNESAW 2 (Part) Tract: 0302.04 Block(s): 302, 303, 304, 305, 308, 309, 310, 311, 312, 317, 318 Tract: 0302.06 Block(s): 201A, 202, 203, 207A, 211A, 211B, 212, 213, 214A, 214B, 214C, 215, 216,

2550

JOURNAL OF THE SENATE

217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231A, 232, 233A, 234A, 235, 237A VTD: 0064 MARS HILL 1 VTD: 0065 MARS HILL 2 VTD: 0066 MARS HILL 3 VTD: 0090 RED ROCK
District: 39
COBB COUNTY VTD: 0005 BELLS FERRY 3 (Part) Tract: 0303.10 Block(s): 102, 103, 104, 105, 106, 107, 108, 109, 110, 801, 802, 803, 804, 805, 806 VTD: 0038 GARRISON MILL VTD: 0045 CRITTERS 7 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: 0087 POST OAK 8 VTD: OOB3 CRITTERS 8 VTD: OOB5 CRITTERS 10
District: 40
COBB COUNTY VTD: 0003 BELLS FERRY 1 VTD: 0004 BELLS FERRY 2 VTD: 0005 BELLS FERRY 3 (Part) Tract: 0303.10 Block(s): 201, 202, 203, 204, 205, 206, 301, 302, 401, 402, 403, 701, 702, 703, 704, 705, 706, 707, 708, 709, 710, 711, 712, 713, 714, 715, 716, 717 Tract: 0303.13 Block(s): 603, 604 VTD: 0023 ELIZABETH 2 (Part) Tract: 0305.01 Block(s): 205, 206, 207, 208, 209, 210, 301B, 302, 303, 304, 305, 309, 310, 311, 409, 601B 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: 0305.03 Block(s): 302B, 302D, 303, 304, 305, 306 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: 0062 MARIETTA 6 (Part) Tract: 0305.03 Block(s): 302A VTD: OOB4 CRITTERS 11 VTD: OOB7 CRITTERS 9

TUESDAY, MARCH 24, 1992

2551

District: 41
FULTON COUNTY VTD: OOK5 AP01 (Part) Tract: 0116.01 Block(s): 202A, 302A, 303A, 305A, 305B, 503A, 504A, 618D, 620D Tract: 0116.02 Block(s): 301, 302, 303, 304A, 401A, 401B, 401C, 401D, 401E, 402, 403, 404, 501, 502A, 503, 504, 505, 506A, 506B, 507, 601A, 601B, 601C, 602, 603A, 709A, 901A, 901B, 902A, 903A, 904, 905, 906, 907A, 907B, 910A, 911A, 912A, 913A, 914A, 914B, 916A VTD: OON8 NC01 VTD: OON9 NC02 VTD: OOP1 NCOS VTD: OOP2 NC04 (Part) Tract: 0116.02 Block(s): 304B, 304C, 304D, 401F, 401G, 401H, 401J, 401K, 702, 703, 709B, 901C, 902B, 903B, 907C, 907D, 908, 909, 910B, 91 IB, 912B, 913B, 913C, 913D, 913E, 914C, 915, 916B, 917 Tract: 0116.03 Block(s): 101, 102, 103, 104, 201, 202, 902, 903 VTD: OOP3 NC05 VTD: OOP6 NCOS (Part) Tract: 0115. Block(s): 503C, 507, 508, 509, 512, 515B, 515C, 516C, 516D, 601, 602, 603, 604, 605C, 605D, 652C, 654, 701B VTD: OOR9 RW07 (Part) Tract: 0116.01 Block(s): 617, 618B, 619, 620B VTD: 00X3 AP02 (Part) Tract: 0114.04 Block(s): 501A, 601, 602A, 602B, 604, 702A Tract: 0115. Block(s): 409A, 410, 411A, 411B, 411C, 411H, 412A Tract: 0116.01 Block(s): 101A, 101B, 102A, 103A, 104A, 105A, 106, 107, 108A, 108G, 109A, 110A, HOB, HOC, HOD, 111, 112A, 112B, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 304A, 403A, 403B, 403C, 403D, 404A, 405A, 405B, 407, 408A, 409, 410, 505A, 506, 601, 602, 603, 604, 605, 606, 607, 608, 609, 610A, 610D, 610E, 611A, 612A, 613A, 614A, 615A, 615G, 616A, 618A, 618C, 620A, 620E, 620F, 621A, 622, 623, 624, 625, 626
District: 42
FULTON COUNTY VTD: OON7 MP01 VTD: OOP6 NCOS (Part) Tract: 0115. Block(s): 503B, 645B, 708, 709B, 709C VTD: OOR2 RW01 VTD: OOR3 RW02 VTD: OOR4 RW03 VTD: OOR5 RW04 (Part) Tract: 0114.11 Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114A, 115, 116, 117A, 119, 120, 201, 202, 301, 302A, 401A, 402A, 501A, 601, 602, 603, 604, 605, 606, 607, 608, 609 VTD: OOR7 RW05

2552

JOURNAL OF THE SENATE

VTD: OOR9 RW07 (Part) Tract: 0114.03 Block(s): 501, 502, 503, 504, 505 Tract: 0114.04 Block(s): 301, 302, 401A, 401B, 402, 501B, 602E, 608, 609, 610, 701, 702B Tract: 0114.07 Block(s): 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511 Tract: 0116.01 Block(s): HOE, 110F, 610B, 611B, 613B, 614B, 615B, 615C, 615D, 615E, 615F, 616B, 616C, 616E, 620C
VTD: 00X3 AP02 (Part) Tract: 0116.01 Block(s): HOG
VTD: OOY2 RW09
District: 43
FULTON COUNTY VTD: OOU8 SS02 VTD: OOU9 SS03 VTD: OOV1 SS04 VTD: OOV2 SS05 VTD: OOV3 SS06 VTD: OOW3 SS15 VTD: OOW4 SS16 VTD: OOW5 SS18 VTD: OOW6 SS19 VTD: OOW7 SS20 VTD: OOW9 SS22
District: 44
FULTON COUNTY VTD: OOK5 AP01 (Part) Tract: 0114.08 Block(s): 201A, 202, 203A, 501A, 501B, 501C, 601A, 602A Tract: 0116.01 Block(s): 701, 702, 703, 704 Tract: 0116.02 Block(s): 704A, 704B, 705A, 705B, 706, 707A, 708A, 918A VTD: OOP2 NC04 (Part) Tract: 0116.02 Block(s): 701, 704C, 705C, 707B, 710, 918B, 918C, 918D, 918E VTD: OOP4 NC06 VTD: OOP5 NC07 VTD: OOP7 NC09 VTD: OOP9 NCll VTD: OOR5 RW04 (Part) Tract: 0114.10 Block(s): 201A VTD: OOR8 RW06 VTD: OOR9 RW07 (Part) Tract: 0114.04 Block(s): 201, 202, 203, 204, 602C, 602D, 603, 605, 606, 607 VTD: OOU7 SS01 VTD: 00X3 AP02 (Part) Tract: 0114.04 Block(s): 602F Tract: 0116.01

TUESDAY, MARCH 24, 1992

2553

Block(s): 621B VTD: 00X6 SS17
District: 45
FULTON COUNTY VTD: OOA8 8A VTD: OOA9 8B VTD: GOBI 8C VTD: OOB2 8D VTD: OOB3 8E VTD: OOB4 8F VTD: OOV4 SS07 VTD: OOV5 SS08 VTD: OOV6 SS09 VTD: OOV7 SS10 VTD: 00V8 SS11 VTD: OOV9 SS12 VTD: OOW1 SS13 VTD: OOW8 SS21 VTD: 00X5 SS23
District: 46
FULTON COUNTY VTD: 0089 7A VTD: 0090 7B VTD: 0091 7C VTD: 0092 7D VTD: 0094 7F VTD: 0098 7K VTD: 0099 7L VTD: OOA1 7M VTD: OOA5 7S VTD: OOB5 8G VTD: OOB6 8H VTD: OOB7 8J VTD: OOC1 8M VTD: OOC7 8V VTD: OOW2 SS14
District: 47
FULTON COUNTY VTD: 0077 6A VTD: 0078 6B VTD: 0079 6C VTD: 0080 6D VTD: 0081 6E VTD: 0082 6F VTD: 0083 6G VTD: 0084 6H VTD: 0085 6J VTD: 0086 6K VTD: 0087 6N VTD: 0096 7H VTD: 0097 7<T VTD: OOA2 7N VTD: OOA3 7P

2554

JOURNAL OF THE SENATE

District: 48
FULTON COUNTY VTD: 0005 IE (Part) Tract: 0049.95 Block(s): 305, 306, 601, 609, 613 VTD: 0008 1J (Part) Tract: 0055.02 Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 142, 203, 204, 205, 206, 210, 211, 212, 213, 218, 219, 220, 221, 225, 226, 227, 228, 229, 230 VTD: 0016 2A VTD: 0017 2B VTD: 0024 2J VTD: 0025 2K (Part) Tract: 0035. Block(s): 116, 120, 121, 126, 131B Tract: 0048. Block(s): 101, 103, 105, 106, 108, 109, 208, 209, 210, 211 VTD: 0026 2L VTD: 0030 2R (Part) Tract: 0043. Block(s): 101, 102, 103, 104, 105, 106, 108, 109, 110, 202, 203 VTD: 0031 2S (Part) Tract: 0027. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 134, 135, 136, 137, 139, 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 VTD: 0047 3J VTD: 0059 4E VTD: 0062 4H (Part) Tract: 0046.95 Block(s): 104, 105, 201, 202, 203 Tract: 0049.95 Block(s): 103, 104, 106, 107, 108, 201, 202, 203, 206, 301, 302, 303, 304 Tract: 0055.01 Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 301, 302, 304, 305, 306, 307, 308, 309, 310, 311, 312, 401, 402, 403, 404, 406, 407, 408, 409, 410, 411, 412, 413, 501, 502, 503, 504, 505, 506, 507, 509 Tract: 0056. Block(s): 101, 102, 103, 104, 105, 106, 201, 202, 203, 204, 205, 206, 301, 302, 304, 305, 306, 307, 401, 402, 403, 404, 405, 406, 407, 501, 502, 503, 504, 505, 506 Tract: 0057. Block(s): 209, 210, 302, 306, 307, 308 Tract: 0063. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 201, 202, 203, 204, 205, 206, 207, 208, 209, 211, 212, 213, 214, 215, 216, 217, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 418, 419, 420, 421 VTD: OOA4 7R VTD: OOH9 12A VTD: OOJ1 12B

TUESDAY, MARCH 24, 1992

2555

VTD: OOK4 12P
District: 49
FULTON COUNTY VTD: 0023 2H VTD: 0030 2R (Part) Tract: 0037. Block(s): 102, 103, 104, 105, 106, 107, 108 Tract: 0038. Block(s): 505, 506 Tract: 0043. Block(s): 201 VTD: 0035 2W VTD: 0043 3E VTD: 0044 3F VTD: 0045 3G VTD: 0049 3L VTD: 0050 3M VTD: 0051 3N VTD: 0052 3P VTD: 0055 4A VTD: 0056 4B VTD: 0057 4C VTD: 0064 4K VTD: 0065 4L VTD: 0067 4N (Part) Tract: 0040. Block(s): 201, 203, 204, 205, 206, 207, 209, 210, 211, 212, 215 Tract: 0041. Block(s): 310B VTD: OOC3 8P VTD: OOC4 8R VTD: OOF9 10M (Part) Tract: 0060. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 301, 302
District: 50
FULTON COUNTY VTD: 0039 3A VTD: 0040 3B VTD: 0041 3C VTD: 0042 3D VTD: 0046 3H VTD: 0048 3K VTD: 0053 3R VTD: 0058 4D VTD: OOB8 8K VTD: OOB9 8L VTD: OOC2 8N VTD: OOD3 9D VTD: OOD4 9E VTD: OOD5 9F VTD: OOD7 9H (Part) Tract: 0087.01 Block(s): 101, 114, 301, 302, 303, 304, 305, 309 Tract: 0088.

2556

JOURNAL OF THE SENATE

Block(s): 123, 124 VTD: OOF3 10F VTD: OOF4 10G VTD: OOF6 10J
District: 51
COBB COUNTY VTD: 0073 OAKDALE 1 (Part) Tract: 0312.02 Block(s): 304, 306, 307, 308, 311, 312, 313, 314, 315, 316, 317, 318, 319B, 325B, 329, 330, 335, 338, 341, 403B, 404, 405, 406, 407, 408B, 409, 410, 411, 412, 413B, 414, 415, 416, 417, 418, 419B, 424, 434, 435B, 441, 442, 501, 502, 503, 504, 506, 507, 508, 509, 510, 511, 513, 514, 526, 527
FULTON COUNTY VTD: OOC9 9A VTD: OOD1 9B VTD: OOD2 9C VTD: OOD7 9H (Part) Tract: 0087.01 Block(s): 102, 103, 104, 105, 106, 107, 108, 109, 111, 112 Tract: 0087.02 Block(s): 101, 102, 103, 106, 109, 110, 111, 112, 113, 201, 203, 204, 205, 206, 210, 211, 212, 213, 214, 215, 216 VTD: OOEl 9L VTD: OOE3 9N VTD: OOE4 9P VTD: OOE6 9S VTD: OOF1 10D VTD: OOF2 10E VTD: OOF5 10H VTD: OOF7 10K VTD: 00X7 9T
District: 52
FULTON COUNTY VTD: OOE7 10A VTD: OOE8 10B VTD: OOE9 10C VTD: OOFS 10L VTD: OOG3 11B VTD: OOG5 11D VTD: OOT1 SC08 (Part) Tract: 0105.05 Block(s): 405A, 405B, 406, 501, 502, 503B, 504B, 505B, 505C, 514B, 601A, 601C, 601D, 602B, 602C, 603B, 618B Tract: 0105.06 Block(s): 104, 105, 106, 107, 108, 110, 111, 112, 113, 202B, 202C, 205, 207B VTD: OOT7 SC14 VTD: OOT9 SC16 VTD: 00X2 UC02 (Part) Tract: 0105.06 Block(s): 202A, 203A, 204A, 703A, 703B, 704, 705, 706, 707A, 708, 709, 714A, 715, 716C, 716D, 716E, 717, 718A, 718B, 719A, 731, 732, 738, 739, 740A, 741 VTD: OOY3 SC01 VTD: OOY4 SC02 VTD: OOY6 SC04 (Part) Tract: 0103.01

TUESDAY, MARCH 24, 1992

2557

Block(s): 710, 711, 712, 713, 714, 715, 716, 717, 718, 719, 720, 801, 802, 803, 804, 809, 810, 811, 812, 813, 814, 815, 816, 817, 818, 829, 830, 831, 832, 833, 834, 835, 836, 837, 838, 839, 840
Tract: 0104. Block(s): 301, 302, 303, 304
VTD: OOY7 SC05 VTD: OOY9 SC07 (Part)
Tract: 0105.06 Block(s): 201, 202D, 202E, 203B, 203C, 203D, 204B, 206, 302, 303, 304, 305, 306, 307, 308, 401, 402, 403C, 405, 406C, 406D, 406E, 406F, 410, 418, 421, 422, 423, 424, 425, 426, 427, 428, 431, 432, 433, 703C, 707B, 707C, 710B, 711B, 714B, 716F, 716G, 718C, 718D, 719B, 740B
District: 53
FULTON COUNTY VTD: OOG4 11C VTD: OOG6 HE VTD: OOH1 11J VTD: OOH2 11K VTD: OOH3 11L VTD: OOH4 11M VTD: OOH5 UN VTD: OOH6 IIP VTD: OOH7 11R VTD: OOL6 EP01 VTD: OOM5 EP09 VTD: OON1 EP14 VTD: OOT1 SC08 (Part) Tract: 0105.06 Block(s): 101, 102, 103, 109 VTD: OOU1 SC17 VTD: OOY5 SC03
District: 54
FULTON COUNTY VTD: 0061 4G VTD: 0066 4M VTD: 0067 4N (Part) Tract: 0060. Block(s): 401, 402, 403, 404, 405, 406, 407, 408, 410, 411, 412, 413 VTD: 0069 4R VTD: 0070 4S VTD: 0071 4T VTD: OOF9 10M (Part) Tract: 0060. Block(s): 303, 304, 305, 306, 307, 308, 309, 310, 311 VTD: OOG1 ION VTD: OOG2 HA VTD: OOG8 11G VTD: OOG9 11H VTD: OOJ2 12C VTD: OOJ3 12D VTD: OOJ4 12E (Part) Tract: 0074. Block(s): 201, 202, 203, 204, 208, 209, 211A, 212A, 213 Tract: 0075. Block(s): 201, 203A, 204A, 205, 206, 207, 208, 209, 210A, 211A, 301

2558

JOURNAL OF THE SENATE

Tract: 0108. Block(s): 616A, 628A, 629, 630
Tract: 0110. Block(s): 114B
VTD: 00J6 12G VTD: OOK1 12L VTD: OOK7 CP02 VTD: OOL8 EPOS VTD: OON4 HP01 VTD: OOU3 SC19
District: 55
FULTON COUNTY VTD: OOK6 CP01 VTD: OOK8 CP03 VTD: OOL1 CP05 VTD: OOL2 CP06 VTD: OOL7 EP02 VTD: OOM1 EPOS VTD: OOM2 EP06 VTD: OOM3 EP07 VTD: OOM6 EP10 VTD: OOM7 EP11 VTD: OOM8 EP12 VTD: OON2 EP15
District: 56
FULTON COUNTY VTD: 0001 1A VTD: 0002 IB VTD: 0003 1C (Part) Tract: 0067. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 401, 402, 403, 404, 406, 407, 408, 409A Tract: 0070. Block(s): 104, 105 VTD: 0004 ID VTD: 0005 IE (Part) Tract: 0049.95 Block(s): 401, 402, 403, 404, 405, 406, 407, 408, 412, 413, 414, 415, 416, 417, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 602, 603, 604, 605, 606, 607, 608, 610, 611, 612 Tract: 0053. Block(s): 307, 308, 311, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 516 VTD: 0011 1M VTD: 0014 1R (Part) Tract: 0071. Block(s): 101, 102 VTD: 0018 2C VTD: 0019 2D VTD: 0020 2E VTD: 0025 2K (Part) Tract: 0035. Block(s): 103, 108, 109, 110, 111, 112, 113, 115, 117 Tract: 0048. Block(s): 102, 104, 107

TUESDAY, MARCH 24, 1992

2559

VTD: 0031 2S (Part) Tract: 0018. Block(s): 607 Tract: 0027. Block(s): 118 Tract: 0028. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 208, 301, 302, 303, 304, 305, 306, 310, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413 Tract: 0029. Block(s): 103, 104, 201, 202, 308, 401, 402, 403, 406, 407
VTD: 0038 2Z VTD: 0062 4H (Part)
Tract: 0053. Block(s): 401
VTD: 0073 5A VTD: 0074 5B VTD: 0076 5K
District: 57
FULTON COUNTY VTD: 0003 1C (Part) Tract: 0070. Block(s): 101, 102, 103, 106, 405, 702, 703, 704, 705, 706, 707, 708, 709, 710, 711, 712, 713, 714, 715 VTD: 0008 U (Part) Tract: 0067. Block(s): 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 301, 302, 303, 304, 305, 306, 307, 308, 309, 313, 314, 315, 405, 409B, 410, 501, 502, 503, 504, 505, 506, 507 VTD: 0010 1L VTD: 0013 IP VTD: 0014 1R (Part) Tract: 0068.02 Block(s): 101, 102, 103, 104, 105 Tract: 0071. Block(s): 103, 104, 105, 106, 107, 108, 109, 111, 204, 205, 206 VTD: 0015 IS VTD: OOJ4 12E (Part) Tract: 0074. 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 Tract: 0075. Block(s): 107, 108, 109, 110, 112, 113 VTD: OOJ5 12F VTD: OOJ7 12H VTD: OOJ8 12J VTD: OOJ9 12K VTD: OOK2 12M VTD: OOK3 12N VTD: OON5 HP02
District: 58
FULTON COUNTY VTD: OON3 FA01 VTD: OOR1 PA01 VTD: OOT1 SC08 (Part) Tract: 0105.05

2560

JOURNAL OF THE SENATE

Block(s): 201, 202, 203, 204, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 401, 402, 403, 404, 407, 408
VTD: OOT2 SC09 VTD: OOT3 SC10 VTD: OOT4 SCll VTD: OOT5 SC12 VTD: OOT6 SC13 VTD: OOU5 SC21 VTD: 00X1 UC01 VTD: 00X2 UC02 (Part)
Tract: 0105.04 Block(s): 601A, 602A
Tract: 0105.06 Block(s): 207A, 702, 720, 721, 722, 723, 724, 725, 726, 727, 728, 729, 730, 733, 736, 737, 742, 743, 744, 745, 746, 801, 802, 803, 804, 805, 806, 807B, 808B, 809, 810, 811A, 812, 813, 814, 815B, 818, 821A
VTD: OOY6 SC04 (Part) Tract: 0103.01 Block(s): 805, 806, 807, 808, 819, 820, 821, 822, 823, 824, 825, 826, 827, 828 Tract: 0104. 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, 139, 140, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 182, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315
VTD: OOY9 SC07 (Part) Tract: 0105.06 Block(s): 403D, 406B, 429, 430, 434, 435, 436B, 437, 438, 439B, 439C, 440, 441, 442B, 443, 444, 445, 446, 447, 448, 457B, 457C, 601, 602B, 606, 614B, 615, 944E, 944F, 944G
District: 59
DEKALB COUNTY VTD: 0032 DORAVILLE NORTH (Part) Tract: 0213.03 Block(s): 101A, 102, 103, 104, 105, 106, 107, 108, 202, 203A, 206A, 207A Tract: 0213.04 Block(s): 101B, 117A, 203, 204 VTD: 0037 DUNWOODY (Part) Tract: 0212.10 Block(s): 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419 VTD: 0040 EMBRY HILLS VTD: 0043 EVANSDALE VTD: 0064 KINGSLEY VTD: 0089 MT VERNON VTD: 0095 OAKCLIFF (Part) Tract: 0213.03 Block(s): 101B, 203B, 206B, 221, 222, 223 VTD: 0099 PEACHTREE (Part) Tract: 0212.12 Block(s): 201, 212, 213, 214, 215, 216, 217, 218, 219 Tract: 0213.04 Block(s): 101C, 114, 115, 117B, 117C, 301, 302, 303, 304, 305, 306, 307B, 308, 309, 310, 311, 312, 313, 314C VTD: OOAD PLEASANTDALE VTD: OOBQ VANDERLYN (Part) Tract: 0212.10

TUESDAY, MARCH 24, 1992

2561

Block(s): 303, 304, 305, 306, 307, 308, 314, 315, 316, 317 Tract: 0212.11
Block(s): 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129 Tract: 0212.12
Block(s): 202, 203 VTD: OOBR VERMACK (Part)
Tract: 0212.05 Block(s): 109, 506, 507, 508, 509
VTD: OOBU WARREN
District: 60
DEKALB COUNTY VTD: 0002 ASHFORD DUNWOODY VTD: 0005 AUSTIN VTD: 0020 CHAMBLEE NORTH VTD: 0023 CHESTNUT VTD: 0037 DUNWOODY (Part) Tract: 0212.07 Block(s): 101, 102, 103, 104, 105, 106, 107, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 301, 302, 303, 304, 317, 320 VTD: 0057 HUNTLEY HILLS VTD: 0090 NANCY CREEK VTD: 0099 PEACHTREE (Part) Tract: 0212.12 Block(s): 204, 205, 206, 211, 220, 221 VTD: OOAW SHALLOWFORD VTD: OOAY SILVER LAKE VTD: OOBQ VANDERLYN (Part) Tract: 0212.10 Block(s): 318, 319, 320 VTD: OOBR VERMACK (Part) Tract: 0212.05 Block(s): 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 510
District: 61
DEKALB COUNTY VTD: 0003 ASHFORD PARK VTD: 0008 BRIAR VISTA VTD: 0009 BRIARCLIFF NORTH VTD: 0010 BRIARCLIFF SOUTH VTD: 0012 BRIARWOOD VTD: 0030 CROSS KEYS VTD: 0041 EMORY (Part) Tract: 0215. Block(s): 111, 112 Tract: 0216.03 Block(s): 106, 107, 108, 109 VTD: 0074 MARGARET HARRIS VTD: 0086 MONTCLAIR VTD: OOAR SAGAMORE VTD: OOBA SKYLAND VTD: OOBW WESLEY WOODS (Part) Tract: 0215. Block(s): 120, 121, 122, 123, 124, 125, 126

2562

JOURNAL OF THE SENATE

District: 62
DEKALB COUNTY VTD: 0021 CHAMBLEE SOUTH VTD: 0032 DORAVILLE NORTH (Part) Tract: 0213.01 Block(s): 101A, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 125 Tract: 0213.03 Block(s): 109, 110, 111, 112, 113A, 114, 201A, 212A, 220A Tract: 0213.04 Block(s): 101A, 102, 103, 104, 105A, 105B, 106A, 107, 108, 109, 110, 111, 120, 122, 201, 202, 205, 206, 207, 209, 212, 213, 214, 217, 218, 219, 220, 221, 225, 228A, 233A, 307A, 314A, 314B VTD: 0033 DORAVILLE SOUTH VTD: 0034 DRESDEN VTD: 0052 HAWTHORNE VTD: 0053 HENDERSON MILL VTD: 0054 HERITAGE VTD: 0093 NORTHWOODS VTD: 0094 OAK GROVE VTD: 0095 OAKCLIFF (Part) Tract: 0213.02 Block(s): 101B Tract: 0213.03 Block(s): 113B, 201B, 204, 205, 206C, 207B, 208, 209, 210, 211, 212B, 213, 214, 215, 216, 217, 218, 219, 220B, 224
District: 63
DEKALB COUNTY VTD: 0011 BRIARLAKE VTD: 0013 BROCKETT VTD: 0025 CLAIRMONT HILLS VTD: 0028 CORALWOOD VTD: 0067 LAKESIDE VTD: 0068 LAUREL RIDGE VTD: 0069 LAVISTA AND LIVSEY (Part) Tract: 0218.05 Block(s): 201, 202, 203, 205, 206, 207, 208, 209 Tract: 0218.06 Block(s): 104, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 132, 133, 134, 135, 136, 306, 307 Tract: 0218.09 Block(s): 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 516, 517, 518, 519, 520, 521 VTD: 0079 MEDLOCK VTD: 0087 MONTREAL VTD: 0092 NORTHLAKE VTD: OOAK REHOBOTH VTD: OOBP TUCKER (Part) Tract: 0218.09 Block(s): 101, 102, 103, 104, 105, 106, 107, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221
District: 64
DEKALB COUNTY

TUESDAY, MARCH 24, 1992

2563

VTD: 0051 HAMBRICK (Part) Tract: 0219.05 Block(s): 104A, 105, 106, 107, 108, 109, 110, 111, 112 Tract: 0220.04 Block(s): 101A, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 114, 115
VTD: 0056 HUGH HOWELL VTD: 0058 IDLEWOOD VTD: 0069 LAVISTA AND LIVSEY (Part)
Tract: 0218.06 Block(s): 301, 302, 303, 304, 305, 308
VTD: OOAH REDAN NORTH (Part) Tract: 0233.05 Block(s): 101, 102, 201, 202, 203, 204, 301, 302, 303, 304, 305, 306, 307, 308, 309, 401, 402, 501, 502, 503, 504, 505 Tract: 0233.06 Block(s): 301, 302, 303, 304, 305, 407, 408
VTD: OOAX SILVER HILL (Part) Tract: 0219.03. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 119C, 120B, 121, 122, 139B, 142, 143, 144, 149, 150, 201C, 206B, 208B, 209B, 211B, 213B, 214B, 215B, 247, 325C, 325D, 328B, 335, 336B, 337B, 341B, 344, 348
VTD: OOBB SMOKE RISE VTD: OOBF STONE MILL VTD: OOBP TUCKER (Part)
Tract: 0218.09 Block(s): 401, 402, 403, 404, 405, 406, 407
District: 65
DEKALB COUNTY VTD: 0001 ALLGOOD VTD: 0051 HAMBRICK (Part) Tract: 0220.04 Block(s): 112, 113 VTD: 0062 JOLLY (Part) Tract: 0220.02 Block(s): 201C, 405B, 406, 407, 408, 409, 410B, 411B, 412B VTD: 0072 MAINSTREET NORTH VTD: 0073 MAINSTREET SOUTH VTD: 0080 MEMORIAL NORTH VTD: 0081 MEMORIAL SOUTH VTD: OOAC PINE LAKE VTD: OOAH REDAN NORTH (Part) Tract: 0233.06 Block(s): 401 VTD: OOAJ REDAN SOUTH (Part) Tract: 0233.06 Block(s): 402, 403, 404, 405, 406 VTD: 00AM ROCK CHAPEL VTD: OOAQ ROWLAND ROAD VTD: OOAX SILVER HILL (Part) Tract: 0219.03. Block(s): 349B VTD: OOBG STONE MOUNTAIN
District: 66
DEKALB COUNTY

2564

JOURNAL OF THE SENATE

VTD: 0026 CLARKSTON VTD: 0036 DUNAIRE VTD: 0059 INDIAN CREEK VTD: 0060 INGLESIDE VTD: 0062 JOLLY (Part)
Tract: 0220.02 Block(s): 303, 304B, 305B, 309, 310, 311, 312
VTD: 0076 MCLENDON VTD: OOAP ROWLAND HILLS VTD: OOAV SCOTTDALE
District: 67
DEKALB COUNTY VTD: 0006 AVONDALE ESTATES VTD: 0014 CALLANWOLDE VTD: 0024 CLAIREMONT VTD: 0035 DRUID HILLS AND MARY LIN VTD: 0041 EMORY (Part) Tract: 0215. Block(s): 114, 115 Tract: 0224.02 Block(s): 101, 102, 103, 105, 108, 109, 110, 111, 114, 115, 201, 203, 204, 205, 206, 207, 208A, 211, 212, 213, 214, 215, 220, 224, 227, 228 Tract: 0224.03 Block(s): 102, 108, 401A, 406, 407, 410, 411, 412, 413, 414, 420 Tract: 0225. Block(s): 101B, 109B VTD: 0042 EPWORTH VTD: 0045 FERNBANK VTD: 0048 GLENNWOOD VTD: 0061 JOHNSON ESTATES VTD: 0091 NORTH DECATUR VTD: OOAE PONCE DE LEON (Part) Tract: 0225. Block(s): 309, 316, 317, 318, 319, 320, 505, 601, 602, 604, 605, 606, 608, 609, 610, 611, 612A, 614, 701, 702 VTD: OOAU SCOTT VTD: OOBW WESLEY WOODS (Part) Tract: 0215. Block(s): 116, 117, 118, 119, 127, 128, 129, 130, 132, 133 Tract: 0224.02 Block(s): 202, 208B, 218, 219, 221, 222 VTD: OOBX WESTCHESTER
District: 68
DEKALB COUNTY VTD: 0038 EAST LAKE (Part) Tract: 0208. Block(s): 201, 202, 203, 204, 205, 214, 215, 501, 502, 503, 505, 506, 508, 509, 510, 512, 514, 515, 516, 518, 519, 521, 522, 523, 524, 525, 526, 527, 529, 530, 531, 532, 533, 534, 535, 536, 537, 538 VTD: 0049 GORDON VTD: 0065 KIRKWOOD VTD: 0088 MORELAND VTD: OOAA PETERSON VTD: OOAE PONCE DE LEON (Part) Tract: 0225.

TUESDAY, MARCH 24, 1992

2565

Block(s): 401, 402, 403, 404, 405, 406, 408, 411, 412, 502, 503, 507, 508, 509, 510, 513, 603, 607
VTD: OOBD SOUTH DECATUR VTD: OOBJ TERRY MILL VTD: OOBM TOOMER VTD: OOBY WHITEFOORD NORTH VTD: OOCA WHITEFOORD SOUTH
District: 69
DEKALB COUNTY VTD: 0016 CANDLER VTD: 0018 CASA LINDA VTD: 0038 EAST LAKE (Part) Tract: 0208. Block(s): 101A, 102, 103, 104, 105, 106, 107, 108, 109, 110, 206, 207, 208, 209, 210, 211, 212, 213, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 316, 317, 318, 319, 320, 321, 322, 323, 324, 401, 402, 403, 404, 405, 406, 407, 513 VTD: 0047 FORREST HILLS VTD: 0055 HOOPER ALEXANDER VTD: 0066 KNOLLWOOD VTD: 0083 MIDWAX VTD: 0084 MIDWAY PARK VTD: OOAG RAINBOW PARK (Part) Tract: 0234.08 Block(s): 303, 304, 305 VTD: OOBK TILSON (Part) Tract: 0236. Block(s): 101, 103, 104, 105, 106, 205, 206, 207, 208, 209, 210, 211 VTD: OOBL TONEY VTD: OOBT WADSWORTH VTD: OOCB WINNONA
District: 70
DEKALB COUNTY VTD: 0004 ATHERTON VTD: 0015 CANBY VTD: 0017 CARRIAGE CLUSTER AND WOODRIDGE VTD: 0031 CROSSROADS (Part) Tract: 0232.07 Block(s): 108A, 108B, 109, 110, 111, 112, 113, 120, 121, 122 VTD: 0098 PEACHCREST VTD: OOAF RAINBOW (Part) Tract: 0234.08 Block(s): 103, 301, 302, 801, 802, 803, 804, 812 VTD: OOAN ROWLAND VTD: OOBC SNAPFINGER VTD: OOBN TOWERS
District: 71
DEKALB COUNTY VTD: 0031 CROSSROADS (Part) Tract: 0232.07 Block(s): 102, 103, 104, 105, 106, 107, 114, 115, 116, 117, 118, 119 VTD: 0044 FAIRINGTON (Part) Tract: 0234.07 Block(s): 201B, 205, 209, 214, 215, 218, 219, 224, 226, 229 VTD: 0085 MILLER ROAD

2566

JOURNAL OF THE SENATE

VTD: 0096 PANOLA VTD: 0097 PANOLA WAY VTD: OOAJ REDAN SOUTH (Part)
Tract: 0233.06 Block(s): 507, 508, 509A
Tract: 0233.07 Block(s): 101, 102, 103, 201, 202, 203, 204, 205, 206, 207, 212, 213, 214, 215, 501, 502, 503, 504, 505, 506
Tract: 0233.08 Block(s): 501, 502, 503, 504, 505, 515
VTD: OOAT SALEM VTD: OOBH STONEVIEW (Part)
Tract: 0233.03 Block(s): 210B, 215B
Tract: 0233.08 Block(s): 506, 507, 508, 509, 510, 511, 512, 513, 514, 516, 517, 518, 519, 520
District: 72
DEKALB COUNTY VTD: 0019 CEDAR GROVE (Part) Tract: 0234.04 Block(s): 115, 116, 117, 118, 120, 121, 122, 202, 203, 204, 209, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 325, 326, 327, 328, 329, 330, 406A, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 505 VTD: 0039 EASTLAND VTD: 0046 FLAT SHOALS VTD: 0050 GRESHAM PARK VTD: 0063 KELLY LAKE VTD: 0078 MEADOWVIEW VTD: OOBK TILSON (Part) Tract: 0236. Block(s): 107, 108, 109, 110, 201, 202, 203, 204, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 602, 603, 606, 607, 608, 609, 610, 611, 612, 613, 701, 702, 703, 705, 706, 708, 709, 711, 713, 714, 801, 802, 803, 804, 805, 806, 807, 808, 809, 810, 811, 812, 813
District: 73
DEKALB COUNTY VTD: 0007 BOB MATHIS VTD: 0019 CEDAR GROVE (Part) Tract: 0234.05 Block(s): 105, 106, 107, 108, 109, 111, 112, 113, 116, 117, 118, 119 VTD: 0022 CHAPEL HILL VTD: 0027 CLIFTON VTD: 0029 COUNTY LINE VTD: 0077 MCWILLIAMS VTD: OOAF RAINBOW (Part) Tract: 0234.08 Block(s): 808, 809, 810, 811, 813, 814, 815, 816, 817, 818, 819, 820, 901A, 903, 904, 905, 906, 907, 908, 909 VTD: OOAG RAINBOW PARK (Part) Tract: 0234.03 Block(s): 920, 921, 923, 924 Tract: 0234.05 Block(s): 101, 114, 115 Tract: 0234.08

TUESDAY, MARCH 24, 1992

2567

Block(s): 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 703, 704, 805, 806, 807, 901B, 902
VTD: OOBE SPRING HILL VTD: OOBV WESLEY CHAPEL
District: 74
DEKALB COUNTY VTD: 0044 FAIRINGTON (Part) Tract: 0234.07 Block(s): 201A, 202, 203, 204, 206, 207, 208, 210, 211, 216, 217, 234 VTD: OOAB PHILLIPS VTD: OOBH STONEVIEW (Part) Tract: 0233.03 Block(s): 201B, 202B, 205B, 208, 211C, 212, 213, 214, 307B, 308, 309B Tract: 0233.08 Block(s): 601, 602, 603, 604, 605, 606, 607, 608, 609, 610
ROCKDALE COUNTY VTD: 0003 FIAT SHOALS (Part) Tract: 0603.02 Block(s): 305B Tract: 0603.04 Block(s): 614C VTD: 0004 HONEY CREEK VTD: 0006 LORRAINE VTD: 0007 MAGNET VTD: 0009 OLDE TOWNE (Part) Tract: 0602. Block(s): 701A Tract: 0603.02 Block(s): 301A, 305A, 611A Tract: 0603.03 Block(s): 113A, 118A, 118B, 118C, 118D, 119A, 401A, 402, 403, 502A, 503, 504, 505, 506, 507, 508, 509, 510, 511, 702A Tract: 0603.04 Block(s): 102C, 106A, 107, 108, 109, 110, 111, 112, 113A, 401A, 402, 403A, 404, 405, 406, 407A, 503B, 507, 508, 509, 510A, 511, 512, 513, 514, 515, 516, 517, 518, 519, 520, 521, 522, 523, 524, 525A, 526, 527, 528A, 529, 530, 601A, 607A, 608, 609A, 610, 611A, 612, 613, 614A, 615A, 616A, 617A, 701A, 701B, 702A, 705A VTD: 0010 ROCKDALE VTD: 0012 SMYRNA VTD: 0013 STANTON VTD: 0015 BARKSDALE
District: 75
DEKALB COUNTY VTD: 0070 LITHONIA VTD: OOAL ROCKBRIDGE VTD: OOBH STONEVIEW (Part) Tract: 0233.03 Block(s): 310B, 315B, 316, 317, 318B, 319B, 320B, 321, 415B, 419, 420, 421B, 422
ROCKDALE COUNTY VTD: 0001 CONYERS VTD: 0002 FIELDSTONE VTD: 0003 FIAT SHOALS (Part) Tract: 0603.02 Block(s): 203, 301B, 302, 303, 304, 305C, 305D, 306, 307, 308, 309, 401, 402, 623, 624, 625, 635, 636

2568

JOURNAL OF THE SENATE

Tract: 0603.04 Block(s): 611B, 614B, 614D, 615B, 616B, 701C, 702B, 703, 704, 705B, 706, 707, 708
VTD: 0005 LAKES DISTRICT VTD: 0008 MILSTEAD VTD: 0009 OLDE TOWNE (Part)
Tract: 0603.03 Block(s): 116A, 201B, 201C, 501 A, 601B, 601E, 605A, 607A, 701A
VTD: 0011 SHEFFIELD VTD: 0014 HIGHTOWER
District: 76
GWINNETT COUNTY VTD: 0014 408E VTD: 0021 1578A VTD: 0022 1578B VTD: 0023 1578C VTD: 0054 1578D VTD: 0066 408J VTD: 0072 571C VTD: 0077 571B
District: 77
GWINNETT COUNTY VTD: 0003 405A VTD: 0005 405C VTD: 0006 405D VTD: 0007 405E VTD: 0008 405F VTD: 0009 405G VTD: 0050 405H VTD: 0064 4051
District: 78
GWINNETT COUNTY VTD: 0004 405B VTD: 0035 406B VTD: 0037 406D VTD: 0043 406J VTD: 0061 4060 VTD: 0070 406P VTD: 0075 406R
District: 79
GWINNETT COUNTY VTD: 0034 406A VTD: 0036 406C VTD: 0038 406E VTD: 0039 406F VTD: 0058 406L VTD: 0059 406M VTD: 0060 406N
District: 80
GWINNETT COUNTY VTD: 0018 1263A VTD: 0019 1263B

TUESDAY, MARCH 24, 1992

2569

VTD: 0024 404A (Part) Tract: 0505.02 Block(s): 101A, 101B, 103, 104, 107, 108, 109, 110, 113, 114, 115, 130, 135, 137, 138
VTD: 0030 407C (Part) Tract: 0505.03 Block(s): 212C, 215B, 216
VTD: 0040 406G VTD: 0041 406H VTD: 0052 1263C VTD: 0053 1263D VTD: 0074 404C
District: 81
GWINNETT COUNTY VTD: 0031 544A VTD: 0032 544B (Part) Tract: 0505.07 Block(s): 203 VTD: 0042 4061 VTD: 0057 406K VTD: 0069 544E VTD: 0071 406Q VTD: 0078 544D
District: 82
GWINNETT COUNTY VTD: 0024 404A (Part) Tract: 0505.02 Block(s): 102 VTD: 0027 444B (Part) Tract: 0505.03 Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 140, 145, 146, 156, 157, 158, 159, 160, 161, 167, 191, 192, 193, 211, 223, 224 Tract: 0506.01 Block(s): 164 Tract: 0506.02 Block(s): 305, 333, 334, 335, 345, 346, 347 VTD: 0029 407B VTD: 0030 407C (Part) Tract: 0505.03 Block(s): 119, 123, 124, 138, 139, 141, 142, 143, 144, 147, 148, 149, 150, 151, 152, 153, 154, 155, 162, 163, 164, 165, 166, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 184, 185, 186, 189, 190, 201, 202, 203, 204, 205B, 207, 208, 209, 210, 213, 214B, 215C, 220B, 221B, 221C, 222, 225B Tract: 0505.09 Block(s): 201B VTD: 0032 544B (Part) Tract: 0505.02 Block(s): 135A, 134B Tract: 0505.07 Block(s): 101A, 101B, 102A, 201, 202, 204, 205, 206, 207, 208, 209, 210, 301, 302, 303, 306, 307, 308, 309, 310, 311, 701, 702A, 702B, 702C, 703, 704, 705A, 705B, 705C, 705D, 706, 707, 708 VTD: 0033 544C VTD: 0055 407D

2570

JOURNAL OF THE SENATE

VTD: 0067 404B
District: 83
GWINNETT COUNTY VTD: 0010 408A VTD: 0011 408B VTD: 0012 408C VTD: 0013 408D VTD: 0015 408F VTD: 0016 408G VTD: 0051 408H VTD: 0065 4081 VTD: 0073 408K
District: 84
GWINNETT COUNTY VTD: 0001 1295A (Part) Tract: 0505.09 Block(s): 504, 505, 506, 507, 604 Tract: 0507.04 Block(s): 140 Tract: 0507.05 Block(s): 102A, 102B, 103, 104A, 104B, 112, 113, 114, 115, 116, 119, 122, 123, 124, 125A, 125B, 125C, 126, 127, 128, 129, 130, 131A, 131B, 132, 133, 134A, 134B, 134C, 135, 136, 137, 138A, 138B, 138C, 139A, 139B, 140A, 1408, HOC, 141A, 141B, 141C, 149, 160B, 161A, 161B, 204, 205, 206, 207, 208, 209, 210, 211A, 211B, 212, 213A, 213B, 213C, 214, 215, 216, 217, 218, 219, 220A, 220B, 221A, 221B, 222, 223A, 223B, 224, 226 VTD: 0002 1295B (Part) Tract: 0507.04 Block(s): 101, 102A, 102B, 103, 104, 105, 106, 107A, 107B, 108, 109, 110, 111A, 111B, 112, 113A, 113B, 113C, 113D, 113E, 114, 115A, 115B, 116A, 116B, 116C, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139A, 139B, 139C, 141, 142, 143, 144, 201, 202, 203, 204, 206, 207 VTD: 0028 407A VTD: 0045 571A VTD: 0056 407E VTD: 0068 407F VTD: 0076 57 ID
WALTON COUNTY VTD: 0417 LOGANVILLE (Part) Tract: 1105. Block(s): 112A, 113A, 113B, 128A, 129A, 130, 131, 132, 135A, 136, 137, 138, 139, 140, 141A, 141B, 176A, 177, 178A, 178B, 179, 180A, 180B, 181A, 181B, 181C, 182, 183A, 203A, 204, 205A, 205B, 205C, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228A, 232, 233, 234, 235, 237, 239A, 239B, 239C, 239D, 240A, 240B, 241, 242, 243, 244, 245, 246A, 246B, 246C, 247, 248, 249, 250, 251, 252, 253, 254, 255A, 255B, 256A, 256B, 257A, 257B, 258A, 258C, 259, 314, 315, 317, 319, 320, 321, 322, 325, 342, 344, 345, 502
District: 85
FORSYTH COUNTY VTD: 0001 BIG CREEK VTD: 0008 MASHBURN
GWINNETT COUNTY

TUESDAY, MARCH 24, 1992

2571

VTD: 0026 444A VTD: 0044 1397 (Part)
Tract: 0501.02 Block(s): 802A
Tract: 0506.01 Block(s): 101, 102, 103, 104, 105A, 105B, 105C, 105D, 106, 107A, 107B, 107C, 107D, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124A, 124B, 124C, 124D, 125A, 125B, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 139, 140, 141, 144, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 230, 231, 253, 254
VTD: 0047 550A VTD: 0048 550B VTD: 0049 1604 VTD: 0062 550C VTD: 0063 550D
District: 86
BARROW COUNTY GWINNETT COUNTY
VTD: 0001 1295A (Part) Tract: 0505.09 Block(s): 401, 405, 406, 407 Tract: 0507.05 Block(s): 101, 105, 106, 107, 108, 109, 110, 111, 117, 142, 143, 144, 145, 146, 147, 148, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 201, 202, 203
VTD: 0017 1564 (Part) Tract: 0506.02 Block(s): 401, 402, 403, 404A, 404B, 405, 406, 407, 408, 409, 410A, 410B, 410C, 411A, 411B, 411C, 411D, 412, 413, 414A, 414B, 429, 430, 431, 432, 433, 434, 435, 436A, 436B, 436C, 437A, 437B, 437C, 438, 439, 440, 441, 442, 443, 444, 445, 446, 447, 448, 449, 450, 451, 452, 453, 454, 455, 456, 457
VTD: 0025 478
District: 87
WALTON COUNTY VTD: 0250 CAMPTON VTD: 0414 GRATIS VTD: 0415 BETWEEN VTD: 0416 WALNUT GROVE VTD: 0417 LOGANVILLE (Part) Tract: 1105. Block(s): 107, 108, 109, 110, 112B, 113C, 121, 122, 123, 124, 125, 126, 127, 128B, 128C, 129B, 133, 135B, 141C, 142, 143, 147, 148, 149, 176B, 183B, 183C, 184, 201, 202, 203B, 205D, 228B, 229, 230, 231, 236, 238, 258B, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 316, 318, 323, 324, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 343, 346, 347, 348, 349, 350, 351, 352, 353, 354, 355, 356, 357, 358, 359, 360, 361, 362, 363, 364, 365, 501, 503, 504, 505 VTD: 0418 SOCIAL CIRCLE VTD: 0419 MONROE AND BLASINGAME VTD: 0454 MOUNTAIN VTD: 0502 JERSEY VTD: 0559 GOOD HOPE VTD: 1663 BOLD SPRINGS VTD: 1675 WHATLEY

2572

JOURNAL OF THE SENATE

District: 88
CLARKE COUNTY VTD: 0004 PRECINCT 216-4 (Part) Tract: 0008. 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, 126, 127, 128, 129 Tract: 0013.02 Block(s): 108A, 108B, 108C, 108D, 108E, 117A, 117B, 118A, 118B, 119A, 120A, 120B, 120C, 120D, 120E, 120F, 121A, 121B, 121C, 121D, 121E, 125, 130A, 130B, 132A, 133A, 133B, 134, 135, 201A, 205A, 206A, 209A, 210A, 210B, 211A, 318A VTD: 001A PRECINCT 216-1A (Part) Tract: 0004. Block(s): 209, 210, 211, 212, 213, 214A, 215, 217 Tract: 0015.01 Block(s): 301A, 303A, 307A VTD: 002A PRECINCT 216-2A (Part) Tract: 0005. Block(s): 105 Tract: 0010. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 111, 112, 113, 114, 115, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 214 Tract: 0011. Block(s): 111, 112, 113, 114, 115, 201, 202, 203, 204 Tract: 0012. Block(s): 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223 Tract: 0015.02 Block(s): 306A, 418A, 419A VTD: 002B PRECINCT 216-2B VTD: 003A PRECINCT 216-3A VTD: 005B PRECINCT 216-5B (Part) Tract: 0008. Block(s): 124, 125, 130, 131 Tract: 0013.02 Block(s): 320, 321, 322, 328A, 329 VTD: 0217 PRECINCT 0217 (Part) Tract: 0004. Block(s): 216, 222 Tract: 0011. Block(s): 317A, 317B, 317C Tract: 0015.01 Block(s): 404, 405, 406, 407, 408, 409, 410, 411, 412 Tract: 0015.02 Block(s): 214, 215, 216, 301A, 301B, 302, 303B, 304, 305, 306C VTD: 0219 PRECINCT 0219 (Part) Tract: 0013.02 Block(s): 104, 128, 131, 133C VTD: 1347 PRECINCT 1347 (Part) Tract: 0013.02 Block(s): 101, 102, 103, 105, 106, 107, 108F, 109, 110, 111, 112, 113, 114, 115, 116, 117C, 118C, 119B, 120G, 122, 123, 124, 126, 127, 129, 130C, 130D, 132B, 201B, 202, 203, 204, 205B, 206B, 207, 208, 209B, 210C, 211B, 212, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318B, 319, 323, 324, 325, 326, 327, 328B VTD: 144A PRECINCT 144B (Part)

TUESDAY, MARCH 24, 1992

2573

Tract: 0013.98 Block(s): 105, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 210, 501B
Tract: 0015.02 Block(s): 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418B, 419B
VTD: 144B PRECINCT 144A (Part) Tract: 0013.98 Block(s): 203, 204, 205, 206, 207, 208, 209, 211, 212, 213, 214, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311A, 311B, 312, 313, 314, 315, 316, 317A, 317B, 318A, 318B, 319, 401, 402, 403A, 403B, 404A, 404B, 405A, 405B, 406, 407A, 407B, 408, 409, 410, 411, 412, 501C, 502, 503, 504, 505, 506, 507, 508, 509 Tract: 0016.98 Block(s): 201B, 301C, 307B, 308B, 308D, 315B, 317B, 318B, 325B, 325D
VTD: 1899 PRECINCT 1899 (Part) Tract: 0004. Block(s): 203B, 214B Tract: 0015.01 Block(s): 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 301B, 302, 303B, 304, 305, 306, 307B, 308, 309, 310, 311, 312, 401, 402, 403
District: 89
CLARKE COUNTY VTD: 0004 PRECINCT 216-4 (Part) Tract: 0001. Block(s): 106, 108, 109, 110, 111, 112, 113, 114, 115, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 136, 137, 138, 139, 140, 141, 142, 143 Tract: 0002. 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, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222 Tract: 0004. Block(s): 102, 103, 104, 105, 106, 107, 108, 109 Tract: 0005. Block(s): 101, 102 Tract: 0006. Block(s): 110, 125, 126, 127, 128, 142, 143, 201, 202, 203, 217, 218, 219 Tract: 0007. 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 VTD: 001A PRECINCT 216-1A (Part) Tract: 0001. Block(s): 128, 129, 130, 131, 132, 133, 134, 135 Tract: 0003. 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, 325, 326, 327, 328, 329, 330, 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 Tract: 0004. Block(s): 101, 110, 201, 202, 203A, 204, 205, 206, 207, 208 Tract: 0014.02 Block(s): 419A, 706A, 709, 710, 712, 713, 714, 715, 716, 717, 718, 719A VTD: 001B PRECINCT 216-2B (Part) Tract: 0001. Block(s): 101, 102, 103, 104, 105, 107, 116, 117

2574

JOURNAL OF THE SENATE

Tract: 0003. Block(s): 102A, 103A, 104, 105, 106A, 108, 109, 112, 113, 114A, 115A, 117A, 117B, 119, 120, 121, 122, 123, 124, 125, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 331
Tract: 0014.02 Block(s): 418A
VTD: 002A PRECINCT 216-2A (Part) Tract: 0005. Block(s): 104
VTD: 003B PRECINCT 216-3B VTD: 005A PRECINCT 216-5A VTD: 005B PRECINCT 216-5B (Part)
Tract: 0008. 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, 226, 227
Tract: 0009. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 113
Tract: 0013.02 Block(s): 330
VTD: 0219 PRECINCT 0219 (Part) Tract: 0003. Block(s): 101, 102B, 102C, 103B, 106B, 114B, 115B Tract: 0014.01 Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 116, 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, 145, 146, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 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, 246, 247, 248, 249, 250, 251, 252, 253
VTD: 0220 PRECINCT 0220 (Part) Tract: 0014.02 Block(s): 217, 218, 219, 401, 402, 403, 405, 411, 413, 420, 701, 702, 703, 704, 705, 706B, 706C, 719B, 723A
VTD: 1347 PRECINCT 1347 (Part) Tract: 0014.01 Block(s): 211, 212
VTD: 144A PRECINCT 144B (Part) Tract: 0013.98 Block(s): 101, 102, 103, 104, 106
VTD: 144B PRECINCT 144A (Part) Tract: 0013.98 Block(s): 201, 202
District: 90
ELBERT COUNTY OGLETHORPE COUNTY LINCOLN COUNTY
VTD: 9001 1A VTD: 9002 IB (Part)
Tract: 9701. Block(s): 233, 246, 247, 250, 251, 252, 253, 254, 255, 256, 259, 266, 267, 268, 301B, 302B, 302C, 303
WILKES COUNTY VTD: 0002 2A (Part) Tract: 9801. Block(s): 239, 240, 241B, 242, 243, 244, 245, 246, 247, 248, 249, 250, 268, 269 Tract: 9803.

TUESDAY, MARCH 24, 1992

2575

Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 117, 118, 119, 120, 121, 122, 123A, 123B, 124A, 124B, 125, 316, 318, 319, 528B, 529B, 601, 602, 603, 604, 605, 606, 607, 608, 609, 610, 611, 612, 613, 614, 615, 616, 617, 618, 619, 620B, 621B, 629, 630, 637B, 637C, 638, 639, 640B, 641, 642, 643, 644, 645, 646, 647, 648, 649, 650, 710, 711, 712, 713, 714, 715A, 715B, 716A, 716B, 717, 718, 719, 720, 721, 722, 723, 749, 750, 751, 752, 753, 754, 755, 757, 758, 759, 760, 761, 762, 763, 764, 765, 789
VTD: 0003 2B (Part) Tract: 9801. Block(s): 215, 216, 217, 218, 219, 220, 221, 222, 230B, 236, 237, 238, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265, 266, 267 Tract: 9803. Block(s): 701, 702, 703, 704, 705, 706, 707, 708, 709, 724, 725, 726, 727, 728, 729, 730, 731, 732, 733, 737, 738, 743, 744, 745, 746, 747, 748, 756, 766, 797
VTD: 0006 4A (Part) Tract: 9801. Block(s): 167, 168, 169, 170 Tract: 9802. Block(s): 167, 168, 172, 173, 174, 180, 181, 182 Tract: 9803. Block(s): 111, 112, 113, 115A, 126A, 126B, 127A, 127B, 128, 129, 130, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153
VTD: 0007 4B
District: 91
OCONEE COUNTY MORGAN COUNTY NEWTON COUNTY
VTD: 0004 BREWERS VTD: 0005 BRICK STORE VTD: 0009 MANSFIELD VTD: 0010 NEWBORN
District: 92
NEWTON COUNTY VTD: 0001 TOWN VTD: 0002 ALMON VTD: 0003 COVINGTON MILLS VTD: 0006 CEDAR SHOALS VTD: 0007 DOWNS VTD: 0008 GUM CREEK VTD: 0011 OXFORD VTD: 0012 ROCKY PLAINS VTD: 0013 STANSELL VTD: 0014 LEGUIN
District: 93
CLAYTON COUNTY VTD: 0004 FOREST PARK 3 (Part) Tract: 0402. Block(s): 909, 921, 923 Tract: 0403.04 Block(s): 206, 225, 226, 227, 231, 232, 233 VTD: 0006 FOREST PARK 5 (Part) Tract: 0403.05 Block(s): 304, 305, 309, 312, 313A, 313B, 315

2576

JOURNAL OF THE SENATE

Tract: 0404.05 Block(s): 104, 105
VTD: 0023 OAK 1 VTD: 0024 OAK 2 AND OAK 3 VTD: 0026 RIVERDALE 1 VTD: 0028 RIVERDALE 3 (Part)
Tract: 0405.04 Block(s): 301, 302, 309, 310A, 310B, 310C, 311A, 311B, 312, 315A, 315B, 315C, 329, 330A, 330B, 331, 333A, 333B
Tract: 0405.05 Block(s): 301A, 310A, 310B, 310C
VTD: 0029 RIVERDALE 4 (Part) Tract: 0405.03 Block(s): 302, 303, 304, 305, 306, 307, 308, 311, 312, 314A, 314B
VTD: 0032 RIVERDALE 7 (Part) Tract: 0404.05 Block(s): 106 Tract: 0405.03 Block(s): 301A, 301B, 313, 315, 316
VTD: 0033 RIVERDALE 8 (Part) Tract: 0405.04 Block(s): 330C, 333C, 334 Tract: 0405.05 Block(s): 221C, 301B, 309, 310D, 311, 312, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 516, 517, 518, 519, 520
District: 94
CLAYTON COUNTY VTD: 0001 ELLENWOOD VTD: 0002 FOREST PARK 1 VTD: 0003 FOREST PARK 2 VTD: 0004 FOREST PARK 3 (Part) Tract: 0402. Block(s): 901, 902, 903, 904, 905, 906, 907, 908A, 908B, 910, 911, 912, 913, 914, 915, 916, 917, 918, 922, 933 Tract: 0403.04 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, 201, 202, 203, 204, 205, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 224, 229, 230, 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 Tract: 0403.05 Block(s): 301, 302, 307A, 307B, 308A, 308B, 310, 311 VTD: 0006 FOREST PARK 5 (Part) Tract: 0403.05 Block(s): 201A, 201B, 202, 203, 204, 205, 206, 207, 208A, 208B, 208C, 209, 214, 215, 216, 217A, 217B, 217C, 217D, 218, 219, 220, 303, 306, 314A, 314B, 316, 317 Tract: 0404.05 Block(s): 101, 102, 110, 119A, 119B, 120, 121, 122, 123, 124, 126, 127, 128, 129 Tract: 0404.06 Block(s): 103, 106, 107, 108, 109, 110, 113, 115, 116, 117, 130, 131, 132, 135A, 135B, 136 VTD: 0017 ADAMSON MORROW 1 VTD: 0018 ADAMSON MORROW 2 AND FOREST PARK 6 VTD: 0021 ADAMSON MORROW 5 (Part) Tract: 0404.01

TUESDAY, MARCH 24, 1992

2577

Block(s): 706, 707, 708, 709, 710, 711 Tract: 0404.02
Block(s): 403, 405, 406, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 502, 503, 504, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 516, 517, 518, 519, 520, 521, 522, 523, 524, 525, 526, 527, 528, 529, 530, 531, 532, 533
Tract: 0404.03 Block(s): 401, 405, 406, 407, 408, 409
District: 95
CLAYTON COUNTY VTD: 0005 FOREST PARK 4 VTD: 0012 JONESBORO 7 VTD: 0013 JONESBORO 8 VTD: 0019 ADAMSON MORROW 3 VTD: 0020 ADAMSON MORROW 4 VTD: 0021 ADAMSON MORROW 5 (Part) Tract: 0404.03 Block(s): 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313 VTD: 0038 JONESBORO 4 AND JONESBORO 9 (Part) Tract: 0404.06 Block(s): 201, 202, 203, 218, 219, 220, 234, 235, 236, 237, 901, 902A, 902B, 904, 905, 906, 907A, 907B, 908, 909, 914, 915, 916, 917, 918, 923, 924, 925A, 925B, 929, 931, 933 Tract: 0406.04 Block(s): 301A, 301B, 302, 304, 319, 323, 324, 401, 402A, 402B, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413A, 413B, 414, 415A, 415B, 416, 417, 418, 419, 420, 423, 424A, 424B, 425, 426, 501, 502, 503, 504, 505A, 505B, 506, 507, 508, 509A, 509B, 510, 511, 512, 513, 514, 515, 520, 522, 523, 524, 525, 528, 529, 531A, 531B, 532, 533, 534, 535, 536, 537, 538, 539, 540, 541, 542, 543 VTD: 0041 LAKE CITY 1 VTD: 0042 JONESBORO 11
District: 96
CLAYTON COUNTY VTD: 0006 FOREST PARK 5 (Part) Tract: 0404.05 Block(s): 103, 109 VTD: 0027 RIVERDALE 2 VTD: 0028 RIVERDALE 3 (Part) Tract: 0405.05 Block(s): 212, 213, 214, 215, 216, 217, 218, 219, 220, 221A, 222, 224A, 226 VTD: 0029 RIVERDALE 4 (Part) Tract: 0405.03 Block(s): 114, 115, 116, 117A, 117B, 118, 119A, 119B, 119C, 119D, 122, 125, 126, 309, 310, 317 Tract: 0405.06 Block(s): 201, 202, 203, 204, 205, 206, 207A, 208, 209, 210, 211A, 211B, 211C, 212, 213, 214, 215, 216 VTD: 0030 RIVERDALE 5 VTD: 0031 RIVERDALE 6 VTD: 0032 RIVERDALE 7 (Part) Tract: 0404.05 Block(s): 107, 108, 206, 207, 227 Tract: 0405.03 Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 120, 121, 123, 402A, 402B, 402C, 402D, 402E, 403, 404, 405 VTD: 0033 RIVERDALE 8 (Part)

2578

JOURNAL OF THE SENATE

Tract: 0405.05 Block(s): 221B, 221D, 224B, 225
VTD: 0038 JONESBORO 4 AND JONESBORO 9 (Part) Tract: 0404.05 Block(s): 308, 309 Tract: 0406.04 Block(s): 601, 602, 603, 604, 605, 606, 607, 608, 609, 610, 611
VTD: 0039 JONESBORO 10 (Part) Tract: 0405.07 Block(s): 101, 102, 103, 104, 105B, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117 Tract: 0406.04 Block(s): 308C, 308D, 308F, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336 Tract: 0406.07 Block(s): 109
District: 97
CLAYTON COUNTY VTD: 0007 JONESBORO 1 VTD: 0008 JONESBORO 2 VTD: 0009 JONESBORO 3 VTD: 0010 JONESBORO 5 VTD: 0011 JONESBORO 6 VTD: 0014 LOVEJOY 1 VTD: 0015 LOVEJOY 2 VTD: 0016 LOVEJOY 3 VTD: 0025 PAN HANDLE VTD: 0039 JONESBORO 10 (Part) Tract: 0405.08 Block(s): 501, 517, 518, 519, 520, 521, 522 VTD: 0040 JONESBORO 12
District: 98
DOUGLAS COUNTY VTD: 0001 DOUGLASVILLE VTD: 0002 BEULAH VTD: 0003 STEWART VTD: 0007 MOUNT CARMEL (Part) Tract: 0802. Block(s): 504, 505, 506, 507, 508, 509, 510, 517, 518, 519 Tract: 0806.01 Block(s): 102A, 102B, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 301, 302A, 302B, 303, 305F, 305K, 307, 308, 309 Tract: 0806.02 Block(s): 210, 211, 212, 213 VTD: 0012 TURNER-LITHIA SPRINGS VTD: 0013 COMMERCIAL BANK VTD: 0014 LEE ROAD-LITHIA HIGH
District: 99
DOUGLAS COUNTY VTD: 0004 ARBOR STATION VTD: 0005 DORSETT SHOALS VTD: 0006 CHAPEL HILL VTD: 0007 MOUNT CARMEL (Part) Tract: 0806.01

TUESDAY, MARCH 24, 1992

2579

Block(s): 211, 212, 213, 214, 401, 402, 403, 404, 405, 406, 407, 408, 409, 501, 502, 503, 504, 601, 602, 603, 604
Tract: 0806.02 Block(s): 102, 301, 302, 303, 304, 305, 306, 307, 401, 402
VTD: 0008 WINSTON VTD: 0009 FAIRPLAY VTD: 0010 MIDDLE VTD: 0011 BILL ARP
District: 100
CARROLL COUNTY VTD: 0001 TEMPLE 649 VTD: 0004 ARMY RESERVE 714B EAST (Part) Tract: 9906. Block(s): 135, 201, 202B Tract: 9907. Block(s): 225, 226, 227, 228, 229, 230, 231, 232, 236, 317, 318, 319, 320, 321, 322, 323, 401, 402, 403B, 403C, 403D, 404, 405B, 407, 408, 409C, 410B, 410C, 411B, 429B, 429C, 430C, 430D, 430E, 431B, 432B, 433C, 433D, 434, 435B, 435C, 436B, 436C, 439, 440, 441, 606, 607, 608, 609, 610B, 617, 618B, 619C, 620 VTD: 0005 EMC 714B NORTH (Part) Tract: 9905. Block(s): 101B, 102, 103, 104B, 105B, 106, 107, 108A, 108C, 108D, 109C, 110 Tract: 9906. Block(s): 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 128, 129, 130, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145A, 145C, 202C, 206, 207C, 208, 209, 210, 211, 212 VTD: 0009 SANDHILL VTD: 0010 CENTERPOINT VTD: 0012 MOUNT ZION VTD: 0015 BOWDEN JUNCTION VTD: 0018 VILLA RICA CITY VTD: 0019 VILLA RICA COUNTY VTD: 0021 LAKESHORE RECREATION CENTER 714A2 VTD: 0022 BONNER 714A3 VTD: 0023 WEST GEORGIA COLLEGE 714A4 (Part) Tract: 9911. Block(s): 127, 208, 209, 227A, 227B, 228A, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311A, 312, 313, 314A, 315A, 315B, 316A, 316B, 317A
District: 101
CARROLL COUNTY VTD: 0002 WHITESBURG 682 VTD: 0003 ROOPVILLE 713 VTD: 0004 ARMY RESERVE 714B EAST (Part) Tract: 9907. Block(s): 185, 186, 187, 221, 222, 224, 233, 234, 235, 237, 238, 603, 604, 605, 625, 626, 627, 628 VTD: 0005 EMC 714B NORTH (Part) Tract: 9905. Block(s): 111B, 111C VTD: 0006 CENTRAL HIGH 714 B SOUTH VTD: 0007 KANSAS VTD: 0008 BOWDEN VTD: 0011 LOWELL VTD: 0013 BURWELL VTD: 0014 CLEM

2580

JOURNAL OF THE SENATE

VTD: 0016 TYUS VTD: 0017 HULETT VTD: 0020 WEST SIDE GYM 714A1 VTD: 0023 WEST GEORGIA COLLEGE 714A4 (Part)
Tract: 9905. Block(s): 501, 502, 503, 504, 505, 506, 508, 509, 510, 511, 512, 513A, 514A, 514B, 515A, 515B, 527A, 528, 529, 530, 531, 532, 533, 534, 535, 601 A, 602, 603A, 606A
VTD: 0024 OLD CAMP CHURCH 714B WEST VTD: 0025 OAK GROVE CHURCH 715
District: 102
HARRIS COUNTY MERIWETHER COUNTY
VTD: 0007 GILL ONE (Part) Tract: 9705. Block(s): 734, 735
MUSCOGEE COUNTY VTD: 0020 MORNINGSIDE (Part) Tract: 0102.02 Block(s): 106, 127, 128, 147, 148, 301, 318 VTD: 0022 UPATOI VTD: 0034 21A
TALBOT COUNTY VTD: 3001 BOX SPRINGS VTD: 3005 ONEALS
TROUP COUNTY VTD: 0005 WEST POINT VTD: 0008 ROUGH EDGE (Part) Tract: 9606. Block(s): 128, 129, 130, 131, 132, 133, 139, 140, 142, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157 Tract: 9607. Block(s): 335, 336, 421, 422, 423, 424, 425, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 516, 517, 518, 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, 546 Tract: 9611. Block(s): 102, 103, 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, 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, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265, 266, 267, 268, 269 VTD: 0013 GRAY HILL VTD: 0015 HIGHLANDS (Part) Tract: 9607. Block(s): 301, 302, 303, 304, 305, 306, 307A, 307B, 308A, 308C, 315A, 315B, 316A, 316B, 316C, 317A, 317B, 317C, 317D, 318, 319, 320A, 320B, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332A, 332B, 333, 334, 420A, 420B, 420C, 501
District: 103
HEARD COUNTY COWETA COUNTY
VTD: 0003 THIRD (SMOKEY ROAD) VTD: 0004 FOURTH (HANDY)

TUESDAY, MARCH 24, 1992

2581

VTD: 0007 EIGHTH (CEDAR CREEK) VTD: 0008 NINTH (GRANTVILLE) VTD: 0010 ELEVENTH (HURRICANE) VTD: 0011 TWELFTH (PANTHER CREEK) VTD: 0015 FIFTEENTH (NEWNAN) VTD: 0016 SIXTEENTH (NEWNAN) (Part)
Tract: 1703. Block(s): 410B, 417B, 418
Tract: 1706. Block(s): 501, 502B, 503B, 504B, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 516, 518, 519, 520, 521, 522, 523, 524, 525, 526, 527, 528, 529, 530, 531, 532, 533
VTD: 0018 EIGHTEENTH (NEWNAN) VTD: 0019 NINETEENTH (NEWNAN) VTD: 0020 TWENTIETH (NEWNAN) VTD: 0021 TWENTY-FIRST (WHITE OAK) (Part)
Tract: 1703.
Block(s): 308, 309, 310, 311, 312, 317, 318, 319, 328, 331, 332, 333, 334, 335, 336, 337, 338, 340, 341, 342, 401, 402, 403, 404, 405, 406, 407, 408, 409B, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 436
Tract: 1704. Block(s): 315, 318, 321, 336, 337, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 351, 352, 353, 354
District: 104
COWETA COUNTY VTD: 0005 SIXTH (SHARPSBURG) VTD: 0006 SEVENTH (PALMETTO) VTD: 0022 TWENTY-SECOND (MADRAS)
FAYETTE COUNTY VTD: 0001 BLACKROCK (Part) Tract: 1404.01 Block(s): 201, 202, 203, 204, 205, 206, 207, 208, 209, 210C, 211B, 212B, 214, 215B, 216, 217, 218, 219, 220, 221, 222, 223B, 224, 225, 226, 227B, 228B, 229B, 229C, 236, 237, 238, 239, 240B, 501, 502 VTD: 0003 EUROPE VTD: 0004 FAYETTEVILLE EAST VTD: 0005 FAYETTEVILLE WEST (Part) Tract: 1404.01 Block(s): 318A, 318B, 319A, 320, 321A VTD: 0006 FLINT VTD: 0007 HOPEFUL VTD: 0008 MORNING CREEK VTD: 0009 RAREOVER VTD: 0010 SANDY CREEK VTD: 0023 KENWOOD VTD: 0024 BANKS
District: 105
FAYETTE COUNTY VTD: 0002 BROOKS VTD: 0005 FAYETTEVILLE WEST (Part) Tract: 1401.02 Block(s): 224A Tract: 1402.01 Block(s): 324A, 327A Tract: 1403.01 Block(s): 101A, 102A

2582

JOURNAL OF THE SENATE

Tract: 1404.01 Block(s): 210A, 210B, 211A, 212A, 213, 215A, 223A, 227A, 228A, 229A, 230, 231, 232, 233, 234, 235, 240A, 241, 242, 301, 302, 303, 304, 305, 306, 307A, 308, 309, 310A, 310B, 311, 312A, 312B, 312C, 313A, 314A, 315A
VTD: 0011 SHAKERAG EAST VTD: 0012 SHAKERAG WEST VTD: 0013 STARRSMILL VTD: 0014 WHITEWATER VTD: 0015 WOOLSEY VTD: 0016 MCINTOSH VTD: 0017 OAK GROVE AND FLAT CREEK AND PART BRAELINN VTD: 0018 KEDRON VTD: 0019 ABERDEEN VTD: 0020 WINDGATE VTD: 0022 BRAELINN VTD: 0025 HARPS CROSSING VTD: 0026 WILLOW POND
District: 106
COWETA COUNTY VTD: 0001 FIRST (SENIOA) VTD: 0009 TENTH (HARALSON) VTD: 0012 THIRTEENTH (RAYMOND) VTD: 0013 FOURTEENTH (TURIN) VTD: 0021 TWENTY-FIRST (WHITE OAK) (Part) Tract: 1703. Block(s): 409C, 409D Tract: 1706. Block(s): 603, 604, 605, 606, 607, 608, 609B, 610C, 611, 612, 613, 614, 615, 616, 617, 618, 619, 620, 621, 622, 623, 624, 641, 642
SPALDING COUNTY VTD: 0003 GRIFFIN THREE (Part) Tract: 1609. Block(s): 423, 424, 425, 426, 427, 428, 434, 435, 436, 437, 504, 505, 506 Tract: 1611. Block(s): 101A, 101B, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218A, 219, 220, 221, 222, 223, 224, 225, 227 Tract: 1612. Block(s): 101, 102, 103, 104, 105, 106, 107 VTD: 0005 GRIFFIN FIVE (Part) Tract: 1605. Block(s): 125, 150A, 151A, 152A, 153A, 155, 160A, 161A, 162B, 174A, 174B, 174C, 175, 176, 177A, 177B Tract: 1607. Block(s): 520A, 521A, 522A, 523A, 524A, 526A, 527A, 528A, 528B, 529, 530A, 531, 532A, 532B VTD: 0006 GRIFFIN SIX VTD: 0008 AFRICA VTD: 0012 EXPERIMENT (Part) Tract: 1604. Block(s): 106, 107, 108, 109, 110A, 111, 112, 113A, 201A Tract: 1605. Block(s): 121, 122, 123C, 124, 128, 129B, 130, 140, 141, 142, 143, 144, 145, 146, 147B, 148B, 149, 150B, 151B, 152B, 162C, 163B, 164, 173A, 173B Tract: 1607. Block(s): 520B, 521B, 522B, 523B

TUESDAY, MARCH 24, 1992

2583

VTD: 0013 LINE CREEK VTD: 0014 MOUNT ZION VTD: 0015 ORRS WEST VTD: 0016 UNION
District: 107
HENRY COUNTY VTD: 0015 HAMPTON VTD: 0035 LOWES VTD: 0060 SIXTH (Part) Tract: 0701.03 Block(s): 501, 502, 503, 504, 505 Tract: 0703.01 Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 201, 202, 203, 204, 205, 206, 207, 208, 210, 211, 212, 213, 301, 302 VTD: 0065 STOCKBRIDGE (Part) Tract: 0701.03 Block(s): 506, 507
SPALDING COUNTY VTD: 0001 GRIFFIN ONE VTD: 0002 GRIFFIN TWO VTD: 0003 GRIFFIN THREE (Part) Tract: 1609. Block(s): 214B, 215, 227B, 234C, 235C, 429, 430, 433, 501, 502, 503, 507B, 507C, 508B, 509B, 510B, 511B, 512, 513, 514, 515, 516B, 517, 518B, 519 Tract: 1611. Block(s): 202A, 226, 228, 229A Tract: 1612. Block(s): 108, 109 VTD: 0005 GRIFFIN FIVE (Part) Tract: 1604. Block(s): HOB, 113B, 120B, 121, 122, 201B, 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, 246, 247, 248B, 249, 250, 251B, 252, 253, 254. Tract: 1605. Block(s): 123A, 123B, 126, 127A, 127B, 129A, 147A, 148A, 162A, 163A, 165, 166, 167 Tract: 1608 Block(s): 401, 402, 403, 407, 408, 421B VTD: 0007 GRIFFIN SEVEN VTD: 0009 AKIN VTD: 0010 CABIN VTD: 0011 EAST GRIFFIN VTD: 0012 EXPERIMENT (Part) Tract: 1603. Block(s): 201, 202, 203, 204, 205, 206, 207, 208B, 209, 210, 211, 212, 213B, 215, 216B Tract: 1604. Block(s): 119, 120A, 123A, 124, 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, 160A, 161, 162A, 163A, 164A, 164B, 169, 170
District: 108
HENRY COUNTY VTD: 0010 FLIPPEN VTD: 0020 HIGHLAND VILLAGE (Part)

2584

JOURNAL OF THE SENATE

Tract: 0701.02 Block(s): 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: 0040 MCDONOUGH AND WESTSIDE VTD: 0055 SHAKERAG VTD: 0060 SIXTH (Part)
Tract: 0701.03 Block(s): 458, 459
VTD: 0065 STOCKBRIDGE (Part) Tract: 0701.02 Block(s): 112 Tract: 0701.03 Block(s): 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117A, 117B, 118A, 118B, 119, 120, 121A, 121B, 122, 123, 124, 125, 126, 127, 128A, 128B, 129, 130B, 131, 132A, 201A, 202, 203A, 203B, 204A, 204B, 204C, 205, 206A, 206B, 207, 208, 209A, 209B, 209C, 210A, 210B, 211, 212A, 212B, 213A, 213B, 214A, 214B, 214C, 214D, 215, 216A, 216B, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238A, 239A, 240A, 324A, 326A, 405A, 406A, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418A, 418B, 419, 420A, 420B, 420C, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 436, 437, 438, 439, 440, 442A, 443A, 455, 456, 457, 460, 461, 462, 463, 464, 465, 466, 470, 471
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
District: 109
BUTTS COUNTY 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 VTD: 0050 SANDY RIDGE VTD: 0070 SWAN LAKE (Part)

TUESDAY, MARCH 24, 1992

2585

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
LAMAR COUNTY VTD: 0001 BARNESVILLE GMD 533 (Part) Tract: 9701. Block(s): 191, 192, 265, 266, 267, 268, 269, 270, 271, 272 Tract: 9702. Block(s): 144A, 144C, 145A, 145B, 145C, 145D, 145E, 146, 147A, 147B, 148A, 148B, 148C, 149, 150, 153, 154, 155A, 155C, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 202, 203, 204, 205, 206A, 206B, 207, 208, 209, 210A, 210B, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 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, 337, 338, 339, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412A, 412B, 413A, 413B, 414, 415, 416, 417A, 417B, 417C, 418A, 418B, 418C, 425, 426, 427, 502A, 503A, 504A, 505, 507, 508 Tract: 9703. Block(s): 101A, 101B, 102, 103A, 103B, 104A, 104B, 104C, 107, 108A, 108B, 109, 110, 111A, 111B, 112A, 112B, 113, 114, 115, 116, 117A, 117B, 118, 119, 120, 121, 122, 201, 202, 203, 204A, 204B, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 306A, 307A, 308, 309, 310, 311, 312A, 312B, 313, 314A, 314B, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325A, 325B, 326A, 326B, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 430A, 430B, 431, 432, 433A, 433B, 434A, 434B, 435A, 435B, 436A, 436B, 436C, 436D VTD: 0002 MILNER GMD 540 VTD: 0003 JOHNSTANVILLE GMD 504 (Part) Tract: 9702. 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, 151, 152, 171, 172, 173, 174, 175, 176, 201, 221, 222, 223 VTD: 0004 CHAPPELL GMD 523
District: 110
JASPER COUNTY MONROE COUNTY JONES COUNTY
VTD: 0001 BARRON AND CLINTON (Part) Tract: 0301.02 Block(s): 108, 111, 113, 114, 115, 116, 117, 118, 119, 124, 125, 204, 205, 206, 208, 209, 225, 226, 227 Tract: 0302. Block(s): 154, 156, 157, 159, 160, 161, 168, 169, 170, 171, 172, 173, 175, 176, 177, 178, 179, 180, 181, 182, 183, 256A, 257, 258, 259, 260, 261, 262, 293, 294, 295, 301, 307. 308, 309, 311, 312, 313 Tract: 0303. Block(s): 301, 302, 304, 307, 308, 311, 314B, 316B, 316C, 317B, 327, 328, 329, 330, 331, 332, 333, 334, 341, 343, 347, 377, 378, 379
VTD: 0002 FINNEY AND WHITE VTD: 0006 SANDERS LAMAR COUNTY VTD: 0001 BARNESVILLE GMD 533 (Part)
Tract: 9701.

2586

JOURNAL OF THE SENATE

Block(s): 367, 368, 369, 370, 371, 372, 373, 374, 375, 376, 380A, 380B, 381A, 381B, 382, 383, 384, 385, 386, 387
Tract: 9702. Block(s): 143, 144B, 155B, 167, 168, 169, 170, 419, 420, 421, 422, 423, 424, 501, 502B, 503B, 504B, 506, 509, 510, 511, 512, 513, 514, 515, 516, 517, 521, 557, 558, 559, 560, 561, 562, 563, 564, 565, 566, 567, 568, 569, 570, 571, 572, 573, 574
Tract: 9703. Block(s): 105, 106, 301, 302, 303, 304, 305, 306B, 307B, 338, 339, 401, 402, 403, 404, 405, 406, 427, 428, 429, 430C, 437, 438, 439, 440A, 442, 443, 444, 467A, 470, 471, 473, 474A
VTD: 0005 REDBONE GMD 539 VTD: 0006 PIEDMONT GMD 1494
District: 111
GREENE COUNTY TALIAFERRO COUNTY PUTNAM COUNTY
VTD: 1701 1 VTD: 1702 2 (Part)
Tract: 9601. Block(s): 108, 109, 110, 113, 114, 123, 124, 125.
Tract: 9602.
Block(s): 145, 146, 148, 149, 156, 157, 158, 159, 167B, 167C, 168A, 168B, 168D, 168E, 169, 170, 186, 187, 188, 189, 190, 191, 192, 308, 318, 402, 403B, 405, 406B, 407A, 407C, 415, 416, 417, 418, 423, 424, 425, 426, 427, 428, 429, 430, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 602A, 602B, 603A, 603B, 604, 605, 606, 607, 608, 609, 610A, 610B, 628, 629, 630, 631, 632, 701, 706, 707, 708, 709
VTD: 1703 3 (Part) Tract: 9601. Block(s): 101, 102, 103, 104, 105, 106, 107, 111, 115, 191, 195, 196 Tract: 9602. 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, 147, 150, 151, 152, 153, 154, 155, 160, 161, 162, 163, 164, 165, 166, 167A, 168C, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 184, 185, 193, 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, 235A, 235B, 236, 237, 238, 239, 240, 243, 244A, 244B, 245A, 245B, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265, 266, 267, 268, 269, 270, 271, 272, 301, 302, 303, 304, 305, 306, 307, 309, 310, 311, 312, 313, 314, 315, 316, 317, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329A, 329B, 330, 331, 403A, 404, 406A, 407B, 419, 420, 421, 422
VTD: 1704 4 (Part) Tract: 9603. Block(s): 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 218, 219, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 280, 281, 282, 283, 284, 285, 286, 287, 288, 289, 290, 291, 292, 293, 294, 295, 296
WARREN COUNTY VTD: 0001 WARRENTON VTD: 0002 CAMAK VTD: 0003 NORWOOD VTD: 0004 BEALL SPRINGS VTD: 0005 RICKETSON

TUESDAY, MARCH 24, 1992

2587

WILKES COUNTY VTD: 0001 1 (Part) Tract: 9802. Block(s): 233, 234, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260 Tract: 9803. Block(s): 301A, 301B, 302A, 302B, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 320, 321, 322, 323, 324, 325, 326, 327, 328, 332, 333, 334, 335, 336, 337, 338, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414A, 416, 417, 418, 419, 420, 421, 422A, 422B, 423A, 423B, 424A, 424B, 424C, 425, 426, 427, 428, 429, 430, 431, 432, 433, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 516, 517, 518, 519, 520, 521, 522, 523, 524, 525, 526, 527, 528A, 529A, 620A, 621A, 622, 623, 624, 625, 626, 627, 628, 631, 632, 633, 634, 635, 636, 637A, 640A VTD: 0002 2A (Part) Tract: 9803. Block(s): 317, 329, 330, 331, 339, 340, 341, 342, 343, 344, 345, 785, 786, 787, 788 VTD: 0003 2B (Part) Tract: 9803. Block(a): 734, 735, 736, 739, 740, 741, 742, 767, 768, 769, 770, 771, 772, 773, 774, 775, 776, 777, 778, 779, 780, 781, 782, 783, 784, 790, 791, 792, 793, 794, 795, 796 VTD: 0004 3A VTD: 0005 3B VTD: 0006 4A (Part) Tract: 9803. Block(s): 109, 110, 114, 115B, 116, 131, 132A, 132B
District: 112
COLUMBIA COUNTY VTD: 0001 PRECINCT TEN (Part) Tract: 0304. Block(s): 321, 322, 323, 330, 331, 332, 333, 334, 335, 447, 448, 515, 516, 517, 518, 519, 520, 521, 522, 523, 524, 525, 545, 546, 547, 548, 550, 551, 601, 602, 603, 604, 605, 606, 607, 608, 609, 610, 611, 612, 613, 614, 615, 616 VTD: 0003 PRECINCT TWENTYFIVE VTD: 0005 PRECINCTS FORTY AND FIFTY VTD: 0007 PRECINCT SIXTY (Part) Tract: 0303.01 Block(s): 101, 102, 103, 104, 210, 211, 212, 213, 214, 240, 241, 242 VTD: 0016 PRECINCT SIXTYFIVE (Part) Tract: 0303.01 Block(s): 243, 244
LINCOLN COUNTY VTD: 9002 IB (Part) Tract: 9701. Block(s): 301A, 302A, 304A, 304B, 305, 306, 307, 308, 309, 316, 320, 328, 329 VTD: 9003 2 VTD: 9004 3A VTD: 9005 3B VTD: 9006 4
MCDUFFIE COUNTY VTD: 0001 THOMSON VTD: 0002 DEARING (Part) Tract: 9505. Block(s): 101, 102, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134A, 134B, 135, 136, 137, 138, 139, 141, 142, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 168, 169, 170, 171, 172, 173A, 173B, 174, 175, 176, 177, 178, 179, 180, 181, 182,

2588

JOURNAL OF THE SENATE

183, 184, 185, 186, 187, 188, 189, 190, 191, 192, 193, 194, 195, 196, 197, 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, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265, 266, 267, 268, 269, 270, 271, 272, 273, 274, 275, 276, 277, 278, 279, 280, 281, 282, 283, 301A, 301B, 302A, 302B, 303, 304, 305, 306A, 306B, 307A, 307B, 308, 309, 310, 311, 312, 313, 314, 315A, 315B, 316A, 316B, 317A, 317B, 318, 319, 320, 321. 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333A, 333B, 334, 335, 336, 337A, 337B, 338, 339, 340, 341, 342, 343A, 343B, 344A, 344B, 345, 346, 347, 348, 349, 350, 351, 352, 353, 354, 355, 356, 357, 358, 359, 360, 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, 451A, 451B, 451C, 452, 453, 454, 455, 456, 457 VTD: 0003 MT. AUBURN VTD: 0004 WRIGHTSBORO
District: 113
COLUMBIA COUNTY VTD: 0001 PRECINCT TEN (Part) Tract: 0304. Block(s): 526, 527, 528, 529, 530, 531, 532, 533, 534, 535, 536, 537, 538, 539, 540, 541, 542, 543, 544, 549, 552, 553, 701, 702, 703, 704, 705 VTD: 0007 PRECINCT SIXTY (Part) Tract: 0303.01 Block(s): 105, 106, 209, 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, 245, 246, 247, 281, 293, 294, 295 VTD: 0008 PRECINCT SEVENTY VTD: 0009 PRECINCT EIGHTY (Part) Tract: 0302.03 Block(s): 209, 301, 302, 303, 309 VTD: 0011 PRECINCT ONE HUNDRED VTD: 0012 PRECINCT ONE HUNDRED TEN VTD: 0013 PRECINCT ONE HUNDRED TWENTY VTD: 0014 PRECINCT ONE HUNDRED THIRTY VTD: 0015 PRECINCT ONE HUNDRED THIRTYFIVE VTD: 0016 PRECINCT SIXTYFIVE (Part) Tract: 0303.01 Block(s): 271, 272, 273, 276, 277, 278, 279, 280, 282, 283, 284, 285, 286, 287, 288, 289, 290, 291, 292 VTD: 0017 PRECINCT ONE HUNDREDTWENTYFIVE VTD: 0018 PRECINCT EIGHTYFIVE
District: 114
COLUMBIA COUNTY VTD: 0009 PRECINCT EIGHTY(Part) Tract: 0302.03 Block(s): 201, 202, 203, 204, 205, 206, 210, 211, 212 VTD: 0010 PRECINCT NINETY
RICHMOND COUNTY VTD: 0022 8A (Part) Tract: 0016. Block(s): 207A, 208A, 213A, 226A VTD: 0055 89-10 (Part) Tract: 0016.

TUESDAY, MARCH 24, 1992

2589

Block(s): 203, 204, 207B, 207C, 208B, 213B, 221, 222, 223, 226B, 227C, 229, 302, 303, 304, 305, 306, 307, 308, 311, 312, 315, 316, 319, 320, 321, 322, 323
VTD: 0056 90-1 (Part) Tract: 0101.04 Block(s): 401, 402, 403, 404, 405, 407, 408, 409, 410, 901, 902, 903, 904, 905, 906, 907, 908, 909, 910, 911, 912
VTD: 0057 90-2 VTD: 0058 90-3 VTD: 0060 90-5 VTD: 0066 FG4
District: 115
RICHMOND COUNTY VTD: 0002 1A VTD: 0004 2A VTD: 0005 3 VTD: 0012 5 VTD: 0013 5A VTD: 0015 6 VTD: 0017 6B VTD: 0019 7 VTD: 0020 7A VTD: 0021 8 VTD: 0022 8A (Part) Tract: 0011. Block(s): 207, 208 Tract: 0012. Block(s): 601, 602, 603, 604, 609, 610, 611, 612, 613, 614, 615, 901B Tract: 0016. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 202A, 205, 206, 209, 212, 215, 216, 217, 218, 219A, 227A, 233 VTD: 0023 8B VTD: 0024 8C VTD: 0037 87-1 VTD: 0038 87-2 VTD: 0041 88-3 (Part) Tract: 0016. Block(s): 401, 911B VTD: 0047 89-2 VTD: 0055 89-10 (Part) Tract: 0016. Block(s): 202B, 227B VTD: 0056 90-1 (Part) Tract: 0101.02 Block(s): 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 119, 120, 121, 901, 902, 903, 904, 905, 906, 907, 908, 909A, 909B, 910, 911, 912 VTD: 0059 90-4
District: 116
BURKE COUNTY VTD: 0001 ALEXANDER VTD: 0002 GIRAND VTD: 0003 GOUGH VTD: 0004 GREENS CUT AND FOUR POINTS (Part) Tract: 9501. Block(s): 165, 166, 167, 168, 169A, 189, 190, 191, 192, 222, 224, 230, 232, 233, 234,

2590

JOURNAL OF THE SENATE

235, 236, 237, 244, 245, 246, 247, 272, 273, 274, 275, 276, 280, 281, 282, 283, 284, 285, 286, 287, 289, 291, 292 VTD: 0005 KEYSVILLE (Part) Tract: 9502. Block(s): 106, 107, 108A, 108B, 127, 128, 201, 202, 203, 204A, 204B, 205, 206A, 206B, 207A, 207B, 207C, 208A, 208B, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223A, 223B, 224, 225, 226, 227, 228, 229A, 229B, 230, 231, 232A, 232B, 232C, 233, 234, 235, 236, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 271, 273, 274, 275, 276, 277, 278A, 278B, 279, 280, 281, 282, 283, 284, 285, 286, 287, 288, 289, 290, 291, 292, 293, 294, 295, 296, 297 VTD: 0006 MIDVILLE VTD: 0007 MUNNERLYN VTD: 0008 SARDIS VTD: 0009 SCOTTS CROSSROAD VTD: 0010 SHELLBLUFF VTD: 0011 ST CLAIR VTD: 0012 VIDETTE VTD: 0014 NORTH WAYNESBORO VTD: 0015 SOUTH WAYNESBORO RICHMOND COUNTY VTD: 0032 86-4 (Part) Tract: 0107.03 Block(s): 103, 104, 105, 106, 107, 108, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 149, 151, 152, 153 Tract: 0107.04 Block(s): 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 114, 115, 134, 161, 162, 163 Tract: 0108. Block(s): 901F VTD: 0035 86-7 (Part) Tract: 0109.01 Block(s): 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 230A, 237, 238, 239, 240, 422A, 432A, 437A, 438, 439, 440, 441, 442, 443, 444A, 445 VTD: 0053 89-8 VTD: 0063 FG1 VTD: 0064 FG2 VTD: 0067 FG5 (Part) Tract: 0108. Block(s): 901D, 901G, 901H, 901J, 906, 907, 911, 912 VTD: 0068 FG6
District: 117
RICHMOND COUNTY VTD: 0006 3A VTD: 0008 4 (Part) Tract: 0014. Block(s): 401, 402, 404, 406, 407, 408, 409 Tract: 0015. Block(s): 201, 203, 204, 207, 211, 212, 216, 601, 603, 604, 605, 606 Tract: 0104. Block(s): 101A, 102A, 103A, 104A, 105A, 107A, 108A, 112A, 114A, 115A, 201A, 205A, 703A Tract: 0106. Block(s): 401, 407A VTD: 0010 4B VTD: 0011 4C

TUESDAY, MARCH 24, 1992

2591

VTD: 0014 5B VTD: 0016 6A VTD: 0018 6C VTD: 0032 86-4 (Part)
Tract: 0107.03 Block(s): 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 148,
150
VTD: 0039 88-1 VTD: 0040 88-2 VTD: 0041 88-3 (Part)
Tract: 0103. Block(s): 407, 408, 409, 410, 411, 412, 413, 414A, 414B, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 428
VTD: 0042 88-4 VTD: 0043 88-5 VTD: 0044 88-6 VTD: 0045 88-7 VTD: 0046 89-1 VTD: 0049 89-4 (Part)
Tract: 0105.05 Block(s): 401, 501, 502, 603, 702, 703, 704, 705, 707, 708, 709, 710, 711, 712, 713, 715, 718, 719, 720, 721, 801, 802, 803, 804, 805, 806, 807, 808, 809, 810, 811, 812, 813, 814, 816, 817, 818, 919, 920
VTD: 0051 89-6 VTD: 0052 89-7 (Part)
Tract: 0105.05 Block(s): 901, 902, 903, 904, 916, 917
Tract: 0105.07 Block(s): 301, 302, 304, 305, 306, 307, 308, 309, 313, 314, 412, 413, 414, 415, 418
District: 118
RICHMOND COUNTY VTD: 0001 1 VTD: 0003 2 VTD: 0007 3B VTD: 0008 4 (Part) Tract: 0015. Block(s): 101B, 104, 105, 106, 107, 108, 110, 202, 205, 206, 208, 209, 210, 213, 214, 301, 302, 303, 304, 310, 401, 402, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 501, 508, 510, 511, 512, 513, 515 VTD: 0009 4A VTD: 0026 85-1 VTD: 0027 85-2 VTD: 0028 85-3 VTD: 0031 86-3 (Part) Tract: 0107.05 Block(s): 101, 102, 103, 105, 106, 107, 108, 109 VTD: 0032 86-4 (Part) Tract: 0107.03 Block(s): 141, 142, 143, 144, 145, 146, 147 Tract: 0107.04 Block(s): 101, 148, 149, 150, 151, 152, 153, 154 VTD: 0048 89-3 VTD: 0049 89-4 (Part) Tract: 0105.05 Block(s): 201, 301, 601, 602, 701, 706, 714, 716, 717, 722, 723
VTD: 0050 89-5 (Part)

2592

JOURNAL OF THE SENATE

Tract: 0105.09 Block(s): 811, 812, 813, 814, 815, 816, 817, 818, 819, 820, 821, 822, 823, 824, 825, 828, 829, 830, 831, 832, 833, 835
District: 119
BURKE COUNTY VTD: 0004 GREENS CUT AND FOUR POINTS (Part) Tract: 9501. Block(s): 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 117, 118, 119, 120, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 223, 225, 226, 227, 228, 229, 231, 238, 239, 240, 241, 242, 243, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265, 266, 267, 268, 269, 270, 271, 277, 278, 279, 288, 290, 293, 294, 295, 296, 297 VTD: 0005 KEYSVILLE (Part) Tract: 9502. Block(s): 101, 102, 103, 104, 105, 124, 125, 126, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 237, 238, 239, 240, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265, 266, 267, 268, 269, 270, 272
RICHMOND COUNTY VTD: 0029 86-1 VTD: 0030 86-2 VTD: 0031 86-3 (Part) Tract: 0107.05 Block(s): 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, 246, 247 VTD: 0032 86-4 (Part) Tract: 0107.04 Block(s): 112, 113, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 155, 156, 157, 158, 159, 160 VTD: 0033 86-5 VTD: 0034 86-6 VTD: 0035 86-7 (Part) Tract: 0109.01 Block(s): 201, 202, 203, 204, 227, 228, 229, 230B, 231, 232, 233, 234, 235, 236, 341, 342, 392, 394, 395, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422B, 423, 432B, 433, 434, 435, 436, 437B, 444B, 446, 447, 448, 449, 450 VTD: 0036 86-8 VTD: 0050 89-5 (Part) Tract: 0105.09 Block(s): 721, 722, 723, 724, 725, 801, 802, 803, 804, 805, 806, 807, 808, 809, 810, 834, 836, 837 Tract: 0107.05 Block(s): 104
District: 120
GLASCOCK COUNTY JEFFERSON COUNTY COLUMBIA COUNTY
VTD: 0002 PRECINCTS TWENTY AND THIRTY VTD: 0019 PRECINCT SEVENTYFIVE MCDUFFIE COUNTY VTD: 0002 DEARING (Part)
Tract: 9505.

TUESDAY, MARCH 24, 1992

2593

Block(s): 451D WARREN COUNTY
VTD: 0006 PAN HANDLE
District: 121
HANCOCK COUNTY WASHINGTON 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, 353, 354, 367, 368, 369 Tract: 9702. Block(s): 524 Tract: 9707. Block(s): 126
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
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
VTD: 0012 FIRST CHRISTIAN CHURCH 320C (Part) Tract: 9704. Block(s): 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 423, 424, 425, 426, 427, 430, 431, 504, 505, 506, 513
VTD: 0013 SCOTTSBORO 1714 (Part) Tract: 9708. Block(s): 105B, 106, 107, 108, 116, 117, 118B, 132, 133
District: 122
BALDWIN COUNTY VTD: 0001 MONTPELIER-EAST BALDWIN (Part) Tract: 9701.

2594

JOURNAL OF THE SENATE

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, 347, 348, 349, 350, 351, 352, 355, 356, 357, 358, 359, 360, 361, 362, 363, 364, 365, 366, 370, 371, 372, 373, 374, 375, 376, 377, 378, 379, 380, 381, 382, 383
Tract: 9702. Block(s): 342B
VTD: 0002 NORTH BALDWIN 318 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, 517, 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 (Part)
Tract: 9703. Block(s): 230B
Tract: 9704. Block(s): 308B, 309A, 310A, 311A, 311B, 312, 313, 314, 315, 316, 317, 318, 319, 324, 325, 428, 429, 507, 508, 509
Tract: 9705. Block(s): 109, 110, 111, 112, 201A, 202A, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212A, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 325A, 326A, 326B, 343A, 345, 346A, 346B, 349, 350A, 351, 352, 353, 354, 355, 356A, 357, 358, 359A, 360, 362A
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 GMC 320G (Part) Tract: 9705. 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 (Part) Tract: 9704.

TUESDAY, MARCH 24, 1992

2595

Block(s): 421, 422, 501, 502, 503, 510, 511, 512, 514, 515, 516, 517, 518, 519, 520, 521, 522, 523, 524, 525, 526, 527, 528, 529
Tract: 9705. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 142, 143
VTD: 0012 FIRST CHRISTIAN CHURCH 320C (Part) Tract: 9704. Block(s): 106, 107, 108, 109, 114, 115, 116, 218, 219, 220, 301, 302, 303, 304, 305, 306, 320, 321, 322, 323, 326, 327
VTD: 0013 SCOTTSBORO 1714 (Part) Tract: 9708. Block(s): 109, 110, 111, 112, 113, 114, 115, 123B, 127B, 130, 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
PUTNAM COUNTY VTD: 1702 2 (Part) Tract: 9601. Block(s): 206, 207 VTD: 1703 3 (Part) Tract: 9601. Block(s): 112, 116, 117, 118, 119, 120, 121, 122, 126, 127, 131, 132, 133, 137, 138, 139, 140, 141, 142, 144, 145, 146, 147, 150, 189, 190, 192, 193, 194 VTD: 1704 4 (Part) Tract: 9601. Block(s): 128, 129, 130, 134, 135, 136, 143, 148, 149, 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, 183, 184, 185, 186, 187, 188, 197, 201, 202, 203, 204, 205, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 222, 223, 224, 225, 226, 227, 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, 253, 254, 255, 256 Tract: 9602. Block(s): 401, 408, 409, 410, 411, 412, 413, 414, 601 Tract: 9603. 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, 183, 184, 185, 186, 187, 188, 189, 190, 191, 192, 193, 194, 195, 196, 197, 263, 264, 265, 266, 267, 268, 269, 270, 271, 272, 273, 274, 275, 276, 277, 278, 279, 297
District: 123
WILKINSON COUNTY TWIGGS COUNTY JONES COUNTY
VTD: 0001 BARRON AND CLINTON (Part) Tract: 0302. Block(s): 174, 302, 303, 304, 305, 306, 310 Tract: 0303. Block(s): 303, 305, 306, 309, 310, 312, 313B, 318B, 320, 321, 322, 323, 345, 346, 349, 351, 352, 353, 354, 355, 356, 357, 465B
VTD: 0003 GRAY VTD: 0004 POPE VTD: 0005 ROBERTS

2596

JOURNAL OF THE SENATE

VTD: 0007 DAVIDSON VTD: 0008 ROBERTS 4
District: 124
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: 0013 GODFREY 04 VTD: 0034 VINEVILLE 01 (Part) Tract: 0102. Block(s): 101 Tract: 0106. Block(s): 101, 102, 103, 106, 201, 202, 203, 204, 205, 208, 209, 210, 211, 212, 215, 216, 217, 402 Tract: 0107. Block(s): 101, 102, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 151, 152, 155, 156, 201, 202B, 203, 244, 253B, 255, 301, 302, 303, 304, 305, 314, 316B, 317, 318, 319, 320, 321, 322, 324, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343 Tract: 0108. Block(s): 102, 103, 104, 106, 107, 108, 109, 110, 112, 114, 115, 116, 117, 118, 119, 120, 121, 201, 202, 203, 204, 205, 206, 208, 210, 211, 213, 214, 220, 221, 223, 224, 225, 228, 229, 230, 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
District: 125
BIBB COUNTY VTD: 0007 EM07 VTD: 0014 GODFREY 05 VTD: 0018 GODFREY 09 VTD: 0020 HAZARD 06 VTD: 0021 HAZARD 03 (Part) Tract: 0132.01 Block(s): HOB, 111, 112, 113, 114, 115B, 116, 117, 118B, 119B, 119C, 120B, 121C, 121D, 123, 124, 201B, 202, 203, 204, 205, 206A, 206B, 207A, 207B, 208A, 208B, 209, 210, 211A, 211B, 212A, 212B Tract: 0132.02 Block(s): 102B, 102D, 103A, 103B, 113A, 113B, 113C, 113D, 114A, 114B Tract: 0134.97 Block(s): 122 Tract: 0136.01 Block(s): 201, 202, 203, 205, 206, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413 Tract: 0136.02 Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109A, 109B, 110A, HOB, 111A, 111B, 112, 113, 114A, 114B, 115A, 115B, 116, 117, 118, 122 VTD: 0024 HO 01 (Part) Tract: 0121. Block(s): 102A

TUESDAY, MARCH 24, 1992

2597

Tract: 0134.97 Block(s): 208A, 209A, 210A, 216A, 217A, 220
VTD: 0025 HO 02 (Part) Tract: 0121. Block(s): 102C, 102D, 102E, 103, 207D, 208, 209, 210C, 211, 212, 213B, 223B Tract: 0122. Block(s): 226 Tract: 0132.01 Block(s): 101B, 121E Tract: 0134.97 Block(s): 101, 102, 103, 104, 105, 106, 107, 108B, 115, 116, 117, 118, 119, 120, 121, 123, 206D, 207, 208B, 209B, 210B, 211, 212, 213, 214, 215, 216B, 217B, 218, 219, 304B, 305, 308, 309, 310, 317, 318, 319, 320, 321
VTD: 0032 RUTLAND 01 VTD: 0033 RUTLAND 02 VTD: 0045 WA 01 (Part)
Tract: 0136.02 Block(s): 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 215, 219, 220, 221, 501, 502, 503, 510, 511, 512
VTD: 0046 WA 02 VTD; 0047 HAZARD 02
District: 126
BIBB COUNTY VTD: 0009 EM09 VTD: 0024 HO 01 (Part) Tract: 0121. Block(s): 102B, 202, 203, 204, 205, 206, 207A, 207B, 207C, 210A, 210B, 213A, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223A, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234 Tract: 0134.97 Block(s): 108A, 109, 110, 111, 112, 113, 114 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: 0038 VINEVILLE 05 VTD: 0039 VINEVILLE 06 VTD: 0040 VINEVILLE 07 VTD: 0041 VINEVILLE 08 VTD: 0042 VINEVILLE 09 VTD: 0044 MACON 01 (Part) Tract: 0122. Block(s): 105A, 105B, 115, 116, 117 Tract: 0123. Block(s): 301, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 501A, 509, 510, 511, 512, 513, 514, 515, 516, 517, 518, 519, 520, 521 Tract: 0124. Block(s): 112
District: 127
BIBB COUNTY VTD: 0012 GODFREY 03 VTD: 0015 GODFREY 06

2598

JOURNAL OF THE SENATE

VTD: 0016 GODFREY 07 VTD: 0017 GODFREY 08 VTD: 0019 HAZARD 05 VTD: 0022 MACON 03 VTD: 0023 HAZARD 01 VTD: 0034 VINEVILLE 01 (Part)
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, 128, 129, 130, 131, 132, 133, 134, 135, 136
Tract: 0102. Block(s): 102, 103, 104, 105, 106, 107, 108, 109, 110
Tract: 0103. Block(s): 101
Tract: 0108. Block(s): 111
VTD: 0035 VINEVILLE 02 (Part) Tract: 0101. Block(s): 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413 Tract: 0102. Block(s): 111, 112, 113, 114 Tract: 0103. Block(s): 102, 201
VTD: 0036 VINEVILLE 03 (Part) Tract: 0103. Block(s): 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, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237 Tract: 0104. Block(s): 101, 103, 122, 124 Tract: 0105. Block(s): 101, 102, 103, 104, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 314, 315, 316 Tract: 0106. Block(s): 206, 207, 213, 214, 401, 403
VTD: 0037 VINEVILLE 04 VTD: 0043 MACON 02 VTD: 0044 MACON 01 (Part)
Tract: 0123. Block(s): 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320
District: 128
BIBB COUNTY VTD: 0045 WA 01 (Part) Tract: 0136.01 Block(s): 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424 Tract: 0136.02 Block(s): 401, 402, 403, 404, 405, 406, 407, 414, 504, 505, 506, 507, 508, 509, 513, 514, 515, 516, 517, 601, 602, 603, 604, 605, 606, 607, 608, 609, 610 VTD: 0048 HAZARD 04
CRAWFORD COUNTY

TUESDAY, MARCH 24, 1992

2599

VTD: 0003 3 VTD: 0004 4 VTD: 0005 5 VTD: 001A 1A HOUSTON COUNTY VTD: 0003 MSSH (Part)
Tract: 0201.03 Block(s): 301A, 302, 303, 304, 308B, 309, 310, 313B
VTD: 0004 RECR (Part) Tract: 0201.02 Block(s): 222, 223 Tract: 0201.03 Block(s): 301B Tract: 0206. Block(s): 202A, 202B, 202C, 202D, 203, 204A, 205, 206, 207A, 901E
VTD: 0007 PKWD VTD: 0008 NSJH (Part)
Tract: 0201.01 Block(s): 117, 118A, 118B
Tract: 0201.02 Block(s): 201, 202, 219, 220, 221, 224, 225, 226, 227, 228, 229, 230, 231, 401A, 401B, 401D, 401E, 401H, 401J, 402, 403, 404, 405, 406, 407, 408, 409, 410, 414, 415, 417, 418, 419, 420, 421, 422A, 422B, 423, 424, 425
VTD: 0012 CENT PEACH COUNTY
VTD: 0005 DISTRICT 1 VTD: 0020 BYRON
District: 129
PIKE COUNTY UPSON COUNTY
District: 130
TROUP COUNTY VTD: 0001 LAGRANGE ONE VTD: 0002 LAGRANGE TWO (Part) Tract: 9604. Block(s): 429, 430, 431, 432, 433 Tract: 9608. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 131, 132, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 224, 225, 226, 227, 310, 311, 317, 318, 319, 320, 321, 322, 323, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 436, 437, 438, 439 Tract: 9609. Block(s): 103, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 301, 302, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 513A, 513B, 513C, 514, 524A, 525, 526A, 529A, 530A, 530B, 533A, 559, 560, 561A, 562, 563, 564A, 565, 566, 567 VTD: 0003 LAGRANGE THREE VTD: 0006 HOGANSVILLE VTD: 0007 EAST VERNON VTD: 0009 MOUNTVILLE (Part) Tract: 9605. Block(s): 101, 102, 103, 104, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 164B, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 184, 185, 186, 187, 188, 189, 190, 191, 192, 193, 194, 195

2600

JOURNAL OF THE SENATE

VTD: 0010 MCLENDON VTD: 0011 LONG CANE VTD: 0012 WEST VERNON VTD: 0015 HIGHLANDS (Part)
Tract: 9607. Block(s): 410, 411, 412, 413, 414, 415A, 415B, 415C, 416, 417, 418, 419
District: 131
COWETA COUNTY VTD: 0002 SECOND (MORELAND) VTD: 0014 FIFTH (NEWMAN) VTD: 0016 SIXTEENTH (NEWNAN) (Part) Tract: 1706. Block(s): 401A, 413A, 413C, 414B, 415A, 417A, 418A, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 438, 439, 440, 517 VTD: 0017 SEVENTEENTH (NEWNAN)
MERIWETHER COUNTY VTD: 0001 LONE OAK VTD: 0002 LUTHERVILLE VTD: 0003 ALVATON-UPPER NINTH VTD: 0004 GAY-MID NINTH VTD: 0007 GILL ONE (Part) Tract: 9705. Block(s): 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 325, 529, 530, 531, 532, 533, 534, 535, 536, 537, 540, 629, 631, 632, 639, 640, 647, 714A, 716, 723, 724, 736, 737 VTD: 0008 GILL TWO VTD: 0011 ODESSADALE-SEVENTH VTD: 0012 GREENVILLE-EIGHT VTD: 0013 RALEIGH
TROUP COUNTY VTD: 0002 LAGRANGE TWO (Part) Tract: 9608. Block(s): 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 133, 134, 221, 222, 223, 228, 229, 230, 301, 302, 303, 304, 305, 306, 307, 308, 309, 312, 313, 314, 315, 316, 324, 325, 417, 418, 419, 420, 421, 422, 423, 424 Tract: 9609. Block(s); 101, 102, 104, 105, 106, 107, 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, 511, 512 VTD: 0004 LAGRANGE FOUR VTD: 0009 MOUNTVILLE (Part) Tract: 9606. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112B, 113, 120, 121, 122, 123, 124, 125, 126, 127, 134, 135, 136, 137, 138, 141, 143, 144, 158, 159, 160, 161, 162, 163 Tract: 9611. Block(s): 101, 104 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): 308B, 309, 337, 338

TUESDAY, MARCH 24, 1992

2601

District: 132
MUSCOGEE COUNTY VTD: 0017 BRITT DAVID VTD: 0018 BLANCHARD VTD: 0020 MORNINGSIDE (Part) Tract: 0102.02 Block(s): 101, 102, 104, 105, 107, 108, 111, 112, 113, 117, 119, 120, 121, 122, 123, 124, 125, 126, 129, 131, 133, 134, 135, 137, 144, 145, 150, 151, 152, 153 Tract: 0104.02 Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 127, 201, 202, 203, 204, 902 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 Tract: 0016. Block(s): 102, 103, 104, 105, 106, 109, 110, 301, 302, 303, 306, 307, 308, 309, 401, 402, 403, 407, 408, 411, 414 Tract: 0110. Block(s): 119B, 122 VTD: 0028 BIBB CITY VTD: 0030 ARNOLD VTD: 0031 BEALLWOOD VTD: 0032 DOUBLE CHURCHES VTD: 0033 FORTSON VTD: 0035 32B
District: 133
MUSCOGEE COUNTY VTD: 0008 CARVER (Part) Tract: 0028. Block(s): 305, 306 Tract: 0029.01 Block(s): 101, 102, 103, 104, 106, 107, 108, 109, 110, 111, 112, 114, 115, 116, 117 VTD: 0009 RIGDON (Part) Tract: 0020. Block(s): 117, 201, 202, 203, 204, 205, 206 VTD: 0010 DIMON (Part) Tract: 0029.01 Block(s): 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 221, 222, 223, 224, 225 Tract: 0107.01 Block(s): 117, 119, 120, 134, 201, 202, 203, 204, 205, 208, 209, 210, 212, 213, 215, 216, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230 Tract: 0107.02 Block(s): 113, 114, 115, 116, 117, 118, 119, 136, 137, 201, 202, 221, 222, 223, 224, 225, 226, 228 VTD: 0011 DAWSON (Part) Tract: 0107.01 Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 118, 123, 124, 125, 126, 127, 128, 130, 131, 132, 133, 135 Tract: 0107.02

2602

JOURNAL OF THE SENATE

Block(s): 101, 104, 105, 106, 107, 108, 109, 110, 111, 122, 123, 125, 126, 127, 128, 129, 130, 132, 134, 135
VTD: 0012 WESLEY HEIGHTS VTD: 0013 REGENCY HEIGHTS VTD: 0014 ROTHSCHILD VTD: 0015 EDGEWOOD (Part)
Tract: 0021. Block(s): 101, 119, 120, 204, 205, 206, 207, 208, 213
VTD: 0016 GENTIAN (Part) Tract: 0010. Block(s): 201, 202, 203, 204, 205, 206, 207, 208, 216, 217, 218, 219, 220, 221, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 323, 325, 326
VTD: 0027 CLUBVIEW (Part) Tract: 0011. Block(s): 107, 108, 109, 111, 112, 113, 114
VTD: 0041 3B FORT BENNING VTD: 0042 3B1 FORT BENNING
District: 134
CHATTAHOOCHEE COUNTY VTD: 0001 CUSSETA (Part) Tract: 0202. Block(s): 901A
MUSCOGEE COUNTY VTD: 0004 BAKER VTD: 0005 SAINT MARY S VTD: 0008 CARVER (Part) Tract: 0028. Block(s): 401, 402, 403, 404, 407, 408 Tract: 0029.02 Block(s); 101 VTD: 0010 DIMON (Part) Tract: 0029.01 Block(s): 212, 213, 214, 215, 216, 217, 218, 219, 220, 227, 229 Tract: 0107.02 Block(s): 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 227, 229, 230 VTD: 0011 DAWSON (Part) Tract: 0107.02 Block(s): 102, 103, 121 VTD: 0036 3A1 FORT BENNING VTD: 0037 3A2 FORT BENNING VTD: 0039 3A4 FORT BENNING VTD: 0040 3A5 FORT BENNING
District: 135
MUSCOGEE COUNTY VTD: 0001 COURTHOUSE (Part) Tract: 0001. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 223 Tract: 0015. Block(s): 401, 403, 404, 405, 406, 407, 408, 409, 413, 415, 416, 417, 418, 428, 429, 430, 431, 434, 435, 436, 437, 438 Tract: 0016. Block(s): 605, 607, 608, 609, 610, 611, 612, 613, 614, 616, 617, 618 VTD: 0006 WYNNTON

TUESDAY, MARCH 24, 1992

2603

VTD: 0015 EDGEWOOD (Part) Tract: 0021. Block(s): 102, 103, 104, 105, 108, 109, 110, 111, 112, 113, 115, 116, 117, 122, 123, 214, 215, 216, 217, 218, 219, 220, 223 Tract: 0105. Block(s): 104, 106, 109, 202, 203, 206, 207, 208, 209, 210, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 301, 302, 303, 305, 306, 307, 316, 317
VTD: 0016 GENTIAN (Part) Tract: 0010. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 114, 115, 116, 117, 118, 119, 120, 121, 122, 209, 210, 211, 212, 213, 214, 316, 317, 318, 319, 320, 321, 322, 324
VTD: 0019 REESE ROAD VTD: 0021 MIDLAND VTD: 0023 WOOD VTD: 0024 NORTH HIGHLAND (Part)
Tract: 0015. Block(s): 101, 102, 112, 122, 201, 202, 203, 310
Tract: 0016. Block(s): 101, 108, 111, 113, 123, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 304, 305, 310, 311, 312, 313, 404, 405, 406, 409, 410, 412, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 601, 602, 603, 604, 606, 615
VTD: 0025 EAST HIGHLAND VTD: 0026 SAINT ELMO VTD: 0027 CLUBVIEW (Part)
Tract: 0011. Block(s): 101, 102, 103, 104, 105, 106, 110, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 126, 127, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322
VTD: 0029 JOHNSON
District: 136
MUSCOGEE COUNTY VTD: 0001 COURTHOUSE (Part) Tract: 0001. Block(s): 118, 119, 120, 121, 122, 123, 124, 125, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 222 Tract: 0024. Block(s): 109, 110, 111, 112, 113, 114, 116, 120 Tract: 0025. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 401, 402, 403, 404, 405, 406, 407, 408, 409, 501, 503, 504, 505, 506, 507, 509, 901 Tract: 0026. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 201, 202, 203, 204, 205, 206, 209, 210 VTD: 0002 NORTH LUMPKIN VTD: 0003 EDDY VTD: 0007 BRITT VTD: 0008 CARVER (Part) Tract: 0022. Block(s): 311, 312, 313, 314, 315, 316, 317, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 414, 416 Tract: 0028.

2604

JOURNAL OF THE SENATE

Block(s): 301, 302, 303, 304, 405, 406, 501, 502, 503, 504, 505, 506, 601, 602, 603, 604, 801, 802, 803, 805, 806, 808
VTD: 0009 RIGDON (Part) Tract: 0020. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 118, 119, 120, 121, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222
VTD: 0015 EDGEWOOD (Part) Tract: 0021. Block(s): 201, 202, 203, 209, 210, 211, 212, 221
VTD: 0038 3A3 FORT BENNING
District: 137
CHATTAHOOCHEE COUNTY VTD: 0001 CUSSETA (Part) Tract: 0201.
Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114A, 114B, 115A, 115B, 116A, 116B, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134A, 134B, 135A, 135B, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159A, 159B, 160, 161A, 161B, 162A, 162B, 163, 164A, 164B, 165A, 165B, 165C, 166A, 166B, 167, 168, 169A, 169B, 170A, 170B, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 184, 185, 186, 187, 188, 189, 190, 191, 192, 193, 194, 195, 196, 197, 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, 246, 247, 248, 249, 250
Tract: 0202. Block(s): 901B, 901C, 901D, 901E, 901F, 902, 903, 904, 905, 906, 907, 908, 909, 910, 911, 912, 913, 914, 915, 916, 917, 918, 919, 920, 921
MARION COUNTY VTD: 0010 DRANEVILLE VTD: 0015 DOYLE VTD: 0020 TAZEWELL VTD: 0025 FORT PERRY VTD: 0030 PINEKNOT VTD: 0035 BRANTLEY
MERIWETHER COUNTY VTD: 0005 WOODBURY-LOWER NINTH VTD: 0006 CHALYBEATE AND LOVE VTD: 0007 GILL ONE (Part) Tract: 9705. Block(s): 290A, 290B, 291, 292, 301, 323, 324, 326, 327, 328, 628, 630, 633, 634, 635, 636, 637, 638, 641, 642, 643, 644, 645, 646, 701A, 701B, 702, 703, 704A, 704B, 705A, 705B, 706, 707, 708, 709, 710, 711, 712, 713, 714B, 715, 717, 718, 719, 720, 721, 722, 725, 726, 727, 728, 729, 730, 731, 732, 733, 738, 739 VTD: 0009 WARM SPRINGS VTD: 0010 DURAND
SCHLEY COUNTY VTD: 0001 SCHLEY PRECINCT (Part) Tract: 9601. 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, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178A, 178B, 179, 180A, 180B, 186, 187, 188, 189, 190, 191, 192, 194, 195A, 195B, 196, 209, 210, 211, 212, 213, 214, 215A, 215B, 216, 217A,

TUESDAY, MARCH 24, 1992

2605

217B, 218, 219, 220, 221, 222A, 222B, 223A, 223B, 224A, 224B, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253A, 253B, 254, 256, 257A, 257B, 258A, 258B, 259A, 259B, 260, 261, 262A, 262B, 263 Tract: 9602. Block(s): 101, 102, 103, 104, 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, 181, 182, 183, 184, 185, 186, 187, 188, 189, 190, 191, 192, 193, 194, 195, 196, 197 SUMTER COUNTY VTD: 0025 CONCORD NEW 26 VTD: 0035 AMERICUS 27 (Part) Tract: 9502. Block(s): 105, 106, 107, 108, 109, 110, 111, 112, 113, 114A, 114B, 114C, 127, 128, 129, 132, 133, 134, 135, 136, 137, 138, 139, 140A, 140B, 141A, 141C, 141D, 142, 149A, 149C, 150, 151, 152, 301A, 301B, 301C, 301E, 302, 307, 308, 309, 311A, 311B, 312A, 312B, 312C, 313, 314, 315A, 315B, 315C, 316A, 316B, 317, 318, 319, 320, 321A, 321B, 322, 323, 402, 403, 404, 405, 406, 407, 408, 409A, 409B, 409C, 409D, 409E, 410, 411, 412A, 412B, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430 Tract: 9503. 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, 201, 202, 203, 204, 205A, 205B, 205C, 205D, 205E, 205F, 205G, 205H, 205J, 205K, 205L, 206A, 206B, 206C, 206D, 207A, 207B, 207C, 208A, 208B, 208C, 209A, 209B, 209C, 210, 211A, 211B, 211C, 211D, 212A, 212B, 213A, 213B, 214A, 214B, 214C, 216A, 216B, 216C, 217A, 217B, 217C, 217D, 217E, 217F, 217G, 217H, 217J, 218A, 218B, 218C, 219, 221, 222, 223, 224, 225, 501, 502, 503, 504, 505, 506, 507, 508, 509 Tract: 9506. Block(s): 101, 126, 128, 129, 130, 145, 146, 147, 148, 149 Tract: 9507. Block(s): 104, 105A, 105B, 106A, 106B, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 123, 124, 125, 126, 201A, 201B, 201C, 201D, 202, 203, 204, 207B, 208, 209, 210, 211, 212, 213, 214, 215, 216A, 216B, 217, 218, 219, 220A, 220B, 220C, 220D, 221, 222, 223, 224, 225, 226, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246A, 246B, 247, 248, 249, 250, 318, 319, 320, 321, 322, 323, 401A, 401B, 401C, 402A, 402B, 402C, 403A, 403B, 404A, 404B, 405, 406, 407A, 407C, 408A, 408B, 409B, 409C, 409E, 417, 426 VTD: 0040 CHAMBLISS 28 (Part) Tract: 9501. Block(s): 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 177, 178, 179, 180, 192, 193, 194, 195 Tract: 9502. Block(s): 101, 102, 103, 104, 130, 131, 153, 154, 155, 401, 431, 433 VTD: 0045 ANDERSONVILLE TALBOT COUNTY VTD: 3002 FLINT HILL VTD: 3003 GENEVA VTD: 3004 JUNCTION CITY VTD: 3006 PRATTSBURG VTD: 3007 TALBOTTON VTD: 3008 VALLEY TAYLOR COUNTY

2606

JOURNAL OF THE SENATE

VTD: 0001 1 VTD: 0003 3 VTD: 0004 4 VTD: 0005 5 VTD: 0006 6 VTD: 0007 7 (Part)
Tract: 9501. Block(s): 172, 173, 174
Tract: 9502. Block(s): 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158A, 158B, 159, 160A, 160B, 162, 172, 173, 174A, 174B, 175, 176A, 176B, 177, 178, 179, 180, 181, 182, 183, 184, 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, 229B, 230B, 232B, 233, 234, 235, 236, 237A, 237B, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254A, 254B, 255, 256, 257, 258, 259, 260, 261, 262, 263, 268, 269, 270, 271, 275, 294, 295, 296, 297
Tract: 9503. Block(s): 101, 102, 104, 107, 108
VTD: 0008 8 VTD: 0009 9
District: 138
PULASKI COUNTY CRISP COUNTY
VTD: 0001 CORDELE (Part)
Tract: 9801. Block(s): 150, 156, 164, 165, 166, 167, 168, 169, 170, 248, 249, 250, 252A, 252B, 253
Tract: 9803. Block(s): 113, 118, 119, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 172, 173, 201, 202A, 202B, 202C, 203A, 204A, 204B, 205A, 205B, 206A, 206B, 207, 208, 213, 214A, 214B, 215, 216A, 216B, 217, 218A, 218B, 219A, 219B, 220A, 220B, 221A, 221B, 221C, 222, 223, 224A, 224B, 224C, 225, 226A, 226B, 227, 228A, 228B, 229A, 229B, 230A, 230B, 231, 236, 237, 238, 239, 240, 241, 242, 247, 248, 249, 250, 251, 252, 255A, 255B, 255C, 256A, 256B, 256C, 256D, 256E, 256F, 257A, 257B, 258A, 258B, 258C, 259A, 259B, 260A, 260B, 261A, 261B, 262A, 262B, 263A, 263B, 264, 265, 266A, 266B, 267A, 267B, 268A, 268B, 269, 270, 271
Tract: 9804. Block(s): 101, 102, 103, 104, 105, 106, 107A, 107B, 107C, 107D, 108A, 108B, 109A, 109B, 110A, HOB, 111A, 111B, 112A, 112B, 113A, 113B, 114, 115, 116A, 116B,
117A, 117B, 118A, 118B, 119, 120A, 120B, 120C, 121A, 121B, 122A, 122B, 123, 124, 125A, 125B, 126A, 126B, 126C, 127, 128, 129, 130, 131, 132, 133A, 133B,
134A, 134B, 134C, 135A, 135B, 136, 137A, 137B, 138A, 138B, 139, 140, 141A, 141B, 141C, 142, 143, 144, 145, 146, 147, 148, 149, 150, 201, 202, 203, 204, 205, 206, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 225, 226, 227, 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, 253, 254, 255, 338, 339, 401, 402A, 402B, 403, 404, 405A, 405B, 406A, 406B, 406C, 407A, 407B, 407C, 408, 409A, 409B, 410A, 410B, 411, 412, 413, 414A, 414B, 414C, 414D, 414E, 415A, 415B, 415C, 416, 417,
418A, 418B, 430, 442, 443, 444, 445, 501A, 501B, 502A, 502B, 503A, 503B, 503C, 504, 505, 506, 507, 508, 509, 510, 511A, 511B, 512, 513, 514A, 514B, 515, 516, 517, 518, 519, 520, 521, 522, 523, 524, 525, 526, 527A, 527B, 528A, 528B, 528C,
528D, 529A, 529B, 530, 531, 532, 533, 534, 535, 536, 537, 538, 539, 540, 541, 542, 543, 544 Tract: 9805.

TUESDAY, MARCH 24, 1992

2607

Block(s): 101, 102, 103, 104, 105, 106, 107, 114, 115, 116, 117, 118, 119, 120 VTD: 0002 LISTONIA VTD: 0003 HATLEY VTD: 0004 ARABI VTD: 0005 JAMESTOWN VTD: 0006 CONEY DOOLY COUNTY VTD: 0002 SIXTH 1012 VTD: 0003 THIRD 516 VTD: 0004 DRAYTON 633 (Part)
Tract: 9703. Block(s): 359, 360, 361, 365, 367, 386, 387, 388, 395, 396, 397
HOUSTON COUNTY VTD: 0004 RECR (Part) Tract: 0206. Block(s): 101, 102A, 102B, 102C, 102D, 102E, 103, 201, 204B, 901B, 901C, 901D, 901F, 901G, 901H, 901J, 901K, 901L, 907A, 907B, 908A, 908B, 909A VTD: 0009 LII VTD: 0010 UII (Part) Tract: 0211.02 Block(s): 107B, 108, 109, 111A, 111B, 112B, 113A, 113B, 114B, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 139, 140, 141, 142, 143, 301, 304 Tract: 0211.03 Block(s): 101, 102, 103, 104, 105, 202, 203B, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 215, 216, 217, 218, 219, 220, 221, 301, 302, 303, 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, 337, 338, 339, 340, 341, 342, 343, 344, 345 VTD: 0011 10TH (Part) Tract: 0211.02 Block(s): 302, 303, 306, 307, 308, 309, 310, 311, 312, 313 Tract: 0211.03 Block(s): 334, 335, 336 Tract: 0212. Block(s): 109, 110, 111, 112, 114, 115, 116, 117, 118, 119, 120, 121, 201, 202, 203, 206 VTD: 0014 N13 (Part) Tract: 0215.01 Block(s): 101, 102, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 151, 152, 153, 154 Tract: 0215.02 Block(s): 254, 255 VTD: 0015 12TH VTD: 0016 TOWN (Part) Tract: 0212. Block(s): 204, 205, 207, 208, 209, 210, 211B, 212, 213B, 301, 302, 303A, 303B Tract: 0213. Block(s): 101, 102A, 102B, 103A, 103B, 104, 105, 106, 108, 109A, 109B, 110, 111, 112, 114, 116, 117A, 117B, 310, 311D, 314, 315, 316, 317, 334, 336, 430B, 431, 432 Tract: 0214. Block(s): 301, 302, 303, 304, 305A, 305B, 306A, 306B, 328A, 328B, 329, 330, 331, 332, 401, 402B, 407, 408, 507, 525, 526, 527, 528, 529, 530 Tract: 0215.02 Block(s): 143B, 144, 145
SUMTER COUNTY VTD: 0035 AMERICUS 27 (Part)

2608

JOURNAL OF THE SENATE

Tract: 9505. Block(s): 114B, 114C, 114D, 115, 118, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 220, 221, 222, 223, 224A, 224B, 224C, 225, 226A, 226B, 227, 228, 229, 233A, 233B, 233C, 234, 235
Tract: 9506. Block(s): 216, 217, 218, 219, 220, 221, 222, 223, 316, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328
Tract: 9507. Block(s): 227, 228, 229, 230, 231, 232, 233, 407B, 409A, 409D, 409F, 409G, 410, 411, 412, 413, 414A, 414B, 414C, 414D, 415A, 415B, 415C, 415D, 416A, 416B, 416C, 418, 419, 420, 421, 422, 423, 424, 425, 427, 432, 435
VTD: 0040 CHAMBLISS 28 (Part) Tract: 9501. Block(s): 171, 172, 173, 174, 175, 176, 181, 182, 183, 196, 197 Tract: 9502. Block(s): 432 Tract: 9507. Block(s): 101, 102, 103, 119, 120, 121, 122 Tract: 9508. Block(s): 202, 203, 204, 205
District: 139
HOUSTON COUNTY VTD: 0001 RUMB (Part) Tract: 0205. Block(s): 219, 220, 221, 222, 223, 224, 225, 227A, 227B, 228, 233, 234, 235, 236, 237, 241A Tract: 0207. Block(s): 203A, 203C, 203D, 205A, 205B, 205C, 206, 207, 208A, 208B, 307A, 307B, 308A, 308C, 401, 402, 403, 404, 405, 406, 407, 408, 409, 413, 414 Tract: 0208. 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, 201, 301, 401, 402, 901A, 901B, 901C Tract: 0211.01 Block(s): 102A, 102B, 103A, 103B, 104A, 104B, 105A, 105B, 105C, 105D, 106, 107, 108A, 108B, 108C, 108D, 108E, 109, 110 VTD: 0002 MILL VTD: 0003 MSSH (Part) Tract: 0202. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119 Tract: 0203. Block(s): 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 401, 403, 411, 412, 413, 414, 415, 416, 417, 423, 424, 425, 426, 427, 428, 429 VTD: 0004 RECR (Part) Tract: 0203. Block(s): 103, 104, 105, 106, 107 Tract: 0204. Block(s): 125, 127, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214. 215, 216, 901, 902, 903, 904, 905, 906 Tract: 0205. Block(s): 108, 109, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215. 226, 229, 230, 231, 232 Tract: 0209. Block(s): 101, 102, 103, 104, 106, 107, 112, 113, 119, 120, 121 VTD: 0006 RUSS

TUESDAY, MARCH 24, 1992

2609

VTD: 0008 NSJH (Part) Tract: 0201.02 Block(s): 302B, 302C, 304, 305, 306A, 306B, 306C, 307A, 307B, 307C, 309A, 309B, 401C, 401F, 401G, 411, 412, 413, 416, 426, 427, 428
VTD: 0010 UII (Part) Tract: 0211.02 Block(s): 101A, 101B, 106E, 116A, 116B
VTD: 0013 ANNX VTD: 0017 WRJH
District: 140
MACON COUNTY CRAWFORD COUNTY
VTD: 0002 2 VTD: 001B 11B CRISP COUNTY VTD: 0001 CORDELE (Part)
Tract: 9801. Block(s): 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, 149, 157, 158, 159A, 159B, 160, 161, 162, 163A, 163B, 201, 202, 203, 204, 205A, 205B, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215A, 215B, 215C, 215D, 215E, 216A, 216B, 217, 218, 219, 220, 221, 222A, 222B, 222C, 223A, 223B, 224A, 224B, 225, 226, 227, 228, 229, 230A, 230B, 231A, 231B, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 251, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263A, 263B, 264A, 264B, 265A, 265B, 266A, 266B, 267, 268, 269, 301A, 301B, 302, 303A, 303B, 304, 305A, 305B, 306A, 306B, 306C, 307A, 307B, 308A, 308B, 308C, 308D, 309A, 309B, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323A, 323B, 324A, 324B, 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
Tract: 9802. Block(s): 101, 102, 103, 104, 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, 143A, 143B, 144A, 144B, 145, 146, 147, 148, 149, 150, 168A, 168B, 168C, 168D, 168E, 168F, 169, 170, 171, 172, 173A, 173B, 173C, 173D, 173E, 173F, 173G, 174A, 174B, 175, 176, 177, 178, 179A, 179B, 179C, 180, 181, 182A, 182B, 182C, 183, 184, 185, 186, 187, 193, 194, 195, 196A, 196B, 197A, 197B, 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, 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, 327A, 327B, 328, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412A, 412B, 412C, 413A, 413B, 414A, 414B, 415A, 415B, 416A, 416B, 417A, 417B, 418, 419, 420A, 420B, 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, 454A, 454B, 454C, 454D, 501, 502, 550, 551, 601, 602, 603, 604, 605, 606, 607, 608, 609, 610, 618, 619
Tract: 9803. Block(s): 203B, 209, 210, 211, 212, 232, 233, 234, 235, 243, 244, 245, 246, 253, 254, 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, 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
Tract: 9804. Block(s): 207, 208, 209, 210, 223, 224, 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,

2610

JOURNAL OF THE SENATE

327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 340, 341A, 341B, 419, 420A, 420B, 420C, 420D, 420E, 421, 422, 423A, 423B, 423C, 424A, 424B, 425, 426, 427, 428A, 428B, 428C, 429, 431, 432, 433, 434, 435, 436, 437, 438, 439, 440, 441 DOOLY COUNTY VTD: 0001 VIENNA 535 VTD: 0004 DRAYTON 633 (Part) Tract: 9702. Block(s): 279, 280, 281, 282, 283, 284, 293, 294, 295, 296, 297 Tract: 9703. Block(s): 335, 352, 353, 354, 355, 356, 357, 358, 362, 363, 364, 366, 381 VTD: 0005 FINDLAY 1552 VTD: 0006 BYROMVILLE 585 VTD: 0007 DOOLING 640 (Part) Tract: 9702. Block(s): 202A, 202B, 209A, 209B, 210A, 210B, 211, 212A, 212B, 213, 214, 215, 216, 217, 218, 219, 220, 221A, 221B, 222A, 222B, 223, 224, 225, 226, 227, 268, 269, 270, 271, 272, 273, 275, 277, 278 VTD: 0008 PINEHURST 1479 VTD: 0009 UNADILLA 1466 VTD: 0010 LILLY 1671 SCHLEY COUNTY VTD: 0001 SCHLEY PRECINCT (Part) Tract: 9601. Block(s): 148, 149, 150, 151, 152, 153A, 153B, 153C, 154, 181, 182, 183A, 183B, 184, 185, 193, 197, 201, 202, 203A, 203B, 204, 205, 206A, 206B, 207, 208, 242, 243, 255 Tract: 9602. Block(s): 105, 106, 107, 180 TAYLOR COUNTY VTD: 0002 2 VTD: 0007 7 (Part) Tract: 9502. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111A, 111B, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 161, 163, 164, 165, 166, 167, 168, 169, 170, 171, 185, 229A, 230A, 231, 232A
District: 141
HOUSTON COUNTY VTD: 0001 RUMB (Part) Tract: 0205. Block(s): 217, 218, 238, 239, 240A, 240B, 241B, 242, 243, 244, 245, 246 Tract: 0207. Block(s): 101A, 101B, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 201A, 201B, 202, 203B, 204A, 204B, 204C, 301, 302, 303, 304, 305, 306, 308B, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 412, 415, 416, 417, 418 Tract: 0211.01 Block(s): 101A, 101B, 114A, 114B, 115A, 115B VTD: 0003 MSSH (Part) Tract: 0201.03 Block(s): 305, 306A, 306B, 308A, 311, 312, 313A, 314, 315, 316, 317, 318, 319 Tract: 0203. Block(s): 214, 215, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 402, 404, 405, 406, 407, 408, 409, 410, 418, 419, 420, 421, 422 Tract: 0204. Block(s): 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124 VTD: 0004 RECR (Part)

TUESDAY, MARCH 24, 1992

2611

Tract: 0201.03 Block(s): 307A, 307B
Tract: 0203. Block(s): 101A, 101B, 102A, 102B, 108, 109, 110, 111, 112, 113, 114A, 114B, 115, 116, 301
Tract: 0204. Block(s): 101A, 101B, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 126
Tract: 0205. Block(s): 101A, 101B, 102, 103, 104, 105, 106, 107, 110, 111, 112, 113A, 113B, 114A, 114B, 115, 116, 117, 201, 216
Tract: 0206. Block(s): 202E, 207B, 208, 901A, 902, 903, 904, 905, 906, 907C, 909B
VTD: 0008 NSJH (Part) Tract: 0201.02 Block(s): 301A, 301B, 301C, 302A, 303A, 303B, 308
VTD: 0010 UII (Part) Tract: 0211.01 Block(s): 113B Tract: 0211.02 Block(s): 102, 103, 104, 105, 106A, 106B, 106C, 106D, 106F, 107A, 110, 112A, 114A, 115A, 115B, 117, 136, 137, 138 Tract: 0211.03 Block(s): 201, 203A, 214
VTD: 0011 10TH (Part) Tract: 0211.02 Block(s): 305 Tract: 0212. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 113
VTD: 0014 N13 (Part) Tract: 0213. Block(s): 332 Tract: 0215.01 Block(s): 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 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 Tract: 0215.02 Block(s): 267, 268
VTD: 0016 TOWN (Part) Tract: 0212. Block(s): 211A, 213A, 214, 215, 304A, 304B, 305, 306, 307, 308, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 516, 517, 518, 519, 520, 521, 522, 523, 524, 525, 526, 527, 528, 529, 530, 531, 532, 533, 534, 535, 536, 537, 601, 602, 603, 604, 605, 606, 607, 608, 609, 610, 611, 612, 613, 614, 615, 616, 617, 618, 619, 620, 621, 622, 623, 624, 625, 626, 627, 628, 629, 630, 631, 632, 701, 702, 703, 704, 705, 706, 707, 708, 709, 710, 711, 712, 713, 714, 715, 716, 717 Tract: 0213. Block(s): 107, 113A, 113B, 113C, 115A, 115B, 115C, 115D, 117C, 118, 119A, 119B, 119C, 120, 121A, 121B, 121C, 122, 123, 124, 125, 126, 127, 128, 129A, 129B, 129C, 130, 131, 132, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 301, 302A, 302B, 303, 304, 305, 306, 307, 308, 309A, 309B, 311A, 311B, 311C, 312, 313A, 313B, 313C, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 333, 335, 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, 427A, 427B, 428A, 428B, 429A, 429B, 430A

2612

JOURNAL OF THE SENATE

Tract: 0214. Block(s): 101A, 101B, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120A, 120B, 121, 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, 246, 307A, 307B, 308, 309, 310, 311, 312, 313A, 313B, 313C, 314, 315, 316, 317, 318A, 318B, 319, 320, 321, 322, 323, 324, 325, 326, 327, 402A, 403, 404, 405A, 405B, 406A, 406B, 406C, 508, 509, 510, 513
PEACH COUNTY VTD: 0010 DISTRICT 2 AND CLAUDE AND POWERSVILLE VTD: 0015 DISTRICT 3
District: 142
BLECKLEY COUNTY DODGE COUNTY LAURENS COUNTY
VTD: 0007 BURCH VTD: 0009 CADWELL VTD: 0015 LOWERY VTD: 0018 REEDY SPRINGS TELFAIR COUNTY VTD: 0001 MCRAE (Part)
Tract: 9501. Block(s): 101A, 101B, 101C, 101E, 102, 103, 104, 105A, 105B, 106A, 106B, 107, 108, 109, 110, 111, 112, 113, 114A, 114B, 115A, 115B, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126A, 126B, 127A, 127B, 128, 129, 130, 131A, 131B, 131C, 132A, 132B, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152A, 152B, 152C, 153, 154, 155, 156A, 156B, 156C, 156D, 157, 158A, 159, 219B, 228B, 229, 230A, 230B, 231, 232, 233B, 246B, 247B, 276B, 278, 279, 280, 281, 282, 283, 310B, 333B, 334B, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 351, 352B, 355B, 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, 384, 385, 386, 387, 388, 389, 390A, 390B, 391, 392, 393, 394, 395, 396, 397, 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, 441A, 441B, 442, 443, 444, 445, 446, 447, 448, 449, 450, 451, 452, 453, 454, 455, 456, 457, 458A, 458B, 459, 460, 461, 462, 463, 464, 465, 466, 467, 468, 520B, 529A, 530, 534A, 534B, 536, 537, 538, 539, 540, 541, 542, 543, 544A, 544B, 545A, 545B, 545C, 546, 550A
VTD: 0002 MILAN (Part) Tract: 9502. Block(s): 109A, 110A, 113A, 120A, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144A, 145, 146A
VTD: 0006 HELENA
District: 143
LAURENS COUNTY VTD: 0001 NATIONAL GUARD VTD: 0002 SHAMROCK VTD: 0003 CALHOUN PARK VTD: 0004 BETHSADIA VTD: 0005 BAILEY VTD: 0006 BUCKEYE VTD: 0008 BURGAMY VTD: 0010 CARTER VTD: 0011 DUDLEY

TUESDAY, MARCH 24, 1992

2613

VTD: 0012 HAMPTON MILL VTD: 0013 HARVARD VTD: 0014 JACKSON VTD: 0016 OCONEE VTD: 0017 PINETUCKY VTD: 0019 ROCKLEDGE VTD: 0020 SMITH
District: 144
EMANUEL COUNTY JOHNSON COUNTY TREUTLEN COUNTY
District: 145
JENKINS COUNTY CANDLER COUNTY BULLOCH COUNTY
VTD: 0001 STATESBORO (Part) Tract: 9903. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130B, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143B, 144B, 145, 146, 147, 148, 149, 150, 151, 152, 211, 212, 213, 214, 217, 219, 220, 221, 222, 223, 224, 225, 226, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265, 266, 267, 268, 270, 281, 282, 283, 284, 285, 295, 296, 297, 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, 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 Tract: 9904. Block(s): 303B, 308A, 308B, 309, 310, 311, 411B, 426B, 426C, 429B, 430, 431, 432, 433A, 433B, 434, 435, 436, 437, 438, 515B, 516, 521B, 522B, 523, 524B, 525B, 526B, 528, 529, 530, 531, 532, 533, 534, 535, 536, 537, 538, 603C, 608B, 610B, 611, 612, 613, 614, 615, 616, 617, 618, 619, 620, 621, 622, 623, 624 Tract: 9905. Block(s): 503B, 504B, 522B, 523, 524, 525, 526, 527, 528, 529 Tract: 9906. Block(s): 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 Tract: 9907. Block(s): 403, 405, 406
VTD: 0005 BROOKLET VTD: 0006 STILSON VTD: 0007 BAY VTD: 0008 NEVILS VTD: 0009 REGISTER VTD: 0010 EMIT VTD: 0011 SINKHOLE VTD: 0012 PORTAL
District: 146
SCREVEN COUNTY BULLOCH COUNTY

2614

JOURNAL OF THE SENATE

VTD: 0001 STATESBORO (Part) Tract: 9902. Block(s): 110, 111, 112, 113, 114, 115, 116, 127, 128, 129, 130, 131, 132, 133, 135, 136, 137A, 137B, 138A, 138B, 139A, 139B, 140, 141, 142, 143A, 143B, 144A, 144B, 145A, 145B, 146, 147, 148, 258, 259, 260, 261, 263, 264, 265, 266, 267, 268, 271, 301A, 301B, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316A, 316B, 317, 318, 319, 320A, 320B, 321, 322, 323, 324, 325, 326, 327, 328A, 328B, 329, 330, 331A, 331B, 332, 333A, 333B, 334A, 334B, 335A, 335B, 336, 337, 401A, 401B, 402, 403, 404, 405, 406, 407A, 407B, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 516, 517, 518, 519, 520, 521, 522, 523, 524, 525, 526, 527, 601, 602, 603, 604, 605, 606, 607, 608, 609, 610, 611, 612, 613, 614A, 614B, 615, 616, 617, 618, 619, 620, 621, 622, 623, 624, 625, 626, 627, 628, 629, 630, 631, 632, 633 Tract: 9903. Block(s): 130A, 143A, 144A Tract: 9904. Blocks(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 301, 302, 303A, 304, 305, 306, 307, 312, 313, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411A, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426A, 427, 428, 429A, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515A, 517, 518, 519, 520, 521A, 522A, 524A, 525A, 526A, 527, 601, 602, 603A, 603B, 604, 605, 606, 607, 608A, 609, 610A Tract: 9905. 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, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 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, 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, 501A, 501B, 502, 503A, 504A, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 516, 517, 518, 519, 520, 521, 522A Tract: 9906. Block(s): 141, 142, 143, 144, 152, 153, 154, 155, 156, 157, 201, 202A, 202B, 203, 204A, 204B, 205A, 205B, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321A, 321B, 321C, 322, 323A, 323B, 324, 509, 510A, 510B, 510C, 511, 512, 513, 514, 515, 516, 517, 520, 535, 536, 537A, 537B, 538A, 538B
VTD: 0002 LOCKHART VTD: 0003 BLITCH VTD: 0004 HAGIN
District: 147
EFFINGHAM COUNTY BRYAN COUNTY
VTD: 0001 NINETEENTH VTD: 0002 MILL CREEK VTD: 0003 RICHMOND HILL VTD: 0006 FORT STEWART (Part)
Tract: 9202. Block(s): That portion of Block 901E which lies north of Georgia State Highway 144.

TUESDAY, MARCH 24, 1992

2615

VTD: 0007 BLITCHTON
District: 148
CHATHAM COUNTY VTD: 0012 1-12 (Part) Tract: 0039. Block(s): 201A, 202A, 212, 301B, 310B, 311B, 405, 406A, 406B, 407A, 407B, 409, 410A, 410B, 411 VTD: 0013 1-13 (Part) Tract: 0102. Block(s): 101, 102, 103, 118, 119, 120, 201, 206 VTD: 0014 2-1 VTD: 0015 2-2 VTD: 0016 2-3 VTD: 0017 2-4 VTD: 0019 2-6 VTD: 0020 2-7 VTD: 0021 2-8 VTD: 0022 2-9 VTD: 0026 3-3 (Part) Tract: 0036.01 Block(s): 308, 309, 310, 311, 312, 313, 314 Tract: 0037. Block(s): 108, 109, 110, 111, 112, 113, 118, 119, 120, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216 VTD: 0027 3-4 VTD: 0028 3-5 VTD: 0030 3-7 VTD: 0034 4-1 (Part) Tract: 0036.01 Block(s): 401B, 402 VTD: 0035 4-2 VTD: 0036 4-3 (Part) Tract: 0111.01 Block(s): 507 VTD: 0043 4-10 (Part) Tract: 0038. Block(s): 204B, 307B, 312B, 313B Tract: 0039. Block(s): 201B, 202B Tract: 0101.02 Block(s): 407, 408, 409, 410
District: 149
CHATHAM COUNTY VTD: 0009 1-9 VTD: 0024 3-1 VTD: 0025 3-2 VTD: 0047 5-2 VTD: 0052 5-7 (Part) Tract: 0045. Block(s): 101A, 103, 104, 131, 401A, 401B, 413B, 414A, 414B VTD: 0053 5-8 (Part) Tract: 0105.02 Block(s): 106, 110, 111, 112, 113, 114, 115, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212 VTD: 0061 6-6

2616

JOURNAL OF THE SENATE

VTD: 0077 8-2 (Part) Tract: 0105.01 Block(s): 201, 212B, 213 Tract: 0106.01 Block(s): 620B Tract: 0106.04 Block(s): 101A, 101B, 102A, 102B, 103A, 103B, 104A, 104B, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114A, 114B, 115, 116, 117, 118, 119A, 119B, 120A, 120B, 121A, 121B, 122A, 122B, 123, 124A, 124B, 125, 126A, 126B, 127A, 127B, 127C, 128, 129B, 131B, 132, 133, 134, 135A, 135B, 136, 137, 138, 139, 140, 141, 142B, 143B, 144, 145, 146, 147B, 150, 151, 152, 153, 154, 155 Tract: 0106.05 Block(s): 169A, 170A, 171A, 172A
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 VTD: 0086 5-11
District: 150
CHATHAM COUNTY VTD: 0053 5-8 (Part) Tract: 0105.02 Block(s): 102, 103, 104, 105 VTD: 0064 6-9 VTD: 0065 7-1 VTD: 0066 7-2 VTD: 0067 7-3 VTD: 0068 7-4 VTD: 0069 7-5 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: 0077 8-2 (Part) Tract: 0106.01 Block(s): 315, 620A Tract: 0106.04 Block(s): 129A, 130, 131A Tract: 0106.05 Block(s): 101, 102B, 103, 104, 117, 118, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146C, 147, 148, 149, 150, 151B, 152B, 153, 154B, 162, 163, 164, 165, 166, 167, 168, 169B, 170B, 171B, 172B, 175 Tract: 0106.99 Block(s): 146Z
District: 151
CHATHAM COUNTY VTD: 0001 1-1

TUESDAY, MARCH 24, 1992

2617

VTD: 0002 1-2 VTD: 0003 1-3 VTD: 0005 1-5 VTD: 0006 1-6 VTD: 0018 2-5 VTD: 0029 3-6 VTD: 0031 3-8 VTD: 0033 3-10 VTD: 0046 5-1 VTD: 0049 5-4 VTD: 0050 5-5 VTD: 0051 5-6 VTD: 0052 5-7 (Part)
Tract: 0012. Block(s): 112
Tract: 0033.02 Block(s): 201, 206, 207
Tract: 0045. Block(s): 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, 132, 133, 134A, 134B, 134C, 201, 202, 203, 204, 205, 206A, 206B, 207, 208, 209, 210, 211, 212, 213, 214A, 214B, 214C, 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, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413A
VTD: 0054 5-9 VTD: 0055 5-10
District: 152
CHATHAM COUNTY VTD: 0007 1-7 VTD: 0010 1-10 VTD: 0011 1-11 VTD: 0012 1-12 (Part) Tract: 0039. Block(s): 203, 204, 205, 206, 207, 208, 209, 210, 211, 301A, 302, 303, 304, 305, 306, 307, 308, 309, 310A, 311A, 312, 313, 314, 315, 404, 408, 412A, 412B Tract: 0040.02 Block(s): 101, 102, 103, 104A, 104B, 105, 118A, 118B Tract: 0102. Block(s): 312A, 312B, 312C, 313A, 313B, 313C VTD: 0032 3-9 VTD: 0044 4-11 (Part) Tract: 0041.' Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 140, 201, 202, 203, 204, 205, 206, 207, 208, 209 Tract: 0110.03 Block(s): 103 VTD: 0045 4-12 VTD: 0057 6-2 VTD: 0059 6-4 VTD: 0060 6-5 VTD: 0062 6-7 VTD: 0063 6-8
District: 153
CHATHAM COUNTY

2618

JOURNAL OF THE SENATE

VTD: 0013 1-13 (Part) Tract: 0102. Block(s): 202, 203, 204, 205, 207, 208, 209, 210, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312D, 314, 315, 316
VTD: 0026 3-3 (Part) Tract: 0036.01 Block(s): 103, 108, 109, 115, 116, 120, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 301, 302, 303, 304, 305, 306A, 307 Tract: 0036.02 Block(s): 101A Tract: 0037. Block(s): 201A, 201B, 202, 203, 204, 205, 206 Tract: 0101.01 Block(s): 323
VTD: 0034 4-1 (Part) Tract: 0036.01 Block(s): 101, 102A, 102B, 104, 105, 106, 107, 110, 111, 112, 113, 114, 117, 118, 119, 306B, 401 A, 403, 404A, 404B, 405, 406, 407, 408, 409 Tract: 0036.02 Block(s): 101D, 312B Tract: 0101.01 Block(s): 301, 302, 303, 314A, 314B, 314C, 315, 316, 317, 318A, 318B, 319, 320, 321A, 321B, 321C, 321D, 322, 329A, 329B
VTD: 0036 4-3 (Part) Tract: 0111.01 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, 201, 202, 203, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 401, 402, 403, 404, 405, 406, 508, 509, 510, 511, 512, 513, 514
VTD: 0037 4-4 VTD: 0038 4-5 VTD: 0039 4-6 VTD: 0041 4-8 VTD: 0042 4-9 VTD: 0043 4-10 (Part)
Tract: 0101.02 Block(s): 315B, 402, 403B, 404, 411, 412, 413
Tract: 0110.02 Block(s): 103
Tract: 0110.04 Block(s): 101A, 101B, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 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
VTD: 0044 4-11 (Part) Tract: 0110.03 Block(s): 101, 102, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114
VTD: 0056 6-1
District: 154
TATTNALL COUNTY EVANS COUNTY BRYAN COUNTY
VTD: 0004 TWENTH WEST VTD: 0005 FORT MCALLISTER VTD: 0006 FORT STEWART (Part)
Tract: 9202.

TUESDAY, MARCH 24, 1992

2619

Block(s): That portion of Block 901E which lies south of Georgia State Highway 144.
LIBERTY COUNTY VTD: 0010 2-0010 (Part) Tract: 0101. Block(s): That portion of Block 901G which lies north and east of Georgia State Highway 144 and Georgia State Highway 119. VTD: 0012 2-0012
District: 155
TOOMBS COUNTY MONTGOMERY COUNTY WHEELER COUNTY
District: 156
WILCOX COUNTY BEN HILL COUNTY IRWIN COUNTY TIFT COUNTY
VTD: 0001 BRIGHTON VTD: 0002 BROOKFIELD VTD: 0008 TIFTON SOUTH (Part)
Tract: 9906. Block(s): 101B, 102B, 103B, 117B, 120B, 122, 123, 124, 125, 126, 127, 128, 129, 130B, 131B, 138B, 139B, 172, 173, 217, 222, 223, 224, 225B, 226, 227, 228, 231, 233, 234, 237, 238, 301, 304, 305, 306, 307, 309, 310, 311, 312, 315
VTD: 0009 TIFTON NORTHEAST (Part) Tract: 9904. Block(s): 105D, 106, 107, 108, 109, 122, 129, 130, 401C, 402, 403, 408B, 409, 410, 411, 413B, 414B, 415, 416, 417B, 533B Tract: 9906. Block(s): 201C, 202B, 206, 207, 208, 209B, 211, 212, 213, 214, 215, 216, 235, 236
District: 157
TURNER COUNTY LEE COUNTY
VTD: 0002 REDBONE VTD: 0003 LEESBURG (Part)
Tract: 0203. Block(s): 424, 430, 431B, 432, 433, 434B, 435, 436, 437, 439A, 439B, 440A, 440B, 440C, 441A, 441B, 441C, 442, 443, 444A, 444B, 445A, 445B, 446A, 446B, 447, 448, 449, 462, 463, 464, 465, 466, 467, 468, 469, 470, 471, 472, 475A, 475B, 476A, 476B, 477A, 478, 479, 480, 501, 502, 503, 504, 505A, 506, 507A, 508
VTD: 0004 CENTURY VTD: 0005 PALMYRA WORTH COUNTY VTD: 0001 SYLVESTER VTD: 0002 SYLVESTER PARK VTD: 0003 POULAN VTD: 0004 SUMNER VTD: 0005 SHINGLER VTD: 0006 RED ROCK (Part)
Tract: 9502. Block(s): 102, 103, 104, 105, 107, 108, 109, 110, 121, 122, 123, 124, 125, 126, 127, 128, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 252, 253, 254, 255, 256, 257, 258, 259, 301, 302, 303, 304, 305B, 306, 307B, 308B, 308C, 314B

2620

JOURNAL OF THE SENATE

VTD: 0007 DOLES (Part) Tract: 9501. Block(s): 231, 232, 233, 234, 235, 236, 237, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 265, 266, 267, 268, 269, 270, 271, 272, 273, 274, 275, 276, 277, 278, 279, 280, 281, 282, 295, 296, 297
VTD: 0008 OAKFIELD VTD: 0009 WARWICK VTD: 0010 SCOTTERVILLE VTD: 0011 MINTON VTD: 0013 GORDY (Part)
Tract: 9504. Block(s): 219, 221, 222, 223, 224
Tract: 9505. Block(s): 103B, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 123, 124, 125, 126, 127, 128, 153B, 154, 155B, 168B, 169, 233, 234B, 235, 241, 242, 243, 244, 245B, 254B, 263B, 264B, 265, 266, 267, 268, 269, 270, 271, 272, 273, 274, 275, 276, 277, 278, 279, 280, 281, 282, 283, 284, 285, 286, 287, 288, 289, 290, 291, 292, 293, 294
District: 158
STEWART COUNTY QUITMAN COUNTY RANDOLPH COUNTY CLAY COUNTY CALHOUN COUNTY BAKER COUNTY
VTD: 0001 ANNA VTD: 0003 HOGGARDS MILL VTD: 0004 MILFORD EARLY COUNTY VTD: 0002 BLAKELY (Part)
Tract: 9901.98 Block(s): 179
Tract: 9902. Block(s): 428, 429, 430, 431
Tract: 9904. Block(s): 101, 102, 103, 104, 105A, 105B, 105C, 105D, 106A, 106B, 107, 108, 109, 110, 116, 117, 118, 119, 120, 121, 122A, 122B, 123, 124, 125, 126A, 126B, 127A, 131, 132, 135, 136, 137, 169, 170, 171, 201, 213, 311B
VTD: 0005 DAMASCUS MARION COUNTY
VTD: 0005 BUENA VISTA MITCHELL COUNTY
VTD: 0010 CAMILLA NORTH (Part) Tract: 9803. Block(s): 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 220, 221, 334A, 334B, 340A, 340B, 341 Tract: 9804. Block(s): 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 426, 427, 428, 429, 430, 431A, 431B, 432, 433A, 433B, 461, 481, 482, 483
VTD: 0015 CAMILLA SOUTH (Part) Tract: 9803. Block(s): 218 Tract: 9804. Block(s): 320A, 320B, 323B, 323C, 325, 326, 327, 329, 330, 331, 334, 457B, 458B, 458C, 459A, 462, 463C Tract: 9806.

TUESDAY, MARCH 24, 1992

2621

Block(s): 301 VTD: 0040 PELHAM (Part)
Tract: 9806. Block(s): 105A, 106A, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 201A, 201B, 203, 206A, 208, 209A, 209B, 210, 211A, 211B, 212, 213, 214, 215, 216A, 2I6B, 217, 218
District: 159
WEBSTER COUNTY TERRELL COUNTY LEE COUNTY
VTD: 0001 CHOREE VTD: 0003 LEESBURG (Part)
Tract: 0202. Block(s): 160, 162, 163, 192, 194, 195, 196
Tract: 0203. Block(s): 202, 203, 204, 205, 211, 402, 403, 404, 405, 413, 414, 416, 417, 418, 419, 420, 421A, 421B, 422, 423, 425, 426, 427, 428, 429, 431A, 434A, 450, 451, 452, 453, 454, 455, 456, 457, 458, 459, 460, 461, 473, 474, 485A, 485B, 486, 487, 490, 491, 493, 494, 495, 496, 497, 514, 516, 517, 518, 519, 520, 521, 522, 523, 524, 528, 529, 530, 531, 532, 533, 534, 535, 536, 537, 548, 549
VTD: 0006 SMITHSVILLE SUMTER COUNTY
VTD: 0005 LESLIE 15 VTD: 0010 SUMTER CITY NEW 16 VTD: 0015 HUNTINGTON OLD 16 VTD: 0020 THOMPSON 17 VTD: 0030 PLAINS OLD 26 VTD: 0035 AMERICUS 27 (Part)
Tract: 9502. Block(s): 115A, 115B, 115C, 115D, 116A, 116B, 117A, 117B, 118A, 118B, 118C, 119A, 119B, 120A, 120B, 121A, 121B, 122A, 122B, 123A, 123B, 124A, 124B, 125, 126, 141B, 143A, 143B, 144A, 144B, 145, 146A, 146B, 146C, 146D, 147A, 147B, 148A, I486, 148C, 149B, 156, 157, 158A, 158B, 159A, 159B, 201A, 201B, 201C, 202A, 202B, 203A, 203B, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 301D, 303A, 303B, 304, 305, 306, 310
Tract: 9503. Block(s): 133, 134, 135A, 135B, 135C, 135D, 136, 137A, 137B, 138, 139A, 139B, 140A, 140B, 141, 142A, 142B, 143, 144, 215A, 215B, 215C, 220, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 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, 510, 511, 512, 513, 514A, 514B, 515, 516, 517, 518, 519A, 519B, 520A, 520B, 520C, 521A, 521B, 521C, 522, 523, 524, 525, 526, 527, 528, 529, 530, 531, 532, 533, 534, 535A, 535B, 536, 537, 538, 539, 540, 541, 542, 543, 544, 545, 546
Tract: 9504. Block(8): 319, 320
Tract: 9505. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114A, 116, 117, 119, 201, 202, 203, 204A, 204B, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215A, 215B, 216A, 216B, 216C, 216D, 217A, 217B, 217C, 218, 219, 230, 231, 232A, 232B, 236, 237, 238, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 326B, 327, 328, 329, 331, 332, 333, 334

2622

JOURNAL OF THE SENATE

Tract: 9506. Block(s): 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 127, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 317
Tract: 9507. Block(s): 205, 206A, 206B, 206C, 207A, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317
District: 160
MILLER COUNTY SEMINOLE COUNTY DECATUR COUNTY
VTD: 0002 BAINBRIDGE (Part) Tract: 9701. Block(s): 179, 180, 181, 182, 183, 186, 187, 188, 189, 190, 191, 192, 193 Tract: 9703. Block(s): 267B, 284B, 285, 286, 383B, 384, 385, 386, 436 Tract: 9704. Block(s): 103, 104A, 104B, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124A, 124B, 125, 126A, 126B, 127, 128, 201, 202A, 202B, 203, 204, 205A, 205B, 206, 207, 208, 209, 210, 243 Tract: 9705. Block(s): 214, 215, 216, 217, 218, 233, 234 Tract: 9706. Block(s): 101, 102, 113, 114, 115, 116, 117, 118, 119, 120, 121, 130, 131, 132, 133, 134, 201, 202, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 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, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 401, 402A, 402B, 403A, 403B, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 419C, 422C Tract: 9707. Block(s): 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 195, 196, 197
VTD: 0003 WEST BAINBRIDGE (Part) Tract: 9702. Block(s): 237, 238, 239, 240, 257 Tract: 9703. Block(s): 131, 144B, 145, 146B, 147B, 148, 149, 150, 151, 152, 153, 154, 155, 156, 158B, 159, 160, 161, 162, 163, 201B, 202C, 203, 204B, 260B, 261, 262, 263, 264, 265, 266, 267C, 270B, 278B, 287, 288
VTD: 0006 BRINSON VTD: 0008 FACEVILLE VTD: 0010 KENDRICK VTD: 0013 RECOVERY EARLY COUNTY VTD: 0001 ARLINGTON VTD: 0002 BLAKELY (Part)
Tract: 9901.98 Block(s): 157, 158, 159, 160, 161, 162, 163, 172, 173, 175, 176, 177, 178
Tract: 9902. Block(s): 147A, 147B, 169, 170, 171, 172, 173, 174, 175, 176A, 176B, 177, 178, 218A, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 330A, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 401A, 401B, 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, 432, 433, 434

TUESDAY, MARCH 24, 1992

2623

Tract: 9903. Block(s): 101, 102, 103, 104, 105, 106, 107A, 126A, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142A, 143A, 145, 155, 156, 157, 158, 159, 201, 202, 203, 204A, 204B, 205, 206, 207, 208, 209, 210, 211, 212A, 212B, 213, 214, 215, 217, 218, 219, 220, 221, 222, 223, 224, 225, 252, 253, 254
Tract: 9904. Block(s): 111, 112, 113, 114, 115, 127B, 146A, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 214, 215, 216A, 217, 301, 302, 303, 304, 305A, 306, 307, 308, 309, 310, 311A, 312A, 313, 314
VTD: 0003 CEDAR SPRINGS VTD: 0004 CUBA VTD: 0006 HILTON VTD: 0007 JAKIN VTD: 0008 COLOMOKEE VTD: 0009 URQUHART VTD: 0010 FREEMAN VTD: 0011 LUCILLE
District: 161
BAKER COUNTY VTD: 0002 ELMODEL VTD: 0005 NEWTON
DOUGHERTY COUNTY VTD: 0007 BROAD AVENUE SCHOOL VTD: 0008 ALBANY JR COLLEGE (Part) Tract: 0009. Block(s): 310, 311 Tract: 0010. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 216, 217 VTD: 0009 WESTTOWN LIBRARY VTD: 0010 RIVERVIEW ACADAMY VTD: 0011 M L KING JR. HIGH SCHOOL VTD: 0012 MONROE HIGH SCHOOL VTD: 0014 CARVER TEEN CENTER (Part) Tract: 0012. Block(s): 218, 219, 220 Tract: 0015. Block(s): 114, 115, 116, 117, 301, 302, 303, 304, 305, 307, 308, 309, 311, 312, 316, 319, 322, 323, 324, 325, 326, 327 VTD: 0016 HIGHLAND AVENUE SCHOOL VTD: 0017 AVALON METHODIST CHURCH VTD: 0018 ALBANY JR. HIGH SCHOOL VTD: 0022 RAD SPRINGS JR HIGH SCH VTD: 0023 PUTNEY YOUTH CENTER (Part) Tract: 0109. Block(s): 208, 215, 216, 217, 218, 219, 220, 224, 225, 226, 227, 228, 229 Tract: 0110. Block(s): 105, 106, 107, 108, 109, 110, 111, 112, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 208, 209, 211, 212, 213, 214, 215, 216, 217, 227, 228, 230, 231, 232, 233, 234, 235, 236
District: 162
DOUGHERTY COUNTY VTD: 0013 FLINTSIDE ELEMENTARY SCH VTD: 0014 CARVER TEEN CENTER (Part)

2624

JOURNAL OF THE SENATE

Tract: 0014.02 Block(s): 103, 104, 105, 106, 111, 112, 113, 218, 219
Tract: 0015. Block(s): 119, 120, 121, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 306, 313, 314, 315, 320, 321
VTD: 0015 CARVER JR HIGH GYM VTD: 0019 TURNER ELEMENTARY SCHOOL VTD: 0020 JACKSON HEIGHTS ELEM SCH VTD: 0021 BILL MILLER GYM AND ALBANY STATE COLLEGE VTD: 0023 PUTNEY YOUTH CENTER (Part)
Tract: 0110. Block(s): 101, 102, 103, 104, 113, 114, 201, 202, 203, 204, 205, 206, 207, 210, 218, 219, 220, 221, 222, 223, 224, 225, 226, 229, 237, 238, 239, 240
Tract: 0111. Block(s): 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150
VTD: 0024 MOCK ROAD ELEMENTARY SCH VTD: 0025 DOUGHERTY JR HIGH SCHOOL VTD: 0027 SYLVANDALE ELEMENTARY SCH
District: 163
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 (Part) Tract: 0010. Block(s): 214, 215 Tract: 0104.01 Block(s): 208B, 210, 211, 212 Tract: 0104.02 Block(s): 101, 102A, 102B, 103A, 104, 105, 106, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122 VTD: 0026 BRANCH ROAD PRECINCT VTD: 0028 SCOTTISH RITE TEMPLE
WORTH COUNTY VTD: 0006 RED ROCK (Part) Tract: 9502. Block(s): 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251 VTD: 0007 DOLES (Part) Tract: 9501. Block(s): 283, 284, 287, 288, 289, 290, 291, 292, 293, 294 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:164
COLQUITT COUNTY VTD: 0001 BRIDGE CREEK VTD: 0003 DOERUN

TUESDAY, MARCH 24, 1992

2625

VXD: 0004 FUNSTON VTD: 0005 HAMILTON VTD: 0006 HARTSFIELD VTD: 0008 MILL CREEK VTD: 0009 MONK (Part)
Tract: 9703. Block(s): 222, 223, 224, 225A, 225B, 226A, 226B
VTD: 0010 MOULTRIE (Part) Tract: 9703. Block(s): 433, 523, 524, 525 Tract: 9708. Block(s): 103, 104, 105, 106, 107, 108A, 108B, 109, 110, 111, 112, 115, 116, 117, 118, 119, 120, 121, 122, 123, 134, 135, 136, 137, 138, 139, 140, 141, 142, 147, 148, 301C Tract: 9709. Block(s): 129A, 131, 134, 135, 136, 301A, 325B
VTD: 0011 MURPHY VTD: 0014 THIGPEN VTD: 0018 SHAW (Part)
Tract: 9703. Block(s): 201, 202, 203A, 203B, 204, 205, 206, 207, 208A, 208B, 209, 210, 211, 212A, 212B, 212C, 213A, 213B, 214, 217, 218, 219, 220, 221, 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, 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, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 516, 517, 518, 519, 520, 521, 522, 601, 602, 603, 604, 605, 606, 607, 608, 609, 610, 611, 612, 613, 614, 615, 618
VTD: 0019 AUTREYVILLE DECATUR COUNTY
VTD: 0002 BAINBRIDGE (Part) Tract: 9701. Block(s): 177 Tract: 9704. Block(s): 101, 102
VTD: 0003 WEST BAINBRIDGE (Part) Tract: 9702. Block(s): 190, 192, 193, 194, 195 Tract: 9703. Block(s): 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, 132, 133, 134, 135, 136, 137, 138, 139, 140
VTD: 0004 BELCHER VTD: 0007 CLIMAX VTD: 0011 PARKER (Part)
Tract: 9701. Block(s): 101, 102, 103, 104, 105, 106, 122, 123, 124, 125, 126, 127, 128, 129, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 178, 194, 195
Tract: 9705. Block(s): 101, 102, 103
VTD: 0012 PINE HILL MITCHELL COUNTY
VTD: 0005 BACONTON VTD: 0010 CAMILLA NORTH (Part)
Tract: 9803. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114A,

2626

JOURNAL OF THE SENATE

114B, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124A, 124B, 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, 169, 170, 212, 213, 214, 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, 335, 336, 337A, 337B, 338, 339A, 339B, 342, 343, 344, 345, 346, 347, 348, 349, 350, 351, 352 VTD: 0015 CAMILLA SOUTH (Part) Tract: 9803. Block(s): 165, 166, 167, 168, 171, 215, 216, 217, 219 Tract: 9804. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122A, 122B, 123A, 123B, 124, 125, 126, 127A, 127B, 128, 129, 130, 131, 132, 133, 134A, 134B, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148A, 148B, 148C, 148D, 148E, 149, 150, 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, 246A, 246B, 247A, 247B, 248, 249, 301, 302, 303, 304, 305A, 305B, 306, 307A, 307B, 307C, 307D, 308, 309A, 309B, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 321, 322, 323A, 324, 328, 332, 333, 335, 434, 435, 436, 437, 438, 439, 440, 441, 442, 443, 444, 445, 446, 447, 448, 449, 450, 451, 452, 453, 454, 455, 456, 457A, 458A, 463A, 463B, 464A, 464B, 465, 466, 467, 468, 469A, 469B, 470, 471, 472, 473, 474, 475 Tract: 9806. Block(s): 101, 102, 103, 104 Tract: 9807. Block(s): 119, 120 VTD: 0020 COTTON AND HINSONTON VTD: 0025 FAIRCLOTH VTD: 0030 PARKER VTD: 0035 PEBBLE CITY VTD: 0040 PELHAM (Part) Tract: 9806. Block(s): 105B, 106B, 121, 122, 123, 124, 125, 126, 127, 143, 144, 145, 146, 147, 148, 149, 202, 204, 205, 206B, 207, 302, 313, 314, 315, 316, 317A, 317B, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335A, 335B, 336A, 336B, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 351, 352, 355, 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, 444A, 444B, 445, 446, 447, 448, 449A, 449B, 450, 451, 452, 453, 454, 455 Tract: 9807. Block(s): 127, 128, 129, 150B, 153A, 153B, 154A, 154B, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179A, 179B, 180, 181A, 181B, 182, 183, 184, 185, 186, 209, 210, 211, 212A, 212B, 213, 214A, 214B, 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, 246, 247, 248, 249A, 249B, 250A, 250B, 251A, 251B, 251C, 252, 253, 264, 265, 266, 267, 270, 272A, 272B, 273, 274, 275, 276, 277 VTD: 0045 RAIFORD VTD: 0050 SALE CITY
District: 165
COLQUITT COUNTY VTD: 0002 CROSLAND VTD: 0009 MONK (Part) Tract: 9701.

TUESDAY, MARCH 24, 1992

2627

Block(s): 213, 214, 215, 216, 217, 218, 219, 220, 288, 289, 290 Tract: 9702.
Block(s): 101, 102, 103, 104, 105, 106, 107, 158C, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 176, 177, 178, 289, 290, 291, 292
Tract: 9703. Block(s): 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 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
VTD: 0010 MOULTRIE (Part) Tract: 9703. Block(s): 215A, 215B, 216, 616, 617 Tract: 9704. Block(s): 108A, 108B, 109A, 110A, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 139, 140, 141, 142, 143, 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, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265 Tract: 9707. Block(s): 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 117, 118, 119, 120, 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, 246, 248, 253, 254, 255, 256, 257, 258, 304, 305, 306, 307, 308, 309, 310, 311, 312, 318 Tract: 9708. Block(s): 101, 102, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 201, 202
VTD: 0012 NORMAN PARK (Part) Tract: 9701. Block(s): 150, 151A, 151B, 152A, 152B, 153A, 153B, 170, 171A, 171B, 172, 174, 178, 179, 180, 181, 182, 183, 184, 206, 207, 208, 209, 210, 211, 212, 221, 222, 223, 224, 225, 226A, 226B, 227, 228A, 228B, 229A, 229B, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248A, 248B, 249, 250, 251, 252, 257, 258A, 258B, 259, 260A, 260B, 261, 262, 263, 264, 265, 266, 267, 268, 269, 270, 271, 272, 273, 274, 275, 276A, 276B, 277A, 277B, 278, 279, 280, 282, 283, 284, 285, 286, 287, 291, 292 Tract: 9704. Block(s): 108C, 109B, 109C, HOB
VTD: 0015 TY TY VTD: 0016 WARRIOR TIFT COUNTY VTD: 0003 CHULA VTD: 0004 DOCIA VTD: 0005 ELDORADO VTD: 0006 OMEGA VTD: 0007 TY TY VTD: 0008 TIFTON SOUTH (Part)
Tract: 9906. Block(s): 101A, 102A, 103A, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117A, 118, 119, 120A, 121, 130A, 131A, 132, 133, 134, 135, 136, 137, 138A, 139A, 140A, 140B, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156A, 156B, 157, 158, 159, 160, 161, 162, 163, 164A, 164B, 165A, 165B, 166A, 166B, 167A, 167B, 168, 169, 170, 171A, 171B, 218A, 218B, 219, 220A, 220B, 221A, 221B, 225A, 225C, 225D, 229, 230A, 230B, 232A, 232B, 302, 303, 308, 313, 314, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 401A, 401B, 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
Tract: 9907.

2628

JOURNAL OF THE SENATE

Block(s): 103A, 108A, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126A, 126B, 127, 128, 129, 130, 131, 132, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 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, 431, 432, 433, 435A, 435B, 436, 437, 438, 439, 440A, 440B, 441, 442, 443, 444, 445, 446, 447, 448A, 448B, 449A, 449B, 450, 451, 452, 453, 454, 455, 456, 457, 458, 459, 460, 461, 462, 463, 464, 465, 466, 469, 470, 471, 472, 473, 474, 475, 476, 477, 478
Tract: 9909. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229
VTD: 0009 TIFTON NORTHEAST (Part) Tract: 9903. Block(s): 103A, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 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, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 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, 601, 602, 603, 604, 605, 606, 607, 608, 609, 610, 611, 612, 613, 614, 615, 616, 617, 618, 619, 620, 621, 622, 623, 624, 625, 626, 627, 628, 629, 630, 631, 632, 633, 634, 635 Tract: 9904. Block(s): 105A, 105B, 105C, 110A, HOB, 111A, 111B, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121A, 121B, 123, 124, 125, 126, 127, 128, 201A, 201B, 201C, 201D, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 301A, 301B, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 401A, 401B, 404, 405, 406, 407, 408A, 412, 413A, 414A, 417A, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 516, 517, 518, 519, 520, 521, 522, 523, 524, 525, 526, 527, 528, 529, 530, 531, 532, 533A, 534, 535, 536, 537, 538, 601, 602, 603, 604, 605, 606, 607, 608, 609, 610, 611, 612, 613, 614, 615, 616, 617, 618, 619, 620, 621, 622, 623, 624, 625, 626, 627, 628 Tract: 9906. Block(s): 201A, 201B, 202A, 203, 204, 205, 209A, 210 Tract: 9907. VTD: 0010 TIFTON NORTHWEST
District: 166
BERRIEN COUNTY COLQUITT COUNTY
VTD: 0007 LEE VTD: 0010 MOULTRIE (Part)
Tract: 9704.
Block(s): 107A, 136A, 138A, 201A, 203A, 235A, 236A, 237A, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 335A, 337, 340, 341, 342
Tract: 9706. Block(s): 102A, 104A, 104B, 105A, 106A, 108A, 108C, 116A, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126A, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139A, 139B, 301, 302A, 302B, 304, 305, 306A, 307A, 308A, 314A, 315A, 316, 317, 318, 322A
Tract: 9707. Block(s): 101, 102, 103, 104, 105, 116, 121A, 121B, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131A, 131B, 132, 133, 134, 135, 136, 137, 138, 139, 247, 249, 250, 251, 252, 301, 302, 303, 313, 314, 315, 316, 317, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342,

TUESDAY, MARCH 24, 1992

2629

343, 401, 402A, 402B, 403A, 403B, 404A, 404B, 405, 406A, 406B, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419A, 419B, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 501A, 502, 503, 505, 506, 509A, 510A, 511A, 512A, 513A, 513B, 513C, 514, 515, 516A, 517A, 518A, 519, 520A, 521A, 522A, 537, 538A, 601, 602, 603, 604, 605, 606, 607, 608, 609, 610, 611, 612, 613, 614, 615, 616, 617, 618, 619, 620, 621, 622A, 622B, 623A, 623B, 624, 625A, 626A, 627, 628, 629, 630 Tract: 9708. Block(s): 113, 114, 143, 144, 145, 146, 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, 301A, 301B, 301D, 301E, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418 VTD: 0012 NORMAN PARK (Part) Tract: 9701. Block(s): 253, 254, 255, 256, 281 Tract: 9703. Block(s): 101, 102, 103, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133. 134, 135 Tract: 9704. Block(s): 101, 102, 103, 104, 105, 106, 107B, 108D, 128, 129, 130, 131, 132, 133, 134. 135, 136B, 137, 138B, 201C, 202, 203B, 235B, 236B, 237C, 303, 304, 305, 306, 307, 308, 318 VTD: 0013 ROBINSON VTD: 0017 HOPEWELL COOK COUNTY VTD: 0001 ADEL WEST (Part) Tract: 9802. Block(s): 334, 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, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515 Tract: 9804. Block(s): 101, 119, 120 VTD: 0003 PINE VALLEY (Part) Tract: 9804. Block(s): 121, 144 VTD: 0004 LENOX VTD: 0005 MASSEE VTD: 0006 RIVER BEND VTD: 0007 SPARKS VTD: 0008 ADEL EAST
District: 167
COFFEE COUNTY ATKINSON COUNTY
District: 168
WARE COUNTY
District: 169
BACON COUNTY PIERCE COUNTY BRANTLEY COUNTY CAMDEN COUNTY
VTD: 0001 ST. MARYS (Part) Tract: 0106.

2630

JOURNAL OF THE SENATE

Block(s): 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314 VTD: 0003 TARBORO VTD: 0004 WAVERLY VTD: 0005 WOODBINE (Part)
Tract: 0102. Block(s): 218B, 219, 220, 221, 222C, 223, 224, 225, 226, 227, 228, 229, 230, 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, 337, 338, 339, 340, 341, 342, 345, 346, 347, 348, 349, 350, 351, 352, 353, 363B, 368, 369B, 370, 371, 372, 373, 374, 375, 376, 379, 380, 381, 382, 383, 384, 385, 386, 387, 388, 389, 390, 391, 392, 397
District: 170
JEFF DA VIS COUNTY APPLING COUNTY TELFAIR COUNTY
VTD: 0001 MCRAE (Part) Tract: 9501. Block(s): 158B, 160, 161, 531, 532, 533, 534C, 535, 547, 548, 549, 550B, 551, 552, 558, 559, 560, 561, 562, 563, 564, 565, 566, 567, 568, 569, 635, 636, 637, 638, 639, 640, 641, 642, 643, 644, 645, 646, 647, 652, 668 Tract: 9502. Block(s): 164, 165, 166, 167, 168, 169, 170, 171
VTD: 0002 MILAN (Part) Tract: 9502. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109B, HOB, 111, 112, 113B, 114, 115, 116, 117, 118, 119, 120B, 121, 144B, 146B, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 172, 173, 174, 175, 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, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265, 266, 267, 268, 269, 270, 271, 272, 273, 274, 275, 276, 277, 278, 279, 280, 281, 282, 283, 284, 285, 286, 287, 288, 289, 290, 291, 292, 293, 294, 295, 296, 297
VTD: 0003 LUMBER CITY VTD: 0004 JACKSONVILLE VTD: 0005 SCOTLAND WAYNE COUNTY VTD: 0002 MADRAY SPRINGS VTD: 0003 OGLETHORPE VTD: 0005 RITCH
District: 171
LONG COUNTY GLYNN COUNTY
VTD: 0001 STERLING 1163/1166 LIBERTY COUNTY
VTD: 0009 2-0009 VTD: 0010 2-0010 (Part)
Tract: 0101. Block(s): That portion of Block 901G which lies south and west of Georgia State Highway 144 and Georgia State Highway 119
WAYNE COUNTY VTD: 0001 ODUM VTD: 0004 SCREVEN VTD: 0006 EMPIRE VTD: 0007 RED HILL

TUESDAY, MARCH 24, 1992

2631

VTD: 0008 EAST JESUP VTD: 0009 GARDI VTD: 0010 MT. PLEASANT VTD: 0011 ALTAHAMA VTD: 0012 VFW VTD: 0013 COURTHOUSE VTD: 0014 NATIONAL GUARD ARMORY VTD: 0015 RECREATION CENTER
District: 172
LIBERTY COUNTY VTD: 0002 HINESVILLE VTD: 0003 DORCHESTER (Part) Tract: 0105. Block(s): 209B, 209C, 209D, 243A, 243B, 244, 245, 246, 247, 248A, 248B, 249, 250, 251, 252, 273A, 301, 302, 303, 304, 305, 324A, 324B, 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, 362, 363, 365, 379, 380, 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 VTD: 0004 WALTHOURVILLE AND FLEMING WEST (Part) Tract: 0102. Block(s): 401A, 501, 502, 506, 507, 508B, 509, 510B, 511B, 601, 602, 603A, 625A, 626A, 705B, 706B, 707, 708B, 709, 710A, 710B, 717B Tract: 0104. Block(s): 125A, 128A, 129A, 130, 131, 132, 133, 219A, 220A, 221, 222, 223, 224, 225, 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, 330B, 331, 332, 333, 334, 335B, 335C, 345B, 372, 373, 374, 375, 376, 377, 383A, 384A, 387B, 390A, 391A, 394, 395, 396, 397 VTD: 0006 FLEMING EAST VTD: 0007 GUM BRANCH VTD: 0011 2-0011
District: 173
MCINTOSH COUNTY GLYNN COUNTY
VTD: 0002 GLYNCO 1263 (Part) Tract: 0004. Block(s): 201, 202, 203, 204, 205, 210, 211, 228A, 228B, 229, 230, 231, 232, 233, 234, 235, 237, 238, 239, 240, 241, 242, 243, 270, 271, 272, 273, 274, 275, 276, 277, 278, 280, 281, 282, 283, 284, 285, 382, 383, 384, 385, 386, 387, 388, 389, 390 Tract: 0006. Block(s): 201, 204, 205, 206, 501
VTD: 0003 FANCY BLUFF 1366 (Part) Tract: 0010 Block(s): 271, 272, 273, 274, 284, 285, 286, 287, 288, 289, 348, 354, 355, 356, 357, 358, 359, 360, 361, 362, 363, 373, 374, 375, 376, 385, 386, 387, 393, 394, 447, 448, 449, 450, 451, 452, 453, 454, 455, 461, 462, 586, 587, 589
VTD: 0008 BEVERLY SHORES RECREATION 3153/3163 (Part) Tract: 0005. Block(s): 112B, 113C, 118C, 118D, 119C, 120B, 122B, 123, 124, 125B, 601, 602,

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603, 604, 605, 606, 607, 608, 609, 610, 611, 612, 613, 614, 615, 706, 808, 809, 810, 811, 812, 813, 814, 815, 816 Tract: 0007. Block(s): 101, 102, 103, 104, 105A, 126, 127, 128 VTD: 0011 BWK. ARMORY 4153 (Part) Tract: 0007. Block(s): 301, 302A, 303A, 304A, 305, 306, 307, 308A, 308B, 309, 310A, 310B, 311A, 311B, 311C, 313, 319, 320, 321, 322, 323, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 401, 402, 403, 404, 405, 406, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 440, 441, 442, 443, 444, 509, 510, 527A, 528A, 529A, 722, 723, 724, 725, 726, 727, 728, 729, 735, 736, 737, 738, 739, 740, 741, 752 Tract: 0008. Block(s): 122, 123, 124, 131, 132, 135, 136, 137, 301, 302, 303, 406, 407, 520 VTD: 0012 JANE MACON 4253 (Part) Tract: 0005. Block(s): 101, 102, 103, 104, 105A, 105B, 106A, 106B, 107A, 107B, 108, 109, 110, 111, 112A, 113A, 113B, 118A, 118B, 119A, 119B, 120A, 121, 122A, 125A, 126, 127, 128, 227, 228, 229, 230, 231, 232, 235, 236, 301, 302, 303, 304, 305, 306, 307, 308, 309, 317, 511, 512, 817, 818 Tract: 0007. Block(s): 119B, 120, 121, 122, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210A, 210B, 211, 212, 302B, 303B, 304B, 501, 502, 503, 504, 505, 506, 507, 508, 511, 512, 513, 514, 515, 516, 517, 518, 519, 520, 521, 522, 523, 524, 525, 526, 527B, 528B, 529B VTD: 0013 CITY RECREATION 5153 (Part) Tract: 0008. Block(s): 243, 244, 245, 246, 247, 248, 249, 250, 251, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 516, 526, 527A, 528, 529, 530, 531, 535, 536, 537, 538, 539, 540, 541, 542, 543, 544, 545 Tract: 0009. Block(s): 308, 309, 310, 311, 312, 313, 314, 316, 521, 522, 523, 524, 525, 526, 527, 528, 529, 530, 538, 539, 540, 541, 542, 543, 544, 545, 546, 547, 548, 549, 553, 554, 601, 602, 603, 604, 605, 606, 607, 608, 609, 610, 629, 630, 631, 632, 633, 634, 635, 636, 637, 638, 658, 659, 660, 661, 662, 663, 664 VTD: 0014 ADULT EDUCATION 5253 (Part) Tract: 0005. Block(s): 310, 311, 312, 313, 314, 315, 316, 318, 319, 320, 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 Tract: 0007. Block(s): 801, 802, 803, 804, 805, 806, 807, 815, 816, 817, 818, 819, 820, 821, 822 Tract: 0008. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 125, 126, 127, 128, 129, 130, 138, 139, 140, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 240, 241, 242, 401, 402, 403, 404, 405, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 517, 518, 519, 524, 525, 527B LIBERTY COUNTY VTD: 0001 RICEBORO VTD: 0003 DORCHESTER (Part) Tract: 0105. Block(s): 138A, 140, 150A, 152, 209A, 209B, 209C, 210, 253, 254, 255, 256, 257, 258A, 258B, 259, 260, 261, 262, 263A, 263B, 264A, 264B, 265, 266, 267, 268A, 269, 273A, 360, 361, 364, 366, 367, 368, 369, 370, 371, 372, 373, 374, 375, 376, 377 VTD: 0004 WALTHOURVILLE AND FLEMING WEST (Part)

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2633

Tract: 0102. Block(s): 401C, 401D, 402, 403, 404A, 404B, 404C, 405A, 405B, 406A, 406B, 406C, 407A, 407B, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 508A, 510A, 511 A, 512, 513, 514, 515, 516, 603B, 603C, 603D, 604A, 604B, 605, 606, 607, 608, 609, 610, 611, 612, 613, 614, 615, 616, 617, 618, 619, 620, 621, 622, 623A, 623B, 624, 625B, 625C, 626B, 627, 628A, 628B, 629, 630, 631, 632A, 632B, 633, 634, 635, 636, 637, 638A, 638B, 639A, 639B, 639C, 639D, 640, 641, 642, 643, 644, 645, 646, 647, 648, 649, 650, 651, 652, 653, 654, 655, 711, 712C, 712D, 724, 725
Tract: 0104. Block(s): 201D, 203, 220C, 345C, 348D, 351B, 353B, 354, 355, 356, 357D, 358B, 359B, 360, 361, 362, 363, 364, 365, 366, 367, 368, 369, 370, 371, 378, 379, 380, 381, 382, 383C, 384B, 385, 386, 387C, 387D, 388A, 388B, 389, 390B, 391B, 392, 393
VTD: 0008 MCINTOSH
District: 174
GLYNN COUNTY VTD: 0002 GLYNCO 1263 (Part) Tract: 0004. 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, 206, 207, 208, 209, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 244, 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, 279, 286, 287, 288, 289, 290, 291, 292, 603, 604, 605, 606, 607, 608, 609, 610, 611, 612, 613, 614, 615, 616, 617, 618, 619, 620 Tract: 0005. Block(s): 901, 902, 903, 904, 905, 906, 907, 908 VTD: 0003 FANCY BLUFF 1366 (Part) Tract: 0010. Block(s): 234B, 243, 244, 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, 270, 275, 276, 277, 278, 279, 280, 281, 282, 283, 290, 291, 292, 293, 294, 295, 296, 297, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 349, 350, 351, 352, 353, 364, 365, 366, 367, 368, 369, 370, 371, 372, 377, 378, 379, 380, 381, 382, 383, 384, 388, 389, 390, 391, 392, 395, 396, 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, 456, 457, 458, 459, 460, 463, 464, 465, 466, 467, 468, 469, 470, 471, 472, 473, 474, 475, 476, 477, 478, 479, 480, 481, 482, 483, 585, 588 VTD: 0004 SSI CASION 2166 VTD: 0005 SSI AIR NATIONAL GUARD 2266 VTD: 0006 SSI FIRE STATION 2366 VTD: 0007 JEKYLL 2466 VTD: 0008 BEVERLY SHORES RECREATION 3153/3163 (Part) Tract: 0004. Block(s): 621, 622, 624 Tract: 0005. Block(s): 1KB, 114C, 115, 116C, 116D, 117, 501, 502, 503, 504, 505, 506, 507, 508B, 509, 517, 518B, 519B, 527A, 527C, 528A, 528C, 701, 702, 703, 704, 705, 707, 801, 802, 803, 804, 805, 806, 807, 819, 820, 909, 910, 911, 912, 913, 914, 915, 916, 917, 918, 919, 920, 921, 922, 923, 924, 925, 926, 927, 928, 929A, 929B, 929D, 930C, 930D Tract: 0007. Block(s): HOD, 111, 112B, 112C VTD: 0009 BALLARD RECREATION 3253 VTD: 0010 GLYNDALE COMMUNITY BLDG. 3353/3363 VTD: 0011 BWK. ARMORY 4153 (Part)

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Tract: 0007. Block(s): 312, 314A, 314B, 315A, 315B, 316, 317, 318, 324, 325, 326, 327, 328, 329, 330, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 427, 428, 429, 430, 431, 432, 433, 434, 435, 436, 437, 438, 439, 601, 602, 603, 604, 605, 606, 607, 608, 609, 610, 611, 612, 613, 614, 615, 616, 617, 618, 619, 620, 621A, 621B, 622, 623, 624, 625, 626, 627, 628, 629, 630, 631, 632, 633, 634, 635, 636, 637, 638, 639, 640, 641, 642, 643, 644, 645, 646, 647, 648, 649, 650, 651, 652, 653, 654, 655, 656, 657, 658, 659, 660, 661, 701, 702, 703, 704, 705, 706, 707, 708, 709, 710, 711, 712, 713, 714, 715, 716, 717, 718, 719, 720, 721, 730, 731, 732, 733, 734, 742, 743, 744, 745, 746, 747, 748, 749, 750, 751, 753, 754, 755A, 755B, 756A, 756B, 757, 758, 759, 808, 809, 810, 811, 812, 813, 814, 823, 824, 825, 826
Tract: 0008. Block(s): 116, 117, 118, 119, 120, 121, 133, 134, 521
VTD: 0012 JANE MACON 4253 (Part) Tract: 0005. Block(s): 114A, 116A, 116B, 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, 233, 234, 508A, 510, 513, 514, 515, 516, 518A, 519A, 520, 521, 522, 523, 524, 525, 526, 527B, 528B, 529, 530, 929C, 930A, 930B, 931, 932, 933, 934, 935, 936, 937, 938, 939, 940, 941, 942, 943, 944, 945, 946 Tract: 0007. Block(s): 110A, HOB, HOC, 112A, 114, 115, 116, 117, 118, 119A, 123, 124, 125 Tract: 0008. Block(s): 216
VTD: 0013 CITY RECREATION 5153 (Part) Tract: 0004. Block(s): 623, 625 Tract: 0008. Block(s): 239A, 532, 533, 534, 546, 547, 548, 549 Tract: 0009. 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, 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, 301, 302, 303, 304, 305, 306, 307, 315, 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, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 516, 517, 518, 519, 520, 531, 532, 533, 534, 535, 536, 537, 550, 551, 552, 555, 556, 557, 558, 559, 560, 561, 562, 563, 564, 565, 611, 612, 613, 614, 615, 616, 617, 618, 619, 620, 621, 622, 623, 624, 625, 626, 627, 628, 639, 640, 641, 642, 643, 644, 645, 646, 647, 648, 649, 650, 651, 652, 653, 654, 655, 656, 657, 665, 666, 667, 668, 669, 670
VTD: 0014 ADULT EDUCATION 5253 (Part) Tract: 0008. Block(s): 238, 239B, 522, 523
District: 175
CHARLTON COUNTY CAMDEN COUNTY
VTD: 0001 ST. MARYS (Part) Tract: 0103.
Block(s): 471A, 471B, 471C Tract: 0104.
Block(s): 101, 102, 103, 104, 105, 106A, 106B, 106C, 106D, 107A, 107B, 108A, 108B, 109, 110, 120A, 120B, 121A, 121B, 121C, 122, 123, 124A, 124B, 125, 126, 127, 128, 129, 130, 131A, 131B, 132, 146A, 146B, 147, 148A, 148B, 148C, 148D,

TUESDAY, MARCH 24, 1992

2635

149A, 149B, 149C, 150, 151A, 151B, 152A, 152B, 153A, 153B, 153C, 154, 155, 156, 157, 158A, 158B, 158C, 159, 160, 161, 162A, 162B, 162C, 163A, 163B, 163C, 165A, 165B, 166A, 166B, 167A, 167B, 168, 169A, 169B, 170A, 170B, 170C, 170D, 170E, 170F, 172B, 173A, 173B, 174A, 174B, 175A, 175B, 176, 177A, 177B, 177C, 177D, 177E, 177F, 177G, 178A, 178B, 179, 180, 183, 184, 185, 186, 187, 188, 189, 190, 191 Tract: 0105. Block(s): 901, 902, 903, 904, 905, 906, 907, 908, 909, 910, 911, 912A, 912B, 913A, 913B, 914A, 914B, 914C, 914D, 915, 916, 917, 918, 919, 920, 921, 922, 923, 924, 925, 926, 927, 928 Tract: 0105.99 Block(s): 914Z Tract: 0106. Block(s): 101A, 101B, 101C, 101D, 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, 201, 202A, 202B, 203A, 203B, 203C, 203D, 204A, 204B, 204C, 204D, 205A, 205B, 206A, 206B, 207, 208, 209, 210A, 210B, 211, 212A, 212B, 212C, 213, 214, 215, 216A, 216B, 217, 218, 219, 220, 221, 222, 223A, 223B, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250A, 250B, 251, 252, 253, 254, 315, 316, 317A, 317B, 317C, 317D, 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 A, 351B, 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, 384, 385, 386, 387, 388, 389, 390, 391, 392, 393, 394, 395, 396, 397 VTD: 0002 KINGSLAND VTD: 0005 WOODBINE (Part) Tract: 0102.
Block(s): 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218A, 222A, 234, 235, 240, 241, 242, 243, 244, 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, 270, 271, 272, 273, 274, 275, 276, 277, 278, 279, 280, 281, 282A, 282B, 283, 284, 285, 286, 287, 288A, 288B, 289A, 289B, 290A, 290B, 291, 292, 293, 294, 295, 296, 297, 343, 344, 354, 355, 356, 357, 358, 359A, 359B, 359C, 360, 361, 362, 363A, 364A, 364B, 365A, 365B, 366, 367A, 367B, 369A, 377, 378, 393, 394, 395, 396
Tract: 0103. Block(s): 101, 102, 104, 141, 301, 302A, 302B, 303A, 303B, 304, 330, 331
District: 176
CLINCH COUNTY LANIER COUNTY ECHOLS COUNTY LOWNDES COUNTY
VTD: 0003 MOODY MASONIC (Part) Tract: 0101. Block(s): 261, 276
VTD: 0005 GARDEN CENTER (Part) Tract: 0105. Block(s): 114
VTD: 0008 NAYLOR COURTHOUSE VTD: 0009 CLYATTVILLE VTD: 0010 DASHER VTD: 0011 LAKE PARK

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VTD: 0012 FIRST CHRISTIAN CHURCH (Part) Tract: 0105. Block(s): 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 130, 131, 132, 133 Tract: 0111. Block(s): 101, 102, 201, 202, 211, 212, 213, 214, 234
VTD: 0013 LOWNDES CIVIC CENTER AND FORREST PK CHURCH (Part) Tract: 0106.
Block(s): 301A, 301B Tract: 0107.
Block(s): 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 255, 256, 257, 258, 259, 260, 301, 302, 303, 304, 305, 306, 307, 308, 309, 311, 312, 313, 314, 315, 316, 317, 318, 322, 328, 329
Tract: 0108. Block(s): 101, 102, 103, 107, 108, 134
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
Tract: 0104. Block(s): 101B, 102B, 103B, 117B, 122B, 122C, 123B, 124B
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: 0022 EVANGEL CATHEDRAL (Part) Tract: 0104. Block(s): 101A, 102A, 103A, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117A, 118, 119, 120, 121, 122A, 123A, 124A, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 208, 209, 210, 211, 212, 213, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244 Tract: 0106. Block(s): 101A, 102A, 102B, 103, 105A, 109A, 110, 111, 112, 113, 114, 115, 116, 211A, 221C
District: 177
BROOKS COUNTY VTD: 0002 BRIGGS (Part) Tract: 9903. Block(s): 221, 222, 223, 225, 228, 229, 232, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 266, 267, 268, 269, 270, 271, 272, 273, 274, 275, 276, 277
COOK COUNTY VTD: 0001 ADEL WEST (Part) Tract: 9802. Block(s): 218, 219A, 220, 221, 222, 223, 224, 225A, 247A, 516, 517, 518, 519, 520 Tract: 9804. Block(s): 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136A, 137, 155, 156, 157, 159A, 201, 204 VTD: 0002 CECIL VTD: 0003 PINE VALLEY (Part) Tract: 9802. Block(s): 246, 247B, 248 Tract: 9804. Block(s): 122, 136B, 138, 139, 140, 141, 142, 143, 145, 146, 147, 148, 149, 150, 151,

TUESDAY, MARCH 24, 1992

2637

152, 153, 154, 158, 159B, 160, 161, 162, 202, 203, 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, 246, 247, 248, 251, 252, 258, 259, 260, 261, 262, 263, 264, 265, 266, 267, 268, 269, 270, 271 LOWNDES COUNTY VTD: 0001 HAHIRA (Part) Tract: 0102. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110A, HOB, HOC, HOD, 111, 112, 113, 114, 115, 116, 117, 118A, 118B, 118C, 119A, 119B, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131A, 131B, 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, 163A, 163B, 164, 165A, 165B, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 201A, 201B, 202, 203, 204A, 204B, 205A, 205B, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225A, 225B, 225C, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249A, 249B, 250A, 250B, 251, 252, 253A, 253B, 254, 255, 256, 257, 258A, 258B, 259, 260A, 260B, 261A, 261B, 262, 263, 264, 265, 266, 267, 268, 269, 270, 271, 272, 273, 274, 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, 337, 338, 339, 340, 341, 388, 389, 390, 391, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 467, 468, 469, 470, 471, 472 VTD: 0002 MINEOLA (Part) Tract: 0102. Block(s): 416, 460, 461, 462, 463, 464, 465, 466, 473, 474, 475, 476, 477, 478, 479, 480, 481, 482, 483, 484, 485, 486, 487, 488, 489, 490, 491, 492 VTD: 0003 MOODY MASONIC (Part) 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, 123A, 123B, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134A, 134B, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152A, 152B, 152C, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 201A, 201B, 201C, 202, 203, 204, 205, 206A, 206B, 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, 233A, 233B, 233C, 234, 235, 236, 237, 238, 239, 240, 241, 242A, 242B, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 262, 263, 264, 265, 266, 267, 268, 272, 273, 282, 286, 294, 295, 296, 297A, 297B, 301, 302, 303, 304 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, 219A, 220A, 221A, 221B, 221C, 222A, 222B, 223A, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234A, 234B, 235, 236, 237, 238, 239, 240, 251, 252, 254A, 257A Tract: 0104. Block(s): 125A, 126, 127, 128, 129, 130, 131A, 132A, 132B, 134A, 135A, 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: 0005 GARDEN CENTER (Part) Tract: 0110. Block(s): 202, 203, 204, 205, 206, 207, 208, 209, 210, 212, 213, 214, 215, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319

2638

JOURNAL OF THE SENATE

Tract: 0111. Block(s): 207, 208, 217, 218, 219, 220, 221, 222, 226, 227, 228, 229, 230, 231
VTD: 0006 CHURCH LATTERDAY SAINTS (Part) Tract: 0112. Block(s): 101, 102, 103, 104, 105A, 105B, 105C, 105D, 106A, 106B, 106C, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123A, 123B, 123C, 124A, 124B, 124C, 124D, 125A, 125B, 125C, 126, 127, 128, 129, 130A, 130B, 130C, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151 Tract: 0113. Block(s): 101A, 101B, 102, 103A, 103B, 103C, 104A, 104B, 105A, 105B, 106A, 106B, 106C, 107A, 107B, 108, 109C, 109D, 112B, 113, 114, 115, 205A Tract: 0114. Block(s): 401A, 401B, 401C
VTD: 0012 FIRST CHRISTIAN CHURCH (Part) Tract: 0111. Block(s): 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, 203, 204, 205, 206, 209, 210, 215, 216, 223, 224, 225, 232, 233, 235 Tract: 0112. Block(s): 201, 202, 203, 204, 205, 206, 207, 208, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320 Tract: 0113. Block(s): 301, 302, 303, 304, 305, 306, 307, 308, 309, 412, 413, 414, 415, 416, 417
VTD: 0017 SHILOH FIRE STATION (Part) Tract: 0102. Block(s): 342, 343, 344A, 344B, 344C, 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, 384, 385, 386, 387, 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, 496, 497
VTD: 0018 NEW COVENANT CHURCH (Part) Tract: 0101. Block(s): 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, 219B, 220B, 220C, 220D, 220E, 220F, 220G, 221D, 221E, 222C, 222D, 222E, 223B, 241B, 241C, 241D, 242, 243, 244, 245, 246, 247, 248B, 253C, 254C, 256B, 257B, 257C, 257D Tract: 0104. Block(s): 125B, 125C, 131B, 132C, 133, 134B, 135B, 136B, 137, 138B, 139B, 1408, 141, 142B
VTD: 0019 CRAIG RECREATION CENTER (Part) Tract: 0113. Block(s): 109A, 109B, 111A, 112A, 205B, 310, 311, 409, 410, 411, 418, 419, 420
VTD: 0021 REMERTON CITY HALL (Part) Tract: 0113. Block(s): 201, 202, 203, 204A, 204B, 206, 207, 208, 209, 210, 211, 212, 213
VTD: 0022 EVANGEL CATHEDRAL (Part) Tract: 0103. Block(s): 102A, 103A, 241A, 248A, 249, 250, 253A, 253B, 253D, 254B, 255, 256A
District: 178
BROOKS COUNTY

TUESDAY, MARCH 24, 1992

2639

VTD: 0001 BARNEY VTD: 0002 BRIGGS (Part)
Tract: 9903. Block(s): 226, 227, 230, 231, 233, 234, 235, 264, 265
Tract: 9904. Block(s): 101, 102, 130, 131, 132, 133, 134, 135, 136, 137
Tract: 9905. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112. 113, 1U, 115, 116, 117, 118, 121, 122, 123, 124, 125, 126, 127, 128, 129
VTD: 0003 DIXIE VTD: 0004 DRY LAKE VTD: 0005 GROOVERVILLE VTD: 0006 HICKORY HEAD VTD: 0007 MORVEN VTD: 0008 WANKIN VTD: 0009 QUITMAN VTD: 0010 TALLOAKS AND WILLIAMS LOWNDES COUNTY VTD: 0005 GARDEN CENTER (Part)
Tract: 0105. Block(s): 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125. 126. 127, 128, 34,
135 Tract: 0109.
Block(s): 101, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124A, 125, 126, 127, 140, 141, 142, 143, 144, 145
Tract: 0110. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, :H. 116, 117, 201, 211, 216, 217, 301, 302, 303, 304, 305, 306, 307, 308, 309, 320, 521. 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335. 336, 337, .'38. 339, 340, 341, 342, 343, 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, '46, 447, 448, 449, 450
VTD: 0007 LOMAX-PINEVALE VTD: 0013 LOWNDES CIVIC CENTER AND FORREST PK CHURCH 'Part)
Tract: 0105. Block(s): 101, 102, 129
Tract: 0106. Block(s): 302, 303A, 303B, 303C, 304A, 304B, 305, 306, 401, 402, 403, 404, ,05, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417
Tract: 0108. Block(s): 104, 105, 106, 109, 110, 111, 112, 113B, 114, 131. 132, 133, 201, 202A. 202B, 202C, 203, 204B, 207, 401B, 434B, 436B
VTD: 0015 AZALEA CITY CHURCH OF GOD VTD: 0017 SHILOH FIRE STATION (Part)
Tract: 0102. Block(s): 493, 494, 495
VTD: 0019 CRAIG RECREATION CENTER (Part) Tract: 0109. Block(s): 211, 212B, 213, 217B, 218, 219, 220, 221, 222, 223B, 301, 302, 303, ':04, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317,-318, 319, 322, -23. 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336A, 336B, 347A, 347B, 347C, 348, 349, 350, 351 Tract: 0113. Block(s): 110, 116A, 117, 401, 402, 403, 404, 405, 406, 407, 408, 421, 422, 423, -124, 425, 426, 427, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513. 514,

2640

JOURNAL OF THE SENATE

515, 516, 601, 602, 603, 604, 605, 606, 607, 608, 609, 610, 611, 612, 613, 614, 615, 616, 617, 701, 702, 703, 704, 705, 706, 707, 708, 709 Tract: 0114. Block(s): 306A, 306B, 306C, 307, 308, 417A, 417C, 439, 440A, 440B, 441, 442 THOMAS COUNTY VTD: 0003 BOSTON
District: 179
DECATUR COUNTY VTD: 0001 ATTAPULGUS VTD: 0002 BAINBRIDGE (Part) Tract: 9703. Block(s): 284A, 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, 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, 383A, 387, 388, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421A, 421B, 422A, 422B, 423A, 423B, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 437, 438, 439, 440, 441, 442, 443, 444, 445, 446, 447 Tract: 9704. Block(s): 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, 244, 245, 246, 247, 301A, 301B, 302A, 302B, 302C, 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, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 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 Tract: 9705. Block(s): 238 Tract: 9706. Block(s): 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 122, 123, 124, 125, 126, 127, 128, 129, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 232, 403C, 416, 417, 418, 419A, 419B, 420, 421A, 421B, 422A, 422B Tract: 9707. Block(s): 101, 102, 103, 104, 105, 116, 117, 118, 119, 122, 123, 193, 194 VTD: 0003 WEST BAINBRIDGE (Part) Tract: 9703. Block(s): 144A, 146A, 147A, 157, 158A, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 201A, 202A, 202B, 204A, 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, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260A, 267A, 268, 278A, 279, 280, 281, 282, 283 VTD: 0005 BELL VTD: 0009 FOWLSTOWN
GRADY COUNTY VTD: 0010 DUNCANVILLE VTD: 0015 HIGDON VTD: 0025 MIDWAY (Part) Tract: 9505. Block(s): 325, 326, 327, 328, 329, 333, 334, 424B, 427B, 428, 433, 434, 435 VTD: 0035 RAGAN VTD: 0050 CAIRO 4

TUESDAY, MARCH 24, 1992

2641

VTD: 0055 CAIRO 5 (Part) Tract: 9504. Block(s): 401, 402, 403, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419 Tract: 9505. Block(s): 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, 246, 401, 402, 403, 404, 405, 407, 408, 409, 410, 412, 415, 417, 418, 419, 420, 421, 422, 423, 424A, 425, 426, 436, 437, 438, 439
THOMAS COUNTY VTD: 0002 BALFOUR VTD: 0008 METCALF VTD: 0012 DOUGLAS VTD: 0013 ARMORY (Part) Tract: 9602. Block(s): 292 Tract: 9608. Block(s): 101, 102, 103, 104A, 104E, 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, 130B, 131, 132, 133, 134, 136, 137B, 138, 139, 140, 141, 142, 160, 161, 162, 163, 164, 165, 166C, 167, 512B, 513B, 514B, 515, 516, 517, 518B, 519B, 520, 521, 522, 523, 524, 525, 526, 527, 528, 529B, 530, 531, 535B, 536 Tract: 9610. Block(s): 304D, 304E, 305B, 306, 307C, 308, 309B, 310F, 311C, 311D, 311E, 312, 313, 314, 315, 316, 325, 326, 327, 328B, 329, 330, 331, 332, 333, 334, 336, 338 VTD: 0015 HARPER VTD: 0016 SUSIE DUNLAP VTD: 0019 JERGER (Part) Tract; 9606. Block(s): 331, 332, 333, 334, 338, 339, 340, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 505, 506 Tract: 9609. Block(s): 101, 102, 103, 104B, 107, 108, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 138, 139, 140, 141, 142, 204, 205, 206, 207, 238, 239, 240, 241, 242, 243, 244 Tract: 9610. Block(s): 304A, 304C, 305A, 307A, 307B, 309A, 310A, 310B, 310C, 310D, 310E, 311A, 311B
District: 180
GRADY COUNTY VTD: 0005 BLOWING CAVE VTD: 0020 LIMESINK & SPRINGHILL VTD: 0025 MIDWAY (Part) Tract; 9505. Block(s): 108, 109, 110, 111A, 111B, 111C, 124B, 127B, 128B, 129, 130, 131, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 309B, 309C, 316B, 321, 322B, 323, 324, 335, 336, 337, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349 VTD: 0030 PINEPARK VTD: 0040 SPENCE VTD: 0045 WOODLAND VTD: 0055 CAIRO 5 (Part) Tract: 9504. Block(s); 151A, 301A, 301B, 303A, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322A, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346,

2642

JOURNAL OF THE SENATE

347, 348, 349, 350, 351, 404, 405, 406, 407, 408, 409, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 436, 437 Tract: 9505. Block(s): 112, 113, 114, 115 116, 117, 118, 119, 120, 121, 122, 123, 124A, 125, 126, 127A, 128A, 238, 239, 240, 241, 242, 243, 244, 245, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 301, 302, 303, 304, 305, 306, 307, 308, 309A, 310, 311, 312, 313, 314, 315, 316A, 317, 318, 319, 320, 322A, 411, 413, 414, 416 VTD: 0060 WHIGHAM THOMAS COUNTY VTD: 0001 EASTSIDE VTD: 0004 OCHLOCHNEE VTD: 0005 MEIGS VTD: 0006 COOLIDGE VTD: 0007 PAVO VTD: 0009 BARWICK VTD: 0010 ELLABELLE VTD: 0011 MERRIVILLE VTD: 0014 PATTEN VTD: 0017 FAIRGROUNDS VTD: 0018 CENTRAL VTD: 0019 JERGER (Part) Tract: 9606. Block(s): 507, 508 Tract: 9609. Block(s): 201, 202, 203, 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, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 327, 328, 329, 330, 331, 332 Tract; 9610. Block(s): 211A, 211B, 304B"
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.
Hanner-Thurmond Amendment (AM 14 0063):
Amend HB 1340 by striking the descriptions of Districts 128, 137, 138, 139, 140, and 141 and inserting in lieu thereof new descriptions of said districts to read as follows:
"District: 128
BIBB COUNTY
VTD: 0045 WA 01 (Part) Tract: 0136.01 Block(s): 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424 Tract: 0136.02 Block(s): 401, 402, 403, 404, 405, 406, 407, 414, 504, 505, 506, 507, 508, 509, 513, 514, 515, 516, 517, 601, 602, 603, 604, 605, 606, 607, 608, 609, 610
VTD: 0048 HAZARD 04 CRAWFORD COUNTY
VTD: 0003 3 VTD: 0004 4 VTD: 0005 5 (Part)
Tract: 0702. Block(s): 126, 128, 131, 132, 170, 171, 172, 173, 174, 175, 176, 177, 178, 184, 185,

TUESDAY, MARCH 24, 1992

2643

186, 187, 188, 189, 190, 191, 195, 196, 197, 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 (Part) Tract: 0702. Block(s): 304, 305, 306, 307, 308, 309, 310, 317, 318, 319, 323, 324, 325, 327, 328, 340, 341, 342, 343, 344, 345, 354, 355, 357, 358, 359, 387, 389, 390, 391, 392, 394,
395, 396, 397 HOUSTON COUNTY
VTD: 0001 RUMB (Part) Tract: 0207. Block(s): 101B Tract: 0211.01 Block(s): 101B, 115B
VTD: 0003 MSSH (Part) Tract: 0201.03 Block(s): 301A, 303
VTD: 0004 RECR (Part) Tract: 0201.02 Block(s): 222, 223 Tract: 0201.03 Block(s): 301B Tract: 0203. Block(s): 101A, 101B, 114B Tract: 0206. Block(s): 101, 102A, 102B, 102C, 102D, 102E, 103, 201, 202A, 202B, 202C, 202D, 202E, 203, 204A, 204B, 205, 206, 207A, 207B, 208, 901A, 901B, 901C, 901D, 901E, 901F, 901G, 901H, 901J, 901K, 901L, 902, 905, 907A, 907B, 908A, 908B,
909A VTD: 0008 NSJH (Part)
Tract: 0201.02 Block(s): 201, 202, 219, 220, 221, 227, 228, 229, 230, 231, 301A, 301C, 302A, 302B, 302C, 303A, 303B, 304, 305, 306A, 306B, 306C, 308, 309A, 309B, 401A, 401B, 401C, 401D, 401E, 401F, 401G, 401H, 401J, 402, 403, 404, 405, 406, 407, 408, 409, 411, 412, 414, 415, 417, 418, 419, 420, 426, 427, 428
VTD: 0012 CENT (Part) Tract: 0201.01 Block(s): 101, 102A, 102B, 102C, 103, 104, 105A, 105B, 106A, 106B, 107, 108A, 108B, 109A, 109B, 110, 111A, 111B, 201A, 201B, 201C, 202, 203, 204, 205, 206A, 206B, 207A, 207B, 207C, 207D, 207E, 208A, 208B, 208C, 209, 210A, 210B, 210C, 211, 212A, 212B, 212C, 213A, 213B, 214A, 214B, 215A, 215B, 216A, 216B, 218A, 218B, 218C, 218D, 318E, 219A, 219B, 219C, 219D, 220, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 401, 402, 403, 404, 405, 406A, 406B, 406C, 407A, 407B, 47C, 408A, 408B, 408C, 409 Tract: 0201.02 Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 1115, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218
PEACH COUNTY VTD: 0005 DISTRICT 1 VTD: 0010 DISTRICT 2 AND CLAUDE AND POWERSVILLE (Part) Tract: 0401. Block(s): 104, 106, 119, 120, 121, 122, 123, 124, 125A, 125B, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 144, 316, 317, 322, 323, 324, 325, 326, 327, 328, 329

2644

JOURNAL OF THE SENATE

Tract: 0402. Block(s): 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129B, 130, 131, 132, 133, 134, 135, 1136, 137B, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 157B, 201, 202. 203, 204, 206, 211B, 253
Tract: 0403.01 Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 122
VTD: 0020 BYRON (Part) Tract: 0401. Block(s): 101A, 101B, 101C, 102, 103, 105, 107, 108, 109A, 109B, 110A, HOB, 111, 112A, 112B, 113A, 113B, 114A, 114B, 115, 116, 117, 118, 145, 201, 202A, 202B, 203. 204, 205, 206, 207, 208, 209A, 209B, 210, 211A, 211B, 212A, 212B, 213A, 213B, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229A, 229B, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248A, 248B, 249, 250A, 250B, 251, 252, 253, 254, 255, 256, 257, 258, 259A, 259B, 260A, 260B, 260C, 261, 262, 263, 264, 265, 266, 267, 268A, 268B, 269, 270, 271, 272A, 272B, 273A, 273B, 274, 275, 276, 277, 278, 279, 280, 301, 302, 303, 304, 305A, 305B, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 318, 319, 320, 321, 401, 402, 403, 404, 405, 406 Tract: 0402. Block(s): 101, 102, 103, 104"
"District: 137
CHATTAHOOCHEE COUNTY VTD: 0001 CUSSETA (Part) Tract: 0201.
Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114A, 114B, 115A, 115B, 116A, 116B, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134A, 134B, 135A, 135B, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159A, 159B, 160, 161A, 161B, 162A, 162B, 163, 164A, 164B, 165A, 165B, 165C, 166A, 166B, 167, 168, 169A, 169B, 170A, 170B, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 184, 185, 186, 187, 188, 189, 190, 191, 192, 193, 194, 195, 196, 197, 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, 246, 247, 248, 249, 250
Tract: 0202. Block(s): 901B, 901C, 901D, 901E, 901F, 902, 903, 904, 905, 906, 907, 908, 909, 910, 911, 912, 913, 914, 915, 916, 917, 918, 919, 920, 921
MARION COUNTY VTD: 0010 DRANEVILLE VTD: 0015 DOYLE VTD: 0020 TAZEWELL VTD: 0025 FORT PERRY VTD: 0030 PINEKNOT VTD: 0035 BRANTLEY
MERIWETHER COUNTY VTD: 0005 WOODBURY-LOWER NINTH VTD: 0006 CHALYBEATE AND LOVE VTD: 0007 GILL ONE (Part) Tract: 9705. Block(s): 290A, 290B, 291, 292, 301, 323, 324, 326, 327, 328, 628, 630, 633, 634, 635, 636, 637, 638, 641, 642, 643, 644, 645, 646, 701A, 701B, 702 703, 704A, 704B, 705A, 705B, 706, 707, 708, 709, 710, 711, 712, 713, 714B, 715, 717, 718, 719, 720, 721, 722, 725, 276, 727, 728, 729, 730, 731, 732, 733, 738, 739 VTD: 0009 WARM SPRINGS

TUESDAY, MARCH 24, 1992

2645

VTD: 0010 DURAND SCHLEY COUNTY
VTD: 0001 SCHLEY PRECINCT (Part) Tract: 9601. 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, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178A, 178B, 179, 180A, 180B, 186, 187, 188, 189, 190, 191, 192, 194, 195A, 195B, 196, 209, 210, 211, 212, 213, 214, 215A, 215B, 216, 217A, 217B, 218, 219, 220, 221, 222A, 222B, 223A, 223B, 224A, 224B, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253A, 253B, 254, 256, 257A, 257B, 258A, 258B, 259A, 259B, 260, 261, 262A, 262B, 263 Tract: 9602. Block(s): 101, 102, 103, 104, 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, 416, 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, 181, 182, 183, 184, 185, 186, 187, 188, 189, 190, 191, 192, 193, 194, 195, 196, 197
SUMTER COUNTY VTD: 0025 CONCORD NEW 26 VTD: 0035 AMERICUS 27 (Part) Tract: 9502. Block(s): 105, 106, 107, 108, 109, 110, 111, 112, 113, 114A, 114B, 114C, 127, 128, 129, 132, 133, 134, 135, 136, 137, 138, 139, 140A, 1408, 141A, 141C, 141D, 142, 149A, 149C, 150, 151, 152, 301A, 301B, 301C, 301E, 302, 307, 308, 309, 311A, 311B, 312A, 312B, 312C, 313, 314, 315A, 315B, 315C, 316A, 316B, 317, 118, 319, 320, 321A, 321B, 322, 323, 402, 403, 404, 405, 406, 407, 408, 409A, 409B, 409C, 409D, 409E, 410, 411, 412A, 412B, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430 Tract: 9503. 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, 201, 202, 203, 204, 205A, 205B, 205C, 205D, 205E, 205F, 205G, 205H, 205J, 205K, 205L, 206A, 206B, 206C, 206D, 207A, 207B, 207C, 208A, 208B, 208C, 209A, 209B, 209C, 210, 211A, 211B, 211C, 211D, 212A, 212B, 213A, 213B, 214A, 214B, 214C, 216A, 216B, 216C, 217A, 217B, 217C, 217D, 217E, 217F, 217G, 217H, 217J, 218A, 218B, 218C, 219, 221, 222, 223, 224, 225, 501, 502, 503, 504, 505, 506, 507, 508, 509 Tract: 9505. Block(s): 114B, 114C, 114D, 115, 118, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 220, 221, 222, 223, 224A, 224B, 224C, 225, 226A, 226B, 227, 228, 229, 233A, 233B, 233C, 234, 235 Tract: 9506. Block(s): 101, 126, 128, 129, 130, 145, 146, 147, 148, 149, 216, 217, 218, 219, 220, 221, 222, 223, 316, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328 Tract: 9507. Block(s): 104, 105A, 105B, 106A, 106B, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 123, 124, 125, 126, 201A, 201B, 201C, 201D, 202, 203, 204, 207B, 208, 209, 210, 211, 212, 213, 214, 215, 216A, 216B, 217, 218, 219, 220A, 220B, 220C, 220D, 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, 246A, 246B, 247, 248, 249, 250, 318, 319, 320, 321, 322, 323, 401A, 401B, 401C, 402A, 402B, 402C, 403A, 403B, 404A, 404B, 405, 406, 407A, 407B, 407C, 408A, 408B, 409A, 409B, 409C, 409D, 409E, 409F, 409G, 410, 411, 412, 413, 414A, 414B, 414C, 414D, 415A,

>646

JOURNAL OF THE SENATE

415B, 415C, 415D, 416A, 416B, 416C, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 432, 435 VTD: 0040 CHAMBLISS 28 (Part) Tract: 9501. Block(s): 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 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, 183, 192, 193, 194, 195 Tract: 9502. Block(s): 101, 102, 103, 104, 130, 131, 153, 154, 155, 401, 431, 432, 433 Tract: 9507. Block(s): 101, 102, 103, 119, 120, 121, 122 Tract: 9508. Block(s): 202, 203, 204, 205 VTD: 0045 ANDERSONVILLE fAL30T COUNTY VTD: 3002 FLINT HILL VTD: 3003 GENEVA VTD: 3004 JUNCTION CITY VTD: 3006 PRATTSBURG VTD: 3007 TALBOTTON VTD: 3008 VALLEY TAYLOR COUNTY VTD: 0001 1 (Part) Tract: 9503. Block(s): 106A, 118, 119, 129, 142, 143, 201A, 201B, 229A, 230, 231, 232A, 233, 234, 235 VTD: 0002 2 VTD: 0003 3 VTD: 0004 4 VTD: 0005 5 (Part) Tract: 9503. Block(s): 395, 396, 397 Tract: 9504. Block(s): 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216. 217, ':1S, C.K\ 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, ?:3o, -36, :.31, 239, 240, 241, 242, 243, 244, 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, 270, 271, 272, 273, 274, 275, 276, 277, 278, 279, 280, 281, 282, 283, 284, 285, 286, 287, :88, 289, 290, 291, 292, 293, 294, 295, 296, 297 VTD: 0006 6 (Part) Tract: 9502. Block(s): 289, 290, 291, 292, 293 Tract: 9503. Block(s): 103, 105, 106B, 109, 131A, 132, 138, 139, 140, 141, 201C, 202, ilfe, 220, 224, 225, 226, 227, 228B, 229B, 232B, 250B, 251B, 259, 260, 261, 262, .:85, 286, 287, 288, 289, 290, 291, 292, 293, 294, 295, 296, 297, 307, 308, 209, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 336A, 336B, 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, 384, 385, 386, 387, 388, 389, 390, 391, 392, 393, 394 Tract: 9504. Block(s): 238 VTD: 0008 8 VTD: 0009 9

TUESDAY, MARCH 24, 1992

2647

District: 138
PULASKI COUNTY
CRISP COUNTY VTD: 0001 CORDELE (Part) Tract: 9801.
Block(s): 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 121, 125, 126, 127 121 129, 130, 131, 132, 133, 134, 149, 150, 156, 157, 158, 159A, 159B, 160, 161. 16.. 163A, 163B, 164, 165, 166, 167, 168, 169, 170, 201, 202, 203, 207, 208, 209, 210. 214, 215A, 215B, 215C, 215D, 215E, 216A, 216B, 217, 218, 219, 220, 221. 222A 222B, 222C. 223A, 223B, 224A, 224B, 225, 226, 227 228, 229, 230A, 230B, 231A 231B, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246. 247, 248, 249, 250, 251, 252A, 252B, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263B, 264B 265B, 266B, 267, 268, 269, 301A, 301B, 302, 303A, 303B. 304 305A, 305B, 306B, 306C, 319, 322, 323A, 323B, 324A, 324B, 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 36,: 363
Tract: 9802. Block(s): 101, 102, 103, 104, 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, 143A, USE 144B, 145, 146, 147, 149, 150, 168B, 168E, 173D, 173E, 174A, 174B, 175. 176,
177, 178, 184, 185, 186, 187, 193. 194, 195, 196B, 197B, 328, 431, 432, 43o 434 435, 436, 437, 438, 439, 440, 441, 442, 443, 444, 445, 446, 447, 448, 449, 450 451.
452, 501, 502, 550, 551, 601, 602, 603, 604, 605, 606, 607, 608, 609, 610, 618 619 Tract: 9803.
Block(s): 113, 118, 119, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167. 168, 169, 172, 173, 201, 202A, 202B, 202C, 203A, 203B, 204A, 204B, 205A, 205B 206A, 206B, 207, 208, 209, 210, 211, 212, 213, 214A, 214B, 215, 216A, 216B, 217 218A, 218B, 219A, 219B, 220A, 220B, 221A, 221B, 221C, 222, 223, 224A, 224B 224C, 225, 226A, 226B, 227, 228A, 228B, 229A, 229B, 230A, 230B, 231, 232, 233 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250. 251, 252, 253, 254, 255A, 255B, 255C, 256A, 256B, 256C, 256D, 256E. 256F 257A. 257B, 258A, 258B, 258C, 259A, 259B, 260A, 260B, 261A, 261B, 262A 262B, 263A, 263B, 264, 265, 266A, 266B, 267A, 267B, 268A, 268B, 269, 27C. 271 301. 302, 303, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 331, 332 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349 350, 355, 356, 361, 362, 363, 364, 365, 366, 367, 368, 369, 370
Tract: 9804. Block(s): 101, 102, 103, 104, 105, 106, 107A, 107B, 107C, 107D, 108A, 108B, 109A 109B, 110A, HOB, 111A, 111B, 112A, 112B, 113A, 113B, 114, 115, 116A, 116L 117A, 117B, 118A, 118B, 119, 120A, 120B, 120C, 121A, 121B, 122A, 122B 12: 124, 125A, 125B, 126A, 126B, 126C, 127, 128, 129, 130, 131, 132, 133A, 133h 134A, 134B, 134C, 135A, 135B, 136, 137A, 137B, 138A, 138B, 139, 140. 14iA 141B, 141C, 142, 143, 144, 145, 146, 147, 148, 149, 150, 201, 202, 203, 204 20; 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221 22. 223, 224, 225, 226, 227, 228, 229, 230, 231, 232 233, 234, 235, 236, 237 23e. 23t 240, 241, 242. 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254. 25c, 30. 302, 307, 308, 309, 310, 319, 320, 327, 328. 329, 330, 335, 336, 337, 338, 33y. 40: 402A, 402B, 403, 404, 405A, 405B, 406A, 406B, 406C, 407A, 407B, 407C, 40c 409A. 409B, 410A, 410B, 411, 412, 413, 414A, 414B, 414C, 414D, 414E, 415A 415B, 415C, 416, 417, 418A, 418B, 432, 434, 435, 436, 437, 438, 439, 440, 44; 442, 443, 444, 445, 501A, 501B, 502A, 502B, 503A, 503B, 503C, 504 505 506 507, 508, 509, 510, 511A, 511B, 512, 513, 514A, 514B, 515, 516, 517. 51s. 519 520, 521, 522, 523, 524, 525, 526, 527A, 527B, 528A, 528B, 528C, 528D, 529A 529B, 530. 531, 532. 533, 534, 535, 536, 537, 538, 539, 540, 541, 542, 543 54:
Tract: 9805.

2648

JOURNAL OF THE SENATE

Block(s): 101, 102, 103, 104, 105, 106, 107, 114, 115, 116, 117, 118, 119, 120
VTD: 0002 LISTONIA VTD: 0003 HATLEY VTD: 0004 ARABI VTD: 0005 JAMESTOWN VTD: 0006 CONEY DOOLY COUNTY VTD: 0002 SIXTH 1012 VTD: 003 THIRD 516 (Part)
Tract: 9701. Block(s): 189, 190, 191, 193, 194, 350, 352, 353, 354, 356, 357, 358, 359
Tract: 9703. Block(s): 101, 102, 103, 108, 110, 111, 112, 113, 130
HOUSTON COUNTY VTD: 0001 RUMB (Part) Tract: 0207. Block(s): 201A, 201B, 202, 203A, 203B, 203C, 203D, 204A, 204B, 204C, 205A, 205B, 205C, 206, 207, 208A, 208B, 307A, 307B, 308A, 308C Tract: 0211.01 Block(s): 101A, 102A, 102B, 103A, 103B, 104A, 104B, 105A, 105B 105C, 105D, 106, 107, 108A, 108B, 108C, 108D, 108E, 109, 110, 114A, 1114B, 115A VTD: 0004 RECR (Part) Tract 0206. Block(s): 906, 907C, 909B VTD: 0009 LII VTD: 0010 UII (Part) Tract: 0211.02 Block(s): 101A, 101B, 114B, 115A 115B, 116A, 116B, 117, 118, 121, 122, 123, 124, 129, 140, 141, 301, 304 Tract: 0211.03 Block(s): 101, 102, 103, 104, 105, 201, 202, 203A, 203B, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 301, 302, 303, 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, 337, 338, 339, 340, 341, 342, 343, 344, 345 VTD: 0011 10TH (Part) Tract: 0211.02 Block(s): 302, 303, 305, 306, 307, 308, 309, 310, 311, 312, 313 Tract: 0211.03 Block(s); 334, 335, 336 Tract: 0212. Block(s): 101, 102 103, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 201, 202, 203 VTD: 0015 12TH (Part) Tract: 0215.02 Block(s): 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, 201, 202, 203, 205, 206, 207, 208, 209, 210, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 231, 237, 238, 239, 240, 241 VTD: 0016 TOWN (Part) Tract: 0212. Block(s): 204, 207, 208, 209, 210, 211A, 211B, 212, 213B, 214, 215, 303A, 303B, 508, 510, 511, 512, 513, 514, 515, 516, 517, 518, 519, 520, 521, 522, 523, 524, 525, 526, 527, 528, 529, 530, 531, 532, 533, 534, 611, 612, 613, 614, 615, 616, 617, 618, 619, 620, 621, 622, 623, 624, 625, 626, 627, 628, 629, 630, 631, 701, 702, 703, 704, 709, 710 Tract: 0213.

TUESDAY, MARCH 24, 1992

2649

Block(s): 311D, 314, 315, 316, 317, 428A, 428B, 429B, 430B, 431, 432 Tract: 0214.
Block(s): 111, 112, 113, 114, 115, 116, 117, 118, 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, 246, 301, 302, 303, 304, 305A, 305B, 306A, 306B, 307A, 307B, 308, 309, 310, 311, 312, 313A, 313B, 313C, 314, 315, 316, 317, 318A, 318B, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328A, 328B, 329, 330, 331, 332, 401, 402A 402B, 407, 408, 507, 525, 526, 527, 528, 529, 530
Tract: 0215.02 Block(s): 143B, 144, 145
SUMTER COUNTY VTD: 0040 CHAMBLISS 28 (Part) Tract: 9501. Block(s): 196, 197
District: 139
HOUSTON COUNTY VTD: 0001 RUMB (Part) Tract: 0205. Block(s): 221, 222, 223, 224, 225, 227A, 227B, 228, 233, 234, 235 Tract: 0207. Block(s): 401, 402, 403, 404, 405, 406, 407, 408, 409 Tract: 0208. 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, 201, 301, 901A, 901B, 901C VTD: 0002 MILL VTD: 0003 MSSH (Part) Tract: 0202. Block(s): 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117. 118, 119 Tract: 0203. Block(s): 315, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429 VTD: 0004 RECR (Part) Tract: 0204. Block(s): 125, 127, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 901, 902, 903, 904, 905, 906 Tract: 0205. Block(s): 106, 107, 108, 109, 110, 111, 112, 115, 116, 117, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 226, 229, 230, 231, 232 Tract: 0209. Block(s): 101, 102, 103, 104, 106, 107, 112, 113, 119, 120, 121 VTD: 0006 RUSS VTD: 0007 PKWD (Part) Tract: 0201.01 Block(s): 224A, 224B, 225, 226 Tract: 0202. Block(s): 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 201, 202A, 202B, 202C, 203A, 203B, 204, 205, 206, 207, 208, 209, 210, 211, 301, 302, 303A, 303B, 303C, 304, 305, 306, 307, 308, 309, 310, 401A, 401B, 401C, 401D, 401E, 402A, 402B, 402C, 403A, 403B, 404A, 404B, 405A, 405B, 406A, 406B, 406C, 407, 409, 410A, 410B, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425A, 425B, 425C, 425D, 426A, 426B Tract: 0209. Block(s): 105 108, 109, 110, 111, 114, 115, 116, 117, 118, 301, 401, 402, 403, 404, 405

2650

JOURNAL OF THE SENATE

VTD: 0010 UII (Part) Tract: 0211.01 Block(s): 113B Tract: 0211.02 Block(s): 102, 103, 104, 105, 106A, 106B, 106C, 106D, 106E, 106F, 107A, 107B, 108, 109, 110, 111A, 111B, 112A, 112B, 113A, 113B, 114A, 119, 120, 125, 126, 127, 128, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 142, 143
VTD: 0013 ANNX (Part) Tract: 0209. Block(s): 408, 409, 410, 411 Tract: 0210. Block(s): 301, 302, 303A, 303B, 303C, 303D, 303E, 303F, 303G, 318, 319 Tract: 0211.01 Block(s): 201B, 201C, 201D, 201E, 202A, 202B, 203, 204, 205A, 205B, 206, 207, 208A, 208C, 211B, 211C, 211F, 301A, 301B, 301C, 302A, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 401, 402, 403, 404, 405A, 405B, 405C, 405D, 406A, 406B, 407A, 407B, 407C, 407D, 407E, 407F, 407G, 408A, 408B, 409A, 409B, 410A, 410B, 410C, 411, 412A, 412B, 413, 414, 415, 416, 417, 418, 419A, 419B, 420, 421, 422, 423, 424A, 424B Tract: 0211.02 Block(s): 205, 213, 214, 215, 216, 217, 218, 219
VTD: 0017 WRJH
District: 140
MACON COUNTY CRAWFORD COUNTY
VTD: 0002 2 VTD: 001A 1A (Part)
Tract: 0702. Block(s): 321, 322, 326, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 360, 361, 362, 363, 364, 365 366, 367, 368, 369, 370, 371, 372, 373, 374, 375, 376, 377, 378, 379, 380, 382, 383, 384, 385, 386, 388, 393
VTD: 001B IB DOOLY COUNTY
VTD: 0001 VIENNA 535 (Part) Tract: 9703. Block(s): 218, 219, 221A, 221B, 222A, 222B, 223, 225, 226B, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 254, 255, 311, 313A, 313B, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 333, 334, 336, 337, 338, 339, 340, 341A, 341B, 342, 343A, 343B, 344A, 344B, 345A, 345B, 346, 347, 348, 349, 350, 351, 368, 369, 370, 371, 372, 373, 374, 375, 376, 377, 378, 379, 380, 382, 383, 384, 385, 389, 390, 391, 392, 393, 394, 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, 426A, 426B, 427, 428, 429A, 429B, 430, 431, 432, 433, 434, 435, 436, 437, 438, 439, 440A, 440B, 441, 442, 443A, 443B, 444, 445, 446, 447, 448, 449A, 449B, 450A, 450B, 451A, 451B, 452, 453, 454, 455, 456, 515A, 516, 517, 518, 519, 520, 521, 522, 523A, 523B, 524A, 572A, 572B, 573, 574, 575, 576, 577, 578A, 578B, 580A, 580B, 582, 587, 588, 589
VTD: 0004 DRAYTON 633 VTD: 0006 BYROMVILLE 585 VTD: 0007 DOOLING 640 VTD: 0010 LILLY 1671 PEACH COUNTY VTD: 0010 DISTRICT 2 AND CLAUDE AND POWERSVILLE (Part)
Tract: 0401. Block(s): 140, 141, 142, 143, 330, 331
Tract: 0402.

TUESDAY, MARCH 24, 1992

2651

Block(s): 129A, 137A, 138, 151, 152, 153A, 153B, 154, 155, 156, 157A, 158, 159, 175, 176, 205, 207A, 207B, 208, 209, 210, 211A, 212, 213, 214, 215, 216, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230 232, 233, 236, 237, 238, 239, 240, 241A, 241B, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 254, 255, 256, 257A, 257B, 258, 259, 260, 261, 262, 263, 264
Tract: 0403.01 Block(s): 127A, 127B, 128, 129, 130, 131A, 131B, 132A, 132B, 133, 135
Tract: 0404. Block(s): 101, 102, 103, 104, 105, 106, 107, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 160A, 160B
VTD: 0015 DISTRICT 3 SCHLEY COUNTY
VTD: 0001 SCHLEY PRECINCT (Part) Tract: 9601. Block(s): 148, 149, 150, 151, 152, 153A, 153B, 153C, 154, 181, 182, 183A, 183B, 184 185, 193, 197, 201, 202, 203A, 203B, 204, 205, 206A, 206B, 207, 208, 242, 243, 255 Tract: 9602. Block(s): 105, 106, 107, 180
TAYLOR COUNTY VTD: 0001 1 (Part) Tract: 9502. Block(s): 273, 274, 276, 277 Tract: 9503. Block(s): 110, 111, 112A, 112B, 112C, 113, 114, 115, 116, 117A, 117B, 120A, 120B, 121, 122, 123, 124, 125, 126, 127, 128, 130, 131B, 133, 134, 135, 136, 137, 221 222, 223A, 223B, 228A, 236, 237, 238, 239, 240, 242, 245, 246A, 246B, 247, 248, 249, 250A, 251A, 252, 253, 254, 255, 256, 257, 301, 302, 303, 304, 305, 331, 333 VTD: 0006 6 (Part) Tract: 9503. Block(s): 241, 243, 244, 258, 306, 325, 326, 327, 328, 329, 330, 332, 334, 335 VTD: 0007 7
District: 141
CRISP COUNTY VTD: 0001 CORDELE (Part) Tract: 9801. Block(s): 118, 119, 120, 122, 123, 124, 204, 205A, 205B, 206, 211, 212, 213, 263A, 264A, 265A, 266A, 306A, 307A, 307B, 308A, 308B, 308C, 308D, 309A, 309B, 310, 311, 312, 313, 314, 315, 316, 317, 318, 320, 321, 364, 365, 366, 367 Tract: 9802. Block(s): 144A, 148, 168A, 168C, 168D, 168F, 169, 170, 171, 172, 173A, 173B, 173C, 173F, 173G, 179A, 179B, 179C, 180, 181 182A, 182B, 182C, 183, 196A, 197A, 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, 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, 327A, 327B, 401 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412A, 412B, 412C, 413A, 413B, 414A, 414B, 415A, 415B, 416A, 416B, 417A, 417B, 418, 419, 420A, 420B, 421 422, 423, 424, 425, 426, 427, 428, 429, 430, 453, 454A, 454B, 454C, 454D Tract: 9803. Block(s): 304, 305, 306, 307, 308, 309, 310, 311, 324, 325, 326, 327, 328, 329, 330, 351, 352, 353, 354, 357, 358, 359, 360 Tract: 9804. Block(s): 303, 304, 305, 306, 311, 312, 313, 314, 315, 316, 317, 318, 321, 322, 323, 324, 325, 326, 331, 332, 333, 334, 340, 341A, 341B, 419, 420A, 420B, 420C, 420D,

2652

JOURNAL OF THE SENATE

420E, 421, 422, 423A, 423B, 423C, 424A, 424B, 425, 426, 427, 428A, 428B, 428C, 429, 430, 431, 433 DOOLY COUNTY VTD: 0001 VIENNA 535 (Part) Tract: 9703. Block(s): 166, 167, 168, 169, 170, 224A, 224B, 226A, 244, 245, 246, 247, 248, 249, 250, 251, 252, 523, 509, 510, 511, 512, 513, 514, 515B, 524B, 525, 526, 527, 528, 529, 530, 531, 532, 556, 558, 559, 560, 562 563, 564, 565, 566, 567, 568, 569, 570, 571, 579, 581, 583 584, 585, 586 VTD: 0003 THIRD 516 (Part) Tract: 9701. Block(s): 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 177, 178, 179, 180, 181, 182, 183, 184, 185, 186, 187, 188, 192, 360 VTD: 0005 FINDLAY 1552 VTD: 0008 PINEHURST 1479 VTD: 0009 UNADILLA 1466 HOUSTON COUNTY VTD: 0001 RUMB (Part) Tract: 0205. Block(s): 217, 218, 219, 220, 236, 237, 238, 239, 240A, 240B, 241A, 241B, 242, 243, 244, 245, 246 Tract: 0207. Block(s): 101A, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 301, 302, 303, 304, 305, 306, 308B, 309, 310, 311, 312, 313, 314, 315, 316, 317 318, 319, 320, 321, 412, 413, 414, 415, 416, 417, 418 Tract: 0208. Block(s): 401, 402 VTD: 0003 MSSH (Part) Tract: 0201.03 Block(s): 302, 304, 305, 306A, 306B, 308A, 308B, 309, 310, 311, 312, 313A, 313B, 314, 315, 316, 317, 318, 319 Tract: 0202. Block(s): 101 Tract: 0203. Block(s): 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, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410 Tract: 0204. Block(s): 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124 VTD: 0004 RECR (Part) Tract: 0201.03 Block(s): 307A, 307B Tract: 0203. Block(s): 102A, 102B, 103, 104, 105, 106, 107, 108, 109, 110, 111 112, 113 114A, 115, 116, 301 Tract: 0204. Block(s): 101A, 101B, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 126 Tract: 0205. Block(s): 101A, 101B, 102, 103, 104, 105, 113A, 113B, 114A, 114B Tract: 0206. Block(s): 903, 904 VTD: 0008 NSJH (Part) Tract: 0201.01 Block(s): 117, 118A, 118B Tract: 0201.02

TUESDAY, MARCH 24, 1992

2653

Block(s): 224, 225, 226, 301B, 307A, 307B, 307C, 410, 413, 416, 421, 422A, 422B, 423, 424, 425
VTD: 0011 10TH (Part) Tract: 0212. Block(s): 104, 106, 107, 108, 110, 206
VTD: 0012 CENT (Part) Tract: 0201.01 Block(s): 112A, 112B, 113, 114, 115, 116, 217, 221 222A, 222B, 223, 313, 314, 410, 411A, 411B, 412 Tract: 0202. Block(s): 408
VTD: 0013 ANNX (Part) Tract: 0211.01 Block(s): 302B, 303, 304, 305, 306 Tract: 0211.02 Block(s): 201, 202, 203, 204, 206, 207, 208, 209, 210, 211, 212
VTD: 0014 N13 VTD: 0015 12TH (Part)
Tract: 0215.02 Block(s): 204, 211, 223, 224, 225, 226, 227, 228, 229, 230, 232, 233, 234, 235, 236, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265, 266, 269, 270, 271, 272, 273, 274, 275, 276, 277, 278, 279, 280, 281, 282, 283, 284, 285, 286, 287, 288, 289, 290, 291, 292, 293, 294, 295, 296, 297
VTD: 0016 TOWN (Part) Tract: 0212. Block(s): 205, 213A, 301, 302, 304A, 304B, 305, 306, 307, 308, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 501, 502, 503, 504, 505, 506, 507, 509, 535, 536, 537, 601, 602, 603, 604, 605, 606, 607, 608, 609, 610, 632, 705, 706, 707, 708, 711, 712, 713, 714, 715, 716, 717 Tract: 0213. Block(s): 101, 102A, 102B, 103A, 103B, 104, 105, 106, 107, 108, 109A, 109B, 110, 111, 112, 113A, 113B, 113C, 114, 115A, 115B, 115C, 115D, 116, 117A, 117B, 117C, 118, 119A, 119B, 119C, 120, 121A, 121B, 121C, 122, 123, 124, 125, 126, 127, 128, 129A, 129B, 129C, 130, 131, 132, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 301, 302A, 302B, 303, 304, 305, 306, 307, 308, 309A, 309B, 310, 311A, 311B, 311C, 312, 313A, 313B, 313C, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 333, 334, 335, 336, 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, 427A, 427B, 429A, 430A Tract: 0214. Block(s): 101A, 101B, 102, 103, 104, 105, 106, 107, 108, 109, 110, 119, 120A, 120B, 121, 403, 404, 405A, 405B, 406A, 406B, 406C, 508, 509, 510, 513"
McKinney Amendment (AM 21 0224):
Amend HB 1340 by striking in their entireties the descriptions of Districts 169, 171, and 175 and inserting in lieu thereof, respectively, the following:
"District: 169
BACON COUNTY BRANTLEY COUNTY CHARLTON COUNTY
VTD: 0003 3 VTD: 0005 5 (Part)
Tract: 9901.

2654

JOURNAL OF THE SENATE

Block(s): 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, 150, 151. 152A, 152B, 152C, 152D, 152E, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 174, 175, 176, 177, 178, 179, 180A, 181A, 182A, 183, 196A. 196B, 196C. 197, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215. 216, 217, 218, 219, 220, 221, 278, 279, 280, 281, 282, 289, 290, 291, 292, 293, 294, 295, 296, 297, 301, 302, 305A, 309, 310, 311A, 312, 313, 315, 316, 323, 324, 325, 326, 336, 337, 338, 345, 346, 347, 348, 349, 350, 351, 352, 355, 387
GLYNN COUNTY VTD: 0001 STERLILNG 1163/1166
PIERCE COUNTY VTD: 0001 HACKLEBARNE-CASON VTD: 0002 BLACKSHEAR (Part) Tract: 9604. Block(s): 414, 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, 476, 477, 484, 486, 487, 488, 489, 490, 491, 492, 493, 494, 495, 496, 497A, 497B, 497C VTD: 0006 MERSHON 4B VTD: 0007 SUNSET-SWEAT 4C"
'District: 171
LONG COUNTY LIBERTY COUNTY
VTD: 0009 2-0009 VTD: 0010 2-0010 (Part)
Tract: 0101. Block(s): That portion of Block 901G which lies south and west of Georgia State Highway 144 and Georgia State Highway 119
PIERCE COUNTY VTD: 0002 BLACKSHEAR (Part) Tract: 9601. Block(s): 195 Tract: 9602. Block(s): 264, 265, 272, 273, 274, 275, 279, 280 Tract: 9603. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110A, HOB, 111, 112, 113. 114, 115, 116, 117 118, 119, 120, 123, 124, 125, 126, 127, 133, 134 135, 136A, 136B, 137A, 137B, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 156, 157, 158, 159, 160, 161, 166A, 166B, 174, 175, 176. 177, 178, 179, 180, 181, 182, 183, 184, 185, 186, 187, 301, 302, 303 Tract: 9604. Block(s): 108, 109. 110, 111, 112, 201A. 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214. 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 258, 259, 260, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319A, 319B, 320, 321A, 321B, 322, 323, 324, 325, 326, 327, 328A, 328B, 329A, 329B, 330A, 330B, 331A, 331B, 332, 333, 334, 335, 336, 337, 338A, 338B, 339A, 339B, 340A, 340B. 341, 342, 343, 344, 345, 415, 416, 417, 418, 419, 420, 421, 422, 423. 424 VTD: 0003 ST JOHNS-BLACKSHEAR 3A VTD: 0004 OTTER CREEK 3B VTD: 0005 PATTERSON 4A
WAYNE COUNTY VTD: 0001 ODUM VTD: 0004 SCREVEN

TUESDAY, MARCH 24, 1992

2655

VTD: 0006 EMPIRE VTD: 0007 RED HILL VTD: 0008 EAST JESUP VTD: 0009 GARDI VTD: 0010 MT. PLEASANT VTD: 0011 ALTAHAMA VTD: 0012 VFW VTD: 0013 COURTHOUSE VTD: 0014 NATIONAL GUARD ARMORY VTD: 0015 RECREATION CENTER"
"District: 175
CAMDEN COUNTY CHARLTON COUNTY
VTD: 0001 1 VTD: 0002 2 VTD: 0004 4 VTD: 0005 5 (Part)
Tract: 9901. Block(s): 101, 149, 184, 185, 187, 401, 402, 403, 404, 405, 406, 407, 410, 411, 412, 482, 483"

Senator Walker of the 43rd moved that the Senate adopt the Conference Committee report on HB 1340.

On the motion, 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 Clay Coleman Dawkins Deal 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 Steinberg Tate Thompson Timmons Turner Walker of 43rd White

Those voting in the negative were Senators:

Albert Burton

Collins Phillips

Taylor Tysinger

Those not voting were Senators:

Alien (excused) Egan

Langford Shumake

Walker of 22nd

On the motion, the yeas were 45, nays 6; the motion prevailed, and the Senate adopted the Conference Committee report on HB 1340.

2656

JOURNAL OF THE SENATE

The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:
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.
The House substitute to SB 763 was as follows:
A BILL
To be entitled an Act to amend an Act relating to the school system of the City of Savannah and Chatham County, approved March 21, 1968 (Ga. L. 1968, p. 2636), 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; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act relating to the school system of the City of Savannah and Chatham County, approved March 21, 1968 (Ga. L. 1968, p. 2636), as amended, is amended by strik ing Section 1 and inserting in its place a new Section 1 to read as follows:
"Section 1. (a) The Board of Public Education for the City of Savannah and the County of Chatham shall be composed of a president and eight other members, to be elected as provided in this Act. For the purpose of electing members of the board of education, Chat ham County is divided into eight education districts as follows:
Education District: 1
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 (Part) Tract: 0042.02 Block(s): 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 601, 602, 603, 604, 605, 606, 607, 608, 701, 702, 703, 704, 705, 706, 707, 708, 709, 710, 711, 712, 713 VTD: 0011 1-11 VTD: 0013 1-13 (Part) Tract: 0102. Block(s): 303, 304, 305, 306, 307, 315, 316 VTD: 0044 4-11 VTD: 0045 4-12 VTD: 0056 6-1
Education District: 2
CHATHAM COUNTY VTD: 0014 2-1

TUESDAY, MARCH 24, 1992

2657

VXD: 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: 0022 2-9 VTD: 0026 3-3 VTD: 0027 3-4 (Part)
Tract: 0036.02 Block(s): 101B, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 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
VTD: 0028 3-5 (Part) Tract: 0036.02 Block(s): 401, 406, 409, 410, 419, 420, 421, 433
VTD: 0034 4-1 (Part) Tract: 0036.01 Block(s): 101, 102A, 104, 105, 106, 107, 110, 111, 112, 113, 114, 117, 118, 119, 306B, 401A Block(s): That part of Block 401B which lies west of Moorings Drive and Moor ings Drive extended to a tributary of the Wilmington River Block(s): 402, 404A, 404B, 405, 406, 407, 408, 409 Tract: 0101.01 Block(s): 314A, 318A, 321A, 329A
Education District: 3
CHATHAM COUNTY VTD: 0012 1-12 VTD: 0013 1-13 (Part) Tract: 0102. Block(s): 101, 102, 103, 118, 119, 120, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 301, 302, 308, 309, 310, 311, 312D, 314 VTD: 0024 3-1 (Part) Tract: 0008. 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, 129, 130, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 218, 219, 225, 227, 228, 229, 231, 232, 233 Tract: 0013. Block(s): 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116 VTD: 0025 3-2 (Part) Tract: 0003. Block(s): 101B, 102, 103, 104, 105, 106, 115, 116, 117, 118, 119, 120, 122, 123, 124, 125, 126, 130, 131, 132, 137, 140, 141, 142, 151, 153, 157, 158, 159, 160, 163, 164, 165, 166, 170, 171, 172, 173, 174, 175, 176, 188, 189, 190, 191, 192, 193, 201, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 222, 225, 240, 241, 244, 301B Tract: 0009. Block(s): 101, 102 103, 104, 105, 106, 107, 110, 111, 112, 113, 114, 115, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 218, 219, 222, 223, 224, 225, 228, 229, 230, 231, 232 Tract: 0101.01 Block(s): 201, 202, 203B, 204, 205, 304A, 304B, 305A, 305B, 306, 307, 308, 309, 310, 311, 312, 313, 328 Tract: 0106.05. Block(s): 105, 106A, 106B, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116

2658

JOURNAL OF THE SENATE

VTD: 0027 3-4 (Part) Tract: 0022. 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, 325, 326, 327, 328 Tract: 0037. Block(s): 114, 115, 116, 117, 121, 122, 123, 124, 125, 126, 127
VTD: 0028 3-5 (Part) Tract: 0036.02 Block(s): 101C, 230, 231, 232, 233, 234, 235, 236, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312A, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 402, 403, 404, 405, 407, 408, 411, 412, 413, 414, 415, 416, 417, 418, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 501A, 501B, 502, 503, 504A, 504B, 505A, 505B
VTD: 0029 3-6 VTD: 0030 3-7 VTD: 0031 3-8 VTD: 0032 3-9 VTD: 0033 3-10 VTD: 0034 4-1 (Part)
Tract: 0036.01 Block(s): 102B Block(s): That part of Block 401B which lies east of Moorings Drive and Moor ings Drive extended to a tributary of the Wilmington River Block(s): 403
Tract: 0036.02 Block(s): 101D, 312B
Tract: 0101.01 Block(s): 301, 302, 303, 314B, 314C, 315, 316, 317, 318B, 319, 320, 321B, 321C, 321D, 322, 329B
VTD: 0035 4-2 VTD: 0043 4-10 (Part)
Tract: 0038. Block(s): 204B, 307B, 312B, 313B
Tract: 0039. Block(s): 201B, 202B
Tract: 0101.02 Block(s): 315B, 402, 403B, 404, 407, 408, 409, 410, 411, 412, 413
Education District: 4
CHATHAM COUNTY VTD: 0036 4-3 VTD: 0037 4-4 VTD: 0038 4-5 VTD: 0039 4-6 VTD: 0041 4-8 VTD: 0042 4-9 VTD: 0043 4-10 (Part) Tract: 0110.02 Block(s): 103 Tract: 0110.04 Block(s): 101A, 101B, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 301, 302, 303, 304, 305, 306, 307, 408, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331
Education District: 5
CHATHAM COUNTY

TUESDAY, MARCH 24, 1992

2659

VTD: 0049 5-4 VTD: 0050 5-5 VTD: 0051 5-6 VTD: 0052 5-7 (Part)
Tract: 0045. Block(s): 202, 205, 207, 208, 209, 210, 214A, 214B, 214C, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 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, 401B, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413A, 413B, 414A, 414B
VTD: 0053 5-8 VTD: 0054 5-9 VTD: 0055 5-10 VTD: 0061 6-6 VTD: 0062 6-7 (Part)
Tract: 0109.01 Block(s): That part of Block 101 which lies north of Tibet Avenue extended to its intersection with Hunter Army Airfield
VTD: 0074 7-10 VTD: 0086 5-11
Education District: 6
CHATHAM COUNTY VTD: 0010 1-10 (Part) Tract: 0042.02 Block(s): 801 VTD: 0057 6-2 VTD: 0059 6-4 VTD: 0060 6-5 VTD: 0062 6-7 (Part) Tract: 0042.03 Block(s): 301, 302, 303, 304, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 413, 415, 416, 419, 420, 421, 422 Tract: 0042.05 Block(s): 403A, 501, 507 Tract: 0109.01 Block(s): That part of Block 101 which lies south of Tibet Avenue extended to its intersection with Hunter Army Airfield Block(s): 102, 103, 104, 201, 202, 203, 204, 301, 302, 303, 304 VTD: 0063 6-8 VTD: 0064 6-9 VTD: 0072 7-8 (Part) Tract: 0108.98 Block(s): That part of Block 233 which lies southeast of Bush Road extended to its intersection with the Ogeechee River Block(s): 241, 242, 243
Education District: 7
CHATHAM COUNTY VTD: 0065 7-1 VTD: 0066 7-2 VTD: 0067 7-3 VTD: 0068 7-4 VTD: 0069 7-5 VTD: 0070 7-6 VTD: 0071 7-7 VTD: 0072 7-8 (Part)

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Tract: 0108.04 Block(s): 101B, 101E
Tract: 0108.97 Block(s): 108A, 109, 111, 112, 113, 114, 115, 116, 117, 118, 120, 121, 122, 123, 124, 125, 126A, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 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, 246, 247, 248, 249A, 250A, 251B, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265, 266, 267, 268, 269, 270, 271, 272, 273, 274, 275A, 275B, 276, 277, 278B, 280, 281, 282, 283, 284A, 284B
Tract: 0108.98
Block(s): 105A, 105B, 106A, 106B, 107, 108B, 109, 110, 111, 112, 113, 114A, 114B, 115, 116, 117A, 117B, 118, 119, 120, 121, 122, 123, 124, 125, 126, 139, 142, 143, 144, 145, 149, 150, 201B, 202B, 203B, 204B, 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
Block(s): That part of Block 233 which lies northwest of Bush Road extended to its intersection with the Ogeechee River
Block(s): 234, 235, 236, 237, 238, 244, 245, 246, 247, 248, 249 VTD: 0073 7-9

Education District: 8

CHATHAM COUNTY
VTD: 0024 3-1 (Part)
Tract: 0003.
Block(s): 101A, 107, 108, 109, 110, 111, 112, 113, 114, 121, 127, 128, 129, 133, 134, 135, 136, 138, 139, 143, 144, 145, 146, 147, 148, 149, 150, 152, 154, 155, 156, 161, 162, 167, 168, 169, 177, 178, 179, 180, 181, 182, 183, 184, 185, 186, 187, 194, 195, 196, 197, 202, 226, 227, 230, 237, 245
VTD: 0046 5-1 VTD: 0047 5-2 VTD: 0052 5-7 (Part)
Tract: 0012. Block(s): 112
Tract: 0033.02 Block(s): 201, 206, 207
Tract: 0045. Block(s): 101A, 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, 134A, 134B, 134C, 201, 203, 204, 206A, 206B, 211, 212, 213, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 401A
VTD: 0075 7-11 VTD: 0076 8-1 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

TUESDAY, MARCH 24, 1992

2661

(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 Unites States decennial census of 1990 for the State of Georgia shall control;
(4) Any part of Chatham 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 Chatham 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) Education Districts 1, 2, 3, 4, 5, 6, 7, and 8 as they existed on January 1, 1992, shall continue to be designated as Education Districts 1, 2, 3, 4, 5, 6, 7, and 8 respectively, but as newly described under this section on and after the date this subsection becomes effective in 1992, and members of the board serving from those former education districts shall be deemed to be serving from and representing their respective districts as newly described under this section."
Section 2. Said Act is further amended by striking Section 3 and inserting in its place a new Section 3 to read as follows:
"Section 3. (a) The president of the board of education in office on January 1, 1992, shall serve out the remainder of the term to which he was elected, such term expiring on December 31, 1994. At the general election in 1994 and every four years thereafter, the president shall be elected pursuant to this Act and shall serve for a term of four years and until his successor is elected and qualified and shall take office on January 1 immediately following his election. No president may succeed himself in office more than twice.
(b) The members of the board of education in office on January 1, 1992, representing former Education Districts 1, 2, 3, and 7 shall serve out the remainder of the terms to which they were elected, such terms expiring on December 31, 1994. At the general election in 1994 and every four years thereafter, members of the board shall be elected from Education Dis tricts 1, 2, 3, and 7 pursuant to this Act and shall serve for terms of four years and until their successors are elected and qualified and shall take office on January 1 immediately following their election.
(c) The members of the board of education in office on January 1, 1992, representing former Education Districts 4, 5, 6, and 8 shall serve out the remainder of the terms to which they were elected, such terms expiring on December 31, 1992. At the general election in 1992 and every four years thereafter, members of the board shall be elected from Education Dis tricts No. 4, 5, 6, and 8 pursuant to this Act and shall serve for terms of four years and until their successors are elected and qualified and shall take office on January 1 immediately following their election.
(d) All primaries and elections under this Act shall be held in accordance with Chapter 2 of Title 21 of the O.C.G.A., the 'Georgia Election Code.' "

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Section 3. 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 for the City of Savannah and Chatham 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 genera! primary in 1992, implementation of this Act is not permissible under the federal Voting Rights Act cf 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 Coleman of the 1st moved that the Senate agree to the House substitute to SB 763.
On the motion, the yeas were 35, nays 0, the motion prevailed, and the Senate agreed to the House substitute to SB 763.
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has adopted the report of the Committee of Conference on the feJIow:,.n;: bill of the House:
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.
The House has adopted the report of the Committee of Conference on the following 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.
Serving as doctor of the day today was Dr. Joy Maxey, of Atlanta, 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 11:47 o'clock P.M., the President announced the Senate adjourned until 10:00 o'clock A.M. tomorrow.

WEDNESDAY, MARCH 25, 1992

2663

Senate Chamber, Atlanta, Georgia Wednesday, March 25, 1992
Thirty-eighth Legislative Day

f he 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 Garner of the 30th moved that the Senate reconsider its action on March 24 in :iefeating the following bill of the House:

-.IB ;90. By Representatives Branch of the 137th, Kilgore of the 42nd, Harris of the y6th 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.

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

Those voting in the affirmative were Senators:

Albert Burton !-lay Goleman
n' ,ms -j^_, ^gg" 'i\ >s ter ; arner 5ii;U Mams

Hasty Henson Hill Huggins
Johnson Langford Marable Newbill Perdue Perry Pollard

Ragan of 10th Ragan of 32nd Ramsey Ray
Robinson Scott Steinberg Timmons Turner Tysinger Walker of 43rd

Those voting in the negative were Senators:

Egan Starr

Taylor

White

."hose act .otmg were Senators:

-illen Jaldwm Bishop 3owen Broun of 46th Brown of 26th

Dawkins Dean English Hammill Hooks Kidd

Moye Phillips Shumake Tate Thompson Walker of 22nd

On the motion, the yeas were 34, nays 4; the motion prevailed, and HB 1290 was recon sidered and placed on the Senate General Calendar.

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JOURNAL OF THE SENATE

Senator Collins of the 17th moved that the Senate reconsider its action on March 24 in passing the following bill of the House:

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.

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

Those voting in the affirmative were Senators:

Albert Burton Collins Edge Garner

Kidd Newbill Perdue Phillips Ragan of 32nd

Those voting in the negative were Senators:

Ray Walker of 22nd Walker of 43rd White

Baldwin Bowen
Coleman Deal Dean Echols Egan English Foster Gillis

Harris Hasty Henson Hill Hooks Huggins Johnson Langford Marable Moye

Those not voting were Senators:

Perry Ragan of 10th Ramsey Robinson Scott Steinberg Taylor Timmons Turner

Alien Bishop Broun of 46th Brown of 26th Clay

Dawkins Hammill Pollard Shumake

Starr Tate Thompson Tysinger

On the motion, the yeas were 14, nays 29; the motion was lost, and HB 1386 was not reconsidered.

By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.

WEDNESDAY, MARCH 25, 1992

2665

The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has passed, by substitute, by the requisite constitutional majority the fol lowing bills of the Senate:
SB 701. By Senators Edge of the 28th, Garner of the 30th, Deal of the 49th and others: 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.
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 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 384. By Senators Pollard of the 24th, Kidd of the 25th and Edge of the 28th:
A bill to amend Code Section 15-6-93, relating to office hours of the clerks of the superior courts, so as to change the provisions relating to office hours.
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 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.
The House has passed, as amended, by the requisite constitutional majority the follow ing bills of the Senate:
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.

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JOURNAL OF THE SENATE

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 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.
The House has passed by the requisite constitutional majority the following bills of the Senate:
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 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 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 place if such veteran owns or jointly with his or her spouse owns the motor vehicle.
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 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

WEDNESDAY, MARCH 25, 1992

2667

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.
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 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 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 House has agreed to the Senate amendments to the following bills of the House:
HB 1272. By Representatives Williams of the 90th, Dunn of the 73rd, Connell of the 87th, Ricketson of the 82nd, Brown of the 88th and others:
A bill to amend Code Section 33-3-6 of the Official Code of Georgia Annotated, relating to requirements for insurance companies as to capital stock or surplus, so as to provide that the Commissioner of Insurance shall be authorized to grant an extension to a domestic insurer that has not met certain minimum requirements.
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 825. By Representatives Felton of the 22nd and Campbell of the 23rd:
A bill to amend Code Section 36-67-4 of the Official Code of Georgia Annotated, relating to zoning proposal recommendation standards applicable to zoning pro cedures for counties and municipalities meeting certain population requirements, so as to encourage the creation of planning commissions to serve identifiable ar eas and communities.
HB 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.

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JOURNAL OF THE SENATE

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 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 240. By Representatives Snow of the 1st, Groover of the 99th, Mobley of the 64th, Meadows of the 91st, McCoy of the 1st and others: A bill to amend Chapter 3 of Title 17 of the Official Code of Georgia Annotated, relating to limitations on prosecution, so as to provide that certain periods shall be excluded in determining the period within which a prosecution for certain offenses must be commenced.
HB 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 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.
The House has agreed to the Senate amendment to the following resolution 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.
The House has agreed to the Senate substitutes to the following bills of the House:
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 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.

WEDNESDAY, MARCH 25, 1992

2669

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.
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 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 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 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 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 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.
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.
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

2670

JOURNAL OF THE SENATE

hear and set bail for certain offenses to any judge of any court of inquiry within the same judicial circuit.
HB 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 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 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 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.
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 1412. By Representatives Porter of the 119th, Jamieson of the llth, Baker of the 51st, Kilgore of the 42nd and Patten of the 149th:
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.
The House has agreed to the Senate substitute to the following resolution of the House:
HR 647. By Representatives Buck of the 95th, Colwell of the 4th, Hammond of the 20th, Coker of the 21st and Mills 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.

WEDNESDAY, MARCH 25, 1992

2671

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

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 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 House has agreed to the Senate amendments to the following bills of the House:

HB 456. By Representatives Dover of the llth, Coleman of the 118th, Walker of the 115th, Godbee of the 110th and Royal of the 144th:
A bill to amend Code Section 48-7-27 of the Official Code of Georgia Annotated, relating to the computation of taxable net income for state income tax purposes, so as to provide for an additional adjustment with respect to capital gains; to provide for an effective date and applicability.

HB 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.

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.

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

Mr. President:

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

HB 1967. Do pass.

HR 843. Do pass.

HR 651. Do pass.

HR 878. Do not pass.

HR 677. Do pass.

HR 879. Do pass.

HR 723. Do pass.

HR 955. Do pass.

Respectfully submitted,

Senator Johnson of the 47th District, Chairman

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Mr. President:
The Committee on Education has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations:
HB 1793. Do pass by substitute. HB 1812. Do pass by substitute.
Respectfully submitted, Senator Foster of the 50th District, Chairman
Mr. President:
The Committee on Ethics has had under consideration the following bills and resolu tion of the House and has instructed me to report the same back to the Senate with the following recommendations:
HB 1311. Do pass as amended. HB 1648. Do pass. HR 859. Do pass.
Respectfully submitted, Senator Deal of the 49th 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 1109. Do pass as amended. Respectfully submitted, Senator Starr of the 44th District, Chairman
Mr. President:
The Committee on Finance and Public Utilities has had under consideration the follow ing bill of the House and has instructed me to report the same back to the Senate with the following recommendation:
HB 1429. 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 bill and resolution of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:
SR 551. Do pass. HB 2065. Do pass by substitute.
Respectfully submitted, Senator Kidd of the 25th District, Chairman

WEDNESDAY, MARCH 25, 1992

2673

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 426. Do pass. HB 847. Do pass.

HB 1428. Do pass. HB 1450. Do pass.

HB 1097. Do pass by substitute. HB 1420. Do pass.

HB 1943. Do pass. HB 2094. Do pass.

Respectfully submitted,

Senator Baldwin of the 29th District, Chairman

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 555. Do pass. HB 2029. Do pass as amended. HB 1548. Do pass as amended.
Respectfully submitted,
Senator Gillis of the 20th District, Chairman

Mr. President:

The Committee on Public Safety has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations:
HB 1899. Do pass. HB 1974. Do pass.
Respectfully submitted,
Senator Bowen of the 13th 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 912. Do pass by substitute.
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:

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SR 525. Do pass.

Respectfully submitted, Senator Dean of the 31st District, Chairman

Mr. President:

The Committee on Special Judiciary has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations:
HB 1861. Do pass. HB 1968. Do pass. HB 1977. Do pass.
Respectfully submitted,
Senator Edge of the 28th District, Chairman

Mr. President:

The Committee on Special Judiciary has had under consideration the following bill of the House and has instructed me to report the same back to the Senate with the following recommendation:
HB 1912. Do pass by substitute.
Respectfully submitted,
Senator Edge of the 28th District, Chairman

Mr. President:

The Committee on Transportation has had under consideration the following bills and resolutions of the House and has instructed me to report the same back to the Senate with the following recommendations:

HB 494. Do pass by substitute.

HR 1010. Do pass.

HB 1689. Do pass.

HR 1029. Do pass.

HR 1008. 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 1881. Do pass. HB 2015. Do pass by substitute.
Respectfully submitted,
Senator Harris of the 27th District, Chairman

Mr. President:

The Committee on Urban and County Affairs has had under consideration the following

WEDNESDAY, MARCH 25, 1992

2675

bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SB 866. Do pass.

HB 2080. Do pass by substitute.

SB 867. Do pass.

HB 2081. Do pass.

HB 1654. Do pass by substitute.

HB 2086. Do pass.

HB 1740. Do pass.

HB 2087. Do pass.

HB 1757. Do pass by substitute.

HB 2090. Do pass.

HB 1785. Do pass by substitute.

HB 2091. Do pass.

HB 1844. Do pass by substitute.

HB 1780. Do pass by substitute.

HB 2078. Do pass by substitute.

HB 2077. Do pass as amended.

Respectfully submitted,

Senator Harris of the 27th District, Chairman

Mr. President:

The Committee on Youth, Aging and Human Ecology has had under consideration the following bill of the House and has instructed me to report the same back to the Senate with the following recommendation:
HB 1640. Do pass by substitute.
Respectfully submitted,
Senator Scott of the 36th District, Chairman

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

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.

SR 551. By Senators Hooks of the 14th, Scott of the 36th, Thompson of the 33rd and others:
A resolution urging the American Association of Toy Manufacturers to encourage the industry to exercise responsible leadership in the design and marketing of toys.

SR 555. By Senators Hammill of the 3rd, Echols of the 6th and Hill of the 4th:
A resolution creating the Senate Committee to Study Toxics Use Reduction and Pollution Prevention.

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 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

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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.
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 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 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 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 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 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 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.

WEDNESDAY, MARCH 25, 1992

2677

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 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 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.
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.
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.
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.
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.
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.
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.

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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.
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.
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 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.
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.
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.
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.
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.
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

WEDNESDAY, MARCH 25, 1992

2679

Authority; to provide that the Georgia Building Authority shall be a department of the state.
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.
HR 651. By Representatives Kingston of the 125th and Pelote of the 127th: A resolution compensating Savannah Concrete, Inc., Will D. Herrin, President.
HR 677. By Representative Ray of the 98th: A resolution compensating Ms. Tara Joyner Davidson.
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.
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.
HR 955. By Representative Padgett of the 86th: A resolution compensating Ms. Rosa L. Bedell.
HR 879. By Representative Murphy of the 18th: A resolution compensating Sandra K. Davis.
HR 1008. By Representative Perry of the 5th: A resolution designating J. C. "Jake" Woods Avenue in the City of Trion.
HR 1010. By Representative Holland of the 136th: A resolution designating the Scooterville Highway.
HR 1029. By Representative Oliver of the 121st: A resolution designating Coleman's Bridge.
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 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

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JOURNAL OF THE SENATE

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.
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 u,rton CCoollleimnsan Dawkins
j) ea [ Dean
Echols Edge
Egan
Foster

Gillis Hasty Henson Hill Hooks Huggms Johnson TTK^l-dJdJ f , Langford
Marable Moye
Newbill Perry
Phillips
Pollard

Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Starr So*tem buerg Tate
Taylor Turner
Tysinger Walker of 22nd
Walker of 43rd
White

Those not answering were Senators:

Alien Clay English Garner

Hammill Harris Perdue

Shumake Thompson Timmons

The Lieutenant Governor led the Senators in the Pledge of Allegiance to the Flag of the United States of America.

Senator Ragan of the 32nd introduced the doctor of the day, Dr. Byron Perry, of Mari etta, Georgia.

Senator Burton of the 5th introduced the chaplain of the day, Dr. Thomas L. Are, pas tor of Shallowford Presbyterian Church, Atlanta, Georgia, who offered scripture reading and prayer.

The following resolutions of the Senate were read and adopted:

SR 578. By Senator Phillips of the 9th: A resolution commending Deborah K. Simonds.

SR 579. By Senators Gillis of the 20th, Perdue of the 18th, Ray of the 19th and others:
A resolution recognizing and commending Mr. Don Pope, plant manager, McDonnell Douglas Corporation, Macon, Georgia.

WEDNESDAY, MARCH 25, 1992

2681

SR 580. By Senators Turner of the 8th and Perry of the 7th: A resolution commending and congratulating the Georgia Bankers Association.
SR 581. By Senator Hill of the 4th: A resolution commending Honorable Brent Walker.
SR 582. By Senator Ray of the 19th: A resolution commending Roy Umstattd.
SR 583. By Senator Dean of the 31st: A resolution recognizing Mildred Manning, owner and operator of Mildred's Cafe in Rockmart, Georgia.
SR 584. By Senator Dean of the 31st: A resolution recognizing the Pizza Farm Restaurant.
SR 585. By Senator Dean of the 31st: A resolution recognizing the Frontier Restaurant.
SR 586. By Senator Dean of the 31st: A resolution commending Billie Jo Working.
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 25, 1992
THIRTY-EIGHTH LEGISLATIVE DAY (The names listed with each bill are the Senators whose districts are affected by the legislation.)
SB 866 Broun, 46th CLARKE COUNTY A bill to amend an Act establishing the Unified Government of AthensClarke County, Georgia, approved March 2, 1990 (Ga. L. 1990, p. 3560), as amended, so as to provide how membership positions on the Athens-Clarke County Industrial Development Authority shall be construed as a result of the changes effected by the governmental reorganization which resulted in that Unified Government; to provide for legislative findings; to repeal con flicting laws; and for other purposes.
SB 867 Kidd, 25th BALDWIN COUNTY A bill to amend an Act providing for the election of members of the board of education of Baldwin County, approved April 3, 1972 (Ga. L. 1972, p. 3325), 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 elec tion of members; to provide for terms of office; to provide procedures; to pro vide for the submission of this Act to the United States Attorney General; to repeal a specific law; to repeal conflicting laws; and for other purposes.

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*HB 1654

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 for county purposes in the amount of $25,000.00 of the assessed value of the homestead for certain residents of that county; and for other purposes. (SUBSTITUTE)

HB 1740 Moye, 34th Langford, 35th Scott, 36th Tate, 38th Egan, 40th Newbill, 56th FULTON COUNTY
A bill to amend an Act providing for the number 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; and for other purposes.

*HB 1757

Phillips, 9th White, 48th GWINNETT COUNTY
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; and for other purposes. (SUBSTITUTE)

*HB 1785

Moye, 34th Langford, 35th Scott, 36th Tate, 38th Egan, 40th Steinberg, 42nd Henson, 55th CITY OF ATLANTA
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; and for other pur poses. (SUBSTITUTE)

*HB 1844

English, 21st BURKE COUNTY
A bill to amend an Act creating the board of commissioners of Burke County, so as to change the composition of the commissioner districts; and for other purposes. (SUBSTITUTE)

*HB 2078

Bowen, 13th DOOLY COUNTY
A bill to amend an Act establishing the membership of the Board of Educa tion of Dooly county, so as to provide new education districts for the election of members of the board; and for other purposes. (SUBSTITUTE)

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2683

*HB 2080

Bowen, 13th DOOLY COUNTY
A bill to amend an Act creating a board of commissioners of Dooly County, so as to provide districts from which the members of the Board of Commis sioners of Dooly County shall be elected; and for other purposes. (SUBSTI TUTE)

HB 2081 Huggins, 53rd CHATTOOGA COUNTY
A bill to provide that the governing authority of the City of Summerville may conduct a nonbinding referendum on the question of whether to abolish the position of city manager and adopt the position of a full-time mayor; and for other purposes.

HB 2086 Garner, 30th Moye, 34th DOUGLAS COUNTY
A bill to amend the "Douglasville-Douglas County Water and Sewer Author ity Act," so as to provide for additional powers of the Authority with respect to certain contracts, agreements, leases, or other instruments; and for other purposes.

HB 2087 Garner, 30th Moye, 34th DOUGLAS COUNTY
A bill to amend an Act known as the "Douglas County Community Improve ment Districts Act," so as to provide for the activation of community im provement districts which include areas within the incorporated area of the City of Douglasville; and for other purposes.

HB 2090 Timmons, llth EARLY COUNTY
A bill to amend an Act creating a Board of Commissioners of Early County, so as to change the provisions relating to the commissioners districts in said county; and for other purposes.

HB 2091 Kidd, 25th WILKINSON COUNTY
A bill to provide a $15,000.00 homestead exemption from certain ad valorem taxes levied by, for, or on behalf of the Wilkinson County School District for residents of that district who are 62 years of age or older and whose net in come does not exceed $15,000.00; and for other purposes.

*HB 1780

Moye, 34th Langford, 35th Scott, 36th Tate, 38th Egan, 40th Steinberg, 42nd Henson, 55th CITY OF ATLANTA
A bill to provide a homestead exemption from certain City of Atlanta School District ad valorem taxes for educational purposes in the amount of

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$25,000.00 of the assessed value of the homestead for certain residents of that school district; and for other purposes. (SUBSTITUTE)

*HB 2077

Coleman, 1st Alien, 2nd Hammill, 3rd CHATHAM COUNTY
A bill to create the Savannah Development and Renewal Authority; and for other purposes. (AMENDMENT)

The amendment and substitutes to the following bills were put upon their adoption:

*HB 2077:

The Senate Committee on Urban and County Affairs offered the following amendment:

Amend HB 2077 by striking from lines 20 and 21 of page 10 the following: "or for use by the authority".

On the adoption of the amendment, the yeas were 46, nays 0, and the amendment was adopted.

*HB 1654:

The Senate Committee on Urban and County Affairs offered the following substitute to HB 1654:

A BILL
To be entitled an Act to provide a homestead exemption from certain Fulton 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 definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for the specific repeal of certain prior homestead exemptions; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. For 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 Fulton County, but not including taxes to retire bonded indebtedness.
(2) "Homestead" means homestead as defined and qualified in Code Section 48-5-40.
Section 2. Each resident of Fulton County is granted an exemption on that person's homestead from all Fulton County ad valorem taxes for county purposes in the amount of $15,000.00 of the assessed value of that homestead.
Section 3. The tax commissioner of Fulton County or the designee thereof shall provide application forms for the exemption granted by this Act and shall require such information as may be necessary to determine the eligibility of the owner for the exemption.
Section 4. The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A. The exemption 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 exemption under this Act to notify the tax commissioner of Fulton County or the designee thereof in the event that person for any reason becomes

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2685

ineligible for that exemption. Any person who, as of January 1 of the year immediately preceding the year the homestead exemption provided under this Act first becomes applica ble, has applied for and is eligible for the $10,000.00 homestead exemption from Fulton County and Fulton County school ad valorem taxes provided by a local constitutional amendment found at Ga. L. 1977, p. 1574, or the $10,000.00 homestead exemption from Fulton County and Fulton County school ad valorem taxes provided by a local constitu tional amendment found at Ga. L. 1978, p. 2367, shall be eligible for the exemption granted under this Act without further application if that person has applied for and been eligible for the immediately preceding year for such exemption.

Section 5. The exemption granted by this Act shall not apply to or affect any state taxes, municipal taxes, or Fulton County School District taxes for educational purposes. The homestead exemption granted by this Act shall be in lieu of and not in addition to any other homestead exemption applicable to Fulton County ad valorem taxes for county purposes.

Section 6. If this Act is approved in the referendum provided for in Section 8 of this Act, that local constitutional amendment providing a $10,000.00 homestead exemption from Fulton County and Fulton County school ad valorem taxes, Resolution Act No. 59; House Resolution No. 57-260; Ga. L. 1977, p. 1574, and that local constitutional amendment pro viding a $10,000.00 homestead exemption from Fulton County and Fulton County school ad valorem taxes, Resolution Act No. 124; Senate Resolution No. 311; Ga. L. 1978, p. 2367, which local constitutional amendments were continued in effect as statutory law pursuant to Article VII, Section II, Paragraph IV of the Constitution, are repealed effective at the last moment of December 31 of the first year in which the homestead exemption granted under this Act first becomes applicable; provided, however, that such repeal shall only become effective if an Act providing a $15,000.00 homestead exemption from Fulton County School District ad valorem taxes for educational purposes for certain school district residents who have annual incomes not exceeding $10,000.00 and who are 65 years of age or over or dis abled is also approved in a referendum conducted on the date of and in conjunction with the November, 1992, state-wide general election.

Section 7. The exemption granted by this Act shall apply to all taxable years beginning on or after January 1 of the year in which the amount of the 1990 Fulton County tax digest attributable to the residential classification increases by 30 percent or more.

Section 8. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Fulton County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of Fulton County for approval or rejection. The election superintendent shall conduct that election on the date of and in conjunction with the state-wide general election in November, 1992, and shall issue the call therefor not less than 30 nor more than 45 days prior to that date. The superinten dent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Fulton County. The ballot shall have written or printed thereon the words:

" [ ] YES [ ] NO

Shall the Act be approved which provides a homestead exemption from cer tain Fulton County ad valorem taxes for county purposes in the amount of $15,000.00 of the assessed value of the homestead for that county for certain residents of that county upon a 30 percent increase in the residential classi fication of the county tax digest and which repeals the existing $10,000.00 homestead exemptions from Fulton County and Fulton County school ad valorem taxes?"

All persons desiring to vote for approval of the Act shall vote "Yes," and those persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, then Sections 1 through 7 shall become of full force and effect immediately and shall be applicable to the taxable years specified in Section 7 of this Act. If Sections 1 through 7 of this Act are not so approved or if the election is not conducted as provided in this section, Sections 1 through 7 of this Act shall

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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 Fulton County. It shall be the superin tendent's duty to certify the result thereof to the Secretary of State.
Section 9. Except as otherwise provided in Section 8 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 10. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 0, nays 46, and the substitute was lost.
Senators Scott of the 36th, Tate of the 38th, Newbill of the 56th and others offered the following substitute to HB 1654:
A BILL
To be entitled an Act to provide a homestead exemption from certain Fulton 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 definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide that the exemption shall be in lieu of and not in addition to certain homestead exemptions; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. For 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 Fulton County, but not including taxes to retire bonded indebtedness.
(2) "Homestead" means homestead as defined and qualified in Code Section 48-5-40.
Section 2. Each resident of Fulton County is granted an exemption on that person's homestead from all Fulton County ad valorem taxes for county purposes in the amount of $15,000.00 of the assessed value of that homestead.
Section 3. The tax commissioner of Fulton County or the designee thereof shall provide application forms for the exemption granted by this Act and shall require such information as may be necessary to determine the eligibility of the owner for the exemption, and may require periodic certification by the owner that the owner occupies the residence as a homestead.
Section 4. The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A. The exemption shall be automatically renewed from year to year as long as the owner occupies the residence as a homestead and the owner certifies when requested by the tax commissioner of Fulton County that the owner occupies the residence as a homestead. It shall be the duty of any person granted the homestead exemption under this Act to notify the tax commissioner of Fulton County or the designee thereof in the event that person for any reason becomes ineligible for that exemption. Any person who, as of January 1 of the year immediately preceding the year the homestead exemption provided under this Act first becomes applicable, has applied for and is eligible for a homestead ex emption from Fulton County ad valorem taxes, shall be eligible for the exemption granted under this Act without further application if that person has applied for and been eligible for the immediately preceding year for such exemption.
Section 5. The exemption granted by this Act shall not apply to or affect any state taxes, municipal taxes, or Fulton County School District taxes for educational purposes. The homestead exemption granted by this Act shall be in lieu of and not in addition to any other

WEDNESDAY, MARCH 25, 1992

2687

homestead exemption applicable to Fulton County ad valorem taxes for county purposes. A person entitled to an exemption under a local law or local constitutional amendment in an amount greater than this exemption shall be entitled to such exemption in lieu of the ex emption granted by this Act.

Section 6. The exemption granted by this Act shall apply to all taxable years beginning on or after January 1 of the year in which the amount of the Fulton County tax digest attributable to the residential classification increases by 30 percent or more over the amount of the 1990 Fulton County tax digest attributable to the residential classification.

Section 7. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Fulton County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of Fulton County for approval or rejection. The election superintendent shall conduct that election on the date of and in conjunction with the state-wide general election in November, 1992, and shall issue the call therefor not less than 30 nor more than 45 days prior to that date. The superinten dent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Fulton County. The ballot shall have written or printed thereon the words:

"[ ] YES [ ] NO

Shall the Act be approved which provides a homestead exemption from cer tain Fulton County ad valorem taxes for county purposes in the amount of $15,000.00 of the assessed value of the homestead for that county for certain residents of that county upon a 30 percent increase in the residential classi fication of the county tax digest and which is in lieu of certain smaller ex isting homestead exemptions from Fulton County ad valorem taxes?"

All persons desiring to vote for approval of the Act shall vote "Yes," and those persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, then Sections 1 through 6 shall become of full force and effect immediately and shall be applicable to the taxable years specified in Section 6 of this Act. If Sections 1 through 6 of this Act are not so approved or if the election is not conducted as provided in this section, Sections 1 through 6 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 Fulton County. It shall be the superin tendent's duty to certify the result thereof to the Secretary of State.

Section 8. Except as otherwise provided in Section 7 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

Section 9. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 46, nays 0, and the substitute was adopted.

*HB 1757:

The Senate Committee on Urban and County Affairs offered the following substitute to HB 1757:

A BILL
To be entitled an Act to amend an Act creating a new charter for the City of Lawrenceville, approved March 28, 1986 (Ga. L. 1986, p. 4961), as amended by an Act approved March 30, 1989 (Ga. L. 1989, p. 4273), and an Act approved March 30, 1990 (Ga. L. 1990, p. 5114), so as to change the corporate limits of the city; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act creating a new charter for the City of Lawrenceville, approved March 28, 1986 (Ga. L. 1986, p. 4961), as amended by an Act approved March 30, 1989 (Ga. L. 1989, p. 4273), and Act approved March 30, 1990 (Ga. L. 1990, p. 5114), is amended by adding at the end of Appendix A the following:
"The following described property shall also be included within the corporate limits of the City of Lawrenceville:
All that tract or parcel of land lying and being in Land Lots 83 & 84 of the 5th District, Gwinnett County, Georgia, being known as Lot 16 of Venable Valley Farms as per plat recorded at Plat Book 4, Page 244, Gwinnett County, Georgia Records, which plat is incor porated herein by reference. Said tract containing 5.185 acres, more or less.
Less and Except any portion of the property previously conveyed to Gwinnett County, in fee simple, for Right-of-Way purposes. Said parcel is designated Tax Parcel 5-84-37 ac cording to the Gwinnett County Tax Maps."
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.
*HB 1780:
The Senate Committee on Urban and County Affairs offered the following substitute to HB 1780:
A BILL
To be entitled an Act to provide a homestead exemption from certain City of Atlanta 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 definitions; to specify the terms and conditions of the exemption and the procedures relat ing thereto; to provide for the specific repeal of a certain prior homestead exemption; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. For purposes of this Act, the term:
(1) "Ad valorem taxes for educational purposes" means all ad valorem taxes for educa tional purposes levied by, for, or on behalf of the City of Atlanta School District, but not including taxes to retire school bond indebtedness.
(2) "Homestead" means homestead as defined and qualified in Code Section 48-5-40.
Section 2. Each resident of the City of Atlanta School District is granted an exemption on that person's homestead from all City of Atlanta School District ad valorem taxes for educational purposes in the amount of $15,000.00 of the assessed value of that homestead.
Section 3. The tax commissioner of Fulton County or the designee thereof shall provide application forms for the exemption granted by this Act and shall require such information as may be necessary to determine the eligibility of the owner for the exemption.
Section 4. The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A. The exemption 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 exemption under this Act to notify the tax commissioner of Fulton County or the designee thereof in the event that person for any reason becomes ineligible for that exemption. Any person who, as of January 1 of the year immediately

WEDNESDAY, MARCH 25, 1992

2689

preceding the year the homestead exemption provided under this Act first becomes applica ble, has applied for and is eligible for the $10,000.00 homestead exemption from City of Atlanta and City of Atlanta School District ad valorem taxes provided by a local Act ap proved March 30, 1989 (Ga. L. 1989, p. 4229), shall be eligible for the exemption granted under this Act without further application if that person has applied for and has been eligi ble for the immediate preceding year for such exemption.

Section 5. The exemption granted by this Act shall not apply to or affect any state taxes, City of Atlanta taxes for city purposes, county school district taxes for educational purposes, or county taxes for county purposes. The homestead exemption granted by this Act shall be in lieu of and not in addition to any other homestead exemption applicable to City of Atlanta School District ad valorem taxes for educational purposes.

Section 6. If this Act is approved in the referendum provided for in Section 8 of this Act, the local Act providing for the $10,000.00 homestead exemption from City of Atlanta and City of Atlanta School District ad valorem taxes approved March 30, 1989 (Ga. L. 1989, p. 4229), is repealed effective at the last moment of December 31 of the first year in which the homestead exemption granted under this Act first becomes applicable; provided, how ever, that such repeal shall only become effective if an Act providing for a $15,000.00 home stead exemption from City of Atlanta ad valorem taxes for city purposes for certain school district residents is also approved in a referendum conducted on the date of and in conjunc tion with the November, 1992, state-wide general election.

Section 7. The exemption granted by this Act shall apply to all taxable years beginning on or after January 1 of the year in which the amount of the 1990 Fulton County tax digest attributable to the residential classification increases by 30 percent or more.

Section 8. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of the City of Atlanta shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the City of Atlanta School District for approval or rejection. The election superintendent shall conduct that election on the date of and in conjunction with the state-wide general election in November, 1992, and shall issue the call therefore not less than 30 nor more than 45 days prior to that date. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Fulton County. The ballot shall have written or printed thereon the words:

"[ ] YES [ ] NO

Shall the Act be approved which provides a homestead exemption from cer tain City of Atlanta 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 district upon a 30 percent increase in the residen tial classification of the county tax digest and which repeals the existing $10,000.00 exemptions from City of Atlanta and City of Atlanta School Dis trict ad valorem taxes?"

All persons desiring to vote for approval of the Act shall vote "Yes," and those persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, then Sections 1 through 7 shall become of full force and effect immediately and shall be applicable to all taxable years specified in Section 7 of this Act. If Sections 1 through 7 of this Act are not so approved or if the election is not conducted as provided in this section, Sections 1 through 7 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 the City of Atlanta. It shall be the superintendent's duty to certify the result thereof to the Secretary of State.

Section 9. Except as otherwise provided in Section 8 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

Section 10. All laws and parts of laws in conflict with this Act are repealed.

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On the adoption of the substitute, the yeas were 0, nays 46, and the substitute was lost.
Senators Scott of the 36th, Tate of the 38th, Moye of the 34th and others offered the following substitute to HB 1780:
A BILL
To be entitled an Act to provide a homestead exemption from certain City of Atlanta 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 definitions; to specify the terms and conditions of the exemption and the procedures relat ing thereto; to provide that the exemption shall be in lieu of and not in addition to certain homestead exemptions; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. For purposes of this Act, the term:
(1) "Ad valorem taxes for educational purposes" means all ad valorem taxes for educa tional purposes levied by, for, or on behalf of the City of Atlanta School District, but not including taxes to retire school bond indebtedness.
(2) "Homestead" means homestead as defined and qualified in Code Section 48-5-40.
Section 2. Each resident of the City of Atlanta School District is granted an exemption on that person's homestead from all City of Atlanta School District ad valorem taxes for educational purposes in the amount of $15,000.00 of the assessed value of that homestead.
Section 3. The tax commissioner of Fulton County or the designee thereof shall provide application forms for the exemption granted by this Act and shall require such information as may be necessary to determine the eligibility of the owner for the exemption and may require periodic certification by the owner that the owner occupies the residence as a homestead.
Section 4. The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A. The exemption shall be automatically renewed from year to year as long as the owner occupies the residence as a homestead and the owner certifies when requested by the tax commissioner of Fulton County or the designee thereof that the owner occupies the residence as a homestead. It shall be the duty of any person granted the home stead exemption under this Act to notify the tax commissioner of Fulton County or the designee thereof in the event that person for any reason becomes ineligible for that exemp tion. Any person who, as of January 1 of the year immediately preceding the year the home stead exemption provided under this Act first becomes applicable, has applied for and is eligible for a homestead exemption from the City of Atlanta, shall be eligible for the exemp tion granted under this Act without further application if that person has applied for and has been eligible for the immediate preceding year for such exemption.
Section 5. The exemption granted by this Act shall not apply to or affect any state taxes, City of Atlanta taxes for city purposes, county school district taxes for educational purposes, or county taxes for county purposes. The homestead exemption granted by this Act shall be in lieu of and not in addition to any other homestead exemption applicable to City of Atlanta School District ad valorem taxes for educational purposes. A person entitled to an exemption under local law or local constitutional amendment in an amount greater than this exemption shall be entitled to such exemption in lieu of the exemption granted by this Act.
Section 6. The exemption granted by this Act shall apply to all taxable years beginning on or after January 1 of the year in which the amount of the Fulton County tax digest attributable to the residential classification increases by 30 percent or more over the amount of the 1990 Fulton County tax digest attributable to the residential classification.
Section 7. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the

WEDNESDAY, MARCH 25, 1992

2691

election superintendent of the City of Atlanta shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the City of Atlanta School District for approval or rejection. The election superintendent shall conduct that election on the date of and in conjunction with the state-wide general election in November, 1992, and shall issue the call therefor not less than 30 nor more than 45 days prior to that date. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Fulton County. The ballot shall have written or printed thereon the words:

"[ ] YES [ ] NO

Shall the Act be approved which provides a homestead exemption from cer tain City of Atlanta 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 district upon a 30 percent increase in the residen tial classification of the Fulton County tax digest and which is in lieu of certain smaller existing homestead exemptions?"

All persons desiring to vote for approval of the Act shall vote "Yes," and those persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, then Sections 1 through 6 shall become of full force and effect immediately and shall be applicable to all taxable years specified in Section 6 of this Act. If Sections 1 through 6 of this Act are not so approved or if the election is not conducted as provided in this section, Sections 1 through 6 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 the City of Atlanta. It shall be the superintendent's duty to certify the result thereof to the Secretary of State.

Section 8. Except as otherwise provided in Section 7 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

Section 9. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 46, nays 0, and the substitute was adopted.

*HB 1785:

The Senate Committee on Urban and County Affairs offered the following substitute to HB 1785:

A BILL
To be entitled an Act to provide a homestead exemption from certain City of Atlanta ad valorem taxes for city purposes in the amount of $15,000.00 of the assessed value of the homestead for certain residents of that city; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for the specific repeal of certain prior homestead exemptions; to provide for applicability; to pro vide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. For purposes of this Act, the term:
(1) "Ad valorem taxes for city purposes" means all ad valorem taxes.for city purposes levied by, for, or on behalf of the City of Atlanta, but not including taxes to retire bonded indebtedness.
(2) "Homestead" means homestead as defined and qualified in Code Section 48-5-40.
Section 2. Each resident of the City of Atlanta is granted an exemption on that person's

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homestead from all City of Atlanta ad valorem taxes for city purposes in the amount of $15,000.00 of the assessed value of that homestead.

Section 3. The tax commissioner of Fulton County or the designee thereof shall provide application forms for the exemption granted by this Act and shall require such information as may be necessary to determine the eligibility of the owner for the exemption.

Section 4. The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A. The exemption 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 exemption under this Act to notify the tax commissioner of Fulton County or the designee thereof in the event that person for any reason becomes ineligible for that exemption. Any person who, as of January 1 of the year immediately preceding the year the homestead exemption provided under this Act first becomes applica ble, has applied for and is eligible for the $5,000.00 or $10,000.00 homestead exemption from City of Atlanta ad valorem taxes provided by a local constitutional amendment found at Ga. L. 1977, p. 1587, or the $10,000.00 homestead exemption from City of Atlanta and City of Atlanta School District ad valorem taxes provided by a local Act approved March 30, 1089 (Ga. L. 1989, p. 4229), shall be eligible for the exemption granted under this Act without further application if that person has applied for and been eligible for the immediately pre ceding year for such exemption.

Section 5. The exemption granted by this Act shall not apply to or affect any state taxes, City of Atlanta School District taxes for educational purposes, county taxes for county purposes, or county school district taxes for educational purposes. The homestead exemption granted by this Act shall be in lieu of and not in addition to any other homestead exemption applicable to City of Atlanta ad valorem taxes for city purposes.

Section 6. If this Act is approved in the referendum provided for in Section 8 of this Act, that local constitutional amendment providing a $5,000.00 and $10,000.00 homestead exemption from City of Atlanta ad valorem taxes, Resolution Act No. 65; House Resolution No. 172-698; Ga. L. 1977, p. 1587, which local constitutional amendment was continued in force and effect as statutory law pursuant to Article VII, Section II, Paragraph IV of the Constitution, and the local Act providing for a $10,000.00 homestead exemption from City of Atlanta and City of Atlanta School District ad valorem taxes approved March 30, 1989 (Ga. L. 1989, p. 4229), are repealed effective at the last moment of December 31, of the first year in which the homestead exemption granted under this Act first becomes applicable; provided, however, that such repeal shall only become effective if an Act providing a $15,000.00 homestead exemption from City of Atlanta School District ad valorem taxes for educational purposes for certain school district residents is also approved in a referendum conducted on the date of and in conjunction with the November, 1992, state-wide general election.

Section 7. The exemption granted by this Act shall apply to all taxable years beginning on or after January 1 of the year in which the amount of the 1990 Fulton County tax digest attributable to the residential classification increases by 30 percent or more.

Section 8. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of the City of Atlanta shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the City of Atlanta for approval or rejection. The election superintendent shall conduct that election on the date of and in conjunction with the state-wide general election in November, 1992, and shall issue the call therefor not less than 30 nor more than 45 days prior to that date. The super intendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Fulton County. The ballot shall have written or printed thereon the words:

"[ ] YES [ ] NO

Shall the Act be approved which provides a homestead exemption from cer tain City of Atlanta ad valorem taxes for county purposes in the amount of $15,000.00 of the assessed value of the homestead for certain residents of

WEDNESDAY, MARCH 25, 1992

2693

that city upon a 30 percent increase in the residential classification of the county tax digest and which repeals the existing $5,000.00 and $10,000.00 exemptions from City of Atlanta ad valorem taxes and the $10,000.00 ex emption from City of Atlanta School District ad valorem taxes?"
All persons desiring to vote for approval of the Act shall vote "Yes," and those persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, then Sections 1 through 7 shall become of full force and effect immediately and shall be applicable to the taxable years specified in Section 7 of this Act. If Sections 1 through 7 of this Act are not so approved or if the election is not conducted as provided in this section, Sections 1 through 7 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 the City of Atlanta. It shall be the superintendent's duty to certify the result thereof to the Secretary of State.
Section 9. Except as otherwise provided in Section 8 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 10. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 0, nays 46, and the substitute was lost.
Senators Tate of the 38th, Scott of the 36th, Moye of the 34th and others offered the following substitute to HB 1785:
A BILL
To be entitled an Act to provide a homestead exemption from certain City of Atlanta ad valorem taxes for city purposes in the amount of $15,000.00 of the assessed value of the homestead for certain residents of that city; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide that the exemption shall be in lieu of and not in addition to certain homestead exemptions; to pro vide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. For purposes of this Act, the term:
(1) "Ad valorem taxes for city purposes" means all ad valorem taxes for city purposes levied by, for, or on behalf of the City of Atlanta, but not including taxes to retire bonded indebtedness.
(2) "Homestead" means homestead as defined and qualified in Code Section 48-5-40.
Section 2. Each resident of the City of Atlanta is granted an exemption on that person's homestead from all City of Atlanta ad valorem taxes for city purposes in the amount of $15,000.00 of the assessed value of that homestead.
Section 3. The tax commissioner of Fulton County or the designee thereof shall provide application forms for the exemption granted by this Act, shall require such information as may be necessary to determine the eligibility of the owner for the exemption, and may re quire periodic certification by the owner that the owner occupies the residence as a homestead.
Section 4. The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A. The exemption shall be automatically renewed from year to year as long as the owner occupies the residence as a homestead and the owner certifies when re quested by the tax commissioner of Fulton County or the designee thereof that the owner occupies the residence as a homestead. It shall be the duty of any person granted the home stead exemption under this Act to notify the tax commissioner of Fulton County or the

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designee thereof in the event that person for any reason becomes ineligible for that exemp tion. Any person who, as of January 1 of the year immediately preceding the year the home stead exemption provided under this Act first becomes applicable, has applied for and is eligible for a homestead exemption from City of Atlanta ad valorem taxes shall be eligible for the exemption granted under this Act without further application if that person has applied for and been eligible for the immediately preceding year for such exemption.

Section 5. The exemption granted by this Act shall not apply to or affect any state taxes, City of Atlanta School District taxes for educational purposes, county taxes for county purposes, or county school district taxes for educational purposes. The homestead exemption granted by this Act shall be in lieu of and not in addition to any other homestead exemption applicable to City of Atlanta ad valorem taxes for city purposes. A person enti tled to an exemption under local law or local constitutional amendment in an amount greater than this exemption shall be entitled to such exemption in lieu of the exemption granted by this Act.

Section 6. The exemption granted by this Act shall apply to all taxable years beginning on or after January 1 of the year in which the amount of the Fulton County tax digest attributable to the residential classification increases by 30 percent or more over the amount of the 1990 Fulton County tax digest attributable to the residential classification.

Section 7. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of the City of Atlanta shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the City of Atlanta for approval or rejection. The election superintendent shall conduct that election on the date of and in conjunction with the state-wide general election in November, 1992, and shall issue the call therefor not less than 30 nor more than 45 days prior to that date. The super intendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Fulton County. The ballot shall have written or printed thereon the words:

"[ ] YES [ ] NO

Shall the Act be approved which provides a homestead exemption from cer tain City of Atlanta ad valorem taxes for city purposes in the amount of $15,000.00 of the assessed value of the homestead for certain residents of that city upon a 30 percent increase in the residential classification of the Fulton County tax digest and which is in lieu of certain existing smaller homestead exemptions from City of Atlanta ad valorem taxes?"

All persons desiring to vote for approval of the Act shall vote "Yes," and those persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, then Sections 1 through 6 shall become of full force and effect immediately and shall be applicable to the taxable years specified in Section 6 of this Act. If Sections 1 through 6 of this Act are not so approved or if the election is not conducted as provided in this section, Sections 1 through 6 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 the City of Atlanta. It shall be the superintendent's duty to certify the result thereof to the Secretary of State.

Section 8. Except as otherwise provided in Section 7 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

Section 9. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 46, nays 0, and the substitute was adopted.

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*HB 1844:
The Senate Committee on Urban and County Affairs offered the following substitute to HB 1844:
A BILL
To be entitled an Act to amend an Act creating the board of commissioners of Burke County, approved August 21, 1911 (Ga. L. 1911, p. 390), 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; 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 Burke County, approved Au gust 21, 1911 (Ga. L. 1911, p. 390), as amended, is amended by striking Section 1 and in serting in its place a new Section 1 to read as follows:
"Section 1. (a) There shall be a board of commissioners of Burke County which shall consist of five members. For the purpose of electing members of the board of commissioners, Burke County is divided into five commissioner districts as follows:
Commissioner District: 1
BURKE COUNTY VTD: 0003 GOUGH VTD: 0005 KEYSVILLE (Part) Tract: 9502. Block(s): 106, 107, 108A, 108B, 204A, 205, 206A, 206B, 207A, 207B, 207C, 208A, 208B, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223A, 223B, 224, 225, 226, 227, 228, 229A, 229B, 230, 231, 232A, 232B, 232C, 233, 234, 235, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 270, 271, 273, 274, 275, 276, 277, 278A, 278B, 279, 280, 281, 282, 283, 284, 285, 286, 287, 288, 289, 290, 291, 292, 293, 294, 295, 296, 297 VTD: 0006 MIDVILLE VTD: 0009 SCOTTS CROSSROAD VTD: 0011 ST CLAIR VTD: 0012 VIDETTE
Commissioner District: 2
BURKE COUNTY VTD: 0014 NORTH WAYNESBORO
Commissioner District: 3
BURKE COUNTY VTD: 0004 GREENS CUT AND FOUR POINTS VTD: 0005 KEYSVILLE (Part) Tract: 9502. Block(s): 101, 102, 103, 104, 105, 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, 201, 202, 203, 204B, 236, 237, 238, 239, 240, 251, 252. 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265, 266, 267, 268, 269, 272 VTD: 0010 SHELLBLUFF (Part) Tract: 9501. Block(s): 101, 102, 103, 115, 116, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 136, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 169B, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 183, 184, 185, 186, 187, 188, 193

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Commissioner District: 4
BURKE COUNTY VTD: 0001 ALEXANDER VTD: 0002 GIRAND VTD: 0007 MUNNERLYN VTD: 0008 SARDIS VTD: 0010 SHELLBLUFF (Part) Tract: 9501. Block(s): 134, 135, 152, 181, 182, 194, 195, 196, 197 Tract: 9506. Block(s): 107, 108, 122 VTD: 0015 SOUTH WAYNESBORO (Part) Tract: 9505. Block(s): 182, 412, 434, 435
Commissioner District: 5
BURKE COUNTY VTD: 0015 SOUTH WAYNESBORO (Part) Tract: 9503. Block(s): 174, 181, 182 Tract: 9504. Block(s): 228B, 229, 248, 249, 250, 251, 252, 253, 254, 255, 256A, 256B, 257, 258, 259, 260, 261, 262, 263, 264, 275, 276, 277, 278, 279, 280, 281, 282, 283, 284, 285, 286, 287, 288, 289, 290, 291, 292, 293 Tract: 9505. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111A, 111B, 112, 113A, 113B, 114, 115, 116, 117, 118A, 118B, 119, 120A, 120B, 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, 151A, 151B, 151C, 152A, 152B, 153, 154, 155, 156A, 156B, 156C, 157, 158A, 158B, 158C, 159, 160, 161, 162, 163, 164, 165, 166A, 166B, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 183, 184, 185, 186, 187, 188, 189, 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, 246, 247, 248, 249, 250, 251, 252, 253, 254, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315A, 315B, 316, 317A, 317B, 318, 319A, 319B, 320, 321, 322A, 322B, 323, 324A, 324B, 325A, 325B, 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, 384, 385, 386, 387, 388, 389, 390, 391, 392, 393, 394, 395, 396, 397, 405, 406, 407, 408, 409, 410, 411, 413, 438B, 439, 440, 441, 442, 443, 444, 445, 446, 447, 448, 449, 451, 484, 485, 486, 487, 488
(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 of 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

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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 Burke 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 Burke 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.
(c) Commissioner Districts 1, 2, 3, 4, and 5 as they existed on January 1, 1992, shall continue to be designated as Commissioner Districts 1, 2, 3, 4, and 5, respectively, but as newly described under this section on and after the date this subsection becomes effective in 1992, and members of the board serving from those former commissioner districts shall be deemed to be serving from and representing their respective districts as newly described under this section.
(d) The members of the board of commissioners in office on January 1, 1992, shall serve out the remainder of the terms to which they were elected, such terms expiring on Decem ber 31, 1992. At the general election in 1992 and every four years thereafter, the members of the board of commissioners shall be elected pursuant to this Act and shall serve for terms of four years and until their successors are elected and qualified and shall take office on Janu ary 1 immediately following their election.
(e) All primaries and elections under this Act shall be held in accordance with Chapter 2 of Title 21 of the O.C.G.A., the 'Georgia Election Code.'
(f) In order to be eligible for election to the board, candidates must be at least 28 years of age and must have been residents of the districts they seek to represent for at least one year next preceding the date of the general election. Commissioners shall be elected by the voters of the district they represent and candidates shall designate by commissioner district number the position they are seeking."
Section 2. Pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended, it shall be the duty of the county attorney of Burke 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 permissi ble 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 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 2078:
The Senate Committee on Urban and County Affairs offered the following substitute to HB 2078:
A BILL
To be entitled an Act to amend an Act establishing the membership of the Board of Education of Dooly County, approved April 6, 1967 (Ga. L. 1967, p. 2922), as amended by an Act approved April 9, 1981 (Ga. L. 1981, p. 4463), so as to provide new education dis tricts for the election of members of the board; to provide for definitions and inclusions; to provide that current members of the board shall serve for terms consistent with and from

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districts provided in the order of the United States District Court for the Middle District of Georgia in Civil Aciton No. 86-95-ALB-AMER; to provide for related matters; to provide for the election of successors to the current members of the board; to provide for submission of this Act to the United States Attorney General for approval; to repeal this Act in the event of a certain contingency; to invalidate certain certifications of political party candidates and certain notices of candidacy in the event of a certain contingency; to provide for a special primary, run-off election, and election; to provide for legislative intent; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act establishing the membership of the Board of Education of Dooly County, approved April 6, 1967 (Ga. L. 1967, p. 2922), as amended by an Act approved April 9, 1981 (Ga. L. 1981, p. 4463), is amended by striking Section 1 in its entirety and inserting in its place a new Section 1 to read as follows:
"Section 1. (a) The board of education of Dooly County shall be composed of five mem bers. For the purposes of electing the members of the board of education, the Dooly County school district shall be divided into five education districts described as follows:
Education District: 1
DOOLY COUNTY VTD: 0002 SIXTH 1012 (Part) Tract: 9703. Block(s): 104, 105, 106, 107, 109, 128, 129, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 148, 149, 158, 159, 172, 173, 178, 180, 181, 182, 183, 188, 189 VTD: 0003 THIRD 516 VTD: 0005 FINDLAY 1552 (Part) Tract: 9703. Block(s): 122, 124, 147, 150, 151, 152, 153, 154, 155, 156, 157, 160, 161, 162, 163, 164, 165, 171, 201 VTD: 0008 PINEHURST 1479 (Part) Tract: 9701. Block(s): 176, 330A, 331A, 336, 341, 342, 343, 344, 345, 346, 348, 349, 351, 355, 361, 362B, 364, 365, 366, 367A, 368, 369, 370, 371, 372, 373, 374, 375, 376, 377, 378, 379, 380, 381, 382, 383A, 383B, 384A, 384B, 389A Tract: 9703. Block(s): 114, 115, 116, 117, 118, 119, 120, 121, 123, 125, 126, 127 VTD: 0009 UNADILLA 1466 (Part) Tract: 9701. Block(s): 101, 102, 103, 104, 105, 106A, 106B, 106C, 107A, 107B, 108A, 108B, 109A, 109B, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 133, 137A, 137B, 138A, 138B, 138C, 139, 140, 141A, 141B, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151A, 151B, 152, 153, 154, 155, 156, 157, 158, 159, 172, 173, 174, 175, 195, 196, 197A, 197B, 201A, 201B, 202B, 228B, 229A, 229B, 231, 233, 234, 279A, 279B, 280B, 283, 284, 302B, 303B, 304B, 305, 306, 307, 337, 338, 339, 340, 347
Education District: 2
DOOLY COUNTY VTD: 0001 VIENNA 535 (Part) Tract: 9703. Block(s): 313B, 316, 317, 318, 319, 320, 321, 323, 324, 325, 326, 327, 343B, 344B, 345B VTD: 0005 FINDLAY 1552 (Part) Tract: 9703.

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Block(s): 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 220, 301, 302, 303, 304, 305, 306, 307, 312
VTD: 0006 BYROMVILLE 585 (Part) Tract: 9701. Block(s): 209, 210, 211, 216, 217, 218, 219, 220, 221, 222, 265, 266, 267, 268, 269, 270, 272, 312
VTD: 0008 PINEHURST 1479 (Part) Tract: 9701. Block(s): 320, 325, 326, 327, 328, 329, 330B, 331B, 332A, 332B, 333, 334A, 334B, 335A, 362A, 363, 367B, 385, 386, 387A, 387B, 388, 389B, 390, 391, 392, 393, 394, 395, 396, 397
VTD: 0009 UNADILLA 1466 (Part) Tract: 9701. Block(s): 127, 128, 129, 130, 131, 132, 134, 135, 136, 202A, 203, 204, 205, 206, 207, 208, 223, 224, 225, 226, 227, 228A, 228C, 230A, 230B, 232, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257A, 257B, 258, 259A, 259B, 260, 261, 262, 263, 264, 273, 274, 275, 276, 277, 278, 280A, 281, 282, 285, 286, 287, 288, 289, 290, 291, 292, 293, 294, 295, 296, 297, 301, 302A, 303A, 304A, 308, 309, 310, 311, 317, 318, 319, 335B
Education District: 3
DOOLY COUNTY VTD: 0001 VIENNA 535 (Part) Tract: 9703. Block(s): 166, 167, 168, 169, 170, 218, 219, 221A, 221B, 222B, 223, 224B, 225, 226B, 313A, 314, 315, 330, 331, 333, 336, 337, 338, 339, 340, 341A, 341B, 342, 343A, 344A, 345A, 346, 347, 348, 349, 350, 351, 368, 369, 370, 371, 372, 373, 374, 375, 376, 377, 378, 379, 380, 382, 383, 384, 385, 389, 390, 391, 392, 393, 394, 426B, 429B, 440B, 443B, 444, 449B, 450B, 451B, 454, 455, 456, 509, 510, 511, 512, 513, 514, 515B, 522, 523A, 523B, 524A, 524B, 525, 526, 527, 528, 529, 530, 531, 532, 556, 558, 559, 560, 562, 563, 564, 565, 566, 567, 568, 569, 570, 571, 572A, 572B, 573, 574, 575, 576, 577, 578A, 578B, 579, 580B, 581, 582, 583, 584, 585, 586 VTD: 0002 SIXTH 1012 (Part) Tract: 9703. Block(s): 174, 175, 176, 177, 179, 184, 185, 186, 187, 190, 191, 192, 193, 194, 195, 196, 501, 502, 503, 504, 505, 506, 507, 508, 533, 534, 535, 536, 537, 538, 539, 540, 541, 542, 543, 544, 545, 546, 547, 548, 549, 550, 551, 552, 553, 554, 555, 557, 561 VTD: 0004 DRAYTON 633 (Part) Tract: 9703. Block(s): 352, 353, 355, 358, 359, 360, 362, 363, 364, 365, 366, 367, 381, 386, 387, 388, 395, 396, 397 VTD: 0005 FINDLAY 1552 (Part) Tract: 9703. Block(s): 217
Education District: 4
DOOLY COUNTY VTD: 0001 VIENNA 535 (Part) Tract: 9703. Block(s): 222A, 224A, 226A, 227, 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, 253, 254, 255, 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, 426A, 427, 428, 429A, 430, 431, 432, 433, 434, 435, 436, 437, 438, 439, 440A, 441, 442, 443A, 445, 446, 447, 448, 449A, 450A, 451A, 452, 453, 515A, 516, 517, 518, 519, 520, 521, 580A, 587, 588, 589

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Education District: 5
DOOLY COUNTY VTD: 0001 VIENNA 535 (Part) Tract: 9703. Block(s): 311, 322, 328, 329, 334 VTD: 0004 DRAYTON 633 (Part) Tract: 9702. Block(s): 279, 280, 281, 282, 283, 284, 293, 294, 295, 296, 297 Tract: 9703. Block(s): 335, 354, 356, 357, 361 VTD: 0006 BYROMVILLE 585 (Part) Tract: 9701. Block(s): 212, 213, 214, 215, 271, 313, 314, 315, 316, 321, 322, 323, 324 Tract: 9702. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 117, 201, 203, 204, 205, 206, 207A, 207B, 208, 228A, 228B, 229A, 229B, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253A, 253B, 254, 255, 256A, 256B, 257, 258, 259A, 259B, 260, 261, 262, 263, 264, 265, 266A, 266B, 267A, 267B, 274A VTD: 0007 DOOLING 640 VTD: 0010 LILLY 1671
(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) Whenever the description of any education district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census map 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 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;
(5) Any part of the Dooly County school district 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
(6) Any part of the Dooly County school district which is described in this section as being included in a particular education district shall nevertheless not be included within such education district if such part is not contiguous to such education district. Such non contiguous 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."
Section 2. Said Act is further amended by striking Section 4 in its entirety and inserting in its place a new Section 4 to read as follows:
"Section 4. The board of education created by Section 2 of this Act shall become effec tive on January 1, 1993. The initial and subsequent members of said board shall be as follows:
(1) Effective January 1, 1993, the members representing Education Districts 2 and 4

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shall be the former members representing Education Districts 2 and 4, who were elected at the general election of 1990 pursuant to the order of the District Court for the Middle Dis trict of Georgia in Civil Action No. 86-95-ALB-AMER, entered September 26, 1986. Said members shall complete the terms of office to which they were elected, which shall expire on December 31, 1996. Effective January 1, 1993, the member representing Education District 3 shall be the former member representing Education District 3, who was elected at the general election in 1988 pursuant to the order of the District Court for the Middle District of Georgia in Civil Action No. 86-95-ALB-AMER, entered September 26, 1986. Said mem ber shall complete the term of office to which he was elected, which will expire on December 31, 1994. Successors to such members and future successors 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 six years and until their successors are elected and qualified.
(2) Candidates to represent Education Districts 1 and 5 shall be nominated at a special primary to be held on the third Tuesday in September, 1992. Members to represent such education districts shall be elected at a special election to be held on the date of and in conjunction with the general election of 1992 for terms of six years and until their successors are elected and qualified, and shall take office on January 1, 1993. Thereafter, successors shall be elected at the general election immediately preceding the expiration of terms and shall take office on the first day of January immediately following their election for terms of six 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 Board of Education of Dooly County to submit this Act to the United States Attorney General for approval. If, as of July 1, 1992, imple mentation 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. If implementation of this Act is permissible under the federal Voting Rights Act of 1965, as amended, on or before July 1, 1992, the following shall be void: (1) the certification of politi cal party candidates who qualified for party nomination for the office of member of the board of education in the general primary; (2) notices of candidacy for the office of member of the board of education in the general election; and (3) notices of intention of candidacy for the office of member of the board of education by write-in candidates. The election superintendent of Dooly County may refund any qualifying fee paid by any candidate whose certification, notice of candidacy, or notice of intention was voided pursuant to this section. Only candidates who have been certified by a political party as qualified for party nomina tion for the office of member of the board of education in the special primary shall be eligi ble to run in the special primary; only candidates nominated for the office of member of the board of education in the special primary, candidates who have filed notices of candidacy for the office of member of the board of education in the special election, and write-in candi dates for whom notice of intent of candidacy for the office of member of the board of educa tion has been given shall be eligible to run in the special election for the office of member of the board of education.
Section 4. (a) The election superintendent shall conduct a special primary election on the third Tuesday in September, 1992, after issuing the call therefor as provided by law. If necessary, a special primary run-off election shall be held as provided by law; the election superintendent shall conduct a special election on the date of the general election in No vember, 1992, after issuing the call therefor as provided by law.
(b) Candidates for members of the board of education to represent Education Districts 1 and 5, as such districts are described in this Act, shall be nominated in the special pri mary. Board of education members to represent such districts shall be elected at the special election to be held on the date of the general election.
Section 5. It is the purpose of this Act to reapportion the districts from which members of the Board of Education of Dooly County are to be elected in the special election to be held on the same date as the general election in 1992 and in subsequent general elections

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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 mem bers 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 6. 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 2080:
The Senate Committee on Urban and County Affairs offered the following substitute to HB 2080:
A BILL
To be entitled an Act to amend an Act creating a board of commissioners of Dooly County, approved August 18, 1913 (Ga. L. 1913, p. 373), as amended, particularly by an Act approved April 6, 1981 (Ga. L. 1981, p. 3703), so as to provide districts from which the members of the Board of Commissioners of Dooly County shall be elected; to provide for definitions and inclusions; to provide that current members of the board shall serve for the terms and from the districts provided in the order of the United States District Court for the Middle District of Georgia in Civil Action No. 86-95-ALB-AMER; to provide for related matters; to provide for the election of successors to the current members of the board; to provide for submission of this Act to the United States Attorney General for approval; to repeal this Act in the event of a certain contingency; to invalidate certain certifications of political party candidates and certain notices of candidacy in the event of a certain contin gency; to provide for a special primary, run-off election, and election; 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 Dooly County, approved Au gust 18, 1913 (Ga. L. 1913, p. 373), as amended, particularly by an Act approved April 6, 1981 (Ga. L. 1981, p. 3703), is amended by striking Section 2 in its entirety and inserting in its place a new Section 2 to read as follows:
"Section 2. (a) The Board of Commissioners of Dooly County shall be composed of five members. For the purpose of electing the members of the Board of Commissioners of Dooly County, Dooly County shall be divided into five commissioner districts described as follows:
Commissioner District: 1
DOOLY COUNTY VTD: 0002 SIXTH 1012 (Part) Tract: 9703. Block(s): 104, 105, 106, 107, 109, 128, 129, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 148, 149, 158, 159, 172, 173, 178, 180, 181, 182, 183, 188, 189 VTD: 0003 THIRD 516 VTD: 0005 FINDLAY 1552 (Part) Tract: 9703. Block(s): 122, 124, 147, 150, 151, 152, 153, 154, 155, 156, 157, 160, 161, 162, 163, 164, 165, 171, 201 VTD: 0008 PINEHURST 1479 (Part) Tract: 9701. Block(s): 176, 330A, 331A, 336, 341, 342, 343, 344, 345, 346, 348, 349, 351, 355,

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361, 362B, 364, 365, 366, 367A, 368, 369, 370, 371, 372, 373, 374, 375, 376, 377, 378, 379, 380, 381, 382, 383A, 383B, 384A, 384B, 389A Tract: 9703. Block(s): 114, 115, 116, 117, 118, 119, 120, 121, 123, 125, 126, 127 VTD: 0009 UNADILLA 1466 (Part) Tract: 9701. Block(s): 101, 102, 103, 104, 105, 106A, 106B, 106C, 107A, 107B, 108A, 108B, 109A, 109B, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 133, 137A, 137B, 138A, 138B, 138C, 139, 140, 141A, 141B, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151A, 151B, 152, 153, 154, 155, 156, 157, 158, 159, 172, 173, 174, 175, 195, 196, 197A, 197B, 201A, 201B, 202B, 228B, 229A, 229B, 231, 233, 234, 279A, 279B, 280B, 283, 284, 302B, 303B, 304B, 305, 306, 307, 337, 338, 339, 340, 347
Commissioner District: 2
DOOLY COUNTY VTD: 0001 VIENNA 535 (Part) Tract: 9703. Block(s): 313B, 316, 317, 318, 319, 320, 321, 323, 324, 325, 326, 327, 343B, 344B, 345B VTD: 0005 FINDLAY 1552 (Part) Tract: 9703. Block(s): 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 220, 301, 302, 303, 304, 305, 306, 307, 312 VTD: 0006 BYROMVILLE 585 (Part) Tract: 9701. Block(s): 209, 210, 211, 216, 217, 218, 219, 220, 221, 222, 265, 266, 267, 268, 269, 270, 272, 312 VTD: 0008 PINEHURST 1479 (Part) Tract: 9701. Block(s): 320, 325, 326, 327, 328, 329, 330B, 331B, 332A, 332B, 333, 334A, 334B, 335A, 362A, 363, 367B, 385, 386, 387A, 387B, 388, 389B, 390, 391, 392, 393, 394, 395, 396, 397 VTD: 0009 UNADILLA 1466 (Part) Tract: 9701. Block(s): 127, 128, 129, 130, 131, 132, 134, 135, 136, 202A, 203, 204, 205, 206, 207, 208, 223, 224, 225, 226, 227, 228A, 228C, 230A, 230B, 232, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257A, 257B, 258, 259A, 259B, 260, 261, 262, 263, 264, 273, 274, 275, 276, 277, 278, 280A, 281, 282, 285, 286, 287, 288, 289, 290, 291, 292, 293, 294, 295, 296, 297, 301, 302A, 303A, 304A, 308, 309, 310, 311, 317, 318, 319, 335B
Commissioner District: 3
DOOLY COUNTY VTD: 0001 VIENNA 535 (Part) Tract: 9703. Block(s): 166, 167, 168, 169, 170, 218, 219, 221A, 221B, 222B, 223, 224B, 225, 226B, 313A, 314, 315, 330, 331, 333, 336, 337, 338, 339, 340, 341A, 341B, 342, 343A, 344A, 345A, 346, 347, 348, 349, 350, 351, 368, 369, 370, 371, 372, 373, 374, 375, 376, 377, 378, 379, 380, 382, 383, 384, 385, 389, 390, 391, 392, 393, 394, 426B, 429B, 440B, 443B, 444, 449B, 450B, 451B, 454, 455, 456, 509, 510, 511, 512, 513, 514, 515B, 522, 523A, 523B, 524A, 524B, 525, 526, 527, 528, 529, 530, 531, 532, 556, 558, 559, 560, 562, 563, 564, 565, 566, 567, 568, 569, 570, 571, 572A, 572B, 573, 574, 575, 576, 577, 578A, 578B, 579, 580B, 581, 582, 583, 584, 585, 586 VTD: 0002 SIXTH 1012 (Part) Tract: 9703.

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Block(s): 174, 175, 176, 177, 179, 184, 185, 186, 187, 190, 191, 192, 193, 194, 195, 196, 501, 502, 503, 504, 505, 506, 507, 508, 533, 534, 535, 536, 537, 538, 539, 540, 541, 542, 543, 544, 545, 546, 547, 548, 549, 550, 551, 552, 553, 554, 555, 557, 561
VTD: 0004 DRAYTON 633 (Part) Tract: 9703. Block(s): 352, 353, 355, 358, 359, 360, 362, 363, 364, 365, 366, 367, 381, 386, 387, 388, 395, 396, 397
VTD: 0005 FINDLAY 1552 (Part) Tract: 9703. Block(s): 217
Commissioner District: 4
DOOLY COUNTY VTD: 0001 VIENNA 535 (Part) Tract: 9703. Block(s): 222A, 224A, 226A, 227, 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, 253, 254, 255, 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, 426A, 427, 428, 429A, 430, 431, 432, 433, 434, 435, 436, 437, 438, 439, 440A, 441, 442, 443A, 445, 446, 447, 448, 449A, 450A, 451A, 452, 453, 515A, 516, 517, 518, 519, 520, 521, 580A, 587, 588, 589
Commissioner District: 5
DOOLY COUNTY VTD: 0001 VIENNA 535 (Part) Tract: 9703. Block(s): 311, 322, 328, 329, 334 VTD: 0004 DRAYTON 633 (Part) Tract: 9702. Block(s): 279, 280, 281, 282, 283, 284, 293, 294, 295, 296, 297 Tract: 9703. Block(s): 335, 354, 356, 357, 361 VTD: 0006 BYROMVILLE 585 (Part) Tract: 9701. Block(s): 212, 213, 214, 215, 271, 313, 314, 315, 316, 321, 522, 323, 324 Tract: 9702. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 117, 201, 203, 204, 205, 206, 207A, 207B, 208, 228A, 228B, 229A, 229B, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253A, 253B, 254, 255, 256A, 256B, 257, 258, 259A, 259B, 260, 261, 262, 263, 264, 265, 266A, 266B, 267A, 267B, 274A VTD: 0007 DOOLING 640 VTD: 0010 LILLY 1671
(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) Whenever the description of any commissioner district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census map for the United States decennial census of 1990 for the State of Georgia;

WEDNESDAY, MARCH 25, 1992

2705

(4) 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;
(5) Any part of Dooly 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
(6) Any part of Dooly 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.
(c) Each candidate for election as commissioner must be a resident of the district he seeks to represent at the time he qualifies as a candidate. The election of each commissioner shall be by the voters of the district represented only."
Section 2. Said Act is further amended by striking Section 4 in its entirety and inserting in its place a new Section 4 to read as follows:
"Section 4. The board of commissioners created by Section 2 of this Act shall become effective on January 1, 1993. The initial and subsequent members of said board shall be as follows:
(1) Effective January 1, 1993, the commissioners representing Commissioner Districts 2 and 4 shall be the former commissioners representing Commissioner Districts 2 and 4, who were elected at the general election of 1990 pursuant to the order of the District Court for the Middle District of Georgia in Civil Action No. 86-95-ALB-AMER, entered September 26, 1986. Said commissioners shall complete the terms of office to which they were elected, which shall expire on December 31, 1996. Effective January 1, 1993, the commissioner repre senting Commissioner District 5 shall be the former commissioner representing Commis sioner District 5, who was elected at the general election in 1988 pursuant to the order of the District Court for the Middle District of Georgia in Civil Action No. 86-95-ALB-AMER, entered September 26, 1986. Said commissioner shall complete the term of office to which he was elected, which will expire on December 31, 1994. Successors to such members and future successors shall be elected at the general election immediately preceding the expira tion of the terms of office and shall take office on the first day of January immediately following their election for terms of six years and until their successors are elected and qualified.
(2) Candidates to represent Commissioner Districts 1 and 3 shall be nominated at a special primary to be held on the third Tuesday in September, 1992. Commissioners to re present such commissioner districts shall be elected at a special election to be held on the date of and in conjunction with the general election of 1992 for terms of six years and until their successors are elected and qualified, and shall take office on January 1, 1993. Thereaf ter, successors shall be elected at the general election immediately preceding the expiration of terms and shall take office on the first day of January immediately following their elec tion for terms of six 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 Dooly County to submit this Act to the United States Attorney General for approval. If, as of July 1, 1992, imple mentation 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. If implementation of this Act is permissible under the federal Voting Rights Act of 1965, as

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amended, on or before July 1, 1992, the following shall be void: (1) the certification of politi cal party candidates who qualified for party nomination for the office of commissioner in the general primary; (2) notices of candidacy for the office of commissioner in the general elec tion; and (3) notices of intention of candidacy for the office of commissioner by write-in candidates. The election superintendent of Dooly County may refund any qualifying fee paid by any candidate whose certification, notice of candidacy, or notice of intention was voided pursuant to this section. Only candidates who have been certified by a political party as qualified for party nomination for the office of commissioner in the special primary shall be eligible to run in the special primary; only candidates nominated for the office of commis sioner in the special primary, candidates who have filed notices of candidacy for the office of commissioner in the special election, and write-in candidates for whom notice of intent of candidacy for the office of commissioner has been given shall be eligible to run in the special election for the office of commissioner.
Section 4. (a) The election superintendent shall conduct a special primary election on the third Tuesday in September, 1992, after issuing the call therefor as provided by law. If necessary, a special primary run-off election shall be held as provided by law; the election superintendent shall conduct a special election on the date of the general election in No vember, 1992, after issuing the call therefor as provided by law.
(b) Candidates for commissioners to represent Commissioner Districts 1 and 3, as such districts are described in this Act, shall be nominated in the special primary. Commissioners to represent such districts shall be elected at the special election to be held on the date of the general election.
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 by substitutes.

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 Brown of 26th
Coleman Collins Dawkins DLJPC**a)i Dean Echols Edge English Foster Garner

Gillis Harris Hasty Henson Hill Huggins Johnson Kidd Langford Marable Moye Newbill Perdue Perry Phillips

Pollard Ragan of 32nd Ramsey Ray Robinson Starr Steinberg rTnat, e Taylor Thompson Timmons Turner Tysinger Walker of 43rd White

Those not voting were Senators:

Alien Bowen

Burton Egan

Hammill Hooks

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2707

Ragan of 10th Scott

Shumake

Walker of 22nd

On the passage of all the local bills, the yeas were 46, nays 0.

All the bills on the Senate Local Consent Calendar, except HB 1654, HB 1757, HB 1780, HB 1785, HB 1844, HB 2077, HB 2078 and HB 2080, having received the requisite constitutional majority, were passed.

HB 2077, having received the requisite constitutional majority, was passed as amended.

HB 1654, HB 1757, HB 1780, HB 1785, HB 1844, HB 2078 and HB 2080, having re ceived the requisite constitutional majority, were passed by substitute.

The following uncontested population bills of the House, favorably reported by the committee as listed on the SENATE GENERAL CONSENT CALENDAR FOR POPULA TION BILLS, were put upon their passage:

SENATE GENERAL CONSENT CALENDAR FOR POPULATION BILLS
Wednesday, March 25, 1992
THIRTY-EIGHTH LEGISLATIVE DAY

HB 1733 Dawkins, 45th NEWTON COUNTY

Ragan, 10th DECATUR COUNTY

Dean, 31st POLK COUNTY

Hill, 4th EFFINGHAM COUNTY

Gillis, 20th TOOMBS COUNTY
A bill to amend Code Section 36-62-4 of the O.C.G.A., relating to develop ment authorities created by local resolution, so as to provide that in certain counties the board of directors of development authorities created by consti tutional amendment may assume the powers and responsibilities of a devel opment authority created by local resolution pursuant to general law; and for other purposes.

HB 1817 Ragan, 32nd Thompson, 33rd Clay, 37th Newbill, 56th COBB COUNTY
Burton, 5th Tysinger, 41st Steinberg, 42nd Walker, 43rd Henson, 55th DEKALB COUNTY

Moye, 34th Langford, 35th Scott, 36th Tate, 38th Egan, 40th Newbill, 56th FULTON COUNTY

A bill to amend Code Section 31-3-4 of the O.C.G.A., 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

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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; and for other purposes.

HB 1878 Phillips, 9th White, 48th GWINNETT COUNTY

Garner, 30th Moye, 34th DOUGLAS COUNTY

Baldwin, 29th Garner, 30th CARROLL COUNTY

Hasty, 51st Ramsey, 54th WHITFIELD COUNTY

Albert, 23rd Pollard, 24th COLUMBIA COUNTY

A bill to amend Code Section 48-5-148 of the Official Code of Georgia Anno
tated, relating to interest on unpaid ad valorem taxes, rate, and records of interest and taxes collected, so as to change the provisions relating to popula tion brackets and the census relative to interest on unpaid ad valorem taxes in certain counties; and for other purposes.

HB 1882 Broun, 46th CLARKE COUNTY
Garner, 30th Moye, 34th DOUGLAS COUNTY

Baldwin, 29th Garner, 30th CARROLL COUNTY
Hasty, 51st Ramsey, 54th WHITFIELD COUNTY

A bill to amend Code Section 3-3-7 of the Official Code of Georgia Anno tated, relating to regulation of sales of alcoholic beverages on Sunday, so as to change the population bracket; and for other purposes.

HB 2042 Ragan, 32nd Thompson, 33rd Clay, 37th Newbill, 56th COBB COUNTY

Phillips, 9th White, 48th GWINNETT COUNTY

A bill to amend Code Section 48-5-24 of the Official Code of Georgia Anno tated, relating to payment of ad valorem taxes to counties, so as to revise the population figures describing counties in which taxes are due on August 15,
delinquent after October 15, interest accrues on delinquent taxes and pen alty, and tax collectors issue executions for delinquent taxes, penalties, and interest; and for other purposes.

HB 2043 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

Ragan, 32nd Thompson, 33rd Clay, 37th Newbill, 56th COBB COUNTY
Phillips, 9th White, 48th GWINNETT COUNTY

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2709

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 population figures describing the counties in which 4 percent commission is allowed for collection of intangible recording tax; and for other purposes.

HB 2057 Moye, 34th Langford, 35th Scott, 36th Tate, 38th Egan, 40th Newbill, 56th FULTON COUNTY

Ragan, 32nd Thompson, 33rd Clay, 37th Newbill, 56th COBB COUNTY

Burton, 5th Tysinger, 41st Steinberg, 42nd Walker, 43rd Henson, 55th DEKALB COUNTY
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; and for other purposes.
The report of the committee, which was favorable to the passage of the bills as re ported, was agreed to.

On the passage of all the bills on the SENATE 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 Broun of 46th Brown of 26th
Burton CrCD~ ooa,,lwl,yle.mkmisnans j)eal Dean Echols Edge Egan English

Foster Garner Gillis Harris Hasty Henson
Hill JH,ouh, g6ng6sionns Langford Marable Moye Newbill Perdue Perry Phillips

Pollard Ragan of 32nd Ramsey Ray Robinson Scott
Starr ~T_TS,taaeyt,ieln.obrerg6 Thompson Timmons Turner Tysinger Walker of 43rd White

Those not voting were Senators:

Bowen Hammill Hooks

Kidd Ragan of 10th

Shumake Walker of 22nd

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On the passage of all the population bills, the yeas were 49, 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
Wednesday, March 25, 1992
THIRTY-EIGHTH LEGISLATIVE DAY
HB 1346 Insurance Claim Settlement--acts constituting unfair practices (Amendment) (I&L--12th)
HB 1676 Motor Vehicle Liability Insurance Carrier--offering, accepting bars more claims (Amendment) (I&L--49th)
HB 1125 Ethics and Campaign Disclosure--comprehensive regulation (Substi tute) (Ethics--49th)
HB 1385 Comprehensive Solid Waste Management Act--powers of Board of Natural Re sources (Nat R--20th)
HB 1497 Food, Beverage/Standards, Labeling--define "spring water" (Amendments) (Nat R--16th)
HB 1322 Hunting--disposal of certain seized wildlife (Substitute) (Nat R--20th)
SR 465 Senate Nursing Facility Reimbursement Study Committee--create (Rules--42nd)
HB 601 Drug Testing for Certain Candidates--redefine illegal drug (Gov Op--25th)
HB 1871 Education--American sign language considered foreign language (Ed--5th)
HB 1739 Taxable Net Income--no gain recognized, certain residence sales (F&PU--30th)
HB 1779 Possessing, Distributing Certain Drugs--criminal offense, certain distance of parks (Substitute) (Judy--45th)
HB 1763 Family Violence Incidents--form used in reporting (Substitute) (Judy--44th)
HB 1532 Insurers--may invest in International Finance Corporation obligations (I&L--22nd)
HB 1539 Public Service Commission--collect fines from unauthorized household goods carriers (F&PU--45th)
HB 1004 Secretary of State--user fees for public information services (Substitute) (Amendment) (F&PU--44th)
(Pursuant to Senate Rule 143, final passage of the bill was suspended on March 24, 1992.)
HB 1642 Fire Sprinkler Act--cease and desist orders, certificate of competency (Amend ment) (I&L--37th)
HB 1397 Unclaimed Property--reduce time to presume abandoned (F&PU--45th)
HB 213 Mental Health Hearing for Out-Of-State Patient--expense reimbursement (Sub stitute) (S Judy--55th)
HB 1599 Adoption Hearing--certain investigations by child-placing agency (Substitute) (S Judy--28th)
HB 1482 School Capital Outlay Funds--exceptions for Bryan/Laurens Counties' systems (Substitute) (Ed--52nd)
HR 715 Heavy-Duty Equipment Vehicle--separate class for ad valorem tax (F&PU--16th)

WEDNESDAY, MARCH 25, 1992

2711

HB 1594 Teachers Retirement--reestablish service of certain persons who have withdrawn (Ret--38th)
HB 1693 Nonpublic Postsecondary Educational Institutions--exempt institutions of paper science, technology (H Ed--3rd)
HB 1929 Anatomical Gift Act--new provisions, definitions (Amendment) (H&HS--55th)
HB 1692 Land Bank Authority--extinguish school district taxes on property acquired (F&PU--41st)
HB 1225 Warehouses--license fees (Ag--21st)
HB 1202 Health Insurance--continuation rights, certain persons over 60 years of age (Substitute) (I&L--16th)
HB 1837 Quality Basic Education Act--content of certain courses (Amendment) (Ed--5th)
HB 501 Sheriffs' Retirement--prior service credit for filling vacancy (Substitute) (Ret--20th)
(Pursuant to Senate Rule 143, final passage of the bill was suspended on March 24, 1992.)
HB 1978 Beauty Pageant Operators--require registration (Substitute) (Gov Op--34th)
HB 1776 Acceptance of Plea of Insanity--examination (Judy--29th)
HB 1646 Health Insurance--filing of rate modification, loss ratio guarantees (I&L--12th)
HB 1068 Mentally 111--provisions on involuntary emergency treatment (Amendment) (H&HS--14th)
HB 1624 Radio Common Carriers--exception to establishing competing radio utility ser vice (I&L--12th)
HB 332 Sales Tax--exempt certain items paid for by state, federal funds (F&PU--44th)
HB 1933 State Officers, Employees--relating to insurance, reinsurance (Amendments) (I&L--12th)
HB 1460 Heavy-Duty Equipment Used for Construction Purposes--ad valorem taxation (F&PU--16th)
HB 1721 Criminal Procedure--claim by counties of restitution funds (S Judy--24th)
HB 1932 Issued, Outstanding Shares--preemptive rights to acquire shares (Substitute) (Judy--40th)
HB 1637 Used Motor Vehicle Auctioneer--consumer may recover from certain fund (Substitute) (Gov Op--25th)
HB 1212 Hotel-Motel Tax--apply to Stone Mountain Association, Jekyll Island Authority (Substitute) (F&PU--54th)
HB 1718 State Business License--provide evidence of before local business license issued (U&CA G--27th)
HB 1660 Seafood--possession limits, certain fish (Nat R--3rd)
HB 1756 Secondary Metals Recyclers--regulation (I&L--41st)
HB 1372 State Election Board--revise certain duties (Substitute) (Gov Op--25th)
HB 1979 Employee Injured Line of Duty' by Certain Mental Health Patient--benefits (F&PU--22nd)
HB 1518 Commerce and Trade--agency relationship, power of attorney (S Judy--55th)
HB 1847 Access by Physically Handicapped--certain multifamily dwellings (Amendment) (H&HS--22nd)
HB 1325 Official State 'Possum--designate Pogo (ED&T--6th)

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HB 1609 On-Site Sewage Management System--Department of Human Resources adopt minimum standards (H&HS--54th)
HB 634 Firemen's Retirement--credit for certain fireman, volunteer service (Ret--38th)
Respectfully submitted,
/s/ Nathan Dean of the 31st, Chairman Senate Rules Committee
The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage:

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.
Senate Sponsor: Senator Taylor of the 12th.

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

Amend HB 1346 by adding at the end of line 29 of page 5 the following: ", fidelity, or surety".
By adding on line 16 of page 6 after the word "compensation" and before the period the following:
", fidelity, or surety insurance".

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 Bowen Broun of 46th
Brown of 26th
Coeman Collins Dawkins Deai Dean Echols Edge Egan

English Foster Gillis
Harris
Hasty Henson
Hm Hooks
uu^ n Johnson Kidd Langford Marable Moye Newbill Perdue

Perry Pollard Ragan of 10th
Ragan of 32nd
Ramsey Ray
Robinson Scott ftarr Stemberg Tate Taylor Thompson Timmons Tysinger White

WEDNESDAY, MARCH 25, 1992

2713

Those not voting were Senators:

Garner Hammill Phillips

Shumake Turner

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

Walker of 22nd Walker of 43rd

The bill, having received the requisite constitutional majority, was passed as amended.
The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:

SB 159. By Senators Olmstead of the 26th and Albert of the 23rd:
A bill to amend Chapter 11 of Title 43 of the Official Code of Georgia Annotated, relating to the Georgia Board of Dentistry and the licensed practice of dentistry, so as to change the penalty for the practice of dentistry without a license.
The House substitute to SB 159 was as follows:

A BILL
To be entitled an Act to amend Chapter 11 of Title 43 of the Official Code of Georgia Annotated, relating to the Georgia Board of Dentistry and the licensed practice of dentistry, so as to change the penalty for subsequent convictions of the practice of dentistry without a license; to amend Code Section 43-34-27 of the Official Code of Georgia Annotated, relating to licensing requirements for persons engaged in practice of medicine, so as to authorize certain provisional licenses to practice medicine under certain conditions in certain areas for persons who have completed studies at certain nonapproved medical schools; to provide for the revocation of such provisional licenses; to provide for other related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 11 of Title 43 of the Official Code of Georgia Annotated, relating to the Georgia Board of Dentistry and the licensed practice of dentistry, is amended by strik ing in its entirety Code Section 43-11-50, relating to the penalty for the practice of dentistry without a license, and inserting in lieu thereof a new Code Section 43-11-50 to read as follows:
"43-11-50. Any person who practices dentistry in this state without obtaining a license to practice from the board shall be guilty of a misdemeanor upon conviction for the first such offense, a high and aggravated misdemeanor upon conviction for the second such offense, and a felony upon conviction for the third such offense."
Section 2. Code Section 43-34-27 of the Official Code of Georgia Annotated, relating to licensing requirements for persons engaged in practice of medicine, is amended by adding at its end a new subsection (c) to read as follows:
"(c) Notwithstanding any other contrary provisions of this Code section, a person who has:
(1) Completed the academic curriculum in residence in a nonapproved medical school, as specified in subsection (b) of this Code section;
(2) Completed one year of supervised clinical training in a teaching hospital in Georgia that is approved by the board;
(3) Satisfactorily completed one year of a board approved internship or residency train ing program in Georgia that is approved by the board;
(4) Received a favorable letter of recommendation from the program director of such board approved internship or residency program; and

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(5) Satisfactorily completed components 1 and 2 of the Federation Licensing Examina tion (FLEX)
shall be eligible to apply for a provisional license to practice medicine during the completion of such person's board approved internship or residency training program. Such provisional license, if approved by the board, shall allow the holder to practice medicine in a Health Professional Shortage Area designated as such by the United States Department of Health and Human Services, based on recommendations by the Georgia State Health Planning Agency. Such a provisional license shall not be approved pursuant to this subsection for more than two years and if the licensee leaves, quits, or is expelled from the approved resi dency program, the provisional license shall be deemed to be revoked. Such provisional li cense shall be issued only upon approval by the board and nothing contained herein shall be construed to require the issuance of such license."
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 Albert of the 23rd moved that the Senate agree to the House substitute to SB 159 as amended by following amendment:
Amend the House substitute to SB 159 by striking lines 1 through 14 of page 1 and inserting in lieu thereof the following:
"To amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to change the penalty for subsequent convictions of the practice of dentistry without a license; to prohibit the performance of surgery or other invasive proce dures by unlicensed persons; to authorize certain provisional licenses to practice medicine under certain conditions in certain areas for persons who have completed studies at certain nonapproved medical schools; to provide for the revocation of such provisional licenses; to authorize certain acts which are not prohibited by Chapter 34; to provide additional author ity to refuse to license or to discipline a licensee under Chapter 34 whose practices facilitate improper utilization of drugs; to provide for other matters; to provide an effective date; to repeal conflicting laws; and for other purposes."
By striking lines 16 through 18 of page 1 and inserting in lieu thereof the following:
"Section 1. Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, is amended".
By adding between lines 2 and 3 of page 2 new Sections 2 and 3 to read as follows:
"Section 2. Said title is further amended by striking Code Section 43-34-1, which reads as follows:
'43-34-1. (a) As used in this Code section, the term 'naturopathy' means a philosophy and system of the healing art embracing prevention, diagnosis, and treatment of human ills by the use of air, light, heat, cold, water, and manipulation, together with the use of such nutritional substances as are naturally found in and are required by the body; such treat ment avoids the use of drugs, surgery, X-rays, and radium therapy.
(b) Any person who practices naturopathy in this state in violation of this article shall be guilty of a misdemeanor.
(c) This Code section shall not apply to any person who is licensed to practice the healing arts under any other law of this state if the law under which such person is licensed authorizes the practice of naturopathy.',
in its entirety and inserting in its place a new Code Section 43-34-1 to read as follows:
'43-34-1. Only persons licensed under the laws of this state to practice medicine under this chapter, veterinarians licensed under Chapter 50 of this title, dentists licensed under Chapter 11 of this title, or podiatrists licensed under Chapter 35 of this title shall perform

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any surgery, operation, or invasive procedure in which human or animal tissue is cut, al tered, or otherwise infiltrated by the use of any mechanical means, laser, ionizing radiation, therapeutic ultrasound except as authorized in Code Section 43-9-16, medication adminis tered by injection, or the removal of foreign bodies from within the tissues of the eye.'
Section 3. Said title is further amended by striking paragraph (9) of subsection (b) of Code Section 43-34-26, relating to the practice of medicine without a license, and inserting in its place a new paragraph (9) to read as follows:
'(9) The utilization of a physician's assistant to perform tasks approved by the board, and the performance of such tasks by the physician's assistant; and, notwithstanding any other provision of this Code section to the contrary, the delegation by a physician to a qualified person deemed qualified by that physician, other than a physician's assistant, of any acts, duties, or functions which are otherwise permitted by law or established by cus tom; and the performance of such acts, duties, or functions by such a person other than a physician's assistant; or' ".
By striking lines 3 through 6 of page 2 and inserting in lieu thereof the following:
"Section 4. Said title is further amended by adding at the end of Code Section 43-34-27, relating to licensing requirements for persons engaged in the practice of medicine, a new subsection (c) to read as".
By adding between lines 6 and 7 of page 3 a new Section 5 to read as follows:
"Section 5. Said title is further amended by striking the word "or" at the end of para graph (12), by striking the period at the end of paragraph (13) and inserting in lieu thereof "; or", and by adding a new paragraph (14) of subsection (a) of Code Section 43-34-37, relating to the authority to refuse to license or discipline a physician, to read as follows:
'(14) Knowingly delegated to any person other than a physician in accordance with this chapter, a pharmacist in accordance with Chapter 4 of Title 26, a nurse in accordance with Chapter 26 of this title, with a nurse protocol which complies with Code Section 43-34-26.1, a physician's assistant in accordance with a job description complying with Article 4 of this chapter, or a dentist in accordance with Chapter 11 of this title the authority to prescribe, order, substitute, or dispense a drug, provided that nothing in this chapter or elsewhere in this Code shall be deemed to authorize a person to substitute a drug which is not pharmaceutically equivalent to the prescribed or ordered drug.' "
By renumbering Section 3 on line 7 of page 3 as Section 6.
By renumbering Section 4 on line 10 of page 3 as Section 7.

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 Clay Collins Dawkins Deal Dean Echols Edge

Egan 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 Thompson Turner Tysinger White

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Those voting in the negative were Senators:

Bowen Harris Langford

Scott Starr Steinberg

Tate Taylor Timmons

Those not voting were Senators:

Coleman Phillips

Shumake Walker of 22nd

Walker of 43rd

On the motion, the yeas were 42, nays 9; the motion prevailed, and the Senate agreed to the House substitute to SB 159 as amended by the Senate.

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

HB 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.
Senate Sponsors: Senators Deal of the 49th and Dawkins of the 45th.

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

Amend HB 1676 by adding on line 9 of page 1 after the semicolon and before the word "to" the following:
"to provide that a limited release shall not be admissible in evidence;".
By striking the word "or" at the end of line 22 of page 2.
By striking the period at the end of line 24 of page 2 and inserting in lieu thereof the following:
"; or".

By adding between lines 24 and 25 of page 2 the following: "(5) Be admissible in evidence before the trier of fact in the trial of a tort action.".

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 Bowen Broun of 46th

Brown of 26th Burton Clay Coleman Collins Dawkins

Deal Dean Echols Edge English Foster

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2717

Gillis Hammill Harris
TT , Huggins Johnson 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 White

Those not voting were Senators:

Egan Garner Kidd

Langford Phillips

Shumake Walker of 43rd

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

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

The following 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 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.

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

The House has adopted by the requisite constitutional majority the following resolution 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.

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The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage:
HB 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 Georgia Annotated, relating to the General Assembly, so as to repeal certain pro visions relating to lobbying.
Senate Sponsor: Senator Deal of the 49th.
The Senate Committee on Ethics offered the following substitute to HB 1125:
A BILL
To be entitled an Act to amend Chapter 5 of Title 21 of the Official Code of Georgia Annotated, known as the "Ethics in Government Act," so as to change certain definitions; to provide for penalties for certain persons who make campaign contributions; to provide for contribution limitations for all elected public officers; to reduce certain maximum allowable contributions; to provide for definitions; to provide for maximum allowable contributions by a political party; to prohibit the offer to give or the giving of any thing of value by lobbyists to public officers and public employees and members of their immediate families; to limit the offering or giving by any person registered or required to be registered as a lobbyist of a thing of value or series of things of value to a public officer, public employee, or member of the officer's or employee's immediate family; to provide for a definition of what a "thing of value" shall not include; to provide for enforcement; to change the provisions relating to financial disclosure statements by public officers; to provide for the reporting of certain hon oraria in financial disclosure statements; 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 registration under certain circumstances; to provide for renewal procedures and for continuous registra tion; to provide for registration fees; to provide for identification cards for lobbyists; to pro vide 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 provi sions of the law relating to registration of lobbyists with the Secretary of State; to change certain references to the provisions repealed; 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 follow ing retirement; to provide for exceptions; to provide that retired state employees or officials shall not register as lobbyists for a certain period following retirement; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 5 of Title 21 of the Official Code of Georgia Annotated, known as the "Ethics in Government Act," is amended by striking paragraph (15) of Code Section 21-5-3, relating to the definition of terms used in Chapter 5 of Title 21, the "Ethics in Government Act," and inserting in lieu thereof new paragraphs (14.1) and (15) to read as follows:
"(14.1) 'Public employee' means every person employed by the executive, legislative, or judicial branch of state government, or any department, board, bureau, agency, commission,

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or authority thereof, or any county, municipality, board of education, political subdivision, or other governmental entity!
(15) 'Public officer' means:
(A) Every constitutional officer;
(B) Every elected state official;
(C) The executive head of every state department or agency, whether elected or appointed;
(D) Each member of the General Assembly;
(E) The executive director of each state board or authority and the members thereof;
(F) Every elected county official, every elected county or area school superintendent, and every elected member of a county or area board of education; am!
(G) Every elected municipal official."
Section 2. Said chapter is further amended by striking subsection (f) of Code Section 21-5-30, relating to contributions made to candidates or campaign committees or for recall of a public officer, and inserting in lieu thereof a new subsection (f) to read as follows:
"(f) A person acting on behalf of a public utility corporation regulated by the Public Service Commission shall not make, directly or indirectly, any contribution to a political campaign. Any person who knowingly violates this subsection 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."
Section 3. Said chapter is further amended by adding two new paragraphs immediately following paragraph (6) of Code Section 21-5-40, relating to definitions regarding campaign contributions, to be designated paragraphs (6.1) and (6.2), to read as follows:
"(6.1) 'Political party' means any political organization which at the preceding:
(A) Gubernatorial election nominated a candidate for Governor and whose candidate for Governor at such election polled at least 20 percent of the total vote cast in the state for Governor; or
(B) Presidential election nominated a candidate for President of the United States and whose candidates for presidential electors at such election polled at least 20 percent of the total vote cast in the nation for that office.
(6.2) 'Public office" means the office of each elected public officer as specified in para graph (15) of Code Section 21-5-3."
Section 4. Said chapter is further amended by striking subsection (a) of Code Section 21-5-41, relating to maximum allowable contributions by persons or partnerships, and in serting in its place a new subsection (a) to read as follows:
"(a) No person shall for any election make contributions to any candidate for state-wide elected public office or the General Assembly which in the aggregate exceed $8,600.00 $1,OOO.OOT"----
Section 5. Said chapter 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. No corporation shall for any election make contributions to any candidate for atotc-widc elected public office or the General Assembly which in the aggregate, together with any contributions to the same candidate for the same election by any affiliated corpo rations, exceed $3,600.00 $1,000.00."
Section 6. Said chapter is further amended by striking Code Section 21-5-43, relating to

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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. No political committee shall for any election make contributions to any candi date for atatc wide elected public office or the General Assembly which in the aggregate, together with any contributions to the same candidate for the same election by any affiliated political committees, exceed $8,600.00 $1,000.00."
Section 7. Said chapter is further amended by adding a new Code section immediately following Code Section 21-5-43, to be designated Code Section 21-5-43.1, to read as follows:
"21-5-43.1. No political party shall for any election make contributions to any candidate for public office which in the aggregate exceed $1,000.00."
Section 8. Said chapter 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 9. Said chapter 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 10. Said chapter is further amended by adding a new Article 2B to read as follows:
"ARTICLE 2B
21-5-46. (a) It shall be unlawful for any person registered or required to be registered as a lobbyist pursuant to Code Section 21-5-71 to offer to give or to give any thing of value to a public officer, public employee, or a member of such officer's or employee's immediate family.
(b) As used in subsection (a) of this Code section and in Code Section 16-10-2, a 'thing of value' shall not include any of the following:
(1) Promotional items distributed to the general public;
(2) Food, beverages, and registration at group events to which all members of an agency, as defined in paragraph (1) of subsection (a) of Code Section 21-5-30.2, are invited. An agency shall include the Georgia House of Representatives, the Georgia Senate, and the governing body of each political subdivision of this state;
(3) Actual and reasonable expenses for food, beverages, travel, lodging, and registration for a meeting which are provided to permit participation in a panel or speaking engagement at the meeting;
(4) Informational material relevant to a public officer's or public employee's official functions, such as books, pamphlets, reports, documents, or periodicals;
(5) Actual and reasonable expenses, not to exceed $25.00, for food and refreshment in the ordinary course of a breakfast, lunch, or dinner business meeting, a public appearance, or an inspection tour where the public officer or public employee is properly in attendance as part of his or her official duties, provided that the total cost of such food and refreshment provided to a public officer or public employee by any lobbyist shall not exceed $100.00 per public officer or public employee for any calendar year; or

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(6) An award, plaque, certificate, memento, or similar item given in recognition of the recipient's civic, charitable, or professional service.
(c) Nothing in this Code section shall apply to campaign contributions.
21-5-47. Whenever it may appear to the commission, either upon complaint or other wise, that any person has engaged in or is engaging in any transaction which is declared to be unlawful under this article, the commission may investigate, hear evidence, and impose sanctions and penalties pursuant to Code Section 21-5-6."
Section 11. Said chapter is further amended by striking paragraph (1) of subsection (b) of Code Section 21-5-50, relating to financial disclosure statements, and inserting in its place a new paragraph (1) to read as follows:
"(1) Each monetary fee or honorarium of $101.00 or more which is received accepted by a public officer from speaking engagements, participation in seminars, discussion panels, or other activities which directly relate to the official duties of the public officer or the office of the public officer, with a statement identifying the fee received or honorarium accepted and the person from whom it was received accepted;".
Section 12. Said chapter is further 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 an agent a lobbyist registered with the Secretary of State commission pursuant to Code Section a8-?-a~A7ticle 4 of this chapter."
Section 13. 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 $100.00 in a calendar year, not including the person's own travel, food, lodging expenses, or informational material to promote or oppose the passage of any legislation by the General Assembly, or any commit tee thereof, or the approval 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;

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(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 officers or former public officers employed or retained by the lobbyist or the lobbyist's employer with details of the nature of the employ ment 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 within three days of said change occurring prior to its expiration. Previously filed information may be incorporated by reference. Substantial or material changes or additions shall include, but are not limited to, the pertinent informa tion 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, county, municipal, or public agency, department, commission, or authority;
(2) Fifteen dollars for each registrant employed by an organization exempt or eligible for exemption 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 who is not required to register with the commission as a lobbyist but who chooses to do so as provided in Code Section 21-5-71; or
(3) Three hundred dollars for each registrant representing a for profit entity, an organi zation representing for profit entities, or a professional association and 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 public employee of an agency, department, commission, or authority appearing

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2723

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; or preparing arguments and submitting 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; and
(3) Quarterly current through the end of quarters ending March 31, June 30, September 30, and December 31 of each year.
(b) (1) Each lobbyist expenditure report shall be verified and shall disclose every expen diture made since the filing of the preceding report to any elected or appointed public of ficer where such expenditure is made to the benefit of, for, or on behalf of a public officer or public employee whether in the course of influencing the passage of legislation by the Gen eral Assembly, influencing official action by any agency, department, commission, or author ity, or influencing the approval or veto of legislation by the Governor or otherwise. The report shall contain, with respect to each expenditure the following:
(A) The name and official position of the elected or appointed public officer 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 public officers, the report shall contain:
(A) The name of the elected public officer 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.
(c) The commission shall maintain lobbyist expenditure reports for a period of at least seven years.
21-5-75. (a) In addition to other penalties provided in this article, the commission may by order deny, suspend, or revoke for a period not to exceed one year the registration of a lobbyist if it finds that the lobbyist:
(1) Has filed an application for registration with the commission which was incomplete in a material respect or contained a statement that was, in light of the circumstances under which it was made, false or misleading with respect to a material fact;
(2) Has willfully violated or willfully failed to comply with this article or a rule promul gated by the commission under this article;

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(3) Has failed to comply with the reporting requirements of this article; or
(4) Has engaged in lobbying practices in violation of this article.
(b) Application may be made to the commission for reinstatement. Such reinstatement shall be conducted in the same manner as required for an initial registration under this article and shall be conditioned upon payment of the same registration fees applicable to an initial registration and also any outstanding penalty fees.
(c) Any person failing to comply with or violating any of the provisions of this article shall be guilty of a misdemeanor."
Section 14. 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."
Section 15. Said chapter is further amended by striking in its entirety Code Section 287-2, 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

WEDNESDAY, MARCH 25, 1992

2725

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."
Section 16. Said chapter is further amended by striking in its entirety Code Section 287-4, 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 28-7-2 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 17. 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 28-74, 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 18. Chapter 1 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions relative to state government, is amended by inserting at the end thereof a new Code section to read as follows:
"50-1-4. (a) As used in this Code section, the term:
(1) 'Pension or retirement benefit' means any pecuniary benefit which a retired em ployee is entitled to receive from any public retirement system created by Title 47 as a result of service rendered to this state or any state agency.
(2) 'Retired employee' means any person, including without limitation an elected or appointed official, who was formerly employed by the state or any state agency and is cur rently receiving or is entitled upon application to receive any pension or retirement benefit.

2726

JOURNAL OF THE SENATE

(3) 'State agency' means any agency, authority, department, board, bureau, or instru mentality of this state; provided, however, that such term shall not mean a political subdivi sion of the state.
(b) No state agency shall expend any public funds for personal services rendered or to be rendered by or under the direct supervision of any retired employee during a period of two calendar years immediately following such employee's retirement. This prohibition shall expressly extend to, but shall not be limited to, the rendering of personal services as a con sultant. This prohibition shall extend to contractual arrangements with any business entity with which a retired employee may be affiliated as well as to contractual arrangements di rectly with a retired employee.
(c) The provisions of this Code section shall not affect the terms of any contract in effect on the effective date of this Code section.
(d) No retired employee shall register as or serve as a lobbyist pursuant to Article 4 of Chapter 5 of Title 21 during a period of two calendar years immediately following such employee's retirement."
Section 19. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 20. All laws and parts of laws in conflict with this Act are repealed.
Senators Collins of the 17th and Newbill of the 56th offered the following amendment:
Amend the substitute to HB 1125 offered by the Senate Committee on Ethics by ad ding following the word "statements" on line 20 of page 1 the following:
"; to provide for additional reporting of certain retainers, fees, and other income in financial disclosure statements".
By redesignating Sections 13 through 20 as Sections 14 through 21, respectively.
By adding following Section 12 a new Section 13 to read as follows:
"Section 13. Said chapter is further amended by adding at the end of Code Section 215-50, relating to financial disclosure statements, a new subsection (d) to read as follows:
'(d) In addition to the requirements for financial disclosure statements contained in this article, any person who is elected as a public officer, as defined in paragraph (15) of Code Section 21-5-3, and who after the date such person is first elected to such office is retained to represent, consult with, or do business with the State of Georgia or any city, county, authority, board of education, or other governmental entity thereof shall include in the fi nancial disclosure statements required by this Code section all retainers, fees, or other in come received from any such governmental entity.'"
Senator Newbill of the 56th offered the following amendment:
Amend the amendment offered by Senators Collins of the 17th and Newbill of the 56th to the substitute to HB 1125 offered by the Senate Committee on Ethics by adding on page 1, line 25, before "board of education" the following:
"public utility,"
On the adoption of the amendment offered by Senator Newbill of the 56th, the yeas were 13, nays 22, and the amendment to the amendment offered by Senators Collins of the 17th and Newbill of the 56th to the substitute to HB 1125 offered by the Senate Committee on Ethics was lost.
On the adoption of the amendment offered by Senators Collins of the 17th and Newbill of the 56th to the substitute to HB 1125 offered by the Senate Committee on Ethics, the President ordered a roll call, and the vote was as follows:

WEDNESDAY, MARCH 25, 1992

2727

Those voting in the affirmative were Senators:

Albert Alien Burton Collins Edge

Hammill Hasty Johnson Newbill Phillips

Ragan of 10th Ragan of 32nd Thompson Tysinger White

Those voting in the negative were Senators:

Baldwin Bishop Bowen Brown of 26th Clay CDoawlekminans
DDeeaaln Echols Egan English Foster

Garner Gillis Harris Hill Hooks HKuidgdgins
LMaanrgafbolred Moye Perdue Perry Pollard

Ramsey Ray Robinson g cott gtarr Sbtteeiinnbbeerrge
,Iiay,'or Timmons Turner Walker of 22nd Walker of 43rd

Those not voting were Senators:

Broun of 46th

Henson

Shumake

On the adoption of the amendment offered by Senators Collins of the 17th and Newbill of the 56th, the yeas were 15, nays 38, and the amendment to the substitute offered by the Senate Committee on Ethics was lost.

Senator Alien of the 2nd offered the following amendment:

Amend the substitute to HB 1125 offered by the Senate Committee on Ethics by amending page 4, line 26, to read "$3,500."; amending page 5, line 4, to read "$3,500"; amending page 5, line 15, to read "3,500"; and
By adding on page 20 a new subparagraph (e) as follows:
"No person who is a member of a trade or professional organization shall be allowed to contribute to a candidate for public office whose organization or association has contributed the maximum amount to said candidate for public office".

On the adoption of the amendment offered by Senator Alien of the 2nd to the substi tute to HB 1125 offered by the Senate Committee on Ethics, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Alien Bishop

Brown of 26th

Tate

Those voting in the negative were Senators:

Albert Baldwin Bowen Broun of 46th

Burton Clay Coleman Collins

Dawkins Deal Dean Echols

2728

JOURNAL OF THE SENATE

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 Turner Tysinger Walker of 22nd Walker of 43rd White

Not voting was Senator Shumake.

On the adoption of the amendment offered by Senator Alien of the 2nd, the yeas were 4, nays, 51, and the amendment to the substitute offered by the Senate Committee on Eth ics was lost.

Senator Steinberg of the 42nd offered the following amendment:

Amend the substitute to HB 1125 offered by the Senate Committee on Ethics by ad ding on page 9, line 25, after "section" the following:
"provided that no agency or department of the executive branch or the judicial branch shall have more than two employees registered pursuant to 21-5-71."

Senator Steinberg of the 42nd asked unanimous consent to withdraw her amendment; the consent was granted, and the amendment offered by Senator Steinberg of the 42nd to the substitute to HB 1125 offered by the Senate Committee on Ethics was withdrawn.

Senator Alien of the 2nd offered the following amendment:

Amend the substitute to HB 1125 offered by the Senate Committee on Ethics by ad ding on page 3, subparagraph (H),
"every member of a municipal authority.".

On the adoption of the amendment offered by Senator Alien of the 2nd to the substi tute to HB 1125 offered by the Senate Committee on Ethics, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Alien Bishop

Brown of 26th

Clay

Those voting in the negative were Senators:

Albert Baldwin Bowen Broun of 46th Burton Coleman Collins Dawkins

Deal Dean Echols Edge Egan English Foster Garner

Gillis Hammill Harris Hasty Henson Hill Hooks Huggins

WEDNESDAY, MARCH 25, 1992

2729

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 was Senator Shumake.

On the adoption of the amendment offered by Senator Alien of the 2nd, the yeas were 4, nays 51, and the amendment to the substitute to HB 1125 offered by the Senate Commit tee on Ethics was lost.

Senator Alien of the 2nd offered the following amendment:

Amend the substitute to HB 1125 offered by the Senate Committee on Ethics by ad ding on page 9, line 28, after the word "lobbyist.",
"No person who has served as a member of the General Assembly shall serve as a regis tered lobbyist as defined in this Code Section."

On the adoption of the amendment offered by Senator Alien of the 2nd to the substi tute to HB 1125 offered by the Senate Committee on Ethics, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Alien Brown of 26th

Newbill Taylor

Thompson White

Those voting in the negative were Senators:

Albert Baldwin Bishop Bowen Broun of 46th urton
~LColojijlyelimnsan Dawkins Deaj Dean Echols Edge Egan English Foster

Garner Gillis Hammill Harris Hasty Henson
HT"Till ,ks *u&ms Johnson Kidd Langford Marable Moye Perdue Perry

Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray
Rf0coobt.i.tnson f tarr u Steinberg Tate Timmons Turner Tysinger Walker of 22nd Walker of 43rd

Not voting was Senator Shumake.

On the adoption of the amendment offered by Senator Alien of the 2nd, the yeas were 6, nays 49, and the amendment to the substitute to HB 1125 offered by the Senate Commit tee on Ethics was lost.

2730

JOURNAL OF THE SENATE

Senators Hammill of the 3rd and Alien of the 2nd offered the following amendment:
Amend the substitute to HB 1125 offered by the Senate Committee on Ethics by chang ing on page 7, line 10, "$25.00" to "$35.00".
Senator Hammill of the 3rd asked unanimous consent to withdraw the amendment of fered by Senators Hammill of the 3rd and Alien of the 2nd to the substitute to HB 1125 offered by the Senate Committee on Ethics; the consent was granted, and the amendment was withdrawn.
Senator Phillips of the 9th offered the following amendment:
Amend the substitute to HB 1125 offered by the Senate Committee on Ethics by ad ding on page 3, after line 29, a new Section 3 to read as follows:
"Section 3. Code Section 21-5-33 of the Official Code of Georgia Annotated, relating to the disposition of campaign contributions, is amended by striking subsection (b) and in serting in its place a new subsection (b) to read as follows:
"(b) (1) All contributions received by a candidate or such candidate's campaign com mittee or a public officer holding elective office in excess of those necessary to defray ex penses pursuant to subsection (a) of this Code section and as determined by such candidate or such public officer may only be used as follows:
(A) As contributions to any charitable organization described in 26 U.S.C. 170(c) as said federal statute exists on March 1, 1986, and which additionally shall include educational, eleemosynary, and nonprofit organizations;
(B) For tranafcrral without limitation to any national, state, or local committee of any political party or to any candidate,
4) (B) For transferral without limitation to persons making such contributions, not to exceed tHe~total amount cumulatively contributed by each such transferee;
(D) For use in future campaigns for any elective office, or
(EKC) For repayment of any prior campaign obligations incurred as a candidate-:; or
(D) On and after July 1, 1992, all contributions in excess of $5,000.00 held or received by a~public officer or such public officer's campaign committee which contributions are not used for purposes specifically authorized under this subsection shall be paid to the general fund of the state treasury not later than 90 days following the election of such public officer.
(2) Any candidate or public officer holding elective office may provide in the will of such candidate or such public officer that the contributions shall be spent in any of the author ized manners upon the death of such candidate or such public officer; and, in the absence of any such direction in the probated will of such candidate or such public officer, the contri butions shall be paid to the treasury of the state party with which such candidate or such public officer was affiliated in such candidate's or such public officer's last election or elec tive office after the payment of any expenses pursuant to subsection (a) of this Code section. Notwithstanding any other provisions of this paragraph, the personal representative or exec utor of the estate shall be allowed to use or pay out funds in the campaign account in any manner authorized in subparagraphs (A) through {E} (D) of paragraph (1) of this subsection."
And renumbering all other Sections accordingly.
Senator Phillips of the 9th offered the following amendment:
Amend the amendment offered by Senator Phillips of the 9th to the substitute to HB 1125 offered by the Senate Committee on Ethics by striking on page 2, lines 15 to 24.

WEDNESDAY, MARCH 25, 1992

2731

Senator Phillips of the 9th asked unanimous consent to withdraw both of his amend ments to the substitute to HB 1125 offered by the Senate Committee on Ethics; the consent was granted, and the amendments were withdrawn.

Senator White of the 48th offered the following amendment:

Amend the substitute to HB 1125 offered by the Senate Committee on Ethics by strik ing on line 644, page 20, the words "the state or" and leaving the word "any", and striking the word "state" and inserting the word "governmental" to read as follows:
"any governmental agency";
And striking the words "upon application" on line 7, page 20.

Senator White of the 48th asked unanimous consent to withdraw his amendment to the substitute to HB 1125 offered by the Senate Committee on Ethics; the consent was granted, and the amendment was withdrawn.

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 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
Coleman
Collins Dawkins Deal Dean Echols Edge Egan English Foster

Garner Gillis Hammill Harris Hasty Henson Hm
Hooks " uggins
Langford Marable Mye Newbill Perdue Perry Phillips

Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott
Starr ^teinberg
Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White

Not voting was Senator Shumake.

On the passage of the bill, the yeas were 55, nays 0.

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

The President announced that the Senate would stand in recess from 2:31 o'clock P.M. until 3:30 o'clock P.M.

At 3:30 o'clock P.M., the President called the Senate to order.

2732

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 substitute, by the requisite constitutional majority the fol lowing bills of the Senate:
SB 811. By Senators Starr of the 44th and Garner of the 30th:
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 484. By Senators Newbill of the 56th and Clay of the 37th:
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.
SB 415. By Senators Johnson of the 47th, Deal of the 49th, Baldwin of the 29th and others:
A bill to amend Article 1 of Chapter 9 of Title 45 of the Official Code of Georgia Annotated, relating to purchase of liability insurance or contracts of indemnity for public officers and employees generally, so as to repeal the provisions that nothing in such article shall constitute a waiver of the immunity of the state from any action nor shall the exercise of authority provided in such article con stitute the provision of liability insurance protection.
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.
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.
The House adheres to its position in insisting on its substitute, and has appointed a

WEDNESDAY, MARCH 25, 1992

2733

Committee of Conference to confer with a like committee on the part of the Senate on the following bill of the Senate:
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 Speaker has appointed on the part of the House, Representatives Holmes of the 28th, Pinkston of the 100th and Dixon of the 151st.
The House has agreed to the Senate substitute, as amended by the House, to the fol lowing bill of the House:
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 the requisite constitutional majority the following bills of the House and Senate:
HB 2035. By Representatives Thomas of the 69th, Simpson of the 70th and Jones of the 71st:
A bill to amend an Act creating the Board of Commissioners of Carroll County, so as to reapportion the commission districts.
HB 2036. By Representatives Thomas of the 69th, Simpson of the 70th and Jones of the 71st:
A bill to amend an Act relating to the board of education and school superinten dent of the Carroll County School District, so as to reapportion the education districts of said school district.
HB 2064. By Representative Carter of the 146th:
A bill to amend an Act creating a board of commissioners of roads and revenues for the County of Berrien, so as to change the number of commissioners; to change the composition of the commissioner districts.
HB 2109. By Representatives Flynt of the 75th and Herbert of the 76th:
A bill to amend an Act creating the Board of Commissioners of Spalding County, so as to redesignate and describe the five single-member commission districts in Spalding County.

2734

JOURNAL OF THE SENATE

HB 2164. By Representative Greene of the 130th: A bill to create the Stewart County Solid Waste Authority.
HB 2168. By Representatives Snow of the 1st, McCoy of the 1st and Perry of the 5th: A bill to provide for the collection of additional costs in cases before the Magis trate Court of Walker County as law library fees.
HB 2173. By Representative Jackson of the 9th: A bill to create the Dawson County Board of Commissioners Study Commission.
HB 2175. By Representative Ray of the 98th: A bill to provide for compensation and expenses of the chairman and members of the Board of Education of Crawford County.
HB 2176. By Representative Ray of the 98th: A bill to amend an Act creating the Board of Commissioners of Crawford County, so as to regulate or restrict, and provide for the regulation or restriction of, the depositing of sludge on public or private property in Crawford County.
HB 2178. By Representatives Smith of the 156th and Fennel of the 155th: 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 change the provi sions relating to audits.
HB 2157. By Representatives Thomas of the 69th and Simpson of the 70th: A bill to provide for homestead exemptions from City of Carrollton ad valorem taxes for educational purposes for certain residents of that school district.
HB 2165. By Representative Breedlove of the 60th: A bill to provide an exemption from City of Suwanee ad valorem taxes for the full value of homesteads of residents of the City of Suwanee who are 65 years of age or over or who are disabled.
HB 2169. By Representatives Alford of the 57th, Irwin of the 57th, Sherrill of the 47th, Baker of the 51st, McKinney of the 40th and others: A bill to create the DeKalb Ad Valorem Tax Survey Commission.
SB 709. By Senators Ragan of the 32nd, Clay of the 37th and Newbill of the 56th: A bill to amend an Act to authorize the establishment of a civil service system in Cobb County for persons receiving salary and wages in whole or in part from Cobb County, as amended, so as to change the dates of expiration of the terms of office of board members.
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.

WEDNESDAY, MARCH 25, 1992

2735

The House has passed, as amended, by the requisite constitutional majority the follow ing bill of the Senate:
SB 713. By Senators Alien of the 2nd and Coleman of the 1st: A bill to amend an Act providing for a chief judge of the Recorder's Court of Chatham County, as amended, so as to provide that whenever the judges of the recorder's court require the services of an additional judge, they shall first re quest a senior judge to perform such services.
The following bills of the House were read the first time and referred to committee:
HB 2035. By Representatives Thomas of the 69th, Simpson of the 70th and Jones of the 71st: A bill to amend an Act creating the Board of Commissioners of Carroll County, so as to reapportion the commission districts.
Referred to Committee on Urban and County Affairs.
HB 2036. By Representatives Thomas of the 69th, Simpson of the 70th and Jones of the 71st: A bill to amend an Act relating to the board of education and school superinten dent of the Carroll County School District, so as to reapportion the education districts of said school district.
Referred to Committee on Urban and County Affairs.
HB 2064. By Representative Carter of the 146th: A bill to amend an Act creating a board of commissioners of roads and revenues for the County of Berrien, so as to change the number of commissioners; to change the composition of the commissioner districts.
Referred to Committee on Urban and County Affairs.
HB 2109. By Representatives Flynt of the 75th and Herbert of the 76th: A bill to amend an Act creating the Board of Commissioners of Spalding County, so as to redesignate and describe the five single-member commission districts in Spalding County.
Referred to Committee on Urban and County Affairs.
HB 2157. By Representatives Thomas of the 69th and Simpson of the 70th: A bill to provide for homestead exemptions from City of Carrollton ad valorem taxes for educational purposes for certain residents of that school district.
Referred to Committee on Urban and County Affairs.
HB 2164. By Representative Greene of the 130th: A bill to create the Stewart County Solid Waste Authority.
Referred to Committee on Urban and County Affairs.
HB 2165. By Representative Breedlove of the 60th: A bill to provide an exemption from City of Suwanee ad valorem taxes for the full value of homesteads of residents of the City of Suwanee who are 65 years of age or over or who are disabled.
Referred to Committee on Urban and County Affairs.

2736

JOURNAL OF THE SENATE

HB 2168. By Representatives Snow of the 1st, McCoy of the 1st and Perry of the 5th: A bill to provide for the collection of additional costs in cases before the Magis trate Court of Walker County as law library fees.
Referred to Committee on Urban and County Affairs.
HB 2169. By Representatives Alford of the 57th, Irwin of the 57th, Sherrill of the 47th and others: A bill to create the DeKalb Ad Valorem Tax Survey Commission.
Referred to Committee on Urban and County Affairs.
HB 2173. By Representative Jackson of the 9th: A bill to create the Dawson County Board of Commissioners Study Commission.
Referred to Committee on Urban and County Affairs.
HB 2175. By Representative Ray of the 98th: A bill to provide for compensation and expenses of the chairman and members of the Board of Education of Crawford County.
Referred to Committee on Urban and County Affairs.
HB 2176. By Representative Ray of the 98th: A bill to amend an Act creating the Board of Commissioners of Crawford County, so as to regulate or restrict, and provide for the regulation or restriction of, the depositing of sludge on public or private property in Crawford County.
Referred to Committee on Urban and County Affairs.
HB 2178. By Representatives Smith of the 156th and Fennel of the 155th: 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 change the provi sions relating to audits.
Referred to Committee on Urban and County Affairs.
The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage:
HB 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. Senate Sponsor: Senator Gillis of the 20th.
Senator Collins of the 17th offered the following amendment:
Amend HB 1385 by inserting "to provide for handling capacity approval procedures in certain counties;" between "Resources;" and "to" on line 8 of page 1.
By inserting between lines 28 and 29 of page 10 the following: "Section 4A. Said part is further amended by adding a new subsection immediately following subsection (b) of Code Section 12-8-26, relating to public meetings regarding site selections, to be designated subsection (b.l) to read as follows: '(b.l) When the governing authority of any county with a population of 250,000 people or less according to the United States decennial census of 1990 or any future such census

WEDNESDAY, MARCH 25, 1992

2737

approves a site for a privately owned municipal solid waste disposal facility handling 10,000 tons or more per month of solid waste and 15 percent of the electors residing in such county registered to vote who voted in the last gubernatorial election file a petition with the gov erning authority of such county for a referendum approving the handling capacity of such site, the election superintendent shall, after verifying the signatures of the electors so peti tioning, issue the call and conduct a special election on a date and in the manner provided for under Code Section 21-2-540. The election superintendent shall cause the date and pur pose of the election to be published once a week for two weeks immediately preceding the date of the election in the official organ of the county. The ballot for such election shall have written or printed thereon the following:

"t ] YES [ ] NO

Shall a handling capacity of 10,000 tons or more per month of solid waste for a privately owned solid waste disposal facility located in___County, Georgia, be approved?"

All persons desiring to vote in favor of approval of the handling capacity shall vote "Yes" and all persons desiring to vote against the handling capacity shall vote "No." If more than one-half of the votes cast are in favor of approving such handling capacity then such handling capacity shall be approved; otherwise such handling capacity shall not be approved and the handling capacity shall be limited to less than 10,000 tons per month of solid waste. The expense of the election shall be paid by the applicant for approval of the handling capacity for the privately owned solid waste facility.'"

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 Burton Collins

Edge Hammill Newbill

Phillips Ragan of 32nd White

Those voting in the negative were Senators:

Baldwin Bishop Bowen Broun of 46th Brown of 26th CTDD-.oeaawlelikmm ans
Dean
Echols Egan
English Foster

Garner Gillis Harris Hasty Henson JHTHToiuhlglngsmons
Kidd
Marable Moye
Perry Pollard

Ragan of 10th Ramsey Ray Robinson Scott oS0,,,tt. eair.nrb, erg
Tate
Timmons Turner
Tysinger Walker of 43rd

Those not voting were Senators:

Clay Hooks Langford

Perdue Shumake Taylor

Thompson Walker of 22nd

On the adoption of the amendment, the yeas were 10, nays 38, and the amendment was lost.

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JOURNAL OF THE SENATE

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

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

Those voting in the affirmative were Senators:

Albert Alien Baldwin Bishop Bowen Broun of 46th Brown of 26th Burton Clay Coleman Collins Dawkins Deal Dean Echols Edge Egan English

Foster Garner Gillis Harrmill Harris Henson Hill Hooks Huggins Johnson Kidd Langford Marable Moye Newbill Perdue Perry

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

Those not voting were Senators:

Hasty Shumake

Taylor

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.

The following general bill of the House, having been read the third time and lost on March 12, reconsidered on March 18, and placed on the Senate Rules Calendar for today, was put upon its passage:

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 amendments to HB 1497 that were adopted on March 12 were as follows:

Amend HB 1497 by adding on line 19 of page 1, immediately following the word "hole" the following:
"into the underground formation".

Amend the Senate Committee on Natural Resources amendment to HB 1497 by strik ing on line 5 of page 1 the words "underground formation" and inserting in lieu thereof the following:
"same underground water-bearing zone".

WEDNESDAY, MARCH 25, 1992

2739

Amend HB 1497 by adding on line 23 of page 1 immediately before the word "composi tion" the word "chemical".

Senator Marable of the 52nd offered the following amendment:

Amend HB 1497 by striking all matter on page 1, lines 14 through 24, and inserting in lieu thereof the following:
" '26-2-4. (a) As used in this Code section, the term "spring water" means water which is: (1) not derived from a municipal system or public water supply; (2) derived from an underground formation from which water flows naturally to the surface of the earth; and (3) collected only at the spring or through a bore hole within 500 feet of the spring; provided, however, water collected with the assistance of external force to protect the water shall re tain all the physical properties of and be of the same composition and quality as the water that flows naturally to the surface."
By striking all matter on page 1, lines 25, 26, and 27 and all matter on page 2, lines 1, 2, and 3, and inserting in lieu thereof the following:
"(b) Any water which meets the definition of 'spring water' as specified in subsection (a) of this Code section may lawfully be sold, advertised, labeled, and otherwise represented as 'spring water' or 'natural spring water,' notwithstanding any other contrary provision of any law or regulation of the State of Georgia. No".

On the adoption of the amendment offered by Senator Marable, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Broun of 46th Burton Deal EFogsatner
Hasty
Huggins

Johnson Langford Marable MNeowyebill
Phillips
Ragan of 10th

Ragan of 32nd Scott Starr S_ tei.nb, erg
Timmons
White

Those voting in the negative were Senators:

Albert Baldwin Bishop
Bowen Brown of 26th
CCr; oo,llyleimnsan Dawkins Dean Echols Edge

English Garner Gillis
Hammill Harrig
Henson Hl11 Hooks K>dd Perdue Perry

Pollard Ramsey Ray
Robinson Tate
Taylor Thompson Turner Tysinger Walker of 22nd Walker of 43rd

Not voting were Senators Alien and Shumake.

On the adoption of the amendment offered by Senator Marable of the 52nd, the yeas were 20, nays 34, 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.

2740

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 Clay Coleman Collins Dean Echols

Edge Garner Gillis Hammill Harris Henson Hooks Kidd Langford Perry Pollard

Ramsey Ray Robinson Tate Taylor Thompson Turner Tysinger Walker of 22nd Walker of 43rd

Those voting in the negative were Senators:

Bowen Burton Dawkins DTE-,geaanl English
Foster
Hasty

Hill Huggins Johnson MM,,oayraeble Newbill
Perdue
Phillips

Ragan of 10th Ragan of 32nd Scott cot, ar. r btemberg
Timmons
White

Not voting was Senator Shumake.

On the passage of the bill, the yeas were 32, nays 23.

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

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

HB 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.

Senator Harris of the 27th moved that the Senate adhere to the Senate substitute to HB 113, and that a Conference Committee be appointed.

On the motion, the yeas were 31, nays 0; the motion prevailed, and the Senate adhered to the Senate substitute to HB 113.

The President appointed as a Conference Committee on the part of the Senate the following:
Senators Harris of the 27th, Walker of the 43rd and Perdue of the 18th.

WEDNESDAY, MARCH 25, 1992

2741

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

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 amendment was as follows:

Amend the Senate substitute to HB 1145 by striking lines 25 through 29 of page 44 in their entirety and inserting in lieu thereof the following:
"Section 31. Sections 1 through 15, 17, 27, 29, and 30 of this Act shall become effective June 1, 1992. Section 16 shall become effective May 1, 1992. Section 28 shall become effec tive January 1, 1993. All other sections of this Act shall become effective April 1, 1992."

Senator Dawkins of the 45th moved that the Senate agree to the House amendment to the Senate substitute to HB 1145.

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 Coleman Collins Dawkins Dean Echols Egan English Foster

Garner Gillis Hammill Harris Hasty
Henson Hill Hooks Huggins Johnson Kidd Langford Moye Perdue Perry

Pollard Ragan of 10th Ramsey Ray Robinson
Scott Steinberg Tate Taylor Timmons Turner Tysinger Walker of 22nd Walker of 43rd White

Those voting in the negative were Senators:

Burton Clay

Deal Edge

Newbill Thompson

Those not voting were Senators:

Marable Phillips

Ragan of 32nd Shumake

Starr

On the motion, the yeas were 45, nays 6; the motion prevailed, and the Senate agreed to the House amendment to the Senate substitute to HB 1145.

2742

JOURNAL OF THE SENATE

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

SB 384. By Senators Pollard of the 24th, Kidd of the 25th and Edge of the 28th:
A bill to amend Code Section 15-6-93, relating to office hours of the clerks of the superior courts, so as to change the provisions relating to office hours.

The House substitute to SB 384 was as follows:

A BILL
To be entitled an Act to amend an Act providing certain additional compensation for the clerk of the superior court of all counties of this state having a certain population, ap proved April 12, 1982 (Ga. L. 1982, p. 4536), so as to change the population figure in said Act; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act providing certain additional compensation for the clerk of the supe rior court of all counties of this state having a certain population, approved April 12, 1982 (Ga. L. 1982, p. 4536), is amended by striking Section 1 and inserting the following:
"Section 1. In all counties of this state having a population of not less than 32,300 nor more than 34,000 according to the United States decennial census of 1990 or any future such census, the clerk of the superior court shall receive as compensation the amount of $1,200.00 per annum payable in equal monthly installments from the funds of the county. The compensation provided for herein shall be in addition to any other compensation au thorized for any such clerk by other general laws or by local law."
Section 2. This Act shall become effective on July 1, 1992.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

Senator Pollard of the 24th moved that the Senate agree to the House substitute to SB 384.

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 B/CC~tlioualryetomnan
Collins Dawkins Deal Dean Echols Edge Egan

English Foster Garner Hammill Harris Hasty Henson JHTHToouhognkgssmons
Kidd Langford Marable Newbill Perdue Perry Phillips

Pollard Ragan of 10th Ragan of 32nd Ramsey pjay Robinson Scott 0oS,,4,tt.eamr. rb, erg
Iate Timmons Turner Tysinger Walker of 22nd Walker of 43rd White

WEDNESDAY, MARCH 25, 1992

2743

Those not voting were Senators:

Gillis Hill

Moye Shumake

Taylor Thompson

On the motion, the yeas were 50, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 384.

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

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.
The House amendment was as follows:
Amend the Senate substitute to HB 1390 by inserting on line 1 of page 4 between the words "establishments" and "which" the following:
"permitted under the Coastal Marshlands Protection Act of 1970, as amended,".
By inserting on line 22 of page 10 between the words "establishments" and "which" the following:
"permitted under the Coastal Marshlands Protection Act of 1970, as amended,".

Senator Dawkins of the 45th moved that the Senate agree to the House amendment to the Senate substitute to HB 1390.

On the motion, 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 Collins Dawkins Deal Dean Edge Egan English Foster

Garner Gillis Harris Hasty Henson Hooks Huggins Johnson Kidd Marable Newbill Perdue Phillips Pollard Ragan of 10th

Ragan of 32nd Ramsey Ray Robinson Scott Starr Steinberg Tate Taylor Timmons Turner Tysinger Walker of 22nd Walker of 43rd White

Those voting in the negative were Senators:

Alien Echols

Hammill Hill

Perry

2744

JOURNAL OF THE SENATE

Those not voting were Senators:

Albert Coleman

Langford Moye

Shumake Thompson

On the motion, the yeas were 45, nays 5; the motion prevailed, and the Senate agreed to the House amendment to the Senate substitute to HB 1390.

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

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 House substitute to SB 622 was as follows:
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 12 except for competitive interscholastic activities; to provide exceptions; 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 12 except for competi tive interscholastic activities."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
Senator Clay of the 37th moved that the Senate agree to the House substitute by the following substitute offered by Senators Clay of the 37th and Newbill of the 56th:
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 that such rule shall not apply to students in grades nine through 12 except for competitive interscholastic activities; to provide for re lated 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. (a) 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.
(b) Georgia Board of Education Rule 160-5-1-.18 Extracurricular Activities: No Pass/No Participate shall not apply to students in grades nine through 12 except for competitive interscholastic activities."

WEDNESDAY, MARCH 25, 1992

2745

Section 2. All laws and parts of laws in conflict with this Act are repealed.

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 Burton Clay Coleman Collins Dawkins Dean Echols Edge Egan English

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

Voting in the negative were Senators Brown of the 26th and Tate.

Those not voting were Senators:

Deal Foster

Moye Shumake

Taylor Thompson

On the motion, the yeas were 48, nays 2; the motion prevailed, and the Senate agreed to the House substitute to SB 622 by Senate substitute.

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

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 House substitute to SB 604 was as follows:

A BILL
To be entitled an Act to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to provide for notice of agenda of special meetings; to provide for telecommunications conference; to provide for access to meetings relating to the performance of public employees; to provide for votes to be taken in public; to redefine the standard for awarding attorney's fees; to redefine "public records" and "agency"; to provide for access to certain vital records; to provide for charges for the production of computer information; to provide what disclosure is not required; to provide that certain exhibits shall not be open to inspection; to repeal Code Section 50-18-74, relating to unlawful refusal to provide access to public records; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

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JOURNAL OF THE SENATE

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 50 of the Official Code of Georgia Annotated, relating to state govern ment, is amended by striking subsection (d) of Code Section 50-14-1, relating to meetings open to the public, and inserting in lieu thereof the following:
"(d) Every agency shall prescribe the time, place, and dates of regular meetings of the agency. Such information shall be available to the general public and a notice containing such information shall be posted and maintained in a conspicuous place available to the public at the regular meeting place of the agency. Meetings shall be held in accordance with a regular schedule, but nothing in this subsection shall preclude an agency from canceling or postponing any regularly scheduled meeting. Whenever any meeting required to be open to the public is to be held at a time or place other than at the time and place prescribed for regular meetings, the agency shall give due notice thereof. 'Due notice' shall be the posting of a written notice for at least 24 hours at the place of regular meetings and giving of writ ten or oral notice at least 24 hours in advance of the meeting to the legal organ in which notices of sheriffs sales are published in the county where regular meetings are held or at the option of the agency to a newspaper having a general circulation in said county at least equal to that of the legal organ. When special circumstances occur and are so declared by an agency, that agency may hold a meeting with less than 24 hours' notice upon giving such notice of the meeting and subjects expected to be considered at the meeting as is reasonable under the circumstances including notice to said county legal organ or a newspaper having a general circulation in the county at least equal to that of the legal organ, in which event the reason for holding the meeting within 24 hours and the nature of the notice shall be re corded in the minutes. Whenever notice is given to a legal organ or other newspaper, that publication shall immediately make the information available upon inquiry to any member of the public. Any oral notice required or permitted by this subsection may be given by telephone."
Section 2. Said title is further amended by adding a new subsection (f) to Code Section 50-14-1, relating to meetings open to the public, to read as follows:
"(f) An agency with state-wide jurisdiction shall be authorized to conduct meetings by telecommunications conference, provided that any such meeting is conducted in compliance with this chapter."
Section 3. Said title is further amended by striking paragraph (6) of Code Section 5014-3, relating to excluded proceedings, and inserting in lieu thereof the following:
"(6) Meetings when discussing or deliberating upon the appointment, employment, compensation, hiring, disciplinary action or dismissal, or performance or periodic evaluation or rating of a public officer or employee but not when receiving evidence or hearing argu ment on charges filed to determine disciplinary action or dismissal of a public officer or employee. The vote on any matter covered by this subsection shall be taken in public and minutes of the meeting as provided in this chapter shall be made available. Meetings by an agency to discuss or take action on the filling of a vacancy in the membership of the agency itself shall at all times be open to the public as provided in this chapter; and".
Section 4. Said title is further amended by striking subsection (b) of Code Section 5014-5, relating to jurisdiction to enforce chapter on open meetings, and inserting in lieu thereof the following new subsections:
"(b) In any action brought to enforce the provisions of thia chapter, if the court shall determine that the action conatituting the violation was completely without merit as to law or fact, the court shall award to the complaining party attorney's fees and cxpcnaca of litiga tion reasonably incurred in bringing the action. If the court shall determine that the action waa completely without merit as to law or fact, then the court shall award to the agency attorncy'3 fees and cxpcnaca of litigation reasonably incurred. In any action brought to en force the provisions of this chapter in which the court determines that an agency acted without substantial justification in not complying with this chapter, the court shall, unless it finds that special circumstances exist, assess in favor of the complaining party reasonable

WEDNESDAY, MARCH 25, 1992

2747

attorney's fees and other litigation costs reasonably incurred. Whether the position of the complaining party was substantially justified shall be determined on the basis of the record as a whole which is made in the proceeding for which fees and other expenses are sought.
(c) Any agency or person who provides access to information in good faith reliance on the requirements of this chapter shall not be liable in any action on account of having pro vided access to such information."
Section 5. Said title is further amended by striking Code Section 50-18-70, relating to inspection of public records, and inserting in lieu thereof the following:
"50-18-70. (a) As used in this article, the term 'public record' shall mean all documents, papers, letters, maps, books, tapes, photographs, computer based or generated information, or similar material prepared and maintained or received in the course of the operation of a public office or agency. 'Public records' shall also mean such items received by a private person or entity on behaTf of a public office or agency which are not otherwise subject to protection from disclosure. It is the intent of this Code section to disallow an agency's plac ing or causing such items to be placed in the hands of a private person or entity for the purpose of avoiding disclosure. 'Agency' as used in this article shall be as defined in para graph (1) of subsection (a) of Code Section 50-14-1.
(b) All state, county, and municipal records, except those which by order of a court of this state or by law are prohibited or specifically exempted from being open to inspection by the general public, shall be open for a personal inspection by any citizen of this state at a reasonable time and place; and those in charge of such records shall not refuse this privilege to any citizen.
(c) The individual in control of such public record or records shall have a reasonable amount of time to determine whether or not the record or records requested are subject to access under this article. In no event shall this time exceed three business days.
(d) No public officer or agency shall be required to provide access to public records whicTTare to be used for commercial purposes. The requesting party shall sign a statement agreeing not to use information gathered pursuant to said request for commercial purposes. Commercial purposes shall not include news-gathering requests for information or legiti mate research for educational, scientific, or public purposes. No public officer or agency shall be required to prepare reports, summaries, or compilations not in existence at the time of the request; provided, however, that parts of records subject to public disclosure should be made available as provided in subsection (g) of Code Section 50-18-72.
(e) In a pending proceeding under Chapter 13 of this title, the 'Georgia Administrative Procedure Act,' or under any other administrative proceeding authorized under Georgia law, a party may not access public records pertaining to the subject of the proceeding pursuant to this article without the prior approval of the presiding administrative law judge, who shall consider such open record request in the same manner as any other request for infor mation put forth by a party in such a proceeding."
Section 6. Said title is further amended by adding at the end of Code Section 50-18-71, relating to right of access to make photographs or reproductions, a new subsection (f) to read as follows:
"(f) Where information requested is maintained by computer, an agency may charge the public its actual cost of a computer disk or tape onto which the information is transferred and may charge for the administrative time involved as set forth in subsection (d) of this Code section."
Section 7. Said title is further amended by adding a new Code section immediately following Code Section 50-18-71 to read as follows:
"50-18-71.1. (a) Notwithstanding any other provision of this article, an exhibit tendered to the court as evidence in a criminal or civil trial shall not be open to public inspection

2748

JOURNAL OF THE SENATE

without approval of the judge assigned to the case or, if no judge has been assigned, ap proval of the chief judge or, if no judge has been designated chief judge, approval of the judge most senior in length of service on the court.
(b) In the event inspection is not approved by the court, in lieu of inspection of such an exhibit, the custodian of such an exhibit shall, upon request, provide one or more of the following representations of the exhibit:
(1) A photograph;
(2) A photocopy;
(3) A facsimile; or
(4) Another reproduction.
(c) The provisions of subsections (b), (c), (d), and (e) of Code Section 50-18-71 shall apply to fees, costs, and charges for providing a photocopy of such an exhibit. Fees for providing a photograph, facsimile, or other reproduction of such an exhibit shall not exceed the cost of materials or supplies and a reasonable charge for time spent producing the pho tograph, facsimile, or other reproduction, in accordance with subsections (d) and (e) of Code Section 50-18-71."
Section 8. Said title is further amended in subsection (a) of Code Section 50-18-72, relating to when public disclosure is not required, by deleting "or" at the end of paragraph (6), by renumbering current paragraph (7) as paragraph (8), and by inserting a new para graph (7) to read as follows:
"(7) Notwithstanding any other provision of this article, an agency shall not be required to release those portions of records which would identify persons applying for or under con sideration for employment or appointment as executive head of an agency as that term is defined in paragraph (1) of subsection (a) of Code Section 50-14-1, or of a unit of the Uni versity System of Georgia; provided, however, that at least 14 calendar days prior to the meeting at which final action or vote is to be taken on the position, the agency shall release all documents which came into its possession with respect to as many as three persons under consideration whom the agency has determined to be the best qualified for the posi tion and from among whom the agency intends to fill the position. Prior to the release of these documents, an agency may allow such a person to decline being considered further for the position rather than have documents pertaining to the person released. In that event, the agency shall release the documents of the next most qualified person under considera tion who does not decline the position. If an agency has conducted its hiring or appointment process open to the public, it shall not be required to delay 14 days to take final action on the position. The agency shall not be required to release such records with respect to other applicants or persons under consideration, except at the request of any such person. Upon request, the hiring agency shall furnish the number of applicants and the composition of the list by such factors as race and sex. Provided, further, the agency shall not be allowed to avoid the provisions of this paragraph by the employment of a private person or agency to assist with the search or application process; or".
Section 9. Said title is further amended by striking subsection (b) of Code Section 5018-73, relating to jurisdiction to enforce inspection of public records, and inserting in lieu thereof the following new subsections:
"(b) In any action brought to enforce the provisions of this chapter, if the court shall determine that the action constituting a violation of this article waa completely without merit an to law of fact, the court ahull award to the complaining party attorney's fees and cxpcnaca of litigation reasonably incurred in bringing the action. If the court ahall determine that the action was completely without merit as to law or fact, then the court shall award to the defendant attorney's fees and expenses of litigation reasonably incurred. In any action brought to enforce the provisions of this chapter in which the court determines that either party acted without substantial justification either in not complying with this chapter or in instituting the litigation, the court shall, unless if finds that special circumstances exist,

WEDNESDAY, MARCH 25, 1992

2749

assess in favor of the complaining party reasonable attorney's fees and other litigation costs reasonably incurred. Whether the position of the complaining party was substantially justi fied shall be determined on the basis of the record as a whole which is made in the proceed ing for which fees and other expenses are sought.
(c) Any agency or person who provides access to information in good faith reliance on the requirements of this chapter shall not be liable in any action on account of having pro vided access to such information."
Section 10. Said title is further amended by striking Code Section 50-18-74, relating to unlawful refusal to provide access to public records, which reads as follows:
"50-18-74. Any person who willfully refuses to provide access to public records as pro vided in Code Section 50-18-70 of this article or who refuses to allow the examination and copying of records as provided in Code Section 50-18-71 of this article shall be guilty of a misdemeanor.",
and inserting in lieu thereof the following:
"50-18-74. Reserved."
Section 11. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 12. All laws and parts of laws in conflict with this Act are repealed.

Senator Broun of the 46th moved that the Senate agree to the House substitute to SB 604 as amended by the following amendment:

Amend the House substitute to SB 604 by striking lines 29 through 32 of page 4 and inserting the following:
"shall also mean such items received or maintained by a private person or entity on behalf of a public office or agency which are not otherwise subject to protection from dis closure. Provided, further, this Code section shall be construed to disallow anT
On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Alien Baldwin Bishop Bowen Broun of 46th Brown of 26th Burton Clay Coleman Collins Dawkins Dean Echols Edge Egan English

Foster Gillis Hammill 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 22nd Walker of 43rd White

Those not voting were Senators:

Albert Deal Garner

Harris Hasty Henson

Shumake Taylor

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On the motion, the yeas were 48, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 604 as amended by the Senate.
The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:
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 House substitute to SB 724 was as follows:
A BILL
To be entitled an Act to amend Title 33 of the Official Code of Georgia Annotated, relating to the regulation of insurance, so as to 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 approval by the Com missioner; to provide for the transfer of risks or obligations under an insurance contract; to provide for the discretion of the Commissioner to approve transfers under certain circum stances; to provide for 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. Title 33 of the Official Code of Georgia Annotated, relating to the regulation of insurance, is amended by adding immediately following Chapter 51, the "Georgia Basic Health Insurance Plan," a new chapter to be designated Chapter 52 to read as follows:
"CHAPTER 52
33-52-1. (a) This chapter shall apply to any insurer authorized or doing business in this state which transfers or assumes the obligations or risks on contracts of insurance written or assumed in this state to or from another insurer pursuant to an assumption reinsurance agreement.
(b) This chapter shall not apply to:
(1) Any reinsurance agreement or transaction in which the ceding insurer continues to remain directly liable for its insurance obligations or risks under the contracts of insurance subject to the reinsurance agreement;
(2) The substitution of one insurer for another upon expiration of insurance coverage pursuant to statutory or contractual requirements and the issuance of a new contract of insurance by another insurer;
(3) The transfer of contracts of insurance pursuant to mergers or consolidations of two or more insurers to the extent that those transactions are regulated by statute;
(4) Any insurer subject to a judicial order of liquidation or rehabilitation; or
(5) Any contract controlled by a state guaranty association or a state insolvency pool.
33-52-2. As used in this chapter:
(1) 'Assuming insurer' means the insurer which acquires an insurance obligation or risk from the transferring insurer pursuant to an assumption reinsurance agreement.

WEDNESDAY, MARCH 25, 1992

2751

(2) 'Assumption reinsurance agreement' means any contract which both:
(A) Transfers insurance obligations or risks of existing or in-force contracts of insurance from a transferring insurer to an assuming insurer; and
(B) Is intended to effect a novation of the transferred contract of insurance with the result that the assuming insurer becomes directly liable to the policyholders of the transfer ring insurer and the transferring insurer's insurance obligations or risks under such con tracts are extinguished.
(3) 'Contract of insurance' means any written agreement between an insurer and policyholder pursuant to which the insurer, in exchange for a premium or other consideration, agrees to assume an obligation or risk of the policyholder or to make payments on behalf of or to the policyholder or its beneficiaries; it shall include all property, casualty, life, health, accident, accident and sickness, surety, title, and annuity business authorized to be written pursuant to the provisions of this title.
(4) 'Notice of transfer' means the written notice to policyholders required by subsection (a) of Code Section 33-52-3.
(5) 'Policyholder' means any individual or entity which has the right to terminate or otherwise alter the terms of a contract of insurance. It includes any person issued a group certificate under a group insurance contract if the certificate vests in such person, separate from the rights of the group contractholder, rights against the insurer that the group contractholder may not terminate. The right to keep the policy in force referred to in this chapter shall not include the right to elect individual coverage under the federal consoli dated Omnibus Budget Reconciliation Act (COBRA) Section 601, et seq., of the Employee Retirement Income Security Act of 1974, as amended, 29 U.S.C. Section 1161, et seq. or under continuation and conversion provisions found in Chapter 24 of this title.
(6) 'Transferring or ceding insurer' means the insurer which transfers or cedes an insur ance obligation or risk to an assuming insurer pursuant to an assumption reinsurance agreement.
33-52-3. (a) (1) The transferring insurer shall provide or cause to be provided to each policyholder by first-class mail, addressed to the policyholder's last known address or to the address to which premium notices or other policy documents are sent, a notice of transfer; provided, however, that, upon application by the transferring insurer, the Commissioner may approve an alternative method of notification. The notice of transfer shall state or provide the following:
(A) A detailed statement explaining the reason or reasons for the transfer;
(B) The date the transfer and novation of the policyholder's contract of insurance is proposed to take place;
(C) The names, addresses and telephone numbers of the assuming and transferring insurers;
(D) That the policyholder may reject the transfer and novation;
(E) The procedure and time limit for rejecting the transfer and novation;
(F) A summary of any effect that rejecting the transfer and novation will have on the policyholder's rights including, for participating policyholders, dividend payments or pay ments under the contract of insurance;
(G) The states in which the assuming insurer is licensed;
(H) The name and address of the person at the transferring insurer to whom the policyholder should send its written statement of rejection of the transfer and novation; and
(I) The address of the insurance department where the policyholder resides so that the policyholder may contact its insurance department for further information regarding the financial condition of the assuming insurer.

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(2) The Commissioner may prescribe the form of the notice to be delivered to policyholders.
(3) The notice of transfer shall include a pre-addressed postage-paid response card which a policyholder may return as its written statement of rejection of the transfer and novation.
(b) Prior approval by the Commissioner is required for any transaction before an in surer assumes or transfers obligations or risks on contracts of insurance in this state under an assumption reinsurance agreement.
33-52-4. (a) Every policyholder shall have the right to reject the transfer and novation of his or her contract of insurance. Policyholders electing to reject the assumption transac tion shall provide the transferring insurer with the pre-addressed, postage-paid response card or other written notice that the assumption is rejected no later than 60 days after the date on which the transferring insurer mails the notice required under subsection (a) of Code Section 33-52-3. If the ceding insurer does not receive written rejection within the 60 day period, it shall send a second notice in accordance with subsection (a) of Code Section 33-52-3. If the ceding insurer does not receive a rejection within 30 days after the date of mailing, the policyholder shall be deemed to have accepted the transfer.
(b) The transferring insurer will be deemed to have received the response card or other written notice on the date it is postmarked. A policyholder may also send its response card or other written notice by facsimile or other electronic transmission or by certified mail, express delivery, personal delivery, or courier service, in which case the response card or other written notice shall be deemed to have been received by the assuming insurer on the date of actual receipt by the transferring insurer.
(c) If the transferring company is deemed by the Commissioner to be in hazardous condition or is under a supervision order, rehabilitation, liquidation, conservation, or receiv ership and the transfer of policies is in the best interest of the policyholders as determined by the Commissioner, a transfer may be effected notwithstanding the provisions of this chapter. This may include adequate notification to the policyholder of the circumstances requiring the transfer as approved by the Commissioner.
33-52-5. If a transfer takes place pursuant to Code Section 33-52-4, there shall be a novation of the contract of insurance subject to the assumption reinsurance agreement with the result that the transferring insurer shall thereby be relieved of all insurance obligations or risks transferred under the assumption reinsurance agreement and the assuming insurer shall become directly and solely liable to the policyholder for those insurance obligations or risks.
33-52-6. (a) The Commissioner shall approve or disapprove the entire assumption rein surance transaction. The following items shall be submitted to the Commissioner:
(1) A detailed statement explaining the reason or reasons for the transfer;
(2) The assumption reinsurance agreement;
(3) The certificate of assumption;
(4) If either the ceding company or the assuming company is not domiciled in Georgia, copies of the approvals of the entire transaction by the insurance supervisory officials of the states of domicile of the ceding and assuming insurers; and
(5) A statement as to what provision has been made for servicing those policyholders who have rejected the transfer. However, the Commissioner may permit 100 percent reinsur ance without novation of these risks with the servicing of those policyholders to be done by the assuming company or may order the transfer and novation of all of the contracts of insurance under the assumption reinsurance agreement.
(b) When seeking the Commissioner's approval of an assumption of a participating bus iness by a stock or mutual company, the applicant should address the disposition of the accumulated surplus connected with the block of business and the level of future dividends.

WEDNESDAY, MARCH 25, 1992

2753

(c) If protection under the Georgia Insurers Insolvency Pool, the Georgia Life and Health Insurance Guaranty Association, or a similar state guaranty association or insolvency pool will be lost or reduced, the Commissioner shall not approve the assumption of any policy unless the transfer of policies is in the best interest of the policyholders."
Section 2. This Act shall become effective on October 1, 1992, and shall apply to all assumption reinsurance agreements entered into on or after October 1, 1992.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

Senator Pollard of the 24th moved that the Senate agree to the House substitute to SB 724.

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

Those voting in the affirmative were Senators:

Alien Baldwin Bishop Bowen Broun of 46th Brown of 26th Burton
C^Cool,lyleimnsan Dawkins rjean Echols Edge Egan English Foster

Gillis Hammill Harris Hasty Hill Hooks Huggins
JT"o^Ih-dJndJson, Langford Marable Mye Newbill Perdue Perry Phillips

Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott
SScttteamr rbuerg Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White

Those not voting were Senators:

Albert Deal Garner

Henson Shumake

Tate Taylor

On the motion, the yeas were 49, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 724.

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

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.

Senator Walker of the 43rd moved that the Senate adhere to the Senate amendment to HB 1657, 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 amendment to HB 1657.

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JOURNAL OF THE SENATE

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.
The following bills of the Senate were taken up for the purpose of considering the House substitutes thereto:
SB 33. By Senators Kidd of the 25th and Garner of the 30th:
A bill to amend Chapter 16 of Title 45 of the Official Code of Georgia Annotated, relating to coroners, so as to require coroners and deputy coroners to take an annual training course approved by the Georgia Coroner's Training Council; to provide that under certain conditions the Georgia Coroner's Training Council may waive such training for a coroner or deputy coroner during any given year.
The House substitute to SB 33 was as follows:
A BILL
To be entitled an Act to amend Chapter 16 of Title 45 of the Official Code of Georgia Annotated, relating to coroners, so as to change the qualifications for the office of coroner; to change the number of hours of the annual training course for coroners; to provide that under certain conditions the Georgia Coroner's Training Council may waive such training for a coroner or deputy coroner during any given year; to define an additional term under the "Georgia Death Investigation Act"; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 16 of Title 45 of the Official Code of Georgia Annotated, relating to coroners, is amended by striking in its entirety subparagraph (b) (1) (D) of Code Section 4516-1, relating to the election, commission, and removal of coroners, and inserting in lieu thereof a new subparagraph (D) to read as follows:
"(D) Has attained the age of 25 years prior to the date of qualifying for election the general primary in the year he qualifies for election to the office. This aubparngraph sHaTI not apply to any pcraon serving aa a coroner on July 1, 1080;"
Section 2. Said chapter is further amended by striking in its entirety Code Section 4516-6, relating to participation by coroners in a training course, and inserting in lieu thereof a new Code Section 45-16-6 to read as follows:
"45-16-6. During every calendar year they are in office, every coroner and deputy coro ner shall be required, as a condition of continuing to serve as coroner, to take the training course of at least 34 16 hours provided by the Georgia Police Academy. Any coroner or deputy coroner on a fee system of compensation taking the training course required by this Code section shall receive the same expense allowance per day as that received by a member of the General Assembly, plus reimbursement of actual transportation costs while traveling by public carrier or the legal mileage rate for the use of a personal automobile and registra tion fees for such training course. Such expense allowance and reimbursements shall be paid by the county governing authority from county funds. In the event, however, that a coroner or deputy is prevented in any calendar year from taking such training by sickness or other providential cause, the requirement of training for that year may be waived by the judge of the probate court Georgia Coroner's Training Council."
Section 3. Said chapter is further amended by adding at the end of Code Section 45-1621, relating to definitions under the "Georgia Death Investigation Act," a new paragraph (16) to read as follows:
"(16) 'Unattended death,' 'died unattended,' or 'died unattended by a physician' means a death where a person dies of apparently natural causes and has no physician who can certify the death as being due to natural causes. If the suspected cause of death directly

WEDNESDAY, MARCH 25, 1992

2755

involves any trauma or complication of such trauma, the death must be reported to the coroner or county medical examiner. An unattended death also occurs when a person is admitted in an unresponsive state to a hospital and dies within 24 hours of admission."
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 33.

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

Those voting in the affirmative were Senators:

Alien Baldwin Bishop Bowen Brown of 26th Burton Coleman Collins Dawkins Dean Echols Edge Egan English Foster 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 Scott Starr Steinberg Tate Taylor Thompson Turner Tysinger Walker of 22nd Walker of 43rd White

Those not voting were Senators:

Albert Broun of 46th Clay

Deal Garner Perdue

Shumake Timmons

On the motion, the yeas were 48, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 33.

SB 379. By Senators Kidd of the 25th, Deal of the 49th, Garner of the 30th and others:
A bill to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to enact the "Georgia Register Act"; to provide for the publication of a Georgia Register and its governance by the Georgia Register Board; to provide for the membership, powers, duties, procedures, and operations of the board; to provide for the contents of the Georgia Register to include cer tain information with respect to certain proposed, pending, and adopted govern mental actions and certain other material.

The House substitute to SB 379 was as follows:

A BILL
To be entitled an Act to amend Chapter 25 of Title 50 of the Official Code of Georgia Annotated, relating to the GeorgiaNet Authority, so as to provide that such authority shall publish and sell a publication to be called the Georgia Register; to define certain terms; to provide for the content of such publication; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 25 of Title 50 of the Official Code of Georgia Annotated, relating to the GeorgiaNet Authority, is amended by redesignating Code Sections 50-25-6 through 5025-12 as Code Sections 50-25-7 through 50-25-13, respectively, and by inserting immediately following Code Section 50-25-5 the following:
"50-25-6. (a) As used in this Code section, the term:
(1) 'Agency' means:
(A) The Governor in the exercise of all executive powers;
(B) Each other state officer, department, departmental unit, board, bureau, or commis sion expressly authorized by law to make rules and regulations; and
(C) The General Assembly.
(2) 'Meeting' means an open and public meeting of an agency to which Chapter 14 of this title applies but shall not include a special meeting called on less than 24 hours' notice.
(3) 'Period' means the time since the closing date of the previous issue of the Georgia Register.
(b) The authority shall publish or cause to be published through printed and electronic media and sell a publication entitled the Georgia Register which shall include information made available by the agencies through electronic media related to:
(1) Notice of adoption of all rules filed during the period;
(2) A summary of each rule proposed during the period and a statement of the manner in which a copy of the complete text of the rule may be obtained;
(3) The complete text of all rules adopted during the period;
(4) All agency meeting notices showing the time, place, and date of the meeting, and the text of rules proposed for consideration or a reference where the text of the proposed rules is published, including a statement of the manner in which a copy of the agenda may be obtained;
(5) All executive orders or proclamations issued by the Governor;
(6) A summary of all state contracts or requests for proposals of an amount more than $100,000.00 and a statement of the manner in which a copy of the complete contract or request for proposal may be obtained;
(7) All official and unofficial Attorney General opinions and a summary of each opinion;
(8) The full text of agency emergency rules;
(9) Notice of land acquisitions or transfers with a value of more than $50,000.00, includ ing a statement of the manner in which more detailed information may be obtained;
(10) For each session of the General Assembly:
(A) An abstract of each bill that is introduced;
(B) A synopsis of each bill that is enacted; and
(C) The status of each bill;
(11) The hearing calendar of the Supreme Court;
(12) The hearing calendar of the Court of Appeals;
(13) A table of contents; and
(14) An index.
(c) No state appropriated funds shall be used for any purpose stated in this Code section."

WEDNESDAY, MARCH 25, 1992

2757

Section 2. All laws and parts of laws in conflict with this Act are repealed.

Senator Kidd of the 25th moved that the Senate agree to the House substitute to SB 379.

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

Those voting in the affirmative were Senators:

Alien Baldwin Bowen Broun of 46th Brown of 26th
Burton Clay Collins DDeaawl kins
Dean Edge Egan English Foster Gillis

Hammill Harris Hasty Henson Hill
"ooks Huggms Johnson KLaidndgford
Marable Moye Newbill Perdue Perry Phillips

Pollard Ragan of 10th Ragan of 32nd Ramsey Ray
Robinson gcott Q, ^Sttaemrrberg
Tate Taylor Thompson Turner Tysinger White

Those not voting were Senators:

Albert Bishop Coleman

Echols Garner Shumake

Timmons Walker of 22nd Walker of 43rd

On the motion, the yeas were 47, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 379.

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.

The House substitute to SB 643 was as follows:

A BILL
To be entitled an Act to amend Code Section 40-6-221 of the Official Code of Georgia Annotated, relating to definitions regarding handicapped parking, so as to change a defini tion; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 40-6-221 of the Official Code of Georgia Annotated, relating to definitions regarding handicapped parking, is amended by striking paragraph (7) is amended by striking paragraph (7) and inserting in its place a new paragraph (7) to read as follows:
"(7) 'Temporarily handicapped person' means a handicapped person whose disability or incapacity can be expected to last for not more than 180 days and shall include, but not be

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JOURNAL OF THE SENATE

limited to any woman who is pregnant and who presents a sworn affidavit of a medical doctor attesting to a medical need for handicap access."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

Senator Clay of the 37th moved that the Senate agree to the House substitute to SB 643.

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

Those voting in the affirmative were Senators:

Alien Baldwin Bowen Broun of 46th Brown of 26th Burton Coleman Dawkins Deal Dean 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 Scott Starr Steinberg Tate Thompson Timmons Turner Tysinger White

Those not voting were Senators:

Albert Bishop Clay Collins

Echols Pollard Robinson Shumake

Taylor Walker of 22nd Walker of 43rd

On the motion, the yeas were 45, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 643.

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 House substitute to SB 660 was as follows:

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 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

WEDNESDAY, MARCH 25, 1992

2759

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 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 and any other authorized representatives of a nonprofit corporation cre ated pursuant to paragraph (1) of this subsection 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 corpo ration to discuss the location or development of new business, industry, or tourism within the 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 con duct 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 commissioner and he shall make such report avail able to each board member within the region and to the Board of Community Affairs. 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 de partment shall conduct a performance audit of each nonprofit corporation 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; 4 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. 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 660.

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 Collins Dawkins Deal Dean Edge

Egan English Foster Gillis Hammill Harris Hasty Henson Hooks Huggins Johnson Kidd Langford

Marable Moye Newbill Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Steinberg Tate Taylor

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JOURNAL OF THE SENATE

Thompson Timmons

Turner Tysinger

Walker of 43rd White

Those not voting were Senators:

Clay Coleman Echols Garner

Hill Perdue Robinson Scott

Shumake Starr Walker of 22nd

On the motion, the yeas were 45, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 660.

Senator Deal of the 49th, President Pro Tempore, assumed the Chair.

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

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.

The House amendment to SB 487 was as follows:

Amend SB 487 by inserting, immediately following line 6 of page 1, the following:
"amend Code Section 40-6-391 of the Official Code of Georgia Annotated, relating to driving under the influence of alcohol or drugs, so as to define the separate offense of endan gering a child by driving under the influence of alcohol or drugs; to provide that said offense shall not be merged with the offense of driving under the influence of alcohol or drugs; to provide for a penalty; to".
By inserting between lines 16 and 17 of page 10 the following:
"Section 2. Code Section 40-6-391 of the Official Code of Georgia Annotated, relating to driving under the influence of alcohol or drugs, is amended by adding immediately following subsection (k) a new subsection to be designated as subsection (1) and to read as follows:
'(1) A person who violates this Code section while transporting in a motor vehicle a child under the age of 14 years is guilty of the separate offense of endangering a child by driving under the influence of alcohol or drugs. The offense of endangering a child by driv ing under the influence of alcohol or drugs shall not be merged with the offense of driving under the influence of alcohol or drugs for the purposes of prosecution and sentencing. An offender who is convicted of a violation of this subsection shall be punished in accordance with the provisions of subsection (d) of Code Section 16-12-1, relating to the offense of contributing to the delinquency, unruliness, or deprivation of a child.' "
By renumbering Section 2 as Section 3.

Senator Dawkins of the 45th moved that the Senate agree to the House amendment to SB 487.

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

Those voting in the affirmative were Senators:

WEDNESDAY, MARCH 25, 1992

2761

Albert Alien Baldwin
Bishop Bowen
Broun of 46th Brown of 26th Burton
Clay Collins Dawkins
Dean Edge Egan
English Foster

Gillis Hammill Harris
Hasty Henson
Hooks Huggins Johnson
Kidd Langford Marable
Moye Newbill Perry
Phillips Pollard

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

Those not voting were Senators:

Coleman Deal (presiding) Echols

Garner Hill Perdue

Shumake Walker of 22nd

On the motion, the yeas were 48, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 487.

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

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.

The House amendment to the Senate amendment to HB 1369 was as follows:

Amend the Senate amendment to HB 1369 by striking from lines 6 through 8 of page 1 the following:
"minor child or minor children into the enclosed area and into a voting compartment or voting machine booth;",
and inserting in its place the following:
"child or children under 12 years of age into the enclosed area and into a voting com partment or voting machine booth; to provide for conditions;".
By striking "electors' minor children" from line 22 of page 1 and inserting in its place the following:
"persons' children under 12 years of age accompanying such persons".
By striking from lines 1 through 5 of page 2 the following:
"voting by such elector's minor child or children unless a poll officer determines that svuocthingc.h"i'l.d", or children are causing a disturbance or are interfering with the conduct of

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JOURNAL OF THE SENATE

and inserting in its place the following:
"voting by such elector's child or children under 12 years of age unless the poll manager or an "assistant manger determines in his sole discretion that such child or children are caus ing a disturbance or are interfering with the conduct of voting. Children accompanying an elector in the enclosed space pursuant to this subsection shall not in any manner handle any ballot nor operate any function of a voting machine or vote recorder under any circumstances."""1
By striking "electors' minor children" from lines 16 and 17 of page 2 and inserting in its place the following:
"person's children under 12 years of age accompanying such persons".
By striking from lines 26 through 29 of page 2 the following:
"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." '.",
and inserting in its place the following:
"voting by such elector's child or children under 12 years of age unless the poll manager or an assistant manager determines in his sole discretion that such child or children are causing a disturbance or are interfering with the conduct of voting. Children accompanying an elector in the enclosed space pursuant to this subsection shall not in any manner handle acnirycumbasltlaontcenso.r""*o""perate any function of a voting machine or vote recorder under any

Senator Kidd of the 25th moved that the Senate agree to the House amendment to the Senate amendment to HB 1369.

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 Clay CDoalwliknisns
Dean
Edge
Egan English
Foster
Garner

Gillis Hammill Harris Henson Hill Hooks Huggins Johnson Kidd LMaanrgafbolred
Moye
Newbill
Perdue Perry
Phillips
Pollard

Ragan of 32nd Ramsey Ray Robinson Scott Starr Steinberg T.
Taylor Thompson Timmons Turner Tysmger Walker of 22nd Walker of 43rd White

Those not voting were Senators:

Coleman Deal (presiding)

Echols Hasty

Ragan of 10th Shumake

On the motion, the yeas were 50, nays 0; the motion prevailed, and the Senate agreed to the House amendment to the Senate amendment to HB 1369.

WEDNESDAY, MARCH 25, 1992

2763

The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage:
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.
Senate Sponsor: Senator Giliis of the 20th.
The Senate Committee on Natural Resources offered the following substitute to HB 1322:
A BILL
To be entitled an Act to amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to define a certain term; to provide that falconers comply with certain federal regulations; to delete certain requirements relating to an annual inven tory of raptors; to require a report of acquisition and disposition of raptors; to provide for applicability; to delete certain provisions relating to an annual report by falconers; to pro vide for the transfer of possession of raptors; to provide for the propagation of raptors; to provide for the transport of raptors; to provide for the import into the state of raptors; to provide for nonresident reciprocity; 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; 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; to provide for the tagging of deer carcasses under certain circumstances; to provide that certain traps must bear the owner's and user's trapper's num ber or name; to provide for a penalty; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 27 of the Official Code of Georgia Annotated, relating to game and fish, is amended by striking in its entirety paragraph (58) of Code Section 27-1-2, relating to definitions, and inserting in lieu thereof the following:
"(58) 'Raptor' means a live migratory bird of the family Accipitridac order Falconiformes or the order Strigiformes, other than the bald eagle (Haliaeetus leucocephalus); or of the family Falconidac or the great horned owl (Bubo virginianus) of the family Strigidae or the golden eagle (Aquila chrysaetos)."
Section 2. Said title is further amended by striking in its entirety subsection (b) of Code Section 27-1-21, relating to the seizure and disposal of wildlife illegally taken or possessed, and inserting in lieu thereof the following:
"(b) If the wildlife seized is perishable or if by its nature, size, or quantity it cannot be humanely, conveniently, or economically stored, held, or contained, or if the wildlife seized poses a threat to public safety or public health, the commissioner may at any time order that it be disposed of and the proceeds, if any, held in escrow for 30 days following such seizure. If the owner thereof or the person in possession at the time of seizure files an action pursuant to this Code section, the action will be for the return of the proceeds, if any, and the proceeds will be held in escrow until final disposition of the action. If no such action is filed, the proceeds shall be paid into the state treasury."
Section 3. Said Title is further amended by striking in its entirety Code Section 27-217, relating to falconry permits and related matters, and inserting in lieu thereof the following:
"27-2-17. (a) It shall be unlawful for any person to trap, take, transport, or possess raptors for falconry purposes unless the person first procures, in addition to a valid hunting

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license, a valid falconry permit as provided in Code Section 27-2-23, provided that it shall not be unlawful for a nonresident to transport or possess raptors in this state for falconry purposes if the person has a nonresident hunting license, as provided in Code Section 27-223, and a falconry license or permit from the state of residence of the person, which state meets federal falconry standards.
(b) There shall be three classes of falconry permits: apprentice, general, and master. Permittees shall comply with all standards, requirements, and limitations applicable to each class as provided in 50 C.F.R. Part 21, as now or hereafter amended. Prior to the issuance of any falconry permit, the applicant shall be required to answer correctly 80 percent of the questions on an examination administered by the department relating to the basic biology, care, and handling of raptors; the literature on raptors; and the laws and regulations per taining to raptors. Permits to take, transport, or possess raptors shall be issued in accor dance with the standards, requirements, and limitations set forth in 50 C.F.R. Parts 17 and 21, now or hereafter amended through February 1, 1084.
(c) It shall be unlawful for any person to trap, transport, or possess a golden eagle (Aquila chrysaetos) unless authorized in writing as provided in by 50 C.F.R. Part 22 (1079) as now or hereafter amended.
(d) It shall be unlawful for a falconer to trade or transfer a raptor to another falconer unlcsa prior written approval has been obtained from the department and unleaa no money or othcf conaidcration ia involved in the transaction sell, purchase, or barter or to offer to sell, purchase, or barter any raptor to another falconer unless the raptor is marked on the metatarsus by a seamless, numbered band provided by the United States Fish and Wildlife Service, as required by 50 C.F.R. Part 21.
(e) By September 28, 1077, all persons possessing raptors shall oubmit to the depart ment an inventory and description of all raptors in their possession, except those held for acicntific or zoological purposes, whether or not the person intends to aubmit an application for a falconry permit. No raptor may be lawfully acquired after the submission of auch in vcntory unlcsa the pcraon acquiring the raptor first obtains a raptor marker from the United States Fiah and Wildlife Service and attachca it to the raptor immediately upon acquisition. No raptor may be possessed under authority of a falconry permit unless the permittee has a properly completed federal Form 3-186A Migratory Bird Acquisition/Disposition Report for each bird possessed.
(f) Any pcraon poaacsaing a raptor before July 1, 1077, is required to band the raptor with a raptor marker from the United States Fish and Wildlife Service, provided, however, that such raptor cannot be replaced if death, losa, release, or escape occurs. A raptor may be transported or held in temporary facilities, which shall be equipped with an adequate perch and protected from extreme temperatures and excessive disturbance, for a period not to exceed 30 days.
(g) Any person possessing raptors before July 1,1077 1992, in excess of the number allowed by his falconry permit may keep the extra raptors. All such raptors shall be identi fied by raptor markers furnished by the United State Fish and Wildlife Service and cannot be replaced, nor can any additional raptors be obtained, until the number possessed is at least one less than the total number authorized by said permit.
(h) A person who possesses a lawfully acquired raptor before July 1, 1077 1992, and who fails to meet the falconry permit requirements shall be allowed to retain the raptors. All such birds shall be identified with raptor markers furnished by the United States Fish and Wildlife Service and cannot be replaced if death, loss, release, or escape occurs.
(i) It shall be unlawful for any person to alter, counterfeit, or deface a raptor marker furnished by the United States Fish and Wildlife Service; provided, however, that persons possessing a falconry permit may remove the rear tab and may smooth any imperfect sur face, as long as the integrity of the marker and numbering is not affected.
(j) By July 31, of each year, every pcraon possessing a valid falconry permit shall aubmit

WEDNESDAY, MARCH 25, 1992

2765

a report to the department. This report shall be made on a form containing the following information and such other information as may be prescribed by the department.
(1) A listing of all raptors in the falconer's possession, which listing ahull include apccica, raptor marker number, acx (if known), age (if known), date when acquired, and where or from whom acquired, and
(2) A lioting of all raptora poaacaacd or acquired oincc the previous annual report but no longer poaacascd, which listing shall include opccics, raptor marker number, sex (if known), age (if known), date when the raptor was acquired, date when poaacaaion ended, identity of the pcraon from whom the raptor was acquired or to whom it was given, and whether the raptor escaped, died, or was released, and when auch event occurred. No permittee may take, purchase, or otherwise acquire, sell, barter, transfer, or otherwise dispose of any raptor unless such permittee submits a properly completed federal Form 3-186A Migratory Bird Acquisition/Disposition Report to the issuing office of the United States Fish and Wildlife Service and sends a copy of such form to the department within five calendar days of such transaction.
(k) All persons applying for a falconry permit and all permitted falconers shall, by ap plication for said permit, be deemed to agree to make their raptor housing facilities and falconry equipment (including but not limited to mews, weathering areas, jesses, leashes and swivels, bath containers, perches, and weighing devices) available at reasonable times for inspection and certification as to compliance with federal standards by authorized agents of the department; provided, however, that no falconry permit may be issued until the appli cant's raptor housing facilities and falconry equipment have been so inspected and certified.
(1) A falconry permittee shall obtain written authorization from the department before any species not indigenous to Georgia is intentionally released to the wild, at which time the released bird's marker, if any, shall be removed and surrendered to the department. The marker, if any, from an intentionally released bird which is indigenous to Georgia shall also be removed and surrendered to the department. A standard federal bird band shall be at tached to such birds by the department or by a federal bird bander authorized by the United States Fish and Wildlife Service, whenever possible.
(m) Another pcraon may take care of the birds of a permittee if written authorization from the permittee accompanica the birds when they arc transferred. If the period of care will exceed 80 days, the department shall be informed in writing by the permittee within three days of the tranafcr as to where the birdo arc to be held, the rcaaon for the transfer, the pcraon caring for the raptors, and the approximate number of days they will be in the pcraon'a care. A raptor possessed under authority of a falconry permit may be temporarily held by a person other than the permittee only if that person is otherwise authorized to possess raptors and only if the raptor is accompanied at all times by a properly completed federal Form 3-186A Migratory Bird Acquisition/Disposition Report designating the permit tee as the possessor of record and by a signed and dated statement from the permittee authorizing the temporary possession.
(n) Feathers that are molted or those feathers from birds held in captivity that die may be retained and exchanged by permittees only for imping purposes.
(o) It shall be unlawful for apprentice falconers to take young birds raptors not yet capable of flight (eyasses). General or master falconers may take such birds only between May 1 and June 30, provided that no more than two such birds may be taken by any per mittee during this period.
(p) First-year birds (passage) raptors may be taken by permittees only from September 1 through December 31.
(q) Marked raptors may be retrapped at any time by holders of valid falconry permits.
(r) Only American kestrels (Falco sparverius) and great-horned owls (Bubo virginianus) may be taken when over one year old, except that any raptor taken under a depredation (or

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special purpose) permit, other than endangered or threatened species, may be used for fal conry by general and master falconers.
(s) It shall be lawful for a falconer meeting the requirements of this Code section to take small game with raptors, provided that the falconer observes the provisions of this Code section and the laws and regulations regulating the taking of small game.
(t) The department may issue raptor propagation pcrmito aubjcct to the standards, rcquiremcnta, and limitations act forth in 60 C.F.R. Section 21.80, as amended through Fcbm ary 1, 1084. All applications must be made in writing and oubmittcd together with a com pleted application for a federal raptor propagation permit prepared in accordance with 60 C.F.R. Section 21.80, aa amended through February 1, 1084. Raptor propagation and activi ties associated with raptor propagation are permitted in accordance with the provisions of 50 C.F.R. Part 21, as now or hereafter amended. No additional state permit is required; provided, however, that all persons engaging in such activities shall submit one copy of each federally required report to the department at the time such report is submitted to federal authorities.
(u) Holders of Georgia falconry permits may transport the raptors held under their permits within this state, may remove the raptors from this state for meets, trials, and hunt ing in other states, and may bring such raptors back into this state without obtaining a Georgia importation permit; provided, however, that any person transporting a raptor into another state shall obtain any permit or license required for his activities by the state into which he transports the raptor'
(v) A falconry permittee may import into this state a legally acquired raptor without obtaining a Georgia wildlife importation permit if a properly completed federal Form 3186A Migratory Bird Acquisition/Disposition Report shall accompany each raptor during importation and the permittee complies with all applicable requirements of the state of origin.
(w) It shall be lawful for a nonresident to take or attempt to take raptors from the wild in this state if the nonresident has a valid general or master level falconry permit from such person's state of residence and a valid Georgia nonresident hunting license and if such per son's state of residence provides the same privileges to residents of Georgia?1
Section 4. Said title is further amended by striking in their entireties subsections (a) and (b) of Code Section 27-2-22.1, relating to commercial fox breeding and hunting, and inserting in lieu thereof, respectively, the following:
"(a) It shall be unlawful for any person to trap and sell live fox without first procuring a commercial trapping license provided for in Code Section 27-2-23 and obtaining a permit from the department to trap and acll live fox. The department may grant such a permit when, in ita discretion, it determines that the issuance of the permit is in the beat interest of the wildlife resources and citizens of this state. If such a permit is iaaucd, the department ahall prescribe the term for each permit and may impose conditions as it determines nccca oary, including, but not limited to, the condition that live fox may only be aold to persona having a valid permit of license provided for in thia Code section. Notwithstanding any other provision of this title to the contrary, live fox may be taken from the wild only during trapping season and' may be sold only to licensed commercial fox hunting preserves or li censed commercial fox breeders. Foxes may be held during open trapping season for up to five days until sold but must be sold or dispatched within five days after the close of trap ping season. Any person in possession of a live fox must comply with the provisions of Code Section 27-5-6.
(b) It shall be unlawful for any person to purchase a live fox unless the person selling such game animal has a valid permit or commercial trapping license provided for in thia Code acction and unless the person purchasing such animal has a valid permit or license provided for in this Code section."

WEDNESDAY, MARCH 25, 1992

2767

Section 5. Said title is further amended by striking in its entirety Code Section 27-3-4, relating to legal weapons for hunting wildlife, and inserting in lieu thereof the following:
"27-3-4. It shall be unlawful to hunt wildlife with any weapon, except that:
(1) Longbows and compound bows may be used for taking small game. Longbows and compound bows for hunting deer are permitted only during the regular hunting season and during the archery season for deer, provided that longbows and compound bows have a minimum recognized pull of 40 pounds at 28 inches of drag. Arrows for hunting deer must be broadhead type, with Q minimum width of seven eighths of an inch;
(2) During primitive weapon hunts, longbows, compound bows, muzzleloading rifles of .44 caliber or larger with iron sights and muzzleloading shotguns of 20 gauge or larger loaded with single shot may be used;
(3) Firearms for hunting deer, bear, and feral hogs are limited to 20 gauge shotguns or larger shotguns loaded with slugs or buckshot (except that no buckshot is permitted on state wildlife management areas unless otherwise specified), muzzleloading rifles of .44 caliber or larger, and rifles using any center-fire cartridge .22 caliber or larger; provided, however, that a .218 Bee, .22 Hornet, .26-20, .266 Magnum, guna using .30 caliber army carbine cartridges, .82-20, .82 40, .867 Magnum, .88 Special, .38-40, and .44 40 shall not be used, provided, further however, that firearms for hunting feral hogs, other than those weapons specified in this paragraph, may be authorized by rule or regulation of the board. Handguns with a barrel length of 6.6 inches or more, adjustable sights, and capable of delivering at least 500 foot-pounds of energy at a distance of 100 yards may be used for hunting game animals deer, bear, or feral hogs. Bullets used in all rifles and handguns must be of the expanding typer-tt ahall be unlawful for any person, when hunting with four or more other hunters, to use a handgun or rifle while hunting deer with dogs;
(4) Weapons for hunting small game, nongamc animals, or nongamc birds shall be lim ited to shotguns with shot shell size of no greater than 3 '/z inches in length with No. 2 lead shot or smaller or steel shot size of BBB F or smaller shot, .22 rimfire rifles firearms, guna using .30 caliber army carbine cartridges, tHc .32-20, any center fire rifles with bore diameter of .267 or smaller, all caliber pistols, muzzleloading firearms, longbows, and compound bows; provided, however, that nothing contained in this paragraph shall permit the taking of pro tected species;
(5) (A) For hunting deer, shotguns shall be limited to a capacity of not more than five shells in the magazine and chamber combined. If a plug is necessary to so limit the capacity, the plug shall be of one piece, incapable of being removed through the loading end of the magazine.
(B) For hunting all other game, shotguns shall be limited to a capacity of not more than three shells in the magazine and chamber combined. If a plug is necessary to so limit the capacity, the plug shall be of one piece, incapable of being removed through the loading end of the magazine;
(6) The use of crossbows for hunting within this state is prohibited; provided, however, that individuals with medically certified disability affecting the extremities which precludes the use of a regular or compound bow may be issued a apccial permit for the use of a cross bow, and such permits shall be issued upon receipt of a letter from a physician licensed to practice medicine under the laws of Georgia which certifies that such individual has a per manent disability to the extremities cither through amputation or loss of function which renders the use of a regular or compound bow impossible who receive and retain in their possession a lifetime honorary hunting and fishing license pursuant to paragraph (2) of sub section (a) of Code Section 27-2-4 by filing with the department a letter from the United States Department of Veterans Affairs or from a physician licensed to practice medicine under the laws of Georgia which letter certifies that such resident is totally and permanently disabled and which letter contains information establishing that such certification is based upon application of the guidelines and procedures for determining total disability ratings for compensation as contained in the United Stated Department of Veterans Affairs Schedule

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JOURNAL OF THE SENATE

for Rating Disabilities, Loose Leaf Edition, may use a crossbow for hunting deer during the archery season for deer and during primitive weapons hunts on wildlife management areas. Additionally, individuals who do not qualify for an honorary hunting license but have had amputation of an arm or hand may be issued a special permit by the department to hunt deer with a crossbow. Individuals who have received a special crossbow hunting permit from the department prior to July 1, 1992, may continue to hunt deer with a crossbow;

(7) It shall be unlawful to hunt turkey with any weapons except shotguns using No. 2 shot or smaller, muzzleloading rifles, longbows, or compound bows. Any person taking tur key in violation of this paragraph shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as for a misdemeanor, except that a fine imposed for such viola tion shall not be less than $250.00;

(8) Weapons for hunting squirrel, rabbit, and raccoon shall bo limited to shotguns with No. 2 ahot or smaller shot, .22 rimfirc flrcafma, muzzle loading rifles, longbows, and com pound bowa There are no firearms restrictions for taking nongame animals or nongame birds;

(9) The use of silencers for hunting within this state is prohibited."

Section 6. Said title is further amended by striking in their entireties subsections (a), (b), and (f) of Code Section 27-3-15, relating to season and bag limits and related matters, and inserting in lieu thereof, respectively, the following:

"(a) It shall be unlawful to hunt the following game species at any time during the period periods set forth below:

Game Species

Closed Season

(1) Quail

March 16 -- Oct. 31

(2) Grouse

March 1 -- Oct. 14

(3) Turkey

(A) Gobblers

May 6----March 14 May 22 -- March 14

(B) Hens

All year

(4) Deer

Jan. 16 -- Sept. 14

(5) Bobcat

March 1 -- Oct. 14

(6) Opossum

March 1 -- Oct. 14, for that area north of and including Haralson, Paulding, Bartow, Cherokee, Forsyth, Hall, Banks, Franklin, and Hart counties

(7) Rabbit

March 1 -- Nov. 18 Oct. 31

(8) Raccoon

March 1 -- Oct. 14, for that area north of and including Carroll, Fulton, Gwinnett, Barrow, Clarke, Oglethorpe, Taliaferro, Wilkes, and Lincoln counties

(9) Squirrel

March 1 -- August 14 .

(10) Bear

Jan. 16 -- Sept. 14

(11) Sea Turtles and their eggs

All year

(12) Cougar

All year

WEDNESDAY, MARCH 25, 1992

2769

(Felis concolor)
(13) Alligators
(14) Migratory game birds

Nov. 1 -- March 31 March 11 -- August 31

(b) It shall be unlawful to hunt the following game species at any time during the pe riod set forth below, except that it shall not be unlawful to hunt the following game species during such periods or portions thereof, and in such number not to exceed the following numbers, as may be designated by the board as open seasons and bag limits for such species:

Games Species
(1) Quail
(2) Grouse
(3) Turkey gobbers
(4) Deer

Maximum Open Season
Nov. 1 -- March 15
Oct. 15 -- Feb. 29
March 15 -- May 21
Sept. 15-- Jan. 15

Maximum Bag Limits

Daily

Season

12

No limit

No limit

33

33

5 Up to two deer per
managed hunt may be allowed on wild life management ar eas without comply^ ing with the state wide bag limit

(5) Bobcat (6) Oppos-
sum
(7) Rabbit (8) Raccoon

Oct. 15 -- Feb. 29
(A) Oct. 15 -- Feb. 29, for that area north of and including Haralson, Paulding, Bartow, Cherokee, Forsyth, Hall, Banks, Frank lin, and Hart counties; and
(B) Jan. 1 -- Dec. 31 for the re mainder of the state
Nov. 1 -- Feb. 29
(A) Oct. 15 -- Feb. 29, for that area north of and including Carroll, Fulton,

No limit No limit No limit No limit

No limit No limit

W 12

No limit

No limit No limit

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JOURNAL OF THE SENATE

(9) Squirrel
(10) Fox
(11) Migratory game birds
(12) Bear
(13) Alligators

G w i nne11, Barrow, Clarke, Oglethorpe, Taliaferro, Wilkes, and Lincoln counties; and
(B) Jan 1 -- Dec. 31 for the remainder of the state
Aug. 15 -- Feb. 29
Jan. 1 -- Dec. 31
Sept. 1 -- March 10
Sept. 15 -- Jan. 15
April 1 -- Oct. 31

No limit No limit

W 12

No limit

No limit No limit

Subject to limits set by the federal government and adopted by the board
11

Subject to limits adopted by the board"

"(f) Notwithstanding the provisions of subsections (a) and (b) of this Code section, it shall be unlawful to take the species designated below, except squirrels, by means of fal conry at any time during the period March 16 through September 30; but it shall not be unlawful to take the species designated below, except squirrels, by means of falconry during the period October 1 through March 15. It shall be unlawful to take squirrels by means of falconry at any time during the period March 16 through August 14, but it shall not be unlawful to take squirrels by means of falconry at any time during the period August 15 through March 15 in such number not exceeding the bag limits for each such species as follows:

Games Species

Maximum Bag Limits

Dally

Season

(1) Quail (2) Grouse (3) Rabbit (4) Squirrel

12 3 W 12 49 12

No limit No limit No limit No limit"

Section 7. Said title is further amended by striking in their entirety subsections (a) and (b) of Code Section 27-3-45, relating to the removal of a deer carcass from the place of killing without affixing a tag to such carcass, and inserting, respectively, the following:
"(a) It shall be unlawful for any person killing a deer to remove the carcass from the place of killing until such person detaches from his license the appropriate tag and attaches such tag to the carcass; provided, however, that the carcasses of deer killed on a wildlife management area managed hunt requiring hunter check-in and check-out of harvested deer will be tagged at the check station with a special wildlife management area tag. The tag deer tags shall be properly filled out and shall remain on the deer at all times until it has been processed for consumption. Any person who has possession of a deer that is not properly

WEDNESDAY, MARCH 25, 1992

2771

tagged shall be guilty of a misdemeanor. Any deer found not properly tagged shall be confiscated.
(b) It shall be unlawful to transfer or reuse a deer tag or to obtain, possess, or otherwise use multiple sets of licenses including, without limitation, landowners' or honorary licenses, for the purpose of circumventing the season bag limit for deer?1
Section 8. Said title is further amended by striking in its entirety paragraph (4) of subsection (a) of Code Section 27-3-63, relating to general offenses and penalties relative to wildlife, which reads as follows:
"(4) Trap any wildlife by the use of traps which are not stamped with the owner's current license number or name in such a manner that the current license number or name is legible at all times. Any trap or traps found that are not stamped as required by this Code section may be confiscated and destroyed by the department through its officers and conser vation rangers;",
and inserting in lieu thereof the following:
"(4) Trap any wildlife by the use of any trap or other device which is not legibly etched, stamped, or tagged by affixing a stamped metal tag showing the owner's permanent trap per's identification number as provided by the department or the owner's name. In the event that a trap or other device etched or stamped with the owner's permanent trapper's identification number or name is being used in the field by another, such trap or device must have attached to it a stamped metal tag with the user's permanent trapper's identifica tion number or name. Any trap or other device found in use in the field which is not etched, stamped, or tagged as required by this paragraph may be confiscated and destroyed by the department through its officers and conservation rangers;"
Section 9. 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 Bishop Bowen Broun of 46th Brown of 26th
^ urton Clay CCoollleimnsan Dawkins Dean Edge Egan English Foster Garner

Gillis Hammill Harris Hasty Henson Hill
ooks Huggms JKoihdndson Langford Marable Newbill Perry Phillips Pollard Ragan of 10th

Ragan of 32nd Ramsey Ray Robinson Scott Starr
Steinberg Tate T,,ayl,or Thompson rimmons Turner Tysinger Walker of 22nd Walker of 43rd White

2772

JOURNAL OF THE SENATE

Those not voting were Senators:

Baldwin Deal (presiding)

Echols Moye

Perdue 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.

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

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.

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 Egan English Foster Garner

Hammill Harris Hasty Henson Hooks Huggins Johnson Kidd Langford Marable Newbill 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:

Bowen Deal (presiding) Echols Edge

Gillis Hill Moye

Perdue Shumake Taylor

On the adoption of the resolution, the yeas were 46, nays 0.

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

WEDNESDAY, MARCH 25, 1992

2773

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 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.

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

SB 155. By Senators Scott of the 36th, Foster of the 50th and Kidd of the 25th:
A bill to amend Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to students and school attendance, so as to change the maxi mum age at which a child is required to be enrolled in a public school, private school, or home study program; to change the provisions relating to exemptions from compulsory attendance; to provide for an effective date.

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

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.
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 Collins Dawkins Dean Edge

English Foster Gillis Harris Hasty Henson Hooks Huggins Johnson Kidd Langford Marable

Moye Perry Phillips Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Starr Steinberg Tate

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Taylor Thompson Timmons

Turner Tysinger

Walker of 22nd White

Those not voting were Senators:

Bowen
CDoealelm(apnresiding) Echols Egan

Garner Hammill
Hl11 Newbill

Perdue Pollard
Shumake 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.

Senator Garner of the 30th moved that Senator Alien of the 2nd be excused from the Senate at 5:35 o'clock P.M. for one hour.

On the motion, the yeas were 31, nays 0; the motion prevailed, and Senator Alien of the 2nd was excused from the Senate for one hour.

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

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.
Senate Sponsor: Senator Burton of the 5th.

Senators Burton of the 5th and Marable of the 52nd offered the following amendment:

Amend HB 1871 by inserting on line 6 of page 1 after the word and symbol "curricu lum;" the following:
"to provide that American Sign Language may be accepted for an elective credit or as a third unit of foreign language credit for certain other students;".
By inserting between "20-2-151.1." and "For" on line 14 of page 1 the following: "(a)".
By striking the quotation marks at the end of line 3 of page 2 and inserting between lines 3 and 4 of page 2 the following:
"(b) For the purpose of earning Carnegie unit curriculum credits at the high school level, American Sign Language may be accepted by the State Board of Education for one unit of elective credit or for the third unit of foreign language credit for any student who is not covered by the provisions of subsection (a) of this Code section.' "

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.

WEDNESDAY, MARCH 25, 1992

2775

On 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 Dean Egan English Foster Garner

Gillis Harris Henson Hooks Huggins Johnson Langford Marable Moye Newbill Perdue Perry Phillips Pollard

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

Those not voting were Senators:

Alien (excused) Bishop Bowen Deal (presiding) Echols

Edge Hammill Hasty Hill Kidd

Robinson Shumake Starr Taylor 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.

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

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 Georgia Annotated, relating to the General Assembly, so as to repeal certain pro visions relating to lobbying.

Senator Garner of the 30th moved that the Senate insist upon the Senate substitute to HB 1125.

On the motion, the yeas were 34, nays 0; the motion prevailed, and the Senate insisted upon the Senate substitute to HB 1125.

The following bill of the Senate was taken up for the purpose of considering the Confer ence Committee report thereon:

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;

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to provide a short title; to provide for legislative findings and purpose; to define certain terms.

The Conference Committee report on SB 543 was as follows:
The Committee of Conference on SB 543 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference substitute to SB 543 be adopted.
Respectfully submitted,

FOR THE SENATE:
/a/ Hugh M. Gillis Senator, 20th District
Is/ Earl Echols, Jr. Senator, 6th District
/s/ Rooney L. Bowen Senator, 13th District

FOR THE HOUSE OF REPRESENTATIVES:
/a/ Fisher Barfoot Representative, 120th District
/s/ Robert L. Patten Representative, 149th District
/s/ Bobby Long Representative, 142nd District

Conference Committee 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 prescribe certain duties for the State Forestry 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

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2777

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.
(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 an individual with previous prescribed burning experi ence or training is in charge of the burn and is present on site until the fire is adequately confined to reasonably prevent escape of the fire from the area intended to be burned;
(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 may promulgate a certified prescribed fire manager pro gram whereby practitioners may become qualified and registered under this part.
(b) 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.
(c) The commission may 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.
Senator Gillis of the 20th moved that the Senate adopt the Conference Committee re port on SB 543.
On the motion, a roll call was taken, and the vote was as follows:

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Those voting in the affirmative were Senators:

Albert Baldwin Bowen Broun of 46th Brown of 26th urton

Hammill Harris Hasty Hooks Huggins Johnson

~oDoaiwfi.imknisanns Dean Echols Edge Egan Foster Garner Gillis

L.p..aanragbf.ol.erd Move Newbill Perdue Perry Phillips Pollard Ragan of 10th

Ragan of 32nd Ramsey Ray Robinson Scott Starr
S_T_taetienberg Taylor Thompson Timmons Turner Tysinger Walker of 22nd White

Those not voting were Senators:

Alien (excused) Bishop Clay Deal (presiding)

English Henson Hill

Kidd Shumake Walker of 43rd

On the motion, the yeas were 46, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on SB 543.

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

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.
Senate Sponsor: Senator Garner of the 30th.

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

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

Those voting in the affirmative were Senators:

Albert Baldwin Bowen Broun of 46th Brown of 26th Burton Clay Coleman Collins Dawkins Dean

Echols Edge Egan Foster Garner Hammill Harris Henson Hooks Huggins Johnson

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

WEDNESDAY, MARCH 25, 1992

2779

Scott Starr Steinberg Tate

Thompson Timmons Turner

Tysinger Walker of 22nd White

Those not voting were Senators:

Alien (excused)
BishP Deal (presiding) English Gillis

Hasty Hill
Kldd Moye

Pollard Shumake
Taylor 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.

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

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 House substitute to SB 564 was as follows:

A BILL
To be entitled an Act to amend Title 33 of the Official Code of Georgia Annotated, relating to the regulation of insurance, so as to 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 authority to promulgate rules and regulations; to provide authority for the Commissioner to issue reasonable regulations to establish minimum standards for loss ratios; to provide disclosure standards; to provide for notices relative to the examination of policies; to provide for the Commissioner's ap proval of advertising relative to medicare supplement policies; to provide penalties; to pro vide for 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. Title 33 of the Official Code of Georgia Annotated, relating to the regulation of insurance, is amended by striking Chapter 43, relating to medicare supplement insurance, in its entirety and inserting in its place a new Chapter 43 to read as follows:
"CHAPTER 43
33-43-1. As used in this chapter, the term:
(1) 'Applicant' means:
(A) In the case of an individual medicare supplement policy, or subscriber contract, the person who seeks to contract for insurance benefits; and
(B) In the case of a group medicare supplement policy or subscriber contract, the pro posed certificate holder.

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(2) 'Certificate' means any certificate issued under a group medicare aupplcmcnt policy, which certificate hna boon delivered or issued for delivery in this state under a group medi care supplement policy.
(3) 'Certificate form' means the form on which the certificate is delivered or issued for delivery by the insurer.
(4) 'Issuer' includes insurance companies, fraternal benefit societies, health care service plans, health maintenance organizations, and any other entity delivering or issuing for deliv ery in this state medicare supplement policies or certificates.
(8) (5) 'Medicare supplement policy' means a group or individual policy of accident and sickness insurance or a subscriber contract of hospital and medical service associations or health maintenance organizations, other than a policy issued pursuant to a contract under Section 1876 or Section 1833 of the federal Social Security Act (42 U.S.C. Section 1395 et. seq.) or an issued policy under a demonstration project authorized pursuant to amendments to the federal Social Security Act, which is advertised, marketed, or designed primarily as a supplement to reimbursement under medicare for the hospital, medical, or surgical expenses of persons eligible for medicare by reason of age.
<4) (6) 'Medicare' means the 'Health Insurance for the Aged Act,' Title XVIII of the Social Security Amendments of 1965, as then constituted or later amended.
(7) 'Policy form' means the form on which the policy is delivered or issued for delivery by the insurer.
33-43-2. (a) Except as otherwise specifically provided in Code Section 33-43-4, this chapter shall apply to:
(1) All medicare supplement policies and subscriber contracts delivered or issued for delivery in this state on or after July t 30, -W89 1992; and
(2) All certificates issued under group medicare supplement policies or subscriber contraets, which certificates have been delivered or issued for delivery in this state.
(b) This chapter shall not apply to a policy or contract of one or more employers or labor organizations, w of the trustees of a fund established by one or more employers or labor organizations; or a combination thereof, for employees or former employees; or a com bination thereof, or for members or former members; or a combination thereof; of the labor organizations.
(c) This The provisions of this chapter shall not be construed to prohibit or apply to insurance policies or health care benefit plans, including group conversion policies, provided to medicare eligible persons, which policies are not marketed or held to be medicare supple ment policies or benefit plans.
33-43-3. (a) No medicare supplement insurance policy, contract, or certificate in force in the this state shall contain benefits which duplicate benefits provided by medicare.
(b) Notwithstanding any other provision of this title, a medicare supplement policy or certificate shall not exclude or limit benefits for losses incurred more than six months from the effective date of coverage because it involved a preexisting condition. The policy or cer tificate shall not define a preexisting condition more restrictively than a condition for which medical advice was given or treatment was recommended by or received from a physician within six months before the effective date of coverage!
{fe} (c) The Commissioner shall issue adopt reasonable regulations to establish specific standardiTbr policy provisions of medicare supplement policies and certificates. Such stan dards shall be in addition to and in accordance with applicable laws of this state. No re quirement of this title relating to minimum required policy benefits, other than the mini mum standards contained in this chapter, shall apply to medicare supplement policies and certificates. The standards may cover, but shall not be limited to:
(1) Terms of renewability;

WEDNESDAY, MARCH 25, 1992

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(2) Initial and subsequent conditions of eligibility;
(3) Nonduplication of coverage;
(4) Probationary periods;
(5) Benefit limitations, exceptions, and reductions;
(6) Elimination periods;
(7) Requirements for replacement;
(8) Recurrent conditions; and
(9) Definitions of terms.
(d) Notwithstanding any other provision of this title, a medicare supplement policy may not deny a claim for losses incurred more than six months from the effective date of cover age for n preexisting condition. The policy may not define a preexisting condition more rcatfictivcly than a condition for which medical advice waa given or treatment was recom mended by or received from a physician within six montha before the effective date of
(d) The Commissioner shall adopt reasonable regulations to establish minimum stan dards for benefits, claims payment, marketing practices, compensation arrangements, and reporting practices for medicare supplement policies and certificates.
(e) The Commissioner may adopt from time to time such reasonable regulations as are necessary to conform medicare supplement policies and certificates to the requirements of federal law and regulations promulgated thereunder, including, but not limited to:
(1) Requiring refunds or credits if the policies or certificates do not meet loss ratio requirements;
(2) Establishing a uniform methodology for calculating and reporting loss ratios;
(3) Assuring public access to policies, premiums, and loss ratio information of issuers of medicare supplement insurance;
(4) Establishing a process for approving or disapproving policy forms, certificate forms, and proposed premium increases;
(5) Establishing a policy for holding public hearings prior to approval of premium increases;
(6) Establishing standards for medicare select policies and certificates.
{e} (f) The Commissioner may issue adopt reasonable regulations that specify prohib ited policy provisions not otherwise specifically authorized by statute which, in the opinion of the Commissioner, are unjust, unfair, or unfairly discriminatory to any person insured or proposed for coverage to be insured under a medicare supplement policy or certificate.
83 48-4. The Commissioner shall iaauc reasonable regulations to establish minimum standards for benefits and claims payment, marketing practices, compensation arrange ments, and reporting practices of insurers for medicare supplement policica.
33-43-6. (a) Every inaurcr providing group medicare aupplcmcnt insurance benefits to a resident of this state pursuant to Code 8cction 83-43-2 of this chapter shall file a copy of the master policy and any certificate uacd in this state in accordance with the filing require ments and procedures applicable to group medicare supplement policica iaaucd in thia atatc, provided that no inourcr shall be required to make a filing earlier than 30 days after inaurance waa provided to a resident of this atntc under a master policy issued for delivery outside this state.
(b) 33-43-4. Medicare supplement policies shall return to policyholders benefits which are reasonable in relation to the premium charged. The Commissioner shall issue reasonable regulations to establish minimum standards for loss ratios of medicare supplement policies on the basis of incurred claims experience, or incurred health care expenses where coverage

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is provided by a health maintenance organization on a service rather than reimbursement basis, and earned premiums in accordance with accepted actuarial principles and practices. Every entity providing medicare supplement policica or certificated in this state shall file annually its rates, rating schedule, and supporting documentation demonstrating that it is in compliance with the applicable leas ratio standards of thia state. All filings of rates and rating achcdulcs ahall demonstrate that the actual and expected loasco in relation to prcmi um8 comply with the requirements of thia chapter.
38 43-6 33-43-5. (a) In order to provide for full and fair disclosure in the sale of medi care supplement policies, no medicare supplement policy or certificate shall be delivered in this state unless an outline of coverage is delivered to the applicant at the time application is made.
(b) The Commissioner shall prescribe the format and content of the outline of coverage required by subsection (a) of this Code section. For purposes of this Code section, 'format' means style, arrangements, and overall appearance, including such items as the size, color, and prominence of type and arrangement of text and captions. Such outline of coverage shall include:
(1) A description of the principal benefits and coverage provided in the policy;
(2) A statement of the exceptions, reductions, and limitations contained in the policy;
(3) A statement of the renewal provisions, including any reservation by the insurer is suer of a right to change premiums; and
(4) A statement that the outline of coverage is a summary of the policy issued or ap plied for and that the policy should be consulted to determine governing contractual provisions.
(c) The Commissioner may prescribe by regulation a standard form and the contents of an informational brochure for persons eligible for medicare by reason of age, which is in tended to improve the buyer's ability to select the most appropriate coverage and improve the buyer's understanding of medicare. Except in the case of direct response insurance poli cies, the Commissioner may require by regulation that the information informational bro chure be provided to any prospective insureds eligible for medicare concurrently with delivery of the outline of coverage. With respect to direct response insurance policies, the Commissioner may require by regulation that the prescribed brochure be provided upon request to any prospective insureds eligible for medicare by reason of age, but in no event shall the brochure be provided later than the time of policy delivery.
(d) The Commissioner may promulgate regulations prescribe by regulation for captions or notice requirements, determined to be in the public interest and designed to inform pro spective insureds that particular insurance coverages are not medicare supplement cover ages, for all accident and sickness insurance policies sold to persons eligible for medicare fey reason of age, other than:
(1) Medicare supplement policies;
(2) Disability income policies or limited benefit policies;
(3) Basic, catastrophic, or major medical expense policies; or
(4) Single premium, nonrenewable policies.
(3) The Commissioner may further promulgate adopt reasonable regulations to govern the full and fair disclosure of the information in connection with the replacement of acci dent and sickness policies, subscriber contracts, or certificates by persons eligible for medi care by reason of age.
88 43-7 33-43-6. Medicare supplement policies or certificates shall have a notice promi nently printed on the first page of the policy or certificate or attached thereto stating in substance that the applicant shall have the right to return the policy or certificate within 30 days of its delivery and to have the premium refunded if, after examination of the policy or

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2783

certificate, the applicant is not satisfied for any reason. Any refund made pursuant to this Code section shall be paid directly to the applicant by the inaurcr issuer in a timely manner.
38-48-8 33-43-7. Every insurer, health care service plan, or other entity providing issuer of medicare supplement insurance or bcncfita in this state shall provide a copy of any medicare supplement advertisement intended for use in this state whether through written, ra dio, or television medium to the Commissioner for review and approval by the Commissioner.
33-43-8. Regulations adopted pursuant to this chapter shall be subject to the provisions of this chapter and Code Section 33-2-9.
33-43-9. In addition to any other applicable penalties for violations of this title, the Commissioner may require issuers violating any provision of this chapter or regulations promulgated pursuant to this chapter to cease marketing any medicare supplement policy or certificate in this state which is related directly or indirectly to a violation or may require such issuer to take such actions as are necessary to comply with the provisions of this chap ter, or both."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval for the purposes of the promulgation of rules and regulations by the Commissioner of Insurance and shall become effective for all purposes on July 30, 1992.
Section 3. All laws and parts of laws in conflict with the Act are repealed.

Senator Pollard of the 24th moved that the Senate agree to the House substitute to SB 564.

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 Clay Coleman Collins Dawkins Dean Egan Foster

Hammill Harris Hasty Henson Hooks Huggins Johnson 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:

Deal (presiding) Echols Edge English

Garner Gillis Hill Kidd

Moye Shumake Steinberg

On the motion, the yeas were 45, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 564.

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The following general bills of the House, favorably reported by the committee, were read the third time and put upon their passage:
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.
Senate Sponsor: Senator Dawkins of the 45th.
The Senate Committee on Judiciary offered the following substitute to HB 1779:
A BILL
To be entitled an Act to amend Article 2 of Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to regulation of controlled substances, so as to create a new criminal offense of manufacturing, distributing, dispensing, or possessing with intent to dis tribute a controlled substance or marijuana or a counterfeit substance in, on, or within 1,000 feet of any real property dedicated and set apart by a county or municipal governing au thority as a park, playground, or recreation center or in, on, or within 1,000 feet of any real property of any publicly owned or publicly operated housing project unless such manufac ture, distribution, or dispensing is otherwise allowed by law; to provide for penalties; to provide for nonmerger of offenses and the admittance of evidence; to provide for affirmative defenses to prosecution; to provide for an effective date and applicability; to repeal conflict ing laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 2 of Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to regulation of controlled substances, is amended by adding immediately following Code Section 16-13-32.4 a new Code Section 16-13-32.5 to read as follows:
"16-13-32.5. (a) It shall be unlawful for any person to manufacture, distribute, dispense, or possess with intent to distribute a controlled substance or marijuana or a counterfeit substance in, on, or within 1,000 feet of any real property which has been dedicated and set apart by the governing authority of any municipality or county for use as a park, play ground, recreation center, or for any other recreation purposes, unless the manufacture, dis tribution, or dispensing is otherwise allowed by law.
(b) It shall be unlawful for any person to manufacture, distribute, dispense, or possess with intent to distribute a controlled substance or marijuana or a counterfeit substance in, on, or within 1,000 feet of any real property of any publicly owned or publicly operated housing project, unless the manufacture, distribution, or dispensing is otherwise allowed by law. For the purposes of this Code section, the term "housing project" means any facilities under the jurisdiction of a housing authority which constitute single or multifamily dwelling units occupied by low and moderate-income families pursuant to Chapter 3 of Title 8.
(c) Any person who violates or conspires to violate subsections (a) and (b) of this Code section shall be guilty of a felony and upon conviction shall receive the following punishment:
(1) Upon a first conviction, imprisonment for not more than 20 years or a fine of not more than $20,000.00, or both; or
(2) Upon a second or subsequent conviction, imprisonment for not less than five years nor more than 40 years or a fine of not more than $40,000.00, or both. It shall be mandatory

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2785

for the court to impose a minimum sentence of five years which may not be suspended unless otherwise provided by law.
A sentence imposed under this Code section shall be served consecutively to any other sen tence imposed.
(d) A conviction arising under this Code section shall not merge with a conviction aris ing under any other provision of this article.
(e) In a prosecution under this Code section, a map produced or reproduced by any municipal or county agency or department for the purpose of depicting the location and boundaries of the area on or within 1,000 feet of the real property of any publicly owned or publicly operated housing project or the real property set apart for use as a park, play ground, recreation center, or for any other recreation purposes, or a true copy of the map, shall, if certified as a true copy by the custodian of the record, be admissible and shall constitute prima-facie evidence of the location and boundaries of the area, if the governing body of the municipality or county has approved the map as an official record of the loca tion and boundaries of the area. A map approved under this Code section may be revised from time to time by the governing body of the municipality or county. The original of every map approved or revised under this subsection or a true copy of such original map shall be filed with the municipality or county and shall be maintained as an official record of the municipality or county. This subsection shall not preclude the prosecution from intro ducing or relying upon any other evidence or testimony to establish any element of this offense. This subsection shall not preclude the use or admissibility of a map or diagram other than the one which has been approved by the municipality or county.
(f) The governing authority of a municipality or county may adopt regulations requiring the posting of signs designating the areas within 1,000 feet of any lands or buildings set apart for use as parks, playgrounds, recreation centers, or any other recreation purposes as 'Drug-free Recreation Zones' and designating the areas within 1,000 feet of the real property of any publicly owned or publicly operated housing project as 'Drug-free Residential Zones.'
(g) It is an affirmative defense to prosecution for a violation of this Code section that the prohibited conduct took place entirely within a private residence, that no person 17 years of age or younger was present in such private residence at any time during the com mission of the offense, and that the prohibited conduct was not carried on for purposes of financial gain. Nothing in this subsection shall be construed to establish an affirmative de fense with respect to any offense under this chapter other than the offense provided for in subsections (a) and (b) of this Code section."
Section 2. This Act shall become effective on July 1, 1992, and shall apply to criminal offenses committed on or after that date.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

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 Coleman Collins Dawkins Dean

Echols Egan Foster Gillis Hammill Harris

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Hasty Henson
Hooks H "ggins JLoahnsfoonrd Marable Newbill Perdue Perry

Phillips Pollard
Ragan of 10th Ragan Of 32nd R,, amsey Rav Robinson Scott Starr

Tate Taylor
Thompson Timmons ,,Turner Tysmger Walker of 22nd Walker of 43rd White

Those not voting were Senators:

Clay Deal (presiding) Edge English

Garner Hill Kidd

Moye Shumake Steinberg

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 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.
Senate Sponsor: Senator Starr of the 44th.

The Senate Committee on Judiciary offered the following substitute to HB 1763:

A BILL
To be entitled an Act to amend Chapter 4 of Title 17 of the Official Code of Georgia Annotated, relating to arrests of persons, so as to provide that the Georgia Bureau of Inves tigation shall design and provide forms for reporting 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; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 4 of Title 17 of the Official Code of Georgia Annotated, relating to arrests of persons, is amended by striking Code Section 17-4-20.1, relating to investigation of family violence incidents and preparation of a written report, in its entirety and inserting in lieu thereof the following:
"17-4-20.1 (a) Whenever a law enforcement officer responds to an incident in which an act of family violence, as defined in Code Section 19-13-1, has been committed, the officer shall not base the decision of whether to arrest and charge a person on the specific consent of the victim or on a request by the victim solely; or on consideration of the relationship of the parties. No officer investigating an incident of family violence shall threaten, suggest, or otherwise indicate the arrest of all parties for the purpose of discouraging requests for law enforcement intervention.

WEDNESDAY, MARCH 25, 1992

2787

(b) Where complaints of family violence are received from two or more opposing par ties, the officer shall evaluate each complaint separately to attempt to determine who was the primary aggressor. If the officer determines that one of the parties was the primary physical aggressor, the officer shall not be required to arrest any other person believed to have committed an act of family violence during the incident. In determining whether a person is a primary physical aggressor, an officer shall consider:
(1) Prior family violence involving either party;
(2) The relative severity of the injuries inflicted on each person;
(3) The potential for future injury; and
(4) Whether one of the parties acted in self-defense.
(c) Whenever a law enforcement officer investigates an incident of family violence, whether or not an arrest is made, the officer shall prepare and submit to the supervisor or other designated person a separate written report of the incident entitled 'Family Violence Report.' Forms for such reports shall be designed and provided by the Georgia Bureau of Investigation. The report shall include the following:
(1) Name of the parties;
(2) Relationship of the parties;
(3) Sex of the parties;
(4) Date of birth of the parties;
(5) Time, place, and date of the incident;
(6) Whether children were involved or whether the act of family violence was commit ted in the presence of children;
(7) Type and extent of the alleged abuse;
(8) Existence of substance abuse;
(9) Number and types of weapons involved;
(10) Existence of any prior court orders;
(11) Number of complaints involving persons who have filed previous complaints;
(12) Type of police action taken in disposition of case, the reasons for the officer's de termination that one party was the primary physical aggressor, and mitigating circum stances for why an arrest was not made;
(13) Whether the victim was apprised of available remedies and services; and
(14) Any other information that may be pertinent.
FAMILY VIOLENCE REPORT
State law requires all law enforcement agencies to report all family violence incidents, both arrests and nonarrcats, to the Georgia Crime Information Center. This form must be completed and filed even if an incident report has alao been completed and filed.
Aa defined in O.C.G.A. 10 13.1, family violence means the occurrence of one or more of the following acta between past or present spouacs, parents and children, stepparents and stepchildren, foster parents and foster children, or other persona living in the same household.
(1) Any felony, or
of the offcnaoa of battery, aaaault, criminal da ful restraint, or criminal trcapaaa.

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PLEASE PRINT CASB#------------------------------------ 1. PARTIES INVOLVED (name, addrcaa, date of birth, and acx)

ter-

2. RELATIONSHIP OF PARTIES 8. DATE/TIME/LOCATION 4. CHILDREN INVOLVED? Yes _ No _ AS WITNESSES?
Yes _No _ 6. TYPE/EXTENT OF ALLEGED ABUSE------------------
6. WEAPONS? Yes----Ne----Type/By Whom?

7. SUBSTANCE ABUSE? Yea----Ne----Type/By Whom?

8. ANY PRIOR COURT ORDERS? Yea----Ne----Type/In Effect?

0. NUMBER OF COMPLAINTS INVOLVING PERSONS WHO HAVE FILED PREVI OUS COMPLAINTS
10. POLICE ACTION TAKEN (include reasons for officcra determination that one party wna the primary physical aggressor and mitigating cireumatancca for why an arrest was not made)--------------------------------------------------------------------------------------:------

11. WAS VICTIM APPRISED OF AVAILABLE REMEDIES/SERVICES? EXPLAIN

WEDNESDAY, MARCH 25, 1992

2789

12. ARREST INFORMATION (Who was arrested, pending charges)

13. ANY OTHER PERTINENT INFORMATION?----------------------------------------------

(Investigating officer)----(Date)------------------------------------------------------(Supervisor)

(Received by)

(Date)

(d) The report provided for in subsection (c) of this Code section shall be considered as being made for statistical purposes only and where no arrests are made shall not be subject to the provisions of Article 4 of Chapter 18 of Title 50. However, upon request, a defendant who has been arrested for an act of family violence shall be entitled to review and copy any report prepared in accordance with this Code section relating to the defendant.
(e) Each police department, including local precincts and county sheriff departments, shall report, according to rules and regulations of the Georgia Crime Information Center, all family violence incidents, both arrests and nonarrests, to the Georgia Crime Informed tion Center Georgia Bureau of Investigation, which shall compile and analyze statistics of family violence crimes and cause them to be published annually in the Georgia Uniform Crime Reports. An offense shall be counted for each incident reported to the police. A zero shall be reported if no incidents have occurred during the reporting period."
Section 2. Title 35 of the Official Code of Georgia Annotated, relating to law enforce ment, is amended by adding a new Code Section 35-1-10 to read as follows:
"35-1-10. The Georgia Peace Officer Standards and Training Council shall establish guidelines and procedures for the incorporation of training materials and information in methods for identifying, combating, and reporting family violence incidents for use by law enforcement training centers monitored and funded by the Peace Officers Standards and Training Council and the Georgia Public Safety Training Center in all courses for which they have responsibility and oversight."
Section 3. All laws and parts of laws in conflict with this Act are repealed.

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

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

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

Those voting in the affirmative were Senators:

Albert Alien Baldwin Bowen Broun of 46th

Brown of 26th Burton Clay Coleman Collins

Dawkins Dean Echols Edge Egan

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Foster Gillis Harris
Muggins Johnson Langford Marable

Moye Newbill Perdue
Perry Pollard Raganof32nd Ramsey Ray Robinson

Scott Starr Tate
Taylor Thompson Turner Tysinger Walker of 43rd White

Those not voting were Senators:

Bishop Deal (presiding) English Garner Hammill

Hill Kjdd
Phillips Ragan of 10th

Shumake Steinberg
Timmons Walker of 22nd

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

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

The following general bill of the House, having been read the third time and final ac tion suspended on March 24, pursuant to Senate Rule 143, and placed on the Senate Rules Calendar for today, was continued upon its passage:

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.
Senate Sponsor: Senator Starr of the 44th.

The substitute to HB 1004 offered by Senators Newbill of the 56th, Deal of the 49th and Garner of the 30th and adopted as amended by the amendment offered by Senators Newbill of the 56th, Garner of the 30th and Deal of the 49th on March 24, as they appear in the Journal of March 24, was automatically reconsidered and put upon its adoption.

On the adoption of the substitute, the yeas were 30, nays 0, and the substitute was adopted as amended.

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

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

Those voting in the affirmative were Senators:

Albert Alien Baldwin Bowen Broun of 46th Brown of 26th Burton

Coleman Collins Dawkins Dean Echols Edge Egan

Foster Gillis Harris Hasty Henson Hooks Huggins

WEDNESDAY, MARCH 25, 1992

2791

Johnson Kidd Langford MMoayraeble
Newbill
Perry

Ragan of 10th Ramsey Ray RScoobtitnson
Starr
Steinberg

Tate Taylor Thompson
Turner Walker of 43rd White

Those not voting were Senators:

Bishop Clay Deal (presiding) English Garner

Hammill Hill Perdue Phillips Pollard

Ragan of 32nd Shumake 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 by substitute.

The following local bill of the House was taken up for the purpose of considering the Conference Committee report 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.

The Conference Committee report on HB 1924 was as follows:
The Committee of Conference on HB 1924 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference substitute to HB 1924 be adopted.
Respectfully submitted,

FOR THE SENATE:
/s/ Ed Perry Senator, 7th District
/s/ R. Joseph Hammill Senator, 3rd District
/s/ Earl Echols, Jr. Senator, 6th District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Hanson Carter Representative, 146th District
/s/ Henry Bostick Representative, 138th District
/s/ Denmark Groover Representative, 99th District

Conference Committee 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 for the election of members; to provide definitions and inclusions; to provide for submission of this Act to the United States Attorney General; to provide for a referendum; to provide for effective dates; to repeal con flicting 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,

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1971 (Ga. L. 1971, p. 3044), is amended by striking Section 1 of said Act in its 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. 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, 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, 140B, 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

WEDNESDAY, MARCH 25, 1992

2793

Tract: 9703. Block(s): 108, 109, 110, 111, 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 ALPAHA
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, 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;

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(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. Said Act is further amended by striking Section 2 in its entirety and inserting in lieu thereof the following:
"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. Said Act is further amended by striking Section 3 in its entirety and inserting in lieu thereof the following:
"Section 3. (a) The election superintendent shall call and conduct a special primary as soon as possible after the referendum held pursuant to Section 6 of this Act. At a special election to be held on the date of and in conjunction with the general election in November, 1992, new members shall be elected from Education Districts 1, 3, 6, and 7 to succeed mem bers George W. Rowan, Jr., J. R. McMillan, Lillian P. Houston, and Donald H. Powell whose terms expire December 31, 1992, 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. The position held by Mr. J. R. McMillan shall be abolished upon the expiration of his term December 31, 1992. At the general election in November, 1994, new members shall be elected from Education Districts 2, 4, and 5 to succeed members Robert E. Griffin, Steve M. Dixon, and Ricky W. Tucker whose terms expire December 31, 1994, 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 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 Ber rien 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. Said Act is further amended by adding a new Section 2.1 to read as follows:
"Section 2.1. One member of the Board of Education of Berrien County shall be elected from each education district established in Section 1 of this Act by the voters of that educa tion district."

WEDNESDAY, MARCH 25, 1992

2795

Section 5. Said Act is further amended by adding a new Section 2.1 to read as follows:

"Section 2.1. The members of the Berrien County Board of Education shall be elected by the voters of the entire county from the education districts established in Section 1."

Section 6. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Berrien County shall call and conduct an election as provided in this section for the purpose of submitting Section 4 of this Act to the electors of the Berrien County School District for approval or rejection. The election superintendent shall conduct that election on the date of the general primary 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 preced ing the date thereof in the official organ of Berrien County. The ballot shall have written or printed thereon the words:

"[ ] YES I 1 NO

Shall the provision of the Act be approved which provides for the election of the Board of Education of Berrien County from single-member districts?"

All persons desiring to vote for approval of said provision shall vote "Yes," and those persons desiring to vote for rejection of said provision shall vote "No." If more than one-half of the votes cast on such question are for approval of Section 4 of this Act, it shall become of full force and effect immediately. If Section 4 of this Act is not so approved or if the election is not conducted as provided in this section, Section 4 of this Act shall not become effective and shall be automatically repealed, but the remaining provisions of this Act shall be and remain effective.

The expense of such election shall be borne by the Berrien County School District. It shall be the superintendent's duty to certify the result thereof to the Secretary of State.

Section 7. 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.

Section 8. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval, provided that, if Section 4 of this Act is approved at the referendum held in November, 1992, then Section 5 of this Act shall be automatically repealed.

Section 9. All laws and parts of laws in conflict with this Act are repealed.

Senator Perry of the 7th moved that the Senate adopt the Conference Committee re port on HB 1924.

On the motion, 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 Clay Coleman Collins Dawkins Dean Echols Edge Foster
Garner

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

Ragan of 10th Ramsey Ray Robinson Scott Starr Steinberg Tate Taylor Timmons Tysinger Walker of 22nd Walker of 43rd
White

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JOURNAL OF THE SENATE

Those not voting were Senators:

Albert
Allen Bishop Deal (presiding) Egan

English
Hil1 Moye Phillips Pollard

Ragan of 32nd Shumake
i "ompson Turner

On the motion, the yeas were 42, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on HB 1924.

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

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.
Senate Sponsor: Senator Clay of the 37th.

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

Amend HB 1642 by striking from lines 6 through 8 of page 1 the following:
"to provide for additional conduct constituting a misdemeanor; to provide for penalties;".
By striking lines 12 through 15 of page 2 and inserting in lieu thereof the following:
"systems, as Code Section 25-11-12, and inserting new Code sections to be designated as Code Sections 25-11-11 and 25-11-13, respectively, to read as follows:".
By striking lines 13 through 33 of page 3 and lines 1 through 8 of page 4 in their entirety.
By striking from line 9 of page 4 the following: "25-11-14."
and inserting in its place the following: "25-11-13.".

On the adoption of the amendment, the yeas were 37, nays 0, and the amendment was adopted.

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

On 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

WEDNESDAY, MARCH 25, 1992

2797

Dawkins Dean Echols Edge English Foster Garner Gillis Hammill Harris Hasty Henson Hooks

Huggins Johnson Kidd Langford Marable Move 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 Walker of 43rd

Those not voting were Senators:

Alien Bishop Deal (presiding)

Egan Hill Shumake

Thompson White

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

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

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

Mr. President:

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

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 119. By Senator Newbill of the 56th:
A bill to amend Code Section 36-31-2 of the Official Code of Georgia Annotated, relating to the minimum distance between proposed corporate boundaries and boundaries of existing municipal corporations generally, so as to provide an ex ception for certain municipal corporations; to provide an effective date.

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JOURNAL OF THE SENATE

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

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

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 20, 1992

SUBJECT: Fiscal Note - House Bill 1397 (LC 18-4563EC) Unclaimed Property - Time Periods

This bill would reduce the time period in which certain unclaimed property is assumed to be abandoned. The bill also reduces other record keeping and procedural time periods involving unclaimed property. The time periods addressed by this bill would be reduced from seven years to five years on July 1, 1992 and from five years to three years on July 1, 1994.

The additional one-time collections in the five year and three year period resulting from this bill cannot be estimated since there is no cumulative information available on the amount of property that would be considered unclaimed. Fiscal year 1991 net collections for unclaimed property were approximately $11 million.

/a/ 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 Baldwin Bishop Bowen Broun of 46th Brown of 26th
Burton

Clay Coleman Collins Dawkins Dean Echols Edge
English

Foster Gillis Hammill Harris Hasty Henson Hooks
Johnson

WEDNESDAY, MARCH 25, 1992

2799

Kidd Marable Moye 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 Walker of 43rd White

Voting in the negative was Senator Langford.

Those not voting were Senators:

Deal (presiding) Egan Garner

Hill Huggins

Shumake Thompson

On the passage of the bill, the yeas were 48, 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 on January 13 and committed to the Senate Committee on Special Judiciary, and favorably reported by the committee, was put upon its passage:

HB 213. By Representatives Irwin of the 57th and Oliver of the 53rd:
A bill to amend Code Section 37-3-122 of the Official Code of Georgia Annotated, relating to payment of expenses incurred in connection with mental health hear ings, so as to provide that if a judge or an attorney on staff of the probate court conducts a mental health hearing for an out-of-county patient, the county of resi dence of the patient shall reimburse the expenses of the county holding the hearing.
Senate Sponsor: Senator Henson of the 55th.

The Senate Committee on Special Judiciary offered the following substitute to HB 213:

A BILL
To be entitled an Act to amend Code Section 15-9-60 of the Official Code of Georgia Annotated, relating to costs and fees in the probate courts, so as to make a reference correc tion; to provide that if there is a conflict regarding costs or fees, the higher cost or fee may be charged; to amend Code Section 37-3-122 of the Official Code of Georgia Annotated, relating to payment of expenses incurred in connection with mental health hearings, so as to provide that if a judge or an attorney on staff of the probate court conducts a mental health hearing for an out-of-county patient, the county of residence of the patient shall reimburse the expenses of the county holding the hearing; to provide for a limitation on the amount to be paid; 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 15-9-60 of the Official Code of Georgia Annotated, relating to costs and fees in the probate courts, is amended by striking paragraph (20) of subsection (a) of said Code section in its entirety and inserting in lieu thereof the following:
"(20) Letters of guardianship for mentally ill, mentally retarded, or mentally incompetent:
For whole service, including hearing (846.00) ($56.00) and appointment of guardianship
Q4 00"

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Section 2. Said Code section is further amended by designating current subsection (f) as (g) and inserting a new subsection (f) to read as follows:
"(f) Unless otherwise provided by law, in cases of a conflict regarding the amount of costs or fees, the judges of the probate court may charge or require the higher cost or fee."
Section 3. Code Section 37-3-122 of the Official Code of Georgia Annotated, relating to payment of expenses incurred in connection with mental health hearings, is amended by adding at the end thereof a new subsection to read as follows:
"(c) The expenses incurred by a county for a mental health hearing held by a probate court judge or an attorney on his or her staff for an out-of-county patient shall be reim bursed by the county in which the patient has his or her residence. Such amount shall not exceed the amount which would have been paid by the county to a noncounty employed hearing officer, plus any other authorized expenses in connection with the hearing."
Section 4. All laws and parts of laws in conflict with this Act are repealed.

Senators Henson of the 55th, Garner of the 30th and Deal of the 49th offered the fol lowing amendment:

Amend the substitute to HB 213 offered by the Senate Committee on Special Judiciary by adding following the semicolon on line 5 of page 1 the following:
"to provide for additional costs;".
By redesignating Sections 2, 3, and 4 as Sections 3, 4, and 5, respectively, and adding a new Section 2 to read as follows:
"Section 2. Said chapter is further amended by adding to subsection (c) of Code Section 15-9-60, relating to cost in probate courts, a new paragraph (26.1) to read as follows:
'(26.1) For every pistol license application regarding which any hospital, treatment center, or the Department of Human Resources makes a confidential report to the court concerning involuntary treatment (which fee shall be remitted to such hospital, treatment center, or the department). ................................................ 3.00' ".

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

On the adoption of the substitute, the yeas were 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.

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 Gillis Hammill Harris Hasty Henson Hooks Huggins Johnson Kidd

Langford Marable Moye Newbill Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Robinson Scott

WEDNESDAY, MARCH 25, 1992

2801

Starr Steinberg Taylor Thompson

Timmons Turner Tysinger

Walker of 22nd Walker of 43rd White

Those not voting were Senators:

Albert

Hill

Deal (presiding)

Ray

Garner

Shumake Tate

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 and resolution of the House, favorably reported by the com mittees, were read the third time and put upon their passage:

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.
Senate Sponsor: Senator Edge of the 28th.

The Senate Committee on Special Judiciary offered the following substitute to HB 1599:

A BILL
To be entitled an Act to amend Chapter 8 of Title 19 of the Official Code of Georgia Annotated, relating to adoption, so as to 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 appointed by the court or any other independent agent appointed by the court to verify the allegations in the petition for adoption, to make a complete and thorough investigation of the entire matter, including a criminal records check of each petitioner, and to report its findings and recommendations in writing to the court where the petition for adoption was filed; to pro vide for exceptions; to provide for such investigation by the Department of Human Re sources; to provide for situations in which the Department of Human Resources is unable to make or arrange for the proper investigation and report; to require a child-placing agency or other agent appointed by the court to perform certain other tasks or duties heretofore per formed by the Department of Human Resources; to change the provisions relating to the criminal records check of a petitioner for adoption; to require the petitioner to reimburse the child-placing agency, other agent, or Department of Human Resources for the cost of conducting the investigation and report applicable to the petition for adoption; to change the provisions relating to cases and procedures where the report of the investigating agency disapproves of the adoption of the child; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 8 of Title 19 of the Official Code of Georgia Annotated, relating to

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adoption, is amended by striking in its entirety Code Section 19-8-16, relating to investiga tions by the Department of Human Resources or other agencies upon the filing of a petition for adoption, and inserting in lieu thereof a new Code Section 19-8-16 to read as follows:
"19-8-16. (a) Prior to the date set by the court for a hearing on the petition for adop tion, it shall be the duty of the department, through ita own agents, through one of ita childplacing agencies, of through any other agent appointed by the department, a child-placing agency appointed by the court or any other independent agent appointed by the court to verify the allegations in the petition for adoption, to make a complete and thorough investigation of the entire matter, including a criminal records check of each petitioner, and to report its findings and recommendations in writing to the court where the petition for adop tion was filed. If for any reason the department child-placing agency or other agent finds itself unable to make or arrange for the proper investigation and report, it shall be the duty of the commissioner of human resources agency or agent to notify the court immediately, or at least within 20 days after receipt of the request for investigation service, that it is unable to make the report and investigation, so that the court may take such other steps as in its discretion are necessary to have the entire matter investigated.
(b) If the petition has been filed pursuant to subsection (a) of Code Section 19-8-6 or 19-8-7, the department ia authorized, but not required, court is authorized but not required to appoint a child-placing agency or other independent agent to make an investigation tmel shall do ao whenever requested by the court, in whatever form the court specifies.
(c) If the petition has been filed pursuant to subsection (a) of Code Section 19-8-8, or if the department has conducted an investigation and has consented to the adoption, an investigation by the department shall not be required.
(d) Where a criminal records check of a petitioner is required pursuant to this Code section, that petitioner shall pay the fee and the child-placing agency or other independent agent may make application for such records check aa required by the department to the Georgia Crime Information Center.
(e) The court may appoint the department to serve as its agent to conduct the investi gation required by this Code section if an appropriate child-placing agency or independent agent is not available. If for any reason the department finds itself unable to make or ar range for the proper investigation and report, it shall be the duty of the commissioner of human resources to notify the court immediately, or at least within 20 days after receipt of the request for investigation service, that it is unable to make the report and investigation, so that the court may take such other steps as in its discretion are necessary to have the entire matter investigated.
(f) The court shall require the petitioner to reimburse the child-placing agency or other independent agent, including the department, for the full cost of conducting the investiga tion and preparing the report. Such cost shall not exceed $250.00 unless specifically author ized by the court."
Section 2. Said chapter is further amended by striking in its entirety subsection (b) of Code Section 19-8-17, relating to the report and recommendation relative to adoption of the investigating department or agency, and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) If the report of the department or the child-placing investigating agency or inde pendent agent disapproves of the adoption of the child, motion may be made by the depart^ mcnt or by the child placing investigating agency or independent agent to the court to dis miss the petition and the court after hearing is authorized to do so. If the court denies the motion to dismiss, the court shall appoint a guardian ad litem who may appeal the ruling to the Georgia Court of Appeals or Supreme Court, as in other cases, as provided by law."
Section 3. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 36, nays 0, and the substitute was adopted.

WEDNESDAY, MARCH 25, 1992

2803

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 Dean Echols Edge English

Foster Gillis Hammill Harris Hasty Henson Hooks Huggins Johnson Kidd Langford Marable Moye Newbill Perdue

Perry Pollard Ramsey Robinson Scott Starr Steinberg Tate Taylor Thompson Timmons Turner Tysinger Walker of 22nd White

Those not voting were Senators:

Albert Deal (presiding) Egan Garner

Hill Phillips Ragan of 10th Ragan of 32nd

Ray Shumake Walker of 43rd

On the passage of the bill, the yeas were 45, nays 0.

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

HB 1482. By Representatives Thomas of the 69th, Kilgore of the 42nd, 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 exceptions; to provide for notice and a public hearing regarding a reorganization or consolida tion plan.
Senate Sponsor: Senator Marable of the 52nd.

The Senate Committee on Education offered the following substitute to HB 1482:

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 an alternative method of calculating the local fair share for county and independent school systems in certain circumstances; to change the calculation of equalization grants to local school sys tems; 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 notice and a public hearing regarding a reorganization or consolidation plan; to provide a practice and procedure for riling opposi tion to a plan; to provide for mediation; to provide for reports; to provide a limit for fund ing; to provide for related matters; to repeal conflicting laws; and for other purposes.
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 in its entirety subsection (a) of

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Code Section 20-2-164, relating to local fair share funds, and inserting in lieu thereof the following:
"(a) The State Board of Education shall calculate the amount of local fair share funds that each local school system shall be required to spend each fiscal year to support the Quality Basic Education Program, provided, however, that the local fair share for any local achool system ahall not exceed, for fiscal year 1002 only, 76 percent of the amount calculated pursuant to paragraph (1) of aubacction (a) of Code Section 20-2 166. For fiacnl year 1000 and every year thereafter, the local fair share for any local school system shall not exceed the amount calculated pursuant to subsection (c) of Code Section 20-2-161. The as follows:
(1) Unless the combined fair share total for all local school systems in the state, when calculated pursuant to this paragraph, exceeds 20 percent of the sum of the Quality Basic Education Formula amounts, as calculated pursuant to subsection (d) of Code Section 20-2161, Middle School Incentive Grants, and Special Instructional Assistance Program Grants combined for all local school systems, the amount of each local school system's local fair share shall be calculated as follows:
ft) (A) Determine the most recent equalized adjusted school property tax digest for the local school system less the amount attributable to timber calculated pursuant to paragraph (1.1) of subsection (a) of Code Section 48-5-274, multiply the difference by .4, and add to that product the amount attributable to timber calculated pursuant to paragraph (1.1) of subsection (a) of Code Section 48-5-274;
43) (B) From the amount calculated in paragraph (1) subparagraph (A) of this aubacctren paragraph deduct the total amount calculated pursuant to subsection (g) of this Code section; and
f3) (C) Multiply the remainder calculated in paragraph (2) subparagraph (B) of this subsection paragraph by .005.
(2) If the combined fair share total for all local school systems in this state, when calculateoTpursuant to paragraph (1) of this subsection, exceeds 20 percent of the sum of the Quality Basic Education Formula amounts, as calculated pursuant to subsection (d) of Code Section 20-2-161, Middle School Incentive Grants, and Special Instructional Assistance Pro gram Grants combined for all local systems, then the amount of each local system's fair share shall be calculated as follows:
(A) Multiply the total amount of Quality Basic Education Formula amounts to be ex pended for all local school systems combined, as calculated for each local school system pursuant to Code Section 20-2-161, Middle School Incentive Grants, and Special Instruc tional Assistance Program Grants combined for all local systems by .2;
(B) Divide the product calculated in subparagraph (A) of this paragraph by the sum of the local fair share amounts for all local school systems in this state as calculated for each local school system pursuant to subparagraph (C) of paragraph (1) of this subsection;
(C) Multiply the amount calculated in subparagraph (B) of this paragraph by .005; and
(D) Multiply the product calculated in subparagraph (C) of this paragraph by the re mainder calculated in subparagraph (B) of paragraph (1) of this subsection."
Section 2. Said article is further amended by striking in its entirety paragraph (3) of subsection (b) of Code Section 20-2-165, relating to equalization grants, and inserting in lieu thereof the following:
"(3) Subtract the millagc rate applied to calculate the local fair share pursuant to oub section (a) of Code Section 20-2-164 five from the effective millage rate for the local school system and use the resulting number of effective mills or 3.25 effective mills, whichever is less, as the number of effective mills to be equalized;".
Section 3. Code Section 20-2-260 of the Official Code of Georgia Annotated, relating to

WEDNESDAY, MARCH 25, 1992

2805

capital outlay funds in general, is amended by adding immediately following subsection (k) a new subsection (k.l) to read as follows:
"(k.l) Prior to a local board of education's submitting an advanced incentive funding request to the State Department of Education for State Board of Education approval under subsections (i) and (j) of this Code section, the local board of education shall conduct the following:
(1) The board of education must schedule and hold at least two public hearings and provide an opportunity for full discussion of the local board of education's consolidation or reorganization plan;
(2) The public hearings shall be advertised in the official newspaper and shall include, but not be limited to:
(A) Identification of each school to be closed and location of each new school;
(B) Proposed size of each new school in terms of number of students and grade configuration;
(C) Proposed renovations, modernization, retrofitting, or expansion of existing schools designed to accommodate consolidation;
(D) Total estimated cost, including breakdown for state and local shares, and for school construction projects resulting from consolidation. Local estimated costs shall include iden tifying proposed sources of funds, whether from bond referendum proceeds or other sources;
(E) Plans for use or disposal of closed school property;
(F) The impact alternative options would have on the system's planned curriculum and programs;
(G) The options in the school size and organization study; and
(H) The financial impact of the options on all schools;
(3) The board of education shall request formal, written comments or suggestions re garding the system's organizational pattern or school sizes and shall allow appropriate dis cussion during the public hearings;
(4) Any registered voter may file with the local board of education a notice of intent to file a petition when the voter wishes to express opposition to a school system's local facilities plan as it pertains to consolidation of schools within that system. A petition with the signa ture of at least 30 percent of the qualified, registered voters within any system's jurisdiction must be filed with the board of education within 60 days after the notice of intent to file a petition has been received by the board. The signatures on the petition must be validated against the official list of registered voters; and
(5) The local board of education and the petitioners shall meet to resolve differences. The petitioners shall select a delegation of no more than ten members, of whom six shall be parents of students in the affected schools. The chairman of the local board of education shall notify the petitioners of the date, time, and place for meeting to address their differ ences. The local board of education shall render a final decision on petition within 60 days from the initial meeting to discuss differences."
Section 4. Said Code section is further amended by adding a new subsection to read as follows:
"(p) Any system which has not submitted a plan for consolidation or reorganization of schools to the State Board of Education by July 1, 1992, shall not be allowed to request state funds under subsections (i) and (j) of this Code section."
Section 5. Nothing contained in this Act shall affect any payment or allocation to any Board of Education of a local system as a result of bond proceeds authorized and sold under the provisions of House Bill 1262, Supplemental Appropriations Bill, passed on February

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10, 1992 and payment shall be made to said Boards of Education as provided for in said House Bill 1262.
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 Bowen Broun of 46th Brown of 26th Burton Clay Coleman Collins Dawkins Dean Echols Edge Egan English Foster

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 Starr Steinberg Taylor Timmons Turner Tysinger Walker of 22nd Walker of 43rd White

Those not voting were Senators:

Albert Bishop Deal (presiding)

Garner Hill Shumake

Tate 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.

HR 715. By Representatives Watts of the 41st, Buck of the 95th, Colwell of the 4th and others:
Senate Sponsor: Senator Robinson of the 16th.

A RESOLUTION
Proposing an amendment to the Constitution so as to provide that heavy-duty equip ment motor vehicles owned by nonresidents and operated in this state may be classified as a separate class of property for ad valorem property tax purposes and different rates, meth ods, and assessment dates may be provided for such motor vehicles; to provide for the sub mission of this amendment for ratification or rejection; and for other purposes.

WEDNESDAY, MARCH 25, 1992

2807

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. Article VII, Section I, Paragraph III of the Constitution is amended by strik ing subparagraph (b) (2) in its entirety and inserting in lieu thereof a new subparagraph (b) (2) to read as follows:

"(2) Subject to the conditions and limitations specified by law, each of the following types of property 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 properties:

(A) Motor vehicles, including trailers but excluding heavy-duty equipment motor vehi cles owned by nonresidents and operated in this state!

(B) Mobile homes other than those mobile homes which qualify the owner of the home for a homestead exemption from ad valorem taxation.

(C) Heavy-duty equipment motor vehicles owned by nonresidents and operate in this stateT"

Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution.

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

"[ ] YES [ ] NO

Shall the Constitution be amended so as to provide that heavy-duty equip ment motor vehicles owned by nonresidents and operated in this state may be classified as a separate class of property for ad valorem property tax pur poses and different rates, methods, and assessment dates may be provided for such motor vehicles?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote ""YNeos."." All persons desiring to vote against ratifying the proposed amendment shall vote

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

Senator Edge of the 28th offered the following amendment:

Amend HR 715 by striking from line 2 of page 1 the following: "motor vehicles". By striking from lines 21 and 26 of page 1 the following: "motor vehicles". By striking from line 8 of page 2 the following: "motor vehicles".

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, was agreed to as amended.

On the resolution proposing an amendment to the Constitution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert

Alien

Baldwin

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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 Hooks Huggins Johnson 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 Walker of 43rd White

Voting in the negative was Senator Kidd.

Those not voting were Senators:

Deal (presiding) Hill

Shumake

Steinberg

On the adoption of the resolution, the yeas were 51, nays 1.

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

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.
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 Bill Cummings, Chairman

House Retirement Committee

FROM:

G. W. Hogan, State Auditor

DATE:

January 23, 1992

SUBJECT: House Bill 1594 (LC 21 1383) Teachers Retirement System

This bill would allow members of the Teachers Retirement System who have withdrawn their contributions to reestablish creditable service a portion at a time. Such members would be allowed to reestablish a portion of creditable service by paying to the board of

WEDNESDAY, MARCH 25, 1992

2809

trustees a pro rata amount based on the total accumulated contributions withdrawn plus interest.
This is to certify that this is a nonfiscal retirement bill as denned in the Public Retire ment Systems Standards Law.
fs/ G. W. Hogan State Auditor
The report of the committee, which was favorable to the passage of the bill, was agreed to.

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

Those voting in the affirmative were Senators:

Albert Alien Baldwin Bishop
Bowen Broun of 46th Brown of 26th
urton CPCoo,llyleimnsan Dawkins >ean Echols Edge Egan English Foster

Garner 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 Starr
Steinberg Tate Taylor Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White

Those not voting were Senators:

Deal (presiding)

Hill

Gillis

Shumake

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

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

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.
Senate Sponsor: Senator Hammill of the 3rd.

Senators Garner of the 30th and Hammill of the 3rd offered the following amendment:

Amend HB 1693 by striking line 6 of page 1 and inserting the following:
"for profit colleges and universities and certain nonpublic institutes of paper science and technology from".

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JOURNAL OF THE SENATE

By striking line 17 of page 1 and inserting the following:
"(13), (14), (15), and (16) to read as follows:".
By striking lines 5 and 6 of page 2 and inserting the following:
"States Department of Education;
(15) Any college or university that confers both associate and baccalaureate and higher degrees, that is accredited by the Southern Association of Colleges and Schools, College Division, that is operated in a for profit status, that will post a $200,000.00 performance bond, and that contributes to any Georgia state student recovery fund on the same basis as any other for profit participating college or school will be exempt from all other provisions of this part; an5
(16) Any nonpublic institute of paper science and".

Senators Clay of the 37th, Thompson of the 33rd, Ramsey of the 54th and Walker of the 43rd offered the following amendment:

Amend the amendment offered by Senators Garner of the 30th and Hammill of the 3rd to HB 1693 by adding at line 5 after the word "profit" the words "and non-profit";
By adding at line 18 after the word "profit" the words "or non-profit" status; and
By adding on line 20 after the word "profit" the words "or non-profit".

On the adoption of the amendment offered by Senators Clay of the 37th, Thompson of the 33rd, Ramsey of the 54th and Walker of the 43rd, Senator Deal of the 49th, President Pro Tempore, who was presiding, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Alien Baldwin Bishop Brown of 26th Burton Clay Coleman Collins Dawkins Dean Echols

Edge English Garner Hammill Hasty Henson Hill Hooks Kidd Langford Marable Perdue

Perry Phillips Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Tate Thompson Walker of 22nd Walker of 43rd

Those voting in the negative were Senators:

Broun of 46th Egan Foster Gillis

Huggins Johnson Newbill Starr

Steinberg Taylor Tysinger White

Those not voting were Senators:

Bowen Deal (presiding) Harris

Moye Pollard Shumake

Timmons Turner

On the adoption of the amendment offered by Senators Clay of the 37th, Thompson of the 33rd, Ramsey of the 54th and Walker of the 43rd, the yeas were 36, nays 12, and the

WEDNESDAY, MARCH 25, 1992

2811

amendment to the amendment offered by Senators Garner of the 30th and Hammill of the 3rd was adopted.

On the adoption of the amendment offered by Senators Garner of the 30th and Hammill of the 3rd, Senator Starr of the 44th called for the yeas and nays; the call was sus tained, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Alien Baldwin Bishop Broun of 46th Brown of 26th Burton Clay Coleman Collins Dawkins Dean Echols Edge

English 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 Tate Taylor Thompson Tysinger Walker of 22nd Walker of 43rd

Those voting in the negative were Senators:

Egan Foster

Huggins Newbill

Starr White

Those not voting were Senators:

Bowen Deal (presiding) Harris

Moye Shumake Steinberg

Timmons Turner

On the adoption of the amendment offered by Senators Garner of the 30th and Hammill of the 3rd, the yeas were 42, nays 6, and the amendment was adopted as amended.

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

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

Those voting in the affirmative were Senators:

Albert Alien Baldwin Bishop Broun of 46th Burton Clay Coleman Collins Dean Echols Egan English Garner

Hammill Hasty Henson Hill Hooks Huggins Johnson Kidd Langford Marable Perdue Perry Phillips Pollard

Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Steinberg Tate Taylor Thompson Tysinger Walker of 22nd Walker of 43rd White

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Those voting in the negative were Senators:

Brown of 26th Dawkins

Edge Foster

Newbill Starr

Those not voting were Senators:

Bowen Deal (presiding) Gillis

Harris Moye Shumake

Timmons Turner

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

Mr. President:

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

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.

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.

SB 284. By Senators Garner of the 30th, English of the 21st and Ray of the 19th:
A bill to amend Article 1 of Chapter 11 of Title 31 of the Official Code of Georgia Annotated, relating to general provisions relative to emergency medical services, so as to provide that medical directors of licensed ambulance services, first responders, and neonatal services are authorized to furnish and control the number and type of intravenous fluids required on the vehicles of their particular services.

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.

WEDNESDAY, MARCH 25, 1992

2813

Senator Deal of the 49th, President Pro Tempore, who was presiding, announced that the Senate would stand in recess from 7:15 o'clock P.M. until 8:15 o'clock P.M.
At 8:15 o'clock P.M., Senator Deal of the 49th, President Pro Tempore, called the Sen ate to order.
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has adopted by the requisite constitutional majority the following resolution of the House:
HR 1182. By Representatives Murphy of the 18th and Walker of the 115th:
A resolution relative to adjournment.
The following bills of the Senate were taken up for the purpose of considering the House amendments and substitutes thereto:
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 House amendment was as follows:
Amend SB 723 by striking lines 1 through 6 of page 1 and inserting in lieu thereof the following:
"To amend Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, so as to authorize the approval of workers' compensation health benefits pilot projects; to authorize rules and regulations; to provide standards for such pilot projects; to provide for the revocation of approval of such pilot projects; to provide for re ports to the General Assembly; to impose restrictions on the ability of counties and munici palities to create a workers' compensation group self-insurance fund; to provide an effective".
By striking lines 9 through 15 of page 1 and inserting in lieu thereof the following:
"Section 1. Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, is amended by adding immediately following Code Section 34-9-122, relating to the type of workers' compensation insurance policy required to be issued, a new Code Section 34-9-122.1 to read as follows:
'34-9-122.1. (a) Notwithstanding any provision of this chapter to the contrary, workers' compensation health benefits pilot projects are authorized under the provisions of this Code section.
(b) The Commissioner of Insurance shall adopt rules to enable employers and employ ees to enter into agreements to provide the employees with workers' compensation medical payments benefits through comprehensive health insurance that covers workplace injury and illness. The Commissioner of Insurance shall review all pilot project proposals and may approve a proposal only if it confers medical benefits upon injured employees substantially similar to benefits available under this chapter. The Commissioner shall revoke approval if the pilot project fails to deliver the intended benefits to the injured employees.

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(c) The comprehensive health insurance may provide for health care by a health main tenance organization or a preferred provider organization. The premium must be paid en tirely by the employer. The program may use deductibles, coinsurance, and copayment by the employees not to exceed $5.00 per visit or $50.00 maximum per occurrence.
(d) The Commissioner of Insurance shall report annually to the standing committees of the General Assembly having jurisdiction over insurance and labor matters by November 1 on the status of any pilot projects approved by the Commissioner."
Section 2. Said chapter is further amended by striking subsection (b) of Code Section 34-9-152, relating to the application to the Commissioner of Insurance for a certificate of authority to establish a workers' compensation group self-insurance fund, in its entirety and inserting in its place a new subsection (b) to read as follows:".
By striking on line 10 of page 2 the following:
"Section 2.",
and inserting in lieu thereof the following:
"Section 3.".
By striking on line 13 of page 2 the following:
"Section 3.",
and inserting in lieu thereof the following:
"Section 4.".

Senator Pollard of the 24th moved that the Senate agree to the House amendment to SB 723.

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

Those voting in the affirmative were Senators:

Albert Bishop Bowen Broun of 46th Clay Coleman CDoelalnins Echols English Foster
Garner Gillis Hammill

Harris Hasty Henson Hill Huggins Johnson KMiadrdable Moye Newbill Perdue
Perry Pollard Ragan of 10th

Ragan of 32nd Ramsey Ray Robinson Scott Starr 0St. em. b, erg late Thompson Timmons
Turner Tysinger White

Those not voting were Senators:

Alien Baldwin Brown of 26th Burton Dawkins

Deal (presiding) Edge Egan Hooks Langford

Phillips Shumake Taylor Walker of 22nd Walker of 43rd

On the motion, the yeas were 41, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 723.

WEDNESDAY, MARCH 25, 1992

2815

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 House substitute to SB 769 was as follows:
A BILL
To be entitled an Act to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary, secondary, and adult education, so as to change certain definitions; to amend the authority of the State Board of Education; to provide prerequi sites for attaining demonstration program status; to provide for advisory committees; to provide that the Professional Standards Commission shall have the authority to suspend certification regulations and requirements upon the recommendation of the State Board of Education to the extent the commission deems essential for the successful implementation of demonstration plans; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary, secondary, and adult education, is amended by striking in its entirety Code Section 20-2-251, relating to demonstration school systems, and inserting in lieu thereof the following:
"20-2-251. (a) As used in this Code section, the term:
(1) 'Demonstration plan' is defined as means a document submitted by the local school system or board of control of a regional educational service agency and approved by the State Board of Education which describes: how certain state policies, standards, rules, and regulations, and categorical expenditure requirements in practice inhibit the local school's, school system's, or regional educational service agency's delivery of an appropriate and effective educational program; how a suspension of such policies would result in improvement of the educational program; the new demonstration program or activity without such poli cies; proposed stipulations under which the local school, school system, or regional educa tional service agency will operate in lieu of those policies that the state board is requested to suspend; goals and objectives of the new demonstration program or activity; an evaluation system to determine if the goals and objectives of the new demonstration program or activ ity are being attained; and other such items as the state board may deem necessary for an effective demonstration plan.
(2) 'Demonstration school aystcm program' is defined aa means a local school, school system, or regional educational service agency which is designated by the state board to operate the educational programs or services contained within its demonstration plan in accordance with the said plan.
(b) The State Board of Education shall have the authority and is directed to:
(1) Prescribe criteria, policies, and standards deemed necessary for the effective imple mentation of this Code section;
(2) Annually designate local schools, school systems, and regional educational service agencies which meet established state board criteria for being designated or continuing their designation as demonstration school ayatcma programs; provided, however, that the Depart ment of Education shall annually review and evaluate the effectiveness of demonstration plans and submit findings and recommendations to the state board; aftd
(3) Suspend certification regulations and rcquircmcnta and other state policies, stan dards, and regulations for approved demonstration school systems programs to the extent deemed essential for successful implementation of approved demonstration plans. However,

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such suspension of rules and regulations will apply only to those personnel, programs, regional educational service agencies, and schools actually participating in the approved denv onstration program or activity; and-
(4) Recommend to the Professional Standards Commission that applicable certification regulations and requirements be suspended.
(c) All policies, rules, and regulations prescribed by the 8tatc Board of Education pur suant to Code Section 20 2-260 shall apply to this Code section, unless auch application is explicitly excluded. The State Board of Education is authorized to prescribe the criteria by which schools or school systems or regional educational service agencies receiving funds pur suant to Code Section 20-2-250 may receive demonstration program status.
(d) No local school ayfltcm demonstration program shall be permitted to continue its such~3esignation aa a demonstration school system for more than three fiscal years; provided, however, that a system may submit a new application for designation as a demonstra tion school system upon conclusion of ita previous demonstration program or activity pro gram may be submitted to the state board for approval based upon the annual evaluations required by this Code section. Any-dcmonstration school system program or activity dcaig natcd aa auch during fiscal year 1087 may be designated to continue that status for fiscal year 1088 only, contingent upon approval for that year by the atatc board.
(e) The state board shall have the authority and is encouraged to establish a committee or committees to advise it as to the requirements which demonstration programs must meet, the accountability procedures which must be used, and other matters which the state board deems necessary for the success of demonstration programs."
Section 2. Said chapter is further amended by adding at the end of Code Section 20-2984, relating to the authority and powers of the Professional Standards Commission, a new subsection (e) to read as follows:
"(e) The commission shall have the authority to suspend certification regulations and requirements upon the recommendation of the State Board of Education to the extent the commission deems essential for the successful implementation of demonstration plans as provided for in Code Section 20-2-251."
Section 3. All laws and parts of laws in conflict with this Act are repealed.

Senator Foster of the 50th moved that the Senate agree to the House substitute to SB 769.

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

Those voting in the affirmative were Senators:

Albert Bishop Bowen Broun of 46th Brown of 26th Burton Clay Coleman Collins Dean Echols English Foster Garner Gillis

Hammill Harris Hasty Henson Hill 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 White

WEDNESDAY, MARCH 25, 1992

2817

Those not voting were Senators:

Alien Baldwin Dflwkins Deal (presiding) Edge

Egan Hooks Langford Phillips

Shumake Taylor Walker of 22nd Walker of 43rd

On the motion, the yeas were 43, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 769.

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 House amendment was as follows:

Amend SB 693 by adding on line 5 of page 1 immediately after the word and symbol "homes;" the following:
"to amend Article 9 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, known as the 'Georgia Hospice Law,' so as to authorize registered professional nurses li censed in this state and employed by a licensed hospice to make the determination and pronouncement of the death of a hospice patient under certain circumstances; to provide for policies and procedures relative thereto; to provide for exceptions; to amend Chapter 10 of Title 31 of the Official Code of Georgia Annotated, relating to vital records, so as to author ize certain registered professional nurses to complete and sign certain certificates under cer tain circumstances; to amend the provisions relating to criteria for determining death and immunity from liability; to repeal conflicting laws; and for other purposes."
By designating current Section 2 as Section 4.
By inserting between lines 21 and 22 on page 1 the following:
"Section 2. Article 9 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, known as the 'Georgia Hospice Law,' is amended by adding, following Code Section 31-7176, a new Code Section 31-7-176.1 to read as follows:
'31-7-176.1. When a patient who is terminally ill or whose death is anticipated and who is receiving hospice care from a licensed hospice dies, a registered professional nurse li censed in this state and employed by such hospice at the time of apparent death of such person, in the absence of an attending physician, may make the determination and pro nouncement of the death of said patient; provided, however, that, when a hospice patient is a registered organ donor, only a physician may make the determination or pronouncement of death. Such determination or pronouncement shall be made in writing on a form ap proved by the commissioner of human resources.'
Section 3. Chapter 10 of Title 31 of the Official Code of Georgia Annotated, relating to vital records, is amended by striking subsection (a) of Code Section 31-10-16, relating to the criteria for determining death, and inserting in lieu thereof a new subsection (a) to read as follows:
'(a) A person may be pronounced dead by a qualified physician, or by a registered pro fessional nurse authorized to make a pronouncement of death under Code Section 31-7176.1, if it is determined that the individual has sustained either (1) irreversible cessation of circulatory and respiratory function, or (2) irreversible cessation of all functions of the en tire brain, including the brain stem.'"

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Senator Perdue of the 18th moved that the Senate agree to the House amendment to SB 693.

On the motion, 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 Clay Coleman Collins Dean Echols 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 Steinberg Tate Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White

Voting in the negative was Senator Burton.

Those not voting were Senators:

Baldwin BishP Bowen Dawkins Deal (presiding)

Edge Egan
, English Langford

Phillips Shumake Starr Taylor

On the motion, the yeas were 42, nays 1; the motion prevailed, and the Senate agreed to the House amendment to SB 693.

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 House substitute to SB 790 was as follows:

A BILL
To be entitled an Act 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 certain terms; to provide a rebuttable presumption that the full cost of care shall be im posed initially; to change the definition of the term "patient"; to provide for the possibility of a charge for any care or treatment which may be provided 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; to extend liability when a third party has extended benefi cial coverage to a patient; to change the provisions relating to assessment of persons liable for cost of care generally; to change the provisions relating to standards for determination of

WEDNESDAY, MARCH 25, 1992

2819

assessments for less than full cost of care; to eliminate a retroactive examination of assets so as to avoid a manipulation or dissipation of assets after an assessment is made; to remove ambiguous language so that negotiated settlements do not act as a bar for charges for future treatment or care; to provide that the Department of Human Resources shall adopt and comply with procedures to inform adequately patients and other persons determined liable for the cost of care of their right to hearings and of their right to request reassessments; to enable the department to require an authorization for a more comprehensive review of as sets and liabilities; to change the provisions relating to use of assets other than income for determination of assessments; to provide that following six months of continuous inpatient hospitalization, the Department of Human Resources is expressly authorized to levy an as sessment for the full cost of care against the assets of all patients having assets accumulated from government benefit payments in excess of certain amounts until such assets are re duced to a certain level; to provide a certain exception; to provide for notice to patients, families, and other interested persons; to provide for applicability with respect to Chapter 12 of Title 53, the "Georgia Trust Act"; to provide the department shall not be required to expend public funds for the purpose of providing support, care, and treatment covered under this Act to any patient until such patient has exhausted all other existing or future private, public, local, state, or federal programs or plans; to provide that before the depart ment expends public funds for a patient's cost of care, the department may assess and re cover the cost of a patient's care from the patient or other persons liable for such patient's cost of care if such patient is eligible for benefits under any other program or plan; to change the provisions relating to payment of costs of care from insurance, plans, or benefits; to expressly authorize the department to accept federally funded health and medical pay ments which may exceed the cost of care; to authorize the department to function as a participating member hospital and to be subrogated for recovery purposes against a multi plicity of parties; to provide for applicability of certain provisions of this Act; to repeal a certain provision relating to the deposit of funds collected; 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 9 of Title 37 of the Official Code of Georgia Annotated, known as "The Patient Cost of Care Act," is amended by striking in its entirety Code Section 37-9-2, relating to definitions, and inserting in lieu thereof a new Code Section 37-9-2 to read as follows:
"37-9-2. As used in this chapter, the term:
(1) 'Assessment' means a determination by the department of the amount payable by the persons liable for cost of care for services rendered to a patient; such amount shall be either the full cost of care or, if applicable, the amount payable toward cost of care, deter mined in accordance with the requirements of Code Section 37-9-5. It is expressly provided that there shall be a rebuttable presumption that the full cost of care is to be imposed. This presumption shall prevail until testimony, documentation, or evidence is provided pursuant to other provisions of this chapter.
(2) 'Cost of care' means the costs incurred for the support, care, and treatment of each individual patient or the per patient average of such costs as determined by the department on the basis of the estimated current operating costs of the hospital or an identifiable part or section thereof providing such services.
(3) 'Income,' except for patients who are residents of other states, 'Income' means that amount determined by adding to the gross income as now or hereafter defined in Georgia income tax laws, minus deductions and personal exemptions as authorized by such income tax laws, the following items listed in this paragraph, if such items are not already included in gross income as defined above. For a patient who is a resident of another state, 'income' means the same as above except no deductions will be made for any deductions or personal

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exemptions as authorized by Georgia income tax laws. The following items are to be added, respectively:
(A) Any amounts received by or on behalf of the person liable for cost of care from accident insurance or workers' compensation for total or partial incapacity to work, plus the amount of any damages received by or on behalf of the person liable for cost of care, whether by suit or agreement, on account of such injuries or sickness;
(B) The net income from property acquired by gift, bequest, devise, or descent;
(C) Interest upon obligations of the United States government or of this state or of a political subdivision thereof;
(D) The net income from individual holdings of stock in banks and trust companies incorporated under the banking laws of this state or of the United States;
(E) Retirement income, social security benefits, veterans' benefits, and any other bene fits that could be applied for the support of the patient;
(F) The net income from any other assets, including but not limited to personal prop erty, real property, or mixed property, and any other property or estate wherever located and in whatever form, inclusive of any assets sold or transferred within a period of 90 days prior to the date services were first rendered to the patient by a hospital.
(4) 'Patient' means any person who is admitted to or who receives services from a state hospital.
(5) 'Persons liable for cost of care' means:
(A) The patient or his estate;
(B) The patient's spouse;
(C) The parent or parents of any patient under 18 years of age;
(D) Any fiduciary or representative payee holding assets for the patient or on his be half, including, in his representative capacity, the guardian, trustee, executor, or administra tor of any trust, estate, inheritance, or fund in which a patient has a legal or beneficial interests
(E) Any person, if not otherwise liable, listed as the insured member of a contract, plan, or benefit to the extent that such contract, plan, or benefit provides payment of hospitalization, medical expenses, and other health care services for the patient as a covered benefi ciary or dependent;
(F) A stepparent or any other person residing with and providing support of a patient under" 18i years of age who has not been legally adopted by such individual, with maximum liability limited to the amount such stepparent or other individual is authorized by Georgia income tax laws to claim as a standard deduction and personal exemption for the patient; provided, however, that this limitation shall not apply to liability pursuant to other provi sions of this chapter regarding hospital, health, and other medical insurance, program, or plan benefits or subrogation rights.
(6) 'State hospital' means any state hospital which now or hereafter comes under the control of the Division of Mental Health, Mental Retardation, and Substance Abuse of the department and any facility operated in conjunction herewith therewith."
Section 2. Said chapter is further amended by striking in its entirety Code Section 37-95, relating to the assessment of persons liable for cost of care generally, and inserting in lieu thereof a new Code Section 37-9-5 to read as follows:
"37-9-5. (a) The department shall determine all persons who are liable for the cost of care of a patient and notify such persons of their joint and several liability and of their assessment. Such notice shall offer opportunity for any person so notified to be heard to show cause, if there be any, why such person should not be liable for payment of the assessment.

WEDNESDAY, MARCH 25, 1992

2821

(b) When the department determines that persons legally liable for the cost of care of a patient do not have sufficient income or assets to pay the entire cost of care, the department shall determine for each such person the amount payable toward cost of care which shall be a fair and equitable amount based on ability to pay determined in accordance with the requirements of Code Section 37-9-6. When applicable, the notice provided for in subsection (a) of this Code section shall reflect as the assessment the amount payable toward cost of care provided for in this chapter; and if a hearing is requested by any person receiving such notice, such person may question his liability for cost of care as well as the amount of his assessment. Failure of the patient or other persons liable for cost of care to provide finanical financial information to the department required to determine assessments on the basis of ability to pay in accordance with the requirements of Code Section 37-9-6 or failure of the patient or other persons liable for cost of care to cooperate with the department in obtaining payment of any insurance or health benefits available for a patient may result in assessment of such persons of the full cost of care of the patient. Failure of the patient or other persons liable for cost of care to cooperate with the department in applying on behalf of the patient for federal benefits and insurance, program, or plan benefits in order that a determination may be made of eligibility for such benefits may also result in assessment of such persons of the full cost of care of the patient and the burden of providing information to reduce the full cost of care is on the patient or other persons liable for cost of care.
(c) Any investigation or hearing regarding ability to pay shall not operate to deny or delay admission of a patient to a hospital or to deny or delay providing services for such patient.
(d) It shall be the duty of the department to reexamine the assessment periodically and either reduce or increase such assessment as hereinafter provided in accordance with changes in the ability to pay of the person liable for cost of care. If the department deter mines that the economic circumstances of a person liable for cost of care have improved to an extent justifying an increase in the assessment, any such increase shall apply only to cost of care for services rendered for the patient after the effective date of the increase in assess ment and no such increase shall cause the assessment to exceed the total cost of care. The department may not increase an assessment as provided in this Code section without afford ing the person liable for cost of care an opportunity for a hearing on the question of the increase in the assessment. A person liable for cost of care may apply to the department for a change in the assessment when the person's economic circumstances have changed suffi ciently to affect adversely his future ability to pay. If an assessment for services previously rendered for a patient is being paid in accordance with a scheduled plan of payments ap proved by the department, then a reduction in assessment because of a change in the eco nomic circumstances affecting adversely the ability to pay of the person liable for cost of care may apply to that portion of the assessment for services previously rendered for the patient which remain unpaid as of the date of the reduction of the assessment as well to the assessment for cost of services rendered after the date of the reduction. However, no such reduction shall require the refund of any payments made on an assessment prior to the date of the reduction of the assessment. After investigation and hearing, the department shall act upon the application made by the person liable for cost of care. Any redetermination of the assessment pursuant to this subsection shall be subject to the requirements of Code Section 37-9-6. Notwithstanding any reexamination or corresponding adjustment of an assessment which might be afforded, each assessment shall be valid for a period of 12 months from the date of the initial assessment or any reassessment thereafter. No reduction, increase, or op portunity for hearing shall be allowed after the assessment period.
(e) Any person liable for coat of care who has the financial ability to pay auch coat of care or a portion thereof may offer to the department in writing a proposed agreement whereby auch person agrcca to pay an assessment specified in auch proposed agreement. If the department finds that such proposed agreement ia satisfactory and that the assessment specified therein ia in conformity with the standards promulgated by the board pursuant to Code Section 37'0 6, it may sign aueh agreement and accept payment of the asscaamcnt

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specified therein in lieu of conducting a hearing and making and entering an order of assess ment based upon the evidence produced at a hearing. The department may accept payment for full cost of care if any person liable for cost of care offers such payment in lieu of declar ing financial circumstances and having an assessment determined by hearing. Any assess ment made pursuant to the authority of this subsection shall be subject to redetermination as provided by subsection (d) of this Code section if requested by the person liable for cost of care.
(f) When a person liable for cost of care has paid in full an assessment for coat of care, such person ahall not have any further obligation to the state or to the department for the payment of cost of care for services included in the paid assessment. The department shall adopt and comply with procedures to inform adequately patients and other persons deter mined liable for the cost of care of their right to hearings and of their right to request reassessments?"
Section 3. Said chapter is further amended by striking in its entirety Code Section 37-96, relating to standards for determination of assessments for less than full cost of care, and inserting in lieu thereof a new Code Section 37-9-6 to read as follows:
"37-9-6. The board shall establish standards for determining assessments when such assessments are less than the full cost of care. Such standards shall be based on the income, assets, and other circumstances of the persons liable for cost of care and shall include con sideration of the number of dependents, as defined under Georgia income tax law and regu lations; legal rights to payment under any insurance agreement, and other evidence of abil ity to pay; but no assessment shall be fixed or collected on the basis of any assets exempted by subsection (b) of Code Section 37-9-8. In determining assessments for persons liable for cost of care, the department shall develop procedures to ensure that no dependent, deduc tion, or personal exemption as defined by Georgia income tax law will be reflected more than once in the determination of assessments for any one patient. In establishing standards to determine such assessments, the board shall adopt criteria to be applied uniformly to all persons liable for cost of care, except that the board may adopt separate criteria for assess ing monthly benefits or funds from any source to cover cost of care, support, and treatment provided to patients who are hospitalized for longer than three months and whose current needs, as defined by the Social Security Administration, are being met. However, the board shall ensure that the assessment made each month shall allow the recipients of such benefits or funds to retain at a minimum an amount as a personal allowance equal to the amount of the personal needs allowance allowed beneficiaries under the state medical assistance plan. Further, such Seh standards will include special provisions for assessing mentally retarded respite care admissions under Code Section 37-4-21 or any other respite program allowed by law or duly adopted departmental regulations, where such admissions are legally limited to 56 days of care a year. To the extent practicable, such criteria shall ensure that persons having the same or substantially the same financial ability to pay cost of care shall have the same or substantially the same financial obligation to pay such cost of care."
Section 4. Said chapter is further amended by striking in its entirety Code Section 37-97, relating to the authority of the department to determine income and assets, and inserting in lieu thereof a new Code Section 37-9-7 to read as follows:
37-9-7. (a) The department, through its duly authorized agents, shall have the authority to investigate or otherwise determine the income and assets of the patient or his estate and when necessary the income and assets of all other persons liable for the cost of care of such patient in order to determine ability to pay cost of care. All persons liable for cost of care must provide signed consent forms necessary to authorize~ahd conduct an investigation to determine the income and assets of such persons in order to determine ability to pay cost of care. The department shall further have the authority to contract with any person, firm, or corporation which it finds necessary to provide the information appropriate to the carrying out of its duties under this chapter.
(b) The department shall require declarations to be filed by the patient or other per sons liable for cost of care necessary to determine the assessments required by this chapter

WEDNESDAY, MARCH 25, 1992

2823

and shall prescribe the form and content thereof. All such declarations are to be regarded as essential to carrying out the public policy of this state; and any person who knowingly falsi fies such declarations shall be charged as for false swearing. Failure by the patient or other persons liable for cost of care to (1) provide information required by such declarations or (2) provide signature of consent for the department to conduct an investigation authorized by subsection (a) of this Code section shall create a rebuttable presumption that the patient or other persons liable for cost of care consent to and agree with the assessment of the full cost of care, and the declaration shall contain on its face, conspicuously and in clear language, a statement to that effect.
(c) The department, through its duly authorized agents, shall have access to Georgia income tax records for the purpose of obtaining necessary information to enforce this chap ter. Upon the request of the department or its duly authorized agents, the state revenue commissioner and his agents or employees shall disclose such income tax information con tained in any report or return required under Georgia law as may be necessary to enforce the provisions of this chapter. Any tax information secured from the federal government by the Department of Revenue pursuant to express provisions of Section 6103 of the Internal Revenue Code may not be disclosed by the Department of Revenue pursuant to this subsec tion. Any person receiving any tax information or tax returns under the authority of this subsection shall be considered either an officer or employee as those terms are used in sub section (a) of Code Section 48-7-60; and as such an officer or employee, any person receiving any tax information or returns under the authority of this subsection shall be subject to Code Section 48-7-61.
(d) Any evidence, records, or other information obtained by the department or its duly authorized agents pursuant to the authority of this Code section shall be confidential and shall be used by the department or its agents only for the purposes of enforcing this chapter and shall not be released for any purpose other than a hearing provided for by this chapter.
(e) The department shall develop procedures to ensure that persons with no other docu mentation or evidence may sign an afHHavit attesting to their indigent financial status."
Section 5. Said chapter is further amended by striking in its entirety subsection (b) of Code Section 37-9-8, relating to use of assets other than income for determination of assess ments, and inserting in lieu thereof new subsections (b), (c), and (d) to read as follows:
(b) The following assets of a person liable for cost of care shall be exempt from subsec tion (a) of this Code section:
(1) Real property which qualifies for a homestead exemption from ad valorem taxation; and
(2) Any other real property which constitutes the principal residence of the person lia ble for cost of care but which does not qualify for a homestead exemption under paragraph (1) of this subsection;-ae}
(8) Any other aaacts up to a total value of $10,000.00.
(c) Notwithstanding any other provisions of this Code section, as of January 1, 1993, following six months of continuous inpatient hospitalization, the department is expressly authorized to levy an assessment for the full cost of care against the assets of all patients having assets accumulated from government benefit payments in excess of amounts allowed by the eligibility resource limit for institutionalized residents established by Title XIX of the federal Social Security Act of 1935, as amended, and regulations promulgated pursuant thereto, until said assets are reduced to a level which would establish resource eligibility under such program for the patient; provided, however, that the assets listed in subsection (b) of this Code section shall be exempt from such assessment if said assets would also be an excluded resource under eligibility criteria of Title XIX of the federal Social Security Act. Following the effective date of this Code section, the department shall provide notice re garding the provisions of this subsection to patients and family members or other appropri ate persons who may be affected by the provisions of this subsection.

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JOURNAL OF THE SENATE

(d) Nothing in this Code section shall be construed to supersede the provisions of Chapter 12 of Title 53, the 'Georgia Trust Act."1

Section 6. Said chapter is further amended by striking in its entirety Code Section 37-99, relating to payment of cost of care from insurance, plans, or benefits, and inserting in lieu thereof a new Code Section 37-9-9 to read as follows:

"37-9-9. Notwithstanding any other provisions of law, the department shall not be re quired to expend public funds for the purpose of providing support, care, and treatment covered under this chapter to any patient until such patient has exhausted his or her eligi bility and receipt of benefits under all other existing or future private, public, local, state, or federal programs or plans. Before the department expends public funds for a patient's cost of care, the department may assess and recover the cost of a patient's care from the patient or other persons liable for such patient's cost of care if such patient is eligible for benefits under any other program or plan. In the event the patient is covered by an insurance con tract or any other plan or benefit of any nature providing for payment of hospitalization, medical expenses, and other health care services or any combination thereof, such patient or other person liable for the cost of care of such patient shall pay or cause to have paid from such insurance, plan, or benefit without deduction, exemptions, or credits, the full cost of care of the patient, or that portion thereof covered by such insurance, plan, or benefit. The assessment for cost of care of the patient made by the department pursuant to Code Section 37-9-5 shall be for the total amount payable by such insurance, plan, or benefit up to the total cost of care or for that portion of cost of care payable by such insurance, plan, or benefit; and if the proceeds from such insurance, plan, or benefit are less than the total cost of care, such assessment shall include an assessment based on the remaining balance, except where full payment of the balance or a portion thereof is required by a health insurance program or other plan or benefit, in which case the balance or at least the required portion thereof will be the assessment. Further, the department shall comply with all federally funded health and medical insurance programs which require established amounts payable by beneficiaries and is authorized to accept amounts payable toward cost of care under any insurance program, plan, or benefit if paid according to the provisions of such programs, plans, or benefits even though the amounts payable may exceed cost of care amounts as provided by this chapter. The department shall develop procedures to apply the provisions of this chapter, specifically Code Section 37-9-5, to any amounts which remain payable by the patient or beneficiaries under a federally funded health and medical insurance program, provided that the application of any such procedures does not invalidate payment of bene fits under the program. For the purpose of carrying out this Code section, the department is authorized to accept assignment of benefits payable under such insurance, plans, or benefits; but the department shall not require the assignment of such benefits as a condition prece dent to the admission of a patient to a hospital or as a condition precedent to providing services for such patient. In order to collect maximum benefits payable toward cost of care, the department is authorized to contract with any insurance program, plan, or benefit to become a participating member hospital if payments are not made or are made at a lesser than full coverage amount to nonparticipating members. Moreover, the department or its designated agents will have subrogation rights to the recovery of a patient's cost of care that the patient or other person liable for the patient's cost of care may have against any person, estate, organization, entity, or plan. Further, if any patient or other person liable for the cost of a patient's care receives benefits or funds in settlement, judgment, or otherwise for any health care, medical expenses, or hospitalization or other care directly related to ser vices and care provided by the department to a patient, the patient or other person liable for cost of care will pay or cause to have paid the full cost of care or that portion thereof recovered which is directly related to the care provided by the department. This right of subrogation is cumulative and in addition to any other remedy and this right shall be availa ble for any enforcement or collection process which is contemplated under other provisions of this chapter."

WEDNESDAY, MARCH 25, 1992

2825

Section 7. Said chapter is further amended by striking in its entirety Code Section 37-912, relating to the deposit of funds collected by the department, which reads as follows:
"37-9-12. All funds collected by the department pursuant to this chapter shall be paid into the general fund of the state treasury.",
and inserting in lieu thereof the following:
"37-9-12. Reserved."
Section 8. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 9. All laws and parts of laws in conflict with this Act are repealed.

Senator Kidd of the 25th moved that the Senate agree to the House substitute to SB 790.

On the motion, 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
>; ,y CDoelalnins Echols English Foster Gillis Hammill Harris Hasty

Henson Hill
Hooks Huggins Johnson Kidd
Marable ,,M,, oye Newbi11 Perdue Perrv Phillips Pollard Ragan of 10th Ragan of 32nd

Ramsey Ray
Robinson Scott Starr Steinberg
Tate rTrayl\or Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White

Those not voting were Senators:

Baldwin Bowen Coleman Dawkins

Deal (presiding) Edge Egan

Garner Langford Shumake

On the motion, the yeas were 46, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 790.

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

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.
Senate Sponsors: Senators Henson of the 55th and Steinberg of the 42nd.

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JOURNAL OF THE SENATE

The Senate Committee on Health and Human Services offered the following amendment:

Amend HB 1929 by striking lines 12 through 17 of page 3 and inserting in lieu thereof the following:
"(i) (2) 'Bank or storage facility' means a tiaauc bank or eye bank licensed or approved by the State of Georgia and also means an organ procurement agency or other facilities for the otoragc of human bodica or parts thereof in this state an organ procurement organiza tion or any entity licensed or approved in the State of Georgia as a tissue bank, eye bank, or clinical laboratory which procures, stores, or processes human tissue designed to be used for medical purposes in human beings."
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 Bishop Broun of 46th Brown of 26th Burton Clay Coleman Collins Dean Echols English Foster Gillis Hammill Harris

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

Those not voting were Senators:

Baldwin Bowen Dawkins Deal (presiding)

Edge Egan Garner

Langford Perdue Shumake

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

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

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.
Senate Sponsor: Senator Tysinger of the 41st.

WEDNESDAY, MARCH 25, 1992

2827

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

On the passage of the 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
Coffins Dawkins >ean Echols Edge Egan English Foster

Gillis Hammill Harris Hasty Henson Hill Hookg Huggins
Jh"son Kldd Marable Move Newbill Perdue Perry Phillips

Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson gcott Starr
Tate Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White

Voting in the negative was Senator Taylor.

Those not voting were Senators:

Coleman Deal (presiding)

Garner Langford

Shumake Steinberg

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

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 disagreed to the Senate amendment to the House substitute to the fol lowing bill of the Senate:

SB 159. By Senators Olmstead of the 26th and Albert of the 23rd:
A bill to amend Chapter 11 of Title 43 of the Official Code of Georgia Annotated, relating to the Georgia Board of Dentistry and the licensed practice of dentistry, so as to change the penalty for the practice of dentistry without a license.

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

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.

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JOURNAL OF THE SENATE

The House insists on its position in substituting the following bill of the Senate:
SB 488. By Senators Dawkins of the 45th, Taylor of the 12th, Robinson of the 16th and others:
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.
The House has passed, by substitute, by the requisite constitutional majority the fol lowing bills of the Senate:
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 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.
The following general bills of the House, favorably reported by the committees, were read the third time and put upon their passage:
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.
Senate Sponsor: Senator English of the 21st.
Senator English of the 21st offered the following amendment:
Amend HB 1225 by striking line 7 of page 1 and inserting the following:
"receipts may take adequate measures to".
By striking lines 16 through 26 of page 2 and inserting the following:
"10-4-33. This article shall not relieve any person, including, but not limited to, any bank, savings and loan, or other financial lending institution, that requires, solicits, or other wise accepts warehouse receipts issued in accordance with this article as collateral or secur ity for a debt, account, promissory note, or any type of loan from any duty otherwise im posed to take necessary and reasonably adequate measures to ensure that the goods represented by the warehouse receipts are present and accounted for and are in suitable condition."

WEDNESDAY, MARCH 25, 1992

2829

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

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

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

Those voting in the affirmative were Senators:

Albert Alien Baldwin Bishop Bowen 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

Those not voting were Senators:

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

Deal (presiding) Hammill

Langford Scott

Shumake

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

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

HB 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.
Senate Sponsor: Senator Robinson of the 16th.

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JOURNAL OF THE SENATE

The following communication from Honorable Tim Ryles, Commissioner of Insurance, was read by the Secretary:

OFFICE OF COMMISSIONER OF INSURANCE

February 12, 1992

TO:

The Honorable Zell Miller

Governor

The Honorable Pierre Howard

Lieutenant Governor

The Honorable Thomas B. Murphy

Speaker of the House of Representatives

FROM:

Tim Ryles Commissioner of Insurance

RE:

House Bill 1202-Assessment of Conversion Privileges and Continuation Right

Provisions Under Group Accident and Sickness Contracts

On January 16, 1992, the Clerk of the House of Representatives delivered House Bill 1201 to the Commissioner of Insurance for his assessment, if possible, of the financial effects of any health insurance benefit proposed in such bill. The Commissioner of Insurance issues this report pursuant to O.C.G.A. 33-24-63(b).

House Bill 1202 amends Chapter 24 of Title 33 of the Official Code of Georgia Anno tated, relating to insurance generally, so as to provide for continuation rights for persons age 60 and over whose coverage under certain group accident and sickness insurance plans would otherwise terminate.

This report for assessing the impact of House Bill 1202 addresses the financial impact of such legislation to the extent that the information is available or can be obtained within the time allowed for response under O.C.G.A. 33-24-66. The following responses are given to the questions posed under O.C.G.A. 33-24-64:

(1) To what extent will the benefit increase or decrease the cost of the treatment or service?

The requirement to provide continuous coverage for persons age 60 and over whose coverage under certain group accident and sickness insurance plans would otherwise termi nate may be expected to increase the cost of the group insurance plan being affected by the continuing coverage on such insureds; however, at this time, it is not possible to assess to what extent the continuous coverage may affect cost.

(2) To what extent will the benefit increase the appropriate uses of the treatment or service?

It is not possible at this time to determine to what extent these continuation rights will increase the use of any group's health benefits since the number of persons choosing contin uous coverage and for what length of time is unknown.

(3) To what extent will the benefit be a substitute for a more expensive treatment or service?

The benefits proposed would not be a substitute for more expensive treatment or service.

(4) To what extent will the benefit increase or decrease the administrative expense of insurers or premiums of the policyholders?

The proposed benefits should have little effect on the administrative expense of insur ers. It is not possible at this time to determine to what extent the continuous coverage will increase or decrease the premiums of policyholders.

WEDNESDAY, MARCH 25, 1992

2831

(5) What is the impact of this coverage on the total cost of insurance premiums or health care to health insurance policyholders, including the impact of all indirect costs, which are costs other than premiums and administrative costs, on the question of benefit costs and benefits of coverage?

It is not possible at this time to determine the impact of the continuation rights on the total cost of insurance premiums or health care to health insurance policyholders.

The foregoing assessment of the financial effects of the health insurance benefits pro posed in House Bill 1202 is hereby respectfully submitted this 12th day of February, 1992.

cc: Robert E. Rivers, Jr. Clerk of the House of Representatives

/s/ Tim Ryles Commissioner of Insurance

The Senate Committee on Insurance and Labor offered the following substitute to HB 1202:

A BILL
To be entitled an Act to amend Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, 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; to provide for definitions; to provide conditions for eligi bility; to provide for notices and election of coverage; to provide for maximum premium amounts; to provide for the payment of premiums; to provide for the termination of contin ued coverage; to provide for matters relative to the foregoing; to provide for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, is amended by adding immediately following Code Section 33-24-21.1, relating to conversion privileges and continuation right provisions under group accident and sickness contracts, a new Code section, to be designated Code Section 33-24-21.2, to read as follows:
"33-24-21.2. (a) As used in this Code section, the term:
(1) 'Group contract or group plan' is synonymous with the term 'contract or plan' and means:
(A) A group contract of the type issued by a nonprofit medical service corporation es tablished under Chapter 18 of this title;
(B) A group contract of the type issued by a nonprofit hospital service corporation es tablished under Chapter 19 of this title;
(C) A group contract of the type issued by a health care plan established under Chapter 20 of this title;
(D) A group contract of the type issued by a health maintenance organization estab lished under Chapter 21 of this title; or
(E) A group accident and sickness insurance policy or contract, as defined in Chapter 30 of this title.
(2) 'Group member' means a person who has been a member of the group for at least six months; who is entitled to medical benefits coverage under a group contract or group plan; and who is an insured, certificate holder, or subscriber under the contract or plan.
(3) 'Insurer' means an insurance company, nonprofit hospital service corporation, medi cal service nonprofit corporation, health care plan, or health maintenance organization.

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JOURNAL OF THE SENATE

(4) 'Internal Revenue Code' means the federal Internal Revenue Code as defined in Code Section 48-1-2.
(5) 'Plan administrator' means:
(A) The person designated as the plan administrator by the instrument under which the group contract or plan is operated; or
(B) If no plan administrator is designated, the plan sponsor.
(b) (1) A group contract or plan providing coverage for hospital or medical expenses, other than coverage limited to expenses from accidents or specific diseases, which is issued, delivered, issued for delivery, or renewed in this state to provide coverage for the employees of an employer subject to the provisions of Section 4980B of the Internal Revenue Code, shall contain a provision that a group member whose insurance under the contract or plan otherwise terminates after the expiration of the period of continuation of coverage for which the individual is eligible under Code Section 33-24-21.1 or Section 4980B of the Internal Revenue Code shall be entitled to continue coverage under that group contract or plan for himself or herself and his or her eligible dependents if the group member was 60 years of age or older as of the date on which the continuation of coverage afforded under Code Sec tion 33-24-21.1 or Section 4980B of the Internal Revenue Code commences.
(2) A group member shall not be entitled to have coverage continued under paragraph (1) of this subsection if:
(A) Termination of employment is voluntary for other than health reasons;
(B) Termination of coverage occurred because the employment of a group member was terminated for reasons which would cause a forfeiture of unemployment compensation under Chapter 8 of Title 34, the 'Employment Security Law';
(C) Termination of coverage occurred because the group member failed to pay any re quired contribution;
(D) Any discontinued coverage is immediately replaced by similar group coverage; or
(E) The group contract or group plan was terminated in its entirety or was terminated with respect to a class to which the group member belonged.
This paragraph shall not affect conversion rights available to a group member under any contract or plan.
(c) A group contract or plan providing coverage for hospital or medical expenses, other than coverage limited to expenses from accidents or specific diseases which is issued, deliv ered, issued for delivery, or renewed in this state to provide coverage for the employees of an employer subject to the provisions of Section 4980B of the federal Internal Revenue Code, shall contain a provision that:
(1) The surviving spouse of a group member may continue coverage under the plan, at the death of the group member, with respect to the spouse and any dependent children whose coverage under the plan otherwise would terminate because of the death of the group member if the surviving spouse is 60 years of age or older at the time of the death; and
(2) The divorced spouse of a group member may continue coverage under the plan, upon dissolution of marriage with the group member, with respect to the divorced spouse and any dependent children whose coverage under the plan otherwise would terminate be cause of the dissolution of marriage, if the divorced spouse is 60 years of age or older at the time of the dissolution or legal separation.
(d) Each group certificate issued to each group member shall set forth the continuation right provided in subsections (b) and (c) of this Code section in a separate provision bearing its own caption. The provision shall clearly set forth a full description or the continuation right available, including all requirements, limitations, exceptions, the premium required or a brief statement concerning the method of calculation thereof, and the time of payment of all premiums due during the period of continuation.

WEDNESDAY, MARCH 25, 1992

2833

(e) In the event and to the extent that this Code section is applicable, the election by the group member or divorced or surviving spouse to obtain continuation of coverage as provided under the provisions of Section 4980B of the Internal Revenue Code or under the provisions of Code Section 33-24-21.1 shall constitute election of continuation of coverage under this Code section without further action by the group member or surviving or di vorced spouse. The provisions of Section 4980B of the Internal Revenue Code or of Code Section 33-24-21.1, whichever is applicable, regarding notice to a group member or a di vorced or surviving spouse of the right to continue coverage shall apply to the continuation of coverage provided under this Code section.
(f) If an eligible group member or the divorced or surviving spouse elects continuation of coverage under subsection (b) or (c) of this Code section:
(1) The monthly premium for the continuation shall not be greater than 120 percent of the total of the amount that would be charged if the eligible group member or the divorced or surviving spouse were a current group member and the amount that the group policyholder would contribute toward the premium if the eligible group member or the divorced or surviving spouse were a current group member;
(2) The first premium for the continuation of coverage under this Code section shall be paid by the eligible group member or the divorced or surviving spouse on the first regular due date following the expiration of the eligible person's benefits under the provisions of Code Section 33-24-21.1 or Section 4980B of the Internal Revenue Code; and
(3) The right to continuation of coverage shall terminate upon the earliest of any of the following:
(A) The failure to pay premiums or required premium contributions, if applicable, when due, including any grace period allowed by the policy;
(B) The date that the group plan is terminated as to all group members, except that if a different group plan is made available to group members, the eligible group member or the divorced or surviving spouse shall be eligible for continuation of the same coverage under the new plan;
(C) The date on which the eligible group member or divorced or surviving spouse be comes insured under any other group health plan;
(D) The date on which the eligible group member or the divorced or surviving spouse becomes eligible for federal medicare coverage.
(f) This Code section shall apply to any group contract or group plan which covers 20 or more employees and which is issued, delivered, or issued for delivery, or renewed in this state on or after July 1, 1992, and to any group contract or group plan covering 20 or more employees then in effect on the first anniversary date occurring on or after July 1, 1992."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

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

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

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

Those voting in the affirmative were Senators:

Albert Alien Baldwin Bishop

Bowen Broun of 46th Brown of 26th Burton

Clay Coleman Collins Dean

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JOURNAL OF THE SENATE

Echols Edge Egan English Foster 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 Starr Steinberg Tate Taylor Thompson Timmons Turner Tysinger Walker of 22nd White

Those not voting were Senators:

Dawkins Deal (presiding) Garner

Henson Langford Newbill

Shumake Walker of 43rd

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

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

The following resolution of the House was read and put upon its adoption:

HR 1182. By Representatives Murphy of the 18th and Walker of the 115th:
A resolution relative to adjournment by the General Assembly of Georgia at 12:00 o'clock Midnight on March 25, 1992, and to reconvene on Monday, March 30, 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 36, nays 1.

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

The President resumed the Chair.

The following general bill of the Senate, having been withdrawn from the Senate Com mittee on Governmental Operations on March 14 and committed to the Senate Committee on Education, and favorably reported by the committee, was read the third time and put upon its passage:

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.
Senator Sponsor: Senator Burton of the 5th.

Senator Kidd of the 25th moved that HB 1837 be committed to the Senate Committee on Education.

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

WEDNESDAY, MARCH 25, 1992

2835

Those voting in the affirmative were Senators:

Bishop Brown of 26th Henson Kidd

Moye Pollard Ramsey Robinson

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 Gillis Hammill Harris Hasty Hill Hooks Huggins Johnson Marable Newbill

Scott Steinberg Walker of 43rd
Perdue Perry Phillips Ragan of 10th Ragan of 32nd Ray Starr Taylor Thompson Timmons Turner Tysinger Walker of 22nd White

Those not voting were Senators:

Langford

Shumake

Tate

On the motion offered by Senator Kidd of the 25th, the yeas were 11, nays 42; the motion was lost, and HB 1837 was continued upon its passage.

The Senate Committee on Education offered the following amendment:

Amend HB 1837 by adding in the title on line 12 of page 1 between the semicolon and the word "to" the following:
"to provide that no instruction under this Act shall encourage the violation of Georgia law;".
By deleting the quotation marks at the end of line 19 of page 3.
By striking in their entirety lines 20 and 21 on page 3, which read as follows:
"Section 2. No instruction pursuant to this Code section shall encourage violation of Georgia law.",
and inserting in lieu thereof immediately below line 19 of page 3 the following:
law."""(f) No instruction pursuant to this Code section shall encourage violation of Georgia

By striking from line 22 on page 3 the following: "Section 3.", and inserting in lieu thereof the following: "Section 2."

On the adoption of the amendment offered by the Senate Committee on Education, the yeas were 0, nays 39, and the amendment was lost.

Senators Burton of the 5th, Johnson of the 47th, Garner of the 30th and four other Senators, offered the following amendment:

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Amend HB 1837 by adding in the title on line 12 of page 1 between the semicolon and the word "to" the following:
"to provide that no instruction under this Act shall encourage the violation of Georgia law; to provide that this Act shall not preclude the teaching of pregnancy prevention and the prevention of sexually transmitted diseases;".
By deleting the quotation marks at the end of line 19 of page 3.
By striking in their entirety lines 20 and 21 on page 3, which read as follows:
"Section 2. No instruction pursuant to this Code section shall encourage violation of Georgia law.",
and inserting in lieu thereof immediately below line 19 of page 3 the following:
"(f) No instruction pursuant to this Code section shall encourage violation of Georgia law.
(g) Nothing in this Code section shall preclude the teaching of pregnancy prevention and the prevention of sexually transmitted diseases.' "
By striking from line 22 on page 3 the following:
"Section 3.",
and inserting in lieu thereof the following:
"Section 2."

Senator Kidd of the 25th offered the following amendment:

Amend the amendment offered by Senators Burton of the 5th, Johnson of the 47th, Garner of the 30th and four other Senators to HB 1837 by deleting on line 16 Section "(f)".

Senator Kidd of the 25th asked unanimous consent to withdraw the amendment; the consent was granted, and the amendment to the amendment offered by Senators Burton of the 5th, Johnson of the 47th, Garner of the 30th and four other Senators was withdrawn.

On the adoption of the amendment offered by Senators Burton of the 5th, Johnson of the 47th, Garner of the 30th 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 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

WEDNESDAY, MARCH 25, 1992

2837

Not voting were Senators Hammill and Shumake.

On the adoption of the amendment offered by Senators Burton of the 5th, Johnson of the 47th, Garner of the 30th and four other Senators, the yeas were 54, nays 0, and the amendment was adopted.

Senator Moye of the 34th offered the following amendment:

Amend HB 1837 by adding on page 3, line 12 after "implemented." the following: "All sex education classes shall be separate for boys and girls."

On the adoption of the amendment offered by Senator Moye of the 34th, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Gillis

Moye

Scott

Those voting in the negative 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 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 Taylor Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White

Not voting were Senators Hammill and Shumake.

On the adoption of the amendment offered by Senator Moye of the 34th, the yeas were 3, nays 51, 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:

Albert Baldwin Bowen Broun of 46th Burton Clay

Coleman Collins Dawkins Deal Dean Echols

Edge Egan English Foster Garner Gillis

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Harris Hasty Hm Hooks JoEn 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 voting in the negative were Senators:

Alien Bishop Brown of 26th

Henson Kidd Langford

Steinberg Walker of 43rd

Not voting were Senators Hammill and Shumake.

On the passage of the bill, the yeas were 46, nays 8.

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

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 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 House has passed by the requisite constitutional majority the following bills of the House and Senate:

HB 1094. By Representatives Orr of the 9th, Jackson of the 9th and Lawson of the 9th:
A bill to amend an Act to create and establish a civil service system in Hall County for employees of Hall County, so as to change the employees covered under such system.

WEDNESDAY, MARCH 25, 1992

2839

HB 1577. 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 revising, superseding, and consolidating the laws pertain ing to the governing authority of DeKalb County and creating a chairman and board of commissioners of roads and revenues for DeKalb County, so as to pro vide for the new reapportioned districts.
HB 2002. By Representatives Holland of the 136th and Hudson of the 117th: A bill to amend an Act to provide for the election of members of the board of education of Turner County, so as to provide new education districts.
HB 2003. By Representative Holland of the 136th: A bill to amend an Act creating and establishing a Board of Commissioners of Roads and Revenues of Worth County, so as to provide new commissioner districts.
HB 2004. By Representatives Holland of the 136th and Hudson of the 117th: A bill to amend an Act creating a board of commissioners of Turner County, so as to provide new commissioner districts.
HB 2005. By Representative Holland of the 136th: A bill to amend an Act to provide for the election of a chairman and four mem bers of the Worth County Board of Education, so as to provide new education districts.
HB 2114. By Representative Moody of the 153rd: A bill to amend an Act creating the board of commissioners of Appling County, so as to provide new commissioner districts.
HB 2170. By Representatives Dixon of the 151st and Blitch of the 150th: A bill to amend an Act providing for the election of the members of the Board of Education of Charlton County, so as to change provisions relating to education districts.
HB 2171. By Representatives Dixon of the 151st and Blitch of the 150th: A bill to aftend an Act creating the board of commissioners for Charlton County, so as to change provisions relating to commissioner districts.
HB 2172. By Representatives Snow of the 1st, McCoy of the 1st and Perry of the 5th: A bill to amend an Act creating the board of commissioners of Dade County, so as to change the composition of the commission districts.
HB 2151. By Representatives Williams of the 48th, Tolbert of the 58th, Sherrill of the 47th, Davis of the 45th, Lawrence of the 49th and others: A bill to provide a homestead exemption from certain DeKalb County School District ad valorem taxes for educational purposes on the full value of the home stead after a five-year phase in period for certain residents of that school district who are 70 years of age or over and who have annual incomes not exceeding $50,000.00.
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

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taxes; to change the maximum millage rate of such taxes; to provide for a refer endum; to repeal a specific law.

HB 2113. By Representatives Moody of the 153rd and Byrd of the 153rd:
A bill to amend an Act to change the composition and method of election of the Board of Education of Appling County, so as to provide new education districts.

HB 2024. By Representative Connell of the 87th:
A bill to amend an Act providing a charter for the City of Augusta, so as to change the provisions limiting the succession in office of the mayor and council members.

The following general bill of the House, having been read the third time and final ac tion suspended on March 24, pursuant to Senate Rule 143, and placed on the Senate Rules Calendar for today, was continued upon its passage:

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.
Senate Sponsor: Senator Gillis of the 20th.

The substitute to HB 501 offered by Senator Tate of the 38th on March 24, as it ap pears in the Journal of March 24, was automatically reconsidered and put upon its adoption.

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

The report of the committee, which was favorable to the 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 B urton
Coleman /u-,ol,l.ins Dawkins rjeaj Dean Echols Edge Egan English Foster

Garner Gillis Hammill Harris Hasty Henson Hill
Hooks HT uI ggms Johnson Kidd Langford Marable Newbill Perdue Perry Phillips

Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Starr
Steinber* Tm ate, Tavlor Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White

WEDNESDAY, MARCH 25, 1992

2841

Those not voting were Senators:

Bowen Moye

Scott

Shumake

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

SB 159. By Senators Olmstead of the 26th and Albert of the 23rd:
A bill to amend Chapter 11 of Title 43 of the Official Code of Georgia Annotated, relating to the Georgia Board of Dentistry and the licensed practice of dentistry, so as to change the penalty for the practice of dentistry without a license.

Senator Albert of the 23rd moved that the Senate adhere to the Senate amendment to the House substitute to SB 159, 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 amendment to the House substitute to SB 159.

The President appointed as a Conference Committee on the part of the Senate the following:
Senators Albert of the 23rd, Walker of the 22nd and Henson of the 55th.

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

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.
Senate Sponsor: Senator Moye of the 34th.

The Senate Committee on Governmental Operations offered the following substitute to HB 1978:

A BILL
To be entitled an Act to amend Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, so as to provide for definitions; to provide for bonds; to provide for required disclosures; to provide for civil and criminal pen alties; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, is amended by adding immediately following Article 29, a new article to be designated Article 30, to read as follows:
"ARTICLE 30
10-1-830. As used in this article, the term:
(1) 'Beauty pageant' means any contest or competition in which entrants are judged on

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the basis of physical beauty, skill, talent, poise, and personality and in which a winner or winners are selected as representing an ideal in one or more of these areas. 'Beauty pageant' shall not include any such contest or competition in which no application fee or entrance charge is made for contestants, to which no admission charge is made for attendance, and in connection with which no tickets or chances are sold.
(2) 'Entrant's fee' means any payment of money or other thing of value including, but not limited to, the selling of advertisements or tickets or the obtaining of sponsors, which activity is a precondition to participation in a beauty pageant.
(3) 'Operator' means any person, franchisee, firm or corporation, civil group, or elemen tary or secondary educational institution which promotes, organizes, or otherwise operates a beauty pageant, participation in which is limited to persons paying an entrant's fee.
10-1-831. Before accepting any entrant's fee, all operators shall provide to each entrant in writing the following:
(1) Name, address, and telephone number of the operator;
(2) Name, address, and telephone number of the individual or officer of the organization having full responsibility for the conducting of the pageant;
(3) Names of pageants customarily promoted by the operator;
(4) Name and address of individual authorized to accept service of process;
(5) Name, address, and telephone number of the financial institution in which the en trants' fees are held; and
(6) Name, address, and telephone number of the surety company maintaining the bond required by Code Section 10-1-832.
10-1-832. Except for operators who are exempt from the requirements of this Code sec tion, in accordance with Code Section 10-1-833, each operator shall maintain a bond in the amount of $10,000.00 with a surety company duly authorized to do business in this state or post a cash bond in such amount, payable to the Governor of this state. Such bond shall be for the use and benefit of any person who has paid any entrant's fee for a beauty pageant. Such bond shall be conditioned to pay all losses, damages, and expenses that may be sus tained by such person by reason of any violation of this title.
10-1-833. No bond shall be required from nonprofit organizations, bona fide civic clubs in existence for at least one year, churches, religious organizations, and groups, fairs, or festivals affiliated with schools or political subdivisions, or from any other pageant which confers no benefit upon any participant other than a beauty title.
10-1-834. If a beauty pageant is canceled or fails to take place, all entrants' fees shall be promptly refunded by the operator. The surety shall be liable for any unrefunded entrants' fees in the case of a default by the operator.
10-1-835. Any violation of this article shall be considered a violation of Part 2 of Article 15 of this chapter, the 'Fair Business Practices Act of 1975,' and all public and private remedies available under such part shall be available regarding violations of this article.
10-1-836. Any person, firm, corporation, organization, partnership, entity, or operator violating any provision of this article shall be guilty of a misdemeanor."
Section. 2. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 35, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

WEDNESDAY, MARCH 25, 1992

2843

Those voting in the affirmative were Senators:

Albert Alien Baldwin Bishop
Broun of 46th Brown of 26th Burton Clay Coleman Deal Dean Echols Egan English

Foster Gillis Hammill Harris Hasty Henson Hill Huggins Johnson Langford Marable Moye Newbill Perdue

Phillips Pollard Ragan of 10th Ramsey Ray Scott Starr Steinberg Tate Taylor Thompson Tysinger Walker of 22nd Walker of 43rd

Those voting in the negative were Senators:

Bowen Collins Dawkins

Edge Perry Ragan of 32nd

Turner White

Those not voting were Senators:

Garner Hooks

Kidd Robinson

Shumake Timmons

On the passage of the bill, the yeas were 42, nays 8.

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 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.

The House substitute to SB 725 was as follows:

A BILL
To be entitled an Act 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 Department of Natural Resources; to change the name of the Shore Assistance Committee; to make certain provisions relative to the membership of such committee; to provide powers of such commit tee; to provide for applications for permits for certain construction; to provide procedures relative to such applications; to provide for certain grants to local governments; to make provisions relative to certain orders; to make illegal the operation of a motor vehicle over certain dunes and beaches; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 4 of Chapter 5 of Title 12 of the Official Code of Georgia, relating to coastal waters, beaches, and sand dunes, is amended by striking in its entirety Part 2, relat ing to engineering, construction, and other such activity along the shorelines, and inserting in lieu thereof the following:
"Part 2
12-5-230. This part shall be known and may be cited as the 'Shore Assistance Protec tion Act of 1070.'
12-5-231. The General Assembly finds and declares that coastal sand dunes, beaches, sandbars, and shoals comprise a vital natural resource system, known as the sand-sharing system, which acts as a buffer to protect real and personal property and natural resources from the damaging effects of floods, winds, tides, and erosion. It is recognized that the coastal sand dunes are the most inland portion of the sand-sharing system and that because the dunes are the fragile product of shoreline evolution, they are easily disturbed by actions harming their vegetation or inhibiting their natural development. The General Assembly further finds that offshore sandbars and shoals are the system's first line of defense against the potentially destructive energy generated by winds, tides, and storms, and help to protect the onshore segment of the system by acting as reservoirs of sand for the beaches. Removal of sand from these bars and shoals can interrupt natural sand flows and can have unin tended, undesirable, and irreparable effects on the entire sand-sharing system, particularly when the historical patterns of sand and water flows are not considered and accommodated. Also, it is found that ocean beaches provide an unparalleled 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 natural resource system is costly, if not impossible, to reconstruct or rehabilitate once adversely affected by man-related man related activities and is important to conserve for the present and future use and enjoyment of all citizens and visitors to this state and that the sand-sharing system is an integral part of Georgia's barrier islands, providing great protection to the state's marshlands and estua ries. The General Assembly further finds that this sand-sharing system is a vital area of the state and is essential to maintain the health, safety, and welfare of all the citizens of the state. Therefore, the General Assembly declares that the management of the sand-sharing system 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 on offshore sandbars and shoals, for all purposes except federal navigational ac tivities, must be regulated to ensure that the values and functions of the sand-sharing sys tem are not impaired. It is declared to be a policy of this state and the intent of this part to protect this vital natural resource system by allowing only activities and alterations of the eeean sand dunes and beaches which are considered to be in the best interest of the state and which do not substantially impair the values and functions of the sand-sharing system and by authorizing the local units of government of the State of Georgia to regulate activities and alterations of the ocean sand dunes and beaches and recognizing that, if the local units of government fail to carry out the policies expressed in this part, it is essential that the department undertake such regulation.
12-5-232. As used in this part, the term:
(1) 'Applicant' means any person who files an application for a permit under this part.
(2) 'Bare sand surface' means an area of nearly level unconsolidated sand landward of the ordinary high-water mark which does not contain sufficient indigenous vegetation to maintain its stability.
(3) 'Barrier islands' means the following islands: Daufuskie, Tybee, Little Tybee, Petit Chou, Williamson, Wassaw, Ossabaw, St. Catherines, Blackbeard, Sapelo, Cabretta, Wolf, Egg, Little St. Simons, Sea, St. Simons, Jekyll, Little Cumberland, Cumberland, Amelia, and any ocean-facing island which is formed in the future and which has multiple ridges of

WEDNESDAY, MARCH 25, 1992

2845

sand, gravel, or mud built on the seashore by waves and currents; ridges generally parallel to the shore; and areas of vegetation.
(4) 'Beach' means a zone of unconsolidated material that extends landward from the ordinary low-water mark to the line of permanent vegetation.
(5) 'Board' means the Board of Natural Resources.
(6) 'Boardwalk' or 'crosswalk' means a nonhabitable structure, usually made of wood and without a paved or poured surface of any kind, whose primary purpose is to provide access to or use of the beach, while maintaining the stability of any sand dunes it traverses.
(7) 'Committee' means the Shore Assistance Protection Committee.
(8) 'Dynamic dune field' means the dynamic ocean-facing area of beach and sand dunes, varying in height and width, the ocean boundary of which extends to the ordinary highwater mark and the landward boundary of which is the first occurrence either of live native trees 20 feet in height or greater, of coastal marshlands as defined in Part 4 of this article, or ef-a-exi3ting structure or of a structure existing on July 1, 1979. The landward boundary of the dynamic dune field shall be the seaward most line connecting any such tree or structure as set forth in this part to any other such tree or structure if the distance between the two is a reasonable distance not to exceed 250 feet. In determining what is a reasonable distance for purposes of this paragraph, topography, dune stability, vegetation, lot configuration, ex isting structures, distance from the ordinary high-water mark, and other relevant informa tion shall be taken into consideration in order to conserve the vital functions of the sandsharing system. If a real estate appraiser certified pursuant to Chapter 39A of Title 43 de termines that an existing structure, shoreline engineering activity, or other alteration which forms part of the landward boundary of the dynamic dune field has been more than 80 percent destroyed by storm driven water or erosion, the landward boundary of the dynamic dune field shall be determined as though such structure had not been in existence on July 1,
(9) 'Erosion' means the wearing away of land whereby materials are removed from the sand dunes, beaches, and shore face by natural processes, including, but not limited to, wave action, tidal currents, littoral currents, and wind.
(10) 'Local unit of government' means a county, as defined by Code Section 36-1-1, or an incorporated municipality, as defined by Code Section 36-40-21, or any combination thereof which has been authorized by an Act of the General Assembly, any of which has within its jurisdiction any sand dune or beach.
(11) 'Ordinary high-water mark' means the position along the shore of the mean monthly spring high tide reached during the most recent tidal epoch. This term is not sy nonymous with 'mean' high-water mark.
(12) 'Ordinary low-water mark' means the position along the shore of the mean monthly spring low tide reached during the most recent tidal epoch. This term is not synonymous with 'mean' low-water mark.
(13) 'Permit-issuing authority' means the Shore Assistance Protection Committee or a local unit of government which has adopted a program of shore assistance protection which meets the standards of this part and which has been certified by the board as an approved program.
(14) 'Person' means any association, individual, partnership, corporation, public or pri vate authority, or local unit of government, and shall include the State of Georgia and all its departments, boards, bureaus, commissions, authorities, any other government agencies or instrumentalities, and any other legal entity.
(15) 'Sand dunes' means mounds of sand deposited along a coastline by wind action, which mounds are often covered with sparse, pioneer vegetation and are located landward of the ordinary high-water mark and may extend into the tree line.

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(16) 'Sand-sharing system' means an interdependent sediment system composed of sand dunes, beaches, and offshore bars and shoals.
(17) 'Shoreline engineering activity' means an activity which encompasses any artificial method of altering the natural topography or vegetation of the sand dunes, beaches, bars, submerged shoreline lands, and other components of the sand-sharing system. This includes, but is not limited to, such activities as:
(A) Grading, clearing vegetation, excavating earth, or landscaping, where such activities are for purposes other than erection of a structure;
(B) Artificial dune construction;
(C) Beach nourishment restoration or renourishment;
(D) Erosion control activity activities, including, but not limited to, the construction and maintenance of groins, acawalla,- and jetties; and
(E) Shoreline stabilization activities, including, but not limited to, the construction and maintenance of seawalls and riprap protection; and
(B) (F) The construction and maintenance of pipelines and piers.
(18) 'Stable sand dune' means a sand dune that is maintained in a steady state of neither erosion nor accretion by indigenous vegetative cover.
(19) 'Structure' means an institutional, residential, commercial, or industrial building.
(20) 'Submerged shoreline lands' means the intertidal and submerged lands from the ordinary high-water mark seaward to the limit of the state's jurisdiction in the Atlantic Ocean.
(21) 'Tidal epoch" means the variations in the major tide-producing forces that result from changes in the moon's phase, declination of the earth, distance of the moon from the earth, and regression of the moon's modes, and which go through one complete cycle in approximately 4&6 19 years.
12-5-233. The area of operation of this part shall be:
(1) The dynamic dune fields on the barrier islands of this state as determined by refer ence to Code Section 12-5-232. Such determination shall be made by the permit-issuing authority on the basis of site inspection; and evaluation of other pertinent information as provided for in subsection (d) of Code~Section 12-5-2391
(2) The submerged shoreline lands of this state from the seaward limit of this state's jurisdiction landward to the dynamic dune fields or to a line projected from the westernmost point of the dynamic dune field on the southern end of a barrier island, to the westernmost point of the dynamic dune field on the northern end of the adjacent barrier island to the south;; and
(3) If an area has dynamic dune fields as defined by Code Section 12-5-232, and marsh lands" as defined by Code Section 12-5-282, it is subject to the jurisdiction of this part and Part 4 of this article. In the event of a conflict between this part and Part 4 of this article, the commissioner shall determine which part shall apply so as to best protect the public interest.
12-5-234. (a) The department shall have the following authority:
(1) To administer and enforce this part and all rules, regulations, and orders issued pursuant to this part;
(2) To accept moneys from persons, government units, and private organizations;
(3) To conduct public hearings and to institute and to prosecute court actions as may be necessary to enforce compliance with this part and any rules and regulations promul gated pursuant to this part; provided, however, that all such actions shall be in the name of the department;

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(4) To make reasonable inspections of the lands within jurisdiction of this part to ascer tain Whether the requirements of this part and the rules, regulations, and permits promul gated or issued pursuant to this part are faithfully complied with; and"
(5) 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. 12-5-235. (a) There is created the Shore Assistance Protection Committee within the Department of Natural Resources department. The committee shall be composed of three members, the commissioner of natural resources and two people selected by the board. A person selected by the board shall be a resident of one of the following counties: Camden, Glynn, Mclntosh, Liberty, Bryan, or Chatham. The members of the committee shall be entitled to and shall be reimbursed from moneys lappropriated to the department for their expenses, such as mileage and per diem, as set by the boardT
(b) The committee, in the absence of an approved local shore protection program as provided by this part, shall act as permit-issuing authority and shall have the authority to issue orders and to grant, suspend, revoke, modify, extend, condition, or deny permits as provided in this part. Permits may, at the committee's discretion, be revoked, suspended, or modified upon a finding that the permittee is not in compliance with permit conditions or that the permittee is in violation of any rule or regulation promulgated pursuant to this part.
(c) The chairman of the committee, upon application by the permittee, may issue re newal of a permit previously granted by the committee. Such action must be based upon recommendations of staff, past committee actions, and the results of public comments. The chairman may refer the request for renewal to the committee to decide on renewals that, in his judgment, should receive broader consideration. A committee member may choose to have the full committee decide on renewals that the member feels should receive broader consideration.
12 6-236. 12-5-236. The board shall adopt and have the power to promulgate rules and regulations governing the issuance of permits by the committee and establishing standards for the conatruction of hurricane rcsiotant buildings. Such rules and regulations shall meet the requirements of this part. The standards for the construction of hurricane resistant buildinga shall be drawn from the Standard Building Code and the South Florida Building Code for the implementation and enforcement of this part consistent with the purpose of this part.
12-6-286. 12-5-237. (a) No person shall construct or erect any structure or construct, erect, conduct, or engage in any shoreline engineering activity or engage in any land altera tion which alters the natural topography or vegetation of any area within the jurisdiction of this part, except in accordance with the terms and conditions of a permit therefor issued in accordance with this part. A permit may authorize the construction or maintenance of the project proposed in an application. After construction of a project pursuant to a permit, the project may be maintained without a permit so long as it does not further alter the natural topography or vegetation of the site or increase the size or scope of the project.
(b) No permit shall be required for a structure, shoreline engineering activity, or land alteration which exists as of July 1, 1979, provided that a permit must be obtained for any modification which will have a greater adverse effect on the sand-sharing system or for any addition to or extension of such shoreline engineering activity, structure, or land alteration; provided, further, that, if any structure, shoreline engineering activity, structure, or land alteration is more than 80 percent destroyed by wind, water, or erosion as determined by an appraisal of the fair market value by a member of the American Institute of Real Estate Appraisers (hereinafter called MAI appraisal) real estate appraiser certified pursuant to Chapter 39A of Title 43, a permit is required for reconstruction.; provided, further, that any structure or land alteration may be reconstructed without prior permit approval if destroyed

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by other than wave action or if destroyed 80 percent of leas aa determined by MM appraisal of the fair market value.
12-6'387. 12-5-238. All applications for permits required by this part must be on forms prescribed by the permit-issuing authority, must be properly executed, and must include the following:
(1) The name and address of the applicant;
(2) A brief description of the proposed project;
(3) Construction documents showing the applicant's proposed project and the manner or method by which the project shall be accomplished. Such document shall identify the dynamic dune field affected;
(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, a copy of the deed or other instrument under which the owner claims the 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 permit-issuing authority may accept some other reasonable evidence of owner ship of the property in question or other lawful authority to make use of the property. If all or any part of the proposed construction or alteration shall take place on property which is owned by the State of Georgia, the applicant shall present an easement, revocable license, or other written permission from the state to use the property for the proposed project; in the alternative, the permit-issuing authority may condition the issuance of the permit on the requirement to obtain written permission from the state. The permit-issuing authority will not adjudicate title disputes concerning the property which is the subject of the application; provided, however, that the permit-issuing authority may decline to process an application when submitted documents show conflicting deeds;
(5) A plat showing the boundaries of the proposed project site and the owners of propcrticg adjacent thereto;
(6) The names and addresses of all landowners of property adjoining or abutting the parcel of land on which the proposed project is to be located. If the property to be altered is bordered on any side by other property of the applicant, the applicant shall supply the names and addresses of the nearest landowners, other than the applicant, of property ad joining the applicant's property. If the applicant cannot determine the identity of adjoining landowners or their addresses, the applicant shall file in lieu thereof an affidavit stating that a diligent search, including 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 of ad joining landowners;
W (7) An application fee in such reasonable amount as is designated by the permitissuing authority or, if the committee is the permit-issuing authority, a nonrefundable appli cation fee as set by the board which reflects the cost to the department to evaluate the application. Fees for the renewal of a permit shall be equal to the application fee. Applica tion fees shall not exceed $1,000.00 for any one proposal. If the committee is the permitissuing authority, such fees shall be paid to the department;
W (8) Site plans for the proposed project site showing existing and proposed streets, utilities,~Buildings, and any other physical structures;
W (9) A certification by an a registered architect or engineer licensed by this state certifying that all proposed structures, if any, for which the permit is applied for are designed to meet standards contained in regulations adopted by the board for suitable hur ricane-resistant buildings standards; ad
(9) (10) Any and all other relevant data required by the permit-issuing authority for the purposes of ascertaining that the proposed improvements, activities, and uses will meet the standards of this part?;

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(11) A certificate or letter from the local governing authority or authorities of the politi cal subdivision in which the property is located stating that the applicant's proposal is not violative of any zoning law; an3
(12) A statement from the applicant that he has made inquiry to the appropriate au thorities that the proposed project is not over a landfill or hazardous waste site and that the site is otherwise suitable for the proposed project.
12-6-238. 12-5-239. (a) The permit-issuing authority shall take action on each permit application within 60 96 days after the application is completed; provided, however, that this provision may Tie waived upon the written request of the applicant. An application is complete when it contains substantially all of the written information, documents, forms, fees, and materials required by this part. An application must be completed sufficiently in advance of the permit-issuing authority meeting at which the project will be considered to allow for public notice and evaluation by the permit-issuing authority.
(b) Within ten days of After receipt of a completed application and at least seve 30 days prior to acting on the application, the permit-issuing authority shall mail a written notice to notify all persons identified by the applicant as owning land adjacent to the loca tion of the proposed project and to all persons who have filed a written request with such permit-issuing authority that their names be placed on a mailing list for receipt of such notice, and who have tendered the cost of auch mailing, as such cost ia estimated from time to time by auch permit iasuing authority. Any person desiring to be placed on such mailing list must so request in writing and renew such request in December of each year. The name of any person who has not renewed such request shall be removed from the list. The land owners who have not requested to be placed on a mailing list shall be notified in writing if their addresses are known. Such notice shall be in writing and shall include a general description of the proposed project and its location. The applicant shall post such notice in a conspicuous place on the subject property at or prior to the time the permit-issuing au thority issues public notice of the application. If the applicant has filed an affidavit that the names or addresses of the adjoining landowners were not ascertained after a diligent search, the permit-issuing authority shall cause a notice of the proposed activity and a brief description of the land to be affected to be published in the legal organ or a newspaper of general circulation in the county in which such land lies. Cost of such public notices shall be paid by the applicant. Whenever there appears to be sufficient public interest, the permitissuing authority may call a public hearing.
(c) No permit shall be issued except in accordance with the following provisions:
(1) A permit for a structure or land alteration, other than shoreline engineering activity including, but not limited to, private residences, motels, hotels, condominiums, and other commercial structures, in the dynamic dune field shati may be issued only when:
(A) The proposed project shall occupy the landward area of the subject parcel and, if feasible, the area landward of the sand dunes;
(B) At least a reasonable percentage, not less than one-third, of the subject parcel shall be retained in its naturally vegetated and topographical condition;
(C) The proposed project is designed according to applicable standards as provided in rcgulationa adopted by the board for hurricane-resistant building3 standards;
(D) The activities associated with the construction of the proposed project are kept to a minimum, are temporary in nature, and, upon project completion, restore the natural topog raphy and vegetation to at least its former stability condition, using the best available tech nology; and
(E) The proposed project will maintain the normal functions of the sand-sharing mech anisms in minimizing storm-wave damage and erosion, both to the unaltered section of the subject parcel and at other shoreline locations;
(2) No permits, except for permits for shoreline engineering activity, shall be issued for a structure or land alteration on beaches, eroding sand dune areas, and areas without atablc

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sand dunca, submerged lands; provided, however, that a permit for a pier, boardwalk, or crosswalk in such an area may be issued provided that:
(A) The activities associated with the construction of the proposed land alterations are kept to a minimum, are temporary in nature, and, upon project completion, the natural topography and vegetation shall be restored to at least their former stability condition, us ing the best available technology; and
(B) The proposed project maintains the normal functions of the sand-sharing mecha nisms in minimizing storm-wave damage and erosion, both to the unaltered section of the subject parcel and at other shoreline locations;
(3) A permit for shoreline engineering activity or for a land alteration or structure on beaches, sand dunes, and submerged shoreline lands shall may be issued only when:
(A) The activities associated with the construction of the proposed project are to be temporary in nature, and the completed project will result in complete restoration of the former stability of both the project site and any other any beaches, dunes, or shoreline areas altered as a result of that activity;
(B) At least a reasonable percentage of the subject parcel will be retained in ita natu rally vegetated condition;
{} (B) The proposed project will maintain the normal functions of insofar as possible minimize effects to the sand-sharing mechanisms in minimmttg from storm-wave damage and erosion both to the subject parcel and at other shoreline locations;
(D) The proposed project ia designed according to standards as provided in regulations adopted by the board for hurricane resistant buildinga;
(B) (C) In the event that shoreline stabilization is necessary, either low-sloping porous granite rock structures or other techniques which maximize the absorption dissipation of wave energy and minimize shoreline erosion shall be used;. Permits may be granted for shoreline stabilization activities when the applicant has demonstrated that no reasonable or viable alternative exists; provided, however, that beach restoration and renourishment tech niques are preferable to the construction of shoreline stabilization activities; and
^^ ffi) A copy of the permit application has been transmitted to the local unit of gov ernment wherein the project site lies, if such local unit of government has been certified by the board, requesting comments on such application.
(d) In evaluating a permit application in order to determine compliance with the provi sions set forth in subsection (c) of this Code section, the permit-issuing authority shall may use the following assessment tools and techniques, as appropriate and as available:
(1) Historic photographs and topographic data of the project site over the last 100 years, which can be used in determining the impact of a proposed project on the stability of the shoreline;
(2) On-site inspections to determine the impact of a proposed project on topographic and vegetative conditions, erosion or accretion rates, and other factors influencing the life cycles of dune plants;
(3) Any recognized or accepted scientific investigations necessary to determine the pro posed project's impacts on the surrounding biological and geological systems, and the his toric and archeological resources;
(4) When present, the potential effects of shoreline engineering structures (seawalls, groins, jetties, etc.), their condition, and their apparent influence on the sand-sharing mech anism system as it relates to the proposed project;
(5) Historic, climatological, tidal data, and meteorological records of the vicinity of the project and possible potential effects of a proposed project upon erosion and accretion rates; and

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(6) New scientific information which, through recent advances, would effect a more competent decision relative to wise use and management of Georgia's sand-sharing system.
(e) Every permit shall require that the proposed project be completed within twe five years after the date of issuance of the permit and shall expire twe five years after the date of issuance. Such time may be extended for good cause five additional years upon a showing that all due efforts and diligence toward the completion of the project have been made. If a permit holder sells, leases, rents, or otherwise conveys the land or any portion of the land for which the permit was issued, 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. The permittee must notify the permit-issuing authority within 30 days after change of ownership of property.
(f) 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 permit-issuing authority.
(g) Compliance with all other federal, state, and local statutes, ordinances, and regula tions shall also be a condition of every permit issued pursuant to this part. 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^
(h) All permit-issuing authorities may place such conditions on any permit issued under this Code section as are necessary to carry out this part.
(i) In passing upon the application for a permit, the permit-issuing authority shall considefthe public interest which for purposes of this part shall be deemed to be the following considerations"
(1) Whether or not unreasonably harmful, increased alteration of the dynamic dune field or submerged lands, or function of the sand-sharing system will be created;
(2) Whether or not the granting of a permit and the completion of the applicant's proposaFwill unreasonably interfere with the conservation of marine life, wildlife, or other re sources; and
(3) Whether or not the granting of a permit and the completion of the applicant's pro posal will unreasonably interfere with reasonable access by and recreational use and enjoy ment of public properties impacted by the project.
(j) 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 ruled upon by the permit-issuing authority to determine if the proposed change is consistent with this part and the permit. Each permitted alteration within the area of operation of this part shall be reviewed by the permit-issuing authority on a five-year basis or when noncompliance with the purpose for which the permit was issued is evident to determine if the use within the area of operation of this part is consistent with the intent of this part. If the permit holder is found not to be in compliance with this part, the permit-issuing authority shall take action as authorized under Code Section 12-5-247.
(k) (1) A permit granted by the permit-issuing authority becomes final immediately upon" issuance, but no construction or alteration may commence until the expiration of 30 days following the date of the permit-issuing authority meeting at which the application is approved, except as otherwise provided in paragraph (2) of this subsection; provided, how ever, that if a timely appeal is filed, no construction or alteration may commence until all administrative proceedings are terminated except as otherwise provided in paragraph (2) of this subsection.
(2) If the permit-issuing authority, either at the request of the applicant or on its own

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motion, finds that an emergency exists in any particular geographic area or in regard to any particular permit issued by the permit-issuing authority, the permit-issuing authority is au thorized to allow a permittee to commence immediately or to continue the construction of alteration authorized by the permit. The permit-issuing authority in determining an emer gency shall base its determination on imminent peril to the public health, safety, or welfare or a grave danger to life, real property, structures, or shoreline engineering activities. If the permit-issuing authority makes such a finding of an emergency, the permittee may com mence immediately or continue the construction or alteration authorized by the permit, but such construction or alteration is undertaken at the risk to the permittee of an administra tive or judicial order requiring the sand dunes, beaches, and submerged lands to be returned to their condition prior to such construction or alteration.
(1) When work has been completed in accordance with provisions of a permit, the per mittee shall so notify the permit-issuing authority in writing within 30 days of such completion.
12 6-280. 12-5-240. A certified copy of every permit issued to an applicant shall be prominently displayed within the area of proposed activity. If the permit-issuing authority deems it advisable, the applicant may be required to cause a sign to be erected bearing the permit number, date of issuance, name of applicant, and such other information as the per mit-issuing authority may reasonably require. The permit-issuing authority may specify the type of and, within reasonable dimensions, the size of the sign.
12 6 240. 12-5-241. (a) If a local unit of government has enacted ordinances which meet or exceed the standards, requirements, and provisions of this part, and which are enforcea ble by such local unit of government, the board may certify such local unit of government as a permit-issuing authority. In areas in which a local shore assistance protection program has been certified by the board, the local unit of government shall have all permitting authority described in this part, except for shoreline engineering activities and activities proposed to occur in whole or in part on submerged shoreline lands or on other state owned lands. The committee shall exercise exclusive permitting authority for shoreline engineering activities and activities proposed to occur in whole or in part on submerged shoreline lands. Local units of government are authorized to enact ordinances meeting or exceeding the require ments of this part.
(b) The board shall periodically review the actions of local units of government which have approved local shore assistance protection programs and may revoke its certification of such programs if it determines that such ordinances are not being sufficiently enforced to carry out the intent of this part.
(c) In all areas of the state within the areas of operation of this part where no local shore aasistancc protection program has been certified by the board or where such certifica tion has been revoked by the board, the provisions of this part shall be carried out by the committee.
(d) From appropriations of the General Assembly made to the department for such purposes, the department shall be authorized to provide state grants to local units of gov ernment for any one or more of the following purposes:
(1) Construction and maintenance of boardwalks;
(2) Dune stabilization programs;
(3) Beach restoration and renourishment;
(4) Public purchase of rights of way to beaches; and
(5) Construction or removal of shoreline engineering activities.
12-6 241. 12-5-242. The department shall provide technical assistance to any local unit of government which requests such assistance in order to develop an ordinance meeting the requirements of this part. The department shall also develop a model ordinance which may be used by such local units of government.

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12 6-242. 12-5-243. Nothing in this part shall be construed as prohibiting a local unit of government from adopting ordinances more restrictive in regard to activity on sand dunes and beaches than the standards set forth in this part.
12 6-248. 12-5-244. (a) 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 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 Admin istrative 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 accordance with Chapter 13 of Title 50.
(b) Where a local unit of government has, pursuant to this part, granted, suspended, modified, extended, conditioned, or denied a permit, any person aggrieved or adversely af fected by such action shall be afforded a right to administrative and judicial review of such action.
(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 or local unit of government, as appropriate, asserts in response to the petition before the administrative law judge that the petitioner is not aggrieved or adversely affected, 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. The burden of going forward with evidence on this issue shall rest with the petitioner.
12-6-244. 12-5-245. Any activity in violation of this part or of any ordinance or regula tion adopted pursuant hefete to this part shall be a public nuisance; and such activity may be enjoined or abated by an action filed in the appropriate superior court by the Attorney General on behalf of the department, by any local unit of government affected, or by any person. Upon showing of any activity in violation of this part or of any ordinance or regula tion adopted pursuant hereto to this part, a temporary restraining order, a permanent or temporary injunction, or other order shall be granted without the necessity of showing lack of an adequate remedy at law and irreparable injury. The relief granted by the court in an action filed pursuant to this Code section may include, but shall not be limited to, and order requiring the sand dunes, beaches, and submerged shoreline lands to be returned to their condition prior to such violation.
12 6-246. 12-5-246. The superior court of the county in which the alleged violator or person txgainat whom aubatantial relief is sought resides land or any part thereof is located or in which jurisdiction is otherwise proper shall have jurisdiction to restrain a violation of this part at the action of the department, any local unit of government affected, or any person.
12 6-246. 12-5-247. (a) If the department determines that any person is violating any provision of this part or any rule or regulation adopted pursuant hereto to this part or the terms and conditions of any permit issued thereunder under this part, and such violation is in an area where the committee is the permit-issuing authority, the department may employ any one, or any combination of any or all, of the enforcement methods specified in paragraphs (1) through {3} (4) of this subsection:
(1) The department may issue an administrative order specifying the provision of this part or the rule, or both, alleged to have been violated and require the person so ordered to cease and desist from such activity and to take corrective action within a reasonable period of time as prescribed in the order; provided, however, that the issuance of such order shall not affect the availability of relief"under Code Section 12-5-244. Such corrective action may include, but shall not be limited to, requiring that the sand dunes, beaches, and submerged shoreline lands be returned to their condition prior to the violation of the this part or a rule

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adopted pursuant hereto to this part. Any such order shall become final unless the person named therein requests in writing a hearing before a hearing officer appointed by the board no later than 30 ten days after the issuance of such order. Review of such order shall be available as provided in subsection (a) of Code Section 12-6-248. 12-5-244;
(2) Whenever the department committee finds that an emergency exists requiring im mediate action to protect the public or private interest where the public interest is served, the department may it may issue an order, to be effective immediately; reciting the existence of such an emergency and requiring or allowing that such action be taken as it deems necessary to meet the emergency.; provided, however, that such an emergency order shall be issued only after an affidavit has been filed with the department showing irreparable injury. Any pcraon against whom aueh order is directed shall comply therewith immediately, but on application to the department shall be afforded a hearing within ten days. On the baais of such hearing, the department shall be authorized to continue such order in effect, to revoke the order, or to modify it. Review of such order ahull be available as provided in subsection (a) of Code Section 12-6-243. Notwithstanding any other provision of this part, such order shall be effective immediately. If an order requiring a person to take action is issued pursu ant to this paragraph, such person shall be entitled to a hearing within ten days of the date of issuance of the order. Any person who is aggrieved or adversely affected by an emergency order of the committee, upon petition within ten days after issuance of such order, shall have a right to a hearing before an administrative law judge appointed by the board. The committee shall hold a meeting no sooner than 30 days after the issuance of an emergency order to review such order to determine whether the order has been complied with, whether the order should continue in force, and any possible effects of such order on the sand-shar ing system;
(3) The committee may file in the appropriate superior court a certified copy of an unapl)ealed final order of the administrative law judge or of a final order of the administra tive law judge affirmed upon appeal or other orders of the committee, 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; ancl
{3} (4) The department may seek injunctive relief pursuant to Code Section 12-6-244 12-5-245~
(b) Any person who violates any provision of this part or any rule or regulation adopted hcrcundcr under this part, any permit issued under this part, or final or emergency order of the department shall be subject to a civil penalty not to exceed $10,000.00 for each act of violation. Each day of continued violation shall subject said person to a separate civil pen alty. A hearing officer An administrative law judge appointed by the board after a hearing conducted in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' shall determine whether or not any person has violated any provision of this part, any rule or regulation adopted hercundcr under this part, any permit, or any final or emergency order of the department or permit-issuing authority and shall upon proper finding issue an order imposing such civil penalties as provided in this subsection. Review of such order shall be available as provided in subsection (a) of Code Section 12-6-248 12-5-244. All civil penal ties recovered by the department as provided in this subsection shall be paid into the state treasury to the credit of the general fund.
(c) Any person who causes or permits any removal, filling, or other alteration of the dynamic dune field or submerged lands in this state without first obtaining a permit from the permit-issuing authority shall be liable in damages to the state and any political subdi vision of the state for any and all actual or projected costs and expenses and injuries occa sioned by such alteration of the dynamic dune field or submerged lands. 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 or to be incurred by the state or any political subdivision thereof in restoring as nearly as possible the natural topography of the

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sand-sharing system and replacing the vegetation destroyed by any alteration of the dy namic dune field or submerged lands. Damages to the state shall be recoverable in a civil action instituted by the department and shall be paid to the department to cover cost of restoration. Damages to a political subdivision shall be recoverable in a civil action insti tuted hy said subdivision.
(d) Owners of property with knowledge of unauthorized activities occurring thereon are responsible under this part.
12-5-248. (a) It shall be unlawful for any person to:
(1) Operate any motorized vehicle or other motorized machine on, over, or across the dynamic dune field or beaches except as authorized by the permit-issuing authority, except that individual handicap vehicles, emergency vehicles, and governmental vehicles utilized for beach maintenance or research may operate within the dynamic dune field and beaches without authorization from the permit-issuing authority as long as those vehicles operate across existing cross-overs, paths, or drives; or
(2) Store or park sailboats, catamarans, or other commercial or recreational marine craft in any dynamic dune fielcT
(b) Any person violating the provisions of subsection (a) of this Code section shall be guilty of a misdemeanor?'
Section 2. All laws and parts of laws in conflict with this Act are repealed.

Senator Hammill of the 3rd moved that the Senate agree to the House substitute to SB 725.

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 Burton Clay Coleman Collins Dawkins Deal Dean Echols Foster Gillis

Hammill Harris Hasty Henson Hooks Huggins Johnson 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 White

Voting in the negative was Senator Taylor.

Those not voting were Senators:

Bowen Brown of 26th Edge Egan

English Garner Hill

Kidd Pollard Shumake

On the motion, the yeas were 45, nays 1; the motion prevailed, and the Senate agreed to the House substitute to SB 725.

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

SB 713. By Senators Alien of the 2nd and Coleman of the 1st:
A bill to amend an Act providing for a chief judge of the Recorder's Court of Chatham County, as amended, so as to provide that whenever the judges of the recorder's court require the services of an additional judge, they shall first re quest a senior judge to perform such services.

The House amendment was as follows:

Amend SB 713 by striking the word "shall" on line 6 of page 1 and line 26 of page 1 and inserting in each place the word "may".

Senator Hammill of the 3rd moved that the Senate agree to the House amendment to SB 713.

On the motion, the yeas were 41, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 713.

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

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.
Senate Sponsor: Senator Taylor of the 12th.

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

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

Those voting in the affirmative were Senators:

Alien Baldwin Bishop Bowen Broun of 46th Brown of 26th Burton Clay Coleman Collins Dawkins Deal Dean Echols Edge English

Foster Gillis Hammill Harris Hasty Henson Hill Huggins Johnson 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

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2857

Those not voting were Senators:

Albert

Hooks

Egan

Kidd

Garner

Shumake

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

Taylor Walker of 43rd

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

The following bills of the Senate were taken up for the purpose of considering the House substitutes thereto:

SB 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.

The House substitute to SB 811 was as follows:

A BILL
To be entitled an Act to amend Chapter 2 of Title 37 of the Official Code of Georgia Annotated, relating to the administration of mental health and mental retardation services generally, so as to create the State Commission on Mental Health, Mental Retardation, and Substance Abuse Service Delivery; to provide for legislative intent; to provide for the com position of the commission and the commission's powers and duties; to provide for compen sation of the members of the commission; to provide for officers of the commission; to pro vide for a quorum for the transaction of business; to provide for a final report; to provide an effective date; to provide for automatic repeal on a certain date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 2 of Title 37 of the Official Code of Georgia Annotated, relating to the administration of mental health and mental retardation services generally, is amended by designating Code Sections 37-2-1 through 37-2-12 as Article 1 of said chapter and adding a new Article 2 to read as follows:
"ARTICLE 2
37-2-30. (a) The General Assembly finds and declares that the quality of services pro vided to citizens with mental illness, mental retardation, and substance abuse is vitally im portant to the citizens of Georgia. Mental illness, mental retardation, and substance abuse knows no social or economic barriers. Over 145,000 people are served in the publicly funded services system. The current public service system is composed of state operated hospitals, county board of health operated community programs contracted with the Department of Human Resources, and community programs operated by private, nonprofit agencies which contract with the Department of Human Resources. This system of service delivery has demonstrated shortcomings and lack of continuity of care over a 20 year history reflective of a nation-wide problem. It has become evident that this system offers inconsistent, inequita ble response to the needs of citizens of Georgia.
(b) Expanded community planning, improved continuity of care, a balance between public and private community based organizations, and a single point of accountability could lead to a more effective system. Numerous studies have pointed to the need for im proved service delivery. The creation of a state commission would ensure that these recom mendations and needed improvements could be realized as quickly as possible.

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37-2-31. There is created a State Commission on Mental Health, Mental Retardation, and Substance Abuse Service Delivery which shall be responsible for developing a compre hensive plan for an improved service delivery system for the treatment and habilitation of people with mental illness, mental retardation, and substance abuse problems. This plan should include the design and implementation plan strategies for a state-wide publicly funded service system.
37-2-32. (a) The State Commission on Mental Health, Mental Retardation, and Sub stance Abuse Service Delivery shall consist of 18 members as follows:
(1) Three members of the House of Representatives to be appointed by the Speaker of the House of Representatives;
(2) Three members of the Senate to be appointed by the President of the Senate;
(3) The chairman of the Board of Human Resources, or his or her designee;
(4) Seven members to be appointed by the Governor who shall be representative of the following:
(A) District health directors;
(B) Consumers or representatives of mental illness, mental retardation, and substance abuse programs;
(C) Private service providers;
(D) County commissioners; and
(E) Superintendents of regional hospitals.
(5) The chairman of the Governor's Advisory Council on Mental Health, Mental Retar dation, and Substance Abuse, or his or her designee; and
(6) Three nonvoting ex officio members shall be the director of the Division of Mental Health, Mental Retardation, and Substance Abuse, the director of the Division of Public Health of the Department of Human Resources, and the commissioner of the Department of Medical Assistance.
(b) The Governor, the Speaker of the House of Representatives, and the President of the Senate shall appoint individuals who are specially qualified to serve on the commission by reason of their interest in and knowledge of services to citizens with mental illness, mental retardation, and substance abuse problems.
(c) The Governor shall designate one of his appointees to serve as the chairperson of the commission. The chairman of the Board of Human Resources shall serve as vice chair man of the commission. The commission may elect other officers as deemed necessary.
37-2-33. (a) The commission may hold meetings and hearings state wide to develop a comprehensive plan for an improved state-wide public service delivery system for people with mental illness, mental retardation, and substance abuse problems.
(b) A quorum for transacting business shall be a majority of the members of the commission.
(c) The members of the commission may be reimbursed for expenses incurred while conducting the business of the commission from federal or private grants, devises, or be quests received by the commission.
37-2-34. (a) The commission shall have the following duties:
(1) To study and evaluate the needs, priorities, programs, and continuity of care for individuals with mental illness, mental retardation, and substance abuse problems;
(2) To evaluate the effectiveness and efficiency of the current service delivery system;
(3) To develop a plan for an improved service delivery system;
(4) To initiate the development of enabling legislation; and

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(5) To monitor the implementation of the developed plan.
(b) The commission shall have the following powers:
(1) To write and disseminate reports and recommendations concerning services to peo ple with mental illness, mental retardation, and substance abuse problems;
(2) To accept public or private grants, devises, and bequests;
(3) To enter into all contracts or agreements necessary or incidental to the performance of its duties; and
(4) To hold meetings and public hearings and to conduct studies, collect data, or take any other action the commission deems necessary to fulfill its responsibilities.
(c) The commission shall complete its plan and make a report of its findings and recom mendations including proposed legislation, if any, to the Governor and to the Board of Human Resources on or before December 1, 1992. The commission shall work with the Gov ernor and the Board of Human Resources to monitor the implementation of policies and programs it recommended. The commission shall stand abolished on December 31, 1993."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 3. This Act shall stand repealed on December 31, 1993.
Section 4. All laws and parts of laws in conflict with this Act are repealed.

Senator Starr of the 44th moved that the Senate agree to the House substitute to SB 811.

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 Clay Coleman Collins
Dawkins Deal Dean
Echols Edge

Egan English Foster Garner Hammill Harris Henson
Hill Hooks Marable Moye
Newbill Perdue Perry
Phillips Ragan of 10th

Ragan of 32nd Ramsey Ray Robinson Scott Starr ,,, .
Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White

Those not voting were Senators:

Gillis Hasty Huggins

Johnson Kidd Langford

Pollard Shumake Steinberg

On the motion, the yeas were 47, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 811.

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SB 484. By Senators Newbill of the 56th and Clay of the 37th:
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.
The House substitute to SB 484 was as follows:
A BILL
To be entitled an Act 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; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 20-2-282 of the Official Code of Georgia Annotated, relating to the comprehensive evaluation of public schools, is amended by striking subsection (a) thereof and inserting in its place a new subsection to read as follows:
"(a) (1) The State Board of Education shall supervise a comprehensive evaluation of each public school, local school system, and regional educational service agency at least once every five years, except as provided in paragraph (4) of this subsection or subsection (e.l) of this Code section, concerning the following functions to the extent they are deemed by the state board to be appropriate and applicable to such units:
(A) The extent to which the strategic plan has been effectively implemented;
(B) The extent to which the uniformly sequenced core curriculum adopted by the state board has been effectively implemented;
(C) The extent of compliance with state laws and state board prescribed policies, rules, regulations, standards, and criteria;
(D) The effectiveness of educational programs and services, including comparisons to student bodies which are comparable in terms of demographic characteristics;
(E) The effectiveness of annual personnel evaluation procedures and annual profes sional development plan procedures and the extent to which staff development programs effectively address deficiencies and other needs identified through these processes;
(F) The accuracy of student count procedures;
(G) The accuracy of fiscal procedures as they apply to implementing the state board prescribed program accounting systems and ensuring funds are expended for purposes au thorized by state laws and state board policy and regulations;
(H) The extent to which public awareness and information processes comply with state law and state board adopted policies and regulations; and
(1) Such other functions deemed necessary by the state board for a full and comprehen sive evaluation of such units.
(2) Such comprehensive evaluations shall be conducted by certificated professional em ployees from other local units of administration, faculty members of colleges and universi ties, and citizens residing within the respective local units. The number and role of such individuals shall be prescribed by the state board; provided, however, that such individuals shall be coordinated by professional evaluators. The state board shall be authorized to re quire additional evaluations by the Department of Education.
(3) The state board shall publish in the legal organ of the county where the local school system is located the result of the comprehensive evaluations, including a summary of any deficiencies and recommendations for addressing said deficiencies. The State School Super intendent shall annually report to the Governor and the General Assembly concerning the

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results of all state-wide assessments of student achievement; the status of each public school, local school system, and regional educational service agency; and the progress each nonstandard unit has made toward addressing identified deficiencies. Copies of such reports shall be made available upon request. The State School Superintendent shall be authorized to require local school superintendents and directors of regional educational service agencies to provide such reports as deemed necessary for the effective operation of public education in this state. The State School Superintendent shall compile an annual report in which shall be presented a statement of the condition and amount of all funds and property appropri ated for the purpose of public education, a statement of the average cost per student of instruction in the state's public schools, and a statement of the number of children of school age in the state, with as much accuracy as possible. Such report shall be kept in the State School Superintendent's office and shall be available for public inspection during regular business hours. Copies of the report or portions of the report shall be made available on request.
(4) Any school or school system that is accredited through an accrediting agency ap proved by the State Board of Education or by the Southern Association of Colleges and Schools or by any other regional accrediting agency approved by the State Board of Educa tion shall be exempt from the comprehensive evaluation required by paragraph (1) of this subsection. All such accreditation reports shall be kept on file with the Department of Edu cation in lieu of the comprehensive evaluation, including any follow-up reports. Any such school or school system that is in a probationary status shall file all corrective plans, designed in conjunction with the accrediting agency, with the Department of Education. Any school or school system that shall lose accreditation will be subject to the comprehen sive evaluation specified in paragraph (1) of this subsection."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

Senator Newbill of the 56th moved that the Senate agree to the House substitute to SB 484.

On the motion, 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 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 Timmons Turner Tysinger Walker of 22nd Walker of 43rd White

Those not voting were Senators:

Alien Hammill

Kidd Langford

Shumake

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On the motion, the yeas were 51, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 484.

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 House substitute to SB 701 was as follows:

A BILL
To be entitled an Act to amend Article 4 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to insurance of workers' compensation liability generally, so as to provide for the apportionment and assignment of rejected workers' compensation policies covering vendors of logging services or associations of such vendors; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 4 of Chapter 9 of Title 33 of the Official Code of Georgia Annotated, relating to insurance of workers' compensation liability generally, is amended by striking Code Section 34-9-133, relating to the apportionment and assignment of rejected workers' compensation insurance risks, in its entirety and inserting in its place a new Code Section 34-9-133 to read as follows:
"34-9-133. (a) The board shall prescribe the rules and regulations for apportioning re jected workers'~compensation policies and may establish an equitable assignment of such policies and enforce such provisions; provided, however, the Commissioner of Insurance is authorized to establish or approve a method to apportion on a pro rata basis any rejected workers' compensation policy where four insurers duly authorized to write workers' compen sation insurance refused, in writing, to issue the workers' compensation policy to cover said risk or where the agent for the applicant for such insurance confirms in writing to the four insurers their refusal to cover said risk. In formulating this method of assignment, a mini mum loss ratio will be considered by the Commissioner of Insurance. Then, such established or approved method shall immediately assign an insurer to write such risk. Where such assignment has been made under the aforementioned method, the board shall not make the assignment.
(b) The method of apportioning and assigning rejected workers' compensation insur ance policies provided in subsection (a) of this Code section shall include the assignment and apportionment of such policies covering vendors who provide logging services to a named insured or covering an association of such vendors."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

Senator Edge of the 28th moved that the Senate agree to the House substitute to SB 701.

On the motion, 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

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2863

Dean Echols Edge Egan English 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 Scott Starr Steinberg Tate Taylor Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White

Voting in the negative was Senator Langford.

Those not voting were Senators:

Alien Kidd

Robinson

Shumake

On the motion, the yeas were 51, nays 1; the motion prevailed, and the Senate agreed to the House substitute to SB 701.

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.

The House substitute to SB 777 was as follows:

A BILL
To be entitled an Act to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary, secondary, and adult education, so as to 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; to provide that the Professional Stan dards Commission may make certain recommendations; to provide that the Governor shall select the chairman of the Professional Standards Commission; to provide that the members of such commission shall receive certain reimbursement of expenses; to provide that the members of such commission shall appoint an executive secretary; 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 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary, secondary, and adult education, is amended by striking in its entirety para graph (1) of subsection (d) of Code Section 20-2-200, relating to the certification and classi fication of certain professional personnel employed in the public schools and inserting in lieu thereof the following:
"(1) Is the holder of a master's degree in education in a teaching field or higher level degree from a regionally accredited college or university in a subject area field corresponding

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to an appropriate subject area certification classification established pursuant to subsection (a) of this Code section;".
Section 2. Said chapter is further amended by striking in its entirety subsection (a) of Code Section 20-2-201, relating to specific course requirements for teachers and other per sons, and inserting in lieu thereof the following:
"(a) Any person certified as a teacher, principal, or guidance counselor pursuant to Code Section 20-2-200 shall have satisfactorily through the uac of objective criteria com pleted a course coursework of five or more quarter hours, approved by the Professional Standards Commission, in the identification and education of children who have special educational needs or shall have satisfactorily completed an equivalent preparation in a staff development program designed for this purpose, provided such staff development program shall have received prior approval of the commission for that purpose. As used in this sub section, 'children who have special educational needs' is defined as auch children aa defined by-Gedc Section 20 2 162 gifted children who receive educational services under an Individ ualized Education Plan. Teachers, principals and guidance counselors who have satisfacto rily completed eeafses coursework in other states at least comparable with the requirements of this Code section may be approved certified by the Professional Standards Commission. Those teachers, principals, and guidance counselors of other states, those applicants com pleting noneducation programs who are otherwise eligible for provisional certification in Georgia, and those teachers with lapsed Georgia teaching certificates who are otherwise eli gible for emergency certificates who would be employed and certified in Georgia schools but lack the requirements of this subsection shall have a period of one year from date of em ployment time not to exceed two years from the date of employment to obtain the pre scribed training. Tcaehcra holding valid Georgia teaching ccrtificatco shall have until their fcccrtification date to comply with the requirements of this aubacetion. Any pcraon taking the course under thia Code icction ohall receive appropriate credit toward certification and salary incrcaaca."
Section 3. Said chapter is further amended by striking in its entirety Code Section 20-2215, relating to the "in loco parentis" status of aides and professionals, and inserting in lieu thereof the following:
"20-2-215. Classroom aides and paraprofessionals shall have, while performing assigned duties, the authority of 'in loco parentis,' except for the administration of corporal punish ment; provided, however, that such aides and paraprofessionals have at least the minimal training or experience, or both, prescribed by the 8tatc Board of Education Professional Standards Commission to have such authority and that such aides and paraprofessionals are under direct supervision of classroom teachers or other certificated professional personnel on a daily basis. Such aides and paraprofessionals shall have such authority both when the classroom teachers are present and when they are absent for justifiable purposes. Such pur poses shall include planned release time and such activities as accompanying selected stu dents to other locations or sites, instructing individual students or small groups at a location away from the classroom, meeting with parents and guardians, planning instructional pro grams or lessons, participating in staff development activities, and other such education ac tivities related to classroom instruction. The state board Professional Standards Commis sion shall have the authority to prescribe such requirements and standards as it deems necessary for the effective implementation of this Code section."
Section 4. Said chapter is further amended by striking in its entirety subsection (a) of Code Section 20-2-983, relating to creation of the Professional Standards Commission and related matters, and inserting in lieu thereof the following:
"(a) The Professional Standards Commission existing June 30, 1991, is abolished and the term of office of the members of such abolished commission shall expire July 1, 1991. A new Professional Standards Commission is created and attached to the Office of Planning and Budget for administrative purposes only. The commission shall consist of 18 members to be appointed by the Governor, subject to the provisions of subsections (b) and (c) of this Code section. The term of office of members of the commission shall be three years; except

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2865

the initial appointments shall begin July 1, 1991, and shall be: six for one year, six for two years, and six for three years. A member may be reappointed to the commission only one time. Vacancies shall be filled for unexpired terms in the same manner as the original ap pointments. If a member for any reason discontinues employment or service in the category from which he or she was appointed, that person ia no longer may not be eligible to serve on for reappointment to the commission as a representative of that category. If a member elects to take employment outside the State of Georgia, that person is no longer eligible to serve on the commission. The Governor may remove any member from the commission for misconduct or malfeasance in office, incapacity, or neglect of duty. All members of the com mission are to be confirmed by the Senate. Any appointment made by the Governor when the Senate is not in session shall be effective until the appointment is acted upon by the Senate."
Section 5. Said chapter is further amended by striking in its entirety subsection (d) of Code Section 20-2-984, relating to the Professional Standards Commission and related mat ters, and inserting in lieu thereof the following:
"(d) The commission shall not make any recommendations relating to or have authority over the compensation, benefits, or working conditions of educational personnel in the pub lic schools of Georgia; provided, however, that the commission shall have the authority to make recommendations to the State Board of Education regarding compensation as it re lates to certification."
Section 6. Said chapter is further amended by striking in its entirety subsection (a) of Code Section 20-2-985, relating to the Professional Standards Commission and related mat ters, and inserting in lieu thereof the following:
"(a) The commission Governor shall annually select a chairman from its the member ship a chairman and vice chairman by ballot of the commission. Meetings shall be held at the call of the chairman or upon the request in writing of a majority of the commission. A majority of such quorum shall have authority to act upon any matter properly brought before the commission."
Section 7. Said chapter is further amended by striking in its entirety Code Section 20-2986, relating to the Professional Standards Commission and related matters, and inserting in lieu thereof the following:
"20-2-986. Members of the commission shall receive no compensation for their services but shall, upon approval by the chairman, be reimbursed for their actual and necessary expenses incurred in the performance of official commission business, but auch cxpcnaca shall not exceed $60.00 per day and mileage at the same rate aa state officials and employees as provided by Code Section 45-7-20. No member of the commission, with the exception of members of the executive committee of the commission, shall be reimbursed from any pub lic funds for such expenses for more than 20 days during each calendar year, except that there shall be no limitation on the number of meeting days for one year after July 1, 1991. A member of the commission who is an employee of an agency of the state, or any of its political subdivisions, including school systems, shall be permitted to attend commission meetings and perform other commission duties without loss of income or other benefits. An agency of Georgia, or any of its political subdivisions, including school systems, which em ploys a member of the commission and employs a person to replace such member during the member's performance of commission duties or incurs other additional expenses as a result of such performance shall be reimbursed for the actual amount of any costs so incurred."
Section 8. Said chapter is further amended by striking in its entirety subsection (a) of Code Section 20-2-987, relating to the executive secretary of the Professional Standards Commission and related matters, and inserting in lieu thereof the following:
"(a) The Governor commission shall appoint an executive secretary to thi who shall serve as the secretary and executive officer of the commission. Such executive secretary shall be compensated in an amount fixed by the Governor commission, provided,

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however, auch compensation shall not exceed the annual compensation of the State Superin tendent of 8choola. The executive secretary shall have the authority to employ such profes sional and clerical personnel as may be necessary to carry out the duties and responsibilities of the commission, subject to approval by the commiaaion. Personnel of the Department of Education may be utilized by the commission subject to the approval of the State School Superintendent."
Section 9. All laws and parts of laws in conflict with this Act are repealed.
Senator Foster of the 50th moved that the Senate disagree to the House substitute to SB 777.
On the motion, the yeas were 37, nays 0; the motion prevailed, and the Senate disagreed to the House substitute to SB 777.
The following bill of the Senate was taken up for the purpose of considering the House action thereon:
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.
Senator Dawkins of the 45th moved that the Senate adhere to its disagreement to the House substitute to SB 488, and that a Conference Committee be appointed.
On the motion, the yeas were 39, nays 0; the motion prevailed, and the Senate adhered to its disagreement to the House substitute to SB 488.
The President appointed as a Conference Committee on the part of the Senate the following:
Senators Dawkins of the 45th, Robinson of the 16th and Taylor of the 12th.
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House adheres to its position in insisting on its substitute, and has appointed a Committee of Conference to confer with a like committee on the part of the Senate on the following bills of the Senate:
SB 488. By Senators Dawkins of the 45th, Taylor of the 12th, Robinson of the 16th and others: 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.

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2867

The Speaker has appointed on the part of the House, Representatives Kilgore of the 42nd, Herbert of the 76th and Porter of the 119th.
SB 159. By Senators Olmstead of the 26th and Albert of the 23rd: A bill to amend Chapter 11 of Title 43 of the Official Code of Georgia Annotated, relating to the Georgia Board of Dentistry and the licensed practice of dentistry, so as to change the penalty for the practice of dentistry without a license.
The Speaker has appointed on the part of the House, Representatives Childers of the 15th, Streat of the 139th and Simpson of the 70th.
The following bills of the House were read the first time and referred to committee:
HB 1094. By Representatives Orr of the 9th, Jackson of the 9th and Lawson of the 9th: A bill to amend an Act to create and establish a civil service system in Hall County for employees of Hall County, so as to change the employees covered under such system.
Referred to Committee on Urban and County Affairs.
HB 1577. By Representatives Lawrence of the 49th, Alford of the 57th, Redding of the 50th and others: A bill to amend an Act revising, superseding, and consolidating the laws pertain ing to the governing authority of DeKalb County and creating a chairman and board of commissioners of roads and revenues for DeKalb County, so as to pro vide for the new reapportioned districts.
Referred to Committee on Urban and County Affairs.
HB 2002. By Representatives Holland of the 136th and Hudson of the 117th: A bill to amend an Act to provide for the election of members of the board of education of Turner County, so as to provide new education districts.
Referred to Committee on Urban and County Affairs.
HB 2003. By Representative Holland of the 136th: A bill to amend an Act creating and establishing a Board of Commissioners of Roads and Revenues of Worth County, so as to provide new commissioner districts.
Referred to Committee on Urban and County Affairs.
HB 2004. By Representative Holland of the 136th: A bill to amend an Act creating a board of commissioners of Turner County, so as to provide new commissioner districts.
Referred to Committee on Urban and County Affairs.
HB 2005. By Representative Holland of the 136th: A bill to amend an Act to provide for the election of a chairman and four mem bers of the Worth County Board of Education, so as to provide new education districts.
Referred to Committee on Urban and County Affairs.

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HB 2024. By Representative Connell of the 87th: A bill to amend an Act providing a charter for the City of Augusta, so as to change the provisions limiting the succession in office of the mayor and council members.
Referred to Committee on Urban and County Affairs.
HB 2113. By Representatives Moody of the 153rd and Byrd of the 153rd: A bill to amend an Act to change the composition and method of election of the Board of Education of Appling County, so as to provide new education districts.
Referred to Committee on Urban and County Affairs.
HB 2114. By Representatives Moody of the 153rd and Byrd of the 153rd: A bill to amend an Act creating the board of commissioners of Appling County, so as to provide new commissioner districts.
Referred to Committee on Urban and County Affairs.
HB 2151. By Representatives Williams of the 48th, Tolbert of the 58th, Sherrill of the 47th and others: A bill to provide a homestead exemption from certain DeKalb County School District ad valorem taxes for educational purposes on the full value of the home stead after a five-year phase in period for certain residents of that school district who are 70 years of age or over and who have annual incomes not exceeding $50,000.00.
Referred to Committee on Urban and County Affairs.
HB 2170. By Representatives Dixon of the 151st and Blitch of the 150th: A bill to amend an Act providing for the election of the members of the Board of Education of Charlton County, so as to change provisions relating to education districts.
Referred to Committee on Urban and County Affairs.
HB 2171. By Representatives Dixon of the 151st and Blitch of the 150th: A bill to amend an Act creating the board of commissioners for Charlton County, so as to change provisions relating to commissioner districts.
Referred to Committee on Urban and County Affairs.
HB 2172. By Representatives Snow of the 1st, McCoy of the 1st and Perry of the 5th: A bill to amend an Act creating the board of commissioners of Dade County, so as to change the composition of the commission districts.
Referred to Committee on Urban and County Affairs.
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:

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SB 567.

Respectfully submitted,
/a/ Waymond C. Muggins, Chairman Senator, District 53

Senator Deal of the 49th moved that the Senate stand in recess until 12:00 o'clock Midnight, pursuant to HR 1182 adopted previously, and then stand adjourned until Mon day, March 30, 1992, at 10:00 o'clock A.M., and the motion prevailed.

At 10:43 o'clock P.M., the President announced that the Senate would stand in recess until 12:00 o'clock Midnight, and at that time stand adjourned until Monday, March 30, 1992, at 10:00 o'clock A.M.

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Senate Chamber, Atlanta, Georgia Monday, March 30, 1992
Thirty-ninth 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 Wednes day, March 25, had been read and found correct.
By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.
The following served as doctor of the day when the Senate was in recess: March 26, 1992 - Dr. Harrison Rogers of Atlanta, Georgia; March 27, 1992 - Dr. Mark Hutto of Atlanta, Georgia.
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 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.
The Speaker has appointed on the part of the House, Representatives Thomas of the 69th, Chambless of the 133rd and Pettit of the 19th.
The House has passed by the requisite constitutional majority the following bills of the Senate:
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 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.

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SB 552. By Senators Perry of the 7th, Echols of the 6th and Ray of the 19th: 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.
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.
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 House has adopted by the requisite constitutional majority the following resolu tions of the Senate:
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 366. By Senator Hasty of the 51st: A resolutiqn designating the Ben Jess Logan, Sr., Memorial Bridge.
The House has adopted by the requisite constitutional majority the following resolution of the House:
HR 1170. By Representatives Jackson of the 9th, Murphy of the 18th, Jamieson of the llth, Porter of the 119th, Parham of the 105th and others: A resolution urging the United States Secretary of Transportation to grant a. waiver or an extension of the final date by which all persons operating commer cial vehicles must possess a commercial driver's license.
The House has agreed to the Senate amendment, to the House substitute, to the follow ing bill 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.
The House has agreed to the Senate substitutes to 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

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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.
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 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 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.
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.
The House has agreed to the Senate amendment to the following bill of the House:
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.
The House has adopted the report of the Committee of Conference on 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 reports of standing committees were read by the Secretary:
Mr. President:
The Committee on Rules has had under consideration the following resolution of the House and has instructed me to report the same back to the Senate with the following recommendation:
HR 789. Do pass. Respectfully submitted, Senator Dean of the 31st District, Chairman

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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 1537. Do pass as amended.
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 868. Do pass.

HB 2111. Do pass.

HB 1045. Do pass.

HB 2125. Do pass.

HB 1786. Do pass.

HB 2103. Do pass.

HB 1787. Do pass.

HB 2127. Do pass.

HB 2031. Do pass.

HB 2150. Do pass.

HB 2069. Do pass by substitute.

HB 2152. Do pass.

HB 2092. Do pass.

HB 2049. Do pass by substitute.

HB 2096. Do pass.

HB 2099. Do pass by substitute.

HB 2100. Do pass as amended.

HB 2115. Do pass.

HB 2101. Do pass.

HB 2122. Do pass.

HB 2104. Do pass.

HB 2123. Do pass.

HB 2106. Do pass.

HB 2133. Do pass as amended.

HB 2107. Do pass.

HB 2137. Do pass as amended.

HB 2108. Do pass.

HB 2138. Do pass as amended.

HB 2110. Do pass.

HB 2139. 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 2140. Do pass.

HB 2160. Do pass.

HB 2141. HB 2142. HB 2147. HB 2155. HB 2156.

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

HB 2098. HB 2102. HB 2112. HB 2135.

Do pass. Do pass as amended. Do pass as amended. Do pass.

HB 2159. Do pass.

HB 2126. Do pass.

Respectfully submitted,

Senator Harris of the 27th District, Chairman

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

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.

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.

The President called for the morning roll call, and the following Senators answered to their names:

Albert Bishop Bowen Broun of 46th Brown of 26th Burton Clay CCoollelimnsan
Dawkins Deal
Dean Echols Edge Egan

English Garner Gillis Hammill Harris Henson Huggins JKoihdndson
Langford Marable
Moye Newbill Perdue Perry

Those not answering were Senators:

Phillips Pollard Ramsey Ray Robinson Scott Starr 0Stem. b, erg
Thompson Timmons
Turner Tysinger Walker of 43rd White

Alien Baldwin Foster Hasty

Hill Hooks Ragan of 10th Ragan of 32nd

Shumake Tate Taylor Walker of 22nd

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, Reverend Robert Berrier, pastor of Tucker United Methodist Church, Tucker, Georgia, who offered scripture reading and prayer.

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The following communication from Honorable Max Cleland, Secretary of State, was received and read by the Secretary:

March 27, 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 27, 1992. It contains the Docket Numbers 1600 through 1601. We have voided 0 entries, leaving a total 2 registered this week. We have 1232 total registered.
Most Sincerely,
/s/ 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 those persons who have registered in the Docket of Legislative Appearances as of March 27, 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 27th 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

Envirotech Waste ANS Recycling Incorporated John Lancaster 3651 Cherokee Road, N.W. Acworth, Georgia 30101 (404) 975-3333
Georgia Recycling Association Incorporated John Lancaster 3651 Cherokee Road, N.W. Acworth, Georgia 30101 (404) 975-3333
Independent Hauler Association, Inc. John Lancaster 3651 Cherokee Road, N.W. Acworth, Georgia 30101 (404) 975-3333

National Solid Waste Management Association John Lancaster 3651 Cherokee Road, N.W. Acworth, Georgia 30101 (404) 975-3333
Roosevelt Warm Springs Institute of Rehabilitation G. Glenn Miller 2275 Hwy 85 South Fayetteville, Georgia 30214 (404) 599-6419

The following resolution of the Senate, having been withdrawn from the Senate Com mittee on Insurance and Labor on March 24 and committed to the Senate Committee on

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Governmental Operations, and favorably reported by the committee, was put upon its adoption:
SR 551. By Senators Hooks of the 14th, Scott of the 36th, Thompson of the 33rd and others: A resolution urging the American Association of Toy Manufacturers to encourage the industry to exercise responsible leadership in the design and marketing of toys.
The resolution was adopted.
The following resolutions of the Senate and House were read and adopted:
SR 577. By Senator Perdue of the 18th: A resolution recognizing and commending Chapter No. 1952 of the American As sociation of Retired Persons.
SR 587. By Senators Henson of the 55th and Ramsey of the 54th: A resolution urging the Congress of the United States to amend statutes limiting income to be received yearly by recipients of Social Security payment so as to increase taxable income and to remedy thereby part of the shortfall of income for state governments.
SR 588. By Senators Foster of the 50th, Johnson of the 47th, Robinson of the 16th and others: A resolution recognizing and honoring Honorable J. Nathan Deal.
SR 589. By Senator Hill of the 4th: A resolution commending and recognizing TAM Industries of Tattnall County.
SR 590. By Senators Hill of the 4th, Taylor of the 12th and Hooks of the 14th: A resolution creating the Senate Rural Hospital and Health Care Study Committee.
SR 591. By Senator Kidd of the 25th: A resolution commending Robert O. Van Norte.
SR 592. By Senators Bishop of the 15th and Robinson of the 16th: A resolution honoring Mary Lee Bussey.
SR 593. By Senator Ramsey of the 54th: A resolution commending and recognizing Cadet First Sergeant D. Kelly Swanson.
SR 594. By Senator Dean of the 31st: A resolution commending the Cartersville/Bartow County Chamber of Commerce.

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SR 595. By Senator Dean of the 31st: A resolution commending the Paulding County Chamber of Commerce.
SR 596. By Senators Hill of the 4th and Hammill of the 3rd: A resolution expressing condolences relative to the passing of William Robert Rushing.
SR 597. By Senator Walker of the 43rd: A resolution commending The Tanner Group.
SR 598. By Senators Taylor of the 12th, Johnson of the 47th, Deal of the 49th and others: A resolution commending Marsha Taylor Harris.
SR 599. By Senators Taylor of the 12th, Johnson of the 47th, Deal of the 49th and others: A resolution commending Reverend Johnny L. Leggett.
HR 1170. By Representatives Jackson of the 9th, Murphy of the 18th, Jamieson of the llth and others: A resolution urging the United States Secretary of Transportation to grant a waiver or an extension of the final date by which all persons operating commer cial vehicles must possess a commercial driver's license.
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has disagreed to the Senate substitutes to the following bills of the House:
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.
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 30, 1992
THIRTY-NINTH LEGISLATIVE DAY (The names listed with each bill are the Senators whose districts are affected by the legislation.)
SB 868 Moye, 34th FAYETTE COUNTY A bill to amend an Act creating a Board of Commissioners for Fayette County, approved March 9, 1959 (Ga. L. 1959, p. 2431), as amended, so as to change the provisions relating to districts for elections; to eliminate militia

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districts; to formulate elective posts by voting precincts; to provide an effec tive date; to repeal conflicting laws; and for other purposes.

HB 1045 Harris, 27th MONROE COUNTY
A bill to amend an Act placing the judge of the Probate Court of Monroe County on an annual salary, so as to provide that the probate court judge shall have jurisdiction to try all misdemeanor cases arising in the county where the defendant waives a jury trial and pleads guilty; and for other pur poses.

HB 1786 Ray, 19th WILCOX COUNTY
A bill to amend an Act creating the Board of Commissioners of Wilcox County, so as to change the composition of the commissioner districts; and for other purposes.

HB 1787 Ray, 19th WILCOX COUNTY
A bill to amend an Act providing for the continuing existence of the Wilcox County School District and the Wilcox County board of education, so as to change the composition of the education districts; and for other purposes.

HB 2031 Harris, 27th CRAWFORD COUNTY
A bill to amend an Act creating the Board of Commissioners of Roads and Revenues for Crawford County, so as to reapportion the commissioner dis tricts; and for other purposes.

*HB 2069

Walker, 22nd Albert, 23rd RICHMOND COUNTY
A bill to amend an Act creating the board of commissioners of Richmond County, so as to change the composition of the board; and for other purposes. (SUBSTITUTE)

HB 2092 Edge, 28th SPALDING COUNTY
Collins, 17th BUTTS COUNTY
A bill to amend an Act creating a board of commissioners for the counties of Spalding and Butts, so as to provide for a county manager for Spalding County; and for other purposes.

HB 2096 Foster, 50th DAWSON COUNTY
A bill to amend an Act to provide for an elected Board of Education of Dawson County, so as to provide new education districts; and for other purposes.

*HB 2100

Perdue, 18th TWIGGS COUNTY
A bill to provide a $15,000.00 homestead exemption from certain ad valorem taxes levied by, for, or on behalf of the Twiggs County School District for

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residents of that district who are 62 years of age or older and whose net in come does not exceed $15,000; and for other purposes. (AMENDMENT)
HB 2101 Baldwin, 29th HEARD COUNTY
A bill to provide for homestead exemptions from Heard County ad valorem taxes for county purposes and from Heard County School District ad valorem taxes for educational purposes for certain residents of that county and school district; and for other purposes.
HB 2104 Harris, 27th UPSON COUNTY
A bill to provide that the homestead, not to exceed $15,000.00 of the value thereof, of each resident of the Thomaston-Upson County School District who is 62 years of age or over and who does not have an income from all sources, including the income from all sources of all members of the family residing within said homestead, exceeding $15,000.00 per annum, shall be ex empt from all ad valorem taxation for educational purposes; and for other purposes.
HB 2106 Turner, 8th LOWNDES COUNTY
A bill to provide for the number of members and for the election of members of the Board of Education of Lowndes County; to provide for education dis tricts; and for other purposes.
HB 2107 Turner, 8th CITY OF VALDOSTA
A bill to amend an Act which provides for the establishment of a public school system for the City of Valdosta, so as to change certain provisions relative to the election and terms of said members; and for other purposes.
HB 2108 Edge, 28th COWETA COUNTY
A bill to amend an Act creating a Board of Commissioners of Coweta County, so as to provide for the compensation of the members of the board of com missioners; and for other purposes.
HB 2110 Taylor, 12th DOUGHERTY COUNTY
A bill to amend an Act creating a board of commissioners of Dougherty County, so as to change the commission districts; and for other purposes.
HB 2111 Taylor, 12th DOUGHERTY COUNTY
A bill to amend an Act creating the Dougherty County School System, so as to change the education districts; and for other purposes.
HB 2125 Timmons, llth CALHOUN COUNTY
A bill to provide education districts for the Calhoun County Board of Educa tion; and for other purposes.

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HB 2103 Hasty, 51st CITY OF WALESKA
A bill to provide a new charter for the City of Waleska; and for other pur poses.

HB 2127 Newbill, 56th CITY OF ALPHARETTA
A bill to provide for the creation of one or more community improvement districts in the City of Alpharetta; and for other purposes.

HB 2150 Kidd, 25th JONES COUNTY
A bill to amend an Act creating a Board of Commissioners of Jones County, so as to provide for the election of members of the board; and for other pur poses.

HB 2152 Baldwin, 29th Garner, 30th CARROLL COUNTY
A bill to provide for homestead exemptions from Carroll County ad valorem taxes for county purposes and for educational purposes for certain residents of that county and school district; and for other purposes.

*HB 2049

Phillips, 9th White, 48th GWINNETT COUNTY
A bill to amend an Act creating the board of commissioners of Gwinnett County, so as to reapportion the commissioner districts; and for other pur poses. (SUBSTITUTE)

*HB 2099

Timmons, llth CLAY COUNTY
A bill to amend an Act creating a board of commissioners of Clay County, so as to provide new commissioner districts; and for other purposes. (SUBSTI TUTE)

HB 2115 Kidd, 25th JASPER COUNTY
A bill to provide a homestead exemption from certain Jasper County ad valorem taxes for county purposes in the amount of $2,000.00 of the assessed value of that homestead for certain residents of that county; and for other purposes.

HB 2122 Foster, 50th CITY OF SKY VALLEY
A bill to amend an Act providing for a $10,000.00 homestead exemption from all City of Sky Valley ad valorem taxes for residents of that city, so as to increase the amount of said homestead exemption; and for other purposes.

HB 2123 Marable, 52nd CITY OF ROME
A bill to amend an Act providing for a homestead exemption from ad valorem taxes of the City of Rome independent school district for certain

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residents of that school district, so as to change the amount of the exemption; and for other purposes.

*HB 2133

Baldwin, 29th Garner, 30th CARROLL COUNTY
A bill to amend an Act establishing the State Court of Carroll County, so as to change the compensation of the solicitor; and for other purposes. (AMENDMENT)

*HB 2137

Ray, 19th COFFEE COUNTY
A bill to amend an Act establishing the office of commissioner of Roads and Revenues in the County of Coffee, so as to reapportion the commissioner dis tricts; and for other purposes. (AMENDMENT)

*HB 2138

Ray, 19th COFFEE COUNTY
A bill to amend an Act establishing a board of education of Coffee County, so as to reapportion the education districts; and for other purposes. (AMEND MENT)

HB 2139 Perdue, 18th TWIGGS COUNTY
A bill to amend an Act creating a Board of Commissioners of Twiggs County, so as to provide for the election of members of the board; and for other pur poses.

HB 2140 Edge, 28th SPALDING COUNTY
A bill to further define, prescribe, and enlarge the powers and duties of the Griffin-Spalding County Development Authority and further to regulate the management and conduct; and for other purposes.

HB 2141 Johnson, 47th HART COUNTY
A bill to create the Hart County Water and Sewer Utility Authority; and for other purposes.

HB 2142 Echols, 6th Gillis, 20th APPLING COUNTY
A bill to provide a method of appointment for members of the Baxley Appling County Hospital Authority; and for other purposes.

HB 2147 White, 48th GWINNETT COUNTY
A bill to amend an Act creating a new charter for the City of Buford, so as to change the corporate limits of the city; and for other purposes.

HB 2155 Ray, 19th CITY OF EASTMAN
A bill to amend an Act providing a new charter for the City of Eastman, so as

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to extend and increase the corporate limits of the City of Eastman; and for other purposes.

HB 2156 Timmons, llth CALHOUN COUNTY
A bill to amend an Act entitled "An Act to increase the number of commis sioners of roads and revenues for the county of Calhoun from three to five," so as to provide new commissioner districts; and for other purposes.

HB 2159 Perdue, 18th CITY OF WARNER ROBINS
A bill to amend an Act providing a new charter for the City of Warner Rob ins in Houston County, so as to provide for the inclusion of certain property within the corporate limits of said city; and for other purposes.

HB 2160 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 amend provisions relating to county purchases; and for other pur poses.

HB 2098 Hooks, 14th TERRELL COUNTY
A bill to amend an Act to create a board of commissioners of roads and reve nues for Terrell County, so as to provide new commissioner districts; and for other purposes.

*HB 2102

Kidd, 25th MORGAN COUNTY
A bill to provide a new charter for the City of Rutledge; and for other pur poses. (AMENDMENT)

*HB 2112

Edge, 28th SPALDING COUNTY
A bill to amend an Act creating the Griffin-Spalding County School System, so as to change the description of the districts from which are elected mem bers of the Griffin-Spalding County Board of Education; and for other pur poses. (AMENDMENT)

HB 2135 Hooks, 14th CITY OF ELLAVILLE
A bill to provide a new charter for the City of Ellaville; and for other pur poses.

HB 2126 Langford, 35th CITY OF EAST POINT
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; and for other purposes.

The amendments and substitutes to the following bills were put upon their adoption:

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*HB 2049:
The Senate Committee on Urban and County Affairs offered the following substitute to HB 2049:
A BILL
To be entitled an Act to amend an Act creating the board of commissioners of Gwinnett County, approved January 31, 1968 (Ga. L. 1968, p. 2003), as amended, particularly by an Act approved March 24, 1988 (Ga. L. 1988, p. 4658), and particularly by an Act approved March 30, 1989 (Ga. L. 1989, p. 4691), so as to reapportion the commissioner districts; to provide for definitions and insertions; to provide that all members of the board shall com plete the terms for which they were elected; to provide for related matters; to provide for effective dates; to provide for submission of this Act to the United States Attorney General; to repeal this Act in the event of a certain contingency; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act creating the board of commissioners of Gwinnett County, approved January 31, 1968 (Ga. L. 1968, p. 2003), as amended, particularly by an Act approved March 24, 1988 (Ga. L. 1988, p. 4658), and particularly by an Act approved March 30, 1989 (Ga. L. 1989, p. 4691), is amended by striking in its entirety Section 3 and inserting a new section to read as follows:
"Section 3. (a) The board of commissioners of Gwinnett County shall consist of four members and a chairperson. The chairperson shall be elected by the qualified voters of the entire county and may reside in any district in Gwinnett County, but each other candidate for membership on the board shall be a resident of the commissioner district created by this section which he or she offers to represent and shall be elected by the qualified voters of such district. The chairperson and members of the board of commissioners shall be elected by a majority vote.
(b) For the purpose of electing members of the board of commissioners, Gwinnett County is divided into four commissioner districts as follows:
Commissioner District: 1
GWINNETT COUNTY VTD: 0017 1564 VTD: 0018 1263A VTD: 0019 1263B VTD: 0020 1749 VTD: 0024 404A VTD: 0025 478 VTD: 0026 444A VTD: 0027 444B VTD: 0030 407C (Part) Tract: 0505.03 Block(s): 119, 123, 124, 141, 176, 177, 178, 179, 180, 181, 182, 184, 185, 186, 189, 190 VTD: 0044 1397 VTD: 0046 1587 VTD: 0047 550A VTD: 0048 550B VTD: 0049 1604 VTD: 0052 1263C VTD: 0053 1263D VTD: 0062 550C VTD: 0063 550D

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VTD: 0067 404B (Part) Tract: 0505.02 Block(s): 105 Tract: 0505.03 Block(s): 113, 114, 115, 116A, 116B, 116C, 117, 120, 121, 122
VTD: 0069 544E VTD: 0074 404C
Commissioner District: 2
GWINNETT COUNTY VTD: 0004 405B VTD: 0009 405G (Part) Tract: 0504.12 Block(s): 801 VTD: 0034 406A VTD: 0035 406B (Part) Tract: 0504.07 Block(s): 101, 102, 103, 104, 105, 203, 205, 206, 207, 212 Tract: 0504.08 Block(s): 103, 104, 105, 106, 107, 108 VTD: 0036 406C VTD: 0037 406D VTD: 0038 406E VTD: 0039 406F VTD: 0040 406G VTD: 0041 406H VTD: 0042 4061 VTD: 0043 406J VTD: 0050 405H VTD: 0058 406L VTD: 0059 406M VTD: 0060 406N VTD: 0061 4060 VTD: 0064 4051 VTD: 0070 406P VTD: 0071 406Q
Commissioner District: 3
GWINNETT COUNTY VTD: 0001 1295A VTD: 0002 1295B VTD: 0009 405G (Part) Tract: 0504.12 Block(s): 306, 307, 308, 601, 602, 603, 701, 702, 703, 704, 705, 706, 802, 803, 804, 901, 902, 903, 904, 905, 906 VTD: 0010 408A 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: 0045 571A VTD: 0051 408H VTD: 0054 1578D

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VTD: 0065 4081 VTD: 0066 408J VTD: 0068 407F (Part)
Tract: 0507.05 Block(s): 118, 160A, 160C
VTD: 0072 571C VTD: 0076 571D VTD: 0077 571B
Commissioner District: 4
GWINNETT COUNTY VTD: 0003 405A VTD: 0005 405C VTD: 0006 405D VTD: 0007 405E VTD: 0008 405F VTD: 0011 408B VTD: 0028 407A VTD: 0029 407B VTD: 0030 407C (Part) Tract: 0505.03 Block(s): 138, 139, 142, 143, 144, 147, 148, 149, 150, 151, 152, 153, 154, 155, 162, 163, 164, 165, 166, 168, 169, 170, 171, 172, 173, 174, 175, 183, 201, 202, 203, 204, 205B, 207, 208, 209, 210, 212C, 213, 214B, 215B, 215C, 216, 220B, 221B, 221C, 222, 225B Tract: 0505.09 Block(s): 201B VTD: 0031 544A VTD: 0032 544B VTD: 0033 544C VTD: 0035 406B (Part) Tract: 0504.07 Block(s): 201, 202, 204, 208, 209, 210, 211 VTD: 0055 407D (Part) Tract: 0505.03 Block(s): 205A, 206, 212A, 212B, 214A, 215A, 217A, 217B, 217C, 217D, 218, 219A, 219B, 219C, 220A, 221A, 221D, 225A Tract: 0505.08 Block(s): 201, 202, 203, 204, 205A, 205B, 205C, 206A, 206B, 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 Tract: 0505.09 Block(s): 201A, 201C, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222 VTD: 0056 407E VTD: 0057 406K VTD: 0067 404B (Part) Tract: 0505.02 Block(s): 106, 117 Tract: 0505.03 Block(s): 118, 187, 188 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,

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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: 0073 408K VTD: 0075 406R VTD: 0078 544D
(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 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 Gwinnett County which is not included in any commissioner district described 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 cen sus of 1990 for the State of Georgia; and
(5) Any part of Gwinnett 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.
(d) Notwithstanding those changes in descriptions of commissioner districts which be come effective at the same time this section becomes effective and notwithstanding the dis trict residency requirement for candidates in subsection (a) of this section, members of the board serving on the effective date of this Act shall complete the term for which they were elected and until their successors are elected and qualified.
(e) Effective on the first Monday in January, 1993, the members of the board represent ing Commissioner Districts 2 and 4 in accordance with the commissioner districts which become effective in 1993 shall be the former members of the board of commissioners repre senting Commissioner Districts 2 and 4 who were elected at the general election in 1990 under previously existing provisions of this Act, and said members of the board of commis sioners so elected shall serve for the terms of office to which they were elected, which shall expire on December 31, 1994, and until their successors are elected and qualified. Their successors shall be elected at the general election of 1994 and shall take office on the first Monday in January, 1995, for terms of four years and until their successors are elected and qualified.
(f) The chairperson and members representing Commissioner Districts 1 and 3 shall be elected at the general election of 1992 and shall take office on January 1, 1993, for terms of four years and until their successors are elected and qualified.
(g) Successors to the chairperson and members elected under subsections (e) and (f) and future successors shall be elected at the general election immediately preceding the expiration of the respective terms of office and shall take office on the first day in January

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immediately following their election for terms of four years and until their successors are elected and qualified.
(h) All elections under this Act shall be held in accordance with Chapter 2 of Title 21 of the O.C.G.A., the 'Georgia Election Code.' "
Section 2. 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 commissioners of Gwinnett 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, implementa tion 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 3. Except for the provisions of this Act relating to and necessary for the election of the members of the board of commissioners of Gwinnett County in 1992, the provisions of this Act shall become effective January 1, 1993. The provisions of this Act relating to and necessary for the election of said members of the board of commissioners shall become effec tive 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 51, nays 0, and the substitute was adopted.
*HB 2069:
The Senate Committee on Urban and County Affairs offered the following substitute to HB 2069:
A BILL
To be entitled an Act to amend an Act creating the Board of Commissioners of Rich mond County, approved August 19, 1907 (Ga. L. 1907, p. 324), as amended, particularly by an Act approved March 14, 1984 (Ga. L. 1984, p. 4245), so as to reapportion the commis sioner districts for the election of members of the board of commissioners; to provide for elections pursuant to such reapportionment of districts; to provide for definitions; to pro vide for terms of office and limitations thereon; to provide for procedures; to provide for a statement of policy of the board of commissioners; to provide for powers and duties of the board of commissioners; to provide for equal opportunity for employment, promotion, and appointment; to provide for an equal opportunity director and a director of minority busi ness opportunities; to provide for staff and their duties; to provide for the submission of this Act to the United States Attorney General; to provide for the automatic repeal of this Act if its implementation is not permissible under the federal Voting Rights Act of 1965, as amended, as of a certain date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act creating the Board of Commissioners of Richmond County, approved August 19, 1907 (Ga. L. 1907, p. 324), as amended, particularly by an Act approved March 14, 1984 (Ga. L. 1984, p. 4245), is amended by striking subsection (b) of Section 1 of said Act and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) For the purpose of electing members of the Board of Commissioners of Richmond County, Richmond County is divided into six commissioner districts as follows:
Commissioner District: 1
RICHMOND COUNTY VTD: 0001 1 (Part) Tract: 0006. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 216, 217, 218, 219, 220, 221

2888

JOURNAL OF THE SENATE

VTD: 0002 1A VTD: 0004 2A VTD: 0012 5 VTD: 0013 5A VTD: 0019 7 (Part)
Tract: 0001. Block(s): 206, 207, 208, 209, 210, 211, 212, 301, 302, 303, 304, 305, 409, 410, 411, 412, 413
Tract: 0011. Block(s): 104, 105, 209, 210, 211, 212, 213, 214, 215, 216, 217, 301, 302, 303, 310, 311, 312, 315
VTD: 0020 7A (Part) Tract: 0001. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 115, 306, 307, 308, 309, 310, 311, 401, 402, 404, 405, 407, 416, 417, 503, 504, 510, 513, 514A, 514B, 514C, 517, 522 Tract: 0002. Block(s): 214, 401, 402, 403, 404, 405, 408, 409, 412, 413, 501, 504
VTD: 0037 87-1 VTD: 0038 87-2 VTD: 0056 90-1 VTD: 0057 90-2
Commissioner District: 2
RICHMOND COUNTY VTD: 0005 3 (Part) Tract: 0010. Block(s): 122, 201, 202, 203, 204, 205, 206, 207, 208, 209, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 406, 415, 416, 417, 418, 419, 420, 422, 423, 428, 429, 430, 431, 432, 433, 434, 435, 436, 437, 438, 439, 440, 441, 442, 444 VTD: 0015 6 VTD: 0019 7 (Part) Tract: 0001. Block(s): 201, 202, 203, 204, 205, 213 Tract: 0002. Block(s): 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311 Tract: 0011. Block(s): 101, 102, 103 VTD: 0021 8 VTD: 0022 8A VTD: 0023 8B (Part) Tract: 0016. Block(s): 214, 901A VTD: 0024 8C (Part) Tract: 0012. Block(s): 403, 406 Tract: 0016. Block(s): 210, 211 VTD: 0046 89-1 (Part) Tract: 0105.04 Block(s): 101A, 101B, 101C, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120A, 120B, 121, 122A, 122B, 123, 126, 127, 901, 902, 903, 904, 905, 906, 907, 908, 909, 911, 915, 916, 917, 918, 919, 920, 921, 922, 923, 924, 925, 926, 932, 933, 940 VTD: 0052 89-7 (Part) Tract: 0105.07 Block(s): 301, 302, 313, 314, 412, 413, 414, 415, 418

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VXD: 0055 89-10 VTD: 0058 90-3 (Part)
Tract: 0102.03 Block(s): 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 501, 502, 503A, 503B, 504, 505, 506, 507, 508, 509, 510, 601A, 601B, 602, 603, 604, 605, 606, 607, 608, 609, 610, 611A, 611B, 612, 613, 614
Tract: 0102.04 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, 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, 249, 250, 251, 601, 602, 603
Tract: 0108. Block(s): 903, 904, 905
VTD: 0059 90-4 VTD: 0060 90-5 (Part)
Tract: 0016. Block(s): 301, 317, 318, 324, 327, 501, 502, 515, 516, 517, 901C
Tract: 0101.05 Block(s): 525, 526, 527, 528, 529, 530, 531, 532
Tract: 0102.01 Block(s): 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 426, 430, 431
Tract: 0102.03 Block(s): 401, 402, 403
Tract: 0102.04 Block(s): 701, 702, 703, 704, 705, 706, 707, 708, 709, 710, 711, 901, 902, 903, 904, 905
VTD: 0066 FG4
Commissioner District: 3
RICHMOND COUNTY 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): 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 114, 115, 118, 119, 120, 121, 122, 123, 124, 901, 902 VTD: 0028 85-3 (Part) Tract: 0105.06 Block(s): 202, 226, 614, 621 VTD: 0029 86-1 VTD: 0031 86-3 VTD: 0032 86-4 (Part) Tract: 0107.04 Block(s): 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, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147 VTD: 0033 86-5 VTD: 0034 86-6 (Part) Tract: 0109.02 Block(s): 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312,

2890

JOURNAL OF THE SENATE

313, 314, 315, 316, 317, 318, 416, 420, 421, 426, 427, 430, 431, 432, 445, 446, 447, 448, 449, 450, 451, 452, 453, 454, 455, 473, 474, 475, 476, 477, 478, 479, 480, 481, 482, 483, 486, 487, 488, 489, 490, 491, 492, 493, 494, 495, 496, 497 VTD: 0035 86-7 VTD: 0048 89-3 VTD: 0050 89-5 VTD: 0058 90-3 (Part) Tract: 0102.04 Block(s): 243, 244, 245, 246, 247, 248, 301, 302, 303, 304, 305, 306 Tract: 0108. Block(s): 908, 909, 910 VTD: 0067 FG5
Commissioner District: 4
RICHMOND COUNTY VTD: 0032 86-4 (Part) Tract: 0107.03 Block(s): 103, 104, 105, 106, 107, 108, 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 Tract: 0107.04 Block(s): 101, 102, 103, 134, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163 Tract: 0108. Block(s): 901F VTD: 0043 88-5 (Part) Tract: 0105.07 Block(s): 416, 422 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 FGl VTD: 0064 FG2 VTD: 0068 FG6
Commissioner District: 5
RICHMOND COUNTY VTD: 0005 3 (Part) Tract: 0009. Block(s): 602, 606, 607, 608, 609, 610, 612, 613 VTD: 0006 3A VTD: 0007 3B VTD: 0009 4A VTD: 0010 4B VTD: 0011 4C VTD: 0014 5B VTD: 0016 6A VTD: 0017 6B VTD: 0018 6C VTD: 0023 8B (Part) Tract: 0016. Block(s): 503A, 601, 602, 603, 604, 605A, 902, 903A, 904, 905A VTD: 0024 8C (Part)

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2891

Tract: 0012. Block(s): 401, 404, 405
Tract: 0016. Block(s): 903B, 911A, 912
VTD: 0027 85-2 (Part) Tract: 0105.08 Block(s): 101, 102, 123, 124 Tract: 0105.10 Block(s): 101
VTD: 0028 85-3 (Part) Tract: 0105.06 Block(s): 201, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 601, 602, 603, 604, 605, 606, 607, 608, 609, 610, 611, 612, 613, 615, 617, 618, 619, 620, 622, 623, 624
VTD: 0040 88-2 VTD: 0041 88-3 VTD: 0042 88-4 VTD: 0043 88-5 (Part)
Tract: 0105.07 Block(s): 303, 310, 311, 312, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 417, 419, 420, 421, 423, 424, 425, 426, 427, 501, 502, 503, 504, 505, 506, 507, 508, 521, 522
VTD: 0044 88-6 VTD: 0045 88-7 VTD: 0047 89-2 VTD: 0052 89-7 (Part)
Tract: 0105.07 Block(s): 304, 305, 306, 307, 308, 309
VTD: 0060 90-5 (Part) Tract: 0016. Block(s): 503B, 504, 513, 901B
Commissioner District: 6
RICHMOND COUNTY VTD: 0001 1 (Part) Tract: 0006.
Block(s): 301, 302, 303, 304, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 403, 404, 405, 406, 407, 408, 409, 410, 411, 504, 505, 508, 509, 510, 511, 513, 514, 515, 516, 517
Tract: 0106. Block(s): 101A, 119A, 205A, 206, 314, 315, 316, 317, 318, 319, 320A, 320B, 322
VTD: 0003 2 VTD: 0008 4 VTD: 0026 85-1 VTD: 0027 85-2 (Part)
Tract: 0105.11 Block(s): 201, 313, 314, 315, 316, 317, 318, 319, 320, 327, 328, 901, 902, 903, 904, 905, 906, 907, 908, 909, 910, 911, 912, 913, 914, 915, 916, 917
VTD: 0030 86-2 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, 133, 134, 135, 136, 137, 138, 201, 202, 203, 204, 225, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 417, 418, 419, 422, 423, 424, 425, 428, 429, 433, 434, 435, 436, 437, 438, 439, 440, 441, 442, 443, 444, 456, 457, 458, 459, 460, 461, 462, 463, 464, 465, 466, 467, 468, 469, 470, 471, 472, 484, 485

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VTD: 0036 86-8 VTD: 0039 88-1
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) Whenever the description of any commissioner district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census map 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 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;
(5) Any part of Richmond County which is not included in any commissioner district described 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 cen sus of 1990 for the State of Georgia; and
(6) Any part of Richmond 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 adding to Section 1 of said Act a new subsec tion (f.l) to read as follows:
"(f.l) All members of the Board of Commissioners of Richmond County who were in office on February 1, 1992, shall serve for the remainder of their unexpired terms for which they were elected. Successors to such members shall be elected as provided in this section from the commissioner districts as reapportioned in 1992. No member elected in 1992 or thereafter shall be eligible to serve more than two four-year terms of office."
Section 3. Said Act is further amended by adding a new Section 1.1 to read as follows:
"Section 1.1. (a) It shall be the policy of the board of commissioners that all citizens shall have equal opportunity for employment, promotion, and appointment by the board of commissioners. It shall further be the express policy of the board of commissioners that all persons shall have equal opportunity for conducting business with the board of commission ers to the greatest extent possible.
(b) In furtherance of the policies stated in subsection (a) of this section, the board of commissioners shall employ a person to serve as equal employment opportunity director and a person to serve as director of minority business opportunities. These positions shall have such staff and duties as the board of commissioners may from time to time determine, and the duties of such persons shall include the following:
(1) To advise the board of commissioners and its officers of the need for minority ap pointments to boards, commissions, and authorities and the availability of qualified minor ity citizens to serve;
(2) To advise the board of commissioners and its officers on ways and means to promote

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and increase business relations between the board of commissioners and minority owned firms and businesses; and
(3) To advise the board of commissioners on ways and means to promote minority busi ness opportunities within the jurisdiction of the board of commissioners and to implement such programs as the board of commissioners may adopt to promote minority business opportunities."
Section 4. (a) It shall be the duty of the attorney of the Board of Commissioners of Richmond County to submit this Act to the United States Attorney General for review under the federal Voting Rights Act of 1965, as amended; and it shall be the duty of the Board of Commissioners of Richmond County to direct and ensure that such submission is made by the board's attorney or some other attorney if the board's attorney fails to act. It shall be the duty of the board of commissioners and the board's attorney to ensure that such submission has been completed not later than 30 days after the Governor approves this Act or it becomes law without such approval and to ensure that such submission contains all materials necessary or appropriate to a prompt and favorable ruling on this Act by the Attorney General.
(b) If, as of the first date upon which candidates may begin qualifying for nomination as candidates for members on the Board of Commissioners of Richmond County in the gen eral 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 51, nays 0, and the substitute was adopted.
*HB 2099:
The Senate Committee on Urban and County Affairs offered the following substitute to HB 2099:
A BILL
To be entitled an Act to amend an Act creating a board of commissioners of Clay County, approved February 16, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2326), as amended, particularly by an Act approved March 14, 1983 (Ga. L. 1983, p. 3785), so as to provide new commissioner districts; to provide for definitions and inclusions; to provide for the submis sion of this Act to the United States Attorney General and conditions for automatic 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 of Clay County, approved Febru ary 16, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2326), as amended, particularly by an Act approved March 14, 1983 (Ga. L. 1983, p. 3785), is amended by striking in its entirety Sec tion 1 and inserting in lieu thereof the following:
"Section 1. (a) For the purpose of electing members of the board of commissioners, Clay County is divided into five commissioner districts as follows:
Commissioner District: 1
CLAY COUNTY VTD: 0001 PRECINCT 1 VTD: 0002 PRECINCT 2, 3, AND 4 (Part) Tract: 9601. Block(s): 201, 202, 271 Tract: 9602.

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JOURNAL OF THE SENATE

Block(s): 111, 112, 113, 114, 134, 135, 136, 137, 138, 151, 152, 153, 154, 155, 158
Commissioner District: 2
CLAY COUNTY VTD: 0002 PRECINCT 2, 3, AND 4 (Part) Tract: 9601. Block(s): 155B, 156, 157, 172, 173, 174, 175, 203, 204, 205, 206, 207, 208, 209, 210B, 211, 212, 213A, 213B, 262B, 263B, 264, 265, 266, 267, 268, 269, 270, 272, 273, 274, 275, 276, 277, 278, 279, 280, 281 Tract: 9602. Block(s): 105, 106, 107, 108, 109, 110, 115, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 195, 196, 197
Commissioner District: 3
CLAY COUNTY VTD: 0002 PRECINCT 2, 3, AND 4 (Part) Tract: 9601. Block(s): 170, 171, 210A, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262A, 263A
Commissioner District: 4
CLAY COUNTY VTD: 0002 PRECINCT 2, 3, AND 4 (Part) Tract: 9601. Block(s): 111, 112, 113, 127A, 145, 146A, 146B, 147, 148, 150A, 150B, 151, 152, 153A, 153B, 154A, 154B, 155A, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 214, 229 VTD: 0005 PRECINCT 5 (Part) Tract: 9601. Block(s): 108, 109, 114, 142, 144
Commissioner District: 5
CLAY COUNTY VTD: 0005 PRECINCT 5 (Part) Tract: 9601. Block(s): 101, 102, 103, 104, 105, 106, 107, 110, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127B, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 143, 149, 176, 177, 178, 179, 180, 181, 182, 183, 184, 185, 186, 187, 188, 189, 190, 191, 192, 193, 194, 195, 196, 197
(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 geo graphical 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 Clay County which is not included in any commissioner district de scribed in this section shall be included within that commissioner district contiguous to such

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2895

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 Clay 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. 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 Clay 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 3. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 51, nays 0, and the substitute was adopted.
*HB 2100:
The Senate Committee on Urban and County Affairs offered the following amendment:
Amend HB 2100 by striking from line 6 of page 2 the following: "except for", and inserting in lieu thereof the following: "including".
On the adoption of the amendment, the yeas were 51, nays 0, and the amendment was adopted.
*HB 2102:
The Senate Committee on Urban and County Affairs offered the following amendment:
Amend HB 2102 by striking the comma on line 8 of page 4 following the word "housing".
By striking from line 28 of page 5 the following: "granter", and inserting in lieu thereof the following: "grantor". By striking from line 19 of page 34 the following: "professional", and inserting in lieu thereof the following: "profession".
On the adoption of the amendment, the yeas were 51, nays 0, and the amendment was adopted.

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*HB 2112:
The Senate Committee on Urban and County Affairs offered the following amendment:
Amend HB 2112 by adding on line 8 of page 9 before the word "general" the following: "special election held at the time of the". By striking on line 32 of page 9 the word and symbols "section' " and inserting the following: "section. The provisions of this Act shall not be construed to alter the current method of electing the members of the board of education in nonpartisan elections.'"
On the adoption of the amendment, the yeas were 51, nays 0, and the amendment was adopted.
*HB 2133:
The Senate Committee on Urban and County Affairs offered the following amendment:
Amend HB 2133 by inserting between lines 14 and 15 of page 3 the following: "Section 4. Reserved." By renumbering Section 4 as Section 5.
On the adoption of the amendment, the yeas were 51, nays 0, and the amendment was adopted.
*HB 2137:
The Senate Committee on Urban and County Affairs offered the following amendment:
Amend HB 2137 by striking lines 19 and 20 of page 8 and inserting the following: "special primary to be held on the date of and in conjunction with the general primary election in 1992. Members to represent such". By striking line 4 of page 9 and inserting the following: "the date of and in conjunction with the general primary election in 1992, after issuing the call". By striking on lines 15 and 20 of page 9 the following: "July 1", and inserting the following: "June 15".
On the adoption of the amendment, the yeas were 51, nays 0, and the amendment was adopted.
*HB 2138:
The Senate Committee on Urban and County Affairs offered the following amendment:
Amend HB 2138 by striking lines 10 and 11 of page 8 and inserting the following: "primary to be held on the date of and in conjunction with the general primary election in 1992. Members to represent such".

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2897

By striking line 27 of page 8 and inserting the following: "the date of and in conjunction with the general primary election in 1992, after issuing the call". By striking on lines 5 and 10 of page 9 the following: "July 1", and inserting the following: June 15".

On the adoption of the amendment, the yeas were 51, nays 0, and the amendment was adopted.

The report of the committee, which was favorable to the passage of the bills as re ported, was agreed to.

On the passage of all the bills on the Senate Local Consent Calendar, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert 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 Langford 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 Garner

Scott Shumake

Walker of 22nd

On the passage of all the local bills, the yeas were 51, nays 0.

All the bills on the Senate Local Consent Calendar, except HB 2049, HB 2069, HB 2099, HB 2100, HB 2102, HB 2112, HB 2133, HB 2137 and HB 2138, having received the requisite constitutional majority, were passed.

HB 2049, HB 2069 and HB 2099, having received the requisite constitutional majority, were passed by substitute.

HB 2100, HB 2102, HB 2112, HB 2133, HB 2137 and HB 2138, having received the requisite constitutional majority, were passed as amended.

The following uncontested population bills of the House, favorably reported by the

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committee as listed on the SENATE GENERAL CONSENT CALENDAR FOR POPULA TION BILLS, were put upon their passage:

SENATE GENERAL CONSENT CALENDAR FOR POPULATION BILLS
Monday, March 30, 1992
THIRTY-NINTH LEGISLATIVE DAY

*HB 2015

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 3-3-24.1 of the Official Code of Georgia Anno tated, relating to entry of minors onto the premises of certain businesses en gaged in retail sale of alcoholic beverages, so as to change the population figures describing counties prohibiting the entry of minors onto the premises of certain businesses engaged in the retail sale of alcoholic beverages unless accompanied by the minor's parent or guardian; and for other purposes. (SUBSTITUTE)

HB 1881 Turner, 8th LOWNDES COUNTY
Edge, 28th Garner, 30th CARROLL COUNTY
Albert, 23rd Pollard, 24th COLUMBIA COUNTY
Garner, 30th Moye, 34th DOUGLAS COUNTY
Hasty, 51st Ramsey, 54th WHITFIELD COUNTY
A bill to repeal an Act providing for a board of elections in certain counties; and for other purposes.

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2899

The substitute to the following bill was put upon its adoption: *HB 2015:

The Senate Committee on Urban and County Affairs offered the following substitute to HB 2015:

A BILL
To be entitled an Act 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 references to "minors" to "persons under the age of 18 years"; to change the population figures describing counties prohibiting the entry of persons under the age of 18 years onto the premises of certain businesses engaged in the retail sale of alcoholic beverages unless accompanied by the person's parent or guard ian; to provide that it shall be unlawful for certain persons employed in premises licensed to dispense alcoholic beverages to consume alcoholic beverages; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. 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, is amended by striking subsection (b) in its entirety and inserting a new subsec tion to read as follows:
"(b) In all counties of this state having a population of not less than 360,000 400,000 and not more than 660,000, 600,000 according to the United States decennial census of 1070 1990 or any future such census, no miner person under the age of 18 years shall enter the premises of any business establishment primarily engaged in the retail sale of alcoholic bev erages in unbroken packages unless such mmef person is accompanied by the minor's his or her parent, guardian, or custodian, nor shall any buaincaa establishment primarily engaged ETthc retail aalc of alcoholic beverages in unbroken packages permit any minor to enter ita busincas premises unless auch minor is accompanied by the minor's parent, guardian, or custodian. It shall be unlawful for any person employed or working in any capacity in any premises licensed to dispense alcoholic beverages 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 premises during such person's hours of employment."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

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

The report of the committee, which was favorable to the passage of the bills as re ported, was agreed to.

On the passage of 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 Collins Dawkins Deal Dean Echols

Edge Egan English Foster Garner Gillis Hammill

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Hasty Henson Hill Hoks
J"KoiUhvdgndgsmons Langford Marable Moye

Newbill Perdue Perry ""pPf
PRRaalmglaasnredyof, l1n0,th Ray Robinson Starr

Steinberg Tate Taylor Thompson
Timmons Turner Tysinger Walker of 43rd White

Those not voting were Senators:

Alien Harris

Ragan of 32nd Scott

Shumake Walker of 22nd

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

HB 1881, on the SENATE GENERAL CONSENT CALENDAR FOR POPULATION BILLS, having received the requisite constitutional majority, was passed.

HB 2015, having received the requisite constitutional majority, was passed by substitute.

SENATE RULES CALENDAR
Monday, March 30, 1992
THIRTY-NINTH LEGISLATIVE DAY
HB 1943 Dougherty Judicial Circuit--new third superior court judgeship (Judy--12th) HB 1691 Cruelty to Animals in First Degree--not providing food, water (Ag--21st) HB 1490 Local School Superintendents--certain expense provisions, certification require
ments apply (Substitute) (Ed--50th) HB 1899 Motor Vehicle Insurance--reduce premium for employer courses (Pub S--54th) HB 1812 Local School System Personnel--grievance procedures (Substitute) (Ed--49th) HB 1290 Roofing Contractors--licensing, regulations (Amendments) (Gov Op--30th) HR 1008 J. C. "Jake" Woods Avenue in Trion--designate (Trans--53rd) HB 1974 School Buses--strobe lights (Pub S--47th) HB 1361 Georgia Folk Festival--designate official state folk festival (ED&T--46th) HB 1721 Criminal Procedure--claim by counties of restitution funds (S Judy--24th) HB 1561 Property Tax Return--conditions when deemed returned (F&PU--44th) HB 598 Special Purpose County Sales Tax--issue general obligation debt (F&PU--16th) HB 1598 Child Committed to Department of Human Resources--parents reimburse cer
tain expenses (H&HS--22nd) HB 1753 Teachers Retirement--options when spouse predeceases (Ret--38th) HB 681 Health Care Providers and Facilities--immunity from liability (Substitute)
(S Judy--16th) HB 1640 Unlicensed Personal Care Home--prohibit certain service representations (Sub
stitute) (YA&HE--36th) HB 1979 Employee Injured Line of Duty by Certain Mental Health Patient--benefits
(F&PU--22nd)

MONDAY, MARCH 30, 1992

2901

HB 1997 Nonpublic Postsecondary Education Committee--contract with U.S. Department of Education (Ed--56th)
HB 1194 Milk and Products--fees of Agriculture Commissioner for defraying certain li cense costs (F&PU--20th)
HB 1502 Business Opportunity Sale, Multilevel Companies--change certain terms (Amendment) (I&L--12th)
HB 1324 Bow and Arrow Fishing--requirements (Nat R--20th)
HB 1660 Seafood--possession limits, certain fish (Nat R--3rd)
HB 1312 Aid to Dependent Children--eligibility of preschool children (Amendment) (H&HS--22nd)
HB 1637 Used Motor Vehicle Auctioneer--consumer may recover from certain fund (Sub stitute) (Gov Op--25th)
HB 1573 Board of Nursing Home Administrators--add ex officio member (YA&HE--36th)
HB 1814 Child Custody--relating to notification when one parent moving (Judy--40th)
HB 912 Magistrates--provide new retirement system (Substitute) (Ret--16th)
HB 1169 Biomedical Waste Thermal Treatment Technology Facility--permit (Amend ments) (Nat R--55th)
HB 1977 Juvenile Proceedings--counsel, counseling for child/parent (S Judy--36th)
HB 1667 Property Acquired by City/County for Lake Purposes--disposition (F&PU--20th)
HB 1756 Secondary Metals Recyclers--regulation (I&L--41st)
HB 1796 Firemen's Pension Fund--change tax exemption on certain premiums (Ret--24th)
HB 1068 Mentally 111--provisions on involuntary emergency treatment (Amendment) (H&HS--14th)
HB 1649 Foreign Limited Liability Company--laws governing (Substitute) (Judy--2nd)
HB 1624 Radio Common Carriers--exception to establishing competing radio utility ser vice (Amendments) (I&L--12th)
HB 353 Teachers Retirement--attendance officers as members (Ret--54th)
HB 1347 Health Care Services Provider--certain advertising deceptive (Substitute) (Amendment) (H&HS--22nd)
HB 1860 Professional Services Advertising in Fraudulent Manner--investigate (Gov Op--25th)
HB 1846 Board of Examiners for Certification of Water Treatment Plant Opera tors--members (Gov Op--41st)
HB 1675 Disposition of County Property--highest bidder (F&PU--54th)
HB 1912 Labor and Industrial Relations--regulate labor pools (Substitute) (S Judy--36th)
HB 1539 Public Service Commission--collect fines from unauthorized household goods carriers (F&PU--45th)
HB 332 Sales Tax--exempt certain items paid for by state, federal funds (F&PU--44th)
HB 1198 Grain Dealer's License--fees (Ag--21st)
HB 1460 Heavy-Duty Equipment Used for Construction Purposes--ad valorem taxation (F&PU--16th)
HB 1342 Controlled Substances, Dangerous Drugs--change listing (H&HS--33rd)

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HB 1532 Insurers--may invest in International Finance Corporation obligations (Amend ments) (I&L--22nd)
HB 1277 Paternity Proceedings--certain information admissible (Judy--45th)
HB 494 Certificate of Title--to commissioner of revenue for total loss settlement (Substi tute) (Trans--12th)
HB 1548 Hunting--prohibit hunting wildlife, feral hogs on public roads (Amendment) (Nat R--20th)
HB 1847 Access by Physically Handicapped--certain multifamily dwellings (Amend ments) (H&HS--22nd)
HB 1968 Limitation of Civil Actions--childhold sexual abuse (S Judy--34th)
HB 1097 Multiple-Party Bank Accounts--conditions for establishing trust accounts (Sub stitute) (Judy--29th)
HB 1609 On-Site Sewage Management System--Department of Human Resources adopt minimum standards (H&HS--54th)
HB 1474 Fraudulent Receipt of Rental Property--create (Substitute) (S Judy--16th)
HB 1429 State Tollway Authority--private participation in project financing (Substitute) (F&PU--1st)
HB 1718 State Business License--provide evidence of before local business license issued (U&CA G--27th)
HB 1212 Hotel-Motel Tax--apply to Stone Mountain Association, Jekyll Island Authority (Substitute) (F&PU--54th)
HB 1238 Probate Courts--default judgments (Amendment) (S Judy--16th)
HB 1611 Burial Grounds--relating to private plots (S Judy--36th)
HB 1311 General Assembly Members, Officers--limit air travel reimbursement (Amend ment) (Ethics--31st)
HB 1372 State Election Board--revise certain duties (Substitute) (Gov Op--25th)
HB 666 Development Authorities--maximum number of directors (I&L--16th)
HB 1478 Flashing Blue Light on Certain Vehicles--prohibit device to produce (Pub S--34th)
HB 1450 District Attorneys--employ victim, witness assistance personnel (Judy--29th)
HB 1451 Glynn County Alcoholic Beverage Sunday Sale--change population (Gov Op--3rd)
HB 519 Deliquent Committed to Youth Services Division--periodic reviews (YA&HE--36th)
HB 634 Firemen's Retirement--credit for certain fireman, volunteer service (Ret--38th)
HB 635 Firemen's Retirement--surviving spouse benefits (Ret--38th)
HB 1265 Equines--provide for humane care (Ag--21st)
HB 1109 State Building Erection, Construction--minimum standards (Amendment) (F&PU--41st)
Respectfully submitted,
/s/ Nathan Dean of the 31st, Chairman Senate Rules Committee

MONDAY, MARCH 30, 1992

2903

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

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,
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 Baldwin Bishop Bowen Broun of 46th Brown of 26th B urton
"LC,oo,llyelimnsan Dawkins Deal Dean Echols Edge Egan English

Foster Garner Gillis Hammill Harris Hasty Hill
HT"touuogkgslns *"sn Kldd Langford Marable Moye Newbill Perdue

Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray
S<S-,tt, eair.nrb, erg Tate Taylor Timmons Turner Tysinger Walker of 22nd White

Those not voting were Senators:

Alien Henson Robinson

Scott Shumake

Thompson 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.

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

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.

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JOURNAL OF THE SENATE

The House substitute to SB 545 was as follows:
A BILL
To be entitled an Act 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 preparation of a budget; to provide for the appointment of a multicounty public defender; to provide for staffing of such office; to provide for the defense of indigent persons charged with capital felonies; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 12 of Title 17 of the Official Code of Georgia Annotated, relating to legal defense of indigents, is amended by striking in its entirety subsection (a) of Code Sec tion 17-12-60, relating to the appointment of attorneys for the defense of indigents in capi tal cases, and inserting in lieu thereof the following:
"(a) Except as provided in Article 5 of this chapter, Whenever whenever it appears to the presiding judge of the superior court that a defendant indicted for a capital felony is indigent and unable to pay an attorney for his defense, it shall be the duty of the court to appoint one or more attorneys for the defendant; and each of the attorneys so appointed shall receive a reasonable sum in compensation for his services in the superior court, svtek aum to be not less than $60.00 nor more than $160.00, as determined in the discretion of the court, plus such sums as have been actually and prudently incurred in the necessary prepa ration and investigation of the case; provided, however, that the expenses shall not exceed $600.00. In any case in which a plea of guilty is entered, the court may in its discretion reduce the minimum compensation for acrvicca rendered by each attorney to a sum of not leas than $16.00."
Section 2. Said chapter is further amended by inserting at the end thereof the following:
"ARTICLE 5
17-12-90. As used in this article, the term:
(1) 'Council' means the Georgia Indigent Defense Council created by Article 2 of this chapter.
(2) 'Office' means the office of the multicounty public defender created by this article.
17-12-91. There is created the office of the multicounty public defender to undertake the defense of all indigent persons charged with a capital felony for which the death penalty is being sought in any court in this state. The office shall serve all counties of this state.
17-12-92. The office of the multicounty public defender shall be a legal entity, shall have perpetual existence, may contract, may own property, may accept funds, grants, and gifts from any public or private source, which funds shall be used to defray the expenses incident to implementing its purposes, and may establish a principal office.
17-12-93. The Georgia Indigent Defense Council and the council's director shall be re sponsible for management of the office. Managerial duties shall include, but not be limited to, the following:
(1) Appointment of the multicounty public defender;
(2) Establishing the compensation of the multicounty public defender and the office staff as provided in Code Sections 17-12-95 and 17-12-96;
(3) Approving the level of staffing and establishing policy consistent with the intent of this article; and

MONDAY, MARCH 30, 1992

2905

(4) Preparing an annual budget for the office, and administering the funds made availa ble to the office, and overseeing the expenditure of such funds.
17-12-94. The council and its director shall prepare an annual budget showing all antici pated expenses of the office for the following fiscal year, which shall be the same as the fiscal year of this state. Such budget may be submitted by the multicounty public defender.
17-12-95. (a) The multicounty public defender shall be appointed by and shall serve at the pleasure of the council.
(b) The multicounty public defender must have been duly admitted and licensed to practice law in this state for at least five years, shall have been engaged in the active prac tice of criminal law in this state for not less than three years, and must otherwise be deter mined by the council to be competent to defend a person charged with a capital felony.
(c) No person shall be appointed to the office of multicounty public defender who has been adjudged by any court or disciplinary tribunal of this state or of the United States or any of the several states to have rendered ineffective assistance of counsel to any person charged with a criminal offense.
(d) The multicounty public defender shall be entitled to receive the same compensation and allowances as is provided by law for district attorneys from state funds.
(e) Prior to entering into the duties of said office, the multicounty public defender shall take and subscribe to the oath prescribed by Code Section 45-3-1 and shall further swear or affirm to execute well and faithfully the duties of said office.
(f) The multicounty public defender shall not engage in the private practice of law.
17-12-96. (a) The multicounty public defender may employ, with the advice and con sent of the council, assistant attorneys, clerks, investigators, stenographers, and other per sons as may be necessary to carry out the duties of said office. Any person employed under this Code section serves at the pleasure of the council.
(b) Personnel employed as assistant attorneys, secretaries, or investigators shall meet the same qualifications and shall receive the same compensation and allowances as provided by law for similar state paid personnel employed in a district attorney's office pursuant to Chapter 18 of this title. Personnel appointed to positions which have not been authorized to be compensated by state funds within a district attorney's office shall meet the same qualifi cations and shall be compensated at the same rate and in the same manner as provided for comparable positions in state government under the State Merit System of Personnel Administration.
(c) No person shall be appointed as an assistant attorney who has been adjudged by any court or disciplinary tribunal of this state or of the United States or any of the several states to have rendered ineffective assistance of counsel to any person charged with a criminal offense within five years of being appointed as an assistant attorney.
(d) No person may be assigned the primary responsibility of representing an indigent person accused of a capital offense for which the death penalty is sought unless such person is authorized to practice law in this state and determined by the council to be competent to counsel and defend a person charged with a capital felony.
(e) Personnel employed on a full-time basis by the multicounty public defender shall not engage in the private practice of law.
(f) Personnel employed on a full-time basis by the multicounty public defender shall take and subscribe to the oath prescribed by Code Section 45-3-1 and shall further swear or affirm to execute well and faithfully their duties.
17-12-97. (a) Whenever any person accused of a capital felony for which the death pen alty is being sought has been determined to be indigent, as provided in Article 1 of this chapter, the court in which such charges are pending may notify the office, and the office shall assume the defense of such person if the resources, funding, and staffing of the office

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allow; provided, however, that the public defender of any county shall have the option to assume sole responsibility for the defense of any such person.
(b) If for any reason the office is unable to defend any indigent person accused of a capital felony for which the death penalty is being sought, such defense shall be provided as otherwise provided by law.
(c) The office shall be responsible for the defense of any person referred to it pursuant to subsection (a) of this Code section if the resources, funding, and staffing of the office allow. Such defense shall include all proceedings in the trial court and any appeals to the Supreme Court of Georgia. The office shall not assist with any petition for a writ of habeas corpus in federal court."
Section 3. All laws and parts of laws in conflict with this Act are repealed.

Senator Foster of the 50th moved that the Senate disagree to the House substitute to SB 545.

On the motion, the yeas were 43, nays 0; the motion prevailed, and the Senate disagreed to the House substitute to SB 545.

Senator Coleman of the 1st introduced Coach James Green and the AAAA champion ship basketball team, Atom Smashers, from Johnson High School, Thunderbolt, Georgia.

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

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.
Senate Sponsor: Senator English of the 21st.

Senator English of the 21st offered the following amendment:

Amend HB 1691 by striking the word "shall" on line 21, page 1, after the word "convic tion", and inserting instead the word "may".

On the adoption of the amendment, the yeas were 37, nays 0, and the amendment was adopted.

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

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

Those voting in the affirmative were Senators:

Albert Baldwin Bishop Bowen Broun of 46th Brown of 26th Burton Clay Coleman Collins

Dawkins Deal Echols Edge Egan English Foster Gillis Hammill Harris

Henson Hill Hooks Hugging Johnson Kidd Langford Marable Moye Newbill

MONDAY, MARCH 30, 1992

2907

Perdue Perry
Ragan of 10th Ragan of 32nd Ramsey

Ray
StarrRobinson
Steinberg Tate Taylor

Thompson
TTiumrnmeorns
Walker of 22nd Walker of 43rd White

Those not voting were Senators:

Alien Dean Garner

Hasty Scott

Shumake Tysinger

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

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

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.
Senate Sponsors: Senators Foster of the 50th and Pollard of the 24th.

The Senate Committee on Education offered the following substitute to HB 1490:

A BILL
To be entitled an Act 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 classifi cation requirements apply to all local school superintendents of county and independent school systems; to provide for additional powers of local boards of education; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, is amended by striking subsection (a) of Code Section 20-2-55, relating to per diem expenses of school board members, in its entirety and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) In any county for which no local Act is passed, members of the county local board shall, when approved by the county local board affected, receive a per diem of $50.00 for each day of attendance at meetings of the board and while meeting and traveling within or outside the state as a member of a committee of the board on official business first author ized by a majority of the board, plus reimbursement for actual expenses necessarily incurred in connection therewith. The accounts for such service and expenses shall be submitted for approval to the county local school superintendent. In all counties the compensation of members of county local boards shall be paid only from the local tax funds available to county local boards for educational purposes."
Section 2. Said chapter is further amended by striking subsection (a) of Code Section

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20-2-57, relating to organization of boards of education, in its entirety and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) Upon being called together by one of their number, the members of the county local board shall organize by selecting one of their number as chairman, who, unless other wise provided by local law or, in the absence of local law, by local board policy, shall serve as such during the term for which he was chosen as a member of the county local board. The county local school superintendent shall act as secretary of the county local board, ex officio. A majority of the county local board shall constitute a quorum for the transaction of busi ness. It shall be the duty of the superintendent as secretary to be present at the meetings of the county local board, to keep the minutes of its meetings and make a permanent record of them, and to do any other clerical work it may direct him to do. He shall record in a book, to be provided for the purpose, all official proceedings of the county local board, which shall be a public record open to the inspection of any person interested therein; and all such proceedings, when so recorded, shall be signed by the chairman and countersigned by the secretary."
Section 3. Said chapter is further amended by adding at the end of Article 3 thereof a new Code Section 20-2-64 to read as follows:
"20-2-64. (a) Each local board of education is authorized to establish and maintain one or more funds or trusts for the purposes specified in this Code section and to designate one or more fund managers or trustees thereof. Each local board of education shall be deemed to be a person for the purposes of Chapter 12 of Title 53, known as the 'Georgia Trust Act,' and may take any action which a natural person would be authorized to take and shall be subject to any duty imposed upon a natural person by the provisions of such chapter, except as provided in this Code section.
(b) A local board of education shall appoint one or more managers or trustees for any separate fund or trust, respectively, created pursuant to the authority of this Code section and shall not act as trustee or manager of such a trust or fund.
(c) A local board of education is authorized to accept and pay over to or place in such trust or fund any gifts, grants, bequests, and transfers of real or personal property and money made for the furtherance of such trust's or fund's purposes, as set forth in subsection (d) of this Code section. No funds or property of the local board of education derived from tax revenues or state grants or appropriations shall be placed in any such trust or fund or expended for the administration of such trust or fund.
(d) Trust or fund property and the income therefrom may be expended, unless other wise restricted by the donor thereof, for:
(1) Scholarships, grants, loans, and other educational assistance programs for students or graduates, or both, of the school system;
(2) Matching any matching grant given to such trust or fund or to the local board of education;
(3) Any purpose specified by the donor of such trust property, unless limited by subsec tion (e) of this Code section;
(4) Any other educational purpose; or
(5) The cost of administering the trust.
(e) Any such trust or fund shall be established under such further terms and conditions as may be deemed appropriate by the local board of education from time to time to the extent consistent with the uses of funds and purposes described in subsection (d) of this Code section. The local board of education, manager, or trustee may refuse to accept any gift, grant, bequest, or transfer which:
(1) Contains any condition, restriction, or limitation that may jeopardize the tax ex empt status of such trust or fund for federal or state income tax purposes;

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(2) Would cause the trust or fund to be treated as a private foundation under Section 509 or any corresponding provision of the Internal Revenue Code, as amended; or
(3) Contains any condition, restriction, or limitation deemed by the local board of edu cation, fund manager, or trustee to be inconsistent with the purposes, terms, or conditions of such fund or trust."
Section 4. Said chapter is further amended by striking Code Section 20-2-108, relating to certification and classification of school superintendents, in its entirety and inserting in lieu thereof a new Code Section 20-2-108 to read as follows:
"20-2-108. Each county local school superintendent shall be certified and classified by the Professional Standards Commission as teachers are now classified and certified under Code Section 20-2-282. The superintendents shall receive salaries according to a schedule of minimum salaries fixed by the state board based on classification and certification in the same manner teachers are paid under Code Section 20-2-212; provided, however, that in no event shall the salary of a superintendent be less than $70.00 per month, such salaries to be paid monthly out of the school funds of the state; and in addition thereto, the county local board of education shall allow additional compensation for the services to be rendered as may be in its judgment proper and just."
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 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 Clay Collins 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 Robinson Scott Steinberg Tate Taylor Turner Tysinger Walker of 22nd Walker of 43rd White

Those not voting were Senators:

Coleman Dawkins Garner

Shumake Starr

Thompson Timmons

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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 bill of the Senate was taken up for the purpose of the considering the House substitute thereto:
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 House substitute to SB 774 was as follows:
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 change the provisions for and limitations upon re funds or credits for taxes on alcoholic beverages; to change provisions relating to the manner of collecting state excise taxes on distilled spirits; to amend Code Section 48-2-35 of the Official Code of Georgia Annotated, relating to refund of taxes, so as to clarify that said Code section does not apply to taxes paid or stamps purchased for alcoholic beverages; 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. Title 3 of the Official Code of Georgia Annotated, relating to alcoholic bever ages, is amended by striking Code Section 3-2-13, relating to the issuance of refunds or credits for taxes paid on alcoholic beverages or stamps purchased, and inserting in lieu thereof a new Code Section 3-2-13 to read as follows:
"3-2-13. (a) Notwithstanding any other provision of this title or any other title to the contrary, the "provisions of this article shall provide the exclusive remedy and procedure for seeking and obtaining any and all refunds or credits for taxes paid on alcoholic beverages and for stamps purchased in payment of taxes on alcoholic beverages. No refund in the form of a disbursement from the state treasury shall be allowed for any such taxes or payments. No credit shall be allowed for any such taxes or payments unless expressly authorized by this article.
4) (b) The commissioner may issue refunds or credits for taxes paid by or due from a wholesaler or, in the case of taxes on distilled spirits, may issue refunds or credits for stamps purchased by a manufacturer, distiller, or wholesaler when it can be is shown to the commissioner's satisfaction that any of the following events have occurred:
(1) Alcoholic beverages have been received by the wholesaler through an error in ship ment and the alcoholic beverages are returned to the shipper prior to any sale by the whole saler in this state;
(2) Alcoholic beverages ordered by the wholesaler have been destroyed in transit prior to entry into the wholesaler's warehouse or storage area;
(3) Alcoholic beverages which are unfit for consumption upon receipt have been re ceived by the wholesaler and the alcoholic beverages are returned to the shipper or de stroyed prior to any sale by the wholesaler in this state;
(4) Alcoholic beverages have been destroyed while in the possession of a wholesaler

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within the state by an act of God, such as fire, flood, lightning, wind, or other natural calam ity; Of
(5) Wines have been sold by the wholesaler for delivery and consumption outside the state, provided the sale and delivery shall in all respects comply with the requirements of Code Section 3-6-26.17 ; or
(6) Taxes were paid or stamps were purchased under a statute expressly held to be unconstitutional by a court of last resort and the payments were made under protest and the ground of the protest was the same as the basis for the ruling of unconstitutionality by the court of last resort.
{b} (c) Any manufacturer, distiller, or wholesaler receiving a refund or No person shall receive a~credit for taxes paid or stamps purchased; in every any case where an amount equal to~the amount of taxes paiH or to the cost of the stamps purchased has been charged to or paid by the wholesaler, shall refund or credit to the wholcaalcr an amount equal to the credit or refund allowed by the commiaaioncr. any purchaser of the person seeking a refund or credit. When an applicant is issued a credit for taxes paid or stamps purchased, in every case where an amount equal to the amount of taxes paid or cost of the stamps purchased has been charged to or paid by any purchaser of the applicant, the applicant shall refund or credit to the purchaser or customer an amount equal to the credit allowed by the commissioner.^1
Section 2. Said title is further amended by striking Code Section 3-2-14, relating to limitations on refunds, and inserting in lieu thereof a new Code Section 3-2-14 to read as follows:
"3-2-14. (a) No credit for taxes paid on alcoholic beverages or for stamps purchased in payment of taxes on alcoholic beverages shall be allowed unless an application for credit is filed with the commissioner within 90 days from the date payment is received by the com missioner. If, in the opinion of the commissioner, any fcftmd an application filed by an applicanTfor refund credit of taxes paid pursuant to this title co~ntains a false statement or tf-tke, the application shall be denied. When an applicant is indebted to the state or an applicant is in violation of this title, the commissioner shall decline to approve the refund payment credit until the applicant has complied with the laws of this state. Payment of the refund shall be made, subject to this title, if the commiaaioncr finda that the applicant ia jtretty entitled to the refund. In no event shall interest be allowed on any refund or credit for taxes paid on alcoholic beverages or for stamps purchased in payment of taxes on alcoholic beverages. Nothing contained in this Code section shall be construed so as to allow for a credit oFrefund of any license fee lawfully due or paid under this title.
(b) Each application for credit shall be filed in writing in the form and containing such information as the commissioner may reasonably require. The commissioner or his delegate shall consider information contained in the application, together with such other informa tion as may be available, and shall approve or disapprove the application and notify the applicant of his action. Any applicant whose claim is denied by the commissioner or his delegate or whose claim is not decided by the commissioner or his delegate within one year from the date of filing the claim shall have the right to bring an action for a credit in the Superior Court of Fulton County. No action or proceeding for the recovery of a credit shall be commenced before the expiration of one year from the date of filing the application un less the commissioner or his delegate renders a decision on the application within that time, nor shall any action or proceeding be commenced after the occurrence of the earlier of (1) the expiration of one year from the date the claim is denied, or (2) the expiration of two years from the date the application was filed. The time for filing an action for the recovery of a credit may be extended for such period as may be agreed upon in writing between the applicant and the commissioner during the period authorized for bringing an action or any extension thereof. In the event any application is approved and the taxpayer has not paid other state taxes which have become due, the commissioner may set off the unpaid taxes against the credit. When the setoff authorized in this Code section is exercised, the credit shall be deemed granted and the amount of the setoff shall be considered for all purposes as

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a payment toward the particular tax debt which is being set off. Any excess credit properly allowable under this Article which remains after the setoff has been applied may be credited to the taxpayer?7
Section 3. Said title is further amended by striking Code Section 3-4-61, relating to the collection of state excise taxes on distilled spirits, which reads as follows:
"3-4-61. (a) Except as may otherwise be authorized in this title, the state excise taxes imposed by this part shall be collected in the following manner:
(1) The commissioner shall prescribe suitable stamps in proper denominations denoting the payment of taxes imposed by this part, and the tax provided shall be administered and collected by means of adhesive stamps lithographed with an intricate geometric design on safety paper or in a manner as may be prescribed by the commissioner;
(2) Before shipment or delivery to any retailer, every manufacturer or wholesaler shall affix or cause to be affixed to each bottle or container of distilled spirits a stamp indicating the payment of the proper amount of tax; and
(3) All manufacturers, distillers, or wholesalers who sell, ship, or deliver to each other shall affix or cause to be affixed to each bottle or container of distilled spirits a stamp indi cating the payment of the proper amount of tax.
(b) The commissioner may at his discretion replace mutilated stamps when fully satis fied that the stamps have not been used.",
and inserting in lieu thereof a new Code Section 3-4-61 to read as follows:
"3-4-61. (a) Except as may otherwise be authorized in this title, the state excise taxes imposed by this part shall be paid by the licensed wholesale dealer in distilled spirits.
(b) The taxes shall be paid on or before the tenth day of the month following the calen dar month in which the beverages are sold or disposed of within the particular municipality or county by the wholesale dealer.
(c) Each licensee responsible for the payment of the excise tax shall file a report itemiz ing for the preceding calendar month, by size and type of container, the exact quantities of distilled spirits sold during the month within the state. The licensee shall file the report with the commissioner.
(d) The wholesaler shall remit to the commissioner the tax imposed by the state on the tenth day of the month following the calendar month in which the sales were made.
(e) In order to phase in the reporting system of excise tax payment for distilled spirits and alcohol:
(1) The commissioner shall direct that no later than January 31, 1993, all persons who made excise tax payments in respect of distilled spirits and alcohol sales in the State of Georgia during the calendar year 1992 shall make a one-time deposit equal to the amount of 25 percent of said tax payments. This one-time advance shall be repaid in full by the state in equal semiannual installments over the period of 24 months following August 1, 1993; except that, in the event wholesalers made payments as provided for in this paragraph, the commissioner shall repay such wholesalers in the form of semiannual credits against future tax liability;
(2) On February 1, 1993, or as soon thereafter as practicable, the commissioner shall direct that an inventory be taken of stamped merchandise and tax stamps held by manufac turers, shippers, and wholesalers. The commissioner shall issue refunds to all manufacturers and shippers for the value of tax stamps in their possession on February 1, 1993, to be paid in 12 equal installments beginning on August 1, 1993. The commissioner shall issue tax credits to wholesalers for stamps in inventory on February 1, 1993, which shall be applied as credits against the wholesaler's future tax liability for the 12 month period beginning with the report due on August 10, 1993;
(3) Nothing in this subsection shall be construed to impose an additional excise tax on

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distilled spirits and alcohol held in inventory by wholesalers and retailers above the excise tax paid prior to February 1, 1993; and
(4) The commissioner shall adopt rules and regulations for the implementation of a reporting method of paying distilled spirits and alcohol excise taxes as well as the elimina tion of the use of any type of distilled spirits and alcohol stamp. The commissioner shall have full authority to allow credits or make refunds as provided for in this subsection."
Section 4. Code Section 48-2-35 of the Official Code of Georgia Annotated, relating to refunds of taxes, is amended by adding a new subsection (d) at the end thereof to read as follows:
"(d) This Code section shall not apply to taxes paid or stamps purchased for alcoholic beverages pursuant to Title 3."
Section 5. (a) Section 3 of this Act shall become effective February 1, 1993. All other provisions of this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
(b) With regard to taxes paid and stamps purchased on or after the effective date of this Act, all provisions of this Act shall fully apply.
(c) With regard to taxes paid and stamps purchased prior to the effective date of this Act and with regard to which no application for credit or claim for refund was filed prior to the effective date of this Act, all of the provisions of this Act shall apply, provided that, with regard to payments made less than three years prior to the effective date of this Act, the taxpayer shall have 90 days from the effective date of this Act within which to file with the commissioner the protest and the application for credit provided for by this Act, and pro vided, further, that no interest shall be allowed on any such taxes paid or stamps purchased.
(d) With regard to taxes paid and stamps purchased prior to the effective date of this Act and with regard to which an application for credit or claim for refund has been filed prior to the effective date of this Act, the law which was in effect at the time the application for credit or claim for refund was filed shall apply, provided that no interest shall be allowed on any such payments, and provided, further, that if a suit for refund or credit has not been filed prior to the effective date of this Act with regard to any such application or claim, any suit for recovery of a credit pertaining to such a claim or application must be filed within 90 days after the effective date of this Act.
Section 6. All laws and parts of laws in conflict with this Act are repealed.
Senator Langford of the 35th moved that the Senate agree to the House substitute to SB 774.

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

Those voting in the affirmative were Senators:

Albert Alien Baldwin Bishop Broun of 46th Brown of 26th Burton Clay Collins Dawkins Deal Dean Echols Edge

Egan English Foster Gillis Hammill Harris Henson Hill Hooks Huggins Johnson Kidd Langford Marable

Moye Newbill Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Starr Steinberg

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Tate Taylor Turner

Tysinger Walker of 22nd

Walker of 43rd White

Those not voting were Senators:

Bowen Coleman Garner

Hasty Shumake

Thompson Timmons

On the motion, the yeas were 49, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 774.

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

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 Georgia Annotated, relating to the General Assembly, so as to repeal certain pro visions relating to lobbying.

Senator Deal of the 49th moved that the Senate adhere to the Senate substitute to HB 1125, and that a Conference Committee be appointed.

On the motion, the yeas were 32, nays 0; the motion prevailed, and the Senate adhered to the Senate substitute to HB 1125.

The President appointed as a Conference Committee on the part of the Senate the following:
Senators Deal of the 49th, Robinson of the 16th and Hill of the 4th.

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

Mr. President:

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

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 511. By Senator Gillis of the 20th:
A resolution creating the Joint Study Committee on State and Local Government Environmental Enforcement Authority.

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The House has passed by the requisite constitutional majority the following bill of the House:
HB 2177. By Representatives Twiggs of the 4th and Colwell of the 4th:
A bill to change the manner of selecting the members of the Board of Education of Towns County.
Senator Robinson of the 16th introduced the doctor of the day, Dr. David Smith, of Columbus, Georgia.
^ The following general bill of the House, having been withdrawn from the Senate Com mittee on Insurance and Labor on March 24 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 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.
Senate Sponsor: Senator Ramsey of the 54th.
Senator Ramsey of the 54th offered the following amendment:
Amend HB 1899 by adding a new Section 2 as follows:
Section 2. Amend Code Section 33-6-5 by adding a new subparagraph (D) and (E) to Paragraph (13) as follows:
"(D) Each insurer who uses nonoriginal equipment manufacturer aftermarket crash parts to settle a claim under motor vehicle insurance policies shall provide to its insureds, as part of the terms of each motor vehicle insurance policy, a specific section or, at the discre tion of the Commissioner, a notice attached to the policy in no smaller than ten-point type containing the following information:
'NOTICE: IN SOME INSTANCES THIS INSURANCE COMPANY MIGHT USE AFTERMARKET'CRASH PARTS SUPPLIEDBY A SOURCE OTHER THA>rTHE MANUFACTURER OF YOUR MOTOR VEHICLE TO PREPARE; ESTIMATES AND ATTEMPT TO SETTLE CLAIMS UNDER THIS MOTOR.VEHICLE INSUKANCE POI^^CY.THESE^AF'TEIRMARKET CRASH PARTS AIIENOT VVARRANTEiD 13Y THE MANUFACTURER OF YOUR MOTOR VEHICLE AND MAY OR MAY NOT BE WAR RANTED BY THE MANUFACTURER OR DISTRIBUTOR OF SUCH PARTS.'
(E) Each insurer which fails to make the disclosures required by subparagraphs (C) and (D) of this paragraph shall use only aftermarket crash parts made by the original vehicle manufacturer or his supplier to both prepare estimates for repairs and to settle claims under motor vehicle insurance policies; provided, however, the notice required by subparagraph (D) of this paragraph which is not contained in a policy form in existence on the effective date of this Act may be given at the next renewal of said policy on an attachment form approved by the commissioner."
On the adoption of the amendment offered by Senator Ramsey of the 54th, the yeas were 16, nays 23, and the amendment was lost.
Senator Ramsey of the 54th offered the following amendment:

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Amend HB 1899 by adding a new Section 3 as follows:
Section 3. Amend Code Section 33-6-5 by striking subparagraph (B) and (C) of Para graph (13) and inserting the following:
"(B) Any after-market crash part manufactured or supplied for use in this state on or after January 1, 1990 1992, shall have affixed thereto or inscribed thereon the logo, identifi cation number, or name of its manufacturer. Such manufacturer's logo, identification num ber, or name shall be visible after installation whenever practicable; provided, however, that this subparagraph shall not apply to used parts.
(C) In all instances where nonoriginal equipment manufacturer aftermarket crash parts are used in preparing an estimate for repairs the written estimate prepared by or on behalf of the insurance adjuster insurer eatd or repair facility shall clearly identify each such part. A" disclosure document attached to the~estimate shall contain the following information in no smaller than ten-point type:
'THIS ESTIMATE HAS BEEN PREPARED BASED ON THE USE OF AFTERMARKET CRASH PARTS SUPPLIED BY A SOURCE OTHER THAN THE MANUFACTURER OF YOUR MOTOR VEHICLE. HB THESE AFTERMARKET CRASH PARTS USED IN THE PREPARATION OF THlSTSTlMATE ARE NOT WARRANTED BY THE MANUFACTURER OF YOUR VEHICLE AND MAY OR MAT NOT BE WARRANTED BY THE MANUFACTURER OR DISTRIBUTOR OF SUCH PARTS RATHER THXN THE MANUFACTURER OF YOUR VEHICLE.'"
Senator Ramsey of the 54th offered the following amendment:
Amend the amendment #2 offered by Senator Ramsey of the 54th to HB 1899 by strik ing in paragraph "B" on line 2 the figures "1990".
On the adoption of the amendment offered by Senator Ramsey of the 54th, the yeas were 31, nays 6, and the amendment was adopted.
On the adoption of the amendment #2 offered by Senator Ramsey of the 54th, the yeas were 19, nays 25, and the amendment was lost.
Senator Ramsey of the 54th offered the following amendment:
Amend HB 1899 by adding a new Section 4 as follows:
"Section 4. Chapter 34 of Title 33 of the Official Code of Georgia Annotated, the 'Geor gia Motor Vehicle Accident Reparations Act,' is amended by striking in its entirety Code Section 33-34-6 and inserting in lieu thereof the following:
'33-34-6. (a) Subject to the provisions of subsection (b) of this Code section, no insurer shall represent to a person making a claim under a motor vehicle insurance policy that the use of or the failure to use a particular repair facility or particular repair facilities may result in the nonpayment of a claim.
(b) No insurer shall require a person making a claim under a motor vehicle insurance policy to use a particular repair facility or particular repair facilities in order to settle a claim if the person making the claim can obtain the repair work on the motor vehicle at the same cost from another source.
(c) Nothing contained in this Code section shall affect the rights of any insurer or in sured pursuant to the provisions of the policy of insurance.' "
On the adoption of the amendment offered by Senator Ramsey of the 54th, the yeas were 31, nays 5, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.

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

Those voting in the affirmative were Senators:

Albert Alien Baldwin Bishop Bowen Broun 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 43rd White

Not voting were Senators Shumake and Walker of 22nd.

On the passage of the bill, the yeas were 54, 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 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.
Senate Sponsor: Senator Deal of the 49th.

The Senate Committee on Education offered the following substitute to HB 1812:

A BILL
To be entitled an Act to amend Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to teachers and other school personnel, so as to provide for legislative intent; to provide for definitions; to provide for appeals; to provide for com plaints; to provide for minimum requirements; to provide for complaint policies; to provide for applicability; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to teachers and other school personnel, is amended by adding immediately follow ing Part 10 a new Part 11 to read as follows:
"Part 11
20-2-989.5. (a) It is the intent of this part to resolve problems at the lowest possible

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organizational level with a minimum of conflict and formal proceedings so that good morale may be maintained, effective job performance may be enhanced, and the citizens of the community may be better served. These procedures require local units of administration to implement a simple, expeditious, and fair process for resolving problems at the lowest ad ministrative level.
(b) All local units of administration shall adopt a complaints policy for certified person nel that shall contain the definitions and standards provided in this part.
20-2-989.6. As used in this part, the term:
(1) 'Administrator' means the individual at each level, if applicable, designated by the local unit of administration to preside over and make decisions with respect to complaints.
(2) 'Central office administrator' means the local school system superintendent or the director of a Regional Education Service Agency (RESA).
(3) 'Complaint' means any claim by a certified employee of any local unit of administra tion who is affected in his or her employment relationship by an alleged violation or misap plication of statutes, policies, rules, or regulations with which the local unit of administra tion is required to comply.
20-2-989.7. (a) Personnel evaluations and professional development plans pursuant to Code Section 20-2-210 and job performance shall not be subject to complaint under the provisions of this part. The termination, nonrenewal, demotion, suspension, or reprimand of any employee, as set forth in Code Section 20-2-940, and the revocation, suspension, or denial of certificates of any employee, as set forth in Code Section 20-2-790, shall not be subject to complaint under the provisions of this part. Complaints with respect to the em ployment contract shall not be subject to complaint under this part.
(b) A certified employee who chooses to appeal under Code Section 20-2-1160 shall be barred from pursuing the same complaint under this part.
20-2-989.8. Local units of administration shall establish a complaint policy that shall include the following:
(1) A statement that a complaint by the certified employee at the initial level shall be in writing and shall clearly state the intent of the employee to access the complaints policy. All certified employees shall request in writing successive levels of review;
(2) A method and time frame of ten days for filing complaints and appeals, including successive levels of appeal, if any, from the complainant's immediate supervisor to the board of the local unit of administration; however, in no instance shall there be more than ten calendar days between the alleged act about which a complaint may be filed and the first written notice of complaint nor shall there be more than ten calendar days between an administrative decision at any level and an appeal to the next level. In no instance may the time frame from the notice of the initial request from the complainant for the hearing or meeting to the final decision made by the local unit of administration be more than 60 calendar days;
(3) A statement concerning the manner in which notice of the initial hearing and ap peals shall be given;
(4) A statement that the complainant shall be entitled to an opportunity to be heard, to present relevant evidence, and to examine witnesses at each level;
(5) A provision whereby the complainant is entitled to the presence of an individual of his or her choice to assist in the presentation of the complaint to the central office adminis trator and at the local unit of administration level. The policy shall also include a provision whereby the presence of any individual other than the complainant and the administrator at any lower level is specifically prohibited. At the local unit of administration level nothing shall prevent the local unit from having an attorney present to serve as the law officer who shall rule on issues of law and who shall not participate in the presentation of the case for the administrator or the complainant;

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(6) Provisions for keeping accurate minutes and preserving all evidence and for making these available to the parties involved but does not permit the presence of a third person for the Level I proceeding;
(7) A statement that the complainant cannot present additional evidence at each level of the complaint process unless it is submitted in writing by the complainant five days prior to the set date for the Level II and Level HI hearing to the administrator presiding over the complaint. The board of the local unit of administration, when hearing an appeal from a prior complaint level, shall hear the complaint de novo;
(8) A statement that each decision be made in writing and dated. Each decision shall contain findings of fact and reasons for the particular resolution reached. The decision reached at each complaint level shall be sent to the complainant by certified mail or hand delivered by a person designated by the superintendent or the Regional Education Services Agency director within 20 days of the decision;
(9) A provision that all costs and fees shall be borne by the party incurring them unless otherwise agreed upon by the parties involved; and
(10) A statement that a complainant shall not be the subject of any reprisal as a result of filing a complaint under this part. Should any reprisal occur, the complainant may refer the matter to the Professional Practices Commission.
20-2-989.9. Except as provided in paragraph (5) of Code Section 20-2-989.8, nothing in this part shall be construed to prevent a local unit of administration from adopting supple mental rules and policies that grant additional substantive and procedural rights with re spect to Code Section 20-2-989.8.
20-2-989.10. Nothing in this part shall be construed to permit or foster collective bar gaining as part of the state rules or local unit of administration policies.
20-2-989.11. Appeals from the decision of the local unit of administration to the Georgia Board of Education shall be governed by state board policy and Code Section 20-2-1160."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
Senators Starr of the 44th, Newbill of the 56th and Foster of the 50th offered the fol lowing amendment:
Amend the substitute to HB 1812 offered by the Senate Committee on Education by striking lines 18 through 26 on page 4 and inserting the following:
"(7) A statement that the complainant cannot present additional evidence at each level of the complaint process, unless it is determined by the administrator presiding over the complaint that such evidence is relevant to the issues presented at the initial hearing and such evidence was either not made available by the administration or not discoverable by the complainant. Any time a complainant is permitted to present additional evidence that was not presented at any prior level and it is determined that such evidence might have produced a different decision on the complaint, then the complaint may be remanded to the previous level with 10 calendar days allowed for reconsideration. The board of the local unit of administration, when hearing an appeal from a prior complaint level, shall be entitled to hear the complaint de novo;".
On the adoption of the amendment, the yeas were 42, nays 0, and the amendment was adopted.
On the adoption of the substitute, the yeas were 42, 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.

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

Those voting in the affirmative were Senators:

Albert Alien Bishop Bowen 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 Moye Newbill Perdue Perry

Pollard Ragan of 10th Ramsey Ray Robinson Scott Starr Steinberg Tate Taylor Thompson Timmons Turner Tysinger Walker of 43rd White

Voting in the negative were Senators Baldwin and Edge.

Those not voting were Senators:

Phillips Ragan of 32nd

Shumake

Walker of 22nd

On the passage of the bill, the yeas were 50, nays 2.

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

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

SB 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 House substitute to SB 728 was as follows:

A BILL
To be entitled an Act 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 bev erages, so as to authorize the sale of alcoholic beverages on Sunday at festivals held in mu nicipalities within certain counties; to define the term "festival"; to require compliance with certain other state and local requirements; 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 3 of the Official Code of Georgia Annotated, relating to prohibited acts in connection with the sale of alcoholic beverages, is amended by striking in its entirety Code Section 3-3-20, relating to the sale of alcoholic beverages on

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2921

Sundays, election days, and Christmas Day, and inserting in lieu thereof a new Code Section 3-3-20 to read as follows:
"3-3-20. (a) Except as provided in subsection (d) of this Code section or except as spe cifically authorized by law, no person knowingly and intentionally shall sell or offer to sell alcoholic beverages on Sunday.
(b) (1) As used in this subsection, the term 'day' means that period of time beginning with the opening of the polls and ending with the closing of the polls.
(2) (A) Except as provided in subparagraph (B) of this paragraph, no person knowingly and intentionally shall sell or offer to sell alcoholic beverages on any election day. The pro hibition of this subsection shall apply only within the territorial boundaries for which the election is held but such territorial boundaries shall not include any property owned or operated by a county, municipality, or other political subdivision of this state for airport purposes if no person resides on such publicly owned or operated property.
(B) The local governing authority of any county in which the sale of alcoholic beverages is authorized and the local governing authority of any municipality in which the sale of alcoholic beverages is authorized may, by ordinance, resolution, or referendum, authorize the sale of alcoholic beverages on any election days.
(3) (A) Notwithstanding any other provisions of this subsection, it shall be unlawful for any person to sell alcoholic beverages within 250 feet of any polling place or of the outer edge of any building within which such polling place is established on primary or election days.
(B) Any person violating the provisions of this paragraph shall be guilty of a misdemeanor.
(c) The governing authority of any county or municipality may, by ordinance or resolu tion, prohibit the sale of alcoholic beverages on Christmas Day.
(d) (1) In all municipalities within any county having a population of 400,000 or more accorciing to the United States decennial census of 1990 or any future such census in which the sale of alcoholic beverages is lawful, alcoholic beverages may be sold on Sundays be tween the hours of 12:30 P.M. and 12:00 Midnight at festivals. As used in this paragraph, the term 'festival' means a specific outdoor public celebration or gathering for which a li cense or permit has been issued by the appropriate governing authority which involves the use either of public parks or public streets and which includes entertainment, dancing, mu sic, dramatic productions, art exhibition, parades, or the sale of merchandise, food or alco hol, or any combination of the foregoing; and which of necessity requires for its successful execution the provision and coordination of municipal services to a degree significantly over and above that which the city routinely provides under ordinary everyday circumstances. The definition of 'festival,' as used in this paragraph, does not include events which are solely parades, foot races, or political demonstrations unless such parade, foot race, or politi cal demonstration is proposed as an integral part^if a larger 'festival,' as defined in this paragrapRT
(2) Notwithstanding the provisions of this subsection, all persons and entities selling alcoholic beverages pursuant to this subsection shall fully comply with all other applicable state and local license and permit requirements."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
Senator Henson of the 55th moved that the Senate agree to the House substitute to SB 728.
On the motion, a roll call was taken, and the vote was as follows:
Those voting in the affirmative were Senators:

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Albert Alien Baldwin Bishop Bowen Broun of 46th Clay Coleman Dawkins Echols
Edge
Egan
English
Garner

Gillis Hammill Harris Hasty Henson Hill Johnson Kidd Langford Moye
Newbill
Perdue
Perry
Phillips

Ragan of 10th Ragan of 32nd Ray Robinson Scott Steinb _ i, , iaylor Timmons
Turner
Tysinger
Walker of 22nd
Walker of 43rd

Those voting in the negative were Senators:

Burton Collins Deal Dean

Foster Huggins Marable Pollard

Ramsey Starr White

Those not voting were Senators:

Brown of 26th Hooks

Shumake

Thompson

On the motion, the yeas were 41, nays 11; the motion prevailed, and the Senate agreed to the House substitute to SB 728.

The following general bill of the House, having been read the third time on March 24 and lost, reconsidered on March 25, and placed on the Senate Rules Calendar for today, was put upon its passage:

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.
Senate Sponsor: Senator Garner of the 30th.

The amendments to HB 1290 adopted on March 24 were as follows:

By the Senate Committee on Governmental Operations:

Amend HB 1290 by striking from line 17 of page 2 the following: "an existing",
and inserting in lieu thereof the following: "a".

By Senators Garner of the 30th and Langford of the 35th:

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2923

Amend HB 1290 by adding in the title on line 6 of page 1 between the first semicolon and the word "to" the following:
"to provide an exception;".
By deleting the quotation marks at the end of line 33 on page 14.
By adding below line 33 on page 14 the following:
"(k) Notwithstanding any other provisions of this Code section, a person who engages in roofing contracting in which the contract price of the work on any roofing project does not exceed $500.00 shall not be required to comply with the licensing requirements of this Code section and chapter.' "

By Senator Garner of the 30th:

Amend HB 1290 by adding on line 19 of page 2 between the word "new" and the word "residential" the following:
"single-family or multifamily".

By Senators Garner of the 30th and Langford of the 35th:

Amend HB 1290 by adding at the end of line 20 of page 17 the following:
"This chapter shall not apply to any roofing or roofing contracting which is performed 'not for profitT"

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 Bowen Broun of 46th Burton Clay Coleman Dawkins Deal Echols Edge Foster Garner

Hammill Harris Hasty Henson Hill Hooks Huggins Johnson Kidd Langford Marable Moye Newbill Ragan of 10th

Ragan of 32nd Ramsey Robinson Scott Starr Steinberg Tate Taylor Thompson Turner Tysinger Walker of 22nd Walker of 43rd White

Those voting in the negative were Senators:

Albert Collins Dean Egan

English Gillis Perdue Perry

Phillips Pollard Ray

Those not voting were Senators:

Brown of 26th

Shumake

Timmons

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On the passage of the bill, the yeas were 42, nays 11.
The bill, having received the requisite constitutional majority, was passed as amended.
The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:
SB 415. By Senators Johnson of the 47th, Deal of the 49th, Baldwin of the 29th and Edge of the 28th:
A bill to amend Article 1 of Chapter 9 of Title 45 of the Official Code of Georgia Annotated, relating to purchase of liability insurance or contracts of indemnity for public officers and employees generally, so as to repeal the provisions that nothing in such article shall constitute a waiver of the immunity of the state from any action nor shall the exercise of authority provided in such article con stitute the provision of liability insurance protection.
The House substitute to SB 415 was as follows:
A BILL
To be entitled an Act to amend Chapter 21 of Title 50 of the Official Code of Georgia Annotated, relating to the waiver of sovereign immunity as to actions ex contractu, so as to provide for editorial revision and redesignation of such provisions; to provide a short title; to provide for the expression of legislative intent and purpose; to provide definitions; to pro vide a limited waiver of sovereign immunity; to provide exceptions and limitations; to pro vide a remedy for torts committed by state officers and employees; to provide immunity for state officers and employees; to provide for litigation; to provide for parties in litigation; to provide for ante litem notice of claim; to provide procedures and time limits for processing such ante litem notice and claims; to provide a statute of limitations; to provide for venue; to provide for the mode of trials; to provide limitations on the amounts and types of dam ages and interest recoverable; to provide for pleadings; to provide for signing pleadings; to provide for sanctions; to provide for a program of liability insurance or self-insurance; to provide for creation of a State Tort Claims Trust Fund; to provide for the possible merger of preexisting funds; to provide a limitation on fiscal year aggregate liability; to preclude execution or levy against state funds or property; to provide for settlement of claims; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 21 of Title 50 of the Official Code of Georgia Annotated, relating to the waiver of sovereign immunity as to actions ex contractu, is amended by designating the material contained in the existing chapter as Article 1 and by inserting at the end thereof a new Article 2 to read as follows:
"ARTICLE 2
50-21-20. This article shall be known and may be cited as 'The Georgia Tort Claims Act.'
50-21-21. (a) The General Assembly recognizes the inherently unfair and inequitable results which occur in the strict application of the traditional doctrine of sovereign immu nity. On the other hand, the General Assembly recognizes that, while private entrepreneurs voluntarily choose the ambit of their activity and can thereby exert some control over their exposure to liability, state government does not have the same flexibility. In acting for the public good and in responding to public need, state government must provide a broad range of services and perform a broad range of functions throughout the entire state, regardless of how much exposure to liability may be involved. The exposure of the state treasury to tort liability must therefore be limited. State government should not have the duty to do every thing that might be done. Consequently, it is declared to be the public policy of this state

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that the state shall only be liable in tort actions within the limitations of this article and in accordance with the fair and uniform principles established in this article.
(b) The General Assembly also recognizes that the proper functioning of state govern ment requires that state officers and employees be free to act and to make decisions, in good faith, without fear of thereby exposing themselves to lawsuits and without fear of the loss of their personal assets. Consequently, it is declared to be the public policy of this state that state officers and employees shall not be subject to lawsuit or liability arising from the per formance or nonperformance of their official duties or functions.
(c) All of the provisions of this article should be construed with a view to carry out this expression of the intent of the General Assembly.
50-21-22. As used in this article, the term:
(1) 'Claim' means any demand against the State of Georgia for money only on account of loss caused by the tort of any state officer or employee committed while acting within the scope of his or her official duties or employment.
(2) 'Discretionary function or duty' means a function or duty requiring a state officer or employee to exercise his or her policy judgment in choosing among alternate courses of ac tion based upon a consideration of social, political, or economic factors.
(3) 'Loss' means personal injury; disease; death; damage to tangible property, including lost wages and economic loss to the person who suffered the injury, disease, or death; pain and suffering; mental anguish; and any other element of actual damages recoverable in ac tions for negligence.
(4) 'Person' means a natural person, corporation, firm, partnership, association, or other such entity.
(5) 'State' means the State of Georgia and any of its offices, agencies, authorities, de partments, commissions, boards, divisions, instrumentalities, and institutions, but does not include counties, municipalities, school districts, other units of local government, hospital authorities, or housing and other local authorities.
(6) .'State government entity' means a state office, agency, authority, department, com mission, board, division, instrumentality, or institution.
(7) 'State officer or employee' means any officer, employee, or agent of the state, includ ing elected or appointed officials, law enforcement officers, and persons acting on behalf or in service of the state in any official capacity, whether with or without compensation, but the term does not include an independent contractor doing business with the state.
50-21-23. (a) The state waives its sovereign immunity for the torts of state officers and employees while acting within the scope of their official duties or employment and shall be liable for such torts in the same manner as a private individual or entity would be liable under like circumstances; provided, however, that the state's sovereign immunity is waived subject to all exceptions and limitations set forth in this article. The state shall have no liability for losses resulting from conduct on the part of state officers or employees which was not within the scope of their official duties or employment.
(b) The state waives its sovereign immunity only to the extent and in the manner pro vided in this article and only with respect to actions brought in the courts of the State of Georgia. The state does not waive any immunity with respect to actions brought in the courts of the United States.
50-21-24. The state shall have no liability for losses resulting from:
(1) An act or omission by a state officer or employee exercising due care in the execu tion of a statute, regulation, rule, or ordinance, whether or not such statute, regulation, rule, or ordinance is valid;
(2) The exercise or performance of or the failure to exercise or perform a discretionary

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function or duty on the part of a state officer or employee, whether or not the discretion involved is abused;
(3) The assessment or collection of any tax or the detention of any goods or merchan dise by any law enforcement officer;
(4) Legislative, judicial, quasi-judicial, or prosecutorial action or inaction;
(5) Administrative action or inaction of a legislative, quasi-legislative, judicial, or quasijudicial nature;
(6) Civil disturbance, riot, insurrection, or rebellion or the failure to provide, or the method of providing, law enforcement, police, or fire protection;
(7) Assault, battery, false imprisonment, false arrest, malicious prosecution, abuse of process, libel, slander, or interference with contractual rights;
(8) Inspection powers or functions, including failure to make an inspection or making an inadequate or negligent inspection of any property other than property owned by the state to determine whether the property complies with or violates any law, regulation, code, or ordinance or contains a hazard to health or safety;
(9) Licensing powers or functions, including, but not limited to, the issuance, denial, suspension, or revocation of or the failure or refusal to issue, deny, suspend, or revoke any permit, license, certificate, approval, order, or similar authorization;
(10) The plan or design for construction of or improvement to highways, roads, streets, bridges, or other public works where such plan or design is prepared in substantial compli ance with generally accepted engineering or design standards in effect at the time of prepa ration of the plan or design;
(11) Financing regulatory activities, including, but not limited to, examinations, inspec tions, audits, or other financial oversight activities; or
(12) Activities of the Georgia National Guard when engaged in state or federal training or duty, but this exception does not apply to vehicular accidents.
50-21-25. (a) This article constitutes the exclusive remedy for any tort committed by a state officer or employee. A state officer or employee who commits a tort while acting within the scope of his or her official duties or employment is not subject to lawsuit or liability therefor. However, nothing in this article shall be construed to give a state officer or em ployee immunity from suit and liability if it is proved that the officer's or employee's con duct was not within the scope of his or her official duties or employment.
(b) A person bringing an action against the state under the provisions of this article must name as a party defendant only the state government entity for which the state officer or employee was acting and shall not name the state officer or employee individually. In the event that the state officer or employee is individually named for an act or omission for which the state is liable under this article, the state government entity for which the state officer or employee was acting must be substituted as the party defendant.
(c) A settlement or judgment in an action or a settlement of a claim under this article constitutes a complete bar to any further action by the claimant against a state officer or employee or the state by reason of the same occurrence.
50-21-26. (a) No person, firm, or corporation having a tort claim against the state under this article shall bring any action against the state upon such claim without first giving notice of the claim as follows:
(1) Notice of a claim shall be given in writing within 12 months of the date the loss was discovered or should have been discovered; provided, however, for tort claims and causes of action which accrued between January 1, 1991, and the effective date of this article, notice of claim shall be given in writing within 12 months after the effective date of this article;
(2) Notice of a claim shall be given in writing and shall be mailed by certified mail,

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2927

return receipt requested, or delivered personally to and a receipt obtained from the Risk Management Division of the Department of Administrative Services. In addition, a copy shall be delivered personally to or mailed by first-class mail to the state government entity, the act or omissions of which are asserted as the basis of the claim. Each state government entity may designate an office or officer within that state government entity to whom a notice of claim is to be delivered or mailed;
(3) No action against the state under this article shall be commenced and the courts shall have no jurisdiction thereof unless and until a written notice of claim ha been timely presented to the state as provided in this subsection;
(4) Any complaint filed pursuant to this article must have a copy of the notice of claim presented to the Department of Administrative Services together with the certified mail receipt or receipt for other delivery attached as exhibits. If failure to attach such exhibits to the complaint is not cured within 30 days after the state raises such issue by motion, then the complaint shall be dismissed without prejudice; and
(5) A notice of claim under this Code section shall state, to the extent of the claimant's knowledge and belief and as may be practicable under the circumstances, the following:
(A) The name of the state government entity, the acts or omissions of which are as serted as the basis of the claim;
(B) The time of the transaction or occurrence out of which the loss arose;
(C) The place of the transaction or occurrence;
(D) The nature of the loss suffered;
(E) The amount of the loss claimed; and
(F) The acts or omissions which caused the loss.
(b) No action may be commenced under this article following presentation of a notice of claim until either the Department of Administrative Services has denied the claim or more than 90 days have elapsed after the presentation of the notice of claim without action by the Department of Administrative Services, whichever occurs first.
50-21-27. (a) It is the specific intent of the General Assembly that this article shall operate retroactively so as to apply to tort claims or causes of action which accrued on or after January 1, 1991. A tort claim or cause of action shall be deemed to have accrued on the date the loss was or should have been discovered. This article shall not apply to tort claims or causes of action which accrued prior to January 1, 1991.
(b) For tort claims and causes of action which accrued between January 1, 1991, and the effective date of this article, any tort action brought pursuant to this article is forever barred unless it is commenced within two years after the effective date of this article.
(c) For tort claims and causes of action which accrue on or after the effective date of this article, any tort action brought pursuant to this article is forever barred unless it is commenced within two years after the date the loss was or should have been discovered.
(d) Statutes of ultimate repose and abrogation, as provided for elsewhere in this Code, shall apply to claims and actions brought pursuant to this article.
(e) All provisions relating to the tolling of limitations of actions, as provided elsewhere in this Code, shall apply to causes of action brought pursuant to this article.
50-21-28. All tort actions against the state under this article shall be brought in the state or superior court of the county wherein the loss occurred; provided, however, that, in any case in which an officer or employee of the state may be included as a defendant in his individual capacity, the action may be brought in the county of residence of such officer or employee. All actions against the state for losses sustained in any other state shall be brought in the county of residence of any officer or employee residing in this state upon whose actions or omissions the claim against the state is based.

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50-21-29. (a) Trial of tort actions against the state under this article shall be conducted by a judge with a jury; provided, however, the parties may agree that the same be tried by a judge without a jury.
(b) In any action or claim for damages brought under the provisions of this article, no person shall recover a sum exceeding $1 million because of loss arising from a single occur rence, regardless of the number of state government entities involved; and the state's aggre gate liability per occurrence shall not exceed $3 million. The existence of these caps on liability shall not be disclosed or suggested to the jury during the trial of any action brought under this article.
50-21-30. No award for damages under this article shall include punitive or exemplary damages or interest prior to judgment.
50-21-31. In all cases where judgment is obtained under this article, the judgment shall bear interest from the date judgment is entered at the rate of 7 percent per annum.
50-21-32. In any claim, action, or proceeding brought under this article, the signature of an attorney or party constitutes a certificate by him or her that he or she has read the pleading, motion, or other paper; that to the best of his or her knowledge, information, and belief formed after reasonable inquiry it is well grounded in fact and is warranted by ex isting law or a good faith argument for the extension, modification, or reversal of existing law; and that it is not interposed for any improper purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of litigation. If a pleading, motion, or other paper is not signed, it shall be stricken unless it is signed promptly after the omission is called to the attention of the pleader or movant. If a pleading, motion, or other paper is signed in violation of this Code section, the court, upon motion or upon its own initiative, shall impose upon the person who signed it, a represented party, or both an appropriate sanction, which may include an order to pay to the other party or parties the amount of the reasonable expenses incurred because of the filing of the pleading, motion, or other paper, including reasonable attorneys' fees.
50-21-33. (a) The Department of Administrative Services shall formulate and initiate a sound program providing for liability insurance, self-insurance, or a combination of both to provide for payment of judgments and claims against the state under this article.
(b) The commissioner of administrative services shall have the authority to purchase policies of liability insurance or contracts of indemnity insuring or indemnifying the state against liabilities arising under this article. In addition or alternatively, the commissioner of administrative services may retain all moneys paid to the Department of Administrative Services by state government entities as premiums for insurance or indemnity against liabil ities arising under this article, and all money specifically appropriated to the Department of Administrative Services for the payment of liabilities under this article, all moneys received as interest, and all funds received from other sources to set up and maintain a reserve fund for the payment of judgments and claims against the state under this article and for pay ment of the expenses necessary to properly administer a self-insurance program. The com missioner of administrative services shall invest any such moneys in the same manner as other moneys in his or her possession. State agencies which provide services or incur ex pense in connection with any claim covered by this article may receive payment from the fund for such services and expenses.
(c) Any reserve fund created under this Code section shall be designated the State Tort Claims Trust Fund.
(d) The Department of Administrative Services shall establish and charge to state gov ernment entities such premiums and other payments, taking into account any direct appro priations as shall be necessary to maintain the soundness of the insurance or self-insurance programs established under this Code section. The premiums charged to each state govern ment entity may be established on such basis as the Department of Administrative Services shall deem appropriate and such basis may include the number of employees, the aggregate

MONDAY, MARCH 30, 1992

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annual budget of the state government entity, and unique exposures, loss history, or claims pending against such state government entity.
(e) Each state government entity shall promptly remit from appropriations or other funds available to it the premium thus established.
(f) Where existing programs have previously been established by the Department of Administrative Services for the insurance or self-insurance of the state, state government entities, or state officers or employees, the commissioner of administrative services shall be authorized to merge all or part of those programs, including all or part of any self-insurance funds established thereunder, into the State Tort Claims Trust Fund. This shall include, but not be limited to, any funds established by Code Sections 45-9-4 and 50-5-16. In so doing, the Department of Administrative Services shall be authorized, through the State Tort Claims Trust Fund, to assume or not assume all or part of existing and potential liabil ities of the prior established programs and funds.
(g) As to state government entities for which additional particular coverages are neces sary, the Department of Administrative Services may provide such additional particular coverages and other terms and conditions of unique exposure particular to one or more state government entities; may provide for endorsements for contract liability; and, where neces sary to the public purposes of the state government entity, may also provide for additional insureds.
(h) Nothing in this Code section or in this article shall impose or create any obligation upon other funds of the state.
(i) Funds appropriated to the Department of Administrative Services for the State Tort Claims Trust Fund shall be deemed contractually obligated funds held in trust, subject to future legislative change or revision, for the benefit of persons having claims, known or un known, or judgments payable from the funds and shall not lapse.
50-21-34. (a) No claim or judgment against the state under this article shall be payable except from the State Tort Claims Trust Fund or from any policies of insurance or contracts of indemnity provided under this article.
(b) Nothing in this article shall be construed to authorize any execution or levy against any state property or funds. Execution or levy against state property or funds is expressly prohibited.
(c) Judgments against the state under this article shall be promptly paid by the com missioner of administrative services within 60 day after the same become final if funds are available from the State Tort Claims Trust Fund or from other policies of insurance or contracts of indemnity established under this article.
(d) The fiscal year aggregate liability of the state under this article shall never exceed the amount of funds available from the State Tort Claims Trust Fund and any other poli cies of insurance or contracts of indemnity established under this article. For purposes of this Code section, the term 'funds available from the State Tort Claims Trust Fund' means the cash balance in the fund less the department's operating expense allocation to the fund for the year. Any judgments obtained in excess of this limitation on annual aggregate liabil ity will not be void. However, such excess judgments shall not be payable unless and until the General Assembly appropriates funds for the payment thereof.
50-21-35. In all civil actions brought against the state under this article, to perfect ser vice of process the plaintiff must both: (1) cause process to be served upon the chief execu tive officer of the state government entity involved at his or her usual office address; and (2) cause process to be served upon the director of the Risk Management Division of the De partment of Administrative Services at his or her usual office address. The time for the state to file an answer shall not begin to run until process has been served upon all required persons. A copy of the complaint, showing the date of filing, shall also be mailed to the

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Attorney General at his or her usual office address, by certified mail, return receipt re quested and there shall be attached to the complaint a certificate that this requirement has been met.
50-21-36. The commissioner of the Department of Administrative Services, or his or her delegate, shall have the authority, within the limits provided in this article, to make settle ment of claims, causes of action, and actions under this article."
Section 2. This Act shall become effective July 1, 1992.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

Senator Johnson of the 47th moved that the Senate agree to the House substitute to SB 415.

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 Clay 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 Robinson g cott Starr Steinbere
6
Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White

Those not voting were Senators:

Coleman

Garner

Shumake

On the motion, the yeas were 53, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 415.

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

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.

Senator English of the 21st moved that the Senate insist upon the Senate substitute to HB 1843.

On the motion, the yeas were 41, nays 0; the motion prevailed, and the Senate insisted upon the Senate substitute to HB 1843.

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2931

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.
Senator English of the 21st moved that the Senate insist upon the Senate substitute to HB 1844.
On the motion, the yeas were 35, nays 0; the motion prevailed, and the Senate insisted upon the Senate substitute to HB 1844.
The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:
SB 119. By Senator Newbill of the 56th:
A bill to amend Code Section 36-31-2 of the Official Code of Georgia Annotated, relating to the minimum distance between proposed corporate boundaries and boundaries of existing municipal corporations generally, so as to provide an ex ception for certain municipal corporations; to provide an effective date.
The House substitute to SB 119 was as follows:
A BILL
To be entitled an Act to amend Chapter 1 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties, so as to require a county which sells materials used in the construction of water systems, sewer systems, or other such facilities to publish acceptable manufacturing or engineering standards of such materials sold by the county and such other materials, if any, which the county finds acceptable for the construction of such facilities; to provide that in the construction of such a facility the use of materials not purchased from the county shall not render such facility or project ineligible for acceptance as a public right of way or utility project if the materials used meet the acceptable standards; to provide that any county officer or employee who, without suffi cient cause, refuses to accept as a public right of way or utility project any water and sewer system or other facility constructed with acceptable materials not purchased from the county shall be guilty of a misdemeanor; to provide that upon a final conviction of a viola tion of this Act, the employment of such offender by the county shall be terminated; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 1 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties, is amended by striking in its entirety Code Section 36-1-23, relating to the prohibition against a county requiring persons to purchase from the county materials used in the construction of water systems, sewer systems, or certain other facilities, and inserting in lieu thereof a new Code Section 36-1-23 to read as follows:
"36-1-23. (a) No county shall require any person who performs services on his property or on private property pursuant to an agreement with an individual, corporation, partner ship, association, or other private entity to purchase from the county any materials used in the construction or repair of any water system, sewer system, storm or drainage system, building, or other facilities on such property. Any county which sells such materials used in the construction of such facilities shall be required to publish the acceptable manufacturing or engineering standards of such materials sold by the county and such other materials, if any, which the county finds acceptable for the construction of such facilities. In the con struction of any such facility, the use by any person or other entity of materials which are not purchased from the county shall not render any such facility or project ineligible for acceptance as a public right of way or utility project if the materials used meet the accept able standards published by the county.

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(b) Nothing in this Code section shall affect the authority of a county to enact building, construction, electrical, fire, or other codes which require materials used in the construction or repair of water systems, sewer systems, storm or drainage systems, buildings, or other facilities to meet or satisfy certain standards.
(c) Any county officer or employee who, without sufficient cause, refuses to accept as a public right of way or utility project any water and sewer system or other facility con structed with acceptable materials not purchased from the county shall be guilty of a misdemeanor.
(d) Upon the final conviction of any county officer or employee of violating subsection (c) oT this Code section, the employment of such officer or employee by the county shall immediately be terminated."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

Senator Dawkins of the 45th moved that the Senate agree to the House substitute to SB 119.

Senator Henson of the 55th moved that the House substitute be printed.

On the adoption of the motion offered by Senator Henson of the 55th, the yeas were 38, nays 2; the motion prevailed; and the House substitute to SB 119 was ordered printed, and action on the motion offered by Senator Dawkins of the 45th was suspended subject to the printing.

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

HR 1008. By Representative Perry of the 5th: A resolution designating J.C. "Jake" Woods Avenue in the City of Trion. Senate Sponsor: Senator Huggins of the 53rd.

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 ^rt0"
CXCool,lyleimnsan Dawkins jjeaj >ean Echols Edge Egan English Foster

Garner Gillis Hammill Harris Hasty
Henson Hill
HuUouogkgsm s Johnson Kidd Langford Marable Moye Newbill Perdue Perry

Phillips Pollard Ragan of 10th Ragan of 32nd Ray
Robinson Scott
SSo*tteairnrbv.erg Taylor Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White

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2933

Those not voting were Senators:

Brown of 26th

Shumake

Tate

Ramsey

On the adoption of the resolution, the yeas were 52, 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 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 House substitute to SB 747 was as follows:

A BILL
To be entitled an Act to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide for the 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

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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) 'Controlled business of a person' means property or casualty insurance for a person or a person's spouse; for any relative by blood or marriage within the second degree of kin ship as denned by paragraph (5) of Code Section 53-4-2; for a person's employer or the firm of which a person is a member; for any officer, director, stockholder, or member of a per son's employer or of any firm of which a person is a partner; for any spouse of the officer, director, employer, stockholder, or member of a person's firm; for a person's ward or em ployee; or for any person or in regard to any property under a person's control or supervi sion in any fiduciary capacity.
(5) '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.
(6) 'Independent adjuster' means an adjuster representing the interest of the insurer who is not an employee of such insurer.
(7) 'Insurance,' except where the type of insurance is specifically stated, means all kinds of insurance other than bail bonding by individual sureties.
(8) '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.
(9) '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

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(B) An agent who places surplus lines insurance with or through a surplus lines broker only with respect to such surplus lines insurance.
(10) '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 in 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 farmer' 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.

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(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 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 for property and casualty insurance, the applicant must not use or intend to use the license for the purpose of obtaining a rebate or commis sion upon controlled business; and the applicant must not in any calendar year effect con trolled business that will aggregate as much as 25 percent of the volume of insurance ef fected by such applicant during such year, as measured by the comparative amounts of premiums;

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(3) 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;
(4) 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;
(5) The applicant must be of good character;
(6) The applicant must pass any written examination required for the license by this article;
(7) 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
(8) 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
(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

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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 os 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 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 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 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.

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(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 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 issued pursuant to subsection (a) of this Code section 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.

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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 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

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Code section shall not exceed 15 classroom hours for each licensed person who has held a license for less than 20 years during the calendar year. For those persons who have held a license for 20 years or more the requirement shall be no more than 10 classroom hours during the calendar 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.
(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;

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(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 an agent or subagent, but, on the con trary, is holding such license for the purpose of securing rebates or commissions or con trolled business;
(10) Is not in good faith carrying on business as a licensee under this chapter;
(11) Has shown lack of trustworthiness or lack of competence to act as an licensee under this chapter;
(12) Has knowingly participated in the writing or issuance of substantial overinsurance of any property insurance risk;
(13) 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;
(14) 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;
(15) 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;
(16) 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;
(17) 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

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license by any such lawful licensing authority other than the Commissioner pursuant to disciplinary proceedings; or
(18) 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.
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.

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(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.
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 anther 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.

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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 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;
(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 plaintiffs 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.

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33-23-32. Except as provided in subsection (b) of Code Section 33-23-31, 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 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,

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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.
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

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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. (a) An adjuster licensed as both an independent and a public adjuster shall not represent both the insurer and the insured in the same transaction.
(b) An adjuster shall have authority under his license only to investigate, settle, or ad just and report to his principal upon claims arising under insurance contracts on behalf of insurers only if licensed as an independent adjuster or on behalf of insureds only if licensed as a public adjuster.
(c) No public adjuster, at any time, shall knowingly:
(1) Suggest or advise the employment of or name for employment a specific attorney or attorneys to represent a person in any matter relating to a person's potential claims, includ ing any motor vehicle accident claims for personal injury, loss of consortium, property dam ages, or other special damages;
(2) Accept or agree to accept any money or other compensation from an attorney or any person acting on behalf of an attorney which the adjuster knows or should reasonably know is payment for the suggestion or advice by the adjuster to seek the services of the attorney or for the referral of any portion of a person's claim to the attorney; or
(3) Hire or procure another to do any act prohibited by this subsection.
(d) For purposes of subsection (c) of this Code section, the term 'public adjuster' shall include licensed public adjusters as defined by Code Section 33-23-1 and persons represent ing themselves to be public adjusters who are not properly licensed by the Commissioner.
(e) Any person who violates any provision of subsection (c) of this Code section shall be guilty of a misdemeanor and such violation shall be grounds for suspension or revocation of licenses under this chapter.
33-23-44. 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.
33-23-45. 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."

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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 moved that the Senate agree to the House substitute to SB 747.

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 Clay Coleman Collins Dawkins Deal Dean Echols Edge Egan

English Foster 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 Taylor Timmons Turner Tysinger Walker of 22nd Walker of 43rd White

Those not voting were Senators:

Garner Hill

Shumake Starr

Thompson

On the motion, the yeas were 51, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 747.

The following bill of the House was read the first time and referred to committee:

HB 2177. By Representatives Twiggs of the 4th and Colwell of the 4th:
A bill to change the manner of selecting the members of the Board of Education of Towns County.
Referred to Committee on Urban and County Affairs.

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

SR 511. By Senator Gillis of the 20th:
A resolution creating the Joint Study Committee on State and Local Government Environmental Enforcement Authority.

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The House substitute to SR 511 was as follows:
A RESOLUTION
Creating the Joint Study Committee on State and Local Government Environmental Enforcement Authority; and for other purposes.
WHEREAS, it is the policy of the state to provide for the protection of Georgia's land, water, and air resources; and
WHEREAS, numerous state laws and regulations have been enacted to assure that Georgia's environmental resources are adequately protected; and
WHEREAS, the authority and responsibility to enforce environmental laws and regula tions is shared between the Environmental Protection Division of the Department of Natu ral Resources and county and municipal governments; and
WHEREAS, continued growth and development in Georgia requires that the state's environmental protection laws and regulations provide the state and municipal and county governments with adequate, coordinated enforcement authority; and
WHEREAS, the authority and capacity of the Environmental Protection Division and municipal and county governments to enforce environmental laws and regulations are not consistent due to state constitutional and statutory limitations; and
WHEREAS, a comprehensive review of the authority and capacity of Georgia's state, county, and municipal governments to enforce state and federal environmental statutes and regulations and to prosecute, adjudicate, and impose penalties for violations of such statutes and regulations is needed to ensure that the state's environmental resources are adequately protected.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is created the Joint Committee on State and Local Government Envi ronmental Enforcement Authority to be composed of three members of the House of Repre sentatives to be appointed by the Speaker of the House of Representatives, three members of the Senate to be appointed by the President of the Senate, the commissioner of natural resources or his designee and the director of the administrative office of the courts, ex officio, and eight members from the public and private sectors to be appointed by the Gover nor. The members of the public and private sectors shall include two elected or appointed county officials, two elected or appointed municipal officials, one representative of the busi ness community, one representative of an environmental organization, and two members from the public at large. The members of the committee shall elect a chairman, a vice chair man, and a secretary.
BE IT FURTHER RESOLVED that the committee shall undertake a study of the con ditions, needs, issues, and problems enumerated above and recommend any actions or legis lation which the committee deems necessary or appropriate. The committee may conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this resolution. All members of the committee except the execu tive and judicial branch members shall receive the allowances authorized for legislative members of interim legislative committees but shall receive the same for not more than five days unless additional days are authorized. The executive and judicial branch members shall be reimbursed for actual and necessary expenses incurred by them in carrying out their duties from the funds of their respective branches. Except as otherwise provided in this resolution, the funds necessary to carry out the provisions of this resolution shall come from the funds of the legislative branch of government. The committee shall make a report of findings and recommendations, with suggestions for proposed legislation and funding, if any, on or before December 1, 1992. The committee shall stand abolished on December 31, 1992.

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Senator Gillis of the 20th moved that the Senate agree to the House substitute to SR 511.

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 B urton
^CCool?lleimnsan Dawkins Deal D ean Echols Edge Egan English Foster

Garner Gillis Hammill Harris Hasty Henson Hill
uHouo&kgsl ns J h TM on Kldd Langford Marable Moye Newbill Perdue Perry

Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson
S0S4tc.eoitntb. erg Tate Taylor Timmons Turner Tysinger Walker of 22nd Walker of 43rd White

Those not voting were Senators:

Brown of 26th Shumake

Starr

Thompson

On the motion, the yeas were 52, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SR 511.

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

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.
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 Coleman Collins Dawkins

Deal Dean Echols Edge Egan English

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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 Starr Steinberg Tate Taylor Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White

Not voting were Senators Hill and Shumake.

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

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

The following bill of the Senate, having been taken up previously today and action suspended subject to the printing of the House substitute, was continued upon its consideration:

SB 119. By Senator Newbill of the 56th:
A bill to amend Code Section 36-31-2 of the Official Code of Georgia Annotated, relating to the minimum distance between proposed corporate boundaries and boundaries of existing municipal corporations generally, so as to provide an ex ception for certain municipal corporations; to provide an effective date.

On the adoption of the motion offered by Senator Dawkins of the 45th to agree to the House substitute to SB 119, a roll call was taken, and the vote was as follows;

Those voting in the affirmative were Senators:

Albert Alien Baldwin
Bish P BBrowuenn of, 46th Bp.urton Coleman Collins Dawkins Deal Dean Echols

Edge English Foster
Gillis HHaarmrimg ill H,, asty Hil1 Hooks Huggins Marable Newbill Perdue

Perry Phillips Pollard
Ragan of 10th RRagan of 32nd RD obu-inson Sta" Thompson Timmons Turner Tysinger White

Those voting in the negative were Senators:

Brown of 26th Egan Henson Kidd

Langford Moye Scott Steinberg

Tate Taylor Walker of 43rd

MONDAY, MARCH 30, 1992

2953

Those not voting were Senators:
Garner (excused conferee) Ramsey Johnson (excused conferee) Shumake

Walker of 22nd

On the adoption of the motion offered by Senator Dawkins of the 45th, the yeas were 40, nays 11; the motion prevailed, and the Senate agreed to the House substitute to SB 119.

Senator Walker of the 43rd gave notice that, at the proper time, he would move that the Senate reconsider its action in agreeing to the House substitute to SB 119.

The President stated that, as provided for in Senate Rule 94, he would set the time to entertain the motion to reconsider for 2:30 o'clock P.M. today.

The President announced that the Senate would stand in recess from 1:00 o'clock P.M. until 2:00 o'clock P.M.

At 2:00 o'clock P.M., the President called the Senate to order.

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

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.
Senate Sponsor: Senator Broun of the 46th.

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

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

Those voting in the affirmative were Senators:

Albert Bowen Broun of 46th Clay Coleman Collins Dawkins Dean Echols Edge

Egan Foster Garner Gillis Hammill Harris Huggins Johnson Kidd Marable

Moye Newbill Perry Pollard Starr Thompson Timmons Turner Tysinger White

Those not voting were Senators:

Alien Baldwin Bishop Brown of 26th Burton Deal English Hasty Henson

Hill Hooks (excused conferee) Langford Perdue Phillips Ragan of 10th Ragan of 32nd Ramsey Ray

Robinson Scott Shumake Steinberg Tate Taylor Walker of 22nd (excused conferee) Walker of 43rd

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JOURNAL OF THE SENATE

On the passage of the bill, the yeas were 30, nays 0.

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

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.
Senate Sponsors: Senators Pollard of the 24th and Edge of the 28th.

Senators Coleman of the 1st and Kidd of the 25th offered the following amendment:

Amend HB 1721 by striking lines 20 and 21 and inserting in lieu thereof the following: "paid into the Georgia Crime Victims Emergency Fund".

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

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

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

Those voting in the affirmative were Senators:

Albert Alien Baldwin Bowen Broun of 46th Burton Clay Coleman Collins Dawkins Dean Echols Edge Egan Foster

Garner Gillis Hammill Harris Hasty Henson Huggins Johnson Kidd Marable Moye Newbill Perdue Perry

Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Scott Starr Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White

Those not voting were Senators:

Bishop Brown of 26th Deal English Hill

Hooks Langford Phillips Robinson

Shumake Steinberg Tate Taylor

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

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

MONDAY, MARCH 30, 1992

2955

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.
Senate Sponsor: Senator Starr of the 44th.

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

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

Those voting in the affirmative were Senators:

Albert Alien Baldwin Bishop Bowen Broun of 46th
^rton day Coleman Collins Dawkins Deal Dean Echols
Edge

Egan English Garner Gillis Hammill Harris
Hasty Henson Hill Huggins Johnson Kidd Marable Newbill
Perdue

Perry Pollard Ragan of 10th Ragan of 32nd Ramsey p^ Robinson
urner Tysinger Walker of 22nd Walker of 43rd White

Those not voting were Senators:

Brown of 26th Foster Hooks Langford

Moye Phillips Shumake Steinberg

Tate Taylor Thompson Timmons

On the passage of the bill, the yeas were 44, nays 0.

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

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

HB 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.

The House amendment to the Senate substitute to HB 1039 was as follows:

Amend the Senate substitute to HB 1039 by inserting on line 7 of page 6, between the word "person" and the symbol ";", the following:
"or a mobile home or manufactured home intended for use as such person's primary or secondary residence".

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JOURNAL OF THE SENATE

Senator Hasty of the 51st moved that the Senate agree to the House amendment to the Senate substitute to HB 1039.

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 Burton Clay Coleman Collins Dawkins Deal Dean Echols 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 Scott Starr Steinberg Thompson Turner Tysinger Walker of 22nd Walker of 43rd White

Those not voting were Senators:

Brown of 26th Edge Langford

Moye Shumake Tate

Taylor Timmons

On the motion, the yeas were 48, nays 0; the motion prevailed, and the Senate agreed to the House amendment to the Senate substitute to HB 1039.

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

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.

Senator Steinberg of the 42nd moved that the Senate insist upon the Senate substitute to HB 1519.

On the motion, the yeas were 30, nays 0; the motion prevailed, and the Senate insisted upon the Senate substitute to HB 1519.

The following resolution of the Senate was taken up for the purpose of considering the House substitute 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.

MONDAY, MARCH 30, 1992

2957

The House substitute to SR 431 was as follows:
A RESOLUTION
Creating the special Study Commission on Postsecondary Technical and Adult Educa tion Finance; and for other purposes.
WHEREAS, there are 28 technical institutes owned and operated by the State of Geor gia and governed by a 15 member State Board of Technical and Adult Education; and
WHEREAS, since the inception of the agency in 1986, the State Department of Techni cal and Adult Education has effectively developed a unified system of technical and adult education resulting in a vastly improved program of service delivery for the citizens of Geor gia; and
WHEREAS, enrollment in the state's technical institutes has reached record levels with virtually every institute operating at or exceeding its capacity which has resulted in denying training opportunities to hundreds of students due to inadequate space and lack of instruc tors; and
WHEREAS, while only 25 percent of Georgia's students receive a high school diploma and a college degree, the remaining 75 percent drop out before completing a college degree program; and
WHEREAS, most of the 75 percent of Georgia's students who drop out prior to comple tion of a college degree will need specific occupational training in order to be employable in the workforce of the future; and
WHEREAS, through the department's Adult Literacy program thousands of high school dropouts, as well as individuals employed by Georgia businesses, are participating in G.E.D. education renewal, basic education, occupational diploma and associate degree pro grams; and
WHEREAS, Georgia's ability to compete in a global economy depends primarily on providing a highly skilled technically trained workforce that meets the needs of the employ ers and is adaptable to a changing workplace; and
WHEREAS, an investment in the education and training of the state's workforce pro motes and enhances the economic vitality of every Georgia community; and
WHEREAS, the Department of Technical and Adult Education is the only state educa tion agency which has no formula-based funding criteria applied to its annual appropriation and receives less than 3.5 percent of the total state budget for education; and
WHEREAS, the lack of a funding formula continues to have an adverse effect on the Department of Technical and Adult Education's ability to provide needed services due to spiraling operating costs, capital expansion required for new and expanding programs, addi tional instructors, maintenance, repair and renovation of existing facilities, equipment, and various other support functions; and
WHEREAS, it is in the best interests of the State of Georgia to maintain a high quality world class system of technical and adult education in response to the increasing training and educational needs of Georgia's citizens.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that a special study commission is created to define the needs of the State De partment of Technical and Adult Education for state formula funding and to determine a way of addressing these needs. The study commission will consist of 16 members as follows:
(1) Eight members appointed by the Governor representing various business and eco nomic development interests in Georgia, one of whom shall be designated by the Governor to serve as chairman of the commission;
(2) Two members of the House of Representatives appointed by the Speaker of the House of Representatives;

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(3) Two members of the Senate appointed by the President of the Senate; and
(4) Four officials or employees of the State Department of Technical and Adult Educa tion appointed by the State Board of Technical and Adult Education.
BE IT FURTHER RESOLVED that the members of the commission shall receive the expenses and allowances provided by law for legislative members of interim legislative com mittees. The legislative members of the commission shall receive such expenses and al lowances from funds appropriated or available to the Senate and House of Representatives. The commission shall meet upon call of the chairman and is authorized to hold meetings and conduct studies at such times and places as the commission deems advisable in carrying out its duties; provided, however, the commission shall meet for not more than five days in carrying out its duties under this resolution. Except for the payment of expenses and al lowances of legislative members of the commission, the funds necessary to carry out the provisions of this resolution shall come from funds appropriated or available to the State Board of Technical and Adult Education and from donations to the commission received from private business interests in Georgia. The commission shall be authorized to accept such donations to assist in funding the costs of carrying out the provisions of this resolution. Any such donated funds which are not expended for the purposes of this resolution shall be refunded to the donors. The work of the commission will be facilitated by an independent staff coordinator with demonstrated knowledge and expertise in education finance with sup port staff from the Governor's Office, the House of Representatives, and the Senate. The commission shall make a final report of its findings and recommendations and submit such report to the Governor on or before December 31, 1992. The commission shall stand abol ished on December 31, 1992.

Senator Ragan of the 10th moved that the Senate agree to the House substitute to SR 431.

On the motion, 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 Deal Dean Echols Edge Egan

English Foster Gillis Harris Hasty Henson Hill Hooks Huggins Kidd Marable Newbill Perdue Perry Phillips

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

Those not voting were Senators:

Alien Brown of 26th Garner (excused conferee) Hammill

Johnson (excused conferee) Moye Shumake

Tate Taylor Timmons

On the motion, the yeas were 45, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SR 431.

MONDAY, MARCH 30, 1992

2959

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

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.

Senator Kidd of the 25th moved that the Senate insist upon the Senate amendments to HB 277.

On the motion, the yeas were 35, nays 0; the motion prevailed, and the Senate insisted upon the Senate amendments to HB 277.

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

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.
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
p,urton cSlins Dawkins D ean Echols Edge Egan English Foster

Gillis Hammill Harris Hasty
Henson Hill Hooks
Huggins idd hl Marable Moye Newbill Perdue Perry Phillips Pollard

Ragan of 10th Ragan of 32nd Ramsey Ray
Robinson Scott gtarr
Steinberg Taylor Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White

Those not voting were Senators:

Coleman

Deal (excused conferee)

Garner (excused conferee)

2960

JOURNAL OF THE SENATE

Johnson (excused conferee) Shumake

Tate

Langford

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

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

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.
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 Broun of 46th Brown of 26th Burton Clay Collins Dawkins Dean Echols Edge Egan English Foster

Gillis Hammill Harris Hasty Henson Hill Hooks Huggins 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 Walker of 43rd White

Those not voting were Senators:

Coleman

Johnson (excused conferee) Moye

Deal (excused conferee) Langford

Shumake

Garner (excused conferee)

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

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

Time having arrived for the entertainment of the reconsideration motion, Senator

MONDAY, MARCH 30, 1992

2961

Walker of the 43rd moved that the Senate reconsider its action previously today in agreeing to the House substitute to the following bill of the Senate:

SB 119. By Senator Newbill of the 56th:
A bill to amend Code Section 36-31-2 of the Official Code of Georgia Annotated, relating to the minimum distance between proposed corporate boundaries and boundaries of existing municipal corporations generally, so as to provide an ex ception for certain municipal corporations; to provide an effective date.

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 Bowen
Brown of 26th Clay Collins Dean Echols Egan

Gillis Hooks Kidd Langford
Moye Perry Phillips Pollard Ragan of 10th Ramsey

Ray Scott Starr Steinberg
Tate Timmons Turner Walker of 22nd Walker of 43rd White

Those voting in the negative were Senators:

Baldwin Burton Coleman DEdagwekms
English Foster

Hammill Harris Hasty HHielnl son
Huggins Marable

Newbill Perdue Ragan of 32nd Rob, i.nson
Taylor Tysinger

Those not voting were Senators:

Broun of 46th Deal (excused conferee)

Garner (excused conferee) Johnson (excused conferee)

Shumake Thompson

On the motion, the yeas were 30, nays 20; the motion prevailed, and the agreement to the House substitute to SB 119 was reconsidered.

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

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.
Senate Sponsor: Senator Tate of the 38th.

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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 14, 1992

SUBJECT: House Bill 1753 (LC 21 1584) Teachers Retirement System

This bill would allow a retired member who had elected one of several spousal options to revoke the election in the case of the spouse's death and elect a new actuarially equivalent option.

This is to certify that this is a nonfiscal retirement bill as defined in the Public Retire ment Systems Standards Law.

/s/ G. W. Hogan State Auditor

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

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

Those voting in the affirmative were Senators:

Albert Alien Baldwin
Bishop Bowen Broun of 46th Brown of 26th
^,urton Coleman Collins Dawkins Dean Echols Edge English Foster

Gillis Hammill Harris
Hasty Henson Hm Kidd
Langford parable Mye 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:
Deal (excused conferee) Hooks Garner (excused conferee) Huggins

Johnson (excused conferee) Shumake

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

MONDAY, MARCH 30, 1992

2963

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 agreed to the Senate substitute, as amended by the House, to the fol lowing bill of the House:
HB 2069. By Representatives Padgett of the 86th, Williams of the 90th and others: A bill to amend an Act creating the board of commissioners of Richmond County, so as to change the composition of the board.
The following general bills of the House, favorably reported by the committees, were read the third time and put upon their passage:
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.
Senate Sponsor: Senator Scott of the 36th.
The Senate Committee on Youth, Aging and Human Ecology offered the following sub stitute to HB 1640:
A BILL
To be entitled an Act to amend Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, the "Fair Business Practices Act of 1975," so as to prohibit unlicensed personal care home operators from making certain representations re garding services; to prohibit licensed personal care home operators from making certain rep resentations regarding scope of care provided without specific authorization; to provide for jurisdiction; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, the "Fair Business Practices Act of 1975," is amended by striking from subsec tion (b) of Code Section 10-1-393, relating to unfair or deceptive practices in consumer transactions, the word "or" at the end of paragraph (24) and by striking the period at the end of paragraph (25) and inserting in lieu thereof "; or" and by inserting a new paragraph (26) to read as follows:
"(26) With respect to any individual or facility providing personal care services:
(A) Any person or entity not duly licensed or registered as a personal care home for mally or informally offering, advertising to, or soliciting the public for residents or referrals;
(B) Any personal care home, as defined in subsection (a) of Code Section 31-7-12, offer ing, advertising, or soliciting the public to provide services:
(i) Which are outside the scope of personal care services; and
(ii) For which it has not been specifically authorized.
Nothing in this subparagraph prohibits advertising by a personal care home for services

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JOURNAL OF THE SENATE

authorized by the Department of Human Resources under a waiver or variance pursuant to subsection (b) of Code Section 31-2-4;
(C) For purposes of this paragraph, 'personal care' means protective care and watchful oversight of a resident who needs a watchful environment but who does not have an illness, injury, or disability which requires chronic or convalescent care including medical and nurs ing services.
The provisions of this paragraph shall be enforced following consultation with the De partment of Human Resources which shall retain primary responsibility for issues relating to licensure of any individual or facility providing personal care services."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

Senator Phillips of the 9th offered the following amendment:

Amend the substitute to HB 1640 offered by the Senate Committee on Youth, Aging and Human Ecology by adding on page 2 after line 17, the following:
"(D) Personal care homes for more than two residents shall be operated according to local zoning ordinances and development restrictions."

On the adoption of the amendment offered by Senator Phillips of the 9th, the yeas were 27, nays 14, and the amendment was adopted.

Senator Scott of the 36th moved that the Senate reconsider its action in adopting the amendment offered by Senator Phillips of the 9th to the substitute to HB 1640 offered by the Senate Committee on Youth, Aging and Human Ecology.

On the motion offered by Senator Scott of the 36th, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Alien Baldwin Bishop Brown of 26th
CE~nloaglyelmishan Gillis Hammill Harris Hasty

Henson Hill Huggins Kidd
LM...aanrgafb,ol.red Move Perdue Pollard Ramsey

Ray Robinson Scott Starr
S,,Ttaet,ienberg Taylor Thompson Walker of 22nd Walker of 43rd

Those voting in the negative were Senators:

Bowen Broun of 46th
C,, o,l,h. ns Dawkins Dean

Echols Edge
Egan
Newbill Perry

Phillips Ragan of 32nd
Timmons
Turner Tysinger

Those not voting were Senators:

Albert Deal (excused conferee) Foster

Garner (excused conferee) Hooks Johnson (excused conferee)

Ragan of 10th Shumake White

MONDAY, MARCH 30, 1992

2965

On the motion offered by Senator Scott of the 36th, the yeas were 31, nays 16, and the amendment offered by Senator Phillips of the 9th to the substitute to HB 1640 offered by the Senate Committee on Youth, Aging and Human Ecology was reconsidered.

On the adoption of the amendment offered by Senator Phillips of the 9th, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Bowen Burton Collins Dawkins Dean Edge Egan

Garner Hasty Huggins Langford Perry Phillips Pollard

Ragan of 32nd Robinson Timmons Turner Tysinger Walker of 22nd White

Those voting in the negative were Senators:

Baldwin Bishop Broun of 46th Brown of 26th Clay Coleman Echols English Foster

Gillis
Hammill Harris Henson Hill Kidd Marable Moye Newbill

Perdue Ramsey Ray Scott Starr Steinberg Taylor Thompson Walker of 43rd

Those not voting were Senators:

Alien Deal (excused conferee) Hooks

Johnson (excused conferee) Ragan of 10th

Shumake Tate

On the adoption of the amendment offered by Senator Phillips of the 9th, the yeas were 22, nays 27, and the amendment was lost.

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 Baldwin Bishop Bowen Broun of 46th Brown of 26th Burton Clay

Coleman Collins Dawkins Dean Echols Edge Egan English

Foster Gillis Hammill Harris Henson Hill Huggins Kidd

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JOURNAL OF THE SENATE

Langford Marable Moye Newbill Perdue Perry Phillips Pollard

Ragan of 32nd Ramsey Ray Robinson Scott Starr Steinberg Tate

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

Those not voting were Senators:

Alien

Hasty

Deal (excused conferee) Hooks (excused conferee)

Garner (excused conferee) Johnson (excused conferee)

Ragan of 10th Shumake

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 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.
Senate Sponsor: Senator Walker of the 22nd.

Senator Taylor of the 12th offered the following amendment:

Amend HB 1979 by:
(1) Striking Section 2 in its entirety beginning on page 2, line 13, and inserting in lieu thereof new Section 2 to read as follows:
Section 2. Article 1 of Chapter 9 of Title 45 of the Official Code of Georgia Annotated, relating to insuring and indemnification of state officers and employees, is amended by ad ding after subparagraph (d) of Code Section 45-9-4 a new subparagraph (e) to said Code section, to read as follows:
"(e) If requested by the Georgia State Finance and Investment Commission, the com missioner of the Department of Administrative Services is authorized, at the commissioner's discretion, to establish a consolidated insurance program to furnish general liability insur ance, workers' compensation insurance, builders' risk insurance, or general liability and workers' compensation and builders' risk insurance for all contractors on a construction pro ject (wrap up). The premium for such insurance shall be paid from funds appropriated by the General Assembly to construct the project, and, at the completion of a project, any savings attributable to the consolidated insurance program less administrative costs shall be returned by the Department of Administrative Services to the Georgia State Finance and Investment Commission."
(2) Striking Section 3 in its entirety beginning on page 2, line 16, and inserting in lieu thereof a new Section 3 to read as follows:
Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
(3) Adding a new Section 4 to read as follows:
Section 4. All laws and parts of laws in conflict with this Act are repealed.

MONDAY, MARCH 30, 1992

2967

On the adoption of the amendment, the yeas were 29, nays 2, and the amendment was adopted.

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

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

Those voting in the affirmative were Senators:

Albert Baldwin Bishop Bowen Broun of 46th Brown of 26th
1uarton CCn ool,lleimnsan Dawkins D ean Echols Edge Egan Foster

Gillis Hammill Harris Hasty Henson Hm
Huggins MLaanrg&afbolred Mye Newbill Perdue Perry Phillips Pollard

Ragan of 32nd Ramsey Ray Robinson Scott gtarr
Steinberg Tate Taylor Thompson Timmons Turner Tysinger Walker of 22nd White

Those not voting were Senators:

Alien Deal (excused conferee) English Garner (excused conferee)

Hooks (excused conferee) Johnson (excused conferee) Kidd Ragan of 10th

Shumake Walker of 43rd (excused
conferee)

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

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

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

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

On 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

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JOURNAL OF THE SENATE

Egan Foster Gillis Hammill HHaarsrtiys
Henson Hill Huggins Langford

Marable Newbill Perdue Perry PPhoillllairpds
Ragan of 32nd Ray Robinson Scott

Starr Steinberg fate Tavlor TTimm'ons
lurner Tysinger Walker of 22nd White

Those not voting were Senators:

Alien Bishop BDreoaul n(eoxfcu4s6etdh conferee) English Garner (excused conferee)

Hooks (excused conferee) Johnson (excused conferee) ,,K.ld, d, Moye Ragan of 10th

Ramsey Shumake ,,T,h, ompson Walker of 43rd (excused
conferee)

On the passage of the bill, the yeas were 41, nays 0.

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

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.
Senate Sponsor: Senator Gillis of the 20th.

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

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

Those voting in the affirmative were Senators:

Albert Baldwin Bowen Brown of 26th Burton lav Coleman Collins DDaewankins
Echols
Edge
Egan English
Foster

Gillis Hammill Harris Hasty Henson TMU Huggins Langford MNeawrabbillle
Perdue
Perry
Phillips Pollard
Ragan of 32nd

Ramsey Ray Robinson Scott Starr Steinberg Tate ,,, Tl?hyolmOTpson
Timmons
Turner
Tysinger Walker of 22nd
White

MONDAY, MARCH 30, 1992

2969

Those not voting were Senators:

Alien Bishop BDreoaul n(eoxfcu4s6etdh conferee) Garner (excused conferee)

Hooks (excused conferee) Johnson (excused conferee) Kldd Moye

Ragan of 10th Shumake Walker of 43rd (excused
conferee)

On the passage of the bill, the yeas were 44, 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 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 House substitute to SB 563 was as follows:

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 function, or school property or on a bus or other transportation furnished by the school certain weapons or explosive com pounds; 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, schools or school functions, churches or church 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."

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JOURNAL OF THE SENATE

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 function, or school property or on a bus or other transportation furnished by the school any weapon or explosive com pound, other than fireworks the possession of which is regulated by Chapter 10 of Title 25. Any person who violates this subsection shall, upon conviction thereof, be punished by a fine of not more than $5,000.00, by imprisonment for not less than one nor more than five 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, straight-edge razor, spring stick, metal knucks, blackjack, or any flailing instrument 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 property, 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 school property or on a bus or other transportation furnished by the school;
(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 property or on a bus or other transportation furnished by the school, or when such vehicle is used to transport someone to an activity being conducted on school property which has been authorized by a duly authorized official of the school;
(7) Persons employed in fulfilling defense contracts with the government of the United States or agencies thereof when possession of the weapon is necessary for manufacture, transport, installation, and testing under the requirements of such contract;

MONDAY, MARCH 30, 1992

2971

(8) Those employees of the State Board of Pardons and Paroles when specifically desig nated and authorized in writing by the members of the State Board of Pardons and Paroles to carry a weapon;
(9) The Attorney General and those members of his staff whom he specifically autho rizes in writing to carry a weapon;
(10) Probation supervisors employed by and under the authority of the Department of Corrections pursuant to Article 2 of Chapter 8 of Title 42, known as the 'State-wide Proba tion Act,' when specifically designated and authorized in writing by the director of Division of Probation;
(11) Public safety directors of municipal corporations; and
(12) Trial judges."
Section 3. All schools shall post in public view the provisions as contained in Section 16-11-127.1 (a) and (b).
Section 4. All laws and parts of laws in conflict with this Act are repealed.
Senator Newbill of the 56th moved that the Senate agree to the House substitute to SB 563.
On the motion, a roll call was taken, and the vote was as follows:
Those voting in the affirmative were Senators:

Albert Baldwin Bowen Broun of 46th Brown of 26th Burton Clay Coleman Collins Dawkins Dean Echols Edge Egan English

Foster Gillis Hammill Harris Hasty Henson Hill Huggins Langford Marable Newbill Perdue Perry Phillips Pollard

Ragan of 32nd Ramsey Ray Robinson Scott Starr Steinberg Tate Taylor Thompson Timmons Turner Tysinger Walker of 22nd White

Those not voting were Senators:

Alien Bishop Deal (excused conferee) Garner (excused conferee)

Hooks Johnson (excused conferee) Kidd Moye

Ragan of 10th Shumake Walker of 43rd (excused
conferee)

On the motion, the yeas were 45, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 563.

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JOURNAL OF THE SENATE

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

HB 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.
Senate Sponsor: Senator Taylor of the 12th.

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

Amend HB 1502 by striking from line 32 of page 6 the following: "licensed insurance agencies" and inserting in lieu thereof the following:
"insurance agencies". By striking the word "or" on line 33 of page 6.
By adding on line 34 of page 6 after the word "agencies" and before the period the following:
"licensed securities dealers, licensed limited securities dealers, licensed securities sales men, or licensed limited securities salesmen".

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

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

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

Those voting in the affirmative were Senators:

Albert Baldwin Bowen Broun of 46th Brown of 26th Burton day Coleman DCoawlliknisns
Dean
Echols
Edge
Egan English

Foster Gillis Hammill Harris Hasty Henson Huggins Langford MMoayraeble
Newbill
Perdue
Perry
Phillips Pollard

Ragan of 32nd Ramsey Ray Robinson Scott Starr Steinberg _ la, ylor
Timmons
Turner
Tysinger
Walker of 22nd White

Those not voting were Senators:

Alien 5Deal,P(excused, conf,.eree), Garner (excused conferee) Hill

Hooks (excused conferee) Johnson (excused conferee) Kldd Ragan of 10th

Shumake

T,h,,om,,pso,n,,,/

,

Walker of 43rd (excused

conferee)

MONDAY, MARCH 30, 1992

2973

On the passage of the bill, the yeas were 44, nays 0.

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

HB 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.
Senate Sponsor: Senator Gillis of the 20th.

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

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

Those voting in the affirmative were Senators:

Albert Baldwin Bishop Bowen Broun of 46th Brown of 26th Burton
Clay Coleman Collins Dawkins Dean Echols Edge Egan

Foster Gillis Hammill Harris Hasty Henson Hill Huggins Langford Marable Moye Newbill Perdue Perry Phillips

Pollard Ragan of 32nd Ramsey Ray Robinson Scott Starr Steinberg Tate Taylor Timmons Turner Tysinger White

Those not voting were Senators:

Alien Deal (excused conferee English Garner (excused conferee)
Hooks (excused conferee)

Johnson (excused conferee) Kidd
Ra&an of 10th Shumake

Thompson Walker of 22nd Walker of 43rd (excused
conferee)

On the passage of the bill, the yeas were 44, nays 0.

Senator English of the 21st asked unanimous consent that the following statement be placed in the Journal; the consent was granted, and the statement is as follows:
"I voted yea and Walter Ray, the Senator who occupies the adjoining seat, inadver tently hit my button and no vote was recorded."

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

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

2974

JOURNAL OF THE SENATE

establish possession limits for certain fish; to require that certain fish be landed with the head and fins intact.
Senate Sponsor: Senator Hammill of the 3rd.

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

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

Those voting in the affirmative were Senators:

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 Huggins Kidd Langford Marable Moye Newbill Perdue Perry Phillips

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

Those not voting were Senators:

Alien

Hooks (excused conferee) Shumake

Deal (excused conferee) Johnson (excused conferee) Walker of 43rd (excused

Garner (excused conferee) Ragan of 10th

conferee)

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

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

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.
Senate Sponsor: Senator Walker of the 22nd.

The Senate Committee on Health and Human Services offered the following amendment:

Amend HB 1312 by adding at the end of line 25 on page 4 the following:
"The department shall develop procedures to ensure that priority treatment be given to any child covered under this Code section."

On the adoption of the amendment, the yeas were 33, nays 0, and the amendment was adopted.

MONDAY, MARCH 30, 1992

2975

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 Dean Echols Edge Egan

Foster Gillis Hammill Harris Hasty Henson Hill Huggins Kidd Langford Marable Moye Newbill Perdue Perry Phillips

Pollard Ragan of 32nd Ramsey Ray Robinson Scott Starr Steinberg Tate Taylor Thompson Turner Tysinger Walker of 22nd White

Those not voting were Senators:

Deal (excused conferee) English Garner (excused conferee) Hooks (excused conferee)

Johnson (excused conferee) Ragan of 10th Shumake

Timmons Walker of 43rd (excused
conferee)

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 bills of the Senate were taken up for the purpose of considering the House substitutes thereto:

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 House substitute to SB 546 was as follows:

A BILL
To be entitled an Act to amend Article 6 of Chapter 10 of Title 47 of the Official Code of Georgia Annotated, relating to retirement allowances under the Trial Judges and Solici tors Retirement Fund, so as to provide that the governing authority of a county may supple ment the benefit of a superior court judge or a state court judge who is receiving benefits under such fund under certain conditions; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 6 of Chapter 10 of Title 47 of the Official Code of Georgia Annotated,

2976

JOURNAL OF THE SENATE

relating to retirement allowances under the Trial Judges and Solicitors Retirement Fund, is amended by inserting at the end thereof the following:
"47-10-108. (a) Whenever any county within a judicial circuit supplements the state salary paid to active superior court judges of said circuit, the governing authority of such county shall be authorized, but not required, to supplement the benefit being paid pursuant to this chapter to any former superior court judge of said circuit who is receiving benefits pursuant to this chapter or to supplement the benefit being paid pursuant to this chapter to any beneficiary of any such former superior court judge. The county supplement to any such benefit may not exceed the percentage which the respective county salary supplement paid to active superior court judges of the circuit bears to the state salary of active superior court judges.
(b) Whenever any county which has a state court supplements the salary prescribed by local law for the judges of such court, the governing authority of such county shall be au thorized, but not required, to supplement the benefit being paid pursuant to this chapter to any former state court judge of such court who is receiving benefits pursuant to this chapter or supplement the benefit being paid pursuant to this chapter to any beneficiary of any such former state court judge. The county supplement to any such benefit may not exceed the percentage which the respective county salary supplement paid to active state court judges of such court bears to the salary prescribed by local law for such active state court judges."
Section 2. 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 Bill Cummings, Chairman

House Retirement Committee

FROM:

G. W. Hogan, State Auditor

DATE:

March 2, 1992

SUBJECT: Senate Bill 546 (Substitute) (LC 21 1716S) Trial Judges and Solicitors Retirement Fund

This Bill would allow any county within a judicial circuit, or which has a state court, which supplements the state salary paid to active judges of that court to also supplement the benefits paid to retired judges and their beneficiaries. The county supplements paid to retired judges and their beneficiaries would be limited to the retired judge's state benefits times the ratio of the county supplement paid to active judges and the state salary of active judges.

This is to certify that this is a nonfiscal retirement bill as defined in the Public Retire ment Systems Standards Law.

/a/ G. W. Hogan State Auditor

Senator Clay of the 37th moved that the Senate agree to the House substitute to SB 546.

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

Those voting in the affirmative were Senators:

MONDAY, MARCH 30, 1992

2977

Albert Alien Baldwin Bishop
Bowen Broun of 46th Brown of 26th
*TMn Coleman Collins Dawkins Deal Dean Egan Foster

Gillis Hammill Harris Hasty
Henson Hm Huggmg
Kidd Langford Marable Move Newbill Perdue Perry Phillips

Pollard Ragan of 32nd Ramsey Ray
Robinson gcott Starr
Steinberg Tate Taylor Thompson Timmons Turner Tysinger White

Those not voting were Senators:

Echols Edge English Garner (excused conferee)

Hooks (excused conferee) Johnson (excused conferee) Ragan of 10th Shumake

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

On the motion, the yeas were 46, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 546.

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.

The House substitute to SB 489 was as follows:

A BILL
To be entitled an Act to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles, so as to revise the requirements and procedures relative to im plied consent; to provide for the suspension of a driver's license or the disqualification 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 driving under the influence of alco hol; to change the period of suspension for refusal of a test for determining whether a driver is under the influence of alcohol; to provide for periods of suspension or disqualification; to provide for an exception; to provide for temporary driving permits and limited driving per mits; to provide for procedures; to provide for notice; to provide for administrative and judicial review; to change certain reinstatement procedures and requirements; to clarify the nature and applicability of certain driver improvement programs; to provide for editorial revision; to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to correct incorrect references to Title 40; to provide for related matters; to provide for the eventuality of a conflict with certain other legislation; 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,

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JOURNAL OF THE SENATE

is amended by striking Code Section 40-5-55, relating to implied consent to chemical tests, in its entirety and inserting in lieu thereof a new Code Section 40-5-55 to read as follows:
"40-5-55. (a) The State of Georgia considers that the persons who are under the influ ence of alcohol or drugs while operating a motor vehicle or who have a blood alcohol concen tration of 0.10 grams or more at any time within three hours after operating a motor vehicle from alcohol consumed before such driving or actual physical control ended or who have any amount of marijuana or any controlled substance without prescription present in their blood or urine, without regard to the presence of alcohol, while operating a motor vehicle consti tute a direct and immediate threat to the welfare and safety of the general public. There fore, any person who operates a motor vehicle upon the highways or elsewhere throughout this state shall be deemed to have given consent, subject to Code Section 40-6-392, to a chemical test or tests of his blood, breath, er urine, or other bodily substances; for the pur pose of determining the alcoholic or drug eontent" of hia blood presence of alcohol or any other drug, if arrested for any offense arising out of acts alleged to have been committed in violation of Code Section 40-6-391 or if such person is involved in any traffic accident result ing in serious injuries or fatalities. The test or tests shall be administered at the request of a law enforcement officer having reasonable grounds to believe that the person has been driv ing or was in actual physical control of a moving motor vehicle upon the highways or else where throughout this state in violation of Code Section 40-6-391. The test or tests shall be administered as soon as possible to any person who operates a motor vehicle upon the high ways or elsewhere throughout this state who is involved in any traffic accident resulting in serious injuries or fatalities. Subject to Code Section 40-6-392, the requesting law enforce ment officer shall designate which of the aforesaid test or tests shall be administered, pro vided that both a blood and urine test with drug screen shall be administered to any person operating a motor vehicle involved in a traffic accident resulting in serious injuries or fatalities.
(b) Any person who is dead, unconscious, or otherwise in a condition rendering him incapable of refusal shall be deemed not to have withdrawn the consent provided by subsec tion (a) of this Code section, and the test or tests may be administered, subject to Code Section 40-6-392.
(c) If a person under arrcat or a person who was involved in any traffic accident result ing in scrioua injuries or fatalities refuses, upon the request of a law enforcement officer, to submit to a chemical teat designated by the law enforcement officer as provided in subsec tion (a) of this Code section, no teat shall be given; but the department, upon the receipt of a aworn report of the law enforcement officer that he had reasonable grounds to believe the arrested person had been driving or was in actual physical control of a moving motor vehicle upon the highwaya or clacwhcrc throughout this atate in violation of Code Section 40-6 801 or that such pereon had been driving or was in actual physical control of a moving motor vehicle upon the highways or elsewhere throughout this atatc and was involved in a traffic accident which resulted in acrioua injuries or fatalities and that the person had refused to submit to the test upon the request of the law enforcement officer, shall in accordance with Chapter 13 of Title 60, the 'Georgia Administrative Procedure Act,' and except as otherwise provided in this Code section, notify the person that his license is to be suspended, subject to review as provided for in this chapter. The sworn report required by this aubscction of a law enforcement officer regarding the refusal of an arrested person to submit to a chemical test shall be tranamittcd to the department within ten days after the date of the arrest of such person, and the period of suspension ahall begin to run only after all administrative hearings and appeals have been exhausted. Any report of a law enforcement officer which has been tranamittcd to or received by the deportment more than ten days after the arrest shall be filed by the department for record purposes only, and no action shall be taken by the department. Aa used in this subsection, the term 'tranamittcd' shall mean deposited with the United States Postal Service, and a report under thia subsection shall be deemed to have been transmitted within the ten day period if it is postmarked on or before the tenth day after the date of arrest.
(d) The person so notified may request a hearing within ten days from the date of

MONDAY, MARCH 30, 1992

2979

fcccipt of notice sent by certified mail. Within 30 days after receiving a written request for a hearing, the department shall hold a hearing U8 is provided in Chapter 13 of Title 60, the 'Georgia Administrative Procedure Act.' After such hearing, the department ahall sustain its order of suspension or rescind such order. If no hearing is rcqucatcd within the ten days specified above, the right to a hearing ahall have been waived and the liccnac of the driver shall be auapcndcd.

(c) If the suspension ia sustained after such a hearing, the person whose liccnnc has been auapcndcd under this Code section ahall have a right to file for a judicial review of the department's final decision, as provided for in Chapter 18 of Title 60, the 'Georgia Adminis trative Procedure Act'; while such appeal is pending, the order of the department shall not be stayed.

(f) Subject to the limitations of this subsection, any law enforcement officer who at tends a hearing provided for by subsection (d) of this Code section for the purpose of giving testimony relative to the subject of such hearing ahall be compensated in the amount of $20.00 for each day'a attendance at such hearing. In the event a law enforcement officer gives tcatimony at two or more different hearings on the same day, aueh officer ahall receive only $20.00 for attendance at all hearings. The compensation provided for in this aubscction shall not be paid to any law enforcement officer who ia on regular duty or who ia on a lunch or other break from regular duty at the time the officer attends any such hearing. The eompcnaation provided for by this subsection shall be paid to the law enforcement officer by the department from department funda at such time and in auch manner aa the Board of Public Safety ahall provide by rulca or regulations of aaid board. The Board of Public Safety shall alao require verification of a low enforcement officer's qualifying to receive the payment authorized by thia subsection by requiring the completion of an appropriate document in substantially the following form.

IMPLIED CONSENT HEARING ATTENDANCE RECORD

OFFICER:

S.S. No.

ADDRESS! Street--------------------Gtty--------------------State--------------------Zip Code

DATE;

TIME:

A.M.

CASE!

This is to certify that the police officer named above attended an implied consent hear ing aa a witncaa or complainant on the date and time shown above.

HEARING OFFICER:

TITLE;

I certify that I appeared at the implied consent hearing described above on the date and time shown above and that I was not on regular duty at the time of attending the hearing and that I have not received and will not receive compensation from my regular employer for attending the hearing.
Signature of officer!----------------------------------------

APPROVED FOR PAYMENT:

Comptroller"

Section 2. Said title is further amended by striking Code Section 40-5-63, relating to periods of suspension and conditions of return of a license, in its entirety 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, unless the driver's license has been previously suspended pursuant to Code Sections 40-5-67.1 and 40-5-67.2, shall by operation

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of law be suspended and such suspension shall be subject to the following terms and conditions:
(1) Upon the first conviction of any such ofFense, with no arrest and conviction of and no plea of nolo contendere accepted to such offense within the previous five years, as mea sured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, the period of suspension shall be for 12 months. At the end of 120 days, the person may apply to the Department of Public Safety for reinstatement of his driver's license. Such license shall be reinstated if such person sub mits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources and pays a restoration fee of $36.00 or $26.00 $210.00 or $200.00 when such reinstatement is processed by mail, provided that, if such license was suspended as a result of a conviction of an offense listed in Code Section 40-554, such license shall be reinstated if such person submits proof of completion of either a defensive driving program approved by the Department of Public Safety or a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources and pays the prescribed restoration fee. A driver's license suspended as a result of a convic tion of a violation of Code Section 40-6-391 shall not become valid and shall remain sus pended until such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources and pays the pre scribed restoration fee. For purposes of this paragraph, an accepted plea of nolo contendere to an offense listed in Code Section 40-5-54 by a person who is under 18 years of age at the time of arrest shall constitute a conviction. For the purposes of this paragraph only, an accepted plea of nolo contendere by a person 18 years of age or older, with no conviction of and no plea of nolo contendere accepted to a charge of violating Code Section 40-6-391 within the previous five years, as measured from the dates of previous arrests for which convictions were obtained or pleas of nolo contendere accepted to the date of the current arrest for which a plea of nolo contendere is accepted, shall not be considered a conviction; however, the court having jurisdiction shall forward, as provided in Code Section 40-6-391.1, the record of such disposition of the case to the Department of Public Safety and the record of such disposition shall be kept on file for the purpose of considering and counting such accepted plea of nolo contendere as a conviction under paragraphs (2) and (3) of this subsection;
(2) Upon the second conviction of any such offense within five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, the period of suspension shall be for three years. At the end of 120 days, the person may apply to the Department of Public Safety for rein statement of his driver's license. Such license shall be reinstated if such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources and pays a restoration fee of $86.00 or $26.00 $210.00 or $200.00 when processed by mail, provided that, if such license was suspended as a result of a conviction of an offense listed in Code Section 40-5-54, such license shall be reinstated if such person submits proof of completion of either a defensive driving program approved by the Department of Public Safety or 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, a plea of nolo contendere and all previous accepted pleas of nolo contendere to an offense listed in Code Section 40-5-54 within such five-year period of time shall constitute a conviction. For the purposes of this paragraph, a plea of nolo con tendere to a charge of violation Code Section 40-6-391 and all prior accepted pleas of nolo contendere within five years, as measured from the dates of previous arrests for which con victions were obtained or pleas of nolo contendere were accepted to the date of the current arrest for which a plea of nolo contendere is accepted, shall be considered and counted as convictions; or
(3) Upon the third conviction of any such offense within five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, such person shall be considered a habitual violator,

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and his license shall be revoked as provided for in paragraph (1) of subsection (a) of Code Section 40-5-62. For purposes of this paragraph, a plea of nolo contendere and all previous accepted pleas of nolo contendere to an offense listed in Code Section 40-5-54 within such five-year period shall constitute a conviction. 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 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 cur rent 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 40-6-66 shall be for six months; provided, however, that the license suspension of a person who refused to submit to a teat or tcata provided in Code Section 40-6-66, but who within 180 daya of the date of arrest enters a plea of guilty to a charge of violating Code Section 40-6-801, 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 ia no prosecutor, from the judge authorizing the dele tion. If a person who has refused to submit to a test or teats provided for in Code Section 40-6-66 has been charged with homicide by a vehicle as provided in Code Section 40 6-808 or haa been charged with serious injury by vehicle as provided in Code Section 40 6-304, the period of the suspension shall be for 12 months.
{e} (b) 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.
{4} (c) 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 ft the applicable restoration fee of $86.00 or $26.00 when auch reinstatement is processed by
{e) (d) Any person convicted of violating subsection (a) of Code Section 40-6-393, relat ing 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 this chapter and shall not be eligible for a limited driving permit as provided in Code Section 40-5-64. For purposes of this subsection, an accepted plea of nolo contendere to homicide by vehicle in the first degree of serious injury by vehicle shall constitute a conviction."
Section 3. Said title is further amended by striking Code Section 40-5-64, relating to limited driving permits, in its entirety and inserting in lieu thereof a new Code Section 40-564 to read as follows:
"40-5-64. (a) To whom issued. Notwithstanding any contrary provisions of Code Section 40-5-57, or 40-5-63J or 40-5-67.2 or any other Code sections of this chapter, any person may apply for a limited driving permit when and only when that person's driver's license has been suspended in accordance with subsection (d) of Code Section 40-5-57, er paragraph (1) of subsection (a) of Code Section 40-5-63 or paragraph (1) of subsection (a) of Code Section 40-5-67.2, provided that such person has not had his driver's license suspended under Code Section 40-5-68.
(b) Application form. Applications for limited driving permits shall be made upon such forms as the commissioner may prescribe. Such forms shall require such information as is necessary for the department to determine the need for such permit. All applications shall be signed by the applicant before a person authorized to administer oaths.
(c) Standards for approval. The department shall issue a limited driving permit if the application indicates that refusal to issue such permit would cause extreme hardship to the

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applicant. For the purposes of this Code section, 'extreme hardship' means that the appli cant cannot reasonably obtain other transportation, and therefore the applicant would be prohibited from:
(1) Going to his place of employment or performing the normal duties of his occupation;
(2) Receiving scheduled medical care or obtaining prescription drugs;
(3) Attending a college or school at which he is regularly enrolled as a student;
(4) Attending regularly scheduled sessions or meetings of support organizations for per sons who have addiction or abuse problems related to alcohol or other drugs, which organi zations are recognized by the commissioner; or
(5) Attending under court order any driver education or improvement school or alcohol or drug program or course approved by the court which entered the judgment of conviction resulting in suspension of his driver's license or by the commissioner.
(d) Conditions attached. A limited driving permit shall be endorsed with such condi tions as the commissioner deems necessary to ensure that such permit will be used by the permittee only to avoid the conditions of extreme hardship. Such conditions may include the following restrictions:
(1) Specific places between which the permittee may be allowed to operate a motor vehicle;
(2) Routes to be followed by the permittee;
(3) Times of travel;
(4) The specific vehicles which the permittee may operate; and
(5) Such other restrictions as the department may require.
(e) Duration of permit. A permit issued pursuant to this Code section shall be $25.00 and shall be nonrenewable and shall become invalid upon the expiration of one year follow ing the effective date of suspension of the applicant's driver's license, except that such lim ited driving permit shall expire upon the earlier reinstatement of the driver's license. A person convicted of such offense whose driver's license had been surrendered to the court in which such conviction was adjudged may apply to the department for a limited driving per mit, immediately following such conviction. Upon the applicant's execution of an affidavit attesting to such facts and to the fact that the court had not imposed a suspension or revo cation of his driver's license or driving privileges inconsistent with the driving privileges to be conferred by the limited driving permit applied for, the department may issue such per son a limited driving permit. A person convicted of such offense whose driver's license had not been surrendered to such court immediately following such conviction may apply to the department for a permit. Upon the applicant's surrender to the department of his driver's license and the execution of a similar affidavit, or if he has lost his driver's license, upon execution of an additional affidavit to that effect, the department may issue such person a limited driving permit.
(f) Liability of issuing officer. No official or employee of the department shall be crimi nally or civilly liable or subject to being held in contempt of court for issuing a limited driving permit in reliance on the truth of the affidavits required by this Code section.
(g) Revocation of permit. (1) Any permittee who is convicted of violating any state law or local ordinance relating to the movement of vehicles or any permittee who is convicted of violating the conditions endorsed on his permit shall have his permit revoked by the depart ment. Any court in which such conviction is had shall require the permittee to surrender the permit to the court, and the court shall forward it to the department within ten days after the conviction, with a copy of the conviction.
(2) Any person whose limited driving permit has been revoked shall not be eligible to apply for a driver's license until six months from the date such permit was surrendered to

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2983

the department. The department may impose an additional period of suspension for the conviction upon which revocation of the permit was based.
(h) Hearings. Any person whose permit has been revoked, or who has been refused a permit by the department, may make a request in writing for a hearing to be provided by the department. Such hearing shall be provided by the department within 30 days after the receipt of such request and shall follow the procedures required by Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' Appeal from such hearing shall be in accor dance with said chapter.
(i) Rules and regulations. The board may promulgate such rules and regulations as are necessary to implement this Code section.
(j) Penalty. Any permittee who operates a motor vehicle in violation of any condition specified on the permit shall be guilty of a misdemeanor."
Section 3.1. Said title is further amended by adding a new Code Section 40-5-64.1 to read as follows:
"40-5-64.1. Notwithstanding any other provision of law, a judge of the court where the case is returnable may issue a limited driving permit to any person whose driver's license has been suspended in accordance with either paragraph (1) of subsection (a) of Code Sec tion 40-5-63 or paragraph (1) of subsection (a) of Code Section 40-5-67.2. Such limited driv ing permits shall be valid for traveling to and from the person's place of employment and for operating any vehicle necessary in the course of their employment or occupation. A lim ited driving permit issued pursuant to this Code section shall be valid for the period of suspension of the person's driver's license."
Section 4. Said title is further amended by striking subsection (a) of Code Section 40-566, relating to appeals from the department, in its entirety and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) Except as provided in subsection 4e) (h) of Code Section 40-6-66 40-5-67.1 and subsection (h) of Code Section 40-5-64, any decision rendered by the department shall be final unless the aggrieved person shall desire an appeal. In such case, such person shall have the right to enter an appeal in the superior court of the county of his residence or in the Superior Court of Fulton County. Such appeal shall name the commissioner as defendant and must be filed within 30 days from the date the department enters its decision or order. The person filing the appeal shall not be required to post any bond nor to pay the costs in advance."
Section 5. Said title is further amended by striking Code Section 40-5-67, relating to seizure and disposition of the driver's license of a person charged with driving under the influence, in its entirety and inserting in lieu thereof a new Code Section 40-5-67 to read as follows:
"40-5-67. (a) Whenever any resident or nonresident person is charged with violating Code Section 40-6-391, the law enforcement officer shall take the driver's license of the per son so charged. The driver's license shall be attached to the court's copy of the uniform traffic citation and complaint form and shall be forwarded to the court having jurisdiction of the offense. A copy of the uniform traffic citation and complaint form shall be forwarded, within ten days of issue, to the Department of Public Safety. Taking the driver's license as required in this Code section shall not prohibit any law enforcement officer or agency from requiring any cash bond authorized by Article 1 of Chapter 6 of Title 17.
(b) At the time the law enforcement officer takes the driver's license, he shall issue a temporary driving permit to the person? as follows:
(1) If the driver refuses to submit to a test or tests to determine the presence of alcohol or drugs as required in Code Section 40-5-55, the officer shall issue a 20 day temporary driving permit; in the event there is a dispute over alcohol consumption and when an arrest is made, the acceptable method for alcohol detection shall be a blood test;

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(2) If the driver's license is required to be suspended under Code Section 40-5-67.1, the officer shall issue a 20 day temporary driving permit;
(3) If the test or tests administered pursuant to Code Section 40-5-55 indicate a blood alcohol concentration of less than the level for an administrative suspension of the license under Code Section 40-5-67.1, the officer shall issue a 180 day temporary driving permit.
This temporary driving permit shall be valid until the expiration of 180 days, for the stated period or until the person's driving privilege is suspended or revoked under any provision of this title. The Department of Public Safety, at its sole discretion, may delay the expiration date of the temporary driving permit, but in no event shall this delay extend beyond the date when such person's driving privilege is suspended or revoked under any provision of this title. The department shall by rules and regulations establish the conditions under which the expiration of the temporary permit may be delayed.
(c) (1) If the person is convicted of violating Code Section 40-6-391, the court shall, within ten days, forward the person's driver's license and the record of the disposition of the case to the Department of Public Safety. At this time, the court shall also require the per son to surrender the temporary driving permit issued pursuant to subsection (b) of this Code section.
(2) If the person is not convicted of violating Code Section 40-6-391, and the court is in possession of the driver's license, the court shall return the driver's license to the person; unless the pcraon refused to submit to a blood alcohol teat as required by Code Section 406' 66. If the person refused to submit to such teat, the driver's license shall be forwarded to the Department of Public Safety for disposition in accordance with Code Section 40'6 66 unless the pcraon can show that he prevailed at a hearing which waa held in accordance with subsection (d) of Code Section 40-6-66."
Section 6. Said title is further amended by adding new Code Sections 40-5-67.1 and 405-67.2 to read as follows:
"40-5-67.1 (a) The test or tests required under Code Section 40-5-55 shall be adminis tered as soon as possible at the request of a law enforcement officer having reasonable grounds to believe that the person has been driving or was in actual physical control of a moving motor vehicle upon the highways or elsewhere throughout this state in violation of Code Section 40-6-391 and the officer has arrested such person for a violation of Code Sec tion 40-6-391, any federal law in conformity with Code Section 40-6-391, or any local ordi nance which adopts Code Section 40-6-391 by reference or the person has been involved in a traffic accident resulting in serious injuries or fatalities. Subject to Code Section 40-6-392, the requesting law enforcement officer shall designate which test shall be administered, pro vided that the officer shall require a breath test or a blood test and may require a urine test.
(b) At the time a chemical test or tests are requested, the person shall be informed by the arresting officer that:
(1) Georgia law requires the person to submit to a test to determine if the person is under the influence of alcohol or other drugs;
(2) If the testing is refused, the person's driver's license or right to drive will be sus pended for a period of one year or, if the person is under age 18, for a period of one year or until the age of 18, whichever is greater, or, if the vehicle is a commercial vehicle, the person will be disqualified from operating a commercial motor vehicle for a minimum period of one year;
(3) If a test is performed and the results indicate a blood alcohol concentration of 0.10 grams or more, the driver's license or right to drive may be suspended for a minimum period of one year or, for a person under the age of 18, a blood alcohol concentration of 0.06 grams or more, the person's driver's license or right to drive will be suspended for a minimum period of one year or until the age of 18, whichever is greater, and if the vehicle was a commercial motor vehicle and the test results indicate the presence of any alcohol, the per son will be issued an out-of-service order and will be prohibited from operating a motor

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vehicle for 24 hours, and if the results indicate a blood alcohol concentration of 0.04 grams or more, the person will be disqualified from operating a commercial motor vehicle for a minimum period of one year;
(4) After submitting to the required testing, the person shall be entitled to obtain an additional test or tests at the expense of such person; and
(5) The refusal to submit to a test may be oifered into evidence against the person at trial.
Failure to provide any notice required under this subsection shall not invalidate the suspen sion pursuant to this Code section of any driver's license.
(c) If a person under arrest or a person who was involved in any traffic accident result ing in serious injuries or fatalities submits to a chemical test upon the request of a law enforcement officer and the test results and a review of the driver's prior driving record indicate that a suspension or disqualification is required under this Code section, the results shall be reported to the department. Upon the receipt of a sworn report of the law enforce ment officer that the officer had reasonable grounds to believe the arrested person had been driving or was in actual physical control of a moving motor vehicle upon the highway or elsewhere throughout this state in violation of Code Section 40-6-391 or that such person had been driving or was in actual physical control of a moving motor vehicle upon the high ways or elsewhere throughout this state and was involved in a traffic accident involving serious injuries or fatalities and that the person submitted to a chemical test at the request of the law enforcement officer and the test results indicate either a blood alcohol concentra tion of 0.10 grams or more or, for a person under the age of 18, a blood alcohol concentra tion of 0.06 grams or more, the department shall suspend the person's driver's license, per mit, or nonresident operating privilege pursuant to Code Section 40-5-67.2, subject to review as provided for in this chapter. A person's license shall not be suspended for the first time pursuant to the immediately preceding sentence unless, in addition to any other require ment for that suspension, that person has been convicted of or had a plea of nolo contendere accepted within the previous five years to a charge of violating any provision of this chapter for which any test may be required under Code Section 40-5-55. Upon the receipt of a sworn report of the law enforcement officer that the arrested person had been operating or was in actual physical control of a moving commercial motor vehicle and the test results indicate a blood alcohol concentration of 0.04 grams or more, the department shall disqual ify the person from operating a motor vehicle for a minimum period of one year.
(d) If a person under arrest or a person who was involved in any traffic accident result ing in serious injuries or fatalities refuses, upon the request of a law enforcement officer, to submit to a chemical test designated by the law enforcement officer as provided in subsec tion (a) of this Code section, no test shall be given; but the law enforcement officer shall report the refusal to the Department of Public Safety. Upon the receipt of a sworn report of the law enforcement officer that the officer had reasonable grounds to believe the arrested person had been driving or was in actual physical control of a moving motor vehicle upon the highways or elsewhere throughout this state in violation of Code Section 40-6-391 or that such person had been driving or was in actual physical control of a moving motor vehi cle upon the highways or elsewhere throughout this state and was involved in a traffic acci dent which resulted in serious injuries or fatalities and that the person had refused to sub mit to the test upon the request of the law enforcement officer, the department shall suspend the person's driver's license, permit, or nonresident operating privilege for a period of one year or if the person was operating or in actual physical control of a commercial motor vehicle, the department shall disqualify the person from operating a commercial mo tor vehicle and shall suspend the person's driver's license, permit, or nonresident operating privilege, subject to review as provided for in this chapter.
(e) If the person is a resident without a driver's license, commercial driver's license, or permit to operate a motor vehicle in this state, the department shall deny issuance of a license or permit to such person for the same period provided in subsection (c) or (d) of this

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Code section, whichever is applicable, for suspension of a license or permit or disqualifica tion to operate a commercial motor vehicle subject to review as provided for in this chapter.
(f) (1) The law enforcement officer, acting on behalf of the department, shall personally serve the notice of intention to suspend or disqualify the license of the arrested person or other person refusing such test on such person at the time of the person's refusal to submit to a test or at the time at which such a test indicates that suspension or disqualification is required under this Code section. The law enforcement officer shall take possession of any driver's license or permit held by such person, if any, and shall issue a 20 day temporary permit. The officer shall forward the person's driver's license to the department along with the notice of intent to suspend or disqualify and the sworn report required by subsection (c) or (d) of this Code section within ten calendar days after the date of the arrest of such person. The failure of the officer to transmit the sworn report required by this Code section within ten calendar days shall not prevent the Department of Public Safety from accepting such report and utilizing it in the suspension of a driver's license as provided in this Code section.
(2) If notice has not been given by the arresting officer, the department, upon receipt of the sworn report of such officer, shall suspend the person's driver's license, permit, or non resident operating a privilege or disqualify such person from operating a motor vehicle and, by certified mail, return receipt requested at the last known address, notify such person of such suspension or disqualification. The notice shall inform the person of the grounds of suspension or disqualification, the effective date of the suspension or disqualification, and the right to review. The notice shall be deemed received three days after mailing.
(g) (1) A person whose driver's license is suspended or who is disqualified from operat ing a commercial motor vehicle pursuant to this Code Section shall request, in writing, a hearing within five calendar days from the date of personal notice or receipt of notice sent by certified mail, return receipt requested or the right to said hearing shall be deemed waived. Within 30 days after receiving a written request for a hearing, the department shall hold a hearing as is provided in Chapter 13 of Title 50, the 'Georgia Administrative Proce dure Act.' The hearing shall be recorded.
(2) The scope of the hearing shall be limited to the following issues:
(A) Whether the law enforcement officer had reasonable grounds to believe the person was driving or in actual physical control of a moving motor vehicle while under the influence of alcohol or a controlled substance and was lawfully placed under arrest for violating Code Section 40-6-391; or
(B) Whether the person was involved in a motor vehicle accident or collision resulting in serious injury or fatality; and
(C) Whether at the time of the request for the test or tests the officer informed the person of the person's implied consent rights and the consequence of submitting or refusing to submit to such test; and
(D) Whether the person refused the test; or
(E) Whether a test or tests was administered and the results indicated a blood alcohol concentration of 0.10 grams or more or, for a person under the age of 18, a blood alcohol concentration of 0.06 grams or more or, for a person operating or having actual physical control of a commercial motor vehicle, a blood alcohol concentration of 0.04 grams or more; and
(F) Whether the test or tests were properly administered by an individual possessing a valid permit issued by the Division of Forensic Sciences of the Georgia Bureau of investiga tion on a machine approved by the Division of Forensic Sciences or a test conducted by the Division of Forensic Sciences. A copy of the operator's permit showing that the operator has been trained on the particular type of machine used and one of the original copies of the test results or, where the test is performed by the Division of Forensic Sciences, a copy of the crime lab report shall satisfy the requirements of this subparagraph.

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(3) The hearing officer shall, within five calendar days after such hearing, forward a decision to the department to rescind or sustain the driver's license suspension or disqualifi cation. If no hearing is requested within the five calendar days specified above, the right to a hearing shall have been waived. The request for a hearing shall not stay the suspension of the driver's license.

(h) If the suspension is sustained after such a hearing, the person whose license has been suspended under this Code section shall have a right to file for a judicial review of the department's final decision, as provided for in Chapter 13 of Title 50, the 'Georgia Adminis trative Procedure Act'; while such appeal is pending, the order of the department shall not be stayed.

(i) Subject to the limitations of this subsection, any law enforcement officer who attends a hearing provided for by subsection (i) of this Code section for the purpose of giving testi mony relative to the subject of such hearing shall be compensated in the amount of $20.00 for each day's attendance at such hearing. In the event a law enforcement officer gives testi mony at two or more different hearings on the same day, such officer shall receive only $20.00 for attendance at all hearings. The compensation provided for in this subsection shall not be paid to any law enforcement officer who is on regular duty or who is on a lunch or other break from regular duty at the time the officer attends any such hearing. The compen sation provided for by this subsection shall be paid to the law enforcement officer by the department from department funds at such time and in such manner as the Board of Public Safety shall provide by rules or regulations of said board. The Board of Public Safety shall also require verification of a law enforcement officer's qualifying to receive the payment authorized by this subsection by requiring the completion of an appropriate document in substantially the following form:

IMPLIED CONSENT HEARING ATTENDANCE RECORD

OFFICER: _____________________ S.S. No._____________________

ADDRESS:

Street

City

State

ZIP Code

DATE: --_--_--_--_--_--_--_--_--_--_--_--_--_--_--_--_--_--_------ TIME: --__--_--_--_--_--_--_--_--_--_--_--_--_--_--_--_--_--_--_--_-- AP..MM..

CASE: ___________________________________________________
This is to certify that the police officer named above attended an implied consent hear ing as a witness or complainant on the date and time shown above.

HEARING OFFICER:

TITLE:

I certify that I appeared at the implied consent hearing described above on the date and time shown above and that I was not on regular duty at the time of attending the hearing and that I have not received and will not receive compensation from my regular employer for attending the hearing.
Signature of officer: ___________________
APPROVED FOR PAYMENT: _____________________ Comptroller.

40-5-67.2. (a) Any driver's license required to be suspended under Code Section 40-567.1 shall be suspended subject to the following terms and conditions:
(1) Upon the first suspension as set out in Code Section 40-5-67.1 within the previous five years, as measured from the dates of previous arrests for which a suspension was ob tained to the date of the current arrest for which a suspension is obtained, the period of suspension shall be for 12 months. One hundred and twenty days following the expiration of the 20 day temporary driving permit, the person may apply to the Department of Public

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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 $210.00 or $200.00 when processed by mail. A driver's license suspended pursuant to Code Section 405-67.1 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 Depart ment of Human Resources and pays the prescribed restoration fee.
(2) Upon the second or subsequent suspension as set out in Code Section 40-5-67.1 within five years, as measured from the dates of previous arrests for which suspensions were obtained to the date of the current arrest for which a suspension is obtained, the period of suspension shall be for three years. For a second suspension, the driver may apply to the Department of Public Safety for reinstatement of the driver's license 120 days after the expiration of the 20 day temporary driving permit. 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 $210.00 or $200.00 when processed by mail. For a third or subsequent suspension, the driver may apply for a probationary license pursuant to Code Section 40-5-58 after the expiration of two years from the expiration of the 20 day temporary permit.
(b) An administrative license suspension pursuant to Code Section 40-5-67.1 shall run concurrently with any revocation of such driver's license pursuant to a subsequent determi nation that such person is a habitual violator.
(c) 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 $210.00 or $200.00 when processed by mail."
Section 7. Said title is further amended by striking Code Section 40-5-68, relating to suspension of a driver's license by operation of law for failure to complete the required program, in its entirety and inserting in lieu thereof a new Code Section 40-5-68 to read as follows:
"40-5-68. (a) The driver's license of any person whose plea of nolo contendere to a charge of violating Code Section 40-6-391 was accepted as provided in Code Section 40-6391.1 but who fails to complete a DUI Alcohol or Drug Use Risk Reduction Program ap proved by the Department of Human Resources by the date specified in the court's order issued pursuant to Code Section 40-6-391.1 shall by operation of law be suspended on such date. Such license shall be suspended for a period of one year from such date. At any time after suspension begins, the person may apply to the Department of Public Safety for rein statement of his driver's license. Such license shall be reinstated only if the 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 $86.00 or $26.00 $210.00 or $200.00 when such reinstatement is processed by mail.
(b) Any person whose driver's license has been suspended by operation of law as pro vided in subsection (a) of this Code section shall immediately return such license to the department. It shall be unlawful for any person to operate any motor vehicle in this state after such person's driver's license has been suspended under this Code section, if such per son has not thereafter obtained a valid driver's license."
Section 8. Said title is further amended by striking Code Section 40-5-69, relating to circumstances not affecting suspensions by operation of law, in its entirety and inserting in lieu thereof a new Code Section 40-5-69 to read as follows:
"40-5-69. If a person's driver's license is suspended by operation of law as provided in Code Section 40-5-63, 40-5-67.1, 40-5-67.2, or Code Section 40-5-68, the fact that the per son's driver's license was not physically surrendered to the law enforcement officer at the time the person was charged with violating Code Section 40-6-391 or that the person's

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driver's license was not retained by the court and forwarded to the Department of Public Safety as provided in Code Section 40-5-67 or that the person's driver's license was not forwarded as provided in Code Section 40-5-72 shall not affect such suspension."
Section 9. Said title is further amended by striking Code Section 40-5-81, relating to the optional nature of certain driver improvement programs, in its entirety and inserting in lieu thereof a new Code Section 40-5-81 to read as follows:
"40-5-81. (a) Thia article ia intended to provide an additional method for the restora tion of the liccnaca of those persons whose drivers' licenses have been suspended or revoked pursuant to the laws of this state. Acceptance of the provisions of thia article ahall be volun tary on the part of each driver within this state, and no driver ahull be compelled to partici pate in the driver improvement program eatablishcd under thia article. This article shall not affect the power of any court to require attendance at any course or driver improvement program to which the court could otherwise require attendance. Compliance with thia article ahall be an alternative method by which a driver may have his license rcatorcd after it haa been suspended of revoked by the department and shall be in addition to the methods provided for the rcatoration of a driver's license or the issuance of a limited driving permit by Article 8 of this chapter.
(b) Whenever any person is authorized or required to attend a driver improvement clinic or program DUI Alcohol or Drug Use Risk Reduction Program as a condition of any sentence imposed under this title or any ordinance enacted pursuant to this title or as a condition of the retention or restoration of his driving privilege, such person, in complying with such condition, shall be authorized to attend any driver improvement clinic or program DUI Alcohol or Drug Use Risk Reduction Program certified under this article; and no judicial officer, probation officer, law enforcement officer, or other officer or employee of a court shall specify, directly or indirectly, a particular driver improvement clinic or program DUI Alcohol or Drug Use Risk Reduction Program which the person may or shall attend. This Code section shall not prohibit any judicial officer, probation officer, law enforcement officer, or other officer or employee of a court from furnishing any person, upon request, the names of certified driver improvement clinics or programs DUI Alcohol or Drug Use Risk Reduc tion Programs."
Section 10. Said title is further amended by striking Code Section 40-5-85 which reads as follows:
"40-5-85. (a) The license of any person whose license is suspended for the first time as a result of the commission of the offense of driving or being in actual physical control of a motor vehicle in violation of Code Section 40-6-391 shall be reinstated as provided in Code Section 40-5-63 or 40-5-68.
(b) The license of any person whose license is suspended for the second time as a result of the commission of the offense of driving or being in actual physical control of a motor vehicle in violation of Code Section 40-6-391 shall be reinstated as provided in Code Section 40-5-63.",
in its entirety and inserting in lieu thereof the following:
"40-5-85. Repealed."
Section 11. Said title is further amended by striking Code Section 40-5-153, relating to implied consent to a chemical test, in its entirety and inserting in lieu thereof a new Code Section 40-5-153 to read as follows:
"40-5-153. (a) Any person who drives a commercial motor vehicle anywhere in the state shall be deemed to have given consent, subject to the provisions of Code Sections 40-5-55 and 40-6-392, to a test or tests of that person's blood, breath, or urine for the purpose of determining that person's alcohol concentration or the presence of other drugs.
(b) A test or tests may be administered at the direction of a law enforcement officer who, after stopping or detaining the commercial motor vehicle driver, has probable cause to

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believe that driver was driving a commercial motor vehicle while having any measurable alcohol in his or her system.
(c) A person requested to submit to a test as provided in subsection (a) of this Code section must be warned by the law enforcement officer requesting the test that a refusal to submit to the test will result in that person's being disqualified from operating a commercial motor vehicle for one year under Code Section 40-5-151 and from operating a private motor vehicle as provided in Code Section 40-6-66 40-5-67.1.
(d) If the person refuses testing, the law enforcement officer must submit an affidavit to the Department of Public Safety within ten days of such refusal certifying that the test was requested pursuant to subsection (a) of this Code section and that the person refused to submit to testing.
(e) Upon receipt of the affidavit submitted by a law enforcement officer under subsec tion (d) of this Code section, the Department of Public Safety must disqualify the driver from driving a commercial motor vehicle for a period of one year as provided under Code Section 40-5-151 and, if the driver refused testing, from operating a private motor vehicle as provided under Code Section 40-6-66 40-5-67.1. If the driver is in possession of a driver's license, the officer shall take possession of the license and attach it to the affidavit."
Section 12. Said title is further amended by striking Code Section 40-6-391.1, relating to entry of a plea of nolo contendere, in its entirety 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 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 an approved 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 tem porary 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 an approved 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 suspended until the defendant completes such program.

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(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 aa required in aubacction (c) of Code Section 40'6'67 within ten days after disposition.
(f) If a plea of nolo contendere is accepted under the conditions set forth in subsection (b) of this Code section and the defendant's driver's license has not been suspended under any other provision of this Code and if the defendant has not been convicted of or has not had a plea of nolo contendere accepted to a charge of violating Code Section 40-6-391 within the previous five 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 {e} (b) of this Code Section 40 6-67."
Section 13. Said title is further amended by striking paragraph (2) of subsection (a) of Code Section 40-6-392, relating to chemical tests for alcohol in blood, in its entirety and inserting in lieu thereof a new paragraph (2) to read as follows:
"(2) When a person shall under go a chemical test at the request of a law enforcement officer under Code Section 40-6-66, only a physician, registered nurse, laboratory technician, emergency medical technician, or other qualified person may withdraw blood for the pur pose of determining the alcoholic content therein, provided that this limitation shall not apply to the taking of breath or urine specimens. No physician, registered nurse, or other qualified person or employer thereof shall incur any civil or criminal liability as a result of the medically proper obtaining of such blood specimens when requested in writing by a law enforcement officer;".
Section 14. Chapter 9 of Title 33 of the Official Code of Georgia Annotated, relating to regulation of insurance rates, underwriting rules, and related organizations, is amended by striking subsection (c) of Code Section 33-9-43, relating to insurance premium reductions for named drivers under 25 years of age, in its entirety and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) An insurer shall not be required to offer the premium reduction provided in sub section (a) of this Code section to a driver who, at any time within a period of three years prior to the beginning of the policy year during which that reduction is otherwise required, has:
(1) Been involved in any motor vehicle accident in which that person has been deter mined to have been at fault;
(2) Been finally convicted of, pleaded nolo contendere to, or been found to have com mitted a delinquent act constituting any of the following offenses:
(A) Any serious traffic offense described in Article 15 of Chapter 6 of Title 40;
(B) Any traffic offense for which three or more points may be assessed pursuant to Code Section 40-5-57; or
(C) Any felony or any offense prohibited pursuant to Chapter 13 of Title 16, relating to dangerous drugs, marijuana, and controlled substances; or
(3) Had that person's driver's license suspended for refusal to submit to chemical tests pursuant to Code Section 40-6-66 40-5-67.1 and that suspension has not been reversed, if appealed from."
Section 15. In the event of any conflict between this Act and any other Act of the General Assembly enacted at the regular 1992 session of the General Assembly which other Act changes the fees for restoration or reinstatement of drivers' licenses, such other Act shall be controlling.
Section 16. This Act shall become effective on January 1, 1993.
Section 17. All laws and parts of laws in conflict with this Act are repealed.

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Senator Dawkins of the 45th moved that the Senate agree to the House substitute to SB 489 as amended by the following amendment:

Amend the House substitute to SB 489 by striking from lines 20 through 22 of page 1 the following:
"to provide for the eventuality of a conflict with certain other legislation;".
By striking lines 14 through 28 of page 15 in their entirety.
By striking from lines 8 through 11 of page 17 the following:
"in the event there is a dispute over alcohol consumption and when an arrest is made, the acceptable method for alcohol detection shall be a blood test;.
By inserting between lines 10 and 11 of page 18 the following:
"unless the license is in suspension for any other offense, in which case the court shall forwarcT the license to the Department of Public Safety for disposition"!
By striking from lines 19 and 20 of page 20 the following:
"and a review of the driver's prior driving record".
By striking lines 7 through 12 of page 21 in their entirety and inserting in lieu thereof the following:
"chapter. A person's license shall not be administratively suspended unless that per son's license has been previously suspended administratively or unless such person has been convicted of or had a plea of nolo contendere accepted within the previous five years, as measured from the dates of previous arrests for which a suspension was obtained to the date of the current arrest, to a charge of violating any".
By striking from lines 19 and 20 of page 23 the following:
"by certified mail, return receipt requested",
and inserting in lieu thereof the following:
"by regular mail,".
By striking from line 19 of page 27 the following:
"12 months",
and inserting in lieu thereof the following:
"three years".
By striking lines 7 through 17 of page 28 in their entirety and inserting in lieu thereof the following:
"five years. The driver may apply for a probationary".
By striking lines 15 through 19 of page 37 in their entirety and inserting in lieu thereof the following:
"Section 15. Reserved.".

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 Clay Collins Dawkins Deal Dean

Echols Edge English Foster Gillis Hammill

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2993

Harris Hasty Henson
HH,,.u'1g?1 g?m. s Langford Marable Moye Newbill

Perdue Perry Phillips
RTRJaamgasneyof 32nd Ray Robinson Scott Starr

Steinberg Tate Taylor
T,,T.ihmommposnosn Turner Tysinger Walker of 22nd White

Those not voting were Senators:

Bowen Coleman Egan Garner (excused conferee)

Hooks (excused conferee) Johnson (excused conferee) Pollard Ragan of 10th

Shumake Walker of 43rd (excused
conferee)

On the motion, the yeas were 46, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 489 as amended by the Senate.

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 House substitute to SB 463 was as follows:

A BILL
To be entitled an Act 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"; to change the provisions relating to the general powers of the State Board of Examiners for Speech-Language Pathology and Audiology; to repeal certain provisions relating to the re gistration and regulation of audiology aides; to exempt certain public education communica tion aides from certain registration requirements applicable to speech-language pathology aides; to provide for the scope of practice of speech-language pathology aides; to provide that such board shall be authorized to determine minimum requirements for speech-lan guage pathology aides; 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 44 of Title 43 of the Official Code of Georgia Annotated, known as the "Georgia State Speech-Language Pathology and Audiology Licensing Act," is amended by striking in its entirety paragraph (5) of Code Section 43-44-3, relating to definitions, and inserting in lieu thereof a new paragraph (5) to read as follows:
"(5) 'Speech-language pathology aide' or 'audiology aide' means any person who aids in the providing of those speech-language pathology services authorized by the board, who meets the minimum requirements established by the State Board of Examiners for SpeechLanguage Pathology and Audiology, and who works directly under the supervision of a li censed speech-language pathologist or licensed audiologiot, respectively."
Section 2. Said chapter is further amended by striking in its entirety paragraph (7) of

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subsection (a) of Code Section 43-44-6, relating to the general powers and duties of the board, and inserting in lieu thereof a new paragraph (7) to read as follows:
"(7) Register and otherwise regulate qualified speech-language pathology or audiology aides and persons engaged in paid clinical experience as provided in paragraph (4) of sub section (a) of Code Section 43-44-8;".
Section 3. Said chapter is further amended by striking in its entirety subsection (b) of Code Section 43-44-7, relating to license requirements and exemptions, and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) (1) Licensure is not required of a speech-language patholpgist or an audiologist certified by the Department of Education while that person is working as an employee of an educational institution, provided that no fees are charged for the services either directly or through a third party.
(2) Registration as a speech-language pathology aide is not required of a public educa tion communication aide while that person is working as an employee of an educational institution, provided that no fees are charged for the services either directly or through a third party."
Section 4. Said chapter is further amended by adding between Code Sections 43-44-10 and 43-44-11 a new Code Section 43-44-10.1 to read as follows:
"43-44-10.1. A speech-language pathology aide is one, other than a licensed speech-lan guage pathologist, who is employed to assist a licensed speech-language pathologist by per forming under direct supervision those acts, services, practices, and procedures as author ized under this chapter and approved by the board by rule or regulation. The board shall be authorized to determine minimum requirements for speech-language pathology aides."
Section 5. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 6. All laws and parts of laws in conflict with this Act are repealed.

Senator Kidd of the 25th moved that the Senate agree to the House substitute to SB 463.

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 BCluaryton Coleman
Collins Dawkins Deal Dean Echols Edge Egan

English Foster Gillis Hammill Harris Hasty HHielnl son Hooks
Huggins Kidd Langford Marable Moye Newbill Perdue

Perry Phillips Ragan of 32nd Ramsey j^ay Robinson f0t.arr Stemberg
late Taylor Timmons Turner Tysinger Walker of 22nd White

Voting in the negative was Senator Thompson.

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2995

Those not voting were Senators:

Bowen

Pollard

Garner (excused conferee) Ragan of 10th

Johnson (excused conferee) Scott

Shumake Walker of 43rd (excused
conferee)

On the motion, the yeas were 47, nays 1; the motion prevailed, and the Senate agreed to the House substitute to SB 463.

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

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.
Senate Sponsor: Senator Kidd of the 25th.

The Senate Committee on Governmental Operations offered the following substitute to HB 1637:

A BILL
To be entitled an Act 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; to provide an exemp tion for auctioneers from the insurance requirements for licensed used motor vehicle deal ers; to change the provisions relating to continuing education requirements for used motor vehicle dealers; to provide an exemption for auctioneers from certain other requirements of licensed used motor vehicle dealers; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 6 of Title 43 of the Official Code of Georgia Annotated, relating to licensing of auctioneers, is amended by striking paragraph (2) of subsection (d) of Code Section 43-6-22.1, relating to the auctioneers education, research, and recovery fund, and inserting in lieu thereof a new paragraph (2) to read as follows:
"(2) When any aggrieved person recovers a valid judgment in any court of competent jurisdiction against any licensee under this chapter for any act, representation, transaction, or conduct which is in violation of this chapter or of the regulations promulgated pursuant to this chapter, or which is in violation of Chapter 47 of this title or of the regulations promulgated pursuant to Chapter 47 of this title, which act occurred on or after January 1, 1992, the aggrieved person may, upon termination of all proceedings, including reviews and appeals in connection with the judgment, file a verified claim in the court in which the judgment was entered and, upon ten days' written notice to the commission, may apply to the court for an order directing payment out of the auctioneers education, research, and recovery fund of the amount unpaid upon the judgment, subject to the limitations stated in this Code section."
Section 2. Chapter 47 of Title 43 of the Official Code of Georgia Annotated, relating to licensing of used motor vehicle dealers, is amended by striking subsections (d) and (1) of

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Code Section 43-47-8, relating to license applications, prerequisites, license fees, renewals, and supplemental licenses, and inserting in lieu thereof new subsections (d) and (1) to read as follows:
"(d) All licenses issued under this chapter shall be renewable biennnially. The board shall may establish continuing education requirements for license renewals."
"(1) Each application for a license shall show that the dealer maintains an automobile dealer's public liability and property damage insurance with liability limits of not less than $50,000.00 per person and $100,000.00 per accident, personal insurance liability coverage, and $25,000.00 property damage liability coverage. The board may, in its discretion, permit self-insurance in lieu of a bond or bond of insurance if it decides that the financial ability of the dealer warrants such privilege or if it is satisfied that an applicant or licensee is pos sessed and will continue to be possessed of the ability to pay judgments obtained or claims against the applicant or licensee. The board may issue to the applicant, licensee, or dealer a certificate of self-insurance. The board may cancel such self-insurance upon reasonable grounds, such as failure to pay within 30 days after judgment has become final any judg ment rendered against the applicant in which it is determined that the applicant is liable for damages under this chapter. Any licensee under Chapter 6 of this title shall be exempt from the requirements of this subsection."
Section 3. Said chapter is further amended by inserting a new subsection (o) at the end of Code Section 43-47-8, relating to license applications, prerequisites, license fees, renewals, and supplemental licenses, to read as follows:
"(o) Notwithstanding anything to the contrary contained elsewhere in this chapter, no licensee under Chapter 6 of this title shall be required under this chapter to have such licensee's permanent location in a building on an open lot, to be physically separated from any other business, or to be marked by a sign which indicates that the business is a used car dealer."
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 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 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 32nd Ramsey Ray Robinson Scott Starr

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2997

Steinberg Tate Taylor

Thompson Timmons Turner

Tysinger Walker of 43rd White

Those not voting were Senators:

Coleman Garner

Ragan of 10th 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 by substitute.

Senator Gillis of the 20th assumed the Chair at the direction of the President.

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.
Senate Sponsor: Senator Scott of the 36th.

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

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

Those voting in the affirmative were Senators:

Albert Alien Baldwin Bishop Bowen Broun of 46th Brown of 26th Burton Clay Coleman Collins Dawkins Dean Echols Edge

Egan English Foster Hammill Harris Hasty Henson Hooks Huggins Kidd Langford Marable Newbill Perdue Perry

Phillips Pollard Ragan of 32nd Ramsey Ray Scott Starr Steinberg Tate Taylor Thompson Timmons Turner Walker of 43rd White

Those not voting were Senators:

Deal (excused conferee) Garner (excused conferee) Gillis (presiding) Hill

Johnson (excused conferee) Moye Ragan of 10th Robinson

Shumake Tysinger 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.

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The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has passed, by substitute, by the requisite constitutional majority the fol lowing bills of the Senate:
SB 108. By Senator Timmons of the llth: A bill to amend Article 6 of Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to eligibility for retirement under the Teachers Retirement System of Georgia, so as to authorize early retirement on the basis of 30 years of service for certain members who will attain 30 years of service by not later than a certain date of an ensuing school year.
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.
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.
The House has passed, as amended, by the requisite constitutional majority the follow ing bill of the Senate:
SB 672. By Senators Gillis of the 20th, Huggins of the 53rd, Marable of the 52nd and others: 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.
The House has adopted, by substitute, by the requisite constitutional majority the fol lowing resolution of the Senate:
SR 510. By Senator Harris of the 27th: A resolution creating the Study Committee on Professional, Occupational, and Business Licensing and Taxation.
The House has passed, by substitute, by the requisite constitutional majority the fol lowing bill of the Senate:
SB 637. By Senators Johnson of the 47th, Pollard of the 24th, Edge of the 28th and others: 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

MONDAY, MARCH 30, 1992

2999

surface-water use, so as to provide that the division shall report to certain officers on the condition of certain lakes and rivers.

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

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

SB 164. By Senators Clay of the 37th, Newbill of the 56th, Ragan of the 32nd and others:
A bill to amend Article 4 of Chapter 21 of Title 15 of the Official Code of Georgia Annotated, the "Peace Officer and Prosecutor Training Fund Act of 1983," so as to provide that funds remitted pursuant to such Act shall be disbursed on an annual basis to the Georgia Public Safety Training Center and the Georgia Peace Officer Standards and Training Council; to establish the percentage of such disbursement.
The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage:

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.
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 Coleman Collins Dawkins Dean

Echols Edge Egan English Foster Harris Hasty Henson Hooks Huggins Kidd Langford Marable

Newbill Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Starr Steinberg Tate

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Taylor Thompson Timmons

Turner Tysinger

Walker of 43rd White

Those not voting were Senators:

Deal (excused conferee) Garner (excused conferee) Gillis (presiding) Hammill

Hill Johnson (excused conferee) Moye

Scott 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.

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

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.

Senator Kidd of the 25th moved that the Senate adhere to the Senate substitute to HB 559, and that a Conference Committee be appointed.

On the motion, the yeas were 32, nays 0; the motion prevailed, and the Senate adhered to the Senate substitute to HB 559.

Senator Gillis of the 20th, who was presiding at the direction of the President, ap pointed as a Conference Committee on the part of the Senate the following:
Senators Kidd of the 25th, Walker of the 43rd and Brown of the 26th.

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

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.
Senate Sponsor: Senator Robinson of the 16th.

MONDAY, MARCH 30, 1992

3001

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:

March 9, 1992

SUBJECT: Substitute to House Bill 912 (LC 21 1748S) Teachers Retirement System

The substitute version of this Bill would change provisions regarding payment of em ployer contributions to the Teachers Retirement System for certain public school employ ees. Local school systems would be responsible for certain employer contributions when more than 10% of the total number of lunchroom, maintenance, warehouse, and transporta tion employees are designated as managers and supervisors and are members in the Teach
ers Retirement System.

This is to certify that this is a nonfiscal retirement bill as defined in the Public Retire ment Systems Standards Law.
/a/ G.W. Hogan State Auditor

The Senate Committee on Retirement offered the following substitute to HB 912:

A BILL
To be entitled an Act to amend Code Section 47-3-63 of the Official Code of Georgia Annotated, relating to membership in the Teachers Retirement System by certain public school employees, so as to provide that local school systems shall pay employer contribu tions for certain such employees; 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 47-3-63 of the Official Code of Georgia Annotated, relating to membership in the Teachers Retirement System by certain public school employees, is amended by striking in its entirety subsection (b) and inserting in lieu thereof the following:
"(b) Members (1) who were previously eligible for membership in the Public School Employees Retirement System and whose duties were or have been changed in such a man ner so as to have made them eligible for membership in the Teachers Retirement System of Georgia and (2) any personnel specified in subsection (a) of this Code section who elect to become members of the Teachers Retirement System of Georgia shall be permitted to es tablish credit for service rendered in a public school system prior to the date such employ ees become or became members of the Teachers Retirement System of Georgia, provided that such service would be or would have been normally allowable as creditable service under the Public School Employees Retirement System; provided, further, that such mem bers must pay the employee contributions on the salary earned by such members during the years of service sought to be so established, plus applicable accrued regular interest com pounded annually to the dates of payment at the rates adopted by the board of trustees. Such members or the local boards of education by which the members are employed at the time the service is established shall pay the employer contributions on the earnable compen sation of such members that would have been paid to the Teachers Retirement System of

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Georgia, plus applicable accrued regular interest compounded annually to the dates of pay ment at the rates adopted by the board of trustees.
(c) The State of Georgia shall be the employer of personnel specified in subsection (a) of thTFCode section for the purposes of employer contributions on membership service ren dered by such members after they become members of the Teachers Retirement System of Georgia; provided, however, that a local school system shall pay the employer contributions for the number of its managers or supervisors in each category of employment set forth in subsection (a) of this Code section who are members of this retirement system pursuant to this Code section which exceeds one person or 7 percent, whichever is greater, of the total number of employees of such local school system in such category; provided, further, that the state shall continue to pay employer contributions for all members who became mem bers of this system pursuant to this Code section prior to April 1, 1992."
Section 2. 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 Bill Cummings, Chairman

House Retirement Committee

FROM:

G.W. Hogan, State Auditor

DATE:

March 24, 1992

SUBJECT: Substitute to House Bill 912 (LC 21 1845S) Teachers Retirement System

The substitute version of this Bill would change provisions regarding payment of em ployer contributions to the Teachers Retirement System for certain public school employ ees. Local school systems would be responsible for certain employer contributions when more than one person or 7 percent, whichever is greater, of the total number of lunchroom, maintenance, warehouse, and transportation employees are designated as managers and su pervisors and are members in the Teachers Retirement System. The State would continue to pay employer contributions for all members who became members of this system prior to April 1, 1992.

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

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 Coleman

MONDAY, MARCH 30, 1992

3003

Collins Dawkins Dean Echols Edge Egan English Foster Hammill Harris Hasty Henson Hooks

Huggins Kidd Langford Marable Moye Newbill Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey

Ray Robinson Scott Starr Steinberg Tate Taylor Thompson Timmons Turner Tysinger Walker of 43rd White

Those not voting were Senators:

Clay

Gillis (presiding)

Deal (excused conferee) Hill

Garner (excused conferee) Johnson (excused conferee)

Shumake Walker of 22nd

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

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

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

Mr. President:

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

SB 523. By Senators Gillis of the 20th, Deal of the 49th and Garner of the 30th:
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 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 sheriffs services and the disposition of fees, so as to change certain fees for the services of a sheriff in civil cases.

The House has agreed to the Senate substitutes, as amended by the House, to the fol lowing bills of the House:

HB 576. By Representative Lord of the 107th:
A bill to amend Chapter 18 of Title 43 of the Official Code of Georgia Annotated, relating to funeral directors and embalmers, so as to modify the provisions for registration of apprenticeship.

HB 213. By Representatives Irwin of the 57th and Oliver of the 53rd:
A bill to amend Code Section 37-3-122 of the Official Code of Georgia Annotated, relating to payment of expenses incurred in connection with mental health hear ings, so as to provide that if a judge or an attorney on staff of the probate court

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conducts a mental health hearing for an out-of-county patient, the county of resi dence of the patient shall reimburse the expenses of the county holding the hearing.
The House recedes from its position in substituting the following bill of the Senate:
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.
The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage:
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.
Senate Sponsor: Senator Henson of the 55th.
The Senate Committee on Natural Resources offered the following amendment:
Amend HB 1169 by inserting on line 4 of page 3, following the word "state", the following:
". The permit of any facility which was permitted prior to January 1, 1991, but not constructed by January 1, 1993, shall be forfeited, and such facility must meet the require ments of this paragraph in order to be repermitted"
On the adoption of the amendment offered by the Senate Committee on Natural Re sources, the yeas were 40, nays 0, and the amendment was adopted.
Senator Steinberg of the 42nd offered the following amendment:
Amend HB 1169 by inserting after line 32 on page 3 a new paragraph which reads:
"(3) Paragraph (2) of this subsection shall not apply to any biomedical waste thermal treatment facility which was permitted after the effective date of this bill unless and until each biomedical waste generator which sends biomedical waste to the biomedical waste ther mal treatment facility has in place and is actively operating a program to segregate the noninfectious waste from the stream of biomedical waste destined for disposal in the biomedical waste thermal treatment facility."
Senator Steinberg of the 42nd asked unanimous consent to withdraw her amendment; the consent was granted, and the amendment offered by Senator Steinberg of the 42nd was withdrawn.
Senator Robinson of the 16th offered the following amendment:

MONDAY, MARCH 30, 1992

3005

Amend HB 1169 by striking on lines 1 and 10 of page 1 the following:
"Article 2 of.
By striking on lines 2 and 11 of page 1 the word "solid".
By inserting on line 7 of page 1, following the word and symbol "Resources;", the following:
"to provide for procedures and criteria for selecting a site for certain facilities;".
By striking on line 26 of page 2 the word "article" and inserting in lieu thereof the word "chapter".
By inserting immediately following line 7 of page 4 the following:
"Section 3. Said chapter is further amended by inserting following Code Section 12-8103.2 the following:
'12-8-103.3. The authority shall develop procedures and criteria for selecting a site for any hazardous waste facility upon documentation of need. Site selection criteria shall be developed with and shall provide for public participation, shall be incorporated into rules, shall include a written justification for each criterion, and shall be consistent with all appli cable federal and state laws.'"
By redesignating Section 3 as Section 4.
On the adoption of the amendment offered by Senator Robinson of the 16th, the yeas were 37, nays 0, and the amendment was adopted.
Senators Hammill of the 3rd, Henson of the 55th, Scott of the 36th and Hill of the 4th offered the following amendment:
Amend HB 1169 by striking in their entirety lines 13 through 20 of page 3 and inserting in lieu thereof the following:
"technology facility which is:
(A) Operated exclusively by a private biomedical waste generator for the purpose of accepting biomedical waste exclusively from the private biomedical waste generator so long as the operation of the biomedical waste thermal treatment technology facility does not adversely affect the public health or the environment; or
(B) Operated by a hospital licensed under Title 31 on property owned by such hospital for the purpose of accepting biomedical waste, other than special waste, on a not for profit basis from other generators of biomedical waste so licensed or from other medical facilities as defined in Code Section 31-7-1 or from a generator licensed under Chapter 34 of Title 43 so long as such biomedical waste thermal treatment technology facility has the appropriate environmental permits and complies with the rules and regulations promulgated by the board and at least 50 percent of such biomedical waste is generated by the operator of such biomedical waste thermal treatment technology facility. After commencement of
On the adoption of the amendment offered by Senators Hammill of the 3rd, Henson of the 55th, Scott of the 36th and Hill of the 4th, the yeas were 37, nays 2, and the amendment was adopted.
Senator Edge of the 28th offered the following amendment:
Amend HB 1169 by adding in the title on line 7 of page 1 between the semicolon and the word "to" the following:
"to provide a certain exception;".

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By adding on line 20 of page 3 between the word "environment" and the period the following:
"and shall not apply to an existing, permitted facility for which a major modification to or reissuance of said permit is being sought".

On the adoption of the amendment offered by Senator Edge of the 28th, and yeas were 24, nays 9, 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 Burton Clay Coleman Collins Dawkins Dean Echols Edge Egan 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 Starr Steinberg T1 natmp
Taylor Thompson Timmons Turner Tysinger Walker of 22nd White

Voting in the negative was Senator Brown of the 26th.

Those not voting were Senators:

Deal (excused conferee) Gillis (presiding)

English

Hooks (excused)

Garner (excused conferee) Johnson (excused conferee)

Shumake Walker of 43rd (excused conferee)

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

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

The following bill of the House was taken up for the purpose of considering the Confer ence Committee report 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.

The Conference Committee report on HB 1288 was as follows: The Committee of Conference on HB 1288 recommends that both the Senate and the

MONDAY, MARCH 30, 1992

3007

House of Representatives recede from their positions and that the attached Committee of Conference substitute to HB 1288 be adopted.
Respectfully submitted,

FOR THE SENATE:
/s/ Harrill L. Dawkins Senator, 45th District
/s/ John C. Foster Senator, 50th District
J. Nathan Deal Senator, 49th District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Ralph Twiggs Representative, 4th District
/s/ Carlton H. Colwell Representative, 4th District
/s/ William J. Dover Representative, llth District

Conference Committee 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, 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 compensa tion; to provide for the transfer of proceedings to said circuit; to revise the Mountain Judi cial 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, Lumpkin, and White. The offices of the judge of the superior court and district attorney of the Enotah Judicial Circuit are created for said circuit. The initial judges and district attorney shall be appointed by the Governor 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 attor ney shall be elected in the general election immediately preceding the expiration 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 at torney 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, Lumpkin, and White counties at such time as they were a part of the Mountain Judicial Circuit and Northeastern Judicial Circuit, including all complaints, pleadings, petitions, indictments, special presentments, summonses, processes, motions, writs, mesne, and final proceedings, together with all books and records of any kind or char acter 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

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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, Lumpkin, and White;".
"(25) Mountain Judicial Circuit, composed of the Counties of Habersham, Rabun, and Stephens, Towns, and Union;
(26) Northeastern Judicial Circuit, composed of the Counties of Hall; and Dawson; Lumpkin, and White;".
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) Lumpkin County--Fourth Monday in February and August.
(D) 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.
(26) Northeastern Circuit:
(A) Dawson County--First Monday in February and August.
(B) Hall County--First Monday in May and November and second Monday in January and July.
(C) Lumpkin County--Fourth Monday in February and August.
(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.

Senator Foster of the 50th moved that the Senate adopt the Conference Committee report on HB 1288.

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

Those voting in the affirmative were Senators:

Albert

Alien

Baldwin

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3009

Bishop Bowen Broun of 46th Burton
day Cjeman olll " s Dawkms DEcehaonls Edge Egan English Foster Hammill

Harris Hasty Henson Hooks
Huggins Kidd Langford
Marable Newbill Perdue Perry Phillips Pollard Ragan of 10th

Ragan of 32nd Ray Robinson Scott
Steinberg Tate Taylor
Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White

Those not voting were Senators:

Brown of 26th Deal (excused conferee) Garner (excused conferee) Gillis (presiding)

Hill Johnson (excused conferee) Moye

Ramsey Shumake Starr

On the motion, the yeas were 46, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on HB 1288.

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

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.
Senate Sponsors: Senators Scott of the 36th and Alien of the 2nd.

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

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

Those voting in the affirmative were Senators:

Albert Alien Baldwin Bishop Broun of 46th Brown of 26th Burton Clay Coleman Collins Dawkins Dean

Echols Egan English Foster Hammill Harris Hasty Hooks Huggins Kidd Langford Marable

Perry Phillips Pollard Ragan of 10th Ramsey Ray Robinson Scott Steinberg Tate Taylor Thompson

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Timmons Turner

Tysinger Walker of 22nd

Walker of 43rd White

Voting in the negative was Senator Ragan of the 32nd.

Those not voting were Senators:

Bowen Deal (excused conferee) Edge Garner (excused conferee) Gillis (presiding)

Henson
Johnson (excused conferee) Moye

Newbill Perdue Shumake Starr

On the passage of the bill, the yeas were 42, nays 1.

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

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.
Senate Sponsors: Senators Gillis of the 20th and Echols of the 6th.

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

On the passage of the 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 Hammill Harris Hasty Henson Huggins Johnson Kidd Langford Marable Newbill Perdue Perry Phillips Pollard

Ragan of 10th Ragan of 32nd Ramsey Ray Scott Starr Tate Taylor Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White

Those not voting were Senators:

Brown of 26th

Hill

Garner (excused conferee) Hooks (excused conferee)

Gillis (presiding)

Moye

Robinson Shumake Steinberg

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

MONDAY, MARCH 30, 1992

3011

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 108. By Senator Timmons of the llth:
A bill to amend Article 6 of Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to eligibility for retirement under the Teachers Retirement System of Georgia, so as to authorize early retirement on the basis of 30 years of service for certain members who will attain 30 years of service by not later than a certain date of an ensuing school year.
The House substitute to SB 108 was as follows:
A BILL
To be entitled an Act 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 Sys tem of Georgia, so as to authorize early retirement on the basis of 30 years of service for certain members who will attain 30 years of service by not later than a certain date of an ensuing school year; to provide conditions and requirements relative thereto; to provide for other matters relative thereto; 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. 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, is amended by adding at the end thereof a new Code Section 47-3-102 to read as follows:
"47-3-102. (a) As used in this Code section, the term 'school year' means a regular school year which begins during or near September of one year and ends during or near June of the following year.
(b) Notwithstanding the provisions of subsection (a) of Code Section 47-3-101, a mem ber employed pursuant to a contract for each school year who will attain 30 years of credita ble service by not later than the thirty-first day of December of the ensuing school year shall be eligible to retire effective on the first day of September nearest to the opening date of the ensuing school year on the basis of 30 years of creditable service, subject to the following conditions and requirements:
(1) The member must apply for early retirement pursuant to the authority of this Code section to the board of trustees, with a copy of such application being sent to the member's employer, by not later than the first day of May immediately preceding the opening date of the ensuing school year; and
(2) The member must pay to the board of trustees an amount determined by the board of trustees to be sufficient to cover the full actuarial cost of granting early retirement as provided in this Code section.
(c) The payment required by paragraph (2) of subsection (b) of this Code section shall be based on the compensation of the member which was in effect immediately preceding the opening date of the ensuing school year. For the purposes of determining average compensa tion in the computation of the retirement benefit under paragraph (2) of subsection (a) and subsection (d) of Code Section 47-3-120, the two consecutive years of creditable service shall include the period on which the payment required by paragraph (2) of subsection (b) of this Code section is based, and the compensation for such period shall be the same as the com pensation used for the determination of such payment.
(d) The board of trustees shall certify to the applicant the amount of the payment

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required by paragraph (2) of subsection (b) of this Code section upon receiving an applica tion for early retirement under this Code section. The payment so certified must be paid in full by the applicant to the board prior to the date of retirement under this Code section."
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, 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 17, 1992

SUBJECT: Senate Bill 108 (Substitute) (LC 21 1610S) 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 full actuarial cost of such early retirement.

This is to certify that the changes made in this substitute Bill (requiring the member to pay the full actuarial cost of early retirement instead of paying the employee and employer contributions), are a reduction in cost amendment as defined in the Public Retirement Sys tems Standards Law.

is/ G.W. Hogan State Auditor

Senator Timmons of the llth moved that the Senate agree to the House substitute to SB 108.

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

Those voting in the affirmative were Senators:

Albert Alien Bowen Broun of 46th Brown of 26th Burton Clay Coleman Collins Dawkins

Deal Dean Echols Edge Egan English Foster Hasty Henson Hooks

Huggins Johnson Kidd Langford Marable Newbill Perdue Perry Phillips Pollard

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Ragan of 10th
Ragan of 32nd Ramsey Ray Scott

Starr
Tate Taylor Timmons Turner

Tysinger Walker of 22nd
Walker of 43rd White

Those not voting were Senators:

Baldwin Bishop Garner Gillis (presiding)

Hammill Harris Hill Moye

Robinson Shumake Steinberg Thompson

On the motion, the yeas were 44, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 108.

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

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.
Senate Sponsor: Senator Tysinger of the 41st.

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

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

Those voting in the affirmative were Senators:

Albert Alien Baldwin Broun of 46th Brown of 26th ^urton Clay Coleman Collins Dawkins
Deal
Dean
Echols Edge
English

Foster Hammill Henson Huggins Johnson Kidd Langford Marable Moye Newbill
Perdue
Perry
Phillips Pollard
Ragan of 10th

Ragan of 32nd Ramsey Ray Scott Starr Steinberg Tate ,,, ^aylcr Thompson
Timmons
Turner
Tysinger Walker of 22nd
White

Those not voting were Senators:

Bishop
^Egoawnen Garner (excused conferee) Gillis (presiding)

Harris Hasty Hl11 Hooks (excused conferee)

Robinson Shumake Walker of 43rd (excused conferee)

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On the passage of the bill, the yeas were 44, 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 Confer ence Committee report thereon:

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.

The Conference Committee report on HB 1931 was as follows:
The Committee of Conference on HB 1931 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference substitute to HB 1931 be adopted.
Respectfully submitted,

FOR THE SENATE:
Is/ John C. Foster Senator, 50th District
/s/ Mac Collins Senator, 17th District
/s/ Harold J. Ragan Senator, 10th District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Suzi Herbert Representative, 76th District
/s/ Thomas M. Kilgore Representative, 42nd District
DeWayne Hamilton Representative, 124th District

Conference Committee substitute to HB 1931:

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 authorize the Department of Education to establish and implement a Youth Apprenticeship Program for certain pupils under which high school credit shall be granted; to authorize the department to develop policies, standards, criteria, procedures, and administrative requirements to be promulgated by rules and regulations; to require certain minimum criteria be included in a apprentice ship plan developed by the department; to require the department to establish pilot pro grams by a certain date and to implement a comprehensive apprenticeship program by fiscal year 1996; to amend Article 5 of Chapter 4 of Title 49 of the Official Code of Georgia Anno tated, known as the "Aid to Dependent Children Act," so as to provide for conditions for eligibility for funds; to provide for release of records; to provide for documents and the furnishing thereof; to provide for reinstatement of assistance; to provide for waivers; to pro vide for applicability; 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,

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the "Quality Basic Education Act," is amended by adding immediately following Code Sec tion 20-2-161.1, enacted by SB 417 adopted at the 1992 session of the General Assembly, a new Code section to read as follows:
"20-2-161.2. (a) Any eleventh or twelfth grade pupil or pupil aged 16 or over in any public school in this state may enroll in a Youth Apprenticeship Program which is offered at that public school and which is approved for secondary credit by the department. Such pupil shall be granted release time from the public school to work as an apprentice for any business enterprise which is approved by the department as a qualified employer under the educational apprenticeship program. A pupil shall receive secondary credit for such appren ticeship only under the conditions established by the department. The department is au thorized to establish a Youth Apprenticeship Program and to promulgate such policies, standards, procedures, criteria, and administrative requirements as may be necessary to im plement the program by rules and regulations. The department shall consult the Depart ment of Labor and the Department of Technical and Adult Education in developing such policies and procedures. The department's certified educational apprenticeship plan shall include but not be limited to the following:
(1) A detailed training plan between employer and apprentice that identifies specific work tasks that will develop workplace competency;
(2) A minimum of 144 classroom hours of related academic instruction and training;
(3) A minimum of 2,000 hours of on-the-job training;
(4) A progressive wage schedule established by the participating employer;
(5) On-site evaluation of the pupil's performance;
(6) Training remediation as necessary at the school site;
(7) A broad range of skills but shall be focused on manufacturing and engineering tech nology, administration and office technology, and health care;
(8) Development of materials by the business, industry, and labor community in con junction with the department to promote the awareness of apprenticeships for high school students and encourage recruitment; and
(9) Structural linkage between secondary and postsecondary components of the pro gram leading to the awarding of a high school diploma and postsecondary certification of occupational skills.
The apprenticeship program shall include on-site training only in positions that have been certified by the Department of Labor as highly skilled jobs in business and industry.
(b) The department shall develop pilot projects for the fiscal year 1994 and fiscal year 1995 school years and shall implement and direct a comprehensive apprenticeship program for all school systems by fiscal year 1996."
Section 2. Article 5 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, known as the "Aid to Dependent Children Act," is amended by adding at the end thereof a new Code Section 49-4-110 to read as follows:
49-4-110. (a) As a condition of eligibility for funds received under this article, a depen dent child age 16 years or over shall participate, to the best of his or her ability, in alterna tive programs approved by the department or by the local school system where the student resides, including, but not limited to, the Youth Apprenticeship Program as described in subsection (a) of Code Section 20-2-161.2, if not in full-time attendance at a public school or private school or enrolled in a home study program except for one of the following reasons:
(1) The child has been graduated from a public or private high school or home study program or obtained a general educational development equivalency diploma from a state approved institution or organization; or

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(2) The child is excused from attending school due to circumstances beyond his or her control.
(b) The county department of family and children services or its agent may require consent to the release of school enrollment and attendance records, including official confor mation of enrollment in the Youth Apprenticeship Program, as a condition of eligibility for assistance under this article.
(c) The school superintendent of each school system shall be authorized to provide doc umentation of enrollment status and attendance records upon request to the county office of the department of family and children services for the county in which that dependent child resides. The school superintendent shall provide any child with documentation to present to the county department to excuse such a child pursuant to the provisions of paragraphs (1) and (2) of subsection (a) of this Code section.
(d) Assistance denied to or on behalf of a dependent child pursuant to this Code section shall be reinstated upon presentation to the county department of family and children ser vices or their agent of documented proof of compliance with the provisions of this Code section.
(e) The Department of Human Resources shall request a waiver from the secretary of the federal Department of Health and Human Services to permit the Department of Human Resources to implement the school attendance requirements of this Code section. The provi sions of this Code section shall not apply unless the federal waiver is in effect. If a waiver is received, the Department of Human Resources shall implement this Code section beginning with the fall 1996 school term or on the date the waiver is effective, whichever is later."
Section 3. All laws and parts of laws in conflict with this Act are repealed .

Senator Ragan of the 10th moved that the Senate adopt the Conference Committee report on HB 1931.

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
Clay CCoollleimnsan
Dawkins Deal Dean Echols Edge English

Foster Hammill Hasty Henson Hill
Hooks Huggms JKoihdndson
Marable Moye Newbill Perdue Perry Phillips

Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson g f0,tarr
late Thompson Timmons Turner Tysinger White

Voting in the negative were Senators Brown and Langford.

Those not voting were Senators:

Bishop Egan Garner (excused conferee) Gillis (presiding)

Harris Shumake Steinberg Taylor

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

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On the motion, the yeas were 44, nays 2; the motion prevailed, and the Senate adopted the Conference Committee report on HB 1931.
The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:
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 House substitute to SB 637 was as follows:
A BILL
To be entitled an Act to amend Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to water resources, so as to define certain terms; to provide for the de velopment of river basin management plans for certain rivers; to provide for the contents of such plans; to provide for the appointment and duties of local advisory committees; to pro vide for notice and public hearings; to provide for submission to and approval of plans to the Board of Natural Resources; to make certain provisions relative to issuing certain per mits; to provide for the application for and use of certain funds; to provide that this Act shall not enlarge the powers of the Department of Natural Resources; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to water resources, is amended by inserting at the end 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 river basin management plans for the following rivers: Alapaha, Altamaha, Canoochee, Chattahoochee, Coosa, Flint, Ochlocknee, Ocmulgee, Oconee, Ogeechee, St. Marys, Satilla, Savannah, Suwanee, Tallapoosa, and Tennessee. The director shall consult the chairmen of the local advisory committees on all aspects of devel oping the management plans. The director shall begin development of the management plan for the Chattahoochee and Flint river basins by December 31, 1992, and for the Coosa and Oconee river basins by December 31, 1993. Beginning in 1994, the director shall begin devel opment of one management plan per calendar year until all required management plans have been begun. All management 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, cur rent, and projected uses, hydrogeology, and a description of water quality, including the current water quality conditions;

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(2) An identification of all governmental units that have jurisdiction over the watershed and its drainage basin;
(3) An inventory 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 the goals of the management plan.
12-5-523. 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 at least seven citi zens and a chairman appointed by the director. The local advisory committees shall provide advice and counsel to the director during the development of the management plan. Each committee shall meet at the call of the chairman but not less than once every four months. The chairman and members of the local advisory committees shall serve without compensa tion or reimbursement of expenses.
12-5-524. (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 river basin named in Code Section 12-5-521. The director shall publish notice of each such public hearing in a newspaper of general circulation in the area an nouncing the date, time, place, and purpose of the public hearing. A draft of the manage ment 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.
(d) Upon the board's adoption of a final river basin management plan, all permitting and other activities conducted by or under the control of the Department of Natural Re sources shall be consistent with such plan.
(e) No provision of this article shall constitute an enlargement of the existing statutory powers of the department.
12-5-525. 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 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 moved that the Senate agree to the House substitute to SB 637.
On the motion, a roll call was taken, and the vote was as follows:

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3019

Those voting in the affirmative were Senators:

Albert
Alien Baldwin Bowen Broun of 46th Brown of 26th Burton C*-nlay CCoollleimnsan

Foster
Garner Hammill Hasty Henson Hill Hooks THT uggms JKoihdndson

Dawkins Deal Dean Echols Edge Egan English

Langford Marable Moye Newbill Perdue Perry Phillips

Pollard Ragan of 10th Ragan of 32nd Ramsey Rav Robinson c,,r,tt OgCtaOrtLr QStei.nb, erg
aTM Tayloi Thompson Timmons Turner Tysinger White

Those not voting were Senators:

Bishop Gillis (presiding)

Harris Shumake

Walker of 22nd Walker of 43rd

On the motion, the yeas were 50, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 637.

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

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.
Senate Sponsor: Senator Pollard of the 24th.

The following Certification, as required by law, was read by the Secretary:

TO: FROM:

Department of Audits 254 Washington Street, S.W.
Room 214 Atlanta, Georgia 30334-8400
STATE AUDITOR'S CERTIFICATION
The Honorable Bill Cummings, Chairman House Retirement Committee
G.W. Hogan, State Auditor

DATE:

February 26, 1992

SUBJECT: House Bill 1796 (Substitute) (LC 21 1690S) Georgia Firemen's Pension Fund
This Bill would change the provisions relating to the 1% tax paid to the Georgia Fire men's Pension Fund by insurance companies on premiums written to cover certain property within the state. Under current provisions, premiums written on unprotected property as classified by the Insurance Services Office is exempted from this tax. This Bill specifically

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identifies that premiums written on property served by fire suppression facilities which are rated less than class nine would be exempt.
This is to certify that this is a nonfiscal retirement bill as defined in the Public Retire ment Systems Standards Law since the changes made in this substitute Bill (specifying that the 1% tax be paid to the Georgia Firemen's Pension Fund, rather than the secretary-trea surer of the Fund) are nonfiscal.
/s/ G.W. Hogan State Auditor
The report of the committee, which was favorable to the passage of the bill, was agreed to.

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

Those voting in the affirmative were Senators:

Albert Alien Baldwin Bishop Bowen Broun of 46th Brown of 26th Burton Clay Coleman Collins Dawkins Deal Dean Echols Edge

Egan Foster Hammill Hasty Henson Hill Hooks Huggins Johnson Kidd Langford Marable Moye Newbill Perdue Perry

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

Those not voting were Senators:

English

Harris

Garner (excused conferee) Shumake

Gillis (presiding)

Timmons

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

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

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

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.
Senate Sponsors: Senators Hooks of the 14th and Dawkins of the 45th.

The Senate Committee on Health and Human Services offered the following amendment:

Amend HB 1068 by striking on line 5 of page 1 the following: "mentally retarded,".

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By striking lines 1 through 15 on page 2. By renumbering Sections 3 and 4 as Sections 2 and 3, respectively.
On the adoption of the amendment offered by the Senate Committee on Health and Human Services, the yeas were 30, nays 0, and the amendment was adopted.
Senators Dawkins of the 45th and Hooks of the 14th offered the following amendment:

Amend HB 1068 by adding in the title on line 2 of page 1 between the word "as" and the word "to" the following:

"to change the provisions relating to when the comprehensive evaluation team is re quired to file its report;".

By adding between lines 9 and 10 on page 1 the following:

"Section 1. Title 37 of the Official Code of Georgia Annotated, relating to mental health, is amended by striking in its entirety subsection (c) of Code Section 37-4-40, relating to the filing of petition with court for according of program of services to a mentally re tarded person, and inserting in lieu thereof a new subsection (c) to read as follows:

'(c) The comprehensive evaluation team shall file its written report with the court within ten days, Saturdays, Sundays, and legal holidays excluded, after examining the cli ent, with dissenting opinions, if any. If a majority of the team concludes that the client is mentally retarded and that he should be ordered to receive services from the department because he is in need of appropriate care, training, education, habilitation, or other special ized services other than that which he is then receiving, the report submitted by the evalua tion team shall be in the form of an individualized program plan for the allegedly mentally
retarded person.' "

By striking in their entirety lines 10 and 11 on page 1 and inserting in lieu thereof the following:

"Section 1.1. Said title is further amended by".

On the adoption of the amendment offered by Senators Dawkins of the 45th and Hooks of the 14th, the yeas were 33, nays 0, and the amendment was adopted.

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

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

Those voting in the affirmative were Senators:

Albert Alien Baldwin Bishop Bowen Broun of 46th Brown of 26th BCluaryton Coleman Collins Dawkins Deal Dean Echols Egan

English Foster Hammill Harris Henson Hill Hooks JHouhgngsionns Kidd Langford Marable Moye Newbill Perdue Perry

Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey R S(Jtt ,,*tarr , Steinberg Thompson Timmons Turner Tysinger Walker of 43rd White

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Those not voting were Senators:

Edge Garner Gillis (presiding)

Hasty Robinson Shumake

Tate Taylor Walker of 22nd

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

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

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.
Senate Sponsor: Senator Alien of the 2nd.

The Senate Committee on Judiciary offered the following substitute to HB 1649:

A BILL
To be entitled an Act 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 provide for the laws governing a foreign limited liability company; to provide for and require certificates of authority; to provide for activities not constituting the transaction of business; to provide for applications and their contents; to require and provide for registered agents and regis tered offices; to provide for the qualifications, powers, and duties of registered agents; to provide for the filing of statements and documents; to provide for resignation of registered agents; to provide for changes in registered offices; to provide for service of process, notices, or demands; to provide for certificates of authority; to provide for venue; to provide for the powers and duties of the Secretary of State; to provide for issuance of certificates; to provide for names and requirements related thereto; to provide for changes of names or jurisdictions of organizations; to provide for withdrawal of foreign limited liability companies; to provide for revocation of certificates and grounds for revocation; to provide procedures for and effect of revocation; to provide for appeals from revocation; to provide for transaction of business without registering and the effect thereof; to provide for actions by the Attorney General; to provide for annual registrations; to provide for fees; to provide for the administrative powers of the Secretary of State; to provide for rules and regulations; to provide for the duty of the Secretary of State to file documents and the effect of such filing; 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. Title 14 of the Official Code of Georgia Annotated, relating to corporations, partnerships, and associations, is amended by adding at the end thereof a new Chapter 11 to read as follows:
"CHAPTER 11
14-11-1. As used in this chapter, the term 'foreign limited liability company' means a limited liability company formed under the laws of a jurisdiction other than this state.
14-11-2. (a) The laws of the jurisdiction under which a foreign limited liability company is organized govern its organization and internal affairs and the liability of its managers, members, and other owners, regardless of whether the foreign limited liability company pro cured or should have procured a certificate of authority under this chapter.
(b) A foreign limited liability company may not be denied a certificate of authority by

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reason of any difference between the laws of the jurisdiction under which the foreign limited liability company is organized and the laws of this state.
14-11-3. (a) A foreign limited liability company transacting business in this state shall procure a certificate of authority to do so from the Secretary of State. In order to procure a certificate of authority to transact business in this state, a foreign limited liability company shall submit to the Secretary of State an application for a certificate of authority as a for eign limited liability company, signed by a person duly authorized to sign such instruments by the laws of the jurisdiction under which the foreign limited liability company is organ ized, setting forth:
(1) The name of the foreign limited liability company and, if different, the name under which it proposes to qualify and transact business in this state;
(2) The name of the jurisdiction under whose laws it is organized;
(3) Its date of organization and period of duration;
(4) The street address and county of its registered office in this state and the name of its registered agent at that office;
(5) A statement that the Secretary of State is, pursuant to subsection (i) of Code Sec tion 14-11-4, appointed the agent of the foreign limited liability company for service of pro cess if no agent has been appointed under subsection (a) of Code Section 14-11-4 or, if appointed, the agent's authority has been revoked or the agent cannot be found or served by the exercise of reasonable diligence;
(6) The address of the office required to be maintained in the jurisdiction of its organi zation by the laws of that jurisdiction or, if no such office is required, its principal office;
(7) The address of the office at which is kept a list of the names and addresses of its members and other owners, together with an undertaking by it to keep those records until its registration in this state is canceled or revoked; and
(8) The name and a business address of a person who, under the laws of the jurisdiction under which it was formed, has substantial responsibility for managing its business activities.
(b) Without excluding other activities which may not constitute transacting business in this state, a foreign limited liability company shall not be considered to be transacting busi ness in this state, for the purpose of qualification under this chapter, solely by reason of carrying on in this state any one or more of the following activities:
(1) Maintaining or defending any action or administrative or arbitration proceeding or effecting the settlement thereof or the settlement of claims or disputes;
(2) Holding meetings of its managers, members, or other owners or carrying on other activities concerning its internal affairs;
(3) Maintaining bank accounts, share accounts in savings and loan associations, custo dial or agency arrangements with a bank or trust company, or stock or bond brokerage accounts;
(4) Maintaining offices or agencies for the transfer, exchange, and registration of mem bership or other ownership interests in it or appointing and maintaining trustees or deposi taries with relation to such interests;
(5) Effecting sales through independent contractors;
(6) Soliciting or procuring orders, whether by mail or through employees or agents or otherwise, where such orders require acceptance outside this state before becoming binding contracts and where such contracts do not involve any local performance other than delivery and installation;
(7) Making loans or creating or acquiring evidences of debt, mortgages, or liens on real or personal property or recording the same;

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(8) Securing or collecting debts or enforcing any rights in property securing the same;
(9) Effecting transactions in interstate or foreign commerce;
(10) Owning or controlling another entity organized under the laws of, or transacting business within, this state;
(11) Conducting an isolated transaction not in the course of a number of repeated transactions of like nature; or
(12) Serving as trustee, executor, administrator, or guardian or, in like fiduciary capac ity, where permitted so to serve by the laws of this state.
(c) The list of activities in subsection (b) of this Code section is not exhaustive.
(d) This Code section shall not be deemed to establish a standard for activities that may subject a foreign limited liability company to taxation or to service of process under any of the laws of this state.
14-11-4. (a) Each foreign limited liability company that is required to procure a certifi cate of authority to do business in this state shall continuously maintain in this state a registered office and a registered agent at such registered office for service of process on the foreign limited liability company.
(b) A registered agent must be an individual resident of this state, a domestic corpora tion, or a foreign corporation authorized to do business in this state.
(c) A foreign limited liability company may change its registered office or its registered agent, or both, by indicating any such change on its annual registration statement filed pur suant to Code Section 14-11-14 or by executing and delivering to the Secretary of State for filing a statement setting forth:
(1) The name of the foreign limited liability company;
(2) The street address and county of its then registered office;
(3) If the address of its registered office is to be changed, the new street address and county of the registered office;
(4) The name of its then registered agent; and
(5) If its registered agent is to be changed, the name of its successor registered agent.
(d) If the Secretary of State finds that such statement conforms to subsection (c) of this Code section, he shall file such statement in his office; and upon such filing, the change of address of the registered office or the change of the registered agent, or both, as the case may be, shall become effective.
(e) A registered agent of a foreign limited liability company may resign as such agent upon filing a written notice thereof with the Secretary of State. The appointment of such agent shall terminate upon the expiration of 30 days after receipt of such notice by the Secretary of State. There shall be attached to such notice an affidavit of such agent, if an individual, or of an officer thereof, if a corporation, that at least 10 days prior to the date of filing such notice a written notice of the agent's intention to resign was mailed to the per son, and at the address, indicated in its most recently filed annual registration statement pursuant to paragraph (5) of subsection (a) of Code Section 14-11-14, or, if no annual regis tration statement has been filed, in its application for a certificate of authority to transact business pursuant to paragraph (8) of subsection (a) of Code Section 14-11-3. Upon such resignation becoming effective, the address of the office of the resigned registered agent shall no longer be the address of the registered office of the foreign limited liability company.
(f) A registered agent may change the agent's office and the address of the registered office of any foreign limited liability company of which the agent is the registered agent to another place within this state by filing a statement as required in subsection (c) of this Code section, except that it need be signed only by the registered agent and need not be responsive to paragraph (5) of subsection (c) of this Code section and must recite that a

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3025

copy of the statement has been mailed to the person, and at the address, indicated in its most recently filed annual registration statement pursuant to paragraph (5) of subsection (a) of Code Section 14-11-14, or, if no annual registration statement has been filed, in its application for a certificate of authority to transact business pursuant to paragraph (8) of subsection (a) of Code Section 14-11-3.
(g) The registered agent of one or more foreign limited liability companies may resign and appoint a successor registered agent by filing a statement with the Secretary of State stating that the agent resigns and stating the name, street address, and county of the office of the successor registered agent. There shall be attached to such statement a statement executed by each affected foreign limited liability company ratifying and approving such change of registered agent. Upon such filing, the successor registered agent shall become the registered agent of each such foreign limited liability company as has ratified and approved such substitution, and the successor registered agent's office, as stated in such statement, shall become the registered office in this state of each such foreign limited liability company. The Secretary of State shall furnish to the successor registered agent a certified copy of the statement of resignation.
(h) The registered agent of a foreign limited liability company authorized to transact business in this state is an agent of the foreign limited liability company on whom may be served any process, notice, or demand required or permitted by law to be served on the foreign limited liability company.
(i) Whenever a foreign limited liability company required to procure a certificate of authority to do business in this state shall fail to appoint or maintain a registered agent in this state, or whenever its registered agent cannot with reasonable diligence be found at the registered office, the Secretary of State shall be an agent of such foreign limited liability company upon whom any process, notice, or demand may be served. Service on the Secre tary of State of any such process, notice, or demand shall be made by delivering to and leaving with him or with any persons designated by the Secretary of State to receive such service two copies of such process, notice, or demand. The plaintiff or his attorney shall certify in writing to the Secretary of State that the foreign limited liability company failed either to maintain a registered office or appoint a registered agent in this state and that he has forwarded by registered mail such process, service, or demand to the last registered agent at the last registered office listed on the records of the Secretary of State and that service cannot be effected at such office.
(j) The Secretary of State shall keep a record of all processes, notices, and demands served upon him under this Code section and shall record therein the time of such service and his action with reference thereto.
(k) This Code section does not prescribe the only means, or necessarily the required means, of serving any process, notice, or demand required or permitted by law to be served on a foreign limited liability company.
(1) Venue in proceedings against a foreign limited liability company shall be determined in accordance with the pertinent constitutional and statutory provisions of this state in ef fect on the effective date of this chapter or thereafter. For purposes of determining venue, the residence of each foreign limited liability company authorized to transact business in this state shall be determined in accordance with Code Section 14-2-510 as though such foreign limited liability company were a foreign corporation.
14-11-5. (a) If the Secretary of State finds that an application for a certificate of author ity conforms to law and all requisite fees and any penalty due pursuant to Code Section 1411-9 have been paid, he shall:
(1) Stamp or otherwise endorse his official title and the date and time of receipt on the application;
(2) File in his office a copy of the application; and
(3) Issue a certificate of authority to transact business in this state.

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(b) The certificate of authority must be returned to the person who filed the application or such person's representative.
(c) If the certificate of authority is issued by the Secretary of State, a foreign limited liability company shall be deemed authorized to transact business in this state from the time of filing its application for the certificate of authority.
14-11-6. (a) A foreign limited liability company may apply for a certificate of authority with the Secretary of State under any name, whether or not it is the name under which it is registered in its jurisdiction of organization; provided, however, that such name:
(1) Must contain the words 'limited liability company' or 'limited company' (it being permitted to abbreviate the word 'limited' as 'ltd.' and the word 'company' as 'co.') or the abbreviations 'L.L.C.' or 'L.C.';
(2) Must be distinguishable on the records of the Secretary of State from the name of any corporation, nonprofit corporation, limited partnership, foreign limited liability com pany, professional corporation, or professional association on file with the Secretary of State pursuant to this title; and
(3) May not contain any words indicating that the business is organized other than as a limited liability company.
(b) Whenever a foreign limited liability company is unable to procure a certificate of authority to transact business in this state because its name does not comply with para graph (2) of subsection (a) of this Code section, it may nonetheless apply for authority to transact business in this state by adding in parentheses to its name in such application a word, abbreviation, or other distinctive and distinguishing element such as the name of the jurisdiction where it is organized. If in the judgment of the Secretary of State the name of the foreign limited liability company with such addition would comply with subsection (a) of this Code section, subsection (a) of this Code section shall not be a bar to the issuance to such foreign limited liability company of a certificate of authority to transact business in this state. In such case, any such certificate issued to such foreign limited liability company shall be issued in its name with such additions, and the foreign limited liability company shall use such name with such additions in all its dealings with the Secretary of State.
14-11-7. A foreign limited liability company authorized to transact business in this state must procure an amended certificate of authority from the Secretary of State if it changes its name or its jurisdiction of organization. The requirements of Code Sections 14-11-3 and 14-11-5 for procuring an original certificate of authority shall apply to procuring an amended certificate under this Code section.
14-11-8. (a) A foreign limited liability company authorized to transact business in this state may not withdraw from this state until it obtains a certificate of withdrawal from the Secretary of State.
(b) A foreign limited liability company authorized to transact business in this state may apply for a certificate of withdrawal by delivering to the Secretary of State for filing an application that sets forth:
(1) The name of the foreign limited liability company and the name of the jurisdiction under whose law it is organized;
(2) That it is not transacting business in this state and that it surrenders its authority to transact business in this state;
(3) That it revokes the authority of its registered agent to accept service on its behalf and appoints the Secretary of State as its agent for service of process in any proceeding based on a cause of action arising during the time it was authorized to transact business in this state;
(4) A mailing address to which a copy of any process served on the Secretary of State pursuant to paragraph (3) of this subsection may be mailed under subsection (c) of this Code section; and

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(5) A commitment to notify the Secretary of State in the future of any change in the mailing address provided pursuant to paragraph (4) of this subsection.
(c) After the withdrawal of the foreign limited liability company is effective, service of process on the Secretary of State under this Code section is service on the foreign limited liability company. Any party that serves process on the Secretary of State in accordance with this subsection shall also mail a copy of the process to the foreign limited liability company at the mailing address provided pursuant to subsection (b) of this Code section.
14-11-9. The Secretary of State may commence a proceeding under Code Section 14-1110 to revoke the certificate of authority of a foreign limited liability company authorized to transact business in this state if:
(1) The foreign limited liability company does not deliver its annual registration to the Secretary of State within 60 days after it is due;
(2) The foreign limited liability company does not pay within 60 days after they are due any fees, taxes, or penalties imposed by this chapter or other law;
(3) The foreign limited liability company is without a registered agent or registered office in this state for 60 days or more;
(4) The foreign limited liability company does not inform the Secretary of State under Code Section 14-11-4 that its registered agent or registered office has changed, that its regis tered agent has resigned, or that its registered office has been discontinued within 60 days of the change, resignation, or discontinuance;
(5) A member, manager, other owner, or agent of the foreign limited liability company signed a document such person knew was false in a material respect with intent that the document be delivered to the Secretary of State for filing; or
(6) The Secretary of State receives a duly authenticated certificate from the secretary of state or other official having custody of records in the jurisdiction under whose law the foreign limited liability company is organized stating that it has been dissolved, terminated, or disappeared as the result of a merger.
14-11-10. (a) If the Secretary of State determines that one or more grounds exist under Code Section 14-11-9 for revocation of a certificate of authority, the Secretary of State shall provide the foreign limited liability company with written notice of such determination by mailing a copy of the notice, first-class mail, to the person and at the address indicated in its most recently filed annual registration statement pursuant to paragraph (5) of subsection (a) of Code Section 14-11-14 or, if no annual registration statement has been filed, in its application for a certificate of authority to transact business pursuant to paragraph (8) of subsection (a) of Code Section 14-11-3 or to the registered agent.
(b) If the foreign limited liability company does not correct each ground for revocation or demonstrate to the reasonable satisfaction of the Secretary of State that each ground determined by the Secretary of State does not exist within 60 days after the notice is pro vided to the foreign limited liability company, the Secretary of State may revoke the foreign limited liability company's certificate of authority by signing a certificate of revocation that recites the ground or grounds for revocation and its effective date.
(c) The authority of a foreign limited liability company to transact business in this state ceases on the date shown on the certificate revoking its certificate of authority.
(d) The Secretary of State's revocation of a foreign limited liability company's certifi cate of authority appoints the Secretary of State as the foreign limited liability company's agent for service of process in any proceeding based on a cause of action which arose during the time the foreign limited liability company was authorized to transact business in this state. Service of process on the Secretary of State under this subsection is service on the foreign limited liability company. Any party that serves process on the Secretary of State shall also mail a copy of the process to the person and at the address indicated in its most recently filed annual registration statement pursuant to paragraph (5) of subsection (a) of

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Code Section 14-11-14 or, if no annual registration statement has been filed, in its applica tion for a certificate of authority to transact business pursuant to paragraph (8) of subsec tion (a) of Code Section 14-11-3 or to the registered agent. This paragraph does not pre scribe the only means, or necessarily the required means, of serving any process, notice, or demand required or permitted by law to be served on a foreign limited liability company.
(e) Revocation of a foreign limited liability company's certificate of authority does not terminate the authority of the registered agent of the foreign limited liability company.
14-11-11. (a) A foreign limited liability company may appeal the Secretary of State's revocation of its certificate of authority to the Superior Court of Fulton County within 30 days after service of the certificate of revocation is perfected under Code Section 14-11-10. The foreign limited liability company appeals by petitioning the court to set aside the revo cation and attaching to the petition copies of its certificate of authority and the Secretary of State's certificate of revocation.
(b) The court may summarily order the Secretary of State to reinstate the certificate of authority or may take any other action the court considers appropriate.
(c) The court's final decision may be appealed as in other civil proceedings.
14-11-12. (a) A foreign limited liability company transacting business in this state may not maintain an action, suit, or proceeding in a court of this state until it is authorized to transact business in this state.
(b) The failure of a foreign limited liability company to procure a certificate of author ity does not impair the validity of any contract or act of the foreign limited liability com pany or prevent the foreign limited liability company from defending any action, suit, or proceeding in any court of this state.
(c) A foreign limited liability company that transacts business in this state without reg istering as required by this chapter shall be liable to the state:
(1) For all fees which would have been imposed by this chapter upon such foreign lim ited liability company had it registered as required by this chapter; and
(2) If it has not been authorized to transact business in this state within 30 days after the first day on which it transacts business in this state, for a penalty of $500.00 for each year or part thereof during which it so transacts business.
14-11-13. The Attorney General may maintain an action to restrain a foreign limited liability company from transacting business in this state in violation of this chapter.
14-11-14. (a) Each foreign limited liability company authorized to transact business in this state shall deliver to the Secretary of State for filing an annual registration that sets forth:
(1) The name of the foreign limited liability company and the jurisdiction under whose laws it is organized;
(2) The street address and county of its registered office in this state and the name of its registered agent at that office;
(3) The address of the office it is required to maintain in the jurisdiction of its organiza tion by the laws of that jurisdiction or, if no such office is required to be maintained, of its principal office;
(4) The address of the office at which is kept a list of the names and addresses of the members and other owners of the foreign limited liability company;
(5) The name and a business address of a person who, under the laws of the jurisdiction under which the foreign limited liability company was formed, has substantial responsibility for managing the business activities of the foreign limited liability company; and
(6) Any additional information that is necessary to enable the Secretary of State to carry out the provisions of this chapter.

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3029

(b) Information in the annual registration must be current as of the date the annual registration is executed on behalf of the foreign limited liability company.

(c) The first annual registration must be delivered to the Secretary of State between January 1 and April 1, or such other date as the Secretary of State may specify by rules or regulations, of the year following the calendar year in which the foreign limited liability company was authorized to transact business in this state. Subsequent annual registrations must be delivered to the Secretary of State between January 1 and April 1, or such other date as the Secretary of State may specify by rules or regulations, of the following calendar years.

(d) If an annual registration does not contain the information required by this Code section, the Secretary of State shall promptly notify the reporting foreign limited liability company in writing and return the report to it for correction. If the report is corrected to contain the information required by this Code section and delivered to the Secretary of State within 30 days after the effective date of notice, it is deemed to be timely filed.

14-11-15. The Secretary of State shall collect the following fees and penalties when the documents described below are delivered to the Secretary of State for filing pursuant to the chapter:

Document

Fee

(1) Application for certificate of authority to transact business .............................................. $200.00

(2) Statement of change of registered office of registered agent

$5.00 per foreign limited liability company, but not less than $20.00

(3) Registered agent's statement of resignation pursuant to subsection (c) of Code Section 14-11-4 ....................................................... No fee

(4) Annual registration ............................................... $25.00

(5) Any other document required or permitted to be filed by this chapter .................................................... $20.00

14-11-16. The Secretary of State shall have the power and authority reasonably neces sary to enable him to administer this chapter efficiently and to perform the duties imposed upon him pursuant to this chapter, including, without limitation, the power and authority to employ from time to time such additional personnel as in his judgment are required for such purposes.
14-11-17. The Secretary of State may promulgate such rules and regulations, not incon sistent with the provisions of this chapter, which are incidental to and necessary for the implementation and enforcement of such provisions of this chapter as are administered by the Secretary of State. Such rules and regulations shall be promulgated in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'
14-11-18. The Secretary of State's duty to file documents under this chapter is ministe rial. His filing or refusing to file a document does not:
(1) Affect the validity or invalidity of the document in whole or part;

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(2) Relate to the correctness or incorrectness of information contained in the document; or
(3) Create a presumption that the document is valid or invalid or that information con tained in the document is correct or incorrect.
14-11-19. This chapter becomes effective on, and governs all foreign limited liability companies transacting business in this state on or after, July 1, 1992."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 40, nays 0, and the substitute was adopted.

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

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

Those voting in the affirmative were Senators:

Albert Baldwin Bishop Bowen Broun of 46th Brown of 26th Burton Clay Coleman Collins Dawkins Deal Dean Echols Edge Egan

English Foster Harris Hasty Henson Hill Huggins Johnson Kidd Langford Marable Moye Newbill Perdue Perry Phillips

Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Scott Starr Tate Taylor Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White

Those not voting were Senators:

Alien

Hammill

Garner (excused conferee) Hooks (excused conferee)

Gillis (presiding)

Robinson

Shumake Steinberg

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

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

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 bill of the House:

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

MONDAY, MARCH 30, 1992

3031

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.
The House has disagreed to the Senate amendment to the following bill of the House:
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.
The House has agreed to the Senate substitute, to the House substitute, to the follow ing bill of the Senate:
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 House has agreed to the Senate amendment, as amended by the House, to the following bill of the House:
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 agreed to the Senate amendment, to the House substitute, to the follow ing bill of the Senate:
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 House has disagreed to the Senate substitute to the following bill of the House:
HB 1482. By Representatives Thomas of the 69th, Kilgore of the 42nd, Porter of the 119th, Hamilton of the 124th, Coleman of the 118th 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 exceptions; to provide for notice and a public hearing regarding a reorganization or consolida tion plan.
The House has agreed to the Senate substitute, as amended by the House, to the fol lowing bill of the House:
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.

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The House has disagreed to the Senate amendment to the following Resolution of the House:
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.
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 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, than no guardian ad litem need be appointed; to provide for admissibility of blood tests.
The Speaker has appointed on the part of the House, Representatives Oliver of the 53rd, Chambless of the 133rd and Thomas of the 69th.
Senator Gillis of the 20th, who was presiding at the direction of the President, an nounced that the Senate would stand in recess from 6:00 o'clock P.M. until 7:00 o'clock P.M.
At 7:00 o'clock P.M., the President called the Senate to order.
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 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 has passed, by substitute, by the requisite constitutional majority the fol lowing bill of the Senate:
SB 174. By Senators Deal of the 49th, Garner of the 30th, Baldwin of the 29th and others: A bill to amend Chapter 1 of Title 28 of the Official Code of Georgia Annotated, relating to general provisions pertaining to the General Assembly, so as to change provisions relating to the method of proof of advertisement of local bills; to pro vide for related matters; to provide for an effective date and for applicability.

MONDAY, MARCH 30, 1992

3033

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

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.
Senate Sponsor: Senator Taylor of the 12th.

Senator Edge of the 28th offered the following amendment:

Amend HB 1624 by adding on page 2, line 30 the following:
"(c) Notwithstanding any other provision of law to the contrary, the commission shall be authorized to regulate the territory of operation of every radio utility operating in this state."

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:

Baldwin Brown of 26th Burton Clay Collins Dawkins

Dean Echols Edge Egan Hasty

Perdue Phillips Ragan of 32nd Ramsey White

Those voting in the negative were Senators:

Albert Bowen Broun of 46th Coleman English Foster Gillis Hammill Harris Henson

Huggins Kidd Marable Moye Newbill Perry Pollard Ragan of 10th Ray

Robinson Scott Starr Tate Taylor Thompson Timmons Turner Tysinger

Those not voting were Senators:

Alien Bishop Deal (excused conferee) Garner (excused conferee) Hill

Hooks Johnson (excused conferee) Langford Shumake

Steinberg Walker of 22nd Walker of 43rd (excused conferee)

On the adoption of the amendment offered by Senator Edge of the 28th, the yeas were 16, nays 28, and the amendment was lost.

Senators Walker of the 22nd and Garner of the 30th offered the following amendment:

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Amend HB 1624 by adding before line 1 on page 1 the following:
"To amend Article 2 of Chapter 2 of Title 46 of the Official Code of Georgia Annotated, relating to the jurisdiction, powers, and duties of the Public Service Commission, so as to provide for the recovery of expenses and lost revenues from expanded local calling by an affected telephone company;".
By striking "To" at the beginning of line 1 on page 1 and inserting in its place "to".
By adding between lines 8 and 9 of page 1 a new Section 1 to read as follows:
"Section 1. Article 2 of Chapter 2 of Title 46 of the Official Code of Georgia Annotated, relating to the jurisdiction, powers, and duties of the Public Service Commission, is amended by adding at the end thereof a new Code Section 46-2-25.2 to read as follows:
'46-2-25.2. Whenever the scope of any local calling area is expanded, whether by expan sion of an exchange boundary, by implementation of Extended Area Service, by reduction of long distance charges to zero, or by any other means, any affected telephone company shall be entitled to recover all of its expenses and lost revenues, through offsetting rate increases in the expanded area. Prior to authorizing an offsetting rate increase for an affected tele phone company, the commission may consider using any available excess profits to offset the lost revenues and expenses for any telephone company whose earnings have not been reviewed within three years of the date of any application for an offsetting rate increase.' "
By redesignating Sections 1 and 2 as Sections 2 and 3, respectively.

Senator Walker of the 22nd asked unanimous consent to withdraw the amendment of fered by Senators Walker of the 22nd and Garner of the 30th; the consent was granted, and the amendment was withdrawn.
Senator Taylor of the 12th offered the following amendment:

Amend HB 1624 by inserting on line 31 of page 2 a new Section 2 to read: "This Act shall become effective upon the signature of the Governor." And by renumbering accordingly.

On the adoption of the amendment offered by Senator Taylor of the 12th, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Bowen Broun of 46th Foster

Kidd Ragan of 10th Scott

Taylor Timmons Walker of 43rd

Those voting in the negative were Senators:

Baldwin Bishop Brown of 26th Burton Clay CC.-oo,,ll,eh.mnsan Dawkins Dean Echols
Edge Egan
English

Gillis Hammill Harris Hasty Henson HTHTiolol ki s Huggins Langford Marable
Newbill Perdue
Perry

Phillips Pollard Ragan of 32nd Ramsey j^ DRob, i.nson
Tate Thompson Turner Tysinger White

MONDAY, MARCH 30, 1992

3035

Those not voting were Senators:

Albert Alien Deal (excused conferee)

Garner (excused conferee) Johnson (excused conferee) Moye

Shumake Steinberg Walker of 22nd

On the adoption of the amendment offered by Senator Taylor of the 12th, the yeas were 9, nays 38, and the amendment was lost.

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

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

Those voting in the affirmative were Senators:

Albert 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 Kidd Langford Marable Newbill Perdue Perry Phillips

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

Those not voting were Senators:

Alien

Johnson (excused conferee)

Deal (excused conferee) Moye

Garner (excused conferee) Shumake

Steinberg Tysinger

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

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

Senator Coleman of the 1st moved that Senator Alien of the 2nd be excused from the Senate for approximately one hour.

On the motion, the yeas were 35, nays 0; the motion prevailed, and Senator Alien of the 2nd was excused from the Senate at 7:30 o'clock P.M. for approximately one hour.

The following bill of the House was taken up for the purpose of considering the Confer ence Committee report thereon:

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

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a copy of local bills annexing territory to a municipality to be provided to the governing authority of the county.

The Conference Committee report on HB 113 was as follows:
The Committee of Conference on HB 113 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference substitute to HB 113 be adopted.
Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/a/ W.F. Harris Senator, 27th District

/s/ Dick Lane Representative, 27th District

/s/ Gene Walker Senator, 43rd District

/s/ Jimmy Skipper Representative, 116th District

/s/ Sonny Perdue Senator, 18th District

/s/ L. Charles Watts Representative, 41st District

Conference Committee substitute to HB 113:

A BILL
To be entitled an Act 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 re quire a copy of local bills annexing territory to a municipality to be provided to the gov erning authority of the county; to amend Code Section 36-35-2 of the Official Code of Geor gia Annotated, relating to incorporation, dissolution, or merger of municipalities and changes in municipal boundaries, so as to change the time limitation relative to the annexa tion of property which had been deannexed by local Act of the General Assembly; to amend Chapter 36 of Title 36 of the Official Code of Georgia Annotated, relating to the annexation of territory by municipalities, so as to comprehensively revise the provisions relating to such annexation; to establish procedures applicable to annexation; to prohibit creation of unin corporated islands; to provide for annexation of unincorporated islands; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 1 of Title 28 of the Official Code of Georgia Annotated, relating to general provisions applicable to the General Assembly, is amended by adding a new Code Section 28-1-14.1 to read as follows:
"28-1-14.1 A copy of any local bill which proposes to annex unincorporated land to a municipality shall be provided to the governing authority of the county within which the area proposed to be annexed is located at the time the notice required by Code Section 281-14 is published; otherwise such annexation shall be void. Provided, however, any such bill shall be subject to amendment during the legislative process without affecting its validity."
Section 2. Code Section 36-35-2 of the Official Code of Georgia Annotated, relating to incorporation, dissolution, or merger of municipalities and changes in municipal boundaries, is amended by striking subsection (b) in its entirety and substituting in lieu thereof a new subsection (b) to read as follows:
"(b) Whenever any local Act of the General Assembly deannexes property lying within the boundaries of a municipal corporation, such property shall not be subject to annexation under Chapter 36 of this title by the municipal corporation from which the property was deannexed for a period of five three years from such deannexation."
Section 3. Chapter 36 of Title 36 of the Official Code of Georgia Annotated, relating to

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the annexation of territory by municipalities, is amended by striking said chapter in its entirety and substituting in lieu thereof a new Chapter 36 to read as follows:
"CHAPTER 36
ARTICLE 1
36-36-1. The procedures set forth in this article shall apply to all annexations pursuant to this chapter and to annexation by local Act of the General Assembly.
36-36-2. (a) Except as provided in subsection (b) of this Code section, and unless other wise Agreed by joint resolution of the county governing authority and the governing author ity of the municipality annexing land, all annexation shall become effective on the last day of the calendar quarter during which such annexation occurred.
(b) Where an independent school system exists within the boundaries of a municipality, other effective dates may be established by the municipality solely for the purpose of deter mining school enrollment
36-36-3. (a) Within 30 days after the effective date by local Act annexing property into a municipality or within 30 days after the effective date of an annexation by ordinance, the governing authority of the municipality annexing land shall identify the annexed area by providing a map and complete survey by a competent surveyor of the area annexed to the Secretary of State and to the governing authority of the county in which the annexed prop erty is located.
(b) For an annexation pursuant to Article 6 of this chapter, the municipal governing authority may provide, in lieu of the map and complete survey required by subsection (a) of this Code section, a copy of the page or pages from the plat book which identifies the prop erty being annexed or a copy of the tax map or maps in which the property being annexed is located.
(c) The map and survey of each annexed area required to be provided to the Secretary of State shall be transmitted to the director of the Elections Division of the Secretary of State.
36-36-4. (a) Except as provided in Code Section 36-36-5, the creation of unincorporated islands as described in paragraph (1), (2), or (3) of this Code section shall be prohibited:
(1) Annexation or deannexation which would result in the creation of an unincorporated area with its aggregate external boundaries abutting the annexing municipality;
(2) Annexation or deannexation which would result in the creation of an unincorporated area"with its aggregate external boundaries abutting any combination of the annexing mu nicipality and one or more other municipalities; or
(3) Annexation or deannexation which would result in the creation of an unincorporated areaTo which the county would have no reasonable means of physical access for the provi sion of services otherwise provided by the county governing authority solely to the unincor porated area of the county.
(b) When requested by resolution of the county governing authority, a municipality is authorized to provide any service or exercise any function within an unincorporated island. Such authority shall be in addition to any other authority of the municipality to provide extraterritorial services or functions. For purposes of this subparagraph, 'unincorporated is land' shall have the same meaning as contained in paragraph (3) of Code Section 36-36-90.
36-36-5. Annexation of an unincorporated island comprised of more than 50 acres shall be annexed only through use of the annexation method provided by Article 3 of this chap ter; provided, however, any land of less than 50 acres in size located within such an unincor porated island may be annexed through the use of the annexation methods contained in Article 2, 3, or 4 of this chapter or by a local Act of the General Assembly.
36-36-6. Upon accepting an application for annexation pursuant to subsection (a) of Code~Section 36-36-21 or a petition for annexation pursuant to Code Section 36-36-32, or

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upon adopting a resolution calling for an annexation referendum pursuant to Code Section 36-36-57, the governing authority of the annexing municipality shall within five business days give written notice of the proposed annexation to the governing authority of the county wherein the area proposed for annexation is located. Such notice shall include a map or other description of the site proposed to be annexed sufficient to identify the area. Where the proposed annexation is to be effected by a local Act of the General Assembly, a copy of the proposed legislation shall in accordance with Code Section 28-1-14.1 be provided to the governing authority of the county wherein the proposed annexation is located at the same time the notice of intent required by state law is published.
36-36-7. (a) Upon receiving notice of a proposed annexation pursuant to Code Section 36-36-6, the county governing authority shall notify the governing authority of the munici pality within five business days of receipt of such notice if any county owned public facili ties are located in the area proposed to be annexed.
(b) Except as otherwise provided in this Code section, ownership and control of county owned" public properties and facilities are not diminished or otherwise affected by annexa tion of the area in which the county owned public property or facility is located.
(c) Whenever a municipality annexes land on both sides of a county road right of way, the annexing municipality shall assume the ownership, control, care, and maintenance of such right of way unless the municipality and the county agree otherwise by joint resolution.
(d) Whenever county owned property or a county owned facility within an area annexed by a municipality is no longer usable for service to the unincorporated area of the county as a result of the annexation, the annexing municipality shall be required to acquire said prop erty from the county governing authority under the following conditions:
(1) The annexation must be final;
(2) The county property or facility must be funded by revenues derived from the unin corporated areas of the county and must be used to provide service solely to the unincorpo rated areas of the county;
(3) The county adopts a resolution declaring that the property or facility is no longer usable for service to the unincorporated area of the county as a result of the annexation; and
(4) Unless otherwise provided by mutual agreement, the county shall be compensated in arTamount equal to the fair market value of the property or facility which is no longer usable for service to the unincorporated area. If the county and municipality fail to agree as to the fair market value of the property or facility within 180 days following adoption of the resolution required by paragraph (3), the question of fair market value shall be submitted to a special master appointed by the superior court of the county in which the property or facility is located for determination of value.
36-36-8. No annexation shall invalidate any utility service agreement between a county and an annexing municipality in effect on the effective date of this chapter, except by mu tual written consent.
36-36-9. All notices to a municipal or county governing authority required pursuant to this chapter shall be sent by certified mail return receipt requested.
ARTICLE 1 ARTICLE 2
86-36-1 36-36-20. As used in this article, the term 'contiguous area' means any area which , at the time annexation procedures are initiated, either abuts directly on the munici pal boundary or would directly abut on the municipal boundary if it were not otherwise separated from the municipal boundary by lands owned by the municipal corporation or some other political subdivision, by lands owned by this state, or by the definite width of (1) any street or street right of way, (2) any creek or river, or (3) any right of way of a railroad or other public service corporation which divides the municipal boundary and any area pro posed to be annexed. If, at the time annexation procedures are initiated, the entire area to

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be annexed is owned by the municipal governing authority to which the area is to be an nexed and if the annexation of municipally owned property is approved by resolution of the governing authority of the county wherein the property is located, then the term 'contiguous area' shall mean any area which, at the time annexation procedures are initiated, abuts directly on the municipal boundary or which would directly abut on the municipal boundary if it were not otherwise separated from the municipal boundary by lands owned by the municipal corporation or some other political subdivision, by lands owned by this state, or by the definite width or by the length of (1) any street or street right of way, (2) any creek or river, or (3) any right of way of a railroad or other public service corporation which divides the municipal boundary and any area proposed to be annexed.
36 86-2 36-36-21. (a) Authority is granted to the governing bodies of the several munici pal corporations of this state to annex to the existing corporate limits thereof unincorpo rated areas contiguous to the existing corporate limits at the time of such annexation, in accordance with the procedures provided in this article and in Article 1 of this chapter, upon the written and signed applications of all of the owners of all of the land, except the owners of any public street, road, highway, or right of way, proposed to be annexed, contain ing a complete description of the lands to be annexed. Lands to be annexed at any one time shall be treated as one body, regardless of the number of owners, and all parts shall be considered as adjoining the limits of the municipal corporation when any one part of the entire body abuts such limits. When such application is acted upon by the municipal au thorities and the land is, by ordinance, annexed to the municipal corporation, a complete survey by a competent surveyor, not necessarily a county surveyor, shall be filed as a part of the ordinance annexing the territory and a copy, certified to by the clerk or similar official of the municipal corporation, shall be filed with the Secretary of State of this state an identifi cation of the property so annexed shall be filed with the Secretary of State and with the governing authority of the county in which the property is located in accordance with Code Section 36-36-3. When so annexed, such lands shall constitute a part of the lands within the corporate limits of the municipal corporation as completely and fully as if the limits had been marked and defined by special local Act of the General Assembly.
(b) This article shall not apply to any municipal corporation within a county having a population of 100,000 or more persons according to the United States decennial census of 1960 or any future such census.
ARTICLE 2 ARTICLE 3
36 86'20 36-36-30. As used in this article, the term 'municipal corporation' means a municipal corporation which has a population of 200 or more persons according to the United Stated decennial census of 1960 or any future such census.
36-36 21 36-36-31. (a) As used in this article, the term 'contiguous area' means any area of which at least one-eighth of the aggregate external boundary, at the time annexation proce dures are initiated, directly abuts the municipal boundary. Any area shall also be a 'contigu ous area' if at least one-eighth of its aggregate external boundary would directly abut the municipal boundary if not otherwise separated, in whole or in part, from the municipal boundary by lands owned by the municipal corporation, by lands owned by a county, or by lands owned by this state or by the definite width of (1) any street or street right of way, (2) any creek or river, or (3) any right of way of a railroad or other public service corporation.
(b) For purposes of determining an area's aggregate external boundary, all real property which, at the time annexation procedures are initiated, (1) is owned by the same person who owns real property in the area to be annexed, (2) adjoins to any extent such owner's real property in the area to be annexed, 3) is in the same county as the real property in the area to be annexed, and (4) is not included within the boundaries of any municipal corporation shall have its area included in determining the aggregate external boundary of the area to be annexed.

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86 36' 22 36-36-32. (a) Authority is granted to the governing bodies of the several mu nicipal corporations of this state to annex to the existing corporate limits thereof unincorpo rated areas which are contiguous to the existing corporate limits at the time of such annexation, in accordance with the procedures provided in this article and in Article 1 of this chapter, upon the written and signed application of not less than 60 percent of the electors resident in the area included in any such application and of the owners of not less than 60 percent of the land area, by acreage, included in such application. The authority granted in this Code section is in addition to existing authority and is intended to provide a cumulative method of annexing territory to municipal corporations in addition to those methods pro vided by present law.
(b) Each such application shall contain a complete description of the land proposed to be annexed. Lands to be annexed at any one time shall be treated as one body, regardless of the number of owners, and all parts shall be considered as adjoining the limits of the munic ipal corporation when any one part of the entire body abuts such limits.
(c) Each person signing an application for annexation shall also print or type thereon his name, address, and the date of signature. In addition, he shall indicate whether he is a landowner within the area to be annexed, an elector, or both.
{} (d) For the purpose of determining the percentage of electors signing such applica tion, the municipal governing body shall obtain a list of electors residing in such area from the board of registrars of the county or counties in which the area lies. The list shall be compiled by the board of registrars and provided to the municipal governing body in accor dance with Code Section 21-2-243. The municipal governing body shall bear the expense of the preparation of the list in the manner prescribed by such Code section.
44} (e) For the purpose of determining ownership of the property included within such application, the record titleholder of the fee simple title or his legal representative shall be considered the 'owner' of the property.
(f) Signatures of owners of public roads and other public land within the area to be annexed shall not be required in satisfying the requirements of subsection (a) of this Code section and the acreage of such public properties shall be excluded from acreage calculations pertaining to the landowner approval required by said subsection (a). This subsection ap plies only where the public properties are included in the area to be annexed.
(g) The necessary number of signatures of landowners and electors shall be obtained within one calendar year following the date of the first signature obtained. Failure to collect the required number within the one-year period shall invalidate previously collected signa tures. Nothing in this subsection shall prohibit collection of signatures from the same per sons on subsequent applications for annexation.
36-36-28 36-36-33. There shall be no annexation across the boundary lines of any county under this article.
36 86-24 36-36-34. Whenever the governing body of a municipal corporation receives an application pursuant to Code Section 36-36-22 36-36-32, it shall, after investigation, deter mine whether such application complies with the requirements of this article. If it is deter mined that the application does not comply with this article, the governing body shall notify in writing the persons presenting the application, stating wherein the application is defi cient. If it is determined that the application does comply with this article, the municipal governing body shall proceed to act on the application in accordance with Code Section 3636-36 36-36-36.
36-36-26 36-36-35. (a) A municipal corporation exercising authority under this article shall make plans for the extension of services to the area proposed to be annexed and, prior to the public hearing provided for in Code Section 36-36-26 36-36-36, shall prepare a report setting forth its plans to provide services to the area, (b) The report required in subsection (a) of this Code section shall include:
(1) A map or maps of the municipality and adjacent territory, showing the present and

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proposed boundaries of the municipal corporation, the present major trunk water mains and sewer interceptors and outfalls, and the proposed extensions of such mains and outfalls as required in paragraph (2) of subsection (c) of this Code section; and
(2) A statement setting forth the plans of the municipal corporation for extending to the area to be annexed each major municipal service performed within the municipality at the time of annexation.
(c) The plans required in subsection (a) of this Code section shall:
(1) Provide for extending police protection, fire protection, garbage collection, and street maintenance services to the area to be annexed, on the date of annexation, on sub stantially the same basis and in the same manner as such services are provided within the rest of the municipal corporation prior to annexation; but if a water distribution system is not available in the area to be annexed, the plans must call for reasonably effective fire protection services until such time as water lines are made available in the area under ex isting municipal policies for the extension of water lines; and
(2) Provide for extension of major trunk water mains and sewer outfall lines into the area to be annexed within 12 months of the effective date of annexation, so that when such lines are constructed property owners in the area to be annexed will be able to secure public water and sewer service, according to the policies in effect in such municipal corporation for extending water and sewer lines to individual lots or subdivisions.
(d) The report required in subsection (a) of this Code section shall be prepared and made available to the public at least 14 days prior to the public hearing required by Code Section 36-36-36T
06-86-26 36-36-36. (a) The municipal governing body shall hold a public hearing on any application which has been determined to meet the requirements of this article. The hearing shall be held not less than 15 nor more than 45 days from the time the governing body makes a determination that the petition is valid. Notice of the time and place of the hearing shall be given in writing to the persons presenting the application and shall be advertised once a week for two consecutive weeks immediately preceding the hearing in a newspaper of general circulation in the municipal corporation and in the area proposed for annexation.
(b) At the public hearing all persons resident or owning property in the municipal cor poration or in the area proposed for annexation may be heard on the question of the annex ation of the area by the municipal corporation.
(c) Any property owner or elector may withdraw his consent at any time through the date of in writing postmarkecTbr received within three business days after the public hear ing required by this Code section.
86-86-27 36-36-37. (a) If, after the public hearing, the governing body determines that the annexation to the municipal corporation of the area proposed in the application would be in the best interest of the residents and property owners of the area proposed for annexa tion and of the citizens of the municipal corporation, the area may be annexed to the munic ipal corporation by the adoption of an annexing ordinance.
(b) The annexing ordinance authorized by subsection (a) of this Code section shall be adopted within 60 days following validation of the signature of the applicants.
86-36-28 36-36-38. (a) When an application pursuant to Code Section 36-86-22 36-36-32 is acted upon by the municipal authorities and the land, by ordinance, is annexed to the municipal corporation, a complete survey by a competent surveyor, not necessarily a county aufvcyor, shall be filed as a part of the ordinance annexing the tcffitory and a copy, certified to by the clerk or similar official of the municipal corporation, shall be filed with the Secre tary of State of this atatc an identification of the annexed property shall be filed with the Secretary of State and witfi~the county in which the property is located in accordance with Code Section 36-36-3.

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(b) Municipal ad valorem taxes shall not apply to property within the annexed territory until January 1 of the following year.
(c) When so annexed, such lands shall constitute a part of the lands within the corpo rate limits of the municipal corporation as completely and fully as if the limits had been marked and defined by special local Act of the General Assembly.
36-36-20 36-36-39. (a) Within 30 days of the effective date of the ordinance annexing land to the municipal corporation, any resident elector of the area so annexed or of the municipal corporation or any property owner of such area or of the municipal corporation may bring a petition for declaratory judgment, in the superior court of the county of the legal situs of the annexing municipal corporation, to determine the validity, in accordance with this article, of the application and the municipal corporation's action thereon. When ever such a petition is filed, the municipal governing body shall file with the court the rec ord of their official actions in regard to such application and a certified copy of the annexing ordinance.
(b) The judgment of the court on any such petition may declare the annexation ordi nance null and void upon a finding that the application and the municipal corporation's action thereon are not in substantial compliance with this article. Upon a finding that proce dural defects or defects in the plan for service to the annexed area exist, the court, where possible, shall frame a judgment to perfect such defect and uphold the ordinance.
(c) Actions provided for in this Code section shall be in accordance with Chapter 4 of Title 9.
(d) Any aggrieved party may obtain a review of a final judgment under this Code sec tion as is provided by law in other cases.
36-36-80 36-36-40. Nothing within this article shall prohibit the municipal corporation from requiring the residents of the newly annexed area to use utilities owned by the munici pal corporation when they are available.
ARTICLE 8 ARTICLE 4
36 86'40 36-36-50. It is declared to be the intention of the General Assembly in enact ing this article to provide a method for annexing to municipal corporations areas which meet the legislative standards established by Code Section 86-36 44 36-36-54. This article is not intended to affect or restrict the present authority of the General Assembly to legislate regarding the annexation of any area contiguous to any municipal corporation in this state, nor to limit in any way the authority of the General Assembly to provide alternative meth ods for extending municipal boundaries. This article shall not affect legislation pending on July 1, 1970.
36 86-41 36-36-51. It is declared to be the policy in this state:
(1) That municipal corporations are created for the purpose of providing local govern mental services and for ensuring the health, safety, and welfare of persons and the protec tion of property in areas being used primarily for residential, commercial, industrial, and institutional purposes;
(2) That the orderly growth of municipal corporations, based on the need for municipal services and the ability of the municipal corporation to serve, is essential to the economic progress of the state and to the well-being of its urban citizens;
(3) That the extension of municipal boundaries to accomplish orderly growth should be in accordance with standards established by the General Assembly; and
(4) That any areas included within municipal boundaries under this article should re ceive all services provided by the annexing municipal corporation as soon as possible after coming within its boundaries.

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86-36 42 36-36-52. As used in this article, the term:
(1) 'Contiguous area' means any area which, at the time annexation procedures are ini tiated, either abuts directly on the municipal boundary or is separated from the municipal boundary by a street or street right of way, a creek or river, the right of way of a railroad or other public service corporation, lands owned by the municipal corporation or some other political subdivision, or lands owned by this state.
(2) 'Used for residential purposes' refers to any lot or tract five acres or less in size on which is constructed a habitable dwelling unit.
06-86-43 36-36-53. The governing body of any municipal corporation may extend the corporate limits of the municipal corporation to include any area which meets the standards of Code Section 36-86-46 36-36-56, under the conditions and procedure provided in this article and in accordance with the procedures provided in Article 1 of this chapter.
86-86-44 36-36-54. (a) A municipal governing body may extend the municipal corporate limits to include any area:
(1) Which meets the general standards of subsection (b) of this Code section; and
(2) Every part of which meets the requirements of either subsection (c) or subsection (d) of this Code section.
(b) The total area to be annexed must meet the following standards on the date of the adoption of the resolution:
(1) It must be adjacent or contiguous to the municipal corporation's boundaries at the time the annexation proceeding is begun;
(2) At least one-eighth of the aggregate external boundaries of the area must coincide with the municipal boundary;
(3) No part of the area shall be included within the boundary of another municipal corporation or county; and
(4) No part of the area shall, at the time notice of public hearing is given in accordance with Code Section 86-36-47 36-36-57, be receiving either water service or sewer service, or both, and also either police protection or fire protection from any unit of government other than the municipal corporation proposing annexation. This requirement may be waived by written agreement of the municipal corporation proposing annexation and of the other unit of government affected. Where a waiver of this requirement is applicable, a copy of the agreement shall be made a part of the report required by Code Section 36-36-46 36-36-56. Where contracts exist between counties and municipal corporations, both government entities must agree by mutual consent prior to annexation.
(c) Except as provided in subsection (d) of this Code section, the area to be annexed must be developed for urban purposes. An area developed for urban purposes is defined as any area which, on the date of the adoption of the annexation resolution, has a total resi dent population equal to at least two persons for each acre of land included within its boundaries and is subdivided into lots and tracts such that at least 60 percent of the total acreage consists of lots and tracts five acres or less in size and such that at least 60 percent of the total number of lots and tracts are one acre or less in size.
(d) In addition to areas developed for urban purposes, a governing body may include in the area to be annexed any area which does not meet the requirements of subsection (c) of this Code section if such area lies between the municipal boundary and an area developed for urban purposes such that the area developed for urban purposes is either not adjacent to the municipal boundary or cannot be served by the municipal corporation without ex tending services and water and sewer lines through the sparsely developed area and, if such area is adjacent, on at least 60 percent of its external boundary to any combination of the municipal boundary and the boundary of an area or areas developed for urban purposes as defined in subsection (c) of this Code section.

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(e) In fixing new municipal boundaries, a municipal governing body shall, wherever practical, use natural topographic features, such as ridge lines, streams, and creeks, as boundaries. If a street is used as a boundary, the governing body shall, wherever practical, include within the municipal corporation land on both sides of the street; such outside boundary may not extend more than 200 feet beyond the right of way of the street, except to include all of a lot or parcel of land partially within 200 feet of the right of way.
86 36-46 36-36-55. In determining population and degree of land subdivision for pur poses of meeting the requirements of Code Section 36 36'44 36-36-54, the municipal corpo ration shall use methods calculated to provide reasonably accurate results. In determining, on appeal to the superior court, whether the standards set forth in Code Section 06-36-44 36-36-54 have been met, the reviewing court shall accept the estimates of the municipal corporation:
(1) As to population, if the estimate is based on the number of dwelling units in the area multiplied by the average family size in the area or in the county or counties of which the area is a part, as determined by the last preceding federal census or based on a new enumeration carried out under reasonable rules and regulations by the annexing municipal corporation, provided that the court shall not accept such estimates if the petitioner on appeal demonstrates that the estimates are in error in the amount of 10 percent or more;
(2) As to total area, if the estimate is based on an actual survey, on county tax maps or records, on aerial photographs, or on some other reasonably reliable map used for official purposes by a governmental agency, unless the petitioner on appeal demonstrates that the estimates are in error in the amount of 5 percent or more; and
(3) As to degree of land subdivision, if the estimates are based on an actual survey, on county tax maps or records, on aerial photographs, or on some other reasonably reliable source, unless the petitioner on appeal shows that the estimates are in error in the amount of 5 percent or more.
36-06 46 36-36-56. (a) A municipal corporation exercising authority under this article shall make plans for the extension of services to the area proposed to be annexed and, prior to the public hearing provided for in Code Section 06-36 47 36-36-57, shall prepare a report setting forth its plans to provide services to such area.
(b) The report required in subsection (a) of this Code section shall include:
(1) A map or maps of the municipal corporation and adjacent territory, showing the present and proposed boundaries of the municipal corporation, the present major trunk water mains and sewer interceptors and outfalls, the proposed extensions of such mains and outfalls as required in paragraph (3) of this Code section, and the general land use pattern in the area to be annexed;
(2) A statement showing that the area to be annexed meets the requirements of Code Section 36-36-44 36-36-54; and
(3) A statement setting forth the plans of the municipal corporation for extending to the area to be annexed each major municipal service performed within the municipality at the time of annexation.
(c) The plans required in subsection (a) of this Code section shall:
(1) Provide for extending police protection, fire protection, garbage collection, and street maintenance services to the area to be annexed, on the date of annexation, on sub stantially the same basis and in the same manner as such services are provided within the rest of the municipality prior to annexation. If a water distribution system is not available in the area to be annexed, the plans must call for reasonable, effective fire protection ser vices until such time as water lines are made available in such area under existing municipal policies for the extension of water lines;
(2) Provide for extension of major trunk water mains and sewer outfall lines into the area to be annexed so that when such lines are constructed property owners in the area to

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be annexed will be able to secure public water and sewer service, according to the policies in effect in such municipality for extending water and sewer lines to individual lots or subdivisions;
(3) If extension of major trunk watermains and sewer outfall lines into the area to be annexed is necessary, set forth a proposed timetable for construction of such mains and outfalls as soon as possible following the effective date of annexation. In any event, the plans shall call for contracts to be let and construction to begin within 18 months following the effective date of annexation; and
(4) Set forth the methods under which the municipal corporation plans to finance ex tension of services into the area to be annexed.
36 86 47 36-36-57. (a) Any municipal governing body desiring to annex territory pursuant to this article shall first pass a resolution stating the intent of the municipal corporation to consider annexation. The resolution shall describe the boundaries of the area under consid eration and fix a date for a public hearing on the question of annexation. The date for the public hearing shall be not less than 30 days and not more than 60 days following passage of the resolution. The notice of the public hearing shall (1) fix the date, hour, and place of a public hearing, (2) describe clearly the boundaries of the area under consideration, and (3) state that the report required in Code Section 36-86-46 36-36-56 will be available at the office of the municipal clerk at least 14 days prior to the date of the public hearing. The notice shall be given by publication in a newspaper having general circulation in the munici pality once a week for three successive weeks prior to the date of the hearing. The date of the last publication shall be not more than seven days preceding the date of public hearing. If there is no such newspaper, the municipal corporation shall post the notice in at least three public places within the municipality and in at least three public places in the area to be annexed for 30 days prior to the date of the public hearing.
(b) At least 14 days before the date of the public hearing, the governing body shall approve the report provided for in Code Section 86-36-46 36-36-56 and shall make it availa ble to the public at the office of the municipal clerk. In addition, the municipal corporation may prepare a summary of the full report for public distribution.
(c) At the public hearing, a representative of the municipal corporation shall first make an explanation of the report required in Code Section 36-36-46 36-36-56. Following such explanation, all persons resident or owning property in the territory described in the notice of public hearing and all residents of the municipality shall be given an opportunity to be heard.
36-86-48 36-36-58. The municipal corporation shall issue a call for a referendum to rat ify or reject the adoption of the annexation resolution. The referendum shall be held not less than 30 days nor more than 60 days after the date of the public hearing required by Code Section 36-36-47 36-36-57. The referendum shall be held, insofar as possible, under the procedures set forth in Chapter 3 of Title 21 for special elections. Only those person registered to vote for members of the General Assembly residing, on the date of the adop tion of the resolution, in the proposed area to be annexed shall vote in the referendum. If a majority of those voting vote in favor of annexation, the area shall become a part of the corporate limits of the municipality, but not otherwise. If a majority of those voting vote against the annexation, a period of two years must elapse before annexation of the same area or any portion thereof may be attempted again under authority of this article.
86-36 40 36-36-59. Whenever the limits of a municipal corporation are enlarged in ac cordance with this article, it shall be the duty of the mayor of the municipal corporation to cause an accurate map of the annexed territory, together with a copy of the resolution duly certified, to be recorded in the office of the registrar of deeds of the county of counties in which the territory is situated and in the office of the Secretary of State an identification of the annexed territory is to be filed with the Secretary of State and with the governing au _tho_rity of the county in which the property is located in accordance with Code Section 36-

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06 36-60 36-36-60. Any municipal corporation initiating annexations under this article is authorized to make expenditures for surveys required to describe the property under con sideration or for any other purpose necessary to plan for the study and annexation of unin corporated territory adjacent to the municipal corporation. In addition, following final pas sage of the annexation ordinance, the annexing municipal corporation shall have authority to proceed with expenditures for construction of water and sewer lines and other capital facilities and for any other purpose calculated to bring services into the annexed areas in an effective an expeditious manner prior to the effective date of annexation.
86 86-61 36-36-61. This article shall not apply to any territory which has been a part of a municipal corporation for three years immediately preceding July 1, 1970, and which has been or is in the process of being deannexed from the corporate limits of any such municipal corporation.
ARTICLE 4 ARTICLE 5
36-36-70. (a) The government of no municipality of this state may annex to the existing corporate limits of such municipality any unincorporated area in which water, sewerage, police protection, fire protection, and garbage or refuse collection is furnished or is to be furnished by the county in which such unincorporated area is situated, or where the county has included such unincorporated area in a comprehensive zoning plan of the county, with out first obtaining the approval of the governing authority of the county in which such unin corporated area is situated. Such approval must be obtained by an official act of the gov erning authority of the county and must be duly recorded upon the minutes of such body. The owner of any real property situated in such county shall have the right to enjoin any municipality which has not obtained the required approval of the governing authority of the county from exercising any municipal powers, functions, or duties over the unincorporated area improperly sought to be annexed to the existing corporate limits by an action for in junction filed in the superior court of the county in which the territory proposed for annexa tion is situated.
(b) The provisions of this Code section shall apply only to those counties of this state having a population of not less than 480,000 and not more than 580,000 according to the United States decennial census of 1980 or any future such census.
ARTICLE 6
36-36-90. As used in this article, the term:
(1) 'Contiguous area' means any unincorporated area which, on or after January 1, 1991, had an aggregate external boundary directly abutting a municipal boundary. Any area shall be considered 'contiguous' if the aggregate external boundary would directly abut the mu nicipal boundary if not otherwise separated, in whole or in part, from the municipal bound ary by lands owned by the municipal corporation, by lands owned by a county, or by lands owned by this state or by the definite width of:
(A) Any street or street right of way;
(B) Any creek or river; or
(C) Any right of way of a railroad or other public service corporation.
(2) 'Municipal corporation' means a municipal corporation which has a population of 200 or more persons according to the United States decennial census of 1980 or any future such census.
(3) 'Unincorporated island' means:
(A) An unincorporated area in existence on January 1, 1991, and consisting of 50 acres or less with its aggregate external boundaries abutting the annexing municipality;
(B) An unincorporated area in existence as of January 1, 1991, and consisting of 50 acres~or less with its aggregate external boundaries abutting any combination of the annex ing municipality and one or more other municipalities; or

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(C) An unincorporated area in existence as of January 1, 1991, and consisting of 50 acres or less which the county governing authority has by resolution adopted not later than 90 days following July 1, 1992, that identifies any unincorporated area of the county to which the county has no reasonable means of physical access for the provision of services otherwise provided by the county governing authority solely to the unincorporated area of the county.
36-36-91. For the purposes of determining the aggregate external boundary of an unin corporated area, all real property in the area to be annexed, which at the time the annexa tion procedures are initiated, (1) is unincorporated, and (2) is in the same county as the annexing municipal corporation, shall have its area included in determining the aggregate external boundary.
36-36-92. (a) The governing body of each municipal corporation of the state may annex to the" existing corporate limits thereof unincorporated islands which are contiguous to the existing limits at the time of such annexation upon compliance with the procedures set forth in this article and in accordance with the procedures provided in Article 1 of this chapter.
(b) Annexation of unincorporated islands as authorized in subsection (a) of this Code section shall be accomplished by ordinance at a regular meeting of the municipal governing authority within 30 days after written notice of intent to annex such property is mailed to the owner of such property at the last known address for such owner as it appears on the ad valorem tax records of the county in which such property is located. After the adoption of the annexation ordinance, an identification of the property annexed shall be filed with the Secretary of State and with the governing authority of the county in which the property is located, in accordance with Code Section 36-36-3.
(c) Annexation of an unincorporated island as authorized by subsection (a) of this Code section, which unincorporated island directly abuts more than one municipality, shall be by the municipality which abuts the unincorporated island along the greatest percentage of its external boundary as provided in this Code section, unless otherwise agreed to by the af fected municipalitiesT
(d) Annexations under this article shall be at the sole discretion of the governing body of each municipality.
(e) Municipal services to the annexed area shall be provided on substantially the same basis~and in the same manner as such services are provided within the rest of the municipal corporation; provided, however, the extension of water and sewer services shall be according to the policies in effect in such municipal corporation for extending water and sewer lines to individual lots and subdivisions!
(f) The provisions of this article with regard to annexation of unincorporated islands in sevefable as to each city and to the annexation of each unincorporated island therein. The implementation of each annexation pursuant to this article is contingent upon preclearance of each annexation by the U. S. Justice Department pursuant to Section 5 of the Voting Rights Act of 1965, 42 U.S.C. 1973(c). Any City annexing an unincorporated island pursuant to this article shall submit such annexation to the U. S. Justice Department for preclearance not later than sixty (60) days following the date of adoption of the annexation ordinance by the municipal governing authority."
Section 4. All laws and parts of laws in conflict with this Act are repealed.

Senator Harris of the 27th moved that the Senate adopt the Conference Committee report on HB 113.

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

Those voting in the affirmative were Senators:

Baldwin

Bishop

Bowen

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Brown of 26th Coleman Collins Dawkins Dean Echols EEdggane
English
Foster
Gillis
Hammill
Harris

Hasty Hill Hooks Huggins Kidd Langford MNeawrabbillle
Perdue
Perry
Phillips
Pollard
Ragan of 10th

Ramsey Ray Scott Starr Tate Tavlnr T* imy mons
Turner
Tysmger
Walker of 22nd
Walker of 43rd
White

Those voting in the negative were Senators:

Burton Clay

Ragan of 32nd

Thompson

Those not voting were Senators:

Albert Alien (excused) Broun of 46th Deal (excused conferee)

Garner (excused conferee) Henson Johnson (excused conferee) Moye

Robinson Shumake Steinberg

On the motion, the yeas were 41, nays 4; the motion prevailed, and the Senate adopted the Conference Committee report on HB 113.

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

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.

The House substitute to SB 750 was as follows:

A BILL
To be entitled an Act to amend Chapter 8 of Title 35 of the Official Code of Georgia Annotated, known as "Georgia Peace Officer Standards and Training Act," so as to change certain provisions relating to the appointment of a citizen of an adjoining state as a peace officer in certain cities; to provide for reimbursement by a new employer of a peace officer or for reimbursement by the peace officer to a municipality or county or the state which ini tially paid for the peace officer's mandated or formalized training; to provide for different amounts of reimbursement based on the time at which the peace officer is hired by a new employer following training; to provide for the Georgia Peace Officer Standards and Train ing Council to set the standards for reimbursement; to provide for civil remedies; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 8 of Title 35 of the Official Code of Georgia Annotated, known as "Georgia Peace Officer Standards and Training Act," is amended by striking in its entirety the Code Section 35-8-19, relating to the appointment of a citizen of an adjoining state as a

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peace officer in certain cities, and inserting in lieu thereof a new Code Section 35-8-19 to read as follows:
"35-8-19. In each city of this state adjacent to the State of Georgia boundary line and having a population of not leaa than 4,266 and not more than 4,300 according to the United Statca decennial cenaua of 1070 or any future such ccnaua, the sheriff, mayor, or other per son authorized to appoint peace officers may appoint as special deputy, special constable, marshal, policeman, or other peace officer; a person who is not a citizen of Georgia but who is a citizen of an adjoining state, provided such appointed person is otherwise qualified to serve as a peace officer."
Section 2. Said chapter is further amended by adding at the end thereof a new Code Section 35-8-22 to read as follows:
"35-8-22. (a) Unless otherwise provided by an employment contract to the contrary, if the State of Georgia or any county or municipality thereof employs a peace officer and said peace officer is hired by another agency within 15 months after completing mandated or formalized training requirements, then the total expense of training, including salary paid during training, shall be reimbursed by the hiring agency or the peace officer to the State of Georgia or any county or municipality thereof which initially paid for such training. If said officer is hired by another agency during a period of 15 to 24 months after mandated or formalized training requirements are completed, then one-half of the total expense of train ing, including salary paid during training, shall be reimbursed by the hiring agency or the peace officer to the State of Georgia or any county or municipality thereof which initially paid for such training. The council shall set standards for reimbursement by hiring agencies or peace officers based upon actual expenses incurred in mandated or formalized training by individual departments.
(b) The State of Georgia or any county or municipality thereof which initially paid for the training of a peace officer shall submit an itemized, sworn statement to the new em ployer of the peace officer and shall demand payment thereof and may enforce collection of such obligation through civil remedies and procedures."
Section 3. All laws and parts of laws in conflict with this Act are repealed.

Senator Baldwin of the 29th moved that the Senate agree to the House substitute to SB 750.

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

Those voting in the affirmative were Senators:

Baldwin Bishop Bowen Brown of 26th Burton Clay Coleman Collins Dawkins Dean Echols Edge Egan English Foster

Gillis Hammill Harris Henson Hill Hooks Huggins Kidd Langford 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 43rd White

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Those not voting were Senators:

Albert Alien (excused) Broun of 46th Deal (excused conferee)

Garner (excused conferee) Hasty Johnson (excused conferee) Moye

Shumake Thompson Walker of 22nd

On the motion, the yeas were 45, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 750.

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

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 House substitute to SB 784 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 dates of the initial enrollment count for purposes of determination of enrollment by institution; to change the method of calculating the amount of certain funding; to amend Code Section 202-260 of the Official Code of Georgia Annotated, relating to capital outlay funds in general, so as to provide for exceptions; to provide for notice and a public hearing regarding a reor ganization or consolidation plan; to provide a practice and procedure for filing opposition to a plan; to provide for mediation; to provide for reports; to provide a limit for funding; to provide for approval of certain projects; to provide that certain funds shall not be denied; to provide for procedures in cases of defeated bond referendum; 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 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, the "Quality Basic Education Act," is amended by striking in its entirety Code Section 20-2160, relating to the determination of enrollment by institutional program, and inserting in lieu thereof the following:
"20-2-160. (a) The State Board of Education shall designate the specific dates upon which three two 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 enrollment count after November 1 but prior to January 1, and the final enroll ment count after February 16 but prior to May 1 after October 1 but prior to November 17 and the final enrollment count after March 1 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

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3051

dedicate a major portion 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 one-sixth segment of the school day for which the student is charged tuition or fees or is required to provide materials or equipment beyond those authorized pursuant to Code Sec tion 20-2-133. A student who is enrolled in a regionally accredited postsecondary institution may be counted for the high school program for that portion of the day that the student is attending the postsecondary institution; provided, however, that the student is attending the high school for at least three segments that are eligible to be counted under this subsec tion and that the student's postsecondary program is approved by the high school principal or the principal's designee. The state board shall adopt such regulations and criteria as nec essary to ensure objective and true counts of students in state approved instructional pro grams. The state board shall also establish criteria by which students shall 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.
(b) The full-time equivalent (FTE) program count for each local school system shall be obtained in the following manner:
(1) Count the number of one-sixth segments of the school day for which each student is enrolled in each program authorized under Code Section 20-2-161; and
(2) Divide the total number of segments counted for each program by six. The result is the full-time equivalent program count for each respective state recognized program.
(c) For the purpose of initially determining the amount of funds to be appropriated to finance each respective program for the ensuing fiscal year, a projection of the third second full-time equivalent program count shall be calculated as follows:
(1) Divide the second first total full-time equivalent count for the current fiscal year by the second first total full-time equivalent count for the immediately preceding fiscal year;
(2) Multiply the quotient obtained in paragraph (1) of this subsection by the third sec ond total full-time equivalent count for the immediately preceding fiscal year. The result shall be the projected third second total full-time equivalent count for the current fiscal year;
(3) Divide the average of the local school system's three two most recent full-time equivalent program counts by the average of the three two most recent total full-time equivalent counts; and
(4) Multiply the quotient obtained in paragraph (3) of this subsection by the product obtained in paragraph (2) of this subsection. The result shall be the projected third second full-time equivalent program count for the current fiscal year.
(d) The average of the first twe full-time equivalent program counta and the projected third full time equivalent program count for the current fiscal year count, weighted two parts, and the projected second full-time equivalent program count, weighted one part, shall be used to initially determine the funds needed to finance the program for the ensuing fiscal year.
(e) After such time as the student information portion of the state-wide comprehensive educational information network has been implemented pursuant to Code Section 20-2-320, and after such time as the third second full-time equivalent count for the current fiscal year can be completed prior to April 1 of the current year, the average, as calculated pursuant to subsection (d) of this Code section, of the local school system's three two full-time equivalent program counts for the current fiscal year shall serve as the full-time equivalent

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count used to allot the funds needed to finance each respective program for the ensuing fiscal year. In the event that funds needed for this purpose exceed the amount appropriated for this purpose, the additional needed funds shall be drawn from an amount to be appro priated annually by the General Assembly for this purpose. Prior to the completion of the student information component of said information network, and prior to such time as the third second full-time equivalent count for the current fiscal year can be completed prior to April 1 of the current year, allotment of funds needed to finance each respective program for the ensuing fiscal year shall be based on the average, as calculated pursuant to subsection (d) of this Code section, of the local system's first two full-time equivalent program counts count and the projected third second full-time equivalent program count for the current fiscal year."

Section 2. Said article is further amended by striking in its entirety subsection (a) of Code Section 20-2-162, relating to the annual recalculation of certain funding, and inserting in lieu thereof the following:

"(a) The State Board of Education shall annually recalculate the total amount needed under the Quality Basic Education Formula for the midterm adjustment for the current fiscal year using the average of the first two full time equivalent counts and the projected third full-time equivalent count for the current fiscal year, and the projected second fulltime equivalent counts for the current fiscal year, with the first full-time equivalent count weighted two parts and the projected second full-time equivalent count weighted one part; provided, however, that after such time as the student information portion of the state-wide comprehensive educational information network has been implemented pursuant to Code Section 20-2-320, and after such time as the third second full-time equivalent count for the current fiscal year can be completed prior to April 1 of the current year, then if the third second full-time equivalent count for the current fiscal year is lower than the projected third second count, the midterm adjustment shall be calculated using the average of the three two actual full-time equivalent counts for the current fiscal year, with the first full-time equivalent count weighted two parts and the second full-time equivalent count weighted one part. If the total amount needed by each local school system when recalculated is greater than the initial amount calculated, then the state board shall increase the total allotment for said system by the difference between the recalculation and the initial calculation. All funds allocated as the result of this recalculation to a local school system for direct instruc tional costs as defined in paragraph (1) of subsection (a) of Code Section 20-2-167 shall be applied to the direct instructional costs of any or all of the instructional programs specified in Code Section 20-2-161 which had full-time equivalent counts pursuant to this Code sec tion that are higher than the full-time equivalent counts upon which the initial allocations were based. The balance of the funds allocated to a local school system as the result of this recalculation must be applied to items specified in Code Sections 20-2-182 through 20-2-186 for instructional programs specified in subsection (b) of Code Section 20-2-161 and shall not be expended for any program or service explicitly excluded from the full-time equivalent count in Code Section 20-2-160. The total amount of increased funding required by the midterm adjustment shall be requested by the state board and shall demonstrate for each receiving local school system the average full-time equivalent count used in the initial calcu lation compared to the midterm average count for each program category system wide. If the recalculation for a local school system is less than the initial calculation, the amount of funds initially allotted to the system shall not be reduced for the current fiscal year. Local school systems which fail to provide the state board with complete full-time equivalent stu dent counts by instructional program in the manner and by dates prescribed by the state board shall not be eligible for recalculation of their current year allotment."

Section 3. Said article is further amended by striking in its entirety subsection (a) of

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Code Section 20-2-165, relating to the calculation of equalization grants, and inserting in lieu thereof the following:
"(a) As used in this Code section, the term:
(1) 'Assessed valuation' is defined as 40 percent of the equalized adjusted school prop erty tax digest reduced by the amount calculated pursuant to subsection (g) of Code Section 20-2-164.
(2) 'Assessed valuation per weighted full-time equivalent" is defined as the assessed val uation for the most recent year available divided by the weighted full-time equivalent for the year of the digest.
(3) 'Average weighted full-time equivalent count' is defined as the first count of a fiscal year~weighted two parts and the second count weighted one part.
{3} (4) 'Effective millage rate' is defined as local tax revenues divided by the assessed valuatioiTand multiplied by 1,000.
{4} (5) 'Eligible full-time equivalent program count' is defined as the sum of the fulltime equivalent resident student count and full-time equivalent nonresident student count pursuant to subsection (b) of Code Section 20-2-160 for each program specified pursuant to subsection (b) of Code Section 20-2-161; provided, however, that each local school system's total full-time equivalent nonresident student count for all programs except handicapped programs shall not exceed the lesser of the count for fiscal year 1986 or the count for any ensuing fiscal year, unless the local school system serves under contract all of the students in one or more grade levels from an adjoining system or unless the system serves students from an adjoining system under court order.
(6) (6) 'Equalized adjusted school property tax digest' is defined as the most recent equalizecTadjusted school property tax digest furnished to the State Board of Education pursuant to paragraph (1) of subsection (c) of Code Section 20-2-164.
{} (7) 'Guaranteed valuation school system' is defined as the local school system rank ing at the ninetieth percentile in dollars of assessed valuation per weighted full-time equivalent, where the ranking of school systems is such that the one-hundredth percentile school system is that with the highest amount in dollars of assessed valuation per weighted full-time equivalent. For the purpose of determining the assessed valuation per weighted full-time equivalent of the guaranteed valuation school system only, a reduction of the as sessed valuation for exemptions authorized by Code Sections 48-5-44 and 48-5-48 shall be calculated whether such exemptions are granted or not granted by the guaranteed valuation school system.
{^ (8) 'Local tax revenues' is defined as the sum of tax revenues for a local school system aTTurnished to the state board by the Department of Revenue pursuant to subsec tion (e) of Code Section 20-2-164, reduced by the total amount of general funds expended for capital outlay or transferred into an escrow account for capital outlay purposes for the most recent fiscal year such data are available and increased by any federal funds designed to replace local tax revenues provided to the said system; provided, however, that the local school system has furnished the state board with acceptable documentation which clearly identifies the source or sources of such federal funds.
{8} (9) 'Most recent average weighted full-time equivalent count' is defined as the aver age of the three two most recent weighted full-time equivalent counts.
{9} (10) 'Qualified local school system' is defined as any local school system having an assessed valuation per weighted full-time equivalent count for the year of the digest ranking below the guaranteed valuation school system and having an effective millage rate greater than the millage rate applied to calculate the local fair share pursuant to subsection (a) of Code Section 20-2-164.
(W) (11) 'Weighted full-time equivalent count' is defined as the sum of all eligible fulltime equivalent program counts multiplied by their respective program weights in effect

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during the fiscal year that the full-time equivalent counts were obtained pursuant to Code Section 20-2-161.
{4i} (12) 'Weighted full-time equivalent for the year of the digest' is defined as the average of the three two weighted full-time equivalent counts taken during that fiscal year beginning during the year of the digest."
Section 4. Said article is further amended by striking in its entirety subsection (b) of Code Section 20-2-260, relating to capital outlay funds, and inserting in lieu thereof the following:
"(b) As used in this Code section, the following words or terms shall have the following meanings:
(1) 'Addition' refers to square footage of room floor space for instructional or other purposes added to an existing educational facility, whether physically connected thereto or a separate structure located on the same site.
(2) 'Annual debt service' is defined as expenditures for the annual retirement of debt for capital outlay construction projects for educational facilities and shall include the inter est on the principal as well as the principal of the debt.
(3) 'Capital outlay' includes, but is not necessarily limited to, expenditures which result in the acquisition of fixed assets, existing buildings, improvements to sites, construction of buildings, construction of additions to buildings, retrofitting of existing buildings for energy conservation, and initial and additional equipment and furnishings for educational facilities.
(4) 'Construction project' refers to the construction of new buildings, additions or ex pansion of existing buildings, relocation of existing buildings or portions thereof, renovation or modernization of existing buildings or structures, and procedures and processes con nected thereto, related to educational facilities.
(5) 'Educational facilities' shall include buildings, fixtures, and equipment necessary for the effective and efficient operation of the program of public education required by this article, which, without limiting the generality of the foregoing, shall include classrooms, li braries, rooms and space for physical education, space for fine arts, restrooms, specialized laboratories, cafetoriums, media centers, building equipment, building fixtures, furnishings, related exterior facilities, landscaping and paving, and similar items which the State Board of Education may determine necessary. The following facilities are specifically excluded: swimming pools, tracks, stadiums, and other facilities or portions of facilities used primarily for athletic competition and the central and area administrative offices of local units of administration.
(6) 'Educational facilities survey' is defined as a systematic study of present educational facilities and a five-year forecast of future needs which shall include, but shall not be lim ited to, the needs set forth in subsection (j) of this Code section based on the instructional program and service requirements of this article.
(7) 'Entitlement' refers to the maximum portion of the total need that may be funded in a given year.
(8) 'Full-time equivalent student count' is defined as the average of the three two fulltime equivalent counts pursuant to Code Section 20-2-160 for a school year; provided, however, that the average daily membership shall be used in lieu of such full-time equivalent student counts for school years for which such counts are not available.
(9) 'Local funds' refers to funds available to local school systems from sources other than state and federal funds except any federal funds designed to replace local tax revenues.
(10) 'Net equalized adjusted school property tax digest* is defined as the equalized ad justed school property tax digest furnished pursuant to Code Section 48-5-274, reduced in accordance with paragraphs (1) and (2) of subsection (a) of Code Section 20-2-164.

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(11) 'Physical education facility' is defined as eny facility which is designed for an in structional program in physical education and shaL exclude any spectator stands, lobbies, public restrooms, concession areas, or space normal! ' identified to serve only the interscholastic athletic program in which the school may participate.
(12) 'Renovation' or 'modernization' or both refers to construction projects which con sist of the initial installation or replacement of major building components such as lighting, heating, air-conditioning, plumbing, roofing, electrical, electronic, or flooring systems; millwork; cabinet work and fixed equipment; energy retrofit packages; or room-size modifi cations within an existing facility, but excluding routine maintenance and repair items or operations.
(13) 'Required local participation' is defined as the amount of funds which must be contributed by local school systems from local funds for each construction project.
(14) 'Unhoused students' is defined as those students who are not housed in school facilities which are structurally sound with adequate space as defined by the state board.
(15) 'Weighted full-time equivalent student count' is defined as the average of the three weighted full-time equivalent counts pursuant to paragraph (11) of subsection (a) of Code Section 20-2-166 weighted full-time equivalent count as defined in paragraph (3) of subsec tion (a) of Code Section 20-2-165."
Section 5. Code Section 20-2-260 of the Official Code of Georgia Annotated, relating to capital outlay funds in general, is amended in subsection (d) by striking the word "and" after paragraph (7); by striking the period after paragraph (8) and inserting in lieu thereof "; and"; and by adding a new paragraph (9) to read as follows:
"(9) The Bryan County and Laurens County school systems shall be considered sparsity systems under Code Section 20-2-292 due to barriers which divide each of the systems for the purpose of capital outlay funding. The State Board of Education shall not apply base size criteria or require other criteria under Code Section 20-2-292 to Bryan County and Laurens County when qualifying requested construction projects under this Code section."
Section 6. Said Code section is further amended by adding immediately following sub section (k) a new subsection (k.l) to read as follows:
"(k.l) Prior to a local board of education's submitting an advanced incentive funding request to the State Department of Education for State Board of Education approval under subsections (i) and (j) of this Code section, the local board of education shall conduct the following:
(1) The board of education must schedule and hold at least two public hearings and provide an opportunity for full discussion of the local board of education's consolidation or reorganization plan;
(2) The public hearings shall be advertised in the official newspaper and shall include, but shall not be limited to:
(A) Identification of each school to be closed and location of each new school;
(B) Proposed size of each new school in terms of number of students and grade configuration:
(C) Proposed renovations, modernization, retrofitting, or expansion of existing schools designed to accommodate consolidation;
(D) Total cost, including breakdown for state and local shares, and for school construc tion projects resulting from consolidation. Local costs shall include identifying proposed sources of funds, whether from bond referendum proceeds or other sources;
(E) Plans for use or disposal of closed school property;
(F) The impact alternative options would have on the system's planned curriculum and programs;

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(G) The options in the school size and organization study; and
(H) The financial impact of the options on all schools;
(3) The board of education shall request formal, written comments or suggestions re garding the system's organizational pattern or school sized and shall allow appropriate dis cussion during the public hearings;
(4) Any registered voter may file with the local board of education a notice of intent to file a petition when the voter wisher to express opposition to a school system's local facilities plan as it pertains to consolidation of schools within that system. A petition with the signa ture of at least 25 percent of the qualified, registered voters within other systems' jurisdic tions must be filed with the board of education within 60 days after the notice of intent to file a petition has been received by the board. The signatures on the petition must be vali dated against the official list of registered voters;
(5) The local board of education and the petitioners shall meet to resolve differences. The petitioners shall select a delegation of no more than ten members, of whom six shall be parents of students in the affected schools. The chairman of the local board of education shall notify the petitioners of the date, time, and place for meeting to address their differ ences. The local board of education shall render a final decision on petition within 60 days from the initial meeting to discuss differences; and
(6) An opposition report shall be filed by the board of education to report resolution of opposition before advanced incentive funds shall be awarded to that system."
Section 7. Said Code section is further amended by adding new subsections (p), (q), and (r) to read as follows:
"(p) Any system which has not submitted a plan for consolidation or reorganization of schools to the State Board of Education by July 1, 1992, shall not be allowed to request state funds under subsections (i) and (j) of this Code section.
(q) Any construction project on an existing school facility which is less than base size as defined in subsections (b) and (c) of Code Section 20-2-291 and identified by the local board of education in the educational facility survey pursuant to subsections (c) and (d) of this Code section shall be approved by the State Board of Education. Construction projects identified by the local board which contain a projected FTE of more than 200 students in an elementary school, 400 students in a middle school, and 500 students in a high school, re gardless of grade configuration, shall be eligible to receive full capital outlay funding pursu ant to subsections (g), (h), and (i) of this Code section.
(r) Notwithstanding any other provisions of this Code section, when the board of educa tion of a local school system has called and held a bond election to incur bonded indebted ness to construct a school or schools for the purpose of high school consolidation within the school system and a majority of the voters voting in said bond election voted against incur ring such debt, the procedures established in paragraph (5) of subsection (k.l) of this Code section shall be followed." shall not be allowed to request state funds under subsections (i) and (j) of this Code section."
Section 8. Nothing contained in this Act shall affect any payment or allocation to any board of education of a local system as a result of bond proceeds authorized and sold under the provisions of House Bill 1262, Supplemental Appropriations Bill, passed on February 10, 1992, and payment shall be made to said boards of education as provided for in said House Bill 1262.
Section 9. All laws and parts of laws in conflict with this Act are repealed.
Senator Foster of the 50th moved that the Senate disagree to the House substitute to SB 784.
On the motion, the yeas were 32, nays 0; the motion prevailed, and the Senate disagreed to the House substitute to SB 784.

MONDAY, MARCH 30, 1992

3057

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 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 substitute, by the requisite constitutional majority the fol lowing 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 general bill of the House, favorably reported by the committee, was read the third time and put upon its passage:

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.
Senate Sponsor: Senator Ramsey of the 54th.

The following Certification, as required by law, was read by the Secretary:

Department of Audits 254 Washington Street, 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 353 (Substitute) (LC 21 1583S) Teachers Retirement System

As amended, this bill would allow attendance officers who are employed at least half time for service rendered after June 30, 1992 to become members of the Teachers Retire ment System (TRS). However, former members who retired prior to July 1, 1992 and who are working as attendance officers would not be considered members under these provisions.

This is to certify that the changes made to this substitute bill (exempting from TRS membership any former member employed as an attendance officer who retired prior to July

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1, 1992), are nonfiscal amendments as defined in the Public Retirement Systems Standards Law, and the actuarial investigation for LC 21 0873 would also apply to this bill (LC 21 1583S). However, the original actuarial study was revised February 11, 1992 due to additional information being available and is attached.
1st 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:

February 13, 1992

SUBJECT: Revised Actuarial Investigation Summary House Bill 353 (Substitute) (LC 21 1583S) Teachers Retirement System

As amended, this bill would allow attendance officers who are employed at least half time for service rendered after June 30, 1992 to become members of the Teachers Retire ment System (TRS). However, former members who retired prior to July 1, 1992 and who are working as attendance officers would not be considered members under these provisions.

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.

$ 137,000

(2) The amount of annual normal cost which will result from the bill. $ 11,000

(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).

11.66%

(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.

$

20,988

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

MONDAY, MARCH 30, 1992

3059

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 353 (LC 21 0873)
As requested, we have made a revised actuarial investigation of the impact of House Bill 353 (LC 21 0873) on the Teachers' Retirement System in accordance with the require ments of Code Section 47-20-36.

This Bill would provide that attendance officers shall be members of the retirement system. It is now our understanding that there are about 15 such employees with an annual payroll of about $180,000. The additional annual cost would be 11.66% of $180,000, or $20,988.

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 $ 3,053,231

After Amendment $ 3,053,368

Increase $ 137

Annual Contribution %

Annual Amount %

Annual Amount %

Annual Amount

Normal

6.06% $ 242,400 6.06% $ 242,411 0.00%

$ 11

Accrued Liability 5.60

224,000 5.60

224,000 0.00

$ 10

Total

11.66% $ 466,400 11.66% $ 466,421 0.00%

$ 21

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:

Albert Baldwin Bishop Bowen Broun of 46th Brown of 26th Clay Dawkins

Dean Echols English Foster Gillis Hammill Harris Henson

Hill Hooks Huggins Kidd Langford Marable Moye Newbill

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JOURNAL OF THE SENATE

Perry Pollard RRaargnasneyof 10th
Ray
Robinson

Scott Starr STtaetienberg
Taylor
Thompson

Timmons Turner ,,W.al..ker of. 2,,,,2nd,
Walker of 43rd
White

Those voting in the negative were Senators:

Burton Coleman Collins

Edge Egan Perdue

Phillips Ragan of 32nd Tysinger

Those not voting were Senators:

Alien (excused) Deal (excused conferee)

Garner (excused conferee) Hasty

Johnson (excused conferee) Shumake

On the passage of the bill, the yeas were 41, nays 9.

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 174. By Senators Deal of the 49th, Garner of the 30th, Baldwin of the 29th and John son of the 47th:
A bill to amend Chapter 1 of Title 28 of the Official Code of Georgia Annotated, relating to general provisions pertaining to the General Assembly, so as to change provisions relating to the method of proof of advertisement of local bills; to pro vide for related matters; to provide for an effective date and for applicability.

The House substitute to SB 174 was as follows:

A BILL
To be entitled an Act to amend Code Section 28-2-1 of the Official Code of Georgia Annotated, relating to apportionment and qualifications of the House of Representatives, as amended by 1992 HB 1340; Act No. 672, so as to change the composition of certain repre sentative districts; 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 28-2-1 of the Official Code of Georgia Annotated, relating to apportionment and qualifications of the House of Representatives, as amended by 1992 HB 1340; Act No. 672, is amended by striking the descriptions of Representative Districts No. 102, 132, 133, 135, and 136, and inserting in their respective places new district descriptions to read as follows:
"District: 102
HARRIS COUNTY MUSCOGEE COUNTY
VTD: 0020 MORNINGSIDE (Part) Tract: 0102.02 Block(s): 101, 104, 106, 111, 117, 119, 120, 121, 122, 124, 147, 148, 150, 301, 318
VTD: 0022 UPATOI VTD: 0034 21A TALBOT COUNTY

MONDAY, MARCH 30, 1992

3061

VTD: 3001 BOX SPRINGS VTD: 3005 ONEALS TROUP COUNTY VTD: 0005 WEST POINT VTD: 0008 ROUGH EDGE (Part)
Tract: 9606. Block(s): 128, 129, 130, 131, 132, 133, 139, 140, 142, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157
Tract: 9607. Block(s): 335, 336, 421, 422, 423, 424, 425, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 516, 517, 518, 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, 546
Tract: 9611. Block(s): 102, 103, 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, 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, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265, 266, 267, 268, 269
VTD: 0013 GRAY HILL VTD: 0015 HIGHLANDS (Part)
Tract: 9607. Block(s): 301, 302, 303, 304, 305, 306, 307A, 307B, 308A, 308C, 315A, 315B, 316A, 316B, 316C, 317A, 317B, 317C, 317D, 318, 319, 320A, 320B, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332A, 332B, 333, 334, 420A, 420B, 420C, 501"
"District: 132
MUSCOGEE COUNTY VTD: 0017 BRITT DAVID VTD: 0018 BLANCHARD VTD: 0020 MORNINGSIDE (Part) Tract: 0102.02 Block(s): 102, 105, 107, 108, 112, 113, 123, 125, 126, 127, 128, 129, 131, 133, 134, 135, 137, 144, 145, 151, 152, 153 Tract: 0104.02 Block(s): 101, 102. 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 127, 201, 202, 203, 204, 902 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 Tract: 0016. Block(s): 102, 103, 104, 105, 106, 109, 110, 301, 302, 303, 306, 307, 308, 309, 401, 402, 403, 407, 408, 411, 414 Tract: 0110. Block(s): 119B, 122 VTD: 0027 CLUBVIEW (Part) Tract: 0011. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 302, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317

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VTD: 0028 BIBB CITY VTD: 0030 ARNOLD VTD: 0031 BEALLWOOD VTD: 0032 DOUBLE CHURCHES VTD: 0033 FORTSON VTD: 0035 32B
District: 133
MUSCOGEE COUNTY VTD: 0008 CARVER (Part) Tract: 0028. Block(s): 301, 302, 303, 304, 305, 306, 801, 802, 803, 805, 806, 808 Tract: 0029.01 Block(s): 101, 102, 103, 104, 106, 107, 108, 109, 110, 111, 112, 114, 115. 116, 117 VTD: 0009 RIGDON (Part) Tract: 0020. Block(s): 117, 201, 202, 203, 204, 205, 206 VTD: 0010 DIMON (Part) Tract: 0029.01 Block(s): 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 221, 222, 223, 224. 225 Tract: 0107.01 Block(s): 117, 119, 120, 134, 201, 202, 203, 204, 205, 208, 209, 210, 212, 213, 215, 216, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230 Tract: 0107.02 Block(s): 113, 114, 115, 116, 117, 118, 119, 136, 137, 201, 202, 221, 222, 223, 224, 225, 226, 228 VTD: 0011 DAWSON (Part) Tract: 0107.01 Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 118, 123, 124, 125, 126, 127, 128, 130, 131, 132, 133, 135 Tract: 0107.02 Block(s): 101, 104, 105, 106, 107, 108, 109, 110, 111, 122, 123, 125, 126, 127, 128, 129, 130, 132, 134, 135 VTD: 0012 WESLEY HEIGHTS VTD: 0013 REGENCY HEIGHTS VTD: 0014 ROTHSCHILD VTD: 0015 EDGEWOOD (Part) Tract: 0021. Block(s): 109, 110, 111, 112, 116 Tract: 0105. Block(s): 213, 214, 215, 220, 221, 222 VTD: 0041 3B FORT BENNING VTD: 0042 3B1 FORT BENNING"
District: 135
MUSCOGEE COUNTY VTD: 0001 COURTHOUSE (Part) Tract: 0001. Block(s): 101, 102, 103, 221, 223 Tract: 0015. Block(s): 401, 403, 404, 405, 406, 407, 408, 409, 413, 415, 416, 417 Tract: 0016. Block(s): 605, 607, 608, 609, 610, 611, 612, 613, 614, 616, 617, 618 VTD: 0006 WYNNTON VTD: 0015 EDGEWOOD (Part) Tract: 0021.

MONDAY, MARCH 30, 1992

3063

Block(s): 102, 103, 104, 105, 122, 123, 214, 215, 216, 217, 218, 219, 220, 223 Track: 0105.
Block(s): 104, 106, 109, 202, 203, 206, 207, 208, 209, 210, 212, 216, 217, 218, 219, 223, 301, 302, 303, 305, 306, 307, 316, 317
VTD: 0016 GENTIAN VTD: 0019 REESE ROAD VTD: 0021 MIDLAND VTD: 0023 WOOD VTD: 0024 NORTH HIGHLAND (Part)
Tract: 0015. Block(s): 101, 102, 112, 122, 201, 202, 203, 310
Tract: 0016. Block(s): 101, 108, 111, 113, 123, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 304, 305, 310, 311, 312, 313, 404, 405, 406, 409, 410, 412, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 601, 602, 603, 604, 606, 615
VTD: 0025 EAST HIGHLAND VTD: 0026 SAINT ELMO VTD: 0027 CLUBVIEW (Part)
Tract: 0011. Block(s): 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 126, 127, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 301, 303, 304, 318, 319, 320, 321, 322
VTD: 0029 JOHNSON
District: 136
MUSCOGEE COUNTY VTD: 0001 COURTHOUSE (Part) Tract: 0001. Block(s): 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 222 Tract: 0015. Block(s): 418, 428, 429, 430, 431, 434, 435, 436, 437, 438 Tract: 0024. Block(s): 109, 110, 111, 112, 113, 114, 116, 120 Tract: 0025. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 401, 402, 403, 404, 405, 406, 407, 408, 409, 501, 503, 504, 505, 506, 507, 509, 901 Tract: 0026. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 201, 202, 203, 204, 205, 206, 209, 210 VTD: 0002 NORTH LUMPKIN VTD: 0003 EDDY VTD: 0007 BRITT VTD: 0008 CARVER (Part) Tract: 0022. Block(s): 311, 312, 313, 314, 315, 316, 317, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 414, 416 Tract: 0028. Block(s): 405, 406, 501, 502, 503, 504, 505, 506, 601, 602, 603, 604 VTD: 0009 RIGDON (Part) Tract: 0020. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 118, 119, 120, 121, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222 VTD: 0015 EDGEWOOD (Part)

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JOURNAL OF THE SENATE

Tract: 0021. Block(s): 101, 108, 113, 115, 117, 119, 120, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 221
VTD: 0038 3A3 FORT BENNING"
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 Hooks of the 14th moved that the Senate agree to the House substitute to SB 174.

On the motion, 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 Gillis Hammill Harris Hasty Henson Hill Hooks Huggins Kidd Langford Marable Moye
Newbill Perdue
Perry
Phillips

Pollard Ragan of 10th Ragan of 32nd Ramsey Rav Robinson Scott g. ,, ,i at laylor Thompson Timmons
Turner Tysinger
Walker of 43rd
White

Those not voting'were Senators:

Alien (excused)

Johnson (excused conferee) Steinberg

Garner (excused conferee) Shumake

Walker of 22nd

On the motion, the yeas were 50, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 174.

Senator Deal of the 49th, President Pro Tempore, assumed the Chair.

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

SB 672. By Senators Gillis of the 20th, Huggins 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.

The House amendment was as follows:

MONDAY, MARCH 30, 1992

3065

Amend SB 672 by striking on line 3 of page 4 the word "and" and inserting in lieu thereof the following:

By inserting on line 6 of page 4, following the symbol ";", the word "and".

By inserting immediately following line 6 of page 4 the following:

"(E) Deep Creek from the West Mill Bridge site upstream, including all tributaries, to

its headwaters;^

~~~

Senator Gillis of the 20th moved that the Senate agreed to the House amendment to SB 672.

On the motion, 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 Collins DDaewankins
Edge Egan English Gillis
Hammill

Harris Hasty Henson Hill Huggins Kidd Langford Marable MNeowyebill
Perdue Perry Phillips Pollard
Ragan of 10th

Ragan of 32nd Ramsey Ray Robinson Scott Starr Tflte TM T_,i.mmons
Turner Tysinger Walker of 22nd Walker of 43rd
White

Voting in the negative was Senator Foster.

Those not voting were Senators:

Alien (excused) Baldwin Coleman Deal (presiding)

Echols Garner (excused conferee) Hooks (excused conferee) Johnson (excused conferee)

Shumake Steinberg Taylor

On the motion, the yeas were 44, nays 1; the motion prevailed, and the Senate agreed to the House amendment to SB 672.

Senator Gillis of the 20th assumed the Chair.

The following bill of the House was taken up for the purpose of considering the Confer ence Committee report thereon:

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

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JOURNAL OF THE SENATE

defendants shall not in the same or related sentences be sentenced to both prison and probation.

The Conference Committee report on HB 1607 wa as follows:
The Committee of Conference on HB 1607 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference substitute to HB 1607 be adopted.
Respectfully submitted,

FOR THE SENATE:
/s/ Wayne Garner Senator, 30th District
/s/ Nathan Dean Senator, 31st District
/s/ Walter S. Ray Senator, 19th District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Carlton H. Colwell Representative, 4th District
/s/ Denmark Groover Representative, 99th District
/s/ Henry Bostick Representative, 138th District

Conference Committee substitute to HB 1607:

A BILL
To be entitled an Act 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 change provisions relating to continuing jurisdiction over probated sentences; to change procedures relating to shortening a period of probation; to provide that certain parolees or probationers shall not be entitled to bond pending a hearing; to provide for exceptions; to provide for notification of victims of certain crimes and their right to appear at hearings concerning shortened probation; to provide that the Department of Corrections shall have jurisdiction over the suspension of sentences of misdemeanor probationers; to amend Article 5 of Chapter 5 of Title 42 of the Official Code of Georgia Annotated, relating to awarding earned-time allowances, so as to authorize the Department of Corrections to provide for a system of work incentive credits for felony inmates; to amend Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to probation, so as to provide that the provi sions of said Code section shall be subject to the provisions of certain other statutes; to repeal the provision relating to discharge or reassignment of probation supervisors; to pro vide for a two-year maximum period of supervision; to authorize the chief judge of any court within a county to enter into agreements with private entities for misdemeanor probation services or to establish a county probation system for misdemeanors; to create the County Probation Advisory Council; to amend Chapter 9 of Title 42 of the Official Code of Georgia Annotated, relating to pardons and paroles, so as to authorize the Board of Pardons and Paroles to enter into memoranda of agreement evidencing contracts for programs and ser vices on behalf of persons in its legal custody; to provide for the collection of restitution during the period of parole; to provide that inmates serving sentences for violent crimes shall not be paroled prior to having served one-third of their prison sentences; to provide for mandatory revocation of parole in certain cases; to provide for matters relative to the fore going; to provide for severability; to provide effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 1 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to procedures for sentencing and imposition of punishment, is amended by striking

MONDAY, MARCH 30, 1992

3067

in its entirety subsection (a) of Code Section 17-10-1, relating to the fixing of sentences, which reads as follows:
"(a) (1) Except in cases in which life imprisonment or the death penalty must be im posed, upon a verdict or plea of guilty in any case involving a misdemeanor or felony and after a presentence hearing, the judge fixing the sentence shall prescribe a determinate sen tence for a specific number of months or years, which shall be within the minimum and maximum prescribed by law as the punishment for the crime. The judge imposing the sen tence is granted power and authority to suspend or probate the sentence under such rules and regulations as he deems proper. The judge shall also be empowered to revoke the sus pension or probation when the defendant has violated any of the rules and regulations pre scribed by the court. After the term of court, or 60 days from the date on which the sen tence was imposed by the judge, whichever time is greater, he shall have no authority to suspend, probate, modify, or change the sentence of the defendant, except as provided in paragraph (2) of this subsection or as otherwise provided by law.
(2) Where a defendant has been sentenced to probation, the court shall retain jurisdic tion throughout the period of the probated sentence to shorten the period of probation on motion of the defendant or on its own motion, if the court determines that probation is no longer necessary or appropriate for the ends of justice, the protection of society, and the rehabilitation of the defendant. Prior to entering any order for shortening a period of proba tion, the court shall afford notice and an opportunity for hearing to the prosecuting attor ney; the victim or victims of the crime, if any; and the defendant by registered mail.",
and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) (1) Except in cases in which life imprisonment or the death penalty must be im posed, upon a verdict or plea of guilty in any case involving a misdemeanor or felony, and after a presentence hearing, the judge fixing the sentence shall prescribe a determinate sen tence for a specific number of months or years which shall be within the minimum and maximum prescribed by law as the punishment for the crime. The judge imposing the sen tence is granted power and authority to suspend or probate all or any part of the entire sentence under such rules and regulations as the judge deems proper, subject to the condi tions set out in this subsection.
(2) Probation supervision shall terminate in all cases no later than two years from the commencement of probation supervision unless specially extended or reinstated by the sen tencing court upon notice and hearing and for good cause shown; provided, however, in those cases involving the collection of fines, restitution, or other funds, the period of super vision shall remain in effect for so long as any such obligation is outstanding, or until termi nation of the sentence, whichever first occurs.
(3) (A) Any part of a sentence of probation revoked for a violation other than a subse quent commission of any felony, or a misdemeanor offense involving physical violence re sulting in bodily injury to an innocent victim which in the opinion of the trial court consti tutes a danger to the community or a serious infraction occurring while the defendant is assigned to an alternative probation confinement facility shall be served in a probation de tention center, probation boot camp, diversion center, weekend lock up, or confinement in a local jail or detention facility, or other community correctional alternatives available to the court or provided by the Department of Corrections.
(B) A parolee or probationer charged with a new felony or misdemeanor involving phys ical injury or terroristic threats shall not be entitled to bond pending a hearing on the revo cation of his or her parole or probation, except by order of a judge of the superior court wherein the alleged new offense occurred after a hearing and upon determination of the superior court that the parolee or probationer does not constitute a threat to the community.
(4) In cases of imprisonment followed by probation, the sentence shall specifically pro vide that the period of probation shall not begin until the defendant has completed service

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of the confinement portion of the sentence. No revocation of any part of a probated sen tence shall be effective while a defendant is in the legal custody of the Board of Pardons and Paroles.
(5) (A) Where a defendant has been sentenced to probation, the court shall retain juris diction throughout the period of the probated sentence as provided for in subsection (g) of Code Section 42-8-34. Without limiting the generality of the foregoing, the court may shorten the period of probation on motion of the defendant or on its own motion, if the court determines that probation is no longer necessary or appropriate for the ends of justice, the protection of society, and the rehabilitation of the defendant. Prior to entering any or der for shortening a period of probation, the court shall afford notice to the victim or vic tims of all sex related offenses or violent offenses resulting in serious bodily injury or death, and, upon request of the victim or victims so notified, shall afford notice and an opportunity for hearing to the defendant and the prosecuting attorney.
(B) The Department of Corrections shall establish a form document which shall include the elements set forth in this Code section concerning notification of victims and shall make copies of such form available to prosecuting attorneys in the state. When requested by the victim, the form document shall be provided to the victim by the prosecuting attorney. The form shall include the address of the probation office having jurisdiction over the case and contain a statement that the victim must maintain a copy of his or her address with the probation office and must notify the office of any change of address in order to maintain eligibility for notification by the Department of Corrections as required in this Code section."
Section 2. Said article is further amended by adding at the end of Code Section 17-10-3, relating to punishments for misdemeanors generally, a new subsection (g) to read as follows:
"(g) Supervision of a defendant by the Department of Corrections may be imposed in probated or suspended misdemeanor sentences only for the misdemeanor offenses set forth in Title 16, Code Sections 40-6-391, 40-6-393, 40-6-393.1, 40-6-394, or subsection (c) of Code Section 40-6-395, and for all misdemeanor offenses of a high and aggravated nature. Except as provided in this subsection or in Article 6 of Chapter 8 of Title 42, the Department of Corrections shall lack jurisdiction to supervise misdemeanor offenders."
Section 3. Article 5 of Chapter 5 of Title 42 of the Official Code of Georgia Annotated, relating to awarding earned-time allowances, is amended by adding at the end thereof a new Code Section 42-5-101 to read as follows:
"42-5-101. (a) The Department of Corrections is authorized to devise and to provide by agency rule a system of work incentive credits which may be awarded by the department to persons committed to its custody for any felony prison term other than life imprisonment.
(b) Work incentive credits may be awarded by the department to recognize inmates' institutional attainments in academic or vocational education, satisfactory performance of work assignments made by the penal institution, and compliance with satisfactory behavior standards established by the department.
(c) The department may award up to one day of work incentive credits for each day during which the subject inmate has participated in approved educational or other counsel ing programs, has satisfactorily performed work tasks assigned by the penal institution, and has complied with satisfactory behavior standards established by the department.
(d) Any work incentive credits awarded an inmate by the department shall be reported by the department to the State Board of Pardons and Paroles which shall consider such credits when making a final parole release decision regarding the subject inmate. The de partment is authorized to recommend the board apply the work incentive credits to advance any tentative parole release date already established for the subject inmate.
(e) The department also shall report to the State Board of Pardons and Paroles the cases of inmates who decline or refuse to participate in work, educational, or counseling

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programs, who fail to comply with satisfactory behavior standards, and who therefore refuse to earn work incentive credits."
Section 4. Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to probation, is amended by repealing in its entirety subsection (e) of Code Section 42-8-26, relating to discharge or reassignment of probation supervisors, which reads as follows:
"(e) If the judge or a majority of the judges of the circuit or circuits become dissatisfied with the probation supervisor assigned to the circuit or circuits, the judge or judges may relieve the probation supervisor from his duties in such circuit or circuits, in which event the judge or judges shall immediately recommend to the department that the probation supervisor be either discharged or reassigned to another circuit, giving reasons therefor, and the department shall immediately discharge or reassign the probation supervisor. No such probation supervisor shall be hired for a given circuit without prior consultation with the judge or judges of the circuit in which he is to serve."
Section 5. Said chapter is further amended by striking in its entirety subsection (c) of Code Section 42-8-34, relating to hearings and determinations of probation, which reads as follows:
"(c) If it appears to the court upon a hearing of the matter that the defendant is not likely to engage in a criminal course of conduct and that the ends of justice and the welfare of society do not require that the defendant shall presently suffer the penalty imposed by law, the court in its discretion shall impose sentence upon the defendant but may stay and suspend the execution of the sentence or any portion thereof or may place him on probation under the supervision and control of the probation supervisor for the duration of such pro bation. The period of probation or suspension shall not exceed the maximum sentence of confinement which could be imposed on the defendant.",
and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) Subject to the provisions of subsection (a) of code Section 17-10-1 and subsection (g) of Code Section 17-10-3, if it appears to the court upon a hearing of the matter that the defendant is not likely to engage in a criminal course of conduct and that the ends of justice and the welfare of society do not require that the defendant shall presently suffer the pen alty imposed by law, the court in its discretion shall impose sentence upon the defendant buy may stay and suspend the execution of the sentence or any portion thereof or may place him on probation under the supervision and control of the probation supervisor for the duration of such probation. The period of probation or suspension shall not exceed the max imum sentence of confinement which could be imposed on the defendant."
Section 6. Said chapter is further amended by striking in its entirety subsection (e) of Code Section 42-8-34.1, relating to limitation on probation or parole supervision, which reads as follows:
"(e) In no event shall an offender be supervised on probation or parole, or both, for more than a total of four years for any one ofTense or series of offenses arising out of the same transaction, whether before or after confinement, except upon written order of the court for the purpose of enforcing restitution or fines or for the protection of the victim or class of victims as defined by age or gender or by type of crime committed.",
and inserting in its place a new subsection (e) to read as follows:
"(e) In no event shall an offender be supervised on probation for more than a total of two years for any one offense or series of offenses arising out of the same transaction, whether before or after confinement, except as provided by paragraph (2) of subsection (a) of Code Section 17-10-1."
Section 7. Said chapter is further amended by striking in its entirety Code Section 42-8100, relating to probation services provided by private corporations, enterprises, or agencies, which reads as follows:
"42-8-100. (a) The judge of the probate court or chief magistrate of the magistrate court

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of any county, with the approval of the governing authority of that county, is authorized to enter into an agreement with a private corporation, enterprise, or agency to provide general probation supervision, fine collection services, counseling, and other probation services for persons convicted of a misdemeanor in the probate court or magistrate court of the county and placed on probation in the county.
(b) The judge of the probate court or chief magistrate of the magistrate court of any county, with the approval of the governing authority of that county, is authorized to estab lish a county probation system to provide general probation supervision, fine collection ser vices, counseling, and other probation services for persons convicted of a misdemeanor in the probate court or magistrate court of the county and placed on probation in the county.",
and inserting in lieu thereof a new Code Section 42-8-100 to read as follows:
"42-8-100. The chief judge of any court within the county, with the approval of the governing authority of that county, is authorized to enter into memoranda of agreement or other written documents evidencing contracts with corporations, enterprises, or agencies, or to establish a county probation system, to provide general supervision and collection ser vices for all moneys to be paid by a defendant according to the terms of the sentence im posed on the defendant as well as any moneys which by operation of law are to be paid by the defendant in consequence of the conviction, counseling, and other probation services for persons convicted of a misdemeanor in that court and placed on probation in the county."
Section 8. Said chapter is further amended by striking in its entirety Code Section 42-8101, relating to the Advisory Council for Probation in the Probate and Magistrate Courts, which reads as follows:
"42-8-101. There is created the Advisory Council for Probation in the Probate and Magistrate Courts, to be composed of one probate judge designated by the Council of Pro bate Court Judges, one chief magistrate designated by the Council of Magistrate Court Judges, and the commissioner of corrections or his designee. Such council shall promulgate rules and regulations regarding contracts or agreements for probation services as authorized in subsection (a) of Code Section 42-8-100 and regarding standards and qualifications in the provision of probation services in the probate court or magistrate court.",
and inserting in lieu thereof a new Code Section 42-8-101 to read as follows:
"42-8-101. There is created the County Probation Advisory Council, to be composed of one superior court judge designated by the Council of Superior Court Judges, one state court judge designated by the Council of State Court Judges, one sheriff designated by the Georgia Sheriffs' Association, one probate court judge designated by the Council of Probate Court Judges, one chief magistrate designated by the Council of Magistrate Court Judges, the commissioner of corrections or his designee, and one county commissioner designated by the Association County Commissioners of Georgia. Such council shall promulgate rules and regulations regarding contracts or agreements for probation services as authorized by this article."
Section 9. Chapter 9 of Title 42 of the Official Code of Georgia Annotated, relating to pardons and paroles, is amended by striking in its entirety Code Section 42-9-21, relating to the supervision of persons place on parole or other conditional release, which reads as follows:
"42-9-21. The board shall have the function and responsibility of supervising all persons placed on parole or other conditional release by the board.",
and inserting in its place a new Code Section 42-9-21 to read as follows:
"42-9-21. (a) The board shall have the function and responsibility of supervising all persons placed on parole or other conditional release by the board.
(b) The board is authorized to enter into memoranda of agreement or other written documents evidencing contracts with other state agencies, persons, or nonsectarian entities,

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for services or for programs deemed by the board to be necessary for parolees or others conditionally released from imprisonment by order of the board.
(c) In all cases where restitution is applicable, the board shall collect during the parole period those sums determined to be owed to the victim."
Section 10. Said chapter is further amended by adding at the end of Code Section 42-945, relating to general rule-making powers, a new subsection (f) to read as follows:
"(f) Except to correct a patent miscarriage of justice and not otherwise, no inmate serv ing a sentence imposed for any of the crimes listed in this subsection shall be granted re lease on parole until and unless said inmate has served on good behavior seven years of imprisonment or one-third of the prison term imposed by the sentencing court for the vio lent crime, whichsoever first occurs. No inmate serving a sentence for any crime listed in this subsection shall be released on parole for the purpose of regulating jail or prison popu lations. This subsection shall govern parole actions in sentences imposed for any of the fol lowing crimes: voluntary manslaughter, armed robbery, kidnapping, rape, aggravated sod omy, aggravated child molestation, statutory rape, incest, cruelty to children, arson in the first degree, homicide by vehicle while under the influence of alcohol or as a habitual traffic violator, aggravated battery, aggravated assault, trafficking in drugs, and violations of Chap Atecrt.1' 4" of Title 16, the 'Georgia RICO (Racketeer Influenced and Corrupt Organizations)
Section 11. Said chapter is further amended by striking subsection (a) of Code Section 42-9-51, relating to final parole revocation hearings, which reads as follows:
"(a) A parolee who has allegedly violated the terms of his parole or conditional release shall have a right to a final hearing before the board, to be held within a reasonable time after the occurrence of one of the events listed in this subsection. However, a final hearing shall not be required if the parolee or conditional releasee has signed a waiver of final hear ing or has been convicted of or entered a plea of guilty or nolo contendere to any crime, whether felony or misdemeanor, in a court of record of this state. The final hearing, if any, shall be held within a reasonable time:
(1) After an arrest warrant has been issued by a member of the board and probable cause for revocation has been found by the preliminary hearing officer;
(2) After a majority of the board overrules a determination by the preliminary hearing officer that probable cause does not exist;
(3) After the board or two of its members are informed of an alleged violation and decide to consider the matter of revocation without issuing a warrant for the alleged viola tor's arrest; or
(4) After a determination has been made that no preliminary hearing is required under subsection (a) of Code Section 42-9-50.",
and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) A parolee who has allegedly violated the terms of his parole or conditional release shall, except as otherwise provided in this subsection, have a right to a final hearing before the board, to be held within a reasonable time after the occurrence of one of the events listed in this subsection. No final hearing shall be required or permitted if the parolee or conditional releasee has been convicted of or entered any form of guilty plea or plea of nolo contendere in any federal or state court of record to any felony crime, or misdemeanor in volving physical injury, committed by the parolee or conditional releasee during a term of parole or conditional release, and which new conviction results in imposition by the convict ing court of a term of imprisonment, and, in such cases, the board shall revoke the entire unexpired term of parole or conditional release. In no case shall a final hearing be required

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if the parolee or conditional releasee has signed a waiver of final hearing. The final hearing, if any, shall be held within a reasonable time:
(1) After an arrest warrant has been issued by a member of the board and probable cause for revocation has been found by the preliminary hearing officer;
(2) After a majority of the board overrules a determination by the preliminary hearing officer that probable cause does not exist;
(3) After the board or two of its members are informed of an alleged violation and decide to consider the matter of revocation without issuing a warrant for the alleged viola tor's arrest; or
(4) After a determination has been made that no preliminary hearing is required under subsection (a) of Code Section 42-9-50."
Section 12. In the event any provision or section of this Act should be determined to be unconstitutional or unlawful, said provision or section shall be severed and shall alone be voided, and all of the remaining provisions or sections shall remain and continue to be of full force and effect.
Section 13. Sections 2 and 3 of this Act shall become effective July 1, 1992. All other parts of this Act shall become effective upon its approval by the Governor or upon its be coming law without such approval.
Section 14. All laws and parts of laws in conflict with this act are repealed.

Senator Ray of the 19th moved that the Senate adopt the Conference Committee report on HB 1607.

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

Those voting in the affirmative were Senators:

Albert Bishop Broun of 46th Brown of 26th B~.urton CCloalylins
DDaewalkins Dean Echols Edge Egan English

Foster Garner Harris Hasty HTT enson KHuidgdgms
LMaanrgafbolred Newbill Perdue Perry Pollard Ragan of 10th

Ragan of 32nd Ramsey Ray Scott oQitaarrrr Sbtteeminbbeerrge
,T1ayl, or Thompson Timmons Tysinger Walker of 43rd White

Those voting in the negative were Senators:

Bowen

Phillips

Turner

Those not voting were Senators:

Alien (excused) Baldwin Coleman Gillis (presiding)

Hammill Hill Hooks Johnson

Moye Robinson Shumake Walker of 22nd

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On the motion, the yeas were 41, nays 3; the motion prevailed, and the Senate adopted the Conference Committee report on HB 1607.
The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:
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 sheriffs services and the disposition of fees, so as to change certain fees for the services of a sheriff in civil cases.
The House substitute to SB 496 was as follows:
A BILL
To be entitled an Act to amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to exempt sheriffs from paying clerks' recording fees for criminal bonds and writs of fieri facias; to change certain fees for the services of a sheriff in civil cases; to amend Code Section 44-2-210 of the Official Code of Georgia Annotated, relating to fees under land registration and recording transactions, so as to change certain service fees collected by the sheriffs of the counties; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended by adding a new subsection (m) to Code Section 15-6-77, relating to fees of clerks of superior courts, to read as follows: "(m) The sheriffs of this state shall not be required to pay recording fees for criminal bonds and writs of fieri facias issued on criminal bond forfeitures."
Section 2. Said title is further amended by striking subsection (b) of Code Section 1516-21, relating to the fees for sheriffs services, and inserting the following:
"(b) For the services of the sheriff in civil cases, the following fees shall be charged: (1) Serving copy of process and returning original, per copy ................. $25.00 (2) Action from another county, to be paid in advance .................. 20.00 25.00 (3) Summoning each witness ................................................ 6.00
(4) Each levy or writ of fieri facias .................................... 2MQ 25.00 (5) Search and return of nulla bona ........................................ 13.00 (6) Serving summons of garnishment or rule against garnishee ........... 13.00 25.00 If more than one, for each additional copy ................................... 6.00
(7) Commissions on sales of property: On sums of $50.00 or less.................................................... 8% On excess above $50.00 up to $550.00......................................... 6%
For all sums exceeding $550.00, on excess ..................................... 3%
No commissions shall be charged unless property is actually sold. (8) Making out and executing titles to land ............................ 3ftW 25.00
If presented by purchaser.................................................. 13.00
(9) Executing bill of sale to personal property, when demanded by purchaser 13.00 (10) Forthcoming bonds ................................................... 13.00

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(11) Serving process against tenant over or intruder upon land to dispossess them ................................................................... 20^9 25.00

(12) For dispossessing tenant or intruder .............................. 20.00 25.00

(13) Taking and returning counter-affidavit when summary process to dispossess tenant or intruder is resisted ......................................................... 13.00

(14) Settling each execution in his hands, settled without sale

13.00

(15) Levying an attachment ........................................... 3&W 25.00

(16) Following property out of county with attachment, for every mile going and returning ...................................................................... .21

(17) Attending superior, state, or city courts, per day ........................ 20.00

(18) Probate courts, per day ............................................... 15.00

(19) At elections as required by law, each day ............................... 20.00

(20) Collecting tax fi. fas. $100.00 or less, each ................................ 5.00

(21) Collection tax fi. fas. over $100.00, each ............................... 10.00"

Section 3. Code Section 44-2-210 of the Official Code of Georgia Annotated, relating to fees under land registration and recording transactions, is amended by striking subsection (b) in its entirety and inserting in lieu thereof the following:

"(b) The following fees shall be collected for the services of the sheriff under this article:

(1) For ascertaining and reporting to the courts the names and addresses of the persons actually occupying the premises described in the petition, $1.00 a fee as provided in para graph (1) of subsection (b) of Code Section 15-16-21 for each separate residence;

(2) For each service of process and notice required, $1.00 a fee as provided in paragraph (1) of subsection (b) of Code Section 15-16-21; and

(3) For posting a copy of the petition upon the premises, :6Q fees as provided in para graph (6) of subsection(b) of Code Section 15-16-21."

Section 4. All laws and parts of laws in conflict with this Act are repealed.

Senator Ramsey of the 54th moved that the Senate agree to the House substitute to SB 496.

On the motion, 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 Collins Dawkins Dean Echols Edge Egan English Foster

Hammill Harris Hasty 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

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Those not voting were Senators:

Albert Alien (excused) Coleman Deal (excused conferee)

Garner (excused conferee) Gillis (presiding) Henson Hill

Hooks (excused conferee) Moye Shumake

On the motion, the yeas were 45, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 496.

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

HB 2069. By Representative Padgett of the 86th:
A bill to amend an Act creating the board of commissioners of Richmond County, so as to change the composition of the board.

The House amendments were as follows:

Amendment No. 1:

Amend the Senate substitute to HB 2069 by striking lines 20 through 27 of page 7 and inserting the following:
"(1) Continues to reside within the". By striking line 31 of page 7 and inserting the following: "(2) Is a registered and qualified elector of. By striking line 17 of page 10 and inserting the following: "1993 and at such first regular meeting annually". By striking line 20 of page 10 and inserting the following: "terms of one year, respectively. The chairperson shall". By striking line 8 of page 11 and inserting the following: "annual salary of $15,000.00, payable in equal monthly". By striking line 13 of page 11 and inserting the following: "$12,000.00, payable in equal monthly installments, and a". By striking line 18 of page 11 and inserting the following: "each receive an annual salary of $11,200.00, payable in". By striking lines 24 through 32 of page 11 and inserting the following: "board shall be paid from county funds.'"

Amendment No. 2:

Amend the Senate substitute to HB 2069 by striking lines 4 through 9 of page 1 and inserting in lieu thereof the following:
"14, 1984 (Ga. L. 1984, p. 4245), so as to change the composition of the board; to pro vide for a chairperson and vice chairperson; to provide for board member qualifications, terms, and manner of election and filling vacancies; to provide for commissioner districts; to provide for board organization, voting, meetings, compensation, and allowances; to provide

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for definitions and insertions; to provide for the completion of terms by members serving on the board on January 1, 1992, in designated districts; to provide for a".
By striking lines 26 of page 1 through line 14 of page 8 and inserting in lieu thereof the following:
"by striking Sections 1 and 2 and inserting in their place a new Section 1 to read as follows:
'Section 1. (a) Beginning January 1, 1993, the governing authority of Richmond County shall be a board of commissioners of said county, referred to in this section as the board, consisting of eight members.
(b) For the purpose of the board established in subsection (a) of this section, Richmond County is divided into eight commissioner districts as follows:
Commissioner District: 1
RICHMOND COUNTY VTD: 0001 1 VTD: 0002 1A VTD: 0003 2 (Part) Tract: 0007. Block(s): 112, 113, 114, 115, 117, 118, 125, 126, 128, 129, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 319, 320, 323, 324, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 419, 420, 421, 422 Tract: 0009. Block(s): 101, 102, 103, 201, 202, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 401, 404, 405, 406, 407 Tract: 0015. Block(s): 101A, 103, 307, 308, 309 Tract: 0106. Block(s): 902A, 902B, 902C, 906A, 906B, 907, 915A, 915B, 917, 918, 919, 920A VTD: 0004 2A VTD: 0012 5 VTD: 0013 5A VTD: 0019 7 (Part) Tract: 0001. Block(s): 209, 210, 211, 302, 303, 304, 305, 409, 410, 413 VTD: 0020 7A VTD: 0021 8 (Part) Tract: 0001. Block(s): 415, 501, 502, 505, 506, 507, 508, 509, 511, 512, 516A, 516B VTD: 0022 8A (Part) Tract: 0016. Block(s): 103, 104, 105, 106, 107, 108, 109, 110, 219A, 233 VTD: 0026 85-1
Commissioner District: 2
RICHMOND COUNTY VTD: 0003 2 (Part) Tract: 0009. Block(s): 402, 403, 408, 409, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 601, 605 VTD: 0005 3 (Part) Tract: 0009. Block(s): 602, 606, 607, 608, 609, 610, 612, 613 Tract: 0010.

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Block(s): 122, 201, 202, 203, 204, 205, 206, 207, 208, 209, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 419, 420, 422, 423, 430, 431, 432, 433, 434, 435, 440, 441, 444
VTD: 0008 4 VTD: 0009 4A VTD: 0010 4B VTD: 0011 4C VTD: 0014 5B VTD: 0027 85-2 VTD: 0028 85-3 VTD: 0039 88-1 VTD: 0042 88-4 VTD: 0044 88-6
Commissioner District: 3
RICHMOND COUNTY VTD: 0005 3 (Part) Tract: 0010. Block(s): 406, 415, 416, 417, 418, 428, 429, 436, 437, 438, 439, 442 VTD: 0015 6 (Part) Tract: 0011. Block(s): 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 201, 202, 203, 204, 205, 206 Tract: 0012. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 512, 513 VTD: 0017 6B VTD: 0019 7 (Part) Tract: 0001. Block(s): 201, 202, 203, 204, 205, 206, 207, 208, 212, 213, 301, 411, 412 Tract: 0002. Block(s): 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311 Tract: 0011. Block(s): 101, 102, 103, 104, 105, 209, 210, 211, 212, 213, 214, 215, 216, 217, 301, 302, 303, 310, 311, 312, 315 VTD: 0021 8 (Part) Tract: 0001. Block(s): 414 Tract: 0011. Block(s): 304, 305, 306, 307, 308, 309, 313, 314, 316, 317, 318, 319, 320, 321 Tract: 0012. Block(s): 605, 606, 607, 608 VTD: 0022 8A (Part) Tract: 0011. Block(s): 207, 208 Tract: 0012. Block(s): 601, 602, 603, 604, 609, 610, 611, 612, 613, 614, 615, 901B Tract: 0016. Block(s): 101, 102, 111, 112, 113, 114, 115, 116, 117, 118, 119, 202A, 205, 206, 207A, 208A, 209, 212, 213A, 215, 216, 217, 218, 226A, 227A VTD: 0046 89-1 VTD: 0051 89-6 VTD: 0055 89-10 VTD: 0058 90-3 VTD: 0060 90-5 (Part) Tract: 0016. Block(s): 301, 317, 318, 324, 327, 501, 502, 503B, 504, 513, 515, 516, 517, 901B, 901C

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Tract: 0101.05 Block(s): 525, 526, 527, 528, 529, 530, 531, 532
Tract: 0102.01 Block(s): 402, 404, 418, 419, 420, 421, 422, 430, 431
Tract: 0102.03 Block(s): 401, 402, 403
Tract: 0102.04 Block(s): 701, 702, 703, 704, 705, 706, 707, 708, 709, 710, 711, 901, 902, 903, 904, 905
Commissioner District: 4
RICHMOND COUNTY VTD: 0031 86-3 (Part) Tract: 0107.05 Block(s): 101, 102, 103, 105, 106, 107, 108, 109 VTD: 0032 86-4 (Part) Tract: 0107.03 Block(s): 103, 104, 105, 106, 107, 108, 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 Tract: 0107.04 Block(s): 101, 103, 148, 149, 150, 151, 152, 153, 154 Tract: 0108. Block(s): 901F VTD: 0049 89-4 VTD: 0053 89-8
Commissioner District: 5
RICHMOND COUNTY VTD: 0006 3A VTD: 0007 3B VTD: 0015 6 (Part) Tract: 0012. Block(s): 112, 113, 201, 202, 203, 204, 205, 206, 207, 208, 501, 506, 507, 508, 509, 510, 511, 901A Tract: 0013. Block(s): 207, 208, 210, 211, 212, 213, 214, 215, 216, 225A VTD: 0016 6A VTD: 0018 6C VTD: 0021 8 (Part) Tract: 0012. Block(s): 402, 616 VTD: 0023 8B VTD: 0024 8C VTD: 0040 88-2 VTD: 0041 88-3 VTD: 0043 88-5 VTD: 0045 88-7 VTD: 0047 89-2 VTD: 0052 89-7
Commissioner District: 6
RICHMOND COUNTY VTD: 0030 86-2 (Part) Tract: 0105.10 Block(s): 401

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3079

VTD: 0031 86-3 (Part) Tract: 0107.05 Block(s): 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, 244, 245, 246, 247
VTD: 0032 86-4 (Part) Tract: 0107.04 Block(s): 102, 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, 155, 156, 157, 158, 159, 160, 161, 162, 163
VTD: 0035 86-7 VTD: 0036 86-8 (Part)
Tract: 0107.06 Block(s): 106, 107, 108, 109, 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: 0050 89-5 VTD: 0063 FG1 VTD: 0064 FG2 VTD: 0066 FG4 VTD: 0067 FG5 VTD: 0068 FG6
Commissioner District: 7
RICHMOND COUNTY VTD: 0037 87-1 VTD: 0038 87-2 VTD: 0056 90-1 VTD: 0057 90-2 VTD: 0059 90-4 VTD: 0060 90-5 (Part) Tract: 0102.01 Block(s): 401, 403, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 426
Commissioner District: 8
RICHMOND COUNTY VTD: 0029 86-1 VTD: 0030 86-2 (Part) Tract: 0105.10 Block(s): 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 Tract: 0105.11 Block(s): 202, 203, 204, 214, 215, 216, 217, 218, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 321, 322, 323, 324, 325, 326, 414 VTD: 0031 86-3 (Part) Tract: 0107.05 Block(s): 239, 240, 241, 242, 243 VTD: 0033 86-5 VTD: 0034 86-6 VTD: 0036 86-8 (Part) Tract: 0106. Block(s): 929A, 929B, 930A, 930B, 931, 932, 934, 936B, 941, 942, 943, 945, 946, 947, 948B, 949, 950, 951, 952, 953, 954, 955, 956, 957, 958, 959, 960, 961, 962, 963, 964, 965, 973 Tract: 0107.06

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Block(s): 101, 102, 103, 104, 105, 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
Tract: 0109.02 Block(s): 102
VTD: 0048 89-3

For purposes of this section:

(1) The terms "Tract," "Block," and "VTD" shall mean and describe the same geo graphical 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 Richmond County which is not included in any commissioner district described 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 cen sus of 1990 for the State of Georgia; and

(5) Any part of Richmond 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.

(c) No person shall be eligible to serve as a member of the board unless that person:

(1) Continues to reside within the commissioner district from which elected during that person's term of office; and

(2) Is a registered and qualified elector of Richmond County.

(d) Those members of the board of commissioners of Richmond County serving as such on January 1, 1992, under the previously existing provisions of this section shall serve out their respective terms of office but shall be deemed to be serving out those terms in desig nated commissioner districts as follows:

Mr. Herb Beckham Mr. Lee Neel, III Mr. J. Hobson Chavous Mr. Henry Brigham Mr. Larry E. Sconyers Mr. Willie Mays

Commissioner District 7 Commissioner District 3 Commissioner District 6 Commissioner District 5 Commissioner District 8 Commissioner District 1

(e) Those members of the board who, under subsection (d) of this section, are deemed to be serving out their terms in designated Commissioner Districts 1, 5, and 8 shall serve until December 31, 1992, and the election and qualification of their respective successors, which successors shall be elected for Commissioner Districts 1, 5, and 8 shall be in the 1992 November general election. The members first elected from Commissioner Districts 1, 5, and 8 shall serve, beginning January 1, 1993, for initial terms of four years each and until their respective successors are elected and qualified under subsection (h) of this section. Those

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members of the board who, under subsection (d) of this section, are deemed to be serving out their terms in designated Commissioner Districts 3, 6, and 7 shall serve until December 31, 1994, and until their respective successors are elected and qualified under subsection (f) of this section.
(f) At the 1994 November general election, successors to those members of the board from Commissioner Districts 3, 6, and 7, all of whose terms expire December 31, 1994, shall be elected to serve, beginning January 1, 1995, for terms of four years each and until their respective successors are elected and qualified under subsection (h) of this section.
(f.l) All members of the Board of Commissioners of Richmond County who were in office on February 1, 1992, shall serve for the remainder of their unexpired terms for which they were elected. Successors to such members shall be elected as provided in this section from the commissioner districts as reapportioned in 1992. No member elected in 1992 or thereafter shall be eligible to serve more than two four-year terms of office.
(g) The first member elected from Commissioner District 2 shall serve, beginning Janu ary 1, 1993, for an initial term of two years; and the first member elected from Commis sioner District 4 shall serve, beginning January 1, 1993, for an initial term of four years; and both shall serve until their respective successors are elected and qualified under subsection (h) of this section.
(h) Successors to members of the board whose terms expire after December 31, 1994, shall be elected at the general election immediately preceding the expiration of their respec tive member's term of office, shall take office on the first day of January immediately follow ing the election for terms of four years and until the election and qualification of their respective successors.
(i) Each member of the board elected to the board in the 1992 November general elec tion or any election thereafter shall be elected by a majority of the voters voting within the commissioner district of that member. All members of the board shall be nominated and elected in accordance with the provisions of Chapter 2 of Title 21 of the O.C.G.A., the 'Georgia Election Code.'
(j) Any vacancy in the board which occurs within one year prior to the expiration of a term of office shall be filled for the unexpired term and until a successor is elected and qualified by a member appointed by a majority vote of the remaining members of the board. Any vacancy in the board which occurs more than one year prior to the expiration of a term of office shall be filled for the unexpired term and until a successor is elected and qualified by a special election called by the Board of Elections of Richmond County for that purpose within 45 days after that vacancy occurs. No person shall be appointed or elected to fill a vacancy unless that person resides in the commissioner district corresponding to that of the member whose unexpired term is being filled; provided, however, that in the event of a special election prior to January 1, 1993, to fill a vacancy on the board, a candidate may reside either in the commissioner district created by an Act approved March 14, 1984 (Ga. L. 1984, p. 4245) corresponding to that of the member whose unexpired term is being filled or in the commissioner district created by this Act, as set forth in subsection (b) of this section, corresponding to that of the member whose unexpired term is being filled.
(k) At the first regular meeting of the board in 1993 and at such first regular meeting annually thereafter, the members of the board shall elect from their number a chairperson and vice chairperson to serve terms of one year, respectively. The chairperson shall possess and exercise the following executive and administrative powers and duties:
(1) To preside at all meetings of the board and vote on all matters before the board;
(2) To serve as the official head of Richmond County for the service of process and for ceremonial purposes;
(3) To administer oaths and to take affidavits;
(4) To sign all written contracts entered into by the board on behalf of Richmond

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County and all other contracts and instruments executed by the county which by law are required to be in writing;
(5) To ensure that all laws, ordinances, and resolutions of Richmond County are faith fully executed; and
(6) To exercise such other powers and perform such other duties as may be required by ordinance or resolution of the board.
(1) The chairperson of the board shall receive an annual salary of $15,000.00, payable in equal monthly installments, and a monthly expense allowance of $200.00 for actual and necessary expenses incurred in carrying out the chairperson's official duties. The vice chairperson shall receive an annual salary of $12,000.00, payable in equal monthly install ments, and a monthly expense allowance of $150.00 for actual and necessary expenses in curred in carrying out the vice chairperson's official duties. Members of the board, other than the chairperson and vice chairperson, shall each receive an annual salary of $11,200.00, payable in equal monthly installments, and a monthly expense allowance of $100.00 for ac tual and necessary expenses incurred in carrying out their respective official duties. The salary and expense allowances of the chairperson, vice chairperson, and other members of the board shall be paid from county funds.' ".
By redesignating Sections 3 through 5 as Sections 2 through 4, respectively.
Senator Walker of the 22nd moved that the Senate disagree to the House amendments to the Senate substitute to HB 2069.
On the motion, the yeas were 29, nays 0; the motion prevailed, and the Senate disagreed to the House amendments to the Senate substitute to HB 2069.
The following bill of the House was taken up for the purpose of considering the House action thereon:
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.
Senator Steinberg of the 42nd moved that the Senate adhere to the Senate substitute to HB 1519, and that a Conference Committee be appointed.
On the motion, the yeas were 31, nays 0; the motion prevailed, and the Senate adhered to the Senate substitute to HB 1519.
Senator Gillis of the 20th, who was presiding, appointed as a Conference Committee on the part of the Senate the following:
Senators Deal of the 49th, Baldwin of the 29th and Steinberg of the 42nd.
The following general bills of the House, favorably reported by the committees, were read the third time and put upon their passage:
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

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3083

specify that the advertisement by a person licensed to provide health care ser vices of the waiver of a deductible or copayment, as an inducement to attract patients, shall be considered a deceptive and misleading practice.
Senate Sponsor: Senator Walker of the 22nd.
The Senate Committee on Health and Human Services offered the following substitute to HB 1347:
A BILL
To be entitled an Act 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 services of the waiver of a deductible or copayment, as an inducement to attract patients, shall be consid ered a deceptive and misleading practice; to provide exceptions; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 1 of Title 43 of the Official Code of Georgia Annotated, relating to general provisions with regard to professions and businesses, is amended by adding immedi ately following Code Section 43-1-19, relating to the authority of a state examining board to refuse to grant or to revoke a license, a new Code Section 43-1-19.1 to read as follows:
"43-1-19.1. (a) For the purposes of applicable provisions of Code Section 43-1-19, it shall be considered a deceptive or misleading practice for any person duly licensed and au thorized to provide any type of health care services to advertise, as an inducement to attract patients, the waiver of a deductible or copayment required to be made to such person under the patient's health insurance policy or plan.
(b) This Code section shall not apply to nonprofit community health centers which primairiill\yT csaerrivreo iirntrdliirg-reanntt rpaa+tiioern+tsc.
(c) Notwithstanding the provisions of subsection (a) of this Code section, it shall not be considered a misleading or deceptive practice for a provider to waive occasionally such a deductible or copayment required to be made under the patient's health insurance contract, policy, or plan if the waiver is authorized by the insurer or if the waiver is based on an evaluation of the individual patient and is not a regular business practice of the person providing the health care services."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
Senator Walker of the 22nd offered the following amendment:
Amend the substitute to HB 1347 offered by the Senate Committee on Health and Human Services by striking on line 7 of page 1 the following:
"to provide exceptions;"
and inserting in lieu thereof the following:
"to provide for applicability; to provide that such waiver shall not be considered mis leading, fraudulent, or deceptive under certain circumstances;".
By striking lines 1 through 3 of page 2 in their entirety and inserting in lieu thereof the following:
"(c) Notwithstanding the provisions of any other law of this Code to the contrary, it shall not be considered a misleading, fraudulent, or deceptive act for a provider to waive".
On the adoption of the amendment, the yeas were 30, nays 0, and the amendment was adopted.

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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:

Baldwin Bishop Bowen Broun of 46th Brown of 26th Burton Clay Coleman Collins Dawkins 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 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 (excused)

Deal Gillis (presiding)

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.

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.
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 Bowen

Broun of 46th Brown of 26th Burton Clay

Coleman Collins Dawkins Dean

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3085

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 Scott Starr Steinberg Tate Thompson Timmons Turner Tysinger Walker of 43rd White

Those not voting were Senators:

Alien (excused) Deal Gillis (presiding)

Langford Robinson Shumake

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.

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.
Senate Sponsor: Senator Tysinger of the 41st.

Senator Tysinger of the 41st offered the following amendment:

Amend HB 1846 by striking on line 4 of page 1 the following:
"change certain definitions; to".
By striking in their entireties lines 15 through 26 of page 1 and lines 1 through 3 of page 2 and inserting in lieu thereof the words "amended by".
By inserting at the end of line 10 of page 2 the following:
"that each industrial wastewater treatment or pretreatment facility, wastewater collec tion system, or distribution system shall be required to have only one responsible operator obtain such a certificate; and provided, further^
By redesignating Section 3 as Section 2.

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

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

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

Those voting in the affirmative were Senators:

Albert

Baldwin

Bishop

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Bowen Broun of 46th Brown of 26th Burton Clay Coleman Collins DDeaawnkins
Echols Edge
Egan English
Foster Garner

Hammill Harris Hasty Henson Huggins Johnson Kidd LMaanrgafbolred
Newbill Perdue
Perry Phillips
Pollard Ragan of 10th

Ragan of 32nd Ramsey Ray Scott gtarr Steinberg
,,T,h, ompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White

Those not voting were Senators:

Alien (excused) Deal Gillis (presiding)

Hill Hooks Moye

Robinson Shumake Taylor

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 bills of the Senate were taken up for the purpose of considering the House substitutes thereto:

SB 284. By Senators Garner of the 30th, English of the 21st and Ray of the 19th:
A bill to amend Article 1 of Chapter 11 of Title 31 of the Official Code of Georgia Annotated, relating to general provisions relative to emergency medical services, so as to provide that medical directors of licensed ambulance services, first re sponders, and neonatal services are authorized to furnish and control the number and type of intravenous fluids required on the vehicles of their particular services.

The House substitute to SB 284 was as follows:

A BILL
To be entitled an Act to amend Part 4 of Article 2 of Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacies, so as to provide for the issuance of certain dangerous drugs and controlled substances to the medical directors of licensed ambulance services, first responders, or neonatal services; to provide for conditions and pro cedures; to amend Article 1 of Chapter 11 of Title 31 of the Official Code of Georgia Anno tated, relating to general provisions relative to emergency medical services, so as to provide that medical directors of licensed ambulance services, first responders, or neonatal services are authorized to contract with licensed pharmacies to furnish and control the number and type of dangerous drugs and controlled substances required on the vehicles of their particu lar services; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Part 4 of Article 2 of Chapter 4 of Title 26 of the Official Code of Georgia

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Annotated, relating to pharmacies, is amended by adding a new Code section at the end thereof, to be designated Code Section 26-4-123, to read as follows:
"26-4-123. (a) As used in this Code section, the term 'emergency service provider' means licensed ambulance services, first responder services, or neonatal services.
(b) Dangerous drugs and controlled substances as defined under Chapter 13 of Title 16, as amended, may be issued to the medical director of an emergency service provider from any pharmacy licensed in Georgia only in accordance with the provisions of this Code section.
(c) The medical director of an emergency service provider and the issuing pharmacy must have a signed contract or agreement designating the issuing pharmacy as the provider of drugs and consultant services and a copy must be filed with the State Board of Pharmacy and the Department of Human Resources prior to any drugs being issued. The medical director of an emergency service provider may only have one contractual relationship with one pharmacy per county serviced by such emergency service provider.
(d) A manual of policies and procedures for the handling, storage, labeling, and record keeping of all drugs must be written, approved, and signed by the medical director of an emergency service provider and the pharmacist-in-charge of the issuing pharmacy. The manual shall contain procedures for the safe and effective use of drugs from acquisition to final disposition.
(e) A written record of all drugs issued to the medical director of an emergency service provider must be maintained by the issuing pharmacy and emergency service provider. Agents of the Georgia Drugs and Narcotics Agency may review all records to determine the accuracy and proper accountability for the use of all drugs.
(f) To provide for the proper control and accountability of drugs, a written record of all drugs used by such emergency service provider shall be provided to the issuing pharmacy within 72 hours of use.
(g) A pharmacist from the contracting issuing pharmacy shall physically inspect the drugs of such emergency service provider to determine compliance with appropriate policies and procedures for the handling, storage, labeling, and record keeping of all drugs not less than annually and maintain records of such inspection for a period of no less than two years. Such an inspection shall, at a minimum, verify that:
(1) Drugs are properly stored, especially those requiring special storage conditions;
(2) Drugs are properly accounted for by personnel of such emergency service provider;
(3) Proper security measures to prohibit unauthorized access to the drugs are imple mented; and
(4) All policies and procedures are followed and enforced.
(h) All outdated, expired, unused, or unusable drugs shall be returned to the issuing pharmacy for proper disposition in a manner acceptable to the State Board of Pharmacy."
Section 2. Article 1 of Chapter 11 of Title 31 of the Official Code of Georgia Annotated, relating to general provisions relative to emergency medical services, is amended by adding at the end thereof a new Code Section 31-11-12 to read as follows:
"31-11-12. Medical directors of licensed ambulance services, first responders, or neona tal services are authorized to contract with licensed pharmacies to furnish dangerous drugs and controlled substances for the vehicles of their particular services. Such dangerous drugs and controlled substances shall be furnished, secured, and stored in the manner provided for in Code Section 26-4-123."
Section 3. All laws and parts of laws in conflict with this Act are repealed.
Senator Garner of the 30th moved that the Senate agree to the House substitute to SB 284.

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

Those voting in the affirmative were Senators:

Albert Baldwin Bishop Bowen Broun of 46th Brown of 26th Burton Clay Coleman Collins Dawkins Dean Echols Edge Egan English

Foster Hammill Harris Hasty Henson Hill Hooks Huggins Kidd Langford 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

Those not voting were Senators:

Alien (excused) Deal (excused conferee) Garner (excused conferee) Gillis (presiding)

Johnson (excused conferee) Moye Scott Shumake

Walker of 43rd (excused conferee) White

On the motion, the yeas were 46, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 284.

SB 119. By Senator Newbill of the 56th:
A bill to amend Code Section 36-31-2 of the Official Code of Georgia Annotated, relating to the minimum distance between proposed corporate boundaries and boundaries of existing municipal corporations generally, so as to provide an ex ception for certain municipal corporations; to provide an effective date.

The House substitute to SB 119 was as follows:

A BILL
To be entitled an Act to amend Chapter 1 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties, so as to require a county which sells materials used in the construction of water systems, sewer systems, or other such facilities to publish acceptable manufacturing or engineering standards of such materials sold by the county and such other materials, if any, which the county finds acceptable for the construction of such facilities; to provide that in the construction of such a facility the use of materials not purchased from the county shall not render such facility or project ineligible for acceptance as a public right of way or utility project if the materials used meet the acceptable standards; to provide that any county officer or employee who, without suffi cient cause, refuses to accept as a public right or way or utility project any water and sewer system or other facility constructed with acceptable materials not purchased from the county shall be guilty of misdemeanor; to provide that upon a final conviction of a violation of this Act, the employment of such offender by the county shall be terminated; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 1 of Title 36 of the Official Code of Georgia Annotated, relating to

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general provisions applicable to counties, is amended by striking in its entirety Code Section 36-1-23, relating to the prohibition against a county requiring persons to purchase from the county materials used in the construction of water systems, sewer systems, or certain other facilities, and inserting in lieu thereof a new Code Section 36-1-23 to read as follows:
"36-1-23. (a) No county shall require any person who performs services on his property or on private property pursuant to an agreement with an individual, corporation, partner ship, association, or other private entity to purchase from the county any materials used in the construction or repair of any water system, sewer system, storm or drainage system, building, or other facilities on such property. Any county which sells such materials used in the construction of such facilities shall be required to publish the acceptable manufacturing or engineering standards of such materials sold by the county and such other materials, if any, which the county finds acceptable for the construction of such facilities. In the con struction of any such facility, the use by any person or other entity of materials which are not purchased from the county shall not render any such facility or project ineligible for acceptance as a public right of way or utility project if the materials used meet the accept able standards published by the county.
(b) Nothing in this Code section shall affect the authority of a county to enact building, construction, electrical, fire, or other codes which require materials used in the construction or repair of water systems, sewer systems, storm or drainage systems, buildings, or other facilities to meet or satisfy certain standards.
(c) Any county officer or employee who, without sufficient cause, refuses to accept as a public right of way or utility project any water and sewer system or other facility con structed with acceptable materials not purchased from the county shall be guilty of a misdemeanor.
(d) Upon the final conviction of any county officer or employee of violating subsection (c) of this Code section, the employment of such officer or employee by the county shall immediately be terminated."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

Senator Dawkins of the 45th moved that the Senate agree to the House substitute to SB 119.

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

Those voting in the affirmative were Senators:

Baldwin Bishop Bowen Broun of 46th BDBCrluaorywt*onn of 26th
Coleman
Dawkins Echols
Edge

Hammill Harris Hasty Hill HuHMouaogrkagbsm les
Newbill
Perdue Perry
Phillips

Pollard Ragan of 10th Ragan of 32nd Robinson cSt, arr laylor
Turner
Tysinger Walker of 22nd
White

Those voting in the negative were Senators:

Collins
Dean Egan English
Garner

Henson
Langford Ray Scott
Steinberg

Tate Thompson
Timmons Walker of 43rd

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Those not voting were Senators:

Albert Alien (excused) Deal (excused conferee) Foster

Gillis (presiding) Johnson (excused conferee) Kidd

Moye Ramsey Shumake

On the motion, the yeas were 32, nays 14; the motion prevailed, and the Senate agreed to the House substitute to SB 119.

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 House substitute to SB 256 was as follows:

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 sales transactions relating to cigarettes, smokeless tobacco, 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 ciga rettes and tobacco related objects; to amend Article 4 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to limited-access roads, so as to remove authorization for the sale of cigarettes in vending machines in safety rest areas; 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 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 exceptions; 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 roll for smoking made wholly or in part of tobacco, when the cover of the roll is paper or any substance other than tobacco.

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3091

(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 i? 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) 'Smokeless tobacco' means any finely cut, ground, powdered, or leaf tobacco that is intended to be placed in the oral cavity.
{) (7) 'Tobacco related object' 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, ef barter, or distribute without consideration, directly or indirectly, any cigarettes, smokeless tobacco, or tobacco related objects to a minor; or
(B) Advise, counsel, or compel any minor to smoke, inhale, chew, or use cigarettes, smokeless tobacco, or tobacco related objects.
(2) The prohibition contained in paragraph (1) of this subsection shall not apply with respect to sale of cigarettes, smokeless tobacco, or tobacco related objects by a person when such person has been furnished with proper identification showing that the person to whom the cigarettes, smokeless tobacco, 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 misdemeanor; provided, however, for a fifat offcnac the sentence shall be suspended.
(b) (1) It shall be unlawful for any minor to:
(A) Purchase any cigarettes, smokeless tobacco, 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, smokeless tobacco, 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 discussion on the health hazards of smoking or tobacco use, provided such lecture or discussion 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, smokeless tobacco, 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 SMOKELESS TO BACCO, OR TOBACCO RELATED OBJECTS TO PERSONS UNDER VJ- 18 YEARS OF AGE IS PROHIBITED BY LAW.'
Such sign shall be printed in letters of at least one-half inch in height.

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(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 buaincaa a vending machine which dispenses cigarettes or tobacco related objects shall place or cauac to be placed in a conspicuous place on such vending machine a sign containing the following atatcmcnt:
'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 person who fails to comply with the requirements of subsection (a) of this Code section shall be guilty of a misdemeanor; provided, however, for a first offcnsc, the sentence shall 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; and
(2) Located on such premises in an area that is in plain view and in control of a respon sible employee when such employee is in the vicinity and is not otherwise occupiedT
(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 cigarettesT smokeless tobacco, or tobacco related objects to any person on or in any public street, public sidewalk, public park, or public playground, except that free cigarettes, smokeless tobacco, 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; provided, however, this Code section shall not apply to the distribution of smokeless tobacco products to adults at locations adjacent to factories, warehouses, whole sale distribution facilities, or construction sitesT
(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, 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."

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3093

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 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 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.
(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 tobacco products by the general public.
(d) This Code section shall not apply with respect to the use of tobacco 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 tobacco 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 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 streh 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,

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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, snacks, 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 install or provide for the installation of and to operate or provide for the operation of vend ing machines and to sell in such vending machines nonalcoholic beverages, snacks, candy, cigarettes, and other articles except cigarettes as determined by the Department of Indus try, 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 Garner of the 30th moved that the Senate disagree to the House substitute to SB 256.

MONDAY, MARCH 30, 1992

3095

On the motion, Senator Gillis of the 20th, who was presiding, 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 Burton Clay Coleman Collins Dawkins
Dean
Echols Edge
English
Foster

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

Ragan of 10th Ragan of 32nd Ramsey Rav Robinson Scott Starr _, * at* ,i*ylor Thompson
Timmons
Turner Walker of 22nd
Walker of 43rd
White

Those not voting were Senators:

Alien (excused) Deal (excused conferee) Egan

Gillis (presiding) Johnson (excused conferee) Moye

Shumake Steinberg Tysinger

On the motion, the yeas were 47, nays 0; the motion prevailed, and the Senate disagreed to the House substitute to SB 256.

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

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.
Senate Sponsor: Senator Ramsey of the 54th.

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

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

Those voting in the affirmative were Senators:

Albert Baldwin Bishop Bowen Broun of 46th Brown of 26th Burton Clay Coleman Collins

Dawkins Dean Echols Edge English Foster Hammill Harris Hasty Henson

Hill Huggins Langford Marable Newbill Perdue Perry Phillips Pollard Ragan of 10th

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JOURNAL OF THE SENATE

Ragan of 32nd Ramsey
Robinson Scott

Starr Steinberg
Tate Taylor

Turner Tysinger
Walker of 22nd White

Those not voting were Senators:

Alien (excused) DfE,geaanl (excused conferee) Garner (excused conferee)
Gillis (presiding)

Hooks (excused conferee) JTKo-^ih-djndison (excused conferee) Moye
Shumake

Thompson mi .immons
Walker of 43rd (excused conferee)

On the passage of the bill, the yeas were 43, 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 Insurance and Labor on March 24 and committed to the Senate Committee on Special Judiciary, and favorably reported by the committee, was read the third time and put upon its passage:

HB 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.
Senate Sponsor: Senator Scott of the 36th.

The Senate Committee on Special Judiciary offered the following substitute to HB 1912:

A BILL
To be entitled an Act 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; to provide for definitions; to prohibit the performance of certain acts or practices by labor pools; to provide for the promulgation of rules and regulations relative to consent forms to be used by labor pools; to provide criminal penalties for violations; to authorize civil actions for damages; 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. Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, is amended by adding immediately following Chapter 9, relating to workers' compensation, a new Chapter 10 to read as follows:
"CHAPTER 10
34-10-1. As used in this chapter, the term:
(1) 'Hazardous chemical' means any chemical, which is a physical hazard or a health hazard, as those terms are defined in Code Section 45-22-2.
(2) 'Labor pool' means a business entity which operates by:
(A) Contracting with other entities or persons to supply them with temporary employ ees for short-term assignments of casual labor;

MONDAY, MARCH 30, 1992

3097

(B) Hiring persons to fulfill these contracts for short-term assignments of casual labor; and
(C) Employing each individual employee no longer than the time period required to complete the assignment for which that individual employee was hired, although an individ ual may be eligible for rehire when additional temporary assignments are available.
A business entity which fulfills any contracts in accordance with this paragraph is a labor pool, even if the entity also conducts other business.
(3) 'Short-term assignment of casual labor' means a work assignment for a term of 40 hours or less involving work for which neither entity nor person contracting or arranging for temporary employees requires any of the following from such employees:
(A) A professional or occupational license which requires for its issuance a demonstra tion of knowledge or proficiency and which is issued by the State of Georgia or a political subdivision of the state;
(B) A high school diploma or its equivalent;
(C) Education beyond high school;
(D) Vocational education;
(E) Demonstrated proficiency with a specified type of machinery; or
(F) Training before the assignment or on the job which exceeds one hour.
This paragraph shall not be construed as prohibiting or limiting the placement of a skilled employee on a short-term assignment of casual labor as long as such skill or education is not a requirement of the assignment.
34-10-2. A labor pool shall be prohibited from engaging in any of the following acts or practices:
(1) Charging a temporary employee a rental fee or any other type of fee for supplying any type of equipment to be used by the temporary employee in performing a work assignment;
(2) Charging a temporary employee a transportation fee for the transporting of such employee from the business premises of the labor pool or other point of embarkation to or from a work assignment; or
(3) Failing to inform a person who is to be placed on a work assignment involving expo sure to hazardous chemicals that such assignment involves the exposure of such person to hazardous chemicals and failing to obtain such person's consent on the form described in Code Section 34-10-3.
34-10-3. The Department of Labor shall promulgate by rule or regulation the language and format of a consent form to be provided and used by a labor pool to inform persons that a work assignment involves the exposure to hazardous chemicals and to obtain such person's consent as required in paragraph (3) of Code Section 34-10-2.
34-10-4. (a) Any person convicted of a violation of paragraph (1) or (2) of Code Section 34-10-2 shall be guilty of a misdemeanor and shall be punished as provided in Code Section 17-10-3, relating to punishment for misdemeanor offenses.
(b) Any person convicted of a violation of paragraph (3) of Code Section 34-10-2 shall be guilty of a misdemeanor of a high and aggravated nature and shall be punished by im prisonment for a term not to exceed 12 months or a fine of not less than $1,000.00 or more than $5,000.00, or both.
34-10-5. Any person damaged by a violation of Code Section 34-10-2 shall have the right to bring a civil action in a court of competent jurisdiction against the person or per sons responsible for such violation. In any action commenced pursuant to this Code section, the plaintiff shall be entitled to recover actual damages, reasonable attorneys' fees, costs of litigation, and punitive damages where appropriate."

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Section 2. All laws and parts of laws in conflict with this Act are repealed.

Senators Walker of the 22nd and Egan of the 40th offered the following amendment:

Amend the substitute to HB 1912 offered by the Senate Committee on Special Judici ary by adding between lines 21 and 22 of page 1 the following:

"(1.1) 'Labor hall' means a central location maintained by a labor pool where casual laborers assemble daily and are dispatched to work for third-party users."

By striking line 3 of page 2 and inserting in lieu thereof the following:

"(B) Hiring persons at a labor hall to fulfill these".

By striking line 15 of page 2 and inserting in lieu thereof the following:

"even if the entity also conducts other business. Labor pool does not include a tempo rary help service that does not operate a labor hall."

Senator Egan of the 40th asked unanimous consent to withdraw the amendment offered by Senators Walker of the 22nd and Egan of the 40th to the substitute to HB 1912 offered by the Senate Committee on Special Judiciary; the consent was granted, and the amend ment was withdrawn.

Senators Walker of the 22nd, Egan of the 40th and Henson of the 55th offered the following amendment:

Amend the substitute to HB 1912 offered by the Senate Committee on Special Judici ary by adding after line 15 of page 2 the following language, and renumber accordingly:

"Labor pool does not include a temporary help service that requires advanced applica tions, job interviews and references."

On the adoption of the amendment offered by Senators Walker of the 22nd, Egan of the 40th and Henson of the 55th, the yeas were 36, nays 0, and the amendment was adopted.

On the adoption of the substitute, the yeas were 40, nays 0, and the substitute was adopted as amended.

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

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

Those voting in the affirmative were Senators:

Albert Baldwin Bishop Bowen Broun of 46th Brown of 26th
BCluaryton
Coleman Collins Dawkins Dean Echols Edge Egan English

Foster Hammill Harris Hasty Henson Hill
HKuidgdgins
Langford Marable Moye Newbill Perdue Perry Phillips Pollard

Ragan of 10th Ramsey Ray Robinson Scott Starr
Sbttpeiinnhbpenrg?
ae i,aylor Thompson Timmons Turner Tysinger Walker of 22nd White

MONDAY, MARCH 30, 1992

3099

Those not voting were Senators:

Alien (excused) Deal (excused conferee) Garner (excused conferee) Gillis (presiding)

Hooks (excused conferee) Johnson (excused conferee) Ragan of 32nd

Shumake Walker of 43rd (excused conferee)

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

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

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

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.
Senate Sponsor: Senator Dawkins of the 45th.

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

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

Those voting in the affirmative were Senators:

Albert Baldwin Bishop Bowen Broun of 46th Brown of 26th Burton Clay Collins Dawkins Dean Echols Edge Egan English

Foster Hammill Harris Hasty Henson Hill Huggins Kidd Marable Moye Newbill Perdue Perry Phillips Pollard

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

Those not voting were Senators:

Alien (excused) Coleman Deal (excused conferee) Garner (excused conferee) Gillis (presiding)

Hooks (excused conferee) Johnson (excused conferee) Langford Shumake

Taylor Thompson Walker of 43rd (excused conferee)

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On the passage of the bill, the yeas were 44, 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 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.
Senator Pollard of the 24th moved that the Senate insist upon the Senate amendment to HB 1721.
On the motion, the yeas were 34, nays 0; the motion prevailed, and the Senate insisted upon the Senate amendment to HB 1721.
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has disagreed to the Senate amendment to the following bill of the House:
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.
The House insists on its position in substituting the following bills of the Senate:
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 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.

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The House has passed by the requisite constitutional majority the following bills of the House:
HB 2166. By Representatives Dobbs of the 74th and Stancil of the 66th: A bill to amend an Act relating to the Board of Education of Newton County, so as to change the description of the districts from which members of the board are elected.
HB 2167. By Representatives Dobbs of the 74th and Stancil of the 66th: A bill to amend an Act creating a board of commissioners of Newton County, so as to change the composition of the districts from which members of the board are elected.
The following bills of the House were read the first time and referred to committee:
HB 2166. By Representatives Dobbs of the 74th and Stancil of the 66th: A bill to amend an Act relating to the Board of Education of Newton County, so as to change the description of the districts from which members of the board are elected.
Referred to Committee on Urban and County Affairs.
HB 2167. By Representatives Dobbs of the 74th and Stancil of the 66th: A bill to amend an Act creating a board of commissioners of Newton County, so as to change the composition of the districts from which members of the board are elected.
Referred to Committee on Urban and County Affairs.
The following general bills of the House, favorably reported by the committees, were read the third time and put upon their passage:
HB 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.
Senate Sponsor: Senator Starr of the 44th.
Senator Kidd of the 25th offered the following substitute to HB 332:
A BILL
To be entitled on Act to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to exempt from such taxation the sale or use of durable medical equipment and prosthetic devices paid for directly by funds of the State of Georgia or the United States under the medicare or Medicaid programs where state or fed eral law or regulation authorizing such payment prohibits the payment of sales and use tax in connection therewith; to require the state revenue commissioner to provide regulations specifying the durable medical equipment and prosthetic devices eligible for this exemption; to provide for excise taxes on smoking tobacco, chewing tobacco, and snuff; to provide for rates of excise taxes; to provide for the collection of excise taxes on certain tobacco products in the same manner that such taxes are collected on cigars and cigarettes; to provide that

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the licensing, bonding, reporting, and other requirements of law applicable to persons en gaged in the cigar and cigarette business shall be applicable to persons engaged in the to bacco products business; to prohibit certain activities with respect to the sale or possession of unstamped or nontax-paid tobacco products; to change the definition of certain terms; to provide for seizure as contraband of unstamped or nontax-paid tobacco products; to provide for records; to provide for certain assessments and penalties with respect to the illegal sale of tobacco products; to provide procedures for refunds of taxes on certain tobacco products; to provide for amount of unpaid tax to constitute a lien against the property of violators; to provide for administrative and judicial procedures relative to alleged violators of the laws applicable to tobacco products; to provide for enforcement; to provide criminal penalties; to provide that the provisions of Chapter 11 relating to excise taxes on cigars and cigarettes shall be applicable to excise taxes on tobacco products; to provide certain exceptions; to provide effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended by striking in Code Section 48-8-3, relating to exemptions from sales and use taxation, the word "or" at the end of paragraph (52); by striking the period at the end of paragraph (53) and inserting in its place "; or"; and by adding a new paragraph immediately following paragraph (53), to be designated paragraph (54), to read as follows:
"(54) The sale or use of any durable medical equipment and prosthetic device as de fined under Titles XVIII and XIX of the federal Social Security Act which is paid for di rectly by funds of the State of Georgia or the United States under the medicare or Medicaid programs where state or federal law or regulation authorizing such payment prohibits the payment of sales and use tax in connection therewith. The commissioner shall specify by rule or regulation the durable medical equipment and prosthetic devices eligible for this exemption."
Section 2. Said title is further amended by striking in its entirety Chapter 11, relating to cigar and cigarette taxes, and inserting in lieu thereof a new Chapter 11 to read as follows:
"CHAPTER 11
48-11-1. As used in this chapter, the term:
(1) 'Cigar' means any roll for smoking made wholly or in part of tobacco when the cover of the roll is also tobacco.
(2) 'Cigarette' means any roll for smoking made wholly or in part of tobacco when the cover of the roll is paper or any substance other than tobacco.
(3) 'Dealer' means any person other than a distributor who is engaged in this state in the business of selling cigars or cigarettes or tobacco products directly to the ultimate con sumer of the cigars or cigarettes or tobacco products.
(4) 'Distributor' means any person who:
(A) Maintains a warehouse, warehouse personnel, and salesmen who regularly contact and call on dealers; and
(B) Is engaged in the business of:
(i) Manufacturing cigars or cigarettes or tobacco products in this state, importing cigars or cigarettes or tobacco products into this state, or purchasing cigars or cigarettes or tobacco products from other manufacturers or distributors; and
(ii) Selling the cigars or cigarettes or tobacco products to dealers in this state for resale, but is not in the business of selling the cigars or cigarettes or tobacco products directly to the ultimate consumer of the cigars or cigarettes or tobacco products.

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(5) 'First taxable transaction' means the first sale, receipt, purchase, possession, con sumption, handling, distribution, or use of cigars or cigarettes or tobacco products within this state.
(6) 'Sale' means any sale, transfer, exchange, theft, barter, gift, or offer for sale and distribution in any manner or by any means whatever.
(7) 'Stamp' means any impression, device, stamp, label, or print manufactured, printed, made, or affixed as prescribed by the commissioner.
(8) 'Tobacco products' means and includes smoking tobacco, chewing tobacco, and snuff. Such term does not include cigars or cigarettes.
{8} (9) 'Vending machine' means any coin-in-the-slot device used for the automatic merchandising of cigars or cigarettes or tobacco products.
48-11-2. (a) An excise tax, in addition to all other taxes of every kind imposed by law, is imposed upon the sale, receipt, purchase, possession, consumption, handling, distribution, or use of cigars and cigarettes in this state at the following rates:
(1) Little cigars weighing not more than three pounds per thousand: two mills each;
(2) All other cigars: 13 percent of the wholesale cost price, exclusive of any trade, cash, or other discounts or any promotion, advertising, display, or similar allowances;
(3) Cigarettes: 12$ per pack of 20 cigarettes and a like rate pro rata, for other size
(b) When the retail selling price is referred to in this chapter as the basis for computing the tax, it is intended to mean the ordinary retail selling price of the article to the consumer before adding the amount of the tax.
(c) The taxes imposed by this chapter are levied with respect to the purchase or use of cigars or cigarettes by the state or any department, institution, or agency of the state and by the political subdivisions of the state and their departments, institutions, and agencies. The taxes imposed by this chapter are not imposed with respect to cigars or cigarettes purchased exclusively for use by the patients at the Georgia War Veterans Home and the Georgia State War Veterans Veterans' Nursing Home.
(d) The taxes imposed by this chapter are not levied with respect to cigars or cigarettes the purchase or use of which this state is prohibited from taxing under the Constitution or statutes of the United States.
(e) The taxes imposed by this chapter shall be advanced and paid by the distributor to the commissioner for deposit and distribution as provided in this chapter upon the first taxable transaction within the state, whether or not the transaction involves the ultimate purchase or consumer. The seller or distributor shall collect the tax from the purchaser or consumer and the purchaser or consumer shall pay the tax to the seller or distributor. The seller or distributor shall be responsible for the collection of the tax and the payment of the tax to the commissioner. Whenever cigars or cigarettes are shipped from outside the state to anyone other than a distributor, the person receiving the cigars or cigarettes shall be deemed to be a distributor and shall be responsible for the tax on the cigars or cigarettes and the payment of the tax to the commissioner.
(f) The amount of taxes advanced and paid to the state as provided in this Code section shall be added to and collected as a part of the sales price of the cigars or cigarettes sold or distributed. The amount of the tax shall be stated separately from the price of the cigars or cigarettes.
(g) The cigar and cigarette tax imposed shall be collected only once upon the same cigarettes, cigars, or little cigars.
48-11-2.1. (a) Excise taxes, in addition to all other taxes of every kind imposed by law,

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are imposed upon the sale, receipt, purchase, possession, consumption, handling, distribu tion, or use of tobacco products at the following rates:
(1) Upon all smoking tobacco, including granulated, plug cut, crimp cut, ready rubbed, and other kinds and forms of tobacco prepared in such manner as to be suitable for smoking in a pipe or cigarette: 13 percent of the wholesale cost price, exclusive of any trade, cash, or other discounts or any promotion, advertising, display, or similar allowances;
(2) Upon all chewing tobacco prepared in such manner as to be suitable for chewing only and not suitable for smoking as described and taxed in paragraph (1) of this subsec tion: 13 percent of the wholesale cost price, exclusive of any trade, cash, or other discounts or any promotion, advertising, display, or similar allowances;
(3) Upon each can or package of snuff: 13 percent of the wholesale cost price, exclusive of any trade, cash, or other discounts or any promotion, advertising, display, or similar allowances^
(b) The taxes imposed by this chapter are levied with respect to the purchase or use of tobacco products by the state or any department, institution, or agency of the state and by the political subdivisions of the state and their departments, institutions, and agencies. The taxes imposed by this chapter are not imposed with respect to tobacco products purchased exclusively for use by the patients at the Georgia War Veterans Home and the Georgia State War Veterans' Nursing Home.
(c) The taxes imposed by this chapter are not levied with respect to tobacco products the purchase or use of which this state is prohibited from taxing under the Constitution or statutes of the United States.
(d) The taxes imposed by this chapter shall be advanced and paid by the distributor to the commissioner for deposit and distribution as provided in this chapter upon the first taxable transaction within the state, whether or not the transaction involves the ultimate purchaser or consumer. The seller or distributor shall collect the tax from the purchaser or consumer and the purchaser or consumer shall pay the tax to the seller or distributor. The seller or distributor shall be responsible for the collection of the tax and the payment of the tax to the commissioner. Whenever tobacco products are shipped from outside the state to anyone other than a distributor, the person receiving the tobacco products shall be deemed to be a distributor and shall be responsible for the tax on the tobacco products and the payment of the tax to the commissioner.
(e) The amount of taxes advanced and paid to the state as provided in this Code section shairpe added to and collected as a part of the sales price of the tobacco products sold or distributed. The amount of the tax shall be stated separately from the price of the tobacco products?
(f) The tobacco products tax imposed shall be collected only once upon the same to bacco products.
48-11-3. (a) Except as otherwise provided in this Code section, the taxes imposed by Code Section 48-11-2 and Code Section 48-11-2.1 shall be collected and paid through the use of stamps. The commissioner shall secure stamps of such design and materials as he deems appropriate to protect the revenue and shall sell the stamps to licensed distributors at a discount of not less than 2 percent and not more than 8 percent of the value of the stamps. The exact percentage of the discount shall be based on brackets according to the volume of cigars, and cigarettes, or tobacco products handled by the distributor pursuant to regulations promulgated by the commissioner. The commissioner shall prescribe by regula tion the conditions, method, and manner in which stamps are to be affixed to containers of cigars, ttrtd cigarettes, or tobacco products.
(b) The commissioner may prescribe by regulation an alternate method, in lieu of the sale of stamps, of collecting and paying the tax imposed upon cigars, and little cigars, and tobacco products. Any such regulations shall be promulgated so that use of the alternate

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method will result in the same revenue to the state as the state would realize through the sale of stamps to the distributors.
(c) No distributor shall sell or exchange with another distributor any stamps issued pursuant to this chapter. The commissioner is authorized to redeem at cost price any stamps presented for redemption by a licensed distributor when the commissioner deter mines from physical inspection that no cigars or cigarettes or tobacco products have been sold by the distributor under pretense of the tax imposed by this chapter having been paid through use of the stamps.
48-11-4. (a) No person shall engage in or conduct the business of manufacturing, purchasing, selling, consigning, vending, dealing in, or distributing cigars or cigarettes or tobacco products in this state without first obtaining a license from the commissioner.
(b) All licenses shall be issued by the commissioner, who shall make rules and regula tions with respect to applications for and issuance of the licenses. The commissioner may refuse to issue any license under this chapter when he has reasonable cause to believe that the applicant has willfully withheld information requested of him or required by the regula tions to be provided or reported or when the commissioner has reasonable cause to believe that the information submitted in any application or report is false or misleading and is not given in good faith.
(c) The fee for a distributor's license shall be $50.00 annually, except that for a person commencing business as a distributor for the first time the first year's fee shall be $250.00. Each dealer shall have a permanent license issued by the commissioner free of charge. Each license, except a dealer's license, shall begin on July 1 and end on June 30 of the next succeeding year. The prescribed fee shall accompany every application for a license and shall apply for any portion of the annual period. Each distributor's or dealer's license shall be subject to suspension or revocation for violation of any of the provisions of this chapter or of the rules and regulations made pursuant to this chapter. A separate license shall be required for each place of business. No person shall hold a distributor's license and a dealer's license at the same time.
(d) The commissioner may make rules and regulations governing the sale of the cigars, and cigarettes, and tobacco products in vending machines. The commissioner may require annually a special registration of each vending machine for any operation in this state and charge a license fee for the registration in the amount of $1.00 for each machine. 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, or tobacco products contained in the machine bear the tax stamp required under this chapter.
(e) The distributor's or dealer's license shall be exhibited in the place of business for which it is issued in the manner prescribed by the commissioner. The commissioner shall require each licensed distributor to file with him a bond in an amount of not less than $1,000.00 to guarantee the proper performance of the distributor's duties and the discharge of the distributor's liabilities under this chapter. The bond shall run concurrently with the distributor's license but shall remain in full force and effect for a period of one year after the expiration or revocation of the distributor's license unless the commissioner certifies that all obligations due the state arising under this chapter have been paid.
(f) The jurisdiction of the commissioner in the administration of this chapter shall ex tend to every person using or consuming cigars or cigarettes or tobacco products in this state and to every person dealing in cigars or cigarettes or tobacco products in any way for business purposes and maintaining a place of business in this state. For the purpose of this chapter, the maintaining of an office, store, plant, warehouse, stock of goods, or regular sales or promotional activity, whether carried on automatically or by salesmen or other represent atives, shall constitute, among other activities, the maintaining of a place of business.

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(g) The commissioner may provide for the licensing of promotional activities, not in cluding the sale of cigars or cigarettes or tobacco products, carried on by the manufacturer. The fee for any such license shall be $10.00 annually.
48-11-5. (a) (1) If the commissioner finds that the collection of the tax imposed by this chapter would be facilitated by such action, he may authorize any person residing or located outside this state who is engaged in the business of manufacturing cigars or cigarettes or tobacco products or any person residing or located outside this state who ships cigars or cigarettes or tobacco products into this state for sale to licensed dealers in this state, to be licensed as a distributor and, after the person complies with the commissioner's require ments, to affix or cause to be affixed the stamps required by this chapter on behalf of the purchasers of the cigars or cigarettes or tobacco products who would otherwise be taxable for the cigars, and cigarettes.or tobacco products. The commissioner may sell tax stamps to an authorized person or may authorize the use of a metering machine by the person as provided in Code Section 48-11-3.
(2) The commissioner shall require a bond of a nonresident distributor satisfactory to the commissioner and in an amount not to exceed $10,000.00, conditioned upon the pay ment of the tax and compliance with any other requirements specified by the commissioner. As a condition of authorization as provided in this Code section, a nonresident distributor shall agree to submit his books, accounts, and records for examination by the commissioner or his duly authorized agent during reasonable business hours and shall appoint in writing an agent who resides in this state for the purpose of service. Service upon an agent shall be sufficient service upon the nonresident distributor and may be made by leaving a duly at tested copy of the process with the agent. When legal process against any nonresident dis tributor is served upon the agent, the agent shall notify the nonresident distributor in the manner specified in Code Section 40-12-2.
(3) Upon the grant of authorization as provided in this subsection and except as may otherwise be determined by the commissioner, a nonresident distributor shall become a li censed distributor within the meaning of this chapter and shall be subject to all provisions of this chapter applicable to licensed distributors.
(b) Every nonresident manufacturer and every nonresident distributor of cigars or ciga rettes or tobacco products making shipments of cigars or cigarettes or tobacco products by common carrier or otherwise for their own account or for the account of others to distributors or dealers located within this state shall make reports of the shipments when and as required by rules and regulations of the commissioner.
48-11-6. The commissioner may suspend or refuse to renew a license issued to any per son under this chapter for violation of any provision of this chapter or of any rule or regula tion of the commissioner made pursuant to this chapter. After notice and opportunity for hearing, the commissioner may revoke a license issued to any person under this chapter for violation of any provision of this chapter or of any rule or regulation of the commissioner made pursuant to this chapter. Any person aggrieved by the suspension of or refusal to renew his license may apply to the commissioner for a hearing as provided in subsection (a) of Code Section 48-11-18; and any person aggrieved by the action of the commissioner in revoking or refusing to renew his license after hearing may further appeal to the courts as provided in subsection (b) of Code Section 48-11-18. No legal proceedings or other action by the commissioner shall be barred or abated by the suspension, revocation, or expiration of any license issued under this chapter.
48-11-7. Each bond required to be filed pursuant to this chapter shall be executed by the distributor as principal and, as surety, by a corporation authorized to engage in business as a surety company in this state.
48-11-8. (a) (1) No person shall sell, offer for sale, or possess with intent to sell any cigarettes in this state when the cigarette container does not bear the tax stamps required by Code Section 48-11-3.
(2) No person shall sell, offer for sale, or possess with intent to sell in this state any

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cigars or little cigars upon which the tax has not been paid under the alternate method of collecting the taxes provided in Code Section 48-11-3 or which do not bear tax stamps.
(3) No person shall sell, offer for sale, or possess with intent to sell in this state any tobacco products upon which the tax has not been paid under the alternate method of col lecting the taxes provided in Code Section 48-11-3 or which do not bear tax stamps.
(b) Each distributor at the location for which his license is issued and in the manner specified by the commissioner shall affix the stamps required by this Code section to each individual package of cigarettes sold or distributed by him. Each distributor shall comply with the commissioner's regulations for the payment of the tax on cigars or tobacco prod ucts as provided in Code Section 48-11-3 or shall affix to each container of cigars or tobacco products the stamps required by this chapter. The stamps may be affixed or the tax under the alternate method may be paid by a distributor at any time before the cigars or cigarettes or tobacco products are transferred out of his possession.
(c) It is the intent of this chapter that the tax imposed by this chapter be paid only once and that, if the distributor acquires stamped cigarettes, tax-paid cigars, or stamped cigars, tax-paid tobacco products, or stamped tobacco products, he is not required to affix additional stamps or provide other evidence of payment of the tax.
(d) Every dealer who comes into possession of cigars or cigarettes or tobacco products not bearing proper tax stamps or other evidence of the tax imposed by this chapter shall report the cigars or cigarettes or tobacco products to the commissioner prior to displaying, selling, using, or otherwise disposing of the cigars, and cigarettes.or tobacco products. After a report, the commissioner shall authorize a licensed distributor to affix the proper stamps to the cigars, and cigarettes.or tobacco products or, in the case of cigars or tobacco products, authorize the dealer to remit the tax by the alternate method promulgated by the commissioner in accordance with Code Section 48-11-3. A licensed distributor shall affix the stamps or comply with the alternate regulations when presented a permit for such action issued by the commissioner. A licensed distributor shall stamp cigarettes or comply with the alternate method provided in this chapter with respect to cigars or tobacco products, other than his own, only when authorized by the permit issued by the commissioner.
(e) No wholesale or retail distributor or wholesale or retail dealer shall accept deliveries of unstamped cigarettes or nontax-paid cigars or tobacco products which are shipped to him or acquired by him at any place within the state except as authorized and provided in this Code section. All cigars, and cigarettes, and tobacco products shall be examined by the dis tributor or dealer on receipt, and the distributor shall immediately report the cigars or ciga rettes or tobacco products to the commissioner as provided in subsection (d) of this Code section.
(f) The commissioner may prescribe the charges which may be made by a distributor to any person for the services of the distributor as provided in this chapter in affixing the tax stamps to each individual package of cigarettes and may prescribe the charges which may be made by a distributor in complying with the commissioner's alternate regulations for the collection of the tax on cigars, and little cigars, and tobacco products.
(g) This Code section shall not apply to unstamped cigars, and little cigars, or tobacco products upon which the tax has been paid in accordance with the alternate regulations promulgated by the commissioner under Code Section 48-11-3.
48-11-9. (a) (1) Any cigars or cigarettes or tobacco products found at any place in this state without stamps affixed to them as required by this chapter are declared to be contra band articles and may be seized by the commissioner, his agents or employees, or any peace officer of this state when directed by the commissioner to do so.
(2) Paragraph (1) of this subsection shall not apply when:
(A) The tax has been paid on the unstamped cigars, and little cigars, or tobacco prod ucts in accordance with the commissioner's regulations promulgated pursuant to Code Section 48-11-3;

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(B) The cigars or cigarettes or tobacco products are in the possession of a licensed distributor;
(C) The cigars or cigarettes or tobacco products are in course of transit from outside the state and are consigned to a licensed distributor;
(D) The cigars or cigarettes or tobacco products are in the possession of a transporter who is in compliance with Code Section 48-11-22; or
(E) The cigars or cigarettes or tobacco products are in the possession of a registered taxpayer as defined in Code Section 48-11-14 and the time for making the report required by Code Section 48-11-14 has not expired.
(3) This subsection shall not be construed to require the commissioner to confiscate unstamped or nontax-paid cigars, tatd cigarettes, tobacco products, or other property when he has reason to believe that the owner of the cigars, cigarettes, tobacco products, or prop erty is not willfully or intentionally evading the tax imposed by this chapter.
(b) Any cigars, cigarettes, tobacco products, or other property seized pursuant to this chapter may be offered for sale by the commissioner, at his discretion, at public auction to the highest bidder after advertisement as provided in this Code section. The commissioner shall deliver to the fiscal division the proceeds of any sale made under this Code section. Before delivering any cigars or cigarettes or tobacco products sold to a purchaser at the sale, the commissioner shall require the purchaser to affix to the packages the amount of stamps required by this chapter or to comply with the commissioner's alternate method. The seizure and sale of any cigars, cigarettes, tobacco products, or property pursuant to this chapter shall not relieve any person from a fine, imprisonment, or other penalty for viola tion of this chapter.
(c) When any cigars, cigarettes, tobacco products, or other property have been seized pursuant to this chapter, the commissioner, at his discretion, may advertise them for sale in a newspaper published or having a circulation in the place in which the seizure occurred, at least five days before the sale. Any person claiming an interest in the cigars, cigarettes, tobacco products, or other property may make written application to the commissioner for a hearing. The application shall state the person's interest in the cigars, cigarettes, tobacco products, or other property and his reasons why the cigars, cigarettes, tobacco products, or other property should not be forfeited. Further proceedings on the application for hearing shall be taken as provided in subsection (a) of Code Section 48-11-18. No sale of any cigars, cigarettes, tobacco products, or property seized pursuant to this chapter shall be made while an application for a hearing is pending before the commissioner. The pendency of an appeal under subsection (b) of Code Section 48-11-18 shall not prevent the sale unless the appel lant posts a satisfactory bond with surety in an amount double the estimated value of the cigars, cigarettes, tobacco products, or other property and conditioned upon the successful termination of the appeal.
(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 or tobacco products 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 contraband article. The commissioner may seize any such machine and deal with it in the same manner as provided by law for the seizure and sale of unstamped cigarettes and non tax-paid cigars or tobacco products.
48-11-10. (a) Every licensed distributor shall file with the commissioner, on or before the tenth day of each month, a report in the form prescribed by the commissioner and disclosing:
(1) The number of cigars or cigarettes or tobacco products on hand on the first and last days of the calendar month immediately preceding the month in which the report is filed;
(2) Information required by the commissioner concerning the amount of stamps pur chased, used, and on hand during the report period; and

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(3) Information otherwise required by the commissioner for the report period.
(b) The commissioner may require other reports as he deems necessary for the proper administration of this chapter including, but not limited to, reports from common carriers and warehousemen with respect to cigars, an4 cigarettes, and tobacco products delivered to or stored at any point in this state.
(c) Any person who fails to file any report when due shall forfeit as a penalty for each day after the due date until the report is filed the sum of $1.00, to be collected in the manner provided in subsection (c) of Code Section 48-11-24 for the collection of penalties.
48-11-11. (a) Each distributor and each dealer shall keep complete and accurate records of all cigars, and cigarettes, and tobacco products manufactured, produced, purchased, and sold. The records shall be of the kind and in the form prescribed by the commissioner and shall be safely preserved for three years in an appropriate manner to ensure permanency and accessibility for inspection by the commissioner and his authorized agents. The commis sioner and his authorized agents may examine the books, papers, and records of any distrib utor or dealer in this state for the purpose of determining whether the tax imposed by this chapter has been fully paid and, for the purpose of determining whether the provisions of this chapter are properly observed, may investigate and examine the stock of cigars or ciga rettes or tobacco products in or upon any premises including, but not limited to, public and private warehouses where the cigars or cigarettes or tobacco products are possessed, stored, or sold.
(b) The commissioner and his authorized agents may examine the books, papers, and records of any transportation company, any common, contract, or private carrier, and any public or private warehouse for the purpose of determining whether the provisions of this chapter are properly observed.
48-11-12. (a) (1) The commissioner shall assess a deficiency and may assess a penalty of 10 percent of the deficiency if, after an examination of the invoices, books, and records of a licensed distributor or dealer or of any other information obtained by the commissioner or his authorized agents, the commissioner determines that:
(A) The report of the licensed distributor or licensed dealer is incorrect;
(B) The licensed distributor or dealer has not paid the tax in accordance with the alter nate regulations promulgated by the commissioner under Code Section 48-11-3;
(C) The licensed distributor or dealer has not purchased sufficient stamps to cover his receipts for sales or other disposition of unstamped cigarettes and nontax-paid cigars or nontax-paid tobacco products.
(2) In any case where a licensed distributor or dealer cannot produce evidence of suffi cient stamps purchased or other payment of the tax to cover the receipt of unstamped ciga rettes or nontax-paid cigars or nontax-paid tobacco products, it shall be assumed that the cigarettes, and cigars, and tobacco products were sold without having either the proper stamps affixed or the tax paid on unstamped cigars or tobacco products.
(b) If the commissioner determines that the deficiency or any part of the deficiency is due to a fraudulent intent to evade the tax, a penalty of 50 percent of the deficiency shall be added to the amount due.
48-11-13. (a) There is imposed a tax on every person for the privilege of using, consum ing, or storing cigars, and cigarettes, or tobacco products in this state on which the tax imposed by Code Section 48-11-2 has not been paid. The tax shall be measured by and graduated in accordance with the volume of cigars, and cigarettes, or tobacco products used, consumed, or stored as set forth in Code Section 48-11-2.
(b) This Code section shall not apply to:
(1) Cigars or cigarettes or tobacco products in the hands of a licensed distributor or dealer;

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(2) Cigars or cigarettes or tobacco products in the possession of a carrier complying with Code Section 48-11-22;
(3) Cigars or cigarettes or tobacco products stored in a public warehouse;
(4) Cigarettes in an amount not exceeding 200 cigarettes which have been brought into the state on the person; or
(5) Cigars in an amount not exceeding 20 cigars which have been brought into the state on the person; or T
(6) Tobacco products in an amount not exceeding one pound which have been brought into this state on the person.
48-11-14. (a) Before any person acquires cigars or cigarettes or tobacco products subject to the tax imposed by Code Section 48-11-13, he shall register with the commissioner as a responsible taxpayer subject to the obligation of maintaining records and making reports in the form prescribed by the commissioner. The report shall be made on or before the tenth day of the month following the month in which the cigars or cigarettes or tobacco products were acquired and shall be accompanied by the amount of tax due.
(b) If any person subject to the tax imposed by Code Section 48-11-13 fails to make the required report or makes an incorrect report, the commissioner shall assess the correct amount of tax due from that person from the best information available to him. A copy of the assessment shall be furnished the person by registered or certified mail, return receipt requested, or by personal service. Any person aggrieved by any assessment pursuant to this Code section may request a hearing in the manner provided in subsection (a) of Code Sec tion 48-11-18.
(c) Every person subject to the tax imposed by Code Section 48-11-13 who fails to regis ter with the commissioner as a responsible taxpayer, who fails to make a report within the time specified, or who fails to remit the tax within the time specified may be required to pay a penalty of not less than $25.00 nor more than $250.00 in addition to the tax and any other penalties imposed by law and found due by the commissioner. The commissioner may pro ceed to collect the tax and penalty in the manner provided in subsection (c) of Code Section 48-11-24.
(d) Except as otherwise provided in this Code section, the sanctions and penalties set forth in Code Sections 48-11-15, 48-11-17, 48-11-18, and 48-11-20 through 48-11-24 and in Code Sections 48-7-2, 48-10-16, 48-13-10, and 48-13-38 shall be imposed where applicable for any violations of this chapter by consumers.
48-11-15. The fiscal division is authorized to pay, on the order of the commissioner, claims for refunds of cigar or cigarette or tobacco products taxes found by the commissioner or the courts to be due any distributor, dealer, or taxpayer. The commissioner, upon proof satisfactory to him and in accordance with regulations promulgated by him, shall refund the cost price of stamps affixed to any package of cigars or cigarettes or tobacco products or shall refund the tax paid on cigars or tobacco products under the alternate method when the cigars or cigarettes or tobacco products have become unfit for use, consumption, or sale and have been destroyed or shipped out of the state.
48-11-16. (a) The commissioner may permit licensed distributors to purchase tax stamps from the department on account. Permits may be granted only to licensed distribu tors who post bonds with the commissioner in amounts sufficient in the opinion of the com missioner to secure payment for stamps delivered on account. Tax stamps purchased by licensed distributors shall be paid for in full on or before the twentieth day of the month next succeeding the purchase. The bond provided in this Code section shall be secured by cash which shall bear no interest, by negotiable securities approved by the fiscal division, or by a surety bond executed by a surety company licensed to do business in this state and approved by the commissioner.
(b) The commissioner may cancel without notice any permit issued under this Code

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section if the licensed distributor fails or refuses to comply with the requirements of this Code section or with the rules and regulations adopted under authority of this Code section.
(c) On or before June 30 of each fiscal year, the licensed distributor shall pay in its entirety any liability for the purchase of tax stamps due at that time.
48-11-17. The amount of any unpaid tax shall be a lien against the property of any distributor or dealer who sells cigars or cigarettes or tobacco products without collecting the tax and against the property of any person using or consuming cigars or cigarettes or to bacco products without proper stamps affixed to the cigars or cigarettes or tobacco products or without the tax paid on the cigars or tobacco products as otherwise provided in this chapter. The commissioner or his authorized agents are authorized to seize the property of a delinquent distributor, dealer, or taxpayer and sell it as provided by law to satisfy the claim for taxes due under this chapter; or the commissioner may record his lien specifying and describing the property against which the lien is effective, and the lien shall be good as against any other person until the claim for taxes is satisfied.
48-11-18. (a) Any person aggrieved by any action of the commissioner or his authorized agent may apply to the commissioner, in writing within ten days after the notice of the action is delivered or mailed to him, for a hearing. The application shall set forth the rea sons why the hearing should be granted and the manner of relief sought. The commissioner shall notify the applicant of the time and place fixed for the hearing. After the hearing, the commissioner may make an order as may appear to him to be just and lawful and shall furnish a copy of the order to the applicant. The commissioner at any time by notice in writing may order a hearing on his own initiative and require the taxpayer or any other person whom he believes to be in possession of information concerning any manufacture, importation, use, consumption, storage, or sale of cigars or cigarettes or tobacco products which have escaped taxation to appear before him or his duly authorized agent with any specific books of account, papers, or other documents for examination under oath relative to the information.
(b) Any person aggrieved because of any action or decision of the commissioner, after hearing, may appeal from the decision to the superior court of the county in which the appellant resides. The appeal shall be returnable at the same time and shall be served and returned in the same manner as required in the case of a summons in a civil action. The authority issuing the citation shall take from the appellant a bond of recognizance to the state, with surety, conditioned to prosecute the appeal and to effect and comply with the orders and decrees of the court. The action of the commissioner shall be sustained unless the court finds that he misinterpreted this chapter or that there is no evidence to support his action. If the commissioner's actions is not sustained, the court may grant equitable relief to the appellant. Upon all appeals which are denied, costs may be taxed against the appellant at the discretion of the court. No costs of any appeal shall be taxed against the state.
48-11-19. (a) Each person appointed by the commissioner as a special agent or enforce ment officer of the department for the enforcement of the laws of this state with respect to the manufacture, transportation, distribution, sale, possession, and taxation of cigars, ciga rettes, and little cigars, or tobacco products shall have the authority throughout the state to:
(1) Obtain and execute warrants for arrest of persons charged with violations of such laws;
(2) Obtain and execute search warrants in the enforcement of such laws;
(3) Arrest without warrant any person violating such laws in the officer's presence or within his immediate knowledge when there is likely to be a failure of enforcement of such laws for want of a judicial officer to issue a warrant;
(4) Make investigations in the enforcement of such laws and, in connection with such investigations, to go upon any property outside buildings, whether posted or otherwise, in the performance of his duties;

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(5) Seize and take possession of all property which is declared contraband under such laws; and
(6) Carry firearms while performing his duties.
(b) Each special agent or enforcement officer shall file with the commissioner a public official's bond in the amount of $1,000.00, the cost of the bond to be borne by the depart ment. Nothing in this chapter shall be construed to relieve agents and officers, after making an arrest, from the duties imposed generally to obtain a warrant promptly and to return arrested persons without undo delay before a person authorized to examine, commit, or receive bail as required by general law.
48-11-20. The failure to do any act required by this chapter shall be deemed an act committed in part at the office of the commissioner in Atlanta. The certificate of the com missioner to the effect that any act required by this chapter has not been done shall be prima-facie evidence that the act has not been done.
48-11-21. The superior courts of this state shall have jurisdiction of offenses against this chapter which are punishable by fine or imprisonment, or both.
48-11-22. (a) Every person who transports upon the public highways, roads, and streets of this state cigars or cigarettes or tobacco products not stamped or on which tax has not been paid in accordance with the alternate regulations provided by the commissioner under Code Section 48-11-3 shall have in his actual possession invoices or delivery tickets for the cigars, tmet cigarettes, or tobacco products which show the true name and address of the consignor or seller, the true name of the consignee or purchaser, the quantity and brands of the cigars or cigarettes or tobacco products transported, and the name and address of the person who has assumed or shall assume the payment of the tax at the point of ultimate destination. In the absence of the invoices or delivery tickets, the cigars or cigarettes or tobacco products being transported and the vehicles in which the cigars or cigarettes or tobacco products are being transported shall be confiscated and disposed of as provided In Code Section 48-11-9; and the transporter may be liable for a penalty of not more than $25.00 for each individual carton of cigarettes, and $50.00 for each individual box of cigars, and $50.00 for each package, can, or box of tobacco products being transported by him. The penalty shall be recovered as provided in subsection (c) of Code Section 48-11-24.
(b) This Code section shall apply only with respect to the transportation of more than 200 cigarettes or more than 20 cigars or more than one pound of tobacco products.
48-11-23. (a) It shall be unlawful for any person, with intent to evade the tax imposed by this chapter, to transport cigars, cigarettes or tobacco products in violation of Code Sec tion 48-11-22.
(b) Any person who violates Code Section 48-11-22 shall be guilty of a misdemeanor.
48-11-24. (a) Any person who possesses unstamped cigarettes or nontax-paid cigars or tobacco products in violation of this chapter shall be liable for a penalty of not more than $25.00 for each individual carton of unstamped cigarettes, and $50.00 for each individual box of nontax-paid cigars, and $50.00 for each individual package, can, or box of tobacco products in his possession.
(b) Any person who engages in any business or activity for which a license is required by this chapter without first having obtained a license to do so or any person who continues to engage in or conduct the business after his license has been revoked or during a suspen sion of the license shall be liable for a penalty of not more than $250.00. Each day that the business is engaged in or conducted shall be deemed a separate offense.
(c) Proceedings to enforce and collect the penalties provided by this chapter shall be brought by and in the name of the commissioner. With respect to offenses committed within the territorial jurisdiction of the court, each superior court shall have jurisdiction to enforce and collect the penalty. The costs recoverable in any such proceeding shall be recovered by the commissioner in the event of judgment in his favor. If the judgment is for the defend ant, it shall be without costs against the commissioner. All expenses incident to the recovery

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of any penalty pursuant to this Code section shall be paid in the same manner as any other expense incident to the administration of this chapter.
48-11-25. (a) (1) It shall be unlawful for any person, with the intent to evade the tax imposed by this chapter, to possess unstamped cigarettes or nontax-paid cigars or tobacco products.
(2) Any person who violates paragraph (1) of this subsection shall be guilty of a misdemeanor.
(b) (1) It shall be unlawful for any person, with the intent to evade the tax imposed by this chapter, to:
(A) Sell cigarettes without the stamps required by this chapter being affixed to the cigarettes; or
(B) Sell cigars or tobacco products without the stamp or stamps required by this chap ter or without the tax being paid on the cigars or tobacco products in accordance with the alternate method.
(2) Any person who violates paragraph (1) of this subsection shall be guilty of a felony and, upon conviction thereof, shall be imprisoned for not less than one year nor more than ten years.
48-11-26. (a) With respect to this chapter, it shall be unlawful for any person, with the intent to defraud the state or evade the payment of any tax, penalty, or interest or any part of a payment when due, to:
(1) Willfully fail or refuse to file any report or statement required to be filed pursuant to this chapter or by the commissioner's rules and regulations;
(2) File or cause to be filed with the commissioner any false or fraudulent report or statement; or
(3) Aid or abet another in the filing with the commissioner of any false or fraudulent report or statement.
(b) Any person who violates subsection (a) of this Code section shall be guilty of a misdemeanor.
48-11-27. (a) It shall be unlawful for any person to:
(1) Make a false entry upon any invoices or any record relating to the purchase, posses sion, or sale of cigarettes, cigars, or tobacco products; or
(2) With intent to evade any tax imposed by this chapter, present any false entry upon any such invoice or record for the inspection of the commissioner or his authorized agents.
(b) Any person who violates subsection (a) of this Code section shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than $250.00 for each separate offense.
48-11-28. (a) With respect to this chapter, it shall be unlawful for any person to:
(1) Fraudulently make, utter, forge, or counterfeit any stamp prescribed by the commissioner;
(2) Cause or procure a violation of paragraph (1) of this subsection to be done;
(3) Willfully utter, publish, pass, or render as true any false, altered, forged, or counter feited stamp;
(4) Knowingly possess any false, altered, forged, or counterfeited stamp;
(5) For the purpose of evading the tax imposed, use more than once any stamp required by this chapter; or
(6) Tamper with or cause to be tampered with any metering machine authorized to be used.

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(b) Any person who violates subsection (a) of this Code section shall be guilty of a felony and, upon conviction thereof, shall be imprisoned for not less than one year nor more than ten years.
48-11-29. (a) It shall be unlawful for any person to:
(1) Knowingly swear to or affirm any false or fraudulent statement with intent to evade the payment of any tax imposed by this chapter; or
(2) Under oath, testify falsely at any hearing held pursuant to this chapter.
(b) Any person who violates subsection (a) of this Code section shall be guilty of a misdemeanor."
Section 3. The provisions of Section 1 of this Act shall become effective January 1, 1993. Section 1 of this Act shall not be construed to authorize the refund of any sales and use tax paid with respect to the sale or use of durable medical equipment and prosthetic devices prior to January 1, 1993. The remaining provisions of this Act shall become effective July 1, 1992.
Section 4. 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 S.W.
Room 214 Atlanta, Georgia 30334-8400

MEMORANDUM

TO:

The Honorable Mary Jeanette Jamieson

State Representative

FROM:

G.W. Hogan, State Auditor Henry M. Huckaby, Director, Office of Planning and Budget

DATE:

March 11, 1992

SUBJECT: Fiscal Note - House Bill 332 (Committee Substitute (LC 18 4999S) Sales and Use Tax - Items Paid For By State Or Federal Funds

This bill would authorize the state revenue commissioner to develop rules and regula tions to exempt certain durable medical equipment items or prosthetic devices from sales and use taxes. These provisions would apply to items paid for directly by state or federal funds where state or federal law or regulation authorizing payment also prohibits the pay ment of sales and use taxes.

If the application of the exemption authorized in this Bill is restricted to only explicit sales of medical durables currently being paid by Medicaid and Medicare, a State revenue loss of approximately $840,000 would result. If, through changes in billing practices or sub sequent legal interpretation, the exemption is also extended to medical durables currently billed by health care provider as part of their services, the State revenue loss would become approximately $3.1 million.

/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 6, nays 31, 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:

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Those voting in the affirmative were Senators:

Baldwin Bishop
Bowen Broun of 46th Brown of 26th
Burton Clay Coleman Collins Dawkins Deal Dean Echols Edge Egan Foster

Harris Hasty Henson Hill Hooks Huggins Johnson Marable Moye Newbill Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd

Voting in the negative were Senators Albert and Kidd.

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) English Garner

Gillis (presiding) Hammill

Langford Shumake

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

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

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.

Senate Sponsor: Senator English of the 21st.

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

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

Those voting in the affirmative were Senators:

Baldwin Bishop Bowen Broun of 46th Brown of 26th Coleman Dawkins Deal Dean Echols Egan English Foster

Hammill Harris Hasty Hill Hooks Huggins Johnson Kidd Marable Perdue Perry Phillips Pollard

Ragan of 10th Ramsey Ray Robinson Scott Steinberg Tate Taylor Timmons Turner Tysinger Walker of 22nd White

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Those voting in the negative were Senators:

Albert Burton Clay

Collins Edge Newbill

Ragan of 32nd Thompson Walker of 43rd

Those not voting were Senators:

Alien Garner Gillis (presiding)

Henson Langford Moye

Shumake Starr

On the passage of the bill, the yeas were 39, nays 9.

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

The President resumed the Chair.

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.
Senate Sponsor: Senator Robinson of the 16th.

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

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

Those voting in the affirmative were Senators:

Albert Baldwin Bishop Bowen Brown of 26th Burton Clay Coleman Collins Dawkins Deal Dean Echols Edge Egan Foster

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

Voting in the negative was Senator Kidd.

Those not voting were Senators:

Alien

Broun of 46th

English

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Garner Gillis (presiding)

Langford

Shumake

On the passage of the bill, the yeas were 48, nays 1.

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

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.
Senate Sponsor: Senator Thompson of the 33rd.

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

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

Those voting in the affirmative were Senators:

Albert Baldwin Bishop Bowen Brown of 26th Burton Clay Coleman Collins Dawkins Deal Dean Echols Edge Egan

English Foster Gillis Hammill Harris Hasty Henson Hooks Huggins Johnson Marable Moye Newbill Perdue Perry

Those not voting were Senators:

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

Alien Broun of 46th Garner Hill

Kidd Langford Robinson Shumake

Starr Taylor Tysinger 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.

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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 bill of the House:
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.
The House insists on its position in amending the Senate substitute, and has appointed a Committee of Conference on the part of the House to confer with a like committee on the part of the Senate on the following bill of the House:
HB 2069. By Representatives Padgett of the 86th, Williams of the 90th and others: A bill to amend an Act creating the board of commissioners of Richmond County, so as to change the composition of the board.
The Speaker has appointed on the part of the House, Representatives Padgett of the 86th, Howard of the 85th and Cheeks of the 89th.
The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage:
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.
Senate Sponsor: Senator Walker of the 22nd.
Senator Walker of the 22nd offered the following amendment:
Amend HB 1532 by striking lines 1 through 12 of page 1 and inserting in lieu thereof the following:
"To amend Code Title 33 of the Official Code of Georgia Annotated, relating to insur ance, so as to provide for insurers' investments; to provide for underwriting of vehicle ser vice agreements and rules; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Title 33 of the Official Code of Georgia Annotated, relating to insur ance, is amended by striking Code Section 33-11-16, relating to authorized investments by insurers, and inserting in lieu thereof:"
On the adoption of the amendment offered by Senator Walker of the 22nd, the Presi dent ordered a roll call, and the vote was as follows:

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3119

Those voting in the affirmative were Senators:

Bishop Bowen Broun of 46th Brown of 26th Burton Coleman Collins Deal Dean
Echols
English
Foster

Gillis Hammill Harris Henson Hill Hooks Johnson Marable Moye
Perdue
Perry
Pollard

Ragan of 10th Ramsey Ray Robinson Scott q,
late Timmons Turner Tysinger Walker of 22nd

Those voting in the negative were Senators:

Baldwin Clay DE(ajgwekms Egan

Hasty Huggins Newbill Phillips

Ragan of 32nd Taylor Thompson White

Those not voting were Senators:

Albert

Kidd

Alien

Langford

Garner (excused conferee) Shumake

Steinberg Walker of 43rd (excused conferee)

On the adoption of the amendment offered by Senator Walker of the 22nd, the yeas were 35, nays 13, and the amendment was adopted.

Senator Walker of the 22nd offered the following amendment:

Amend HB 1532 by striking line 23 of page 1 and inserting in lieu thereof the following:
"chapter. In addition to authority contained in Code Section 33-11-8 and elsewhere in this title, an insurer may invest up to 10 percent of its admitted assets in securities or other investments within a foreign country which are similar in characteristics and quality to like investments authorized pursuant to this chapter for investments in the United States of America, including obligations of the government of such foreign country and its political subdivisions and instrumentalities, provided that the values of such securities or other in vestments shall be determined in accordance with the valuation methods then currently formulated or approved by the National Association of Insurance Commissioners or its suc cessor organization."

On the adoption of the amendment offered by Senator Walker of the 22nd, the Presi dent ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Baldwin Bishop Bowen Brown of 26th Coleman Collins Deal Dean Echols

English Foster Garner Gillis Hammill Harris Henson Hill Hooks

Johnson Marable Perdue Perry Pollard Ragan of 10th Ramsey Ray Robinson

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Scott Steinberg

Tate Timmons

Turner Walker of 22nd

Those voting in the negative were Senators:

Broun of 46th Burton Da^kins Edge Egan

Hasty Huggins Newbi11 Phillips Ragan of 32nd

Starr Taylor Thompson Tysinger White

Those not voting were Senators:

Albert Alien Kidd

Langford Moye

Shumake Walker of 43rd

On the adoption of the amendment offered by Senator Walker of the 22nd, the yeas were 33, nays 16, and the amendment was adopted.

Senator Walker of the 22nd offered the following amendment:

Amend HB 1532 by adding between lines 23 and 24 of page 1 the following:
"Section 1.1. Said title is further amended by adding at the end of paragraph (b)(l) of Code Section 33-7-6, relating to property insurance, the following:
'or, without regard to the requirement that the insurance cannot be obtained from an insurer authorized to do business in this state as required by Code Section 33-5-21, to an agreement underwritten by a surplus lines insurer which has not been rejected by the Com missioner for such purpose'".

On the adoption of the amendment offered by Senator Walker of the 22nd, the yeas were 33, nays 8, and the amendment was adopted.

Senator Walker of the 22nd offered the following amendment:

Amend HB 1532 by adding between lines 23 and 24 of page 1 the following:
"Section 1.2. Said title is further amended by adding at the end of subsection (d) of Code Section 33-7-6, relating to property insurance, the following:
'Such rules and regulations shall also include the conditions under which surplus lines insurers may be rejected for the purpose of underwriting vehicle service agreements and extended warranty agreements.'".

On the adoption of the amendment offered by Senator Walker of the 22nd, the yeas were 30, nays 2, and the amendment was adopted.

Senator Taylor of the 12th offered the following amendment:

Amend HB 1532 by creating a new Section 2 on line 24 of page 1 to read as follows:
"Notwithstanding any provision of this chapter to the contrary, a group policyholder may require an employee contribution or an additional contribution for spousal coverage where the spouse so covered is eligible to receive coverage under another group accident and sickness policy but declines such coverage."
And by renumbering Section 2 as 3 and Section 3 as 4.

MONDAY, MARCH 30, 1992

3121

On the adoption of the amendment offered by Senator Taylor of the 12th, 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 Bowen Brown of 26th Coleman Dawkins Deal Dean Echols English
Foster Gillis Hammill

Harris Hasty Henson Hill Hooks Huggins Marable Newbill Perdue Perry Pollard Ragan of 10th

Ramsey Ray Robinson Scott Starr Steinberg Tate Taylor Timmons Turner Walker of 22nd Walker of 43rd

Those voting in the negative were Senators:

Broun of 46th Burton Clay Collins

Edge Egan Phillips Ragan of 32nd

Thompson Tysinger White

Those not voting were Senators:

Albert Alien Bishop

Garner (excused conferee) Johnson (excused conferee) Kidd

Langford Moye Shumake

On the passage of the bill, the yeas were 36, nays 11.

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

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

HB 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.

Senator Hammill of the 3rd moved that the Senate insist upon the Senate amendment to HB 1693.

On the motion, the yeas were 33, nays 0; the motion prevailed, and the Senate insisted upon the Senate amendment to HB 1693.

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

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

Senator Ramsey of the 54th offered the following amendment:

Amend HB 1277 by inserting on line 17 of page 1 between the word and symbol "obli gation;" and the word "to" the following:
"to provide for a definition;".
By inserting between lines 30 and 31 of page 4 the following:
"Section 3. Article 1 of Chapter 13 of Title 19 of the Official Code of Georgia Anno tated, relating to relief from family violence to be granted by superior courts, is amended by striking in its entirety Code Section 19-13-1, relating to defining 'family violence,' and in serting 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; or
(2) Commission of offenses of battery, simple battery, simple assault, assault, criminal damage to property, unlawful restraint, or criminal trespass.
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.' "
By renumbering Section 3 as Section 4.

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

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

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

Those voting in the affirmative were Senators:

Baldwin Bishop Bowen Broun of 46th Brown of 26th Burton Clay Collins Dawkins Dean

Echols Edge Egan English Foster Garner Gillis Harris Hasty Henson

Hooks Huggins Marable Moye Newbill Perdue Perry Phillips Pollard Ragan of 10th

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3123

Ragan of 32nd Ramsey Scott Starr

Steinberg Tate Taylor Thompson

Timmons Turner Tysinger Walker of 43rd

Those not voting were Senators:

Albert Alien Coleman Deal (excused conferee)
Hammill

Hill Johnson (excused conferee) Kidd Langford
Ray

Robinson Shumake
Walker of 22nd White

On the passage of the bill, the yeas were 42, nays 0.

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

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

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.

Senator Foster of the 50th moved that the Senate adhere to its disagreement to the House substitute to SB 777, and that a Conference Committee be appointed.

On the motion, the yeas were 30, nays 0; the motion prevailed, and the Senate adhered to its disagreement to the House substitute to SB 777.

The President appointed as a Conference Committee on the part of the Senate the following:
Senators Newbill of the 56th, Marable of the 52nd and Dawkins of the 45th.

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.

Senator Foster of the 50th moved that the Senate adhere to its disagreement to the House substitute to SB 784, and that a Conference Committee be appointed.

On the motion, the yeas were 32, nays 0; the motion prevailed, and the Senate adhered to its disagreement to the House substitute to SB 784.

The President appointed as a Conference Committee on the part of the Senate the following:
Senators Newbill of the 56th, Marable of the 52nd and Dawkins of the 45th.

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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 amendment, and has appointed a Committee of Conference on the part of the House to confer with a like com mittee on the part of the Senate on the following bill of the House:
HB 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.
The Speaker has appointed on the part of the House, Representatives McKelvey of the 15th, Childers of the 15th and Smith of the 16th.
The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage:
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.
Senate Sponsor: Senator Taylor of the 12th.
The Senate Committee on Transportation offered the following substitute to HB 494:
A BILL
To be entitled an Act to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles, so as to provide for issuance of replacement license plates or renewal decals lost in the mail; to provide for increases in the fees for dealer tags; to provide for two-year dealer tags; to provide for research fees to be submitted with each form or corrected form submitted for an abandoned motor vehicle; to provide for procedures for transfer or replacement of special license plates for jointly owned vehicles; to provide for registration deadlines for certain commercial vehicles; to provide for penalties for late regis tration; to provide for related matters; to change certain definitions relative to certificates of title; to change provisions regarding issuance of a new motor vehicle identification number; to change certain procedures and requirements relative to certificates of title for salvage or rebuilt vehicles; to require an insurer to notify the owner of any motor vehicle for which a total loss claim is paid of all obligations regarding the registration and title of such vehicle prior to payment of such claim; to change certain inspection requirements; to exempt cer tain vehicles; to amend Chapter 48 of Title 43 of the Official Code of Georgia Annotated, "The Used Motor Vehicle Dismantlers, Rebuilders, and Salvage Dealers Registration Act," so as to change certain definitions; to impose certain requirements on licensees; to amend Chapter 10 of Title 48 of the Official Code of Georgia Annotated, relating to motor vehicle license fees and plates, so as to change certain annual license fees; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles, is amended by striking subsection (a) of Code Section 40-2-38, relating to registration and licensing of manufacturers and dealers, in its entirety and inserting in lieu thereof the following:
"(a) Manufacturers and dealers engaged in the manufacture, sale, or leasing of vehicles required to be registered under Code Section 40-2-20 shall register with the commissioner, making application for a distinguishing dealer's number, specifying the name and make of motor vehicle, tractor, or trailer manufactured, sold, or leased by them, upon forms pre pared by the commissioner for such purposes, and pay therefor a fee of $3fe0 $62.00, which shall accompany such application, and for which fee the commissioner shall furnish to the dealer one number plate to expire December 31 of odd-numbered years, to be known as a dealer's number, and to be distinguished from the number plates provided for in this chap ter by a different and distinguishing color to be determined by the commissioner, with the word 'Dealer' on same; a dealer's number plate to be for the purpose of demonstrating or transporting dealer's vehicles or trailers for sale or lease. No dealer or manufacturer may use or permit to be used a dealer's number for private use or on cars for hire, for lease, or other manner not provided for in this Code section. The commissioner may in his discretion issue to dealers that manufacture new vehicles in Georgia number plates with the word 'Manufac turer' on such plates. In the event the dealers or manufacturers desire more than one tag, they shall so state on the application, and, in addition to the fee of $26.00 $62.00 provided in this Code section, shall pay $6.00 $12.00 for each and every additional number plate furnished. Persons engaged in the business of transporting vehicles for others under such vehicle's own power shall likewise be entitled to obtain license plates under this Code sec tion, but such plates shall be used only on vehicles being transported."
Section 2. Said title is further amended by striking Code Section 40-2-44, relating to reporting of theft, loss, or mutilation of license plates or decals, in its entirety and inserting in lieu thereof the following:
"40-2-44. (a) Except as provided in subsection (b) of this Code section, the owner of a motor vehicle shall immediately report the theft, loss, or mutilation of a license plate or revalidation decal to the appropriate law enforcement agency or official, including but not limited to a municipal or county police department or officer, the county sheriff, the Depart ment of Public Safety, or the Georgia State Patrol. Said owner shall obtain a copy of the police report and shall submit such copy to the Department of Revenue, Motor Vehicle Division of the Department of Revenue with a fee of $2.00 $8.00 to obtain a duplicate li cense plate or revalidation decal. Alternatively, the copy of the police report may be submit ted to the applicant's county tag agent with a fee in the same amount as the original tag fee in which case the county tag agent is authorized to issue a replacement license plate or decal.
(b) If the license plate or revalidation decal is mutilated but still legible and if such license plate or revalidation decal is surrendered with the application for the duplicate, the requirements of subsection (a) of this Code section, relating to reporting the theft, loss, or mutilation of license plate or decal and submitting a copy of a police report, shall not apply.
(c) A duplicate license plate or revalidation decal when the original has been loat, de faced, or destroyed may be obtained from the commissioner upon filing with him an affida vit getting forth the facta of such loaa or destruction and the payment of a fee of $2.00. A duplicate county decal when the original has been lost, defaced, or destroyed may be ob tained from the commissioner at no cost. A replacement license plate or revalidation decal when the original has been lost in the mail prior to receipt by the registered owner shall be issued by the commissioner without charge upon application and completion of the form and affidavit prescribed by the commissioner setting forth the circumstances of nonreceipt of the license plate or decal. The owner shall report the nonreceipt or loss of the license

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plate or decal to the appropriate law enforcement agency or official, including, but not lim ited to, a municipal or county police department or officer, the county sheriff, or the Depart ment of Public Safety. Said owner shall obtain a copy of the police report on which the license plate or decal number is listed and shall submit such copy to the Motor Vehicle Division of the Department of Revenue. The owner shall not be charged a fee by the De partment of Public Safety or the local law enforcement agency or official for a copy of such police report.
(d) The commissioner is authorized to establish procedures and promulgate rules and regulations for carrying out this Code section."
Section 2.1. Said title is further amended by striking Code Section 40-2-83, relating to special or prestige license plates for jointly owned vehicles, in its entirety and inserting in lieu thereof the following:
"40-2-83. (a) Notwithstanding any other provision of law, any resident person who is authorized to obtain a special or prestige license plate pursuant to this article may, upon complying with the motor vehicle laws relating to licensing, registration, and fees, obtain such special or prestige license plate in his or her own name and the name of any other person with whom he or she jointly owns a motor vehicle.
(b) Any resident owner of a motor vehicle who has been issued a special or prestige license plate and who subsequently acquires a motor vehicle jointly with another and who wishes to place such special or prestige license plate on such jointly owned motor vehicle shall notify the commissioner in such manner as the commissioner may prescribe by regula tion and shall pay a transfer fee of $1.00, whereupon the commissioner shall change the registration for such license plate to reflect such joint ownership.
(c) Upon the transfer of a jointly owned vehicle upon which there is a special or prestige license plate and the subsequent acquisition of a motor vehicle in the sole name of the person who is authorized to obtain such special or prestige license plate pursuant to this article, such person shall notify the commissioner in such manner as the commissioner shall prescribe by regulation and shall pay a transfer fee of $1.00, whereupon the commissioner shall change the registration of such special or prestige plate to reflect the sole ownership by such individual.
(d) If any resident person who is authorized to obtain a special or prestige license plate and who has been issued a special or prestige plate for a jointly owned vehicle dies or for any other reason is no longer a joint owner of such vehicle, the surviving owner of such vehicle shall surrender the license plate to the commissioner and shall obtain a regular li cense plate or some other type of special or prestige license plate upon complying with the motor vehicle laws relating to registration, licensing, and feesT1
Section 3. Said title is further amended by striking Code Section 40-2-88, relating to reciprocal agreements for registration of commercial vehicles on an apportionment basis, in its entirety and inserting in lieu thereof the following:
"40-2-88. (a) In addition to and regardless of the provisions of Article 3 of this chapter or any other provisions of law relating to the operation of motor vehicles over the public highways of this state, the Department of Revenue is authorized to enter into reciprocal agreements or plans on behalf of the State of Georgia with the appropriate authorities of any of the states of the United States, the District of Columbia, a state or province of any foreign country, or a territory or possession of the United States or any foreign country providing for the registration of commercial vehicles on an apportionment basis and may, in the exercise of this authority, enter and become a member of the International Registration Plan developed by the American Association of Motor Vehicle Administrators. Any such reciprocal agreement or plan may provide for but shall not be limited to the following provi sions: (1) full reciprocity in accordance with such agreement or plan for commercial vehicles not based in Georgia, which vehicles are operated in interstate commerce or a combination of interstate and intrastate commerce and are of specified types or weights, in exchange for

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equivalent reciprocity for Georgia based commercial vehicles; (2) reciprocal exchange of au dits of records of the owners of such commercial vehicles by the states participating in any such agreement or plan; and (3) any other matters which would facilitate the administration of such agreement or plan, including exchange of information for audits enforcement activi ties and collection and disbursement of proportional registration fees for other jurisdictions in the case of Georgia based commercial vehicles.
(b) Any reciprocity agreement, arrangement, or declaration relating to commercial vehi cles in effect between this state and any jurisdiction not a party to such reciprocal agree ment or plan or which relates to any matters not covered in such reciprocal agreement or plan shall continue in force and effect until specifically revoked or amended as provided by law.
(c) (1) Applications for registration or renewal of registration under the International RegisTration Plan may be submitted during the period of December 1 of the prior registra tion year to February 15 of the year for which the license plate is to be issued. Fees must be paid not later than 30 days from the date of the invoice, which will be mailed to the appli cant, or March 15 of the registration year, whichever is later. License plates are required to be displayed on vehicles registered under the International Registration Plan not later than May 2 of the registration year.
(2) Any owner of a vehicle required to be registered under the International Registra tion Plan who does not register and obtain a license to operate such vehicle as prescribed in paragraph (1) of this subsection shall, in addition to any other penalty which may be im posed if such vehicle is registered after May 1, be subject to a late application penalty of 10 percent of the total registration fees if application for other than a previously unregistered vehicle is received after February 15 of the registration year. Additionally, the owner of a vehicle required to be registered under the International Registration Plan who does not pay to the commissioner the registration fees by 30 days from the date of the registration fees invoice or March 15 of the registration year, whichever is later, shall be subject to a late payment penalty of $50.00 per vehicle for which payment of registration fees is not received by the commissioner by the date prescribed in this paragraph!
(d) The provisions of Code Sections 40-2-22, 40-2-23, 40-2-24, 40-2-26, and 40-2-81 shall not apply to vehicles registered under this Code section, except that:
(1) Registration under the International Registration Plan shall not relieve a registrant from any other taxes due and registration shall be denied any such vehicle if any Georgia ad valorem property taxes due upon such vehicle are unpaid;
(2) No vehicle registration or renewal thereof shall be issued to any motor vehicle sub ject to the heavy vehicle tax unless the owner of the motor vehicle provides satisfactory proof that the heavy vehicle tax imposed by Subchapter D of Chapter 36 of the Internal Revenue Code has been paid for the federal tax year during which the application for regis tration or renewal thereof is made or that a heavy motor vehicle tax return has been filed with the Internal Revenue Service for the federal tax year during which the application for registration or renewal thereof is made; and
(3) No vehicle registration or renewal thereof shall be issued without the commissioner having first received certification that the vehicle sought to be licensed is insured in compli ance with the mandatory provisions of Chapter 34 of Title 33, the 'Georgia Motor Vehicle Accident Reparations Act.'
(e) In the event of conflict between the provisions of this Code section or any agreement entered into under the provisions of this Code section and any other law or provision on this subject, the provisions of this Code section or any agreement entered into under the provi sions of this Code section shall prevail.
(f) Each motor carrier registered under the International Registration Plan shall main tain and keep, for the current year and the three preceding years, such pertinent records and papers as may be required by the Department of Revenue for the reasonable adminis tration of this chapter. If a registrant fails to make records available to the commissioner

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upon proper request or if any registrant fails to maintain records from which its true liabil ity may be determined, the department may, 30 days after written demand for production of or access to the records or notification of insufficient records, impose an assessment of liability based on the commissioner's estimate of the true liability of such registrant as de termined from information furnished by the registrant, information gathered by the com missioner at his own instance, information available to the commissioner concerning opera tions by similar registrants, and such other pertinent information as may be available to the commissioner.
(g) The commissioner or any authorized agent of the commissioner is authorized to examine the records, books, papers, and equipment of any motor carrier that are deemed necessary to verify the truth and accuracy of any statement or report and ascertain whether the tax imposed by Code Section 48-10-2.1 and the International Registration Plan has been properly paid. The duties and powers of the commissioner as specified in Code Sections 482-7 through 48-2-11 are expressly made applicable to this Code section.
(h) In lieu of full registration under the International Registration Plan, trip permit registration may be issued for any vehicle or combination of vehicles which could be lawfully operated in the state if full registration or apportioned registration were obtained. A person desiring a trip permit shall make application therefor as prescribed by the commissioner. A trip permit shall be issued for the sum of $30.00. Any vehicle or combination of vehicles for which a trip permit has been issued may be operated in interstate or intrastate commerce in Georgia for a period of 72 hours from the time of issuance.
<& (i) The department is authorized and empowered to promulgate and to enforce such rules amTregulations and to publish such forms as may be necessary to carry out the provi sions of the International Registration Plan or any other agreement entered into under the authority set forth in this Code section.
{*) (j) Any person who violates any provision of this Code section shall, in addition to any other penalties provided by any other law, be punished by a fine of not less than $100.00 and not more than $250.00."
Section 4. Said title is further amended by striking paragraphs (9) and (11) of Code Section 40-3-2, relating to the definitions for motor vehicle certificates of title, in their en tirety and inserting in lieu thereof the following:
"(9) 'Major component part' means any one of the following subassemblies of a motor vehicle:
(A) Front clip assembly (fenders, hood, and bumper);
(B) Rear clip assembly (quarter panels and floor panel assembly);
(C) Engine and transmission;
(D) Top, with the exception of soft tops;
(E) Frame;
(F) Complete side (fenders fender, door, and quarter panel)^ or
(G) For pickup trucks only, these additional components:
(i) Bed assembly (complete bed, front, sides, and bottom; cargo box; slide back bed; stake body; or wrecker assembly)^
(ii) Back panel; cab corner assembly (quarter panels);
(iii) Top; and
(iv) Side (fender, door, cab corner, and bed side)."
"(11) 'Salvage motor vehicle' means any motor vehicle:
(A) Which has been damaged to the extent that its restoration to an operable condition would require the replacement of two or more major component parts but shall not mean

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any aueh motor vehicle which has been repaired and the title to which ia not transferred as a result of such damage or repair;
(B) Which has been acquired by an insurance company as the result of the vehicle's being damaged to the extent that its restoration to an operable condition would require the replacement of two or more major component parts;
(C) For which an insurance company has paid a total loss claim and the vehicle which has not been repaired, regardless of the extent of damage to such vehicle or the number of major component parts required to repair such vehicle, fetrt or if the repair of the vehicle will require the replacement of more than one major component part or requires repair to structural parts, the insured must surrender such title to the commissioner for cancellation and obtain a salvage certificate of title for such vehicle. If an insurance company pays a total loss claim and the insured retains the damaged vehicle, the insurance company shall not release payment for such claim until the company secures possession of the title from the insured; provided, however, that, if a total loss claim is to be paid for a vehicle where the certificate of title for such vehicle is held by a lienholder or security interest holder, the insurance company may release payment to the insured and the lienholder or security inter est holder jointly and notify the commissioner of payment of such total loss claim and the lienholder or security interest holder shall surrender the certificate of title to the commis sioner for cancellation within ten days of receipt of payment of the total loss claim. The Department of Revenue shall give priority to such submissions and shall issue a salvage title for a vehicle within seven days of receipt of the original title for cancellation when a total loss claim is paid and the owner retains the damaged vehicle. The term 'salvage motor vehi cle' shall not mean or include any stolen motor vehicle for which an insurance company paid a total loss claim and which was subsequently recovered completely undamaged or damaged only to the extent that its restoration to an operable condition would not require the re placement of two or more major component parts was recovered having sustained only cos metic damage and which has the manufacturer's vehicle identification number plate intact or any vehicle for which an insurance company paid a total loss claim but the damage does not require replacement of more than one major component part or involve any structural damage that would affect the safety of the vehicle; or
(D) Which is an imported motor vehicle which has been damaged in shipment and dis claimed by the manufacturer as a result of the damage, has never been the subject of a retail sale to a consumer, and has never been issued a certificate of title."
Section 5. Said title is further amended by striking subsection (c) of Code Section 40-33, relating to the powers of the state revenue commissioner, in its entirety and inserting in lieu thereof the following:
"(c) The commissioner may:
(1) Make necessary investigation to procure information required to carry out this chapter;
(2) Adopt and enforce reasonable rules and regulations to carry out this chapter;
(3) Assign a new identifying number to a vehicle if it has none, or its identifying num ber is destroyed or obliterated, or its motor is changed, and shall either issue a new certifi cate of title showing the new identifying number or make an appropriate endorsement on the original certificate."
Section 6. Said title is further amended by striking paragraph (2) of subsection (a) of Code Section 40-3-36, relating to salvage certificates of title, which reads as follows:
"(2) (A) The registered owner of any motor vehicle which is damaged to the extent that its restoration to an operable condition would require the replacement of the front clip as sembly, which includes the fenders, hood, and bumper; the rear clip assembly, which in cludes the quarter panels and the floor panel assembly; the top assembly, excluding a soft top; the frame; and a complete side, which includes the fenders, door, and quarter panel shall mail or deliver the certificate of title to the commissioner for cancellation.

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(B) Any insurance company which acquires a damaged motor vehicle by virtue of hav ing paid a total loss claim shall mail or deliver the certificate of title to the commissioner for cancellation. In every case in which a total loss claim is paid and the insurance company does not acquire such damaged motor vehicle, the insurance company paying such total loss claim shall notify the commissioner and the owner of the payment of a total loss claim.",
in its entirety and inserting in lieu thereof the following:
"(2) The registered owner of any motor vehicle which is damaged to the extent that its restoration to an operable condition would require the replacement of:
(A) The front clip assembly, which includes the fenders, hood, and bumper;
(B) The rear clip assembly, which includes the quarter panels and the floor panel assembly;
(C) The top, excluding a soft top;
(D) The frame; and
(E) A complete side, which includes the fender, door, and quarter panel
shall mail or deliver the certificate of title to the commissioner for cancellation.
(3) (A) Any insurance company which:
(i) Acquires title to a damaged motor vehicle by payment of a total loss claim; or
(ii) Pays a total loss claim for any vehicle which is retained by the insured, except where the damage does not require replacement of more than one major component part or involve structural damage affecting the safety of the vehicle,
shall mail or deliver the certificate of title to the commissioner for cancellation or issuance of a salvage certificate of title. If the insured retains possession of any vehicle for which a total loss claim is paid, the insurance company paying such total loss claim shall, prior to payment of such claim, inform the owner of the vehicle, in writing, of all title and registra tion obligations attendant to retaining such vehicle.
(B) For a vehicle for which a total loss claim was paid by reason of theft of the vehicle and for which either a salvage certificate of title was issued or for which the certificate of title was canceled, the commissioner shall issue a certificate of title upon submission of proof that the stolen vehicle was recovered with all vehicle identification numbers intact and the vehicle was neither stripped of major interior parts, including, but not limited to, seats, nor sustained functional or structural damage.
(4) Any security interest holder or lienholder having custody of the certificate of title shall, within ten days after receipt of notice from the commissioner that a total loss claim has been paid on the vehicle, mail or deliver the certificate of title to the commissioner for cancellation or for issuance of a salvage certificate of title. If, after 30 days the person who has custody of the certificate of title fails, refuses, or neglects to forward the certificate of title to the commissioner, the commissioner shall cancel the current certificate of title and issue a new certificate of title for such vehicle marked 'salvage,' provided that the validity of the security interest of the lienholder having custody of the certificate of title shall not be affected by the issuance of a salvage certificate of title."
Section 7. Said title is further amended by striking subsection (i) of Code Section 40-336, relating to cancellation of titles, and inserting in lieu thereof the following:
"(i) The registered owner who retains possession of a salvage motor vehicle to whom a total loss claim has been paid shall promptly remove the license plate from such vehicle and return such plate to the commissioner for cancellation. An insurer which pays a total loss claim shall, on a form prescribed by the commissioner, notify the owner of the duty to remove and return such license plate for cancellation and of all inspection requirements for rebuilding or restoring such vehicle."
Section 8. Said title is further amended by striking Code Section 40-3-37, relating to

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certificates of title for salvaged or rebuilt motor vehicles, in its entirety and inserting in lieu thereof the following:
"40-3-37. (a) As used in this Code section, the term 'application for a certificate of title on a salvaged or rebuilt motor vehicle' means;
(1) An application for a certificate of title for a motor vehicle for which a current Geor gia certificate of title is marked 'salvage' pursuant to subsection (e) of Code Section 40-3-36 and which has been repaired;
(2) An application for a certificate of title for a motor vehicle for which a current outof-state certificate of title is marked 'salvage,' 'rebuilt,' or 'restored,' or any similar such phrase. No clean certificate of title shall be issued for any such vehicle; only a certificate of title marked 'rebuilt' may be issued; or
(3) An application for a certificate of title for a motor vehicle for which a current Geor gia certificate of title is marked 'salvage' pursuant to subsection (e) of Code Section 40-3-36 and for which the transferee is anyone other than a licensed dealer as defined in Code Sec tion 43-48-2.
(b) (1) Upon receipt of an application for a certificate of title on a salvaged or rebuilt motor vehicle, the commissioner shall promptly conduct an initial inspection on each such motor vehicle prior to the issuance of a certificate of title for the motor vehicle. The initial inspection shall include, but shall not be limited to, verification of the vehicle identification number, verification of the bills of sale or title for the major components, verification that the word 'rebuilt' is permanently affixed as required by subsection (d) of this Code section, verification that the vehicle was rebuilt in the State of Georgia, and, if the vehicle has been repaired, verification that the motor vehicle conforms to all safety equipment standards re quired by law. The commissioner shall be authorized to charge a fee of $50.00 for each initial inspection of each motor vehicle inspected. In the event a third or subsequent reinspection is required for any one motor vehicle under this Code section, the commissioner shall be authorized to charge a fee of $50.00 for the third and each subsequent reinspection. The commissioner may conduct any such initial inspection and any required reinspections even though the motor vehicle may have been previously inspected under this Code section.
(2) If, upon inspection under paragraph (1) of this subsection, it is determined that the motor vehicle is not in full compliance with the law, the commissioner shall refuse to issue a certificate of title until compliance is reached.
(c) All applications submitted pursuant to this Code section shall be accompanied by one or more photographs of the motor vehicle in its wrecked salvaged condition before any repairs have been ma'de to such vehicle, which photographs shall be used by the commis sioner in his inspections of the vehicle pursuant to this Code section.
(d) (1) (A) Upon inspection under subsection (b) of this Code section, if it is deter mined that the motor vehicle has been restored to an operable condition by the replacement of two or more major component parts or if the floor pan of the motor vehicle has been completely cut at any point between the front and rear suspension, a certificate of title may be issued for such motor vehicle which shall contain the word 'rebuilt' on its face in such manner as the commissioner shall prescribe. This requirement will indicate to all subse quent owners of the motor vehicle that such is a rebuilt motor vehicle. If any such inspec tion determines that the motor vehicle shall require the replacement of two or more major component parts in order to restore the motor vehicle to an operable condition, a certificate of title may be issued for such motor vehicle which shall contain the word 'salvage' on its face in such manner as the commissioner shall prescribe. This requirement will indicate to all subsequent owners of the motor vehicle that such is a salvage motor vehicle.
(B) If it is determined that the motor vehicle required or shall require the replacement of two or more major component parts or the complete cutting of the vehicle's floor pan at any point between the front and rear suspension in order to restore the motor vehicle to an operable condition, the person, firm, or corporation restoring or owning such motor vehicle

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shall cause the word 'rebuilt' to be permanently affixed to said motor vehicle after inspec tion by the commissioner. The word 'rebuilt' shall be affixed in a clear and conspicuous manner to the door post or such other location as the commissioner may prescribe. The word 'rebuilt' shall be stamped on the motor vehicle or shall be stamped on a metal plate which shall be riveted to the motor vehicle or shall be permanently affixed to the motor vehicle in such manner as the commissioner may prescribe. The requirement of this subparagraph shall only apply to motor vehicles restored after November 1, 1982.
(2) Upon inspection by the commissioner and compliance with paragraph (2) of subsec tion (b) of this Code section, if it is determined that the motor vehicle does not require the replacement of two or more major components or has not had two or more major compo nents changed, a certificate of title may be issued.
(e) Any person, firm, or corporation who rebuilds or repairs a motor vehicle whose cur rent certificate of title is marked 'salvage' shall make application for and obtain a certificate of title as provided in this Code section prior to the sale or transfer of said motor vehicle.
(f) (1) Motorcycles shall be exempt from the salvage laws of this state.
(2) Motor vehicles which have been altered by the installation of a glider kit shall be issued a certificate of title containing the word 'rebuilt.'"
Section 9. Said title is further amended by adding a new subsection (c) at the end of Code Section 40-3-56, relating to satisfaction of security interests and liens on motor vehi cles, to read as follows:
"(c) Except for liens and security interests listed on certificates of title for mobile homes, cranes, or vehicles which weigh more than 10,000 pounds gross vehicle weight, which shall be satisfied only in conformity with subsections (a) and (b) of this Code section, any lien or security interest shall be considered satisfied and release shall not be required after ten years from the date of issuance of a title on which such lien or security interest is listed. None of the provisions of this Code section shall preclude the perfection of a new lien or security agreement, or the perfection of an extension of a lien or security agreement beyond a period of ten years, by application for a new certificate of title on which such lien or security agreement is listed. In order to provide for the continuous perfection of a lien or security interest originally entered into for a period of more than ten years for a vehicle other than a motor home, crane, or vehicle which weighs more than 10,000 pounds gross vehicle weight, an application for a second title on which the lien or security interest is listed must be submitted to the commissioner before ten years from the date of the original title on which such lien or security interest is listed. Otherwise the lien or security interest shall be perfected as of the date of receipt of the application by the commissioner."
Section 10. Said title is further amended by striking subsection (e) of Code Section 4011-2, relating to the duty of a person removing or storing an abandoned motor vehicle, in its entirety and inserting in lieu thereof the following:
"(e) If the owner, security interest holder, or lienholder fails to redeem such motor vehicle as described in subsection (d) of this Code section, or if a vehicle being repaired by a repair facility or being stored by an insurance company providing insurance to cover dam ages to the vehicle becomes abandoned, the person removing or storing such motor vehicle shall, within seven calendar days of the day such vehicle became an abandoned motor vehi cle, give notice in writing, by sworn statement, on the form prescribed by the commissioner, to the Department of Revenue with a researcfi fee of $2.00 payable to the Motor Vehicle Division of the Department of Revenue and to the Georgia Bureau of Investigation, stating the manufacturer's vehicle identification number, the license number, the fact that such vehicle is an abandoned motor vehicle, the model, year, and make of the vehicle, the date the vehicle became an abandoned motor vehicle, the date the vehicle was removed, and the present location of such vehicle and requesting the name and address of all owners, lessors, lessees, security interest holders, and lienholders of such vehicle. If the form submitted to the commissioner is rejected because of inaccurate or missing information, the person re moving or storing the vehicle shall resubmit, within seven calendar days of the date of the

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rejection, a corrected notice form to the commissioner together with an additional research fee of $2.00 payable to the Motor Vehicle Division of the Department of Revenue and to the Georgia Bureau of Investigation. Each subsequent corrected notice, if required, shall be sub mitted with an additional research fee of $2.00 payable to the Motor Vehicle Division of the Department of Revenue. If a person removing or storing the vehicle has knowledge of facts which reasonably indicate that the vehicle is registered or titled in a certain other state, he shall check the motor vehicle records of that other state in the attempt to ascertain the identity of the owner of the vehicle."
Section 11. Chapter 48 of Title 43 of the Official Code of Georgia Annotated, "The Used Motor Vehicle Dismantlers, Rebuilders, and Salvage Dealers Registration Act," is amended by striking Code Section 43-48-2, relating to definitions, in its entirety and inserting in lieu thereof the following:
"43-48-2. As used in this chapter, the term:
(1) 'Board' means the State Board of Registration for Used Motor Vehicle Dismantlers, Rebuilders, and Salvage Dealers.
(2) 'Dealer' means any person, partnership, firm, or corporation buying, selling, or using motor vehicle parts, either as a used motor vehicle parts dealer, a motor vehicle dismantler, a motor vehicle rebuilder, a salvage pool dealer, or a salvage dealer.
(3) 'Dismantler' means any person, partnership, firm, or corporation engaged in the business of acquiring wrecked, abandoned, or reparable motor vehicles and selling either the usable parts, the motor vehicle as a unit, or the hulk of the motor vehicle after the usable parts have been removed. For the purposes of this chapter, a person, partnership, firm, or corporation shall be presumed to be engaged in the business of auto dismantling if he or it possesses ten or more inoperative motor vehicles for more than 45 days unless such vehicles are scrap vehicles being held by a scrap metal processor for recycling scrap metal, vehicles being held by a repair business awaiting repairs, or vehicles being held for other reasons as may be prescribed by the board.
(4) 'Established place of business' means a salesroom or sales office in a building or an open lot at which a business of buying, bartering, trading, offering, displaying, selling, dis mantling, or rebuilding wrecked or used motor vehicles or parts is carried on or the place at which books and records required for the conduct of such business are kept.
(5) 'Licensee' means any person who is required to be licensed or who is actually li censed under this chapter.
(6) 'Major component part' means one of the subassemblies of a motor vehicle as de fined in paragraph (9) of Code Section 40-3-2.
(7) 'Motor vehicle' means every vehicle which is self-propelled except trackless trolleys (which are classified as streetcars), motorcycles, motor driven motordriven cycles, or gocarts.
(8) 'Part' means any used motor vehicle part that has been installed as standard or optional equipment on a motor vehicle, has been removed from the motor vehicle on which it was originally attached or affixed, and is the subject of sale or resale as a part and not as scrap.
(9) 'Person' means any individual, copartnership, firm, association, corporation, or com bination of individuals of whatever form or character.
(10) 'Rebuilder' means any person, partnership, firm, or corporation engaged in the bus iness of buying more than three used, salvage, or wrecked motor vehicles per year for the purpose of restoring or rebuilding them with used or new motor vehicle parts, or both, to be sold as motor vehicles.
(11) 'Salvage dealer' means any person, firm, or corporation who purchases a salvage vehicle or parts of a salvage vehicle for purposes of resale as parts only or as salvage.

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(12) 'Salvage pool' or 'salvage disposal sale' means a sale at auction or by private bid of wrecked or reparable motor vehicles, either at wholesale or retail, by insurance companies, underwriters, or dealers.
(13) 'Salvage vehicle' means any vehicle which cither:
(A) Has Which has been damaged, crushed, or otherwise reduced to such a state that its restoration would require the replacement of two or more major component parts;
(B) Has Which has been acquired by an insurance company as a result of the vehicle's being damaged to the extent that its restoration to an operable condition would require the replacement of two or more major component parts or for which the insurance company has paid a total loss claim, excluding recovered total theft vehicles which do not require the replacement of two or more major component parts for restoration; or ;
(C) Of which an insurance company has paid a total loss claim and which has not been repaired, regardless of the extent of damage to such vehicle or the number of major compo nent parts required to repair such vehicle or if the repair of the vehicle requires the replace ment of more than one major component part or requires repair to structural parts. The term 'salvage motor vehicle' shall not mean or include any stolen motor vehicle for which an insurance company paid a total loss claim and which was subsequently recovered completely undamaged or was recovered having sustained only cosmetic damage and which has the manufacturer's vehicle identification number plate intact or any vehicle for which an insur ance company paid a total loss claim but the damage does not require replacement of more than one major component part or involve structural damage that would affect the safety of the vehicle; of
(C) la (D) Which is an imported vehicle which has been damaged in shipment and disclaimed by the manufacturer as a result of the damage, has never been the subject of a retail sale to a consumer, and has never been issued a certificate of title.
(14) 'Scrap vehicle' means any vehicle which has been wrecked, destroyed, or damaged to the extent that it cannot be economically repaired, rebuilt, or made operable or roadworthy.
(15) 'Used motor vehicle' or 'used car' means any motor vehicle, as defined in this Code section, which has been the subject of a retail sale to a consumer.
(16) 'Vehicle' means every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, except devices moved by human power or used exclusively upon stationary wheels or tracks or overhead trolley wires."
Section 12. Chapter 10 of Title 48 of the Official Code of Georgia Annotated, relating to motor vehicle license fees and plates, is amended by striking Code Section 48-10-3, relating to registration and licensing of manufacturers and dealers, in its entirety and inserting in lieu thereof a new Code Section 48-10-3 to read as follows:
"48-10-3. (a) Manufacturers and dealers engaged in the manufacture or sale of motor vehicles, tractors, or trailers shall register with the commissioner and shall apply for a dis tinguishing dealer's number. The application shall specify the name and make of motor vehicle, tractor, or trailer manufactured or sold by the applicant and shall be made upon forms prepared by the commissioner. The applicant shall pay at the time of making applica tion a fee of $26^00 $62.00. For the fee, the commissioner shall furnish the applicant one number plate to expire December 31 of odd-numbered years, to be known as a dealer's number and to be distinguished from the number plates provided in this Code section by a different and distinguishing color to be determined by the commissioner. The dealer's num ber plate shall have the word 'Dealer' on its face and shall be used for the purpose of dem onstrating or transporting a manufacturer's or dealer's vehicles or trailers for sale. No dealer or manufacturer may use or permit to be used a dealer's number for private use or on cars for hire or for lease or in any other manner not provided in this Code section.
(b) In the event a dealer or manufacturer desires more than one number plate, he shall

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so state on the application and, in addition to the fee of $26.00 $62.00, shall pay a fee of $12.00 for each additional number plate furnished.
(c) Each person engaged in the business of transporting motor vehicles for others under the motor vehicle's own power shall be entitled to obtain license plates under this Code section, but the plates shall be used only on vehicles being transported.
(d) Each person engaged in the business of transporting mobile homes and house trail ers for others shall be entitled to obtain license plates under this Code section.
(e) This Code section shall not apply in any manner to farm tractors."
Section 13. Sections 2.1, 4 through 6, 8, and 11 shall become effective upon the Gover nor's approval; Sections 7, 9, and 10 shall become effective July 1, 1992; and Sections 1 through 3 and Section 12 shall become effective January 1, 1993.
Section 14. All laws and parts of laws in conflict with this Act are repealed.
Senator Taylor of the 12th offered the following amendment:
Amend the substitute to HB 494 offered by the Senate Committee on Transportation by striking in their entirety lines 25 through 33 on page 11 and lines 1 and 2 on page 12 and inserting in lieu thereof the following:
"(G) For pickup trucks only, these additional components:
(i) Bed assembly (complete bed, front, sides, and bottom; cargo box; slide back bed; stake body; or wrecker assembly); and
(ii) Back panel; cab corner assembly (quarter panels); top, side (fender door or cab corner).' "
By striking in their entirety lines 24 through 29 on page 15 and inserting in lieu thereof the following:
"(B) The rear clip assembly, which includes the quarter panels and the floor panel as sembly and the top, excluding a soft top;
(C) The frame; and
(D) A complete side, which includes the fender, door, and quarter panel".
By striking in their entirety lines 3 through 9 on page 18 and inserting in lieu thereof the following:
"(2) An application for a certificate of title for a motor vehicle for which a current outof-state certificate of title is marked 'salvage,' 'rebuilt,' or 'restored,' or any similar such phrase; or".
By striking in their entirety lines 21 through 31 on page 19 and inserting in lieu thereof the following:
"(d) (1) (A) Upon inspection under subsection (b) of this Code section, if it is deter mined that the motor vehicle has been restored to an operable condition by the replacement of two or more major component parts, a certificate of title may be issued for such motor vehicle which shall contain the word 'rebuilt' on its face in such manner as the commissioner shall prescribe."
By striking in their entirety lines 12 through 22 on page 20 and inserting in lieu thereof the following:
"(B) If it is determined that the motor vehicle required or shall require the replacement of two or more major component parts in order to restore the motor vehicle to an operable condition, the person, firm, or corporation restoring or owning such motor vehicle shall cause the word 'rebuilt' to be permanently affixed to said motor vehicle after inspection by the commissioner."

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On the adoption of the amendment offered by Senator Taylor of the 12th, the yeas were 32, nays 0, and the amendment was adopted.
Senator Taylor of the 12th offered the following amendment:
Amend the substitute to HB 494 offered by the Senate Committee on Transportation by adding in the title on line 9 of page 1 between the semicolon and the word "to" the following:
"to change the amount of transfer fees;".
By striking from lines 23 and 33 of page 5 the following: "$1.00",
and inserting in lieu thereof the following:
$5..00.".
By striking in their entirety lines 18 through 34 on page 12 and lines 1 through 6 on page 13 and inserting in lieu thereof the following:
"(C) For which an insurance company has paid a total loss claim and the vehicle haa not been repaired, regardless of the extent of damage to such vehicle or the number of major component parts required to repair such vehicle, but the repair of the vehicle will require the replacement of more than one major component part or will require repair of structural damage that would affect the safety of the vehicle. The vehicle owner must surrender the title of such vehicle to the commissioner for cancellation and obtain a salvage certificate of title for such vehicle. If an insurance company pays a total loss claim and the vehicle owner retains the damaged vehicle, the insurance company shall not release payment for such claim until the company secures possession of the title from the vehicle owner; provided, however, that, if a total loss claim is to be paid for a vehicle where the certificate of title for such vehicle is held by a lienholder or security interest holder, the insurance company may release payment to the vehicle owner and the lienholder or security".
By striking in their entirety lines 19 through 33 on page 13 and lines 1 through 3 on page 14 and inserting in lieu thereof the following:
"vehicle. The term 'salvage motor vehicle' shall not mean or include any stolen motor vehicle for which an insurance company paid a total loss claim and which waa subsequently recovered undamaged or damaged only to the extent that its restoration to an operable condition would not require the replacement of two or more major component parta and which has the manufacturer's vehicle identification number plate intact, or the following:
(i) Any stolen motor vehicle for which an insurance company paid a total loss claim and which was subsequently recovered with the manufacturer's vehicle identification number plate intact and!
(I) Was completely undamaged;
(II) Was not stripped of major interior parts, including, but not limited to, seats; or
(III) Had sustained only minor damage; or
(ii) Any vehicle for which an insurance company paid a total loss claim but the damage or repair does not require replacement of more'than one major component part or involve any structural damage that would affect the safety of the vehicle; of
(D) Which is an imported motor a vehicle".
By deleting from lines 2 and 9 on page 16 the word "insured" and inserting in lieu thereof the words "vehicle owner".

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By striking in their entirety lines 16 through 20 on page 16 and inserting in lieu thereof the following:
"(B) For a vehicle for which a total loss claim was paid by reason of theft of the vehicle, the commissioner shall issue a".
By striking from line 7 of page 27 the words "an imported" and inserting in lieu thereof the word "a".
On the adoption of the amendment offered by Senator Taylor of the 12th, the yeas were 35, nays 0, and the amendment was adopted.
Senator Henson of the 55th offered the following amendment:
Amend the substitute to HB 494 offered by the Senate Committee on Transportation by inserting between lines 21 and 22 of page 1 the following:
"amend Article 4 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to restoration of drivers' licenses, so as to restrict solicitations for driver improve ment clinics and DUI Alcohol or Drug Use Risk Reduction Programs; to provide for excep tions; to".
By inserting between lines 16 and 17 of page 22 the following:
"Section 9.1. Article 4 of Chapter 5 of Title 40 of the Official Code of Georgia Anno tated, relating to restoration of drivers' licenses, is amended by adding a new subsection (c) at the end of Code Section 40-5-81, relating to attendance at driver improvement clinics and DUI Alcohol or Drug Use Risk Reduction Programs, to read as follows:
'(c) It shall be unlawful for the owner, agent, servant, or employee of any driver im provement clinic or DUI Alcohol or Drug Use Risk Reduction Program licensed by the De partment of Public Safety or the Department of Human Resources to directly or indirectly solicit business by personal solicitation on public property, by phone or mail. A violation of this subsection shall be a misdemeanor. Advertising in any mass media, including, but not limited to, newspapers, radio, television, magazines, or telephone directories by a driver im provement clinic or DUI Alcohol or Drug Use Risk Reduction Program shall not be consid ered a violation of this subsection.' ".
On the adoption of the amendment offered by Senator Henson of the 55th, the yeas were 29, nays 0, and the amendment was adopted.
Senator Dawkins of the 45th offered the following amendment:
Amend the substitute to HB 494 offered by the Senate Committee on Transportation by striking Section 14 in its entirety and inserting in lieu thereof the following:
"It is the intent of the General Assembly that in the event of a conflict between the fee provisions of this Act and the fee provisions of HB 1145 of the 1992 General Assembly, the fee provisions of HB 1145 shall control over any fees contained in this Act."
On the adoption of the amendment offered by Senator Dawkins of the 45th, the yeas were 34, 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:

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Those voting in the affirmative were Senators:

Albert Baldwin Bishop Bowen Broun of 46th Brown of 26th Burton Clay Coleman Collins Dawkins Dean Echols Egan

English Gillis Hammill Harris Hasty Henson Huggins Johnson Marable Moye Newbill Perdue Perry Pollard

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

Those not voting were Senators:

Alien Deal (excused conferee) Edge Foster Garner (excused conferee)

Hill Hooks (excused conferee) Kidd Langford Phillips

Robinson Shumake Timmons Walker of 43rd (excused conferee)

On the passage of the bill, the yeas were 42, nays 0.

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

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

HB 2069. By Representative Padgett of the 86th:
A bill to amend an Act creating the board of commissioners of Richmond County, so as to change the composition of the board.

Senator Walker of the 22nd moved that the Senate adhere to its disagreement to the House amendment to HB 2069, and that a Conference Committee be appointed.

On the motion, the yeas were 30, nays 1; the motion prevailed, and the Senate adhered to its disagreement to the House amendment to HB 2069.

The President appointed as a Conference Committee on the part of the Senate the following:
Senators Walker of the 22nd, Albert of the 23rd and Pollard of the 24th.

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

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.
Senate Sponsor: Senator Gillis of the 20th.

The Senate Committee on Natural Resources offered the following amendment:

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Amend HB 1548 by striking on line 30 of page 2 the following:
"$25000",
and inserting in lieu thereof the following:
"$50.00 and not more than $1,000.00".
On the adoption of the amendment offered by the Senate Committee on Natural Re sources, the yeas were 35, nays 0, and the amendment was adopted.
Senator Edge of the 28th offered the following amendment:
Amend HB 1548 by striking on page 6 in Section 6 subsection (c) in its entirety and inserting in lieu thereof the following:
"(c) Any person violating the provisions of this Code Section is guilty of a misdemeanor of a high and aggravated nature, and, upon conviction, may be punished by a fine of not less than $500 and not to exceed $5,000.00, or by confinement for a term not to exceed 12 months or both. The court may order that restitution be paid to the department of not less than $1,500.00 for each bear or bear part which is the subject of a violation of this Code Section. Any equipment which is used or intended for use in a violation of this Code Sec tion, excluding motor vehicles, is declared to be contraband and is forfeited to the state. The hunting and fishing privileges of any person convicted of violating the provisions of this Code Section shall be suspended for three years."; and
Beginning on page 6 further amend HB 1548 by adding a new Section 7 and renumber ing the following sections accordingly:
"Section 7. 27-3-27. Unlawful use of bear bait. It is unlawful to use any type of bait to concentrate the bear population in any area or to lure them to any location which gives or might give a hunter an unnatural advantage when hunting bear.
Any person violating the provisions of this code section is guilty of a misdemeanor of a high and aggravated nature, and upon conviction, may be punished at a fine of not less than $500 and not to exceed $5000 or by confinement for a term not to exceed 12 months, or both."
On the adoption of the amendment offered by Senator Edge of the 28th, the yeas were 34, nays 0, and the amendment was adopted.
Senators Dean of the 31st, Hammill of the 3rd, Perry of the 7th and Echols of the 6th offered the following amendment:
Amend HB 1548 by adding following the word and symbol "night;" on line 21 of page 1 the following:
"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;".
By renumbering Section 8 as Section 9.
By adding between lines 6 and 7 of page 11 the following:
"Section 8. Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to official state symbols, is amended by inserting a new Code section to be designated as Code Section 50-3-66 to read as follows:
'Poss'5u0m-3.'-6"6. . Pogo 'Possum, created by Walt Kelly, is adopted as the official Georgia State
On the adoption of the amendment offered by Senators Dean of the 31st, Hammill of

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the 3rd, Perry of the 7th and Echols of the 6th, the yeas were 37, nays 0, and the amend ment 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:

Baldwin Bowen Broun of 46th Brown of 26th Burton Clay Coleman Collins JJean Echols Edge Egan English Foster Gillis

Hammill Harris Hasty Henson Huggins Johnson Kidd Marable Moye Newbill Perdue Perry 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 Albert.

Those not voting were Senators:

Alien
BishoP Dawkms Deal (excused conferee) Garner (excused conferee)

Hill Hooks (excused conferee)
Langford Phillips

Robinson
Shumake
Walker of 43rd (excused conferee)

On the passage of the bill, the yeas were 43, nays 1.

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

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.
Senate Sponsor: Senator Walker of the 22nd.

The Senate Committee on Health and Human Services offered the following amendment:

Amend HB 1847 by striking lines 11 through 13 of page 4 and inserting in lieu thereof the following:
"required by federal law shall be fully effective."

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On the adoption of the amendment offered by the Senate Committee on Health and Human Services, the yeas were 35, nays 0, and the amendment was adopted.
Senators Hammill of the 3rd, Echols of the 6th and Perry of the 7th offered the follow ing amendment:
Amend HB 1847 by striking lines 10 through 13 of page 2 and inserting the following: "provided that this chapter shall require fully accessible or adaptable units in only 6 2 percent of the total rental apartments,". By striking line 15 of page 2 and inserting the following: "chapter shall apply to only 5 percent of the total". By striking line 17 of page 2 and inserting the following: "is greater;; provided that this chapter shall". By striking line 3 of page 4 and inserting the following: "can maneuver about the space; and 50 percent of the fully accessible or adaptable units shall be equipped with a roll-in shower stall; or".
Senator Hammill of the 3rd asked unanimous consent to withdraw the amendment of fered by Senators Hammill of the 3rd, Echols of the 6th and Perry of the 7th to HB 1847; the consent was granted, and the amendment was withdrawn.
Senators Walker of the 22nd, Thompson of the 33rd and Henson of the 55th offered the following amendment:
Amend HB 1847 by striking lines 12 and 13 of page 2 and inserting the following: "accessible or adaptable units in only 6 2 percent of the total rental apartments,".
Senator Walker of the 22nd asked unanimous consent to withdraw the amendment of fered by Senators Walker of the 22nd, Thompson of the 33rd and Henson of the 55th to HB 1847; the consent was granted, and the amendment was withdrawn.
Senator Hammill of the 3rd offered the following amendment:
Amend HB 1847 by striking lines 12 through 13 of page 2 and inserting the following: "accessible or adaptable units in only 6 2 percent of the total rental apartments,". By striking line 15 of page 2 and inserting the following: "chapter shall apply to only 5 percent of the total". By striking line 17 of page 2 and inserting the following: "is greater^; provided that this chapter shall". By striking line 20 of page 2 and inserting the following: "or to residential condominiums. Fifty percent of the fully accessible or adaptable rental apartment units required by this paragraph shall be adaptable for a roll-in shower stall."
On the adoption of the amendment offered by Senator Hammill of the 3rd, the yeas were 38, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to as amended.

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

Those voting in the affirmative were Senators:

Albert 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 Huggins Johnson Kidd Marable Moye Newbill Perdue Pollard

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

Voting in the negative was Senator White.

Those not voting were Senators:

Alien

Langford

Garner (excused conferee) Perry

Hooks (excused conferee) Phillips

Shumake Walker of 43rd (excused conferee)

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

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

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

HB 213. By Representatives Irwin of the 57th and Oliver of the 53rd:
A bill to amend Code Section 37-3-122 of the Official Code of Georgia Annotated, relating to payment of expenses incurred in connection with mental health hear ings, so as to provide that if a judge or an attorney on staff of the probate court conducts a mental health hearing for an out-of-county patient, the county of resi dence of the patient shall reimburse the expenses of the county holding the hearing.

The House amendment to the Senate substitute to HB 213 was as follows:

Amend the Senate substitute to HB 213 by inserting on line 6 of page 1 between the words and symbol "costs;" and "to" the following:
"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 pro vide that physicians or licensed psychologists performing certain evaluations or examina tions shall receive compensation not to exceed $75.00;".
By inserting between lines 21 and 22 of page 2 the following:
"Section 4. Code Section 29-5-13 of the Official Code of Georgia Annotated, relating to

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compensation and expenses in hearings for guardians of incapacitated adults, is amended by striking subsection (c) of said Code section and inserting in lieu thereof the following:
'(c) For the evaluation or examination required by subsection (c) of Code Section 29-5-6 and subsection (d) of Code Section 29-5-8 or authorized by subdivision division (g)(2)(B)(iv) of Code Section 29-5-8, the physician or licensed psychologist shall receive an amount not to exceed $60.00 $75.00.' "
By renumbering Sections 4 and 5 as Sections 5 and 6.

Senator Henson of the 55th moved that the Senate agree to the House amendment to the Senate substitute to HB 213.

On the motion, 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 Deal Dean Echols Edge Egan

English Foster Gillis Hammill Harris Hasty Henson Hill Huggins Johnson Kidd Marable Moye Newbill

Perdue Perry Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Starr Tate Thompson Timmons Turner Tysinger

Voting in the negative was Senator White.

Those not voting were Senators:

Alien
Coleman Garner (excused conferee) Hooks (excused conferee) Langford

Phillips Pollard
Shumake Steinberg

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

On the motion, the yeas were 43, nays 1; the motion prevailed, and the Senate agreed to the House amendment to the Senate substitute to HB 213.

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

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 House amendment was as follows:

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Amend SB 644 as follows:
On line 26, page 1, strike "shall" and insert "may".
Senator Johnson of the 47th moved that the Senate disagree to the House amendment to SB 644.
On the motion, the yeas were 36, nays 0; the motion prevailed, and the Senate disagreed to the House amendment to SB 644.
The following bill of the House was taken up for the purpose of considering the House action thereon:

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.
Senator Deal of the 49th moved that the Senate insist upon the Senate substitute to HB 1812.
On the motion, the yeas were 33, nays 0; the motion prevailed, and the Senate insisted upon the Senate substitute to HB 1812.
The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage:

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.

Senate Sponsor: Senator Moye of the 34th.

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

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

Those voting in the affirmative were Senators:

Albert Baldwin Bishop Bowen Broun of 46th Brown of 26th BC,,,luaryton Coleman Collins
Dawkins
Dean
Echols
Edge
Egan

English Foster Hammill Harris Hasty Henson HTHTiulgl gm. s Johnson Marable
Moye
Newbill
Perry
Pollard
Ragan of 10th

Ragan of 32nd Ramsey Ray Robinson Scott Starr rlpat.e
,i*ylor Thompson Timmons Turner Tysinger Walker of 43rd White

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3145

Those not voting were Senators:

Alien Deal (excused conferee) Garner (excused conferee) Gillis

Hooks (excused conferee) Kidd Langford Perdue

Phillips Shumake Steinberg 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.

The following bill of the Senate was taken up for the purpose of considering the Confer ence Committee report thereon:

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.

The Conference Committee report on SB 488 was as follows:

The Committee of Conference on SB 488 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference substitute to SB 488 be adopted.
Respectfully submitted,

FOR THE SENATE:
/s/ Harrill Dawkins Senator, 45th District
/s/ Pete Robinson Senator, 16th District
/s/ Mark Taylor Senator, 12th District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Suzi Herbert Representative, 76th District
/s/ Thomas M. Kilgore Representative, 42nd District
/s/ S. DuBose Porter Representative, 119th District

Conference Committee substitute to SB 488:

A BILL
To be entitled an Act to amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to provide for a pay-for-performance program for rewarding group productivity; to provide for development and implementation of the program by the State Board of Education; to provide for proposals by local schools; to provide for evalua tion of proposals and granting of awards; to provide for budgetary proposals; to provide for a program of pay-for-performance awards, subject to certain conditions; to provide for defi nitions; to provide for exceptions; to provide for notice and a public hearing regarding a reorganization or consolidation plan; to provide a practice and procedure for filing opposi tion to a plan; to provide for mediation; to provide for reports; to provide a limit for fund ing; to provide for approval of certain projects; to provide that certain funds shall not be

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denied; to provide for procedures in cases of defeated bond referenda; 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. Title 20 of the Official Code of Georgia Annotated, relating to education, is amended by adding immediately after Code Section 20-2-213, a new Code Section 20-2213.1 to read as follows:
"20-2-213.1. (a) The State Board of Education is authorized and directed to devise and implement a pay-for-performance program for rewarding group productivity. By December 31, 1992, and each December 31 thereafter, the State Board of Education shall develop per formance criteria which shall be used to evaluate proposals submitted by local schools or systems for the determination of exemplary performance at the school site. Such criteria will relate to the overall educational performance of the school in areas related to student outcomes and achievement. Such criteria shall also reflect the six national goals for educa tion which have been adopted under Georgia 2000 and, to the extent feasible, socioeconomic or other demographic factors that may affect student achievement or other outcomes of education. Such criteria shall also reflect school level improvement on identified perform ance criteria, such as the numbers of remedial, SIA, and Chapter I students that achieved grade level performance.
(b) The state board shall create guidelines for the approval of local school proposals under this program and a system for weighing the various criteria in each school proposal according to school performance. The performance evaluation system shall be designed to determine the level of improvement achieved by the school based upon those criteria adopted and approved for the school proposal. Local schools which choose to apply for payfor-performance awards for group productivity shall submit proposals through the local board of education, which must approve the proposals, to the State Board of Education. Such proposals shall be submitted annually and shall identify which of the state-wide per formance criteria will be emphasized by the local school for the determination of award eligibility.
(c) The state board shall advise each local board of education as to whether the propo sal submitted by each school applicant meets the guidelines for approval and, consequently, whether the proposal as submitted is eligible for award consideration. Local schools shall be allowed to modify their initial proposals in order to meet guidelines.
(d) Local school boards shall be informed by the state board of whether or not each school proposal has been approved no later than May 1 of the school year preceding the one for which the proposal was created.
(e) The State Board of Education shall evaluate the performance of all schools submit ting proposals for a given school year during the summer following that school year, accord ing to the terms of the local school proposal as approved by the state board. The state board shall uniformly apply the criteria for weighing the proposals to the local school proposals, and those schools which are deemed eligible for an award shall be notified no later than September 1 of the school year after the one for which the performance judged exemplary occurred. The state board may appoint an advisory evaluation team from outside the De partment of Education to assist in the development and application of the criteria by which the proposals will be evaluated. Awards shall be made by the State Board of Education to each school through the local board for successful school projects no later than December 1 of the school year after the one for which the performance judged exemplary occurred. The amount of the awards shall be distributed through local systems to schools judged exem plary by the State Board of Education according to the number of successful school projects, the size of each school, and the level of funding provided by the General Assembly. The decision of the local school's certificated personnel, in accordance with a process for decision making specified by the State Board of Education, will determine how the awards are spent or distributed at the school site.

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(f) The state board shall specify guidelines to ensure the representation of all affected school level constituencies in the award distribution process. These guidelines will ensure that the proceeds in whole or in part may be given to faculty members in the form of bo nuses or may be spent for the purpose of providing faculty sabbaticals, for instructional or other equipment, for staff development, for distribution to other school staff in the form of bonuses, or for any other expenditure deemed appropriate by the local school's certificated personnel.
(g) The State Board of Education shall submit a proposal for funding this pay-forperformance program for rewarding group productivity each year with its budget request. Awards made under this program are subject to appropriation by the General Assembly."
Section 2. Said title is further amended by striking in its entirety subsection (b) of Code Section 20-2-260, relating to capital outlay funds, and inserting in lieu thereof the following:
"(b) As used in this Code section, the following words or terms shall have the following meanings:
(1) 'Addition' refers to square footage of room floor space for instructional or other purposes added to an existing educational facility, whether physically connected thereto or a separate structure located on the same site.
(2) 'Annual debt service' is defined as expenditures for the annual retirement of debt for capital outlay construction projects for educational facilities and shall include the inter est on the principal as well as the principal of the debt.
(3) 'Capital outlay' includes, but is not necessarily limited to, expenditures which result in the acquisition of fixed assets, existing buildings, improvements to sites, construction of buildings, construction of additions to buildings, retrofitting of existing buildings for energy conservation, and initial and additional equipment and furnishings for educational facilities.
(4) 'Construction project' refers to the construction of new buildings, additions or ex pansion of existing buildings, relocation of existing buildings or portions thereof, renovation or modernization of existing buildings or structures, and procedures and processes con nected thereto, related to educational facilities.
(5) 'Educational facilities' shall include buildings, fixtures, and equipment necessary for the effective and efficient operation of the program of public education required by this article, which, without limiting the generality of the foregoing, shall include classrooms, li braries, rooms and space for physical education, space for fine arts, restrooms, specialized laboratories, cafetoriums, media centers, building equipment, building fixtures, furnishings, related exterior facilities, landscaping and paving, and similar items which the State Board of Education may determine necessary. The following facilities are specifically excluded: swimming pools, tracks, stadiums, and other facilities or portions of facilities used primarily for athletic competition and the central and area administrative offices of local units of administration.
(6) 'Educational facilities survey' is defined as a systematic study of present educational facilities and a five-year forecast of future needs which shall include, but shall not be lim ited to, the needs set forth in subsection (j) of this Code section based on the instructional program and service requirements of this article.
(7) 'Entitlement' refers to the maximum portion of the total need that may be funded in a given year.
(8) 'Full-time equivalent student count' is defined as the average of the three two fulltime equivalent counts pursuant to Code Section 20-2-160 for a school year; provided, however, that the average daily membership shall be used in lieu of such full-time equivalent student counts for school years for which such counts are not available.
(9) 'Local funds' refers to funds available to local school systems from sources other than state and federal funds except any federal funds designed to replace local tax revenues.

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(10) 'Net equalized adjusted school property tax digest' is defined as the equalized ad justed school property tax digest furnished pursuant to Code Section 48-5-274, reduced in accordance with paragraphs (1) and (2) of subsection (a) of Code Section 20-2-164.
(11) 'Physical education facility" is defined as any facility which is designed for an in structional program in physical education and shall exclude any spectator stands, lobbies, public restrooms, concession areas, or space normally identified to serve only the interscholastic athletic program in which the school may participate.
(12) 'Renovation' or 'modernization' or both refers to construction projects which con sist of the initial installation or replacement of major building components such as lighting, heating, air-conditioning, plumbing, roofing, electrical, electronic, or flooring systems; millwork; cabinet work and fixed equipment; energy retrofit packages; or room-size modifi cations within an existing facility, but excluding routine maintenance and repair items or operations.
(13) 'Required local participation' is defined as the amount of funds which must be contributed by local school systems from local funds for each construction project.
(14) 'Unhoused students' is defined as those students who are not housed in school facilities which are structurally sound with adequate space as defined by the state board.
(15) 'Weighted full-time equivalent student count' is defined as the average of the three weighted full-time equivalent counts pursuant to paragraph (11) of subsection (a) of Code Section 20-2 166 weighted full-time equivalent count as defined in paragraph (3) of subsec tion (a) of Code Section 20-2-165."
Section 3. Said title is further amended in subsection (d) of said Code Section 20-2-260 by striking the word "and" after paragraph (7); by striking the period after paragraph (8) and inserting in lieu thereof "; and"; and by adding a new paragraph (9) to read as follows:
"(9) The Bryan County and Laurens County school systems shall be considered sparsity systems under Code Section 20-2-292 due to barriers which divide each of the systems for the purpose of capital outlay funding. The State Board of Education shall not apply base size criteria or require other criteria under Code Section 20-2-292 to Bryan County and Laurens County when qualifying requested construction projects under this Code section."
Section 4. Said title is further amended by adding immediately following subsection (k) of said Code Section 20-2-260 a new subsection (k.l) to read as follows:
"(k.l) Prior to a local board of education's submitting an advanced incentive funding request to the State Department of Education for State Board of Education approval under subsections (i) and (j) of this Code section, the local board of education shall conduct the following:
(1) The board of education must schedule and hold at least two public hearings and provide an opportunity for full discussion of the local board of education's consolidation or reorganization plan;
(2) The public hearings shall be advertised in the official newspaper and shall include, but shall not be limited to:
(A) Identification of each school to be closed and location of each new school;
(B) Proposed size of each new school in terms of number of students and grade configuration;
(C) Proposed renovations, modernization, retrofitting, or expansion of existing schools designed to accommodate consolidation;
(D) Total cost, including breakdown for state and local shares, and for school construc tion projects resulting from consolidation. Local costs shall include identifying proposed sources of funds, whether from bond referendum proceeds or other sources;
(E) Plans for use or disposal of closed school property;

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(F) The impact alternative options would have on the system's planned curriculum and programs;
(G) The options in the school size and organization study; and
(H) The financial impact of the options on all schools;
(3) The board of education shall request formal, written comments or suggestions re garding the system's organizational pattern or school sizes and shall allow appropriate dis cussion during the public hearings;
(4) Any registered voter may file with the local board of education a notice of intent to file a petition when the voter wishes to express opposition to a school system's local facilities plan as it pertains to consolidation of schools within that system. A petition with the signa ture of at least 25 percent of the qualified, registered voters within other systems' jurisdic tions must be filed with the board of education within 60 days after the notice of intent to file a petition has been received by the board. The signatures on the petition must be vali dated against the official list of registered voters;
(5) The local board of education and the petitioners shall meet to resolve differences. The petitioners shall select a delegation of no more than ten members, of whom six shall be parents of students in the affected schools. The chairman of the local board of education shall notify the petitioners of the date, time, and place for meeting to address their differ ences. The local board of education shall render a final decision on the petition within 60 days from the initial meeting to discuss differences; and
(6) An opposition report shall be filed by the board of education to report resolution of opposition before advanced incentive funds shall be awarded to that system."
Section 5. Said title is further amended by adding to said Code Section 20-2-260 new subsections (p), (q), and (r) to read as follows:
"(p) Any system which has not submitted a plan for consolidation or reorganization of schools to the State Board of Education by July 1, 1992, shall not be allowed to request state funds under subsections (i) and (j) of this Code section.
(q) Any construction project on an existing school facility which is less than base size as defined in subsections (b) and (c) of Code Section 20-2-291 and identified by the local board of education in the educational facility survey pursuant to subsections (c) and (d) of this Code section shall be approved by the State Board of Education. Construction projects identified by the local board which contain a projected FTE of more than 200 students in an elementary school, 400 students in a middle school, and 500 students in a high school, re gardless of grade configuration, shall be eligible to receive full capital outlay funding pursu ant to subsections (g), (h), and (i) of this Code section. Provided, however, that nothing contained in this subsection shall be construed so as to change or increase the amount of entitlement for which a system is eligible.
(r) Notwithstanding any other provisions of this Code section, when the board of educa tion of a local school system has called and held a bond election to incur bonded indebted ness to construct a school or schools for the purpose of high school consolidation within the school system and a majority of the voters voting in said bond election voted against incur ring such debt or a local board is under litigation to prevent a consolidation project under subsection (h) or (i) and (j) of this Code section, whether funds have been allocated or not, the procedures established in paragraph (5) of subsection (k.l) of this Code section shall be followed."
Section 6. Nothing contained in this Act shall affect any payment or allocation to any board of education of a local system as a result of bond proceeds authorized and sold under the provisions of House Bill 1262, Supplemental Appropriations Bill, passed on February 10, 1992, and payment shall be made to said boards of education as provided for in said House Bill 1262.

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Section 7. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 8. All laws and parts of laws in conflict with this Act are repealed.

Senator Dawkins of the 45th moved that the Senate adopt the Conference Committee report on SB 488.

On the motion, 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 BCluaryton Coleman Collins
Dawkins Dean Echols
Edge

English Foster Hammill Harris Hasty Hill HMuagragbinles Moye Newbill
Perdue Perry Pollard
Ragan of 10th

Ragan of 32nd Ramsey Ray Scott Starr Steinberg
**ylor Thompson Timmons Turner Tysinger Walker of 43rd White

Those not voting were Senators:

Alien Deal (excused conferee) Egan Garner (excused conferee) Gillis

Henson Hooks (excused conferee) Johnson (excused conferee) Kidd Langford

Phillips Robinson Shumake Tate Walker of 22nd

On the motion, the yeas were 41, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on SB 488.

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

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 House substitute to SB 523 was as follows:

A BILL
To be entitled an Act to amend Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources; so as to change a certain definition; to change the designation of a certain term throughout said title; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 12 of the Official Code of Georgia Annotated, relating to conservation

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and natural resources, is amended by striking in their entireties paragraphs (5) and (11) of Code Section 12-4-72, relating to definitions, and inserting in lieu thereof, respectively, the following:
"(6) (6) 'Mined Mining land use plan' means an operator's written proposal for accom plishing land use objectives on the affected land. The term stay shall include, but not be limited to, an operator's plans prior to, during, and following active mining for erosion and sedimentation control,~protection of properties on the National Register of Historic Places, grading, disposal of refuse, reclamation and revegetation, protection of property defined in paragraph (1) of subsection (a) of Code Section 48-5-7.3, and the time of completion of the plan."
"(11) 'Reclamation' means the reconditioning or rehabilitation of affected land under an approved mined mining land use plan."
and by redesignating paragraph (6) as paragraph (5).
Section 2. Said title is further amended by striking in its entirety subsection (a) of Code Section 12-4-73, relating to the powers and duties of the Environmental Protection Division of the Department of Natural Resources, and inserting in lieu thereof the following:
"(a) The division shall have the following powers and duties:
(1) To administer and enforce this part and all reasonable rules and regulations promulgated hereunder to issue such orders as may be necessary to enforce compliance therewith;
(2) To examine and pass upon permit applications of operator;
(3) To examine and pass upon surface mined mining land use plans submitted by operators;
(4) To make investigations and inspections;
(5) To revoke permits, deny renewals, and forfeit bonds or cash of mine operators who refuse to carry out their plans of mined mining land use;
(6) To collect information on surface mining and mined mining land use plans;
(7) To collect, publish, and distribute information on mined mining land uses;
(8) To accept moneys that are available from government units and private organizations;
(9) To conduct research studies of mined mining land uses;
(10) To carry out land use projects on land where bonds or cash have been forfeited, using funds available for such purposes;
(11) To institute and prosecute all such court actions as may be necessary to obtain the enforcement of any order issued by the division in carrying out this part;
(12) To exercise all incidental powers necessary to carry out the purposes of this part."
Section 3. Said title is further amended by striking in its entirety Code Section 12-4-75, relating to permits for surface mining operations and related matters, and inserting in lieu thereof the following:
"12-4-75. Operators of surface mining firms shall be required:
(1) To obtain from the director of the division a permit to conduct surface mining oper ations in the specified area to be mined prior to commencing the operation of same, pro vided that where a change in ownership of a mining operation occurs, the new owners may continue such operation on condition that a valid application, mined mining land use plan, and bond sufficient as to form and content for final approval are placed on file with the director within 60 days from date of consummation of the ownership change. In the event the new owners fail to place on file with the director the necessary documents for permitting within said 60 day period, all activities associated with removal of mineral or ores from the

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premises shall cease. It is further provided that a mining operator who continues to conduct a surface mining operation under a previous owner's permit in accordance with this para graph shall be subject to having said permit revoked in the same manner and under the same conditions as a mining operator conducting a surface mining operation under his own permit. The application for a permit shall be made on a form provided by the director. The permit shall be issued on evidence satisfactory to the director of compliance with this part and the rules and regulations promulgated pursuant hereto, and the permit shall be condi tioned upon the permittee's compliance with the approved mined mining land use plan;
(2) To submit, with the application for a permit, a mined mining land use plan which shall be consistent with the land use in the area of the mine and shall provide for reclama tion of the affected land. Once approved, the operator will be responsible for completion of the plan. However, any change affecting a new area or any other change in an approved plan must be submitted to the division for approval as an amendment to an operator's mined mining land use plan;
(3) To file a bond with the director within 60 days after the date of being furnished approved surety bond forms by the division; provided, however, that any mining operator who desires to be exempted from the bonding requirement shall request an exemption from such bonding requirement from the director, whereupon a mining operator may be ex empted from such bonding requirement at the discretion of the director. Any mining opera tor who has been granted an exemption from the bonding requirement and who subse quently violates any of the provisions of this part or the rules and regulations promulgated hereunder, or who defaults on his obligations under any mined mining land use plan, may be required by the director to post a bond in accordance with this paragraph. Any bond filed with the director shall be written by a surety approved by the director and authorized to transact business in this state. Such bond shall be fixed by the director in an amount not more than $2,500.00 per acre, or fraction thereof, of the area of affected land. Such bond shall further be payable to the Governor and conditioned upon the faithful performance of the requirements set forth in this part and the rules and regulations promulgated pursuant hereto. Mining operators shall have the option of posting bond, government securities, cash, or any combination thereof on each mined area. In determining the amount of bond, govern ment securities, or cash within the above limits, the director shall take into consideration the character and nature of the land reclamation requirements as approved in the operator's mined mining land use plan. For each permit, the director shall review and reevaluate at least every five years the site operation, objectives of the mined land use plan, and esti mated cost factors for completion of the plan and shall require adjustments to bonding amounts as may be necessary to ensure adequate funding for site reclamation. The bond, government securities, or cash shall be held by the division until the affected land or any portion thereof is satisfactorily reclaimed, in the opinion of the director, at which time the bond, government securities, or cash or portion thereof shall be terminated or returned to the mining operator, provided that where a mining operator fails or refuses to complete any of his responsibilities under a mined mining land use plan and the bond, government securi ties, or cash are consequently recovered upon or forfeited, the director may expend as he deems appropriate that portion of such recovered or forfeited funds as is necessary to com plete such mining operator's responsibilities under the mined mining land use plan. A min ing operator, upon approval of an amended mined mining land use plan, shall file with the director the appropriate bond, government securities, or cash to cover the plan as amended, unless otherwise exempted from the bonding requirement."
Section 4. Said title is further amended by striking in its entirety Code Section 12-4-77, relating to the renewal or replacement of certain revoked permits and related matters, and inserting in lieu thereof the following:
"12-4-77. An operator whose permit has been revoked pursuant to this part shall be denied a new permit or a renewal of the old permit to engage in surface mining until he gives assurance satisfactory to the director of the division of his ability and intent to comply fully with this part with respect to the affected land under the revoked permit and the new or renewed permit. Mining by a permitted operator on an unauthorized site while holding

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other valid surface mining permits shall constitute prima-facie evidence of violation of ap proved mined mining land use plans, and any and all surface mining permits which an oper ator may hoIH may be suspended or revoked by the director or his authorized representative."
Section 5. Said title is further amended by striking in its entirety subsection (b) of Code Section 12-4-83, relating to certain civil penalties, and inserting in lieu thereof the following:
"(b) Except as provided in subsection (c) of this Code section, whenever the director of the division has reason to believe that any mining operator has violated any provision of this part or any of the rules and regulations promulgated pursuant hereto, or has negligently or intentionally failed or refused to comply with any final order of the director, the director may request and shall receive a hearing before a hearing officer appointed by the Board of Natural Resources. Upon a finding that such mining operator has violated any provision of this part or any of the rules and regulations promulgated pursuant hereto, or has negligently or intentionally failed or refused to comply with a final order of the director, the hearing officer shall issue his initial decision imposing such civil penalties as are provided in this Code section. Such hearing and any judicial review thereof shall be conducted in accordance with subsection (c) of Code Section 12-2-2. All civil penalties recovered by the director shall be paid into the state treasury to the credit of the general fund; provided, however, that where civil penalties are recovered by the director from a mining operator for his failing or refusing to obtain a permit in accordance with Code Section 12-4-75 or for his failing or refusing to complete any of his responsibilities under a mined mining land use plan after having been issued a permit, the director may expend as he deems appropriate that portion of such recovered civil penalties as is necessary to provide for reclamation, reconditioning, or rehabilitation of the affected land not otherwise reclaimed, reconditioned, or rehabili tated by such mining operator."
Section 6. Said title is further amended by striking subsection (c) of Code Section 12-5376, relating to permits to construct and operate dams, and inserting in lieu thereof the following:
"(c) Notwithstanding subsection (a) of this Code section, no permit shall be required to be obtained by any person who constructs a dam, if the dam is constructed in connection with or incidental to 'surface mining' as defined in Part 3 of Article 2 of Chapter 4 of this title, but if the dam so constructed is classified by the director as a category I dam, the owner or operator shall, upon the completion of the mining activity in connection with which such dam was constructed, either drain and reclaim the impoundment formed by such dam pursuant to such person's mined mining land use plan approved by the director under Part 3 of Article 2 of Chapter 4 of this title, the 'Georgia Surface Mining Act of 1968,' or stabilize such impoundment as a lake pursuant to such mined mining land use plan. If the impoundment is reclaimed as a lake and the dam which created the impoundment re mains in place as a category I dam, then, before such lake is deemed acceptable reclamation and the miner is released from his obligations under Part 3 of Article 2 of Chapter 4 of this title the miner must obtain a permit for such dam as provided by this part."
Section 7. All laws and parts of laws in conflict with this Act are repealed.
Senator Gillis of the 20th moved that the Senate agree to the House substitute by the following amendment:
Amend the House substitute to SB 523 by striking on line 21, page 1, after the word "revegetation,"
"protection of property defined in paragraph (1) of subsection (a) of Code Section 48-57.3,".
On the motion, a roll call was taken, and the vote was as follows:
Those voting in the affirmative were Senators:

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Albert Baldwin Bishop Bowen Broun of 46th Brown of 26th BCluaryton
CCoollleimnsan Dawkins Deal Dean Echols Edge Egan

English Foster Gillis Hammill Harris Hasty HHielnl son
HKuidgdgins Marable Moye Newbill Perdue Perry Pollard

Ragan of 10th Ragan of 32nd Ramsey Ray Scott Starr Scteinb, erg
Th*ompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White

Those not voting were Senators:

Alien

Johnson (excused conferee)

Garner (excused conferee) Langford

Hooks (excused conferee) Phillips

Robinson Shumake Taylor

On the motion, the yeas were 47, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 523 as amended by 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 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.
Senate Sponsor: Senator Ramsey of the 54th.

Senator Deal of the 49th offered the following amendment:

Amend HB 1609 by striking in their entirety lines 9 through 12 on page 1 and inserting in lieu thereof the following:
"regulations for individual sewage management systems; to repeal conflicting laws; and".
By striking in their entirety lines 25 through 33 on page 3 and lines 1 and 2 on page 4 and inserting in lieu thereof the following:
"(c) The regulations of a county board of health adopted pursuant to the authority of subsection (a) of this Code section shall control over any conflicting or inconsistent rules or regulations of the Department of Human Resources adopted pursuant to Chapter 2 of this title or pursuant to any other law. To the extent that the provisions of this Code section are inconsistent or in conflict with the provisions of Chapter 2 of this title or any other law, the provisions of this Code section shall control over such inconsistent or conflicting laws.' "

On the adoption of the amendment offered by Senator Deal of the 49th, the yeas were 37, nays 0, and the amendment was adopted.

Senators Bowen of the 13th and Perry of the 7th offered the following amendment:

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Amend HB 1609 by adding in the title on line 7 of page 1 between the semicolon and the word "to" the following:
"to construe certain provisions relating to powers of county boards of health;".
By adding between lines 7 and 8 on page 2 the following:
"Section 1.1. Said title is further amended by designating the current provisions of Code Section 31-3-4, relating to powers of county boards of health, as subsection (a) and adding at the end of said Code section a new subsection (b) to read as follows:
'(b) Notwithstanding the provisions contained in subsection (a) of this Code section and Code Section 31-3-5, nothing contained in this Code section or Code Section 31-3-5 shall be construed to empower a county board of health to adopt any rules or regulations or provi sions to enforce any rules or regulations pertaining to matters provided for or otherwise regulated pursuant to the provisions of Part 1 of Article 2 of Chapter 8 of Title 12, the "Georgia Comprehensive Solid Waste Management Act," as now or hereafter amended, or the rules and regulations promulgated pursuant to such Act.'"
On the adoption of the amendment offered by Senators Bowen of the 13th and Perry of the 7th, the yeas were 38, nays 0, and the amendment was adopted.
Senator Edge of the 28th offered the following amendment:
Amend HB 1609 by adding in the title at the end of line 4 of page 1 the following:
"to define a certain term;".
By deleting the quotation marks at the end of line 7 of page 2 and adding the following at the end of said line:
"As used in this Code section, the term 'individual sewage management system' shall mean a self-contained, on-site sewage treatment plant designed to serve no more than one residence and approved for such use by the director of the Environmental Protection Divi sion of the Department of Natural Resources.' "
On the adoption of the amendment offered by Senator Edge of the 28th, the yeas were 38, nays 0, and the amendment was adopted.
Senator Ramsey of the 54th offered the following amendment:
Amend HB 1609 by adding on line 9 of page 1 between the semicolon and the word "to" the following:
"to change certain provisions relative to rules and regulations of county boards of health which conflict with rules of the Department of Human Resources;".
By striking in their entirety lines 25 through 33 on page 3 and lines 1 and 2 on page 4 and inserting in lieu thereof the following:
"(c) The regulations of a county board of health adopted pursuant to the authority of paragraphs (1) through (5) of subsection (a) of this Code section shall control over any conflicting or inconsistent rules or regulations of the Department of Human Resources adopted pursuant to Chapter 2 of this title or pursuant to any other law. To the extent that the provisions of this Code section are inconsistent or in conflict with the provisions of Chapter 2 of this title or any other law, the provisions of this Code acction shall control over auch inconsistent of conflicting laws.' "
Senator Ramsey of the 54th asked unanimous consent to withdraw his amendment; the consent was granted and the amendment was withdrawn.

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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 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 Marable Moye Newbill Perdue Perry Ragan of 10th

Ragan of 32nd Ramsey Ray Robinson Scott Starr Tate Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White

Those voting in the negative were Senators:

Albert

Kidd

Pollard

Those not voting were Senators:

Alien Bishop Garner (excused conferee) Hooks (excused conferee)

Johnson (excused conferee) Langford Phillips

Shumake Steinberg Taylor

On the passage of the bill, the yeas were 43, nays 3.

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

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.
Senate Sponsor: Senator Robinson of the 16th.

The Senate Committee on Special Judiciary offered the following substitute to HB 1474:

A BILL
To be entitled an Act to amend Article 1 of Chapter 8 of Title 16 of the Official Code of Georgia Annotated, relating to criminal offenses involving theft, so as to create the criminal offense of fraudulent receipt of rental property; to provide that such offense shall consist of obtaining the receipt of any personal property under a rental or lease agreement through any of several enumerated false statements or fraudulent acts; to provide that an intention to deprive the owner of the property shall not be an element of the offense; to provide that the return of the property to the owner shall not constitute a defense; to provide for felony

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3157

and misdemeanor grades of such offense and for the punishment thereof; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 1 of Chapter 8 of Title 16 of the Official Code of Georgia Annotated, relating to criminal offenses involving theft, is amended by adding, immediately after Code Section 16-8-3, a new Code Section 16-8-3.1 to read as follows:
"16-8-3.1. (a) A person commits the offense of fraudulent receipt of rental property when the person obtains the possession of any personal property under a rental or lease agreement and as a part of such transaction such person induces the rentor or lessor to enter into such agreement, in whole or in part, through:
(1) A misrepresentation of the person's identity;
(2) A misrepresentation of the person's status as an employee of a business for which the property is purportedly obtained;
(3) The giving of a false name;
(4) The giving of a false address;
(5) The giving of a false telephone number;
(6) The giving of a false motor vehicle license plate number;
(7) The giving of a false driver's license number; or
(8) The presentation of a false identification document.
(b) An intention to deprive the owner of the property is not an element of the offense provided for in this Code section; and the return of the property to the owner subsequent to the issuance of a warrant by the renter or lessor against such person shall not constitute a defense against a prosecution under this Code section.
(c) A person who commits the offense of fraudulent receipt of rental property shall, as provided in Code Section 16-8-12, be guilty of a felony and punished as provided in para graph (1) of subsection (a) of Code Section 16-8-12 if the value of the property obtained exceeds $500.00. Otherwise, if the value of the property is $500.00 or less, such person shall be guilty of a misdemeanor."
Section 2. This Act shall become effective on July 1, 1992, and shall apply with respect to transactions occurring on or after that date.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 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 Baldwin Bishop Bowen Broun of 46th Brown of 26th Burton

Clay Coleman Collins Dawkins Dean Echols Edge

Egan English Foster Gillis Hammill Harris Hasty

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Henson Hill Huggins Kidd Marable Moye Newbill Perdue
Perry

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

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

Those not voting were Senators:

Alien

Hooks (excused conferee)

Deal (excused conferee) Johnson (excused conferee)

Garner (excused conferee) Langford

Phillips Shumake Steinberg

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 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.
Senate Sponsor: Senator Harris of the 27th.

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

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

Those voting in the affirmative were Senators:

Albert Baldwin Bishop Broun of 46th Brown of 26th Burton Clay Coleman Collins Dawkins Dean Echols Edge Egan

Foster Gillis Harris Hasty Hill Huggins Marable Moye Newbill Perdue Phillips Pollard Ragan of 10th

Ragan of 32nd Ramsey Ray Robinson Scott Steinberg Tate Taylor Timmons Turner Tysinger Walker of 22nd White

Voting in the negative was Senator Henson.

Those not voting were Senators:

Alien Bowen Deal (excused conferee)

English Garner (excused conferee) Hammill

Hooks (excused conferee) Johnson (excused conferee) Kidd

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3159

Langford Perry
Shumake

Starr Thompson

Walker of 43rd (excused conferee)

On the passage of the bill, the yeas were 40, nays 1.

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

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.
Senate Sponsor: Senator Ramsey of the 54th.

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 1212 (Substitute) (LC 20 1227S) Stone Mountain Memorial Association: Taxes for Lodging

The Bill authorizes the levying of an excise tax on any room or rooms, lodgings, or accommodations provided by the Stone Mountain Memorial Association for public use. The Bill requires the tax to be collected by the Association and remitted to the county responsi ble for taxation, DeKalb County. The funds must be expended only for developing, promot ing and advertising the lodges or cabins at Stone Mountain Park or for promoting, advertis ing and developing conventions and tourism in DeKalb County as long as the promotion prominently features facilities operated by the Stone Mountain Memorial Association.

There is no current fiscal impact to the state as a result of this Bill. However, the Stone Mountain Memorial Association would be precluded from levying such an excise tax in the future in a manner similar to the Jekyll Island State Park Authority. This Bill would pro vide DeKalb County the benefit from the revenue collected, at the expense of Stone Moun tain, because the park is in DeKalb County taxing jurisdiction. In calendar year 1991, the Stone Mountain Memorial Association collected approximately $6 million on room rents for the Evergreen Convention Center and the Stone Mountain Inn. If the tax had been col lected in calendar year 1991, DeKalb County would have realized additional revenue of $305,095.

/s/ G. W. Hogan State Auditor

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

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The Senate Committee on Finance and Public Utilities offered the following substitute to HB 1212:
A BILL
To be entitled an Act to amend Article 3 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to county and municipal excise tax levies on charges to the public for rooms, lodgings, and accommodations, so as to provide authorization with certain conditions for certain counties and municipalities to levy such tax; to provide for require ments and limitations with respect thereto; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 3 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to county and municipal excise tax levies on charges to the public for rooms, lodg ings, and accommodations, is amended by striking paragraphs (1) and (2) of subsection (a) of Code Section 48-13-51, relating to the levy and collection of certain excise taxes, and inserting in their place new paragraphs (1) and (2) to read as follows:
"(1) The governing authority of each municipality in this state may levy and collect an excise tax upon the furnishing for value to the public of any room or rooms, lodgings, or accommodations furnished by any person or legal entity licensed by, or required to pay business or occupation taxes to, the municipality for operating a hotel, motel, inn, lodge, tourist camp, tourist cabin, or any other place in which rooms, lodgings, or accommodations are regularly furnished for value. Within the territorial limits of the special district located within the county, each county in this state may levy and collect an excise tax upon the furnishing for value to the public of any room or rooms, lodgings, or accommodations fur nished by any person or legal entity licensed by, or required to pay business or occupation taxes to, the county for operating within the special district a hotel, motel, inn, lodge, tour ist camp, tourist cabin, or any other place in which rooms, lodgings, or accommodations are regularly furnished for value. No tax shall be levied as provided in this Code section upon the fees or charges for any rooms, lodgings, or accommodations furnished for a period of more than ten consecutive days or for use as meeting rooms. No tax shall be levied as pro vided in this Code section upon the fees or charges for any rooms, lodgings, or accommoda tions furnished for a period of one or more days for use by Georgia state or local government officials or employees when traveling on official business. Except as provided in paragraphs (3), (3.1), (4), (4.1), (5), and (5.1) of this subsection, no tax levied pursuant to this Code section shall be levied or collected at a rate exceeding 3 percent of the charge to the public for the furnishings.
(2) A county or municipality levying a tax as provided in paragraph (1) of this subsec tion shall in each fiscal year beginning on or after July 1, 1987, expend for the purpose of promoting tourism, conventions, and trade shows a percentage of the total taxes collected under this Code section which is not less than the percentage of such tax collections ex pended for such purposes during the immediately preceding fiscal year. In addition, if dur ing such immediately preceding fiscal year any portion of such tax receipts was expended for such purposes through a grant to or a contract or contracts with the state, a department of state government, a state authority, or a private sector nonprofit organization, then in each fiscal year beginning on or after July 1, 1987, at least the same percentage shall be expended through a contract or contracts with one or more such entities for the purpose of promoting tourism, conventions, and trade shows. The expenditure requirements of this paragraph shall cease to apply to a county or municipality which levies a tax at a rate in excess of 3 percent, as authorized under paragraphs (3), (3.1), (4), (4.1), (5), and (5.1) of this subsection; and in such case the expenditure requirements of such paragraph (8) or (4) or (4.1) or (6) or (6.1) of this subsection pursuant to which such tax is levied shall apply instead."

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Section 2. Said article is further amended by adding a new paragraph immediately fol lowing paragraph (3) of subsection (a) of Code Section 48-13-51, relating to the levy and collection of certain excise taxes, to be designated paragraph (3.1), to read as follows:
"(3.1) Notwithstanding any other provision of this subsection, a county (within the ter ritorial limits of the special district located within the county) and the municipalities within a county in which a trade and convention center authority has been created by intergovern mental contract between a county and one or more municipalities located therein, and which trade and convention center authority is in existence on or before March 21, 1988, and which trade and convention center authority has not constructed or operated any facil ity before March 21, 1988, may levy a tax under this Code section at a rate of 6 percent. A county or municipality levying a tax pursuant to this paragraph shall expend (in each fiscal year during which the tax is collected under this paragraph (3.1)) an amount equal to at least 62 Vi percent of the total taxes collected at the rate of 6 percent for the purpose of: (A) promoting tourism, conventions, and trade shows; (B) funding, supporting, acquiring, con structing, renovating, improving, and equipping buildings, structures, and facilities, includ ing, but not limited to, a trade and convention center, exhibit hall, conference center, per forming arts center, accommodations facilities including food service, or any combination thereof, for convention, trade show, athletic, musical, theatrical, cultural, civic, and perform ing arts purposes and other events and activities for similar and related purposes, acquiring the necessary property therefor, both real and personal, and funding all expenses incident thereto, and supporting, maintaining, and promoting such facilities owned, operated, or leased by or to the local trade and convention center authority; or (C) for some combination of such purposes; provided, however, that at least 50 percent of the total taxes collected at the rate of 6 percent shall be expended for the purposes specified in subparagraph (B) of this paragraph (3.1). Amounts so expended shall be expended only through a contract or contracts with the state, a department of state government, a state authority, a convention and visitors bureau authority created by local Act of the General Assembly for a municipal ity, a local building authority created by local constitutional amendment, and a trade and convention center authority created by intergovernmental contract between a county and one or more municipalities located therein, or a private sector nonprofit organization or through a contract or contracts with some combination of such entities. The aggregate amount of all excise taxes imposed under this paragraph (3.1) and all sales and use taxes, and other taxes imposed by a county or municipality, or both, shall not exceed 13 percent. Any tax levied pursuant to this paragraph (3.1) shall terminate not later than December 31, 2029, provided that during any period during which there remains outstanding any obliga tion issued to fund a facility as contemplated by this paragraph (3.1), secured in whole or in part by a pledge of a tax authorized under this Code section, the powers of the counties and municipalities to impose and distribute the tax imposed by this paragraph (3.1) shall not be diminished or impaired by the state and no county or municipality levying the tax imposed by this paragraph (3.1) shall cease to levy the tax in any manner that will impair the inter ests and rights of the holder of any such obligation. This proviso shall be for the benefit of the holder of any such obligation and, upon the issuance of any such obligation by a build ing authority created by local constitutional amendment, shall constitute a contract with the holder of such obligation. Notwithstanding any other provision of this Code section to the contrary, as used in this paragraph (3.1), the term: 'fund' or 'funding' shall include the cost and expense of all things deemed necessary by a building authority created by local consti tutional amendment for the construction and operation of a facility or facilities including but not limited to the study, operation, marketing, acquisition, construction, financing, in cluding the payment of principal and interest on any obligation of the building authority created by local constitutional amendment and any obligation of the building authority cre ated by local constitutional amendment to refund any prior obligation of the building au thority created by local constitutional amendment, development, extension, enlargement, or improvement of land, waters, property, streets, highways, buildings, structures, equipment, or facilities and the repayment of any obligation incurred by an authority in connection therewith; 'obligation' shall include bonds, notes, or any instrument creating an obligation to pay or reserve moneys and having an initial term of not more than 37 years; and 'facility'

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or 'facilities' shall mean any of the buildings, structures, and facilities described in subparagraph (B) of this paragraph (3.1) and any associated parking areas or improvements origi nally owned or operated incident to the ownership or operation of such facility used for any purpose or purposes specified in subparagraph (B) of this paragraph (3.1) by a building authority created by local constitutional amendment."
Section 3. Said article is further amended by striking paragraph (6) of subsection (a) of Code Section 48-13-51, relating to the levy and collection of certain excise taxes, and in serting in its place a new paragraph (6) to read as follows:
"(6) At no time shall a county or municipality levy a tax under more than one para graph of this subsection. Following the termination of a tax under paragraph (3.1), (4.1), (5), or (5.1) of this subsection, any county or municipality which has levied a tax pursuant to paragraph (3.1), (4.1), (5), or (5.1) of this subsection shall be authorized to levy a tax in the manner and at the rate authorized by either paragraph (1), paragraph (3), or paragraph (4) of this subsection but shall not thereafter be authorized to again levy a tax under paragraph (3.1), (4.1), (5), or (5.1) of this subsection."
Section 4. Said article is further amended by striking paragraphs (9) and (10) of subsec tion (a) of Code Section 48-13-51, relating to the levy and collection of certain excise taxes, and inserting in their place new paragraphs (9) and (10) to read as follows:
"(9) (A) A county or municipality imposing a tax under paragraph (1), (2), (3), (3.1), (4), (4.1), (5), or (5.1) of this subsection shall prior to the imposition of the tax (if the tax is imposed on or after July 1, 1990) and prior to each fiscal year thereafter in which the tax is imposed adopt a budget plan specifying how the expenditure requirements of this Code section will be met. Prior to the adoption of such budget plan, the county or municipality shall obtain from the authorized entity with which it proposes to contract to meet the ex penditure requirements of this Code section a budget for expenditures to be made by such organization; and such budget shall be made a part of the county or municipal budget plan.
(B) The determination as to whether a county or municipality has complied with the expenditure requirements of paragraph (2), (3), (3.1), (4), (4.1), (5), or (5.1) of this subsec tion shall be made for each fiscal year beginning on or after July 1, 1987, as of the end of each fiscal year, shall be prominently reflected in the audit required under Code Section 3681-7, and shall be determined by: (A) calculating the amount of funds expended or contrac tually committed for expenditure as provided in paragraph (2), (3), (3.1), (4), (4.1), (5), or (5.1) of this subsection, whichever is applicable, during the fiscal year; and (B) expressing such amount as a percentage of tax receipts under this Code section during such fiscal year. A county or municipality contractually expending funds to meet the expenditure require ments of paragraph (2), (3), (3.1), (4), (4.1), (5), or (5.1) of this subsection shall require the contracting party to provide audit verification that the contracting party makes use of such funds in conformity with the requirements of this subsection.
(10) Nothing in this article shall be construed to limit the power of a county or munici pality to expend more than the required amounts, or all, of the total taxes collected under this Code section for the purposes described in paragraph (2), (3), (3.1), (4), (4.1), (5), or (5.1) of this subsection."
Section 5. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 6. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 33, nays 1, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

MONDAY, MARCH 30, 1992

3163

Those voting in the affirmative were Senators:

Baldwin Bishop Bowen Broun of 46th Brown of 26th Burton Clay Coleman Dawkins Dean Echols Edge English Foster Gillis Hammill

Harris Hasty Henson Hill Huggins 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 voting were Senators:

Albert Alien Collins Deal (excused conferee)

Egan

Johnson (excused conferee)

Garner (excused conferee) Langford

Hooks (excused conferee) Shumake

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

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

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.
Senate Sponsor: Senator Robinson of the 16th.

The Senate Committee on Special Judiciary offered the following amendment:

Amend HB 1238 by adding on line 19 of page 1 between the words "answer" and "ca veat" the following:

On the adoption of the amendment offered by the Senate Committee on Special Judici ary, the yeas were 36, nays 1, and the amendment was adopted.
Senators Hammill of the 3rd and Deal of the 49th offered the following amendment:
Amend HB 1238 by inserting on line 7 of page 1 between the words and symbol "de fault;" and "to" the following:
"to provide for medical insurance in cases of certain guardianships;".

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By inserting between lines 8 and 9 of page 2 the following:
"Section 2. Code Section 29-4-4.1, relating to appointment of temporary guardians, is amended by adding a new subsection to read as follows:
'(d) If a temporary guardian appointed pursuant to this Code section assumes in writing the obligation to support the minor while the guardianship is in effect to the extent that no other sources of support are available, then for purposes of obtaining medical insurance coverage for the ward, such temporary guardianship shall be deemed to be a permanent guardianship.' "
By renumbering Section 2 as Section 3.

On the adoption of the amendment offered by Senators Hammill of the 3rd and Deal of the 49th, the yeas were 34, nays 0, and the amendment was adopted.

The report of the committee, which was favorable to the passage of the bill as amended, was agreed to 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 Brown of 26th Burton Clay Coleman Collins Dawkins Dean Echols Edge Egan English

Foster Gillis Hammill
Harris Hasty Henson Hill Huggins 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 22nd Walker of 43rd White

Those not voting were Senators:

Alien

Hooks (excused conferee)

Deal (excused conferee) Johnson (excused conferee)

Garner (excused conferee) Langford

Scott Shumake

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

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

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.
Senate Sponsor: Senator Scott of the 36th.

MONDAY, MARCH 30, 1992

3165

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

On 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 Dean Echols Edge Egan English Foster

Hammill Harris Hasty Henson Hill Hooks Huggins Kidd Marable Newbill Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd

Ramsey Ray Robinson Scott Starr Steinberg Ti naLtpC
Taylor Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White

Those not voting were Senators:

Alien Dawkins Deal (excused conferee)

Garner (excused conferee) Langford

Gillis

Moye

Johnson (excused conferee) Shumake

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

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

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

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.

The House amendment was as follows:

Amend the Senate amendment to HB 1225 by inserting between lines 5 and 6 of page 1 of the amendment the following:
"By inserting on line 8 of page 1 between the word and symbol 'present;' and 'to' the following:
'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, and grain warehouseman shall pay an annual license fee in an amount not to exceed $1,500.00;' ".

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By inserting on line 19 of page 1 of the Senate amendment the following:
"By inserting between lines 26 and 27 of page 2 the following:
'Section 2.5. Chapter 1 of Title 2 of the Official Code of Georgia Annotated, relating to agriculture in general, is amended by adding at the end thereof a new Code Section 2-1-5 to read as follows:
"2-1-5. An individual conducting business as a grain dealer, commercial feed dealer, and grain warehouseman shall pay an annual license fee in an amount not to exceed $1,500.00" ' "

Senator English of the 21st moved that the Senate agree to the House amendment to the Senate amendment to HB 1225.

On the motion, 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 BCoulretomnan
DEcehaonls Egan English Foster Gillis Hammill

Harris Hasty Henson Hill Hooks HKuidgdgins
MMoayraeble Perdue Perry Phillips Pollard Ragan of 10th

Ramsey Ray Robinson S cott Starr Sbtteeminbbeerrge
T*ay,lor Timmons Turner Tysinger Walker of 22nd Walker of 43rd

Those voting in the negative were Senators:

Albert Clay Collins

Edge Newbill Ragan of 32nd

Thompson White

Those not voting were Senators:

Alien Dawkins Deal (excused conferee)

Garner (excused conferee) Johnson (excused conferee)

Langford Shumake

On the motion, the yeas were 41, nays 8; the motion prevailed, and the Senate agreed to the House amendment to the Senate amendment to HB 1225.

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

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.
Senate Sponsor: Senator Dean of the 31st.

MONDAY, MARCH 30, 1992

3167

The Senate Committee on Ethics offered the following amendment:

Amend HB 1311 by inserting on line 19 of page 3 before the word "transportation" the following:
"authorized".

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 Bishop Bowen Broun of 46th Brown of 26th Burton Clay Coleman Collins Dawkins Dean Echols Edge English

Foster Gillis Hammill Harris Hasty Henson Hill Huggins Kidd Marable Moye Newbill Perdue Perry Phillips

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

Those not voting were Senators:

Alien Deal (excused conferee) Egan Garner (excused conferee)

Hooks Johnson (excused conferee) Langford Ragan of 32nd

Shumake Steinberg Walker of 43rd (excused conferee)

On the passage of the bill, the yeas were 45, nays 0.

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

HB 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.
Senate Sponsor: Senator Kidd of the 25th.

The Senate Committee on Governmental Operations offered the following substitute to HB 1372:

A BILL
To be entitled an Act 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; to provide

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that certain persons shall not be eligible to serve as certain poll officers or certain superin tendents; to provide an exception; to change certain provisions regarding contents of affida vits which must accompany certain notices of candidacy; to provide for the withdrawal of certain candidates; to change certain provisions relating to the time when certain notices of candidacy shall be filed; to change certain provisions relating to qualification of certain can didates for party nomination in a primary; to change certain provisions relating to the issu ance of certain voter registration cards; to change certain provisions relating to the cancella tion of certain absentee ballots; to provide for fees for furnishing certain computer-run lists of electors; to provide for access of handicapped persons to certain polling places; 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 (5) of subsection (a) of Code Section 21-2-31, relating to duties of the State Election Board, and inserting in its place a new paragraph (5) to read as follows:
"(5) To investigate when necessary or advisable the administration of primary and elec tion laws and frauds and irregularities in primaries and elections and to report violations of the primary and election laws either to the Attorney General or the appropriate district attorney who shall be responsible for further investigation and prosecution. Nothing in this paragraph shall be so construed as to require any complaining party to request an investiga tion by the board before he might proceed to seek any other remedy available to him under this chapter or any other provision of law;".
Section 2. Said title is further amended by striking Code Section 21-2-92, relating to qualifications of poll officers, and inserting in its place a new Code Section 21-2-92 to read as follows:
"21-2-92. Poll officers appointed pursuant to Code Sections 21-2-90 and 21-2-91 shall be judicious, intelligent, and upright electors of the county in which they are appointed and shall be able to read, write, and speak the English language. No poll officer shall be eligible for any nomination or public office or to be voted for at a primary or election at which he shall serve. However, a poll officer may serve in a primary in which he seeks election to party office unless prohibited by the rules of the party conducting the primary. A parent, spouse, child, brother, or sister of a candidate shall not be eligible to serve as a poll officer in any precinct in which such candidate's name appears on the ballot in any primary or elec tion; provided, however, that the provisions of this sentence shall not apply to poll officers who, on July 1, 1992, have served as poll officers in five or more November general elections?1
Section 3. Said title is further amended by striking paragraph (7) of subsection (e) of Code Section 21-2-132, relating to filing a notice of candidacy, nomination petition, and affidavit, and inserting in its place a new paragraph (7) to read as follows:
"(7) That he has never been convicted and sentenced in any court of competent juris diction for fraudulent violation of primary or election laws, malfeasance in office, or felony involving moral turpitude under the laws of this state or any other state or of the United States, or that his civil rights have been restored and that at least ten years have elapsed from the date of the completion of the sentence witEout a subsequent conviction of another felony involving moral turpitude; and"'
Section 4. Said title is further amended by striking subsection (a) of Code Section 21-2134, relating to withdrawal of a candidate, and inserting in its place a new subsection (a) to read as follows:
"(a) (1) No candidate nominated at any primary election or nonpartisan primary or nominateoTTjy means other than a primary may withdraw as a candidate at the ensuing general election. No vacancy on the ballot for a general election or for a nonpartisan election shall be filled except by reason of the death or disqualification of a candidate.

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(2) A candidate in a general, special, or nonpartisan primary may withdraw as a candidate"after qualifying but prior to the date of the general, special, or nonpartisan primary by filing a notarized affidavit of withdrawal with the Secretary of State, if qualifying for a state office, or the county election superintendent, if qualifying for a county office. A candidate of a political body or an independent candidate in a general or special election may withdraw as a candidate after qualifying but prior to the date of the general or special election by filing a notarized affidavit of withdrawal with the Secretary of State, if qualifying for a state office, or the county election superintendent, if qualifying for a county office. The qualifying fee shall not be returned to the candidate. If the ballots have been printed, the Secretary of State or the county election superintendent may reprint the ballots to omit the name of the withdrawn candidate. All votes cast for the withdrawn candidate shall be void and shall not be counted. Prominent notices shall be posted in all polling places in which the name of the withdrawn candidate appears on the ballot stating that the candidate has withdrawn and that all votes cast for such withdrawn candidate shall be void and shall not be counted."
Section 5. Said title is further amended by striking paragraph (7) of subsection (e) of Code Section 21-2-153, relating to qualification of candidates for party nomination in a pri mary, and inserting in its place a new paragraph (7) to read as follows:
"(7) That he has never been convicted and sentenced in any court of competent juris diction for fraudulent violation of primary or election laws, malfeasance in office, or felony involving moral turpitude under the laws of this state or any other state or of the United States, or that his civil rights have been restored and that at least ten years have elapsed from the date of the completion of the sentence without a subsequent conviction of another felony involving moral turpitude; and"'
Section 6. Said title is further amended by striking subsection (h) of Code Section 21-2217, relating to the form of registration cards, and inserting in its place a new subsection (h) to read as follows:
"(h) After approving the registration of a voter, the board of registrars shall issue the voter a card which shall contain the voter's name and address, a block for the voter's signa ture, the date of the voter's registration, the name of the voter's precinct, the location of the precinct, and the number of the voter's congressional district, state Senate district, state House district, county commission district (if any), board of eduction district (if any), and city council, city commission, or other municipal district (if any). On the reverse side of the card there shall be printed instructions which shall indicate the procedure to be followed in the event of a change of address of the voter. The voter shall indicate the new address within the county in the space provided on such card and return the card to the board of registrars. Upon receipt of such card, the board of registrars shall make the necessary changes and issue a revised card. In the event the voter's election district congressional district, state Senate district, state House district, county commission district (if any) board of education district (if any), and city council, city commission, or other municipal district (if any), or the voter's precinct changes, then a new card shall be issued. The Secretary of State shall provide such cards for use by the registrars; however, the board of registrars in each county may create and provide other cards in lieu of the cards provided by the Secre tary of State, provided that such cards contain the information set forth in this subsection."
Section 7. Said title is further amended by striking Code Section 21-2-388, relating to cancellation of certain absentee ballots, and inserting in its place a new Code Section 21-2388 to read as follows:
"21-2-388. When an absentee ballot which has been voted shall be returned to the board of registrars, it shall be deemed to have been voted then and there; and no other absentee ballot shall be issued to the same elector. However, if an elector, other than one whose physical disability, official election duties, or observance of a religious holiday pre vents his attendance at the polls, who has requested to vote by absentee ballot based upon the reason that the elector is required to be absent from his precinct during the time of the primary or election in which the elector desires to vote is present in the precinct of his residence during the time the polls are open in any primary, election, or runoff for which he

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has requested an absentee ballot, such elector shall have the absentee ballot canceled in one of the following ways:
(1) By surrendering his absentee ballot to the poll manager of the precinct in which his name appears on the electors list and then being permitted to vote the regular ballot. The poll manager shall mark 'Canceled' and the date and time across the face of the absentee ballot and shall initial same. He shall also make appropriate notations beside the name of the elector on the electors list. All such canceled absentee ballots shall be returned with other ballots to the superintendent;
(2) By appearing in person before the registrars and requesting in writing that the en velope containing his absentee ballot be marked 'Canceled.' After having satisfied them selves as to the identity of such elector, the registrars shall grant the request and shall notify the managers of the elector's precinct as to such action so as to permit him to vote in person in his precinct. If the absentee ballot is in the possession of the registrars, it shall be promptly marked 'Canceled* and the date and time written across the face of the envelope. If the absentee ballot is in the mail or its exact location is unknown, the registrar shall write 'Canceled' beside the elector's name on the master list of absentee voters and shall cancel the ballot itself as soon as it is received. Canceled absentee ballots shall be disposed of in the same manner as provided in subsection (a) of Code Section 21-2-386 for absentee ballots returned too late to be cast."
Section 8. Said title is further amended by striking subsection (b) of Code Section 21-330, relating to municipal superintendents, and inserting in its place a new subsection (b) to read as follows:
"(b) The municipal superintendent shall be a person or committee selected in the man ner prescribed by the governing authority of the municipality with compensation fixed and paid by the governing authority of the municipality from municipal funds. A parent, spouse, child, brother, or sister of a candidate shall not be eligible to serve as a municipal superin tendent in any precinct in which such candidate's name appears on the ballot in any pri mary or election?*
Section 9. Said title is further amended by striking subsection (a) of Code Section 21-334, relating to qualifications of municipal poll officers, and inserting in its place a new sub section (a) to read as follows:
"(a) Poll officers shall be electors of the municipality in which they are appointed and shall be able to read, write, and speak the English language. No poll officer shall be eligible to any nomination or public office to be voted for at a primary or election in which he shall serve. A parent, spouse, child, brother, or sister of a candidate shall not be eligible to serve as a municipal poll officer in any precinct in which such candidate's name appears on the ballot in any primary or election."
Section 10. Said title is further amended by striking subsection (a) of Code Section 213-91, relating to filing a municipal notice of candidacy, nomination petition, and affidavit, and inserting in its place a new subsection (a) to read as follows:
"(a) Each candidate, except a candidate nominated by nomination petition provided for in subsection (f) of this Code section, or his designee shall file notice of his candidacy in the office of the municipal superintendent of his municipality:
(1) At least 22 but not more than 52 days prior to the election in the case of a general election and at least 16 but not more than 30 not earlier than the date of the call and not later than 15 days prior to the election in the case of a special election; or
(2) At least 50 but not more than 60 days prior to the election in the case of a municipal general or apccial election held in conjunction with a November general election conducted under Chapter 2 of this title.
The opening and closing dates shall, within the limitations as provided in this Code section, be as set forth in the municipal charter or, if not so specified, then by municipal ordinance. If a run-off primary is held, each candidate nominated therein or his designee

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shall file notice of his candidacy with the municipal superintendent within three days after the holding of such primary, irrespective of such three-day period's exceeding a qualification deadline prescribed in this subsection. Notice of the opening and closing dates for candi dates to qualify shall be published in the call for the election."
Section 11. Said title is further amended by striking paragraph (7) of subsection (e) of Code Section 21-3-91, relating to filing a municipal notice of candidacy, nomination petition, and affidavit, and inserting in its place a new paragraph (7) to read as follows:
"(7) That he has never been convicted and sentenced in any court of competent juris diction for fraudulent violation of primary or election laws, malfeasance in office, or felony involving moral turpitude under the laws of this state or any other state or of the United States, or that his civil rights have been restored and that at least ten years have elapsed from the date of the completion of the sentence without a subsequent conviction of another felony involving moral turpitude; and"'
Section 12. Said title is further amended by adding a new subsection at the end of the Code Section 21-3-94, relating to reopening of qualification for office, to be designated sub section (c) to read as follows:
"(c) A candidate in a general or special primary may withdraw as a candidate after qualifying but prior to the date of the general or special primary by filing a notarized affida vit of withdrawal with the municipal superintendent. A candidate of a political body or an independent candidate in a general or special election may withdraw as a candidate after qualifying but prior to the date of the general or special election by filing a notarized affida vit of withdrawal with the municipal superintendent. The qualifying fee shall not be re turned to the candidate. If the ballots have been printed, the municipal superintendent may reprint the ballots to omit the name of the withdrawn candidate. All votes cast for the withdrawn candidate shall be void and shall not be counted. Prominent notices shall be posted in all polling places in which the name of the withdrawn candidate appears on the ballot stating that the candidate has withdrawn and that all votes cast for such withdrawn candidate shall be void and shall not be counted."
Section 13. Said title is further amended by adding a new subsection at the end of Code Section 21-3-135, relating to filing the certified list of voters with the city clerk, to be desig nated subsection (c), to read as follows:
"(c) In those municipalities using computers to maintain the list of electors, it shall be the duty of the boards of registrars of such municipalities to furnish a computer-run list at a cost not to exceed one-quarter of a cent per name or a computer tape containing such list, upon payment of a fee to cover the actual cost of providing such tape or both the tape and the computer-run list as requested; provided, however, that the total cost of providing such tape or computer-run list, or both, shall not be less than $15.00."
Section 14. Said title is further amended by striking subsection (a) of Code Section 213-164, relating to polling places, and inserting in its place a new subsection (a) to read as follows:
"(a) In selecting polling places, the governing authority shall, wherever practicable, se lect schoolhouses, municipal buildings or rooms, or other public buildings for that purpose. In selecting polling places, the governing authority shall give consideration to the comfort and convenience those places to be selected will provide to both electors and poll officers. School, county, municipal, or other governmental authorities shall, upon request of the mu nicipal governing authority, make arrangements for the use of their property for polling places; provided, however, that such use shall not substantially interfere with the use of such property for the purposes for which it is primarily intended. No polling place shall be selected or used under any circumstances which does not have suitable and appropriate access to the handicapped for the purpose of voting; and any person, whether or not person ally aggrieved, may bring an action for mandamus to require that all polling places in the municipality have suitable and appropriate access to the handicapped for the purpose of voting."

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Section 15. Said title is further amended by striking Code Section 21-3-288, relating to cancellation of municipal absentee ballots, and inserting in its place a new Code Section 213-288 to read as follows:

"21-3-288. When an absentee ballot which has been voted shall be returned to the board of registrars, it shall be deemed to have been voted then and there; and no other absentee ballot shall be issued to the same elector. However, if an elector, other than one whose physical disability, official election duties, or observance of a religious holiday pre vents hia attendance at the polla, who has requested to vote by absentee ballot based upon the reason that the elector is required to be absent from his precinct during the time of the primary or election in which the elector desires to vote is present in the precinct of his residence during the time the polls are open in any primary, election, or runoff for which he has requested an absentee ballot, such elector shall have the absentee ballot canceled in one of the following ways:

(1) By surrendering his absentee ballot to the poll manager of the precinct in which his name appears on the electors list and then being permitted to vote the regular ballot. The poll manager shall mark 'Canceled' and the date and time across the face of the absentee ballot and shall initial the same. He shall also make appropriate notations beside the name of the elector on the list of electors. All such canceled absentee ballots shall be returned with other ballots to the superintendent;

(2) By appearing in person before the absentee ballot clerk and requesting in writing that the envelope containing his absentee ballot be marked 'Canceled.' After having satisfied himself as to the identity of such elector, the absentee ballot clerk shall grant the request and shall notify the managers of the elector's precinct as to such action so as to permit him to vote in person in his precinct. If the absentee ballot is in the possession of the absentee ballot clerk, it shall be promptly marked 'Canceled' and the date and time written across the face of the envelope. If the absentee ballot is in the mail or its exact location is un known, the clerk shall write 'Canceled' beside the elector's name on the master list of absen tee voters and shall cancel the ballot itself as soon as it is received. Canceled absentee bal lots shall be disposed of in the same manner as subsection (a) of Code Section 21-3-286 provides for absentee ballots returned too late to be cast."

Section 16. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

Section 17. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 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 Broun of 46th Brown of 26th Burton Clay Coleman Collins Dawkins Dean Echols

Edge Egan Foster Gillis Hammill Harris Hasty Henson Hill Huggins Kidd Marable Moye

Newbill Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Starr Tate

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Taylor Thompson Timmons

Turner Tysinger

Those not voting were Senators:

Alien Deal (excused conferee) English Garner (excused conferee)

Hooks (excused conferee) Johnson (excused conferee) Langford Shumake

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

Walker of 22nd White
Steinberg Walker of 43rd (excused conferee)

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

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

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.

Senator Edge of the 28th moved that the Senate insist upon the Senate amendment to HR 715.

On the motion, the yeas were 39, nays 0; the motion prevailed, and the Senate insisted upon the Senate amendment to HR 715.

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

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.
Senate Sponsor: Senator Robinson of the 16th.

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

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

Those voting in the affirmative were Senators:

Albert Baldwin Bishop Bowen Broun of 46th Brown of 26th Burton Clay Coleman Collins

Dawkins Dean Echols Edge Egan Foster Gillis Hammill Harris Hasty

Henson Hill Huggins Kidd Marable Moye Newbill Perdue Perry Phillips

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Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson

Scott Starr Tate Taylor Thompson

Timmons Turner Tysinger Walker of 22nd White

Those not voting were Senators:

Alien Deal (excused conferee) English Garner (excused conferee)

Hooks (excused conferee) Johnson (excused conferee) Langford Shumake

Steinberg Walker of 43rd (excused conferee)

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

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

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.
Senate Sponsor: Senator Moye of the 34th.

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

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

Those voting in the affirmative were Senators:

Baldwin Bishop Bowen Broun of 46th Burton Clay Coleman Collins Dawkins Dean Echols Edge Egan English

Foster Gillis Hammill Harris Hasty Henson Hill Huggins Marable Moye Newbill Perdue Perry Phillips

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

Those not voting were Senators:

Albert Alien Brown of 26th Deal (excused conferee) Garner (excused conferee) Hooks (excused conferee)

Johnson (excused conferee) Kidd Langford Robinson Scott

Shumake
Steinberg Walker of 22nd Walker of 43rd (excused conferee)

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On the passage of the bill, the yeas were 41, nays 0.
The bill, having received the requisite constitutional majority, was passed.
The following message was received from the House through Mr. 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 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.
The House insists on its position in disagreeing to the Senate amendments, and has appointed a Committee of Conference on the part of the House to confer with a like com mittee on the part of the Senate on the following bill of the House:
HB 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 Speaker has appointed on the part of the House, Representatives Abernathy of the 39th, Groover of the 99th and Bostick of the 138th.
The House has disagreed to the Senate substitute to the following bill of the House:
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.
The House has agreed to the Senate substitute, as amended by the House, to the fol lowing bill of the House:
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.

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

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.
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:

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 Huggins Johnson Marable Moye Newbill Perdue Perry

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

Those not voting were Senators:

Albert Alien Garner (excused conferee) Hooks (excused conferee)

Kidd Langford Robinson Shumake

Steinberg Walker of 22nd Walker of 43rd (excused conferee)

On the passage of the bill, the yeas were 45, nays 0.

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

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.
Senate Sponsor: Senator Hammill of the 3rd.

Senators Hammill of the 3rd and Alien of the 2nd offered the following amendment:

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Amend HB 1451 by inserting on line 4 of page 1, following the word and symbol "fea ture;", the following:
"to amend Code Section 3-4-90 of the Official Code of Georgia Annotated, relating to the issuance of certain licenses, so as to change a population feature;".
By inserting following line 16 of page 3 the following:
"Section 2. Code Section 3-4-90 of the Official Code of Georgia Annotated, relating to the issuance of certain licenses, is amended by striking in its entirety the first complete sentence of subparagraph (b)(2)(A) and inserting in lieu thereof the following:
'The governing authority of every county having a population of not less than 37,200 50,000 nor more than 38,000 53,000 according to the United States decennial census of 1980 1990 or any future such census and the go%erning authority of every municipality within every such county, through proper resolution or ordinance, may authorize the issuance of lsiocledn.s' e"s to sell alcoholic beverages by the drink for consumption only on the premises where
By redesignating Section 2 as Section 3.
On the adoption of the amendment offered by Senators Hammill of the 3rd and Alien of the 2nd, the yeas were 33. nays 5, and the amendment was adopted.
Senator Brown of the 26th offered the following amendment:
Amend HB 1451 by adding on line 4 of page 1 after the word and symbol "feature;" the following:
"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 coli seum authorities to sell alcoholic beverages for consumption on the premises only upon property owned or controlled by such authorities; to provide that such authorities shall de termine by resolution the conditions, including hours and days of sale, under which such sales of alcoholic beverages shall be permitted; to provide an effective date;".
By redesignating current Section 2 as Section 4.
By inserting between lines 16 and 17 on page 3 new Sections 2 and 3 to read as follows:
"Section 2. Chapter 8 of Title 3 of the Official Code of Georgia Annotated, relating to the sale of alcoholic beverages at publicly owned facilities, is amended by striking in its entirety Code Section 3-8-3, relating to the sale of malt beverages at coliseums, and in serting in lieu thereof a new Code Section 3-8-3 to read as follows:
'3-8-3. (a) As used in this Code section, the term:
(1) "Coliseum" means any multiuse coliseum-type facility which has a seating capacity of 9,000 or more and which is a project of a coliseum authority, together with related build ings, facilities, and extensions of the project.'
Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval."
On the adoption of the amendment offered by Senator Brown of the 26th, the yeas were 34, nays 3, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.
On the passage of the bill, a roll call was taken, and the vote was as follows:

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Those voting in the affirmative were Senators:

Baldwin Bishop Bowen Broun of 46th Brown of 26th CCloalyeman
Collins
Dawkins Echols Edge Egan

English Gillis Hammill Harris Henson HJoihllnson
Moye
Newbill Perry Phillips Ragan of 10th

Ragan of 32nd Ray Scott Tate TWW ^ Thyompson
Timmons
Turner Tysinger Walker of 43rd White

Those voting in the negative were Senators:

Burton Deal Dean Foster

Hasty Huggins Marable

Pollard Ramsey Starr

Those not voting were Senators:

Albert Alien Garner (excused conferee) Hooks (excused conferee)

Kidd Langford Perdue Robinson

Shumake Steinberg Walker of 22nd

On the passage of the bill, the yeas were 35, nays 10.

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

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.
Senate Sponsor: Senator Scott of the 36th.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Baldwin Bishop Bowen Broun of 46th Brown of 26th Burton Clay Coleman Collins Dawkins Deal Dean

Echols Edge Egan English Foster Gillis Harris Hasty Henson Hill Huggins Johnson

Marable Moye Newbill Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Scott

MONDAY, MARCH 30, 1992

3179

Steinberg Tate Taylor

Thompson Timmons Turner

Walker of 43rd White

Those not voting were Senators:

Albert Alien Garner (excused conferee) Hammill

Hooks (excused conferee) Kidd Langford Robinson

Shumake Starr Tysinger Walker of 22nd

On the passage of the bill, the yeas were 44, nays 0.

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

HB 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.
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 30034-8400

STATE AUDITOR'S CERTIFICATION

TO:

The Honorable Bill Cummings, Chairman

House Retirement Committee

FROM:

G. W. Hogan, State Auditor

DATE:

January 16, 1991

SUBJECT: House Bill 634 (LC 21 0768) Georgia Firemen's Pension Fund

This bill entitles certain members of the Georgia Firemen's Pension Fund on or before September 1, 1992 to obtain creditable service under certain conditions for prior service as a fireman or volunteer fireman. The member would have to be between 35 and 45 years of age at the time of application for such creditable service.

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

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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 634 (LC 21 0768) Georgia Firemen's Pension Fund

This bill entitles certain members of the Georgia Firemen's Pension Fund on or before September 1, 1992 to obtain creditable service under certain conditions for prior service as a fireman or volunteer fireman. The member would have to be between 35 and 45 years of age at the time of application for such creditable service.

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.

$

80,000

(2) The amount of annual normal cost which will result from the bill. $ 76,000

(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). $ 7,425,000

(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

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. 634 and LC 21-0768.
3. As requested, we have made an actuarial investigation of the impact of (HB No. 634 and LC 21-0768) on the (Georgia Firemen's Pension Fund) in accordance with the require ments of Code Section 47-20-36.
4. This bill provides past credit for any Fireman who decides to buy back past service

MONDAY, MARCH 30, 1992

3181

no later than 9/1/92. Only Firemen who are between the ages of 35 and 45 at the time of application for past credit would be eligible and only up to 10 years of post-age 30 service can be bought back. The cost to the member of buying back the past service is all back payments of member dues accumulated to the date of application at an interest rate that is 2.5% above the 7/1/92 monthly index of all outstanding U.S. Treasures other than for fed eral estate tax purposes. In no event is the interest rate allowed to be below 8%.

5. The cost of this proposed legislation would be $82,000 in the first year. The increase in unfunded actuarial accrued liability would be $80,000. See Item 7 for analysis.

6. The following table reflects the unfunded actuarial accrued liability and projected minimum funding standards before and after the proposed legislation. The projected mini mum 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) $ 182,493 $ 143,261
$ 39,232 $ 3,813 $ 8,242

Increase Due to Legislation
(in OOO's) $ 435 $ 355
$ 80 $ 76 $0

Projected Minimum Funding Standards*
Total Service Cost Past Service Amortization Expected Member Dues Interest on cumulative
excess of prior year contrib. over minimum requirements

$ 3,737 $ 5,746 $ (1,062)
$ (1,078)
_______

$ 3,813 $ 5,752 $ (1,062)
$ (1,078)
_______

$ 76 $6 $0
$0
_________

Projected Minimum Funding Standards
Expected Taxes Collected

$ 7,343 8,242

$ 7,425 8,242

$ 82 $0

Excess of expected tax revenues over minimum required contribution

899

817

$ (82)

*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. 634 has the potential to be a fiscal bill because it allows for the improvement of benefits for members who apply for past credit under this provision. In order to be a fiscal bill in practice, at least one member would have to apply for this past service. Our investigation was based on the 445 members of the fund as of 6/30/ 91 who would be eligible to buy back service under this bill. We have assumed that 100% of these members would buy back service. The increase in the minimum funding requirement on this basis would be $82,000. Since the expected taxes would still exceed the minimum funding requirement if the 445 members as of 6/30/91 bought back service, there would be no funding deficiency on this basis.
In addition, there are approximately 34,000 Firemen in Georgia who are not members of the fund. As of July 1, 1991, these Firemen were eligible to become members of the fund

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JOURNAL OF THE SENATE

and if they do become members, would have the same rights to buy back service as current members. At present, we do not know how many of these 34,000 potential members would be eligible for the buy back under this bill so we are not able to calculate the fiscal impact for this group.
8. Person preparing actuarial investigation of H.B. No. 634 and LC 21-0768: Gene B. Fife, A.S.A., Associate Consultant at Alexander & Alexander Consulting Group.

/s/

Gene B. Fife

Signature

1/14/92 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:

Baldwin Bishop Bowen Broun of 46th Brown of 26th Burton Coleman Collins Dawkins Deal Dean Echols Edge Egan

English Foster Gillis Harris Hasty Henson Hill Huggins Marable Moye Perdue Perry Phillips

Those voting in the negative were Senators:

Pollard Ragan of 10th Ramsey Ray Scott Starr Steinberg Tate Taylor Timmons Turner Walker of 43rd White

Clay Newbill

Ragan of 32nd Thompson

Those not voting were Senators:

Tysinger

Albert Alien Garner (excused conferee) Hammill

Hooks (excused conferee) Johnson (excused conferee) Kidd Langford

Robinson Shumake Walker of 22nd

On the passage of the bill, the yeas were 40, nays 5.

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

MONDAY, MARCH 30, 1992

3183

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

Mr. President:

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

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 410. By Senators Johnson of the 47th, Deal of the 49th, Garner of the 30th and others:
A bill to amend Part 1 of Article 4 of Chapter 12 of Title 45 of the Official Code of Georgia Annotated, relating to management of budgetary and financial affairs, so as to require the submission of certain five-year strategic plans by each budget unit in conjunction with budget estimates.

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

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.
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 Bill Cummings, Chairman

House Retirement Committee

FROM:

G. W. Hogan, State Auditor

DATE:

January 14, 1992

SUBJECT: House Bill 635 (Substitute) (LC 21 1267S) Georgia Firemen's Pension Fund

As amended, this bill would allow members who have elected the joint and survivor retirement option (reduced retirement benefits payable to the member's surviving spouse) to revoke the option in the event the spouse divorces or predeceases the member. The re tirement benefit of members who elect to revoke the option would increase to the level it would have been, beginning on the revocation date, had the member not exercised the option.

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JOURNAL OF THE SENATE

This is to certify that the changes made in this substitute bill are nonfiscal amendments as defined in the Public Retirement Systems Standards Law. The actuarial investigation for LC 21 0773 would also apply to this substitute version of House Bill 635 (LC 21 1267S).
/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 635 (LC 21 0773) Georgia Firemen's Pension Fund

This bill would allow members who have elected the joint and survivor retirement op tion (reduced retirement benefits payable to the member's surviving spouse) to revoke the option in the event the spouse divorces or predeceases the member. The retirement benefit of members who elect to revoke the option would increase to the level it would have been, beginning on the revocation date, had the member not exercised the option.

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.

$ 1,232,000

(2) The amount of annual normal cost which will result from the bill. $ 26,000

(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). $ 7,489,000

(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

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.

MONDAY, MARCH 30, 1992

3185

2. RE: Actuarial investigation of H. B. No. 635 and LC 21-1267S.

3. As requested, we have made an actuarial investigation of the impact of (HB No. 635 and LC 21-1267S) on the (Georgia Firemen's Pension Fund) in accordance with the require ments of Code Section 47-20-36.

4. H. B. No. 635 provides that if a retired member elects a joint and survivor benefit subject to actuarial reduction, and the beneficiary predeceases or divorces the participant, the participant's benefit will be increased to the level prior to the actuarial reduction.

5. The cost of this proposed legislation would be $146,000 in the first year. The increase in unfunded actuarial accrued liability would be $1,232,000. See item 7 for analysis.

6. The following table reflects the unfunded actuarial accrued liability and projected minimum funding standards before and after the proposed legislation. The projected mini mum 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

Before Legislation (in OOO's)
$ 182,058 $ 142,906

After Legislation (in OOO's)
$ 183,290 $ 142,906

Increase Due to Legislation
(in OOO's)
$ 1,232 $0

Unfunded Actuarial Accrued Liability
Total Service Cost

$ 39,152 $ 3,737

$ 40,384 $ 3,763

$ 1,232 $ 26

Contribution to the Fund

$ 8,242

$ 8,242

$0

Projected Minimum Funding Standards*
Total Service Cost Past Service Amortization Expected Member Dues Interest on cumulative
excess of prior year contributions over minimum requirements

$ 3,737 $ 5,746 $ (1,062)
$ (1,078)
______

$ 3,763 $ 5,866 $ (1,062)
$ (1,078)
_______

$ 26 $ 120 $0
$0
_________

Projected Minimum Funding Standards

$ 7,343

$ 7,489

$ 146

Expected Taxes Collected

8,242

8,242

$0

Excess of expected tax revenues over minimum required contribution

899

753

$ (146)

'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. 635 is a fiscal bill because it provides increased bene fits for any retired member who elects the joint and survivor form of benefit and is prede ceased or divorced by the beneficiary. In determining the fiscal impact of this bill, we have made the assumption that 50% of members retiring in the future will elect the joint and survivor form of payment, and on average, they will elect a 75% continuation. The cost of this bill is $146,000. Since the expected taxes would still exceed the minimum funding re quirement, this bill would not create a funding deficiency.
8. Person preparing actuarial investigation of H. B. No. 635 and LC 21-1267S: Gene B. Fife, A.S.A., Associate Consultant at Alexander & Alexander Consulting Group.

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JOURNAL OF THE SENATE

/s/

Gene B. Fife

Signature

1/14/92 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:

Baldwin Bishop Bowen
Broun of 46th Brown of 26th Burton
Clay Coleman Collins Dawkins Deal Dean Echols

Edge English Foster Gillis Hammill Harris Hasty Henson Huggins Marable Moye Perdue
Perry

Phillips Pollard Ragan of 10th Ramsey Ray Scott Starr Steinberg Tate Taylor Timmons Turner White

Those voting in the negative were Senators:

Egan Newbill

Ragan of 32nd

Tysinger

Those not voting were Senators:

Albert Alien Garner (excused conferee) Hill Hooks (excused conferee)

Johnson (excused conferee) Kidd Langford
Robinson Shumake

Thompson
Walker of 22nd
Walker of 43rd (excused conferee)

On the passage of the bill, the yeas were 39, nays 4.

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 Insurance and Labor on March 24 and committed to the Senate Committee on Finance and Public Utilities, and favorably reported by the committee, was read the third time and put upon its passage:

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".
Senate Sponsor: Senator Tysinger of the 41st.

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

MONDAY, MARCH 30, 1992

3187

Amend HB 1109 by striking in their entirety lines 5, 6, and 7 on page 2, which read as follows:
"Officials One- and Two-Family Dwelling Code, with the exception of Part V Plumbing (Chapters 20-26) of aaid code;",
and inserting in lieu thereof the following:
"Officials One- and Two-Family Dwelling Code, with the exception of Part V - Plumb ing (Chapters 20-25) of said code;".

Senator Taylor of the 12th moved that the previous question be ordered.

On the adoption of the motion offered by Senator Taylor of the 12th, Senator Edge of the 28th called for the yeas and nays; the call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Bishop Bowen Broun of 46th
Dalwemkmans
Ecnols English Foster Gillis

Hammill Hasty Henson Hill
JH,ouh, gBngBsionns Marable Perdue Perry Phillips

Ragan of 10th Ramsey Ray Steinberg
TT_aaytel.or Timmons Turner Tysinger Walker of 22nd

Those voting in the negative were Senators:

Baldwin
Brown of 26th BL,,/,ularyton Collins
Dean

Edge Egan ,H, arri. s
Mye Newbill

Ragan of 32nd Scott 0Starr
Thompson White

Those not voting were Senators:

Alien Garner (excused conferee) Hooks (excused conferee) Kidd

Langford Pollard Robinson

Shumake Walker of 43rd (excused conferee)

On the adoption of the motion offered by Senator Taylor of the 12th, the yeas were 31, nays 16; the motion prevailed.

Senator Edge of the 28th moved that the Senate reconsider its action in adopting the motion offered by Senator Taylor of the 12th.

On the adoption of the motion offered by Senator Edge of the 28th, the yeas were 19, nays 20; the motion was lost, and the previous question was ordered.

On the adoption of the amendment, the yeas were 30, nays 7, and the amendment was adopted.

3188

JOURNAL OF THE SENATE

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

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

Those voting in the affirmative were Senators:

Albert Baldwin
Bishop Broun of 46th Brown of 26th urton

Foster Gillis
Hammill Harris Hflsty Henson

ColLs Dawkins j)eal Dean Edge Egan English

Hjl1 . HuSgms Marable Moye Newbill Perdue Phillips

Pollard Ragan of 32nd Ramsey Ray Scott Starr
Steinberg Tate Taylor Thompson Tysinger Walker of 22nd White

Those voting in the negative were Senators:

Bowen Coleman Echols

Perry Ragan of 10th

Timmons Turner

Those not voting were Senators:

Alien Garner (excused conferee) Hooks (excused conferee) Johnson (excused conferee)

Kidd Langford Robinson

Shumake Walker of 43rd (excused conferee)

On the passage of the bill, the yeas were 40, nays 7.

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

The following general resolutions of the House, favorably reported by the committee, were read the third time and put upon their adoption:

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.
Senate Sponsor: Senator Johnson of the 47th.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the resolution involving an appropriation, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Baldwin

Bishop Bowen

Broun of 46th Brown of 26th

MONDAY, MARCH 30, 1992

3189

Burton Clay Coleman Collins Dawkins Deal DEcehaonls Edge
Egan
English
Foster
Gillis Hammill

Harris Hasty Henson Hill Huggins Johnson MMoayraeble Newbill
Perdue
Perry
Phillips
Ragan of 10th Ragan of 32nd

Ramsey Ray Scott gtarr Steinberg Tate T,l*avylloorr Thompson
Timmons
Turner
Tysinger
Walker of 22nd White

Those not voting were Senators:

Alien Garner (excused conferee)
Hooks (excused conferee) Kidd

Langford Pollard Robinson

Shumake Walker of 43rd (excused conferee)

On the adoption of the resolution, the yeas were 47, nays 0.

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

HR 677. By Representative Ray of the 98th: A resolution compensating Ms. Tara Joyner Davidson in the sum of $1,452.88. Senate Sponsor: Senator Johnson of the 47th.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the resolution involving an appropriation, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Baldwin Bishop Bowen Broun of 46th Brown of 26th BmCluaryton Coleman CDoalwliknisns
Deal
Dean
Echols
Edge
Egan

English Foster Gillis Hammill Harris Hasty HTHTei-l,n1l son Huggins JMoharnasbolne
Moye
Newbill
Perdue
Perry
Phillips

Ragan of 10th Ragan of 32nd Ramsey Ray Scott Starr TaSta, etienb, erg _, . rTi^hyolmorpson
Timmons
Turner
Tysinger
Walker of 22nd
White

3190

JOURNAL OF THE SENATE

Those not voting were Senators:

Alien Garner (excused conferee) Hooks (excused conferee) Kidd

Langford Pollard Robinson

Shumake Walker of 43rd (conferee conferee)

On the adoption of the resolution, the yeas were 47, nays 0.

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

HR 723. By Representative Dixon of the 128th: A resolution compensating Mr. John Wesley Ulmer, Jr. in the sum of $3,475.69. Senate Sponsor: Senator Johnson of the 47th.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the resolution involving an appropriation, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Baldwin Bishop Bowen Broun of 46th
errBrown of 26th
Coleman Collins Dawkins
Deal
Dean
Echols
Edge
Egan

English Foster Gillis Hammill Harris
HTMHasty
Huggins Johnson Marable
Moye
Newbill
Perdue
Perry
Phillips

Ragan of 10th Ragan of 32nd Ramsey Rav Scott Starr
i aylor Thompson Timmons Turner Tysinger Walker of 22nd White

Those not voting were Senators:

Alien Garner (excused conferee) Hooks (excused conferee) Kidd

Langford Pollard Robinson

Shumake Walker of 43rd (conferee conferee)

On the adoption of the resolution, the yeas were 47, nays 0.

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

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. Senate Sponsor: Senator Johnson of the 47th.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

MONDAY, MARCH 30, 1992

3191

On the resolution involving an appropriation, 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 BCluaryton

English
Foster Gillis Hammill
Harris Hasty HHielnl son

Coleman Collins Dawkins Deal Dean
Echols Edge Egan

Huggins Johnson Marable Moye Newbill
Perdue Perry Phillips

Ragan of 10th Ragan of 32nd Ramsey Rav Scott Starr 0St, em. b, erg
laylor Thompson Timmons Turner Tysinger Walker of 22nd White

Those not voting were Senators:

Alien Garner (excused conferee) Hooks (excused conferee) Kidd

Langford Pollard Robinson

Shumake Walker of 43rd (excused conferee)

On the adoption of the resolution, the yeas were 47, nays 0.

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

The following general resolution of the House, having been withdrawn from the Senate Committee on Finance and Public Utilities on March 23 and committed to the Senate Com mittee on Appropriations, and favorably reported by the committee, was read the third time and put upon its adoption:

HR 879. By Representative Murphy of the 18th: A resolution compensating Sandra K. Davis in the sum of $6,026.00. Senate Sponsor: Senator Johnson of the 47th.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the resolution involving an appropriation, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Baldwin Bishop Bowen Broun of 46th Brown of 26th Burton

Clay Coleman Collins Dawkins Deal Dean Echols

Edge Egan English Foster Gillis Hammill Harris

3192

JOURNAL OF THE SENATE

Hasty Henson Hill Huggina JMoahrnasbolne
Moye
Newbill
Perdue

Perry Phillips Ragan of 10th Ragan of 32nd RRaaymsey
Scott
Starr
Steinberg

Tate Taylor Thompson Timmons _Turner
Tysmger
Walker of 22nd
White

Those not voting were Senators:

Alien Garner (excused conferee) Hooks (excused conferee) Kidd

Langford Pollard Robinson

Shumake Walker of 43rd (excused conferee)

On the adoption of the resolution, the yeas were 47, nays 0.

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

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

HR 955. By Representative Padgett of the 86th: A resolution compensating Ms. Rosa L. Bedell in the sum of $566.77. Senate Sponsor: Senator Johnson of the 47th.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the resolution involving an appropriation, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Baldwin Bishop Bowen Broun of 46th Brown of 26th BCluaryton

English Foster Gillis Hammill Harris Hasty HHielnl son

Coleman Collins Dawkins Deal Dean
Echols Edge Egan

Huggins Johnson Marable Moye Newbill
Perdue Perry Phillips

Ragan of 10th Ragan of 32nd Ramsey Ray Scott Starr ,,S.tem. b, erg
, laylor Thompson Timmons Turner Tysinger Walker of 22nd White

Those not voting were Senators:

Alien Garner Hooks

Kidd Langford Pollard

Robinson Shumake Walker of 43rd

MONDAY, MARCH 30, 1992

3193

On the adoption of the resolution, the yeas were 47, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
Serving as doctor of the day today was Dr. David Smith of Columbus, Georgia.
Senator Deal of the 49th moved that the Senate do now adjourn until Tuesday, March 31 at 10:30 o'clock A.M., and the motion prevailed.
At 12:00 o'clock Midnight, the President announced that the Senate was adjourned un til Tuesday, March 31 at 10:30 o'clock A.M.

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JOURNAL OF THE SENATE

Senate Chamber, Atlanta, Georgia Tuesday, March 31, 1992 Fortieth Legislative Day

The Senate met pursuant to adjournment at 10:30 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 Senate:
SB 628. By Senator Clay of the 37th: 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 probation; to require attendance at safety education schools, drug and alcohol risk reduction schools, or other educational programs; to provide for authority to order persons to pay fees for probation as well as other costs.
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 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 743. By Senators Ragan of the 32nd, Clay of the 37th, Thompson of the 33rd and others: 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.
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.

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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 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.
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.
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.
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.
SB 865. By Senator Dean of the 31st:
A bill to provide for homestead exemptions from Polk County ad valorem taxes for county purposes and from Polk County School District ad valorem taxes for educational purposes and to reduce bonded indebtedness for certain residents of that county and school district; to provide for definitions; to specify the terms and conditions of the exemptions and the procedures relating thereto; to provide for a referendum; to provide for applicability.
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 690. By Senator Kidd of the 25th:
A bill to amend an Act creating and establishing a new charter for the City of Eatonton, as amended, so as to provide for the election of the mayor and alder men of the City of Eatonton; to provide for the election of certain aldermen from wards; to provide for terms of office; to provide procedures; to provide for description of wards.

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SB 691. By Senator Kidd of the 25th: A bill to amend an Act placing the Sheriff, the Clerk of the Superior Court, the Tax Collector, the Tax Receiver, and the Judge of the Probate Court of Putnam County on an annual salary, as amended, so as to change the compensation of the sheriff.
SB 692. By Senator Kidd of the 25th:
A bill to amend an Act consolidating the offices of Tax Collector and Tax Re ceiver of Putnam County, as amended, so as to change the compensation of the tax commissioner; to provide an effective date.
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.
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 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 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 for the payment of expenses to the chairman and the members of the Board of Commissioners.
SB 832. By Senators Ragan of the 32nd, Newbill of the 56th, Clay of the 37th and others:
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 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.

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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 for the calculation of income and amounts to be included in such calculation; to provide for disability and the determination thereof.
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.
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.
SB 863. By Senator Ray of the 19th: A bill to amend an Act providing for the election of members of the Telfair County Board of Education from education districts, as amended, so as to pro vide that vacancies on the board shall be filled by special election if the unexpired term is more than 180 days; to provide that vacancies shall be filled by majority vote of the board if the unexpired term is 180 days or less; to provide for a referendum.
SB 864. By Senators Thompson of the 33rd, Newbill of the 56th and Clay of the 37th:
A bill to amend an Act entitled the "Cobb County Community Improvement District 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.
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.
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 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 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

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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 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.
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 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 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.
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.
The House has adopted by the requisite constitutional majority the following resolu tions of the Senate:
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.

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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 House has agreed to the Senate substitutes to the following bills of the House:
HB 2078. By Representative Floyd of the 135th: A bill to amend an Act establishing the membership of the Board of Education of Dooly County, so as to provide new education districts for the election of mem bers of the board.
HB 2080. By Representative Floyd of the 135th: A bill to amend an Act creating a board of commissioners of Dooly County, so as to provide districts from which the members of the Board of Commissioners of Dooly County shall be elected.
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 2049. By Representatives Breedlove of the 60th, Barnett of the 59th, Mobley of the 64th, Wall of the 61st and Orr of the 9th: A bill to amend an Act creating the board of commissioners of Gwinnett County, so as to reapportion the commissioner districts.
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.
HB 319. By Representatives Herbert of the 76th, Poston of the 2nd, Kilgore of the 42nd and Adams of the 79th:
A bill to amend Part 1A of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, known as the "Nonpublic Postsecondary Educational In stitutions Act of 1990," so as to provide for a tuition guaranty trust fund to be established from fees paid by nonpublic postsecondary educational institutions.
HB 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.
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

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of any real property dedicated and set apart by a county or municipal governing authority as a park, playground, or recreation center.
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 143. By Representative Watson of the 114th: A bill to amend Chapter 15 of Title 43 of the Official Code of Georgia Annotated, relating to professional engineers and land surveyors, so as to change the defini tion of certain terms.
HB 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 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 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 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.
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 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 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

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change certain provisions relating to legal weapons for hunting; to change the open season dates and bag limits of certain wildlife.
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.
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.
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 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 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 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.

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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.
The House has agreed to the Senate substitute to the following resolution 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, under, upon, across, or through property owned by the State of Georgia in Pulaski County.
The House has agreed to the Senate amendments to the following bills of the House:
HB 2137. By Representative Streat of the 139th: A bill to amend an Act establishing the office of Commissioner of Roads and Revenues in the County of Coffee, so as to reapportion the commissioner districts.
HB 2138. By Representative Streat of the 139th: A bill to amend an Act establishing a board of education of Coffee County, so as to reapportion the education districts.
HB 2100. By Representative Birdsong of the 104th: A bill to provide a $15,000.00 homestead exemption from certain ad valorem taxes levied by, for, or on behalf of the Twiggs County School District for resi dents of that district who are 62 years of age or older and whose net income does not exceed $15,000.
HB 2102. By Representative Stancil of the 66th: A bill to provide a new charter for the City of Rutledge.
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.
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.
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.

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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.
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.
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 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 1497. By Representatives Buck of the 95th, Murphy of the 18th, Coleman of the 118th, Walker of the 115th, Lee of the 72nd 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 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 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 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.

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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.
The House has adopted the report of the Committee of Conference on the following bills of the House and Senate:
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.
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.
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.
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.
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 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 42-8-34 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.

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SB 488. By Senators Dawkins of the 45th, Taylor of the 12th, Robinson of the 16th and others:
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.

HB 2069. By Representatives Padgett of the 86th, Williams of the 90th and others:
A bill to amend an Act creating the board of commissioners of Richmond County, so as to change the composition of the board.

The following report of a standing committee was read by the Secretary:

Mr. President:

The Committee on Urban and County Affairs has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations:

HB 586. Do pass as amended.

HB 2134. Do pass.

HB 1094. Do pass by substitute.

HB 2143. Do pass by substitute.

HB 1577. HB 1626. HB 1627. HB 1628. HB 1838. HB 2002. HB 2003. HB 2004. HB 2005. HB 2024. HB 2035. HB 2036. HB 2046. HB 2060. HB 2062. HB 2064. HB 2070. HB 2082. HB 2109. HB 2113.

Do pass by substitute. Do pass. Do pass. Do pass. Do pass as amended. Do pass. Do pass. Do pass. Do pass. Do pass as amended. Do pass by substitute. Do pass. Do pass. Do pass. Do pass by substitute. Do pass. Do pass. Do pass as amended. Do pass. Do pass.

HB 2148. HB 2151. HB 2153. HB 2157. jjg 2161. HB 2162. HB 2164. HB 2165. HB 2166. HB 2167. HB 2168. HB 2169. HB 2170. rjr> 2171. HB 2172. HB 2173. HB 2175. HB 2176. HB 2177.

Do pass as amended. Do pass as amended. Do pass as amended. Do pass. Do pass by substitute. Do pass. Do pass as amended. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass.

HB 2114. Do pass.

HB 2178. Do pass as amended.

Respectfully submitted,

Senator Harris of the 27th District, Chairman

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The President called for the morning roll call, and the following Senators answered to their names:

Baldwin Bowen Broun of 46th Brown of 26th Burton Clay CCoollleimnsan
Dean Echols Egan Foster Garner

Gillis Hasty Henson Hill Hooks Huggms JKoihdndson
Marable Moye Newbill Perdue Perry

Those not answering were Senators:

Phillips Pollard Ragan of 10th Ragan of 32nd Ram R Gbtarr
late Taylor Timmons Turner Tysinger

Albert Alien Bishop Dawkins Deal Edge

English Hammill Harris Langford Robinson Scott

Shumake Steinberg Thompson Walker of 22nd 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 Burton of the 5th introduced the chaplain of the day, Captain Ted Morris of the Salvation Army, who offered scripture reading and prayer.

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

Mr. President:

The House recedes from its position in substituting the following bill of the Senate:

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.

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The following resolutions of the Senate were read and adopted:
SR 600. By Senators Newbill of the 56th, Burton of the 5th, Clay of the 37th and others: A resolution commending and recognizing Honorable R. T. "Tom" Phillips.
SR 601. By Senators Newbill of the 56th, Burton of the 5th, Clay of the 37th and others: A resolution commending and recognizing Honorable Frank Albert.
SR 602. By Senators Newbill of the 56th, Burton of the 5th, Clay of the 37th and others: A resolution commending and recognizing Honorable Mac Collins.
SR 603. By Senators Bishop of the 15th, Edge of the 28th, Garner of the 30th and others: A resolution honoring Colonel Aubrey T. Villines and extending to him and his family sincerest regards during his time of illness.
SR 604. By Senators Alien of the 2nd and Hill of the 4th: A resolution congratulating the Reverend Clarence "Teddy" Williams.
SR 605. By Senator Dean of the 31st: A resolution commending the Haralson County Chamber of Commerce.
SR 606. By Senator Dean of the 31st: A resolution commending the superintendent and the board of education of the Paulding County School System.
SR 607. By Senator Hill of the 4th: A resolution commending and recognizing Honorable Charles K. Rewis.
SR 608. By Senators Scott of the 36th, Hammill of the 3rd, Tate of the 38th and others: A resolution recognizing the Association for the Care of Children's Health and designating March 16-20, 1992, as Children's Hospital Week.
SR 609. By Senators Langford of the 35th, Huggins of the 53rd, Hasty of the 51st and others: A resolution commending Senator Eugene P. Walker.
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 Tuesday, March 31, 1992
FORTIETH LEGISLATIVE DAY (The names listed with each bill are the Senators whose districts are affected by the legislation.)
*HB 586 Moye, 34th Langford, 35th Scott, 36th Tate, 38th Egan, 40th Newbill, 56th FULTON COUNTY

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JOURNAL OF THE SENATE

Burton, 5th Tysinger, 41st Steinberg, 42nd Walker, 43rd Henson, 55th DEKALB COUNTY
Collins, 17th Starr, 44th CLAYTON COUNTY
Phillips, 9th White, 48th GWINNETT COUNTY
A bill to amend an Act approved March 16, 1971, and an Act approved April 16, 1979, relating to the Metropolitan Atlanta Rapid Transit Authority and the Metropolitan Atlanta Rapid Transit System, so as to repeal provisions prohibiting appropriations by the State of Georgia Authority and certain leg islative statements of intent; and for other purposes. (AMENDMENT)

*HB 1094

Deal, 49th HALL COUNTY
A bill to amend an Act to create and establish a civil service system in Hall County for employees of Hall County, so as to change the employees covered under such system; and for other purposes. (SUBSTITUTE)

*HB 1577

Burton, 5th Tysinger, 41st Steinberg, 42nd Walker, 43rd Henson, 55th DEKALB COUNTY
A bill to amend an Act revising, superseding, and consolidating the laws per taining to the governing authority of DeKalb County and creating a chairman and board of commissioners of roads and revenues for DeKalb County, so as to provide for the new reapportioned districts; and for other purposes. (SUBSTITUTE)

HB 1626 Dean, 31st Marable, 52nd BARTOW COUNTY
A bill to provide for the nonpartisan nomination and election of the judge of the Probate Court of Bartow County; and for other purposes.

HB 1627 Dean, 31st Marable, 52nd BARTOW COUNTY
A bill to amend an Act creating the office of Commissioner of Roads and Revenues of Bartow County, so as to provide that the commissioner will keep his or her office at the County Administration Building; and for other pur poses.

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3209

HB 1628 Dean, 31st Marable, 52nd BARTOW COUNTY
A bill to amend an Act providing a new charter for the City of Euharlee in Bartow County, so as to change the term of the mayor to four years; and for other purposes.

*HB 1838

Walker, 22nd Albert, 23rd RICHMOND COUNTY
A bill to amend an Act providing that the governing authority of Richmond County shall be a board of commissioners consisting of a chairman and nine other members and designating the board as the Augusta-Richmond County Commission-Council and the members of the board of commissioners as commissioners-councilpersons, so as to provide for a board of commissioners of 12 members; and for other purposes. (AMENDMENT)

HB 2002 Bowen, 13th TURNER COUNTY
A bill to amend an Act to provide for the election of members of the board of education of Turner County, so as to provide new education districts; and for other purposes.

HB 2003 Bowen, 13th WORTH COUNTY
A bill to amend an Act creating and establishing a Board of Commissioners of Roads and Revenues of Worth County, so as to provide new commissioner districts; and for other purposes.

HB 2004 Bowen, 13th TURNER COUNTY
A bill to amend an Act creating a board of commissioners of Turner County, so as to provide new commissioner districts; and for other purposes.

HB 2005 Bowen, 13th WORTH COUNTY
A bill to amend an Act to provide for the election of a chairman and four members of the Worth County Board of Education, so as to provide new education districts; and for other purposes.

*HB 2024

Walker, 22nd Albert, 23rd CITY OF AUGUSTA
A bill to amend an Act providing a charter for the City of Augusta, so as to change the provisions limiting the succession in office of the mayor and coun cil members; and for other purposes. (AMENDMENT)

*HB 2035

Baldwin, 29th Garner, 30th CARROLL COUNTY
A bill to amend an Act creating the Board of Commissioners of Carroll County, so as to reapportion the commission districts; and for other pur poses. (SUBSTITUTE)

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JOURNAL OF THE SENATE

HB 2036 Baldwin, 29th Garner, 30th CARROLL COUNTY
A bill to amend an Act relating to the board of education and school superin tendent of the Carroll County School District, so as to reapportion the educa tion districts of said school district; and for other purposes.

HB 2046 Phillips, 9th CITY OF SNELLVILLE
A bill to amend an Act incorporating the City of Snellville, so as to deannex and exclude certain property from the corporate limits of the city; and for other purposes.

HB 2060 Dean, 31st Marable, 52nd BARTOW COUNTY
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 commissioners for Bartow County and prescribe their qualifications, terms of office, compensation, manner of election, powers, duties, and responsibilities; and for other purposes.

*HB 2062

Deal, 49th Newbill, 56th FORSYTH COUNTY
An Act to create and establish the Cumming-Forsyth County Charter Com mission; and for other purposes. (SUBSTITUTE)

HB 2064 Perry, 7th BERRIEN COUNTY
A bill to amend an Act creating a board of commissioners of roads and reve nues for the County of Berrien, so as to change the number of commissioners; to change the composition of the commissioner districts; and for other pur poses.

HB 2070 Walker, 22nd Albert, 23rd RICHMOND COUNTY
A bill to amend an Act establishing the compensation of certain officials in Richmond County, so as to change the compensation of certain officials; and for other purposes.

*HB 2082

Burton, 5th Tysinger, 41st Steinberg, 42nd Walker, 43rd Henson, 55th DEKALB COUNTY
A bill to amend an Act providing a supplement to the compensation expenses and allowance of the judges of the superior court of the Stone Mountain Ju dicial Circuit, so as to change the amount of such supplement; and for other purposes. (AMENDMENT)

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3211

HB 2109 Edge, 28th SPALDING COUNTY
A bill to amend an Act creating the Board of Commissioners of Spalding County, so as to redesignate and describe the five single-member commission districts in Spalding County; and for other purposes.

HB 2113 Echols, 6th Gillis, 20th APPLING COUNTY
A bill to amend an Act to change the composition and method of election of the Board of Education of Appling County, so as to provide new education districts; and for other purposes.

HB 2114 Echols, 6th Gillis, 20th APPLING COUNTY
A bill to amend an Act creating the board of commissioners of Appling County, so as to provide new commissioner districts; and for other purposes.

HB 2134 Burton, 5th Tysinger, 41st Steinberg, 42nd Walker, 43rd Henson, 55th DEKALB COUNTY
A bill to amend an Act to impose certain requirements and limitations upon ad valorem taxes levied by DeKalb County to finance the provision of certain governmental services, known as the "DeKalb County Special Services Tax Districts Act," so as to provide for certain limitations on the millage rate levied in certain municipalities; and for other purposes.

*HB 2143

Phillips, 9th CITY OF LILBURN
A bill to amend an Act creating a new charter for the City of Lilburn, so as to change the corporate limits of the city; and for other purposes. (SUBSTITUTE)

*HB 2148

Burton, 5th Tysinger, 41st Steinberg, 42nd Walker, 43rd Henson, 55th DEKALB COUNTY
A bill to amend an Act providing that each resident of the DeKalb County School District who is 65 years of age or over or disabled and whose net in come does not exceed $15,000 per annum shall be granted an exemption, so as to provide a homestead exemption from certain DeKalb County School District ad valorem taxes for educational purposes; and for other purposes. (AMENDMENT)

*HB 2151

Burton, 5th Tysinger, 41st Steinberg, 42nd Walker, 43rd

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JOURNAL OF THE SENATE

Henson, 55th DEKALB COUNTY
A bill to provide a homestead exemption from certain DeKalb County School District ad valorem taxes for educational purposes on the full value of the homestead after a five-year phase in period for certain residents of that school district who are 70 years of age or over and who have annual incomes not exceeding $50,000.00; and for other purposes. (AMENDMENT)

*HB 2153

Bishop, 15th Robinson, 16th MUSCOGEE COUNTY
A bill to amend an Act creating the Muscogee County School District, so as to provide for the composition of the Muscogee County Board of Education; and for other purposes. (AMENDMENT)

HB 2157 Garner, 30th CITY OF CARROLLTON
A bill to provide for homestead exemptions from City of Carrollton ad valorem taxes for educational purposes for certain residents of that school district; and for other purposes.

*HB 2161

Alien, 2nd CITY OF GARDEN CITY
A bill to amend an Act creating a new charter for the City of Garden City, so as to extend the present corporate limits of said municipality and annex and incorporate certain additional land to said municipality; and for other pur poses. (SUBSTITUTE)

HB 2162 Alien, 2nd CITY OF GARDEN CITY
A bill to amend an Act creating a new charter for the City of Garden City, so as to increase the limit of the authority of the recorder's court to impose fines for contempt from $50.00 to $500.00; and for other purposes.

*HB 2164

Timmons, llth STEWART COUNTY
A bill to create the Stewart County Solid Waste Authority; and for other purposes. (AMENDMENT)

HB 2165 White, 48th CITY OF SUWANEE
A bill to provide an exemption from City of Suwanee ad valorem taxes for the full value of homesteads of residents of the City of Suwanee who are 65 years of age or over or who are disabled; and for other purposes.

HB 2166 Dawkins, 45th NEWTON COUNTY
A bill to amend an Act relating to the Board of Education of Newton County, so as to change the description of the districts from which members of the board are elected, and for other purposes.

HB 2167 Dawkins, 45th NEWTON COUNTY
A bill to amend an Act creating a board of commissioners of Newton County,

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3213

so as to change the composition of the districts from which members of the board are elected, and for other purposes.
HB 2168 Huggins, 53rd WALKER COUNTY
A bill to provide for the collection of additional costs in cases before the Magistrate Court of Walker County as law library fees; and for other pur poses.
HB 2169 Burton, 5th Tysinger, 41st Steinberg, 42nd Walker, 43rd Henson, 55th DEKALB COUNTY
A bill to create the DeKalb Ad Valorem Tax Survey Commission; and for other purposes.
HB 2170 Echols, 6th CHARLTON COUNTY
A bill to amend an Act providing for the election of the members of the Board of Education of Charlton County, so as to change provisions relating to education districts; and for other purposes.
HB 2171 Echols, 6th CHARLTON COUNTY
A bill to amend an Act creating the board of commissioners for Charlton County, so as to change provisions relating to commissioner districts; and for other purposes.
HB 2172 Huggins, 53rd DADE COUNTY
A bill to amend an Act creating the board of commissioners of Dade County, so as to change the composition of the commission districts; and for other purposes.
HB 2173 Foster, 50th DAWSON COUNTY
A bill to create the Dawson County Board of Commissioners Study Commis sion; and for other purposes.
HB 2175 Harris, 27th CRAWFORD COUNTY
A bill to provide for compensation and expenses of the chairman and mem bers of the Board of Education of Crawford County; and for other purposes.
HB 2176 Harris, 27th CRAWFORD COUNTY
A bill to amend an Act creating the Board of Commissioners of Crawford County, so as to regulate or restrict, and provide for the regulation or restric tion of, the depositing of sludge on public or private property in Crawford County; and for other purposes.

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HB 2177 Foster, 50th TOWNS COUNTY
A bill to change the manner of selecting the members of the Board of Educa tion of Towns County; and for other purposes.

*HB 2178

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 change the provisions relating to audits; and for other purposes. (AMENDMENT)

THE FOLLOWING OBJECTIONS WERE RECORDED:

*HB 1838** Senators Walker of the 22nd, Kidd of the 25th and Ray of the 19th requested, as provided for in Senate Rule 113, that HB 1838 be moved to the Senate Local Contested Calendar. HB 1838 was placed on the Senate Local Con tested Calendar for today.

*HB 2024** Senators Walker of the 22nd, Kidd of the 25th and Ray of the 19th requested, as provided for in Senate Rule 113, that HB 2024 be moved to the Senate Local Contested Calendar. HB 2024 was placed on the Senate Local Con tested Calendar for today.

The amendments and substitutes to the following bills were put upon their adoption:

*HB 586:

The Senate Committee on Urban and County Affairs offered the following amendment:

Amend HB 586 by striking lines 3 through 8 of page 3 and inserting in their places the following:
"Section 3. The Metropolitan Atlanta Rapid Transit Authority shall be eligible to re ceive funds from the State of Georgia or its several departments; provided, however, it is the intent of the General Assembly that state funds shall be allocated to the Metropolitan At lanta Rapid Transit Authority for operating and capital expenses in the same ratios accord ing to which the annual proceeds of the sale and use tax, levied on behalf of that authority, may be used to subsidize the operating and capital costs of the system, respectively, as provided in the Metropolitan Atlanta Rapid Transit Authority Act of 1971, as amended."

On the adoption of the amendment, the yeas were 46, nays 0, and the amendment was adopted.

*HB 1094:

The Senate Committee on Urban and County Affairs offered the following substitute to HB 1094:

A BILL
To be entitled an Act to amend an Act establishing a Civil Service System in Hall County for employees of Hall County, approved April 4, 1967 (Ga. L. 1967, p. 2556), as amended, so as to change the employees covered under the Hall County Civil Service Sys tem Act; to provide additional exemptions; to provide that decisions of the Board shall be binding upon the governing authority of Hall County, the Sheriff, the Probate Judge, the

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3215

Clerk of Superior Court, and the Tax Commissioner; 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 establishing a Civil Service System in Hall County for employees of Hall County, approved April 4, 1967 (Ga. L. 1967, p. 2556), 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. There is hereby created and established a civil service system to be known as the Hall County Civil Service System. All Hall County employees, now employed or here after employed, and all employees and deputies, now employed or hereafter employed, of the Hall County Sheriff, the Hall County Probate Judge, the Hall County Clerk of Superior Court, and the Hall County Tax Commissioner shall be members of the Hall County Civil Service system except: elected officers of the county, members of appointed boards, mem bers of commissions and authorities, the county administrator, the assistant county admin istrator, the county clerk, the county human resources director, the county fire chief, the county warden, the county director of management information systems, the county general services director, the county director of planning and zoning, the director of emergency management of the county, the county attorney, the county physician, part-time employees, and hourly wage earners."
Section 2. Said Act is further amended by striking Section 6 in its entirety and substi tuting therefor a new Section 6 which shall read as follows:
"Section 6. (a) No employee of any department or office of the County who is covered under the Hall County Civil Service System Act may be dismissed from employment in said department or office except for good cause and in accordance with the rules and regulations of the Civil Service Board as approved by the governing authority of Hall County. Any employee who is dismissed shall have the right of appeal pursuant to the terms of the rules and regulations prescribed for appeal by the Hall County Civil Service Board. Such appeal shall be heard at the next regular or special meeting of the Hall County Civil Service Board after it is filed and must be heard and determined by the Board within forty-five (45) days of the date that said appeal was filed with the Board; provided, however, that such dis missed employee must file his/her appeal with the Board in writing within ten (10) days from the date of his/her dismissal. The decision of the Board shall be binding upon the governing authority of Hall County, the Hall County Sheriff, the Hall County Probate Judge, the Hall County Clerk of Superior Court, and the Hall County Tax Commissioner as to whether such dismissal was for proper cause.
(b) All appeals under this section shall be heard by the five (5) member Hall County Civil Service Board. Said hearing shall be chaired by a hearing officer who shall be the attorney-at-law for the Hall County Civil Service Board. The hearing officer shall not have a vote on the appeal but shall conduct the hearing, make evidentiary rulings, and prepare final orders of the decision for the Hall County Civil Service Board."
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 46, nays 0, and the substitute was adopted.
*HB 1577:

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The Senate Committee on Urban and County Affairs offered the following substitute to HB 1577:
A BILL
To be entitled an Act to amend an Act establishing the form of government of DeKalb County and fixing the powers and duties of the officers constituting the governing authority of DeKalb County, approved April 9, 1981 (Ga. L. 1981, p. 4304), as amended, particularly by an Act approved April 12, 1982 (Ga. L. 1982, p. 4235), and an Act approved April 12, 1982 (Ga. L. 1982, p. 4325), so as to reapportion existing commissioner districts; to provide that commissioners formerly elected by the county at large shall be elected from commis sioner districts; to provide for definitions and insertions; to provide that members serving on the board on the effective date of this Act shall complete the terms for which they were elected; to provide for related matters; to provide for effective dates; to provide for submis sion of this Act to the United States Attorney General; to repeal this Act in the event of a certain contingency; to invalidate certain certifications of political party candidates and cer tain notices of candidacy in the event of a certain contingency; to provide for a referendum relating to certain provisions of this Act; to provide for a special primary, run-off election, and election; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act establishing the form of government of DeKalb County and fixing the powers and duties of the officers constituting the governing authority of DeKalb County, approved April 9, 1981 (Ga. L. 1981, p. 4304), as amended, particularly by an Act approved April 12, 1982 (Ga. L. 1982, p. 4235), and an Act approved April 12, 1982 (Ga. L. 1982, p. 4325), is amended by striking Sections 2 and 3 in their entirety and inserting new sections to read as follows:
"Section 2. The Commission, (a) The commission shall consist of seven members.
(b) For the purposes of electing members to represent Commissioner Districts 1 through 5, DeKalb County shall be divided into five commissioner districts as follows:
Commissioner District: 1
DEKALB COUNTY VTD: 0002 ASHFORD DUNWOODY VTD: 0005 AUSTIN VTD: 0020 CHAMBLEE NORTH VTD: 0021 CHAMBLEE SOUTH VTD: 0023 CHESTNUT VTD: 0032 DORAVILLE NORTH VTD: 0033 DORAVILLE SOUTH VTD: 0037 DUNWOODY VTD: 0040 EMBRY HILLS VTD: 0043 EVANSDALE VTD: 0053 HENDERSON MILL VTD: 0056 HUGH HOWELL VTD: 0057 HUNTLEY HILLS VTD: 0064 KINGSLEY VTD: 0069 LAVISTA AND LIVSEY VTD: 0089 MT VERNON VTD: 0090 NANCY CREEK VTD: 0093 NORTHWOODS VTD: 0095 OAKCLIFF VTD: 0099 PEACHTREE VTD: OOAD PLEASANTDALE VTD: OOAW SHALLOWFORD VTD: OOAX SILVER HILL (Part)

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Tract: 0219.03 Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 119C, 120B, 121, 122, 139B, 142, 143, 144, 149, 150, 201C, 206B, 208B, 209B, 211B, 213B, 214B, 215B, 247, 325C, 325D, 328B, 335, 336B, 337B, 341B, 344, 348
VTD: OOAY SILVER LAKE VTD: OOBB SMOKE RISE VTD: OOBP TUCKER VTD: OOBQ VANDERLYN VTD: OOBR VERMACK VTD: OOBU WARREN
Commissioner District: 2
DEKALB COUNTY VTD: 0003 ASHFORD PARK VTD: 0008 BRIAR VISTA VTD: 0009 BRIARCLIFF NORTH VTD: 0010 BRIARCLIFF SOUTH VTD: 0011 BRIARLAKE VTD: 0012 BRIARWOOD VTD: 0014 CALLANWOLDE VTD: 0024 CLAIREMONT VTD: 0025 CLAIRMONT HILLS VTD: 0028 CORALWOOD VTD: 0030 CROSS KEYS VTD: 0034 DRESDEN VTD: 0035 DRUID HILLS AND MARY LIN VTD: 0041 EMORY VTD: 0042 EPWORTH VTD: 0045 FERNBANK VTD: 0048 GLENNWOOD VTD: 0052 HAWTHORNE VTD: 0054 HERITAGE VTD: 0061 JOHNSON ESTATES VTD: 0067 LAKESIDE VTD: 0068 LAUREL RIDGE VTD: 0074 MARGARET HARRIS VTD: 0079 MEDLOCK VTD: 0086 MONTCLAIR VTD: 0092 NORTHLAKE VTD: 0094 OAK GROVE VTD: OOAE PONCE DE LEON VTD: OOAR SAGAMORE VTD: OOAU SCOTT VTD: OOBA SKYLAND VTD: OOBD SOUTH DECATUR VTD: OOBW WESLEY WOODS VTD: OOBX WESTCHESTER VTD: OOCB WINNONA
Commissioner District: 3
DEKALB COUNTY VTD: 0013 BROCKETT VTD: 0016 CANDLER VTD: 0027 CLIFTON VTD: 0038 EAST LAKE VTD: 0039 EASTLAND

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VTD: 0046 FLAT SHOALS VTD: 0047 FORREST HILLS VTD: 0049 GORDON VTD: 0050 GRESHAM PARK VTD: 0055 HOOPER ALEXANDER VTD: 0058 IDLEWOOD VTD: 0063 KELLY LAKE VTD: 0065 KIRKWOOD VTD: 0066 KNOLLWOOD VTD: 0076 MCLENDON VTD: 0078 MEADOWVIEW VTD: 0087 MONTREAL VTD: 0088 MORELAND VTD: 0091 NORTH DECATUR VTD: OOAA PETERSON VTD: OOAK REHOBOTH VTD: OOBJ TERRY MILL VTD: OOBK TILSON VTD: OOBL TONEY (Part)
Tract: 0231.01 Block(s): 206, 207
Tract: 0235.01 Block(s): 201, 202, 203
VTD: OOBM TOOMER VTD: OOBY WHITEFOORD NORTH VTD: OOCA WHITEFOORD SOUTH
Commissioner District: 4
DEKALB COUNTY VTD: 0006 AVONDALE ESTATES VTD: 0026 CLARKSTON VTD: 0036 DUNAIRE VTD: 0051 HAMBRICK VTD: 0059 INDIAN CREEK VTD: 0060 INGLESIDE VTD: 0062 JOLLY VTD: 0070 LITHONIA VTD: 0072 MAINSTREET NORTH VTD: 0073 MAINSTREET SOUTH VTD: 0080 MEMORIAL NORTH VTD: 0081 MEMORIAL SOUTH VTD: 0083 MIDWAX VTD: 0084 MIDWAY PARK VTD: 0098 PEACHCREST VTD: OOAC PINE LAKE VTD: OOAH REDAN NORTH VTD: OOAJ REDAN SOUTH VTD: OOAL ROCKBRIDGE VTD: 00AM ROCK CHAPEL VTD: OOAP ROWLAND HILLS VTD: OOAV SCOTTDALE VTD: OOAX SILVER HILL (Part) Tract: 0219.03 Block(s): 349B VTD: OOBF STONE MILL VTD: OOBG STONE MOUNTAIN VTD: OOBH STONEVIEW

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Commissioner District: 5
DEKALB COUNTY VTD: 0001 ALLGOOD VTD: 0004 ATHERTON VTD: 0007 BOB MATHIS VTD: 0015 CANBY VTD: 0017 CARRIAGE CLUSTER AND WOODRIDGE VTD: 0018 CASA LINDA VTD: 0019 CEDAR GROVE VTD: 0022 CHAPEL HILL VTD: 0029 COUNTY LINE VTD: 0031 CROSSROADS VTD: 0044 FAIRINGTON VTD: 0077 MCWILLIAMS VTD: 0085 MILLER ROAD VTD: 0096 PANOLA VTD: 0097 PANOLA WAY VTD: OOAB PHILLIPS VTD: OOAF RAINBOW VTD: OOAG RAINBOW PARK VTD: OOAN ROWLAND VTD: OOAQ ROWLAND ROAD VTD: OOAT SALEM VTD: OOBC SNAPFINGER VTD: OOBE SPRING HILL VTD: OOBL TONEY (Part) Tract: 0235.02 Block(s): 303, 305, 306, 307, 308, 309, 310, 311A, 311B, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410 VTD: OOBN TOWERS VTD: OOBT WADSWORTH VTD: OOBV WESLEY CHAPEL
(c) For the purposes of electing the remaining two members of the board, who were elected by the county at large under previously existing provisions of this Act, DeKalb County shall be divided into two commissioner districts as follows:
Commissioner District: 6
DEKALB COUNTY VTD: 0001 ALLGOOD VTD: 0002 ASHFORD DUNWOODY VTD: 0003 ASHFORD PARK VTD: 0005 AUSTIN VTD: 0006 AVONDALE ESTATES VTD: 0008 BRIAR VISTA VTD: 0009 BRIARCLIFF NORTH VTD: 0010 BRIARCLIFF SOUTH VTD: 0011 BRIARLAKE VTD: 0012 BRIARWOOD VTD: 0014 CALLANWOLDE VTD: 0020 CHAMBLEE NORTH VTD: 0021 CHAMBLEE SOUTH VTD: 0023 CHESTNUT VTD: 0024 CLAIREMONT VTD: 0025 CLAIRMONT HILLS VTD: 0026 CLARKSTON VTD: 0028 CORALWOOD

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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: 0037 DUNWOODY VTD: 0041 EMORY VTD: 0042 EPWORTH VTD: 0045 FERNBANK VTD: 0047 FORREST HILLS VTD: 0048 GLENNWOOD VTD: 0051 HAMBRICK VTD: 0052 HAWTHORNE VTD: 0053 HENDERSON MILL VTD: 0054 HERITAGE VTD: 0057 HUNTLEY HILLS VTD: 0058 IDLEWOOD VTD: 0059 INDIAN CREEK VTD: 0060 INGLESIDE VTD: 0061 JOHNSON ESTATES VTD: 0062 JOLLY VTD: 0064 KINGSLEY VTD: 0067 LAKESIDE VTD: 0068 LAUREL RIDGE VTD: 0072 MAINSTREET NORTH VTD: 0073 MAINSTREET SOUTH VTD: 0074 MARGARET HARRIS VTD: 0076 MCLENDON VTD: 0079 MEDLOCK VTD: 0080 MEMORIAL NORTH VTD: 0081 MEMORIAL SOUTH VTD: 0086 MONTCLAIR VTD: 0089 MT VERNON VTD: 0090 NANCY CREEK VTD: 0091 NORTH DECATUR VTD: 0092 NORTHLAKE VTD: 0093 NORTHWOODS VTD: 0094 OAK GROVE VTD: 0095 OAKCLIFF VTD: 0099 PEACHTREE VTD: OOAC PINE LAKE VTD: OOAE PONCE DE LEON VTD: OOAK REHOBOTH VTD: 00AM ROCK CHAPEL VTD: OOAQ ROWLAND ROAD VTD: OOAR SAGAMORE VTD: OOAU SCOTT VTD: OOAV SCOTTDALE VTD: OOAW SHALLOWFORD VTD: OOAY SILVER LAKE VTD: OOBA SKYLAND VTD: OOBD SOUTH DECATUR VTD: OOBF STONE MILL VTD: OOBG STONE MOUNTAIN VTD: OOBQ VANDERLYN VTD: OOBR VERMACK

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VTD: OOBW WESLEY WOODS VTD: OOBX WESTCHESTER VTD: OOCB WINNONA
Commissioner District: 7
DEKALB COUNTY VTD: 0004 ATHERTON VTD: 0007 BOB MATHIS VTD: 0013 BROCKETT 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: 0027 CLIFTON VTD: 0029 COUNTY LINE VTD: 0031 CROSSROADS VTD: 0038 EAST LAKE VTD: 0039 EASTLAND VTD: 0040 EMBRY HILLS VTD: 0043 EVANSDALE VTD: 0044 FAIRINGTON VTD: 0046 FLAT SHOALS VTD: 0049 GORDON VTD: 0050 GRESHAM PARK VTD: 0055 HOOPER ALEXANDER VTD: 0056 HUGH HOWELL VTD: 0063 KELLY LAKE VTD: 0065 KIRKWOOD VTD: 0066 KNOLLWOOD VTD: 0069 LAVISTA AND LIVSEY VTD: 0070 LITHONIA VTD: 0077 MCWILLIAMS VTD: 0078 MEADOWVIEW VTD: 0083 MIDWAX VTD: 0084 MIDWAY PARK VTD: 0085 MILLER ROAD VTD: 0087 MONTREAL VTD: 0088 MORELAND VTD: 0096 PANOLA VTD: 0097 PANOLA WAY VTD: 0098 PEACHCREST VTD: OOAA PETERSON VTD: OOAB PHILLIPS VTD: OOAD PLEASANTDALE VTD: OOAF RAINBOW VTD: OOAG RAINBOW PARK VTD: OOAH REDAN NORTH VTD: OOAJ REDAN SOUTH VTD: GOAL ROCKBRIDGE VTD: OOAN ROWLAND VTD: OOAP ROWLAND HILLS VTD: OOAT SALEM VTD: OOAX SILVER HILL VTD: OOBB SMOKE RISE VTD: OOBC SNAPFINGER

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VTD: OOBE SPRING HILL VTD: OOBH STONEVIEW VTD: OOBJ TERRY MILL VTD: OOBK TILSON VTD: OOBL TONEY VTD: OOBM TOOMER VTD: OOBN TOWERS VTD: OOBP TUCKER VTD: OOBT WADSWORTH VTD: OOBU WARREN VTD: OOBV WESLEY CHAPEL VTD: OOBY WHITEFOORD NORTH VTD: OOCA WHITEFOORD SOUTH
(d) 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) Whenever the description of any commissioner district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census map 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 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;
(5) Any part of DeKalb 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
(6) Any part of DeKalb 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.
(e) Each commissioner shall be a citizen of this state, at least 25 years of age, and shall have been a resident of the geographic area encompassed by the respective commissioner district for at least two years immediately prior to taking office. Each commissioner shall be elected by a majority of the electors voting within the respective commissioner district. Ex cept for displacement of their residences from their respective districts due to reapportionment of the districts, any commissioners who cease to be residents of their respective com missioner districts during their terms of office shall thereby vacate their seats on the commission. All members of the commission shall be nominated and elected pursuant to the provisions of Chapter 2 of Title 21 of the O.C.G.A., the 'Georgia Election Code,' as now or hereafter amended.
Section 3. Establishment of Commission. The commission created by Sections 1 and 2 of this Act shall become effective on January 1, 1993. The initial and subsequent members of said commission shall be as follows:
(1) Effective January 1, 1993, the commissioners representing Commissioner Districts 2

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and 3 shall be the former commissioners representing Commissioner Districts 2 and 3, who were elected at the general election of 1990 under previously existing provisions of this Act and any commissioner elected to fill a vacancy created by any of such commissioners. Said commissioners so elected shall complete the terms of office to which they were elected, which shall expire on December 31, 1994. Their successors shall be elected at the general election of 1994 and shall take office on January 1, 1995, for terms of four years and until their successors are elected and qualified. Thereafter, successors shall be elected at the gen eral 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.
(2) Candidates to represent Commissioner Districts 1, 4, and 5 shall be nominated at a special primary to be held on the third Tuesday in September, 1992. Commissioners to re present such commissioner districts shall be elected at a special election to be held on the date of and in conjunction with the general election of 1992 for terms of four years and until their successors are elected and qualified, and shall take office on January 1, 1993. Thereaf ter, successors shall be elected at the general election immediately preceding the expiration of terms and shall take office on the first day of January immediately following their elec tion for terms of four years and until their successors are elected and qualified.
(3) Effective January 1, 1993, the commissioner representing Commissioner District 7 shall be the person elected as the at-large commissioner at the general election of 1990 under previously existing provisions of this Act, or any commissioner elected to fill a va cancy created by said commissioner. Said commissioner so elected shall complete the term for which he or she was elected, which shall expire on December 31, 1994. The successor to said commissioner shall be elected at the general election of 1994 and shall take office on January 1, 1995, and until the successor is elected and qualified. Thereafter, successors shall be elected at the general election immediately preceding the expiration of the term of office and shall take office on the first day of January immediately following election for terms of four years and until their successors are elected and qualified.
(4) Candidates to represent Commissioner District 6 shall be nominated at a special primary to be held on the third Tuesday in September, 1992. A commissioner to represent Commissioner District 6 shall be elected at a special election to be held on the date of and in conjunction with the general election of 1992 for a term of four years and until a succes sor is elected and qualified and shall take office on January 1, 1993. Thereafter, successors shall be elected at the general election immediately preceding the expiration of the term of office and shall take office on the first day of January immediately following election for terms of four years and until their successors are elected and qualified."
Section 2. 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 DeKalb County to submit this Act to the United States Attorney General for approval. If, as of July 1, 1992, imple mentation 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. If implementation of this Act is permissible under the federal Voting Rights Act of 1965, as amended, on or before July 1, 1992, the following shall be void: (1) the certification of politi cal party candidates who qualified for party nomination for the office of commissioner in the general primary; (2) notices of candidacy for the office of commissioner in the general elec tion; and (3) notices of intention of candidacy for the office of commissioner by write-in candidates. Only candidates who have been certified by a political party as qualified for party nomination for the office of commissioner in the special primary shall be eligible to run in the special primary; only candidates nominated for the office of commissioner in the special primary, candidates who have filed notices of candidacy for the office of commis sioner in the special election, and write-in candidates for whom notice of intent of candidacy for the office of commissioner has been given shall be eligible to run in the special election for the office of commissioner.
Section 3. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the

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election superintendent of DeKalb County shall call and conduct an election as provided in this section for the purpose of submitting the provisions of this Act relating solely to Com missioner Districts 6 and 7 to the electors of DeKalb County for approval or rejection. Spe cifically, the provisions of this Act relating solely to Commissioner Districts 6 and 7 are subsection (c) of quoted Section 2 and paragraphs (3) and (4) of quoted Section 3. The election superintendent shall conduct that election on the general primary date in 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 DeKalb County. The ballot shall have written or printed thereon the words:

"[ ] YES [ ] NO

Shall the provisions of the Act be approved which provides that the two commissioners formerly elected from DeKalb County at large shall be elected from commissioner districts, and provides that the commissioners at large currently in office shall complete the term of office for which elected?"

All persons desiring to vote for approval of the specified provisions of the Act shall vote "Yes," and those persons desiring to vote for rejection of the specified provisions of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the specified provisions of the Act, such provisions shall become of full force and effect immediately, and subsection (c) of Section 4 of this Act shall be void and of no effect. If the specified provisions of the Act are not so approved or if the election is not conducted as provided in this section, subsections (a) and (c) of Section 4 of this Act shall become effec tive immediately, but the specified sections of this Act shall be void and of no effect.

The expense of such election shall be borne by DeKalb County. It shall be the superin tendent's duty to certify the result thereof to the Secretary of State.

Section 4. (a) The election superintendent shall conduct a special primary election on the third Tuesday in September, 1992, after issuing the call therefor as provided by law. If necessary, a special primary run-off election shall be held as provided by law; the election superintendent shall conduct a special election on the date of the general election in No vember, 1992, after issuing the call therefor as provided by law.

(b) If the specified provisions of this Act are approved in the referendum held on the general primary date in July, 1992, candidates for commissioners to represent Commissioner Districts 1, 4, 5, and 6, as such districts are described in this Act, shall be nominated at the special primary conducted in accordance with subsection (a) of this section. Commissioners to represent such districts shall be elected at the special election to be held on the date of the general election.

(c) If the specified provisions of this Act are not approved in the referendum held on the general primary date in July, 1992, the two remaining commissioners shall be elected by the county at large, notwithstanding the provisions of subsection (e) of quoted Section 2 of this Act. The person elected as the at-large commissioner at the general election of 1990 under previously existing provisions of this Act, or any commissioner elected to fill a va cancy created by said commissioner shall complete the term for which he or she was elected, which shall expire on December 31, 1994. The successor to said commissioner shall be elected at the general election of 1994 and shall take office on January 1, 1995, and until the successor is elected and qualified. The special primary shall nominate candidates for com missioners to represent Commissioner Districts 1, 4, and 5 as such districts are described in this Act and candidates to succeed the at-large commissioner elected in the general election of 1988 to represent the entire area of DeKalb County, as set out in the local law effective immediately prior to the adoption of this Act by the General Assembly and the approval of this Act by the Governor. On the date of the general election in November, 1992, a special election shall be held to elect commissioners to represent Commissioner Districts 1, 4, and 5 as such districts are described in this Act and a commissioner to succeed the at-large com missioner elected in the general election of 1988 to represent the entire area of DeKalb County, as set out in the local law effective immediately prior to the adoption of this Act by the General Assembly and the approval of this Act by the Governor. Thereafter, successors

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shall be elected at the general election immediately preceding the expiration of the term of office and shall take office on the first day of January immediately following election for terms of four years and until their successors are elected and qualified.
Section 5. (a) Subsection (a) of Section 4 of this Act and provisions reasonably neces sary to conduct the election of commissioners for DeKalb County in 1992 and the referen dum election for approval of this Act shall become effective upon its approval by the Gover nor or upon its becoming law without such approval.
(b) Subsection (b) of Section 4 of this Act shall become effective only upon certification to the Secretary of State that the specified provisions of this Act were approved in the referendum election; otherwise, it shall be void and of no effect. Except for subsection (c) of Section 4 and provisions of this Act subject to subsection (a) of this section, all other provi sions of this Act shall become effective on January 1, 1993.
(c) Subsection (c) of Section 4 of this Act shall become effective only upon certification to the Secretary of State that this Act was not approved in the referendum election; other wise it shall be void and of no effect.
Section 6. 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 2035
The Senate Committee on Urban and County Affairs offered the following substitute to HB 2035:
A BILL
To be entitled an Act to amend an Act creating The Board of Commissioners of Carroll County, approved February 28, 1989 (Ga. L. 1989, p. 3546), as amended, so as to reapportion the commissioner districts; to provide for definitions and inclusions; to provide for sub mission 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 Carroll County, approved February 28, 1989 (Ga. L. 1989, p. 3546), as amended, is amended by striking Section 18 and inserting in lieu thereof the following:
"Section 18. Commissioner districts, (a) For purposes of the election of members of the board of commissioners, Carroll County is divided into the following territory:
Commissioner District: 1
CARROLL COUNTY VTD: 0004 ARMY RESERVE 714B EAST (Part) Tract: 9907. Block(s): 317, 321, 322, 323, 404, 405B, 407, 408, 409C, 410B, 410C VTD: 0005 EMC 714B NORTH (Part) Tract: 9905. Block(s): 101B, 102, 103, 104B, 105B, 106, 107, 108A, 108C, 108D, 109C, 111C Tract: 9906. Block(s): 118, 119, 142, 143, 144, 145A, 145C VTD: 0006 CENTRAL HIGH 714 B SOUTH (Part) Tract: 9910. Block(s): 308B, 309B, 315, 316 VTD: 0009 SANDHILL (Part)

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Tract: 9907. Block(s): 314, 315, 316
VTD: 0015 BOWDEN JUNCTION (Part) Tract: 9903. Block(s): 156, 157, 176, 177, 178, 179, 180, 181, 182, 183, 186, 188, 233B, 234, 235, 236, 237, 238, 257, 258, 259, 260
VTD: 0020 WEST SIDE GYM 714A1 (Part) Tract: 9905. Block(s): 108B, 109A, 109B, 130A, 131A, 131B, 131C, 131D, 131E, 132, 133, 134, 135, 139A, 140, 201, 202, 203, 204, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 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, 401, 402A, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 507
VTD: 0021 LAKESHORE RECREATION CENTER 714A2 (Part) Tract: 9906. Block(s): 145B, 202A, 203, 204, 205, 207A, 207B, 207D, 214, 215, 216, 217, 218, 219, 308, 309, 310, 311, 312, 322, 323, 334, 335 Tract: 9907. Block(s): 405A, 406, 409A, 409B, 410A
VTD: 0022 BONNER 714A3 (Part) Tract: 9907. Block(s): 515, 516, 519, 527, 528, 530, 531 Tract: 9910. Block(s): 104, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 201, 202, 301, 302, 303, 306, 307, 308A, 309A Tract: 9911. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 112, 113, 114, 115, 116, 117, 118, 120
VTD: 0023 WEST GEORGIA COLLEGE 714A4 (Part) Tract: 9905. Block(s): 501, 502, 503, 504, 505, 506
VTD: 0024 OLD CAMP CHURCH 714B WEST (Part) Tract: 9905. Block(s): 123, 130C, 131F, 131G, 131H, 131J, 139B, 139C, 139D, 402B
Commissioner District: 2
CARROLL COUNTY VTD: 0009 SANDHILL (Part) Tract: 9901. Block(s): 430, 431, 432, 434, 435, 436, 437, 438, 439, 440, 441, 442, 443, 444, 445, 446, 447, 448, 449 Tract: 9906. Block(s): 101, 102, 132, 133, 134 Tract: 9907. Block(s): 116, 117, 118, 119, 120, 165, 166, 167, 168, 169, 181A, 183, 184, 196, 197, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 223, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313 VTD: 0017 HULETT (Part) Tract: 9907. Block(s): 164, 170, 171, 181B, 182 VTD: 0018 VILLA RICA CITY VTD: 0019 VILLA RICA COUNTY
Commissioner District: 3
CARROLL COUNTY VTD: 0001 TEMPLE 649 VTD: 0004 ARMY RESERVE 714B EAST (Part)

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Tract: 9906. Block(s): 135, 201, 202B
Tract: 9907. Block(s): 318, 319, 320, 439, 440, 441
VTD: 0005 EMC 714B NORTH (Part) Tract: 9905. Block(s): 110, 111B Tract: 9906. Block(s): 112, 113, 114, 115, 116, 117, 120, 121, 122, 123, 124, 125, 128, 129, 130, 136, 137, 138, 139, 140, 141, 202C, 206, 207C, 208, 209, 210, 211, 212
VTD: 0010 CENTERPOINT VTD: 0012 MOUNT ZION VTD: 0015 BOWDEN JUNCTION (Part)
Tract: 9903. Block(s): 101, 102, 103, 104, 105A, 105B, 105C, 105D, 106, 107, 108, 109A, 109B, 110, 111, 112, 113, 114A, 114B, 114C, 114D, 116A, 116B, 117A, 117B, 118A, 118B, 119A, 119B, 120A, 120B, 120C, 121A, 121B, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 184, 185, 187, 189, 190, 192, 193, 194, 195, 196, 197, 221A, 221B, 225, 226, 233A
VTD: 0020 WEST SIDE GYM 714A1 (Part) Tract: 9905. Block(s): 101A, 101C, 104A, 105A, 111A, 112, 113A, 124A, 126, 128A, 128B, 129A, 136 137A 137B 205A
VTD: 0024 OLD CAMP CHURCH 714B WEST (Part) Tract: 9905. Block(s): HID, 113B, 114, 115, 116, 124B, 125, 127, 128C, 129B, 130B, 137C, 138, 205B
Commissioner District: 4
CARROLL COUNTY VTD: 0004 ARMY RESERVE 714B EAST (Part) Tract: 9907. Block(s): 185, 186, 187, 221, 222, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 401, 402, 403B, 403C, 403D, 411B, 429B, 429C, 430C, 430D, 430E, 431B, 432B, 433C, 433D, 434, 435B, 435C, 436B, 436C, 603, 604, 605, 606, 607, 608, 609, 610B, 617, 618B, 619C, 620, 625, 626, 627, 628 VTD: 0006 CENTRAL HIGH 714 B SOUTH (Part) Tract: 9910. Block(s): 205B, 206, 207, 208, 310B, 310C, 310D, 310E, 312, 313, 314, 317, 318, 319. 320, 321 Tract: 9911. Block(s): 225B, 228B, 229B, 230B, 230C, 231, 234, 314B, 317B, 501, 502, 507 VTD: 0020 WEST SIDE GYM 714A1 (Part) Tract: 9911. Block(s): 128 VTD: 0021 LAKESHORE RECREATION CENTER 714A2 (Part) Tract: 9906. Block(s): 213, 301, 302, 303, 304, 305, 306, 307, 313, 314, 315, 316, 317, 318, 319, 320. 321, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333 Tract: 9907. Block(s): 403A, 411A, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429A, 430A, 430B, 431A, 432A, 433A, 433B, 435A, 436A, 437, 438, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 517, 518, 520, 521, 522, 523, 524, 525, 532, 533 VTD: 0022 BONNER 714A3 (Part)

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Tract: 9907. Block(s): 526, 529, 610A, 611, 612, 613, 614, 615, 616, 618A, 619A, 619B
Tract: 9910. Block(s): 101, 102, 103, 105, 106, 107, 108, 203, 204, 205A, 304, 305, 310A, 311
Tract: 9911. Block(s): 109, 110, 111, 119, 121, 122, 123, 124, 125, 126, 129, 130, 201, 202, 203, 204, 205, 206, 207, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225A, 226, 229A, 230A, 230D, 230E, 235, 236, 237, 238
VTD: 0023 WEST GEORGIA COLLEGE 714A4 (Part) Tract: 9905. Block(s): 508, 509, 510, 511, 512, 534, 535, 601A, 606A Tract: 9911. Block(s): 127, 208, 209, 227A, 227B, 228A, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311A, 312, 313, 314A, 315A, 315B, 316A, 316B, 317A
VTD: 0024 OLD CAMP CHURCH 714B WEST (Part) Tract: 9911. Block(s): 401A
VTD: 0025 OAK GROVE CHURCH 715 (Part) Tract: 9907. Block(s): 623 Tract: 9910. Block(s): 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 228, 233, 234, 235, 236, 237, 238
Commissioner District: 5
CARROLL COUNTY VTD: 0002 WHITESBURG 682 VTD: 0003 ROOPVILLE 713 VTD: 0011 LOWELL VTD: 0014 CLEM VTD: 0017 HULETT (Part) Tract: 9907. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 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, 172, 173, 174, 175, 176, 177, 178, 179, 180, 188, 189, 190, 191, 192, 193, 194, 195, 601, 602 Tract: 9908. Block(s): 112, 113, 114, 115, 116, 117, 118, 119 VTD: 0024 OLD CAMP CHURCH 714B WEST (Part) Tract: 9911. Block(s): 503, 504, 505, 518, 519, 520, 521, 522, 523, 524, 525, 526, 527, 528, 529 VTD: 0025 OAK GROVE CHURCH 715 (Part) Tract: 9909. Block(s): 203 Tract: 9910. Block(s): 322, 323, 324, 325, 326, 327, 328, 330, 331 Tract: 9911. Block(s): 232, 233, 506, 508, 509, 510, 511, 512, 513, 514, 515, 516, 517, 530, 531
Commissioner District: 6
CARROLL COUNTY VTD: 0007 KANSAS VTD: 0008 BOWDEN VTD: 0013 BURWELL VTD: 0016 TYUS VTD: 0023 WEST GEORGIA COLLEGE 714A4 (Part)

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Tract: 9905. Block(s): 513A, 514A, 514B, 515A, 515B, 527A, 528, 529, 530, 531, 532, 533, 602, 603A
VTD: 0024 OLD CAMP CHURCH 714B WEST (Part) Tract: 9905. Block(s): 119, 120, 121, 122, 513B, 514C, 515C, 516, 517, 518, 526, 527B, 601B, 603B, 604, 605, 606B, 607, 608, 609, 610, 611 Tract: 9911. Block(s): 311B, 317C, 401B, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416
(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 Carroll 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
(5) Any part of Carroll 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. Pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended, it shall be the duty of the county attorney of Carroll 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 46, nays 0, and the substitute was adopted.
*HB 2062:
The Senate Committee on Urban and County Affairs offered the following substitute to HB 2062:
A BILL
To be entitled an Act to provide for the creation of the Cumming-Forsyth County Charter Commission; to provide for a referendum on appointment of a charter commission; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. The General Assembly is authorized to create the Cumming-Forsyth County Charter Commission. None of the members of the Cumming-Forsyth County Charter Com mission shall hold elective or appointive public office. To be eligible for appointment as a member of the charter commission, a person must be at least 21 years of age and shall have been a resident of the State of Georgia for a period of at least three years and registered as an elector to vote in Forsyth County for a period of at least two years prior to his or her appointment. The commission shall be authorized to study all matters relating to the gov ernments of the City of Gumming and Forsyth County and all matters relating to the estab lishment of a single county-wide government with powers and jurisdiction throughout the territorial limits of Forsyth County.

Section 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Forsyth County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of Forsyth County 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 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 Forsyth County. The ballot shall have written or printed thereon the words:

"[ ] YES [ ] NO

Shall the Act be approved which authorizes the General Assembly by local Act to provide for appointment of a charter commission to conduct a study relating to the establishment of a unified government of Cumming-Forsyth County?"

All persons desiring to vote for approval of the Act shall vote "Yes," and those persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect immediately. If the Act is not so approved or if the election is not conducted as provided in this section, the remaining sections of this Act shall not become effective and this Act shall be automatically repealed.

The expense of such election shall be borne by Forsyth County. It shall be the superin tendent's duty to certify the result thereof to the Secretary of State.

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 2082:

The Senate Committee on Urban and County Affairs offered the following amendment:

Amend HB 2082 by striking on line 27 of page 1 the word and symbol "salary," and inserting the following:
"salary."
By striking on line 1 of page 2 the following:
"and $3,444.00."

On the adoption of the amendment, the yeas were 46, nays 0, and the amendment was adopted.

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*HB 2143:
The Senate Committee on Urban and County Affairs offered the following substitute to HB 2143:
A BILL
To be entitled an Act to amend an Act creating a new charter for the City of Lilburn, approved March 18, 1980 (Ga. L. 1980, p. 3164), as amended, particularly by an Act ap proved March 14, 1989 (Ga. L. 1989, p. 3633), and particularly by an Act approved March 30, 1990 (Ga. L. 1990, p. 5040), so as to change the corporate limits of the city; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act creating a new charter for the City of Lilburn, approved March 18, 1980 (Ga. L. 1980, p. 3164), as amended, particularly by an Act approved March 14, 1989 (Ga. L. 1989, p. 3633), and particularly by an Act approved March 30, 1990 (Ga. L. 1990, p. 5040), is amended by striking Section 1.11 in its entirety and inserting in lieu thereof a new Section 1.11 to read as follows:
"Section 1.11. Corporate boundaries, (a) The boundaries of this city shall be those ex isting on the effective date of the adoption of this charter amendment with the addition of the area described in subsection (c) of this section. Alterations of the boundaries of this city may be made from time to time in a manner provided by law. The boundaries of this city at all times shall be shown on a map to be retained permanently in the office of the city clerk and to be designated: 'Official Map of the Corporate Limits of the City of Lilburn, Georgia.' Photographic, typed, or other copies of such map certified by the city clerk shall be admit ted as evidence in all courts and shall have the same force and effect as with the original map.
(b) The city council may provide for the redrawing of any such map by ordinance to reflect lawful changes in the corporate boundaries. A redrawn map shall supersede for all purposes the entire map or maps which it is designated to replace.
(c) In addition to any territory lying within the corporate limits of the City of Lilburn, the corporate limits shall also include all of the property included in the tax parcels as set forth below, as those tax parcels are shown on the tax maps of Gwinnett County as of Janu ary 1, 1991, and all of the public roadways and rights of way adjacent to those parcels:
TAX PARCEL #6-121-87
Address: 33 Lancaster Court
All that tract or parcel of land lying and being in Land Lots 120 and 121 of the 6th District of Gwinnett County, Georgia, being Lot 52, Block C, Carrefour Place Subdivision, Unit 6, according to plat which is recorded in Plat Book 9, Page 13, Gwinnett County Records; which said plat is incorporated herein by reference and made apart hereof.
TAX PARCEL #6-121-88
Address: 13 Lancaster Court
All that tract or parcel of land lying and being in Land Lots 120 and 121 of the 6th District of Gwinnett County, Georgia, being Lot 53, Block C, Carrefour Place Subdivision, Unit 6, according to plat which is recorded in Plat Book 9, page 13, Gwinnett County Records; which said plat is incorporated herein by this reference and made apart hereof.
TAX PARCEL #6-121-123
Address: 5353 Mileo Place
All that tract or parcel of land lying and being in Land Lot 121 of the 6th District of

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Gwinnett County, Georgia, being Lot 15, Block C, Carrefour Place Subdivision, Unit 6, ac cording to plat which is recorded in Plat Book 21, page 31, Gwinnett County Records; which plat is incorporated herein by this reference and made apart hereof.
TAX PARCEL #6-149-89
Address: 4230 Highway 29
All that tract of land in Land Lot 149 of the 6th District of Gwinnett County, Georgia, more particularly described as follows: Beginning at a point as the southwest right-of-way line of Arcadia (or Arcado) Road 40-foot from the center line of said road at that point) 190 feet southeasterly as measured along said right-of-way line from the point of intersection of the southeast right-of-way line of U.S. Highway 29 (50 feet from the center line of said highway at that point) with the southwest right-of-way line or Arcadia (or Arcado) Road; running thence south 27 degrees 41 minutes 20 seconds east 493.76 feet to an iron pin found; thence south 69 degrees 45 minutes 238.42 feet to an iron pin found; thence south 27 degrees 16 minutes 40 seconds east 290.8 feet to an iron pin found on the southeast bound ary line of Land Lot 149; thence south 62 degrees 11 minutes 40 seconds west along the southeast boundary line of Land Lot 149 a distance of 453.04 feet to an iron pin found; thence north 27 degrees 42 minutes 40 seconds west 775.92 feet to an iron pin found; thence north 61 degrees 50 minutes 30 seconds east 182 feet to an iron pin found; thence north 27 degrees 24 minutes 10 seconds west 160 feet to an iron pin set on the southeast right-of-way line of U.S. Highway No. 29 (50 feet from the center line of said highway at that point); thence north 59 degrees 58 minutes east along the southeast right-of-way line of U.S. High way No. 29, 55 feet to an iron pin found; thence south 27 degrees 24 minutes 10 seconds east 161.80 feet to an iron pin found; thence north 61 degrees 50 minutes 30 seconds east 143.86 feet to an iron pin found; thence north 27 degrees 24 minutes 10 seconds west 166.51 feet to an iron pin found on the southeast right-of-way line of U.S. Highway No. 29; thence north 59 degrees 58 minutes east along said southeast right-of-way line of U.S. Highway No. 29, a distance of 79.17 feet to a point; thence northeasterly along the arc of a curve (radius 1959.06 feet) along said southeast right-of-way line of U.S. Highway No. 29, 36.27 feet to an iron pin found; thence south 27 degrees 24 minutes 10 seconds east 195 feet to an iron pin found; thence north 62 degrees 24 minutes 30 seconds east 195.82 feet to the iron pin found at the Point of Beginning; said parcel containing approximately 11.386 acres as shown on a plat of survey prepared for Ledo International Corporation, LTD., by Solar Land Surveying Company, dated August 27, 1982."
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 46, nays 0, and the substitute was adopted.
*HB 2148:
The Senate Committee on Urban and County Affairs offered the following amendment:
"199A5"m. end HB 2148 by striking "1994" from line 21 of page 2 and inserting in its place
By striking "1992" from line 8 of page 3 and inserting in its place "1993".
By striking "1993" from line 7 of page 4 and inserting in its place "1994".
By striking "1993" from line 7 of page 5 and inserting in its place "1994".
On the adoption of the amendment, the yeas were 46, nays 0, and the amendment was adopted.

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3233

*HB 2151:
The Senate Committee on Urban and County Affairs offered the following amendment:
Amend HB 2151 by striking "$50,000.00" from line 6 of page 1 and inserting in its place "$30,000.00".
By striking "$50,000.00" from line 27 of page 2 and inserting in its place "$30,000.00". By striking "$50,000.00" from line 17 of page 4 and inserting in its place "$30,000.00".
On the adoption of the amendment, the yeas were 46, nays 0, and the amendment was adopted.
*HB 2153:
The Senate Committee on Urban and County Affairs offered the following amendment:
"199A3"m. end HB 2153 by striking on line 3 of page 2 the number "1992" and inserting
By striking on line 15 of page 2 the number "1992" and inserting "1993". By striking from lines 11 and 12 of page 17 the following: "and the tax rate necessary". By striking lines 14 through 16 of page 17 and inserting the following: "the Columbus museum, public library, and public safety.".
On the adoption of the amendment, the yeas were 46, nays 0, and the amendment was adopted.
*HB 2161:
The Senate Committee on Urban and County Affairs offered the following substitute to HB 2161:
A BILL To be entitled an Act to amend an Act creating a new charter for the City of Garden City, approved April 17, 1973 (Ga. L. 1973, p. 3581), as amended, so as to extend the present corporate limits of said municipality and annex and incorporate certain additional land to said municipality; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act creating a new charter for the City of Garden City, approved April 17, 1973 (Ga. L. 1973, p. 3581), as amended, is amended by adding at the end of Section 1.11 a new subsection (h) to read as follows: "(h) In addition to the present corporate limits of Garden City, Georgia, as they exist at the time of the approval of this Act, the corporate limits of Garden City shall also include the following described tract of land: ALL that certain tract of land situate, lying, and being in the Eighth G.M. District of Chatham County, Georgia, described as follows: BEGINNING at a point where the northerly right-of-way line of U.S. Highway No. 80 intersects with the easterly right-of-way line of the Seaboard Coastline Railroad Company; running thence from said point of BE GINNING in a northwesterly direction along the easterly right-of-way line of the Seaboard Coastline Railroad Company to a point where the easterly right-of-way of the Seaboard Coastline Railroad Company intersects with the northerly right-of-way line of Georgia State

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Highway No. 307 (Bourne Avenue); running thence in a westerly direction along the northerly right-of-way line of Georgia State Highway No. 307 (Bourne Avenue) to a point where it intersects with the corporate limits of the City of Savannah; running thence in a general westerly direction along the corporate limits of the City of Savannah to a point where it intersects with the southwesterly right-of-way line of the Central of Georgia Rail road; running thence in a southeasterly direction along the southwesterly right-of-way line of the Central of Georgia Railroad to a point where the southwesterly right-of-way line of the Central of Georgia Railroad intersects with the northerly right-of-way line of U.S. High way No. 80; running thence in an easterly direction along the northerly right-of-way line of U.S. Highway No. 80 to a point where the northerly right-of-way line of U.S. Highway No. 80 intersects with the easterly right-of-way line of the Seaboard Coastline Railroad Com pany, being the point of BEGINNING."
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.
*HB 2164:
The Senate Committee on Urban and County Affairs offered the following amendment:
Amend HB 2164 by striking lines 14 through 17 of page 2 and inserting in lieu thereof the following:
"the governing authority of the City of Lumpkin who shall serve for an initial term of two years. Five members shall be appointed by the governing".
By adding following the word "therein" on line 12 of page 18 the following:
", provided that this Act shall not affect the City of Richland or its citizens and the authority shall not be authorized to operate within, construct, maintain, or operate any pro ject within, serve, acquire any property within the corporate limits of, or contract with the City of Richland".
On the adoption of the amendment, the yeas were 46, nays 0, and the amendment was adopted.
*HB 2178:
The Senate Committee on Urban and County Affairs offered the following amendment:
Amend HB 2178 by striking line 15 of page 1 and inserting in lieu thereof the following:
"provisions relating to compensation, expenses, and audits; to provide for other matters".
By adding between lines 5 and 6 of page 2 the following:
"amended by striking subsection (e) of Section 1 of said Act, as amended by said 1992 Act, and inserting in lieu thereof a new subsection (e) of Section 1 to read as follows:
'(e) The members of the board shall receive an annual salary for their services equal to 50 percent of the annual salary of the members of the board of commissioners of Glynn County excluding the chairman of the board of commissioners. Said salary shall be payable monthly out of the funds of the board of education of Glynn County.'
Section 2. Said Act is further".
By redesignating existing Section 2 as Section 3.

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3235

On the adoption of the amendment, the yeas were 46, 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 HB 1838 and HB 2024, 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
TMton Coleman Collins Dawkins D ea l Dean Echols Edge Egan

Foster Gillis
Hammill Hasty Henson Hookg
Huggins Johnson Langford Marable Moye Newbill Perdue Perry Phillips

Pollard Ragan of 10th
Ragan of 32nd Ramsey Ray gtarr
Steinberg ^ate Taylor Thompson Timmons Turner Tysinger Walker of 22nd White

Those not voting were Senators:

Alien English Garner (excused conferee) Harris

Hill Kidd Robinson Scott

Shumake Walker of 43rd (excused conferee)

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 586, HB 1094, HB 1577, HB 1838, HB 2024, HB 2035, HB 2062, HB 2082, HB 2143, HB 2148, HB 2151, HB 2153, HB 2161, HB 2164, HB 2178, having received the requisite constitutional majority, were passed.

HB 586, HB 2082, HB 2148, HB 2151, HB 2153, HB 2164 and HB 2178, having received the requisite constitutional majority, were passed as amended.

HB 1094, HB 1577, HB 2035, HB 2062, HB 2143 and HB 2161, having received the requisite constitutional majority, were passed by substitute.

HB 1838 and HB 2024 were moved to the Senate Local Contested Calendar for today.

SENATE LOCAL CONTESTED CALENDAR March 31, 1992
FORTIETH LEGISLATIVE DAY The following local bills of the House, having been favorably reported by the committee

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and moved to the Senate Local Contested Calendar for today, pursuant to Senate Rule 113, were put upon their passage:
HB 1838. By Representative Williams of the 90th: A bill to be entitled an Act to amend an Act providing that the governing author ity of Richmond County shall be a board of commissioners consisting of a chair man and nine other members and designating the board as the Augusta-Rich mond County Commission-Council and the members of the board of commissioners as commissioners-councilpersons, so as to provide for a board of commissioners of 12 members.
The Senate Committee on Urban and County Affairs offered the following amendment:
Amend HB 1838 by striking line 8 of page 1 and inserting the following:
"a board of commissioners of 12 members; to provide that the commission-council shall exercise the powers and duties of the governing authority of the City of Augusta, City of Hepzibah, and City of Blythe; to add and describe".
By striking line 25 of page 1 and inserting the following:
"a transition team; to provide for the reorganization of the governments of the City of Hepzibah and the City of Blythe and the consolidation of the governing authorities of such cities with the governing authority of Richmond County; to".
By striking line 28 of page 1 and inserting the following:
"this Act shall stand void and repealed; to provide a contingent effective date; to pro vide for related".
By striking line 25 of page 2 and inserting the following:
"the City of Augusta, the City of Hepzibah, the City of Blythe, and Richmond County and to any".
By striking line 28 of page 2 and inserting the following:
"Augusta, City of Hepzibah, City of Blythe, and Richmond County. The commissioncouncil".
By striking line 1 of page 3 and inserting the following:
"authority of the City of Augusta, City of Hepzibah, City of Blythe and municipalities". By striking line 27 of page 9 and inserting the following:
"following the first Monday in November, 1994, for the".
By striking line 8 of page 10 and inserting the following:
"on the first day of January, 1995, for a term of.
By striking line 15 of page 10 and inserting the following:
"first day of January, 1995, for initial terms of.
By striking line 26 of page 11 and inserting the following:
"November, 1994. The chairman-mayor shall be elected for".
By striking line 28 of page 11 and inserting the following:
"January 1, 1995, and until his or her successor is".
By striking line 7 of page 12 and inserting the following:
"elected at the special election in November, 1994,".

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3237

By striking lines 9 and 10 of page 12 and inserting the following:
"executive officer of Richmond County, the City of Augusta, City of Hepzibah, and City of Blythe. The chairman-mayor shall possess and".
By striking line 17 of page 12 and inserting the following:
"Richmond County, the City of Augusta, City of Hepzibah, and City of Blythe for".
By striking lines 24 through 26 of page 12 and inserting the following:
"behalf of Richmond County, the City of Augusta, City of Hepzibah, and City of Blythe and all other contracts and instruments executed by the county and one or more of the cities".
By striking lines 29 and 30 of page 12 and inserting the following:
"and resolutions of Richmond County, the City of Augusta, City of Hepzibah, and City of Blythe are faithfully executed;".
By inserting between lines 7 and 8 of page 14 the following:
"Section 7. Said Act is further amended by striking in its entirety Section 8 and in serting a new section to read as follows:
'Section 8. (a) The bonded indebtedness of the City of Augusta which is outstanding on January 1, 1994, shall become the debt and obligation of a special tax district which shall correspond to and be conterminous with the corporate limits of the City of Augusta as said corporate limits existed on December 31, 1993. The ad valorem taxes imposed by the City of Augusta prior to January 1, 1994, to retire such bonded indebtedness shall continue to be imposed by the commission-council within the special tax district in the same manner and to the same extent that such ad valorem taxes were heretofore imposed by the City of Au gusta in accordance with the terms of the obligations of such bonded indebtedness. The commission-council, as the governing authority of the City of Augusta, shall be the successor to the heretofore existing governing authority of the City of Augusta for all purposes relat ing to such bonded indebtedness, including the enforcement of rights and remedies of bondholders.
(b) The bonded indebtedness of the City of Hepzibah which is outstanding on January 1, 1994, shall become the debt and obligation of a special tax district which shall correspond to and be conterminous with the corporate limits of the City of Hepzibah as said corporate limits existed on December 31, 1993. The ad valorem taxes imposed by the City of Hepzibah prior to January 1, 1994, to retire such bonded indebtedness shall continue to be imposed by the commission-council within the special tax district in the same manner and to the same extent that such ad valorem taxes were heretofore imposed by the City of Hepzibah in ac cordance with the terms of the obligations of such bonded indebtedness. The commissioncouncil, as the governing authority of the City of Hepzibah, shall be the successor to the heretofore existing governing authority of the City of Hepzibah for all purposes relating to such bonded indebtedness, including the enforcement of rights and remedies of bondholders.
(c) The bonded indebtedness of the City of Blythe which is outstanding on January 1, 1994, shall become the debt and obligation of a special tax district which shall correspond to and be conterminous with the corporate limits of the City of Blythe as said corporate limits existed on December 31, 1993. The ad valorem taxes imposed by the City of Blythe prior to January 1, 1994, to retire such bonded indebtedness shall continue to be imposed by the commission-council within the special tax district in the same manner and to the same ex tent that such ad valorem taxes were heretofore imposed by the City of Blythe in accor dance with the terms of the obligations of such bonded indebtedness. The commission-coun cil, as the governing authority of the City of Blythe, shall be the successor to the heretofore existing governing authority of the City of Blythe for all purposes relating to such bonded indebtedness, including the enforcement of rights and remedies of bondholders.
(d) The bonded indebtedness of Richmond County outstanding on January 1, 1994,

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shall not be affected by this Act, and the commission-council, as the governing authority of Richmond County, shall become the successor to the heretofore existing governing authority of Richmond County for all purposes relating to such bonded indebtedness, including the enforcement of rights and remedies of bondholders.' "
By renumbering Sections 7 and 8 as Sections 8 and 9, respectively.
By striking lines 19 through 27 of page 15 and inserting the following:
"Section 10. Said Act is further amended by striking Section 16 in its entirety and inserting a new section to read as follows:
'Section 16. The governments of the City of Hepzibah and the City of Blythe shall be reorganized and the governing authorities of such cities shall be consolidated with the gov erning authority of Richmond County on the same terms and conditions as the government of the City of Augusta is reorganized and the governing authority of the City of Augusta is consolidated with the governing authority of Richmond County by this Act. Such reorgani zation and consolidation shall comply with the applicable provisions of the Constitution and laws of Georgia, including but not limited to Article IX, Section III, Paragraph II of the Constitution of 1983, and Code Sections 36-68-1 through 36-68-3 of the O.C.G.A.'
Section 11. Said Act is further amended by renumbering Sections 20 through 22 as Sections 21 through 23, respectively, and inserting a new Section 20 to read as follows:
'Section 20. The commission-council shall create a Department of Law to provide legal counsel and representation for Richmond County. The commission-council shall be author ized to appoint one or more attorneys and other personnel as staff members of the Depart ment of Law.'"
By renumbering Sections 10 and 11 as Sections 12 and 13, respectively.
By inserting between lines 3 and 4 of page 17 the following:
"Section 14. This Act shall become effective on January 1, 1994, only if each of the following events has occurred:
(1) The Act providing that the governing authority of Richmond County shall be a board of commissioners and designating the board as the Augusta-Richmond County Com mission-Council, approved March 15, 1988 (Ga. L. 1988, p. 3971), as amended by this Act, is approved by the governing authorities of the City of Hepzibah and the City of Blythe; and
(2) The charters of the City of Hepzibah and the City of Blythe are repealed by local Acts of the General Assembly and such repeal is approved by a majority of the voters voting in each such city in a referendum election as provided by the Constitution and laws of the State of Georgia."
By renumbering Section 12 as Section 15.
Senator Broun of the 46th moved that Senator Tysinger of the 41st be excused from voting due to his performing his duty as chairman of the World Congress Center Overview Committee.
On the motion, the yeas were 35, nays 0; the motion prevailed, and Senator Tysinger of the 41st was excused from voting.
Senator Bowen of the 13th moved that Senator Harris of the 27th be excused from the Senate due to personal business.
On the motion, the yeas were 41, nays 0; the motion prevailed, and Senator Harris of the 27th was excused from the Senate.
On the adoption of the amendment, the President ordered a roll call, and the vote was as follows:

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3239

Those voting in the affirmative were Senators:

Alien Baldwin Bishop Broun of 46th Brown of 26th Coleman rUipGnail
Dean English Foster Garner

Gillis Hammill Hasty Henson Hill Hooks Kidd Langford Marable Ragan of 10th

Ray Robinson Starr Steinberg Tate Taylor Thompson Timmons Walker of 22nd Walker of 43rd

Those voting in the negative were Senators:

Albert Burton Clay Collins Dawkins Echols Edge

Egan Huggins Johnson Moye Newbill Perdue

Perry Phillips Pollard Ragan of 32nd Turner White

Those not voting were Senators:

Bowen Harris (excused)

Ramsey Scott

Shumake Tysinger (excused)

On the adoption of the amendment, the yeas were 31, nays 19, and the amendment was adopted.

The report of the committee, which was favorable to the 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 Burton Clay Collins Dawkins Echols

Edge Egan Johnson Moye Newbill Perdue

Perry Phillips Pollard Ragan of 32nd
Turner White

Those voting in the negative were Senators:

Alien Baldwin Bishop Broun of 46th Brown of 26th Coleman Deal Dean English Foster Garner

Gillis Hammill Hasty Henson Hill Hooks Huggins Kidd Langford Marable Ragan of 10th

Ray Robinson Starr Steinberg
T1 adfirep
Taylor Thompson Timmons Walker of 22nd Walker of 43rd

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Those not voting were Senators:

Bowen Harris (excused)

Ramsey Scott

Shumake Tysinger (excused)

On the passage of the bill, the yeas were 18, nays 32.

The bill, having failed to receive the requisite constitutional majority, was lost.

HB 2024. By Representative Connell of the 87th:
A bill to amend an Act providing a charter for the City of Augusta, so as to change the provisions limiting the succession in office of the mayor and council members.

The Senate Committee on Urban and County Affairs offered the following amendment:

Amend HB 2024 by striking line 27 of page 1 and lines 1 through 3 of page 2 and inserting the following:
"or herself in office; provided, however, that a mayor who has completed three or more consecutive three-year terms shall not be eligible to serve more than one additional consecu tive term of four years until after the expiration of a period of four years; provided, further, that a mayor shall not be eligible to succeed himself or herself after the expiration of a second consecutive four-year term for a period of four years.' "

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

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

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

Those voting in the affirmative were Senators:

Alien Baldwin Bishop Brown of 26th Burton Clay Coleman Dawkins Dean Echols Edge Egan English

Foster Gillis Hammill Hasty Hooks Huggins Kidd Langford Marable Newbill Perdue Perry Pollard

Ragan of 10th Ragan of 32nd Ramsey Ray Starr Tate Taylor Thompson Timmons Turner Walker of 22nd Walker of 43rd White

Voting in the negative were Senators Albert and Collins.

Those not voting were Senators:

Bowen Broun of 46th

Deal (excused conferee) Garner (excused conferee)

Harris (excused) Henson

TUESDAY, MARCH 31, 1992

3241

Hill

Phillips

Johnson (excused conferee) Robinson

Moye

Scott

Shumake Steinberg Tysinger (excused)

On the passage of the bill, the yeas were 39, nays 2.

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

SB 505. By Senators Broun of the 46th, Bowen of the 13th and Foster of the 50th:
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 House has passed, as amended, by the requisite constitutional majority the follow ing bill of the Senate:

SB 255. By Senators Langford of the 35th and Albert of the 23rd:
A bill to amend Code Section 16-5-23 of the Official Code of Georgia Annotated, relating to the offense of simple battery, so as to provide that a person who com mits the offense of simple battery against a police officer engaged in carrying out official duties shall, upon conviction, be punished for a misdemeanor of a high and aggravated nature.

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

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

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.

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Senator Kidd of the 25th moved that the Senate adhere to the Senate amendments to HB 277, and that a Conference Committee be appointed.

On the motion, the yeas were 32, nays 0; the motion prevailed, and the Senate adhered to the Senate amendments to HB 277.

The President appointed as a Conference Committee on the part of the Senate the following:
Senators Kidd of the 25th, Pollard of the 24th and Garner of the 30th.

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

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.

Senator Starr of the 44th moved that the Senate recede from the Senate substitute to HB 1004.

On the motion, 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 Egan Foster Gillis

Hammill Hasty Henson Hooks Huggins Kidd Langford Marable Moye Newbill Perdue Perry

Phillips Pollard Ragan of 32nd Ramsey Ray Robinson Starr Tate Timmons Turner Walker of 43rd White

Those not voting were Senators:

Albert Alien Bishop Bowen Broun of 46th Edge English

Garner (excused conferee) Harris (excused) Hill Johnson (excused conferee) Ragan of 10th Scott

Shumake Steinberg Taylor Thompson Tysinger (excused) Walker of 22nd

On the motion, the yeas were 37, nays 0; the motion prevailed, and the Senate receded from the Senate substitute to HB 1004.

Senator Moye of the 34th moved that Senator Broun of 46th be excused from the Senate.

TUESDAY, MARCH 31, 1992

3243

On the motion, the yeas were 36, nays 0; the motion prevailed, and Senator Broun of the 46th was excused from the Senate.

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

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.

The House amendment to the Senate substitute to HB 1106 was as follows:

Amend the Senate substitute to HB 1106 by adding a sentence on page 4, line 26, im mediately following the period, as follows:
"The authority shall constitute a political subdivision within the meaning of Code Sec tion 6-3-22 as enacted by the Georgia General Assembly in its 1992 regular session in Senate Bill 173."

Senator Hooks of the 14th moved that the Senate agree to the House amendment to the Senate substitute to HB 1106.

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

Those voting in the affirmative were Senators:

Albert Baldwin Bishop Clay
Co""18 Dawkins Deal Dean Echols Edge English Foster Garner

Gillis Hammill Hasty Hill
Hoks Huggms Kidd Marable Moye Newbill Perry Phillips Pollard

Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Q,
Thompson Timmons Turner White

Voting in the negative were Senators Burton and Langford.

Those not voting were Senators:

Alien Bowen BBrroowunn ooff 4266tthh (excused) Coleman Egan

Harris (excused) Henson JToh, nson Perdue Scott

Shumake Steinberg ,,Tysm ger ,(excused..), Walker of 22nd Walker of 43rd

On the motion, the yeas were 38, nays 2; the motion prevailed, and the Senate agreed to the House amendment to the Senate substitute to HB 1106.

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

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.

The House amendment to the Senate substitute to HB 1574 was as follows:

Amend the Senate substitute to HB 1574 by striking line 12 of page 1 and inserting the following:
"with respect to physical therapist assistants; to define a physical therapy aide; to change".
By inserting, between lines 3 and 4 of page 10, the following:
"Section 8. Said chapter is further amended by adding a new Code section immediately following Code Section 43-33-13, to be designated Code Section 43-33-13.1, to read as follows:
'43-33-13.1. A physical therapy aide is one, other than a licensed physical therapist or physical therapy assistant, who is employed to assist a licensed physical therapist or a li censed physical therapist assistant by performing under direct supervision those acts, ser vices, practices, and procedures as authorized under this chapter and approved by the board by rule or regulation.'".
By renumbering Sections 8 through 15 as Sections 9 through 16, respectively.

Senator Kidd of the 25th moved that the Senate agree to the House amendment to the Senate substitute to HB 1574.

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

Those voting in the affirmative were Senators:

Albert Alien Bishop Burton Clay Collins Dawkins
FUlicaaall
Uean Echols Edge Egan English Foster Garner Gillis

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 Tate Taylor Thompson Turner Walker of 22nd Walker of 43rd White

Those not voting were Senators:

Baldwin Bowen Broun of 46th (excused) Brown of 26th

Coleman Harris (excused) Shumake

Steinberg Timmons Tysinger (excused)

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3245

On the motion, the yeas were 46, nays 0; the motion prevailed, and the Senate agreed to the House amendment to the Senate substitute to HB 1574.
The following bill of the Senate was taken up for the purpose of considering the House action thereon:
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.
Senator Deal of the 49th moved that the Senate adhere to its disagreement to the House substitute to SB 260, and that a Conference Committee be appointed.
On the motion, the yeas were 34, nays 0; the motion prevailed, and the Senate adhered to its disagreement to the House substitute to SB 260.
The President appointed as a Conference Committee on the part of the Senate the following:
Senators Deal of the 49th, Baldwin of the 29th and Scott of the 36th.
Senator Henson of the 55th introduced Mrs. Agnes Cowan who was commended by SR 562, adopted previously.
Senator Gillis of the 20th introduced Mr. Don Pope, plant manager of McDonnell Douglas Corporation, Macon, Georgia, who was commended by SR 579, adopted previously, and he briefly addressed the Senate.
The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:
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.
The House substitute to SB 473 was as follows:
A BILL
To be entitled an Act to amend Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, so as to change the provisions relating to the filing of the complaint on which a warrant is issued; to provide for procedures, time limits, and require ments for the filing of complaints; to provide an effective date: to provide for applicability; to provide that a plea of not guilty by reason of insanity at the time of the crime and an adjudication of such shall not be accepted until after an examination has been conducted on such person; to provide for outpatient treatment; to provide for immunity from liability; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 17 of the Official Code of Georgia Annotated, relating to criminal proce dure, is amended by striking Code Section 17-5-22, relating to issuance of search warrants by judicial officers generally and maintenance of docket records of warrants issued, and in serting in lieu thereof a new Code Section 17-5-22 to read as follows:
"17-5-22. All warrants shall state the time and date of issuance and are the warrants of the judicial officer issuing the same and not the warrants of the court in which he is then sitting. Such warrants need not bear the seal of the court or clerk thereof. The warrant, the complaint on which the warrant is issued need not, the affidavit or affidavits supporting the warrant, and the returns shall be filed with the clerk of the court of the judicial officer issuing the same, or with the court if there is no clerk, at the time until the warrant has been executed or has been returned 'not executed'; provided, however, the judicial officer shall keep a docket record of all warrants issued by him and upon issuing any warrant he shall immediately record the same, within a reasonable time, on the docket."
Section 2. Said title is further amended by inserting a new paragraph (2.1) of subsection (b) of Code Section 17-7-131, relating to proceedings upon plea of insanity or mental incompetency at the time of the crime, to read as follows:
"(2.1) A plea of not guilty by reason of insanity at the time of the crime shall not be accepted and the defendant adjudicated not guilty by reason of insanity by the court with out a jury until the defendant has undergone examination by a licensed psychologist or psychiatrist and the court has examined the psychological or psychiatric reports, has held a hearing on the issue of the defendant's mental condition, and the court is satisfied that the defendant was insane at the time of the crime according to the criteria of Code Section 16-32 or 16-3-3."
Section 3. Said title is further amended by striking subparagraphs (e) (5) (B) and (e) (5) (E) of said Code Section 17-7-131 and inserting in lieu thereof the following:
"(B) If the defendant successfully completes all requirements during this period of con ditional release, the court shall discharge the individual from commitment at the end of that period. Such individuals may be referred for community mental health, mental retardation, or substance abuse services as appropriate. The court may require the individual to partici pate in outpatient treatment or any other services or programs authorized by Chapter 3, 4, or 7 of Title 37."
"(E) The Department of Human Resources and any community services providers, in cluding the employees and agents of both, providing supervision or treatment during a pe riod of conditional release shall not be held criminally or civilly liable for any acts commit ted by a defendant placed by the committing court on a period of conditional release."
Section 4. This Act shall become effective on July 1, 1992, and shall apply to all search warrants issued on or after such date.
Section 5. All laws and parts of laws in conflict with this Act are repealed.

Senator Deal of the 49th moved that the Senate agree to the House substitute to SB 473.

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

Those voting in the affirmative were Senators:

Alien Baldwin Bishop Brown of 26th Burton Clay

Collins Dawkins Deal Dean Echols Edge

Egan English Foster Garner Gillis Hammill

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3247

Henson Hill Hooks Huggins Johnson Kidd Langford
Marable
Moye

Newbill Perdue Perry Phillips Pollard Ragan of 32nd Ramsey
Robinson
Scott

Starr Tate Taylor Thompson _. Timmons Turner
Walker of 43rd
White

Those not voting were Senators:

Albert Bowen Broun of 46th (excused) Coleman

Harris (excused) Hasty Ragan of 10th Ray

Shumake Steinberg Tysinger (excused) Walker of 22nd

On the motion, the yeas were 44, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 473.

The following bill of the House was taken up for the purpose of considering the Confer ence Committee report thereon:

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.

The Conference Committee report on HB 1657 was as follows:
The Committee of Conference on HB 1657 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference substitute to HB 1657 be adopted.
Respectfully submitted,

FOR THE SENATE:
/s/ Wayne Garner Senator, 30th District
/s/ George B. Hooks Senator, 14th District
/s/ Gene Walker Senator, 43rd District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Sonny Dixon Representative, 128th District
/s/ Bob Hanner Representative, 131st District
/s/ Tommy Smith Representative, 152nd District

Conference Committee substitute to HB 1657:

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

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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 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, e_ach 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
EMANUEL COUNTY BULLOCH COUNTY CANDLER COUNTY TOOMBS COUNTY MONTGOMERY COUNTY TATTNALL COUNTY EVANS COUNTY BRYAN COUNTY LIBERTY COUNTY LONG COUNTY APPLING COUNTY WAYNE COUNTY MCINTOSH COUNTY BACON COUNTY PIERCE COUNTY

TUESDAY, MARCH 31, 1992

3249

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 (Part)
Tract: 0039. Block(s): 203, 204, 205, 206, 207, 208, 209, 210, 211, 301A, 302, 303, 304, 305, 306,
307, 308, 309 311A VTD: 0013 1-13 (Part)
Tract: 0102. Block(s): 202, 203, 204, 205, 301, 302, 303, 304, 305, 306, 307
VTD: 0022 2-9 VTD: 0024 3-1 VTD: 0025 3-2 VTD: 0026 3-3 (Part)
Tract: 0036.01 Block(s): 103, 108, 109, 115, 116, 120, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 301, 302, 303, 304, 305, 306A, 307
Tract: 0036.02 Block(s): 101A
Tract: 0037. Block(s): 108, 109, 110, 111, 112, 113, 118, 119, 120, 201A, 201B, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216
Tract: 0101.01 Block(s): 323
VTD: 0028 3-5 VTD: 0029 3-6 (Part)
Tract: 0035.02 Block(s): 108, 118, 119, 120, 121, 122, 123, 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 VTD: 0031 3-8 VTD: 0032 3-9 VTD: 0033 3-10 VTD: 0034 4-1 VTD: 0036 4-3 VTD: 0037 4-4 VTD: 0038 4-5 VTD: 0039 4-6 VTD: 0041 4-8 VTD: 0042 4-9 VTD: 0043 4-10 (Part)
Tract: 0101.02 Block(s): 315B, 402, 403B, 404, 411, 412, 413
Tract: 0110.02 Block(s): 103

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Tract: 0110.04 Block(s): 101A, 101B, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 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
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: 0069 7-5 (Part)
Tract: 0107.98 Block(s): 101A, 102, 103, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 117A, 118A, 123, 124B, 125, 126, 127A, 127B, 128, 129, 130A, 130B, 131, 132, 154A, 154B, 188, 189A, 189B, 190A, 190B, 191, 192, 193, 194, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 316A, 316B, 317A, 317B, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331
Tract: 0112.98 Block(s): 367B
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: 0077 8-2 (Part)
Tract: 0106.01 Block(s): 315, 620A, 620B
Tract: 0106.04 Block(s): 129A, 130, 131A
Tract: 0106.05 Block(s): 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146C, 147, 148, 149, 150, 151B, 152B, 153, 154B, 162, 163, 164, 165, 166, 167, 168, 169A, 169B, 170A, 170B, 171A, 171B, 172A, 172B
VTD: 0086 5-11 EFFINGHAM COUNTY
VTD: 0001 FAULKVILLE 1 VTD: 0002 GUYTON 2A VTD: 0003 HODGEVILLE 2B VTD: 0004 SHAWNEE 3A (Part)
Tract: 0301. Block(s): 108, 111, 112, 113, 114, 115, 116, 117, 118, 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, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 181, 214, 215, 216, 217, 218, 219, 220, 221, 222, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251,

TUESDAY, MARCH 31, 1992

3251

252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 285, 292, 313, 314, 315, 316, 317, 318, 319, 323, 324 VTD: 0005 CLYO 3B (Part) Tract: 0301. Block(s): 119, 150, 151, 160, 161, 162, 163, 211, 213, 294, 295, 296 Tract: 0302. Block(s): 130, 131, 135, 140, 141, 142, 150, 151, 152, 153, 154, 155, 159 VTD: 0006 MASONIC LODGE 3C AND SPRINGFIELD 4 (Part) Tract: 0301. Block(s): 212, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 284, 286, 287, 291, 293, 297, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 320, 321, 322, 325, 326, 327, 328, 329, 330, 331, 332 Tract: 0302. Block(s): 132, 133, 134, 137, 138, 139, 163, 164, 165, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 184, 185, 186, 202, 203, 204, 205, 206, 207, 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, 246, 247, 248, 249, 250A, 250B, 251, 252, 253A, 253B, 254A, 254B, 255A, 255B, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265, 266, 267, 268, 269, 270, 271, 272, 273, 274, 275, 276, 277, 278, 279, 280, 281, 282, 283, 284, 285, 286, 287, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316A, 316B, 317B, 317C, 319A, 319B, 320, 321, 322, 323, 324, 325, 326A, 326B, 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, 360A, 360B, 361A, 361B, 362, 363A, 363B, 364, 365, 366, 367, 368, 369, 370, 371, 372, 373, 374, 374, 376, 377, 401, 402, 403, 404, 405A, 405B, 406, 407, 408, 410, 412, 423, 424, 425, 426A, 426B, 427A, 427B, 428, 429, 430, 431, 433A, 437, 439, 440, 441 Tract: 0303.98 Block(s): 103, 116, 118, 119, 120, 121, 129, 130, 132 VTD: 0008 RINCON 5 (Part) Tract: 0303.98 Block(s): 105, 109, 110, 111, 112, 113A, 113B, 113C, 114, 115, 124A, 124B, 125, 126A, 126B, 127, 128, 131, 135B, 137, 138A, 138B, 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, 173A, 173B, 174, 175, 176, 177, 178, 179, 180A, 180B, 181, 182A, 182B, 183B, 184, 191, 192, 193, 194, 201A, 201B, 202A, 202B, 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, 246, 247, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316A, 316B, 316C, 316D, 318, 319, 320, 321, 322, 323, 324, 325, 326, 333, 334, 335, 336, 337, 338, 339, 340, 341A, 341B, 343A, 343B, 344, 345, 346, 347, 348, 349, 350, 351, 352, 353, 354, 355, 356, 357, 358, 359, 360, 361, 362, 363, 364, 365, 366, 367A
District: 2
TALBOT COUNTY TAYLOR COUNTY MARION COUNTY MACON COUNTY SCHLEY COUNTY STEWART COUNTY WEBSTER COUNTY SUMTER COUNTY QUITMAN COUNTY TERRELL COUNTY RANDOLPH COUNTY

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CLAY COUNTY CALHOUN COUNTY EARLY COUNTY 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: 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: 0033 RUTLAND 02 (Part)
Tract: 0130. Block(s): 201C, 202, 231C, 232B, 273B, 274C, 275, 276B, 277B, 278B, 279C, 281B, 281C
Tract: 0135.02
Block(s): 128, 131, 132, 201, 202, 203, 204, 213, 214, 215, 301, 302, 304, 309A, 309B, 309C, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320
VTD: 0034 VINEVILLE 01 VTD: 0035 VINEVILLE 02 VTD: 0036 VINEVILLE 03 VTD: 0037 VINEVILLE 04 VTD: 0038 VINEVILLE 05 VTD: 0040 VINEVILLE 07 (Part)
Tract: 0102. Block(s): 204, 205, 215, 301, 302, 303, 305, 306
Tract: 0103. Block(s): 202, 203
VTD: 0041 VINEVILLE 08 (Part) Tract: 0119. Block(s): 104, 105, 106, 111, 115
VTD: 0043 MACON 02 VTD: 0044 MACON 01 CHATTAHOOCHEE COUNTY VTD: 0001 CUSSETA (Part)
Tract: 0201. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114A, 114B, 115A, 115B, 116A, 116B, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134A, 134B, 135A, 135B, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159A, 159B, 160, 161A, 161B, 162A, 162B, 163, 164A, 164B, 165A,

TUESDAY, MARCH 31, 1992

3253

165B, 165C, 166A, 166B, 167, 168, 169A, 169B, 170A, 170B, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 184, 185, 186, 187, 188, 189, 190, 191, 192, 193, 194, 195, 196, 197, 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, 246, 247, 248, 249, 250 Tract: 0202. Block(s): 901A, 901B, 901C, 901D, 901E, 901F, 902, 903, 904, 905, 906, 907, 908, 909, 910, 911, 912, 913, 914, 915, 916, 917, 918, 919, 920, 921 COLQUITT COUNTY VTD: 0001 BRIDGE CREEK (Part) Tract: 9709. Block(s): 305, 306, 307 VTD: 0004 FUNSTON (Part) Tract: 9709. Block(s): 222, 223, 301C, 302, 303, 304, 308B, 314B, 315, 316, 321 VTD: 0006 HARTSFIELD VTD: 0010 MOULTRIE (Part) Tract: 9703. Block(s): 216, 433, 523, 524, 525, 616, 617 Tract: 9704. Block(s): 113, 114, 115, 116, 117, 118, 122, 123, 124, 125, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265 Tract: 9707. Block(s): 205, 206, 207, 208 ,209, 210, 211, 212, 213, 214, 215, 216, 221, 222, 223, 224, 225, 226, 227, 228, 229, 236, 237, 238, 239, 240, 241, 242, 250, 251, 252, 253, 254, 255, 256, 301, 302, 303, 304, 305, 306, 307, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 332, 333, 334 Tract: 9708.
Block(s): 101, 102, 103, 104, 105, 106, 107, 108A, 108B, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 205, 206, 207, 308, 209, 210, 211, 214, 215, 216, 301C
Tract: 9709. Block(s): 129A, 131, 134, 135, 136, 301A, 325B
VTD: 0018 SHAW CRAWFORD COUNTY
VTD: 0002 2 VTD: 001B IB CRISP COUNTY VTD: 0001 CORDELE (Part)
Tract: 9801. Block(s): 118, 119, 120, 122, 123, 124, 204, 205A, 205B, 206, 211, 212, 213, 263A, 264A, 265A, 266A, 306A, 307A, 307B, 308A, 308B, 308C, 380D, 309A, 309B, 310, 311, 312, 313, 314, 315, 316, 317, 318, 320, 321, 364, 365, 366, 367
Tract: 9802. Block(s): 144A, 148, 168A, 168C, 168D, 168F, 169, 170, 171, 172, 173A, 173B, 173C, 173F, 173G, 179A, 179B, 179C, 180, 181, 182A, 182B, 182C, 183, 196A, 197A, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 315, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 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, 327A, 327B, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412A, 412B, 412C, 413A, 413B, 414A, 414B, 415A, 415B, 416A, 416B, 417A, 417B, 418, 419, 420A, 420B, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 453, 454A, 454B, 454C, 454D

3254

JOURNAL OF THE SENATE

Tract: 9803. Block(s): 304, 305, 306, 307, 308, 309, 310, 311, 324, 325, 326, 327, 328, 329, 330, 351, 352, 353, 354, 357, 358, 359, 360
Tract: 9804. Block(s): 303, 304, 305, 306, 309, 311, 312, 313, 314, 315, 316, 317, 318, 321, 322, 323, 324, 325, 326, 331, 332, 333, 334, 340, 341A, 341B, 419, 420A, 420B, 420C, 420D, 420E, 421, 422, 423A, 423B, 423C, 424A, 424B, 425, 426, 427, 428A, 428B, 428C, 429, 430, 431, 433
DOOLY COUNTY VTD: 0001 VIENNA 535 VTD: 0004 DRAYTON 633 VTD: 0006 BYROMVILLE 585 VTD: 0007 DOOLING 640 VTD: 0008 PINEHURST 1479 VTD: 0009 UNADILLA 1466 VTD: 0010 LILLY 1671
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: 0027 SYLVANDALE ELEMENTARY SCH
HOUSTON COUNTY VTD: 0001 RUMB (Part) Tract: 0205. Block(s): 217, 218, 219, 220, 236, 237, 238, 239, 240A, 240B, 241A, 241B, 242, 243, 244, 245, 246 Tract: 0207. Block(s): 101A, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 301, 302, 303, 304, 305, 306, 308B, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 412, 413, 414, 415, 416, 417, 418 Tract: 0208. Block(s): 401, 402 VTD: 0003 MSSH (Part) Tract: 0201.03 Block(s): 302, 304, 305, 306A, 306B, 308A, 308B, 309, 310, 311, 312, 313A, 313B, 314, 315, 316, 317, 318, 319 Tract: 0202. Block(s): 101 Tract: 0203. Block(s): 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, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410 Tract: 0204. Block(s): 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124 VTD: 0004 RECR (Part)

TUESDAY, MARCH 31, 1992

3255

Tract: 0201.03 Block(s): 307A, 307B
Tract: 0203. Block(s): 102A, 102B, 103, 104, 105, 106, 107, 108 109, 110, 111, 112, 113, 114A, 115, 116, 301
Tract: 0204. Block(s): 101A, 101B, 102, 103, 104, 105, 106, 107, 108 109, 110, 111, 112, 113, 126
Tract: 0205. Block(s): 101A, 101B, 102, 103, 104, 105, 113A, 113B, 114A, 114B
Tract: 0206. Block(s): 903, 904
VTD: 0008 NSJH (Part) Tract: 0201.01 Block(s): 117, 118A, 118B Tract: 0201.02 Block(s): 224, 225, 226, 301B, 307A, 307B, 307C, 410, 413, 416, 421, 422A, 422B, 423, 424, 425
VTD: 0012 CENT (Part) Tract: 0201.01 Block(s): 112A, 112B, 113, 114, 115, 116, 217, 221, 222A, 222B, 223, 313, 314, 401, 402, 403, 404, 405, 406A, 406B, 406C, 407A, 407B, 407C, 408B, 408C, 409, 410, 411A, 411B, 412 Tract: 0201.02 Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109 110, 111, 112, 113, 114, 115, 204, 205, 210 Tract: 0202. Block(s): 408
VTD: 0013 ANNX (Part) Tract: 0211.01 Block(s): 303
VTD: 0014 N13 VTD: 0015 12TH (Part)
Tract: 0215.02 Block(s): 204, 211, 223, 224, 225, 226, 227, 228, 229, 230, 232, 233, 234, 235, 236, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265, 266, 269, 270, 271, 272, 273, 274, 275, 276, 277, 278, 279, 280, 281, 282, 283, 284, 285, 286, 287, 288, 289, 290, 291, 292,293, 294, 295, 296, 297
VTD: 0016 TOWN (Part) Tract: 0212. Block(s): 304A, 340B, 305, 306, 307, 308, 401, 402, 403, 404, 405, 406, 407, 408 409, 410, 411, 412, 413, 414, 501, 502, 503, 504, 505, 506, 507, 509, 535, 536, 537, 601, 602, 603, 604, 605, 606, 607, 608, 609, 610, 632, 705, 706, 707, 708, 711, 712, 713, 714, 715, 716, 717 Tract: 0213. Block(s): 118, 119A, 119B, 119C, 120, 121A, 121B, 121C, 122, 123, 124, 125, 126, 127, 128, 129A, 129B, 129C, 130, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 301, 302A, 302B, 305, 306, 307, 308, 309A, 309B, 310, 311A, 311B, 311C, 312, 313A, 313B, 313C, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 333, 334, 335, 336, 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, 427A, 427B, 429A, 430A Tract: 0214. Block(s): 101A, 101B, 102, 103, 104, 105, 106, 107, 108, 109, 110, 119, 120A, 120B, 121, 403, 404, 405A, 405B, 406A, 406B, 406C, 508, 509, 510, 513
LEE COUNTY VTD: 0001 CHOKEE

3256

JOURNAL OF THE SENATE

VTD: 0003 LEESBURG (Part) Tract: 0202. Block(s): 160, 162, 163, 192, 194, 195, 196 Tract: 0203. Block(s): 202, 203, 204, 205, 211, 402, 403, 404, 405, 413, 414, 416, 417, 418, 419, 420, 421A, 421B, 422, 423, 425, 426, 427, 428, 429, 431A, 434A, 450, 451, 452, 453, 454, 455, 456, 457, 458, 459, 460, 461, 473, 474, 485A, 485B, 486, 487, 490, 491, 493, 494, 495, 496, 497, 514, 516, 517, 518, 519, 520, 521, 522, 523, 524, 528, 529, 530, 531, 532, 533, 534, 535, 536, 537, 548, 549
VTD: 0006 SMITHSVILLE LOWNDES COUNTY
VTD: 0002 MINEOLA (Part) Tract: 0102. Block(s): 416, 460, 463, 464, 465, 466, 473, 474, 484, 488, 489, 490, 491, 492
VTD: 0004 MATHIS AUDITORIUM (Part) Tract: 0101. Block(s): 305C, 305D Tract: 0103. Block(s): 220A, 223A, 224, 225, 226, 227, 228, 229, 230, 231, 232, 234B, 239, 240 Tract: 0104. Block(s): 130, 131A, 132A, 132B, 134A, 135A
VTD: 0005 GARDEN CENTER VTD: 0007 LOMAX-PINEVALE VTD: 0013 LOWNDES CIVIC CENTER AND FORREST PK CHURCH (Part)
Tract: 0106. Block(s): 304A, 304B, 305, 306, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410,
411, 412, 413, 414, 415, 416, 417 Tract: 0108.
Block(s): 204B, 207 VTD: 0015 AZALEA CITY CHURCH OF GOD VTD: 0017 SHILOH FIRE STATION (Part)
Tract: 0102. Block(s): 457, 458, 459, 493, 494, 495, 496, 497
VTD: 0018 NEW COVENANT CHURCH (Part) Tract: 0101. Block(s): 287, 288, 305L, 307, 308 Tract: 0103. Block(s): 220C, 220D, 220E, 220F, 220G, 223B Tract: 0104. Block(s): 131B, 132C, 133, 134B, 135B
VTD: 0019 CRAIG RECREATION CENTER MERIWETHER COUNTY
VTD: 0002 LUTHERVILLE VTD: 0003 ALVATON-UPPER NINTH VTD: 0004 GAY-MID NINTH VTD: 0005 WOODBURY-LOWER NINTH VTD: 0007 GILL ONE (Part)
Tract: 9705.
Block(s): 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 529, 530, 531, 532, 533, 534, 535, 536, 537, 628, 629, 630, 631, 632, 633, 634, 635, 638, 639, 640, 641, 646, 647, 732
VTD: 0008 GILL TWO VTD: 0010 DURAND (Part)
Tract: 9706. Block(s): 217, 218, 219, 275, 276, 277, 302, 318, 319, 320, 322, 323, 324, 326, 327, 328, 329, 330, 335, 348, 349, 351, 352, 353, 354, 355, 356, 357, 358, 366, 367, 369, 370, 371, 372, 373, 374, 375, 376, 377, 393, 394

TUESDAY, MARCH 31, 1992

3257

VTD: 0012 GREENVILLE-EIGHT VTD: 0013 RALEIGH (Part)
Tract: 9704. Blocks(s): 237, 238, 239, 253, 254, 255, 256, 257
Tract: 9705. Block(s): 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, 256, 257, 258, 259, 260, 270, 293, 294
Tract: 9706. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110
MUSCOGEE COUNTY VTD: 0001 COURTHOUSE VTD: 0002 NORTH LUMPKIN VTD: 0003 EDDY VTD: 0004 BAKER VTD: 0005 SAINT MARY S VTD: 0006 WYNNTON (Part) Tract: 0023. Block(s): 120, 121, 122 VTD: 0007 BRITT VTD: 0008 CARVER VTD: 0009 RIGDON VTD: 0010 DIMON VTD: 0011 DAWSON VTD: 0012 WESLEY HEIGHTS (Part) Tract: 0106.04 Block(s): 311, 315, 319, 320, 321, 323, 324, 325, 326, 327, 349 VTD: 0013 REGENCY HEIGHTS VTD: 0024 NORTH HIGHLAND (Part) Tract: 0015. Block(s): 101, 102, 112, 122, 201, 202, 203, 310 Tract: 0016. Block(s): 101, 102, 103, 104, 110, 111, 113, 123, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 212, 213, 310, 410, 411, 412, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 601, 602, 603, 604, 606, 615 VTD: 0025 EAST HIGHLAND (Part) Tract: 0013. Block(s): 206, 207, 208 Tract: 0014. Block(s): 301, 302, 303, 304, 305, 307, 309, 310, 311, 312, 313, 401, ,402, 403, 404, 405 Tract: 0015. Block(s): 103, 110, 111, 113, 114, 115, 117, 118, 120, 121, 123, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 301, 302, 303, 304, 305, 306, 307, 308, 309, 312, 313, 314, 315, 316, 317, 323, 324 Tract: 0018. Block(s): 101, 115, 405, 406, 409, 410, 414 VTD: 0026 SAINT ELMO (Part) Tract: 0013.
Block(s): 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 201, 202, 203, 204, 205, 209
Tract: 0018. Block(s): 105
VTD: 0036 3A1 FORT BENNING VTD: 0037 3A2 FORT BENNING VTD: 0038 3A3 FORT BENNING VTD: 0039 3A4 FORT BENNING

3258

JOURNAL OF THE SENATE

VTD: 0040 3A5 FORT BENNING VTD: 0041 3B FORT BENNING VTD: 0042 3B1 FORT BENNING PEACH COUNTY VTD: 0010 DISTRICT 2 AND CLAUDE AND POWERSVILLE VTD: 0015 DISTRICT 3
District: 3
FAYETTE COUNTY COWETA COUNTY SPALDING COUNTY PIKE COUNTY LAMAR COUNTY MONROE COUNTY UPSON COUNTY HARRIS COUNTY BALDWIN COUNTY
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 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, 21 IB, 212, 213, 214C, 214D, 214E, 215B, 216B, 218B, 219, 220C, 220D, 220E, 222C, 225B, 226B, 227, 228, 229B
VTD: 0003 WEST BALDWIN 319 (Part) Tract: 9703. Block(s): 201C 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, 327, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 365, 366, 367, 368, 369, 370, 371, 372, 373, 374, 375
VTD: 0006 COOPERS 322 VTD: 0007 NORTH MILLEDGEVILLE 320N (Part)
Tract: 9702. Block(s): 202A, 206A
Tract: 9703. Block(s): 201A, 201D, 210A, 210B, 211A, 214A, 214B, 215A, 216A, 217, 218A, 220A, 221, 222A, 222B, 223, 224
VTD: 0013 SCOTTSBORO 1714 (Part) Tract: 9708. Block(s): 109, 110, 111, 112, 113, 114, 115, 123B, 127B, 130, 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

TUESDAY, MARCH 31, 1992

3259

VTD: 0005 FOREST PARK 4 VTD: 0006 FOREST PARK 5 VTD: 0007 JONESBORO 1 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: 0027 RIVERDALE 2 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 VTD: 0004 4 VTD: 0005 5 VTD: 001A 1A HENRY COUNTY VTD: 0010 FLIPPEN VTD: 0015 HAMPTON VTD: 0020 HIGHLAND VILLAGE (Part)
Tract: 0701.02 Block(s): 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: 0055 SHAKERAG VTD: 0060 SIXTH VTD: 0065 STOCKBRIDGE VTD: 0070 SWAN LAKE (Part)

3260

JOURNAL OF THE SENATE

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
VTD: 0001 BARRON AND CLINTON (Part) Tract: 0301.02 Block(s): 108, 111, 113, 114, 115, 116, 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, 202, 203, 214, 215, 216, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313
Tract: 0303. Block(s): 515, 523, 524, 527, 531, 532, 533, 534, 535, 536, 539, 540, 541, 542, 543, 547, 548, 554, 555, 556, 557, 558, 559
VTD: 0006 SANDERS VTD: 0007 DAVIDSON MERIWETHER COUNTY VTD: 0001 LONE OAK VTD: 0006 CHALYBEATH AND LOVE (Part)
Tract: 9705. 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, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149A, 149B, 150, 151, 152, 153, 154, 155, 156, 201, 202, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 271, 272, 274, 275, 276, 277, 278, 501A, 501B, 502, 503A, 503B, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 516, 517, 518, 519, 520, 521, 522, 523, 524, 525, 526A, 526B, 527, 528, 538A, 538B, 539A, 539B, 541, 542, 543, 544, 545, 546, 547
VTD: 0007 GILL ONE (Part) Tract: 9705. Block(s): 290A, 290B, 291, 292, 301, 323, 324, 325, 326, 327, 328, 540, 636, 637, 642, 643, 644, 645, 701A, 701B, 702 ,703, 704A, 704B, 705A, 705B, 706, 707, 708, 709, 710, 711, 712, 713, 714A, 714B, 715, 716, 717, 718, 719, 720, 721, 722, 723, 724, 725, 726, 727, 728, 729, 730, 731, 733, 734, 735, 736, 737, 738, 739
VTD: 0009 WARM SPRINGS VTD: 0010 DURAND (Part)
Tract: 9706. Block(s): 312, 313, 314, 315, 316, 317, 331, 332, 333, 334, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 350, 359, 378, 379, 380, 381, 382, 383, 384, 385, 386, 387, 395, 396, 397
VTD: 0011 ODESSADALE-SEVENTH MUSCOGEE COUNTY
VTD: 0006 WYNNTON (Part)

TUESDAY, MARCH 31, 1992

3261

Tract: 0011. Block(s): 201, 202, 203, 204, 206, 207, 208, 221
Tract: 0012. Block(s): 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 401, 402, 404, 405, 406, 407, 408, 409, 410, 411
Tract: 0023. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119
VTD: 0012 WESLEY HEIGHTS (Part) Tract: 0106.04 Block(s): 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 230, 233, 303, 312, 316, 317, 318, 322, 329, 332, 333, 334, 335, 336, 337, 339, 340, 341, 342, 343, 344
VTD: 0014 ROTHSCHILD VTD: 0015 EDGEWOOD VTD: 0016 GENTIAN VTD: 0017 BRIT DAVID VTD: 0018 BLANCHARD VTD: 0019 REESE ROAD VTD: 0020 MORNINGSIDE VTD: 0021 MIDLAND VTD: 0022 UPATOI 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
Tract: 0016. Block(s): 105, 106, 108, 109, 211, 301, 302, 303, 304, 305, 306, 307, 308, 309, 311, 312, 313, 401, 402, 403, 404, 405, 406, 407, 408, 409, 414
Tract: 0110. Block(s): 119B, 122
VTD: 0025 EAST HIGHLAND (Part) Tract: 0008. Block(s): 202, 203, 204, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321 Tract: 0014. Block(s): 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 406, 407, 408, 409, 410, 411, 412, 413, 414 Tract: 0015. Block(s): 104, 105, 106, 107, 108, 109, 124, 125 Tract: 0018. Block(s): 102, 103, 104, 107, 108, 109, 110, 111, 112, 202, 403, 404, 407, 408, 411, 412, 413
VTD: 0026 SAINT ELMO (Part) Tract: 0012. Block(s): 101, 102, 103, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 121, 122, 123, 133, 201, 203, 204, 205, 206, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219 Tract: 0013. Block(s): 101, 210 Tract: 0018.

3262

JOURNAL OF THE SENATE

Block(s): 106, 113, 114, 201 Tract: 0019.
Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 132
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: 035 32B PEACH COUNTY VTD: 0005 DISTRICT 1 VTD: 0020 BYRON
District: 4
ROCHDALE 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 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: 0036 DUNAIRE 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: 0058 IDLEWOOD VTD: 0061 JOHNSON ESTATES VTD: 0062 JOLLY

TUESDAY, MARCH 31, 1992

3263

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 MCLENDON 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 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

3264

JOURNAL OF THE SENATE

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 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,

TUESDAY, MARCH 31, 1992

3265

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 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

3266
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 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

JOURNAL OF THE SENATE

TUESDAY, MARCH 31, 1992

3267

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 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: 00J5 12F VTD: OOJ6 12G VTD: OOJ7 12H VTD: 00J8 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

3268

JOURNAL OF THE SENATE

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: 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 VTD: OOY3 SC01 VTD: OOY4 SC02 VTD: OOY5 SC03 VTD: OOY6 SC04 VTD: OOY7 SC05 VTD: OOY9 SC07
District: 6
CHEROKEE COUNTY

TUESDAY, MARCH 31, 1992

3269

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 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, 110G, 301B, 301C, 401C, 401D, 401E, 401F, 501D
Tract: 0305.03 Block(s): 208B
Tract: 0310.01 Block(s): 910L, 925B, 925C
Tract: 0311.08 Block(s): 102H, 102J, 202B, 209B, 303B, 310B, 311, 312, 313B, 313C, 314B, 316, 317, 318, 320B, 321B, 322, 401D, 401E, 403, 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): 506B, 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

3270

JOURNAL OF THE SENATE

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, 102A, 301A, 401A, 401B, 402A, 402B, 501A, 501B, 501C
Tract: 0310.01 Block(s): 911, 912
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 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,

TUESDAY, MARCH 31, 1992

3271

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 (Part) Tract: 0310.01 Block(s): 210, 216C, 216D, 228B Tract: 0310.02 Block(s): 120A Tract: 0310.03 Block(s): 110A, 112A, 113A Tract: 0311.01 Block(s): 101A, 105, 106A, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 121A, 122A, 302, 303, 311, 312, 313, 314, 315 Tract: 0311.05 Block(s): 101, 102 Tract: 0311.08 Block(s): 303A, 308, 310A, 319 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

3272

JOURNAL OF THE SENATE

VTD: OOB2 VININGS 3 VTD: OOB3 CRITTERS 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, 801B, 801C, 802B, 803, 804, 805, 806, 807, 808, 814, 815, 816, 817, 818, 819, 820, 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 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: OOW3 SS15 VTD: OOW9 SS22 VTD: 00X3 AP02 VTD: 00X6 SS17 VTD: OOY2 RW09 GWINNETT COUNTY
VTD: 0018 1263A VTD: 0024 404A VTD: 0030 407C VTD: 0036 406C VTD: 0038 406E VTD: 0041 406H

TUESDAY, MARCH 31, 1992

3273

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: 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, 910C, 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, 305, 306, 307, 309, 404A
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, 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

3274

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: 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
Tract: 0311.09 Block(s): 501, 502, 503A, 504, 505
VTD: 0058 MARIETTA 2A VTD: 0059 MARIETTA 3 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

TUESDAY, MARCH 31, 1992

3275

VTD: 0070 MT. HARMONY VTD: 0076 OREGON 2 VTD: 0077 OREGON 3 VTD: 0078 OREGON 4 VTD: 0080 PEBBLEBROOK VTD: 0089 POWDER SPRINGS VTD: OOA1 SMYRNA 6 (Part)
Tract: 0311.08 Block(s): 304
VTD: OOA6 SWEETWATER 1 VTD: OOA7 SWEETWATER 2 VTD: OOA8 SWEETWATER 3 VTD: OOB8 CHEATHAM HILL 2 (Part)
Tract: 0302.07 Block(s): 823B
VTD: OOB9 MARIETTA 2B VTD: OOC2 BIRNEY 2
District: 8
JOHNSON COUNTY LAURENS COUNTY BLECKELY COUNTY TREUTLEN COUNTY DODGE COUNTY PULASKI 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 CLINCH COUNTY LANIER 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

3276

JOURNAL OF THE SENATE

VTD: 0031 HO 08 VTD: 0032 RUTLAND 01 VTD: 0033 RUTLAND 02 (Part)
Tract: 0130. Block(s): 283B, 291
Tract: 0135.01 Block(s): 401, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 516, 517, 518, 519, 520, 521, 522, 523
Tract: 0135.02 Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 129, 130, 133, 134, 135, 136, 137, 205, 206, 207, 208, 209, 210, 211, 212, 303, 305, 306, 307, 308
VTD: 0039 VINEVILLE 06 VTD: 0040 VINEVILLE 07 (Part)
Tract: 0102. Block(s): 115, 207, 208, 209, 210, 211, 212, 214, 304, 401, 402, 403, 404, 405, 406, 407, 408, 409
VTD: 0041 VINEVILLE 08 (Part) Tract: 0110. Block(s): 318, 319 Tract: 0119. Block(s): 101, 102, 103, 112, 113, 201B, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319
VTD: 0042 VINEVILLE 09 VTD: 0045 WA 01 VTD: 0046 WA 02 VTD: 0047 HAZARD 02 VTD: 0048 HAZARD 04 COLQUITT COUNTY VTD: 0001 BRIDGE CREEK (Part)
Tract: 9709. Block(s): 224, 263, 264, 275, 301B, 317, 318, 319, 320, 322, 323, 324, 325A, 325C, 326, 327, 328, 329, 330, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418A, 418B, 418C, 418D, 419, 420, 459, 460, 461, 462
VTD: 0002 CROSLAND VTD: 0003 DOERUN VTD: 0004 FUNSTON (Part)
Tract: 9709. Block(s): 101, 102, 103A, 103B, 104A, 104B, 105, 106, 107, 108, 109, 118, 119, 120, 121, 122, 123A, 123B, 124, 125, 126, 127A, 127B, 128, 129B, 130, 132, 133, 308A, 309, 310, 311, 312, 313, 314A
VTD: 0005 HAMILTON VTD: 0007 LEE VTD: 0008 MILL CREEK VTD: 0009 MONK VTD: 0010 MOULTRIE (Part)
Tract: 9703. Block(s): 215A, 215B
Tract: 9704. Block(s): 107A, 108A, 108B, 109A, 110A, 111, 112, 119, 120, 121, 126, 127, 136A, 138A, 139, 140, 141, 142, 143, 201A, 203A, 204, 205, 206, 207, 208, 209, 210, 211, 232, 233, 234, 235A, 236A, 237A, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 335A, 337, 340, 341, 342
Tract: 9706. Block(s): 102A, 104A, 104B, 105A, 106A, 108A, 108C, 116A, 117, 118, 119, 120,

TUESDAY, MARCH 31, 1992

3277

121, 122, 123, 124, 125, 126A, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139A, 139B, 301, 302A, 302B, 304, 305, 306A, 307A, 308A, 314A, 315A, 316, 317, 318, 322A Tract: 9707. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121A, 121B, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131A, 131B, 132, 133, 134, 135, 136, 137, 138, 139, 201, 202, 203, 204, 217, 218, 219, 220, 230, 231, 232, 233, 234, 235, 243, 244, 245, 246, 247, 248, 249, 257, 258, 308, 309, 310, 311, 312, 313, 330, 331, 335, 336, 337, 338, 339, 340, 341, 342, 343, 401, 402A, 402B, 403A, 403B, 404A, 404B, 405, 406A, 406B, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419A, 419B, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 501A, 502, 503, 505, 506, 509A, 510A, 511A, 512A, 513A, 513B, 513C, 514, 515, 516A, 517A, 518A, 519, 520A, 521A, 522A, 537, 538A, 601, 602, 603, 604, 605, 606, 607, 608, 609, 610, 611, 612, 613, 614, 615, 616, 617, 618, 619, 620, 621, 622A, 622B, 623A, 623B, 624, 625A, 626A, 627, 628, 629, 630 Tract: 9708. Block(s): 131, 132, 133, 201, 202, 203, 204, 212, 213, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 301A, 301B, 301D, 301E, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 401, 402, 403, 404, 405, 406 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418 VTD: 0011 MURPHY VTD: 0012 NORMAN PARK VTD: 0013 ROBINSON VTD: 0014 THIGPEN VTD: 0015 TY TY VTD: 0016 WARRIOR VTD: 0017 HOPEWELL VTD: 0019 AUTREYVILLE CRISP COUNTY VTD: 0001 CORDELE (Part) Tract: 9801. Block(s): 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 121, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 149, 150, 156, 157, 158, 159A, 159B, 160, 161, 162, 163A, 163B, 164, 165, 166, 167, 168, 169, 170, 201, 202, 203, 207, 208, 209, 210, 214, 215A, 215B, 215C, 215D, 215E, 216A, 216B, 217, 218, 219, 220, 221, 222A, 222B, 222C, 223A, 223B, 224A, 224B, 225, 226, 227, 228, 229, 230A, 230B, 231A, 231B, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252A, 252B, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263B, 264B, 265B, 266B, 267, 268, 269, 301A, 301B, 302, 303A, 303B, 304, 305A, 305B, 306B, 306C, 319, 322, 323A, 323B, 324A, 324B, 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 Tract: 9802.
Block(s): 101, 102, 103, 104, 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, 143A, 1438, 144B, 145, 146, 147, 149, 150, 168B, 168E, 173D, 173E, 174A, 174B, 175, 176, 177, 178, 184, 185, 186, 187, 193, 194, 195, 196B, 197B, 328, 431, 432, 433, 434, 435, 436, 437, 438, 439, 440, 441, 442, 443, 444, 445, 446, 447, 448, 449, 450, 451, 452, 501, 502, 550, 551, 601, 602, 603, 604, 605, 606, 607, 608, 609, 610, 618, 619
Tract: 9803. Block(s): 113, 118, 119, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 172, 173, 201, 202A, 202B, 202C, 203A, 203B, 204A, 204B, 205A, 205B, 206A, 206B, 207, 208, 209, 210, 211, 212, 213, 214A, 214B, 215, 216A, 216B, 217, 218A, 218B, 219A, 219B, 220A, 220B, 221A, 221B, 221C, 222, 223, 224A, 224B, 224C, 225, 226A, 226B, 227, 228A, 228B, 229A, 229B, 230A, 230B, 231, 232, 233,

3278

JOURNAL OF THE SENATE

234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255A, 255B, 255C, 256A, 256B, 256C, 256D, 256E, 256F, 257A, 257B, 258A, 258B, 258C, 259A, 259B, 260A, 260B, 261A, 261B, 262A, 262B, 263A, 263B, 264, 265, 266A, 266B, 267A, 267B, 268A, 268B, 269, 270, 271, 301, 302, 303, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 355, 356, 361, 362, 363, 364, 365, 366, 367, 368, 369, 370 Tract: 9804. Block(s): 101, 102, 103, 104, 105, 106, 107A, 107B, 107C, 107D, 108A, 108B, 109A, 109B, 110A, HOB, 111A, 111B, 112A, 112B, 113A, 113B, 114, 115, 116A, 116B, 117A, 117B, 118A, 118B, 119, 120A, 120B, 120C, 121A, 121B, 122A, 122B, 123, 124, 125A, 125B, 126A, 126B, 126C, 127, 128, 129, 130, 131, 132, 133A, 133B, 134A, 134B, 134C, 135A, 135B, 136, 137A, 137B, 138A, 138B, 139, 140, 141A, 141B, 141C, 142, 143, 144, 145, 146, 147, 148, 149, 150, 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, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 301, 302, 307, 308, 310, 319, 320, 327, 328, 329, 330, 335, 336, 337, 338, 339, 401, 402A, 402B, 403, 404, 405A, 405B, 406A, 406B, 406C, 407A, 407B, 407C, 408, 409A, 409B, 410A, 410B, 411, 412, 413, 414A, 414B, 414C, 414D, 414E, 415A, 415B, 415C, 416, 417, 418A, 418B, 432, 434, 435, 436, 437, 438, 439, 440, 441, 442, 443, 444, 445, 501A, 501B, 502A, 502B, 503A, 503B, 503C, 504, 505, 506, 507, 508, 509, 510, 511A, 511B, 512, 513, 514A, 514B, 515, 516, 517, 518, 519, 520, 521, 522, 523, 524, 525, 526, 527A, 527B, 528A, 528B, 528C, 528D, 529A, 529B, 530, 531, 532, 533, 534, 535, 536, 537, 538, 539, 540, 541, 542, 543, 544
Tract: 9805. Block(s): 101, 102, 103, 104, 105, 106, 107, 114, 115, 116, 117, 118, 119, 120
VTD: 0002 LISTONIA VTD: 0003 HATLEY VTD: 0004 ARABI VTD: 0005 JAMESTOWN VTD: 0006 CONEY DOOLY COUNTY VTD: 0002 SIXTH 1012 VTD: 0003 THIRD 516 VTD: 0005 FINDLAY 1552 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: 0023 PUTNEY YOUTH CENTER VTD: 0024 MOCK ROAD ELEMENTARY SCH VTD: 0025 DOUGHERTY JR HIGH SCHOOL VTD: 0026 BRANCH ROAD PRECINCT VTD: 0028 SCOTTISH RITE TEMPLE HOUSTON COUNTY VTD: 0001 RUMB (Part)
Tract: 0205. Block(s): 221, 222, 223, 224, 225, 227A, 227B, 228, 233, 234, 235
Tract: 0207. Block(s): 101B, 201A, 201B, 202, 203A, 203B, 203C, 203D, 204A, 204B, 204C, 205A, 205B, 205C, 206, 207, 208A, 208B, 307A, 307B, 308A, 308C, 401, 402, 403, 404, 405, 406, 407, 408, 409

TUESDAY, MARCH 31, 1992

3279

Tract: 0208. 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, 201, 301, 901A, 901B, 901C
Tract: 0211.01 Block(s): 101A, 101B, 102A, 102B, 103A, 103B, 104A, 104B, 105A, 105B, 105C, 105D, 106, 107, 108A, 108B, 108C, 108D, 108E, 109, 110, 114A, 114B, 115A, 115B
VTD: 0002 MILL VTD: 0003 MSSH (Part)
Tract: 0201.03 Block(s): 301A, 303
Tract: 0202. Block(s): 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117. 118, 119
Tract: 0203. Block(s): 315, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429
VTD: 0004 RECR (Part) Tract: 0201.02 Block(s): 222, 223 Tract: 0201.03 Block(s): 301B Tract: 0203. Block(s): 101A, 101B, 114B Tract: 0204. Block(s): 125, 127, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 901, 902, 903, 904, 905, 906 Tract: 0205. Block(s): 106, 107, 108, 109, 110, 111, 112, 115, 116, 117, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 226, 229, 230, 231, 232 Tract: 0206. Block(s): 101, 102A, 102B, 102C, 102D, 102E, 103, 201, 202A, 202B, 202C, 202D, 202E, 203, 204A, 204B, 205, 206, 207A, 207B, 208, 901A, 901B, 901C, 901D, 901E, 901F, 901G, 901H, 901J, 901K, 901L, 902, 905, 906, 907A, 907B, 907C, 908A, 908B, 909A, 909B Tract: 0209. Block(s): 101, 102, 103, 104, 106, 107, 112, 113, 119, 120, 121
VTD: 0006 RUSS VTD: 0007 PKWD VTD: 0008 NSJH (Part)
Tract: 0201.02 Block(s): 201, 202, 219, 220, 221, 227, 228, 229, 230, 231, 301A, 301C, 302A, 302B, 302C, 303A, 303B, 304, 305, 306A, 306B, 306C, 308, 309A, 309B, 401A, 401B, 401C, 401D, 401E, 401F, 401G, 401H, 401J, 402, 403, 404, 405, 406, 407, 408, 409, 411, 412, 414, 415, 417, 418, 419, 420, 426, 427, 428
VTD: 0009 LII VTD: 0010 UII (Part)
Tract: 0211.01 Block(s): 113B
Tract: 0211.02 Block(s): 101A, 101B, 102, 103, 104, 105, 106A, 106B, 106C, 106D, 106E, 106F, 107A, 107B, 108, 109, 110, 111A, 111B, 112A, 112B, 113A, 113B, 114A, 114B, 115A, 115B, 116A, 116B, 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, 301, 304
Tract: 0211.03 Block(s): 101, 102, 103, 104, 105, 201, 202, 203A, 203B, 204, 205, 206, 207, 208,

3280

JOURNAL OF THE SENATE

209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 301, 302, 303, 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, 337, 338, 339, 340, 341, 342, 343, 344, 345 VTD: 0011 10TH (Part) Tract: 0211.02 Block(s): 302, 303, 305, 306, 307, 308, 309, 310, 311, 312, 313 Tract: 0211.03 Block(s): 334, 335, 336 Tract: 0212. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 201, 202, 203, 206 VTD: 0012 CENT (Part) Tract: 0201.01 Block(s): 101, 102A, 102B, 102C, 103, 104, 105A, 105B, 106A, 106B, 107, 108A, 108B, 109A, 109B, 110, 111A, 111B, 201A, 201B, 201C, 202, 203, 204, 205, 206A, 206B, 207A, 207B, 207C, 207D, 207E, 208A, 208B, 208C, 209, 210A, 210B, 210C, 211, 212A, 212B, 212C, 213A, 213B, 214A, 214B, 215A, 215B, 216A, 216B, 218A, 218B, 218C, 218D, 218E, 219A, 219B, 219C, 219D, 220, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 408A Tract: 0201.02 Block(s): 203, 206, 207, 208, 209, 211, 212, 213, 214, 215, 216, 217, 218 VTD: 0013 ANNX (Part) Tract: 0209. Block(s): 408, 409, 410, 411 Tract: 0210. Block(s): 301, 302, 303A, 303B, 303C, 303D, 303E, 303F, 303G, 318, 319 Tract: 0211.01 Block(s): 201B, 201C, 201D, 201E, 202A, 202B, 203, 204, 205A, 205B, 206, 207, 208A, 208C, 211B, 211C, 211F, 301A, 301B, 301C, 302A, 302B, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 401, 402, 403, 404, 405A, 405B, 405C, 405D, 406A, 406B, 407A, 407B, 407C, 407D, 407E, 407F, 407G, 408A, 408B, 409A, 409B, 410A, 410B, 410C, 411, 412A, 412B, 413, 414, 415, 416, 417, 418, 419A, 419B, 420, 421, 422, 423, 424A, 424B Tract: 0211.02 Block(s): 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219 VTD: 0015 12TH (Part) Tract: 0215.02 Block(s): 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, 201, 202, 203, 205, 206, 207, 208, 209, 210, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 231, 237, 238, 239, 240, 241 VTD: 0016 TOWN (Part) Tract: 0212. Block(s): 204, 205, 207, 208, 209, 210, 211A, 211B, 212, 213A, 213B, 214, 215, 301, 302, 303A, 303B, 508, 510, 511, 512, 513, 514, 515, 516, 517, 518, 519, 520, 521, 522, 523, 524, 525, 526, 527, 528, 529, 530, 531, 532, 533, 534, 611, 612, 613, 614, 615, 616, 617, 618, 619, 620, 621, 622, 623, 624, 625, 626, 627, 628, 629, 630, 631, 701, 702, 703, 704, 709, 710 Tract: 0213. Block(s): 101, 102A, 102B, 103A, 103B, 104, 105, 106, 107, 108, 109A, 109B, 110, 111, 112, 113A, 113B, 113C, 114, 115A, 115B, 115C, 115D, 116, 117A, 117B, 117C, 131, 132, 303, 304, 311D, 314, 315, 316, 317, 428A, 428B, 429B, 430B, 431, 432 Tract: 0214. Block(s): 111, 112, 113, 114, 115, 116, 117, 118, 201, 202, 203, 204, 205, 206, 207,

TUESDAY, MARCH 31, 1992

3281

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, 246, 301, 302, 303, 304, 305A, 305B, 306A, 306B, 307A, 307B, 308, 309, 310, 311, 312, 313A, 313B, 313C, 314, 315, 316, 317, 318A, 318B, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328A, 328B, 329, 330, 331, 332, 401, 402A, 402B, 407, 408, 507,.525, 526, 527, 528, 529, 530 Tract: 0215.02 Block(s): 143B, 144, 145 VTD: 0017 WRJH JONES COUNTY VTD: 0001 BARRON AND CLINTON (Part) Tract: 0301.02 Block(s): 117, 118, 119, 204, 205, 206, 208, 209, 225, 226, 227 VTD: 0005 ROBERTS (Part) Tract: 0301.02 Block(s): 207, 213, 219, 220, 221, 222, 223, 224, 228, 229, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331 VTD: 0008 ROBERTS 4 LEE COUNTY VTD: 0002 REDBONE VTD: 0003 LEESBURG (Part) Tract: 0203. Block(s): 424, 430, 431B, 432, 433, 434B, 435, 436, 437, 439A, 439B, 440A, 440B, 440C, 441A, 441B, 441C, 442, 443, 444A, 444B, 445A, 445B, 446A, 446B, 447, 448, 449, 462, 463, 464, 465, 466, 467, 468, 469, 470, 471, 472, 475A, 475B, 476A, 476B, 477A, 478, 479, 480, 501, 502, 503, 504, 505A, 506, 507A, 508 VTD: 0004 CENTURY VTD: 0005 PALMYRA LOWNDES COUNTY VTD: 0001 HAHIRA VTD: 0002 MINEOLA (Part) Tract: 0102. Block(s): 461, 462, 475, 476, 477, 478, 479, 480, 481, 482, 483, 485, 486, 487 VTD: 0003 MOODY MASONIC VTD: 0004 MATHIS AUDITORIUM (Part) Tract: 0101. Block(s): 305A, 305B, 306 Tract: 0103. Block(s): 201A, 202, 203A, 204A, 205, 206A, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219A, 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 CLAYATTVILLE VTD: 0010 DASHER VTD: 0011 LAKE PARK VTD: 0012 FIRST CHRISTIAN CHURCH VTD: 0013 LOWNDES CIVIC CENTER AND FORREST PK CHURCH (Part) Tract: 0105.
Block(s): 101, 102, 129 Tract: 0106. Block(s): 301A, 301B, 302, 303A, 303B, 303C

3282

JOURNAL OF THE SENATE

Tract: 0107. Block(s): 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 255, 256, 257, 258, 259, 260, 301, 302, 303, 304, 305, 306, 307, 308, 309, 311, 312, 313, 314, 315, 316, 317, 318, 322, 328, 329
Tract: 0108. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113B, 114, 131, 132, 133, 134, 201, 202A, 202B, 202C, 203, 401B, 434B, 436B
VTD: 0014 SOUTHSIDE FIRE DEPARTMENT VTD: 0016 REDLANDS BAPTIST CHURCH VTD: 0017 SHILOH FIRE STATION (Part)
Tract: 0102. Block(s): 342, 343, 344A, 344B, 344C, 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, 384, 385, 386, 387, 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
VTD: 0018 NEW COVENANT CHURCH (Part) Tract: 0101. Block(s): 269, 270, 271, 274A, 274B, 275, 277, 278, 279, 280, 281, 283, 284, 285, 289, 290, 291, 292, 293, 305E, 305F, 305G, 305H, 305J, 305K, 305M 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, 219B, 220B, 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 TWIGGS COUNTY VTD: 0002 HAMMOCK VTD: 0006 PEARSON 1 VTD: 0008 SMITH VTD: 0011 PEARSON 2 (Part)
Tract: 0601.98 Block(s): 389
Tract: 0602. Block(s): 501, 502, 505, 507, 508, 509, 510, 515, 516, 518
District: 9
DADE COUNTY RABUN COUNTY WALKER COUNTY CATOOSA COUNTY WHITFIELD COUNTY MURRAY COUNTY FANNIN COUNTY TOWNS COUNTY UNION COUNTY GILMER COUNTY

TUESDAY, MARCH 31, 1992

3283

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 VTD: 0048 550B VTD: 0062 550C VTD: 0063 550D VTD: 0068 407F (Part)
Tract: 0507.05 Block(s): 118, 160A, 160C
RICHMOND COUNTY VTD: 0004 2A (Part) Tract: 0008.

3284

JOURNAL OF THE SENATE

Block(s): 303, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 319, 320 VTD: 0005 3 (Part)
Tract: 0009. Block(s): 606, 607, 608, 609
Tract: 0010. Block(s): 204, 205, 206, 207, 305, 306, 307, 308, 309, 310, 811, 312, 313, 314, 315, 316, 406, 415, 416, 417, 418, 419, 420, 422, 423, 428, 429, 430, 431, 432, 433, 434, 435, 436, 437, 438, 439, 440, 441, 442, 444
VTD: 0012 5 VTD: 0013 5A VTD: 0015 6 (Part)
Tract: 0011. Block(s): 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 201, 202, 203, 204, 205, 206
Tract: 0012. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 201, 202, 203, 204, 205, 206, 207, 208, 501, 506, 507, 508, 509, 510, 511, 512, 513
Tract: 0013. Block(s): 207, 208, 210, 211, 212, 213, 214, 215, 216, 225A
VTD: 0017 6B VTD: 0019 7 VTD: 0020 7A VTD: 0021 8 (Part)
Tract: 0011. Block(s): 306, 307, 308, 313, 314
Tract: 0012. Block(s): 402, 605, 606, 607, 608, 616
VTD: 0022 8A (Part) Tract: 0011. Block(s): 207, 208 Tract: 0012. Block(s): 601, 602, 603, 604, 609, 610, 611, 612, 613, 614, 615, 901B Tract: 0016. Block(s): 101, 102, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 202A, 205, 206, 207A, 208A, 209, 212, 213A, 215, 216, 217, 218, 226A, 227A
VTD: 0023 8B (Part) Tract: 0016. Block(s): 214, 901A, 902, 903A, 904
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, 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

TUESDAY, MARCH 31, 1992

3285

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
VXD: 0037 87-1 VTD: 0038 87-2 (Part)
Tract: 0001. Block(s): 515, 516C, 518, 519, 520, 521, 525
Tract: 0101.02 Block(s): 302, 303, 315, 316, 317, 323
Tract: 0102.01 Block(s): 102, 103, 104, 105, 126, 128, 131, 132, 133, 134, 135
VTD: 0045 88-7 (Part) Tract: 0105.07 Block(s): 205, 206, 207, 208, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 228, 229, 230, 231
VTD: 0046 89-1 VTD: 0048 89-3 VTD: 0050 89-5 VTD: 0051 89-6 VTD: 0052 89-7 (Part)
Tract: 0105.05 Block(s): 901, 902, 916, 917
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 (Part)
Tract: 0016. Block(s): 301, 317, 318, 324, 327, 501, 502, 515, 516, 517, 901C
Tract: 0101.05 Block(s): 525, 526, 527, 528, 529, 530, 531, 532
Tract: 0102.01 Block(s): 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 426, 430, 431
Tract: 0102.03 Block(s): 401, 402, 403
Tract: 0102.04 Block(s): 701, 702, 703, 704, 705, 706, 707, 708, 709, 710, 711, 901, 902, 903, 904, 905
VTD: 0066 FG4 VTD: 0067 FG5 (Part)
Tract: 0108. Block(s): 901D, 901G, 901H, 901J, 906, 907, 911, 912
WILKES COUNTY VTD: 0002 2A (Part) Tract: 9801. Block(s): 239, 240, 241B, 242, 243, 244, 245, 246, 247, 248, 249, 250, 268, 269 Tract: 9803. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 117, 118, 119, 120, 121, 122, 123A, 123B, 124A, 124B, 125, 316, 528B, 529B, 601, 602, 603, 604 605, 606, 607, 608,

3286

JOURNAL OF THE SENATE

609, 610, 611, 612, 613, 614, 615, 616, 617, 618, 619, 620B, 621B, 629, 630, 637B, 637C, 638, 639, 640B, 641, 642, 643, 644, 645, 646, 647, 648, 649, 650, 710, 711, 712, 713, 714, 715A, 715B, 716A, 716B, 717, 718, 719, 720, 721, 722, 723, 749, 750, 751, 752, 753, 754, 755, 757, 758, 759, 760, 761, 762, 763, 764, 765, 789 VTD: 0003 2B (Part) Tract: 9801. Block(s): 215, 216, 217, 218, 219, 220, 221, 222, 230B, 236, 237, 238, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265, 266, 267 Tract: 9803. Block(s): 701, 702, 703, 704, 705, 706, 707, 708, 709, 724, 725, 726, 727, 728, 729, 730, 731, 732, 733, 737, 738, 743, 744, 745, 746, 747, 748, 756, 766, 796, 797 VTD: 0004 3A (Part) Tract: 9802. Block(s): 204, 205, 206, 207, 208, 209, 210, 211, 226, 227, 228, 229, 230, 231, 232, 235, 236, 237, 238 Tract: 9803. Block(s): 202B, 203, 204, 205, 207A, 207B, 208, 209, 210, 211 VTD: 0005 3B 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 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

TUESDAY, MARCH 31, 1992

3287

VTD: 0004 EAST MILLEDGEVILLE 320E VTD: 0005 EAST HARDWICK 321E VTD: 0007 NORTH MILLEDGEVILLE 320N (Part)
Tract: 9701. Block(s): 107B, 125A, 126, 127A, 185A
Tract: 9702. Block(s): 107A, 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): 220B, 225A, 226A, 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 CMC 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
CHATHAM COUNTY VTD: 0012 1-12 (Part) Tract: 0039. Block(s): 201A, 202A, 212, 301B, 310A, 310B, 311B, 312, 313, 314, 315, 404, 405, 406A, 406B, 407A, 407B, 408, 409, 410A, 410B, 411, 412A, 412B Tract: 0040.02 Block(s): 101, 102, 103, 104A, 104B, 105, 118A, 118B Tract: 0102. Block(s): 312A, 312B, 312C, 313A, 313B, 313C VTD: 0013 1-13 (Part) Tract: 0102. Block(s): 101, 102, 103, 118, 119, 120, 201, 206, 207, 208, 209, 210, 308, 309, 310, 311, 312D, 314, 315, 316 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: 0026 3-3 (Part) Tract: 0036.01 Block(s): 308, 309, 310, 311, 312, 313, 314 VTD: 0027 3-4 VTD: 0029 3-6 (Part) Tract: 0035.02 Block(s): 101, 102, 103, 104, 105, 106, 107, 109, 110, 111, 112, 113, 114, 115, 116, 117
VTD: 0030 3-7 VTD: 0035 4-2 VTD: 0043 4-10 (Part)
Tract: 0038. Block(s): 204B, 307B, 312B, 313B
Tract: 0039.

3288

JOURNAL OF THE SENATE

Block(s): 201B, 202B Tract: 0101.02
Block(s): 407, 408, 409, 410 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 (Part)
Tract: 0107.98
Block(s): 101B, 104, 183, 184, 185, 186A, 186B, 187A, 187B, 195, 196, 197 VTD: 0077 8-2 (Part)
Tract: 0105.01 Block(s): 201, 212B, 213
Tract: 0106.04
Block(s): 101A, 101B, 102A, 102B, 103A, 103B, 104A, 104B, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114A, 114B, 115, 116, 117, 118, 119A, 119B, 120A, 120B, 121A, 121B, 122A, 122B, 123, 124A, 124B, 125, 126A, 126B, 127A, 127B, 127C, 128, 129B, 131B, 132, 133, 134, 135A, 135B, 136, 137, 138, 139, 140, 141, 142B, 143B, 144, 145, 146, 147B, 150, 151, 152, 153, 154, 155
Tract: 0106.05
Block(s): 101, 102B, 103, 104, 117, 118, 175 Tract: 0106.99
Block(s): 146Z 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: 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: 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

TUESDAY, MARCH 31, 1992

3289

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: ODBC 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 (Part)
Tract: 0301. Block(s): 101, 102, 103, 104, 105, 106, 107, 109, 110, 152, 153, 154, 155, 156, 157, 158, 159, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210
Tract: 0302. 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, 136, 143, 144, 145, 146, 147, 148, 149, 156, 157, 158, 160, 187, 188, 189, 190
VTD: 0006 MASONIC LODGE 3C AND SPRINGFIELD 4 (Part) Tract: 0302. Block(s): 161, 162, 166, 191, 201, 208, 209, 210 Tract: 0303.98 Block(s): 101, 102, 104, 117
VTD: 0008 RINCON 5 (Part) Tract: 0303.98 Block(s): 106, 107, 108, 195, 196, 197, 301, 302, 303, 304, 305, 317, 327, 328, 329, 330, 331, 332, 391, 392, 393
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 VTD: 0045 MCMULLEN VTD: 0050 SANDY RIDGE VTD: 0070 SWAN LAKE (Part) Tract: 0701.02 Block(s): 101, 102, 103, 104, 105, 120, 121, 122, 123, 124

3290

JOURNAL OF THE SENATE

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 RICHMOND COUNTY
VTD: 0001 1
VTD: 0002 1A VTD: 0003 2
VTD: 0004 2A (Part) Tract: 0006.
Block(s): 506, 507, 512
Tract: 0007.
Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 116, 119, 120, 121, 122, 123, 124, 127
Tract: 0008.
Block(s): 201, 202, 203, 204, 205, 206, 207, 209, 210, 301, 302, 304, 305, 306, 317, 318
VTD: 0005 3 (Part) Tract: 0009. Block(s): 602, 610, 612, 613 Tract: 0010. Block(s): 122, 201, 202, 203, 208, 209
VTD: 0006 3A VTD: 0007 3B VTD: 0008 4 VTD: 0009 4A VTD: 0010 4B VTD: 0011 4C VTD: 0014 5B VTD: 0015 6 (Part)
Tract: 0012. Block(s): 901A
VTD: 0016 6A VTD: 0018 6C VTD: 0021 8 (Part) Tract: 0001.
Block(s): 414, 415, 501, 502, 505, 506, 507, 508, 509, 511, 512, 516A, 516B Tract: 0011.
Block(s): 304, 305, 309, 316, 317, 318, 319, 320, 321 VTD: 0022 8A (Part)
Tract: 0016. Block(s): 103, 104, 105, 106, 107, 108, 109, 219A, 233
VTD: 0023 8B (Part) Tract: 0016. Block(s): 503A, 601, 602, 603, 604, 605A, 905A
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.

TUESDAY, MARCH 31, 1992

3291

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: 0038 87-2 (Part) Tract: 0016. Block(s): 201, 219B, 220, 232, 235
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: 0052 89-7 (Part)
Tract: 0105.05 Block(s): 903, 904
VTD: 0053 89-8 VTD: 0060 90-5 (Part)
Tract: 0016. Block(s): 503B, 504, 513, 901B
VTD: 0063 FG1 VTD: 0064 FG2 VTD: 0068 FG6 TWIGGS COUNTY VTD: 0001 BLUFF VTD: 0003 HIGGSVILLE AND SHADY GROVE VTD: 0004 JEFFERSONVILLE 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, 232, 233, 234, 235, 236, 273, 343, 374, 375, 388, 390
Tract: 0602. Block(s): 301, 302, 303, 304, 305, 306, 355, 356, 503, 504, 506, 511, 512, 513, 514, 517, 519, 522, 523
WILKES COUNTY VTD: 0001 1 VTD: 0002 2A (Part) Tract: 9803. Block(s): 317, 318, 319, 329, 330, 331, 339, 340, 341, 342, 343, 344, 345, 785, 786, 787, 788 VTD: 0003 2B (Part) Tract: 9803. Block(s): 734, 735, 736, 739, 740, 741, 742, 767, 768, 769, 770, 771, 772, 773, 774, 775, 776, 777, 778, 779, 780, 781, 782, 783, 784, 790, 791, 792, 793, 794, 795 VTD: 0004 3A (Part) Tract: 9802. Block(s): 223, 224, 225, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249 Tract: 9803. Block(s): 202A, 202C, 206, 212A, 212B, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233A, 233B, 234, 235, 414B, 415
(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.

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(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. The provisions of this Act shall control over any conflicting provisions of any other Act of the 1992 General Assembly relating to the same subject matter.
Section 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 5. All laws and parts of laws in conflict with this act are repealed.

Senator Walker of the 43rd moved that the Senate adopt the Conference Committee report on HB 1657.

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 Brown of 26th Clay Dawkins Deal Dean Echols Edge Foster

Garner Gillis Hammill Hasty Henson Hooks Huggins Johnson Kidd Langford Marable Moye

Newbill Perry Pollard Ragan of 32nd Ramsey Ray Scott Starr Steinberg Tate Thompson Walker of 43rd

Those voting in the negative were Senators:

Bowen
B^ton Coleman Collins
Egan

English
Hill Perdue Phillips
Ragan of 10th

Taylor Timmons
Turner White

Those not voting were Senators:

Broun of 46th (excused) Robinson

Harris (excused)

Shumake

Tysinger (excused) Walker of 22nd

On the motion, the yeas were 36, nays 14; the motion prevailed, and the Senate adopted the Conference Committee report on HB 1657.

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

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.

The House amendment was as follows:

Amend the Senate amendment to HB 1676 as follows:
On page 1 of the Senate amendment, line 15, after the word "action" and before the period add the following:
", but the amount paid thereunder shall be admissible as provided by law as evidence of the offset against the liability of the uninsured motorist carrier and as evidence of the offset against any verdict of the trier of fact."

Senator Dawkins of the 45th moved that the Senate agree to the House amendment to the Senate amendment to HB 1676.

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 Brown of 26th B0C1luaryton CCoollleimnsan
Dawkins Deal
Dean
Echols
Edge
Egan

Foster Garner Gillis Hammill Hasty Henson HuHoilol ki s HJouhgngsionns
Langford Marable
Moye
Newbill
Perdue
Perry

Pollard Ragan of 10th Ragan of 32nd Ramsey j^ay Robinson S0,, co,,tt Stem. b, erg
Taylor Thompson
Timmons
Turner
Walker of 43rd
White

Those not voting were Senators:

Broun of 46th (excused) English Harris (excused)

Kidd Phillips Shumake

Tate Tysinger (excused) Walker of 22nd

On the motion, the yeas were 47, nays 0; the motion prevailed, and the Senate agreed to the House amendment to the Senate amendment to HB 1676.

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The following bill of the House was taken up for the purpose of considering the House action thereon:
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.
Senator Pollard of the 24th moved that the Senate adhere to the Senate amendment to HB 1721, and that a Conference Committee by appointed.
On the motion, the yeas were 33, nays 0; the motion prevailed, and the Senate adhered to the Senate amendment to HB 1721.
The President appointed as a Conference Committee on the part of the Senate the following:
Senators Pollard of the 24th, Coleman of the 1st and Kidd of the 25th.
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 bill of the House:
HB 2133. By Representatives Thomas of the 69th, Simpson of the 70th and Jones of the 71st: A bill to amend an Act establishing the State Court of Carroll County, so as to change the compensation of the solicitor.
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 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 Speaker has appointed on the part of the House, Representatives Kilgore of the 42nd, Herbert of the 76th and Groover of the 99th.
The House adheres to its position in insisting on its substitute, and has appointed a Committee of Conference to confer with a like committee on the part of the Senate on the following bill of the Senate:
SB 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

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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 Speaker has appointed on the part of the House, Representatives Thomas of the 69th, Oliver of the 53rd and Cauthorn of the 20th.
The President announced that the Senate would stand in recess from 1:00 o'clock P.M. until 2:00 o'clock P.M.
At 2:00 o'clock P.M., the President called the Senate to order.
The following bill of the House was taken up for the purpose of considering the House action thereon:
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.
Senator Deal of the 49th moved that the Senate adhere to the Senate substitute to HB 1812, and that a Conference Committee be appointed.
On the motion, the yeas were 33, nays 0; the motion prevailed, and the Senate adhered to the Senate substitute to HB 1812.
The President appointed as a Conference Committee on the part of the Senate the following:
Senators Newbill of the 56th, Marable of the 52nd and Dawkins of the 45th.
The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:
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.
The House substitute to SB 474 was as follows:
A BILL
To be entitled an Act to amend Article 1 of Chapter 7 of Title 52 of the Official Code of Georgia Annotated, relating to general provisions relative to the registration, operation, and sale of watercraft, so as to prohibit the carriage of fire extinguishers which are not fully charged; to define certain terms; to require certain persons to wear personal flotation de vices; to restrict the renting or leasing of certain vessels to persons under 16 years of age; to restrict the hours of operation of certain vessels; to require certain safety devices on certain vessels; to provide for responsibility of persons who own or are in charge of certain vessels; to provide for a maximum speed for certain vessels in certain circumstances; to provide that a person under 16 years of age may not operate certain vessels; to provide for exceptions; to change the provisions relating to operating, navigating, steering, driving, or controlling of vessels, water skis, aquaplanes, surfboards, or similar devices while under the influence of

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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; 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 7 of Title 52 of the Official Code of Georgia Annotated, relating to general provisions relative to the registration, operation, and sale of watercraft, is amended by inserting at the end of subsection (e) of Code Section 52-7-8, relating to the classification of vessels and equipment required on vessels, a new paragraph (5) to read as follows:
"(5) The carriage of any United States Coast Guard approved hand portable fire extin guisher or any fixed fire extinguishing system which is not fully charged shall be prohibited."
Section 2. Said article is further amended by inserting immediately following Code Sec tion 52-7-8.1 the following:
"52-7-8.2. (a) As used in this Code section, the term:
(1) 'Class A Vessel' means a boat less than 16 feet in length.
(2) 'Personal watercraft' means a Class A vessel which:
(A) Has an outboard motor or which has an inboard motor which uses an internal com bustion engine powering a water jet pump as its primary source of motive propulsion;
(B) Is designed with the concept that the operator and passenger ride on the outside surfaces of the vessel as opposed to riding inside the vessel; and
(C) Has the probability that the operator and passenger may, in the normal course of use, fall overboard.
Such term includes, without limitation, any vessel where the operator and passenger ride on the outside surfaces of the vessel, even if the primary source of motive propulsion is a propeller, and any vessels commonly known as a 'jet ski.'
(b) No person shall operate or give permission to operate personal watercraft on the waters of this state unless each person aboard such personal watercraft is wearing a United States Coast Guard approved personal flotation device, Type I, Type II, Type III, or Type V. Each such personal flotation device must be properly fastened, in good and serviceable condition, and the proper size for the person wearing it.
(c) No person shall rent, lease, or let for hire a personal watercraft to any person under the age of 16 years.
(d) No person shall operate a personal watercraft on the waters of this state between the hours from one-half hour after sunset to one-half hour before sunrise.
(e) No person shall operate a personal watercraft on the waters of this state unless such personal watercraft is equipped with a self-circling device or a lanyard-type engine cutoff switch.
(f) No person shall operate on the waters of this state a personal watercraft which has been equipped by the manufacturer with a lanyard-type engine cutoff switch unless the lanyard and the switch are operational and unless the lanyard is attached to the operator, the operator's clothing, or a personal flotation device worn by the operator.
(g) No person shall operate on the waters of this state a personal watercraft which has been equipped by the manufacturer with a self-circling device if the self-circling device or the engine throttle has been altered in any way that would prohibit the self-circling device from operating in its intended manner.
(h) It shall be unlawful for any person who owns a personal watercraft or who has

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charge over or control of a personal watercraft to authorize or knowingly to permit such personal watercraft to be operated in violation of this Code section.
(i) The provisions of this Code section shall not apply to vessels engaged in any activity authorized under Code Section 52-7-19.
(j) No person shall operate a personal watercraft on the waters of this state in excess of five miles per hour within 100 feet of any moored or anchored vessel, shore, wharf, dock, pier, piling, bridge structure or abutment, or a person in the water.
(k) No person under the age of 16 shall operate a personal watercraft on the waters of this state, except that persons 12 to 16 years of age may operate a personal watercraft if a person 18 years of age or older is aboard the vessel."
Section 3. Said article is further amended by striking Code Section 52-7-12, which reads as follows:
"52-7-12. (a) No person shall operate, navigate, steer, or drive any vessel, or be in actual physical control of any moving vessel, nor shall any person manipulate any moving water skis, moving aquaplane, moving surfboard, or similar moving device while:
(1) Under the influence of alcohol;
(2) Under the influence of any drug to a degree which renders him incapable of operat ing safely;
(3) Under the combined influence of alcohol and any drug to a degree which renders him incapable of operating safely; or
(4) There is 0.12 percent or more by weight of alcohol in his blood.
(b) The fact that any person charged with violating this Code section is or has been otherwise entitled to use a drug shall not constitute a defense against any charge of violating this Code section.
(c) Upon trial of any civil or criminal action or proceeding arising out of acts alleged to have been committed by any person while operating or in actual physical control of a vessel while under the influence of alcohol or drugs, evidence of the amount of alcohol or drug in a person's blood at the alleged time, as determined by a chemical analysis of the person's blood, urine, breath, or other bodily substances shall be admissible. Where such chemical test is made, the following provisions shall apply:
(1) Chemical analysis of the person's blood, urine, breath, or other bodily substance, to be considered valid under this Code section, shall have been performed according to meth ods approved by the Division of Forensic Sciences of the Georgia Bureau of Investigation and by an individual possessing a valid permit issued by the Division of Forensic Sciences for this purpose. The Division of Forensic Sciences of the Georgia Bureau of Investigation is authorized to approve satisfactory techniques or methods to ascertain the qualifications and competence of individuals to conduct analyses and to issue permits, which shall be subject to termination or revocation at the discretion of the Division of Forensic Sciences;
(2) When a person shall undergo a chemical test at the request of a law enforcement officer under subsection (e) of this Code section, only a physician, registered nurse, labora tory technician, or other qualified person may withdraw blood for the purpose of determin ing the alcoholic content therein, provided that this limitation shall not apply to the taking of breath or urine specimens. No physician, registered nurse, laboratory technician, or other qualified person or employer thereof shall incur any civil or criminal liability as a result of the medically proper obtaining of such blood specimens when requested in writing by a law enforcement officer;
(3) The person tested may have a physician or a qualified technician, chemist, regis tered nurse, or other qualified person of his own choosing administer a chemical test or tests in addition to any administered at the direction of a law enforcement officer. The justifiable

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failure or inability to obtain an additional test shall not preclude the admission of evidence relating to the test or tests taken at the discretion of a law enforcement officer;
(4) Upon request of the person who shall submit to a chemical test or tests at the request of a law enforcement officer, full information concerning the test or tests shall be made available to him or his attorney. The arresting officer at the time of arrest shall advise the person arrested of his rights to a chemical test or tests according to this Code section; and
(5) Percent by weight of alcohol in the blood shall be based upon grams of alcohol per 100 cubic centimeters of blood.
(d) Upon the trial of any civil or criminal action or proceeding arising out of acts al leged to have been committed by any person while operating or in actual physical control of a moving vessel while under the influence of alcohol, the amount of alcohol in the person's blood at the time alleged, as shown by chemical analysis of the person's blood, urine, breath, or other bodily substance, shall give rise to the following presumptions:
(1) If there was at that time 0.05 percent or less by weight of alcohol in the person's blood, it shall be presumed that the person was not under the influence of alcohol;
(2) If there was at that time in excess of 0.05 percent but less than 0.10 percent by weight of alcohol in the person's blood, such fact shall not give rise to any presumption that the person was or was not under the influence of alcohol, but such fact may be considered with other competent evidence in determining whether the person was under the influence of alcohol;
(3) If there was at that time 0.10 percent or more by weight of alcohol in the person's blood, it shall be presumed that the person was under the influence of alcohol; and
(4) If there was at that time 0.12 percent or more by weight of alcohol in the person's blood, the person shall be in violation of paragraph (4) of subsection (a) of this Code section.
(e) The State of Georgia considers that persons who are under the influence of alcohol or drugs while operating a vessel on the waters of this state constitute a direct and immedi ate threat to the welfare and safety of the general public. Therefore, any person who oper ates a vessel upon the waters of this state shall be deemed to have given consent, subject to subsections (c) and (d) of this Code section, to a chemical test or tests of his blood, breath, or urine or other bodily substances, for the purpose of determining the alcoholic or drug content of his blood if arrested for any offense arising out of acts alleged to have been committed while the person was operating or in physical control of a vessel while under the influence of alcohol or any drug. The test or tests shall be administered at the request of a law enforcement officer having reasonable grounds to believe that the person has been oper ating or was in actual physical control of a vessel upon the waters of this state while under the influence of alcohol or any drug. Subject to subsections (c) and (d) of this Code section, the requesting law enforcement officer shall designate which of the aforesaid tests shall be administered.
(f) Any person who is dead, unconscious, or otherwise in a condition rendering him incapable of refusal, shall be deemed not to have withdrawn the consent provided by sub section (e) of this Code section, and the test or tests may be administered subject to subsec tions (c) and (d) of this Code section.
(g) If a person refuses, upon the request of a law enforcement officer, to submit to a chemical test designated by the law enforcement officer as provided in subsection (e) of this Code section, no test shall be given; however, such refusal shall be admissible in evidence.
(h) In the event of a boating accident involving a fatality, the instigating coroner or medical examiner having jurisdiction shall direct that a chemical blood test to determine blood alcohol concentration (BAG) or the presence of drugs be performed on the dead per son or persons and that the results of such test be properly recorded in his report.

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(i) No person shall operate any vessel or manipulate any water skis, aquaplane, surf board, or similar device in a reckless or negligent manner so as to endanger the life, limb, or property of any person.
(j) It shall be unlawful for the owner of any vessel knowingly to allow or authorize any person to operate such vessel or to manipulate any water skis, aquaplane, surfboard, or similar device being towed by such vessel when the owner knows or has reasonable grounds to believe that said person is intoxicated or under the influence of alcohol or drugs.",
and inserting in lieu thereof a new Code Section 52-7-12 to read as follows:
"52-7-12. (a) No person shall operate, navigate, steer, or drive any moving vessel, or be in actual physical control of any moving vessel, nor shall any person manipulate any moving water skis, moving aquaplane, moving surfboard, or similar moving device while:
(1) Under the influence of alcohol to the extent that it is less safe for the person to operate, navigate, steer, drive, manipulate, or be in actual physical control of a moving ves sel, moving water skis, moving aquaplane, moving surfboard, or similar moving device;
(2) Under the influence of any drug to the extent that it is less safe for the person to operate, navigate, steer, drive, manipulate, or be in actual physical control of a moving ves sel, moving water skis, moving aquaplane, moving surfboard, or similar moving device;
(3) Under the combined influence of alcohol and any drug to the extent that it is less safe for the person to operate, navigate, steer, drive, manipulate, or be in actual physical control of a moving vessel, moving water skis, moving aquaplane, moving surfboard, or simi lar moving device;
(4) The person's alcohol concentration is 0.10 grams or more at any time within three hours after such operating, navigating, steering, driving, manipulating, or being in actual physical control of a moving vessel, moving water skis, moving aquaplane, moving surfboard, or similar moving device from alcohol consumed before such operating, navigating, steering, driving, manipulating, or being in actual physical control ended; or
(5) Subject to the provisions of subsection (b) of this Code section, there is any amount of marijuana or a controlled substance, as defined in Code Section 16-13-21, present in the person's blood or urine, or both, including the metabolites and derivatives of each or both without regard to whether or not any alcohol is present in the person's breath or blood.
(b) The fact that any person charged with violating this Code section is or has been legally entitled to use a drug shall not constitute a defense against any charge of violating this Code section; provided, however, that such person shall not be in violation of this Code section unless such person is rendered incapable of operating, navigating, steering, driving, manipulating, or being in actual physical control of a moving vessel, moving water skis, moving aquaplane, moving surfboard, or similar moving device safely as a result of using a drug other than alcohol which such person is legally entitled to use.
(c) Upon trial of any civil or criminal action or proceeding arising out of acts alleged to have been committed by any person while operating, navigating, steering, driving, manipu lating, or being in actual physical control of a moving vessel, moving water skis, moving aquaplane, moving surfboard, or similar moving device while under the influence of alcohol or drugs, evidence of the amount of alcohol or drug in a person's blood, urine, breath, or other bodily substance at the alleged time, as determined by a chemical analysis of the person's blood, urine, breath, or other bodily substances, shall be admissible. Where such chemical test is made, the following provisions shall apply:
(1) Chemical analysis of the person's blood, urine, breath, or other bodily substance, to be considered valid under this Code section, shall have been performed according to meth ods approved by the Division of Forensic Sciences of the Georgia Bureau of Investigation and by an individual possessing a valid permit issued by the Division of Forensic Sciences for this purpose. The Division of Forensic Sciences of the Georgia Bureau of Investigation is authorized to approve satisfactory techniques or methods to ascertain the qualifications and

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competence of individuals to conduct analyses and to issue permits, which shall be subject to termination or revocation at the discretion of the Division of Forensic Sciences;
(2) When a person shall undergo a chemical test at the request of a law enforcement officer under subsection (e) of this Code section, only a physician, registered nurse, labora tory technician, emergency medical technician, or other qualified person may withdraw blood for the purpose of determining the alcoholic content therein, provided that this limi tation shall not apply to the taking of breath or urine specimens. No physician, registered nurse, laboratory technician, emergency medical technician, or other qualified person or em ployer thereof shall incur any civil or criminal liability as a result of the medically proper obtaining of such blood specimens when requested in writing by a law enforcement officer;
(3) The person tested may have a physician or a qualified technician, chemist, regis tered nurse, or other qualified person of his or her own choosing administer a chemical test or tests in addition to any administered at the direction of a law enforcement officer. The justifiable failure or inability to obtain an additional test shall not preclude the admission of evidence relating to the test or tests taken at the direction of a law enforcement officer; and
(4) Upon request of the person who shall submit to a chemical test or tests at the request of a law enforcement officer, full information concerning the test or tests shall be made available to such person or such person's attorney. The arresting officer at the time of arrest shall advise the person arrested of his or her rights to a chemical test or tests accord ing to this Code section.
(d) Upon the trial of any civil or criminal action or proceeding arising out of acts al leged to have been committed by any person while operating, navigating, steering, driving, manipulating, or being in actual physical control of a moving vessel, moving water skis, moving aquaplane, moving surfboard, or similar moving device while under the influence of alcohol, the amount of alcohol in the person's blood at the time alleged, as shown by chemi cal analysis of the person's blood, urine, breath, or other bodily substance, shall give rise to the following presumptions:
(1) If there was at that time an alcohol concentration of 0.05 grams or less, it shall be presumed that the person was not under the influence of alcohol, as prohibited by paragraphs (1), (2), and (3) of subsection (a) of this Code section;
(2) If there was at that time an alcohol concentration in excess of 0.05 grams but less than 0.08 grams, such fact shall not give rise to any presumption that the person was or was not under the influence of alcohol, as prohibited by paragraphs (1), (2), and (3) of subsec tion (a) of this Code section, but such fact may be considered with other competent evi dence in determining whether the person was under the influence of alcohol, as prohibited by paragraphs (1), (2), and (3) of subsection (a) of this Code section;
(3) If there was at that time an alcohol concentration of 0.08 grams or more, it shall be presumed that the person was under the influence of alcohol, as prohibited by paragraphs (1), (2), and (3) of subsection (a) of this Code section; and
(4) If there was at that time or within three hours after operating, navigating, steering, driving, manipulating, or being in actual physical control of a moving vessel, moving water skis, moving aquaplane, moving surfboard, or similar moving device from alcohol consumed before such operating, navigating, steering, driving, manipulating, or being in actual physi cal control ended an alcohol concentration of 0.10 or more grams, the person shall be in violation of paragraph (4) of subsection (a) of this Code section.
(e) The State of Georgia considers that persons who are under the influence of alcohol or drugs while operating a vessel on the waters of this state constitute a direct and immedi ate threat to the welfare and safety of the general public. Therefore, any person who oper ates a vessel upon the waters of this state shall be deemed to have given consent, subject to subsections (c) and (d) of this Code section, to a chemical test or tests of his or her blood, breath, or urine or other bodily substances for the purpose of determining the alcoholic or drug content of his or her blood if arrested for any offense arising out of acts alleged to have been committed while the person was operating, navigating, steering, driving, manipulating,

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or in actual physical control of a moving vessel, moving water skis, moving aquaplane, mov ing surfboard, or similar moving device while under the influence of alcohol or any drug. The test or tests shall be administered at the request of a law enforcement officer having reasonable grounds to believe that the person has been operating or was in actual physical control of a vessel upon the waters of this state while under the influence of alcohol or any drug. Subject to subsections (c) and (d) of this Code section, the requesting law enforcement officer shall designate which of the aforesaid tests shall be administered.
(f) Any person who is dead, unconscious, or otherwise in a condition rendering him or her incapable of refusal shall be deemed not to have withdrawn the consent provided by subsection (e) of this Code section, and the test or tests may be administered subject to subsections (c) and (d) of this Code section.
(g) If a person refuses, upon the request of a law enforcement officer, to submit to a chemical test designated by the law enforcement officer as provided in subsection (e) of this Code section, no test shall be given; however, such refusal shall be admissible in evidence.
(h) In the event of a boating accident involving a fatality, the investigating coroner or medical examiner having jurisdiction shall direct that a chemical blood test to determine blood alcohol concentration (BAG) or the presence of drugs be performed on the dead per son or persons and that the results of such test be properly recorded in his or her report.
(i) No person shall operate any vessel or manipulate any water skis, aquaplane, surf board, or similar device in a reckless or negligent manner so as to endanger the life, limb, or property of any person.
(j) It shall be unlawful for the owner of any vessel knowingly to allow or authorize any person to operate such vessel or to manipulate any water skis, aquaplane, surfboard, or similar device being towed by such vessel when the owner knows or has reasonable grounds to believe that said person is intoxicated or under the influence of alcohol or drugs."
Section 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 5. All laws and parts of laws in conflict with this Act are repealed.
Senator Deal of the 49th moved that the Senate agree to the House substitute to SB 474 as amended by amendment No. 1 offered by Senator Deal of the 49th, and amendment No. 2 offered by Senators Hammill of the 3rd and Deal of the 49th, as follows:
Amend the House substitute to SB 474 by deleting on lines 13-14, page 1, the following:
"to provide that a person under 16 years of age may not operate certain vessels;"
and by deleting lines 12-16 of page 4 so as to eliminate subparagraph (k).
Amend the House substitute to SB 474 by striking on line 8 of page 1 the following:
"16 years of age",
and inserting in lieu thereof the following:
"15 years of age; to provide for an exception".
By striking on lines 10 and 11 of page 3 the following:
"16 years",
and inserting in lieu thereof the following:
"15 years; provided, however, that personal watercraft may be rented, leased, or let to a person between the ages of 12 and 15 years if such person is accompanied by and under the supervision of an adult 18 years of age or older".
On the motion, a roll call was taken, and the vote was as follows:

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JOURNAL OF THE SENATE

Those voting in the affirmative were Senators:

Alien Baldwin Bishop Bowen Broun of 46th Brown of 26th Burton Clay Coleman Collins Dawkins Deal Dean Echols Edge

Egan Foster Garner Gillis Hammill Hasty Henson Hill Huggins Kidd Marable Moye Newbill Perdue Perry

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

Those not voting were Senators:

Albert English Harris (excused) Hooks

Johnson Langford Robinson Shumake

Steinberg Walker of 22nd Walker of 43rd

On the motion, the yeas were 45, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 474 as amended by the Senate.

Senator Starr of the 44th assumed the Chair at the direction of the President.

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

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 House substitute to SB 834 was as follows:

A BILL
To be entitled an Act 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 28 grams or more of methamphetamine or of any mixture of methamphetamine commits the felony offense of trafficking in methamphetamine; to pro vide penalties; to provide for mandatory minimum terms of imprisonment and mandatory fines with respect to certain violations of the offense of trafficking in methamphetamine; to change penalty provisions relating to the crimes of trafficking in cocaine, illegal drugs, or marijuana; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 16-13-31 of the Official Code of Georgia Annotated, relating to

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3303

the crimes of trafficking in cocaine, illegal drugs, or marijuana, is amended by striking sub sections (e) and (f) in their entirety and inserting in lieu thereof new subsections (e), (f), and (g) to read as follows:
"(e) Any person who knowingly sells, manufactures, delivers, or brings into this state or has possession of 28 grams or more of methamphetamine or of any mixture of methamphetamine, as described in Schedule II, in violation of this article commits the fel ony offense of trafficking in methamphetamine and, upon conviction thereof, shall be pun ished as follows:
(1) If the quantity of methamphetamine or mixture involved is 28 grams or more, but less than 200 grams, the person shall be sentenced to a mandatory minimum term of impris onment of ten years and shall pay a fine of $200,000.00;
(2) If the quantity of methamphetamine or mixture involved is 200 grams or more, but less fFan 400 grams, the person shall be sentenced to a mandatory minimum term of impris onment of 15 years and shall pay a fine of $300,000.00; and
(3) If the quantity of methamphetamine or mixture involved is 400 grams or more, the person shall be sentenced to a mandatory minimum term of imprisonment of 25 years and shall pay a fine of $1 million.
(e) (f) (1) Except as provided in paragraph (2) of this subsection and notwithstanding Code Section 16-13-2, with respect to any person who is found to have violated this Code section, adjudication of guilt or imposition of sentence shall not be suspended, probated, deferred, or withheld prior to serving the mandatory minimum term of imprisonment pre scribed by this Code section.
(2) The district attorney may move the sentencing court to impose a reduced or sus pended sentence upon any person who is convicted of a violation of this Code section and who provides substantial assistance in the identification, arrest, or conviction of any of his accomplices, accessories, coconspirators, or principals. Upon good cause shown, the motion may be filed and heard in camera. The judge hearing the motion may impose a reduced or suspended sentence if he finds that the defendant has rendered such substantial assistance.
{f} (g) Any person who violates any provision of this Code section in regard to traffick ing in cocaine, illegal drugs, or marijuana, or methamphetamine shall be punished by im prisonment for not less than five years nor more than 30 years and by a fine not to exceed $1 million."
Section 2. 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, S.W.
Room 214 Atlanta, Georgia 30334-8400

MEMORANDUM

TO:

The Honorable William C. Randall

Chairman, Special Judiciary Committee

FROM:

G. W. Hogan, State Auditor Henry M. Huckaby, Director, Office of Planning and Budget

DATE:

March 20, 1992

SUBJECT: Fiscal Note - Senate Bill 834 Committee Substitute (LC 20 1491S) Drug Trafficking

This Bill would revise the provisions of current state law governing drug trafficking to

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JOURNAL OF THE SENATE

specifically include methamphetamine. Under this Bill, persons who sell, manufacture, de liver, or bring into this state, or have possession of 28 grams or more of methamphetamine (or any mixture of methamphetamine) would be committing the felony offense of trafficking in methamphetamine. Persons convicted of this offense would be sentenced to a mandatory minimum term of imprisonment of 10 years and fined $200,000 (if the amount of methamphetamine was 28 grams or more but less than 200 grams). For an amount of 200 grams or more but less than 400 grams, the mandatory minimum term of imprisonment would be 15 years and the fine would be $300,000. For 400 grams or more of methamphetamine, the mandatory minimum term of imprisonment would be 25 years and the fine would be $1 million. Under current law, persons convicted of manufacturing, deliv ering, distributing, dispensing, administering, selling, or possessing with intent to distribute a Schedule II controlled substance (which includes methamphetamine) are guilty of a felony and, for a first offense, are subject to imprisonment for not less than five years nor more than 30 years. It should be noted, however, that the current law does not mandate a mini mum term of imprisonment.
Because the number of persons who would be subject to the provisions of this Bill can not be estimated precisely, the exact cost of this Bill cannot be determined. However, data obtained from the Department of Corrections indicates that the cost of this Bill would be approximately $550,000 in the first year following the Bill's effective date and would in crease to a cost of approximately $4.3 million by the tenth year of the Bill's effective date. The total cost over the first 10 years is estimated to be about $25.9 million. This cost esti mate is based on the cost of housing an additional 11 inmates in the first year with an additional 23 inmates being added each year during the second through the tenth years of the Bill's effective date.

Is/ G. W. Hogan State Auditor

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

Senator Collins of the 17th moved that the Senate agree to the House substitute to SB 834.

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

Those voting in the affirmative were Senators:

Alien Baldwin Bishop Bowen Broun of 46th Brown of 26th Burton Clay Coleman Collins Dawkins
Dean Echols Edge

Egan Foster Garner Gillis Hammill Hasty Henson Hill Hooks Huggins Kidd
Marable Moye Newbill

Perdue Perry Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Steinberg Tate Taylor Thompson
Turner Tysinger White

Those not voting were Senators:

Albert Deal (excused conferee) English Harris (excused) Johnson (excused conferee)

Langford Phillips Robinson Scott Shumake

Starr (presiding) Timmons Walker of 22nd Walker of 43rd

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3305

On the motion, the yeas were 42, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 834.

The following bill of the House was taken up for the purpose of considering the Confer ence Committee report thereon:

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.

The Conference Committee report on HB 559 was as follows:
The Committee of Conference on HB 559 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference substitute to HB 559 be adopted.
Respectfully submitted,

FOR THE SENATE:
M Culver Kidd Senator, District 25
/s/ Gene Walker Senator, District 43
/s/ Robert Brown Senator, District 26

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Willow Smith Representative, District 156
/s/ Paul S. Branch, Jr. Representative, District 137
Roger C. Byrd Representative, District 153

Conference Committee 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 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

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JOURNAL OF THE SENATE

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) 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 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

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3307

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.

Senator Kidd of the 25th moved that the Senate adopt the Conference Committee re port on HB 559.

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

Those voting in the affirmative were Senators:

Alien Baldwin Bishop Bowen Broun of 46th Brown of 26th
^urton Coleman Dawkins
Echols Edge Egan English Foster

Garner Gillis Hammill Harris Hasty Henson
Hill Hks Hu ^ ms
Kidd Marable Moye Newbill Perry

Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey R
Steinberg
Thompson Timmons Turner Tysinger White

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JOURNAL OF THE SENATE

Those voting in the negative were Senators:

Collins

Dean

Perdue

Those not voting were Senators:

Albert Deal (excused conferee) Johnson (excused conferee) Langford

Robinson Scott Shumake

Starr (presiding) Walker of 22nd Walker of 43rd

On the motion, the yeas were 43, nays 3; the motion prevailed, and the Senate adopted the Conference Committee report on HB 559.

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

SB 164. By Senators Clay of the 37th, Newbill of the 56th, Ragan of the 32nd, Thompson of the 33rd and others:
A bill to amend Article 4 of Chapter 21 of Title 15 of the Official Code of Georgia Annotated, the "Peace Officer and Prosecutor Training Fund Act of 1983," so as to provide that funds remitted pursuant to such Act shall be disbursed on an annual basis to the Georgia Public Safety Training Center and the Georgia Peace Officer Standards and Training Council; to establish the percentage of such disbursement.

The House substitute to SB 164 was as follows:

A BILL
To be entitled an Act 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 the manner in which sums for the county jail fund shall be paid over; to repeal conflict ing laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 21 of Title 15 of the Official Code of Georgia Annotated, relating to the payment and disposition of fines and forfeitures, is amended by striking subsection (a) of Code Section 15-21-94, relating to assessment and collection of sums for the county jail fund, and inserting the following:
"(a) The sums provided for in Code Section 15-21-93 shall be assessed and collected by the clerk or court officer charged with the duty of collecting moneys arising from fines and forfeited bonds and shall be paid over to the governing authority of the county in which the court is located or, in the case of a municipality which has contracted for jail services, to the governing authority of the county with which the municipality has contracted by the tenth day of the month following the month in which such sums are collected. Such sums paid over to the governing authority shall be deposited by the governing authority into a special account to be known as the 'county jail fund.' "
Section 2. All laws and parts of laws in conflict with this Act are repealed.

Senator Clay of the 37th moved that the Senate agree to the House substitute to SB 164.

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

Those voting in the affirmative were Senators:

Alien Baldwin

Bishop Bowen

Broun of 46th Brown of 26th

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3309

Burton Collins Dawkins Dean Echols
^dge Engag"lish, Foster Garner Gillis Hammill Harris

Hasty Henson Hill Hooks Huggins
Kidd Marable Moye Perdue Perry Pollard Ragan of 10th

Ragan of 32nd Ramsey Ray Scott Steinberg
Tate TayJ lor Thompson Timmons Turner Tysinger White

Those not voting were Senators:

Albert C lav DeaT(excused conferee) Johnson (excused conferee)

Langford Newbill PhilliPs Robinson

Shumake Starr (presiding) Walker of 22nd Walker of 43rd

On the motion, the yeas were 43, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 164.

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

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.

The House amendment was as follows:

Amend the Senate substitute to HB 576 by striking "to" on line 13 of page 1 and in serting in its place the following:
"to provide for an exception with respect to the licensing requirements regarding the operation of certain crematories; to provide for effective dates; to".
By inserting between lines 7 and 8 on page 4 the following:
"Section 5A. Said chapter is further amended by adding a new subsection at the end of Code Section 43-18-72, relating to crematories, to be designated subsection (g), to read as follows:
'(g) Notwithstanding any other provision of this chapter to the contrary, no person op erating a crematory on January 1, 1992, shall be required, until July 1, 1994, to obtain a license from the board to operate such crematory.' "
By inserting between lines 16 and 17 of page 4 the following:
"Section 6A. (a) Except as otherwise provided in subsection (b) of this section, this Act shall become effective on July 1, 1992.
(b) This subsection and Section 5A of this Act shall become effective upon the approval of this Act by the Governor or upon its becoming law without such approval."

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JOURNAL OF THE SENATE

Senator Garner of the 30th moved that the Senate agree to the House amendment to the Senate substitute to HB 576.

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

Those voting in the affirmative were Senators:

Alien Baldwin Bishop Bowen Broun of 46th Brown of 26th Burton Clay Collins Dawkins Dean Echols Edge Egan English

Foster Garner Gillis Hammill Harris Hasty Henson Hill Hooks Huggins Marable Moye Newbill Perdue Perry

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

Voting in the negative was Senator Kidd.

Those not voting were Senators:

Albert Coleman Deal (excused conferee) Johnson (excused conferee)

Langford Phillips Robinson Shumake

Starr (presiding) Walker of 22nd Walker of 43rd

On the motion, the yeas were 44, nays 1; the motion prevailed; and the Senate agreed to the House amendment to the Senate substitute to HB 576.

The following bill of the House was taken up for the purpose of considering the Confer ence Committee report thereon:

HB 324. By Representatives Cummings of the 134th, McKinney of the 35th, Thomas of the 55th and others:
A bill to amend Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, so as to provide that it shall be unlawful for a person to knowingly sell any real or personal property in exchange for any criminally de rived property.

The Conference Committee report on HB 324 was as follows:
The Committee of Conference on HB 324 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference substitute to HB 324 be adopted.
Respectfully submitted,

FOR THE SENATE:
M Mark Taylor Senator, 12th District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ William C. Randall Representative, 101st District

TUESDAY, MARCH 31, 1992

3311

Arthur B. Edge, IV Senator, 28th District
Harrill L. Dawkins Senator, 45th District

/s/ Jim Martin Representative, 26th District
/s/ Mary Young-Cummings Representative, 134th District

Conference Committee substitute to HB 324:

A BILL
To be entitled an Act to amend Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, so as to provide that it shall be unlawful for a person to knowingly sell any real or personal property in exchange for any criminally derived prop erty; to provide for exceptions; to provide definitions; to provide a penalty; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is amended by adding at the end thereof a new chapter to be designated Chapter 15 to read as follows:
"CHAPTER 15
16-15-1. As used in this chapter, the term:
(1) 'Criminally derived property' means any real or personal property, including money, constituting, or derived from, proceeds obtained as a result of the unlawful sale, possession for distribution, transportation, manufacture, distribution, or delivery of any controlled sub stance, dangerous drug, or marijuana, as defined in Articles 2 and 3 of Chapter 13 of this title.
(2) 'Monetary instrument' means coin or currency of the United States or any other country, traveler's checks, personal checks, bank checks, money orders, investment securi ties, or negotiable instruments in bearer form or otherwise in such form that title thereto passes upon delivery.
(3) 'Person' means any individual, partnership, firm, association, corporation, or other legal entity.
16-15-2. It shall be unlawful for any person to sell, convey, or otherwise transfer, di rectly or indirectly, any real or personal property in exchange for any monetary instrument or anything else of value which such person knows or should know is or represents crimi nally derived property as defined in Code Section 16-15-1, except for any transaction for the purpose of preserving a person's right to representation as guaranteed by the state and fed eral constitutions.
16-15-3. (a) Except as provided in subsection (b) of this Code section, any person who violates the provisions of this Code section shall be guilty of a misdemeanor.
(b) If the amount involved in the unlawful sales transaction exceeds $10,000.00, then a person who violates the provisions of this Code section shall be guilty of a felony and shall be sentenced to a fine of not more than $20,000.00 or twice the amount involved in the sale, whichever is greater, or imprisonment for not more than ten years, or both."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

Senator Taylor of the 12th moved that the Senate adopt the Conference Committee report on HB 324.

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

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JOURNAL OF THE SENATE

Those voting in the affirmative were Senators:

Bishop Steinberg

Taylor

White

Those voting in the negative were Senators:

Albert Alien Baldwin Bowen Broun of 46th Brown of 26th Burton Clay Coleman Collins Dawkins 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 Scott Thompson Timmons Turner Tysinger Walker of 22nd

Those not voting were Senators:

Deal Hill Robinson

Shumake Starr (presiding)

Tate Walker of 43rd

On the motion, the yeas were 4, nays 45; the motion was lost, and the Conference Com mittee report on HB 324 was rejected.

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

Mr. President:

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

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

HB 2151. By Representatives Williams of the 48th, Tolbert of the 58th, Sherrill of the 47th, Davis of the 45th, Lawrence of the 49th and others:
A bill to provide a homestead exemption from certain DeKalb County School District ad valorem taxes for educational purposes on the full value of the home stead after a five-year phase in period for certain residents of that school district who are 70 years of age or over and who have annual incomes not exceeding $50,000.00.

TUESDAY, MARCH 31, 1992

3313

The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:
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 House substitute to SB 751 was as follows:
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 abolish the existing five-member board and to provide that the Criminal Justice Coordinating Council shall serve as the Georgia Crime Victims Compensation Board; to provide that the Governor shall appoint the director of the Georgia Crime Victims Emergency Fund; to revise various provisions so that the State of Georgia may continue to be eligible for federal funds; to require an applicant for victim's compensation to pursue restitution rights unless the board determines that such action is not feasible; 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 victim compensation, is amended by striking in its entirety Code Section 17-15-3, relating to the creation of the Georgia Crime Victims Compensation Board, and inserting in lieu thereof a new Code Section 17-15-3 to read as follows:
"17-15-3. (a) The five-member Georgia Crime Victims Compensation Board in existence on June 30, 1992, is abolished.
{ft} (b) There is created the Georgia Crime Victims Compensation Board, consisting of five mcmEcrs. The Criminal Justice Coordinating Council created under Chapter 6A of Title 35 shall serve as the Georgia Crime Victims Compensation Board. he-mcmbcr8 of the board shall be appointed by the Governor, subject to confirmation"!^ the Senate. At least one member of the board shall be a representative of the insurance industry and at leaat one member shall be a member of the State Bar of Georgia.
(b) The term of office of each member shall be five years, except that with respect to the first members appointed, one member shall be appointed for a term of six ycara, one member ahall be appointed for a term of five ycara, one member shall be appointed for a term of four years, one member shall be appointed for a term of three years, and one mem her ahall be appointed for a term of two years. Any member appointed to fill a vacancy eeettrring otherwise than by expiration of a term shall be appointed for the remainder of the uncxpircd term.
(c) The Governor shall designate one member of the board aa chairman, to serve at the pleasure of the Governor.
W (c) Each member of the board shall receive the same per diem expense allowance as that received by members of the General Assembly for each day a board member is in at tendance at a meeting of the board, plus reimbursement for actual transportation costs in curred while traveling by public carrier or the mileage allowance authorized for certain state officials and employees for the use of a personal automobile in connection with such attend ance. The above shall be paid in lieu of any other per diem, allowance, or remuneration.
(d) The Governor shall appoint the director of the Georgia Crime Victims Emergency Fund to carry out the provisions of this chapter.
(c) The board shall be assigned to the State Board of Workers' Compensation for adminiatrativc purposes only."

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JOURNAL OF THE SENATE

Section 2. Said chapter is further amended by striking in its entirety Code Section 1715-4, relating to the powers of the Georgia Crime Victims Compensation Board, and in serting in lieu thereof a new Code Section 17-15-4 to read as follows:
"17-15-4. (a) The board shall have the following powers and duties:
(1) To appoint a director of the Georgia Crime Victims Emergency Fund and such other employees necessary to assist the director in carrying eerry out the provisions of this chap ter. Such director and employees shall be subject to Chapter 20 of Title 45, relating to the state merit system;
(2) To contract for services from attorneys, actuaries, investigators, and other special ized personnel as shall be necessary to enable the board to carry out its functions;
(3) To promulgate suitable rules and regulations to carry out the provisions and pur poses of this chapter;
(4) To request from the Attorney General, the Department of Public Safety, district attorneys, solicitors, judges, county and municipal law enforcement agencies, and any other agency or department such assistance and data as will enable the board to determine the needs state wide for victim assistance and whether, and the extent to which, a claimant qualifies for an award. Any person, agency, or department listed above is authorized to pro vide the board with the information requested upon receipt of a request from the board. Any provision of law providing for confidentiality of records does not apply to a request of the board pursuant to this Code section; provided, however, that the board shall preserve the confidentiality of any such records received;
(5) To hear and determine all claims for awards filed with the board pursuant to this chapter and to reinvestigate or reopen cases as the board deems necessary;
(6) To apply for funds from, and to submit all necessary forms to, any federal agency participating in a cooperative program to compensate victims of crime and to receive and administer federal funds for the purposes of this chapter;
(7) To render awards to victims of crimes or to those other persons entitled to receive awards in the manner authorized by this chapter;
(8) To carry out programs designed to inform the public of the purposes of this chapter; and
(9) To render each year to the Governor and to the General Assembly a written report of its activities pursuant to this chapter.
(b) The board shall assist applicants with their claims for restitution through educationaTprograms and administrative assistance."
Section 3. Said chapter is further 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
(4) Any person who is a member of the family of a person committing a crime when it is in the interest of justice to award emergency funds victim of family violence as defined by

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3315

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) Unless the board shall determine in a particular case that the interests of justice require otherwiac, a member of the family of a person who ia criminally responsible for the crime upon which a claim is based or who is an accomplice of auch a pcroon ahull not be eligible to receive an award with respect to auch claim. For the purposes of this subsection, the term 'family,' when used with reference to a person, shall mean.
(1) Any person related to auch person within the third degree of consanguinity or
tnuflflilnlUii-jTy ,
(2) Any person maintaining a sexual relationship with such person, or
(3) Any person residing in the same household with such person.
(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 4. Said chapter is further amended by striking in its entirety subsection (a) of Code Section 17-15-8, relating to required findings, amount of awards, and rejection of claims, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) No award may be made unless the board or director finds that:
(1) A crime was committed;
(2) The crime directly resulted in physical injury, financial hardship, or death of the victim; and
(3) Police records show that the crime was promptly reported to the proper authorities. In no case may an award be made where the police records show that such report was made more than 72 hours after the occurrence of such crime unless the board, for good cause shown, finds the delay to have been justified; andr
(4) The applicant has pursued restitution rights against any person who committed the crime unless the board or director determines that such action would not be feasibleT
The board, upon finding that any claimant or award recipient has not fully cooperated with all law enforcement agencies, may deny, reduce, or withdraw any award."
Section 5. 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 services, lost wages

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JOURNAL OF THE SENATE

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

Senator Henson of the 55th moved that the Senate agree to the House substitute to SB 751.

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

Those voting in the affirmative were Senators:

Albert Alien Baldwin BishP
Bowen Broun of 46th
Brown of 26th D PIUrtOn Coleman Collins Dawkins Dean Echols Edge Egan

English Foster Harris Hasty
Henson Hookg
,, JTohv nson Kidd Langford Marable Moye Newbill Perry Phillips

Pollard Ragan of 10th Ragan of 32nd Ramsey
Ray Scott
Steinberg rTr\atA.e Taylor Thompson Timmons Turner Tysinger Walker of 22nd White

Those not voting were Senators:

Deal (excused conferee) Garner (excused conferee) Gillis Hammill

Hill Perdue Robinson

Shumake Starr (presiding) Walker of 43rd

On the motion, the yeas were 46, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 751.

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

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.

The House substitute to SB 631 was as follows:

A BILL
To be entitled an Act to amend Article 2 of Chapter 10 of Title 13 of the Official Code of Georgia, Annotated, relating to the retention of contractual payments and creation and

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3317

maintenance of escrow accounts on contracts for installation, improvement, and mainte nance of water or sewer facilities, so as to provide for the payment to contractors of interest earned on money retained under public works contracts; to provide that retainage shall be invested at the current market rate; to provide that at substantial completion of the work and as the governmental entity's authorized contract representative determines the work to be reasonably satisfactory, the governmental entity shall within 30 days after invoice and other appropriate documentation as may be required by the contract documents are pro vided pay the retainage to the contractor; to provide for cases in which there are remaining incomplete minor items; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 2 of Chapter 10 of Title 13 of the Official Code of Georgia Annotated, relating to the retention of contractual payments and creation and maintenance of escrow accounts on contracts for installation, improvement, and maintenance of water or sewer fa cilities, is amended by striking in its entirety Code Section 13-10-20, relating to authoriza tion and procedure for retention of contractual payments by the state or political subdivi sions, and inserting in lieu thereof a new Code Section 13-10-20 to read as follows:
"13-10-20. (a) Any department, agency, or instrumentality of the state or any political subdivision of the state is authorized to insert in the specifications of all contracts relating to the installation, extension, improvement, maintenance, or repair of any water or sewer facility a clause providing for the retention of amounts not exceeding 10 percent of the gross value of the completed work as may be provided for in the contract; provided, however, that no amounts shall be retained on estimates or progress payments submitted after 50 percent of the work on the project has been completed if in the opinion of the department, agency, or instrumentality of the state or any political subdivision thereof such work is satisfactory and has been completed on schedule. This will not affect the retained amounts on the first 50 percent of the work on the project which may continue to be held to ensure satisfactory completion of the project. If, after discontinuing the retention, the department, agency, or instrumentality of the state or any political subdivision thereof determines that the work is unsatisfactory or has fallen behind schedule, retention may be resumed at the previous level. Retainage shall be invested at the current market rate and any interest earned on the retained amount by such department, agency, or instrumentality of the state or any political subdivision of the state shall be paid to the contractor when the project has been completed within the time limits specified and for the price specified in the contract, or in any amend ments or change orders approved in accord with the terms of the contract, as certified pur suant to subsection (b) of this Code section.
(b) Final payment of the retained amounts to the contractor under the contract to which the retained amounts relate shall be made after certification by the engineer in charge of the project covered by the contract that the work has been satisfactorily completed and is accepted in accordance with the contract, plans, and specifications. Payment to the contrac tor of interest earned on the retained amounts shall be made after certification by the engi neer in charge of the project covered by the contract that the work has been completed within the time specified and within the price specified in the contract
(c) At substantial completion of the work and as the governmental entity's authorized contract representative determines the work to be reasonably satisfactory, the governmental entity shall within 30 days after invoice and other appropriate documentation as may be required by the contract documents are provided pay the retainage to the contractor. If at that time there are any remaining incomplete minor items, an amount equal to 200 percent of the value of each item as determined by the governmental entity's authorized contract representative shall be withheld until such item or items are completed."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
Senator Edge of the 28th moved that the Senate agree to the House substitute as amended by the following amendment:

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Amend the House substitute to SB 631 by striking from line 9 of page 1 the word "provide" and inserting in lieu thereof the word "clarify".

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
Dean
Echols
Edge Egan

English Garner Hammill Harris Hasty Henson Hooks Huggins Kidd Langford
Marable
Newbill
Perdue
Perry Phillips

Pollard Ragan of 10th Ragan of 32nd Ramsey Scott Starr S,
Ihompson Timmons Turner Tysinger Walker of 22nd White

Those not voting were Senators:

Clay Deal (excused conferee) Foster Gillis

Hill Johnson (excused conferee) Moye Ray

Robinson Shumake Steinberg Walker of 43rd

On the motion, the yeas were 44, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 631 as amended by the Senate.

The President resumed the Chair.

The following bill and resolution of the Senate were taken up for the purpose of consid ering the House substitute thereto:

SB 317. By Senator Shumake of the 39th:
A bill to amend Chapter 15 of Title 9 of the Official Code of Georgia Annotated, relating to costs in civil cases, so as to eliminate cross-references to Code Section 15-6-77.2, relating to total costs for clerk's services in counties with a population of 450,000 or more; to provide a contingent effective date.

The House substitute to SB 317 was as follows:

A BILL
To be entitled an Act to amend Article 2 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to clerks of the superior courts, so as to change the popula tion classification in Code Section 15-6-77.2, relating to costs for clerk's services in certain counties; to change certain costs and fees; to provide for other matters relating to the fore going; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 2 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to clerks of the superior courts, is amended by striking Code Section 15-6-77.2,

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3319

relating to total costs for clerk's services in certain counties, in its entirety and inserting in lieu thereof a new Code Section 15-6-77.2 to read as follows:
"15-6-77.2. (a) This Code section shall apply to all counties of this state having a popu lation of 460,000 640,000 or more according to the United States decennial census of W89 1990 or any future such census.
(b) For purposes of this Code section, the term 'domestic civil cases' means:
(1) Divorce cases;
(2) Alimony cases;
(3) Annulment cases;
(4) Separate maintenance cases; or
(5) A modification of decree in any of the matters specified in paragraphs (1) through (4) of this subsection.
(c) In all counties specified in subsection (a) of this Code section, the total costs for all services rendered by the clerk of superior court in domestic civil cases through judgment or dismissal shall be 840.00 $58.00, plus $8.00 for each party other than the original plaintiff and defendant.
(d) In all civil cases other than those specified in subsection (c) of this Code section and those in which there is no adversary party against whom costs may be taxed, the total cost for all services rendered by the clerk of superior court through judgment or dismissal shall be $66.00 $58.00, plus $8.00 for each party or intervenor other than one defendant and the original plaintiffs one plaintiff.
(e) The sums specified by subsections (c) and (d) of this Code section shall be paid to the clerk of superior court at the time of the filing of the original complaint except such sums as shall be due by reason of the addition of parties, which sums shall be paid to the clerk at the time such parties are added or a motion to add parties is filed, whichever event occurs first.
(f) The sums specified in subsections (c) and (d) of this Code section shall be in lieu of all other costs for the clerk in the civil cases specified in such subsections, but nothing in this Code section shall be construed so as to prohibit the collection of any other costs au thorized by law for postjudgment proceedings or for any other services which the clerk or the sheriff shall perform. Nothing in this Code section shall be construed to affect in any way the power and authority of the superior courts of counties described in subsection (a) of this Code section from taxing costs in accordance with law, but no costs collected under this Code section shall be refunded by the clerk unless and until the same have been paid to the clerk by the losing party.
(g) All sums charged and collected by the clerks of superior court pursuant to this Code section shall be paid into the county treasury."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

Senator Scott of the 36th moved that the Senate agree to the House substitute to SB 317.

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

Those voting in the affirmative were Senators:

Albert Alien Baldwin Broun of 46th Brown of 26th

Burton Clay Coleman Collins Dean

Echols Edge Egan Harris Hasty

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JOURNAL OF THE SENATE

Henson Hooks Huggins Langford Marable Newbill Perdue

Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Scott

Starr Tate Taylor Timmons Turner Walker of 22nd White

Those not voting were Senators:

Bishop Bowen
Dne^al^(e11x8cuseA d co* nfer* ee) English Foster Garner (excused conferee)

Gillis Hammill
J^ ohnson <(excuseAd confteree), Kidd Moye Ray

Robinson Shumake
Steinberg Ihompson Tysinger Walker of 43rd

On the motion, the yeas were 36, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 317.

SR 510. By Senator Harris of the 27th:
A resolution creating the Study Committee on Professional, Occupational, and Business Licensing and Taxation.

The House substitute to SR 510 was as follows:

A RESOLUTION
To create the Study Committee on Professional Tax Equity; to provide for the duties and responsibilities of such committee; to authorize units of the University System of Geor gia to provide staff to such committee; to provide for the membership and the method of appointment of such committee; to repeal conflicting laws; and for other purposes.
WHEREAS, Code Section 48-13-5 of the Official Code of Georgia Annotated limits the authority of municipalities and counties to impose occupation taxes upon certain selected professions and businesses; and
WHEREAS, such Code section was originally applicable only to professions such as attorneys, accountants, and physicians; and
WHEREAS, a trend has developed for the General Assembly to add new classes of professions to such Code section; and
WHEREAS, there is a need for a comprehensive study of the revenue impact on munic ipalities and counties of Code Section 48-13-5 of the Official Code of Georgia Annotated, the equity of the shift in the burden of business taxation from those professions and businesses granted special treatment by such Code section to other noncovered professions and busi nesses, and reconsideration of the benefit to the general public of granting such tax limitations.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. There is created the Study Committee on Professional Tax Equity which shall be comprised of not more than 20 persons. Ten members shall be appointed by the President of the Senate and ten members shall be appointed by the Speaker of the House of Representatives. Two members of the House of Representatives and at least five members of the committee shall come from the professions or businesses presently covered by Code Section 48-13-5 of the Official Code of Georgia Annotated. Two members of the Senate and

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3321

at least five members of the committee shall be representatives of municipalities or counties and the remaining members shall be representatives of the public or of professions or busi nesses not presently subject to such Code section.
Section 2. The committee shall investigate the purposes, the equity, the revenue impact of Code Section 48-13-5 of the Official Code of Georgia Annotated on municipalities and counties, and the cost implications for professions and businesses which are not covered by such Code section. The committee shall investigate the practices of other states with regard to business taxation of similar businesses by municipalities and counties in such states. Based upon its study, the committee shall recommend either the continuation, modification, expansion, or elimination of Code Section 48-13-5.
Section 3. The committee may contract with units of the University System of Georgia to provide staff to the committee and to perform research and write reports as directed by the committee.
Section 4. The committee shall file a final written report with the Speaker of the House of Representatives, the President of the Senate, and the Governor on or before December 31, 1992. Upon the filing of such report, the committee shall stand abolished.
Senator Harris of the 27th moved that the Senate agree to the House substitute to SR 510.
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 Brown of 26th Burton Clay Coleman Collins Dawkins Dean Echols Edge Egan

English Garner Gillis Hammill Harris Hasty Henson Hooks Huggins Kidd Langford Marable Moye Newbill Perdue

Those not voting were Senators:

Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Robinson Scott Starr Tate Taylor Thompson Timmons Turner White

Bishop Deal (excused conferee) Foster Hill

Johnson (excused conferee) Ray Shumake Steinberg

Tysinger Walker of 22nd Walker of 43rd

On the motion, the yeas were 45, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SR 510.

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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 amendment thereto:
HB 2133. By Representatives Thomas of the 69th, Simpson of the 70th and Jones of the 71st: A bill to amend an Act establishing the State Court of Carroll County, so as to change the compensation of the solicitor.
The House amendment was as follows:
Amend the Senate amendment to HB 2133 by inserting on line 6 of page 1 of the amendment the following:
"By striking line 9 of page 3 and inserting in lieu thereof the following: 'considered part of the Carroll County civil service system for the purposes of county'."
Senator Garner of the 30th moved that the Senate agree to the House amendment to the Senate amendment to HB 2133.
On the motion, the yeas were 31, nays 0; the motion prevailed, and the Senate agreed to the House amendment to the Senate amendment to HB 2133.
The following bill of the House was taken up for the purpose of considering the House action thereon:
HB 1482. By Representatives Thomas of the 69th, Kilgore of the 42nd, 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 exceptions; to provide for notice and a public hearing regarding a reorganization or consolida tion plan.
Senator Dawkins of the 45th moved that the Senate insist upon the Senate substitute to HB 1482.
On the motion, the yeas were 34, nays 0; the motion prevailed, and the Senate insisted upon the Senate substitute to HB 1482.
The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:
SB 410. By Senators Johnson of the 47th, Deal of the 49th, Garner of the 30th and Thompson of the 33rd: A bill to amend Part 1 of Article 4 of Chapter 12 of Title 45 of the Official Code of Georgia Annotated, relating to management of budgetary and financial affairs, so as to require the submission of certain five-year strategic plans by each budget unit in conjunction with budget estimates.
The House substitute to SB 410 was as follows:
A BILL To be entitled an Act to amend Article 1 of Chapter 5 of Title 28 of the Official Code of Georgia Annotated, relating to general provisions regarding financial affairs, so as to cre ate the legislative fiscal oversight committee; to provide for selection of members; to provide for powers, duties, and authority of the committee; to provide for subpoena powers and

TUESDAY, MARCH 31, 1992

3323

meetings; to provide for allowances for the members; to require the submission of five-year strategic plans by budget units; to provide for the contents of such plans; to amend Chapter 6 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Audits and Accounts, so as to provide for program reviews and evaluations; to provide for powers, duties, and authority of the state auditor; to provide for such reviews and evaluations by private firms; 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 1 of Chapter 5 of Title 28 of the Official Code of Georgia Annotated, relating to general provisions regarding financial affairs, is amended by adding a new Code section at the end thereof, to be designated Code Section 28-5-5, to read as follows:
"28-5-5. (a) There is created the legislative fiscal oversight committee which shall be composed of five members of the House of Representatives appointed by the Speaker of the House of Representatives and five members of the Senate appointed by the President of the Senate. The members of such committee shall be selected within 30 days after each general election for members of the General Assembly and shall serve until their successors are appointed after each general election for members of the General Assembly.
(b) The members of such committee shall select by majority vote a chairperson and vice chairperson and such other officers as deemed necessary by such committee. Such commit tee shall meet at least six times each year and, upon the call of the chairperson, at such additional times as deemed necessary by the chairperson.
(c) It shall be the duty of such committee to review and evaluate the strategic plans, accomplishments, and expenditures as enumerated in subsection (f) of this Code section and review and evaluate such other information or reports as deemed necessary by such commit tee. The head of each budget unit shall cooperate with such committee and provide such information or reports as requested by the committee for the performance of its functions.
(d) Upon authorization by joint resolution of the General Assembly, the committee shall have the power while the General Assembly is in session or during the interim between sessions to compel the attendance of witnesses and the production of documents in aid of its duties. In addition, when the General Assembly is not in session, the committee shall have the power to compel the attendance of witnesses and the production of documents in aid of its duties, upon application of the chairperson of the committee, after a majority vote of the ten members of the committee and with the concurrence of the Speaker of the House of Representatives and the President of the Senate.
(e) Such committee shall make an annual report of its findings to the Appropriations Committees of the House of Representatives and the Senate and the applicable standing committees relative to the programs which are reviewed.
(f) (1) Each budget unit of state government shall submit a five-year strategic plan to the legislative fiscal oversight committee by May 1 of each year for new programs to be implemented in the following fiscal year and for existing programs at such times as re quested by the committee.
(2) Each plan shall contain a description of assessed needs, a list of planned improve ments of programs or services designed to address the assessed needs, a forecast of the costs of providing such services, a list of the goals for the programs or services to be improved, a list of objectives determined from these goals, a course of action for achieving the planned improvements including an implementation timetable, an evaluation system to determine if the objectives in the plan are being attained, and such other items as the committee may deem necessary. Each plan must include performance measures that provide methods and criteria to measure the performance of each agency in conducting its activities and in achieving its goals.
(3) By September 1 of each year each state agency shall report, for all programs for

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JOURNAL OF THE SENATE

which five-year strategic plans have been prepared and furnished to the committee, its pro gress toward meeting its established goals as measured by the performance measures in cluded in the strategic plan.
(g) The members of the committee shall receive the allowances authorized for legisla tive members of legislative committees. The funds necessary to pay such allowances for a committee member shall come from the funds appropriated either to the House of Repre sentatives or Senate of which chamber that committee member is a member."
Section 2. Chapter 6 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Audits and Accounts, is amended by adding a new Code section immedi ately following Code Section 50-6-24, to be designated Code Section 50-6-24.1, to read as follows:
"50-6-24.1. It shall be the duty of the state auditor to perform program reviews and evaluations as requested by a majority vote of the legislative fiscal oversight committee. Such reviews and evaluations shall include any specific analysis requested by the legislative fiscal oversight committee and shall evaluate the performance of the agency against the performance measures established by the agency in its strategic plan and whether those performance measures provide effective criteria by which to measure the performance of the agency. Program reviews may be conducted by a private firm when it has been determined by a majority vote of the ten members of the legislative fiscal oversight committee, in con sultation with the state auditor, that the review requires specialized external expertise. The private firm shall have access to the information necessary to conduct the program reviews described in this Code section. The cost of any such private firm review shall be paid for with funds specifically appropriated for such purpose or with funds otherwise available to the legislative branch of government."
Section 3. All laws and parts of laws in conflict with this Act are repealed.
Senator Johnson of the 47th moved that the Senate disagree to the House substitute to SB 410.
On the motion, the yeas were 32, nays 0; the motion prevailed, and the Senate disagreed to'the House substitute to SB 410.
Senator Foster of the 50th and Lieutenant Governor Howard each briefly addressed the Senate with regard to Senator Deal of the 49th who was commended by SR 588, adopted previously.
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has disagreed to the Senate amendment to the following bill of the House:
HB 2024. By Representative Connell of the 87th:
A bill to amend an Act providing a charter for the City of Augusta, so as to change the provisions limiting the succession in office of the mayor and council members.

TUESDAY, MARCH 31, 1992

3325

The following bill of the House was taken up for the purpose of considering the Confer ence Committee report thereon:

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.

The Conference Committee report on HB 1721 was as follows:
The Committee of Conference on HB 1721 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference substitute to HB 1721 be adopted.
Respectfully submitted,

FOR THE SENATE:
/s/ G. B. Pollard Senator, 24th District
/s/ J. Tom Coleman Senator, 1st District
/s/ Culver Kidd Senator, 25th District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Forrest McKelvey Representative, 15th District
/s/ E. M. Childers Representative, 15th District
/s/ Paul E. Smith Representative, 16th District

Conference Committee substitute to HB 1721:

A BILL
To be entitled an Act 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 and the Georgia Crime Victims Emergency Fund; to provide for related matters; to repeal con flicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 1 of Chapter 14 of Title 17 of the Official Code of Georgia Annotated, relating to restitution, is amended by striking Code Section 17-14-14, relating to restitution payments, and inserting in lieu thereof the following:
"17-14-14. Payments pursuant to an order for restitution shall be made to the clerk of the court or to any other person, for the benefit of the victim or victims, as the ordering authority shall order; provided, however, if the victim or victims cannot be located and the funds are held for a seven-year period, after such period 50 percent of the unclaimed funds shall be transferred into the Georgia Crime Victims Emergency Fund and 50 percent shall be transferred into the general operating fund of the county holding such restitution payments."
Section 2. All laws and part of laws in conflict with this Act are repealed.

Senator Pollard of the 24th moved that the Senate adopt the Conference Committee report on HB 1721.

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

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JOURNAL OF THE SENATE

Those voting in the affirmative were Senators:

Albert Baldwin Bishop Bowen Brown of 26th Burton Clay Collins Dawkins Deal Dean Echols Edge English

Foster Gillis Henson Hooks Huggins Kidd Langford Marable Moye Newbill Perdue Perry Pollard

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

Those not voting were Senators:

Alien Broun of 46th Coleman Egan Garner (excused conferee) Hammill

Harris Hasty Hill Johnson (excused conferee) Phillips

Scott Shumake Starr Taylor Walker of 22nd

On the motion, the yeas were 40, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on HB 1721.

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

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.

The House amendment was as follows:

Amend the Senate substitute to HB 2015 as follows: By striking "It shall" on line 7, page 2 through line 14, page 2.

Senator Thompson of the 33rd moved that the Senate disagree to the House amend ment to the Senate substitute to HB 2015.

On the motion, the yeas were 31, nays 2; the motion prevailed, and the Senate disagreed to the House amendment to the Senate substitute to HB 2015.

TUESDAY, MARCH 31, 1992

3327

The following resolution of the Senate was read and adopted:

SR 611. By Senator Garner of the 30th:
A resolution commending the students participating in the Senate Intern Pro gram for the 1992 session of the General Assembly of Georgia.

Senator Garner of the 30th introduced the Senate Interns for the 1992 Session of the General Assembly.

The following bill of the Senate was taken up for the purpose of considering the Confer ence Committee report thereon:

SB 159. By Senators Olmstead of the 26th and Albert of the 23rd:
A bill to amend Chapter 11 of Title 43 of the Official Code of Georgia Annotated, relating to the Georgia Board of Dentistry and the licensed practice of dentistry, so as to change the penalty for the practice of dentistry without a license.

The Conference Committee report on SB 159 was as follows:
The Committee of Conference on SB 159 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference substitute to SB 159 be adopted.
Respectfully submitted,

FOR THE SENATE:
/s/ Frank A. Albert Senator, 23rd District
/s/ Charles W. Walker Senator, 22nd District
/s/ Steve Henson Senator, 55th District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ John Simpson Representative, 70th District
/s/ E. M. Childers Representative, 15th District
/s/ Van Streat, Sr. Representative, 139th District

Conference Committee substitute to SB 159:

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 revise provisions relative to the practice and licensure of certain health related professions; to change the penalty for subsequent convic tions of the practice of dentistry without a license; to prohibit the performance of surgery or other invasive procedures by unlicensed persons; to authorize the Composite State Board of Medical Examiners to contract with organizations for impaired physician programs; to au thorize certain provisional licenses to practice medicine under certain conditions in certain areas for persons who have completed studies at certain nonapproved medical schools; to provide for the revocation of such provisional licenses; to provide for other matters; to pro vide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, is amended by striking in its entirety Code Section 43-11-50, relating to the penalty for the practice of dentistry without a license, and inserting in lieu thereof a new Code Section 43-11-50 to read as follows:
"43-11-50. Any person who practices dentistry in this state without obtaining a license to practice from the board shall be guilty of a misdemeanor upon conviction for the first

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such offense, a high and aggravated misdemeanor upon conviction for the second such offense, and a felony upon conviction for the third such offense."
Section 2. Said title is further amended by striking Code Section 43-34-1, which reads as follows:
"43-34-1. (a) As used in this Code section, the term 'naturopathy' means a philosophy and system of the healing art embracing prevention, diagnosis, and treatment of human ills by the use of air, light, heat, cold, water, and manipulation, together with the use of such nutritional substances as are naturally found in and are required by the body; such treat ment avoids the use of drugs, surgery, X-rays, and radium therapy.
(b) Any person who practices naturopathy in this state in violation of this article shall be guilty of a misdemeanor.
(c) This Code section shall not apply to any person who is licensed to practice the healing arts under any other law of this state if the law under which such person is licensed authorizes the practice of naturopathy.",
in its entirety and inserting in its place a new Code Section 43-34-1 to read as follows:
"43-34-1. Only persons licensed under the laws of this state to practice medicine under this chapter, veterinarians licensed under Chapter 50 of this title, dentists licensed under Chapter 11 of this title, or podiatrists licensed under Chapter 35 of this title shall perform any surgery, operation, or invasive procedure in which human or animal tissue is cut, pierced, or otherwise altered by the use of any mechanical means, laser, ionizing radiation, medication administered by injection, or the removal of foreign bodies from within the tis sues of the eye."
Section 3. Said title is further amended by adding at the end of Code Section 43-34-21, relating to the establishment and powers of the Composite State Board of Medical Examin ers, a new subsection (h) to read as follows:
"(h) The board shall have the authority to contract with medical associations or other professionally qualified organizations to conduct impaired physicians programs."
Section 4. Said title is further amended by adding at the end of Code Section 43-34-27, relating to licensing requirements for persons engaged in practice of medicine, a new subsec tion (c) to read as follows:
"(c) Notwithstanding any other contrary provisions of this Code section, a person who has:
(1) Completed the academic curriculum in residence in a nonapproved medical school, as specified in subsection (b) of this Code section;
(2) Completed one year of supervised clinical training in a teaching hospital in Georgia that is approved by the board;
(3) Satisfactorily completed one year of a board approved internship or residency train ing program in Georgia that is approved by the board;
(4) Received a favorable letter of recommendation from the program director of such board approved internship or residency program; and
(5) Satisfactorily completed components 1 and 2 of the Federation Licensing Examina tion (FLEX)
shall be eligible to apply for a provisional license to practice medicine during the completion of such person's board approved internship or residency training program. Such provisional license, if approved by the board, shall allow the holder to practice medicine in a Health Professional Shortage Area designated as such by the United States Department of Health and Human Services, based on recommendations by the Georgia State Health Planning Agency. Such a provisional license shall not be approved pursuant to this subsection for

TUESDAY, MARCH 31, 1992

3329

more than two years and if the licensee leaves, quits, or is expelled from the approved resi dency program, the provisional license shall be deemed to be revoked. Such provisional li cense shall be issued only upon approval by the board and nothing contained herein shall be construed to require the issuance of such license."
Section 5. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 6. All laws and parts of laws in conflict with this Act are repealed.

Senator Albert of the 23rd moved that the Senate adopt the Conference Committee report on SB 159.

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

Those voting in the affirmative were Senators:

Albert Baldwin Burton Clay Coleman Collins Dawkins Echols Edge Egan Foster Hammill

Henson Hooks Huggins Kidd Langford Marable Moye Newbill Perdue Perry Pollard

Ragan of 10th Ramsey Ray Steinberg Tate Taylor Thompson Turner Tysinger Walker of 43rd White

Those voting in the negative were Senators:

Bowen

Harris

Starr

Those not voting were Senators:

Alien Bishop Broun of 46th Brown of 26th Deal (excused conferee) Dean English

Garner (excused conferee) Gillis Hasty Hill Johnson (excused conferee) Phillips

Ragan of 32nd Robinson Scott Shumake Timmons Walker of 22nd

On the motion, the yeas were 34, nays 3; the motion prevailed, and the Senate adopted the Conference Committee report on SB 159.

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

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.

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The House amendment was as follows:
Amend the Senate amendment to HB 1979 by striking paragraph (3) and inserting in lieu thereof a new paragraph (3) to read as follows:
"(3) Adding a new Section 4 to read as follows: 'Section 4. Section 1 of this Act shall be repealed in its entirety 30 days after it becomes effective upon its approval by the Governor or upon its becoming law without such ap proval; provided, however, that any benefit granted prior to the repeal of this Act shall continue to exist beyond the date of such repeal.' "
By adding a new paragraph (4) to read as follows: "(4) Adding a new Section 5 to read as follows: 'Section 5. All laws and parts of laws in conflict with this Act are repealed.' "
Senator Taylor of the 12th moved that the Senate agree to the House amendment to the Senate amendment to HB 1979.
On the motion, a roll call was taken, and the vote was as follows:
Those voting in the affirmative were Senators:

Baldwin Bowen Broun of 46th Burton Clay Coleman Collins Dawkins Dean Echols Edge Egan Foster

Hammill
Harris Henson Hooks Huggins Kidd Langford Marable Moye Newbill Perdue Perry

Those not voting were Senators:

Pollard Ramsey Starr Steinberg Tate Taylor Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd

Albert Alien Bishop Brown of 26th Deal (excused conferee) English Garner (excused conferee)

Gillis Hasty Hill Johnson (excused conferee) Phillips Ragan of 10th

Ragan of 32nd Ray Robinson Scott Shumake White

On the motion, the yeas were 37, nays 0; the motion prevailed, and the Senate agreed to the House amendment to the Senate amendment to HB 1979.

TUESDAY, MARCH 31, 1992

3331

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 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 insists on its position in disagreeing to the Senate amendment, and has appointed a Committee of Conference on the part of the House to confer with a like com mittee on the part of the Senate on the following resolution of the House:
HR 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.
The Speaker has appointed on the part of the House, Representatives Watts of the 41st, Watson of the 114th and Buck of the 95th.
The House insists on its position in disagreeing to the Senate amendment, and has appointed a Committee of Conference on the part of the House to confer with a like com mittee on the part of the Senate on the following bill of the House:
HB 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.
The Speaker has appointed on the part of the House, Representatives Buck of the 95th, Parrish of the 109th and Kilgore of the 42nd.
The following bill of the House was taken up for the purpose of considering the House amendment to the Senate substitute thereto:
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 Official Code of Georgia Annotated, relating to cases in which an application for appeal is required, so as to provide

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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 amendment was as follows:
Amend the Senate substitute to HB 1679 by adding on line 5 of page 1 after the word "employer" and before the word "to" the following:
"or its insurer".
By adding on line 10 of page 1 after the word "employer" and before the semicolon the following:
"or its insurer".
By adding on line 26 of page 1 after the semicolon and before the word "to" the following:
"to provide for the annual disclosure of certain information by workers' compensation insurers;".
By striking lines 28 and 29 of page 1 and inserting in lieu thereof the following:
"insured employer; to provide for factors to be considered in applying experience modi fication factors; to revise provisions relative to the apportioning and assignment of rejected risks; to".
By striking the word "entitled" on line 7 of page 2 and inserting in lieu thereof the word "required".
By adding on line 11 of page 2 after the word and symbol "foregoing;" and before the word "to" the following:
"to provide an effective date;"
By striking lines 8 through 34 of page 3 and lines 1 through 28 of page 4 and inserting in lieu thereof the following:
"(b) In the event of recovery against such other person as contemplated in subsection (a) of this Code section, and the employer's liability under this chapter has been fully or partially paid, then the employer or such employer's insurer shall have a subrogation lien, not to exceed the actual amount of compensation paid pursuant to this chapter, against such recovery. The employer or insurer may intervene in any action to protect and enforce such lien. However, the employer's or insurer's recovery under this Code section shall be limited to the recovery of the amount of disability benefits and medical expenses paid under this chapter and shall only be recoverable if the injured employee has been fully and com pletely compensated, taking into consideration both the benefits received under this chapter and the amount of the recovery in the third-party claim, for all economic and noneconomic losses incurred as a result of the injury.
(c) Such action against such other person by the injured employee or those to whom his right of action survives must be instituted in all cases within one year from the date of injury. Failure on the part of the injured employee or those to whom his right of action survives to bring such action within the one-year period shall operate as an assignment to the employer or such employer's insurer of any cause of action in tort which the injured employee or those to whom his right of action survives may have against any other person for such injury or death, and such employer or insurer may enforce same in its name or in the name of the injured employee or in the name or names of those to whom the right of action survives for such employer's benefit. However, the employer or insurer may not retain any amount in excess of the limit of recovery allowed under subsection (b) of this Code

TUESDAY, MARCH 31, 1992

3333

section, and any net recovery in excess of that limit shall be paid over to the injured em ployee or those to whom the right of action survives. The employer or such employer's in surer shall have one year after such assignment within which to commence the action; pro vided, however, that if the cause of action described in subsection (a) of this Code section arises in a jurisdiction other than Georgia which has a statute of limitations for personal injury or wrongful death actions greater than the statute of limitations provided in this Code section, then the court hearing the cause of action shall apply the statute of limitation which provides the injured employee or those to whom his right of action survives the great est amount of time in which to institute an action.
(d) In the event of a recovery from such other person by the injured employee or those to whom such employee's right of action survives by judgment, settlement, or otherwise, the attorney representing such injured employee or those to whom such employee's right of action survives shall be entitled to a reasonable fee for services; provided, however, that if the employer or insurer has engaged another attorney to represent the employer or insurer in effecting recovery against such other person, then a court of competent jurisdiction shall upon application apportion the reasonable fee between the attorney for the injured em ployee and the attorney for the employer or insurer in proportion to services rendered. The provisions of Code Sections 15-19-14 and 15-19-15 shall apply.'"
By striking lines 32 and 33 of page 11 and lines 1 through 9 of page 12 and inserting in lieu thereof the following:
"(2) When an injury is not catastrophic, as defined in subsection (g) of Code Section 349-2001, and the employee is not working, the board shall determine that a change in condi tion for the better has occurred and the employee shall be entitled to the payment of bene fits for partial disability in accordance with Code Section 34-9-262 if it is determined that the employee has been capable of performing work with limitations or restrictions for 52 consecutive weeks. Within 60 days of the employee's release to return to work with restric tions or limitations, the employee shall receive notice from the employer on a form provided by the board that will inform the employee that he or she has been released to work with limitations or restrictions, will include an explanation of the limitations or restrictions, and will inform the employee of the general terms of this Code section. In no event shall an employee be eligible for more than 78 aggregate weeks of benefits for total disability while such employee is capable of performing work with limitations or restrictions. No provision of this paragraph shall be interpreted to prevent a change in condition from occurring pur suant to paragraph (1) of this subsection or to prevent an employee from becoming eligible for benefits for total disability should such employee subsequently become totally disabled after exhausting 52 consecutive weeks or 78 aggregate weeks of such benefits while capable of performing work with limitations or restrictions. Whenever an employer seeks to convert an employee from benefits for total disability to benefits for partial disability as provided in this paragraph, such employer may convert the benefits unilaterally by filing a form indicat ing the reason for the conversion as prescribed by rule of the board.' ".
By striking the semicolon at the end of line 22 of page 12 and inserting in lieu thereof a period.
By striking lines 23 through 30 of page 12 in their entirety.
By striking lines 4 through 12 of page 13 and inserting in lieu thereof the following:
"(2) If any provision of Code Section 34-9-221, without reasonable grounds, is not com plied with and a claimant engages the services of an attorney to enforce his or her rights under that Code section and the claimant prevails, the reasonable quantum meruit fee of the attorney, as determined by the board, and the costs of the proceedings may be assessed against the employer.
(3) Any assessment of attorney's fees".

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By striking lines 31 through 33 of page 13 and lines 1 through 19 of page 14 and in serting in lieu thereof new Sections 13 and 14 to read as follows:
"Section 13. Said chapter is further amended by striking Code Section 34-9-133, relat ing to the apportionment and assignment of rejected risks, in its entirety and inserting in its place a new Code Section 34-9-133 to read as follows:
'34-9-133. The board shall prescribe the rules and regulations for apportioning rejected workers' compensation policies and may establish an equitable assignment of such policies and enforce such provisions; provided, however, the Commissioner of Insurance is author ized to establish or approve a method to apportion on a pro rata basis any rejected workers' compensation policy where four insurers duly authorized to write workers' compensation insurance refused, in writing, to issue the workers' compensation policy to cover said risk or where the agent for the applicant for such insurance confirms in writing to the four insurers their refusal to cover said risk. In formulating this method of assignment, a minimum loss ratio will be considered by the Commissioner of Insurance. Then, such established or ap proved method shall immediately assign an insurer to write such risk. The Commissioner shall establish separate categories of risks rejected as the result of insufficient prior workers' compensation experience, risks rejected for factors other than workers' compensation loss experience, and risks rejected as the result of poor workers' compensation experience. Where such assignment has been made under the aforementioned method, the board shall not make the assignment.'
Section 14. Said chapter is further amended by adding following Code Section 34-9-134, relating to appeals from certain decisions, new Code Sections 34-9-135, 34-9-136, and 34-9137 to read as follows:
'34-9-135. (a) Each workers' compensation insurer shall disclose on or before March 1 of each year its costs, as provided in subsection (c) of this Code section, for the preceding calendar year.
(b) The disclosure required by this Code section shall be in the form prescribed by the Commissioner of Insurance and shall be filed with the Commissioner of Insurance.
(c) The disclosure required by this Code section shall include at a minimum the work ers' compensation insurer's total underwriting costs, administrative costs, legal defense costs, reserves, payments from reserves for claims, payments to the insurer from reserves, payments for medical benefits on behalf of employees pursuant to this chapter, payments for rehabilitation benefits on behalf of employees pursuant to this chapter, payments for weekly benefits to employees pursuant to this chapter, lump sum payments made to em ployees pursuant to this chapter, and payments to employees' attorneys made pursuant to this chapter, and the amounts of any taxes, fees, or assessments required by law.
34-9-136. Before an insurance company is authorized to submit statistical data on an employer to any licensed rating organization for purposes of determining the employer's experience modification factor, the insurance company must verify with the employer the accuracy of the data. In so verifying, the insurance company shall provide to the employer: (1) the data to be submitted; and (2) a statement in boldface type, to be signed by an authorized representative of the employer, and submitted by the insurance company to the licensed rating organization along with the statistical data. Said statement shall indicate that the statistical data to be submitted have been reviewed by the authorized representa tive of the employer; that said data are accurate; and that an insurance company represen tative has explained to the employer's representative that the statistical data to be submit ted may affect the employer's premium for workers' compensation insurance coverage.
34-9-137. Whenever an experience modification factor is applied to the premium of an employer's policy of workers' compensation insurance, consideration shall be given to any amounts recovered by such employer or its insurer pursuant to Code Section 34-9-11.1, re lating to rights of action against third parties and subrogation.' ".

TUESDAY, MARCH 31, 1992

3335

By striking lines 12 through 33 of page 19 and lines 1 and 2 of page 20 and inserting in lieu thereof the following:
"{h} (g) 'Catastrophic injury' means any injury which is one of the following:
(1) Spinal cord injury involving severe paralysis of an arm, a leg, or the trunk;
(2) Multiple amputation Amputation of an arm, a hand, a foot, or a leg involving the effective loss of use of that appendage;
(3) Severe brain or closed head injury as evidenced by:
(A) Severe sensory or motor disturbances;
(B) Severe communication disturbances;
(C) Severe complex integrated disturbances of cerebral function;
(D) Severe disturbances of consciousness;
(E) Severe episodic neurological disorders; or
(F) Other conditions at least as severe in nature as any condition provided in subparagraphs (A) through (E) of this paragraph.
(4) Second or third degree burns over 25 percent of the body as a whole or third degree burns to 5 percent or more of the face or hands;
(5) Total or industrial blindness; or
(6) Any other injury determined to be catastrophic in nature by the board. Any other injury of a nature and severity as has qualified or would qualify an employee to receive disability income benefits under Title II or supplemental security income benefits under Title XVI of the Social Security Act as such Act exists on July 1, 1992, without regard to any time limitations provided under such Act.7^
By renumbering Sections 16.1 and 17 as Sections 17 and 18, respectively.
By adding between lines 15 and 16 of page 22 a new Section 19 to read as follows:
"Section 19. Said chapter is further amended by striking subsection (b) of Code Section 34-9-221, relating to the payment of income benefits and the procedure for controverting such payment, in its entirety and inserting in its place a new subsection (b) to read as follows:
'(b) The first payment of income benefits shall become due on the twenty-first day after the employer has knowledge of the injury or death, on which day all income benefits then due shall be paid. Thereafter, income benefits shall be due and payable in weekly install ments; provided, however, that the board may, in its discretion, authorize payments to be made in different installments if it determines that this would be beneficial to all parties concerned. Such weekly payments shall be considered to be paid when due when mailed from within the State of Georgia to the address specified by the employee or to the address of record according to the board. Such weekly payments shall be considered to be paid when due when mailed from outside the State of Georgia no later than three days prior to the due dboaaterd.t'o""!the address specified by the employee or the address of record according to the
By renumbering Sections 18 through 21 as Sections 20 through 23, respectively.
By adding on line 30 of page 22 after the word section and before the comma the following:
"or in a collective bargaining agreement".
By striking line 32 of page 22 and line 1 of page 23 and inserting in lieu thereof the following:
"34-9-262 shall be reduced by the employer funded portion of payments".

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By striking the semicolon at the end of line 11 of page 23 and inserting in lieu thereof a period.
By striking lines 12 through 34 of page 23 and lines 1 through 30 of page 24 in their entirety.
By striking lines 18 through 22 of page 25 and inserting in lieu thereof the following:
"(f) Subsection (b) of this Code section shall not".
By striking from line 24 of page 25 the following: "or total".
By striking lines 29 and 30 of page 25 and inserting in lieu thereof the following: " '34-9-261. (a) Except as provided in subsection (b) of thia Code section, while While the disability to work".
By striking line 12 of page 26 and inserting in lieu thereof the following:
"provided in paragraph (1) of subsection (a) of Code Section 34-9-104.".
By inserting quotation marks at the end of line 15 of page 26 and by striking lines 16 through 24 of page 26 in their entirety.
By adding between lines 20 and 21 of page 27 a new Section 24 to read as follows: "Section 24. This Act shall become effective on July 1, 1992." By renumbering Section 22 as Section 25.

Senator Pollard of the 24th moved that the Senate agree to the House amendment to the Senate substitute to HB 1679.

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 Burton
&Col*eman Collins Dawkins Deal Dean Echols Edge Egan English

Foster Gillis Hammill Harris Hasty Henson Hill
H"ugogksms Johnson Kidd Langford Marable Moye Newbill Perdue Perry

Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey j^av Starr
,,Steinberg *, Taylor Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd

Those not voting were Senators:

Brown of 26th Garner

Robinson Scott

Shumake White

On the motion, the yeas were 50, nays 0; the motion prevailed, and the Senate agreed to the House amendment to the Senate substitute to HB 1679.

TUESDAY, MARCH 31, 1992

3337

The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:
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 House substitute to SB 505 was as follows:
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 the issuance of special reservist license plates to certain persons who are members of reserve units or the National Guard in an adjoining state; to provide for fees; to provide for conditions; to provide for issuance of National Guard license plates to the spouses of members; 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 and for licensed emergency medical technicians; 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 re lated matters; to amend Title 40 of the Official Code of Georgia Annotated, relating to mo tor vehicles and traffic, so as to specify the location for placement of revalidation decals; to provide for special license plates for licensed emergency medical technicians; to require cer tain vehicle dealers to obtain a certificate of title in their names after obtaining a vehicle; to provide that no cause of action exists for not disclosing certain damage to used or previously titled motor vehicles; to provide that no new cause of action is created; to exempt migrant farm workers from obtaining a Georgia driver's license under certain conditions; to change certain provisions relating to reports of convictions of traffic violations; to change certain provisions relating to habitual violators; to change certain provisions relating to periods of suspension and conditions of reinstatement of a driver's license; to change certain conditions relating to issuance of limited driving permits; to provide for procedures upon notice of cancellation of minimum required motor vehicle insurance; to provide for sanctions for im proper cancellation reports; to provide for licensing fees and surety bonds for driver im provement clinics; to clarify the mandatory nature of DUI Alcohol or Drug Use Risk Reduc tion Programs; to provide for the licensing of instructors to teach the required alcohol and drug program for teen-age drivers; to provide for fees; to provide for the authority of the commissioner of public safety and the commissioner of human resources with respect to the administration of certain driver improvement programs; to change certain requirements and provisions relative to issuance of personal identification cards; to provide that a person shall be disqualified from driving a commercial motor vehicle if convicted of a first violation of any offense specified in Code Section 40-5-54 while driving a commercial motor vehicle; to provide that the rules of the road are applicable to motorcycles; to change certain speed limits for school buses; to change certain posting requirements for parking areas with regard to operation of motor vehicles; to provide for notice to the sentencing court and the depart ment of public safety of completion of a DUI Alcohol or Drug Use Risk Reduction Program; to prohibit covering the headlights of any motor vehicle with any type of material; to ex empt law enforcement officers from the restrictions on affixing materials to windshields or windows to reduce light transmission; to change certain tire tread requirements for school buses; to repeal the requirement that motor vehicle manufacturers file their warranties with the department; to change certain procedures relating to prosecution of traffic offenses; to provide for transfers of bonds; to provide for procedures for operation of traffic violations

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JOURNAL OF THE SENATE

bureaus; to authorize an officer to require surrender of the driver's license at the time of citation; to provide that certain offenses shall not be disposed of by a traffic violations bu reau; to clarify certain procedures relative to the use of radar; to correct certain stylistic, capitalization, and punctuation errors; to revise and modernize certain language; to provide for effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 0.5. Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, prestige plates and special license plates for certain persons and vehicles, is amended by striking Code Section 40-2-65, relating to special license plates for members of active reserve components of the United States, in its entirety and inserting in lieu thereof a new Code Section 40-2-65 to read as follows:
"40-2-65. (a) Motor vehicle owners who are assigned or attached members of troop pro gram units of any branch of the active reserve components of the United States inside or outside the State of Georgia shall be eligible to receive free motor vehicle license plates for private passenger cars or trucks used for personal transportation. Motor vehicle owners who are members of any National Guard unit in a state adjoining the~5tate of Georgia and for whom there is no National Guard unit in the county of their residence shall be eligible to receive free motor vehicle plates for private passenger cars or trucks used for personal trans portation to identify such vehicle owner as a reservist. 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. No person shall be entitled to more than one free motor vehicle license plate for any calendar year; provided, however, that, upon payment of the regular license fee provided for in Code Section 48-10-2 and a manufactur ing fee of $25.00, a reservist shall be entitled to receive one additional such license plate. Additional words or symbols in addition to numbers and letters prescribed by law shall be inscribed upon such license plates so as to identify distinctively the owner as a member of the 'United States military reserve.' The major commanders of each active reserve compo nent program shall furnish to the commissioner each year prior to the date that license plates are issued a list of the members of their command assigned or attached to troop program units who reside in Georgia. The adjutant general of each neighboring state shall furnish to the commissioner each year prior to the date that license plates are issued a list of the members of that state's National Guard unit 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 the 'United States military reserve,' 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 reservist acquire another motor vehicle, the license plate issued pursuant to this Code sec tion may be placed on such newly acquired motor vehicle, and such reservist shall notify the commissioner of such transfer of the license plate to such newly acquired motor vehicle in such manner as the commissioner may prescribe by regulation. No transfer or cancellation fee shall be charged for the transfer of free reservist license plates. There shall be a transfer and cancellation fee of $1.00 for the transfer of any other reservist license plate.
(2) Should an active reservist who has been issued a free license plate be discharged or otherwise separated from his reserve unit, the immediate commanding officer of such active reservist shall obtain the discharged member's free license plate at the time of the discharge and shall forward same to the commissioner along with a certificate to the effect that such person has been discharged, and thereupon the commissioner shall issue a regular license plate, at no additional charge, to such former reservist to replace the reservist plate. Should an active reservist enlist or be commissioned after he has purchased a regular license plate for the current year, the commanding officer of the unit in which such person enlists or is commissioned shall likewise secure the regular license plate of such person and return same to the commissioner, along with a certificate to the effect that such person has been enlisted or commissioned in a troop program unit of the reserve components, and the effective date thereof, whereupon the commissioner shall issue a reservist license plate, at no extra charge,

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to such new member to replace the returned regular plate. Upon such request for a change in plate for a discharged reservist or a newly enlisted reservist, the commanding officer shall furnish such member with a copy of his letter to the commissioner requesting the appropri ate 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 commis sioner is specifically authorized to promulgate all rules and regulations necessary to ensure compliance in instances where such vehicles have been transferred or sold. Except as pro vided in subsection (b) of this Code section, such plates shall be nontransferable."
Section 1. Said article is amended further by striking Code Section 40-2-66, relating to special license plates for members of the Georgia National Guard, in its entirety and in serting in lieu thereof the following:
"40-2-66. (a) (1) Motor vehicle owners who are members of the Georgia National Guard or who are the spouses of members of the Georgia National Guard, upon application for license plates and upon compliance with the state motor vehicle laws relating to registration and licensing of motor vehicles as prescribed under Article 2 of this chapter, shall be issued, free of charge, a license plate, as prescribed in that article for private passenger cars or trucks used for personal transportation. Each member of the Georgia National Guard or the spouse of a member shall be entitled to no more than one such free plate at a time; provided, however, that, upon payment of the regular license fee provided for in Code Section 48-10-2 and a manufacturing fee of $25.00, a member or the spouse of a member shall be entitled to one additional such license plate. Additional words or symbols, in addition to the numbers and letters prescribed by law, shall be inscribed upon such license plates so as to identify distinctively the owner or operator as a member of the Georgia National Guard. The adjutant general of Georgia shall furnish to the commissioner each year, prior to the date that license plates are issued, a list of the members of the Georgia National Guard.
(2) Motor vehicle owners who are retired members of the Georgia National Guard or who are the spouses of retired members of the Georgia National Guard, upon application for license plates and upon compliance with the state motor vehicle laws relating to registration and licensing of motor vehicles as prescribed under Article 2 of this chapter, including the payment of the basic registration fee, shall be issued a license plate as prescribed in that article for private passenger cars or trucks used for personal transportation. Each retired member of the Georgia National Guard or spouse of a retired member shall be entitled to no more than one such free plate at a time; provided, however, that, upon payment of the regular license fee provided for in Code Section 48-10-2 and a manufacturing fee of $25.00, a retired member or the spouse of a retired member shall be entitled to one additional such license plate. The license plates issued pursuant to this paragraph, shall, in addition to the numbers and letters prescribed by law, be identical to those issued pursuant to paragraph (1) of this subsection. The adjutant general of Georgia shall furnish to the commissioner each year, prior to the date that license plates are issued, a list of the retired members of the Georgia National Guard.
(b) Upon transfer of the ownership of a private passenger vehicle upon which there is a license plate bearing the words 'National Guard,' such plate shall be removed and the au thority to use the same shall thereby be canceled; however, after such a transfer of owner ship occurs, should the said member or retired member of the National Guard or the spouse of a member or retired member of the Georgia National Guard acquire another motor vehi cle, the license plate issued pursuant to this Code section may be placed on such newly acquired motor vehicle and such member, retired member, or spouse shall notify the commissioner of such transfer of the license plate to such newly acquired motor vehicle in such manner as the commissioner may prescribe by regulation and shall pay a transfer and cancellation fee of $1.00 and shall also pay license fees in an amount, if any, that the license

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fee for the newly acquired vehicle exceeds the license fee of the original vehicle. No transfer or cancellation fee shall be charged for the transfer of free National Guard license plates. There shall be a transfer and cancellation fee of $1.00 for the transfer of any other National Guard license plate. Should a member of the National Guard who has been issued a Na tional Guard license plate or whose spouse has been issued a National Guard license plate be discharged or otherwise separated except by retirement from the National Guard, the immediate commanding officer of such member shall obtain the discharged member's or member's spouse National Guard license plate at the time of the discharge and shall forward same to the commissioner along with a certificate to the effect that such member has been discharged, and thereupon the commissioner shall issue a regular license plate, at no additional charge, to such former National Guard member or the member's spouse to re place the National Guard plate. Should a member of the National Guard enlist or be com missioned in the National Guard after he the member or the member's spouse has pur chased a regular license plate for the current year, the commanding officer of the unit in which such member enlists or is commissioned shall likewise secure the regular license plate of such new member or member's spouse and return same to the commissioner, along with a certificate to the effect that such new member has been enlisted or commissioned in the National Guard and the effective date thereof, whereupon the commissioner shall issue a National Guard license plate, at no extra charge, to such new member or the member's spouse to replace the regular plate returned to him. Upon such request for a change in plate for a discharged member of the National Guard or a newly enlisted member of the National Guard or the spouse of either, the commanding officer shall furnish such member with a copy of his letter to the commissioner requesting the appropriate change in plate, which copy of such letter may be used by such member and the member's spouse pending the issuance of the new plate.
(c) The commissioner shall, on or before March 1 in each year, furnish to the sheriff of each county in the state an alphabetical arrangement of the list of names, addresses, and license plate letters of each person to whom a license plate is issued under this Code section, and it shall be the duty of the sheriffs of the state to maintain and to keep current such lists for public information and inquiry.
(d) The commissioner shall make such rules and regulations as necessary to enforce compliance with all state license laws relating to the use and operation of a private passen ger car before issuing National Guard plates in lieu of the regular Georgia license plates, and all applications for such plates shall be made to the commissioner. The commissioner is specifically authorized to make all rules and regulations necessary to make adequate provi sion for instances where such vehicles have been transferred or sold. Except as provided in subsection (b) of this Code section, such plates shall be nontransferable."
Section 1.5. Said article is further amended by striking 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 or persons who served during World War I, World War II, the Korean War, the Vietnam War, or Operation Desert Storm shall be eligible to receive special and distinc tive 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 commissioner as provided in subsection (b) of this Code section. Such license plates shall be issued in compliance with the state motor vehicle laws relating to registration and licensing of motor vehicles as prescribed in Article 2 of this chapter.
(b) A 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 for the wars or military operation described in subsection (a) of this Code section until a minimum of 250 applications have been received for a distinctive license plate for a specific war or military operation. After receipt of 250

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applications for such a distinctive license plate for such war or military operation, the com missioner shall design a distinctive license plate for that war or military operation as pro vided in subsection (c) of this Code section and issue the distinctive license plates to present and future qualifying applicants. If the commissioner does not receive the required mini mum 250 applications for a specific war or military operation by July 31 of the year preced ing the year of issuance of such plates, the commissioner shall not accept any applications for nor issue such distinctive license plates for that war or military operation, and all fees shall be refunded to applicants. The commissioner shall promulgate such rules and regula tions as may be necessary to enforce compliance with all state license laws relating to the use and operation of private passenger cars and trucks before issuing these license plates in lieu of the regular Georgia license plates. The manufacturing fee for such special and dis tinctive license plates shall be $40.00. The commissioner is specifically authorized to pro mulgate all rules and regulations necessary to ensure compliance in instances where such vehicles have been transferred or sold. Except as provided in subsection (d) of this Code section, such plates shall be nontransferable.
(c) The special and distinctive vehicle license plates shall be as prescribed in Article 2 of this chapter for private passenger cars or trucks used for personal transportation. Addi tional Such plates shall contain such words or symbols, in addition to the numbers and letters prescribed by law, ahaH- be inscribed upon auch license plotca so as to identify dis tinctively the owners as retired veterans of the armed forces of the United States or persons who served during World War I, World War II, the Korean War, the Vietnam War, or Oper ation 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 upon payment of an additional $25.00 annual registration fee which fee shall be collected by the county tag agent at the time of collection of other registration fees and remitted to the state as provided in Code Section 40-2-34. It shall be a requirement that a county name decal shall be affixed and displayed on license plates issued under this Code section."
Section 1.25. Said article is further amended by inserting at the end thereof a new Code Section 40-2-86 to read as follows:
"40-2-86. (a) Subject to subsection (d) of this Code section, motor vehicle owners who are residents of the State of Georgia and who are emergency medical technicians duly li censed by this state, upon application accompanied by proof of ownership of such license and upon full compliance with the state motor vehicle laws in relation to registration and licensing of motor vehicles and upon payment of an additional fee of $40.00, shall be issued a license plate for a private passenger vehicle upon which shall be inscribed a distinctive insignia and the letters 'EMT.' The commissioner may consult with any organizations repre senting emergency medical technicians and with emergency medical technicians residing in this state in the design of the special license plate authorized by this subsection.
(b) Upon transfer of the ownership of a private passenger vehicle upon which there is a special license plate as provided in subsection (a) of this Code section, 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 an emergency medical technician acquire another mo tor vehicle, the license plate issued pursuant to this Code section may be transferred be tween vehicles as provided in Code Section 40-2-80.
(c) Special license plates issued under this Code section shall be renewed annually with a revalidation decal as provided in Code Section 40-2-31 upon payment of an additional

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$25.00 annual registration fee which fee shall be collected by the county tag agent at the time of collection of other registration fees and remitted to the state as provided in Code Section 40-2-34. It shall be a requirement that a county name decal shall be affixed and displayed on license plates issued under this Code section.
(d) The commissioner shall retain all applications for such special emergency medical technicians' license plates until a minimum of 250 applications have been received. If the commissioner does not receive the required minimum of 250 applications no later then 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 licensing of motor vehicles as prescribed in Article 2 of this chapter. No emergency medical technician shall be entitled to more than one special and distinctive motor vehicle license plate."
Section 1.5. Title 40 of the Official Code of Georgia Annotated, relating to motor vehi cles and traffic, is amended by striking subsection (b) of Code Section 40-2-8, relating to operation of a vehicle without a current license plate or revalidation decal, in its entirety and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) Any vehicle operated in the State of Georgia after May 1 of any year which is required to be registered and which does not have attached to the rear thereof a numbered license plate and current revalidation decal affixed to the upper right-hand corner of the license plate, if required, shall be stored at the owner's risk and expense by any law enforce ment officer of the State of Georgia. It shall be a misdemeanor to operate any vehicle re quired to be registered in the State of Georgia without a valid numbered license plate prop erly validated; provided, however, that the purchaser of a new vehicle or a vehicle which does not have a current and valid registration or a used vehicle may operate such vehicle on the public highways and streets of this state without a current valid license plate during the 21 day period within which the purchaser is required by Code Section 40-2-20 to register or transfer the registration of such vehicle and provided, further, that the purchaser and opera tor of a vehicle shall not be subject to the penalties set forth in this Code section during the period allowed for the registration or transfer of registration. If the owner of such vehicle presents evidence that he has properly applied for the registration of such vehicle, but that the license plate or revalidation decal has not been delivered to him, then the owner shall not be subject to the above penalties."
Section 2. Said title is further amended by striking subsection (a) of Code Section 40-333, relating to transfers of vehicles to dealers, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) (1) A Except as provided in paragraph (2) of this subsection, a dealer who buys a vehicle anoT holds it for resale need not apply to the commissioner for a new certificate of title but may retain the certificate delivered to him. Upon transferring the vehicle to an other person other than by the creation of a security interest, such dealer shall promptly execute the assignment and warranty of title by a dealer. Such assignment and warranty shall show the names and addresses of the transferee and any holder of a security interest created or reserved at the time of the resale and the date of his security agreement, in the spaces provided therefor on the certificate or as the commissioner prescribes. Transfers of vehicles under this Code section shall otherwise conform with Code Section 40-3-32. A dealer selling a previously registered vehicle which under this chapter need not have a cer tificate of title need not furnish a purchaser of such a vehicle a certificate of title. After a previously registered vehicle has been brought under the terms of this chapter, a dealer, when selling that vehicle, shall conform to all provisions of this chapter.
(2) (A) As used in this paragraph, the term 'franchise dealer' means a dealer who under a contract or franchise agreement with a manufacturer, distributor, wholesaler, or importer is authorized to sell new motor vehicles of or for such manufacturer, distributor, wholesaler, or importer and who is authorized to use trademarks or service marks associated with one or more makes of motor vehicles in connection with such sales.

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(B) A dealer who is not a franchise dealer who acquires a vehicle for which the original certificate of title has not been issued and who holds such vehicle for resale shall not be exempt from the requirement to obtain a certificate of title in such dealer's name as pro vided in paragraph (1) of this subsection. Such dealer shall, as provided in Code Section 403-32, obtain a certificate of title in such dealer's name prior to selling or otherwise transfer ring said vehicle to any other person or dealerT1
Section 3. Said title is further amended by adding immediately following Code Section 40-3-35 a new Code Section 40-3-35.1 to read as follows:
"40-3-35.1. (a) The seller of a used or previously titled motor vehicle shall not be liable to the purchaser of such motor vehicle and the purchaser of a used or previously titled motor vehicle shall not have a cause of action against the seller of such motor vehicle for the failure of the seller of such motor vehicle to disclose or otherwise make known the fact that such motor vehicle has been damaged or that one or more major component parts on such motor vehicle have been repaired or replaced if such damage, repair, or replacement does not require the certificate of title for such motor vehicle to be marked 'salvaged' or 'rebuilt' or if such damage, repair, or replacement does require the certificate of title for such motor vehicle to be marked 'salvaged' or 'rebuilt' but no such marked certificate of title has been issued for such motor vehicle at the time of sale or such marked certificate of title has not been provided to the seller prior to the sale.
(b) This Code section shall not be deemed to directly or indirectly create a cause of action for the failure to disclose any information regarding damage to or the repair or re placement of major component parts of a motor vehicle."
Section 4. Said title is further amended by striking subsection (a) of Code Section 40-521, relating to exemptions generally from the driver's license laws, in its entirety and in serting in lieu thereof a new subsection (a) to read as follows:
"(a) Except as provided in Article 7 of this chapter, the 'Georgia Uniform Commercial Driver's License Act,' the following persons are exempt from licenses under this chapter:
(1) Any employee of the United States government while operating a motor vehicle owned by or leased to the United States government and which is being operated on official business, unless such employee is required by the United States government or any agency thereof to have a state driver's license;
(2) A nonresident who is at least 16 years of age and who has in his immediate posses sion a valid license issued to him in his home state or country;
(3) A nonresident on active duty in the armed forces of the United States who has a valid license issued by his home state, and such nonresident's spouse or dependent son or daughter who has a valid license issued by such person's home state;
(4) Any person on active duty in the armed forces of the United States who has in his immediate possession a valid license issued in a foreign country by the armed forces of the United States, for a period of not more than 45 days from the date of his return to the United States;
(5) Any inmate or resident patient of a state, county, or municipally owned institution who drives a vehicle while on the grounds of such institution and while accompanied by and under the direct personal supervision of a qualified driving instructor or of some other per son duly authorized in writing to so accompany and supervise such inmate or resident patient;
(6) Any person driving or operating a farm tractor or farm implement temporarily oper ated on a highway for the purpose of conducting farm business;
(7) Any inmate of a state, county, or municipal prison, correctional institution, or jail while operating a motor vehicle owned by or leased to the state, county, or municipality and being operated with the written approval of the warden or superintendent and in such man ner and for such purpose as may be specified by the warden or superintendent, provided

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that such inmate, within the 60 day period prior to the grant of written authority, has passed the vision, written, and driving tests required for licensing a citizen to operate such motor vehicle. The department shall give such tests and issue a certificate, without charge therefor, to any inmate passing such tests;
(8) A member of the reserve components of the armed forces of the United States while operating a motor vehicle owned by or leased to the United States government and being operated in accordance with the duties of such member as a member of the reserve compo nents of the armed forces; and-
(9) Any person seeking to obtain a driver's license while taking the driving examination for such license accompanied by a driver license examiner of the department or a certified examining agent of the departmentr ; and
(10) Any migrant farm worker who works in this state less than 90 days in any calendar year and who possesses a valid driver's license issued by another state."
Section 5. Said title is further amended by striking Code Section 40-5-22.1, relating to reinstatement of the driver's license of a person under 16 years of age convicted of driving under the influence of alcohol or drugs, in its entirety and inserting in lieu thereof a new Code Section 40-5-22.1 to read as follows:
"40-5-22.1. Notwithstanding any other provision of law, if a child under 16 years of age is adjudicated delinquent of driving under the influence of alcohol or drugs or of possession of marijuana or a controlled substance in violation of Code Section 16-13-30 or of the unlaw ful possession of a dangerous drug in violation of Code Section 16-13-72 or convicted in any other court of such offenses, the court shall order that the privilege of such child to apply for and be issued a driver's license or learner's permit shall be suspended and delayed until such child is 17 years of age for a first conviction and until such child is 18 years of age for a second or subsequent such conviction. Upon reaching the required age, such license privilege shall be reinstated if the child submits proof of completion of a certified assessment compo nent and the education/intervention component or the intensive intervention component of a DUI alcohol and drug uac risk reduction program aa prescribed Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources or operated by-fir under contract with an assessment and intervention program approved by the juvenile court and pays a fee of $3feee $210.00 to the Department of Public Safety or $2^60 $200.00 when such application is processed by mail. The court shall notify the Department of Public Safety of its order delaying the issuance of such child's license within 15 days of the date of such order. The Department of Public Safety shall not issue a driver's license or learner's permit to any person contrary to a court order issued pursuant to this Code section."
Section 6. Said title is further amended by striking Code Section 40-5-53, relating to when courts are to send drivers' licenses and reports of convictions to the Department of Public Safety, in its entirety and inserting in lieu thereof a new Code Section 40-5-53 to read as follows:
"40-5-53. (a) Whenever any person is convicted of any offense for which this chapter makes mandatory the suspension of the license of such person by the department, the court in which such conviction is had shall require the surrender to it of any driver's license then held by the person so convicted and the court shall thereupon forward the same, together with the uniform citation form authorized by Article 1 of Chapter 13 of this title, within ten days after the conviction.
(b) Except as provided in subsection (c) of thia Code section, every Every court in each county of this state having a population of 550,000 or more according to the United States decennial census of 1980 or any future such census and having jurisdiction over offenses committed under this chapter and Chapter 6 of this title or any other law of this state or ordinance adopted by a local authority regulating the operation of motor vehicles on high ways shall forward to the department, within ten days after the conviction of any person in

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such court for a violation of any such law other than regulations governing standing or park ing, a uniform citation form authorized by Article 1 of Chapter 13 of this title. The depart ment shall pay to the clerk of the court forwarding the report 25c for each report forwarded; and notwithstanding any general or local law to the contrary, the clerk shall retain such 25$ fee as additional compensation.
(c) Every court in a each county of this state having a population of 800,000 or less than 550,000 according to the 1080 decennial census United States decennial census of 1980 or any future such census and having jurisdiction over offenses committed under this chapter or Chapter 6 of this title or any other law of this state or ordinance adopted by a local authority regulating the operation of motor vehicles on highways shall forward to the de partment, within ten days after the conviction of any person in such court for a violation of any such law other than regulations governing standing or parking, a uniform citation form authorized by Article 1 of Chapter 13 of this title. The department shall pay to the clerk of the court forwarding the report 25$ for each report forwarded; and in those cases where the clerk receiving such 25<t fee is compensated solely on a fee basis, the clerk shall retain such 25<t fee as additional compensation. In those cases where the clerk receiving such 25c fee is compensated in whole or in part on a salary basis, such fee shall be the property of and shall be paid over to the city or county operating the court, unless expressly provided otherwise in a local law relating to the compensation of such clerk."
Section 7. Said title is further amended by striking subsection (d) of Code Section 40-557, relating to suspension of a driver's license for assessment of points, in its entirety and inserting in lieu thereof a new subsection (d) to read as follows:
"(d) Any person who has such points assessed against him as to require the suspension of his license pursuant to subsection (a) or (b) of this Code section shall have his license suspended as follows:
(1) Upon a first assessment of the requisite points, the period of suspension shall be one year, provided that at any time after 60 days of auapcnsion completion of the requirements set forth in Code Section 40-5-84, such person may apply to the department for the return of his license;
(2) For a second assessment of the requisite points within five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the most current arrest for which a conviction is obtained, the period of suspension shall be three years, provided that at any time after 00 daya of suspension completion of the requirements set forth in Code Section 40-5-84, such person may apply to the department for the return of his license; and
(3) For a third assessment of requisite points within five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the most current arrest for which a conviction is obtained, such person shall have his license suspended for a period of two years. Such person shall not be eligible for early return of his license or for a limited driving permit as provided in Code Section 40-5-64 during such two-year period."
Section 8. Said title is further amended by striking subparagraph (e)(6)(A) of Code Section 40-5-58, relating to habitual violators' probationary licenses, in its entirety and in serting in lieu thereof a new subparagraph (A) to read as follows:
"(A) (i) Any probationary licensee violating the provisions of paragraph (4) of this sub section or operating a vehicle in violation of any conditions specified in this subsection shall be guilty of a misdemeanor.
(ii) Any Except as provided in division (iii) of this subparagraph, any probationary li censee who is convictcd-of- violating;-e>T who pleads nolo contcndcrc to a charge of violating, any state law or local ordinance involving an offense listed in Code Section 40-5-54 or Code Section 40-6-391 shall be guilty of a felony and shall be punished by a fine of not less than $1,000.00 or by imprisonment in the penitentiary for not less than one nor more than five years, or both.

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(iii) Any probationary licensee violating any state law or local ordinance involving a felony offense listed in Code Section 40-5-54 shall be guilty of a felony and shall be pun ished as is provided for conviction of such felony."
Section 9. Said title is further amended by striking subsections (a) and (b) of Code Section 40-5-63, relating to periods of suspension and conditions of reinstatement of a driver's license, in their entirety and inserting in lieu thereof new subsections (a) and (b) to read as follows:
"(a) The driver's license of any person convicted of an offense listed in Code Section 405-54 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 years, as mea sured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, the period of suspension shall be for 12 months. At the end of 120 days, the person may apply to the Department of Public Safety for reinstatement of his driver's license. Such license shall be reinstated after the expiration of 120 days only 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 res toration fee of $36.00 $210.00 or $26.00 $200.00 when such reinstatement is processed by mail, provided that if such license was suspended as a result of a conviction of an offense
i pe: tion of either an approved defensive driving course or aTD3TUI Alcohol or Drug Use RISK Reduction Program and pays the prescribed restoration fee. A driver's license suspended as a result 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 years, as measured from the dates of previous arrests for which convictions were obtained or pleas of nolo contendere accepted to the date of the current arrest for which a plea of nolo contendere is accepted, shall not be considered a conviction; however, the court having jurisdiction shall forward, as provided in Code Section 40-6-391.1, the record of such disposition of the case to the Department of Public Safety and the record of such disposition shall be kept on file for the purpose of considering and counting such accepted plea of nolo contendere as a conviction under paragraphs (2) and (3) of this subsection;
(2) Upon the second conviction of any such offense within five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, the period of suspension shall be for three years. At the end of 120 days, the person may apply to the Department of Public Safety for rein statement of his driver's license. Such license shall be reinstated if such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources and pays a restoration fee of $36.00 $210.00 or $26.00 $200.00 when processed by mail;, provided that, if such license was suspended as" a result of a conviction of an offense listed in Code Section 40-5-54, it shall be reinstated upon submis sion of proof of completion of either an approved advanced defensive driving course or a DUI Alcohol or Drug Use Risk Reduction Program and payment of the prescribed restora tion fee. For purposes of this paragraph, a plea of nolo contendere and all previous accepted pleas of nolo contendere to an offense listed in Code Section 40-5-54 within such five-year period of time shall constitute a conviction. For the purposes of this paragraph, a plea of nolo contendere to a charge of violating Code Section 40-6-391 and all prior accepted pleas of nolo contendere within five years, as measured from the dates of previous arrests for

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which convictions were obtained or pleas of nolo contendere were accepted to the date of the current arrest for which a plea of nolo contendere is accepted, shall be considered and counted as convictions; or
(3) Upon the third conviction of any such offense within five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, such person shall be considered a habitual violator, and his license shall be revoked as provided for in paragraph (1) of subsection (a) of Code Section 40-5-62. For purposes of this paragraph, a plea of nolo contendere and all previous accepted pleas of nolo contendere to an offense listed in Code Section 40-5-54 within such five-year period shall constitute a conviction. 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 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 cur rent 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. Notwithstanding the provisions of subsec tion (a) of this Code section which provide for the early reinstatement of a driver's license, the Department of Public Safety shall not reinstate a driver's license during any period of suspension imposed under this subsection."
Section 10. Said title is further amended by striking subsection (e) of Code Section 405-63, relating to periods of suspension and conditions of reinstatement of a driver's license, in its entirety and inserting in lieu thereof a new subsection (e) to read as follows:
"(e) Any person convicted of violating subsection (a) or subsection (c) 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 this chapter and shall not be eligible for a limited driving permit as pro vided in Code Section 40-5-64. For purposes of this subsection, an accepted plea of nolo contendere to homicide by vehicle in the first degree or serious injury by vehicle shall con stitute a conviction."
Section 11. Said title is further amended by striking subsection (e) of Code Section 405-64, relating to limited driving permits, in its entirety and inserting in lieu thereof a new subsection (e) to read as follows:
"(e) A permit issued pursuant to this Code section shall be $6.00 $25.00 and shall be nonrenewable and shall become invalid upon the expiration of one year following the effec tive date of suspension of the applicant's driver's license in the case of a suspension for an offense listed in Code Section 40-5-54 or a suspension under Code Section 40-5-57 or upon the expiration of 120 days following conviction in the case of a suspension for a violation of Code Section 40-6-391, except that such limited driving permit shall expire upon the earlier reinstatement of the driver's license. A person convicted of such offense whose driver's li cense had been surrendered to the court in which such conviction was adjudged may apply to the department for a limited driving permit; immediately following such conviction. Upon the applicant's execution of an affidavit attesting to such facts and to the fact that the court had not imposed a suspension or revocation of his driver's license or driving privileges in consistent with the driving privileges to be conferred by the limited driving permit applied

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for, the department may issue such person a limited driving permit. A person convicted of such offense whose driver's license had not been surrendered to such court immediately following such conviction may apply to the department for a permit. Upon the applicant's surrender to the department of his driver's license and the execution of a similar affidavit, or if he has lost his driver's license, upon execution of an additional affidavit to that effect, the department may issue such person a limited driving permit."
Section 12. Said title is further amended by striking subsection (a) of Code Section 405-71, relating to the procedure upon notice of cancellation of minimum required motor vehi cle insurance, in its entirety and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) (1) In cases in which the minimum motor vehicle insurance required by Chapter 34 of Title 33 is canceled within 180 days of the effective date of the policy of insurance, the insurer, within 15 days after the effective date of the cancellation date on which the policy cannot be reinstated to maintain coverage continuously in force, shall notify the Depart ment of Public Safety in the form specified by the department of such cancellation and the reason for such cancellation. In the event a canceled policy ia reinstated by the insurer with out a lapse in coverage and such reinstatement occurs after the insurer haa notified the department of the cancellation, the insurer, within five days after the date the policy was reinstated, shall notify the department in the form specified by the department of aueh reinstatement. For the purposes of aiding in the enforcement of the requirement of mini mum motor vehicle insurance, insurers shall furnish any insurance coverage information deemed necessary by the department or other appropriate law enforcement agencies. For the purposes of this Code section, cancellation shall be defined by regulation of the depart ment. The commissioner of public safety shall notify the Commissioner of Insurance quar terly of any and all notices of cancellation sent to the Department of Public Safety by any insurer in violation of the regulation of the Department of Public Safety defining a cancella tion and the Commissioner of Insurance may take appropriate action against such insurer, including, but not limited to, suspension or revocation of an agent's license, civil or criminal prosecution, monetary penalties, or any other sanction the Commissioner of Insurance is authorized by law to impose. No insurer shall utilize the costs of any audit or examination conducted by the Insurance Department pursuant to this paragraph as a cost of business in the insurer's rate base.
(2) The Department of Public Safety shall, by regulation, define cancellation for the purposes of insurers sending the notices required by this Code section and the department's definition shall in no way be construed as modifying the provisions of Code Section 33-2445j
(3) Notwithstanding the provisions of paragraph (1) of this subsection, any irregulari ties In" the notice to the Department of Public Safety required by paragraph (1) of this subsection shall not invalidate an otherwise valid cancellation?1
Section 13. Said title is further amended by striking Code Section 40-5-75, relating to the suspension of a driver's license for conviction of possession of a controlled substance or marijuana, in its entirety and inserting in lieu thereof a new Code Section 40-5-75 to read as follows:
"40-5-75. (a) The driver's license of any person convicted of possession of a controlled substance or marijuana in violation of subsection (b) of Code Section 16-13-2 or subsection (a) or (j) of Code Section 16-13-30 shall by operation of law be suspended and such suspen sion shall be subject to the following terms and conditions:
(1) Upon the first conviction of any such offense, with no arrest and conviction of and no plea of nolo contendere accepted to such offense within the previous five years, as mea sured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, the period of suspension shall be for not less than 180 days. At the end of 180 days, the person may apply to the Department of Public Safety for reinstatement of his driver's license. Such license shall be reinstated only

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3349

if the person submits proof of completion of the aaacaamcnt component and cither the edu cation/intervention component or the intensive intervention component of a DUI alcohol or drug uac riak reduction program aa prescribed a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources and pays to the Department of Public Safety a restoration fee of $36.00 $210.00 or $26.00 $200.00 when such reinstatement is processed by mail. For purposes of this paragraph, a plea of nolo contendere by a person to a charge of possession of marijuana or a controlled substance in violation of subsection (b) of Code Section 16-13-2 or subsection (a) or (j) of Code Section 16-13-30 shall, except as provided in subsection (c) of this Code section, constitute a conviction;
(2) Upon the second conviction of any such offense within five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, the period of suspension shall be for three years, provided that after one year from the date of the conviction the person may apply to the Department of Public Safety for reinstatement of his driver's license by submitting proof of completion of the intensive intervention component of a DUI alcohol or drug use risk reduc tion program U3 prescribed a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources and paying to the Department of Public Safety a restoration fee of $86.00 $210.00 or $26.00 $200.00 when such reinstatement is processed by mail. For purposes of this paragraph, a plea of nolo contendere and all previous pleas of nolo contendere within such five-year period of time shall constitute a conviction; and
(3) Upon the third conviction of any such offense within five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, such person's license shall be suspended for a period of five years. At the end of two years, the person may apply to the Department of Public Safety for a three-year driving permit upon compliance with the following conditions:
(A) Such person has not been convicted or pleaded nolo contendere to any drug related offense, including driving under the influence, for a period of two years immediately preced ing the application for such permit;
(B) Such person submits proof of completion of a licensed drug treatment program. Such proof shall be submitted within two years of the license suspension and prior to the issuance of the permit. Such licensed drug treatment program shall be paid for by the of fender. The offender must pay a permit fee of $25.00 to the Department of Public Safety;
(C) Such person submits proof of financial responsibility as provided in Chapter 9 of this title; and
(D) Refusal to issue such permit would cause extreme hardship to the applicant. For the purposes of this subparagraph, the term 'extreme hardship' means that the applicant cannot reasonably obtain other transportation, and, therefore, the applicant would be pro hibited from:
(i) Going to his place of employment or performing the normal duties of his occupation;
(ii) Receiving scheduled medical care or obtaining prescription drugs;
(iii) Attending a college or school at which he is regularly enrolled as a student; or
(iv) Attending regularly scheduled sessions or meetings of support organizations for persons who have addiction or abuse problems related to alcohol or other drugs, which orga nizations are recognized by the commissioner.
(b) Whenever a person is convicted of possession of a controlled substance or marijuana in violation of subsection (b) of Code Section 16-13-2 or subsection (a) or (j) of Code Section 16-13-30, the court in which such conviction is had shall require the surrender to it of any driver's license then held by the person so convicted and the court shall thereupon forward such license and a copy of its order to the Department of Public Safety within ten days after the conviction. The periods of suspension provided for in this Code section shall begin on the date of such person's conviction for the offense resulting in such suspension; provided, however, that, effective January 1, 1992, if, at the time of conviction of unlawful possession

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of a controlled substance or marijuana, the person does not have a driver's license or the person's driver's license has been previously suspended, the periods of suspension specified by this Code section shall not commence until the person applies for the issuance or rein statement of a driver's license.
(c) (1) The decision to accept a plea of nolo contendere to a misdemeanor charge of unlawful possession of less than one ounce of marijuana shall be at the sole discretion of the judge. If a plea of nolo contendere is accepted as provided in this subsection, the judge shall, as a part of the disposition of the case, order the defendant to attend and complete the ti33C33mcnt and education/intervention components of a First Offender a DUI Alcohol or Drug Use Risk Reduction Program. The order shall stipulate that the defendant shall com plete such program within 120 days and that the defendant shall submit evidence of such completion to the Department of Public Safety. The judge shall also notify the defendant that, if he fails to complete such program by the date specified in the court's order, his driver's license shall be suspended, by operation of law, as provided in this Code section. The record of the disposition of the case shall be forwarded to the Department of Public Safety.
(2) If a plea of nolo contendere is accepted and the defendant's driver's license has not been suspended under any other provision of this Code and if the defendant has not been convicted of or has not had a plea of nolo contendere accepted to a charge of violating this Code section within the previous five years, the court shall, subject to paragraph (1) of this subsection, return the driver's license to the person; otherwise, such driver's license shall be forwarded to the Department of Public Safety.
(d) Application for reinstatement of a driver's license under paragraph (1) or (2) of subsection (a) of this Code section shall be made on such forms as the commissioner may prescribe and shall be accompanied by proof of completion of the required components of a DUI alcohol or drug uac risk reduction program a DUI Alcohol or Drug Use Risk Reduction Program and a restoration fee or $36.00 $210.00 or $36^6 $200.00 when such reinstatement is processed by mail. Application for a three-year driving permit under paragraph (3) of subsection (a) of this Code section shall be made on such form as the commissioner may prescribe and shall be accompanied by proof of completion of an approved residential drug treatment program and a fee of $25.00 for such permit.
(e) Notwithstanding any other provision of this Code section or any other provision of this chapter, any person whose license is suspended pursuant to this Code section shall not be eligible for early reinstatement of his license and shall not be eligible for a limited driving permit, but such person's license shall be reinstated only as provided in this Code section.
(f) Except as provided in subsection (a) of this Code section, it shall be unlawful for any person to operate any motor vehicle in this state after such person's license has been sus pended pursuant to this Code section if such person has not thereafter obtained a valid license. Any person who is convicted of operating a motor vehicle before the department has reinstated such person's license or issued such person a three-year driving permit shall be punished by a fine of not less than $750.00 nor more than $5,000.00 or by imprisonment in the penitentiary for not more than 12 months, or both.
(g) Notwithstanding the provisions of Code Section 15-11-38 and except as provided in subsection (c) of this Code section, an adjudication of a minor child as a delinquent child or an unruly child for possession of marijuana or a controlled substance in violation of subsec tion (b) of Code Section 16-13-2 or subsection (a) or (j) of Code Section 16-13-30 shall be deemed a conviction for purposes of this Code section.
(h) Notwithstanding the provisions of subsection (a) of this Code section, licensed driv ers who are 16 years of age who are adjudicated in a juvenile court pursuant to this Code section may, at their option, complete an assessment component and an education/interven tion component or intensive intervention component of a DUI alcohol or drug uac riak re duction program operated by or under contract with the juvenile court in lieu of a program

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3351

aa prescribed a DUI Alcohol or Drug Use Risk Reduction Program approved by the Depart ment of Human Resources or an assessment and intervention program approved by the juvenile court."
Section 14. Said title is further amended by striking Code Section 40-5-80, relating to the purpose of the "Georgia Driver Improvement Act," in its entirety and inserting in lieu thereof a new Code Section 40-5-80 to read as follows:
"40-5-80. The purpose of this article, the 'Georgia Driver Improvement Act,' is to im prove and promote greater safety upon the highways and streets of this state; to improve the attitude and driving habits of drivers who accumulate traffic accident and motor vehicle conviction records; and to provide uniform DUI alcohol or drug use risk reduction programs Alcohol or Drug Use Risk Reduction Programs for the rehabilitation of persons identified as reckless or negligent drivers and frequent violators. In carrying out this purpose, the De partment of Public Safety shall:
(1) Charge a fee for the consideration of applications for approval of driver improvement~clinics and instructors. The amount of this fee shall be established by the Board of Public Safety and shall, as best as the board shall determine, approximate the expense in curred by the Department of Public Safety in consideration of an application. These li censes shall be valid for a period of two years unless suspended or revoked prior to the expiration of that time period; and
(2) Require, in addition to the criteria for approval of driver improvement clinics estab lished by the commissioner of public safety, as provided in subsection (a) of Code Section 40-5-83, that every driver improvement clinic shall, as a condition of approval, provide a continuous surety company bond for the protection of the contractual rights of students in such form as will meet with the approval of the Department of Public Safety and written by a company authorized to do business in this state. The principal sum of the bond shall be established by the Board of Public Safety; however, in no event shall this amount be less than $2,500.00. If at any time said bond is not valid and in force, the license of the clinic shall be deemed suspended by operation of law until a valid surety company bond is again in forceT1
Section 15. Said title is further amended by striking Code Section 40-5-81, relating to the optional nature of certain driver improvement programs, in its entirety and inserting in lieu thereof a new Code Section 40-5-81 to read as follows:
"40-5-81. (a) This article is intended to provide an additional method for the restora tion of the licenses of those persona whose drivers' licenses have been suspended or revoked pursuant to the laws of this state. Acceptance of the provisions of this article shall be volun tary on the part of each driver within this state, and no driver shall be compelled to partici pate in the driver improvement program established under this article. This article shall not affect the power of any court to require attendance at any course or driver improvement program to which the court could otherwise require attendance. Compliance with thia article shall be an alternative method by which a driver may have his license restored after it has been suspended or revoked by the department and shall be in addition to the methods provided for the restoration of a driver's license or the issuance of a limited driving permit by Article 8 of thia chapter.
(b) Whenever any person is authorized or required to attend a driver improvement clinic or program DUI Alcohol or Drug Use Risk Reduction Program as a condition of any sentence imposed under this title or any ordinance enacted pursuant to this title or as a condition of the retention or restoration of his driving privilege, such person, in complying with such condition, shall be authorized to attend any driver improvement clinic or program DUI Alcohol or Drug Use Risk Reduction Program certified under this article; and no judicial officer, probation officer, law enforcement officer, or other officer or employee of a court shall specify, directly or indirectly, a particular driver improvement clinic or program DUI Alcohol or Drug Use Risk Reduction Program which the person may or shall attend. This Code section shall not prohibit any judicial officer, probation officer, law enforcement officer,

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or other officer or employee of a court from furnishing any person, upon request, the names of certified driver improvement clinics or programa DUI Alcohol or Drug Use Risk Reduc tion Programs."
Section 16. Said title is further amended by striking subsection (c) of Code Section 405-83, relating to establishment and approval of driver improvement clinics and DUI Alcohol or Drug Use Risk Reduction Programs, in its entirety and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) The commissioner shall be authorized to issue a special license to the instructor of any driver improvement clinic who is qualified to teach the alcohol and drug course pre scribed in subsection (b) of Code Section 20-2-142. A driver improvement clinic shall offer such alcohol and drug course only through a qualified instructor and shall not charge a fee for such course of more than $25.00. The commissioner shall be authorized to issue a special license to the instructor of any commercial driver training school to teach the alcohol and drug course prescribed in subsection (b) of Code Section 20-2-142 who is qualified to teach a teen-age driver education course, which course consists of a minimum of 30 hours of class room and six hours of behind the wheel training. The alcohol and drug program may be included in the 30 hours of classroom training as part of a curriculum approved by the department. Any fee authorized by law for such a drug and alcohol course may be included in the tuition charge for a teen-age driver education course."
Section 17. Said title is further amended by striking Code Section 40-5-84, relating to reinstatement of licenses suspended for certain offenses or points, in its entirety and in serting in lieu thereof a new Code Section 40-5-84 to read as follows:
"40-5-84. (a) Except as otherwise provided, the license of any person whose license is suspended for the first time as a result of the conviction of an offense listed in Code Section 40-5-54 shall, at the expiration of 120 days following the date the license is suspended, be reinstated by the department upon receipt by the department of a certificate of completion of an approved defensive driving course or an approved basic alcohol of drug courae DUI Alcohol or Drug Use Risk Reduction Program and the payment of a restoration fee of $36.00 $210.00 or $8feQ9 $200.00 when such reinstatement is processed by mail.
(b) The license of any person whose license is suspended for the second time as a result of the conviction of an offense listed in Code Section 40-5-54 shall, at the expiration of 120 days following the date the license is suspended, be reinstated by the department upon receipt by the department of a certificate of completion of an advanced defensive driving course or an approved advanced alcohol or drug courec DUI Alcohol or Drug Use Risk Re duction Program and the payment of a restoration fee of $36^e $210.00 or $a&09 $200.00 when such reinstatement is processed by mail.
(c) The license of any person whose license is suspended for the first time as a result of the assessment of points pursuant to Code Section 40-5-57 shall be reinstated by the depart ment immediately upon receipt by the department of a certificate of completion of an ap proved defensive driving course or an approved baaie alcohol or drug course DUI Alcohol or Drug Use Risk Reduction Program and the payment of a restoration fee of $3fe66 $210.00 oT
$200.00 when such reinstatement is processed by mail.
(d) The license of any person whose license is suspended for the second time as a result of the assessment of points pursuant to Code Section 40-5-57 shall be reinstated by the department immediately upon receipt by the department of a certificate of completion of an advanced defensive driving course or an approved advanced alcohol or drug course DUI Alcohol or Drug Use Risk Reduction Program and the payment of a restoration fee of $36.00 $210.00 or $36r90 $200.00 when such reinstatement is processed by mail."
Section 18. Said title is further amended by striking Code Section 40-5-86, relating to reduction of point count upon completion of course, in its entirety and inserting in lieu thereof a new Code Section 40-5-86 to read as follows:
"40-5-86. Upon the accumulation of eight points or more pursuant to Code Section 405-57, the total number of points accumulated by any driver shall be reduced by seven points

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3353

upon the satisfactory completion by such driver of an approved defensive driving course or an approved basic alcohol or drug course DUI Alcohol or Drug Use Risk Reduction Program and the submission of a certificate by such driver to the department. The provisions of this Code section shall be available one time only to each driver in any ten-year period."
Section 19. Said title is further amended by striking Code Section 40-5-88, relating to administrative penalties, in its entirety and inserting in lieu thereof a new Code Section 405-88 to read as follows:
"40-5-88. As an alternative to criminal or other civil enforcements, the commissioner of public safety or the commissioner of human resources, whichever is applicable, in order to enforce this article or any orders, rules, or regulations promulgated pursuant to this article, may issue an administrative fine not to exceed $1,000.00 for each violation, whenever the that commissioner, after a hearing, determines that any person, firm, or corporation has violated any provisions of this article or any regulations or orders promulgated under this article. The hearing and any administrative review thereof shall be conducted in accordance with the procedure for contested cases under Chapter 13 of Title 50, the 'Georgia Adminis trative Procedure Act.' Any person, firm, or corporation who has exhausted all administra tive remedies available and who is aggrieved or adversely affected by a final order or action of either the commissioner of public safety or the commissioner of human resources shall have the right of judicial review thereof in accordance with Chapter 13 of Title 50. All fines recovered under this Code section shall be paid into the state treasury. The commissioner of public safety or the commissioner of human resources, as appropriate, may file, in the superior court (1) wherein the person under order resides; (2) if such person is a corporation, in the county wherein the corporation maintains its principal place of business; or (3) in the county wherein the violation occurred, a certified copy of a final order of the such commis sioner, whether unappealed from or affirmed upon appeal, whereupon the court shall render judgment in accordance therewith and notify the parties. Such judgment shall have the same effect and proceedings in relation thereto shall thereafter be the same as though the judgment had been rendered in an action duly heard and determined by the court. The penalty prescribed in this Code section shall be concurrent, alternative, and cumulative with any and all other civil, criminal, or alternative rights, remedies, forfeitures, or penalties pro vided, allowed, or available to the such commissioner with respect to any violation of this article or any order, rules, or regulations promulgated pursuant to this article."
Section 20. Said title is further amended by striking Code Section 40-5-100, relating to identification cards for persons without drivers' licenses, in its entirety and inserting in lieu thereof a new Code Section 40-5-100 to read as follows:
"40-5-100. (a) The Department of Public Safety shall issue personal identification cards to all pcraona residents as defined in Code Section 40-5-1 who make application to the de partment in accordance with rules and regulations prescribed by the Board of Public Safety. Cards issued to applicants under 21 years of age shall contain the distinctive characteristics of drivers' licenses issued pursuant to Code Section 40-5-26. The identification card shall be similar in form but distinguishable in color from motor vehicle drivers' licenses and shall contain a recent color photograph of the applicant and include the following information:
(1) Full legal name;
(2) Address of residence;
(3) Birth date;
(4) Date identification card was issued;
(5) Sex;
(6) Height;
(7) Weight;
(8) Eye color;
(9) Post where the identification card was issued; and

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(10) Signature of person identified.
(b) The identification card shall be valid for four years and shall bear the signatures of the commissioner of public safety and the Governor and shall bear an identification card number which shall be the same as the social security number or, in the case of an individ ual who is not a citizen of the United States, the passport number of the person identified or any number the department deems necessary to implement this Code section."
Section 21. Said title is further amended by striking subsection (a) of Code Section 405-151, relating to disqualification from driving a commercial motor vehicle, and inserting in lieu thereof the following:
"(a) Any person is disqualified from driving a commercial motor vehicle for a period of not less than one year:
(1) If convicted of a first violation of:
(A) Any offense specified in Code Section 40-5-54 that occurs while the person is driv ing or being in actual physical control of a moving commercial motor vehicle; or
(B) Driving under the influence of alcohol or drugs, as provided in Code Section 40 6 301 or
{} (B) Driving or being in actual physical control of a moving commercial motor vehi cle while there is 0.04 percent or more by weight of alcohol in his or her blood, breath, or urine; or
(2) For refusal to submit to a test as prescribed in paragraph (1) of subsection (a) of Code Section 40-6-392 to determine the driver's alcohol concentration while driving a com mercial motor vehicle."
Section 22. Said title is further amended by striking Code Section 40-6-11, relating to the applicability of the rules of the road, in its entirety and inserting in lieu thereof a new Code Section 40-6-11 to read as follows:
"40-6-11. (a) For the purposes of this Code section, 'motorcycle' means any motor vehi cle traveling on public streets or highways having a seat or saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground but exclud ing a tractor and a moped.
(b) Except as provided in subsections (c), (d), and (e) of this Code section, the provi sions of this chapter shall not apply to the operation of motorcyclca.
te) (b) No owner of a motorcycle or any other person, other than a self-insurer as de fined in~Chapter 34 of Title 33, shall operate or authorize any other person to operate the motorcycle unless the owner has liability insurance on the motorcycle equivalent to that required as evidence of security for bodily injury and property damage liability under Code Section 40-9-37. Any person who violates this subsection shall be guilty of a misdemeanor.
id) (c) The operator of a motorcycle shall keep proof or evidence of the minimum insur ance coverage required by this Code section in his immediate possession or on the motorcy cle at all times when such person is operating the motorcycle. Any person who violates this subsection shall be subject to a fine not to exceed $25.00; however, there shall be no suspen sion of the person's operator's license or motor vehicle license tag for a violation of this subsection.
{e> (d) Every law enforcement officer in this state shall request the operator of a motor cycle to produce proof or evidence of minimum insurance coverage required by this Code section at any time the law enforcement officer requests the presentation of the driver's license of such operator."
Section 23. Said title is further amended by striking Code Section 40-6-160, relating to

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speed limits for school buses, in its entirety and inserting in lieu thereof a new Code Section 40-6-160 to read as follows:
"40-6-160. (a) Except as otherwise provided in subsection (b) of this Code section, it shall be unlawful to operate:
(1) A school bus transporting school children to and from school or to and from school activities at a speed greater than 40 miles per hour on a public road other than one which is a part of a National System of Interstate and Defense Highways; or
(2) A school bus transporting school children to and from school or to and from school activities on a public road which is a part of a National System of Interstate and Defense Highways at a speed greater than 66 55 miles per hour.
(b) When a school bus is transporting school children to or from an event or school activity or an express bus transporting students from one school to another school and is not loading or unloading children during such transportation, the speed limit shall be 66 55 miles per hour on other public roads as well as on those public roads which are a part of trie National System of Interstate and Defense Highways."
Section 24. Said title is further amended by striking subsection (a) of Code Section 406-252, relating to parking, standing, or driving a motor vehicle in a private parking area after being requested not to do so, in its entirety and inserting in lieu thereof a new subsec tion (a) to read as follows:
"(a) No person shall, after having been requested not to do so by a law enforcement officer or an authorized agent of the owner, park or stand an occupied or unoccupied motor vehicle in or repeatedly drive a motor vehicle through or within a parking area located on privately owned property and provided by a merchant, group of merchants, or shopping center or other facility for customers if:
(1) The parking area is identified by at least one sign as specified in this paragraph, and if the parking area contains more than 150 parking spaces then by at least one such sign for every 160 parking spaces at each entrance to the parking area, each such sign containing the following information in easy to read printing:
(A) Notice of this Code section;
(B) Identification of the property which is reserved for customers' use only;
(C) Identification of the merchant, group of merchants, or shopping center or other similar facility providing the parking area; and
(D) Warning that violators will be prosecuted; and
(2) The motor vehicle is parked, is standing, or is being operated other than for the purpose of:
(A) Transporting some person to or from the interior of the place of business of a merchant identified by the sign or signs in the parking area or to or from the interior of the shopping center or other facility so identified;
(B) Making use of a telephone, vending machine, automatic teller machine, or other similar facility located in the parking area;
(C) Meeting the requirements of a situation in which it has unexpectedly become im possible or impractical for the motor vehicle to continue to travel on the public roads; or
(D) Carrying out an activity for which express permission has been given by the owner of the parking area or an authorized representative of the owner."
Section 25. Said title is further amended by striking subsection (d) of Code Section 40-6-391.1, relating to entry of a plea of nolo contendere to a charge of violating Code Sec tion 40-6-391, in its entirety and inserting in lieu thereof a new subsection (d) to read as follows:
"(d) If a plea of nolo contendere is accepted as provided in subsection (b) of this Code

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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 within 120 days of the issuance of the court order. The court shall also require the surrender of the driver's license and shall retain such license until submission of proof of completion of a DUI Alco hol 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 imme diately upon submission of proof of completion of a DUI Alcohol or Drug Use Risk Reduc tion 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 inva lid and his driver's license shall be suspended, by operation of law, as provided in Code Section 40-5-68 and shall remain suspended until the defendant completes such program."
Section 26. Said title is further amended by striking subsection (d) of Code Section 408-22, relating to headlights, in its entirety and inserting in lieu thereof a new subsection (d) to read as follows:
"(d) The headlights required by this Code section shall be maintained in proper work ing condition and shall not be covered by any type of material, provided that the covering restriction shall not apply to any vehicle on which the original factory headlights were covered."
Section 27. Said title is further amended by striking subsection (c) of Code Section 408-73.1, relating to affixing of materials to windshields or windows to reduce light transmis sion, in its entirety and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) The provisions of subsection (b) of this Code section shall not apply to:
(1) Adjustable sun visors which are mounted forward of the side windows and are not attached to the glass;
(2) Signs, stickers, or other matter which is displayed in a seven-inch square in the lower corner of the windshield farthest removed from the driver or signs, stickers, or other matter which is displayed in a five-inch square in the lower corner of the windshield nearest the driver;
(3) Direction, destination, or termination signs upon a passenger common carrier motor vehicle if the signs do not interfere with the driver's clear view of approaching traffic;
(4) Any transparent item which is not red or amber in color which is placed on the uppermost six inches of the windshield;
(5) Any federal, state, or local sticker or certificate which is required by law to be placed on any windshield or window;
(6) The rear windshield or the side or door windows, except those windows to the right and left of the driver of:
(A) A multipurpose passenger vehicle;
(B) A school bus, any other bus used for public transportation, and any bus or van owned or leased by any religious or any nonprofit organization duly incorporated under the laws of this state;
(C) Any limousine owned or leased by a public or private entity; or
(D) Any other vehicle, the windows or windshields of which have been tinted or dark ened before factory delivery or permitted by federal law or regulation; er
(7) Any motor vehicle not registered in this stater ; or
(8) Any law enforcement vehicle."

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Section 28. Said title is further amended by striking Code Sections 40-8-74 and 40-8-77 in their entirety and inserting in lieu thereof new Code Sections 40-8-74 and 40-8-77 to read as follows:
"40-8-74. (a) No vehicle equipped with solid rubber tires shall be used or transported on the highways, unless every solid rubber tire on such vehicle shall have rubber on its entire traction surface at least one inch thick above the edge of the flange on the entire periphery.
(b) No person shall operate or move on any highway any motor vehicle, trailer, or semi trailer having any metal tire in contact with the roadway.
(c) No tire on a vehicle moved on a highway shall have on its periphery any block, stud, flange, cleat, or spike or any other protuberance of any material other than rubber which projects beyond the tread of the traction surface of the tire, except that it shall be permissi ble to use:
(1) Farm machinery with tires having protuberances which will not injure the highway; and
(2) Tire chains of reasonable proportions or tires equipped with safety spike metal metal spike studs upon any vehicle when required for safety because of snow, ice, or other conditions tending to cause a vehicle to skid.
(d) The Transportation Board and local authorities in their respective jurisdictions may in their discretion issue special permits authorizing the operation upon a highway of trac tion engines or tractors having movable tracks with transverse corrugations upon the pe riphery of such movable tracks, or of farm tractors or other farm machinery, the operation of which upon a highway would otherwise be prohibited under this Code section.
(e) All tires:
(1) Shall have not less than 2/32 inch tread measurable in all major grooves with the exception of school buses which shall have not less than 4/32 inch tread measurable in all major grooves;
(2) Shall be free from any cuts, breaks, or snags on tread and sidewall deep enough to expose body cord; and
(3) Shall be free from bumps, bulges, or separations.
(f) No motor vehicle shall be operated on a public street or highway with tires that have been marked 'not for highway use,' 'for racing purposes only,' or 'unsafe for highway use.'
(g) Retreaded tires shall not be used upon the front wheels of buses."
"40-8-77. (a) As used in this Code section, the term 'private passenger automobile' shall mean a four-wheel motor vehicle designed for carrying ten passengers or less, not for hire, for use on public roads and highways, and not designed for use as a dwelling or for camping, provided that the term 'private passenger automobile' shall not include a multipurpose vehi cle, which is, for the purposes of this Code section, defined as a motor vehicle, except a trailer, designed to carry ten passengers or less and constructed either on a truck chassis or with special features for occasional off-road operation.
(b) Every new private passenger automobile manufactured on and after August 1, 1973, which is sold or licensed in this state shall be sold subject to the manufacturer's warranty that it is equipped with an appropriate energy absorption system conforming to all federal motor vehicle safety standards applicable to such automobile on the date of manufacture. The warranty may be given by means of the federal safety standard certification label af fixed to the automobile.
(c) The warranty provisions of this Code section ahall not be applicable with rcapcet to any private passenger automobile as to which the manufacturer files a written certification

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under oath with the Department of Public Safety, on a form to be prescribed by that de partment, that the particular make and model described therein complies with the applica ble atnndarda of this Code section."
Section 29. Said title is further amended by striking Code Sections 40-13-3, 40-13-23, 40-13-29, 40-13-30. 40-13-31, 40-13-33, 40-13-50, 40-13-53, 40-13-57, 40-13-60, and 40-13-62 in their entirety and inserting in lieu thereof the following:
"40-13-3. Except for offenses tried in the superior courts, all other courts having juris diction of the offense shall may proceed with the adjudication of the offenses contained within the complaint without the necessity of filing an indictment or other accusation in order to bring the accused to trial. The judge or clerk of each court before whom a person accused of such an offense is brought shall promptly report the final disposition of the case to the Department of Public Safety."
"40-13-23. (a) No court defined in this article shall have the power to dispose of traffic misdemeanor cases as provided in this article unless the defendant shall first waive in writ ing a trial by jury. If the defendant wishes a trial by jury, he shall notify the court and, if reasonable cause exists, he shall be immediately bound over to the court in the county hav ing jurisdiction to try the offense, wherein a jury may be impaneled. Where a cash bond or driver's license in lieu of bond has been posted, the bond shall be transferred to the court assuming jurisdiction without the necessity of the defendant posting new bond.
(b) No waiver of a trial by jury may be withdrawn when such waiver has been inter posed for the purpose of delay. Except with approval of the court, no waiver of a trial by jury may be withdrawn after the commencement of the trial or the filing of motions on behalf of the defendant, whichever comes first."
"40-13-29. In all counties except those having city, county, or state courts, the judge of the probate court shall have exclusive jurisdiction of all traffic misdemeanor cases originat ing in the county outside of municipal corporationsr-The , and the judge of the municipal court in each municipal corporation shall have exclusive jurisdiction of traffic misdemeanor cases originating inside the corporate limits of municipalities.
40-13-30. State highway patrolmen Officers of the Georgia State Patrol and any other officer of this state or of any county or municipality thereof having authority to arrest for a criminal offense of the grade of misdemeanor shall have authority to prefer charges and bring offenders to trial under this article, provided that officers of an incorporated munici pality shall have no power to make arrests beyond the corporate limits of such municipality unless such jurisdiction is given by local or other law.
40-13-31. The sheriffs of the several counties of this state are entitled to an arresting fee, as provided by law, in every case in which the sheriff or his lawful deputy arrests, assists in arresting, or takes custody of any person charged with crime who has been apprehended by an officer of the atatc patrol Georgia State Patrol and delivered to the sheriff or his lawful deputy. If the sheriff is upon a salary, the fee shall be paid into the county treasury."
"40-13-33. (a) Any challenge to a misdemeanor conviction of any of the traffic laws of this state or the traffic laws of any county or municipal government which may be brought pursuant to Chapter 14 of Title 9 must be filed within 180 days of the date the conviction becomes final.
(b) Any challenge to a conviction specified in subsection (a) of this Code section which became final before March 28, 1986, must be filed within 180 days following March 28, 1986.
(c) When the commissioner of public safety is named as the respondent, all such peti tions must be brought in the Superior Court of Fulton County.
(d) Failure to file the challenge within the time prescribed in this Code section shall divest the court of jurisdiction."
"40-13-50. In every court of this state having jurisdiction over the violation of traffic laws or traffic ordinances, the judge, or the judges where there are is more than one judge,

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may provide by written order for the establishment of a traffic violations bureau for the handling or disposition of certain traffic cases in substantial compliance with this article. The court shall promulgate and provide to the clerk of the traffic violations bureau a list of the traffic offenses which shall be handled and disposed of by the traffic violations bureau. However, nothing in this article shall authorize the judge of such court to employ any person or persons to administer this article."
"40-13-53. (a) Subject to the exceptions set out in subsection (b) of this Code section, any officer who arrests any person for the violation of a traffic law or traffic ordinance al leged to have been committed outside the corporate limits of any municipality shall permit such person to be released upon being served with a citation and complaint and agreeing to appear, as provided in this article, unless . If such officer has reasonable and probable grounds to believe that the person will not obey such citation and agreement to appear, the officer may require such person to surrender his driver's license in accordance with Code Section 17-6-11.
(b) Persona arrested for the following offcnacs may not be released as provided in aubseetieH (a) of this Code section The following offenses shall not be handled or disposed of by a traffic violations bureau:
(1) Operating a motor vehicle in violation of Code Section 40 6 001 Any offense for which a driver's license may be suspended by the commissioner of public safety;
(2) Any motor vehicle registration violation;
(3) A violation of Code Section 40-5-20;
{3} (4) Speeding in excess of tt 30 miles per hour over the posted speed limit; or
(4) Any other offcnsc which the court has cxccptcd by order.
(5) Any offense which would otherwise be a traffic violations bureau offense but which arose out of the same conduct or occurred in conjunction with an offense which is excluded from the jurisdiction of the traffic violations bureau. Any such offense shall be subject to the maximum punishment set by lawT
(c) The court may, by ita order, add to the exceptions act out in aubacction (b) of this Code section but shall have no authority to remove any of such exceptions."
"40-13-57. In the event an officer has authority to issue citation and complaint as set forth in Code Section 40-13-53 but declines to do so because of his belief that such person will not obey the citation and agreement to appear, such officer may bring such person to the traffic violations bureau and such person may be allowed to post a cash bond for his appearance in accordance with the schedule established by the court."
"40-13-60. Any traffic violation under the jurisdiction of the traffic violations bureau shall be characterized and classified as a traffic violation and shall not be considered as a misdemeanor. Whenever any traffic violation is transferred from another court to a court which has a traffic violations bureau, if such offense is classified as a traffic violation on the traffic violations bureau schedule of the receiving court, such violation shall be handled and disposed of by such traffic violations bureau. Where a defendant demands a trial on a traffic violation, it shall be tried before a judge of the court which established the traffic violations bureau. The request for a trial shall not result in a loss of jurisdiction by the traffic viola tions bureau."
"40-13-62. When any person cited for a traffic violation pursuant to this article fails to appear in court on the date specified in the citation and in accordance with his written promise to appear, unless such person has posted a cash bond as provided in this article, the traffic violations bureau thereupon loses jurisdiction and the citation shall be forwarded to the prosecuting attorney of the court who shall have an accusation issued against such person. and Upon motion of the prosecuting attorney, a bench warrant shall issue based on the accusation for the arrest of the defendant. The defendant's case shall be docketed by the clerk of the court and handled as all other misdemeanors."

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Section 30. Said title is further amended by striking Code Sections 40-14-7- and 40-14-8 in their entirety and inserting in lieu thereof new Code Sections 40-14-7 and 40-14-8 to read as follows:
"40-14-7. No stationary speed detection device shall be employed by county, municipal, college, or university law enforcement officers where the vehicle from which the device is operated is not visible to obstructed from the view of approaching motorists or is otherwise not visible for a distance of at least 500 feet.
40-14-8. (a) No county, city, or campus officer shall be allowed to make a case based on the use of any speed detection device except in properly marked school zones one hour before, during, and one hour after the normal hours of school operation, and in properly marked residential districts, unless the speed of the vehicle exceeds the posted speed limit by more than ten miles per hour? and no conviction shall be had thereon unless such speed is more than ten miles per hour above the posted speed limit.
(b) The limitations contained in subsection (a) of this Code section shall not apply in properly marked school zones one hour before, during, and one hour after the normal hours of school operation and in properly marked residential zones. For purposes of this chapter, thoroughfares with speed limits of 35 miles per hour or more shall not be considered resi dential districts."
Section 31. (a) Except as provided in subsection (b) of this section, this Act shall be come effective upon its approval by the Governor or upon its becoming law without such approval.
(b) Sections 1 and 1.25 of this Act shall become effective July 1, 1992.
Section 32. All laws and parts of laws in conflict with this Act are repealed.
Senator Broun of the 46th moved that the Senate disagree to the House substitute to SB 505.

On the motion, the yeas were 35, nays 0; the motion prevailed, and the Senate disagreed to the House substitute to SB 505.

Senator Dean of the 31st moved that Senate Rule 111 be suspended and that the fol lowing bills and resolutions be read the third time and put upon their passage:

HB 2094 SR 525 HB 1534 HB 1265 HR 1010 HR 261

HR 789 HR 788 SR 493
HB 1540 SR 523

HB 1562

HB 1583

HR 1029

HB 1156

Pursuant to Rule 111, the motion was referred to the Senate Committee on Rules.

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

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

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3361

technology from provisions relating to nonpublic postsecondary educational institutions.
Senator Hammill of the 3rd moved that the Senate adhere to the Senate amendment to HB 1693, and that a Conference Committee be appointed.
On the motion, the yeas were 32, nays 0; the motion prevailed, and the Senate adhered to the Senate amendment to HB 1693.
The President appointed as a Conference Committee on the part of the Senate the following:
Senators Hammill of the 3rd, Ramsey of the 54th and Garner of the 30th.
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 1482. By Representatives Thomas of the 69th, Kilgore of the 42nd, Porter of the 119th, Hamilton of the 124th, Coleman of the 118th 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 exceptions; to provide for notice and a public hearing regarding a reorganization or consolida tion plan.
The Speaker has appointed on the part of the House, Representatives Kilgore of the 42nd, Herbert of the 76th and Porter of the 119th.
The House has agreed to the Senate amendments, as amended by the House, to the following bill of the House:
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.
The House has disagreed to the Senate amendment, to the House substitute, to the following bill of the Senate:
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.

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The House has adopted the report of the Committee of Conference on the following bills of the House:
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 terns; to provide for the composition of the 11 congressional districts of Georgia.
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.
The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:
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 House substitute to SB 588 was as follows:
A BILL
To be entitled an Act to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to repeal Article 7 of Chapter 8, the "Community Educa tion and Development Act"; to provide that no public officer or agency shall be required to provide access to public records which are to be used for commercial solicitation; to provide that no reports, summaries, or compilations shall be required; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 50 of the Official Code of Georgia Annotated, relating to state govern ment, is amended by striking in its entirety Article 7 of Chapter 8, the "Community Educa tion and Development Act," and inserting in lieu thereof the following:
"ARTICLE 7
RESERVED"
Section 2. Said title is further amended by adding a new subsection to Code Section 5018-70, relating to inspection of public records, to read as follows:
"(d) No public officer or agency shall be required to provide access to public records which are to be used for commercial solicitation. No public officer or agency shall be re quired to prepare reports, summaries, or compilations not in existence at the time of the request; provided, however, that parts of records subject to public disclosure should be made available as provided in subsection (g) of Code Section 50-18-72."
Section 3. All laws and parts of laws in conflict with this Act are repealed.

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Senator Thompson of the 33rd moved that the Senate agree to the House substitute to SB 588.

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

Those voting in the affirmative were Senators:

Alien Bishop Bowen Broun of 46th Burton Coleman Collins Dawkins Echols Egan English Foster Gillis

Hammill Harris Hasty Henson Hooks Johnson Langford Moye Newbill Perdue Perry Ragan of 10th

Ragan of 32nd Ramsey Ray Steinberg Taylor Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White

Voting in the negative was Senator Clay.

Those not voting were Senators:

Albert Baldwin Brown of 26th Deal (excused conferee) Dean Edge

Garner (excused conferee) Hill Huggins Kidd Marable Phillips

Pollard Robinson Scott Shumake Starr Tate

On the motion, the yeas were 37, nays 1; the motion prevailed, and the Senate agreed to the House substitute to SB 588.

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

HB 2024. By Representative Connell of the 87th:
A bill to amend an Act providing a charter for the City of Augusta, so as to change the provisions limiting the succession in office of the mayor and council members.

Senator Walker of the 22nd moved that the Senate recede from the Senate amendment to HB 2024.

On the motion, the yeas were 30, nays 0; the motion prevailed, and the Senate receded from the Senate amendment to HB 2024.

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

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.

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The House amendment was as follows:

Amend the Senate amendment to HB 1609 by adding on line 7 of page 1 between the semicolon and the word "to" the following:
"to change certain provisions relative to rules and regulations of county boards of health which conflict with rules of the Department of Human Resources; to repeal certain provisions relating to the authority of county boards of health with respect to regulations applicable to septic tanks;".
By striking in their entirety lines 11 through 21 on page 1 and inserting in lieu thereof the following:
"(c) The regulations of a county board of health adopted pursuant to the authority of paragraphs (1) through (5) of subsection (a) of this Code section shall control over any conflicting or inconsistent rules or regulations of the Department of Human Resources adopted pursuant to Chapter 2 of this title or pursuant to any other law. To the extent that the previsions of this Code acction arc inconsistent or in conflict with the provisions of Chapter 2 of this title or any other law, the provisions of this Code section ahall control over auch inconsistent or conflicting laws.' "

Senator Ramsey of the 54th moved that the Senate agree to the House amendment to the Senate amendment to HB 1609.

On the motion, 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 Coleman Collins Echols Egan

English Foster Gillis Hammill Harris Hasty Hooks Langford Newbill Perdue

Perry Ragan of 10th Ragan of 32nd Ramsey Ray Taylor Timmons Turner Tysinger White

Those not voting were Senators:

Alien Baldwin Clay Dawkins Deal (excused conferee) Dean Edge Garner (excused conferee) Henson

Hill Huggins Johnson (excused conferee) Kidd Marable Moye Phillips Pollard Robinson

Scott Shumake Starr Steinberg Tate Thompson Walker of 22nd Walker of 43rd

On the motion, the yeas were 30, nays 0; the motion prevailed, and the Senate agreed to the House amendment to the Senate amendment to HB 1609.

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3365

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

HB 1482. By Representatives Thomas of the 69th, Kilgore of the 42nd, 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 exceptions; to provide for notice and a public hearing regarding a reorganization or consolida tion plan.

Senator Taylor of the 12th moved that the Senate adhere to the Senate substitute to HB 1482, and that a Conference Committee be appointed.

On the motion, the yeas were 37, nays 0; the motion prevailed, and the Senate adhered to the Senate substitute to HB 1482.

The President appointed as a Conference Committee on the part of the Senate the following:
Senators Dawkins of the 45th, Robinson of the 16th and Taylor of the 12th.

The following local bill of the House was taken up for the purpose of considering the Conference Committee report thereon:

HB 2069. By Representative Padgett of the 86th:
A bill to amend an Act creating the board of commissioners of Richmond County, so as to change the composition of the board.

The Conference Committee report on HB 2069 was as follows:
The Committee of Conference on HB 2069 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference substitute to HB 2069 be adopted.
Respectfully submitted,

FOR THE SENATE:
/s/ Frank A. Albert Senator, 23rd District
/s/ G. B. Pollard, Jr. Senator, 24th District
/s/ Charles W. Walker Senator, 22nd District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Donald E. Cheeks Representative, 89th District
/s/ Henry Howard Representative, 85th District
/s/ Mike Padgett Representative, 86th District

Conference Committee substitute to HB 2069:

A BILL
To be entitled an Act to amend an Act creating the Board of Commissioners of Rich mond County, approved August 19, 1907 (Ga. L. 1907, p. 324), as amended, particularly by an Act approved March 14, 1984 (Ga. L. 1984, p. 4245), so as to change the composition of the board; to provide for a chairperson and vice chairperson; to provide for board member qualifications, terms, and manner of election and filling vacancies; to provide for commis sioner districts; to provide for board organization, voting, meetings, compensation, and al lowances; to provide for definitions and insertions; to provide for the completion of terms by members serving on the board on January 1, 1992, in designated districts; to provide for a

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statement of policy of the board of commissioners; to provide for powers and duties of the board of commissioners; to provide for equal opportunity for employment, promotion, and appointment; to provide for an equal opportunity director and a director of minority busi ness opportunities; to provide for staff and their duties; to provide for the submission of this Act to the United States Attorney General; to provide for the automatic repeal of this Act if its implementation is not permissible under the federal Voting Rights Act of 1965, as amended, as of a certain date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act creating the Board of Commissioners of Richmond County, approved August 19, 1907 (Ga. L. 1907, p. 324), as amended, particularly by an Act approved March 14, 1984 (Ga. L. 1984, p. 4245), is amended by striking Sections 1 and 2 and inserting in their place a new Section 1 to read as follows:
"Section 1. (a) Beginning January 1, 1993, the governing authority of Richmond County shall be a board of commissioners of said county, referred to in this section as the board, consisting of eight members.
(b) For the purpose of the board established in subsection (a) of this section, Richmond County is divided into eight commissioner districts as follows:
Commissioner District: 1
RICHMOND COUNTY VTD: 0001 1 VTD: 0002 1A VTD: 0003 2 (Part) Tract: 0007. Block(s): 112, 113, 114, 115, 117, 118, 125, 126, 128, 129, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 319, 320, 323, 324, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 419, 420, 421, 422 Tract: 0009. Block(s): 101, 102, 103, 201, 202, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 401, 404, 405, 406, 407 Tract: 0015. Block(s): 101A, 103, 307, 308, 309 Tract: 0106. Block(s): 902A, 902B, 902C, 906A, 906B, 907, 915A, 915B, 917, 918, 919, 920A VTD: 0004 2A VTD: 0012 5 VTD: 0013 5A VTD: 0019 7 (Part) Tract: 0001. Block(s): 209, 210, 211, 302, 303, 304, 305, 409, 410, 413 VTD: 0020 7A VTD: 0021 8 (Part) Tract: 0001. Block(s): 415, 501, 502, 505, 506, 507, 508, 509, 511, 512, 516A, 516B VTD: 0022 8A (Part) Tract: 0016. Block(s): 103, 104, 105, 106, 107, 108, 109, 110, 219A, 233 VTD: 0026 85-1
Commissioner District: 2
RICHMOND COUNTY VTD: 0003 2 (Part) Tract: 0009.

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Block(s): 402, 403, 408, 409, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 601, 605
VTD: 0005 3 (Part) Tract: 0009. Block(s): 602, 606, 607, 608, 609, 610, 612, 613 Tract: 0010. Blocks(s): 122, 201, 202, 203, 204, 205, 206, 207, 208, 209, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 419, 420, 422, 423, 430, 431, 432, 433, 434, 435, 440, 441, 444
VTD: 0008 4 VTD: 0009 4A VTD: 0010 4B VTD: 0011 4C VTD: 0014 5B VTD: 0027 85-2 VTD: 0028 85-3 VTD: 0039 88-1 VTD: 0042 88-4 VTD: 0044 88-6
Commissioner District: 3
RICHMOND COUNTY VTD: 0005 3 (Part) Tract: 0010. Block(s): 406, 415, 416, 417, 418, 428, 429, 436, 437, 438, 439, 442 VTD: 0015 6 (Part) Tract: 0011. Block(s): 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 201, 202, 203, 204, 205, 206 Tract: 0012. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 512, 513 VTD: 0017 6B VTD: 0019 7 (Part) Tract: 0001. Block(s): 201, 202, 203, 204, 205, 206, 207, 208, 212, 213, 301, 411, 412 Tract: 0002. Block(s): 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311 Tract: 0011. Block(s): 101, 102, 103, 104, 105, 209, 210, 211, 212, 213, 214, 215, 216, 217, 301, 302, 303, 310, 311, 312, 315 VTD: 0021 8 (Part) Tract: 0001. Block(s): 414 Tract: 0011. Block(s): 304, 305, 306, 307, 308, 309, 313, 314, 316, 317, 318, 319, 320, 321 Tract: 0012. Block(s): 605, 606, 607, 608 VTD: 0022 8A (Part) Tract: 0011. Block(s): 207, 208 Tract: 0012. Block(s): 601, 602, 603, 604, 609, 610, 611, 612, 613, 614, 615, 901B Tract: 0016. Block(s): 101, 102, 111, 112, 113, 114, 115, 116, 117, 118, 119, 202A, 205, 206, 207A, 208A, 209, 212, 213A, 215, 216, 217, 218, 226A, 227A VTD: 0046 89-1 VTD: 0051 89-6

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VTD: 0055 89-10 VTD: 0058 90-3 VTD: 0060 90-5 (Part)
Tract: 0016. Block(s): 301, 317, 318, 324, 327, 501, 502, 503B, 504, 513, 515, 516, 517, 901B, 901C
Tract: 0101.05 Block(s): 525, 526, 527, 528, 529, 530, 531, 532
Tract: 0102.01 Block(s): 402, 404, 418, 419, 420, 421, 422, 430, 431
Tract: 0102.03 Block(s): 401, 402, 403
Tract: 0102.04 Block(s): 701, 702, 703, 704, 705, 706, 707, 708, 709, 710, 711, 901, 902, 903, 904, 905
Commissioner District: 4
RICHMOND COUNTY VTD: 0031 86-3 (Part) Tract: 0107.05 Block(s): 101, 102, 103, 105, 106, 107, 108, 109 VTD: 0032 86-4 (Part) Tract: 0107.03 Block(s): 103, 104, 105, 106, 107, 108, 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 Tract: 0107.04 Block(s): 101, 103, 148, 149, 150, 151, 152, 153, 154 Tract: 0108. Block(s): 901F VTD: 0049 89-4 VTD: 0053 89-8
Commissioner District: 5
RICHMOND COUNTY VTD: 0006 3A VTD: 0007 3B VTD: 0015 6 (Part) Tract: 0012. Block(s): 112, 113, 201, 202, 203, 204, 205, 206, 207, 208, 501, 506, 507, 508, 509, 510, 511, 901A Tract: 0013. Block(s): 207, 208, 210, 211, 212, 213, 214, 215, 216, 225A VTD: 0016 6A VTD: 0018 6C VTD: 0021 8 (Part) Tract: 0012. Block(s): 402, 616 VTD: 0023 8B VTD: 0024 8C VTD: 0040 88-2 VTD: 0041 88-3 VTD: 0043 88-5 VTD: 0045 88-7 VTD: 0047 89-2 VTD: 0052 89-7

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Commissioner District: 6
RICHMOND COUNTY VTD: 0030 86-2 (Part) Tract: 0105.10 Block(s): 401 VTD: 0031 86-3 (Part) Tract: 0107.05 Block(s): 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, 244, 245, 246, 247 VTD: 0032 86-4 (Part) Tract: 0107.04 Block(s): 102, 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, 155, 156, 157, 158, 159, 160, 161, 162, 163 VTD: 0035 86-7 VTD: 0036 86-8 (Part) Tract: 0107.06 Block(s): 106, 107, 108, 109, 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: 0050 89-5 VTD: 0063 FG1 VTD: 0064 FG2 VTD: 0066 FG4 VTD: 0067 FG5 VTD: 0068 FG6
Commissioner District: 7
RICHMOND COUNTY VTD: 0037 87-1 VTD: 0038 87-2 VTD: 0056 90-1 VTD: 0057 90-2 VTD: 0059 90-4 VTD: 0060 90-5 (Part) Tract: 0102.01 Block(s): 401, 403, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 426
Commissioner District: 8
RICHMOND COUNTY VTD: 0029 86-1 VTD: 0030 86-2 (Part) Tract: 0105.10 Block(s): 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 Tract: 0105.11 Block(s): 202, 203, 204, 214, 215, 216, 217, 218, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 321, 322, 323, 324, 325, 326, 414 VTD: 0031 86-3 (Part) Tract: 0107.05 Block(s): 239, 240, 241, 242, 243 VTD: 0033 86-5 VTD: 0034 86-6

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VTD: 0036 86-8 (Part) Tract: 0106. Block(s): 929A, 929B, 930A, 930B, 931, 932, 934, 936B, 941, 942, 943, 945, 946, 947, 948B, 949, 950, 951, 952, 953, 954, 955, 956, 957, 958, 959, 960, 961, 962,
963, 964, 965, 973 Tract: 0107.06
Block(s): 101, 102, 103, 104, 105, 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
Tract: 0109.02 Block(s): 102
VTD: 0048 89-3

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 Richmond County which is not included in any commissioner district described 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 cen sus of 1990 for the State of Georgia; and

(5) Any part of Richmond 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.

(c) No person shall be eligible to serve as a member of the board unless that person:

(1) Continues to reside within the commissioner district from which elected during that person's term of office; and

(2) Is a registered and qualified elector of Richmond County.

(d) Those members of the board of commissioners of Richmond County serving as such on January 1, 1992, under the previously existing provisions of this section shall serve out their respective terms of office but shall be deemed to be serving out those terms in desig nated commissioner districts as follows:

Mr. Herb Beckham Mr. Lee Neel, III Mr. J. Hobson Chavous Mr. Henry Brigham Mr. Larry E. Sconyers Mr. Willie Mays

Commissioner District 7 Commissioner District 3 Commissioner District 6 Commissioner District 5 Commissioner District 8 Commissioner District 1

(e) Those members of the board who, under subsection (d) of this section, are deemed

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to be serving out their terms in designated Commissioner Districts 1, 5, and 8 shall serve until December 31, 1992, and the election and qualification of their respective successors, which successors shall be elected for Commissioner Districts 1, 5, and 8 shall be in the 1992 November general election. The members first elected from Commissioner Districts 1, 5, and 8 shall serve, beginning January 1, 1993, for initial terms of four years each and until their respective successors are elected and qualified under subsection (h) of this section. Those members of the board who, under subsection (d) of this section, are deemed to be serving out their terms in designated Commissioner Districts 3, 6, and 7 shall serve until December 31, 1994, and until their respective successors are elected and qualified under subsection (f) of this section.
(f) At the 1994 November general election, successors to those members of the board from Commissioner Districts 3, 6, and 7, all of whose terms expire December 31, 1994, shall be elected to serve, beginning January 1, 1995, for terms of four years each and until their respective successors are elected and qualified under subsection (h) of this section.
(f.l) All members of the Board of Commissioners of Richmond County who were in office on February 1, 1992, shall serve for the remainder of their unexpired terms for which they were elected. Successors to such members shall be elected as provided in this section from the commissioner districts as reapportioned in 1992.
(g) The first member elected from Commissioner District 2 shall serve, beginning Janu ary 1, 1993, for an initial term of two years; and the first member elected from Commis sioner District 4 shall serve, beginning January 1, 1993, for an initial term of four years; and both shall serve until their respective successors are elected and qualified under subsection (h) of this section.
(h) Successors to members of the board whose terms expire after December 31, 1994, shall be elected at the general election immediately preceding the expiration of their respec tive member's term of office, shall take office on the first day of January immediately follow ing the election for terms of four years and until the election and qualification of their respective successors.
(i) Each member of the board elected to the board in the 1992 November general elec tion or any election thereafter shall be elected by a majority of the voters voting within the commissioner district of that member. All members of the board shall be nominated and elected in accordance with the provisions of Chapter 2 of Title 21 of the O.C.G.A., the 'Georgia Election Code.'
(j) Any vacancy in the board which occurs within one year prior to the expiration of a term of office shall be filled for the unexpired term and until a successor is elected and qualified by a member appointed by a majority vote of the remaining members of the board. Any vacancy in the board which occurs more than one year prior to the expiration of a term of office shall be filled for the unexpired term and until a successor is elected and qualified by a special election called by the Board of Elections of Richmond County for that purpose within 45 days after that vacancy occurs. No person shall be appointed or elected to fill a vacancy unless that person resides in the commissioner district corresponding to that of the member whose unexpired term is being filled; provided, however, that in the event of a special election prior to January 1, 1993, to fill a vacancy on the board, a candidate may reside either in the commissioner district created by an Act approved March 14, 1984 (Ga. L. 1984, p. 4245) corresponding to that of the member whose unexpired term is being filled or in the commissioner district created by this Act, as set forth in subsection (b) of this section, corresponding to that of the member whose unexpired term is being filled.
(k) At the first regular meeting of the board in 1993 and at such first regular meeting annually thereafter, the members of the board shall elect from their number a chairperson and vice chairperson to serve terms of one year, respectively. The chairperson shall possess and exercise the following executive and administrative powers and duties:
(1) To preside at all meetings of the board and vote on all matters before the board;

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(2) To serve as the official head of Richmond County for the service of process and for ceremonial purposes;
(3) To administer oaths and to take affidavits;
(4) To sign all written contracts entered into by the board on behalf of Richmond County and all other contracts and instruments executed by the county which by law are required to be in writing;
(5) To ensure that all laws, ordinances, and resolutions of Richmond County are faith fully executed; and
(6) To exercise such other powers and perform such other duties as may be required by ordinance or resolution of the board.
(1) The chairperson of the board shall receive an annual salary of $10,600.00, payable in equal monthly installments, and a monthly expense allowance of $200.00 for actual and necessary expenses incurred in carrying out the chairperson's official duties. The vice chairperson shall receive an annual salary of $8,200.00, payable in equal monthly install ments, and a monthly expense allowance of $150.00 for actual and necessary expenses in curred in carrying out the vice chairperson's official duties. Members of the board, other than the chairperson and vice chairperson, shall each receive an annual salary of $8,200.00, payable in equal monthly installments, and a monthly expense allowance of $100.00 for ac tual and necessary expenses incurred in carrying out their respective official duties. The salary and expense allowances of the chairperson, vice chairperson, and other members of the board shall be paid from county funds."
Section 2. Said Act is further amended by adding a new Section 1.1 to read as follows:
"Section 1.1. (a) It shall be the policy of the board of commissioners that all citizens shall have equal opportunity for employment, promotion, and appointment by the board of commissioners. It shall further be the express policy of the board of commissioners that all persons shall have equal opportunity for conducting business with the board of commission ers to the greatest extent possible.
(b) In furtherance of the policies stated in subsection (a) of this section, the board of commissioners shall employ a person to serve as equal employment opportunity director and a person to serve as director of minority business opportunities. These positions shall have such staff and duties as the board of commissioners may from time to time determine, and the duties of such persons shall include the following:
(1) To advise the board of commissioners and its officers of the need for minority ap pointments to boards, commissions, and authorities and the availability of qualified minor ity citizens to serve;
(2) To advise the board of commissioners and is officers on ways and means to promote and increase business relations between the board of commissioners and minority owned firms and businesses; and
(3) To advise the board of commissioners on ways and means to promote minority busi ness opportunities within the jurisdiction of the board of commissioners and to implement such programs as the board of commissioners may adopt to promote minority business opportunities."
Section 3. (a) It shall be the duty of the attorney of the Board of Commissioners of Richmond County to submit this Act to the United States Attorney General for review under the federal Voting Rights Act of 1965, as amended; and it shall be the duty of the Board of Commissioners of Richmond County to direct and ensure that such submission is made by the board's attorney or some other attorney if the board's attorney fails to act. It shall be the duty of the board of commissioners and the board's attorney to ensure that such submission has been completed not later than 30 days after the Governor approves this Act or it becomes law without such approval and to ensure that such submission contains all

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materials necessary or appropriate to a prompt and favorable ruling on this Act by the Attorney General.
(b) If, as of the first date upon which candidates may begin qualifying for nomination as candidates for members on the Board of Commissioners of Richmond County in the gen eral 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 Albert of the 23rd moved that the Senate adopt the Conference Committee report on HB 2069.

On the motion, 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

Garner Gillis Hammill Harris Hasty Henson Hooks Huggins Johnson Langford Marable Moye Newbill Perdue Perry

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

Those not voting were Senators:

Bishop Bowen Broun of 46th Deal

Hill Kidd Ramsey Robinson

Shumake Steinberg Taylor Walker of 22nd

On the motion, the yeas were 44, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on HB 2069.

Pursuant to a previously offered motion by Senator Dean of the 31st to suspend Rule 111, the following committee report was read by the Secretary:

Mr. President:

The Committee on Rules has had under consideration the following motion: A motion to suspend Senate Rule 111 and the following bills and resolutions be read the third time and put upon their passage:

HB 2094

SR 525

HB 1265

HR 1010

HB 1562

HR 1029

HR 788

SR 493

SR 523

HB 1583

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HB 1534 HR 261 HR 789

HB 1540 HB 1156

The Rules Committee recommends that the motion be adopted by the Senate. Respectfully submitted, Senator Dean of the 31st District, Chairman

On the motion to suspend Rule 111, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Alien Baldwin Broun of 46th
Brown of 26th
Burton Clay Coleman Collins Dean Echols Edge Egan English Foster Gillis

Hammill Harris Hasty Henson Hooks Huggins Langford Marable Moye Newbill Perdue Perry Phillips Pollard

Ragan of 10th Ragan of 32nd Ray Scott Starr Steinberg Tate Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White

Voting in the negative was Senator Albert.

Those not voting were Senators:

Bishop Bowen Dawkins Deal (excused conferee)

Garner (excused conferee) Hill Johnson (excused conferee) Kidd

Ramsey Robinson Shumake Taylor

On the adoption of the motion, the yeas were 43, nays 1; the motion prevailed, and the bills and resolutions listed on the above committee report were placed on the following Sen ate Rules Calendar:

RULES CALENDAR
Tuesday, March 31, 1992 FORTIETH LEGISLATIVE DAY
HB 2094 Flint Judicial Circuit Superior Courts--provide third judge (Judy--27th) HB 1265 Equines--provide for humane care (Ag--21st) HB 1562 Tax Appeals--specify time when interest begins to accrue (F&PU--8th) HR 788 Glynn County--easement for marina on state property (F&PU--3rd) SR 523 Medical College of Georgia School of Nursing Day--designate July 8, 1992
(H&HS--22nd) SR 525 Senate Deer Baiting Study Committee--create (Rules--13th)

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HR 1010 Scooterville Highway--designate (Trans--1st) HR 1029 Coleman's Bridge--designate (Trans--4th) SR 493 Presidential Candidates--urge position on children, youth issues (YA&HE--3rd) HB 1583 Emergency 911 System--create advisory board (F&PU--44th) HB 1534 Death Certificate--change provisions relating to (H&HS--55th) HR 261 Cable Industry--urge Congress open to more competition (F&PU--54th) HR 789 Wetlands Conservation Study Committee--continue (Rules--3rd) HB 1540 Livestock Dealers--liability of one purchasing leased livestock (Ag--21st) HB 1156 Certain Abandoned Automobiles--offense of leaving within access of children
(YA&HE--36th) Respectfully submitted,
/s/ Nathan Dean of the 31st, Chairman Senate Rules Committee
The following resolution of the House was taken up for the purpose of considering the House action thereon:
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.
Senator Edge of the 28th moved that the Senate adhere to the Senate amendment to HR 715, and that a Conference Committee be appointed.
On the motion, the yeas were 32, nays 0; the motion prevailed, and the Senate adhered to the Senate amendment to HR 715.
The President appointed as a Conference Committee on the part of the Senate the following:
Senators Edge of the 28th, Harris of the 27th and Perdue of the 18th.
The following bill of the Senate was taken up for the purpose of considering the House amendment thereto:
SB 255. By Senators Langford of the 35th and Albert of the 23rd: A bill to amend Code Section 16-5-23 of the Official Code of Georgia Annotated, relating to the offense of simple battery, so as to provide that a person who com mits the offense of simple battery against a police officer engaged in carrying out official duties shall, upon conviction, be punished for a misdemeanor of a high and aggravated nature.
The House amendment was as follows:
Amend SB 255 by striking lines 18 through 20 of page 1 and inserting the following: "thereof, be punished for a misdemeanor of a high and aggravated nature.' "
Senator Langford of the 35th moved that the Senate agree to the House amendment to SB 255.

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

Those voting in the affirmative were Senators:

Alien Baldwin Bishop
Brown of 26th Burton Clay Coleman Collins Dawkins Deal Dean Echols Edge Egan Foster

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

Pollard Ragan of 10th Ragan of 32nd
Ramsey Scott Starr Steinberg Tate Taylor Thompson Timmons Turner Tysinger Walker of 43rd

Those not voting were Senators:

Albert Bowen Broun of 46th English

Garner Kidd Phillips Ray

Robinson Shumake Walker of 22nd White

On the motion, the yeas were 44, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 255.

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

Mr. President:

The House adheres to its position in insisting on its substitute, and has appointed a Committee of Conference to confer with a like committee on the part of the Senate on the following bill of the Senate:

SB 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.

The Speaker has appointed on the part of the House, Representatives Kilgore of the 42nd, Porter of the 119th and Herbert of the 76th.

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

SB 410. By Senators Johnson of the 47th, Deal of the 49th, Garner of the 30th and others:
A bill to amend Part 1 of Article 4 of Chapter 12 of Title 45 of the Official Code of Georgia Annotated, relating to management of budgetary and financial affairs,

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3377

so as to require the submission of certain five-year strategic plans by each budget unit in conjunction with budget estimates.
The following bill of the Senate was taken up for the purpose of considering the House action thereon:
SB 410. By Senators Johnson of the 47th, Deal of the 49th, Garner of the 30th and Thompson of the 33rd:
A bill to amend Part 1 of Article 4 of Chapter 12 of Title 45 of the Official Code of Georgia Annotated, relating to management of budgetary and financial affairs, so as to require the submission of certain five-year strategic plans by each budget unit in conjunction with budget estimates.
Senator Johnson of the 47th moved that the Senate adhere to its disagreement to the House substitute to SB 410, and that a Conference Committee be appointed.
On the motion, the yeas were 32, nays 0; the motion prevailed, and the Senate adhered to its disagreement to the House substitute to SB 410.
The President appointed as a Conference Committee on the part of the Senate the following:
Senators Garner of the 30th, Thompson of the 33rd and Johnson of the 47th.
The President announced that the Senate would stand in recess from 5:30 o'clock P.M. until 7:00 o'clock P.M.
At 7:00 o'clock P.M., Senator Garner of the 30th called the Senate to order.
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has passed, by substitute, by the requisite constitutional majority the fol lowing bills of the Senate:
SB 598. By Senators Edge of the 28th and Dawkins of the 45th:
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.
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.

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

HB 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.
Senate Sponsor: Senator Harris of the 27th.

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

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

Those voting in the affirmative were Senators:

Albert Alien Baldwin Bowen Burton Coleman Collins Dawkins Deal Dean Edge Egan English Foster

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

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

Those not voting were Senators:

Bishop Broun of 46th Brown of 26th Clay Echols Garner (presiding)

Hill Johnson Moye Phillips Ramsey

Robinson Shumake Tate Timmons Walker of 22nd

On the passage of the bill, the yeas were 40, nays 0.

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

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

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.

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3379

The House substitute to SB 617 was as follows:
A BILL
To be entitled an Act to amend Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, so as to repeal certain requirements regarding notification of nonresidents of the receipt of a return or amount of tax due by certain local tax officials; to change the oath of office for tax collectors; to change certain provisions relating to duties of tax receivers; to change the provisions relating to duties of tax collectors and tax commissioners; to repeal certain provisions relating to duties of tax collectors or tax commissioners with respect to defaulters; to repeal certain provisions re garding liability of tax receivers or tax commissioners; to change certain provisions regard ing the accountability of a tax collector or tax commissioner; to change the time when mo bile home ad valorem taxes shall be paid; to change the time when location permits shall be obtained; to provide that certain violations with respect to mobile home decals may be pros ecuted in magistrate court; to delete certain provisions authorizing separate due dates for such taxes and location permits in certain counties; to provide for applicability; to provide for effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, is amended by striking Code Section 48-5-13, relating to notice to nonresidents or agents of receipt of returns and amount of tax due, which reads as follows:
"48-5-13. (a) (1) Each tax receiver and tax commissioner shall notify nonresidents or their agents of the receipt of returns immediately upon the receipt of the returns by them.
(2) Each tax collector and tax commissioner shall notify each nonresident or his agent of the amount of tax due from the nonresident as soon as the digests are turned over to them and the rate of tax has been levied.
(b) If any owner of real property suffers injury by the failure of the tax collector or tax commissioner to perform his duty as prescribed in subsection (a) of this Code section, the offending officer shall be liable on his bond to the injured person for the full damage sus tained including, but not limited to, all costs and expenses of redeeming of recovering his real property or the value of the real property not redeemed or recovered.
(c) Notice forwarded by due course of mail shall be sufficient compliance by the tax commissioner, tax receiver, or tax collector with the requirements of subsections (a) and (b) of this Code section.
(d) The tax commissioner, tax receiver, and tax collector shall be allowed and paid their respective accounts annually incurred for postage in carrying out the requirements of sub sections (a) and (b) of this Code section. Payment of the accounts shall be made upon a sworn account properly audited by the officer or officers having charge of the county finances.",
and inserting in its place a new Code Section 48-5-13 to read as follows:
"48-5-13. Reserved."
Section 2. Said chapter is further amended by striking paragraphs (5) and (6) of Code Section 48-5-103, relating to duties of tax receivers, and inserting in their place new paragraphs (5) and (6) to read as follows:
"(5) Embrace in his digest to the commissioner, the governing authority of the county, and the tax collector, respectively, a list containing;
(A) All defaulters;
(B) The amount of each defaulter's taxes and the interest and penalties assessed against the defaulter;

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(C) All property aaocoacd by him which haa not been returned; and
(D) Other special actions taken in conformity with the law Reserved;
(6) Compile and make available for public inspection in the office of the tax collector a liat of all the dcfaultero and the amount of each defaulter's taxes, intcrcata, and penalties Reserved;".
Section 3. Said chapter is further amended by striking in its entirety Code Section 48-5121, relating to the oath of office for tax collectors, and inserting in lieu thereof a new Code Section 48-5-121 to read as follows:
"48-5-121. Each tax collector before entering on the duties of his office shall take and subscribe to the following oath in addition to the oath required of all civil officers:
'I, ________________, tax collector of the County of _______________, do swear that I will faithfully discharge the duties required of me by law as tax collector, and that I will search out and make a true return of all defaulters, and all taxable property not found on the tax receiver's digcot or not returned according to law, and that I will pay evef-ftll taxes collected by me, as required by law diligently collect all taxes required by law fSoor hmeelptomceolGleocdt .a' n"--d --fa--it--hf--u--lly----pa--y--t--he--s--e --ov--e--r --to--t--he----pe--rs--o--ns--a--u--th--o--ri--ze--d--t--o --re--ce--iv--e--t--he----sa--m--e.
Section 4. Said chapter is further amended by striking in its entirety subsection (a) of Code Section 48-5-127, relating to duties of tax collectors, and inserting in lieu thereof a new subsection (a) to read as follows:
(a) It shall be the duty of the tax collector to:
(1) Collect diligently and pay promptly the funds allowed the state by law and the county taxes to the commissioner and the county treasurer, respectively;
(2) Search out and ascertain as far aa possible all taxable property not returned to the tax receiver or not found in his digests, except that the inspection of mobile homes to deter mine if dccala have boon attached shall be the duty of the tax appraiacra;
(3) Enter all defaults in a book kept for that purpose; aaacaa and collect thereon all
county treasurer, respectively, after deducting single commissions; and deposit the book with the commissioner and a copy with the governing authority of the county before the day of final settlement;
{4} (2) Have his insolvent lists allowed in the manner provided by law before final set tlement ^Ith the commissioner;
{6} (3) 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) Publish at the door of the courthouse for 80 days hio inaolvcnt lists including, but not limited to, the taxca of each pcraon on the inaolvcnt list;
4?) (4) (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} (5) Conform to such rules as may be furnished and obey such orders as may be given by the commissioner;
(0) (A) (6) Issue executions against as provided by law for all tax defaulters and inaol vents who arFrcaidcnts of the county in which the tax collector holds office, for each year preceding hio election and for the years for which he ia elected taxes due the state or any county remaining unpaid after the time provided by law for payment;
(B) Collect the tax due from defaulters! and

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(C) Pay over the tax collected from defaulters to the
(7) 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
(8) Perform all other duties that the law requires and which necessarily under the law appertain to the office of tax collector."
Section 5. Said chapter is further amended by striking in its entirety Code Section 48-5136, relating to the schedule of defaulters, which reads 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, shall set forth in all cases 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 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.",
and inserting in its place a new Code Section 48-5-136 to read as follows:
"48-5-136. Reserved."
Section 6. Said chapter is further amended by repealing Code Section 48-5-206, relating to certain liability of tax receivers or tax commissioners, which reads as follows:
"48-5-206. (a) If a tax receiver or tax commissioner makes a false entry or a return in either of his digests, expressing more than is returned, he shall forfeit to the aggrieved party in all cases $100.00. If the amount out of which the party is defrauded by the entry is more than $100.00, then he shall forfeit to the aggrieved party $10.00 for every $1.00 over $100.00.
(b) If by any device any tax receiver or tax commissioner intentionally causes a tax payer to pay more than his lawful tax, this Code section shall apply."
Section 7. Said chapter is further amended by striking Code Section 48-5-140, relating to the accountability of tax collectors and tax commissioners to the county governing au thority, and inserting in lieu thereof a new Code Section 48-5-140 to read as follows:
"48-5-140. (a) It shall be the duty of the county governing authority to compel the tax collector or tax commissioner to come before it at such times as may be designated by the governing authority, not less than twice in each year, to render annually to the county gov erning authority an account of his official actions respecting the county taxes and funds and to make a full and complete exhibit of his books, vouchers, accounts, and all things pertain ing to his office available for inspection by the county governing authority.
(b) (1) The failure or refusal of any tax collector or tax commissioner to render the account and make the showing required by subsection (a) of this Code section after being so notified by the governing authority of the county shall constitute malpractice in office. Con viction for such malpractice shall subject the offender to removal from office.
(2) Pending the continuance of the failure or refusal of the tax collector or tax commis sioner to render the account and make the showing after the notice by the governing author ity, the governing authority shall suspend the tax collector or tax commissioner from duty and ahall appoint a competent person in his stead an interim tax collector or tax commis sioner shall be appointed as provided in Code Section 48-5-211 to collect the county taxes during the suspension and until the question of removal can be passed upon and decided by the proper tribunal. Proper bonds as provided by law shall be taken from the person so appointed.
(3) The power given by this Code section to inquire into the affairs of the tax collector or tax commissioner and to suspend him from office in certain cases shall in no way affect

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the tax collector's or tax commissioner's own liability or that of the sureties of his official bond."
Section 8. Said chapter is further amended by striking subsection (d) of Code Section 48-5-491, relating to ad valorem taxation of mobile homes, and inserting in its place a new subsection (d) to read as follows:
"(d) The tax authorities of each county shall determine the tax due on each dealer mobile home at the same tax rate imposed on other mobile homes, which taxes shall be paid on or before April May 1 of the calendar year. Each mobile home return form shall then be marked 'returned for tax purposes' so that each mobile home may then be sold as if all ad valorem taxes had been paid for the current year pursuant to this article."
Section 9. Said chapter is further amended by striking Code Section 48-5-492, relating to the issuance of mobile home location permits, and inserting in its place a new Code Sec tion 48-5-492 to read as follows:
"48-5-492. (a) Each year every owner of a mobile home subject to taxation under this article shall obtain on or before April May 1 from the tax collector or tax commissioner of the county of taxation of the mobile home a mobile home location permit. The issuance of the permit by the tax collector or tax commissioner shall be evidenced by the issuance of a decal, the color of which shall be prescribed for each year by the commissioner. Each decal shall reflect the county of issuance and the calendar year for which the permit is issued. The decal shall be prominently attached and displayed on the mobile home by the owner. In all counties having a population of not leas than 68,000 nor more than 76,000 according to the United Statca decennial ccnsua of 1080 of any future such census, every owner of a mobile home shall obtain the permit provided for above on or before March 1.
(b) Each year every owner of a mobile home situated in this state on January 1 which is not subject to taxation under this article shall obtain on or before April May 1 from the tax collector or tax commissioner of the county where the mobile home is situated a mobile home location permit. The issuance of the permit shall be evidenced by the issuance of a decal which shall reflect the county of issuance and the calendar year for which the permit is issued. The decal shall be prominently attached and displayed on the mobile home by the owner."
Section 10. Said chapter is further amended by adding a new subsection at the end of Code Section 48-5-493, relating to failure to attach and display mobile home decals and the penalties related thereto, to be designated subsection (c) to read as follows:
"(c) Violation of subsection (a) or (b) of this Code section may be prosecuted in the magistrate court of the county where the mobile home location permit is to be issued in the manner prescribed for the enforcement of county ordinances set forth in Article 4 of Chap ter 10 of Title 15."
Section 11. Said chapter is further amended by striking Code Section 48-5-494, relating to the return of certain mobile homes for taxation, and inserting in its place a new Code Section 48-5-494 to read as follows:
"48-5-494. Each year every owner of a mobile home subject to taxation under this arti cle shall return the mobile home for taxation and shall pay the taxes due on the mobile home at the time the owner applies for the mobile home location permit, or at the time of the first sale or transfer of the mobile home after December 31, or on April May 1, which ever occurs first. If the owner returns his mobile home for taxation prior to the date that the application for the mobile home location permit is required, he shall apply for the permit at the time he returns the mobile home for taxation. Except as provided for mobile homes owned by a dealer, no mobile home location permit shall be issued by the tax collector or tax commissioner until all ad valorem taxes due on the mobile home have been paid. In all countica having a population of not leaa than 68,000 nor more than 76,000 according to the United States decennial census of 1080 or any future such ccnsua, the time for the return of mobile homca for taxation and for the payment of taxes thereon shall in no case be later than March 1."

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3383

Section 12. (a) Except as otherwise provided in subsection (b) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
(b) Sections 8, 9, and 11 of this Act shall become effective January 1, 1993, and shall be applicable to all taxable years beginning on or after that date.
Section 13. All laws and parts of laws in conflict with this Act are repealed.

Senator Ray of the 19th moved that the Senate agree to the House substitute to SB 617.

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

Those voting in the affirmative were Senators:

Albert Baldwin Bowen Burton Coleman CTDE-.coahlwloikinlsisns Egan
English
Foster Gillis
Hammill

Harris Hasty Henson Hooks Huggins JTKLo^aih-dnJndgJsfoonrd Marable
Perdue
Perry Pollard
Ragan of 10th

Ragan of 32nd Ray Scott Starr Steinberg Tr,,Tp,ahyolm,orpson Timmons
Turner
Tysinger Walker of 43rd
White

Those not voting were Senators:

Alien

Bishop

Broun of 46th

Brown of 26th

Clay

Deal

.

Dean Edge Garner (presiding) Hill Moye Newbill

Phillips Ramsey Robinson Shumake Tate Walker of 22nd

On the motion, the yeas were 38, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 617.

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

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.

Senator Dawkins of the 45th moved that the Senate adhere to the Senate amendment to the House substitute to SB 489, and that a Conference Committee be appointed.

On the motion, the yeas were 29, nays 0; the motion prevailed, and the Senate adhered to the Senate amendment to the House substitute to SB 489.

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The President appointed as a Conference Committee on the part of the Senate the following
Senators Dawkins of the 45th, Robinson of the 16th and Taylor of the 12th.

The following bill of the House was taken up for the purpose of considering the Confer ence Committee report thereon:

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.

The Conference Committee report on HB 277 was as follows:
The Committee of Conference on HB 277 recommends that the Senate recede from its position and that the attached Committee of Conference substitute to HB 277 be adopted.
Respectfully submitted,

FOR THE SENATE:
Is,/ Walter S. Ray Senator, 19th District
/s/ Wayne Garner Senator, 30th District
/s/ Culver Kidd Senator, 25th District

FOR THE HOUSE OF REPRESENTATIVES:
/a/ Denmark Groover Representative, 99th District
/s/ Henry Bostick Representative, 138th District
/s/ Ralph David Abernathy Representative, 39th District

Conference Committee substitute to HB 277:

A BILL
To be entitled an Act 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 the offense of criminal storage of a firearm; to provide for legislative findings and intent; to provide for a short title; to provide definitions; to provide penalties for keeping a loaded firearm within accessibility of a minor who obtains such firearm and causes death or bodily injury; to provide for exceptions; to provide for mitigating factors relative to prosecution; to require a specific warning when firearms are sold or transferred; to provide for related mat ters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to dangerous instrumentalities and practices, is amended by adding at the end thereof a new Part 5 to read as follows:
"Part 5
16-11-170. This part shall be known and may be cited as the 'Firearms Protection for Minors Act.'
16-11-171. (a) The General Assembly finds that a tragically large number of children in Georgia have been accidentally killed or seriously injured by negligently stored firearms. The General Assembly further finds that placing firearms within the reach or easy access of children is dangerously irresponsible, encourages such accidents, and should be prohibited.

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Therefore, it is the intent of the General Assembly to take legislative action that is neces sary to protect the safety of our children.
(b) It is the intent of the General Assembly that adult citizens of this state retain their constitutional right to keep and bear firearms for hunting and sporting activities, for de fense of self, family, home, and business, and as collectibles. Nothing in this part shall be construed to reduce or limit any existing right to purchase and own firearms or to provide authority to any state or local agency to infringe upon the privacy of any family, home, or business, except by lawful warrant.
16-11-172. As used in this part, the term:
(1) 'Loaded firearm' means a firearm in which there is an unexpended cartridge or shell, consisting of a case which holds a charge of powder and a bullet or shot, in or attached in any manner to the firearm, including but not limited to in the firing chamber, magazine, or clip attached to the firearm; except that a muzzleloader shall be deemed to be loaded when it is capped or primed and has a powder charge and ball or shot in the barrel or cylinder.
(2) 'Locked container' means a secure container which is fully enclosed and locked by a padlock, key, lock, combination lock, or similar locking device; such term shall include the locked utility or glove compartment of a motor vehicle.
(3) 'Locking device' means a device which temporarily prevents a firearm from func tioning including, but not limited to, a factory-installed safety mechanism or device.
(4) 'Minor' means any person under the age of 12 years.
16-11-173. Except as provided in Code Section 16-11-174, a person commits the offense of criminal storage of a firearm if he or she intentionally keeps any loaded firearm on any premise which is under his or her custody or control and he or she knows or that a minor is likely to gain access to the firearm without the permission of an adult and the minor obtains access to the firearm and thereby causes death or great bodily injury to himself, herself, or any other person. Violation of this subsection shall be punishable as a misdemeanor.
16-11-174. The provisions of Code Section 16-11-173 shall not apply whenever any of the following occur:
(1) The minor obtains the firearm as a result of an illegal entry to any premises by any person;
(2) The firearm is kept in a locked container or in a location which a reasonable person would believe to be secure;
(3) The firearm is carried on the person or within such a close proximity thereto so that the individual can readily retrieve and use the firearm as if carried on the person;
(4) The firearm is equipped with a locking device, which is properly engaged when ac cess thereto is gained by the minor;
(5) The person is a peace officer or a member of the armed forces or National Guard and the minor obtains the firearm during or incidental to the performance of the person's duties;
(6) The minor obtains or obtains and discharges the firearm in a lawful act of selfdefense or defense of another person or persons;
(7) A person who keeps a loaded firearm on any premise which is under his or her custody or control has no reasonable expectation, based on objective facts and circum stances, that a minor is likely to be present on the premise; and
(8) The firearm was obtained by the child from a place where there was no reasonable expectation, based on objective facts and circumstances, that a child would have access.
16-11-175. (a) If the person who allegedly violated Code Section 16-11-173 is the parent or guardian of a child who is injured or who dies as the result of an accidental shooting, the

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district attorney, solicitor or other prosecutor shall consider, among other factors, the im pact of the injury or death on the person alleged to have violated Code Section 16-11-173 when deciding whether to prosecute an alleged violation. It is the General Assembly's intent that a parent or guardian of a minor who is injured or who dies as the result of an accidental shooting shall be prosecuted only in those instances in which the parent or guardian be haved in a grossly negligent manner or where similarly egregious circumstances exist. This subsection shall not otherwise restrict, in any manner, the factors that a district attorney, solicitor or other prosecutor may consider when deciding whether to prosecute alleged viola tions of Code Section 16-11-173.
(b) If the person who allegedly violated Code Section 16-11-173 is the parent or guard ian of a minor who is injured or who dies as the result of an accidental shooting, no arrest of the person for the alleged violation of said Code section shall occur until at least seven days after the date upon which the accidental shooting occurred. In addition to the limitation contained in this subsection, a law enforcement officer shall consider the health status of a minor who suffers great bodily injury as the result of an accidental shooting prior to arrest ing a person for a violation of Code Section 16-11-173 if the person to be arrested is the parent or guardian of the injured minor. The intent of this subsection is to encourage law enforcement officials to delay the arrest of a parent or guardian of a seriously injured child while the child remains on life-support equipment or is in a similarly critical medical condition.
(c) (1) The fact that a person who allegedly violated Code Section 16-11-173 attended a firearm safety training course prior to the purchase of the firearm that is obtained by a minor in violation of said Code section shall be considered a mitigating factor by a district attorney, solicitor or other prosecutor when he or she is deciding whether to prosecute the alleged violation.
(2) In any action or trial commenced under this part, the fact that a person who alleg edly violated this part attended a firearm safety training course prior to the purchase of the firearm that is obtained by a minor in violation of this part shall be admissible.
16-11-176. (a) Upon the retail commercial sale or retail transfer of any firearm, the seller or transferor shall deliver a written warning to the purchaser or transferee, which warning shall state, in block letters not less than one-fourth inch in height:
'IF YOU LEAVE A LOADED FIREARM WITHIN THE REACH OR EASY ACCESS OF A MINOR, YOU MAY BE FINED OR IMPRISONED, OR BOTH, IF THE MINOR GAINS ACCESS TO AND IMPROPERLY USES THE FIREARM.'
(b) Any retail or wholesale store, shop, or sales outlet which sells firearms shall conspic uously post within the premises the following warning in block letters not less than three inches in height:
'IF YOU LEAVE A LOADED FIREARM WITHIN THE REACH OR EASY ACCESS OF A MINOR, YOU MAY BE FINED OR IMPRISONED, OR BOTH, IF THE MINOR GAINS ACCESS TO AND IMPROPERLY USES THE FIREARM.'"
Section 2. All laws and parts of laws in conflict with this Act are repealed.

Senator Kidd of the 25th moved that the Senate adopt the Conference Committee re port on HB 277.

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 Brown of 26th Burton Coleman

Collins Dawkins Dean Echols

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3387

Edge Egan English Foster
SiUiS ,, HHaamrrims ill
Hasty Henson Hooks
Huggins

Johnson Kidd Langford Marable
^Oyu-,, NPeerwdbuiell
Perry Pollard Ragan of 10th
Ragan of 32nd

Ramsey Scott Steinberg Thompson
Timmons ,,Turner
Tysmger Walker of 22nd Walker of 43rd
White

Those not voting were Senators:

Bishop Clay Deal Garner (presiding)

Hill Phillips Ray Robinson

Shumake Starr Tate Taylor

On the motion, the yeas were 44, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on HB 277.

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

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.

The House substitute to SB 598 was as follows:

A BILL
To be entitled an Act to amend Chapter 12 of Title 31 of the Official Code of Georgia Annotated, relating to hazardous conditions, preventable diseases, and metabolic disorders, so as to change certain provisions relative to the necessity of having a certain license in order to sell or dispense contact lenses; to provide certain restrictions relating to the selling or dispensing of the first set of contact lenses issued pursuant to a prescription; to provide that except with respect to certain professionals no replacement contact lenses may be sold or dispensed except pursuant to a prescription which meets certain requirements; to specify such requirements; to provide that certain persons and firms or corporations that dispense or sell contact lenses on the prescription of a practitioner shall provide certain information or services to the recipient of such contact lenses; to provide that a prescriber shall not be responsible for any damages or injury resulting from negligence in packaging, manufactur ing, or dispensing of the prescribed lenses; to provide that anyone who fills a prescription for contact lenses bears the responsibility for the accuracy of such contact lenses pursuant to certain standards; to prohibit changes or substitutions in the brand or type of lenses without the direction of a prescriber; to provide an exception with respect to a tint change; to prohibit certain activities relating to the selling or dispensing of replacement contact lenses; to provide that no person, other than persons licensed and regulated by Chapter 29, 30, or 34 of Title 43, shall sell, dispense, or serve as a conduit for the sale or dispensing of contact lenses to the ultimate user of such contact lenses in this state through the mail or any other means other than direct, in-person delivery to such ultimate user by such person

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after having personally ascertained by reliable means the identity of the deliveree; to pro vide for enforcement; to provide a penalty; 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 12 of Title 31 of the Official Code of Georgia Annotated, relating to hazardous conditions, preventable diseases, and metabolic disorders, is amended by striking in its entirety Code Section 31-12-12, relating to the prohibition against selling or dispens ing contact lenses without license, and inserting in lieu thereof a new Code Section 31-12-12 to read as follows:
"31-12-12. (a) No person shall sell, dispense, or serve as a conduit for the sale or dis pensing of contact lensca the first set of contact lenses issued pursuant to a prescription to the ultimate user of such contact lenses in this state, except persons licensed and regulated by Chapters Chapter 29, 30, or 34 of Title 43. Such lenses are deemed sold or dispensed within the state at the time the person for whom prescribed takes delivery.
(b) All replacement contact lenses used in the determination of a contact lens prescrip tion are considered to be diagnostic lenses.
(c) Except for replacement contact lenses sold or dispensed by persons licensed and regulated by and operating pursuant to Chapter 29, 30, or 34 of Title 43, no replacement contact lenses may be sold or dispensed except pursuant to a prescription which:
(1) Conforms to state and federal regulations governing such forms and includes the name, address, and state licensure number of a prescribing practitioner;
(2) Explicitly states an expiration date of not more than one year from the date of the last prescribing examination;
(3) Explicitly states that it is for contact lenses and indicates the lens brand name and typeTTncluding all specifications necessary for the ordering or fabrication of lenses; and
(4) Is kept on file by the person selling or dispensing the replacement contact lenses for at least 24 months after the prescription is fillecT
(d) Except for persons licensed and regulated by Chapter 29, 30, or 34 of Title 43, any person, firm, or corporation that dispenses or sells contact lenses on the prescription of a practitioner licensed in this state shall, at the time of delivery of the lenses, inform the recipient in writing that he or she should return to a prescriber to ascertain the accuracy and suitability of the prescribed lenses. The prescriber shall not be responsible for any dam ages or injury resulting from negligence in packaging or manufacturing of the prescribed lenses.
(e) Anyone who fills a prescription bears the full responsibility of the accuracy of the contact lenses provided under the prescription. At no time, without the direction of a pre scriber, shall any changes or substitutions be made in the brand or type of lenses the pre scription calls for with the exceptions of tint change if requested by the patient. However, if a prescription specifies 'only' a specific color or tinted lens, those instructions shall be observed^
(f) No person, other than persons licensed and regulated by Chapter 29, 30, or 34 of Title~43, shall sell, dispense, or serve as a conduit for the sale or dispensing of contact lenses to the ultimate user of such contact lenses in this state through the mail or any other means other than direct, in-person delivery to such ultimate user by such person after having per sonally ascertained by reliable means the identity of the deliveree.
(g) Any person who violates the provisions of subsection (a) or (c) of this Code section shall be guilty of a misdemeanor?
(h) Proceedings to enforce the provisions of this Code section may be brought by any boarcTcreated under Chapter 29, 30, or 34 of Title 43 or by any other interested person."

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3389

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 Edge of the 28th moved that the Senate agree to the House substitute to SB 598.

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 Brown of 26th Burton Coleman Collins Dawkins Dean Echols Edge Egan English

Foster Gillis Hammill Harris Hasty Hooks Huggins Johnson Kidd Langford Marable Newbill Perdue Perry Pollard

Ragan of 10th Ragan of 32nd Ramsey Robinson Starr Steinberg Tate Taylor Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White

Voting in the negative was Senator Henson.

Those not voting were Senators:

Bishop Clay Deal Garner (presiding)

Hill Moye Phillips

Ray Scott Shumake

On the motion, the yeas were 45, nays 1; the motion prevailed, and the Senate agreed to the House substitute to SB 598.

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

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.
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

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JOURNAL OF THE SENATE

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 Newbill Perdue Perry Pollard Ragan of 10th

Ragan of 32nd Ramsey Ray Scott Starr Steinberg Tate Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White

Those not voting were Senators:

Clay Edge Garner (presiding)

Moye Phillips Robinson

Shumake Taylor

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

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

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.
Senate Sponsor: Senator Turner of the 8th.

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 William J. Dover

State Representative

FROM:

G. W. Hogan, State Auditor Henry M. Huckaby, Director, Office of Planning and Budget

DATE:

February 19, 1992

SUBJECT: Fiscal Note - House Bill 1562 (LC 18 4741) State Board of Equalization

This Bill would clarify existing provisions relating to the date that interest would ac crue on appeals of public utility property assessments. The Bill specifically identifies that any assessments that were disputed, but determined to be owed following the conclusion of an appeal, would be charged interest from the date the taxes were originally due (had it not been appealed) to the date of remittance. The Bill would also clarify provisions requiring the commissioner to notify taxpayers of the proposed assessment.

This Bill would have no fiscal impact on state revenues since it only clarifies existing provisions.

TUESDAY, MARCH 31, 1992

3391

/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:

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 Henson Hill Huggins
Johnson Kidd Langford Marable
Newbill Perdue Perry

Pollard Ragan of 10th Ragan of 32nd Ramsey
, Stemberg late Taylor Thompson Timmons Turner Tysinger Walker of 43rd

Those not voting were Senators:

Clay Garner (presiding) Hooks

Moye Phillips Robinson

Shumake Walker of 22nd White

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

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

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

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.

Senator Scott of the 36th moved that the Senate adhere to its disagreement to the House substitute to SB 155, and that a Conference Committee be appointed.

On the motion, the yeas were 41, nays 0; the motion prevailed, and the Senate adhered to its disagreement to the House substitute to SB 155.

The President appointed as a Conference Committee on the part of the Senate the following:
Senators Scott of the 36th, Bishop of the 15th and Walker of the 43rd.

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JOURNAL OF THE SENATE

The President resumed the Chair.
The following bill of the House was taken up for the purpose of considering the House action thereon:
HB 2151. By Representatives Williams of the 48th, Tolbert of the 58th, Sherrill of the 47th and others:
A bill to provide a homestead exemption from certain DeKalb County School District ad valorem taxes for educational purposes on the full value of the home stead after a five-year phase in period for certain residents of that school district who are 70 years of age or over and who have annual incomes not exceeding $50,000.00.
Senator Tysinger of the 41st moved that the Senate recede from the Senate amendment to HB 2151.
On the motion, a roll call was taken, and the vote was as follows:
Those voting in the affirmative were Senators:

Albert Alien Baldwin
BishP
Bowen Broun of 46th Brown of 26th BQuaryton Coleman Coiimg Deal Dean Echols

Edge Egan Foster
Garner
Gillis Hammm ,, H"aasTMty Huggins Johnson Langford Marable Moye

Those voting in the negative were Senators:

Newbill Perdue Perry
Phillips
Ragan of 32nd Ram ,, ,, SScteomtt,berg Tate Thompson Timmons Turner Tysinger

Dawkins Henson Kidd

Pollard Ray Starr

Those not voting were Senators:

Walker of 43rd White

English Hill Hooks

Ragan of 10th Robinson Shumake

Taylor Walker of 22nd

On the motion, the yeas were 40, nays 8; the motion prevailed, and the Senate receded from the Senate amendment to HB 2151.

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3393

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

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.
Senate Sponsor: Senator Hammill of the 3rd.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Alien Baldwin
BishP Bowen Broun of 46th Brown of 26th
BQ,urton Coleman Collins Dawkins Deal Dean Echols Edge

Egan Foster Garner Gillis Hammill HarrU
H__, enson Huggins Johnson Kidd Langford Marable Newbill Perdue

Perry Phillips Pollard
Ragan of 10th Ragan of 32nd R R
SCcMot.t Starr Tate Taylor Thompson Timmons Turner Walker of 22nd

Those not voting were Senators:

English Hill Hooks Moye

Robinson Shumake Steinberg

Tysinger Walker of 43rd White

On the adoption of the resolution, the yeas were 46, nays 0.

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

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.

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

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JOURNAL OF THE SENATE

Bishop Bowen Broun of 46th Brown of 26th Burton Clay Coleman Collins Dawkins Deal Dean Echols Edge Foster Gillis

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 Tate Taylor Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd

Those not voting were Senators:

Egan English Garner

Hammill Hooks Shumake

Steinberg White

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

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

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.

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

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 House adheres to its position in insisting on its substitute, and has appointed a

TUESDAY, MARCH 31, 1992

3395

Committee of Conference to confer with a like committee on the part of the Senate on the following bill of the Senate:
SB 410. By Senators Johnson of the 47th, Deal of the 49th, Garner of the 30th and others: A bill to amend Part 1 of Article 4 of Chapter 12 of Title 45 of the Official Code of Georgia Annotated, relating to management of budgetary and financial affairs, so as to require the submission of certain five-year strategic plans by each budget unit in conjunction with budget estimates.
The Speaker has appointed on the part of the House, Representatives Walker of the 115th, Coleman of the 118th and Jackson of the 9th.
The House has disagreed to the Senate amendment to the following bill of the House:
HB 586. By Representatives Alford of the 57th, Oliver of the 53rd and Dover of the llth: A bill to amend an Act approved March 16, 1971, and an Act approved April 16, 1979, relating to the Metropolitan Atlanta Rapid Transit Authority and the Met ropolitan Atlanta Rapid Transit System, so as to repeal provisions prohibiting appropriations by the State of Georgia to the Metropolitan Atlanta Rapid Transit Authority and certain legislative statements of intent.
The House insists on its position in substituting the following bill of the Senate:
SB 505. By Senators Broun of the 46th, Bowen of the 13th and Foster of the 50th: 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 House has agreed to the Senate amendment, to the House substitute, to the follow ing bill of the Senate:
SB 523. By Senators Gillis of the 20th, Deal of the 49th and Garner of the 30th: 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 House has agreed to the Senate substitute, as amended by the House, to the fol lowing bill of the House:
HB 2143. By Representative Morsberger of the 62nd: A bill to amend an Act creating a new charter for the City of Lilburn, so as to change the corporate limits of the city.
The House has passed, by substitute, by the requisite constitutional majority the fol lowing 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

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JOURNAL OF THE SENATE

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

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.

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 Brown of 26th
Burtn CC", oo,llyleimnsan Dawkins Dean Echols Edge Egan English

Gillis Hammill Harris Hasty Henson
Huggins LK, aidngdf,.ord, Marable Move Newbill Perdue Perry Phillips

Pollard Ragan of 10th Ragan of 32nd Ramsey Ray
Robinson SS,,,ctaortrt Tat* Taylor Thompson Timmons Turner Tysinger

Those voting in the negative were Senators:

Albert

Johnson

White

Those not voting were Senators:

Broun of 46th Deal (excused conferee) Foster Garner (excused conferee)

Hill Hooks Shumake

Steinberg Walker of 22nd Walker of 43rd

On the adoption of the resolution, the yeas were 43, nays 3.

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

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

HR 1010. By Representative Holland of the 136th: A resolution designating the Scooterville Highway. Senate Sponsor: Senator Coleman of the 1st.

TUESDAY, MARCH 31, 1992

3397

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 BishP Bowen Broun of 46th Brown of 26th BTMurton
ColLan Collins
Dawkins Deai Dean Echols Edge

Egan English Foster Garner Gillis Harrig
H,,ensJon
Hil1 Huggins Kidd Langford Marable Moye Newbill

Perdue Perry Phillips Pollard Ragan of 32nd Ra
S,,.taJrr
Steinber* Tate Tavlor Timmons Turner Tysinger White

Those not voting were Senators:

Hammill Hooks Johnson Ragan of 10th

Robinson Scott Shumake

Thompson 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 1029. By Representative Oliver of the 121st: A resolution designating Coleman's Bridge. Senate Sponsor: Senator Hill of the 4th.

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 Gillis Hammill Harris

Hasty Henson Hill Hooks Huggins Kidd Marable Moye Newbill Perdue Perry

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JOURNAL OF THE SENATE

Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey

Ray Robinson Scott Starr Steinberg

Tate Timmons Turner Tysinger White

Those not voting were Senators:

Garner (excused conferee) Shumake

Johnson (excused conferee) Taylor

Langford

Thompson

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.

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

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.

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
B^ruo,rwtonn of 26th CCoollleimnsan Dawkins
Deal Dean Echols Edge Egan English

Foster Gillis Hammill Harris Hasty Henson
fHfiouoks ,,Huggm. s Johnson
Kidd Marable Moye Newbill Perdue Perry

Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray
RScoobtitnson 0St, arr Steinberg
Tate Thompson Timmons Turner Tysinger White

Those not voting were Senators:

Clay Garner Langford

Shumake Taylor

Walker of 22nd Walker of 43rd

On the adoption of the resolution, the yeas were 49, nays 0.

TUESDAY, MARCH 31, 1992

3399

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

Senator Newbill of the 56th introduced Senators Phillips of the 9th, Albert of the 23rd and Collins of the 17th, who were recognized and commended by SR 600, SR 601 and SR 602 respectively, adopted previously today, and each Senator briefly addressed the Senate.

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

Mr. President:

The House adheres to its position in insisting on its substitute, and has appointed a Committee of Conference to confer with a like committee on the part of the Senate on the following bill of the Senate:

SB 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.

The Speaker has appointed on the part of the House, Representatives Parham of the 105th, Groover of the 99th and Porter of the 119th.

The following resolution of the House was taken up for the purpose of considering the Conference Committee report thereon:

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.

The Conference Committee report on HR 715 was as follows:
The Committee of Conference on HR 715 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference substitute to HR 715 be adopted.
Respectfully submitted,

FOR THE SENATE:
M Arthur B. Edge IV Senator, District 28
/s/ Sonny Perdue Senator, District 18
/s/ W. F. Harris Senator, District 27

FOR THE HOUSE OF REPRESENTATIVES:
/a/ Charlie Watts Representative, District 41
Is/ Roy H. Watson, Jr. Representative, District 114
/s/ Thomas B. Buck Representative, District 95

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JOURNAL OF THE SENATE

Conference Committee substitute to HR 715:

A RESOLUTION

Proposing an amendment to the Constitution so as to provide that heavy-duty equip ment motor vehicles owned by nonresidents and operated in this state may be classified as a separate class of property for ad valorem property tax purposes and different rates, meth ods, and assessment dates may be provided for such motor vehicles; to authorize the Gen eral Assembly to provide by general law for the ad valorem taxation of motor vehicles; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. Article VII, Section I, Paragraph III of the Constitution is amended by strik ing subparagraphs (a) and (b) in their entirety and inserting in lieu thereof new subparagraphs (a) and (b) to read as follows:

"(a) All taxes shall be levied and collected under general laws and for public purposes only. Except as otherwise provided in subparagraphs (b), (c), (d), and (e), all taxation shall be uniform upon the same class of subjects within the territorial limits of the authority levying the tax.

(b) (1) Except as otherwise provided in this subparagraph (b), classes of subjects for taxation of property shall consist of tangible property and one or more classes of intangible personal property including money.

(2) Subject to the conditions and limitations specified by law, each of the following types of property 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 properties:

(A) Motor vchiclca, including trailers Trailers.

(B) Mobile homes other than those mobile homes which qualify the owner of the home for a homestead exemption from ad valorem taxation.

(C) Heavy-duty equipment motor vehicles owned by nonresidents and operated in this stateT

(3) Motor vehicles may be classified as a separate class of property for ad valorem prop erty "tax purposes, and such class may be divided into separate subclasses for ad valorem purposes. The General Assembly may provide by general law for the ad valorem taxation of motor vehicles including, but not limited to, providing for different rates, methods, assess ment dates, and taxpayer liability for such class and for each of its subclasses and need not provide for uniformity of taxation with other classes of property or between or within its subclasses. The General Assembly may also determine what portion of any ad valorem tax on motor vehicles shall be retained by the state. As used in this subparagraph, the term 'motor vehicles' means all vehicles which are self-propelled."

Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution.

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

"[ ] YES [ ] NO

Shall the Constitution be amended so as to provide that heavy-duty equip ment motor vehicles owned by nonresidents and operated in this state may be classified as a separate class of property for ad valorem property tax pur poses and different rates, methods, and assessment dates may be provided for such motor vehicles and to authorize the General Assembly to provide by general law for the ad valorem taxation of motor vehicles?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote

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3401

""YNeos."." All persons desiring to vote against ratifying the proposed amendment shall vote
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

Senator Edge of the 28th moved that the Senate adopt the Conference Committee re port on HR 715.

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

Those voting in the affirmative were Senators:

Albert Alien Baldwin BishP
Bowen Broun of 46th
BBnruorwtonn of 26th Coleman Dawkins Dean Echols Edge Egan English

Foster Gillis Hammill Hasty
Henson Hm
H,,Houogkggms K;dd Langford Marable Newbill Perdue Perry Phillips

Ragan of 10th Ragan of 32nd Ramsey Ray
Robinson Scott
g,,Ttaatrer Taylor Thompson Turner Tysinger Walker of 22nd Walker of 43rd White

Those not voting were Senators:

Collins Deal (excused conferee) Garner (excused conferee) Harris

Johnson (excused conferee) Moye Pollard

Shumake Steinberg Timmons

On the motion, the yeas were 46, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on HR 715.

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

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.

The House amendment was as follows:

Amend the Senate amendment to HB 1399 by striking in their entireties lines 6 through 25 of page 1.

Senator Hill of the 4th moved that the Senate agree to the House amendment to the Senate amendment to HB 1399.

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JOURNAL OF THE SENATE

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

Those voting in the affirmative were Senators:

Alien Baldwin Bishop Bowen Broun of 46th Burton Clay Coleman Dawkins Dean Echols Egan Foster Gillis

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

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

Those not voting were Senators:

Albert Brown of 26th Collins Deal (excused conferee) Edge

English Garner (excused conferee) Harris Johnson (excused conferee) Moye

Shumake Steinberg Timmons Walker of 22nd

On the motion, the yeas were 42, nays 0; the motion prevailed, and the Senate agreed to the House amendment to the Senate amendment to HB 1399.

The following bill of the House was taken up for the purpose of considering the Confer ence Committee report thereon:

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.

The Conference Committee report on HB 1693 was as follows:
The Committee of Conference on HB 1693 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference substitute to HB 1693 be adopted.
Respectfully submitted,

FOR THE SENATE:
/s/ R. Joseph Hammill Senator, 3rd District
/s/ Wayne Garner Senator, 30th District
/s/ Tom Ramsey Senator, 54th District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Thomas B. Buck, III Representative, 95th District
/s/ Thomas M. Kilgore Representative, 42nd District
/s/ Larry Parrish Representative, 109th District

TUESDAY, MARCH 31, 1992

3403

Conference Committee substitute to HB 1693:

A BILL
To be entitled an Act to amend Code Section 20-3-250.3 of the Official Code of Georgia Annotated, 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 proprietary colleges and universities and certain nonpublic institutes of paper science and technology from provisions relating to nonpublic postsecondary educa tional institutions; 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 20-3-250.3 of the Official Code of Georgia Annotated, relating to educational institutions which are exempt from the provisions of Part 1A of Article 7 of Chapter 3 of Title 20, is amended by striking paragraphs (13) and (14) of subsection (a) of said Code section and inserting in lieu thereof new paragraphs (13), (14), (15), and (16) to read as follows:
"(13) Any institution offering only education or training in income tax theory or income tax return preparation when the total contract price for such education or training does not exceed $400.00, provided that the total charges incurred by any student for all instruction, other than instruction which is solely avocational or recreational in nature as provided in paragraph (3) of this subsection, do not exceed $400.00 in any one calendar year; and
(14) Any nonpublic medical school accredited by the Liaison Committee on Medical Education and the Southern Association of Colleges and Sehoola. a national or regional ac crediting agency recognized by the United States Department of Education;
(15) Any college or university that confers both associate and baccalaureate and higher degrees, that is accredited by the Southern Association of Colleges and Schools, College Division, that is operated in a proprietary status, that will post a $200,000.00 performance bond, and that contributes to any Georgia state student recovery fund on the same basis as any other proprietary participating college or school will be exempt from all other provisions of this part; an3
(16) Any nonpublic institute of paper science and technology offering graduate degrees and which is allied with a public research university and accredited by a national or regional accrediting agency recognized by the United States Department of Education?7
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 Hammill of the 3rd moved that the Senate adopt the Conference Committee report on HB 1693.

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

Those voting in the affirmative were Senators:

Alien Baldwin Bishop Bowen Broun of 46th Brown of 26th Burton Clay Coleman

Dawkins Dean Echols Egan English Foster Gillis Hammill Hasty

Henson Huggins Langford Marable Moye Newbill Perdue Perry Phillips

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JOURNAL OF THE SENATE

Pollard Ragan of 32nd Ramsey

Starr Tate Taylor

Turner Tysinger Walker of 43rd

Those not voting were Senators:

Albert Collins DEdegale (excused conferee)

Hooks Johnson (excused conferee) RKaidgdan of 10th

Garner (excused conferee) Ray

Harris

Robinson

Hill

Scott

Shumake Steinberg Tinhonmmpnssnonn
limmons Walker of 22nd White

On the motion, the yeas were 36, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on HB 1693.

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

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 licenses 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.

Senator Broun of the 46th moved that the Senate adhere to its disagreement to the House substitute to SB 505, and that a Conference Committee be appointed.

On the motion, the yeas were 34, nays 0; the motion prevailed, and the Senate adhered to its disagreement to the House substitute to SB 505.

The President appointed as a Conference Committee on the part of the Senate the following:
Senators Broun of the 46th, Deal of the 49th and Hill of the 4th.

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

HB 2143. By Representative Morsberger of the 62nd:
A bill to amend an Act creating a new charter for the City of Lilburn, so as to change the corporate limits of the city.

The House amendment was as follows:

Amend the Senate substitute to HB 2143 by striking lines 15 through 24 of page 2.

Senator Phillips of the 9th moved that the Senate disagree to the House amendment to the Senate substitute to HB 2143.

On the motion, the yeas were 34, nays 0; the motion prevailed, and the Senate disagreed to the House amendment to the Senate substitute to HB 2143.

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3405

The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has passed, as amended, by the requisite constitutional majority the follow ing bill of the Senate:
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 House has rejected the report of the Committee of Conference on 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 House has passed, by substitute, by the requisite constitutional majority the fol lowing bills of the Senate:
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.
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.
The House has passed, as amended, by the requisite constitutional majority the follow ing bills of the Senate:
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.

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SB 831. By Senators Steinberg of the 42nd, Garner of the 30th and Bishop of the 15th:
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.

The following bill of the House was taken up for the purpose of considering the Confer ence Committee report thereon:

HB 1482. By Representatives Thomas of the 69th, Kilgore of the 42nd, 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 exceptions; to provide for notice and a public hearing regarding a reorganization or consolida tion plan.

The Conference Committee report on HB 1482 was as follows:
The Committee of Conference on HB 1482 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference substitute to HB 1482 be adopted.
Respectfully submitted,

FOR THE SENATE:
/s/ Harrill L. Dawkins Senator, 45th District
Is/ Mark Taylor Senator, 12th District
/s/ Pete Robinson Senator, 16th District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Thomas M. Kilgore Representative, 42nd District
/s/ Suzi Herbert Representative, 76th District
/s/ DuBose Porter Representative, 119th District

Conference Committee substitute to HB 1482:

A BILL
To be entitled an Act to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary, secondary, and adult education, so as to 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; to provide that the Professional Stan dards Commission may make certain recommendations; to provide that the Governor shall select the chairman of the Professional Standards Commission; to provide that the members of such commission shall receive certain reimbursement of expenses; to provide that the members of such commission shall appoint an executive secretary; 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 2 of Title 20 of the Official Code of Georgia Annotated, relating to

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3407

elementary, secondary, and adult education, is amended by striking in its entirety para graph (1) of subsection (d) of Code Section 20-2-200, relating to the certification and classi fication of certain professional personnel employed in the public schools and inserting in lieu thereof the following:
"(1) Is the holder of a master's degree in education in a teaching field or higher level degree from a regionally accredited college or university in a subject area field corresponding to an appropriate subject area certification classification established pursuant to subsection (a) of this Code section;".
Section 2. Said chapter is further amended by striking in its entirety subsection (a) of Code Section 20-2-201, relating to specific course requirements for teachers and other per sons, and inserting in lieu thereof the following:
"(a) Any person certified as a teacher, principal, or guidance counselor pursuant to Code Section 20-2-200 shall have satisfactorily through the use of objective criteria com pleted a course coursework of five or more quarters hours approved by the Professional Standards Commission, in the identification and education of children who have special educational needs or shall have satisfactorily completed an equivalent preparation in a staff development program designed for this purpose, provided such staff development program shall have received prior approval of the commission for that purpose. As used in this sub section, 'children who have special educational needs' is defined as auch children as defined by Code Section 20-2-162 gifted children and children who receive educational services under an Individualized Education Plan. Teachers, principals and guidance counselors who have satisfactorily completed courses coursework in other states at least comparable with the requirements of this Code section may be approved certified by the Professional Stan dards Commission. Those teachers, principals, and guidance counselors of other states, those applicants completing noneducation programs who are otherwise eligible for provi sional certification in Georgia, and those teachers with lapsed Georgia teaching certificates who are otherwise eligible for emergency certificates who would be employed and certified in Georgia schools but lack the requirements of this subsection shall have a period of one year from date of employment time not to exceed two years from the date of employment to obtain the prescribed training. Tcachcra holding valid Georgia teaching ccrtificatea shall have until their rcccrtification date to comply with the requirements of this subsection. Any person taking the course under this Code section shall receive appropriate credit toward certification and salary increases."
Section 3. Said chapter is further amended by striking in its entirety Code Section 20-2215, relating to the "in loco parentis" status of aides and professionals, and inserting in lieu thereof the following:
"20-2-215. Classroom aides and paraprofessionals shall have, while performing assigned duties, the authority of 'in loco parentis,' except for the administration of corporal punish ment; provided, however, that such aides and paraprofessionals have at least the minimal training or experience, or both, prescribed by the State Board of Education Professional Standards Commission to have such authority and that such aides and paraprofessionals are under direct supervision of classroom teachers or other certificated professional personnel on a daily basis. Such aides and paraprofessionals shall have such authority both when the classroom teachers are present and when they are absent for justifiable purposes. Such pur poses shall include planned release time and such activities as accompanying selected stu dents to other locations or sites, instructing individual students or small groups at a location away from the classroom, meeting with parents and guardians, planning instructional pro grams or lessons, participating in staff development activities, and other such education ac tivities related to classroom instruction. The state board Professional Standards Commis sion shall have the authority to prescribe such requirements and standards as it deems necessary for the effective implementation of this Code section."
Section 4. Said chapter is further amended by striking in its entirety subsection (a) of

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Code Section 20-2-983, relating to creation of the Professional Standards Commission and related matters, and inserting in lieu thereof the following:
"(a) The Professional Standards Commission existing June 30, 1991, is abolished and the term of office of the members of such abolished commission shall expire July 1, 1991. A new Professional Standards Commission is created and attached to the Office of Planning and Budget for administrative purposes only. The commission shall consist of 18 members to be appointed by the Governor, subject to the provisions of subsections (b) and (c) of this Code section. The term of office of members of the commission shall be three years; except the initial appointments shall begin July 1, 1991, and shall be: six for one year, six for two years, and six for three years. A member may be reappointed to the commission only one time. Vacancies shall be filled for unexpired terms in the same manner as the original ap pointments. If a member for any reason discontinues employment or service in the category from which he or she was appointed, that person is no longer may not be eligible to serve on for reappointment to the commission as a representative of that category. If a member elects to take employment outside the State of Georgia, that person is no longer eligible to serve on the commission. The Governor may remove any member from the commission for misconduct or malfeasance in office, incapacity, or neglect of duty. All members of the com mission are to be confirmed by the Senate. Any appointment made by the Governor when the Senate is not in session shall be effective until the appointment is acted upon by the Senate."
Section 5. Said chapter is further amended by striking in its entirety subsection (d) of Code Section 20-2-984, relating to the Professional Standards Commission and related mat ters, and inserting in lieu thereof the following:
"(d) The commission shall not make any recommendations relating to or have authority over the compensation, benefits, or working conditions of educational personnel in the pub lic schools of Georgia; provided, however, that the commission shall have the authority to make recommendations to the State Board of Education regarding compensation as it re lates to certification."
Section 6. Said chapter is further amended by striking in its entirety subsection (a) of Code Section 20-2-985, relating to the Professional Standards Commission and related mat ters, and inserting in lieu thereof the following:
"(a) The commission Governor shall annually select a chairman from its the member ship a chairman and vice chairman by ballet of the commission. Meetings shaTTbe held at the call of the chairman or upon the request in writing of a majority of the commission. A majority of such quorum shall have authority to act upon any matter properly brought before the commission."
Section 7. Said chapter is further amended by striking in its entirety Code Section 20-2986, relating to the Professional Standards Commission and related matters, and inserting in lieu thereof the following:
"20-2-986. Members of the commission shall receive no compensation for their services but shall, upon approval by the chairman, be reimbursed for their actual and necessary expenses incurred in the performance of official commission business, but such expenses ahull not exceed $60.00 per day and mileage at the same rate as atatc officials and employees as provided by Code Section 45-7-20. No member of the commission, with the exception of members of the executive committee of the commission, shall be reimbursed from any pub lic funds for such expenses for more than 20 days during each calendar year, except that there shall be no limitation on the number of meeting days for one year after July 1, 1991. A member of the commission who is an employee of an agency of the state, or any of its political subdivisions, including school systems, shall be permitted to attend commission meetings and perform other commission duties without loss of income or other benefits. An agency of Georgia, or any of its political subdivisions, including school systems, which em ploys a member of the commission and employs a person to replace such member during the

TUESDAY, MARCH 31, 1992

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member's performance of commission duties or incurs other additional expenses as a result of such performance shall be reimbursed for the actual amount of any costs so incurred."
Section 8. Said chapter is further amended by striking in its entirety subsection (a) of Code Section 20-2-987, relating to the executive secretary of the Professional Standards Commission and related matters, and inserting in lieu thereof the following:
"(a) The Governor commission shall appoint an executive secretary to the commission who shall serve as the secretary and executive officer of the commission. Such executive secretary shall be compensated in an amount fixed by the Governor; provided, however, such compensation shall not exceed the annual compensation of the State Supcrintncdcnt of Schools. The executive secretary shall have the authority to employ such professional and clerical personnel as may be necessary to carry out the duties and responsibilities of the commission, subject to approval by the commission. Personnel of the Department of Educa tion may be utilized by the commission subject to the approval of the State School Superintendent."
Section 9. All laws and parts of laws in conflict with this Act are repealed.

Senator Dawkins of the 45th moved that the Senate adopt the Conference Committee report on HB 1482.

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

Those voting in the affirmative were Senators:

Albert Alien Bishop Bowen Broun of 46th Brown of 26th Burton Clay Coleman Collins Dawkins Dean Echols Egan

English Foster Gillis Hammill Hasty Henson Huggins Marable Moye Newbill Perdue Perry Phillips Pollard

Ragan of 10th Ragan of 32nd Ramsey Ray Starr Taylor Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White

Those not voting were Senators:

Baldwin Deal (excused conferee) Edge Garner (excused conferee) Harris

Hill Hooks Johnson (excused conferee) Kidd Langford

Robinson Scott Shumake Steinberg Tate

On the motion, the yeas were 41, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on HB 1482.

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

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

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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 House amendment was as follows:

Amend the Senate substitute to HB 494 by striking from lines 27 through 29 of page 1 and lines 1 and 2 of page 2 the following:
"to amend Chapter 48 of Title 43 of the Official Code of Georgia Annotated, 'The Used Motor Vehicle Dismantlers, Rebuilders, and Salvage Dealers Registration Act,' so as to change certain definitions; to impose certain requirements on licensees;".
By striking lines 12 through 32 of page 11, page 12, and page 13 and lines 1 through 20 of page 14 in their entirety and inserting in lieu thereof the following:
"Section 4. Reserved.".
By striking from lines 6 and 7 of page 15 the words "which read as follows" and in serting in lieu thereof the following:
"in its entirety and inserting in lieu thereof the following".
By striking line 28 of page 15 in its entirety and inserting in lieu thereof the following:
"total loss claim. Prior to payment of such claim, the insurance company shall inform the owner of the vehicle, in writing, on a form prescribed by the commissioner, of all title and registration obligations attendant to retaining such vehicle.".
By striking lines 29 through 32 of page 15 and page 16 and lines 1 through 19 of page 17 in their entirety.
By striking lines 15 through 33 of page 24 and pages 25 through 27 and lines 1 through 14 of page 28 in their entirety and inserting in lieu thereof the following:
"Section 11. Reserved.".
By striking line 26 of page 29 in its entirety and inserting in lieu thereof the following:
"Section 13. Sections 2.1, 5, 6, and 8".

Senator Taylor of the 12th moved that the Senate agree to the House amendment to the Senate substitute to HB 494.

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

Those voting in the affirmative were Senators:

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

Gillis Hammill Hasty Henson Huggins Johnson Langford Marable Moye Newbill Perdue Perry Phillips Pollard

Ragan of 10th Ragan of 32nd Ramsey Ray Scott Starr Taylor Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White

TUESDAY, MARCH 31, 1992

3411

Those not voting were Senators:

Broun of 46th Brown of 26th Coleman Deal (excused conferee) Edge

Garner (excused conferee) Harris Hill Hooks Kidd

Robinson Shumake
. btemberg Tate

On the motion, the yeas were 42, nays 0; the motion prevailed, and the Senate agreed to the House amendment to the Senate substitute to HB 494.

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

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 Official Code of Georgia Annotated or other laws; to provide an effective date.

The House amendment was as follows:

Amend SB 520 by adding following the word and symbol "laws;" on line 8 of page 1 the following:
"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 inspections; 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 eu thanasia of certain equines; to provide for the disposition of funds; to provide for enforce ment; to provide for injunctions and restraining orders; to provide for practices and proce dures; to provide for rules and regulations; to provide for penalties;".
By redesignating Sections 2 and 3 as Sections 3 and 4, respectively.
By adding following line 20 of page 2 a new Section 2 to read as follows:
"Section 2. Title 4 of the Official Code of Georgia Annotated, relating to animals, is amended by adding at the end thereof a new Chapter 13 to read as follows:
'CHAPTER 13
4-13-1. This chapter shall be known and may be cited as the "Humane Care for Equines Act."
4-13-2. As used in this chapter, the term:
(1) "Adequate food and water" means food and water which is sufficient in amount and appropriate for the particular type of equine to prevent starvation, dehydration, or a signifi cant risk to the equine's health from a lack of food or water.
(2) "Equine" means any member of the Equidae species, including horses, mules, and asses.
(3) "Humane care" means, but is not limited to, the provision of adequate food and water consistent with the normal requirements and feeding habits of the equine's size, spe cies, and breed.

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(4) "Owner" means any person owning, having possession or custody of, or in charge of an equine.
(5) "Person" means any person, firm, corporation, partnership, association, or other le gal entity; any public or private institution; the State of Georgia; or any county, municipal corporation, or political subdivision of the state.
4-13-3. It shall be unlawful for the owner of any equine:
(1) To commit a violation of Code Section 16-12-4, relating to cruelty to animals, which involves an equine owned by, possessed by, or in the custody or control of such person;
(2) To fail to provide adequate food and water to such equine;
(3) To fail to provide humane care for such equine;
(4) To unnecessarily overload, overdrive, torment, or beat any equine or to cause the death of any equine in a cruel or inhumane manner; or
(5) To interfere with or hinder the Commissioner or his designated agent or any sheriff, deputy sheriff, or other law enforcement officer in carrying out his duties under this chapter.
4-13-4. (a) At any time there is cause to believe that a violation of Code Section 4-13-3 has occurred, the Commissioner of Agriculture or his designated agent may apply to the appropriate court in the county in which the equine is located for an inspection warrant under the provisions of Code Section 2-2-11 or any sheriff, deputy sheriff, or other law en forcement officer may apply for a search warrant for the purpose of inspecting any equine found on such property to determine if a violation of Code Section 4-13-3 has occurred.
(b) The Commissioner or his designated agent or any sheriff, deputy sheriff, or other law enforcement officer is authorized to impound any equine which has not been furnished with adequate food and water, which has not received humane care, or which has been sub jected to cruelty in violation of Code Section 4-13-3. Such determination as to the condition or treatment of the equine shall be made by a licensed veterinarian employed by the state or federal government following an examination conducted at the request of the Commissioner or his designated agent or any sheriff, deputy sheriff, or other law enforcement officer.
4-13-5. (a) It shall be the duty of any person designated for impounding an equine under Code Section 4-13-4 to make reasonable and proper arrangements to provide the im pounded equine with adequate and necessary shelter, food, water, veterinary services, and humane care and to take such actions as to ensure the survival of the equine or the humane euthanasia of the equine and disposal thereof if such actions are necessary. Such arrange ments may include, but shall not be limited to, providing shelter and care for the equine at any state, federal, county, municipal, or governmental facility or shelter, contracting with a private individual, partnership, corporation, association, or other entity to provide shelter, food, water, veterinary services, and humane care for a reasonable fee, or allowing a private individual, partnership, corporation, association, or other entity to provide shelter, food, water, veterinary services, and humane care as a volunteer and at no cost. Any person im pounding an equine under this chapter or providing care for an impounded equine shall have a lien on such equine for the reasonable costs of caring for such equine.
(b) The lien acquired under subsection (a) of this Code section may be foreclosed in any court which is competent to hear civil cases, including, but not limited to, magistrate courts. Liens shall be foreclosed in magistrate courts only when the amount of the lien does not exceed the jurisdictional limits established by law for such courts.
(c) Any person impounding an equine under this chapter is authorized to return the equine to its owner upon payment by the owner of all costs of impoundment and care and upon the entry of a consent order or receiving written assurances:
(1) That such equine will be given humane care, adequate food and water, adequate shelter, and veterinary services;
(2) That such equine will not be subjected to cruelty; and

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3413

(3) That the owner will comply with this chapter.
4-13-6. It shall be the duty of any person impounding an equine under this chapter to notify the owner of such equine immediately upon impoundment. Such notice shall state the name and address of the person impounding the equine, the location where the equine is being held, and a description of the equine. If the owner of such equine is unknown or cannot be found, service of the notice on the owner shall be obtained by publishing a notice once in a newspaper of general circulation where the equine is impounded.
4-13-7. If the owner of the equine cannot be found, if the owner refuses to enter into a consent order or to provide a written assurance that such equine will be given humane care and adequate food, water, shelter, and veterinary care, or if the owner fails to comply with this chapter after having entered into a consent order or having given a written assurance on a previous occasion, the Commissioner or his designated agent, the sheriff, any deputy sher iff, or any other law enforcement officer may dispose of the equine through sale at a public auction or by sealed bids or, if such equine is in a physical condition such that euthanasia is the only reasonable course of action, by humanely disposing of the equine. Prior to dispos ing of an equine through sale or euthanasia, the Commissioner or his designated agent, the sheriff, any deputy sheriff, or any other law enforcement officer shall make a reasonable effort to locate the owner and, if the owner cannot be located after reasonable effort, the sale or euthanasia may proceed. Any proceeds from the sale of such equine shall be used first to pay the costs of care given the equine and any funds remaining shall be paid into the state treasury if the equine was impounded by the Commissioner or his designated agent or into the county treasury if the equine was impounded by the sheriff, a deputy sheriff, or other law enforcement officer.
4-13-8. In addition to the remedies provided in this chapter or elsewhere in the laws of this state and notwithstanding the existence of an adequate remedy at law, the Commis sioner is authorized to apply to the superior courts for an injunction or restraining order. Such courts shall have jurisdiction and for good cause shown shall grant a temporary or permanent injunction or an ex parte or restraining order restraining or enjoining any person, partnership, firm, corporation, or other entity from violating and continuing to violate this chapter or any rules and regulations promulgated under this chapter. Such injunction or restraining order shall be issued without bond and may be granted notwithstanding the fact that the violation constitutes a criminal act and notwithstanding the pendency of any crimi nal prosecution for the same violation.
4-13-9. The Commissioner is authorized to promulgate and adopt rules and regulations necessary or appropriate to carry out this chapter.
4-13-10. Any person, partnership, firm, corporation, or other entity violating any of the provisions of this chapter shall be guilty of a misdemeanor.' ".

Senator English of the 21st moved that the Senate agree to the House amendment to SB 520.

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

Those voting in the affirmative were Senators:

Albert Alien Baldwin Bishop Bowen Burton Coleman Collins Dawkins Deal

Dean Echols English Foster Gillis Hammill Hasty Henson Hill Huggins

Johnson Langford Marable Newbill Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd

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Ramsey Ray Starr Tate

Taylor Timmons Turner Tysinger

Walker of 22nd Walker of 43rd White

Those not voting were Senators:

Broun of 46th Brown of 26th Clay Edge Egan

Garner Harris Hooks Kidd Moye

Robinson Scott Shumake Steinberg Thompson

On the motion, the yeas were 41, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 520.

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

HB 586. By Representatives Alford of the 57th, Oliver of the 53rd and Dover of the llth:
A bill to amend an Act approved March 16, 1971, and an Act approved April 16, 1979, relating to the Metropolitan Atlanta Rapid Transit Authority and the Met ropolitan Atlanta Rapid Transit System, so as to repeal provisions prohibiting appropriations by the State of Georgia to the Metropolitan Atlanta Rapid Transit Authority and certain legislative statements of intent.

Senator Scott of the 36th moved that the Senate recede from the Senate amendment to HB 586.

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 Clay Coleman Collins Dawkins
Deal Dean
Echols
Edge

Egan
English
Foster Gillis Hammill
Hasty Henson Hill Hooks Huggins Marable Moye
Newbill Perdue
Perry
Phillips

Pollard Ragan of 10th Ragan of 32nd Ramsey j^ay Scott
Thompson Timmons Turner Tysinger Walker of 43rd White

Those not voting were Senators:

Garner (excused conferee) Kidd

Harris

Langford

Johnson (excused conferee) Robinson

Shumake Steinberg Walker of 22nd

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3415

On the motion, the yeas were 47, nays 0; the motion prevailed, and the Senate receded from the Senate amendment to HB 586.
Lieutenant Governor Howard introduced His Excellency, Governor Zell Miller, and Mrs. Miller, and the Governor addressed the Senate as follows:
It seems like a long time since I stood before you for my State of the State and Budget messages.
At that time, I laid before you a legislative and budgetary package called "Georgia Re bound," designed to ensure that Georgia will set the pace in the Southeast during the 1990s.
And while almost everyone supported the concept of Georgia Rebound, there were some who said it was too ambitious, that now was not the time to do it.
But you refused to just lay low. With courage, you rose up to enact 99 percent of Geor gia Rebound.
And by so doing, we have positioned Georgia to run out ahead of the rest of the South on the crest of the coming economic recovery.
The immediate impact of Georgia Rebound will be to create some 29,000 jobs during the next 18 months all across the state.
But the long-range effect is going to be even more important.
When I proposed Georgia Rebound, I said that we needed to be deliberate about doing two things:
First, bridge some of the gap between the prosperous metropolitan areas that have run out ahead and the rural communities, many of them desperately poor, that have been left behind.
And second, improve the education level and skills of our work force.
We've made a lot of progress toward those two goals. We are pressing forward with a modern transportation network. But we have also created other networks to bridge the gap between urban and rural Georgia.
Distance Learning will enable students in one part of the state to join a class in science, math or foreign language that is going on in another part of the state.
Telemedicine will allow a medical specialist at a large urban hospital to look at the Xrays and listen to the heartbeat of a patient at a small, rural hospital miles away.
We expanded the business tax credit for new jobs in economically depressed rural areas. We are going to guarantee bonds for local solid waste disposal facilities.
We will preserve natural and recreational lands all around the state under Preservation 2000, and clean up old toxic waste dumps and spills with a state SuperFund.
We are expanding our ports facilities in a big way.
We used a window of opportunity in the bond market to strengthen and expand our education infrastructure in 90 school systems, at 11 technical institutes and on 16 college campuses all across the state.
And we put into law our commitment to use the proceeds from a Georgia lottery to expand our educational efforts, and not supplant existing education funds.
A vote for the lottery next November will be a vote for voluntary pre-kindergarten programs, for better educational facilities and equipment, and for an extensive scholarship program to attend our colleges and technical institutes.
And in the meantime, we will start pilot pre-kindergarten programs for our 4-year-olds.
We will dramatically increase tuition equalization grants for our independent colleges and universities.

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We gave our teachers a desperately needed cost of living increase. We must do more, but at least for the time being, it will slow our downward slide in teacher salaries.
High school juniors and senior can now choose an educational program for themselves that may include courses at a nearby college or technical institute.
The Georgia Research Alliance is going to coordinate our university research work with private business to stimulate high-tech economic growth.
We have a new agency of children and youth services to strengthen our programs for youth who have run up against the law, improving our chances of reclaiming them for a productive life.
And yes, we increased fees to provide the revenue support we needed. But that was a long-overdue task that had been neglected for decades.
Our fees still remain below average in the Southeast, and the impact of our changes on the average citizen is less than $20 a year.
I thank you for your courage and your willingness to come to grips with these difficult issues.
It would have been so easy for you to buy the excuse that now was not the time, and then just hunker down and wait out this legislative session.
But thanks to you, Georgia is going to rebound. And we are going to rebound with a bounce that will make us the envy of the states around us -- that moves us forward toward future growth and future prosperity.
And so I salute and thank this Senate, its great President, its leadership, my floor lead ers, and all of the membership for the remarkable changes that together we have brought to the state we love and to the people we serve.

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

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.
Senate Sponsor: Senator Starr of the 44th.

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

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

Those voting in the affirmative were Senators:

Albert Alien Baldwin Bishop Bowen Broun of 46th Burton Coleman Collins Dawkins Deal

Dean Echols Edge Foster Gillis Hammill Hasty Henson Hill Hooks Huggins

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

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Ray Scott Starr Steinberg

Tate Taylor Thompson Timmons

Turner Tysinger Walker of 43rd White

Those not voting were Senators:

Brown of 26th Clay Egan English

Garner Harris Moye Perdue

Robinson 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.

The following bill of the Senate was taken up for the purpose of considering the Confer ence Committee report thereon:

SB 410. By Senators Johnson of the 47th, Deal of the 49th, Garner of the 30th and Thompson of the 33rd:
A bill to amend Part 1 of Article 4 of Chapter 12 of Title 45 of the Official Code of Georgia Annotated, relating to management of budgetary and financial affairs, so as to require the submission of certain five-year strategic plans by each budget unit in conjunction with budget estimates.
The Conference Committee report on SB 410 was as follows:
The Committee of Conference on SB 410 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference substitute to SB 410 be adopted.
Respectfully submitted,

FOR THE SENATE:
/s/ C. Donald Johnson Senator, 47th District
/s/ Steve Thompson Senator, 33rd District
/s/ Wayne Garner Senator, 30th District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Larry Walker Representative, 115th District
Terry L. Coleman Representative, 118th District
/s/ Jerry D. Jackson Representative, 9th District

Conference Committee substitute to SB 410:

A BILL
To be entitled an Act to amend Article 1 of Chapter 5 of Title 28 of the Official Code of Georgia Annotated, relating to general provisions regarding financial affairs, so as to create the legislative fiscal oversight committee; to provide for selection of members; to provide for powers, duties, and authority of the committee; to provide for subpoena powers and meet ings; to provide for allowances for the members; to require the submission of five-year stra tegic plans by budget units; to provide for the contents of such plans; to amend Chapter 6 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Audits and

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Accounts, so as to provide for program reviews and evaluations; to provide for powers, du ties, and authority of the state auditor; to provide for such reviews and evaluations by pri vate firms; 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 1 of Chapter 5 of Title 28 of the Official Code of Georgia Annotated, relating to general provisions regarding financial affairs, is amended by adding a new Code section at the end thereof, to be designated Code Section 28-5-5, to read as follows:
"28-5-5. (a) There is created the legislative fiscal oversight committee which shall be composed of five members of the House of Representatives appointed by the Speaker of the House of Representatives and five members of the Senate appointed by the President of the Senate. The members of such committee shall be selected within 30 days after each general election for members of the General Assembly and shall serve until their successors are appointed after each general election for members of the General Assembly.
(b) The members of such committee shall select by majority vote a chairperson and vice chairperson and such other officers as deemed necessary by such committee. Such commit tee shall meet at least six times each year and, upon the call of the chairperson, at such additional times as deemed necessary by the chairperson.
(c) It shall be the duty of such committee to review and evaluate the strategic plans, accomplishments, and expenditures as enumerated in subsection (e) of this Code section and review and evaluate such other information or reports as deemed necessary by such committee. The head of each budget unit shall cooperate with such committee and provide such information or reports as requested by the committee for the performance of its functions.
(d) Such committee shall make an annual report of its findings to the Appropriations Committees of the House of Representatives and the Senate and the applicable standing committees relative to the programs which are reviewed.
(e) (1) Each budget unit of state government shall submit a five-year strategic plan to the legislative fiscal oversight committee by May 1 of each year for new programs to be implemented in the following fiscal year and for existing programs at such times as re quested by the committee.
(2) Each plan shall contain a description of assessed needs, a list of planned improve ments of programs or services designed to address the assessed needs, a forecast of the costs of providing such services, a list of the goals for the programs or services to be improved, a list of objectives determined from these goals, a course of action for achieving the planned improvements including an implementation timetable, an evaluation system to determine if the objectives in the plan are being attained, and such other items as the committee may deem necessary. Each plan must include performance measures that provide methods and criteria to measure the performance of each agency in conducting its activities and in achieving its goals.
(3) By September 1 of each year each state agency shall report, for all programs for which five-year strategic plans have been prepared and furnished to the committee, its pro gress toward meeting its established goals as measured by the performance measures in cluded in the strategic plan.
(f) The members of the committee shall receive the allowances authorized for legislative members of legislative committees. The funds necessary to pay such allowances for a com mittee member shall come from the funds appropriated either to the House of Representa tives or Senate of which chamber that committee member is a member."
Section 2. Chapter 6 of Title 50 of the Official Code of Georgia Annotated, relating to

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the Department of Audits and Accounts, is amended by adding a new Code section immedi ately following Code Section 50-6-24, to be designated Code Section 50-6-24.1, to read as follows:
"50-6-24.1. It shall be the duty of the state auditor to perform program reviews and evaluations as requested by a majority vote of the legislative fiscal oversight committee. Such reviews and evaluations shall include any specific analysis requested by the legislative fiscal oversight committee and shall evaluate the performance of the agency against the performance measures established by the agency in its strategic plan and whether those performance measures provide effective criteria by which to measure the performance of the agency. Program reviews may be conducted by a private firm when it has been determined by a majority vote of the ten members of the legislative fiscal oversight committee, in con sultation with the state auditor, that the review requires specialized external expertise. The private firm shall have access to the information necessary to conduct the program reviews described in this Code section. The cost of any such private firm review shall be paid for with funds specifically appropriated for such purpose or with funds otherwise available to the legislative branch of government."
Section 3. All laws and parts of laws in conflict with this Act are repealed.

Senator Johnson of the 47th moved that the Senate adopt the Conference Committee report on SB 410.

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

Those voting in the affirmative were Senators:

Alien Baldwin Bishop Bowen Broun of 46th Brown of 26th Burton Clay Coleman Collins Dawkins Deal Dean Echols Egan

Foster Garner Gillis Hammill Hasty Henson Hill Hooks Huggins Johnson Kidd Langford Marable Newbill Perdue

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

Those not voting were Senators:

Albert Edge English Harris

Moye Scott Shumake Steinberg

Taylor Walker of 22nd Walker of 43rd

On the motion, the yeas were 45, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on SB 410.

Senator Deal of the 49th, President Pro Tempore, assumed the Chair.

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The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:
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.
The House substitute to SB 587 was as follows:
A BILL
To be entitled an Act to amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to change the definition of the term "annual debt service"; to provide that capital outlay funds for educational facilities shall be used to reimburse local school systems for the principal component of current annual rental payments under multiyear lease, purchase, or lease purchase contracts under Code Section 20-2-506 for state ap proved construction projects for educational facilities; to provide that no local school system may request funds for such purpose unless and until all construction projects identified in its construction plan for certain purposes have been completed; to provide that state capital outlay funds may be used in the acquisition and construction of educational facilities which are funded in part with certificates of participation issued in connection with multiyear lease, purchase, or lease purchase contracts under Code Section 20-2-506 subject to certain terms, conditions, and limitations and not inconsistent with the lease purchase method of financing; to provide for a program of community education and development grants; to provide a short title; to provide for definitions; to authorize the Department of Education to make grants to boards of education for certain programs and activities; to provide for quali fications, requirements, practices, and procedures relative to such grants; to provide for matching funds, employment of personnel, and training programs; to provide for advisory councils; to provide for contracts and agreements; to provide for rules and regulations; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 20 of the Official Code of Georgia Annotated, relating to education, is amended by striking in its entirety paragraph (2) of subsection (b) of Code Section 20-2-260, relating to capital outlay funds, and inserting in lieu thereof a new paragraph (2) to read as follows:
"(2) 'Annual debt service' is denned as expenditures for the annual retirement of debt for capital outlay construction projects for educational facilities and shall include the inter est on the principal as well as the principal of the debt. Such term shall also include ex penditures for annual rental payments, including principal and interest components, for capital outlay construction projects for educational facilities as defined in paragraph (5) of this subsection financed in whole or in part with multiyear lease, purchase, or lease purchase contracts under Code Section 20-2-506 or any successor law.''
Section 2. Said title is further amended by striking subsection (e) of said Code section in its entirety and inserting in lieu thereof a new subsection (e) to read as follows:
"(e) State capital outlay funds for educational facilities appropriated in accordance with provisions of this Code section shall be used for the following purposes:
(1) To provide construction projects needed because of increased student enrollment or to replace educational facilities which have been abandoned or destroyed by fire or natural disaster and which shall consist of new buildings and facilities on new sites or new additions

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to existing buildings and facilities, or relocation of existing educational facilities or portions thereof to different sites;
(2) To provide construction projects to renovate, modernize, or replace educational fa cilities in order to correct deficiencies which produce educationally obsolete, unsafe, inacces sible, energy inefficient, or unsanitary physical environments;
(3) To provide construction projects for new additions to existing educational facilities or relocation of existing educational facilities or portions thereof to different sites in order to house changes in the instructional program authorized and funded under provisions of this article or new educational facilities on new sites or new additions to existing ones as a result of internal population shifts or changes in attendance zones within the local school system;
(4) To provide construction projects to consolidate educational facilities which have fewer pupils than required for the minimum school population by the State Board of Edu cation or which are too expensive to renovate or modernize due to obsolescence or location and which shall consist of new educational facilities on new sites, new additions to existing sites, or relocation of existing educational facilities or portions thereof to different sites;
(5) To provide construction projects to consolidate the total student populations in ele mentary, middle, or high schools across local school system lines. In such projects, there shall be no requirement to include a vocational wing as defined within the high school struc ture but neither shall such vocational wing be excluded for funding purposes; and
(6) To reimburse local school systems for current principal payments on local indebted ness for state approved construction projects for educational facilities. No local school sys tem may request funds for the purposes of this paragraph unless and until all construction projects identified in its construction plan for the purposes of paragraphs (1) through (5) of this subsection have been completed; and ;
(7) To reimburse local school systems for the principal component of current annual rental payments under multiyear lease, purchase, or lease purchase contracts under Code Section 20-2-506 for state approved construction projects for educational facilities. No local school system may request funds for the purposes of this paragraph unless and until all construction projects identified in its construction plan for the purposes of paragraphs (1) through (5) of this subsection have been completed."
Section 3. Said title is further amended by adding at the end of said Code section a new subsection (p) to read as follows:
"(p) State capital outlay funds may be used in the acquisition and construction of edu cational facilities as defined in paragraph (5) of subsection (b) of this Code section which are funded in part with certificates of participation issued in connection with multiyear lease, purchase, or lease purchase contracts under Code Section 20-2-506 or any successor law, subject to the same terms, conditions, and limitations contained in this Code section not inconsistent with the lease purchase method of financing."
Section 4. Said title is further amended by adding at the end thereof a new chapter to read as follows:
"CHAPTER 14
20-14-1. This chapter shall be known and may be cited as the 'Community Education and Development Act.'
20-14-2. As used in this chapter, the term:
(1) 'Board of education' means the county board of education in any county in which there is no independent school system. In any county in which there is a county school system and one or more independent school systems, 'board of education' means the board of education designated by written agreement of all boards of education within the county to coordinate the community education and development program within the county.
(2) 'Department' means the Department of Education.

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20-14-3. From funds appropriated or otherwise available for such purpose, the Depart ment of Education is authorized to make grants to boards of education for the creation, administration, operation, and coordination of community education and development pro grams and activities. Such grants shall be made and the funds shall be administered and expended subject to this chapter and the rules and regulations of the State Board of Educa tion adopted pursuant to this chapter.
20-14-4. All grants under this chapter shall be made on a county basis. Grants shall be paid to the board of education in each county applying for such grants.
20-14-5. (a) There shall be four types of community education and development grants awarded pursuant to this chapter as follows:
(1) Planning grants;
(2) Training grants;
(3) Training continuation grants; and
(4) Leadership support grants.
(b) Planning grants shall be awarded in an amount not to exceed $10,000.00 per grant. Not more than one planning grant shall be awarded for each county. No planning grant shall be awarded for any county in which a community education and development program was in existence on January 1, 1988. Planning grant funds shall be used to plan for the implementation, operation, and contents of a community education and development pro gram for the county, for the establishment of a functional community education advisory council for the county, for the employment of personnel, and for the support of leadership during the planning and development of a community education and development program for the county. Such planning shall include an examination of the need for a program within the county, the availability of personnel to implement and operate a program, the training of personnel, the availability of adequate facilities, the costs associated with a program, the desire of the citizens within the county to participate in a program, and any other matters related to whether a program should be established and, if established, how such program should be implemented and operated for the benefit of all citizens within the county.
(c) Training grants shall be awarded in an amount of $600.00 per grant. Not more than one training grant shall be awarded for each county. No training grant shall be awarded for any county in which a community education and development program was in existence on January 1, 1988. Training grants shall be used for the purpose of providing training to per sonnel, whether employees or volunteers, prior to the initial implementation of a program or during the first year of operation of the program, or both.
(d) Training continuation grants shall be awarded in an amount of $300.00 per grant. Training continuation grants shall be awarded annually. Not more than one training contin uation grant shall be awarded for each county. No training continuation grant shall be awarded for any county if a training grant has been awarded pursuant to subsection (c) of this Code section for such county for the same year. Training continuation grants shall be used for the purpose of providing training to personnel, whether employees or volunteers, during years following the initial year of operation of a community education and develop ment program within a county.
(e) Leadership support grants shall be awarded in units based on the population of the county according to the United States decennial census of 1990 or any future such census. A grant of $16,000.00 shall be awarded for each unit to which a county is entitled under this subsection. A county shall be entitled to one unit for each 25,000 in population or a portion thereof, provided that:
(1) In counties having a population of 25,000 or less according to the United States decennial census of 1990 or any future such census at least one qualified person with at least half-time responsibility for community education development and implementation is em ployed by the board of education;

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(2) In counties having a population of more than 25,000 according to the United States decennial census of 1990 or any future such census at least one qualified person with fulltime responsibility for community education development and implementation is employed by the board of education;
(3) In order to receive more than two units of leadership support grant funds from the department under this subsection, the board of education shall provide matching funds for the community education and development program within the county in an amount equal to the state funds provided for the third and subsequent units to which the county is other wise entitled. The expenditure of such matching funds is declared to be for the support and maintenance of education and is for a public purpose. The funds of county and independent school systems and any funds otherwise available to such school systems through grants, gifts, or bequests may be used as matching funds under this paragraph;
(4) An appropriate training program has been established within the county for the purpose of training personnel, whether employees or volunteers, for the operation of the community education and development program within the county;
(5) A resolution has been adopted by the county board of education and by the board of education of each independent school system within the county supporting the implementa tion and funding of a community education and development program within the county; and
(6) A functional community education and development advisory council has been es tablished by the board of education within the county to assist and advise the board of education and the community education and development coordinator. Such advisory coun cil shall involve governmental and community service agencies, the business community, and private citizens in planning, implementation, and funding of community education and development programs.
20-14-6. No grants shall be awarded pursuant to this chapter for any county in which there is a county school system and one or more independent school systems unless the boards of education of all such school systems within the county agree in writing to support and provide funds for the community education and development program within such county and agree on a method to administer such program.
20-14-7. (a) The Department of Education is authorized to administer this chapter and the program of community education and development grants authorized by this chapter.
(b) The State Board of Education is authorized to adopt rules and regulations to carry out the provisions of this chapter and administer the community education and develop ment grant program.
(c) The State Board of Education shall create a state-wide, interagency community edu cation and development advisory council to be composed of not less than 14 and not more than 25 members as provided by the board. Members shall be appointed by the commis sioner of community affairs. The members of the council shall serve without compensation. The council shall advise the State Board of Education, the Department of Education, and the commissioner of community affairs concerning the community education and develop ment grant program and shall assist boards of education with developing, implementing, operating, and improving community education and development programs.
(d) The Department of Education and the State Board of Education are authorized to accept and expend state, federal, local, and private funds, including gifts, grants, and be quests from any person, corporation, partnership, association, or other entity, to administer this chapter and to support community education and development programs throughout this state.
(e) If sufficient funds are not available in any year to provide planning grants, training grants, and training continuation grants to all counties applying for such grants, available funds shall be awarded for planning grants, training grants, and training continuation grants

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in the order in which applications for such grants are received by the department. If suffi cient funds are not available for leadership support grants, available funds shall be awarded in the order in which the applications for such grants are received, provided that all coun ties applying shall receive a grant for one unit before a second unit is distributed to any county, all counties entitled to two units shall receive such second unit before subsequent units are awarded to any county, and so forth until all available funds have been distributed."
Section 5. All laws and parts of laws in conflict with this Act are repealed.

Senator Thompson of the 33rd moved that the Senate agree to the House substitute to SB 587.

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

Those voting in the affirmative were Senators:

Alien Baldwin
Bishop Bowen Broun of 46th Brown of 26th u.rton CpCDooa,lwl,le.mkmisnans
Dean
Echols
Egan Foster
Garner
Gillis

Hammill Hasty
Henson Hill Hooks Huggins Johnson .LTK^ai-dnJdJg,ford.
Marable
Moye
Newbill Perdue
Perry
Phillips

Pollard Ragan of 10th
Ragan of 32nd Ramsey Ray Robinson Scott _TcSutaatrer
Taylor
Thompson
Timmons Turner
Tysinger
White

Those not voting were Senators:

Albert Clay Deal (presiding) Edge

English Harris Shumake

Steinberg Walker of 22nd Walker of 43rd

On the motion, the yeas were 46, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 587.

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

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.
Senate Sponsor: Senator Henson of the 55th.

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

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

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3425

Those voting in the affirmative were Senators:

Alien Baldwin Bishop Bowen Broun of 46th Burton Clay Coleman Collins Dawkins Dean Echols Edge Egan English Foster

Gillis Hammill Hasty Henson Hill Hooks Huggins Johnson Kidd Langford Marable Newbill 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:

Albert Brown of 26th Deal (presiding)

Garner Harris Moye

Perdue Shumake Steinberg

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

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

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

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 House amendments were as follows:

Amendment No. 1:

Amend SB 735 by inserting on line 17 of page 3 after the word "activity" and before the period the following:
"by willfully promoting, furthering, or assisting in any felonious criminal conduct by members of the gang".
By inserting on line 21 of page 3 after the word "offenses" and before the word and symbol ", provided" the following:
"resulting in a conviction".
By striking on line 27 of page 4 the word "misdemeanor" and inserting the word "felony".

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By striking on line 29 of page 5 the following: "in the county jail". By striking on line 21 of Page 3 the words "at least one of those" and inserting the word "those."

Amendment No. 2:

Amend SB 735 as follows: On page 4, line 22, add after the word "criminal" the words "activity of a".

Senator Moye of the 34th moved that the Senate disagree to the House amendments to SB 735.

On the motion, the yeas were 39, nays 0; the motion prevailed, and the Senate disagreed to the House amendments to SB 735.
The following bill of the Senate was taken up for the purpose of considering the Confer ence Committee report thereon:

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.

The Conference Committee report on SB 489 was as follows:
The Committee of Conference on SB 489 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference substitute to SB 489 be adopted.
Respectfully submitted,

FOR THE SENATE:
/s/ Harrill L. Dawkins Senator, 45th District
/s/ Mark Taylor Senator, 12th District
/s/ Pete Robinson Senator, 16th District

FOR THE HOUSE OF REPRESENTATIVES:
Is/ Bobby E. Parham Representative, 105th District
/s/ DuBose Porter Representative, 119th District
/s/ Denmark Groover Representative, 99th District

Conference Committee substitute to SB 489:

A BILL
To be entitled an Act to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles, so as to revise the requirements and procedures relative to im plied consent; to provide for the suspension of a driver's license or the disqualification 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 driving under the influence of alco hol; to change the period of suspension for refusal of a test for determining whether a driver is under the influence of alcohol; to provide for periods of suspension or disqualification; to

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provide for an exception; to provide for temporary driving permits and limited driving per mits; to provide for procedures; to provide for notice; to provide for administrative and judicial review; to change certain reinstatement procedures and requirements; to clarify the nature and applicability of certain driver improvement programs; to provide for editorial revision; to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to correct incorrect references to Title 40; to provide for related matters; 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, is amended by striking Code Section 40-5-55, relating to implied consent to chemical tests, in its entirety and inserting in lieu thereof a new Code Section 40-5-55 to read as follows:
"40-5-55. (a) The State of Georgia considers that the persons who are under the influ ence of alcohol or drugs while operating a motor vehicle or who have a blood alcohol concen tration of 0.10 grams or more at any time within three hours after operating a motor vehicle from alcohol consumed before such driving or actual physical control ended or who have any amount of marijuana or any controlled substance without prescription present in their blood or urine, without regard to the presence of alcohol, while operating a motor vehicle consti tute a direct and immediate threat to the welfare and safety of the general public. There fore, any person who operates a motor vehicle upon the highways or elsewhere throughout this state shall be deemed to have given consent, subject to Code Section 40-6-392, to a chemical test or tests of his blood, breath, er urine, or other bodily substances; for the pur pose of determining the alcoholic or drug content of his blood presence of alcohol or any other drug, if arrested for any offense arising out of acts alleged to have been committed in violation of Code Section 40-6-391 or if such person is involved in any traffic accident result ing in serious injuries or fatalities. The test or tests shall be administered at the request of a law enforcement officer having reasonable grounds to believe that the person has been driv ing or was in actual physical control of a moving motor vehicle upon the highways or else where throughout this state in violation of Code Section 40-6-391. The test or tests shall be administered as soon as possible to any person who operates a motor vehicle upon the high ways or elsewhere throughout this state who is involved in any traffic accident resulting in serious injuries or fatalities. Subject to Code Section 40-6-392, the requesting law enforce ment officer shall designate which of the aforesaid test or tests shall be administered, pro vided that both a blood and urine test with drug screen shall be administered to any person operating a motor vehicle involved in a traffic accident resulting in serious injuries or fatalities.
(b) Any person who is dead, unconscious, or otherwise in a condition rendering him incapable of refusal shall be deemed not to have withdrawn the consent provided by subsec tion (a) of this Code section, and the test or tests may be administered, subject to Code Section 40-6-392.
(c) If a person under aircat or a person who was involved in any traffic accident result ing in acrioua injuries or fatalitica rcfuaca, upon the request of a law enforcement officer, to aubmit to a chemical teat designated by the law enforcement officer aa provided in subacction (a) of this Code section, no test shall be given, but the department, upon the receipt of a sworn report of the law enforcement officer that he had rcaaonablc grounds to believe the arrested person had been driving or was in actual physical control of a moving vehicle upon the highways or elsewhere throughout this state in violation of Code Section 40 6 891 or that such person had been driving or was in actual physical control of a moving vehicle upon the highways or elsewhere throughout this state and waa involved in a traffic accident which resulted in scrioua injuries or fatalities and that the person had refused to aubmit to the teat upon the request of the law enforcement officer, shall in accordance with Chapter 10 of Title 60, the 'Georgia Administrative Procedure Act,' and except oa otherwise provided in this Code acction, notify the person that hia license is to be suspended, subject to review as provided for in this chapter. The oworn report required by this subsection of a law enforce mcnt officer regarding the refusal of an arrested person to submit to a chemical teat ahall be

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transmitted to the department within ten daya after the date of the arrest of such person, and the period of suspension shall begin to run only after all administrative hearings and appeals have been exhausted. Any report of a law enforcement officer which hao been trans mitted to of received by the department more than ten days after the arrest shall be filed by the department for record purposes only, and no action ahall be taken by the department. As used in this subsection, the term 'tranamittcd' shall mean deposited with the United Statea Postal Service, and a report under this subsection ahall be deemed to have been transmitted within the ten day period if it is postmarked on or before the tenth day after the date of arrest.

(d) The person so notified may request a hearing within ten days from the date of receipt of notice sent by certified mail. Within 30 daya after receiving a written request for a hearing, the deportment shall hold a hearing as is provided in Chapter 18 of Title 60, the 'Georgia Administrative Procedure Act.' After such hearing, the department shall sustain its order of suapcnaion or rescind auch order. If no hearing is requested within the ten days specified above, the right to a hearing shall have been waived and the license of the driver shall be suspended.

(c) If the suspension is sustained after such a hearing, the person whose license has been suspended under this Code section shall have a right to file for a judicial review of the department's final decision, as provided for in Chapter 18 of Title 60, the 'Georgia Adminis trative Procedure Act', while auch appeal is pending, the order of the department shall not be stayed.

(f) Subject to the limitations of this subsection, any law enforcement officer who at tends a hearing provided for by subsection (d) of this Code section for the purpose of giving testimony relative to the subject of such hearing shall be compensated in the amount of $20.00 for each day's attendance at such hearing. In the event a law enforcement officer gives testimony at two or more different hearings on the same day, such officer shall receive only $20.00 for attendance at all hearings. The compensation provided for in this subsection shall not be paid to any law enforcement officer who is on regular duty or who is on a lunch or other break from regular duty at the time the officer attends any auch hearing. The com pensation provided for by this subsection shall be paid to the law enforcement officer by the department from department funds at such time and in such manner as the Board of Public Safety ahall provide by rules or regulations of said board. The Board of Public Safety shall also require verification of a law enforcement officer's qualifying to receive the payment authorised by this subsection by requiring the completion of an appropriate document in subatantially the following form.

IMPLIED CON8ENT HEARING ATTENDANCE

OFFICER;

S.S.NO.

ADDRE8S; ----------------Street--------------------6%--------------------State--------------------ZIP Code

DATE: CASE:

TIME:

A.M.P.M.

This is to certify that the police officer named above attended an implied consent hear ing as a witness or complainant on the date and time shown above.

HEARING OFFICER:

TITLE:

I certify that I appeared at the implied consent hearing described above on the date and time shown above and that I was not on regular duty at the time of attending the hearing and that I have not received and will not receive compensation from my regular employer for attending the hearing.

Signature of officer:

APPROVED FOR PAYMENT:

Comptroller"

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Section 2. Said title is further amended by striking Code Section 40-5-63, relating to periods of suspension and conditions of return of a license, in its entirety 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, unless the driver's license has been previously suspended pursuant to Code Sections 40-5-67.1 and 40-5-67.2, shall by operation of law be suspended and such suspension shall be subject to the following terms and conditions:
(1) Upon the first conviction of any such offense, with no arrest and conviction of and no plea of nolo contendere accepted to such offense within the previous five years, as mea sured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, the period of suspension shall be for 12 months. At the end of 120 days, the person may apply to the Department of Public Safety for reinstatement of his driver's license. Such license shall be reinstated if such person sub mits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of. Human Resources and pays a restoration fee of $36.00 or $26.00 $210.00 or $200.00 when such reinstatement is processed by mail, provided that, if such license was suspended as a result of a conviction of an offense listed in Code Section 40-554, such license shall be reinstated if such person submits proof of completion of either a defensive driving program approved by the Department of Public Safety or a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources and pays the prescribed restoration fee. A driver's license suspended as a result of a convic tion of a violation of Code Section 40-6-391 shall not become valid and shall remain sus pended until such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources and pays the pre scribed restoration fee. For purposes of this paragraph, an accepted plea of nolo contendere to an offense listed in Code Section 40-5-54 by a person who is under 18 years of age at the time of arrest shall constitute a conviction. For the purposes of this paragraph only, an accepted plea of nolo contendere by a person 18 years of age or older, with no conviction of and no plea of nolo contendere accepted to a charge of violating Code Section 40-6-391 within the previous five years, as measured from the dates of previous arrests for which convictions were obtained or pleas of nolo contendere accepted to the date of the current arrest for which a plea of nolo contender is accepted, shall not be considered a conviction; however, the court having jurisdiction shall forward, as provided in Code Section 40-6-391.1, the record of such disposition of the case to the Department of Public Safety and the record of such disposition shall be kept on file for the purpose of considering and counting such accepted plea of nolo contendere as a conviction under paragraphs (2) and (3) of this subsection;
(2) Upon the second conviction of any such offense within five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, the period of suspension shall be for three years. At the end of 120 days, the person may apply to the Department of Public Safety for rein statement of his driver's license. Such license shall be reinstated if such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources and pays a restoration fee of $36.00 or $26.00 $210.00 or $200.00 when processed by mail, provided that, if such license was suspended as a'result ofa conviction of an offense listed in Code Section 40-5-54, such license shall be reinstated if such person submits proof of completion of either a defensive driving program approved by the Department of Public Safety or 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, a plea of nolo contendere and all previous accepted pleas of nolo contendere to an offense listed in Code Section 40-5-54 within such five-year period of time shall constitute a conviction. For the purposes of this paragraph, a plea of nolo con tendere to a charge of violating Code Section 40-6-391 and all prior accepted pleas of nolo

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contenders within five years, as measured from the dates of previous arrests for which con victions were obtained or pleas of nolo contenders were accepted to the date of the current arrest for which a plea of nolo contendere is accepted, shall be considered and counted as convictions; or
(3) Upon the third conviction of any such offense within five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, such person shall be considered a habitual violator, and his license shall be revoked as provided for in paragraph (1) of subsection (a) of Code Section 40-5-62. For purposes of this paragraph, a plea of nolo contendere and all previous accepted pleas of nolo contendere to an offense listed in Code Section 40-5-54 within such five-year period shall constitute a conviction. 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 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 cur rent 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 40-6 '66 shall be for six months, provided, however, that the license auapension of a person who fcfuacd to submit to a teat or teats provided in Code Section 40-6 66, but who within 180 daya of the date of arrest enters a plea of guilty to a charge of violating Code Section 40 6-801, 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 ia no prosecutor, from the judge authorizing the dele tion. If a person who has refused to submit to a teat or testa provided for in Code Section 40-6-66 has been charged with homicide by a vehicle as provided in Code Section 40-6-303 or has been charged with serious injury by vehicle as provided in Code Section 40-6 804, the period of the suspension ahull be for 12 months.
$e) (b) 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) (c) 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 the applicable restoration fee of $36.00 or $26.00 when such reinstatement ia processed by
ie} (d) Any person convicted of violating subsection (a) of Code Section 40-6-393, relat ing 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 this chapter and shall not be eligible for a limited driving permit as provided in Code Section 40-5-64. For purposes of this subsection, an accepted plea of nolo contendere to homicide by vehicle in the first degree or serious injury by vehicle shall constitute a conviction."
Section 3. Said title is further amended by striking Code Section 40-5-64, relating to limited driving permits, in its entirety and inserting in lieu thereof a new Code Section 40-564 to read as follows:
"40-5-64. (a) To whom issued. Notwithstanding any contrary provisions of Code Section 40-5-57 or 40-5-63 or any other Code sections of this chapter, any person may apply for a limited driving permit when and only when that person's driver's license has been sus pended in accordance with subsection (d) of Code Section 40-5-57 or paragraph (1) of sub section (a) of Code Section 40-5-63, provided that such person has not had his driver's li cense suspended under Code Section 40-5-68.
(b) Application form. Applications for limited driving permits shall be made upon such

TUESDAY, MARCH 31, 1992

3431

forms as the commissioner may prescribe. Such forms shall require such information as is necessary for the department to determine the need for such permit. All applications shall be signed by the applicant before a person authorized to administer oaths.
(c) Standards for approval. The department shall issue a limited driving permit if the application indicates that refusal to issue such permit would cause extreme hardship to the applicant. For the purposes of this Code section, 'extreme hardship' means that the appli cant cannot reasonably obtain other transportation, and therefore the applicant would be prohibited from:
(1) Going to his place of employment or performing the normal duties of his occupation;
(2) Receiving scheduled medical care or obtaining prescription drugs;
(3) Attending a college or school at which he is regularly enrolled as a student;
(4) Attending regularly scheduled sessions or meetings of support organizations for per sons who have addiction or abuse problems related to alcohol or other drugs, which organi zations are recognized by the commissioner; or
(5) Attending under court order any driver education or improvement school or alcohol or drug program or course approved by the court which entered the judgment of conviction resulting in suspension of his driver's license or by the commissioner.
(d) Conditions attached. A limited driving permit shall be endorsed with such condi tions as the commissioner deems necessary to ensure that such permit will be used by the permittee only to avoid the conditions of extreme hardship. Such conditions may include the following restrictions:
(1) Specific places between which the permittee may be allowed to operate a motor vehicle;
(2) Routes to be followed by the permittee;
(3) Times of travel;
(4) The specific vehicles which the permittee may operate; and
(5) Such other restrictions as the department may require.
(e) Duration of permit. A permit issued pursuant to this Code section shall be $25.00 and shall be nonrenewable and shall become invalid upon the expiration of one year follow ing the effective date of suspension of the applicant's driver's license, except that such lim ited driving permit shall expire upon the earlier reinstatement of the driver's license. A person convicted of such offense whose driver's license had been surrendered to the court in which such conviction was adjudged may apply to the department for a limited driving per mit, immediately following such conviction. Upon the applicant's execution of an affidavit attesting to such facts and to the fact that the court had not imposed a suspension or revo cation of his driver's license or driving privileges inconsistent with the driving privileges to be conferred by the limited driving permit applied for, the department may issue such per son a limited driving permit. A person convicted of such offense whose driver's license had not been surrendered to such court immediately following such conviction may apply to the department for a permit. Upon the applicant's surrender to the department of his driver's license and the execution of a similar affidavit, or if he has lost his driver's license, upon execution of an additional affidavit to that effect, the department may issue such person a limited driving permit.
(f) Liability of issuing officer. No official or employee of the department shall be crimi nally or civilly liable or subject to being held in contempt of court for issuing a limited driving permit in reliance on the truth of the affidavits required by this Code section.
(g) Revocation of permit. (1) Any permittee who is convicted of violating any state law or local ordinance relating to the movement of vehicles or any permittee who is convicted of violating the conditions endorsed on his permit shall have his permit revoked by the depart ment. Any court in which such conviction is had shall require the permittee to surrender the

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permit to the court, and the court shall forward it to the department within ten days after the conviction, with a copy of the conviction.
(2) Any person whose limited driving permit has been revoked shall not be eligible to apply for a driver's license until six months from the date such permit was surrendered to the department. The department may impose an additional period of suspension for the conviction upon which revocation of the permit was based.
(h) Hearings. Any person whose permit has been revoked, or who has been refused a permit by the department, may make a request in writing for a hearing to be provided by the department. Such hearing shall be provided by the department within 30 days after the receipt of such request and shall follow the procedures required by Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' Appeal from such hearing shall be in accor dance with said chapter.
(i) Rules and regulations. The board may promulgate such rules and regulations as are necessary to implement this Code section.
(j) Penalty. Any permittee who operates a motor vehicle in violation of any condition specified on the permit shall be guilty of a misdemeanor."
Section 4. Said title is further amended by striking subsection (a) of Code Section 40-566, relating to appeals from the department, in its entirety and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) Except as provided in subsection ^ (h) of Code Section 40-6-66 40-5-67.1 and subsection (h) of Code Section 40-5-64, any decision rendered by the department shall be final unless the aggrieved person shall desire an appeal. In such case, such person shall have the right to enter an appeal in the superior court of the county of his residence or in the Superior Court of Fulton County. Such appeal shall name the commissioner as defendant and must be filed within 30 days from the date the department enters its decision or order. The person filing the appeal shall not be required to post any bond nor to pay the costs in advance."
Section 5. Said title is further amended by striking Code Section 40-5-67, relating to seizure and disposition of the driver's license of a person charged with driving under the influence, in its entirety and inserting in lieu thereof a new Code Section 40-5-67 to read as follows:
"40-5-67. (a) Whenever any resident or nonresident person is charged with violating Code Section 40-6-391, the law enforcement officer shall take the driver's license of the per son so charged. The driver's license shall be attached to the court's copy of the uniform traffic citation and complaint form and shall be forwarded to the court having jurisdiction of the offense. A copy of the uniform traffic citation and complaint form shall be forwarded, within ten days of issue, to the Department of Public Safety. Taking the driver's license as required in this Code section shall not prohibit any law enforcement officer or agency from requiring any cash bond authorized by Article 1 of Chapter 6 of Title 17.
(b) At the time the law enforcement officer takes the driver's license, he shall issue a temporary driving permit to the person? as follows:
(1) If the driver refuses to submit to a test or tests to determine the presence of alcohol or drugs as required in Code Section 40-5-55, the officer shall issue a 20 day temporary driving permit;
(2) If the driver's license is required to be suspended under Code Section 40-5-67.1, the officer shall issue a 20 day temporary driving permit;
(3) If the test or tests administered pursuant to Code Section 40-5-55 indicate a blood alcoHol concentration in violation of Code Section 40-6-391 but less than the level for an administrative suspension of the license under subsection (c) of Code Section 40-5-67.1, or if the review of the driver's prior driving record indicates that the driver's license has not been suspended within the previous five years, as measured from the dates of previous arrests for

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which a suspension was obtained to the date of the current arrest, the officer shall issue a 180 day temporary driving permit.
This temporary driving permit shall be valid until the expiration of 180 days, for the stated period or until the person's driving privilege is suspended or revoked under any provision of this title. The Department of Public Safety, at its sole discretion, may delay the expiration date of the temporary driving permit, but in no event shall this delay extend beyond the date when such person's driving privilege is suspended or revoked under any provision of this title. The department shall by rules and regulations establish the conditions under which the expiration of the temporary permit may be delayed.
(c) (1) If the person is convicted of violating Code Section 40-6-391, the court shall, within ten days, forward the person's driver's license and the record of the disposition of the case to the Department of Public Safety. At this time, the court shall also require the per son to surrender the temporary driving permit issued pursuant to subsection (b) of this Code section.
(2) If the person is not convicted of violating Code Section 40-6-391, and the court is in possession of the driver's license, the court shall return the driver's license to the person; unless the person refused to submit to a blood alcohol test as required by Code Section 406'66. If the person refused to submit to such teat, the driver's liccnac shall be forwarded to the Department of Public Safety for disposition in accordance with Code Section 40-6-66 unless the person can show that he prevailed at a hearing which was held in accordance with aubacction (d) of Code Section 40-6-66 unless the license is in suspension for any other offense, in which case the court shall forward the license to the Department of Public Safety for disposition?1
Section 6. Said title is further amended by adding new Code Sections 40-5-67.1 and 405-67.2 to read as follows:
"40-5-67.1. (a) The test or tests required under Code Section 40-5-55 shall be adminis tered as soon as possible at the request of a law enforcement officer having reasonable grounds to believe that the person has been driving or was in actual physical control of a moving motor vehicle upon the highways or elsewhere throughout this state in violation of Code Section 40-6-391 and the officer has arrested such person for a violation of Code Sec tion 40-6-391, any federal law in conformity with Code Section 40-6-391, or any local ordi nance which adopts Code Section 40-6-391 by reference or the person has been involved in a traffic accident resulting in serious injuries or fatalities. Subject to Code Section 40-6-392, the requesting law enforcement officer shall designate which test shall be administered, pro vided that the officer shall require a breath test or a blood test and may require a urine test.
(b) At the time a chemical test or tests are requested, the person shall be informed by the arresting officer that:
(1) Georgia law requires the person to submit to a test to determine if the person is under the influence of alcohol or other drugs;
(2) If the testing is refused, the person's driver's license or right to drive will be sus pended for a period of one year or, if the person is under age 18, for a period of one year or until the age of 18, whichever is greater, or, if the vehicle is a commercial vehicle, the person will be disqualified from operating a commercial motor vehicle for a minimum period of one year;
(3) If a test is performed and the results indicate a blood alcohol concentration of 0.10 grams or more, the driver's license or right to drive may be suspended for a minimum period of one year or, for a person under the age of 18, a blood alcohol concentration of 0.06 grams or more, the person's driver's license or right to drive will be suspended for a minimum period of one year or until the age of 18, whichever is greater, and if the vehicle was a commercial motor vehicle and the test results indicate the presence of any alcohol, the per son will be issued an out-of-service order and will be prohibited from operating a motor vehicle for 24 hours, and if the results indicate a blood alcohol concentration of 0.04 grams

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or more, the person will be disqualified from operating a commercial motor vehicle for a minimum period of one year;
(4) After submitting to the required testing, the person shall be entitled to obtain an additional test or tests at the expense of such person; and
(5) The refusal to submit to a test may be offered into evidence against the person at trial.
Failure to provide any notice required under this subsection shall not invalidate the suspen sion pursuant to this Code section of any driver's license.
(c) If a person under arrest or a person who was involved in any traffic accident result ing in serious injuries or fatalities submits to a chemical test upon the request of a law enforcement officer and the test results and a review of the driver's prior driving record indicate that a suspension or disqualification is required under this Code section, the results shall be reported to the department, such review of the driver's record shall be completed at the time of such arrest or accident or within the ten-day period prior to submission of the sworn report to the department. Upon the receipt of a sworn report of the law enforcement officer that the officer had reasonable grounds to believe the arrested person had been driv ing or was in actual physical control of a moving motor vehicle upon the highway or else where throughout this state in violation of Code Section 40-6-391 or that such person had been driving or was in actual physical control of a moving motor vehicle upon the highways or elsewhere throughout this state and was involved in a traffic accident involving serious injuries or fatalities and that the person submitted to a chemical test at the request of the law enforcement officer and the test results indicate either a blood alcohol concentration of 0.10 grams or more or, for a person under the age of 18, a blood alcohol concentration of 0.06 grams or more, the department shall suspend the person's driver's license, permit, or nonresident operating privilege pursuant to Code Section 40-5-67.2, subject to review as provided for in this chapter. A person's license shall not be administratively suspended for the first time pursuant to the immediately preceding sentence unless, in addition to any other requirement for that suspension, that person's license has previously been administra tively suspended or the person has been convicted of or had a plea of nolo contendere ac cepted within the previous five years, as measured from the dates of previous arrest for which a suspension was obtained to the date of the current arrest, to a charge of violating any provision of this chapter for which any test may be required under Code Section 40-555. Upon the receipt of a sworn report of the law enforcement officer that the arrested person had been operating or was in actual physical control of a moving commercial motor vehicle and the test results indicate a blood alcohol concentration of 0.04 grams or more, the department shall disqualify the person from operating a motor vehicle for a minimum pe riod of one year.
(d) If a person under arrest or a person who was involved in any traffic accident result ing in serious injuries or fatalities refuses, upon the request of a law enforcement officer, to submit to a chemical test designated by the law enforcement officer as provided in subsec tion (a) of this Code section, no test shall be given; but the law enforcement officer shall report the refusal to the Department of Public Safety. Upon the receipt of a sworn report of the law enforcement officer that the officer had reasonable grounds to believe the arrested person had been driving or was in actual physical control of a moving motor vehicle upon the highways or elsewhere throughout this state in violation of Code Section 40-6-391 or that such person had been driving or was in actual physical control of a moving motor vehi cle upon the highways or elsewhere throughout this state and was involved in a traffic acci dent which resulted in serious injuries or fatalities and that the person had refused to sub mit to the test upon the request of the law enforcement officer, the department shall suspend the person's driver's license, permit, or nonresident operating privilege for a period of one year or if the person was operating or in actual physical control of a commercial motor vehicle, the department shall disqualify the person from operating a commercial mo tor vehicle and shall suspend the person's driver's license, permit, or nonresident operating privilege, subject to review as provided for in this chapter.

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(e) If the person is a resident without a driver's license, commercial driver's license, or permit to operate a motor vehicle in this state, the department shall deny issuance of a license or permit to such person for the same period provided in subsection (c) or (d) of this Code section, whichever is applicable, for suspension of a license or permit or disqualifica tion to operate a commercial motor vehicle subject to review as provided for in this chapter.
(f) (1) The law enforcement officer, acting on behalf of the department, shall personally serve the notice of intention to suspend or disqualify the license of the arrested person or other person refusing such test on such person at the time of the person's refusal to submit to a test or at the time at which such a test and review of the driver's prior driving record indicates that suspension or disqualification is required under this Code section. The law enforcement officer shall take possession of any driver's license or permit held by any person whose license is subject to suspension pursuant to subsection (c) or (d) of this Code section, if any, and shall issue a 20 day temporary permit. The officer shall forward the person's driver's license to the department along with the notice of intent to suspend or disqualify and the sworn report required by subsection (c) or (d) of this Code section within ten calen dar days after the date of the arrest of such person. This paragraph shall not apply to any person issued a 180 day temporary permit pursuant to subsection (b) of Code Section 40-567. The failure of the officer to transmit the sworn report required by this Code section within ten calendar days shall not prevent the Department of Public Safety from accepting such report and utilizing it in the suspension of a driver's license as provided in this Code section.
(2) If notice has not been given by the arresting officer, the department, upon receipt of the sworn report of such officer, shall suspend the person's driver's license, permit, or non resident operating privilege or disqualify such person from operating a motor vehicle and, by regular mail, at the last known address, notify such person of such suspension or disqual ification. The notice shall inform the person of the grounds of suspension or disqualification, the effective date of the suspension or disqualification, and the right to review. The notice shall be deemed received three days after mailing.
(g) (1) A person whose driver's license is suspended or who is disqualified from operat ing a commercial motor vehicle pursuant to this Code Section shall request, in writing, a hearing within five calendar days from the date of personal notice or receipt of notice sent by certified mail, return receipt requested or the right to said hearing shall be deemed waived. Within 30 days after receiving a written request for a hearing, the department shall hold a hearing as is provided in Chapter 13 of Title 50, the 'Georgia Administrative Proce dure Act.' The hearing shall be recorded.
(2) The scope of the hearing shall be limited to the following issues:
(A) Whether the law enforcement officer had reasonable grounds to believe the person was driving or in actual physical control of a moving motor vehicle while under the influence of alcohol or a controlled substance and was lawfully placed under arrest for violating Code Section 40-6-391; or
(B) Whether the person was involved in a motor vehicle accident or collision resulting in serious injury or fatality; and
(C) Whether at the time of the request for the test or tests the officer informed the person of the person's implied consent rights and the consequence of submitting or refusing to submit to such test; and
(D) Whether the person refused the test; or
(E) Whether a test or tests was administered and the results indicated a blood alcohol concentration of 0.10 grams or more or, for a person under the age of 18, a blood alcohol concentration of 0.06 grams or more or, for a person operating or having actual physical control of a commercial motor vehicle, a blood alcohol concentration of 0.04 grams or more; and
(F) Whether the test or tests were properly administered by an individual possessing a

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valid permit issued by the Division of Forensic Sciences of the Georgia Bureau of Investiga tion on a machine approved by the Division of Forensic Sciences or a test conducted by the Division of Forensic Sciences. A copy of the operator's permit showing that the operator has been trained on the particular type of machine used and one of the original copies of the test results or, where the test is performed by the Division of Forensic Sciences, a copy of the crime lab report shall satisfy the requirements of this subparagraph.
(3) The hearing officer shall, within five calendar days after such hearing, forward a decision to the department to rescind or sustain the driver's license suspension or disqualifi cation. If no hearing is requested within the five calendar days specified above, the right to a hearing shall have been waived. The request for a hearing shall not stay the suspension of the driver's license.
(h) If the suspension is sustained after such a hearing, the person whose license has been suspended under this Code section shall have a right to file for a judicial review of the department's final decision, as provided for in Chapter 13 of Title 50, the 'Georgia Adminis trative Procedure Act'; while such appeal is pending, the order of the department shall not be stayed.
(i) Subject to the limitations of this subsection, any law enforcement officer who attends a hearing provided for by subsection (i) of this Code section for the purpose of giving testi mony relative to the subject of such hearing shall be compensated in the amount of $20.00 for each day's attendance at such hearing. In the event a law enforcement officer gives testi mony at two or more different hearings on the same day, such officer shall receive only $20.00 for attendance at all hearings. The compensation provided for in this subsection shall not be paid to any law enforcement officer who is on regular duty or who is on a lunch or other break from regular duty at the time the officer attends any such hearing. The compen sation provided for by this subsection shall be paid to the law enforcement officer by the department from department funds at such time and in such manner as the Board of Public Safety shall provide by rules or regulations of said board. The Board of Public Safety shall also require verification of a law enforcement officer's qualifying to receive the payment authorized by this subsection by requiring the completion of an appropriate document in substantially the following form:
IMPLIED CONSENT HEARING ATTENDANCE RECORD
OFFICER:______________________S.S. No.______________________

ADDRESS: ________________________________________________

Street

City

State

ZIP Code

DATE:

TIME:

A.M.

CASE: ___________________________________________________ This is to certify that the police officer named above attended an implied consent hear
ing as a witness or complainant on the date and time shown above.
HEARING OFFICER:__________________TITLE:__________________
I certify that I appeared at the implied consent hearing described above on the date and time shown above and that I was not on regular duty at the time of attending the hearing and that I have not received and will not receive compensation from my regular employer for attending the hearing.
Signature of officer:___________________
APPROVED FOR PAYMENT:____________ Comptroller.
40-5-67.2. (a) Any driver's license required to be suspended under subsection (c) of Code Section 40-5-67.1 shall be suspended subject to the following terms and conditions:
(1) Upon the first suspension pursuant to subsection (c) of Code Section 40-5-67.1

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3437

within the previous five years, as measured from the dates of previous arrests for which a suspension was obtained to the date of the current arrest for which a suspension is obtained, the period of suspension shall be for three years. One hundred and twenty days following the expiration of the 20 day temporary driving permit, the person may apply to the Depart ment of Public Safety for reinstatement of his driver's license. Such license shall be rein stated if such person submits proof of completion of a DUI Alcohol or Drug Use Risk Re duction Program approved by the Department of Human Resources and pays a restoration fee of $210.00 or $200.00 when processed by mail. A driver's license suspended pursuant to Code Section 40-5-67.1 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 ap proved by the Department of Human Resources and pays the prescribed restoration fee.
(2) Upon the second or subsequent suspension pursuant to subsection (c) of Code Sec tion 40-5-67.1 within five years, as measured from the dates of previous arrests for which suspensions were obtained to the date of the current arrest for which a suspension is ob tained, the period of suspension shall be for five years. The driver may apply for a proba tionary license pursuant to Code Section 40-5-58 after the expiration of two years from the expiration of the 20 day temporary permit.
(b) An administrative license suspension pursuant to Code Section 40-5-67.1 shall run concurrently with any revocation of such driver's license pursuant to a subsequent determi nation that such person is a habitual violator.
(c) 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 $210.00 or $200.00 when processed by mail."
Section 7. Said title is further amended by striking Code Section 40-5-68, relating to suspension of a driver's license by operation of law for failure to complete the required program, in its entirety and inserting in lieu thereof a new Code Section 40-5-68 to read as follows:
"40-5-68. (a) The driver's license of any person whose plea of nolo contendere to a charge of violating Code Section 40-6-391 was accepted as provided in Code Section 40-6391.1 but who fails to complete a DUI Alcohol or Drug Use Risk Reduction Program ap proved by the Department of Human Resources by the date specified in the court's order issued pursuant to Code Section 40-6-391.1 shall by operation of law be suspended on such date. Such license shall be suspended for a period of one year from such date. At any time after suspension begins, the person may apply to the Department of Public Safety for rein statement of his driver's license. Such license shall be reinstated only if the 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 $36.00 or $26.00 $210.00 or $200.00 when such reinstatement is processed by mail.
(b) Any person whose driver's license has been suspended by operation of law as pro vided in subsection (a) of this Code section shall immediately return such license to the department. It shall be unlawful for any person to operate any motor vehicle in this state after such person's driver's license has been suspended under this Code section, if such per son has not thereafter obtained a valid driver's license."
Section 8. Said title is further amended by striking Code Section 40-5-69, relating to circumstances not affecting suspensions by operation of law, in its entirety and inserting in lieu thereof a new Code Section 40-5-69 to read as follows:
"40-5-69. If a person's driver's license is suspended by operation of law as provided in Code Section 40-5-63, 40-5-67.1, 40-5-67.2, or Code Section 40-5-68, the fact that the per son's driver's license was not physically surrendered to the law enforcement officer at the time the person was charged with violating Code Section 40-6-391 or that the person's driver's license was not retained by the court and forwarded to the Department of Public

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JOURNAL OF THE SENATE

Safety as provided in Code Section 40-5-67 or that the person's driver's license was not forwarded as provided in Code Section 40-5-72 shall not affect such suspension."
Section 9. Said title is further amended by striking Code Section 40-5-81, relating to the optional nature of certain driver improvement programs, in its entirety and inserting in lieu thereof a new Code Section 40-5-81 to read as follows:
"40-5-81. (a) Thia article ia intended to provide an additional method for the rcatorotion of the licenses of those persons whose drivers' liccnaca have been suspended or revoked pursuant to the lawa of thia state. Acceptance of the provisions of this article ahull be volun tary on the part of each driver within thia state, and no driver shall be compelled to partici pate in the driver improvement program established under this article. This article shall not affect the power of any court to require attendance at any course or driver improvement program to which the court could otherwise require attendance. Compliance with thia article ahall be an alternative method by which a driver may have hia license rcatorcd after it has been suopcndcd or revoked by the department and shall be in addition to the methods provided for the restoration of a driver's license or the issuance of a limited driving permit by Article 3 of this chapter.
(b) Whenever any person is authorized or required to attend a driver improvement clinic or program DUI Alcohol or Drug Use Risk Reduction Program as a condition of any sentence imposed under this title or any ordinance enacted pursuant to this title or as a condition of the retention or restoration of his driving privilege, such person, in complying with such condition, shall be authorized to attend any driver improvement clinic or program DUI Alcohol or Drug Use Risk Reduction Program certified under this article; and no judicial officer, probation officer, law enforcement officer, or other officer or employee of a court shall specify, directly or indirectly, a particular driver improvement clinic or program DUI Alcohol or Drug Use Risk Reduction Program which the person may or shall attend. This Code section shall not prohibit any judicial officer, probation officer, law enforcement officer, or other officer or employee of a court from furnishing any person, upon request, the names of certified driver improvement clinics or programs DUI Alcohol or Drug Use Risk Reduc tion Programs."
Section 10. Said title is further amended by striking Code Section 40-5-85 which reads as follows:
"40-5-85. (a) The license of any person whose license is suspended for the first time as a result of the commission of the offense of driving or being in actual physical control of a motor vehicle in violation of Code Section 40-6-391 shall be reinstated as provided in Code Section 40-5-63 or 40-5-68.
(b) The license of any person whose license is suspended for the second time as a result of the commission of the offense of driving or being in actual physical control of a motor vehicle in violation of Code Section 40-6-391 shall be reinstated as provided in Code Section 40-5-63.",
in its entirety and inserting in lieu thereof the following:
"40-5-85. Repealed."
Section 11. Said title is further amended by striking Code Section 40-5-153, relating to implied consent to a chemical test, in its entirety and inserting in lieu thereof a new Code Section 40-5-153 to read as follows:
"40-5-153. (a) Any person who drives a commercial motor vehicle anywhere in the state shall be deemed to have given consent, subject to the provisions of Code Sections 40-5-55 and 40-6-392, to a test or tests of that person's blood, breath, or urine for the purpose of determining that person's alcohol concentration or the presence of other drugs.
(b) A test or tests may be administered at the direction of a law enforcement officer who, after stopping or detaining the commercial motor vehicle driver, has probable cause to believe that driver was driving a commercial motor vehicle while having any measurable alcohol in his or her system.

TUESDAY, MARCH 31, 1992

3439

(c) A person requested to submit to a test as provided in subsection (a) of this Code section must be warned by the law enforcement officer requesting the test that a refusal to submit to the test will result in that person's being disqualified from operating a commercial motor vehicle for one year under Code Section 40-5-151 and from operating a private motor vehicle as provided in Code Section 40-6-66 40-5-67.1.
(d) If the person refuses testing, the law enforcement officer must submit an affidavit to the Department of Public Safety within ten days of such refusal certifying that the test was requested pursuant to subsection (a) of this Code section and that the person refused to submit to testing.
(e) Upon receipt of the affidavit submitted by a law enforcement officer under subsec tion (d) of this Code section, the Department of Public Safety must disqualify the driver from driving a commercial motor vehicle for a period of one year as provided under Code Section 40-5-151 and, if the driver refused testing, from operating a private motor vehicle as provided under Code Section 40-6-66 40-5-67.1. If the driver is in possession of a driver's license, the officer shall take possession of the license and attach it to the affidavit."
Section 12. Said title is further amended by striking Code Section 40-6-391.1, relating to entry of a plea of nolo contendere, in its entirety and inserting in lieu thereof a new Code Section 40-6-391.1 to read as follows:
"49-6-391.1. (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 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 an approved 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 tem porary 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 an approved 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 suspended until the defendant completes such program.
(e) The record of the disposition of the case, including the ruling required in subsection

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JOURNAL OF THE SENATE

(c) of this Code section, shall be forwarded to the Department of Public Safety aa required in subsection (e) of Code Section 40 6 67 within ten days after disposition.
(f) If a plea of nolo contendere is accepted under the conditions set forth in subsection (b) of this Code section and the defendant's driver's license has not been suspended under any other provision of this Code and if the defendant has not been convicted of or has not had a plea of nolo contendere accepted to a charge of violating Code Section 40-6-391 within the previous five 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 {e} (b) of this Code Section 40-6-67."
Section 13. Said title is further amended by striking paragraph (2) of subsection (a) of Code Section 40-6-392, relating to chemical tests for alcohol in blood, in its entirety and inserting in lieu thereof a new paragraph (2) to read as follows:
"(2) When a person shall undergo a chemical test at the request of a law enforcement officer under Code Section 40'6-66, only a physician, registered nurse, laboratory technician, emergency medical technician, or other qualified person may withdraw blood for the pur pose of determining the alcoholic content therein, provided that this limitation shall not apply to the taking of breath or urine specimens. No physician, registered nurse, or other qualified person or employer thereof shall incur any civil or criminal liability as a result of the medically proper obtaining of such blood specimens when requested in writing by a law enforcement officer;".
Section 14. Chapter 9 of Title 33 of the Official Code of Georgia Annotated, relating to regulation of insurance rates, underwriting rules, and related organizations, is amended by striking subsection (c) of Code Section 33-9-43, relating to insurance premium reductions for named drivers under 25 years of age, in its entirety and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) An insurer shall not be required to offer the premium reduction provided in sub section (a) of this Code section to a driver who, at any time within a period of three years prior to the beginning of the policy year during which that reduction is otherwise required, has:
(1) Been involved in any motor vehicle accident in which that person has been deter mined to have been at fault;
(2) Been finally convicted of, pleaded nolo contendere to, or been found to have com mitted a delinquent act constituting any of the following offenses:
(A) Any serious traffic offense described in Article 15 of Chapter 6 of Title 40;
(B) Any traffic offense for which three or more points may be assessed pursuant to Code Section 40-5-57; or
(C) Any felony or any offense prohibited pursuant to Chapter 13 of Title 16, relating to dangerous drugs, marijuana, and controlled substances; or
(3) Had that person's driver's license suspended for refusal to submit to chemical tests pursuant to Code Section 40-6-66 40-5-67.1 and that suspension has not been reversed, if appealed from."
Section 15. Reserved.
Section 16. This Act shall become effective on January 1, 1993.
Section 17. All laws and parts of laws in conflict with this Act are repealed.
Senator Dawkins of the 45th moved that the Senate adopt the Conference Committee report on SB 489.
On the motion, a roll call was taken, and the vote was as follows:

TUESDAY, MARCH 31, 1992

3441

Those voting in the affirmative were Senators:

Alien Baldwin Bishop Bowen Burton Clay Collins DDaewankins
Echols Edge
Egan English Foster
Gillis

Hammill Harris Hasty Henson Hill Hooks Johnson KMiadrdable
Newbill Perdue
Perry Phillips Pollard
Ragan of 10th

Ragan of 32nd Ramsey Ray Robinson Scott Starr Tate _T,hompson
Timmons Turner
Tysinger Walker of 22nd Walker of 43rd
White

Those not voting were Senators:

Albert Broun of 46th Brown of 26th Coleman

Deal (presiding) Garner Huggins Langford

Moye Shumake Steinberg Taylor

On the motion, the yeas were 44, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on SB 489.

The following bill of the House was taken up for the purpose of considering the Confer ence Committee report thereon:

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.

The Conference Committee report on HB 1812 was as follows:
The Committee of Conference on HB 1812 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference substitute to HB 1812 be adopted.
Respectfully submitted,

FOR THE SENATE:
/s/ Harrill L. Dawkins Senator, 45th District
/s/ Sallie Newbill Senator, 56th District
/s/ Richard 0. Marable Senator, 52nd District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Thomas M. Kilgore Representative, 42nd District
/s/ Suzi Herbert Representative, 76th District
/s/ Denmark Groover Representative, 99th District

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JOURNAL OF THE SENATE

Conference Committee substitute to HB 1812:
A BILL
To be entitled an Act to amend Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to teachers and other school personnel, so as to provide for legislative intent; to provide for definitions; to provide for appeals; to provide for com plaints; to provide for minimum requirements; to provide for complaint policies; to provide for applicability; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to teachers and other school personnel, is amended by adding immediately follow ing Part 10 a new Part 11 to read as follows:
"Part 11
20-2-989.5. (a) It is the intent of this part to resolve problems at the lowest possible organizational level with a minimum of conflict and formal proceedings so that good morale may be maintained, effective job performance may be enhanced, and the citizens of the community may be better served. These procedures require local units of administration to implement a simple, expeditious, and fair process for resolving problems at the lowest ad ministrative level.
(b) It shall be the duty of all local units of administration to adopt a complaints policy for certified personnel that shall contain the definitions and standards provided in this part.
20-2-989.6. As used in this part, the term:
(1) 'Administrator' means the individual at each level designated by the local unit of administration to preside over and make decisions with respect to complaints.
(2) 'Central office administrator' means the local school system superintendent or the director of a Regional Education Service Agency (RESA).
(3) 'Complaint' means any claim by a certified employee of any local unit of administra tion who is affected in his or her employment relationship by an alleged violation, misinter pretation, or misapplication of statutes, policies, rules, regulations, or written agreements of the local unit of administration with which the local unit of administration is required to comply.
(4) 'Local unit of administration' means the local board of education or the local board of control of a RESA.
20-2-989.7. (a) The performance ratings contained in personnel evaluations and profes sional development plans pursuant to Code Section 20-2-210 and job performance shall not be subject to complaint under the provisions of this part. The termination, nonrenewal, demotion, suspension, or reprimand of any employee, as set forth in Code Section 20-2-940, and the revocation, suspension, or denial of certificates of any employee, as set forth in Code Section 20-2-790, shall not be subject to complaint under the provisions of this part.
(b) A certified employee who chooses to appeal under Code Section 20-2-1160 shall be barred from pursuing the same complaint under this part.
20-2-989.8. Local units of administration shall establish a complaint policy that shall include the following:
(1) A statement that a complaint by the certified employee at the initial level shall be in writing and shall clearly state the intent of the employee to access the complaints policy. All certified employees shall request in writing successive levels of review;
(2) A method and time frame for filing complaints and appeals, including successive

TUESDAY, MARCH 31, 1992

3443

levels of appeal from the complainant's immediate supervisor to the central office adminis trator to the local unit of administration, provided that the complainant shall be entitled to file a complaint within ten days from the most recent incident upon which the complaint is based, and provided that the complainant shall have a minimum of ten days to file an ap peal at any level up to and including the local unit of administration, and provided that the total time frame shall not exceed 60 days from the initiation of the complaint until notifica tion to the complainant of the decision rendered by the local unit of administration;
(3) A statement setting forth the manner in which notice of the initial hearing and appeals shall be given;
(4) A statement that the complainant shall be entitled to an opportunity to be heard, to present relevant evidence, and to examine witnesses at each level;
(5) A provision whereby the complainant is entitled to the presence of an individual of his or her choice to assist in the presentation of the complaint to the central office adminis trator and at the local unit of administration level. The policy shall also include a provision whereby the presence of any individual other than the complainant and the administrator at any lower level is specifically prohibited. At the local unit of administration level nothing shall prevent the local unit from having an attorney present to serve as the law officer who shall rule on issues of law and who shall not participate in the presentation of the case for the administrator or the complainant;
(6) Provisions for keeping an accurate record of the proceedings at each level, requiring the proceedings to be recorded by mechanical means, preserving all evidence, and requiring that these be made available at all times to the parties involved but which provisions do not permit the presence of a third person at any level below the central office administrator or local unit of administration level;
(7) A statement that the complainant cannot present additional evidence at each level of the complaint process unless it is submitted in writing by the complainant five days prior to the set date for the Level II and Level III hearing to the administrator presiding over the complaint. The board of the local unit of administration, when hearing an appeal from a prior complaint level, shall hear the complaint de novo;
(8) A statement that each decision be made in writing and dated. Each decision shall contain findings of fact and reasons for the particular resolution reached. The decision reached at each complaint level shall be sent to the complainant by certified mail or hand delivered by a person designated by the central office administrator within 20 days of the decision;
(9) A statement that any complaint not processed by the administrator or the local unit of administration within the time frames required by the local complaint procedure and this part shall be forwarded to the next level of the complaint procedure;
(10) A provision that all costs and fees shall be borne by the party incurring them unless otherwise agreed upon by the parties involved, except that the cost of preparing and preserving the record of the proceedings shall be borne by the local board of education; and
(11) A statement that a complainant shall not be the subject of any reprisal as a result of filing a complaint under this part. Should any reprisal occur, the complainant may refer the matter to the Professional Practices Commission.
20-2-989.9. Nothing in this part shall be construed to prevent a local unit of administra tion from adopting supplemental rules and policies not inconsistent with this part that grant additional substantive and procedural rights to the complainant with respect to this part.
20-2-989.10. Nothing in this part shall be construed to permit or foster collective bar gaining as part of the state rules or local unit of administration policies.
20-2-989.11. Appeals from the decision of the local unit of administration to the Georgia Board of Education shall be governed by state board policy and Code Section 20-2-1160."

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JOURNAL OF THE SENATE

Section 2. All laws and parts of laws in conflict with this Act are repealed.

Senator Dawkins of the 45th moved that the Senate adopt the Conference Committee report on HB 1812.

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

Those voting in the affirmative were Senators:

Alien Baldwin
Bishop Broun of 46th Brown of 26th
X ,y ~DLoalfwl.mmkisanns j)ean Echols Edge Egan English Foster Garner

Gillis Hammill
Harris Hasty Henson
Hill H"TTouuogkgsl ns Johnson Kidd Langford Marable Newbill Perdue Perry

Phillips Pollard
Ragan of 10th Ragan of 32nd Ramsey
Ray R^o,toabrirnson Tate Thompson Timmons Turner Tysinger Walker of 43rd White

Voting in the negative was Senator Burton.

Those not voting were Senators:

Albert Bowen Deal (presiding)

Moye Scott Shumake

Steinberg Taylor Walker of 22nd

On the motion, the yeas were 46, nays 1; the motion prevailed, and the Senate adopted the Conference Committee report on HB 1812.

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

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.
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:

Alien Bishop Broun of 46th Brown of 26th

Clay Collins Dawkins Dean

Echols Edge English Gillis

TUESDAY, MARCH 31, 1992

3445

Hammill Harris Hasty Henson Hill Hooks Huggins Johnson

Kidd Marable Newbill Perry Pollard Ragan of 10th Ramsey Ray

Robinson Scott Starr Tate Timmons Turner Tysinger

Those voting in the negative were Senators:

Burton Foster

Phillips Ragan of 32nd

Walker of 43rd White

Those not voting were Senators:

Albert Baldwin Bowen Coleman Deal (presiding)

Egan Garner Langford Moye Perdue

Shumake Steinberg Taylor Thompson Walker of 22nd

On the adoption of the resolution, the yeas were 35, nays 6.

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 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 155. By Senators Scott of the 36th, Foster of the 50th and Kidd of the 25th:
A bill to amend Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to students and school attendance, so as to change the maxi mum age at which a child is required to be enrolled in a public school, private school, or home study program; to change the provisions relating to exemptions from compulsory attendance; to provide for an effective date.

The Speaker has appointed on the part of the House, Representatives Herbert of the 76th, Porter of the 119th and Kilgore of the 42nd.

The House has discharged Conference Committee #1 and has appointed Conference Committee #2 on 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 Speaker has appointed on the part of the House, Representatives Groover of the 99th, Abernathy of the 39th and Bostick of the 138th.

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JOURNAL OF THE SENATE

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 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.
The Speaker has appointed on the part of the House, Representatives Dixon of the 151st, Wilder of the 21st and Powell of the 145th.
The House adheres to its position in insisting on its substitute, and has appointed a Committee of Conference to confer with a like committee on the part of the Senate on the following bill of the Senate:
SB 505. By Senators Broun of the 46th, Bowen of the 13th and Foster of the 50th:
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 Speaker has appointed on the part of the House, Representatives Jackson of the 9th, Parham of the 105th and Harris of the 84th.
The House recedes from its position in amending the following bill of the Senate:
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 House has agreed to the Senate amendment, as amended by the House, to the following bill of the House:
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".

TUESDAY, MARCH 31, 1992

3447

The House has passed, as amended, by the requisite constitutional majority the follow ing bill of the Senate:
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.
The House has passed, by substitute, by the requisite constitutional majority the fol lowing bills of the Senate:
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 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 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 House insists on its position in amending the Senate substitute to the following bill of the House:
HB 2143. By Representative Morsberger of the 62nd: A bill to amend an Act creating a new charter for the City of Lilburn, so as to change the corporate limits of the city.
The following resolution of the House, favorably reported by the committee, was read the third time and put upon its adoption:
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. Senate Sponsor: Senator Hammill of the 3rd.
Senators Echols of the 6th and Hammill of the 3rd offered the following amendment:
Amend HR 789 by striking line 29, page 3, beginning "The Governor" through "as Chairman" on line 1, page 4, and in its place insert:
"The Governor shall designate one of the legislative members as its Chairman."
On the adoption of the amendment, the yeas were 39, nays 0, and the amendment was adopted.

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JOURNAL OF THE SENATE

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:

Alien Baldwin Bishop Broun of 46th Burton
CX ,?yman
DawZs Dean Echols Edge English Foster Garner Gillis Hammill

Harris Hasty Henson Hill Hooks
JHouhgngsionns
fiddf . Langford Marable Moye Newbill Perdue Perry Phillips Pollard

Ragan of 10th Ragan of 32nd Ramsey Ray Robinson
SSctaortrt
S^* Tate Taylor Thompson Timmons Turner Tysinger Walker of 43rd White

Those not voting were Senators:

Albert Bowen Brown of 26th

Deal (presiding) Egan

Shumake Walker of 22nd

On the adoption of the resolution, the yeas were 49, nays 0.

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

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

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 House substitute to SB 787 was as follows:

A BILL
To be entitled an Act 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 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 15-18-14 of the Official Code of Georgia Annotated, relating to assistant district attorneys and their appointment, qualifications, and compensation, is

TUESDAY, MARCH 31, 1992

3449

amended by striking paragraph (3.1) in its entirety and inserting in lieu thereof a new para graph (3.1) to read as follows:
"(3.1) 'LL.M. degree' means a master's in law awarded:
(A) By a law school recognized by the State Bar of Georgia from which a graduate of or student enrolled therein is permitted to take the bar examination; or
(B) By fey a law school accredited by the American Bar Association and or the Associa tion of American Law Schools; in a field of study which has been approved by the Prooccuting Attorneys' Council of Georgia.
provided, however, that the course of study in law schools described in subparagraph (A) of this paragraph shall at least be equivalent in terms of hours and subject matter as the course of study offered in law schools described in subparagraph (B) of this paragraph, and the course of study offered in all law schools described in this paragraph shall have been approved by the Prosecuting Attorneys' Council of Georgia."
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 Edge of the 28th moved that the Senate agree to the House substitute to SB 787.

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

Those voting in the affirmative were Senators:

Alien Baldwin Bishop Broun of 46th Burton Clay Collins Dawkins Dean Edge Egan English Foster

Gillis Harris Hasty Henson Hill Hooks Huggins Langford Marable Moye Newbill Perry Phillips

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

Those not voting were Senators:

Albert Bowen CBorolewmnanof 26th
Deal (presiding)
Echols

Garner (excused conferee) Hammill JKoihdndson (excused conferee)
Perdue
Robinson

Scott Shumake wWa,l,ker ole 0^0nd,
Walker of 43rd
White

On the motion, the yeas were 39, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 787.

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JOURNAL OF THE SENATE

The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House insists on its position in amending the following bill of the Senate:
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 following bill of the House was taken up for the purpose of considering the House action thereon:
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.
Senator Thompson of the 33rd moved that the Senate adhere to its disagreement to the House amendment to the Senate substitute to HB 2015, and that a Conference Committee be appointed.
On the motion, the yeas were 47, nays 0; the motion prevailed, and the Senate adhered to its disagreement to the House amendment to the Senate substitute to HB 2015.
The President appointed as a Conference Committee on the part of the Senate the following:
Senators Deal of the 49th, Thompson of the 33rd and Garner of the 30th.
The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:
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 House substitute to SB 699 was as follows:
A BILL To be entitled an Act to amend Chapter 9 of Title 48 of the Official Code of Georgia Annotated, relating to motor fuel and road taxes, so as to delete certain provisions relating to refunds of state motor fuel taxes to certain employees of foreign governments; to change

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3451

the definition of a motor vehicle with respect to such tax; to provide for the withholding of registration documents from those carriers who have certain outstanding tax, penalty, or fee obligations to the state; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 9 of Title 48 of the Official Code of Georgia Annotated, relating to motor fuel and road taxes, is amended by striking subsections (d) and (e) of Code Section 48-9-10, relating to refunds of motor fuel taxes, and inserting in their place a new subsection (d) to read as follows:
"(d) Every person who ia an employee of a foreign government which has established a consulate in thia atatc shall be entitled to a refund of all of the atatc motor fuel taxes paid on motor fuel for official uae. The person entitled to the refund ahall not be otherwise en gaged in any private occupation for gain in thia state. Refunda paid arc subject to the rules and regulations adopted by the commisaioncf. All applications for refunds ahall be filed with the commissioner within 12 montho from the date of purchase of the motor fuel on which the refund is claimed.
{e} (d) Refunds claimed and paid pursuant to this Code section shall not bear interest."
Section 2. Said chapter is further amended by striking paragraph (3) of Code Section 48-9-30, relating to definitions regarding the road tax on motor carriers, and inserting in its place a new paragraph (3) to read as follows:
"(3) 'Motor vehicle' means any passenger vehicle that has seats for more than 20 pas sengers in addition to the driver; and any road tractor, any truck tractor, and any truck having more than two axles when the motor vehicle ia propelled by motor fuel vehicle or combination of vehicles used, designed, or maintained for transportation of property and having two axles and a gross vehicle weight exceeding 26,000 pounds or having three or more axles regardless of weight. The term 'motor vehicle' does not mean:
(A) Any two axle vehicle not exceeding one and one half tons designed for use as a single unit which is occasionally uacd to tow a trailer not for hire,
{B} (A) School buses;
{} (B) Vehicles operated by the state, any political subdivision of the state, or the United Slates; or
{B} (C) Transit buses operated exclusively within this state."
Section 3. Said chapter is further amended by striking subsection (b) of Code Section 48-9-38 of the Official Code of Georgia Annotated, relating to the registration of motor car rier vehicles, and inserting in lieu thereof the following:
"(b) Registration cards and identification markers shall be issued on an annual basis as of January 1 of each year and shall be valid until the next succeeding December 31. The commissioner, in his discretion, may authorize renewal of registration cards and identifica tion markers without the necessity of issuing new cards and markers. All registration cards and identification markers issued by the commissioner shall remain the property of the state and may be recalled for any violation of this article or of the regulations promulgated under this article. The commissioner shall not issue a registration card or an identification marker to any motor carrier who has outstanding motor carrier, motor fuel, sales, or income tax liabilities te or other penalties or fees owed to the Department of Transportation of this state unless the liabilities are being appealed as provided by law."
Section 4. All laws and parts of laws in conflict with this Act are repealed.
Senator Ramsey of the 54th moved that the Senate agree to the House substitute to SB 699.
On the motion, a roll call was taken, and the vote was as follows:

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JOURNAL OF THE SENATE

Those voting in the affirmative were Senators:

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 Hooks Huggins Langford Marable Newbill Perdue Perry

Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Starr Steinberg Tate Taylor Timmons Turner White

Those not voting were Senators:

Albert Bowen Deal (presiding) Garner (excused conferee) Hill

Johnson (excused conferee) Kidd Moye Phillips Scott

Shumake Thompson Tysinger Walker of 22nd Walker of 43rd

On the motion, the yeas were 41, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 699.

The following bill of the House was taken up for the purpose of considering the Confer ence Committee report thereon:

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.

The Conference Committee report on HB 1519 was as follows:
The Committee of Conference on HB 1519 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference substitute to HB 1519 be adopted.
Respectfully submitted,

FOR THE SENATE:
Is/ J. Nathan Deal Senator, 49th District
/s/ Quillian Baldwin, Jr. Senator, 29th District
/s/ Cathey W. Steinberg Senator, 42nd District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Mary Margaret Oliver Representative, 53rd District
/s/ Tommy Chambless Representative, 133rd District
/s/ Charles A. Thomas, Jr. Representative, 69th District

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3453

Conference Committee substitute to HB 1519:
A BILL
To be entitled an Act to amend Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, so as to authorize a trier of fact, in the exercise of sound discretion, to order either or both parents to continue to provide financial assistance to a child who has reached the age of majority to enable a child to complete his or her secondary school education; to provide a time limitation on certain financial assistance; to provide for enforcement of such orders of support; to provide for applicability; to change the provisions relating to parents' obligations to a child; to provide that if the Department of Human Re sources is the petitioner, then no guardian ad litem need be appointed; to provide that ser vices by the Department of Human Resources shall continue despite the fact that public assistance is no longer provided; to provide for fees and cost recovery for child support services; to provide for liability and penalties; to provide that the district attorney shall represent the department in support cases; to provide that in URESA cases the district attorney shall represent the petitioner; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 19 of the Official Code of Georgia Annotated, relating to domestic rela tions, is amended by adding at the end of Code Section 19-6-15, relating to child support in final verdict or decree, new subsections (e) and (f) to read as follows:
"(e) The duty to provide support for a minor child shall continue until the child reaches the age of majority, dies, marries, or becomes emancipated, whichever first occurs; provided, however, that, in any temporary or final order for child support with respect to any proceed ing for divorce, separate maintenance, legitimacy, or paternity entered on or after July 1, 1992, the trier of fact, in the exercise of sound discretion, may direct either or both parents to provide financial assistance to a child who has not previously married or become emanci pated, who is enrolled in and attending a secondary school, and who has attained the age of majority before completing his or her secondary school education, provided that such finan cial assistance shall not be required after a child attains 20 years of age. The provisions for support provided in this subsection may be enforced by either parent or the child for whose benefit the support is ordered.
(f) The provisions of subsection (e) of this Code section shall be applicable only to a temporary order or final decree for divorce, separate maintenance, legitimation, or paternity entered on or after July 1, 1992, and the same shall be applicable to an action for modifica tion of a decree entered in such an action entered on or after July 1, 1992, only upon a showing of a significant change of material circumstances."
Section 2. Said title is further amended by striking in its entirety Code Section 19-7-2, relating to parents' obligations to a child, and inserting in lieu thereof a new Code Section 19-7-2 to read as follows:
"19-7-2. It is the joint and several duty of each parent to provide for the maintenance, protection, and education of his or her child until the child reaches the age of majority, dies, marries, or becomes emancipatedTwhichever first occurs, except as otherwise authorized and ordered pursuant to subsection (e) of Code Section 19-6-15 and except to the extent that the duty of me parent the parents is otherwise or further defined by court order."
Section 3. Said title is further amended by striking subsection (a) of Code Section 19-744, relating to parties and guardian ad litem, and inserting in lieu thereof the following:
"(a) The child shall be made a party to the action. If he the child is a minor, h the child shall be represented by a guardian ad litem appointed by the court. If the Department of Human Resources is the petitioner, and the court determines that no conflict of interest exists, the court need not appoint a guardian. Neither the child's mother nor his the alleged or presumed father may represent the child as guardian ad litem."

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JOURNAL OF THE SENATE

Section 4. Said title is further amended by striking subsection (b) of Code Section 1911-6, relating to enforcement of child support payments and alimony for public assistance recipients, and inserting in lieu thereof the following:
"(b) Whenever a family for whom child support payments services have been collected and distributed under this article provided ceases to receive public assistance, including medical assistance, the department shall continue to provide services and collect such sup port payments from the absent parent in accordance with standards prescribed pursuant to the federal Social Security Act."
Section 5. Said title is further amended by designating the current text of Code Section 19-11-23, relating to authority of the district attorney, as subsection (a) and inserting the following:
"(b) When acting pursuant to subsection (a) of this Code section, the district attorney shall represent the department and the department shall be the sole client of the district attorney."
Section 6. Said title is further amended by adding a new subsection to Code Section 1911-53, relating to representation of a petitioner by the district attorney, to read as follows:
"(c) When acting pursuant to subsection (a) of this Code section, the district attorney shall represent the petitioner to the extent that the interests of the petitioner do not conflict with the interests of the department."
Section 7. All laws and parts of laws in conflict with this Act are repealed.

Senator Steinberg of the 42nd moved that the Senate adopt the Conference Committee report on HB 1519.

On the motion, 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 Burton Clay Coleman Collins Dawkins Dean Echols Edge Egan English Foster

Gillis Hammill Harris Hasty Henson Hill Hooks Huggins Johnson Langford Marable Perry Phillips Pollard

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

Voting in the negative was Senator Alien.

Those not voting were Senators:

Albert Bowen Deal (presiding) Garner

Kidd Moye Newbill Perdue

Ramsey Robinson Shumake Walker of 43rd

On the motion, the yeas were 43, nays 1; the motion prevailed, and the Senate adopted the Conference Committee report on HB 1519.

TUESDAY, MARCH 31, 1992

3455

The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:
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 House substitute to SB 678 was as follows:
A BILL
To be entitled an Act 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 probation officers, parole officers, or certain other supervisory officers of the Department of Corrections shall be exempt from certain provisions of the law for the limited purposes of administering a preliminary urine screen drug test to certain persons; to provide that the Department of Corrections and the State Board of Pardons and Paroles shall develop a procedure for the performance of preliminary urine screen drug tests in accordance with the manufacturer's standards for certification; to provide that such procedure shall include in structions as to a confirmatory test by a licensed clinical laboratory where necessary; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 1 of Title 42 of the Official Code of Georgia Annotated, relating to general provisions concerning penal institutions, is amended by adding at the end thereof a new Code Section 42-1-10 to read as follows:
"42-1-10. (a) Any probation officer, parole officer, or other official or employee of the Department of Corrections who supervises any person covered under the provisions of paragraphs (1) through (7) of this subsection shall be exempt from the provisions of Chapter 22 of Title 31 for the limited purposes of administering a preliminary urine screen drug test to any person who is:
(1) Incarcerated;
(2) Released as a condition of probation for a felony or misdemeanor;
(3) Released as a condition of conditional release;
(4) Released as a condition of parole;
(5) Released as a condition of provisional release;
(6) Released as a condition of pretrial release; or
(7) Released as a condition of control release.
(b) The Department of Corrections and the State Board of Pardons and Paroles shall develop a procedure for the performance of preliminary urine screen drug tests in accor dance with the manufacturer's standards for certification. Probation officers, parole officers, or other officials or employees of the Department of Corrections who are supervisors of any person covered under paragraphs (1) through (7) of subsection (a) of this Code section shall be authorized to perform preliminary urine screen drug tests in accordance with such proce dure. Such procedure shall include instructions as to a confirmatory test by a licensed clinical laboratory where necessary."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

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JOURNAL OF THE SENATE

Senator Baldwin of the 29th moved that the Senate agree to the House substitute to SB 678.

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

Those voting in the affirmative were Senators:

Alien Baldwin
Bishop Broun of 46th Brown of 26th Burton
Clay
Coleman Collins Dawkins
Echols Edge Egan
English Foster

Gillis Hammill
Hasty Henson Hill Hooks
Huggins
Johnson Langford Marable
Moye Newbill Perdue
Perry Phillips

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

Those not voting were Senators:

Albert Bowen
Deal (presiding) Dean

Garner Harris
Kidd Robinson

Shumake Timmons Walker of 43rd

On the motion, the yeas were 45, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 678.

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

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.

Senator Moye of the 34th moved that the Senate adhere to its disagreement to the House amendments to SB 735, and that a Conference Committee be appointed.

On the motion, the yeas were 32, nays 0; the motion prevailed, and the Senate adhered to its disagreement to the House amendments to SB 735.

The President appointed as a Conference Committee on the part of the Senate the following:
Senators Moye of the 34th, Scott of the 36th and Ray of the 19th.

TUESDAY, MARCH 31, 1992

3457

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

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.
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:

Alien Baldwin Bishop Broun of 46th Brown of 26th Burton Clay Coleman CDoafwfiknisns
Dean
Echols
Edge
English
Foster

Hammill Harris Hasty Henson Hill Hooks Huggms Johnson LMaanrgafbolred
Newbill
Perdue
Perry
Phillips
Pollard

Ragan of 10th Ragan of 32nd Ramsey Ray gtarr Steinberg Tate _, rTifhyolmorpson
Timmons
Turner
Tysinger
Walker of 22nd
White

Those not voting were Senators:

Albert Bowen Deal (presiding) Egan

Garner Gillis Kidd Moye

Robinson Scott Shumake 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 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.
Senate Sponsor: Senator Scott of the 36th.

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JOURNAL OF THE SENATE

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

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

Those voting in the affirmative were Senators:

Alien Baldwin Bishop Bowen Broun of 46th Brown of 26th
crton CC,-,oo^llyleimnsan Dawkins Dean Echols Edge English Foster

Hammill Harris Hasty Henson Hm Hookg
Huggins Johnson Langford Marable 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

Those not voting were Senators:

Albert Deal (presiding) Egan Garner

Gillis Kidd Moye

Robinson Shumake Walker of 43rd

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

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

The following resolution of the Senate was read and adopted:

SR 623. By Senators Deal of the 49th, Garner of the 30th, Thompson of the 33rd and others:
A resolution commending Honorable Don Johnson.

The Lieutenant Governor and Senators Deal of the 49th and Garner of the 30th each briefly addressed the Senate regarding Honorable Don Johnson, Senator of the 47th District.

Lieutenant Governor Pierre Howard addressed the Senate as follows:
This Senate has been fortunate to have been engaged in an historic session. I've said to many of you, and I think you agree -- this has been one of the most demanding sessions in recent memory. I've been here twenty years and I know it is the most difficult session that I have ever been through.
It was a strenuous one for many reasons. It was tough because the economy has been bad and money has been short. It was tough because of reapportionment. It was tough be cause of many other pressures that also have been brought to bear on us. But I believe that this Senate has responded in a way that we can be proud of. And I think when you go home, you're going to be able to go home with substantive changes that the people of your district are going to be proud of.

TUESDAY, MARCH 31, 1992

3459

We have just heard the Governor mention many of the items in the Rebound Program, and I'm not going to go over all of those items, but there are a couple of things which originated in the Senate and I think they are of historic proportions.
One is the Ethics Bill. There were many people involved in the Ethics Reform: the Secretary of State's Commission, the Attorney General, and many members of the House and Senate. But this Senate passed what became the standard for negotiations on the Eth ics Bill. I think you will find this state has adopted one of the strongest ethics measures in the entire country. It is going to change the face of Georgia politics for many years to come and that is not hyperbole, that is the flat truth. This Ethics bill will help us restore public confidence in government. The ethics package includes lower caps on campaign contribu tions, full lobbyist disclosure, and a strong and clarified bribery law. In addition, a regulator is banned from accepting contributions from those he regulates. All of these are significant breakthroughs in ethics reform. This is a measure which has historic proportions, it has been supported by the Republicans in this Senate and the Democrats in this Senate, and I am proud of this Senate.
Another issue that we have worked hard on and we can all be proud of is the passage of the River Bill. The River Bill sets up management plans for every major river in this state -- with citizen advisory committees to help create a management plan for those rivers. Our Rivers are the lifeblood of Georgia and this Senate has been extremely instrumental in put ting this bill together.
Another significant piece of legislation is the bill that the Senator from the 42nd worked so hard on, which gives insurance coverage for women and men in this state to have mammograms, pap smears, and tests for prostate cancer. This will save thousands of lives in Georgia and if it had not been for this Senate, I do not believe we ever would have had this bill.
A priority the Senate addressed this year was the dropout problem. I feel we have in stalled innovative programs to help keep kids in school. Other programs which we have been instrumental in establishing include a perinatal epidemology program that's going to help us get the infant mortality rate down. We appropriated money and insisted that it be there for Alzheimer's Resource Caregivers Program to help the families of Alzheimer's victims. We have dramatically increased the amount of money in community care programs for elderly people in this state and that has been a Senate initiative for the past two years. Last sum mer we put $800,000 in the budget and this year we budgeted an additional $200,000 more. We have insisted on more money for rural health care and we have been successful in get ting money in this budget for rural health care in many of your districts. We have spread over $22,700,000 across the state in mental health services that were not previously availa ble. We have insisted on treatment for the chronically mentally ill in many areas of the state that previously had none. And I think those of you who support this have got to be pleased.
We have put teaching positions into the budget for nurse training programs at places which desperately needed them such as Central State and many other hospitals around the state. We put money in the budget for a Family Practice Residency Program at Georgia Baptist Hospital -- a very important initiative.
We held out all through the night, into the morning, through the next day, and on up into the last hour of this session for a 3 percent increase for teachers and I will tell you one thing the teachers of this state know exactly where that increase came from and they appre ciate your support for their raise.
My whole philosophy in state government has been what some people consider a mix ture of two philosophies. One is a conservative philosophy; a philosophy that holds that state government cannot and should not try to solve all problems, but should concentrate on those areas where we are most needed. This Senate body realizes that we have got to down size state government while at the same time shifting our priorities into the areas of the greatest importance to the future of Georgia. This Senate has stood for downsizing govern ment by passing a resolution asking the Governor to reduce the number of state employees

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through attrition by 2 percent a year for the next 3 years, thereby saving the State of Geor gia's taxpayers $225,000,000 per year. We are going to pursue this goal and that is some thing that every one of you can take home and be proud of. We are going to get this govern ment bureaucracy under control. It is not going to be easy, but it is going to be done. Some of it is going to be done after we leave, but we are going to move in that direction.
The other part of my philosophy is that the government ought to generously help cer tain people. Our children, our elderly, our teachers -- those who need and deserve our help should get it; not those who cannot and will not, but those who can't. I think this Senate has been on the cutting edge of human services. This Senate has been able to appropriate money into the budget for pilot programs for foreign language teaching in elementary schools. This is overwhelmingly supported across the state and it is in the budget. We passed Governor Miller's pilot programs for at-risk four-year-olds and if you think that there is something more important in Georgia than that, I want you to reconsider. We can begin to turn the dropout rate around and get these children before the problems develop so that they can become productive members of society.
Another important issue this Senate was sensitive to was a grievance procedure for teachers and every teacher in this state is interested in that.
The budget was an issue, as could be expected in these economic times, and the manner in which Senator Johnson has handled the budget will improve the budget process for years to come.
I am proud of this Senate. I am proud of each and every one of you. I am thankful for the help you have given me in my first two years as Lt. Governor. We've passed for the first time in the history of this state ethics rules for the Senate. You did that. You didn't have to do it; you wanted to do it and you did it. There are only a few legislative bodies in the whole country that have ethics rules and the State of Georgia is one of them. It is a breakthrough. We have had excellent communication and participation in this Senate, and I could not have presided over this Senate for two years without your help. I know that reapportionment has been rough on some of you, and I am sincerely sorry about that, but you have been men about it and you have been women about it. Big Gene Walker, Culver Kidd, Wayne Garner and George Hooks have hung in there and have gotten the best possible reapportionment plan that we could get under the circumstances, and I for one am proud of their service. I am proud to be your President, I am proud of this Senate and thank you so very much for all that you have done for me and for this state. Thank you.
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has passed, by substitute, by the requisite constitutional majority the fol lowing bills of the Senate:
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 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

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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.
SB 81. By Senator Kidd of the 25th:
A bill to amend Code Section 40-5-27 of the Official Code of Georgia Annotated, relating to examination of applicants for drivers' licenses, so as to prohibit the issuance of a driver's license to any person who does not meet certain vision stan dards; to provide an exception.
SB 17. By Senator Kidd of the 25th:
A bill to amend Article 1 of Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to the State Merit System of Personnel Administration, so as to change the provisions relating to the accumulation and utilization of sick leave; to repeal certain provisions relating to disapproval of sick leave and proce dures for contesting disapproval.
The House adheres to its position in insisting on its amendment, and has appointed a Committee of Conference to confer with a like committee on the part of the Senate on the following bill of the Senate:
SB 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 Speaker has appointed on the part of the House, Representatives Davis of the 29th, Buckner of the 72nd and Holmes of the 28th.
The following bill of the House was taken up for the purpose of considering the Confer ence Committee report thereon:
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 Georgia Annotated, relating to the General Assembly, so as to repeal certain pro visions relating to lobbying.
The Conference Committee report on HB 1125 was as follows:
The Committee of Conference on HB 1125 recommends that both the Senate and the

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House of Representatives recede from their positions and that the attached Committee of Conference substitute to HB 1125 be adopted.
Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ J. Nathan Deal Senator, 49th District

/s/ Charles A. Thomas, Jr. Representative, 69th District

/s/ Pete Robinson Senator, 16th District

/s/ Tommy Chambless Representative, 133rd District

/s Jack Hill Senator, 4th District

/s/ Hugh Boyd Pettit III Representative, 19th District

Conference Committee substitute to HB 1125:

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 comprehensive regula tion of the conduct of public officials and lobbyists; to provide for a short title; to change certain provisions relating to contributions from corporations regulated by the Public Ser vice Commission; to prohibit certain regulated entities and certain others acting on their behalf from making contributions to or on behalf of certain elected executive officers or to candidates or campaign committees with respect to such office; to provide for definitions; to prohibit the accepting of certain contributions; to authorize certain voluntary personal con tributions; to change the purposes for which excess campaign contributions may be used; to regulate the acceptance of certain monetary fees or honoraria; to provide for the reporting of certain honoraria in financial disclosure statements; to change certain provisions relating to the reporting of campaign contributions and expenditures; to change certain provisions re lating to certain maximum allowable contributions; to provide for additional regulation of such contributions; to provide for the comprehensive regulation of lobbying; to provide for definitions; to provide for procedures, registration, and applicability; to provide for fees; to provide for lobbyist disclosure reports; to provide for procedures and requirements; to pro vide for the powers, duties, authority, and responsibilities of the State Ethics Commission with respect to the foregoing; to amend Code Section 16-10-2 of the Official Code of Georgia Annotated, relating to the offense of bribery, so as to provide for exclusions and applicabil ity; 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 change certain refer ences to the provisions repealed; 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. This Act shall be known and may be cited as "The Public Officials Conduct and Lobbyist Disclosure Act of 1992."
Section 2. Chapter 5 of Title 21 of the Official Code of Georgia Annotated, known as the "Ethics in Government Act," is amended by striking paragraph (15) of Code Section 21-5-3, relating to the definition of terms used in Chapter 5 of Title 21, the "Ethics in Government Act," and inserting in lieu thereof new paragraphs (14.1) and (15) to read as follows:
"(14.1) 'Public employee' means every person employed by the executive, legislative, or judicial branch of state government, or any department, board, bureau, agency, commission, or authority thereof.
(15) 'Public officer' means:
(A) Every constitutional officer;
(B) Every elected state official;

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(C) The executive head of every state department or agency, whether elected or appointed;
(D) Each member of the General assembly;
(E) The executive director of each state board or authority and the members thereof;
(F) Every elected county official, every elected county or area school superintendent, and every elected member of a county or area board of education; and
(G) Every elected municipal official."
Section 3. Said chapter is further amended by adding a new Code section regulating the acceptance of monetary fees or honoraria, immediately following Code Section 21-5-10, to be designated Code Section 21-5-11, to read as follows:
"21-5-11. (a) No public officer other than a public officer elected state wide shall accept a monetary fee or honorarium in excess of $101.00 for a speaking engagement, participation in a seminar, discussion panel, or other activity which directly relates to the official duties of that public officer or the office of that public officer.
(b) No public officer elected state wide shall accept any monetary fee or honorarium for a speaking engagement, participation in a seminar, discussion panel, or other such activity.
(c) For purposes of this chapter, actual and reasonable expenses for food, beverages, travel, lodging, and registration for a meeting which are provided to permit participation in a panel or speaking engagement at the meeting shall not be monetary fees or honoraria."
Section 4. Said chapter is further amended by striking subsection (f) of Code Section 21-5-30, relating to contributions made to candidates or campaign committees or for recall of a public officer, and inserting in its place a new subsection (f) to read as follows:
"(f) A person acting on behalf of a public utility corporation regulated by the Public Service Commission shall not make, directly or indirectly, any contribution to a political campaign. Any person who knowingly violates this subsection with respect to a member of the Public Service Commission, a candidate for the Public Service Commission, or the cam paign committee of a candidate for the Public Service Commission, shall be guilty of a fel ony 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; and any person who knowingly violates this subsection with respect to any other public officer, a candidate for such other public office, or the campaign committee of a candidate for such other public office, shall be guilty of a misdemeanor."
Section 4A. Said chapter is further amended by striking Code Section 21-5-30.1, relat ing to contributions to the Commissioner of Insurance, and inserting in its place a new Code Section 21-5-30.1 to read as follows:
"21-5-30.1. (a) Except as otherwise provided in this subsection, the definitions set forth in Code Section 21-5-3 shall be applicable to the provisions of this Code section. As used in this Code section, the term:
(1) 'Campaign committee' means the candidate, person, or committee which accepts contributions to bring about the nomination for election or election of an individual to the office of Commissioner of Insurance an elected executive officer.
(2) 'Contribution' means a gift, subscription, membership, loan, forgiveness of debt, ad vance or deposit of money, or anything of value conveyed or transferred for the purpose of influencing the nomination for election or election of an individual to the office of Commis sioner of Insurance an elected executive officer or encouraging the holder of such office to seek reelection. The term 'contribution' shall include the payment of a qualifying fee for and on behalf of a candidate for the office of Commissioner of Insurance an elected execu tive officer and any other payment or purchase made for and on behalf of the holder of the office of Commissioner of Inautaaee an elected executive officer or for or on behalf of a

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candidate for that office when such payment or purchase is made for the purpose of influ encing the nomination for election or election of the candidate and is made pursuant to the request or authority of the holder of such office, the candidate, the campaign committee of the candidate, or any other agent of the holder of such office or the candidate. The term 'contribution' shall not include the value of personal services performed by persons who serve on a voluntary basis without compensation from any source.
(8) 'Industrial loan licensee' means a license as defined by paragraph (3) of Code Sec tion 7-3-3, relating to definitions applicable to Chapter 3 of Title 7, known aa the 'Georgia Industrial Loan Act.'
(4) 'Inaurcf' means an insurer aa defined by paragraph (4) of Code Section 38 ! 2, relat ing to definitions applicable to Title 03, known as the 'Georgia Insurance Code.'
(3) 'Elected executive officer' means the Secretary of State, Attorney General, State Scho'ol Superintendent, Commissioner of Insurance, Commissioner of Agriculture, and Com missioner of Labor.
4& (4) 'Political action committee' means any committee, club, association, partnership, corporation, labor union, or other group of persons which receives donations aggregating in excess of $1,000.00 during a calendar year from persons who are members or supporters of the committee and which distributes these funds as contributions to one or more campaign committees of candidates for public office. Such term does not mean a campaign committee.
(5) 'Regulated entity' means any person who is required by law to be licensed by an elected executive officer or a board under the jurisdiction of an elected executive officer, any person who leases property owned by or for a state department, or any person who engages in a business or profession which is regulated by an elected executive officer or by a board under the jurisdiction of an elected executive officer.
(b) No industrial loan licensee or insurer regulated entity and no person or political action committee acting on behalf of nn industrial loan licensee or inaurcr a regulated entity shall make a contribution to or on behalf of a person holding office as emmiaaionef-ef Insurance an elected executive officer regulating such entity or to or on behalf of a candi date for the office of Gemmiaaioncr of Insurance an elected executive officer regulating such entity or to or on behalf of a campaign committee of any such candidate.
(c) No person holding office as Commiaaioncr of Insurance an elected executive officer and no candidate for the office of Commiaaioncr of Insurance an elected executive officer and no campaign committee of a candidate for the office of Commiaaioncr of Insurance an elected executive officer shall accept a contribution in violation of subsection (b) of this Code section.
(d) Nothing contained in this Code section shall be construed to prevent any person who may be employed by an industrial loan licensee or inaurcr a regulated entity, including a person in whose name a license or lease is held, from voluntarily making a campaign con tribution from that person's personal funds to or on behalf of a person holding office as Commiaaioncr of Insurance an elected executive officer regulating such entity or to or on behalf of a candidate for the office of Gemmiaaioncr of Insurance an elected executive officer regulating such entity or to or on behalf of a campaign committee of any such candidate. It shall be unlawful and a violation of this Code section for any inaurcr or industrial loan licensee regulated entity or other person to require another by coercive action to make any such contribution."
Section 5. Said chapter is further amended by striking paragraph (1) of subsection (b) of Code Section 21-5-33, relating to the disposition of campaign contributions, and inserting in its place a new paragraph to read as follows:
"(1) All contributions received by a candidate or such candidate's campaign committee or a public officer holding elective office in excess of those necessary to defray expenses

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pursuant to subsection (a) of this Code section and as determined by such candidate or such public officer may only be used as follows:
(A) As contributions to any charitable organization described in 26 U.S.C. 170(c) as said federal statute exists on March 1, 1986, and which additionally shall include educational, eleemosynary, and nonprofit organizations;
(B) For Except as otherwise provided in subparagraph (D) of this paragraph, for transferral without limitation to any national, state, or local committee of any political party or to any candidate;
(C) For transferral without limitation to persons making such contributions, not to ex ceed the total amount cumulatively contributed by each such transferee;
(D) For use in future campaigns for ay only that elective office for which those contri butions were received. With respect to contributions held on January 1, 1992, or received thereafter, in the event the candidate, campaign committee, or public officer holding elective office has not designated, prior to receiving contributions to which this Code section is ap plicable, the office for which campaign contributions are received thereby, those contribu tions shall be deemed to have been received for the elective office which the candidate held at the time the contributions were received or, if the candidate did not then hold elective office, those contributions shall be deemed to have been received for that elective office for which that person was a candidate most recently following the receipt of such contributions; or
(E) For repayment of any prior campaign obligations incurred as a candidate."
Section 6. Said chapter is further amended by striking subsection (b) of Code Section 21-5-34, relating to campaign contribution disclosure reports, and inserting in its place a new subsection (b) to read as follows:
(b) (1) All reports shall list the following:
(i) (A) The amount, name, and mailing address of any person making a contribution of $101.00 or more, including the purchase of tickets for events such as dinners, luncheons, rallies, and similar fundraising events coordinated for the purpose of raising campaign con tributions for the reporting candidate, provided, however, with respect to a contribution of more than $1,000.00,. Records shall be maintained of the business, occupation, or place of employment of the person making the contribution or such person's spouse and the cumula tive total of such contributions shall be required in addition to that person's contribution amount, name, and mailing address reported according to occupational categories;
{2} (B) The name and mailing address and occupation or place of employment of any person to whom an expenditure of $101.00 or more is made and the amount and general purpose of such expenditure;
(3) (C) When a contribution consists of a loan, advance, or other extension of credit, the report shall also contain the name of the lending institution or party making the advance or extension of credit and the names, mailing addresses, occupations, and places of employ ment of all persons having any liability for repayment of the loan, advance, or extension of credit; and, if any such persons shall have a fiduciary relationship to the lending institution or party making the advance or extension of credit, the report shall specify such relationship;
44) (D) Total contributions received and total expenditures made since the last report, a4 as follows:
(i) Contributions and expenditures shall be reported for the applicable reporting cycle;
(ii) A reporting cycle shall commence on January 1 of the year in which an election is to be held for the public office to which a candidate seeks election and shall conclude:
(I) At the expiration of the term of office if such candidate is elected and does not seek reelection or election to some other office;

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(II) On December 31 of the year in which such election was held if such candidate is unsuccessful; or
(III) If such candidate is successful and seeks reelection or seeks election to some other office~the current reporting cycle shall end when the reporting cycle for reelection or for some other office begins;
(iii) The first report of a reporting cycle shall list the contribution balance brought forward from the previous reporting cycle, if any, and the total contributions received dur ing the period covered by the report;
(iv) Subsequent reports shall list the total contributions received during the period cov ered by the report and the cumulative total of contributions received during the reporting cycle;
(v) The first report of a reporting cycle shall list the total expenditures made during the period covered by the report;
(vi) Subsequent reports shall list the total expenditures made during the period covered by the report and the cumulative total of expenditures made during the reporting cycle; and
(vii) If a public officer seeks reelection to the same public office or election to a different public" office, the contribution balance at the end of the current reporting cycle shall be carried forward to the first report of the applicable new reporting cycle; and
{6} (E) The corporate, labor union, or other affiliation of any political action committee making a contribution of $101.00 or more.
(2) Each report shall be in such form as will allow for the separate identification of a contribution or contributions which are less than $101.00 but which become reportable due to the receipt of an additional contribution or contributions which when combined with such previously received contribution or contributions cumulatively exceed $101.00."
Section 7. Said chapter is further amended by striking paragraph (6) of Code Section 21-5-40, relating to definitions regarding campaign contributions, and inserting in its place the following:
"(6) 'Political committee' means: (A) any partnership, committee, club, association, or ganization, party caucus of the House of Representatives or the Senate, or similar entity (other than a corporation) or any other group of persons or entities which makes a contribu tion; or (B) any separate segregated fund.
(6.1)'Political party' means any political party as that term is defined in paragraph (21) of Code Section 21-2-3, as amended; provided, however, that for purposes of this article, local, state, and national committees shall be separate political parties.
(6.2) 'Public office' means the office of each elected public officer as specified in para graph (15) of Code Section 21-5-3."
Section 8. Said chapter is further amended by striking subsection (a) of Code Section 21-5-41, relating to maximum allowable contributions by persons or partnerships, and in serting in its place new subsections (a) and (a.l) to read as follows:
"(a) No person shall for any election make contributions to any candidate for state-wide elected office or the General Assembly which in the aggregate exceed $3,600.00 $2,500.00.
(a.l) No person shall for any election make contributions to any candidate for the Gen eral Assembly or public office other than state-wide elected office which in the aggregate exceed $1,000.00."
Section 9. Said chapter 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 Assembly which in the aggregate, together with

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any contributions to the same candidate for the same election by any affiliated corporations, exceed $3,600.00 $2,500.00.
(b) No corporation shall for any election make contributions to any candidate for the General Assembly or public office other than state-wide elected office which in the aggre gate, together with any contributions to the same candidate for the same election by any affiliated corporations, exceed $1,000.0071
Section 10. Said chapter is further amended by striking Code Section 21-5-43, relating to 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 $0,600.00 $2,500.00.
(b) No political committee shall for any election make contributions to any candidate for th"e General Assembly or public office other than state-wide elected office 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 11. Said chapter is further amended by adding a new Code section immediately following Code Section 21-5-43, to be designated Code Section 21-5-43.1, to read as follows:
"21-5-43.1. (a) No political party shall for any election make contributions to any candi date for state-wide elected office which in the aggregate exceed $2,500.00.
(b) No political party shall for any election make contributions to any candidate for the General Assembly or public office other than state-wide elected office which in the aggregate exceed $1,000.00.
(c) The limitations provided for in this Code section shall not include contributions or expenditures made by a political party in support of a party ticket or a group of named candidates."
Section 12. Said chapter 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 215-44 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 any public office shall be deemed to be a contribution to trie such candidate."
Section 13. Said chapter 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 215-45 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 14. Said chapter is further amended by striking paragraph (1) of subsection (b) of Code Section 21-5-50, relating to financial disclosure statements, and inserting in its place a new paragraph (1) to read as follows:
"(1) Each monetary fee or honorarium of $101.00 or mere less which is received ac cepted by a public officer from speaking engagements, participation in seminars, discussion panels, or other activities which directly relate to the official duties of the public officer or the office of the public officer, with a statement identifying the fee received or honorarium accepted and the person from whom it was received accepted;".
Section 15. Said chapter is further amended by striking in its entirety subparagraph

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(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 Secretary of State commission pursuant to Code Section 38-T-a~A'rticle 4 of this chapter."
Section 16. Said chapter is further amended by adding a new article at the end thereof, providing for the regulation of lobbying, to be designated Article 4, to read as follows:
"ARTICLE 4
21-5-70. As used in this article, the term:
(1) 'Expenditure':
(A) Means a purchase, payment, distribution, loan, advance, deposit, or conveyance of money or anything of value made for the purpose of influencing the actions of any public officer or public employee;
(B) Includes any other form of payment when such can be reasonably construed as designed to encourage or influence a public officer;
(C) Includes any gratuitous transfer, payment, subscription, advance, or deposit of money, services, or anything of value, unless consideration of equal or greater value is received;
(D) Notwithstanding division (x) of subparagraph (E) of this paragraph, food or bever age consumed at a single meal or event by a public officer or public employee or a member of the immediate family of such public officer or public employee; and
(E) The term shall not include:
(i) The value of personal services performed by persons who serve voluntarily without compensation from any source;
(ii) A gift received from a member of the public officer's immediate family;
(iii) Legal compensation or expense reimbursement provided public employees and public officers in the performance of their duties;
(iv) Promotional items generally distributed to the general public or to public officers and food and beverages produced in Georgia;
(v) An award, plaque, certificate, memento, or similar item given in recognition of the recipient's civic, charitable, political, professional, or public service;
(vi) Legitimate salary, benefits, fees, commissions, or expenses associated with a recipi ent's nonpublic business, employment, trade, or profession;
(vii) Food, beverages, and registration at group events to which all members of an agency, as defined in paragraph (1) of subsection (a) of Code Section 21-5-30.2, are invited. An agency shall include the Georgia House of Representatives, the Georgia Senate, commit tees and subcommittees of such bodies, and the governing body of each political subdivision of this state;
(viii) Campaign contributions or expenditures reported as required by Article 2 of Chapter 5 of Title 21;
(ix) A commercially reasonable loan made in the ordinary course of business; or
(x) Food, beverage, or expenses afforded public officers, members of their immediate families, or others that are associated with normal and customary business or social func tions or activities.

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(2) 'Filed' means the delivery to the State Ethics Commission, as specified in this arti cle, of a document that satisfies the requirements of this article. A document is considered delivered when it is placed in the United States mail within the required filing time, prop erly addressed to the State Ethics Commission, as specified in this article, with adequate postage affixed.
(3) 'Identifiable group of public officers' means a description that is specifically determinable by available public records.
(4) 'Immediate family' means a spouse or child.
(5) 'Lobbying' means the activity of a lobbyist while acting in that capacity.
(6) 'Lobbyist' means:
(A) Any natural person who, for compensation, either individually or as an employee of another person undertakes to promote or oppose the passage of any legislation by the Gen eral Assembly, or any committee thereof, or the approval or veto of legislation by the Governor;
(B) Any natural person who makes a total expenditure of more than $250.00 in a calen dar year, not including the person's own travel, food, lodging expenses, or informational material 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; or
(C) Any natural person who as an employee of the executive branch or judicial branch of state government engages in any activity covered under subparagraph (A) of this paragraph.
(7) 'Public officer' means those public officers specified under subparagraphs (A) through (E) of paragraph (15) of Code Section 21-5-3, as amended.
21-5-71. (a) No person shall engage in lobbying as defined by this article unless such person is registered with the State Ethics Commission as a lobbyist. The administration of this article is vested in the State Ethics Commission. The State Ethics Commission shall be the successor to the Secretary of State with respect to such officer's former regulation of registered agents.
(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 general business or purpose of each person, firm, corporation, association, or agency the applicant represents;
(4) If the applicant represents a membership group other than an agency or corpora tion, the general purpose and approximate number of members of the organization; 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, within seven days of any substantial or material change or addi tion, file a supplemental registration indicating such substantial or material change or addi tion to the registration prior to its expiration. Previously filed information may be incorpo rated 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 employ ment information required by paragraphs (2), (3), and (4) 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.

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(e) The commission shall provide a suitable public docket for registration under this Code section with appropriate indices and shall enter promptly therein the names of the lobbyists and the organizations they represent.
(f) (1) Each person registering under this Code section shall pay the registration fees set forth in paragraph (2) of this subsection; provided, however, that a person who represents any state, county, municipal, or public agency, department, commission, or authority shall be exempted from payment of such registration fees and a person employed by an organiza tion exempt from federal income taxation under Section 501 (c) (3) or 501 (c) (4) of the Inter nal Revenue Code, as that code is defined in Code Section 48-1-2, shall be exempted from payment of such registration fees except for payment of an initial registration fee of $25.00.
(2) The commission shall collect the following fees:
(A) Annual lobbyist registration filed pursuant to this Code section ........ $ 200.00
(B) Lobbyist supplemental registration filed pursuant to this Code section . . . . 10.00
(C) Each lobbyist identification card issued pursuant to this Code section...... 5.00
(D) Each lobbyist report filed pursuant to Code Section 21-5-73 ............. 10.00
(E) In addition to other penalties provided under this chapter, an additional filing fee of $50.00 shall be imposed for each report that is filed late. In addition, a filing fee of $25.00 shall be imposed on the fifteenth day after the due date if the report has still not been filed.
(g) As soon as practicable after registering any such person, the commission shall issue to such person an identification card which shall have printed thereon the name of the lobbyist and the person or agency such lobbyist represents, provided that, when any such person represents more than one entity, such identification card shall have printed thereon the name of the registered person and the word 'LOBBYIST.' Each lobbyist while engaged in lobbying at the capitol or in a government facility shall display said identification in a readily visible manner.
(h) 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 weekly report to the Clerk of the House of Representatives, the Secretary of the Senate and the Governor those persons who have registered as lobbyists since the convening of the General Assembly. The commission shall be authorized to charge a reasonable fee for providing copies of the roster to the public.
(i) 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 public agency or governmental entity committee or hearing for the purpose of giving testimony when such person is not otherwise required to comply with the registration provisions of this Code section;
(3) Any public employee of an agency appearing before a governmental entity commit tee or hearing at the request of the governmental entity or any person who furnishes infor mation upon the specific request of a governmental entity;
(4) Any licensed attorney appearing on behalf of a client in any adversarial proceeding before an agency of this state;
(5) Any person employed or appointed by a lobbyist registered pursuant to this Code section whose duties and activities do not include lobbying;
(6) Elected public officers performing the official duties of their public office; and

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(7) 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.
21-5-72. (a) In addition to other penalties provided in this article, the commission may by order deny, suspend, or revoke for a period not to exceed one year the registration of a lobbyist if it finds that the lobbyist:
(1) Has filed an application for registration with the commission which was incomplete in a material respect or contained a statement that was, in light of the circumstances under which it was made, false or misleading with respect to a material fact;
(2) Has willfully violated or willfully failed to comply with this article or a rule promul gated by the commission under this article;
(3) Has failed to comply with the reporting requirements of this article; or
(4) Has engaged in lobbying practices in violation of this article.
(b) Application may be made to the commission for reinstatement. Such reinstatement shall be conducted in the same manner as required for an initial registration under this article and shall be conditioned upon payment of the same registration fees applicable to an initial registration and also any outstanding penalty fees.
(c) Any person failing to comply with or violating any of the provisions of this article shall be subject to a civil penalty not to exceed $2,000.00 per violation.
21-5-73. (a) Each lobbyist registered under this article shall file disclosure reports as provided for in this Code section.
(b) A monthly disclosure report, current through the end of the preceding month, shall be filed on or before the fifth day of any month while the General Assembly is in session.
(c) A disclosure report, current through the end of the period ending on July 31 and December 31 of each year, shall be filed on or before August 5 and January 5 of each year.
(d) Reports filed by lobbyists shall be verified and shall include:
(1) A description of all expenditures, as defined in Code Section 21-5-70, or the value thereof made by the lobbyist or employees of the lobbyist on behalf or for the benefit of a public officer. The description of each reported expenditure shall include:
(A) The name and title of the public officer or, if the expenditure is simultaneously incurred for an identifiable group of public officers the individual identification of whom would be impractical, a general description of that identifiable group;
(B) The amount, date, and description of the expenditure;
(C) The provisions of Code Section 21-5-70 notwithstanding, aggregate expenditures described in divisions (l)(E)(vii) and (l)(E)(x) of Code Section 21-5-70 incurred during the reporting period; provided, however, expenses for travel and for food, beverage, and lodging in connection therewith afforded a public officer shall be reported in the same manner as under subparagraphs (A), (B), and (D) of this paragraph; and
(D) If applicable, the number of the bill, resolution, or regulation pending before the governmental entity in support of or opposition to which the expenditure was made; and
(2) The names of any members of the immediate family of a public officer employed by or whose professional services are paid for by the lobbyist during the reporting period."
Section 17. Code Section 16-10-2 of the Official Code of Georgia Annotated, relating to the offense of bribery, is amended by striking paragraph (2) of subsection (a) and inserting in its place a new paragraph (2) to read as follows:
"(2) A public official, elected or appointed, or an employee of this state or any agency,

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authority, or entity of the state, or any county or municipality or any agency, authority, or entity thereof, directly or indirectly solicits, receives, accepts, or agrees to receive a thing of value by inducing the reasonable belief that the giving of the thing will influence his or her performance or failure to perform any official action. A thing of value shall not include:
(A) Food or beverage consumed at a single meal or event;
(B) Legitimate salary, benefits, fees, commissions, or expenses associated with a recipi ent's nonpublic business, employment, trade, or profession;
(C) An award, plaque, certificate, memento, or similar item given in recognition of the recipient's civic, charitable, political, professional, or public service;
(D) Food, beverages, and registration at group events to which all members of an agency, as defined in paragraph (1) of subsection (a) of Code Section 21-5-30.2, are invited. An agency shall include the Georgia House of Representatives, the Georgia Senate, commit tees and subcommittees of such bodies, and the governing body of each political subdivision of this state;
(E) Actual and reasonable expenses for food, beverages, travel, lodging, and registration for a meeting which are provided to permit participation or speaking at the meeting;
(F) A commercially reasonable loan made in the ordinary course of business;
(G) Any gift with a value less than $100.00;
(H) Promotional items generally distributed to the general public or to public officers;
(I) A gift from a member of the public officer's immediate family; or
(J) Food, beverage, or expenses afforded public officers, members of their immediate families, or others that are associated with normal and customary business or social func tions or activities;
provided, however, that receiving, accepting, or agreeing to receive anything not enumerated in subparagraphs (A) through (J) of this paragraph shall not create the presumption that the offense of bribery has been committed."
Section 18. Title 28 of the Official Code of Georgia Annotated, relating to the General Assembly, is amended by striking Chapter 7, relating to lobbying, and inserting in its place a new Chapter 7 to read as follows:
"CHAPTER 7
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 oppoac, or to vote for or againat any bill, resolution, report, of claim, pending or to be introduced in cither branch thereof, by any person who misrcprcacnta the nature of hia 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 paaaagc or defeat thereof. Lobbying shall not include such acrvicc aa 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. Reserved.
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 atatc government for the purpose of aiding or opposing, directly or indirectly, the enactment of a bill or bills or a resolution or resolutions by cither house of the General Assembly shall file in the office of the Secretary of State a

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3473

writing, subscribed by auch person, stating the name of the pcraon, firm, corporation, aaaociation, or- organization or the atatc department, board, agency, commission, or authority that he rcprcacnta. This registration ahall be valid for only one regular or extraordinary acaaion of the legislature. It ahnll be the duty of the Secretary of State to provide a auitablc docket for auch registration, which ahall be known aa the docket of legialativc appearance, with appropriate indices, and to enter promptly therein the namca of the partica appearing and on whoac behalf they appear. Such docket ahall be open to inspection.
(b) Each pcraon registering with the Secretary of State shall pay to him a rcgiatration fee of $6.00, provided that a person who represents any department, board, agency, commis sion, or authority of atatc government ahall be exempted from payment of such regiatration fee. As aoon aa practicable after registering any such pcraon, the Secretary of State ahall iaaue to him an identification card which ahall have printed thereon the name of the regis tered person and the pcraon, firm, corporation, uaaociation, of organization or atatc depart ment, board, agency, commission, or authority he rcprcacnta, provided that, when any aueh person represents more than one pcraon, firm, corporation, association, or organization or state department, board, agency, commiaaion, or authority, auch identification card ahall have printed thereon the name of the registered person and the worda 'REGISTERED AGENT.' Any auch person, while in the atatc capitol during auch timca as the General Aaacmbly shall be in session, shall have aaid identification on his pcraon and ahall make it available for inspection by all legislators who ahall rcqucat 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 Aaacmbly thoae persona who have registered with him, along with the respective pcraons, firma, corporations, or associations or atatc dcpartmcnta, boards, agen cies, commissions, or authorities they represent. During sessions of the General Aaacmbly, the Secretary of 8tatc ahall periodically report to each house thoac pci-aon who have regis tered with him since the convening of the General Aaacmbly. The reports of the Secretary of State ahall be entered in the journal of each houac. All members of the House and Senate ahall have the responsibility of bringing to the attention of the rulca committee of each respective houac violationa of thia Code section and chapter, and the chairmen of the re spcctivc rules committcca ahall have the rcaponsibility of reporting such violationa to appro priate officials.
(c) Subsections (a) and (b) of thia Code acction ahall not be construed to apply to any citizen who expresses hia pcraonal vicwa, on his own behalf, to any member of the General Assembly on any measure pending before cither house of the General Aaacmbly.
(d) Subsections (a) and (b) of thia Code acction ahall not be construed to apply to any person who appcara before a committee of cither or both houaea of the General Assembly for the purpose of expressing hia vicwa or giving testimony when such pcraon ia not other wise required to comply with subsections (a) and (b) of thia Code acction.
(c) Subacctiona (a) and (b) of thia Code acction ahall not apply to any employee of any department, board, agency, commission, or authority of state government appearing before a legislative committee at the committcc'a rcqueat or to any pcraon who furniahea information upon the specific request of a member of the General Assembly or of a department head or constitutional officer reprcacnting that department or office. Reserved.
28-7-3. No person, firm, corporation, or association shall retain or employ an attorney at law or an agent to aid or oppose legislation for compensation contingent, in whole or in part, upon the passage or defeat of any legislative measure. No attorney at law or agent shall be employed to aid or oppose legislation for compensation contingent, in whole or in part, upon the passage or defeat of any legislation.
28-7-4. It shall be unlawful for any person registered pursuant to the requirements of Code Section 28-7-2 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.

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28-7-5. Any person failing to comply with or violating any of the provisions of Code Sections 28?'2 through 28-7-4 Section 28-7-3 or 28-7-4 shall be guilty of a misdemeanor."
Section 19. (a) Except as otherwise provided in subsection (b) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
(b) Section 16 of this Act shall become effective July 1, 1992.
Section 20. All laws and parts of laws in conflict with this Act are repealed.

Senator Deal of the 49th moved that the Senate adopt the Conference Committee re port on HB 1125.

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

Not voting were Senators Shumake and Tate.

On the motion, the yeas were 54, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on HB 1125.

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

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.

The House amendment was as follows:

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Amend SB 831 by adding following the word and symbol "foregoing;" on line 13 of page 1 the following:
"to provide for automatic repeal;". By striking lines 5 through 8 of page 2 and inserting in lieu thereof the following: "who has been employed on a full-time basis by the employer from whom leave is sought under Code Section 45-24-2 for at least twelve months.". By striking line 25 of page 11 and inserting in lieu thereof the following: "Procedure Act.' 45-24-9. This chapter is repealed effective July 1, 1995.' ".

Senator Steinberg of the 42nd moved that the Senate agree to the House amendment to SB 831.

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

Those voting in the affirmative were Senators:

Alien Baldwin Bishop Bowen Broun of 46th Brown of 26th Burton Collins Dawkins Deal Dean Echols Edge Egan English Garner

Gillis Hammill Hasty Henson Hill Huggins Johnson Kidd Langford Marable Moye Perry Phillips Pollard Ragan of 10th Ragan of 32nd

Ramsey Ray Robinson Scott Starr Steinberg
T1 dattoe
Taylor Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White

Voting in the negative were Senators Clay and Newbill.

Those not voting were Senators:

Albert Coleman Foster

Harris Hooks

Perdue Shumake

On the motion, the yeas were 47, nays 2; the motion prevailed, and the Senate agreed to the House amendment to SB 831.

Senator Deal of the 49th, President Pro Tempore, resumed the Chair.

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

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

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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 House substitute to SB 703 was as follows:
A BILL
To be entitled an Act 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 provide for appointment, terms, vacancies, and expenses of the members; to provide for officers, meetings, quorum, powers, and duties of the commission; to provide for community task forces on family vio lence; to provide an effective date; to provide for related matters; to provide for termination; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 13 of Title 19 of the Official Code of Georgia Annotated, relating to family violence, is amended by adding at the end of Article 2 a new article to read as follows:
"ARTICLE 3
19-13-30. (a) The General Assembly finds and declares that violence in Georgia homes among family members accounts for many serious injuries, deaths, and extensive physical and emotional damage to children and adults. Family violence knows no economic or social barriers. The costs of family violence include misery and trauma for individuals and families and increased government spending for police services, criminal prosecutions, incarcera tions, court personnel, foster care, public assistance, and juvenile corrections.
(b) The General Assembly has enacted comprehensive legislation addressing family vio lence, including provision for the issuance of temporary protective orders to protect individ uals from violence. It has become evident that enforcement of these laws is inconsistent and an effective response to family violence will require a comprehensive community effort as well as coordination among the courts, prosecutors, law enforcement agencies, the correc tional system, and public assistance and other service providers. The creation of a state commission and local task forces to combat family violence was highly recommended by the Georgia Commission on Gender Bias in the Judicial System.
19-13-31. There is created a State Commission on Family Violence which shall be re sponsible for developing a comprehensive state plan for ending family violence. This plan shall include the initiation, coordination, and oversight of the implementation of family vio lence laws and the establishment in each judicial circuit of a Community Task Force on Family Violence. These task forces shall be supported by and work in collaboration with the state commission.
19-13-32. (a) The State Commission on Family Violence shall consist of 36 members:
(1) Three ex officio members shall be the director of the Division of Family and Chil dren Services, the director of Women's Health Services in the division of public health of the Department of Human Resources, and the Attorney General;
(2) Three members shall be members of the House of Representatives and shall be appointed by the Speaker of the House;
(3) Three members shall be members of the Senate and shall be appointed by the Presi dent of the Senate;
(4) The remaining members shall be appointed by the Governor as follows:
(A) One judge from each judicial administrative district;

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(B) Three advocates for battered women recommended by groups which have addressed the problem of family violence; and
(C) One representative from each of the following:
(i) The Administrative Office of the Courts;
(ii) The Supreme Court;
(iii) The Georgia Association of Chiefs of Police;
(iv) The District Attorneys Association of Georgia;
(v) The State Board of Pardons and Paroles;
(vi) The probation system;
(vii) The Georgia Sheriffs' Association;
(viii) The Georgia Crime Victims Compensation Board;
(ix) The Georgia Commission on Gender Bias in the Judicial System;
(x) The legal aid community;
(xi) The academic community;
(xii) Men Stopping Violence; and
(xiii) A former victim of domestic violence.
(b) The Governor, Speaker of the House, and President of the Senate shall appoint individuals who are specially qualified to serve on the commission by reason of their experi ence and knowledge of family violence issues.
(c) Members shall serve for a term of three years and no member may serve more than two consecutive terms. All vacancies shall be filled for the unexpired term by an appointee of the original appointing official.
(d) The commission shall elect a chairperson, vice chairperson, and a secretary from among its members for terms of two years, and any member shall be eligible for successive election to such office by the commission.
19-13-33. (a) The commission shall hold regular meetings at least once every calendar quarter. Special meetings may be called by the chairperson or a majority of the members of the commission. The commission shall meet at such times and at such designated places in the state as it may determine.
(b) A quorum for transacting business shall be a majority of the members of the commission.
(c) The members of the commission may be reimbursed for expenses incurred while conducting the business of the commission from public or private grants, devises, or be quests received by the commission.
19-13-34. (a) The commission shall have the following duties:
(1) To study and evaluate the needs, priorities, programs, policies, and accessibility of services relating to family violence throughout the state;
(2) To evaluate and monitor the adequacy and effectiveness of existing family violence laws, including the response of the present civil and criminal legal systems;
(3) To initiate and coordinate the development of family violence legislation, as necessary;
(4) To monitor the implementation and enforcement of laws, regulations, and protocols concerning family violence;
(5) To make recommendations for education and training to ensure that all citizens and service providers, including but not limited to members of the judiciary, law enforcement

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personnel, and prosecuting attorneys, are aware of needs relating to family violence and of services available;
(6) To develop models for community task forces on family violence;
(7) To provide training and continuing education on the dynamics of family violence to members of the commission where appropriate and necessary; and
(8) To report annually to the General Assembly during its existence,
(b) The commission shall have the following powers:
(1) To write and disseminate reports and recommendations concerning family violence to the Governor, the General Assembly, and the community;
(2) To accept public or private grants, devises, and bequests;
(3) To enter into all contracts or agreements necessary or incidental to the performance of its duties; and
(4) To hold meetings and public hearings and to conduct studies, collect data, or take any other action the commission deems necessary to fulfill its responsibilities."
Section 2. The commission shall be terminated upon the expiration of two complete terms of appointment for members of the commission appointed in accordance with Code Section 19-13-32.
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 Steinberg of the 42nd moved that the Senate agree to the House substitute to SB 703.

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

Those voting in the affirmative were Senators:

Alien Baldwin Bishop Bowen Broun of 46th Brown of 26th Burton Clay Coleman Collins Dawkins Dean Echols Edge Egan English

Foster Gillis Hammill Hasty Henson Hill Hooks Huggins Johnson Kidd Langford Marable Moye Newbill Perry Phillips

Pollard Ragan of 10th 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:

Albert Deal (presiding) Garner

Harris Perdue Scott

Shumake Taylor

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On the motion, the yeas were 48, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 703.

The following bill of the House was taken up for the purpose of considering the Confer ence Committee report thereon:

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.

The Conference Committee report on HB 1666 was as follows:
The Committee of Conference on HB 1666 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference substitute to HB 1666 be adopted.
Respectfully submitted,

FOR THE SENATE:
/s/ G. B. Pollard, Jr. Senator, 24th District
/s/ Pete Robinson Senator, 16th District
/s/ James W. Tysinger Senator, 41st District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Ronnie Culbreth Representative, 97th District
/s/ Wesley Dunn Representative, 73rd District
/s/ Robin L. Williams Representative, 90th District

Conference Committee substitute to HB 1666:

A BILL
To be entitled an Act 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 at specified rates on the proceeds of life insurance policies from the date of the insured's death or, under certain circumstances, from the time a claim is filed; to provide when a claim is deemed to be filed; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 25 of Title 33 of the Official Code of Georgia Annotated, relating to life insurance, is amended by striking in its entirety Code Section 33-25-10, relating to the payment of interest on the proceeds of life insurance policies, and inserting in its place a new Code Section 33-25-10 to read as follows:
"33-25-10. (a) Each insurer admitted to transact life insurance in this state shall pay interest on proceeds or payments under any individual policy of life insurance, payable to a beneficiary residing in this state or to a beneficiary under a policy issued in this state or to a beneficiary under a policy insuring a person resident in this state at the time of death.
(b) Interest payable pursuant to subsection (a) of this Code section shall be computed from the insured's death until the date of payment and shall be at the following rate of interest:
(1) In the event an action to recover the proceeds due under such policy is commenced and results in a judgment against the insurer, interest shall be computed at the legal rate of interest; or
(2) In the event a claim is made and no such action has been commenced, interest shall

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be computed daily at the greater of the rate of 13 6 percent per annum or the highest interest rate currently paid by the insurer on proceeds left under an interest settlement option; provided, however, that when a claim for the policy proceeds is filed with the in surer, interest shall be computed daily from 30 days after the date the claim is filed until the date of payment at the rate of 12 percent!
(c) This Code section shall not:
(1) Apply to proceeds under any such policy paid within 30 days after the date of death of the insured;
(2) Require the payment of interest in an amount of less than $5.00;
(3) Apply to policies of credit life insurance;
(4) Require the payment of interest for any period during which an insurer is required to pay interest under any state or federal law pertaining to interpleader;
(5) Apply to any individual policy issued within 12 months of the death of the insured.
(d) For the purposes of this Code section, payment shall be deemed to have been re ceived by a resident when manually delivered by an agent or representative of the insuring company or when deposited by the insuring company in the United States mail, postage prepaid, and directed to the resident at his last known address as evidenced by the business records of the insuring company.
(e) (1) For the purposes of this Code section, a claim shall be deemed to have been filed with an insurer on the date that the insurer receives a substantially completed application or other written notice for the policy proceeds and reasonable proof of death of the insured.
(2) In cases of group life insurance, a claim shall be deemed to have been filed on the date that the insurer receives the information provided in paragraph (1) of this subsection and receives from the group policyholder written evidence of eligibility for coverage.".
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

Senator Pollard of the 24th moved that the Senate adopt the Conference Committee report on HB 1666.

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 Brown of 26th Burton
^ Cofleman DCoawlliknisns Dean Echols Edge Egan English Foster

Gillis Hammill Hasty Henson Hill Hooks Huggins
K*id"dson LMaanrgafbolred Moye Newbill Perdue Perry Phillips Pollard

Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Starr
,,Steinberg6 ,Ti*hotempson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White

TUESDAY, MARCH 31, 1992

3481

Those not voting were Senators:

Bishop Deal (presiding)

Garner Harris

Shumake Taylor

On the motion, the yeas were 50, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on HB 1666.

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

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.

The House amendment was as follows:

Amend SB 599 by inserting on line 5 of page 18 between the words "position" and "and" the words "in a hospital or nursing home".

Senator Walker of the 22nd moved that the Senate agree to the House amendment to SB 599.

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

Dean

Echols

Edge

Foster

Gillis

Hammill Hasty Henson Hill Hooks
H^ Johnson T^-JJ f.dd Langford Marable Moye
Newbill Perdue Perry Phillips

Pollard Ragan of 10th Ragan of 32nd Ramsey Ray
Robinson gtarr rr. 4 Tate Taylor Timmons Turner
Tysinger Walker of 22nd Walker of 43rd White

Those not voting were Senators:

Clay Deal (presiding) Egan English

Garner Harris Scott

Shumake Steinberg Thompson

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On the motion, the yeas were 46, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 599.

The President resumed the Chair.

The following bill of the Senate was taken up for the purpose of considering the Confer ence Committee report thereon:

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 Conference Committee report on SB 505 was as follows:
The Committee of Conference on SB 505 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference substitute to SB 505 be adopted.
Respectfully submitted,

FOR THE SENATE:
/a/ Paul C. Broun Senator, District 46
/s/ Jack Hill Senator, District 4
/s/ J. Nathan Deal Senator, District 49

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Jerry D. Jackson Representative, District 9
/s/ B. E. Parham Representative, District 105
/s/ Bobby Harris Representative, District 84

Conference Committee 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 the issuance of special reservist license plates to certain persons who are members of reserve units or the National Guard in an adjoining state; to provide for fees; to provide for conditions; 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 and for licensed emergency medical technicians; 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 re lated matters; to amend Title 40 of the Official Code of Georgia Annotated, relating to mo tor vehicles and traffic, so as to specify the location for placement of revalidation decals; to provide for special license plates for licensed emergency medical technicians; to require cer tain vehicle dealers to obtain a certificate of title in their names after obtaining a vehicle; to exempt migrant farm workers from obtaining a Georgia driver's license under certain condi tions; to change certain provisions relating to reports of convictions of traffic violations; to change certain provisions relating to habitual violators; to change certain provisions relating to periods of suspension and conditions of reinstatement of a driver's license; to change certain conditions relating to issuance of limited driving permits; to provide for procedures upon notice of cancellation of minimum required motor vehicle insurance; to provide for

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sanctions for improper cancellation reports; to provide for licensing fees and surety bonds for driver improvement clinics; to clarify the mandatory nature of DUI Alcohol or Drug Use Risk Reduction Programs; to provide for the licensing of instructors to teach the required alcohol and drug program for teen-age drivers; to provide for fees; to provide for the author ity of the commissioner of public safety and the commissioner of human resources with respect to the administration of certain driver improvement programs; to change certain requirements and provisions relative to issuance of personal identification cards; to provide that a person shall be disqualified from driving a commercial motor vehicle if convicted of a first violation of any offense specified in Code Section 40-5-54 while driving a commercial motor vehicle; to provide that the rules of the road are applicable to motorcycles; to change certain speed limits for school buses; to change certain posting requirements for parking areas with regard to operation of motor vehicles; to provide for notice to the sentencing court and the department of public safety of completion of a DUI Alcohol or Drug Use Risk Reduction Program; to prohibit covering the headlights of any motor vehicle with any type of material; to exempt law enforcement officers from the restrictions on affixing materials to windshields or windows to reduce light transmission; to change certain tire tread require ments for school buses; to repeal the requirement that motor vehicle manufacturers file their warranties with the department; to change certain procedures relating to prosecution of traffic offenses; to provide for transfers of bonds; to provide for procedures for operation of traffic violations bureaus; to authorize an officer to require surrender of the driver's li cense at the time of citation; to provide that certain offenses shall not be disposed of by a traffic violations bureau; to clarify certain procedures relative to the use of radar; to correct certain stylistic, capitalization, and punctuation errors; to revise and modernize certain lan guage; to provide for effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, prestige plates and special license plates for certain persons and vehicles, is amended by striking Code Section 40-2-65, relating to special license plates for members of active reserve components of the United States, in its entirety and inserting in lieu thereof a new Code Section 40-2-65 to read as follows:
"40-2-65. (a) Motor vehicle owners who are assigned or attached members of troop pro gram units of any branch of the active reserve components of the United States inside or outside the State of Georgia shall be eligible to receive free motor vehicle license plates for private passenger cars or trucks used for personal transportation. Motor vehicle owners who are members of any National Guard unit in a state adjoining the State of Georgia and for whom there is no National Guard unit in the county of their residence shall be eligible to receive free motor vehicle plates for private passenger cars or trucks used for personal trans portation to identify such vehicle owner as a reservist. 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. No person shall be entitled to more than one free motor vehicle license plate for any calendar year; provided, however, that, upon payment of the regular license fee provided for in Code Section 48-10-2 and a manufactur ing fee of $25.00, a reservist shall be entitled to receive one additional such license plate. For each additional license plate for which an initial $25.00 fee was required, there shall be an additional annual registration fee of $25.00 which fee shall be collected by the county tag agent at the time of collection of other registration fees and shall be remitted to the state as provided in Code Section 40-2-34. Additional words or symbols in addition to numbers and letters prescribed by law shall be inscribed upon such license plates so as to identify distinc tively the owner as a member of the 'United States military reserve.' The major com manders of each active reserve component program shall furnish to the commissioner each year prior to the date that license plates are issued a list of the members of their command assigned or attached to troop program units who reside in Georgia. The adjutant general of each neighboring state shall furnish to the commissioner each year prior to the date that license plates are issued a list of the members of that state's National Guard unit who reside in Georgia!

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(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 the 'United States military reserve,' 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 reservist acquire another motor vehicle, the license plate issued pursuant to this Code sec tion may be placed on such newly acquired motor vehicle, and such reservist shall notify the commissioner of such transfer of the license plate to such newly acquired motor vehicle in such manner as the commissioner may prescribe by regulation. No transfer or cancellation fee shall be charged for the transfer of free reservist license plates. There shall be a transfer and cancellation fee of $1.00 $5.00 for the transfer of any other reservist license plate.
(2) Should an active reservist who has been issued a free license plate be discharged or otherwise separated from his reserve unit, the immediate commanding officer of such active reservist shall obtain the discharged member's free license plate at the time of the discharge and shall forward same to the commissioner along with a certificate to the effect that such person has been discharged, and thereupon the commissioner shall issue a regular license plate, at no additional charge, to such former reservist to replace the reservist plate. Should an active reservist enlist or be commissioned after he has purchased a regular license plate for the current year, the commanding officer of the unit in which such person enlists or is commissioned shall likewise secure the regular license plate of such person and return same to the commissioner, along with a certificate to the effect that such person has been enlisted or commissioned in a troop program unit of the reserve components, and the effective date thereof, whereupon the commissioner shall issue a reservist license plate, at no extra charge, to such new member to replace the returned regular plate. Upon such request for a change in plate for a discharged reservist or a newly enlisted reservist, the commanding officer shall furnish such member with a copy of his letter to the commissioner requesting the appropri ate 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 commis sioner is specifically authorized to promulgate all rules and regulations necessary to ensure compliance in instances where such vehicles have been transferred or sold. Except as pro vided in subsection (b) of this Code section, such plates shall be nontransferable."
Section 1.1. Said article is further amended by striking 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 or persons who served during World War I, World War II, the Korean War, the Vietnam War, or Operation Desert Storm shall be eligible to receive special and distinc tive 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 commissioner as provided in subsection (b) of this Code section. Such license plates shall be issued in compliance with the state motor vehicle laws relating to registration and licensing of motor vehicles as prescribed in Article 2 of this chapter.
(b) A 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 for the wars or military operation described in subsection (a) of this Code section until a minimum of 250 applications have been received for a distinctive license plate for a specific war or military operation. After receipt of 250 applications for such a distinctive license plate for such war or military operation, the com missioner shall design a distinctive license plate for that war or military operation as pro vided in subsection (c) of this Code section and issue the distinctive license plates to present

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and future qualifying applicants. If the commissioner does not receive the required mini mum 250 applications for a specific war or military operation by July 31 of the year preced ing the year of issuance of such plates, the commissioner shall not accept any applications for nor issue such distinctive license plates for that war or military operation, and all fees shall be refunded to applicants. The commissioner shall promulgate such rules and regula tions as may be necessary to enforce compliance with all state license laws relating to the use and operation of private passenger cars and trucks before issuing these license plates in lieu of the regular Georgia license plates. The manufacturing fee for such special and dis tinctive license plates shall be $40.00. The commissioner is specifically authorized to pro mulgate all rules and regulations necessary to ensure compliance in instances where such vehicles have been transferred or sold. Except as provided in subsection (d) of this Code section, such plates shall be nontransferable.
(c) The special and distinctive vehicle license plates shall be as prescribed in Article 2 of this chapter for private passenger cars or trucks used for personal transportation. Addi tional Such plates shall contain such words or symbols, in addition to the numbers and letters prescribed by law, ahatt be inscribed upon auch license platca so as to identify dis tinctively the owners as retired veterans of the armed forces of the United States or persons who served during World War I, World War II, the Korean War, the Vietnam War, or Oper ation 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 upon payment of an additional $25.00 annual registration fee which fee shall be collected "by the county tag agent at the time of collection of other registration fees and remitted to the state as provided in Code Section 40-2-34. It shall be a requirement that a county name decal shall be affixed and displayed on license plates issued under this Code section."
Section 1.2. Said article is further amended by inserting at the end thereof a new Code Section 40-2-86 to read as follows:
"40-2-86. (a) Subject to subsection (d) of this Code section, motor vehicle owners who are residents of the State of Georgia and who are emergency medical technicians duly li censed by this state, upon application accompanied by proof of ownership of such license and upon full compliance with the state motor vehicle laws in relation to registration and licensing of motor vehicles and upon payment of an additional fee of $40.00, shall be issued a license plate for a private passenger vehicle upon which shall be inscribed a distinctive insignia and the letters 'EMT.' The commissioner may consult with any organizations repre senting emergency medical technicians and with emergency medical technicians residing in this state in the design of the special license plate authorized by this subsection.
(b) Upon transfer of the ownership of a private passenger vehicle upon which there is a special license plate as provided in subsection (a) of this Code section, 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 an emergency medical technician acquire another mo tor vehicle, the license plate issued pursuant to this Code section may be transferred be tween vehicles as provided in Code Section 40-2-80.
(c) Special license plates issued under this Code section shall be renewed annually with a revalidation decal as provided in Code Section 40-2-31 upon payment of an additional $25.00 annual registration fee which fee shall be collected by the county tag agent at the time of collection of other registration fees and remitted to the state as provided in Code

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Section 40-2-34. It shall be a requirement that a county name decal shall be affixed and displayed on license plates issued under this Code section.
(d) The commissioner shall retain all applications for such special emergency medical technicians' license plates until a minimum of 250 applications have been received. If the commissioner does not receive the required minimum of 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 licensing of motor vehicles as prescribed in Article 2 of this chapter. No emergency medical technician shall be entitled to more than one special and distinctive motor vehicle license plate."
Section 1.3. Title 40 of the Official Code of Georgia Annotated, relating to motor vehi cles and traffic, is amended by striking subsection (b) of Code Section 40-2-8, relating to operation of a vehicle without a current license plate or revalidation decal, in its entirety and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) Any vehicle operated in the State of Georgia after May 1 of any year which is required to be registered and which does not have attached to the rear thereof a numbered license plate and current revalidation decal affixed to the upper right-hand corner of the license plate, if required, shall be stored at the owner's risk and expense by any law enforce ment officer of the State of Georgia. It shall be a misdemeanor to operate any vehicle re quired to be registered in the State of Georgia without a valid numbered license plate prop erly validated; provided, however, that the purchaser of a new vehicle or a vehicle which does not have a current and valid registration or a used vehicle may operate such vehicle on the public highways and streets of this state without a current valid license plate during the 21 day period within which the purchaser is required by Code Section 40-2-20 to register or transfer the registration of such vehicle and provided, further, that the purchaser and opera tor of a vehicle shall not be subject to the penalties set forth in this Code section during the period allowed for the registration or transfer of registration. If the owner of such vehicle presents evidence that he has properly applied for the registration of such vehicle, but that the license plate or revalidation decal has not been delivered to him, then the owner shall not be subject to the above penalties."
Section 2. Said title is further amended by striking subsection (a) of Code Section 40-333, relating to transfers of vehicles to dealers, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) (1) A Except as provided in paragraph (2) of this subsection, a dealer who buys a vehicle and" holds it for resale need not apply to the commissioner for a new certificate of title but may retain the certificate delivered to him. Upon transferring the vehicle to an other person other than by the creation of a security interest, such dealer shall promptly execute the assignment and warranty of title by a dealer. Such assignment and warranty shall show the names and addresses of the transferee and any holder of a security interest created or reserved at the time of the resale and the date of his security agreement, in the spaces provided therefor on the certificate or as the commissioner prescribes. Transfers of vehicles under this Code section shall otherwise conform with Code Section 40-3-32. A dealer selling a previously registered vehicle which under this chapter need not have a cer tificate of title need not furnish a purchaser of such a vehicle a certificate of title. After a previously registered vehicle has been brought under the terms of this chapter, a dealer, when selling that vehicle, shall conform to all provisions of this chapter.
(2) (A) As used in this paragraph, the term 'franchise dealer' means a dealer who under a contract or franchise agreement with a manufacturer, distributor, wholesaler, or importer is authorized to sell new motor vehicles of or for such manufacturer, distributor, wholesaler, or importer and who is authorized to use trademarks or service marks associated with one or more makes of motor vehicles in connection with such sales.
(B) A dealer who is not a franchise dealer who acquires a vehicle for which the original certificate of title has not been issued and who holds such vehicle for resale shall not be

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exempt from the requirement to obtain a certificate of title in such dealer's name as pro vided in paragraph (1) of this subsection. Such dealer shall, as provided in Code Section 403-32, obtain a certificate of title in such dealer's name prior to selling or otherwise transfer ring said vehicle to any other person or dealer?1
Section 3. Reserved.
Section 4. Said title is further amended by striking subsection (a) of Code Section 40-521, relating to exemptions generally from the driver's license laws, in its entirety and in serting in lieu thereof a new subsection (a) to read as follows:
"(a) Except as provided in Article 7 of this chapter, the 'Georgia Uniform Commercial Driver's License Act,' the following persons are exempt from licenses under this chapter:
(1) Any employee of the United States government while operating a motor vehicle owned by or leased to the United States government and which is being operated on official business, unless such employee is required by the United States government or any agency thereof to have a state driver's license;
(2) A nonresident who is at least 16 years of age and who has in his immediate posses sion a valid license issued to him in his home state or country;
(3) A nonresident on active duty in the armed forces of the United States who has a valid license issued by his home state, and such nonresident's spouse or dependent son or daughter who has a valid license issued by such person's home state;
(4) Any person on active duty in the armed forces of the United States who has in his immediate possession a valid license issued in a foreign country by the armed forces of the United States, for a period of not more than 45 days from the date of his return to the United States;
(5) Any inmate or resident patient of a state, county, or municipally owned institution who drives a vehicle while on the grounds of such institution and while accompanied by and under the direct personal supervision of a qualified driving instructor or of some other per son duly authorized in writing to so accompany and supervise such inmate or resident patient;
(6) Any person driving or operating a farm tractor or farm implement temporarily oper ated on a highway for the purpose of conducting farm business;
(7) Any inmate of a state, county, or municipal prison, correctional institution, or jail while operating a motor vehicle owned by or leased to the state, county, or municipality and being operated with the written approval of the warden or superintendent and in such man ner and for such purpose as may be specified by the warden or superintendent, provided that such inmate, within the 60 day period prior to the grant of written authority, has passed the vision, written, and driving tests required for licensing a citizen to operate such motor vehicle. The department shall give such tests and issue a certificate, without charge therefor, to any inmate passing such tests;
(8) A member of the reserve components of the armed forces of the United States while operating a motor vehicle owned by or leased to the United States government and being operated in accordance with the duties of such member as a member of the reserve compo nents of the armed forces; ael
(9) Any person seeking to obtain a driver's license while taking the driving examination for such license accompanied by a driver license examiner of the department or a certified examining agent of the department: ; and
(10) Any migrant farm worker who works in this state less than 90 days in any calendar year and who possesses a valid driver's license issued by another state?1
Section 5. Said title is further amended by striking Code Section 40-5-22.1, relating to reinstatement of the driver's license of a person under 16 years of age convicted of driving

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under the influence of alcohol or drugs, in its entirety and inserting in lieu thereof a new Code Section 40-5-22.1 to read as follows:
"40-5-22.1. Notwithstanding any other provision of law, if a child under 16 years of age is adjudicated delinquent of driving under the influence of alcohol or drugs or of possession of marijuana or a controlled substance in violation of Code Section 16-13-30 or of the unlaw ful possession of a dangerous drug in violation of Code Section 16-13-72 or convicted in any other court of such offenses, the court shall order that the privilege of such child to apply for and be issued a driver's license or learner's permit shall be suspended and delayed until such child is 17 years of age for a first conviction and until such child is 18 years of age for a second or subsequent such conviction. Upon reaching the required age, such license privilege shall be reinstated if the child submits proof of completion of a certified assessment compo ncnt and the education/intervention component or the intensive intervention component of a DUI alcohol and drug uac risk reduction program aa prescribed Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources or operated by-er under contract with an assessment and intervention program approved by the juvenile court and pays a fee of $3&Qe $210.00 to the Department of Public Safety or $gfeee $200.00 when such application is processed by mail. The court shall notify the Department of Public Safety of its order delaying the issuance of such child's license within 15 days of the date of such order. The Department of Public Safety shall not issue a driver's license or learner's permit to any person contrary to a court order issued pursuant to this Code section."
Section 6. Said title is further amended by striking Code Section 40-5-53, relating to when courts are to send drivers' licenses and reports of convictions to the Department of Public Safety, in its entirety and inserting in lieu thereof a new Code Section 40-5-53 to read as follows:
"40-5-53. (a) Whenever any person is convicted of any offense for which this chapter makes mandatory the suspension of the license of such person by the department, the court in which such conviction is had shall require the surrender to it of any driver's license then held by the person so convicted and the court shall thereupon forward the same, together with the uniform citation form authorized by Article 1 of Chapter 13 of this title, within ten days after the conviction.
(b) Except aa provided in subsection (c) of this Code section, every Every court in each county of this state having a population of 550,000 or more according to the United States decennial census of 1980 or any future such census and having jurisdiction over offenses committed under this chapter and Chapter 6 of this title or any other law of this state or ordinance adopted by a local authority regulating the operation of motor vehicles on high ways shall forward to the department, within ten days after the conviction of any person in such court for a violation of any such law other than regulations governing standing or park ing, a uniform citation form authorized by Article 1 of Chapter 13 of this title. The depart ment shall pay to the clerk of the court forwarding the report 25<t for each report forwarded; and notwithstanding any general or local law to the contrary, the clerk shall retain such 25<t fee as additional compensation.
(c) Every court in a each county of this state having a population of 300,000 or less than 550,000 according to the 1080 decennial census United States decennial census of 1980 or any future such census and having jurisdiction over offenses committed under this chapter or Chapter 6 of this title or any other law of this state or ordinance adopted by a local authority regulating the operation of motor vehicles on highways shall forward to the de partment, within ten days after the conviction of any person in such court for a violation of any such law other than regulations governing standing or parking, a uniform citation form authorized by Article 1 of Chapter 13 of this title. The department shall pay to the clerk of the court forwarding the report 25$ for each report forwarded; and in those cases where the clerk receiving such 254; fee is compensated solely on a fee basis, the clerk shall retain such 25<t fee as additional compensation. In those cases where the clerk receiving such 25<t fee is compensated in whole or in part on a salary basis, such fee shall be the property of and shall

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be paid over to the city or county operating the court, unless expressly provided otherwise in a local law relating to the compensation of such clerk."
Section 7. Said title is further amended by striking subsection (d) of Code Section 40-557, relating to suspension of a driver's license for assessment of points, in its entirety and inserting in lieu thereof a new subsection (d) to read as follows:
"(d) Any person who has such points assessed against him as to require the suspension of his license pursuant to subsection (a) or (b) of this Code section shall have his license suspended as follows:
(1) Upon a first assessment of the requisite points, the period of suspension shall be one year, provided that at any time after 60 daya of suspension completion of the requirements set forth in Code Section 40-5-84, such person may apply to the department for the return of his license;
(2) For a second assessment of the requisite points within five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the most current arrest for which a conviction is obtained, the period of suspension shall be three years, provided that at any time after 00 daya of suspension completion of the requirements set forth in Code Section 40-5-84, such person may apply to the department for the return of his license; and
(3) For a third assessment of requisite points within five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the most current arrest for which a conviction is obtained, such person shall have his license suspended for a period of two years. Such person shall not be eligible for early return of his license or for a limited driving permit as provided in Code Section 40-5-64 during such two-year period."
Section 8. Said title is further amended by striking subparagraph (e)(6)(A) of Code Section 40-5-58, relating to habitual violators' probationary licenses, in its entirety and in serting in lieu thereof a new subparagraph (A) to read as follows:
"(A) (i) Any probationary licensee violating the provisions of paragraph (4) of this sub section or~operating a vehicle in violation of any conditions specified in this subsection shall be guilty of a misdemeanor.
(ii) A*y Except as provided in division (iii) of this subparagraph, any probationary licensee~whe-ia convicted-ef violatingrOf who pleads nolo contcnderc to a charge of violating, any state law or local ordinance involving an offense listed in Code Section 40-5-54 or Code Section 40-6-391 shall be guilty of a felony and shall be punished by a fine of not less than $1,000.00 or by imprisonment in the penitentiary for not less than one nor more than five years, or both.
(iii) Any probationary licensee violating any state law or local ordinance involving a felony offense listed in Code Section 40-5-54 shall be guilty of a felony and shall be pun ished as is provided for conviction of such felony."
Section 9. Said title is further amended by striking subsections (a) and (b) of Code Section 40-5-63, relating to periods of suspension and conditions of reinstatement of a driver's license, in their entirety and inserting in lieu thereof new subsections (a) and (b) to read as follows:
"(a) The driver's license of any person convicted of an offense listed in Code Section 405-54 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 years, as mea sured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, the period of suspension shall be for 12 months. At the end of 120 days, the person may apply to the Department of Public Safety for reinstatement of his driver's license. Such license shall be reinstated after the expiration

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of 120 days only 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 res toration fee of $36.00 $210.00 or $26.00 $200.00 when such reinstatement is processed by mail, provided that if such license was suspended as a result of a conviction of an offense listed in Code Section 40-5-54, it shall be reinstated if such person submits proof of comple tion of either an approved defensive driving course or a DUI Alcohol or Drug Use Risk Reduction Program and pays the prescribed restoration fee. A driver's license suspended as a result 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 years, as measured from the dates of previous arrests for which convictions were obtained or pleas of nolo contendere accepted to the date of the current arrest for which a plea of nolo contendere is accepted, shall not be considered a conviction; however, the court having jurisdiction shall forward, as provided in Code Section 40-6-391.1, the record of such disposition of the case to the Department of Public Safety and the record of such disposition shall be kept on file for the purpose of considering and counting such accepted plea of nolo contendere as a conviction under paragraphs (2) and (3) of this subsection;
(2) Upon the second conviction of any such offense within five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, the period of suspension shall be for three years. At the end of 120 days, the person may apply to the Department of Public Safety for rein statement of his driver's license. Such license shall be reinstated if such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources and pays a restoration fee of $36.00 $210.00 or $26.00 $200.00 when processed by mailT, provided that, if such license was suspended as a result of a conviction of an offense listed in Code Section 40-5-54, it shall be reinstated upon submis sion of proof of completion of either an approved advanced defensive driving course or a DUI Alcohol or Drug Use Risk Reduction Program and payment of the prescribed restora tion fee. For purposes of this paragraph, a plea of nolo contendere and all previous accepted pleas of nolo contendere to an offense listed in Code Section 40-5-54 within such five-year period of time shall constitute a conviction. For the purposes of this paragraph, a plea of nolo contendere to a charge of violating Code Section 40-6-391 and all prior accepted pleas of nolo contendere within five years, as measured from the dates of previous arrests for which convictions were obtained or pleas of nolo contendere were accepted to the date of the current arrest for which a plea of nolo contendere is accepted, shall be considered and counted as convictions; or
(3) Upon the third conviction of any such offense within five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, such person shall be considered a habitual violator, and his license shall be revoked as provided for in paragraph (1) of subsection (a) of Code Section 40-5-62. For purposes of this paragraph, a plea of nolo contendere and all previous accepted pleas of nolo contendere to an offense listed in Code Section 40-5-54 within such five-year period shall constitute a conviction. 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 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 cur rent 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;

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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. Notwithstanding the provisions of subsec tion (a) of this Code section which provide for the early reinstatement of a driver's license, the Department of Public Safety shall not reinstate a driver's license during any period of suspension imposed under this subsection."
Section 10. Said title is further amended by striking subsection (e) of Code Section 405-63, relating to periods of suspension and conditions of reinstatement of a driver's license, in its entirety and inserting in lieu thereof a new subsection (e) to read as follows:
"(e) Any person convicted of violating subsection (a) or subsection (c) 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 this chapter and shall not be eligible for a limited driving permit as pro vided in Code Section 40-5-64. For purposes of this subsection, an accepted plea of nolo contendere to homicide by vehicle in the first degree or serious injury by vehicle shall con stitute a conviction."
Section 11. Said title is further amended by striking subsection (e) of Code Section 405-64, relating to limited driving permits, in its entirety and inserting in lieu thereof a new subsection (e) to read as follows:
"(e) A permit issued pursuant to this Code section shall be $6.00 $25.00 and shall be nonrenewable and shall become invalid upon the expiration of one year following the effec tive date of suspension of the applicant's driver's license in the case of a suspension for an offense listed in Code Section 40-5-54 or a suspension under Code Section 40-5-57 or upon the expiration of 120 days following conviction in the case of a suspension for a violation of Code Section 40-6-391, except that such limited driving permit shall expire upon the earlier reinstatement of the driver's license. A person convicted of such offense whose driver's li cense had been surrendered to the court in which such conviction was adjudged may apply to the department for a limited driving permit; immediately following such conviction. Upon the applicant's execution of an affidavit attesting to such facts and to the fact that the court had not imposed a suspension or revocation of his driver's license or driving privileges in consistent with the driving privileges to be conferred by the limited driving permit applied for, the department may issue such person a limited driving permit. A person convicted of such offense whose driver's license had not been surrendered to such court immediately following such conviction may apply to the department for a permit. Upon the applicant's surrender to the department of his driver's license and the execution of a similar affidavit, or if he has lost his driver's license, upon execution of an additional affidavit to that effect, the department may issue such person a limited driving permit."
Section 12. Said title is further amended by striking subsection (a) of Code Section 405-71, relating to the procedure upon notice of cancellation of minimum required motor vehi cle insurance, in its entirety and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) (1) In cases in which the minimum motor vehicle insurance required by Chapter 34 of Title 33~~is canceled within 180 days of the effective date of the policy of insurance, the insurer, within 15 days after the effective date of the cancellation date on which the policy cannot be reinstated to maintain coverage continuously in force, shall notify the Depart ment of Public Safety in the form specified by the department of such cancellation and the

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reason for such cancellation. In the event a canceled policy is reinstated by the insurer with out a lapse in coverage and such reinstatement occura after the insurer has notified the department of the cancellation, the insurer, within five days after the date the policy was reinstated, shall notify the department in the form specified by the department of such reinstatement. For the purposes of aiding in the enforcement of the requirement of mini mum motor vehicle insurance, insurers shall furnish any insurance coverage information deemed necessary by the department or other appropriate law enforcement agencies. ft>r the purposes of this Code section, cancellation shall be defined by regulation of the depart ment. The commissioner of public safety shall notify the Commissioner of Insurance quar terly of any and all notices of cancellation sent to the Department of Public Safety by any insurer in violation of the regulation of the Department of Public Safety defining a cancella tion and the Commissioner of Insurance may take appropriate action against such insurer, including, but not limited to, suspension or revocation of an agent's license, civil or criminal prosecution, monetary penalties, or any other sanction the Commissioner of Insurance is authorized by law to impose. No insurer shall utilize the costs of any audit or examination conducted by the Insurance Department pursuant to this paragraph as a cost of business in the insurer's rate base.
(2) The Department of Public Safety shall, by regulation, define cancellation for the purposes of insurers sending the notices required by this Code section and the department's definition shall in no way be construed as modifying the provisions of Code Section 33-244JT
(3) Notwithstanding the provisions of paragraph (1) of this subsection, any irregulari ties in the notice to the Department of Public Safety required by paragraph (1) of this subsection shall not invalidate an otherwise valid cancellation."
Section 13. Said title is further amended by striking Code Section 40-5-75, relating to the suspension of a driver's license for conviction of possession of a controlled substance or marijuana, in its entirety and inserting in lieu thereof a new Code Section 40-5-75 to read as follows:
"40-5-75. (a) The driver's license of any person convicted of possession of a controlled substance or marijuana in violation of subsection (b) of Code Section 16-13-2 or subsection (a) or (j) of Code Section 16-13-30 shall by operation of law be suspended and such suspen sion shall be subject to the following terms and conditions:
(1) Upon the first conviction of any such offense, with no arrest and conviction of and no plea of nolo contendere accepted to such offense within the previous five years, as mea sured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, the period of suspension shall be for not less than 180 days. At the end of 180 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 completion of the assessment component and either the edu cation/intervention component or the intensive intervention component of a DUI alcohol or drug uac risk reduction program as prescribed a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources and pays to the Department of Public Safety a restoration fee of $36.00 $210.00 or $26.00 $200.00 when such reinstatement is processed by mail. For purposes of this paragraph, a plea of nolo contendere by a person to a charge of possession of marijuana or a controlled substance in violation of subsection (b) of Code Section 16-13-2 or subsection (a) or (j) of Code Section 16-13-30 shall, except as provided in subsection (c) of this Code section, constitute a conviction;
(2) Upon the second conviction of any such offense within five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, the period of suspension shall be for three years, provided that after one year from the date of the conviction the person may apply to the Department of Public Safety for reinstatement of his driver's license by submitting proof of completion of the intensive intervention component of a DUI alcohol or drug uac risk rcduc tion program aa prescribed a DUI Alcohol or Drug Use Risk Reduction Program approved

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by the Department of Human Resources and paying to the Department of Public Safety a restoration fee of $06.00 $210.00 or $26.00 $200.00 when such reinstatement is processed by mail. For purposes of this paragraph, a plea of nolo contendere and all previous pleas of nolo contendere within such five-year period of time shall constitute a conviction; and
(3) Upon the third conviction of any such offense within five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, such person's license shall be suspended for a period of five years. At the end of two years, the person may apply to the Department of Public Safety for a three-year driving permit upon compliance with the following conditions:
(A) Such person has not been convicted or pleaded nolo contendere to any drug related offense, including driving under the influence, for a period of two years immediately preced ing the application for such permit;
(B) Such person submits proof of completion of a licensed drug treatment program. Such proof shall be submitted within two years of the license suspension and prior to the issuance of the permit. Such licensed drug treatment program shall be paid for by the of fender. The offender must pay a permit fee of $25.00 to the Department of Public Safety;
(C) Such person submits proof of financial responsibility as provided in Chapter 9 of this title; and
(D) Refusal to issue such permit would cause extreme hardship to the applicant. For the purposes of this subparagraph, the term 'extreme hardship' means that the applicant cannot reasonably obtain other transportation, and, therefore, the applicant would be pro hibited from:
(i) Going to his place of employment or performing the normal duties of his occupation;
(ii) Receiving scheduled medical care or obtaining prescription drugs;
(iii) Attending a college or school at which he is regularly enrolled as a student; or
(iv) Attending regularly scheduled sessions or meetings of support organizations for persons who have addiction or abuse problems related to alcohol or other drugs, which orga nizations are recognized by the commissioner.
(b) Whenever a person is convicted of possession of a controlled substance or marijuana in violation of subsection (b) of Code Section 16-13-2 or subsection (a) or (j) of Code Section 16-13-30, the court in which such conviction is had shall require the surrender to it of any driver's license then held by the person so convicted and the court shall thereupon forward such license and a copy of its order to the Department of Public Safety within ten days after the conviction. The periods of suspension provided for in this Code section shall begin on the date of such person's conviction for the offense resulting in such suspension; provided, however, that, effective January 1, 1992, if, at the time of conviction of unlawful possession of a controlled substance or marijuana, the person does not have a driver's license or the person's driver's license has been previously suspended, the periods of suspension specified by this Code section shall not commence until the person applies for the issuance or rein statement of a driver's license.
(c) (1) The decision to accept a plea of nolo contendere to a misdemeanor charge of unlawful possession of less than one ounce of marijuana shall be at the sole discretion of the judge. If a plea of nolo contendere is accepted as provided in this subsection, the judge shall, as a part of the disposition of the case, order the defendant to attend and complete the assessment and education/intervention components of a First Offender a DUI Alcohol or Drug Use Risk Reduction Program. The order shall stipulate that the defendant shall com plete such program within 120 days and that the defendant shall submit evidence of such completion to the Department of Public Safety. The judge shall also notify the defendant that, if he fails to complete such program by the date specified in the court's order, his driver's license shall be suspended, by operation of law, as provided in this Code section. The record of the disposition of the case shall be forwarded to the Department of Public Safety.

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(2) If a plea of nolo contendere is accepted and the defendant's driver's license has not been suspended under any other provision of this Code and if the defendant has not been convicted of or has not had a plea of nolo contendere accepted to a charge of violating this Code section within the previous five years, the court shall, subject to paragraph (1) of this subsection, return the driver's license to the person; otherwise, such driver's license shall be forwarded to the Department of Public Safety.
(d) Application for reinstatement of a driver's license under paragraph (1) or (2) of subsection (a) of this Code section shall be made on such forms as the commissioner may prescribe and shall be accompanied by proof of completion of the required components of a BW-alcohol or drug uac riak reduction program a DUI Alcohol or Drug Use Risk Reduction Program and a restoration fee of $36.00 $210.00 or $2fr0 $200.00 when such reinstatement is processed by mail. Application for a three-year driving permit under paragraph (3) of subsection (a) of this Code section shall be made on such form as the commissioner may prescribe and shall be accompanied by proof of completion of an approved residential drug treatment program and a fee of $25.00 for such permit.
(e) Notwithstanding any other provision of this Code section or any other provision of this chapter, any person whose license is suspended pursuant to this Code section shall not be eligible for early reinstatement of his license and shall not be eligible for a limited driving permit, but such person's license shall be reinstated only as provided in this Code section.
(f) Except as provided in subsection (a) of this Code section, it shall be unlawful for any person to operate any motor vehicle in this state after such person's license has been sus pended pursuant to this Code section if such person has not thereafter obtained a valid license. Any person who is convicted of operating a motor vehicle before the department has reinstated such person's license or issued such person a three-year driving permit shall be punished by a fine of not less than $750.00 nor more than $5,000.00 or by imprisonment in the penitentiary for not more than 12 months, or both.
(g) Notwithstanding the provisions of Code Section 15-11-38 and except as provided in subsection (c) of this Code section, an adjudication of a minor child as a delinquent child or an unruly child for possession of marijuana or a controlled substance in violation of subsec tion (b) of Code Section 16-13-2 or subsection (a) or (j) of Code Section 16-13-30 shall be deemed a conviction for purposes of this Code section.
(h) Notwithstanding the provisions of subsection (a) of this Code section, licensed driv ers who are 16 years of age who are adjudicated in a juvenile court pursuant to this Code section may, at their option, complete an aaacasmcnt component and an education/interven tion component or intensive intervention component of a DUI alcohol or drug uac riak re duction program operated by or under contract with the juvenile court in lieu of a program as prescribed a DUI Alcohol or Drug Use Risk Reduction Program approved by the Depart ment of Human Resources or an assessment and intervention program approved by the juvenile court."
Section 14. Said title is further amended by striking Code Section 40-5-80, relating to the purpose of the "Georgia Driver Improvement Act," in its entirety and inserting in lieu thereof a new Code Section 40-5-80 to read as follows:
"40-5-80. The purpose of this article, the 'Georgia Driver Improvement Act,' is to im prove and promote greater safety upon the highways and streets of this state; to improve the attitude and driving habits of drivers who accumulate traffic accident and motor vehicle conviction records; and to provide uniform DUI alcohol or drug uac riah reduction programs Alcohol or Drug Use Risk Reduction Programs for the rehabilitation of persons identified as reckless or negligent drivers and frequent violators. In carrying out this purpose, the De partment of Public Safety shall:
(1) Charge a fee for the consideration of applications for approval of driver improve ment clinics and instructors. The amount of this fee shall be established by the Board of

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Public Safety and shall, as best as the board shall determine, approximate the expense in curred by the Department of Public Safety in consideration of an application. These li censes shall be valid for a period of two years unless suspended or revoked prior to the expiration of that time period; and
(2) Require, in addition to the criteria for approval of driver improvement clinics estab lished by the commissioner of public safety, as provided in subsection (a) of Code Section 40-5-83, that every driver improvement clinic shall, as a condition of approval, provide a continuous surety company bond for the protection of the contractual rights of students in such form as will meet with the approval of the Department of Public Safety and written by a company authorized to do business in this state. The principal sum of the bond shall be established by the Board of Public Safety; however, in no event shall this amount be less than $2,500.00. If at any time said bond is not valid and in force, the license of the clinic shall be deemed suspended by operation of law until a valid surety company bond is again in forceT1
Section 15. Said title is further amended by striking Code Section 40-5-81, relating to the optional nature of certain driver improvement programs, in its entirety and inserting in lieu thereof a new Code Section 40-5-81 to read as follows:
"40-5-81. (a) Thia article ia intended to provide an additional method for the restore tion of the licenses of those persona whose drivers' licenses have been suspended or revoked pursuant to the laws of this state. Acceptance of the provisions of thia article shall be volun tary on the part of each driver within this atate, and no driver shall be compelled to partici' pate in the driver improvement program established under thia article. This article shall not affect the power of any court to require attendance at any course or driver improvement program to which the court could otherwise require attendance. Compliance with thia article shall be an alternative method by which a driver may have his license restored after it has been suspended or revoked by the department and shall be in addition to the methods provided for the restoration of a driver's license or the issuance of a limited driving permit by Article 8 of thia chapter.
(b) Whenever any person is authorized or required to attend a driver improvement clinic or program DUI Alcohol or Drug Use Risk Reduction Program as a condition of any sentence imposed under this title or any ordinance enacted pursuant to this title or as a condition of the retention or restoration of his driving privilege, such person, in complying with such condition, shall be authorized to attend any driver improvement clinic or program DUI Alcohol or Drug Use Risk Reduction Program certified under this article; and no judicial officer, probation officer, law enforcement officer, or other officer or employee of a court shall specify, directly or indirectly, a particular driver improvement clinic or program DUI Alcohol or Drug Use Risk Reduction Program which the person may or shall attend. This Code section shall not prohibit any judicial officer, probation officer, law enforcement officer, or other officer or employee of a court from furnishing any person, upon request, the names of certified driver improvement clinics or programs DUI Alcohol or Drug Use Risk Reduc tion Programs."
Section 16. Said title is further amended by striking subsection (c) of Code Section 405-83, relating to establishment and approval of driver improvement clinics and DUI Alcohol or Drug Use Risk Reduction Programs, in its entirety and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) The commissioner shall be authorized to issue a special license to the instructor of any driver improvement clinic who is qualified to teach the alcohol and drug course pre scribed in subsection (b) of Code Section 20-2-142. A driver improvement clinic shall offer such alcohol and drug course only through a qualified instructor and shall not charge a fee for such course of more than $25.00. The commissioner shall be authorized to issue a special license to the instructor of any commercial driver training school to teach the alcohol and drug course prescribed in subsection (b) of Code Section 20-2-142 who is qualified to teach a teen-age driver education course, which course consists of a minimum of 30 hours of class room and six hours of behind the wheel training. The alcohol and drug program may be

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included in the 30 hours of classroom training as part of a curriculum approved by the department. Any fee authorized by law for such a drug and alcohol course may be included in the tuition charge for a teen-age driver education course."
Section 17. Said title is further amended by striking Code Section 40-5-84, relating to reinstatement of licenses suspended for certain offenses or points, in its entirety and in serting in lieu thereof a new Code Section 40-5-84 to read as follows:
"40-5-84. (a) Except as otherwise provided, the license of any person whose license is suspended for the first time as a result of the conviction of an offense listed in Code Section 40-5-54 shall, at the expiration of 120 days following the date the license is suspended, be reinstated by the department upon receipt by the department of a certificate of completion of an approved defensive driving course or an approved basic alcohol or drug course DUI Alcohol or Drug Use Risk Reduction Program and the payment of a restoration fee of $36.00 $210.00 or $26rQ9 $200.00 when such reinstatement is processed by mail.
(b) The license of any person whose license is suspended for the second time as a result of the conviction of an offense listed in Code Section 40-5-54 shall, at the expiration of 120 days following the date the license is suspended, be reinstated by the department upon receipt by the department of a certificate of completion of an advanced defensive driving course or an approved advanced alcohol or drug course DUI Alcohol or Drug Use Risk Re duction Program and the payment of a restoration fee of $3feOe $210.00 or $26^9 $200.00 when such reinstatement is processed by mail.
(c) The license of any person whose license is suspended for the first time as a result of the assessment of points pursuant to Code Section 40-5-57 shall be reinstated by the depart ment immediately upon receipt by the department of a certificate of completion of an ap proved defensive driving course or an approved basic alcohol or drug course DUI Alcohol or Drug Use Risk Reduction Program and the payment of a restoration fee of $3fe0 $210.00 o7
$200.00 when such reinstatement is processed by mail.
(d) The license of any person whose license is suspended for the second time as a result of the assessment of points pursuant to Code Section 40-5-57 shall be reinstated by the department immediately upon receipt by the department of a certificate of completion of an advanced defensive driving course or an approved advanced alcohol or drug course DUI Alcohol or Drug Use Risk Reduction Program and the payment of a restoration fee of $86.00 $210.00 or $2&ee $200.00 when such reinstatement is processed by mail."
Section 18. Said title is further amended by striking Code Section 40-5-86, relating to reduction of point count upon completion of course, in its entirety and inserting in lieu thereof a new Code Section 40-5-86 to read as follows:
"40-5-86. Upon the accumulation of eight points or more pursuant to Code Section 405-57, the total number of points accumulated by any driver shall be reduced by seven points upon the satisfactory completion by such driver of an approved defensive driving course or an approved basic alcohol or drug course DUI Alcohol or Drug Use Risk Reduction Program and the submission of a certificate by such driver to the department. The provisions of this Code section shall be available one time only to each driver in any ten-year period."
Section 19. Said title is further amended by striking Code Section 40-5-88, relating to administrative penalties, in its entirety and inserting in lieu thereof a new Code Section 405-88 to read as follows:
"40-5-88. As an alternative to criminal or other civil enforcements, the commissioner of public safety or the commissioner of human resources, whichever is applicable, in order to enforce this article or any orders, rules, or regulations promulgated pursuant to this article, may issue an administrative fine not to exceed $1,000.00 for each violation, whenever the that commissioner, after a hearing, determines that any person, firm, or corporation has violated any provisions of this article or any regulations or orders promulgated under this article. The hearing and any administrative review thereof shall be conducted in accordance

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with the procedure for contested cases under Chapter 13 of Title 50, the 'Georgia Adminis trative Procedure Act.' Any person, firm, or corporation who has exhausted all administra tive remedies available and who is aggrieved or adversely affected by a final order or action of either the commissioner of public safety or the commissioner of human resources shall have the right of judicial review thereof in accordance with Chapter 13 of Title 50. All fines recovered under this Code section shall be paid into the state treasury. The commissioner of public safety or the commissioner of human resources, as appropriate, may file, in the supe^ rior court (1) wherein the person under order resides; (2) if such person is a corporation, in the county wherein the corporation maintains its principal place of business; or (3) in the county wherein the violation occurred, a certified copy of a final order of the such commis sioner, whether unappealed from or affirmed upon appeal, whereupon the court shall render judgment in accordance therewith and notify the parties. Such judgment shall have the same effect and proceedings in relation thereto shall thereafter be the same as though the judgment had been rendered in an action duly heard and determined by the court. The penalty prescribed in this Code section shall be concurrent, alternative, and cumulative with any and all other civil, criminal, or alternative rights, remedies, forfeitures, or penalties pro vided, allowed, or available to the such commissioner with respect to any violation of this article or any order, rules, or regulations promulgated pursuant to this article."
Section 20. Said title is further amended by striking Code Section 40-5-100, relating to identification cards for persons without drivers' licenses, in its entirety and inserting in lieu thereof a new Code Section 40-5-100 to read as follows:
"40-5-100. (a) The Department of Public Safety shall issue personal identification cards to all persons residents as defined in Code Section 40-5-1 who make application to the de partment in accordance with rules and regulations prescribed by the Board of Public Safety. Cards issued to applicants under 21 years of age shall contain the distinctive characteristics of drivers' licenses issued pursuant to Code Section 40-5-26. The identification card shall be similar in form but distinguishable in color from motor vehicle drivers' licenses and shall contain a recent color photograph of the applicant and include the following information:
(1) Full legal name;
(2) Address of residence;
(3) Birth date;
(4) Date identification card was issued;
(5) Sex;
(6) Height;
(7) Weight;
(8) Eye color;
(9) Post where the identification card was issued; and
(10) Signature of person identified.
(b) The identification card shall be valid for four years and shall bear the signatures of the commissioner of public safety and the Governor and shall bear an identification card number which shall be the same as the social security number or, in the case of an individ ual who is not a citizen of the United States, the passport number of the person identified or any number the department deems necessary to implement this Code section."
Section 21. Said title is further amended by striking subsection (a) of Code Section

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40-5-151, relating to disqualification from driving a commercial motor vehicle, and inserting in lieu thereof the following:
"(a) Any person is disqualified from driving a commercial motor vehicle for a period of not less than one year:
(1) If convicted of a first violation of:
(A) Any offense specified in Code Section 40-5-54 that occurs while the person is driv ing or being in actual physical control of a moving commercial motor vehicle; QJ;
(B) Driving under the influence of alcohol of drugs, as provided in Code Section 40-6-
Of\-1 Q..
{} (B) Driving or being in actual physical control of a moving commercial motor vehi cle while there is 0.04 percent or more by weight of alcohol in his or her blood, breath, or urine; or
(2) For refusal to submit to a test as prescribed in paragraph (1) of subsection (a) of Code Section 40-6-392 to determine the driver's alcohol concentration while driving a com mercial motor vehicle."
Section 22. Said title is further amended by striking Code Section 40-6-11, relating to the applicability of the rules of the road, in its entirety and inserting in lieu thereof a new Code Section 40-6-11 to read as follows:
"40-6-11. (a) For the purposes of this Code section, 'motorcycle' means any motor vehi cle traveling on public streets or highways having a seat or saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground but exclud ing a tractor and a moped.
(b) Except aa provided in aubacctiona (c), (d), and (c) of thia Code section, the proviaiona of thia chapter shall not apply to the operation of motorcycles.
{) (b) No owner of a motorcycle or any other person, other than a self-insurer as de fined in~Chapter 34 of Title 33, shall operate or authorize any other person to operate the motorcycle unless the owner has liability insurance on the motorcycle equivalent to that required as evidence of security for bodily injury and property damage liability under Code Section 40-9-37. Any person who violates this subsection shall be guilty of a misdemeanor.
{d} (c) The operator of a motorcycle shall keep proof or evidence of the minimum insur ance coverage required by this Code section in his immediate possession or on the motorcy cle at all times when such person is operating the motorcycle. Any person who violates this subsection shall be subject to a fine not to exceed $25.00; however, there shall be no suspen sion of the person's operator's license or motor vehicle license tag for a violation of this subsection.
4e} (d) Every law enforcement officer in this state shall request the operator of a motor cycle to produce proof or evidence of minimum insurance coverage required by this Code section at any time the law enforcement officer requests the presentation of the driver's license of such operator."
Section 23. Said title is further amended by striking Code Section 40-6-160, relating to speed limits for school buses, in its entirety and inserting in lieu thereof a new Code Section 40-6-160 to read as follows:
"40-6-160. (a) Except as otherwise provided in subsection (b) of this Code section, it shall be unlawful to operate:
(1) A school bus transporting school children to and from school or to and from school activities at a speed greater than 40 miles per hour on a public road other than one which is a part of a National System of Interstate and Defense Highways; or
(2) A school bus transporting school children to and from school or to and from school

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activities on a public road which is a part of a National System of Interstate and Defense Highways at a speed greater than 66 55 miles per hour.
(b) When a school bus is transporting school children to or from an event or school activity or an express bus transporting students from one school to another school and is not loading or unloading children during such transportation, the speed limit shall be 66 55 miles per hour on other public roads as well as on those public roads which are a part of tHe National System of Interstate and Defense Highways."
Section 24. Said title is further amended by striking subsection (a) of Code Section 406-252, relating to parking, standing, or driving a motor vehicle in a private parking area after being requested not to do so, in its entirety and inserting in lieu thereof a new subsec tion (a) to read as follows:
"(a) No person shall, after having been requested not to do so by a law enforcement officer or an authorized agent of the owner, park or stand an occupied or unoccupied motor vehicle in or repeatedly drive a motor vehicle through or within a parking area located on privately owned property and provided by a merchant, group of merchants, or shopping center or other facility for customers if:
(1) The parking area is identified by at least one sign as specified in this paragraph, and if the parking area contains more than 150 parking spaces then by at least one such sign for every 160 parking spaces at each entrance to the parking area, each such sign containing the following information in easy to read printing:
(A) Notice of this Code section;
(B) Identification of the property which is reserved for customers' use only;
(C) Identification of the merchant, group of merchants, or shopping center or other similar facility providing the parking area; and
(D) Warning that violators will be prosecuted; and
(2) The motor vehicle is parked, is standing, or is being operated other than for the purpose of:
(A) Transporting some person to or from the interior of the place of business of a merchant identified by the sign or signs in the parking area or to or from the interior of the shopping center or other facility so identified;
(B) Making use of a telephone, vending machine, automatic teller machine, or other similar facility located in the parking area;
(C) Meeting the requirements of a situation in which it has unexpectedly become im possible or impractical for the motor vehicle to continue to travel on the public roads; or
(D) Carrying out an activity for which express permission has been given by the owner of the parking area or an authorized representative of the owner."
Section 25. Said title is further amended by striking subsection (d) of Code Section 406-391.1, relating to entry of a plea of nolo contendere to a charge of violating Code Section 40-6-391, in its entirety and inserting in lieu thereof a new subsection (d) to read as follows:
"(d) If a plea of nolo contendere is accepted as provided in subsection (b) of this Code section, the judge shall, as a part of the disposition of the case, order the defendant to attend and complete a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources. The order shall stipulate that the defendant shall com plete such program within 120 days and that the defendant shall submit satisfactory evi dence of such completion to the Department of Public Safety and the court within 120 days of the issuance of the court order. The court shall also require the surrender of the driver's license and shall retain such license until submission of proof of completion of a DUI Alco hol 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

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JOURNAL OF THE SENATE

days from its issuance. The defendant's driver's license shall be returned by the court imme diately upon submission of proof of completion of a DUI Alcohol or Drug Use Risk Reduc tion 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 inva lid and his driver's license shall be suspended, by operation of law, as provided in Code Section 40-5-68 and shall remain suspended until the defendant completes such program."
Section 26. Said title is further amended by striking subsection (d) of Code Section 408-22, relating to headlights, in its entirety and inserting in lieu thereof a new subsection (d) to read as follows:
"(d) The headlights required by this Code section shall be maintained in proper work ing condition and shall not be covered by any type of material, provided that the covering restriction shall not apply to any vehicle on which the original factory headlights were covered.71
Section 27. Said title is further amended by striking subsection (c) of Code Section 408-73.1, relating to affixing of materials to windshields or windows to reduce light transmis sion, in its entirety and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) The provisions of subsection (b) of this Code section shall not apply to:
(1) Adjustable sun visors which are mounted forward of the side windows and are not attached to the glass;
(2) Signs, stickers, or other matter which is displayed in a seven-inch square in the lower corner of the windshield farthest removed from the driver or signs, stickers, or other matter which is displayed in a five-inch square in the lower corner of the windshield nearest the driver;
(3) Direction, destination, or termination signs upon a passenger common carrier motor vehicle if the signs do not interfere with the driver's clear view of approaching traffic;
(4) Any transparent item which is not red or amber in color which is placed on the uppermost six inches of the windshield;
(5) Any federal, state, or local sticker or certificate which is required by law to be placed on any windshield or window;
(6) The rear windshield or the side or door windows, except those windows to the right and left of the driver of:
(A) A multipurpose passenger vehicle;
(B) A school bus, any other bus used for public transportation, and any bus or van owned or leased by any religious or any nonprofit organization duly incorporated under the laws of this state;
(C) Any limousine owned or leased by a public or private entity; or
(D) Any other vehicle, the windows or windshields of which have been tinted or dark ened before factory delivery or permitted by federal law or regulation; er
(7) Any motor vehicle not registered in this state? ; or
(8) Any law enforcement vehicle."
Section 28. Said title is further amended by striking Code Sections 40-8-74 and 40-8-77 in their entirety and inserting in lieu thereof new Code Sections 40-8-74 and 40-8-77 to read as follows:
"40-8-74. (a) No vehicle equipped with solid rubber tires shall be used or transported on the highways, unless every solid rubber tire on such vehicle shall have rubber on its entire traction surface at least one inch thick above the edge of the flange on the entire periphery.

TUESDAY, MARCH 31, 1992

3501

(b) No person shall operate or move on any highway any motor vehicle, trailer, or semi trailer having any metal tire in contact with the roadway.
(c) No tire on a vehicle moved on a highway shall have on its periphery any block, stud, flange, cleat, or spike or any other protuberance of any material other than rubber which projects beyond the tread of the traction surface of the tire, except that it shall be permissi ble to use:
(1) Farm machinery with tires having protuberances which will not injure the highway; and
(2) Tire chains of reasonable proportions or tires equipped with safety apikc metal metal spike studs upon any vehicle when required for safety because of snow, ice, or other conditions tending to cause a vehicle to skid.
(d) The Transportation Board and local authorities in their respective jurisdictions may in their discretion issue special permits authorizing the operation upon a highway of trac tion engines or tractors having movable tracks with transverse corrugations upon the pe riphery of such movable tracks, or of farm tractors or other farm machinery, the operation of which upon a highway would otherwise be prohibited under this Code section.
(e) All tires:
(1) Shall have not less than 2/32 inch tread measurable in all major grooves with the exception of school buses which shall have not less than 4/32 inch tread measurable in all major grooves;
(2) Shall be free from any cuts, breaks, or snags on tread and sidewall deep enough to expose body cord; and
(3) Shall be free from bumps, bulges, or separations.
(f) No motor vehicle shall be operated on a public street or highway with tires that have been marked 'not for highway use,' 'for racing purposes only,' or 'unsafe for highway use.'
(g) Retreaded tires shall not be used upon the front wheels of buses."
"40-8-77. (a) As used in this Code section, the term 'private passenger automobile' shall mean a four-wheel motor vehicle designed for carrying ten passengers or less, not for hire, for use on public roads and highways, and not designed for use as a dwelling or for camping, provided that the term 'private passenger automobile' shall not include a multipurpose vehi cle, which is, for the purposes of this Code section, defined as a motor vehicle, except a trailer, designed to carry ten passengers or less and constructed either on a truck chassis or with special features for occasional off-road operation.
(b) Every new private passenger automobile manufactured on and after August 1, 1973, which is sold or licensed in this state shall be sold subject to the manufacturer's warranty that it is equipped with an appropriate energy absorption system conforming to all federal motor vehicle safety standards applicable to such automobile on the date of manufacture. The warranty may be given by means of the federal safety standard certification label af fixed to the automobile.
(c) The warranty provisions of this Code section ahall not be applicable with rcapect to any private paascngcr automobile as to which the manufacturer filca a written certification under oath with the Department of Public Safety, on a form to be prescribed by that dc partmcnt, that the particular make and model dcacribcd therein complies with the applica ble standards of this Code section."
Section 29. Said title is further amended by striking Code Sections 40-13-3, 40-13-23, 40-13-29, 40-13-30, 40-13-31, 40-13-33, 40-13-50, 40-13-53, 40-13-57, 40-13-60, and 40-13-62 in their entirety and inserting in lieu thereof the following:
"40-13-3. Except for offenses tried in the superior courts, all other courts having juris diction of the offense ahall may proceed with the adjudication of the offenses contained within the complaint without the necessity of filing an indictment or other accusation in

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JOURNAL OF THE SENATE

order to bring the accused to trial. The judge or clerk of each court before whom a person accused of such an offense is brought shall promptly report the final disposition of the case to the Department of Public Safety."
"40-13-23. (a) No court defined in this article shall have the power to dispose of traffic misdemeanor cases as provided in this article unless the defendant shall first waive in writ ing a trial by jury. If the defendant wishes a trial by jury, he shall notify the court and, if reasonable cause exists, he shall be immediately bound over to the court in the county hav ing jurisdiction to try the offense, wherein a jury may be impaneled. Where a cash bond or driver's license in lieu of bond has been posted, the bond shall be transferred to the court assuming jurisdiction without the necessity of the defendant posting new boiidT
(b) No waiver of a trial by jury may be withdrawn when such waiver has been inter posed for the purpose of delay. Except with approval of the court, no waiver of a trial by jury may be withdrawn after the commencement of the trial or the filing of motions on behalf of the defendant, whichever comes first."
"40-13-29. In all counties except those having city, county, or state courts, the judge of the probate court shall have exclusive jurisdiction of all traffic misdemeanor cases originat ing in the county outside of municipal corporationsr-The , and the judge of the municipal court in each municipal corporation shall have exclusive jurisdiction of traffic misdemeanor cases originating inside the corporate limits of municipalities.
40-13-30. State highway patrolmen Officers of the Georgia State Patrol and any other officer of this state or of any county or municipality thereof having authority to arrest for a criminal offense of the grade of misdemeanor shall have authority to prefer charges and bring offenders to trial under this article, provided that officers of an incorporated munici pality shall have no power to make arrests beyond the corporate limits of such municipality unless such jurisdiction is given by local or other law.
40-13-31. The sheriffs of the several counties of this state are entitled to an arresting fee, as provided by law, in every case in which the sheriff or his lawful deputy arrests, assists in arresting, or takes custody of any person charged with crime who has been apprehended by an officer of the state patrol Georgia State Patrol and delivered to the sheriff or his lawful deputy. If the sheriff is upon a salary, the fee shall be paid into the county treasury."
"40-13-33. (a) Any challenge to a misdemeanor conviction of any of the traffic laws of this state or the traffic laws of any county or municipal government which may be brought pursuant to Chapter 14 of Title 9 must be filed within 180 days of the date the conviction becomes final.
(b) Any challenge to a conviction specified in subsection (a) of this Code section which became final before March 28, 1986, must be filed within 180 days following March 28, 1986.
(c) When the commissioner of public safety is named as the respondent, all such peti tions must be brought in the Superior Court of Fulton County.
(d) Failure to file the challenge within the time prescribed in this Code section shall divest the court of jurisdiction."
"40-13-50. In every court of this state having jurisdiction over the violation of traffic laws or traffic ordinances, the judge, or the judges where there are is more than one judge, may provide by written order for the establishment of a traffic violations bureau for the handling or disposition of certain traffic cases in substantial compliance with this article. The court shall promulgate and provide to the clerk of the traffic violations bureau a list of the traffic offenses which shall be handled and disposed of by the traffic violations bureau. However, nothing in this article shall authorize the judge of such court to employ any person or persons to administer this article."
"40-13-53. (a) Subject to the exceptions set out in subsection (b) of this Code section, any officer who arrests any person for the violation of a traffic law or traffic ordinance al leged to have been committed outside the corporate limits of any municipality shall permit such person to be released upon being served with a citation and complaint and agreeing to

TUESDAY, MARCH 31, 1992

3503

appear, as provided in this article, unlcaa . If such officer has reasonable and probable grounds to believe that the person will not obey such citation and agreement to appear, the officer may require such person to surrender his driver's license in accordance with Code Section IT^TT
(b) Pcraona arrested for the following offcnsca may not be released an provided in sub section (a) of thio Code section The following offenses shall not be handled or disposed of by a traffic violations bureau:
(1) Operating a motor vehicle in violation of Code Section 40-6-801 Any offense for which a driver's license may be suspended by the commissioner of public safety;
(2) Any motor vehicle registration violation;
(3) A violation of Code Section 40-5-20;
(3) (4) Speeding in excess of i& 30 miles per hour over the posted speed limit; or
(4) Any other offcnac which the court haa cxccptcd by order.
(5) Any offense which would otherwise be a traffic violations bureau offense but which arose out of the same conduct or occurred in conjunction with an offense which is excluded from the jurisdiction of the traffic violations bureau. Any such offense shall be subject to the maximum punishment set by law.
(c) The court may, by its order, add to the exceptions act out in subsection (b) of this Code section but shall have no authority to remove any of such cxecptiona."
"40-13-57. In the event an officer has authority to issue citation and complaint as set forth in Code Section 40-13-53 but declines to do so because of his belief that such person will not obey the citation and agreement to appear, such officer may bring such person to the traffic violations bureau and such person may be allowed to post a cash bond for his appearance in accordance with the schedule established by the court."
"40-13-60. Any traffic violation under the jurisdiction of the traffic violations bureau shall be characterized and classified as a traffic violation and shall not be considered as a misdemeanor. Whenever any traffic violation is transferred from another court to a court which has a traffic violations bureau, if such offense is classified as a traffic violation on the traffic violations bureau schedule of the receiving court, such violation shall be handled and disposed of by such traffic violations bureau. Where a defendant demands a trial on a traffic violation, it shall be tried before a judge of the court which established the traffic violations bureau. The request for a trial shall not result in a loss of jurisdiction by the traffic viola tions bureau."
"40-13-62. When any person cited for a traffic violation pursuant to this article fails to appear in court on the date specified in the citation and in accordance with his written promise to appear, unless such person has posted a cash bond as provided in this article, the traffic violations bureau thereupon loses jurisdiction and the citation shall be forwarded to the prosecuting attorney of the court who shall have an accusation issued against such person. a4 Upon motion of the prosecuting attorney, a bench warrant shall issue based on the accusation for the arrest of the defendant. The defendant's case shall be docketed by the clerk of the court and handled as all other misdemeanors."
Section 30. Said title is further amended by striking Code Sections 40-14-7 and 40-14-8 in their entirety and inserting in lieu thereof new Code Sections 40-14-7 and 40-14-8 to read as follows:
"40-14-7. No stationary speed detection device shall be employed by county, municipal, college, or university law enforcement officers where the vehicle from which the device is operated is not visible to obstructed from the view of approaching motorists or is otherwise not visible for a distance of at least 500 feet.
40-14-8. (a) No county, city, or campus officer shall be allowed to make a case based on the use of any speed detection device except in properly marked school zonca one hour

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JOURNAL OF THE SENATE

before, during, and one hour after the normal hours of achool operation, and improperly marked residential diatricto, unless the speed of the vehicle exceeds the posted speed limit by more than ten miles per hour; and no conviction shall be had thereon unless such speed is more than ten miles per hour above the posted speed limit.
(b) The limitations contained in subsection (a) of this Code section shall not apply in prop'erly marked school zones one hour before, during, and one hour after the normal hours of school operation and in properly marked residential zones. For purposes of this chapter, thoroughfares with speed limits of 35 miles per hour or more shall not be considered resi dential districts."
Section 31. (a) Except as provided in subsection (b) of this section, this Act shall be come effective upon its approval by the Governor or upon its becoming law without such approval.
(b) Section 1.2 of this Act shall become effective July 1, 1992.
Section 32. All laws and parts of laws in conflict with this Act are repealed.
Senator Broun of the 46th moved that the Senate adopt the Conference Committee report on SB 505.

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 Clay Coleman Collins Dawkins Deal Echols Edge English

Foster 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 Tate Taylor Timmons Turner Tysinger Walker of 43rd White

Those not voting were Senators:

Dean Egan Garner

Gillis Shumake Steinberg

Thompson Walker of 22nd

On the motion, the yeas were 48, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on SB 505.

The following bill of the House was taken up for the purpose of considering the Confer ence Committee report thereon:

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.

TUESDAY, MARCH 31, 1992

3505

The Conference Committee report on HB 1261 was as follows:
The Committee of Conference on HB 1261 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference substitute to HB 1261 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 1261:

A BILL
To be entitled an Act to make and provide appropriations for the State Fiscal Year beginning July 1, 1992, and ending June 30, 1993; to make and provide such appropriations for the operation of the State government, its departments, boards, bureaus, commissions, institutions, and other agencies, and for the university system, common schools, counties, municipalities, political subdivisions and for all other governmental activities, projects and undertakings authorized by law, and for all leases, contracts, agreements, and grants author ized by law; to provide for the control and administration of funds; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
That the sums of money hereinafter provided are appropriated for the State Fiscal Year beginning July 1, 1992, and ending June 30, 1993, as prescribed hereinafter for such fiscal year, from funds from the Federal Government and the General Funds of the State, includ ing unappropriated surplus, reserves and a revenue estimate of $8,174,000,000 (excluding indigent trust fund receipts) for State Fiscal Year 1993.
PART I.
LEGISLATIVE BRANCH

Section 1. General Assembly.

Budget Unit: General Assembly .............. $22,674,129

Personal Services -- Staff. ................... $11,358,969

Personal Services -- Elected Officials ............... $3,631,045

Regular Operating Expenses .......... $2,630,225

Travel -- Staff. ................................. $88,600

Travel -- Elected Officials ...................... $7,000

Capital Outlay ......................................... $--0--

Equipment ...................................

$165,500

Computer Charges ................................. $481,000

Real Estate Rentals .............................. $5,000

Telecommunications ................ $675,000

Per Diem, Fees and Contracts -- Staff .......... $233,174

Per Diem, Fees and Contracts -- Elected Officials.......... $2,200,816

Photography................................... $65,000

Expense Reimbursement Account........ $1,132,800

Total Funds Budgeted ................

$22,674,129

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JOURNAL OF THE SENATE

State Funds Budgeted ........................................... $22,674,129

Senate Functional Budgets Total Funds

State Funds

Senate and Research Office Lt. Governor's Office

$ 3,848,370 $ 3,848,370

$

618,694 $

618,694

Secretary of the Senate's Office

$ 1,165,879 $ 1,165,879

Total

$ 5,632,943 $ 5,632,943

House Functional Budgets Total Funds

State Funds

House of Representatives and Research Office Speaker of the House's Office

$ 8,770,991 $ 8,770,991

$

468,810 $

468,810

Clerk of the House's Office Total

$ 1,163,037 $ 1,163,037 $ 10,402,838 $ 10,402,838

Legislative Counsel's Office

Joint Functional Budgets Total Funds
$ 2,267,317

State Funds $ 2,267,317

Legislative Fiscal Office Legislative Budget Office

$ 2,136,938 $ 2,136,938

$

902,812 $

902,812

Ancillary Activities

$ 1,331,281 $ 1,331,281

Total

$ 6,638,348 $ 6,638,348

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

TUESDAY, MARCH 31, 1992

3507

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 ................................ $15,320,116 Operations Budget: Personal Services................................................ $13,035,900 Regular Operating Expenses......................................... $386,144 Travel ............................................................ $521,650 Motor Vehicle Purchases............................................ $108,000 Equipment .......................................................... $9,550 Real Estate Rentals ................................................ $802,995 Per Diem, Fees and Contracts ........................................ $39,000 Computer Charges ................................................. $311,177 Telecommunications ................................................ $105,700 Total Funds Budgeted ........................................... $15,320,116 State Funds Budgeted ........................................... $15,320,116
PART II.
JUDICIAL BRANCH
Section 3. Supreme Court. Budget Unit: Supreme Court........................................ $4,818,172 Personal Services................................................. $4,200,877 Operating Expenses .............................................. $1,302,295 Total Funds Budgeted ............................................ $5,503,172 State Funds Budgeted ............................................ $4,818,172
Section 4. Court of Appeals. Budget Unit: Court of Appeals ...................................... $5,743,669 Personal Services................................................. $4,944,669 Operating Expenses ................................................ $849,000 Total Funds Budgeted ............................................ $5,793,669 State Funds Budgeted ............................................ $5,743,669
Section 5. Superior Courts. Budget Unit: Superior Courts ...................................... $45,423,943 Operation of the Courts ......................................... $43,881,506 Prosecuting Attorneys' Council .................................... $1,791,715 Sentence Review Panel ............................................. $153,600 Council of Superior Court Judges .................................... $114,499 Judicial Administrative Districts ................................... $1,083,899 Habeas Corpus Clerk ................................................. $7,800 Total Funds Budgeted ........................................... $47,033,019 State Funds Budgeted ........................................... $45,423,943
Section 6. Juvenile Courts. Budget Unit: Juvenile Courts ......................................... $847,005
Section 7. Institute of Continuing Judicial Education. Budget Unit: Institute of Continuing Judicial Education ................. $634,322 Institute's Operations............................................... $498,322 Georgia Magistrate Courts Training Council .......................... $136,000 Total Funds Budgeted .............................................. $634,322 State Funds Budgeted .............................................. $634,322
Section 8. Judicial Council. Budget Unit: Judicial Council....................................... $2,061,454

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JOURNAL OF THE SENATE

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 .........................

$1,186,713
. . . $76,500 . . . $97,845 . . $26,000 . . $20,000 . . $12,000 . . $240,000 . $660,000 $2,319,058 $2,061,454

Section 9. Judicial Qualifications Commission. Budget Unit: Judicial Qualifications Commission .

. . $139,258

Section 10. Indigent Defense Council. Budget Unit: Indigent Defense Council ...........
PART III.
EXECUTIVE BRANCH

$1,009,958

Section 11. Department of Administrative Services. A. Budget Unit: Department of Administrative Services ............. $33,844,297 Administration and Services Budget: Personal Services................................................ $46,778,371 Regular Operating Expenses...................................... $11,492,080 Travel ............................................................ $258,940 Motor Vehicle Purchases............................................. $74,480 Equipment ...................................................... $1,519,525 Computer Charges ............................................... $8,084,211 Real Estate Rentals .............................................. $3,706,467 Telecommunications .............................................. $2,820,365 Per Diem, Fees and Contracts ..................................... $2,794,325 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 ................................................... $190,436 Direct Payments to Georgia Building Authority for Operations ......... $--0-- Telephone Billings .............................................. $44,334,000 Radio Billings ..................................................... $383,880 Materials for Resale ............................................. $16,500,000 Public Safety Officers Indemnity Fund ............................... $300,000 Health Planning Review Board Operations ............................ $35,825 Total Funds Budgeted .......................................... $153,813,171 State Funds Budgeted ........................................... $33,844,297

Department of Administrative Services Functional Budgets

Total Funds

State Funds

State Properties Commission

$

426,352 $

426,352

Departmental Administration

$ 3,592,302 $ 2,559,388

Treasury and Fiscal Administration

$ 11,483,963 $ 8,733,963

Central Supply Administration

$ 17,054,087 $

--0--

Procurement Administration

$ 2,916,773 $ 2,916,773

General Services Administration

$

786,163 $

--0--

Space Management Administration

$

478,061 $

478,061

TUESDAY, MARCH 31, 1992

3509

Data Processing Services Motor Vehicle Services Communication Services Printing Services Surplus Property Services Mail and Courier Services Risk Management Services Total

$ 46,907,649 $ 12,879,760

$

3,521,491 $

-- 0--

$ 55,453,558 $ 5,850,000

$ 6,453,583 $

-- 0--

$

1,594,277 $

-- 0--

$ 1,131,832 $

-- 0--

$ 2,013,080 $

-- 0--

$ 153,813,171 $ 33,844,297

B. Budget Unit: Georgia Building Authority Georgia Building Authority Budget: Personal Services ..................... Regular Operating Expenses Travel .... ........................ Motor Vehicle Purchases .............. Equipment .......................... Computer Charges ................... Real Estate Rentals Telecommunications Per Diem, Fees and Contracts Capital Outlay ....................... Utilities ............................. Contractual Expense ................. Fuel ....................... ........ Facilities Renovations and Repairs Total Funds Budgeted ................ State Funds Budgeted ................

Georgia Building Authority Functional Budgets Total Funds

Grounds

$ 1,789,409

Custodial

$ 5,123,835

Maintenance

$ 4,377,845

Security

$ 5,177,790

Van Pool

$

394,619

Sales

$ 5,117,849

Administration

$ 9,159,533

Railroad Excursions

$ 1,639,472

Facility Renovations

$

--0--

Total

$ 32,780,352

.......... $--0--
...... $18,778,739 ....... $5,522,456 .......... $--0-- ......... $215,000 ......... $176,335 .......... $60,800 .......... $16,800 ......... $122,584 ......... $171,000 .......... $--0-- ....... $7,466,638 ......... $250,000 .......... $--0-- .......... $--0-- ...... $32,780,352 .......... $--0--

State Funds

$

-- 0--

$

-- 0--

$

-- 0--

$

-- 0--

$

-- 0--

$

-- 0--

$

-- 0--

$

-- 0--

$

-- 0--

$

-- 0--

Section 12. Agency for the Removal of Hazardous Materials. Budget Unit: Agency for the Removal of Hazardous Materials Operations Budget: Personal Services........................................ Regular Operating Expenses Travel ................................................. Motor Vehicle Purchases................................. Equipment ............................................. Computer Charges ...................................... Real Estate Rentals ..................................... Telecommunications .....................................

. $100,380
. $81,880 $10,300
. . . $7,800 . $--0-- . . $--0-- . . $--0-- . . $--0-- .... $400

3510

JOURNAL OF THE SENATE

Per Diem, Fees and Contracts ........................................ $--0-- Capital Outlay ...................................................... $--0-- Utilities ............................................................ $--0-- Total Funds Budgeted .............................................. $100,380 State Funds Budgeted .............................................. $100,380

Section 13. Department of Agriculture.

A. Budget Unit: Department of Agriculture

$32,742,085

State Operations Budget:

Personal Services.............................. . . . .

$29,203,066

Regular Operating Expenses.................. ...... ....... . . . $3,955,690

Travel ................................ ........................... $915,170

Motor Vehicle Purchases..................................... ..... $387,363

Equipment ........................................................ $277,207

Computer Charges ................................................. $315,000

Real Estate Rentals ............................................. $778,070

Telecommunications ................................................ $368,274

Per Diem, Fees and Contracts ....................................... $166,400

Market Bulletin Postage .......................................... $700,000

Payments to Athens and Tifton Veterinary Laboratories ............. $2,435,191

Poultry Veterinary Diagnostic Laboratories in Canton, Dalton,

Douglas, Oakwood, and Statesboro ............................... $1,795,858

Veterinary Fees .................................................... $412,000

Indemnities ..................................................... . . $115,000

Advertising Contract ............................................... $175,000

Payments to Georgia Agrirama Development Authority for Operations $558,997

Renovation, Construction, Repairs and Maintenance Projects at

Major and Minor Markets ........................................ $370,000

Capital Outlay ...................................................... $--0--

Contract -- Federation of Southern Cooperatives

$40,000

Tick Control Program ............................................... $--0--

Total Funds Budgeted ........................................... $42,968,286

State Funds Budgeted .......................................... $32,742,085

Department of Agriculture Functional Budgets Total Funds

State Funds

Plant Industry

4,814,290

4,428,290

Animal Industry

6,794,126

6,538,126

Marketing

1,783,326

1,734,326

General Field Forces

3,251,747

3,126,747

Internal Administration

3,707,562

3,307,933

Information and Education

1,462,595

1,462,595

Fuel and Measures

3,143,794

3,001,214

Consumer Protection Field Forces

6,756,823

4,693,514

Meat Inspection

4,031,436

1,679,230

Major Markets Seed Technology

4,494,747 505,651

873,921 --0--

Entomology and Pesticides

2,222,189

1,896,189

Total

42,968,286

32,742,085

B. Budget Unit: Georgia Agrirama Development Authority Georgia Agrirama Development Authority Budget: Personal Services ...................................

$818,030

TUESDAY, MARCH 31, 1992

3511

Regular Operating Expenses......................................... $169,800 Travel .............................................................. $5,864 Motor Vehicle Purchases............................................. $--0-- Equipment ......................................................... $10,755 Computer Charges ................................................... $500 Real Estate Rentals ................................................. $--0-- Telecommunications .................................................. $7,708 Per Diem, Fees and Contracts ........................................ $48,081 Capital Outlay ...................................................... $83,340 Goods for Resale .................................................... $95,000 Total Funds Budgeted ............................................ $1,239,078 State Funds Budgeted ............................................... $--0--

Section 14. Department of Banking and Finance. Budget Unit: Department of Banking and Finance .................... $7,288,002 Administration and Examination Budget: Personal Services................................................. $6,048,840 Regular Operating Expenses......................................... $288,747 Travel ............................................................ $318,019 Motor Vehicle Purchases............................................. $88,792 Equipment ......................................................... $17,138 Computer Charges ................................................. $245,830 Real Estate Rentals ................................................ $225,000 Telecommunications ................................................. $51,136 Per Diem, Fees and Contracts ......................................... $4,500 Total Funds Budgeted ............................................ $7,288,002 State Funds Budgeted ............................................ $7,288,002

Section 15. Department of Community Affairs.

Budget Unit: Department of Community Affairs ..................... $14,230,236

State Operations Budget:

Personal Services................................................. $5,399,223

Regular Operating Expenses......................................... $228,811

Travel ............................................................ $145,980

Motor Vehicle Purchases............................................. $20,000

Equipment ........................................................... $881

Computer Charges ................................................. $216,498

Real Estate Rentals ................................................. $516,379

Telecommunications ................................................. $42,580

Per Diem, Fees and Contracts ........................................ $98,300

Capital Felony Expenses ............................................. $70,000

Contracts with Regional Development Commissions ................. $2,272,825

Local Assistance Grants ............................................ $760,000

Appalachian Regional Commission Assessment

$95,960

Community Development Block Grants (Federal) .................. $30,000,000

Music Hall of Fame ................................................ $110,000

Georgia Music Week Promotion ...................................... $--0--

Local Development Fund ........................................... $950,000

Payment to State Housing Trust Fund ............................. $4,625,000

Payment to Georgia Environmental Facilities Authority for Operations

.............................................................. $1,260,547

Total Funds Budgeted ........................................... $46,812,984

State Funds Budgeted ........................................... $14,230,236

Department of Community Affairs Functional Budgets

Total Funds

State Funds

Executive and Administrative

$ 10,864,701 $ 9,543,701

3512

JOURNAL OF THE SENATE

Government Management Financial Assistance Government Information Rural Development Coordinated Planning Total

$ 1,160,813 $ 1,155,813

$ 31,900,251 $

923,751

$ 1,309,482 $ 1,259,482

$

425,831 $

404,831

$ 1,151,906 $

942,658

$ 46,812,984 $ 14,230,236

Section 16. Department of Corrections. A. Budget Unit: Administration, Institutions and Probation ........ $507,060,483 Personal Services............................................... $367,722,964 Regular Operating Expenses...................................... $52,317,841 Travel .......................................................... $2,265,442 Motor Vehicle Purchases.......................................... $2,903,000 Equipment ...................................................... $3,842,407 Computer Charges ............................................... $4,548,356 Real Estate Rentals .............................................. $4,765,190 Telecommunications .............................................. $4,116,139 Per Diem, Fees and Contracts ..................................... $4,201,674 Capital Outlay ...................................................... $--0-- Utilities ........................................................ $14,858,811 Court Costs........................................................ $546,000 County Subsidy ................................................. $13,870,000 County Subsidy for Jails .......................................... $4,117,200 Central Repair Fund ............................................... $886,000 Payments to Central State Hospital for Meals ...................... $3,890,500 Payments to Central State Hospital for Utilities .................... $1,331,940 Payments to Public Safety for Meals................................. $444,500 Inmate Release Fund ............................................. $1,740,000 Health Services Purchases ....................................... $29,235,881 Payments to MAG for Health Care Certification ....................... $50,000 University of Georgia -- Cooperative Extension Service Contracts ... $330,153 Minor Construction Fund ......................................... $1,580,200 Total Funds Budgeted .......................................... $519,564,198 Indirect DOAS Funding ............................................ $450,000 Georgia Correctional Industries ....................................... $--0-- State Funds Budgeted .......................................... $507,060,483

Departmental Functional Budgets Total Funds

State Funds

Administration

$ 47,066,250 $ 46,564,250

Institutions and Support

$ 377,517,964 $ 376,299,964

Probation

$ 94,979,984 $ 84,196,269

Total

$ 519,564,198 $ 507,060,483

B. Budget Unit: Board of Pardons and Paroles ....................... $35,926,490 Board of Pardons and Paroles Budget: Personal Services................................................ $29,121,475 Regular Operating Expenses....................................... $1,236,200 Travel ............................................................ $736,315 Motor Vehicle Purchases............................................. $40,500 Equipment ........................................................ $139,000 Computer Charges ................................................. $412,500 Real Estate Rentals .............................................. $2,423,000 Telecommunications ................................................ $885,000 Per Diem, Fees and Contracts ....................................... $307,500

TUESDAY, MARCH 31, 1992

3513

County Jail Subsidy .............. Health Services Purchases ........ Total Funds Budgeted ............ State Funds Budgeted ............

. $600,000 .... $25,000 $35,926,490 $35,926,490

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 Total Funds Budgeted ...... State Funds Budgeted ............

Department of Defense Functional Budgets Total Funds

Office of the Adjutant General

1,223,954

Georgia Air National Guard

3,860,428

Georgia Army National Guard

5,903,459

Total

10,987,841

. $3,842,551
...... $6,208,953 ..... $4,169,788 ......... $22,460 ........ $--0-- ........ $33,300 ......... $3,700 ......... $4,740 ......... $68,500 ...... $476,400 ..... $10,987,841 .... $3,842,551

State Funds

$ 1,112,846

$

511,711

$ 2,217,994

$ 3,842,551

Section 18. State Board of Education -- Department of Education. Budget Unit: Department of Education ........................... $3,031,601,485
Operations: Personal Services. ............................................... $37,293,946 Regular Operating Expenses....................................... $3,364,914 Travel .......................................................... $1,065,393 Motor Vehicle Purchases............................................. $--0-- Equipment ......................................................... $423,424 Computer Charges ............................................... $5,115,625 Real Estate Rentals .............................................. $2,216,959 Telecommunications .............................................. $1,378,457 Per Diem, Fees and Contracts .................................... $12,971,215 Utilities ........................................................... $753,136 Capital Outlay ..................................................... $284,000
QBE Formula Grants: Kindergarten/Grades 1 - 3 ...................................... $740,410,606 Grades 4 - 8 ................................................... $687,938,672 Grades 9 - 12 .................................................. $294,146,672 High School Laboratories ....................................... $105,116,834 Vocational Education Laboratories ................................ $98,000,675 Special Education .............................................. $254,839,311 Gifted.......................................................... $35,093,414 Remedial Education ............................................. $56,687,843 Staff Development and Professional Development .................. $20,636,046 Media.......................................................... $84,028,051 Indirect Cost .................................................. $578,743,968 Pupil Transportation ........................................... $124,547,423 Local Fair Share .............................................. $(594,969,397) Mid-Term Adjustment Reserve ................................... $25,000,000

3514

JOURNAL OF THE SENATE

Cost of Living Adjustment ....................................... $49,382,551 Textbook - 7 Year Cycle ........................................ $(36,920,019) Textbook - Increased FTE Counts ................................. $2,526,262 Other Categorical Grants: Equalization Formula........................................... $153,074,397 Sparsity Grants .................................................. $3,421,565 In School Suspension ............................................ $20,074,950 Special Instructional Assistance................................... $41,642,563 Middle School Incentive ......................................... $46,238,551 Special Education Low-Incidence Grants ............................. $250,000 Non-QBE Grants: Education of Children of Low-Income Families .................... $94,501,492 Retirement (H.B. 272 and H.B. 1321) .............................. $3,800,000 Instructional Services for the Handicapped ........................ $23,177,937 Tuition for the Multi-Handicapped ................................ $2,700,000 Severely Emotionally Disturbed .................................. $34,961,321 School Lunch (Federal) ......................................... $113,396,789 School Lunch (State) ............................................ $23,133,954 Supervision and Assessment of Students and Beginning
Teachers and Performance-Based Certification .................... $1,500,000 Regional Education Service Agencies ............................... $6,651,234 Georgia Learning Resources System ................................ $2,719,823 High School Program ............................................ $16,799,143 Special Education in State Institutions ............................. $3,965,103 Governor's Scholarships........................................... $2,378,647 Special Projects .................................................... $479,479 Job Training Partnership Act ..................................... $3,084,680 Vocational Research and Curriculum ................................. $248,270 Salaries and Travel of Public Librarians........................... $10,242,708 Public Library Materials .......................................... $4,441,538 Talking Book Centers .............................................. $874,209 Public Library M & 0 . . . . ........................................ $3,764,432 Child Care Lunch Program (Federal) ............................. $16,787,825 Chapter II--Block Grant Flow Through ........................... $10,026,258 Payment of Federal Funds to Board of Technical and Adult Education .........
............................................................. $11,701,897 Innovative Programs.............................................. $2,350,000 Technology Grants ................................................. $775,000 Limited English - Speaking Students Program ...................... $5,921,681 Drug Free School (Federal) ....................................... $2,700,000 Transition Program for Refugees .................................... $100,000 Emergency Immigrant Education Program ............................ $100,000 Title II Math/Science Grant (Federal) ............................... $345,900 Robert C. Byrd Scholarship (Federal) ................................ $154,000 Health Insurance--Non-Cert. Personnel and Retired Teachers....... $67,167,892 Pre-School Handicapped Program ................................ $11,525,312 Mentor Teachers ................................................... $750,000 Pre-Kindergarten Program ........................................ $2,952,542 Duty-Free Lunch................................................... $200,000 Total Funds Budgeted ......................................... $3,341,157,073 Indirect DOAS Services Funding .................................... $340,000 State Funds Budgeted ......................................... $3,031,601,485

Education Functional Budgets Total Funds

State Funds

State Administration

$ 5,673,032 $ 5,346,368

TUESDAY, MARCH 31, 1992

3515

Instructional Services Governor's Honors Program Administrative Services Special Services Professional Practices Commission Local Programs Georgia Academy for the Blind Georgia School for the Deaf Atlanta Area School for the Deaf Total

21,750,758 1,141,024 8,996,434 10,776,460
825,344 3,276,290,004 $ 4,772,630 $ 6,606,007 $ 4,325,380 $ 3,341,157,073

$ 14,585,540

$ 1,027,999

$ 5,097,578

$ 8,601,195

$

825,344

$ 2,981,290,716

$ 4,577,545

$ 6,414,720

$ 3,834,480

$ 3,031,601,485

Section 19. Employees' Retirement System. Budget Unit: Employees' Retirement System ........................... $250,000 Employees' Retirement System Budget: Personal Services................................................. $1,440,858 Regular Operating Expenses......................................... $201,300 Travel ............................................................. $14,000 Motor Vehicle Purchases............................................. $--0-- Equipment ......................................................... $15,515 Computer Charges ................................................. $328,573 Real Estate Rentals ................................................ $204,000 Telecommunications ................................................. $21,312 Per Diem, Fees and Contracts ..................................... $1,164,500 Benefits to Retirees ................................................. $--0-- Total Funds Budgeted ............................................ $3,390,058 State Funds Budgeted .............................................. $250,000

Section 20. Forestry Commission. Budget Unit: Forestry Commission ................................. $32,770,566 State Operations Budget: Personal Services................................................ $27,150,155 Regular Operating Expenses....................................... $4,864,785 Travel ............................................................ $155,845 Motor Vehicle Purchases.......................................... $1,200,000 Equipment ...................................................... $2,000,000 Computer Charges ................................................. $144,250 Real Estate Rentals ................................................. $46,740 Telecommunications .............................................. $1,032,600 Per Diem, Fees and Contracts ....................................... $580,875 Ware County Grant ................................................. $25,000 Ware County Grant for Southern Forest World ......................... $5,000 Ware County Grant for Road Maintenance ............................ $60,000 Capital Outlay ..................................................... $200,000 Total Funds Budgeted ........................................... $37,465,250 State Funds Budgeted ........................................... $32,770,566

Forestry Commission Functional Budgets Total Funds

State Funds

Reforestation

$ 1,739,739 $

18,920

Field Services

$ 33,271,280 $ 30,443,725

General Administration and Support

$ 2,454,231 $ 2,307,921

Total

$ 37,465,250 $ 32,770,566

3516

JOURNAL OF THE SENATE

Section 21. Georgia Bureau of Investigation. Budget Unit: Georgia Bureau of Investigation ....................... $36,851,618 Operations Budget: Personal Services................................................ $27,552,907 Regular Operating Expenses....................................... $2,335,370 Travel ............................................................ $477,600 Motor Vehicle Purchases............................................ $596,500 Equipment ........................................................ $278,200 Computer Charges ............................................... $1,534,500 Real Estate Rentals .............................................. $1,850,192 Telecommunications ................................................ $707,750 Per Diem, Fees and Contracts ....................................... $607,099 Evidence Purchased ................................................ $460,500 Capital Outlay ..................................................... $451,000 Total Funds Budgeted ........................................... $36,851,618 Total State Funds Budgeted ..................................... $36,851,618

Georgia Bureau of Investigation Functional Budgets Total Funds

Administration

$ 3,097,213

Drug Enforcement

$ 8,350,961

Investigative

$ 10,972,236

Georgia Crime Information Center

$ 6,544,887

Forensic Sciences

$ 7,886,321

Total

$ 36,851,618

State Funds $ 3,097,213 $ 8,350,961 $ 10,972,236 $ 6,544,887 $ 7,886,321 $ 36,581,618

Section 22. Office of the Governor. Budget Unit: Office of the Governor ................................ $24,504,518 Personal Services................................................ $12,378,839 Regular Operating Expenses......................................... $807,700 Travel ............................................................ $223,531 Motor Vehicle Purchases............................................. $--0-- Equipment ......................................................... $56,398 Computer Charges ................................................. $639,903 Real Estate Rentals ................................................ $968,898 Telecommunications ................................................ $317,458 Per Diem, Fees and Contracts .................................... $30,907,736 Cost of Operations ............................................... $2,896,077 Mansion Allowance .................................................. $40,000 Governor's Emergency Fund ...................................... $3,250,000 Intern Stipends and Travel ......................................... $152,280 Art Grants of State Funds ........................................ $2,664,501 Art Grants of Non - State Funds .................................... $232,211 Humanities Grant - State Funds...................................... $42,800 Art Acquisitions - State Funds ....................................... $--0-- Children and Youth Grants .......................................... $95,000 Juvenile Justice Grants ........................................... $1,363,725 Payments to Hazardous Waste Management Authority ................ $743,408 Georgia Crime Victims Assistance Program ........................... $100,000 Grants to Local Systems ............................................ $290,000 Grants--Local EMA .............................................. $1,044,200 Grants--Other ...................................................... $--0-- Grants--Civil Air Patrol ............................................. $40,000 Grants--Disaster .................................................... $--0-- Total Funds Budgeted ........................................... $59,254,665

TUESDAY, MARCH 31, 1992

3517

State Funds Budgeted ..............

Office of the Governor Functional Budgets Total Funds

Governor's Office

$ 6,338,357

Office of Fair Employment Practices

$

858,212

Office of Planning and Budget

$ 5,842,128

Council for the Arts

$ 3,569,863

Office of Consumer Affairs

$ 2,250,036

State Energy Office

$ 29,918,682

Vocational Education Advisory Council

$

244,798

Office of Consumers' Utility Council

$

533,448

Criminal Justice Coordinating Council

$

580,647

Children and Youth Coordinating Council

$ 1,785,116

Human Relations Commission

$

210,530

Governor's Commission on Drug Awareness and Prevention

$

411,445

Professional Standards Commission

$ 3,194,678

Georgia Emergency Management Agency

$ 3,516,725

Total

$ 59,254,665

$24,504,518

State Funds

$ 6,338,357

$

748,212

$ 5,842,128

$ 3,034,185

$ 2,250,036

$

300,340

$

92,648

$

533,448

$

349,701

$

505,116

$

210,530

$

-0-

$ 3,194,678

$

1,105,139

$ 24,504,518

Section 23. Department of Human Resouirrcces.

A. Budget Unit: Departmental Operations. ....................... . . . $571,225,303

1. General Administration and Supportt Budget:

Personal Services

.... $68,888,774

Regular Operating Expenses

$3,529,795

Travel ........................

..... $1,477,072

Motor Vehicle Purchases

....... $863,000

Equipment

....... $248,872

Real Estate Rentals

... $6,070,511

Per Diem, Fees and Contracts

. . . . . $4,338,305

Computer Charges

..... $5,738,797

Telecommunications ............

..... $1,433,738

Special Purpose Contracts

....... $307,485

Service Benefits for Children

. . . . $15,000,000

Purchase of Service Contracts .

.... $40,651,106

Institutional Repairs and Maintenance

........ $89,155

Postage ..........................

..... $1,670,285

Payments to DMA-Community Care

$13,213,121

Total Funds Budgeted .............

. $163,520,016

Indirect DOAS Services Funding

..... $638,300

State Funds Budgeted .............

.... $73,287,179

Commissioner's Office Budget Administration Community/Intergovernmental Affairs Special Projects Office of Children and Youth Planning Councils

iupport Functional Budgets

Total Funds

State Funds

$

733,500 $

733,500

$

1,936,719 $

1,936,719

$

246,000 $

246,000

$

495,200 $

495,200

$ 15,000,000 $ 14,483,767

$

171,591 $

155,071

3518

JOURNAL OF THE SENATE

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 Auditing Services Personnel Administration Indirect Cost Public Affairs Aging Services State Health Planning Agency Total

10,649,750 _0_
17,143,838 5,168,191 1,775,428
584,783 2,709,605 6,210,964 5,833,156 37,527,686 5,251,266 1,859,480 1,854,992
398,942 46,485,645
1,483,280 $ 163,520,016

--0-- --0-- 16,177,738 $3,621,306 1,775,428
574,783 2,709,605 1,922,153
802,045 3,593,994 5,051,266 1,859,480 1,854,992 (7,601,852)
398,942 21,073,762 1,423,280 73,287,179

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 .......................................

$46,196,966 . $69,423,346 .... $910,647 ... $40,000
$91,419 . . $1,088,038 . $3,803,819 .... $678,771 .... $693,957 . . $7,739,825 .... $308,000
$2,928,130
$950,000 .... $515,602 . . . . $640,000 .... $654,009 . $10,314,699 . $72,061,094 . . . . $133,366 ... $747,761 $219,919,449 .... $549,718 $115,280,819

Public Health Functional Budgets Total Funds

District Health Administration

$ 10,950,737

Newborn Follow-Up Care

$

929,029

Dental Health

$

1,364,336

State Funds

$ 10,821,062

$

738,058

$ 1,154,161

TUESDAY, MARCH 31, 1992

3519

Stroke and Heart Attack Prevenittioionn Sickle Cell, Vision and Hearing High-Risk Pregnant Women and1 Infanntts Sexually Transmitted Diseases Family Planning Malnutrition Grant in Aid to Counties Children's Medical Services Emergency Health Primary Health Care Epidemiology Immunization Community Tuberculosis Contro.l1 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

$ 2,073,045

$ 3,255,936

$ 2,661,995

$ 3,642,176

$ 9,282,179

$ 66,976,206

$ 50,873,503

$ 12,409,429

$ 2,947,492

$ 1,485,215

$ 1,347,759

$

734,699

$ 3,029,196

$ 4,576,853

$ 2,893,724

$ 2,122,542

$ 1,123,812

$

594,069

$ 4,026,707

$

809,745

$

323,420

$

932,856

$ 1,758,251

$

820,093

$

927,953

$ 5,310,984

$ 3,120,563

$

378,938

$ 6,281,590

$ 9,954,417

$ 219,919,449

$ 1,543,045

$ 2,945,478

$ 2,661,995

$

298,334

$ 5,431,759

$

-- 0--

$ 43,642,997

$ 7,950,053

$ 1,890,944

$ 1,350,005

$

945,493

$

-- 0--

$ 2,609,934

$ 3,302,041

$ 1,621,914

$ 1,011,902

$ 1,123,812

$

594,069

$ 3,829,701

$

612,520

$

173,420

$

799,255

$ 1,539,222

$

597,275

$

754,036

$ 5,190,984

$ 1,241,150

$

290,301

$ 2,829,019

$ 5,786,880

$ 115,280,819

s Budget: Personal Services
Regular Operating Expe'nnssees ............ Travel ...........
Motor Vehicle Purchases. .............. Equipment .......
Real Estate Rentals
Per Diem, Fees and Conitracts .......... Computer Charges
Telecommunications
Case Services ........
E.S.R.P. Case Services
Special Purpose Contrac:ts ............. Purchase of Services Coinnttrraacts .........
d Maintenance

... $63,048,054 ...... $10,416,531 ......... $800,674 .......... $45,100 ......... $329,182
$3,980,101 ....... $4,930,167 ....... $1,719,009 ....... $1,456,893 ...... $17,377,092 .......... $27,000 ......... $593,500 ....... $7,497,855 ......... $139,000

3520

JOURNAL OF THE SENATE

Utilities ...............................

...... $892,620

Postage ...............................

......... $510,068

Total Funds Budgeted ..................

. $113,762,846

Indirect DOAS Services Funding ........

......... $100,000

State Funds Budgeted .....................................

$20,310,979

Rehabilitation Services Functional Budgets Total Funds

State Funds

District Field Services

$ 37,492,979 $ 8,163,543

Independent Living

$

590,498 $

383,740

Bobby Dodd Workshop

$

494,120 $

164,864

Sheltered Employment

$

1,604,916 $

787,290

Community Facilities

$

6,712,498 $

2,816,658

State Rehabilitation Facilities

$

6,970,964 $

1,393,837

Diversified Industries of Georgia

$

683,731 $

--0--

Program Direction and Support

$

3,575,123 $

1,280,158

Grants Management

$

602,613 $

602,613

Disability Adjudication

$ 23,841,138 $

-- 0--

Georgia Factory for the Blind

$ 11,583,444 $

765,429

Roosevelt Warm Springs Institute

$ 19,610,822 $

3,952,847

Total

$ 113,762,846 $ 20,310,979

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 .................

...... $13,092,544 ....... $1,480,912 ......... $371,633
..... $--0--
.......... $65,110 ......... $246,861 ....... $4,204,544 ...... $17,083,999 ....... $1,399,360 ....... $1,126,134 ..... $504,267,847 ....... $3,703,926
$96,295,520 ....... $5,327,136 ....... $2,175,205 ..... $232,478,596 ..... $883,319,327 ....... $2,339,882 . . . . . $362,346,326

Family and Children Services Functional Budgets

Total Funds

State Funds

Director's Office

$

686,537 $

686,537

Social Services

$ 2,555,832 $ 2,555,832

Program Support Administrative Support

$ 3,057,926 $ 2,890,527 $ 5,112,218 $ 4,017,749

Regional Administration

$ 3,238,687 $ 3,238,687

Public Assistance

$

4,124,948 $

2,302,539

TUESDAY, MARCH 31, 1992

3521

Management Information Systems AFDC Payments SSI--Supplemental Benefits Refugee Programs Energy Benefits County DFACS Operations--Eligibility County DFACS Operations--Social Services Food Stamp Issuance County DFACS Operations--Homemakers
Services 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

$ 19,762,977

$ 493,656,745

$

100

$ 2,799,421

$ 8,665,581

$ 98,493,966

$ 73,057,976

$ 2,769,480

$ 7,199,934

$ 47,530,589

$ 6,196,131

$ 15,286,328

$ 1,331,734

$ 33,034,023

$ 5,586,136

$ 1,284,414

$ 6,453,207

$ 39,025,289

$

--0--

$

144,817

$ 1,012,316

$ 1,252,015

$

--0--

$ 883,319,327

$ 8,439,927

$ 187,540,065

$

100

$

-- 0--

$

--0--

$ 49,078,280

$ 25,352,660

$

-- 0--

$

1,769,007

$ 21,655,249

$ 2,353,667

$ 5,957,000

$

976,046

$ 22,689,287

$ 4,437,334

$ 1,259,337

$ 4,530,793

$ 14,915,359

$

--0--

$

144,817

$

988,714

$

1,252,015

$ (6,685,202)

$ 362,346,326

Budget Unit Object Classes: 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 ............... Case Services .......................... E.S.R.P. Case Services .................. Crippled Children's Clinics .............. Children's Trust Fund .................. Cash Benefits ..........................

. $191,226,338 . . $84,850,584
$3,560,026 . . . . . $948,100 ..... $734,583 . . $11,385,511 . . $17,276,835 . . $25,220,576 . . . $4,983,948 . . . $7,739,825 . . . . . $308,000 . $2,928,130
. . . . . $950,000 ..... $515,602 . . $17,377,092 ...... $27,000
. $640,000 . $1,126,134 . $504,267,847

3522

JOURNAL OF THE SENATE

Special Purpose Contracts ..................... Service Benefits for Children ................... Purchase of Service Contracts .................. Grant-In-Aid to Counties ...................... Institutional Repairs and Maintenance Utilities ..................................... Postage ...................................... Payments to DMA-Community Care ............ Grants for Regional Maternal and Infant Care . Grants to County DFACS--Operations ..........

. . $5,258,920 $111,295,520 . $63,790,796 $72,061,094 .... $228,155
. . $892,620 . . $4,488,924 . $13,213,121 .... $747,761 $232,478,596

B. Budget Unit: Community Mental Health/Mental Retardation Youth Services and Institutions .
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 .................. Total Funds Budgeted ......................... Indirect DOAS Services Funding ............... State Funds Budgeted .........................

Community Mental Health/Mental Retardation, Youth Services and Institutional Functional Budgets
1 Funds

Southwestern State Hospital

41,076,129

Brook Run

31,931,058

Georgia Mental Health Institute Georgia Regional Hospital at Augusta

33,119,625 24,219,370

Northwest Regional Hospital at Rome

29,958,870

Georgia Regional Hospital at Atlanta Central State Hospital

29,651,083 134,065,263

Georgia Regional Hospital at Savannah

24,769,033

Gracewood State School and Hospital

46,168,106

West Central Georgia Regional Hospital Outdoor Therapeutic Program

22,848,934 3,462,612

$491,838,706
$396,628,544 $40,670,588 $1,061,500
$642,800 $2,150,491 . $4,215,551 . . $1,278,654 . $3,055,409 . $7,127,743 . $13,785,300 . . . . $714,900 . $2,251,302 . $2,540,400 . $42,737,596 . $91,820,382 $20,883,507 . $58,807,844 .... $272,118 . . $5,087,773 .... $157,311 $695,889,713 . $2,404,100 $491,838,706
State Funds
$ 25,028,782
$ 11,898,958
$ 24,859,501
$ 20,922,996
$ 22,055,217
$ 20,240,554
$ 78,383,963
$ 19,838,559
$ 20,046,806
$ 17,836,908
$ 2,622,718

TUESDAY, MARCH 31, 1992

3523

Mental Health Community Assistance Mental Retardation Community Assistance Day Care Centers for Mentally Retarded Supportive Living Georgia State Foster Grandparents/Senior
Companion Program Project Rescue Drug Abuse Contracts Community Mental Health Center Services Project ARC Metro Drug Abuse Centers Group Homes for Autistic Children Project Friendship Community Mental Retardation Staff Community Mental Retardation Residential
Services Contract with Clayton County Board of
Education for Autistic Children MH/MR/SA Administration Regional Youth Development Centers Milledgeville State YDC Augusta State YDC Atlanta State YDC Macon State YDC Court Services Community Treatment Centers Day Centers Group Homes Purchased Services Runaway Investigation/Interstate Compact Assessment and Classification Youth Services Administration Total

$ 10,468,889 $ 4,732,745 $ 70,594,386 $ 20,543,104

$

730,484

$

516,969

$ 1,085,370

$ 58,807,844

$

379,214

$ 1,406,231

$

280,748

$

340,403

$ 4,024,668

$ 15,650,397

90,900 9,289,013 20,054,389 10,486,551 7,138,692 4,495,461 4,546,808 14,373,575 3,017,359
889,265 759,219 5,876,529 840,054 413,506 2,786,857 695,889,713

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 ................

$ 10,292,581 $ 2,884,848 $ 42,858,386 $ 18,467,800

$

702,484

$

516,969

$ 1,085,370

$ 49,774,303

$

379,214

$ 1,210,731

$

280,748

$

340,403

$ 4,024,668

$ 15,650,397

$

90,900

$ 6,169,770

$ 19,434,389

$ 10,110,851

$ 7,052,692

$ 3,874,467

$ 3,945,409

$ 14,373,575

$ 3,017,359

$

889,265

$

759,219

$ 5,876,529

$

840,054

$

413,506

$ 2,786,857

$ 491,838,706

$16,018,644
. $7,846,173 $1,350,093
. $289,803 . . . . $66,000 . . . . $53,769 . . $109,912 . . $827,733 . . . $211,076
$475,691

3524

JOURNAL OF THE SENATE

Local Welcome Center Contracts .................................... $129,500 Advertising and Cooperative Advertising ........................... $4,378,894 Georgia Ports Authority Authority Lease Rentals ................... $1,445,000 Historic Chattahoochee Commission Contract .......................... $--0-- Georgia Council for International Visitors ............................. $--0-- Waterway Development in Georgia.................................... $25,000 Contract--Georgia Association of Broadcasters ......................... $--0-- Southern Center for International Studies ............................. $--0-- Lanier Regional Watershed Commission ............................... $10,000 Capital Outlay ...................................................... $--0-- Total Funds Budgeted ........................................... $17,218,644 State Funds Budgeted ........................................... $16,018,644

Department of Industry and Trade Functional Budgets

Total Funds

State Funds

Administration

$ 4,256,305 $ 3,436,305

Economic Development Tourism

$

5,468,718 $

5,308,718

$ 7,493,621 $ 7,273,621

Total

$ 17,218,644 $ 16,018,644

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 Insurance Regulation Industrial Loans Regulation

$ 4,891,227

$

5,380,001

$

554,874

Fire Safety and Mobile Home Regulations Total

$ 4,435,257 $ 15,261,359

..... $14,655,877
$11,433,046 . $706,912 . . . $467,236 . . $40,500 . . . $330,880 $1,118,218 . . . $713,542 . . . $286,025 . . . $165,000 .... $--0-- $15,261,359 $14,655,877
State Funds
4,891,227
5,380,001
554,874
3,829,775
14,655,877

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 ..............

. $6,513,517
$62,719,170 . $5,183,747
$1,060,000 .... $--0-- . . $470,063 . $3,812,046
$1,379,108 . $1,263,770

TUESDAY, MARCH 31, 1992

3525

Per Diem, Fees and Contracts (JTPA) ..................... Per Diem, Fees and Contracts ............................. W.I.N. Grants ........................................... Payments to State Treasury............................... Capital Outlay ........................................... Total Funds Budgeted State Funds Budgeted ....................................

Department of Labor Functional Budgets Total Funds

Executive Offices/Administrative Services

$ 22,577,652

Employment and Training Services

$ 127,349,685

Total

$ 149,927,337

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 1992 Medicaid Benefits, Penalties and Disallowances Total Funds Budgeted .................................... State Funds Budgeted ....................................

Medical Assistance Functional Budgets Total Funds

Commissioner's Office

$ 55,403,074

Benefits, Penalties and Disallowances

$ 2,656,164,358

Community Services

$ 1,061,430

Systems Management

$ 19,274,045

Professional Services

$ 2,045,071

. . $67,264,698 ...... $2,870,657 ......... $--0-- ...... $1,774,078
$2,130,000 . . . . $149,927,337 ...... $6,513,517
State Funds
$ 3,748,276 $ 2,765,241 $ 6,513,517

$8,966,093
...... $8,243,722 ........ $425,745 ........ $111,057 ......... $--0-- ......... $11,030 ........ $164,533 ....... $462,926
$102,080 ......... $60,000
$110,000 ...... $9,691,093
$8,966,093

. . . . $953,677,799
. . . . . $12,906,776 ........ $573,421 ........ $104,200 ......... $--0-- ......... $48,176 . . . . . $17,276,354 ........ $935,973 ........ $401,058 . . . . . $59,267,244 . . . $2,428,633,740 . . . . . $43,767,828 ........ $772,500 . . . . $183,762,790 . . . $2,748,450,060 . . . . $953,677,799

State Funds

$ 2,755,065

$ 937,363,578

$

353,817

$ 5,878,094

$

856,310

3526

JOURNAL OF THE SENATE

Program Compliance Institutional Policy and Reimbursement Maternal and Child Health Total

$ 4,805,006

$ 9,281,547

$

415,530

$ 2,748,450,060

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

$ 1,693,931

Applicant Services

$ 2,659,945

Classification and Compensation

$ 1,279,462

Flexible Benefits

$

1,240,213

Employee Training and Development

$ 1,290,188

Health Insurance Administration

$ 27,234,367

Health Insurance Claims

$ 769,635,934

Internal Administration

$ 2,562,617

Total

$ 807,596,657

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: New Construction .......................... Repairs and Maintenance ...................

1,829,102 4,511,541
130,292 953,677,799

. . $7,347,732 $1,679,552
..... $81,440 ..... $37,805 .... $912,524 . $92,116,066 . . $3,301,983 ... $283,826 $701,835,729 $807,596,657 .... $47,000 . . $9,927,543 $797,490,170 .... $131,944 ..... $--0--

State Funds

$

--0--

$

--0--

$

--0--

$

--0--

$

--0--

$

--0--

$

--0--

$

--0--

$

--0--

.... $60,873,949
.... $59,901,870 . . . . . $11,770,303 ........ $414,234 ...... $1,758,257 ...... $2,313,179
$4,204,903 ...... $1,090,506 ....... $807,250 ...... $1,056,308 ....... $147,440 ........ $150,000
$2,450,000
....... $582,584 ...... $2,321,000

TUESDAY, MARCH 31, 1992

3527

Land Acquisition Support......................................... $330,000

Wildlife Management Area Land Acquisition ....................... $585,000

Shop Stock--Parks ............................................... $300,000

User Fee Enhancements ........................................ $1,249,000

Buoy Maintenance ................................................ $30,000

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 ........................................ $50,000

Georgia Sports Hall of Fame ....................................... $--0--

Technical Assistance Contract ..................................... $108,687

Corps of Engineers (Cold Water Creek State Park) .................. $185,000

Georgia Rural Water Association ................................... $10,000

Georgia State Games Commission................................... $88,472

U.S. Geological Survey for Ground Water Resources ................. $300,000

U.S. Geological Survey for Topographic Mapping

$--0--

Payments to Georgia Agricultural Exposition Authority

$2,510,275

eorgia Boxing Commission .......................................... $5,000

Total Funds Budgeted ......................................... $96,158,380

Receipts from Jekyll Island State Park Authority ................... $314,594

Receipts from Stone Mountain Memorial Association .............. $2,122,585

Indirect DOAS Funding .......................................... $200,000

State Funds Budgeted ......................................... $60,873,949

Department of Natural Resources Functional Budgets Total Funds

Internal Administration

$ 6,691,606

Parks, Recreation and Historic Sites

$ 35,097,785

Coastal Resources

$ 1,709,777

Game and Fish

$ 28,880,414

Environmental Protection

$ 23,778,798

Total

$ 96,158,380

State Funds $ 2,305,458 $ 18,303,985 $ 1,603,277 $ 24,653,262 $ 14,007,967 $ 60,873,949

B. Budget Unit: Georgia Agricultural Exposition Authority ................ $--0-- Operations Budget: Personal Services................................................. $1,595,002 Regular Operating Expenses....................................... $1,245,998 Travel ............................................................. $21,450 Motor Vehicle Purchases............................................. $--0-- Equipment ......................................................... $85,000 Computer Charges .................................................. $29,000 Real Estate Rentals ................................................. $--0-- Telecommunications ................................................. $29,000 Per Diem, Fees and Contracts ....................................... $663,000 Capital Outlay ...................................................... $--0-- Total Funds Budgeted ............................................ $3,668,450 State Funds Budgeted ............................................... $--0--

Functional Budget Total Funds

Georgia Agricultural Exposition Authority

$ 3,668,450

State Funds

$

--0--

3528

JOURNAL OF THE SENATE

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 .....................

$84,565,386
$47,718,739 $6,793,660
$113,000 . $2,391,120
$654,520 .... $--0-- ..... $7,735
$602,000 $194,150 . . $150,000 .... $--0--
$58,624,924 $150,000
$58,474,924

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

State Patrol Posts Repairs and Maintenance

Driver License Processing ..................

Total Funds Budgeted .....................

Indirect DOAS Service Funding

State Funds Budgeted

Public Safety Functional Budgets Total Funds

Administration

$ 11,496,394

Driver Services Field Operations

$ 27,590,462 $ 47,128,530

Total

$ 86,215,386

$18,632,937 $1,928,201
$22,000 . $25,000
. $155,700 $4,507,000
$39,600 . . $590,000
$85,350 $236,674 . $290,000 . $30,000 $1,048,000 $27,590,462 $1,500,000 $26,090,462
State Funds
$ 11,496,394
$ 26,090,462
$ 46,978,530
$ 84,565,386

B. Budget Unit: Units Attached for Administrative Purposes Only . 1. Attached Units Budget: Personal Services........................................... Regular Operating Expenses................................. Travel .................................................... Motor Vehicle Purchases.................................... Equipment ................................................ Computer Charges ......................................... Real Estate Rentals ........................................ Telecommunications ........................................ Per Diem, Fees and Contracts Peace Officers Training Grants Capital Outlay .............................................

$13,068,855
$6,950,903 $2,635,118 . $93,200 . . . $--0-- . $102,220 . . $385,000 . $100,821 . $143,000
$594,635 $3,034,584
$--0--

TUESDAY, MARCH 31, 1992

3529

Total Funds Budgeted ............ State Funds Budgeted ............

2. Office of Highway Safety Budget: Personal Services ................ Regular Operating Expenses Travel .......................... Motor Vehicle Purchases.......... Equipment ...................... Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts ... Highway Safety Grants ........... Total Funds Budgeted ............ State Funds Budgeted ............

Attached Units Functional Budgets Total Funds

Office of Highway Safety

4,068,670

Georgia Peace Officers Standards and Training

4,996,733

Police Academy

836,035

Fire Academy

1,069,733

Georgia Firefighters Standards and Training Council

405,954

Georgia Public Safety Training Facility

6,731,026

Total

18,108,151

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 Contracts .......................... Total Funds Budgeted................................. State Funds Budgeted .................................

Public Service Commission Functional Budgets Total Funds

Administration

1,587,054

Transportation

3,101,277

$14,039,481 $12,769,419

. $395,352 . . . $28,342
$9,828 . . . $--0-- ..... $300
$37,300 . . . $75,078 .... $3,670 . . . $18,800 $3,500,000 $4,068,670
$299,436

State Funds

$

299,436

$ 4,996,733 669,375 989,733

405,954 5,707,624 13,068,855

$9,622,000
$472,000 $9,150,000 $9,622,000 $9,622,000

$8,501,330
$6,317,008 . . $387,583 . . $165,442
$133,328 . . . $10,682
$400,600 . . $321,189
$122,366 $2,098,115 $9,956,313 $8,501,330

State Funds $ 1,587,054 $ 1,760,016

3530

JOURNAL OF THE SENATE

Utilities Total

5,267,982 9,956,313

Section 34. Board of Regents, University System of Georgia. A. Budget Unit: Resident Instruction ......................
Resident Instruction Budget: Personal Services: Educ., Gen., and Dept. Svcs..........................
Sponsored Operations Operating Expenses:
Educ., Gen., and Dept. Svcs Sponsored Operations ................................. Special Funding Initiative..............................
Office of Minority Business Enterprise Special Desegregation Programs Forestry Research ..................................... Research Consortium ..................................
Capital Outlay Total Funds Budgeted .................................
Departmental Income Sponsored Income..................................... Other Funds .......................................... Indirect DOAS Services Funding ....................... State Funds Budgeted .................................

B. Budget Unit: Regents Central Office and Other Organized Activities ...............................................
Regents Central Office and Other Organized Activities Budget: Personal Services: Educ., Gen., and Dept. Svcs. ........................... Sponsored Operations ................................... Operating Expenses: Educ., Gen., and Dept. Svcs. ........................... Sponsored Operations ................................... Fire Ant and Environmental Toxicology Research .......... Agricultural Research.................................... Advanced Technology Development Center ................ Capitation Contracts for Family Practice Residency ........ Residency Capitation Grants ............................. Student Preceptorships .................................. Mercer Medical School Grant ............................ Center for Rehabilitation Technology ..................... SREB Payments ........................................ Medical Scholarships .................................... Regents Opportunity Grants ............................. Regents Scholarships .................................... Rental Payments to Georgia Military College .............. CRT Inc. Contract at Georgia Tech Research Institute Direct Payments to the Georgia Public Telecommunications Commission for Operations............................. Total Funds Budgeted ................................... Departmental Income.................................... Sponsored Income....................................... Other Funds ............................................ Indirect DOAS Services Funding State Funds Budgeted ...................................

5,154,260
8,501,330
$808,864,537
$879,836,325 . $110,000,000
. . $207,056,508 $125,000,000
. $6,015,765 ...... $303,380 ...... $330,927 ...... $284,292
$1,550,000 ....... $--0-- $1,330,377,197
$31,000,000 $235,000,000 . $252,485,360 . . . . $3,027,300 $808,864,537
$139,305,198
$226,012,015 . $67,118,788
$97,955,085 $37,302,065 ..... $--0-- $1,888,838 . $1,568,707 . . $2,635,415 . . $2,439,285 . . . . $149,391 .. $5,300,000 .... $719,423 $8,248,050 . . $1,123,526
$564,000 $188,000 .... $825,416 . . . . $211,000
. $6,353,581 $460,602,585 ..... $--0-- $105,270,458 $215,471,229 .... $555,700 $139,305,198

TUESDAY, MARCH 31, 1992

3531

nd Other Organized Activities Functional Budgets

Total Funds

State Funds

Marine Resources Extension Ceniter

$

1,730,403 $

1,193,615

Skidaway Institute of Oceanograipphy

$

3,568,530 $

1,383,002

Marine Institute

$

1,321,393 $

870,670

Georgia Tech Research Institute

$ 126,932,625 $ 11,948,894

Education Extension Services

$

7,343,908 $

2,050,170

Agricultural Experiment Station

$ 48,480,466 $ 31,619,954

Cooperative Extension Service

$ 42,134,295 $ 25,498,483

Eugene Talmadge Memorial Hosspital

$ 185,236,971 $ 28,244,086

Veterinary Medicine Experiment Station

$

2,468,676 $

2,468,676

Veterinary Medicine Teaching H[ospital

$ 2,310,069 $

458,780

Joint Board of Family Practice Georgia Radiation Therapy Centter

$ 11,298,408 $ 11,298,408

$ 2,275,827 $

-- 0--

Athens and Tifton Veterinary Laboratories

$ 3,277,233 $

46,679

Regents Central Office

$ 22,223,781 $ 22,223,781

Total

$ 460,602,585 $ 139,305,198

C. Budget Unit: Georgia I ublic Telecommunications Commission Public Telecommunicatio is Commission Budget: Personal Services Operating Expenses . Total Funds Budgeted Other Funds State Funds Budgeted

..... $--0--
$6,733,297 . . $7,745,891 . $14,479,188
$14,479,188 . . . . . $--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 ....................

Department of Revenue Functional Budgets Total Funds

Departmental Administration

8,010,490

Internal Administration

10,375,616

Electronic Data Processing

8,671,972

$79,711,261
$50,413,948 . $4,336,959 . $1,345,175 . . $68,500
$545,324 $8,268,702 $2,646,528
$740,411 $4,846,243 $4,550,926 .... $--0-- $2,439,610 . $3,477,844 $83,680,170 . $3,845,000 $79,711,261
State Funds
$ 8,010,490
$ 10,175,616
$ 8,453,972

3532

JOURNAL OF THE SENATE

Field Services Income Tax Unit Motor Vehicle Unit Central Audit Unit Property Tax Unit Sales Tax Unit State Board of Equalization Total

18,195,635 7,778,460 14,754,958 7,234,238 3,401,047 5,210,902
46,852 83,680,170

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

$ 3,208,683

Archives and Records

$ 4,429,578

Business Services and Regulation

$ 4,382,508

Elections and Campaign Disclosure Drugs and Narcotics State Ethics Commission

$ 1,591,734

$

992,756

$

276,077

Occupational Certification Total

$ 8,174,508 $ 23,055,844

B. Budget Unit: Real Estate Commission ..................... Real Estate Commission Budget: Personal Services......................................... Regular Operating Expenses............................... Travel .................................................. Motor Vehicle Purchases.................................. Equipment .............................................. Computer Charges ....................................... Real Estate Rentals ...................................... Telecommunications ...................................... Per Diem, Fees and Contracts ............................. Total Funds Budgeted .................................... State Funds Budgeted ....................................
Real Estate Commission Functional Budget

Real Estate Commission

State Funds $ 1,763,274

$ 17,895,635

$ 6,821,460

$ 13,122,958

$ 7,234,238

$ 3,196,138

$ 4,753,902

$

46,852

$ 79,711,261

. . . . . $22,555,844 $15,157,659
...... $2,224,316 ........ $176,350 ........ $305,000 ........ $169,387 ........ $964,815 ...... $2,277,620 ........ $303,710 ........ $776,987 ........ $700,000 . . . . . $23,055,844 . . . . . $22,555,844

State Funds

$ 3,068,683

$ 4,354,578

$ 4,287,508

$ 1,555,734

$

938,756

$

276,077

$ 8,074,508

$ 22,555,844

...... $1,763,274

...... $1,036,250 ........ $153,500 ......... $15,000 ......... $11,000 ......... $12,000 ........ $263,074 ........ $113,700
$24,000 ........ $134,750 ...... $1,763,274 ...... $1,763,274

Cost of Operations
$ 1,803,274

TUESDAY, MARCH 31, 1992

3533

Section 37. Soil and Water Conservation Commission. Budget Unit: Soil and Water Conservation Commission ............... $1,683,662 Soil and Water Conservation Budget: Personal Services................................................... $905,466 Regular Operating Expenses......................................... $115,115 Travel ............................................................. $55,850 Motor Vehicle Purchases............................................. $--0-- Equipment ......................................................... $12,375 Computer Charges ................................................... $7,250 Real Estate Rentals ................................................. $56,597 Telecommunications ................................................. $17,520 Per Diem, Fees and Contracts ....................................... $711,914 County Conservation Grants ........................................ $418,000 Total Funds Budgeted ............................................ $2,300,087 State Funds Budgeted .......................................... $1,683,662

Section 38. Student Finance Commission.

Budget Unit: Student Finance Commission .......................... $25,039,875

Administration Budget:

Personal Services................................................. $4,517,068

Regular Operating Expenses......................................... $400,161

Travel ............................................................. $81,800

Motor Vehicle Purchases............................................. $--0--

Equipment ......................................................... $19,000

Computer Charges ................................................. $371,000

Telecommunications ................................................ $147,000

Per Diem, Fees and Contracts ........................................ $38,000

Real Estate Rentals ................................................. $24,763

Payment of Interest and Fees ........................................ $--0--

Guaranteed Educational Loans .................................... $4,076,000

Tuition Equalization Grants...................................... $16,924,274

Student Incentive Grants ......................................... $4,803,940

Law Enforcement Personnel Dependents' Grants

$38,000

North Georgia College ROTC Grants ................................. $85,000

Osteopathic Medical Loans.......................................... $160,000

Georgia Military Scholarship Grants ................................. $501,740

Paul Douglas Teacher Scholarship Loans ............................. $425,000

Total Funds Budgeted ........................................... $32,612,746

State Funds Budgeted ........................................... $25,039,875

Georgia Student Finance Commission Functional Budgets

Total Funds

State Funds

Internal Administration

$ 5,100,129 $

--0--

Higher Education Assistance Corporation

$

--0-- $

--0--

Georgia Student Finance Authority

$ 27,013,954 $ 24,541,212

Georgia Nonpublic Postsecondary Education Commission

$

498,663 $

498,663

Total

$ 32,612,746 $ 25,039,875

Section 39. Teachers' Retirement System. Budget Unit: Teachers' Retirement System........................... $3,850,000 Departmental Operations Budget: Personal Services................................................. $3,281,463 Regular Operating Expenses......................................... $320,500 Travel ............................................................. $26,650 Equipment .......................................................... $3,200

3534

JOURNAL OF THE SENATE

Computer Charges ........................................... $944,361

Real Estate Rentals ................................................ $320,000

Telecommunications ................................................. $66,514

Per Diem, Fees and Contracts ....................................... $340,000

Cost-of-Living Increases for Local

Retirement System Members .................................... $3,200,000

Floor Fund for Local Retirement Systems

$650,000

Total Funds Budgeted ............................................ $9,152,688

State Funds Budgeted ............................................ $3,850,000

Section 40. Department of Technical and Adult Education.

Budget Unit: Department of Technical and Adult Education

$123,029,842

Department of Technical and Adult Education Budget:

Personal Services................................................. $3,648,436

Regular Operating Expenses......................................... $368,244

Travel ............................................................ $108,250

Motor Vehicle Purchases............................................. $--0--

Equipment ......................................................... $17,000

Computer Charges ............. ................................... $391,822

Real Estate Rentals ................................................ $454,619

Telecommunications ................................................ $166,000

Per Diem, Fees and Contracts ....................................... $688,500

Personal Services-Institutions .................................... $85,933,191

Operating Expenses-Institutions .................................. $18,561,269

Capital Outlay ...................................................... $--0--

Quick Start Program ............................................. $5,874,081

Area School Program ............................................ $23,632,200

Regents Program ................................................. $2,574,577

Adult Literacy Grants ........................................... $10,000,791

Total Funds Budgeted .......................................... $152,418,980

State Funds Budgeted .......................................... $123,029,842

Functional Budgets Total Funds

State Funds

Administration

$ 5,842,871 $ 4,035,076

Institutional Programs

$ 146,576,109 $ 118,994,766

Total

$ 152,418,980 $ 123,029,842

Section 41. Department of Transportation.

Budget Unit: Department of Transportation ........................ $422,658,023

For Public Roads and Bridges and for other transportation activities.

Departmental Operations Budget:

Personal Services............................................... $226,285,207

Regular Operating Expenses...................................... $59,053,902

Travel .......................................................... $1,555,799

Motor Vehicle Purchases............................................ $822,000

Equipment ...................................................... $5,187,002

Computer Charges ............................................... $5,088,058

Real Estate Rentals .............................................. $1,307,274

Telecommunications .............................................. $2,406,075

Per Diem, Fees and Contracts .................................... $11,922,705

Capital Outlay ................................................. $687,761,072

Capital Outlay--Airport Approach Aid and Operational

Improvements ................................................... $975,335

Capital Outlay--Airport Development................................ $850,000

Mass Transit Grants ............................................. $9,342,544

Savannah Harbor Maintenance Payments

$750,000

TUESDAY, MARCH 31, 1992

3535

Spoilage Area Acquisition, Clearing, Preparation and Dike Reconstruction .....................................
Total Funds Budgeted ..................................... State Funds Budgeted .....................................

Department of Transportation Functional Budgets

Motor Fuel Tax Budget

Total Funds

Planning and Construction

$ 734,931,352

Maintenance and Betterments

$ 229,842,531

Facilities and Equipment

$ 8,689,580

Administration

$ 22,696,537

Total

$ 996,160,000

General Funds Budget

Total Funds

Paving at State and Local Schools and State Institutions

$

--0--

Air Transportation

$

1,551,949

Inter-Modal Transfer Facilities

$ 14,845,023

Harbor Maintenance Activities

$

750,000

Total

$ 17,146,973

....... $--0--
. $1,013,306,973 . . $422,658,023

State Funds $ 167,091,352 $ 218,442,531 $ 8,039,580 $ 22,116,537 $ 415,690,000 State Funds

$

--0--

$ 1,191,949

$ 5,026,073

$

750,000

$ 6,968,023

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 ............................

Operating Expense/Payments to Central State Hospital

Operating Expense/Payments to Medical College of Georgia

Regular Operating Expenses for Projects and Insurance. . . . .

Total Funds Budgeted ...................................

State Funds Budgeted ...................................

. . . . . $21,275,542
...... $4,374,131 ........ $109,725 ......... $71,200 ......... $--0--
$83,100
. . . $233,487 .... $55,500 . . . . $23,000 $15,255,296 . $6,033,934 . . $179,000 $26,427,173 $21,275,542

Veterans Service Functional Budgets Total Funds

Veterans Assistance

4,887,443

Veterans Home and Nursing Facility--Milledgeville

15,387,796

Veterans Nursing Home--Augusta

6,151,934

Total

26,427,173

State Funds $ 4,683,460
$ 12,068,632 $ 4,523,450 $ 21,275,542

Section 43. Workers' Compensation Board. Budget Unit: Workers' Compensation Board Operations Budget: Personal Services ....................... Regular Operating Expenses Travel ................................. Motor Vehicle Purchases

$9,392,687
$6,661,985 $308,220 $64,750
. . . $--0--

3536

JOURNAL OF THE SENATE

Equipment .......................................................... $8,958 Computer Charges ................................................. $186,610 Real Estate Rentals ................................................ $932,964 Telecommunications ................................................ $105,000 Per Diem, Fees and Contracts ....................................... $239,200 Payments to State Treasury....................................... $1,000,000 Total Funds Budgeted ............................................ $9,507,687 State Funds Budgeted ............................................ $9,392,687

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).................................... $287,350,469 Motor Fuel Tax Funds (Issued) .................................. $68,310,000
355,660,469

B. Budget Unit: State of Georgia General Obligation Debt Sinking Fund

State General Funds (New) ...................................... $36,777,590

Motor Fuel Tax Funds (New) .......................

$--0--

36,777,590

Section 45. Provisions Relative to Section 3, Supreme Court. The appropriations in Section 3 (Supreme Court) of this Act are for the cost of operating the Supreme Court of the State of Georgia, including salaries and retirement contributions for Justices and the employees of the Court, including the cost of purchasing and distributing the reports (deci sions) of the appellate courts to Judges, District Attorneys, Clerks, and others as required by Code Section 50-18-31, and including Georgia's pro rata share for the operation of the National Center for State Courts.

Section 46. Provisions Relative to Section 4, Court of Appeals. The appropriations in Section 4 (Court of Appeals) of this Act are for the cost of operating the Court of Appeals of the State of Georgia, including salaries and retirement contributions for judges and employ ees of the Court.

Section 47. Provisions Relative to Section 5, Superior Courts. The appropriations in Section 5 (Superior Courts) of this Act are for the cost of operating the Superior Courts of the State of Georgia, including the payment of Judges' salaries, the payment of mileage authorized by law and such other salaries and expenses as may be authorized by law; for the payment of salaries, mileage and other expenses as may be authorized by law for District Attorneys, Assistance District Attorneys, and District Attorneys Emeritus; for the cost of staffing and operating the Prosecuting Attorneys' Council created by Code Section 15-18-40, the Sentence Review Panel created by Code Section 17-10-6, the Council of Superior Court Judges, and the Judicial Administrative Districts created by Code Section 15-5-2, for the latter of which funds shall be allocated to the ten administrative districts by the Chairman of the Judicial Council; provided, however, of the funds appropriated in Section 5, $20,000 is designated and committed to permit Judges with fewer than ten years of experience to at tend the Judicial College.

Section 48. Provisions Relative to Section 6, Juvenile Courts. The appropriations in Section 6 (Juvenile Courts) are for the cost of operating the Council of Juvenile Court Judges created by Code Section 15-11-4.

Section 49. Provisions Relative to Section 7, Institute of Continuing Judicial Educa tion. The appropriations in Section 7 (Institute of Continuing Judicial Education) are for the cost of staffing and operating the Institute of Continuing Judicial Education and the Georgia Magistrate Courts Training Council created by Code Section 15-10-132.

Section 50. Provisions Relative to Section 8, Judicial Council. The appropriations in Section 8 (Judicial Council) of this Act are for the cost of operating the Judicial Council of the State of Georgia, the Administrative Office of the Courts and the Board of Court Re porting of the Judicial Council, and for payments to the Council of Magistrate Court Judges, the Council of Probate Court Judges and the Council of State Court Judges.

TUESDAY, MARCH 31, 1992

3537

Section 51. Provisions Relative to Section 11, Department of Administrative Ser vices. 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 implementation of said plan by the Department or a contractor when feasible.
Section 52. Provisions Relative to Section 13, Department of Agriculture. Provided that of the appropriation to the Department of Agriculture, $85,000 is designated and com mitted for youth programs and activities.
Section 53. Provisions Relative to Section 15, Department of Community Af fairs. Provided, that the funds appropriated herein to the Georgia Environmental Facili ties Authority for loans shall be available for nominal or no interest loans to counties, mu nicipalities, 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 54. Provisions Relative to Section 16, Department of Corrections. It is the intent 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.
It is the intent of this General Assembly that the Department is authorized to use agency funds for the purpose of planning a medical unit, a geriatrics unit, and a 500-bed county workcamp.
Section 55. Provisions Relative to Section 18, State Board of Education--Department of Education. The formula calculation for Quality Basic Education funding assumes a base unit cost of $1,616.56. 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 1993.
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 1993 on the basis of oneeighteenth of the total appropriation for each Regional Development Commission Area

3538

JOURNAL OF THE SENATE

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 1993 that it contributed during SFY 1992.
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 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 accumulate empirically-based data to support educational research and program evaluation.
It is the intent of this General Assembly that the department continue the Student Profiles activity with existing funds.
Provided, however, that it is the intent of the General Assembly that every classroom teacher in grades K-5 shall have a duty-free lunch period. Schools not providing a duty-free lunch period shall provide a plan for implementing a duty-free lunch period including a date for implementation. Such plan shall be submitted to the Department of Education prior to October 1 and shall include an implementation date no later than February 1.
Provided, that the Governor's Scholarship Program shall include the following gradu ates from accredited high schools in Georgia with minimum full-time equivalent (FTE) counts in grades 9 through 12 as noted: high schools with 150 or more FTE count, the valedictorian, salutatorian and Star Student; high schools with 100 to 149 FTE count, the valedictorian and Star Student; high schools with 50 to 99 FTE count, the valedictorian.
Provided, that of the funds appropriated for staff and professional development, $200,000 is designated and committed to train elementary and middle school teachers in methods of teaching science and technology.
Section 56. There is included in this appropriations bill funding for HB 37, HB 38, HB 39, HB 41, HB 353, HB 588, HB 203, HB 309, and HB 310.
Section 57. Provisions Relative to Section 20, Forestry Commission. It is the intent of the General Assembly that the Walker Nursery remain open.
It is the intent of the General Assembly that the Forestry Commission continue compil ing, publishing and distribution of the Georgia Forestry Magazine and Wood-Using Indus tries in Georgia publications.
Section 58. Provisions Relative to Section 22, Office of the Governor. The Governor's

TUESDAY, MARCH 31, 1992

3539

Office of Planning and Budget shall give prior approval for all publications, other than De partmental internal forms.

Section 59. 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 1993 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 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 1993 by amendment to the Department's annual operating budget as approved by the Office of Planning and Budget:

Early intervention programs for children and youth who are at risk of becoming physi cally or emotionally handicapped, becoming involved in the illegal use of drugs and juvenile offenses or of becoming pregnant.

Continuum for Juvenile Offenders.

Community Mental Health Services for Children and Adolescents.

Child Protective and Placement Services.

Institutional Foster Care Rates--To increase the percent of cost reimbursed to provid ers for children placed by the department.

Child day care as provided by the federal Child Care Bill.

Provided, 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

3540

JOURNAL OF THE SENATE

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.
Provided, the department is authorized to transfer Personal Services surpluses, not to exceed $275,000 at each of the MH/MR/SA institutions to insure sufficient funding for agency contracted nursing services. Such transfers shall not require prior budgetary approval.
In addition to the above appropriation for the Department of Human Resources, the Department is authorized to utilize additional federal VR110 funds for capital outlay projects at Roosevelt Warm Springs Institute for Rehabilitation for use by handicapped citizens. Necessary matching funds will be provided within existing budget and with donated funds.
It is the intent of this General Assembly that the Department of Human Resources utilize existing funds to expand the PEACH Program to Crawford County.
Section 60. Provisions Relative to Section 27, Law Department. Provided, the de partment is authorized to use other funds for the use of upgrading computer systems.
Section 61. Provisions Relative to Section 28, Department of Medical Assis tance. There is hereby appropriated to the Department of Medical Assistance a specific sum of money equal to all the moneys contributed to the Indigent Care Trust Fund created pursuant to Article 6 of Chapter 8 of Title 31. The sum of money is appropriated for all of those 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.
The Department of Medical Assistance is authorized to use existing funds to adjust dispensing fees on high-cost drugs.
The Department is authorized to use existing funds for coverage of Occupational Ther apy Service in Home Health Services.
Section 62. Provisions Relative to Section 29, Merit System of Personnel Administra tion. The Department is authorized to assess no more than $157.00 per merit system budg eted position for the cost of departmental operations.
It is the intent of this General Assembly that the employee contribution rate for the state employees health benefit plan for the months of July through December of SFY 1993 shall not exceed 14.3%. For the remaining months of SFY 1993 the rate shall not exceed 10.7%.
It is the intent of this General Assembly that the employee contribution rate for the teachers health benefit plan for the months of July through December of SFY 1993 shall not exceed 11.38%. For the remaining months of SFY 1993 the rate shall not exceed 8.66%.
Section 63. 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

TUESDAY, MARCH 31, 1992

3541

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 64. 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.
It is the intent of this General Assembly that from the funding appropriated for the expansion of Driver Services, no funds may be expended for the purchase of license-issuance buses or the training of license examiners after initial training.
Section 65. Provisions Relative to Section 34, Board of Regents, University System of Georgia. 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.
Provided, that of the above amount, $1,500,000 is appropriated for eminent scholar chairs and shall be placed in the Georgia Eminent Scholars Endowment Trust Fund.
Section 66. Provisions Relative to Section 36, Secretary of State. Provided, that of the funds appropriated for Occupational Certification, $75,000 is authorized for board mem ber participation at conferences related to professional regulation.
Provided, that the funds appropriated herein for the State Ethics Commission, no more than $5,000 may be used to increase the compensation for an existing position as of March 1, 1992, and all other funds shall be used for the purposes of employing additional staff and/ or operational funds for the State Ethics Commission.
Section 67. 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 herein, $25,000.00 is designated and commit ted solely for Board Member Training.
Section 68. 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.

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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.
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)(l), 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 $484,000,000 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 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.
The Department is authorized to use federal funds to match bond proceeds to acquire, appraise, rehabilitate and evaluate additional railroad lines.
Section 69. In addition to all other appropriations for the State fiscal year ending June 30, 1993, 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; and there is hereby appropriated $300,000 for the purpose of providing funds for the Weights and Mea sures Warehouse, Animal Protection and Feed Division; there is hereby appropriated $9,320,000 for the purpose of providing operating funds for the State physical health labora tories ($120,000 Budget Unit "A") and for State mental health/mental retardation institu tions ($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 operation of the Employment Service and Unemployment Insurance Programs in the Department of Labor. The Office of Planning and Budget is hereby authorized to transfer funds from this section to the appropriate departmental budgets in amounts equal to the departmental remittances to the Fiscal Division of the Department of Administrative Services from agency fund collections.
Section 70. 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 71. 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

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shall not use State vehicles except for official State business. Except as otherwise specifically authorized by this body, utilization of State motor vehicles for commuting to and from work should only be authorized in rare and unusual circumstances requiring frequent and regular use of such State vehicles in official State business under conditions precluding obtaining a State vehicle from a State facility in a normal manner.
The State Auditor shall make the utilization of motor vehicles, xerographic equipment and telephonic equipment a matter of special interest in future audits to insure strict com pliance with the intent of this General Assembly.
Section 72. To the extent to which Federal funds become available in amounts in ex cess of those contemplated in this Appropriations Act, such excess Federal funds shall be applied as follows, whenever feasible:
First, to supplant State funds which have been appropriated to supplant Federal funds, which such supplanted State funds shall thereupon be removed from the annual operating budgets; and
Second, to further supplant State funds to the extent necessary to maintain the effec tive matching ratio experienced in the immediately preceding fiscal year, which such sup planted State funds shall thereupon be removed from the annual operating budgets.
The Office of Planning and Budget shall utilize its budgetary and fiscal authority so as to accomplish the above stated intent to the greatest degree feasible. At the end of this fiscal year, said Office of Planning and Budget shall provide written notice to the members of the Appropriations Committees of the Senate and House of Representatives of the in stances of noncompliance with the stated intent of this Section.
A nonprofit contractor, as defined in Chapter 20 of Title 50, which contracts to receive any public funds appropriated in this Act shall comply with all provisions of Chapter 20 of Title 50 and shall, in addition, deposit copies of each filing required by Chapter 20 of Title 50 with the chairmen of the House and Senate Appropriations Committees and with the Legislative Budget Office, at the same time as the filings required under Chaper 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 73. Each agency for which an appropriation is authorized herein shall main tain financial records in such a fashion as to enable the State Auditor to readily determine expenditures as contemplated in this Appropriations Act.
Section 74. 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 75. No State appropriations authorized under this Act shall be used to con tinue programs currently funded entirely with Federal funds.
Section 76. 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.

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Section 77. (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 1992 Regular Session, except as provided, however, the Director of the Budget is authorized to make internal transfers within a budget unit between objects, programs and activities sub ject 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 Appropriations 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 78. 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 79. 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 80. In addition to all other appropriations for State Fiscal Year 1993, there is appropriated the sum of $38,115,610 for the purposes of making adjustment to agency ap propriations for ERS employer contribution rate, employer health insurance rate and imple mentation of House Bill 1596.
Section 81. 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

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Obligation Debt Sinking Fund (New), $960,000 is specifically appropriated for the purpose of financing facilities for county and independent school systems through the State Board of Education, by means of the acquisition, construction, development, extension, enlargement, and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $4,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $768,000 is specifically appropriated for the purpose of financing facilities for county and independent school systems through the State Board of Education, by means of the acquisition, construction, development, extension, enlargement, and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,200,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $2,470,090 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 $25,205,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $7,239,260 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 $73,870,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $2,734,200 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 $27,900,000 in principal amount of General Obligation Debt, the instruments of which shall have maturi ties not in excess of two hundred forty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $1,440,000 is specifically appropriated for the purpose of financing facilities for the Department of Technical and Adult Education, by means of the acquisition, construction, development, extension, enlargement, and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, neces sary or useful in connection therewith, through the issuance of not more than $6,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturi ties not in excess of sixty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $539,000 is specifically appropriated for the purpose of financing facilities for the Department of Natural Resources, by means of the acquisition, construction, development, extension, enlargement, and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $5,500,000 in principal amount

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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), $441,000 is specifically appropriated for the purpose of financing facilities for the Department of Natural Resources, by means of the acquisition, construction, development, extension, enlargement, and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $4,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $3,183,040 is specifically appropriated for the purpose of financing facilities for the Georgia Ports Authority, by means of the acquisition, construc tion, development, extension, enlargement, and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connec tion therewith, through the issuance of not more than $32,480,000 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), $888,370 is specifically appropriated for the purpose of financing facilities for the Georgia Ports Authority, by means of the acquisition, construc tion, development, extension, enlargement, and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connec tion therewith, through the issuance of not more than $9,065,000 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), $1,423,940 is specifically appropriated for the purpose of financing facilities for the Georgia Ports Authority, by means of the acquisition, construc tion, development, extension, enlargement, and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connec tion therewith, through the issuance of not more than $14,530,000 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), $343,000 is specifically appropriated for the purpose of financing facilities for the Board of Regents of the University System of Georgia, by means of the acquisition, construction, development, extension, enlargement, and improve ment of land, property, buildings, structures, equipment and facilities, both real and per sonal, necessary or useful in connection therewith, through the issuance of not more than $3,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $686,000 is specifically appropriated for the purpose of financing public road, bridge or navigational facilities for the Department of Transporta tion, 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 $7,000,000 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), $6,958,000 is specifically appropriated for the purpose of financing public road and bridge facilities for the Department of Transportation, by

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means of the acquisition, construction, development, extension, enlargement, and improve ment of land, property, buildings, structures, equipment and facilities, both real and per sonal, necessary or useful in connection therewith, through the issuance of not more than $71,000,000 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), $695,800 is specifically appropriated for the purpose of financing public road, railroad, or bridge facilities for the Department of Transportation, by means of the acquisition, construction, development, extension, enlargement, and im provement 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 $7,100,000 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), $1,960,000 is specifically appropriated for the purpose of financing facilities for the Department of Natural Resources, by means of the acquisition, construction, development, extension, enlargement, and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $20,000,000 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), $352,800 is specifically appropriated for the purpose of financing facilities for the Department of Corrections, by means of the acquisition, con struction, development, extension, enlargement, and improvement of land, property, build ings, structures, equipment and facilities, both real and personal, necessary or useful in con nection therewith, through the issuance of not more than $3,600,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $392,000 is specifically appropriated for the purpose of financing facilities for the Department of Corrections, by means of the acquisition, con struction, development, extension, enlargement, and improvement of land, property, build ings, structures, equipment and facilities, both real and personal, necessary or useful in con nection therewith, through the issuance of not more than $4,000,000 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), $122,500 is specifically appropriated for the purpose of financing facilities for the Georgia Building Authority (Markets), by means of the acquisi tion, construction, development, extension, enlargement, and improvement of land, prop erty, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,250,000 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), $245,000 is specifically appropriated for the purpose of financing facilities for the Department of Corrections, by means of the acquisition, con struction, development, extension, enlargement, and improvement of land, property, build ings, structures, equipment and facilities, both real and personal, necessary or useful in con nection therewith, through the issuance of not more than $2,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months.

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Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $46,550 is specifically appropriated for the purpose of financing facilities for the Department of Public Safety, 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 $475,000 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), $27,440 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 $280,000 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), $901,600 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 $9,200,000 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), $1,960,000 is specifically appropriated for the purpose of financing facilities for the Board of Regents of the University System of Georgia, by means of the acquisition, construction, development, extension, enlargement, and improve ment of land, property, buildings, structures, equipment and facilities, both real and per sonal, necessary or useful in connection therewith, through the issuance of not more than $20,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months.
Section 82. Cost-of-Living. The General Assembly has distributed to and included in the agency appropriations listed hereinbefore State funds for the purposes described herein: 1.) For full-time employees of the Executive, Judicial and Legislative branches of State Gov ernment, a 2.5% increase with a maximum of $1,000 effective October 1, 1992; 2.) For Tech nical and Adult Education employees, a 2.0% increase for instructional personnel effective October 1, 1992 and a 1.0% increase effective January 1, 1993 and for non-instructional personnel a 2.5% increase with a maximum of $1,000 effective October 1, 1992; 3.) For teachers, public librarians, and other instructional and support personnel, an increase from $18,541 to $18,911 for the T-4 entrance level, effective October 1, 1992; an increase from $18,911 to 19,100 for the T-4 entrance level, effective January 1, 1993; 4.) For school bus drivers and lunchroom workers, a 2.5% increase effective October 1, 1992; 5.) For University System employees, a 2.5% salary increase with a maximum of $1,000 for non-instructional personnel effective October 1, 1992; 0.5% increase in the formula adjustment; 6.) For em ployees of the Athens and Tifton Veterinary Laboratories, the Poultry Veterinary Diagnos tic Laboratories, the Cooperative Extension Service and Agricultural Experiment Stations, a 2.5% increase with a maximum of $1,000; 7.) An increase of 2.5% with a maximum of $1,000 for each State official (excluding the Lieutenant Governor and General Assembly members) whose salary is set by Act 755 (H.B. 262) of the 1978 Regular Session of the Georgia General Assembly, as amended, as authorized in said act, Code Section 45-7-4.
Section 83. It is the intent of this General Assembly that the Georgia State Financing and Investment Commission utilize the funds appropriated to it in this appropriations bill, together with surplus and reserve funds available from the Georgia Building Authority

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(Hospital) to defease all undefeased outstanding bonds of the Georgia Building Authority (Hospital).
Section 84. TOTAL STATE FUND APPROPRIATIONS State Fiscal Year 1992 .......................................... $8,174,000,000
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.
Senator Johnson of the 47th moved that the Senate adopt the Conference Committee report on HB 1261.

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

Those voting in the affirmative were Senators:

Alien Baldwin Bishop Bowen Broun of 46th Brown of 26th Clay Coleman Dawkins Deal Dean Echols Edge English Foster

Garner Gillis Hammill Harris Hasty Henson Hill Hooks Huggins Johnson Marable Moye Perdue Perry 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 voting in the negative were Senators:

Albert Burton Collins Egan

Kidd Langford Newbill

Phillips Tysinger White

Not voting was Senator Shumake.

On the motion, the yeas were 45, nays 10; the motion prevailed, and the Senate adopted the Conference Committee report on HB 1261.

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

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 House substitute to SB 646 was as follows:

A BILL To be entitled an Act to amend Code Section 40-6-393 of the Official Code of Georgia

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Annotated, relating to homicide by vehicle, so as to provide that a violation of the require ment to stop when meeting or overtaking a school bus which results in the death of another shall be homicide by vehicle; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. Code Section 40-6-393 of the Official Code of Georgia Annotated, relating to homicide by vehicle, is amended by striking said Code section in its entirety and inserting in lieu thereof the following:

"40-6-393. (a) Any person who, without malice aforethought, causes the death of an other person through the violation of subsection (a) of Code Section 40-6-163, or subsection (b) of Code Section 40-6-270 or Code Section 40-6-390 or 40-6-391 or subsection (a) of Code Section 40-6-395 commits the offense of homicide by vehicle in the first degree and, upon conviction thereof, shall be punished by imprisonment for not less than two years nor more than 15 years.

(b) Any person who causes the death of another person, without an intention to do so, by violating any provision of this title other than subsection (a) of Code Section 40-6-163 or subsection (b) of Code Section 40-6-270 or Code Section 40-6-390 or 40-6-391 or subsection (a) of Code Section 40-6-395 commits the offense of homicide by vehicle in the second de gree when such violation is the cause of said death and, upon conviction thereof, shall be punished as provided in Code Section 17-10-3.

(c) Any person who, after being declared a habitual violator as determined under Code Section 40-5-58 and while such person's license is in revocation, causes the death of another person, without malice aforethought, by operation of a motor vehicle, commits the offense of homicide by vehicle in the first degree and, upon conviction thereof, shall be punished by imprisonment for not less than three years nor more than 15 years, and adjudication of guilt or imposition of such sentence for a person so convicted may be suspended, probated, de ferred, or withheld but only after such person shall have served at least one year in the penitentiary."

Section 2. All laws and parts of laws in conflict with this Act are repealed.

Senator Johnson of the 47th moved that the Senate agree to the House substitute to SB 646.

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

Those voting in the affirmative were Senators:

Albert
Alien
Baldwin BishP Bowen Broun of 46th Brown of 26th

Garner
Gillis
Hammill Harris Hasty Henson Hm

Pollard
Ragan of 10th
Ragan of 32nd Ramsey Ray Robinson gcott

^uarton
Coleman
Collins Dawkins rjeai Dean Echols Edge Egan English Foster

Hooks Huggins
TKldd J Langford Marable Mye Newbill Perdue Perry Phillips

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

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3551

Not voting was Senator Shumake.

On the motion, the yeas were 55, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 646.

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

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".

The House amendment to the Senate amendment to HB 1109 was as follows:

Amend the Senate amendment to HB 1109 by adding following line 11 of page 1 the following:
"By adding between lines 8 and 9 of page 1 the following:
'to amend 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, so as to provide for exemptions from the licensing requirements for elec trical contractors, plumbers, and conditioned air contractors;'
By redesignating Sections 3 and 4 as Sections 4 and 5, respectively.
By adding between lines 27 and 28 of page 3 the following:
'Section 3. Said chapter is further amended by adding at the end of Code Section 43-148, relating to licenses required for electrical, plumbing, or conditioned air contracting, a new subsection (m) to read as follows:
"(m) Notwithstanding subsections (a), (b), or (c) of this Code section, no person shall be required to obtain a license to engage in the electrical contracting business as an electri cal contractor, in the business of plumbing as a master plumber or journeyman plumber, or in the business of conditioned air contracting as a conditioned air contractor if such person performs or provides labor on new buildings, structures, plumbing, electrical wiring or equipment, or conditioned air equipment in an amount less than $200.00 per job or normal maintenance and repair on existing buildings, structures, plumbing, electrical wiring or equipment, or conditioned air equipment if the total labor cost for such maintenance or repair work is less than $200.00." ' ".

Senator Tysinger of the 41st moved that the Senate agree to the House amendment to the Senate amendment to HB 1109.

On the motion, 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 Deal
Dean Echols
Edge Egan English Foster
Gillis

Hammill Harris
Hasty Henson
Hill Hooks Huggins Johnson
Kidd

3552

JOURNAL OF THE SENATE

Langford Marable Mye Newbill PPeerrdryue Philljpg Pollard Ragan of 10th

Ragan of 32nd Ramsey Ray Robinson S,, cott Starr Steinberg Tate

Taylor Thompson Timmons Turner ,,Tysm. ger Walker of 22nd Walker of 43rd White

Voting in the negative were Senators Alien and Coleman.

Not voting were Senators Garner and Shumake.

On the motion, the yeas were 52, nays 2; the motion prevailed, and the Senate agreed to the House amendment to the Senate amendment to HB 1109.

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

SB 17. By Senator Kidd of the 25th:
A bill to amend Article 1 of Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to the State Merit System of Personnel Administration, so as to change the provisions relating to the accumulation and utilization of sick leave; to repeal certain provisions relating to disapproval of sick leave and proce dures for contesting disapproval.

The House substitute to SB 17 was as follows:

A BILL
To be entitled an Act to amend Article 1 of Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to the State Merit System of Personnel Administration, so as to provide that certain personnel of the Department of Public Safety shall be in the unclas sified service; 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 20 of Title 45 of the Official Code of Georgia Annotated, relating to the State Merit System of Personnel Administration, is amended by striking subparagraph (Y) of paragraph (15) of Code Section 45-20-2, relating to definitions, in its entirety and inserting in lieu thereof the following:
"(Y) Positions in the class major or Captain assigned to the Uniform Division of the Department of Public Safety and the position of Personnel Officer of the Department of Public Safety;"
Section 2. This Act shall become effective upon the Governor's approval or upon its becoming law without such approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

Senator Kidd of the 25th moved that the Senate agree to the House substitute to SB 17.

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

Those voting in the affirmative were Senators:

TUESDAY, MARCH 31, 1992

3553

Albert Alien Baldwin Bishop Bowen Broun of 46th Brown of 26th
Clay Coleman Collins Dawkins Deal Dean Echols Edge Egan English

Foster Garner Hammill Harris Hasty Henson Hill
Huggins Johnson Kidd Langford Marable Moye Perdue Perry Phillips Pollard

Ragan of 10th Ragan of 32nd Ramsey Rav Robinson Scott Starr
Steinberg
Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White

Those not voting were Senators:

Gillis

Newbill

Shumake

On the motion, the yeas were 53, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 17.

Senator Scott of the 36th moved that the Senate Rule requiring a Conference Committee report to be printed and distributed one (1) hour before its consideration by the Senate be suspended, and that the Conference Committee report on the following bill of the Senate be considered:

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.

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

Those voting in the affirmative were Senators:

Baldwin Bishop Bowen Broun of 46th BC/-iiluaryton CDoalwemkianns Deal
Dean
Edge
Egan Foster

Garner Hammill Harris Hasty HTHTouoggksi ns LMaanrgafbolred Moye
Perry
Phillips
Ragan of 10th Ragan of 32nd

Ramsey Ray Robinson Scott oTQtiaoatre,-r _T,hompson limmons
Turner
Tysinger
Walker of 43rd White

3554

JOURNAL OF THE SENATE

Those voting in the negative were Senators:

Albert Allen BCorollwinns of 26th
Echols
English

Gillis Henson ,,Hl.1,,1
Johnson
Kidd

Newbill Perdue nPol,,lard,
Taylor
Walker of 22nd

Not voting were Senators Shumake and Steinberg.

On the motion, the yeas were 38, nays 16; the motion prevailed, and the Conference Committee report on SB 735, as follows, was considered by the Senate:

The Conference Committee report on SB 735 was as follows:
The Committee of Conference on SB 735 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference substitute to SB 735 be adopted.
Respectfully submitted,

FOR THE SENATE:
Is/ Judy Moye Senator, 34th District
/s/ David Scott Senator, 36th District
/s/ Walter Ray Senator, 19th District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Grace Davis Representative, 29th District
/s/ Bob Holmes Representative, 28th District
/s/ Gail Buckner Representative, 72nd District

Conference Committee substitute to SB 735:

A BILL
To be entitled an Act 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 criminal street gang with knowledge that its members engage in or have engaged in a pat tern 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 con duct; to provide a short title; to provide for legislative intent; to define certain terms; to provide for certain enhanced or mandatory penalties with respect to the commission of cer tain crimes in connection with street gang activity; to provide exceptions; to provide excep tions to the application of this Act; to provide for applicability of this Act with respect to local ordinances relating to street gang activity; to provide for construction; to provide for severability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 16 of the Official Code of Georgia Annotated, relating to crimes and orTenses, is amended by adding at the end thereof a new Chapter 15 to read as follows:
"CHAPTER 15
16-15-1. This chapter shall be known and may be cited as the 'Georgia Street Gang Terrorism and Prevention Act.'
16-15-2. (a) The General Assembly finds and declares that it is the right of every person

TUESDAY, MARCH 31, 1992

3555

regardless of race, color, creed, religion, national origin, sex, age, or handicap to be secure and protected from fear, intimidation, and physical harm caused by the activities of violent groups and individuals. It is not the intent of this chapter to interfere with the exercise of the constitutionally protected rights of freedom of expression and association. The General Assembly recognizes the constitutional right of every citizen to harbor and express beliefs on any lawful subject whatsoever, to associate lawfully with others who share similar beliefs, to petition lawfully constituted authority for a redress of perceived grievances, and to partici pate in the electoral process.
(b) The General Assembly, however, further finds that the State of Georgia is in a state of crisis which has been caused by violent street gangs whose members threaten, terrorize, and commit a multitude of crimes against the peaceful citizens of their neighborhoods. These activities, both individually and collectively, present a clear and present danger to public order and safety and are not constitutionally protected.
(c) The General Assembly finds that there are criminal street gangs operating in Geor gia and that the number of gang-related murders is increasing. It is the intent of the Gen eral Assembly in enacting this chapter to seek the eradication of criminal activity by street gangs by focusing upon patterns of criminal gang activity and upon the organized nature of street gangs which together are the chief source of terror created by street gangs.
(d) The General Assembly further finds that an effective means of punishing and deter ring the criminal activities of street gangs is through forfeiture of the profits, proceeds, and instrumentalities acquired, accumulated, or used by street gangs.
16-15-3. As used in this chapter, the term:
(1) 'Criminal street gang' means any ongoing organization, association, or group of three or more persons, whether formal or informal, having as one of its primary activities the commission of one or more of the criminal acts enumerated in subparagraphs (A) through (K) of paragraph (2) of this Code section and which has a common name or common identi fying sign or symbol and the members of which, individually or collectively, engage in or have engaged in a pattern of criminal gang activity.
(2) 'Pattern of criminal gang activity' means the commission, attempted commission, or solicitation of two or more of the following offenses, provided at least one of those offenses occurred after July 1, 1992, the last of those offenses occurred within three years after a prior offense, and the offenses are committed on separate occasions or by two or more persons:
(A) Aggravated assault, as defined in Code Section 16-5-21;
(B) Aggravated battery, as defined in Code Section 16-5-24;
(C) Robbery, as defined in Code Section 16-8-40;
(D) Armed robbery, as defined in Code Section 16-8-41;
(E) Murder or felony murder, as defined in Code Section 16-5-1;
(F) Voluntary manslaughter, as defined in Code Section 16-5-2;
(G) Involuntary manslaughter, as defined in Code Section 16-5-3;
(H) The unlawful sale, possession for sale, transportation, manufacture, offer for sale, or offer to manufacture a controlled substance in violation of any provision of Article 2 of Chapter 13 of this title, the 'Georgia Controlled Substances Act';
(I) Terroristic threats and acts, as defined in Code Section 16-11-37;
(J) Arson in the first degree, second degree, or third degree, as defined in Code Section 16-7-60, 16-7-61, or 16-7-62; or
(K) Influencing witnesses, as defined in Code Section 16-10-93.
16-15-4. (a) Except as otherwise provided in subsections (b) and (c) of this Code sec tion, any person who actively participates in any criminal street gang with knowledge that

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JOURNAL OF THE SENATE

its members engage in or have engaged in a pattern of criminal gang activity and who will fully promotes, furthers, or assists in any felonious criminal conduct by members of that gang shall be guilty of a misdemeanor.
(b) (1) Except as provided in paragraph (2) of this subsection or subsection (c) of this Code section, any person who is convicted of a felony which is committed for the benefit of, at the direction of, or in association with any criminal street gang with the specific intent to promote, further, or assist in any criminal conduct by gang members shall, upon conviction of that felony, in addition and consecutive to the punishment prescribed for the felony or attempted felony of which he or she has been convicted, be punished by an additional term of one, two, or three years at the court's discretion. The court shall order the imposition of the middle term of the sentence enhancement unless there are circumstances in aggravation or mitigation. The court shall state the reasons for its choice of sentence enhancements on the record at the time of the sentencing.
(2) Notwithstanding any other provision of law, the court may strike the additional punishment for the enhancements provided in paragraph (1) of this subsection in an un usual case where the interest of justice would best be served if the court specifies on the record the circumstances indicating that the interest of justice would best be served by such disposition.
(c) Any person who violates subsection (b) of this Code section in the commission of a felony punishable by imprisonment for life shall not have the sentence suspended, probated, deferred, or withheld prior to such person serving a minimum of 15 years.
16-15-5. (a) Any person who is convicted of a public offense punishable as a misde meanor which is committed for the benefit of, at the direction of, or in association with any criminal street gang shall be punished by imprisonment in the county jail for a period not to exceed one year, provided that the person's sentence shall not be suspended, probated, de ferred, or withheld prior to such person serving a minimum of 180 days.
(b) Notwithstanding any other provision of law, the court may refuse to impose the minimum jail sentence for misdemeanors as provided in subsection (a) of this Code section in an unusual case where the interests of justice would best be served if the court specifies on the record and circumstances indicating that the interests of justice would best be served by such disposition.
16-15-6. This chapter does not apply to employees engaged in concerted activities for their mutual aid and protection or to the activities of a labor organization or its members or agents.
16-15-7. Nothing in this chapter shall prevent a local governing body from adopting and enforcing ordinances relating to gangs and gang violence which are consistent with this chapter. Where local laws duplicate or supplement the provisions of this chapter, this chap ter shall be construed as providing alternative remedies and not as preempting the field."
Section 2. 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 hereof. The General Assembly declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional.
Section 3. All laws and parts of laws in conflict with this Act are repealed.
Senator Scott of the 36th moved that the Senate adopt the Conference Committee re port on SB 735.
On the motion, a roll call was taken, and the vote was as follows:

TUESDAY, MARCH 31, 1992

3557

Those voting in the affirmative were Senators:

Albert Alien Baldwin Bishop Bowen Broun of 46th 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 Perry

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

Those voting in the negative were Senators:

Brown of 26th Collins

Newbill Perdue

Taylor

Those not voting were Senators:

Shumake

Steinberg

Walker of 22nd

On the motion, the yeas were 48, nays 5; the motion prevailed, and the Senate adopted the Conference Committee report on SB 735.

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

SB 81. By Senator Kidd of the 25th:
A bill to amend Code Section 40-5-27 of the Official Code of Georgia Annotated, relating to examination of applicants for drivers' licenses, so as to prohibit the issuance of a driver's license to any person who does not meet certain vision stan dards; to provide an exception.

The House substitute to SB 81 was as follows:

A BILL
To be entitled an Act to amend Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to 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; to provide for fees; to provide for conditions; to prohibit the issuance of a driver's license to any person who does not meet certain vision standards; to provide an exception; to provide that a person whose measured visual acuity does not meet established criteria may be considered eligible for a driver's license if the person is qualified for a driver's license under certain provisions of law and if certain other conditions are satisfied; to provide for rules and regulations; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles, is amended by striking Code Section 40-2-65, relating to special license plates for members

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JOURNAL OF THE SENATE

of active reserve components of the United States, in its entirety and inserting in lieu thereof a new Code Section 40-2-65 to read as follows:
"40-2-65. (a) Motor vehicle owners who are assigned or attached members of troop pro gram units of any branch of the active reserve components of the United States inside or outside the State of Georgia shall be eligible to receive free motor vehicle license plates for private passenger cars or trucks used for personal transportation. Motor vehicle owners who are members of any National Guard unit in a state adjoining the State of Georgia and for whom there is no National Guard unit in the county of their residence shall be eligible to receive free motor vehicle plates for private passenger cars or trucks used for personal trans portation to identify such vehicle owner as a reservist. 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. No person shall be entitled to more than one free motor vehicle license plate for any calendar year; provided, however, that, upon payment of the regular license fee provided for in Code Section 48-10-2 and a manufactur ing fee of $25.00, a reservist shall be entitled to receive one additional such license plate. Additional words or symbols in addition to numbers and letters prescribed by law shall be inscribed upon such license plates so as to identify distinctively the owner as a member of the 'United States military reserve.' The major commanders of each active reserve compo nent program shall furnish to the commissioner each year prior to the date that license plates are issued a list of the members of their command assigned or attached to troop program units who reside in Georgia. The adjutant general of each neighboring state shall furnish to the commissioner each year"prior to the date that license plates are issued a list of the members of that state's National Guard unit 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 the 'United States military reserve,' 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 reservist acquire another motor vehicle, the license plate issued pursuant to this Code sec tion may be placed on such newly acquired motor vehicle, and such reservist shall notify the commissioner of such transfer of the license plate to such newly acquired motor vehicle in such manner as the commissioner may prescribe by regulation. No transfer or cancellation fee shall be charged for the transfer of free reservist license plates. There shall be a transfer and cancellation fee of $1.00 for the transfer of any other reservist license plate.
(2) Should an active reservist who has been issued a free license plate be discharged or otherwise separated from his reserve unit, the immediate commanding officer of such active reservist shall obtain the discharged member's free license plate at the time of the discharge and shall forward same to the commissioner along with a certificate to the effect that such person has been discharged, and thereupon the commissioner shall issue a regular license plate, at no additional charge, to such former reservist to replace the reservist plate. Should an active reservist enlist or be commissioned after he has purchased a regular license plate for the current year, the commanding officer of the unit in which such person enlists or is commissioned shall likewise secure the regular license plate of such person and return same to the commissioner, along with a certificate to the effect that such person has been enlisted or commissioned in a troop program unit of the reserve components, and the effective date thereof, whereupon the commissioner shall issue a reservist license plate, at no extra charge, to such new member to replace the returned regular plate. Upon such request for a change in plate for a discharged reservist or a newly enlisted reservist, the commanding officer shall furnish such member with a copy of his letter to the commissioner requesting the appropri ate 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 commis sioner is specifically authorized to promulgate all rules and regulations necessary to ensure

TUESDAY, MARCH 31, 1992

3559

compliance in instances where such vehicles have been transferred or sold. Except as pro vided in subsection (b) of this Code section, such plates shall be nontransferable."
Section 2. Said title is further amended by inserting at the end of Code Section 40-5-27, relating to examination of applicants for drivers' licenses, the following:
"(c) (1) Except as provided in paragraphs (2), (3), and (4) of this subsection, no driver's license shall be issued to any person who does not have a visual acuity of 20/60, corrected or uncorrected, in at least one eye or better and a horizontal field of vision with both eyes open of at least 140 degrees or, in the event that one eye only has usable vision, horizontal field of vision must be at least 70 degrees temporally and 50 degrees nasally.
(2) A person whose visual acuity is less than 20/60 but better than 20/200 using specta cles, contact lenses, or the carrier portion of bioptic spectacles shall be considered eligible for a driver's license if the person is not otherwise disqualified from having a driver's license under the provisions of this article and if:
(A) The person can attain a visual acuity of at least 20/60 through utilizing bioptic telescopes;
(B) The telescopes are prescribed by a licensed optometrist or ophthalmologist;
(C) The person presents documentation of having satisfactorily completed training in the use of the bioptic telescope as certified by the prescribing doctor;
(D) The person presents documentation of an on-the-road evaluation and having satis factorily completed any recommended training in driving while using bioptic telescopes from a certified driver's license examiner;
(E) The person completes a standard driver's education course while using the bioptic telescopes subsequent to completing evaluation or training with a driver's license examiner; and
(F) The person presents said documentation to a department operated test site and passes a driver's test examination administered by the department.
(3) A person who is licensed to drive using bioptic telescopes shall be subject to possible restrictions placed on his or her license as determined and recommended by the prescribing optometrist or ophthalmologist or the driver's license examiner. Any recommended restric tions shall be reported to the department in writing at the time the person presents himself or herself for a driver's test examination. Restrictions may include daylight driving only, outside rear-view mirrors, certain area and time restrictions, no interstate driving, yearly reevaluations by an optometrist or ophthalmologist, and other such restrictions. Any restric tions shall be eligible for review and reconsideration after one year by completing all of the steps described in subparagraphs (A) through (F) of paragraph (2) of this subsection, in cluding completing any additional possible testing under special conditions, as determined by the optometrist or ophthalmologist.
(4) The user of a bioptic telescope shall require renewal of his or her license biennially. The person must be reevaluated at least biennially by an optometrist or ophthalmologist and must biennially pass the driver's road test examination administered by the depart ment. A certification by the optometrist or ophthalmologist that the user's visual acuity, visual field, and eye health remain stable shall be presented to the department at the time of the biennial road test examination. In the event that changes in vision are determined, the person's license shall expire and the person must successfully repeat all of the steps described in subparagraphs (A) through (F) of paragraph (2) of this subsection in order to have his or her license reinstated."
Section 3. All laws and parts of laws in conflict with this Act are repealed.
Senator Kidd of the 25th moved that the Senate agree to the House substitute to SB 81.

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JOURNAL OF THE SENATE

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

Those voting in the affirmative were Senators:

Albert Alien Baldwin Bishop Bowen Broun of 46th Brown of 26th B,uarton
Coleman Dawkins j)eal D ean Echols Edge Egan English Foster

Garner Gillis Hammill Harris Hasty Henson Hm Hooks
Huuggins Jo^son Kidd Langford Marable Moye 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

Voting in the negative were Senators Collins and Newbill.

Not voting were Senators Shumake and Tate.

On the motion, the yeas were 52, nays 2; the motion prevailed, and the Senate agreed to the House substitute to SB 81.

The following bill of the Senate was taken up for the purpose of considering the Confer ence Committee report thereon:

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 Conference Committee report on SB 155 was as follows:
The Committee of Conference on SB 155 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference substitute to SB 155 be adopted.
Respectfully submitted,

FOR THE SENATE:
/s/ Sanford D. Bishop Senator, 15th District
/s/ David Scott Senator, 36th District
Gene Walker Senator, 43rd District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Suzi Herbert Representative, 76th District
/s/ DuBose Porter Representative, 119th District
/s/ Thomas M. Kilgore Representative, 42nd District

TUESDAY, MARCH 31, 1992

3561

Conference Committee substitute to SB 155:

A BILL
To be entitled an Act to amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to change the provisions relating to reorganization or consolida tion plans relating to school systems' local facilities; to change the provisions relating to petitions; 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 20 of the Official Code of Georgia Annotated, relating to education, is amended by striking paragraph (4) of subsection (k.l) of Code Section 20-2-260, relating to capital outlay funds generally, as enacted by SB 488 adopted at the 1992 session of the General Assembly of Georgia, and inserting in lieu thereof a new paragraph (4) to read as follows:
"(4) Any registered voter may file with the local board of education a notice of intent to file a petition when the voter wishes to express opposition to a school system's local facilities plan as it pertains to consolidation of schools within that system. A petition with the signa ture of at least 25 percent of the qualified, registered voters within that system's jurisdiction must be filed with the board of education within 60 days after the notice of intent to file a petition has been received by the board. The signatures on the petition must be validated against the official list of registered voters;"
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 Scott of the 36th moved that the Senate adopt the Conference Committee re port on SB 155.

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

Those voting in the affirmative were Senators:

Albert Baldwin Bowen Broun of 46th Brown of 26th Burton
XCTfman CDoalwhknisns Deal Dean Echols Edge Egan English Foster Garner

Gillis Hammill Harris Hasty Henson Hill
HHouogkgsins TM, ,aon Kldd Langford Marable Moye Newbill Perdue Perry Phillips

Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson
SSctaortrt CS..Ltem buerg Tate Taylor Thompson Timmons Turner Tysinger Walker of 43rd White

Voting in the negative was Senator Walker of 22nd.

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JOURNAL OF THE SENATE

Those not voting were Senators:

Alien

Bishop

Shumake

On the motion, the yeas were 52, nays 1; the motion prevailed, and the Senate adopted the Conference Committee report on SB 155.

The following resolutions of the Senate were read and adopted:

SR 610. By Senators Johnson of the 47th, Deal of the 49th, Garner of the 30th and Starr of the 44th:
A resolution commending John Marvin "Pete" Hackney.

SR 612. By Senator Dean of the 31st: A resolution commending the Paulding County Building Association.

SR 613. By Senator Dean of the 31st: A resolution commending and recognizing Mr. C. Lewis "Luke" Biggers.

SR 614. By Senators Thompson of the 33rd and Ragan of the 32nd: A resolution expressing sympathy at the passing of F. B. "Doc" Chastain.

SR 615. By Senators Thompson of the 33rd, Clay of the 37th, Ragan of the 32nd and Newbill of the 56th:
A resolution expressing sympathy at the tragic and untimely death of Charles T. "Chet" Planchard III.

SR 616. By Senator Dean of the 31st: A resolution commending the Paulding Council for the Arts.

SR 617. By Senators Bishop of the 15th and Robinson of the 16th:
A resolution commending and supporting the Carver Heights Anti-Drug program.

SR 618. By Senator Thompson of the 33rd: A resolution expressing sympathy at the passing of Connie Crider Vick.

SR 619. By Senator Walker of the 43rd: A resolution recognizing and expressing appreciation to Mark H. Cohen.

SR 620. By Senator Thompson of the 33rd: A resolution expressing condolences relative to the passing of Mr. W. 0. Smitha.

TUESDAY, MARCH 31, 1992

3563

SR 621. By Senator Dean of the 31st:
A resolution commending Honorable William "Pete" Bridges.
SR 622. By Senators Huggins of the 53rd, Garner of the 30th, Gillis of the 20th and others:
A resolution commending Honorable Tom Ramsey.
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 Senate:
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 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 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 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 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.

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SB 773. By Senators Garner of the 30th, Tysinger of the 41st, Broun of the 46th and others:
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 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 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 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 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 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 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

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describing those counties in which registered voters residing within certain mu nicipalities shall be added to the municipality's voter registration list.
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.
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.
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 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 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 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".

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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 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 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.
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 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 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.
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

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authority of the county shall appoint the county registrars; to provide an effec tive date.

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 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 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.

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.

SB 866. By Senator Broun of the 46th:
A bill to amend an Act establishing the Unified Government of Athens-Clarke County, Georgia, as amended, so as to provide how membership positions on the Athens-Clarke County Industrial Development Authority shall be construed as a result of the changes effected by the governmental reorganization which resulted in that Unified Government; to provide for legislative findings.

SB 334. By Senator Edge of the 28th:
A bill to amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the number of judges of superior courts, so as to provide for a fourth judge of the superior courts of the Griffin Judicial Circuit of Georgia; to provide for the appointment of such additional judge by the Governor; to provide for the election of successors to the judge initially appointed.

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The House has adopted by the requisite constitutional majority the following resolu tions of the Senate:
SR 485. By Senator Hasty of the 51st: A resolution designating the Joseph E. Brown Parkway.
SR 481. By Senators Thompson of the 33rd, Clay of the 37th, Ragan of the 32nd and others: A resolution commending the Roosevelt Circle Revitalization Program.
SR 383. By Senators Foster of the 50th, Broun of the 46th, Tysinger of the 41st and others: A resolution designating October, 1992, as "Georgia Quality Month".
The House has agreed to the Senate amendments, to the House substitutes, to the fol lowing bills of the Senate:
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 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.
The House has agreed to the Senate amendments to the following bills of the House:
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.
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 2055. By Representatives Banner 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 2112. By Representatives Herbert of the 76th and Flynt of the 75th: A bill to amend an Act creating the Griffin-Spalding County School System, so as to change the description of the districts from which are elected members of the Griffin-Spalding County Board of Education.

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HB 2164. By Representative Greene of the 130th: A bill to create the Stewart County Solid Waste Authority.
HB 2082. By Representatives Oliver of the 53rd, Teper of the 46th and Irwin of the 57th: A bill to amend an Act providing a supplement to the compensation expenses and allowances of the judges of the superior court of the Stone Mountain Judicial Circuit, so as to change the amount of such supplement.
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 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 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.
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.
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 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.
HB 2153. By Representatives Smyre of the 92nd, Buck of the 95th, Taylor of the 94th, Harris of the 96th and Culbreth of the 97th: A bill to amend an Act creating the Muscogee County School District, so as to provide for the composition of the Muscogee County Board of Education.
HB 2148. By Representatives Sherrill of the 47th, Tolbert of the 58th, Alford of the 57th, Williams of the 48th, Teper of the 46th and others: A bill to amend an Act providing that each resident of the DeKalb County School District who is 65 years of age or over or disabled and whose net income

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does not exceed $15,000 per annum shall be granted an exemption, so as to pro vide a homestead exemption from certain DeKalb County School District ad valorem taxes for educational purposes.
HB 2178. By Representatives Smith of the 156th and Fennel of the 155th:
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 change the provi sions relating to audits.
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 1846. By Representatives Dobbs of the 74th, Banner 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 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.
The House has agreed to the Senate amendment to the following resolution 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.
The House has agreed to the Senate substitutes to 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 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

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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 2062. By Representative Barnett of the 10th: A bill to create and establish the Cumming-Forsyth County Charter Commission.
HB 1094. By Representatives Orr of the 9th, Jackson of the 9th and Lawson of the 9th: A bill to amend an Act to create and establish a civil service system in Hall County for employees of Hall County, so as to change the employees covered under such system.
HB 1577. 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 revising, superseding, and consolidating the laws pertain ing to the governing authority of DeKalb County and creating a chairman and board of commissioners of roads and revenues for DeKalb County, so as to pro vide for the new reapportioned districts.
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 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 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 2035. By Representatives Thomas of the 69th, Simpson of the 70th and Jones of the 71st: A bill to amend an Act creating the Board of Commissioners of Carroll County, so as to reapportion the commission districts.
HB 1769. By Representatives Perry of the 5th, Barnettt 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.

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HB 2161. By Representatives Dixon of the 128th, Hamilton of the 124th, Kingston of the 125th, Pelote of the 127th, Merritt of the 123rd and others:
A bill to amend an Act creating a new charter for the City of Garden City, so as to extend the present corporate limits of said municipality and annex and incor porate certain additional land to said municipality.
The House has adopted the report of the Committee of Conference on the following bills of the House and Senate:
SB 159. By Senators Olmstead of the 26th and Albert of the 23rd:
A bill to amend Chapter 11 of Title 43 of the Official Code of Georgia Annotated, relating to the Georgia Board of Dentistry and the licensed practice of dentistry, so as to change the penalty for the practice of dentistry without a license.
HB 1482. By Representatives Thomas of the 69th, Kilgore of the 42nd, Porter of the 119th, Hamilton of the 124th, Coleman of the 118th 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 exceptions; to provide for notice and a public hearing regarding a reorganization or consolida tion plan.
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.
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.
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.
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.
SB 410. By Senators Johnson of the 47th, Deal of the 49th, Garner of the 30th and others:
A bill to amend Part 1 of Article 4 of Chapter 12 of Title 45 of the Official Code of Georgia Annotated, relating to management of budgetary and financial affairs,

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so as to require the submission of certain five-year strategic plans by each budget unit in conjunction with budget estimates.
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.
SB 505. By Senators Broun of the 46th, Bowen of the 13th and Foster of the 50th:
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.
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.
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.
SB 155. By Senators Scott of the 36th, Foster of the 50th and Kidd of the 25th:
A bill to amend Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to students and school attendance, so as to change the maxi mum age at which a child is required to be enrolled in a public school, private school, or home study program; to change the provisions relating to exemptions from compulsory attendance; to provide for an effective date.
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.

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The House has adopted the report of the Committee of Conference on the following resolution of the House:

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.

The House has passed by the requisite constitutional majority the following bills of the Senate:

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.

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.

SB 867. 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; to repeal a specific law.

The House has agreed to the Senate substitute to the following bill of the House:

HB 2099. By Representative Hanner of the 131st:
A bill to amend an Act creating a board of commissioners of Clay County, so as to provide new commissioner districts.

The following report of the Committee on Enrolling and Journals was read by the Secretary:

Mr. President:

The Committee on Enrolling and Journals has read and examined the following Senate bills and resolutions and has instructed me to report the same back to the Senate as correct and ready for transmission to the Governor:

SB 174.

SB 689.

SB 679.

SB 708.

SB 627.

SB 726.

SB 670.

SB 720.

SB 681. SB 663.

SB 709. SB 61.

TUESDAY, MARCH 31, 1992

3575

SB 615. SB 690. SB 851. SB 856. SB 860. SB 864. SB 487. SB 495. SB 594. SB 598. SB 604. SB 622. SB 680. SB 92. SB 122. SB 166. SB 292. SB 319. SB 388. SB 445. SB 450. SB 468. SB 570. SB 685. SB 667. SB 712. SB 730. SB 763. SB 488. SB 523. SB 735. SB 831. SB 484. SB 460. SB 548. SB 677. SB 33. SB 173. SB 379. SB 384. SB 536. SB 564. SB 643.

SB 693. SB 724. SB 725. SB 793. SB 811. SB 820. SB 415. SB 489. SB 553. SB 575. SB 618. SB 673. SB 739. SB 794. SB 824. SR 180. SR 410. SR 414. SB 168. SB 343. SB 463. SB 555. SB 559. SB 568. SB 571. SB 576. SB 591. SB 607. SB 616. SB 623. SB 630. SB 637. SB 661. SB 662. SB 694. SB 713. SB 774. SB 823. SB 826. SB 861. SR 369. SR 377. SR 378.

3576
SR 379. SR 407. SR 417. SR 418. SR 477. SB 486. SB 672. SB 682. SB 691. SB 692. SB 790. SB 800. SB 801. SB 804. SB 813. SB 827. SB 832. SB 838. SB 858. SB 341. SB 475. SB 590. SB 593. SB 595. SB 284. SB 493. SB 522. SB 556. SB 563. SB 701. SB 703. SB 750. SB 785. SB 848. SB 496. SB 639. SB 731. SB 787. SB 825. SB 834. SB 108. SB 149. SB 473.

JOURNAL OF THE SENATE
SB 545. SB 546. SB 628. SB 769. SB 784. SB 862. SB 867. SR 248. SR 375. SR 431. SR 511. SB 119. SB 461. SB 465. SB 507. SB 524. SB 529. SB 533. SB 535. SB 554. SB 579. SB 660. SB 668. SB 614. SB 633. SB 683. SB 684. SB 728. SB 740. SB 758. SB 754. SB 770. SB 789. SB 859. SB 17. SB 47. SB 490. SB 505. SB 519. SB 599. SB 678. SB 747. SB 863.

TUESDAY, MARCH 31, 1992

3577

SR 358.

SB 819.

SR 363.

SB 850.

SR 366.

SB 855.

SR 380.

SB 865.

SR 381.

SR 485.

SR 408.

SB 155.

SR 474.

SB 520.

SR 510.

SB 543.

SB 81.

SB 585.

SB 159.

SB 588.

SB 164.

SB 601.

SB 255.

SB 617.

SB 317.

SB 644.

SB 334.

SB 723.

SB 410.

SB 738.

SB 474.

"

SB 741.

SB 552.

SB 742.

SB 587.

SB 743.

SB 602.

SB 748.

SB 631.

SB 751.

SB 646.

SB 791.

SB 699.

SB 792.

SB 762.

SB 795.

SB 773.

SB 796.

SB 802.

SB 797.

SB 806.

SB 798.

SB 807.

SB 799.

SB 808.

SB 805.

SB 809.

SB 866.

SB 818.

SR 486.

Respectfully submitted,
1st Waymond C. Huggins, Chairman Senator, District 53

Serving as doctor of the day today was Dr. Ralph Tillman of Norcross, Georgia.

The President announced at 12:01 o'clock A.M. that, pursuant to the Constitution of the State of Georgia, the Senate would stand adjourned sine die.

INDEX

3579

Senate Journal Index
1992 Regular Session

INDEX

3581

PART I

SENATE BILLS AND RESOLUTIONS

SB

1--Surrogate Parentage; void and unenforceable

contracts ......................................... No action in 1992

SB

2--Cruise Vessels as Gambling Places Operating on

Coastal Waters ................................... No action in 1992

SB

3--Coroners; autopsies; consent requirements; exception . . . . No action in 1992

SB

4--Campaign Contributions; limitations; candidates

for public office ................................... No action in 1992

SB

5--Multiyear Lease Purchase; local school systems;

voter approval .................................... . . . . No action in 1992

SB

6--Counties, Municipalities; multiyear lease purchase

contracts ......................................... No action in 1992

SB

7--AFDC Recipients of Public Assistance; school

attendance required ............................... No action in 1992

SB

8--AFDC Children; GIERA educational assistance,

trust program..................................... No action in 1992

SB

9--Concert Promoters; ticket advertisements; disclose

lip synched music ................................. . No action in 1992

SB 10--Water Service; unpaid charges; landlord or tenant

liability ......................... 77, 79, 97, 112, 113, 190, 198, 433,

484, 533, 566, 567, 1956, 2276, 2374, 2422, 2733

SB 11--Merchants; information required to cash a check;

restrictions ....................................... . . . . No action in 1992

SB 12--Public Assistance; recipient checks; banks required

to cash........................................... . No action in 1992

SB 14--Transportation; Department; contracts; bids;

disadvantaged business enterprises.................. . . . . No action in 1992

SB 15--Military Practice Maneuvers in Residential Areas;

notify residents ................................... ... No action in 1992

SB 16--Claims Against the State; compensation resolutions;

introduction ...................................... ... No action in 1992

SB 17--Public Safety Department; classification of certain

employees ........................................ ..... 3461, 3552, 3576

SB 18--Campaign Contributions; limitations; candidates for

public office ...................................... . . . . No action in 1992

SB 19--Child Support; amount computed net income; special

circumstances..................................... No action in 1992

SB 20--Campaign Contributions; political actions

committees; disclosure ............................. . . . . No action in 1992

SB 21--Snakes; poisonous reptiles; use in religious

services prohibited ................................ . . . . No action in 1992

SB 22--Campaign Literature, Materials; regulation of;

misleading endorsers .............................. No action in 1992

SB 23--State Employees; Political Activities; authority to

engage ........................................... . . . . No action in 1992

SB 24--State Employees; Classified Service; weekend

on-call time; payments ............................ . . . . No action in 1992

SB 25--Candidates; nomination by petition; procedures;

form, content ..................................... No action in 1992

3582

JOURNAL OF THE SENATE

SB 28--Insurers; notice of rate filings; newspaper

publication ........................................... No action in 1992

SB 29--Evidence; closed circuit TV testimony of child

victims ............................................... No action in 1992

SB 30--Environmental Protection Division; director;

appointment ......................................... No action in 1992

SB 31--University System; provide new full-tuition

scholarship program

No action in 1992

SB 32--Remedial Education Programs; expand services

certain grade levels.................................... No action in 1992

SB 33--Coroners; qualifications; age, training; death

investigations ........................................... 2225, 2754, 3575

SB 36--Georgia Poultry Products Inspection Act; enact

No action in 1992

SB 37--University System; provide new full-tuition

scholarship program ................................... No action in 1992

SB 38--GBI; investigation of local law enforcement

officers, agencies ...................................... No action in 1992

SB 40--Environmental Protection Division; director;

appointment

No action in 1992

SB 44--Counties; Tax Assessor Boards; elections; General

Assembly provide local Act ............................ No action in 1992

SB 45--Firearms; pistols, revolvers; applicants for

license; investigate .................................... No action in 1992

SB 47--Probate; judges; retirement; cost-of-living benefits .................................... 151, 172, 212, 213, 3563, 3576

SB 49--Fiscal Affairs Subcommittees of Senate; selection

of members........................................... No action in 1992

SB 50--Joint Legislative Commission on Future Strategies;

creation ....................................................... 77, 79

SB 51--Evidence; rules; new OCGA Title 24, extensive

revision .............................................. No action in 1992

SB 52--Alcoholic Beverages; open containers; possession

while driving ......................................... No action in 1992

SB 53--Peace Officers; reserve officers; authority to

carry firearms ........................................ No action in 1992

SB 55--Lobbyists; persons representing state agencies;

registration ........................................... No action in 1992

SB 56--Tax Executions; administration fee may include

attorneys' fees ........................................ No action in 1992

SB 59--GBI; scientific reports; drug test results;

admissible evidence ................................... No action in 1992

SB 60--Probate; judges; retirement; creditable service;

benefits; dues ......................................... 151, 172, 212, 217

SB 61--Probate; judges retirement fund; membership of

employees .................................. 151, 172, 212, 220, 3198, 3574

SB 62--Probate Court Judges; nonpartisan primaries and

elections; procedures .............................. No action in 1992

SB 65--Retail Grocery Stores; food product price labeling;

requirements ...................... .................. No action in 1992

SB 66--Insurance; offense of fraud; felony felony penalty ........ No action in 1992

SB 69--Veterans' Driver's Licenses; qualifications ............... No action in 1992

SB 70--Evidence; closed circuit TV testimony of child

victims ............................................... No action in 1992

SB 73--Property Subject Forfeiture Under Controlled

Substances Act ....................................... No action in 1992

INDEX

3583

SB 74--Public Safety Department; Law Enforcement Services, Training Academies; create new department, a commissioner; divisions and directors; "Super-Chief Bill"............... No action in 1992
SB 75--Driver's Licenses; applicant fingerprint information requirements .............................. No action in 1992
SB 78--Cobb County; Board of Commissioners; elections; districts; terms ....................................... No action in 1992
SB 79--Insurers; summary of financial condition and rate filing................................................. No action in 1992
SB 81--Driver's License; vision standards; special license plates .................................................. 3461, 3557, 3577
SB 84--Unsolicited Merchandise; prohibited actions ............. No action in 1992 SB 85--Grand Juries; volume of presentments requires
second grand jury ..................................... No action in 1992 SB 86--Charitable Grants by Counties of More than 550,000;
conditions ...................................................... 77, 79
SB 87--Medical Records; access by long-term care ombudsman programs ............................................. No action in 1992
SB 89--Racetracks or Speedways; vehicle exhaust; noise devices ............................................... No action in 1992
SB 90--Sandy Springs, City of; incorporation subject to a referendum ........................................... No action in 1992
SB 91--DUI; blood alcohol concentration level; lower to 0.05 grams ........................................... No action in 1992
SB 92--Teachers Retirement; eligibility; less than 30 years service .................................... 597, 677, 727, 1955, 3575
SB 102--Environmental Protection Division of DNR; director; appointment, salary; advisory council ................... No action in 1992
SB 104--At-Risk Children and Youth; services; goals; effectiveness measures ................................. No action in 1992
SB 105--Children and Youth Legislative Overview Committee; creation .............................................. No action in 1992
SB 106--State Employees; grievances; filing procedures ........... No action in 1992 SB 108--Teachers; early retirement; 30 years of service
basis ................................. 151, 172, 212, 229, 2998, 3011, 3576 SB 109--Employees' Retirement System; Creditable Service;
out-of-state teaching service............................ No action in 1992 SB 111--DUI; alcohol concentration level of 0.10 grams;
presumption .......................................... No action in 1992 SB 113--DUI; alcohol concentration level; lower presumptive
level ................................................. No action in 1992 SB 114--Controlled Substances; property forfeiture cases;
procedures ........................................... No action in 1992 SB 115--License Plates; staggered registration periods; early
registration ........................................... No action in 1992 SB 116--License Plates; Staggered Registration Periods;
deadlines; uniformity; alternatives ..................... No action in 1992 SB 117--Flags or Bunting; material flammability standards. ... No action in 1992 SB 118--Pistols, Revolver Sales; 7-day wait period; purchaser
records check ......................................... No action in 1992 SB 119--Counties; utility construction projects; acceptable
materials ......................... 2797, 2931, 2952, 2953, 2961, 3088, 3576 SB 121--Teachers; creditable service; certain graduate
study ........................................ 597, 677, 727, 774, 784, 788 SB 122--Peace Officers' Benefit Fund; purchasing prior service
credit ................................. 597, 677, 727, 774, 788, 2225, 3575

3584

JOURNAL OF THE SENATE

SB 124--Fulton County; Ad Valorem; millage rates;

determination; certification............................. No action in 1992

SB 125--Health Care Facilities, Hospitals; Certificate of

Need; abolition of the Health Planning Agency .......... No action in 1992

SB 127--Rockdale Judicial Circuit; additional judge; Rockdale

County............................................... No action in 1992

SB 128--Infectious Diseases or HIV infected; transferred

inmates; disclosure to receiving correctional

institutions ........................................... No action in 1992

SB 129--Atlanta, City of; Ordinances; contracts for criminal

justice facilities ...................................... No action in 1992

SB 131--Bad Checks; issuance for construction labor or material

debt ................................................. No action in 1992

SB 132--Architects, Landscapers, Engineers, Contractors;

intent to defraud; theft; conversion of payments for property

improvements ........................................ No action in 1992

SB 134--Motor Vehicles; uninsured vehicles removed by police;

proof of coverage ..................................... No action in 1992

SB 135--Reapportionment; Legislative, Congressional

Redistricting; procedures; public hearings

No action in 1992

SB 136--Reapportionment; Data, Materials Used Redistricting

Purposes; public access ................................ No action in 1992

SB 137--Reapportionment; Legislative, Congressional

Redistricting; procedures; plans, requirements, public access;

introduction as a bill; census geography ................. No action in 1992

SB 138--Reapportionment; Legislative, Congressional

Redistricting; population criteria, specifications, boundaries;

judicial review ........................................ No action in 1992

SB 139--Reapportionment; Legislative, Congressional

Redistricting; procedures; public hearings, records access; population

criteria; judicial review ................................ No action in 1992

SB 140--Gasoline Products Containing Alcohol; labeling of pump

dispensers ............................................ No action in 1992

SB 141--QBE; funds allotted local systems; calculation; minimum

annual increase ....................................... No action in 1992

SB 144--Georgia Distance Learning and Telemedicine Act;

enact .................................................. 1965, 1992, 2039

SB 146--Public Records Disclosure; exempt certain

internal investigatory records of law enforcement or

peace officers ......................................... No action in 1992

SB 147--Murder, Offense of; infliction of an injury and

resultant death ....................................... No action in 1992

SB 148--Teachers Retirement; membership; employees of Department of

Technical and Adult Education. ........................ 151, 173, 212, 233

SB 149--Superior Court Judges Retirement; creditable service; state court

judge or solicitor ...................... 151, 173, 212, 239, 1956, 2026, 3576

SB 150--Pistols, Handguns; regulate sales; purchaser criminal

history and mental health record check ................. No action in 1992

SB 151--Credit Cards; financial transaction card theft; offense

of taking ............................................. No action in 1992

SB 152--Billboards; outdoor advertising on state highways;

prohibit trimming ..................................... No action in 1992

SB 155--School Consolidations; filing petitions opposing plans;

procedure ......................... 142, 2773, 3391, 3445, 3560, 3573, 3577

SB 156--Alcoholic Beverages; possession open container in

vehicle; penalty ....................................... No action in 1992

INDEX

3585

SB 157--Habitual Violators; excessive speeding; points

assessment ....................................... No action in 1992

SB 159--Medical; surgery or invasive procedures by unlicensed

persons; impaired physicians program; provisional licenses, nonapproved

schools ...................... 1965, 2713, 2827, 2841, 2867, 3327, 3572, 3577

SB 164--County Jail Fund; manner in which money collected shall

be paid ................................................ 2999, 3308, 3577

SB 165--Public Officials; elected; ineligible employment for

certain period ........................................ No action in 1992

SB 166--Employees' Retirement; retirees; reestablishing spousal

options...................................... 1052, 1088, 1124, 2224, 3575

SB 168--Interior Designers; registration; certification;

licensure; permits ......................................... 548, 612, 3575

SB 170--Hospital Liens; claims; filing; time period

No action in 1992

SB 173--Airports; acquisition of property extraterritorially;

procedures ...................... 77, 79, 1118, 1196, 1214, 1742, 1789, 3575

SB 174--House of Representatives; change composition of

certain districts as reapportioned by 1992 HB 1340;

Act No. 672 ........................................... . 3032, 3060, 3574

SB 181--Cosmetologists; registration; renewal of certificates;

requirements ......................................... No action in 1992

SB 182--Fire Sprinkler System Required in Nursing Homes;

Medicaid providers .................................... No action in 1992

SB 185--Municipal Solid Waste Landfills; proximity ground-water

recharge area ......................................... No action in 1992

SB 187--Correctional Officers; service retirement allowance at

age 55 ............................................... No action in 1992

SB 190--Insurance; Health Plans; public school teachers,

employees, state employees ............................ No action in 1992

SB 191--Driver's License; suspension; failure to timely pay

traffic fines ........................................... No action in 1992

SB 193--University System; Admission, Graduation Requirements;

modify for disabled students

No action in 1992

SB 194--Midwifery; practice without certificate of authority;

penalty .............................................. No action in 1992

SB 198--Educational Reinvestment Act for Aid to Families with

Dependent Children ................................... No action in 1992

SB 199--Veterans' Driver's Licenses; qualifications ............... No action in 1992

SB 200--Counties; chief executive officer, members; salaries;

adjustments .......................................... No action in 1992

SB 203--Law Enforcement Officers and Agencies; Complaints

Against Officers; procedures; discipline; rights; review

.......... 77, 79

SB 204--Fulton County; Board of Education; property; contract

of conveyance; reversionary interest

No action in 1992

SB 205--Atlanta, City of; School Bonds; issuance without

referendum; repeal constitutional amendment............ No action in 1992

SB 206--Telephones; public pay phone; free emergency call to

fire or police.......................................... No action in 1992

SB 210--Child Custody; best interest of child criteria ............. No action in 1992

SB 211--Long-Term Care Facilities; violations; closure;

relocation of residents; receivership as alternative ........ No action in 1992

SB 215--Rivers From Which Drinking Water Drawn; prohibit

landfill within '/2 mile ................................. No action in 1992

SB 216--Education; Student Tutors Often Prevent Dropout (STOP)

Program ............................................. No action in 1992

SB 218--Interstate Highways; enforcement powers of municipal

officers ............................................... No action in 1992

3586

JOURNAL OF THE SENATE

SB 219--Cockfighting, Offense of; felony penalty; definition ... No action in 1992

SB 220--General Assembly; former members; issuance of

identification cards .................................... No action in 1992

SB 226--Fulton County; Board of Commissioners; chairman; terms

of office .............................................. No action in 1992

SB 227--Fulton County; Legal Defense of Indigent Persons; bail

bond fees to supplement............................... No action in 1992

SB 228--Mobile Homes; owners, parks, associations; practices,

procedures ........................................... No action in 1992

SB 231--Atlanta, City of; Board of Education; referendum

approving student uniforms ............................ No action in 1992

SB 232--Bail Bonds; posting of cash; evidence of legal source

for cash .............................................. No action in 1992

SB 233--Teacher Preparation Programs; requirements; subject

area course work ...................................... No action in 1992

SB 234--Medicaid; prescription drug prior authorization

requirements ......................................... No action in 1992

SB 236--Funerals and Funeral Establishments; Construction on

Property Dedicated for Cemetery Use

No action in 1992

SB 237--Fulton County; Sales of Copper Wiring Prohibited

Without Certain Clearance ............................. No action in 1992

SB 239--Elections; Campaigns; limitations on expenditures;

violations; penalty..................................... No action in 1992

SB 240--Landfills; disposal restrictions; household hazardous

waste, recylable wastepaper, yard trash, bottles, cans . . . . . No action in 1992

SB 242--Landfills; Disposal Facilities; "active CERCLIS

sites"; prohibited permits .............................. No action in 1992

SB 244--Air Transportation; create Georgia Airport Development

Authority ....................................................... 77, 79

SB 245--Employees' Retirement System; Creditable Service; age

55 with 10 years; Department of Corrections............. No action in 1992

SB 246--Superior Courts; Clerks; recording fees; criminal bond

forfeitures; exempt sheriffs ........................ 77, 80, 1179, 1388, 1392

SB 247--Motorcycle Riders, Passengers; protective headgear

requirements ......................................... No action in 1992

SB 248--Tobacco Products; Sales to or Purchase by Persons Under

Age 18 prohibited ..................................... No action in 1992

SB 249--Teachers Retirement; Alternative Service Retirement

Allowance at 55 years of Age........................... No action in 1992

SB 250--Fulton County; Board of Commissioners; chairman,

members; compensation .......................................... 77, 80

SB 251--Tobacco Products; Regulate Use, Nonuse in Public

Places; smoking and nonsmoking areas; prohibit discriminatory

employment practices ................................. No action in 1992

SB 253--Atlanta, City of; Councilmembers; duties; deposits of

unexpended public funds .............................. No action in 1992

SB 255--Offense of Simple Battery Against Law Enforcement

Officers, Dogs ........................................... 3241, 3375, 3577

SB 256--Tobacco Products; Lawful and Unlawful Use; prohibited

transactions relative to cigarettes and tobacco............ 1051, 1088, 1124,

1130, 1168, 1169, 1196, 1562, 1564, 3057, 3090

SB 259--Insurance; Health; maternity benefits; infertility

treatment, in vitro fertilization coverage................. No action in 1992

SB 260--Juvenile Proceedings; delinquency or deprivation;

hearings, records, files; public inspection, disclosure

conditions ........................................ 1220, 3032, 3245, 3294

INDEX

3587

SB 261--Atlanta, City of; Public Events $1.00 Admission Tax; authorize imposition................................... No action in 1992
SB 262--Superior Court; judges; elected in single-member districts .............................................. No action in 1992
SB 263--Superior Court; judges; repeal election, provide for appointment.......................................... No action in 1992
SB 264--Superior Court; judges; revise election method; number of judgeships each circuit; conditioned upon ratified constitutional amendment .......................................... No action in 1992
SB 265--Cruise Ships, Passenger Vessels; Licensed Sale of alcoholic beverages authorized .............................. 77, 78, 79, 86
SB 266--Teachers Retirement; creditable service; private school teaching.............................................. No action in 1992
SB 268--Biomedical Waste; thermal treatment facilities; permit limitations. ........................................... No action in 1992
SB 269--Technology Related Assistance for Individuals with Disabilities Act; enact; establish state commission, trust fund for loans................................................. No action in 1992
SB 270--Fulton County; Board of Commissioners; new landfill site selection; actions restricted......................... No action in 1992
SB 271--Timber Revenue Fund; create to fund public hunting, fishing areas ..................................................... 77, 80
SB 273--DUI; persons convicted multiple times; punishment .......................................... No action in 1992
SB 274--Driver's License; suspension periods;; habitual violators; plea of nolo contendere; penalties; reinstatement conditions ............................................ No action in 1992
SB 275--DUI; blood alcohol concentration level; lower to 0.10%; presumption .......................................... No action in 1992
SB 276--Motor Vehicles and Traffic; Habitual Violators; redefine; multiple arrests within certain period........... No action in 1992
SB 277--Driver's License; suspension; 2nd conviction; reinstatement period .................................. No action in 1992
SB 278--Driver's License; Suspension; failure to pay fines within imposed time limit ............................. No action in 1992
SB 280--Ad Valorem Tax; Exemption; armed forces veterans post headquarters; statewide referendum................................ 77, 80
SB 284--Ambulances, First Responders, Neonatal Service Providers; issuance of certain drugs, controlled substances by pharmacies ............................................. 2812, 3086, 3576
SB 285--Privileged Communications; investigative reports; defense to libel ....................................... No action in 1992
SB 286--Railroads; Grade Crossing Elimination; division of costs; shared parties ................................... No action in 1992
SB 287--Horses; equine activities; shows, fairs, competitions, boarding; injury risks; notices; liability; immunity ............................................ No action in 1992
SB 288--District Attorneys; Emeritus; delete retirement restriction on practicing private law .................... No action in 1992
SB 290--Driver's License; Suspension; controlled substance or marijuana possession; time period ...................... No action in 1992
SB 291--Office Hours for Probate Court Judges, County Tax Officials .............................................. No action in 1992
SB 292--Health Care Insurers; preferred providers; coinsurance percentages; routine physical exams........... 150, 173, 212, 245, 1955, 3575
SB 294--Hospital Authorities; area of operation; expand other city, county .......................................... No action in 1992

3588

JOURNAL OF THE SENATE

SB 295--Judicial Nominating Commission; provide for; recommend candidates............................................ No action in 1992
SB 296--Firefighters' Bill of Rights; allegations; interrogation; inquiry ................................ 77, 80
SB 297--Telephone Companies; unlawful disclosure customer's personal records ...................................... No action in 1992
SB 301--Stone Mountain Judicial Circuit; Superior Court; tenth judgeship; DeKalb County ............................. No action in 1992
SB 302--Death Investigations; autopsy; tissues retained for additional study ...................................... No action in 1992
SB 303--Deprived Children; placement in foster care; periodic case reviews .......................................... No action in 1992
SB 304--Indigent Defense; local programs; bail bondsmen fees to finance ............................................... No action in 1992
SB 305--Civil Actions; Actions Behalf of Injured Minor Child; period of limitation ................................... No action in 1992
SB 306--Elections; Candidates Receiving Plurality of Votes Cast; nomination or election ........................... No action in 1992
SB 307--Auto Rental Companies; require vehicle registration, licensing ................^ ......................... ... No action in 1992
SB 308--Surety Bonds; Forfeiture; principal failure to appear court; conditions not warrant........................... No action in 1992
SB 310--Attorneys; Civil Practice; continuances; absence of counsel serving General Assembly ...................... No action in 1992
SB 314--Brunswick Judicial Circuit; superior court; fifth judgeship............................................. No action in 1992
SB 315--Deprived Children; placement in foster care; periodic case review ........................................... No action in 1992
SB 316--Fulton County; Superior Court; clerks; revise fees for services; disposition .............................................. 77, 80
SB 317--Fulton County; Superior Court; clerks; fees; domestic civil cases .............................................. 2398, 3318, 3577
SB 318--Fulton County; Superior Court; clerks; fees; 1990 population classification ............................... No action in 1992
SB 319--Catered Functions; licensing of alcoholic beverage caterers ........ 77, 81, 1050, 1196, 1250, 1337, 1348, 1353, 1388, 1392, 2224, 3575
SB 320--Trade Secrets; theft; offense of misappropriation defined; penalty....................................... No action in 1992
SB 322--Death Investigations; autopsies; limited dissection; suspicious deaths, report of persons admitted hospitals unconscious state ................................................. No action in 1992
SB 326--Banking and Finance; Interest; collectable interest rate on judgments..................................... No action in 1992
SB 330--Sex Education; prescribed courses to prevent pregnancy, disease ............................................... No action in 1992
SB 331--Cobb County; Board of Education; employee deductions; dues checkoff services ................................. No action in 1992
SB 333--Taxidermists; licensing requirements; create state examining board ...................................... No action in 1992
SB 334--Griffin Judicial Circuit; superior court; fourth judgeship.................................................... 3567, 3577
SB 336--Pawnshop Transactions; vehicle storage fees ............. No action in 1992
SB 337--Probate Courts; Judges Retirement Fund; eligibility; age 55 with 10 years of service ......................... 151, 173, 212, 246
SB 339--Removal Improperly Parked Cars; liens for storage fees; foreclosure ........................................... No action in 1992

INDEX

3589

SB 340--Employees' Retirement System; Creditable Service; forfeited leave; conditions .............................. No action in 1992
SB 341--Peace Officers' Benefit Fund; membership; 16 years of service ..................................... 289, 429, 484, 536, 1955, 3576
SB 343--Putnam County; State Court; judge, solicitor, assistants; insurance, compensation .................... 152, 154, 809, 3575
SB 344--State Courts of Counties; jurisdiction over city judicial matters ....................................... No action in 1992
SB 345--Public Records; access to; reproductions; per page copying fees .......................................... No action in 1992
SB 350--Motor Vehicle Theft; punishment; incarceration inmate boot camp unit ....................................... No action in 1992
SB 351--License Plates; Special; U.S. armed forces active duty members or retirees ................................... No action in 1992
SB 353--Vehicle Tent or Auction Sales; contracts; cancellation procedures ..................................................... 77, 81
SB 354--Death Certificates; medical certification within 48 hours ................................................ No action in 1992
SB 355--Human Resources; Department; reorganization; create Children, Youth and Family Services Department; transfer certain duties ................................................ No action in 1992
SB 356--Income Tax; Deduction; physicians rendering indigent prenatal health care services ........................... No action in 1992
SB 358--Cobb County; State Court; additional judge to the second division ....................................... No action in 1992
SB 360--Child Support; Orders; impaired health care, postsecondary education assistance ..................... 772, 819, 892, 893
SB 363--Workers' Compensation; Recovery of Damages in Third Party Proceedings; subrogation rights of employers; attorney's fees .................................................. No action in 1992
SB 364--Blue Ridge Judicial Circuit; superior court; third judgeship............................................. No action in 1992
SB 365--Emergency Medical Services; EMS Technicians, Paramedics; recertification standards.................... No action in 1992
SB 369--Telephone Companies; local exchange service; county-wide calling.................................... No action in 1992
SB 371--Cobb Judicial Circuit; Superior Court; judges; salary supplement........................................... No action in 1992
SB 372--Insurance; Premium Taxes; fund street, road improvements unincorporated areas ..................... No action in 1992
SB 377--Public Service Commission; enforcement personnel; indemnification .................................................. 77, 81
SB 378--Juvenile Justice Services; subsidies; community based services for commitment of juveniles ........................... No action in 1992
SB 379--GeorgiaNet Authority; publication of the Georgia Register ................................................ 2225, 2755, 3575
SB 380--Child Support; Orders; education financial assistance to age 21; award factors ............................... No action in 1992
SB 381--Water Pollutants; phosphorus discharge limitation; Chattahoochee River .................................. No action in 1992
SB 383--Felony Trials; juries; equal number of peremptory challenges .................................... 676, 721, 775, 824, 828, 848
SB 384--Polk County; Superior Court Clerk; additional compensation ........................................... 2665, 2742, 3575
SB 387--World Congress Center; property, contract events; prohibited conduct; police, security, powers; employee records check ........................................................... 77, 81

3590

JOURNAL OF THE SENATE

SB 388--Bailable Offenses Only Before Superior Court; alleged

kidnapping, arson, aggravated assault, burglary ........ ....... 1955, 3575

SB 390--Insurance; Unfair Business Practices; unapproved

direct response advertising; noncarry over calendar year

deductible .......................................... No action in 1992

SB 391--Insurance; Life; death benefits; premiums due for

policy; unfair practices .............................. No action in 1992

SB 392--Insurance; actions filed against unauthorized

insurers ........................................... No action in 1992

SB 393--Insurance; Accident and Sickness; policies;

cancellation or nonrenewal notices .................... No action in 1992

SB 394--Divorce Petitions; content of statement; include

birthdates ......................................... No action in 1992

SB 395--Seat Safety Belts; Offense of Failure to Wear; persons

also charged vehicle violation ....................... No action in 1992

SB 397--Fulton County; Board of Ethics; subpoena powers;

enforcement ....................................... No action in 1992

SB 400--Toll Road Collection Facility; locating near

residential property ................................

1178, 1239

SB 408--Commercial Solicitation; telephone orders for printed

materials; promotional giveaways or contests

redefined .......................................... No action in 1992

SB 409--Electrolysis, Practice of; regulation of; create

advisory board ..................................... No action in 1992

SB 410--Financial Affairs; create legislative fiscal

oversignt committee to review each budget unit; require submit five-year

plans ....................... 3183, 3322, 3376, 3377, 3395, 3417, 3572, 3577

SB 411--Education; High School General Programs; funding not

authorized after certain date ........................... No action in 1992

SB 412--Georgia Teacher of the Year; increase in state

salary ................................................ No action in 1992

SB 413--Gwinnett County; Governing Authority; reorganization;

elect chairman county wide; 7-member commissioner districts; powers;

duties ................................................ No action in 1992

SB 415--Georgia Tort Claims Act; state officers, employees

liability for good faith performance; waiver of sovereign immunity;

limitations ........................... 675, 727, 774, 793, 2732, 2924, 3575

SB 417--Education; Postsecondary; high school students; early

enrollment; grants; eligible institutions; payment of certain

AP tests ................................................. 548, 618, 1737

SB 418--Education; Strategic Planning, Office of; create; local

and regional plans .................................... No action in 1992

SB 420--Public Service Commission; submitted proprietary

confidential information; trade secrets; protective

orders................................................ No action in 1992

SB 421--Criminal Procedure; Plea of Mental Incompetency Time of

Crime; redefine mentally retarded ...................... No action in 1992

SB 422--AFDC Families; services; demonstration family resource centers

77, 81

SB 423--Civil Practice; Default Judgments; time period for

filing and serving the answer .......................... No action in 1992

SB 424--At-Risk Children; county services; property tax levy;

special fund ......................................... No action in 1992

SB 425--Teachers, Principals, Other Certificated Personnel;

employment; procedures; fingerprint and criminal records

check ............................................... No action in 1992

SB 426--State Government; Executive Fellows Program;

establishment........................................ No action in 1992

INDEX

3591

SB 427--Archery Season for Hunting Deer; use of crossbows ...... No action in 1992

SB 429--Youth Development Centers; Implement Education,

Rehabilitation Goals; center improvement plans..................... 77, 82

SB 430--At-Risk Children and Youth; resources; decategorize program;

create community innovation zones; reduce YDC placements

77, 82

SB 431--Judicial Sales; legal advertisements; which newspaper advertises ...... 77, 82

SB 432--Public Service Commission; Trucks; household goods,

commodity carriers; rate regulations .................... No action in 1992

SB 433--Minority Educator Recruitment, Office of; creation

No action in 1992

SB 434--Delinquent or Unruly Children; treatment and

placement; parties who may provide information; petitions;

hearing .............................................. No action in 1992

SB 435--Fulton County; Project Financing Community Improvement

Districts Act; enact.................................... No action in 1992

SB 436--Cobb County; Board of Commissioners; chairman as

chief executive officer; powers, duties; assistant; Department of Finance,

comptroller requirements .............................. No action in 1992

SB 438--Drug Trafficking; controlled substances or illegal

drugs; no pardon, no parole for persons convicted

No action in 1992

SB 439--Drug Trafficking; cocaine, illegal drugs, marijuana;

felony conviction; mandatory term of imprisonment, no furloughed

sentence ............................................. No action in 1992

SB 440--Ad Valorem Tax; homestead exemption; leased property

improvement ......................................... No action in 1992

SB 441--Superior Courts; Clerks; salary; additional for

services in other courts ................................ No action in 1992

SB 444--State Employees; Health Benefit Plan; inclusion of employees

of nonprofit mental retardation service centers........... No action in 1992

SB 445--Employees' Retirement System; Creditable Service;

Judicial Council of Georgia employees .................. 151, 173, 212, 264,

265, 1956, 3575

SB 447--Employees' Retirement System; Creditable Service;

legislative part-time service prior full-time

employment ............................. 151, 173, 212, 264, 269, 275, 282,

292, 433, 440, 1750

SB 448--Cobb County; Sheriff; chief deputy, investigator,

executive assistant; salary.............................. No action in 1992

SB 450--Clayton County Community Improvement Districts Act ......... 1954, 3575

SB 451--South Fulton County, City of; incorporation,

boundaries, powers .................................... No action in 1992

SB 452--North Fulton County, City of; incorporation,

boundaries, powers .................................... No action in 1992

SB 453--Fulton County; Ad Valorem Tax; Property Tax Recall Act

of 1991............................................... No action in 1992

SB 455--Atlanta, City of; Municipal Bonds; proceeds; finance

emergency home repair loans........................... No action in 1992

SB 456--Clayton County; Tax Commissioner, Deputy;

.

compensation ......................................... No action in 1992

SB 457--Roswell, City of; corporate limits; change ................ No action in 1992

SB 458--Campaign Contributions; prohibitions; persons regulated

by Agriculture Department ..................... 70, 675, 721, 775, 824, 829

SB 459--Drug Testing; state employees in high risk jobs; rules,

policies ................................................ 70, 97, 111, 140

SB 460--Fairs, Festivals; Nonprofit Food Sales and Service;

permits; requirements ............... 70, 110, 126, 155, 190, 198, 212, 2225,

2308, 3031, 3575

3592

JOURNAL OF THE SENATE

SB 461--Georgia Military College; board of trustees;

composition; terms .................. 70, 429, 471, 567, 605, 667, 2225, 3576

SB 462--Clinical Laboratory Services; regulate billing, excess charges............. 70

SB 463--Speech-Language Pathology; supervised aides; scope of

practice ............................ 70, 97, 111, 140, 141, 2797, 2993, 3575

SB 464--Therapeutic Recreation, Practice of;

licensure ...................................... 71, 596, 677, 727, 775, 800

SB 465--State Hospital Employees; retirees; exempt medical care

costs ................................... 71, 288, 430, 484, 540, 3198, 3576

SB 466--Bankruptcy Proceedings; notice to creditors prior to commencing

71

SB 467--Bankruptcy Proceedings; when attorneys deemed

investment advisor ............................. 71, 428, 471, 567, 605, 668

SB 468--Physician's Assistants Advisory Committee to State

Board; expenses. ....... ............ 71, 927, 1053, 1094, 1095, 2871, 3575

SB 469--Physician's Assistant; membership; Composite State

Board of Medical Examiners

71

SB 470--Presidential Preference Primary; date; first Tuesday in

March ............................................ 71, 97, 111, 140, 143

SB 471--Chaplains; reinstate or create positions under Merit

System............................................ 72, 288, 430, 484, 543

SB 472--Bankruptcy; attorneys advertising debt relief services; regulate

72

SB 473--Criminal Procedure; search warrants; plea of insanity

defense ......................... 72, 151, 173, 212, 264, 275, 292, 433, 438,

2998, 3245, 3576

SB 474--Watercraft and Certain Vessels; requirements for

operation.......................... 72, 151, 174, 212, 264, 275, 2226, 2314,

3295, 3568, 3577

SB 475--Lottery Materials, Equipment; manufactured for use

outside state................................. 72, 110, 126, 155, 1955, 3576

SB 476--State Employees; Injuries Incurred in Line-of-Duty;

compensation; eligibility ............................................. 72

SB 477--School-based Health Care Clinics; authority to establish

73

SB 478--DUI; eliminate plea of nolo contendere in drunk driving

cases.............................................. 73, 288, 430, 484, 545

SB 479--Divorce Cases; judgments; court render without jury verdict............. 73

SB 480--Public Officials; monetary honorariums;

prohibitions .............................. 73, 1087, 1119, 1196, 1216, 1219

SB 481--Campaign Contributions; made or accepted; time period limitation

73

SB 482--Public Officers; employment of relatives prohibited;

exception...................................... 73, 1087, 1119, 1195, 1205

SB 483--Campaign Contributions; limit disposition of unused funds

74

SB 484--Public Schools; accreditation; evaluation procedures;

exemption ......................... 74, 259, 289, 433, 440, 2732, 2860, 3575

SB 485--Vehicle Emission Inspection; certain counties; regulatory agencies

92

SB 486--State Courts; judges; residency qualifications

92, 151, 174,

212, 264, 276, 3563, 3576

SB 487--Habitual Violators; felony offense of habitual

impaired driving; offense of endangering a child; penalties

92, 151,

174, 212, 264, 276, 2666, 2760, 3575

SB 488--Education; Capital Outlay Funding; consolidation or

reorganization plans; procedures; qualifying projects; performance awards;

defeated referenda ................ 92, 259, 290, 433, 443, 2225, 2423, 2828,

2866, 3145, 3205, 3575

SB 489--Driver's License; DUI violations; suspension;

reinstatement ..................... 93, 151, 174, 212, 264, 277, 2828, 2977,

3361, 3383, 3399, 3426, 3572, 3575

INDEX

3593

SB 490--Cemeteries; minimum size; exemption; counties less than

10,000 ................................. 93, 210, 260, 292, 293, 3564, 3576

SB 491--Limitation of Actions; actions barred by other state or

country ........................................... 93, 210, 260, 292, 294

SB 492--Children and Youth Coordinating Council; inspect court

records........................................ 93, 289, 430, 484, 566, 569

SB 493--Public Safety Department; uniform personnel; use of

equipment ............................. 93, 556, 598, 681, 687, 1955, 3576

SB 494--Vehicles Fleeing or Attempting to Elude Police; change

penalty ............................................................ 93

SB 495--Marriage Ceremonies; gratuities for judges who

perform ........................... 93, 111, 126, 155, 156, 2031, 2313, 3575

SB 496--Civil Cases; fees for sheriffs services; clerks'

recording fees.................. 94, 150, 174, 212, 264, 279, 3003, 3073, 3576

SB 497--Arrest of Persons; jurisdiction; transfer where offense occurred

94

SB 498--Liens; contracts, improve residential property; persons entitled

94

SB 499--Emergency Responders; use of private vehicles in emergencies

94

SB 500--Public Safety Department; change duties, responsibilities . .... 94, 1179, 1239

SB 501--Columbia County; School Superintendent; nonpartisan

elections; referendum ........................................ 94, 152, 154

SB 502--Ad Valorem Tax; assessment; notice of criteria used to compute

94

SB 503--Correctional Institutions; employment of full-time

chaplains ...................................... 95, 1238, 1330, 1387, 1390

SB 504--Juries; qualifications; able communicate in English

language ...................................... 95, 151, 174, 212, 264, 280

SB 505--Motor Vehicles and Traffic; Code Revision; licenses;

titles; plates; equipment; ID cards; DUI clinics; habitual violators;

special fees ......... 95, 556, 598, 681, 688, 3241, 3337, 3395,

3404, 3446, 3482, 3573, 3576

SB 506--Public Schools; accreditation; evaluation procedures; exemption

95

SB 507--Public Schools; enrollment eligibility; social security

number ................................ 95, 259, 290, 433, 444, 2224, 3576

SB 508--License Plates and Decals; reflective material specifications

95

SB 509--Factory Built Homes; standards; Manufactured Home

Recovery Fund ..................................................... 96

SB 510--Executive, Judicial, Legislative Branches; furlough

days .......................................... 96, 1609, 1697, 1852, 1879

SB 511--Local School Systems; audit report; public records inspection

96

SB 512--State Housing Trust Fund for Homeless Commission;

members; powers.................................. 108, 125, 152, 190, 191

SB 513--Housing and Finance Authority; loans; low-income

housing credits ................................... 108, 125, 152, 190, 192

SB 514--QBE; calculation; local fair share; per capita income

multiplier ........................................ 108, 719, 772, 824, 845

SB 515--Legal Advertising; county official organ of

publication ................................... 108, 597, 677, 727, 775, 807

SB 516--DUI; plea of nolo contendere; restrictions on

acceptance ....................................... 108, 210, 260, 292, 295

SB 517--Civil Actions; trial in state courts; damage claims;

jury panels ....................................... 108, 818, 885, 940, 941

SB 518--Civil Filings; impose fee for judicial education and

training ...................................... 108, 470, 556, 605, 681, 682

SB 519--Agricultural Product Dealers; bond requirements;

definition ............................. 109, 125, 152, 190, 192, 3564, 3576

SB 520--Agricultural Operations, Farm Products, Crops;

definition; equines ................ 109, 125, 152, 190, 193, 3405, 3411, 3577

3594

JOURNAL OF THE SENATE

SB 521--Liming Materials Act of 1992; registration; licenses;

labels ............................... 109, 125, 152, 190, 194, 596, 681, 690

SB 522--Georgia Safe Dams Act of 1978; violations; filing final

orders ............................ 109, 151, 174, 212, 264, 280, 2043, 3576

SB 523--Surface Mining; operator permits; land use plans;

reclamation............. 109, 1556, 1613, 1708, 1714, 3003, 3150, 3395, 3575

SB 524--Fines; additional in DUI cases for Crime Victims

Emergency Fund ....................... 109, 210, 260, 292, 295, 1955, 3576

SB 525--DUI; prosecution; defendant's request for trial by

jury.............................................. 110, 210, 260, 292, 296

SB 526--Theft by Extortion Against Elderly Persons;

punishment .................................. 120, 289, 430, 484, 566, 570

SB 527--Rezoning Applicants; campaign contribution disclosure;

time limit ............................... 120, 675, 721, 775, 824, 830, 892

SB 528--DUI; chemical tests for evidence of alcohol or drugs

in blood.......................................... 120, 211, 260, 292, 298

SB 529--Trial Judges and Solicitors Fund; members over age 70

in office ........................... 121, 289, 430, 484, 566, 571, 2043, 3576

SB 530--Bad Check Complaints; processing; district attorneys, solicitors

121

SB 531--Criminal Procedure; bail bonds; accused bound over another court

121

SB 532--Mental Illness; inpatient treatment; gravely disabled persons

121

SB 533--Students; attendance in school system where parents

employed.............................. 121, 429, 471, 567, 583, 2224, 3576

SB 534--State Agencies; rules; proposed or amended;

requirements ................................. 121, 288, 430, 484, 566, 572

SB 535--Regulatory Licensing Agencies of Professions,

Businesses, Trades; performance review ............. 121, 288, 431, 484, 566,

573, 575, 2042, 3576

SB 536--Real Estate Appraiser Classification and Regulation

Act; enact ........................ 122, 259, 290, 433, 444, 1422, 1469, 3575

SB 537--QBE; calculation; change local fair share, equalization

grants............................................ 122, 596, 677, 727, 732

SB 538--QBE; funding elementary, secondary schools; base size

not factor ........................................................ 122

SB 539--Tax Commissioners, Collectors, Appraisers; change

duties; oath ...................................... 147, 259, 290, 433, 446

SB 540--Vehicle Loads; exceeding allowable weight; schedule of fines ........... 147

SB 541--State Agencies; retired employees performing consultant

services ...................................... 148, 288, 431, 484, 566, 575

SB 542--Child Custody Cases; appeal procedures;

applications ...................................... 148, 210, 261, 292, 299

SB 543--Georgia Prescribed Burning Act; enact .............. 148, 429, 421, 567, 583,

2005, 2215, 2259, 2300, 2375, 2775, 3204, 3577

SB 544--Georgia Airport Development Authority Law; provide;

corporate purposes ................................................. 148

SB 545--Indigent Defense in Capital Cases; multicounty public

defender ............... 148, 676, 721, 775, 824, 831, 2812, 2903, 3004, 3576

SB 546--Judges; retirees of superior and state; county

supplement....................... 148, 818, 886, 940, 942, 2226, 2975, 3576

SB 547--Private Residences; physical access for handicapped persons

166

SB 548--Fulton County; Magistrate Court; two additional

magistrates ...................................... 166, 471, 474, 878, 3575

SB 549--Alcoholic Beverages; sales on election days; polling

places................................... 166, 596, 677, 727, 775, 823, 825

SB 550--Speed Detection Devices; use of radar devices on

hills .............................. 166, 556, 598, 681, 699, 940, 1060, 1069

SB 551--Speed Detection Devices; traffic engineering permit applications

166

INDEX

3595

SB 552--Veterans' Employment Preference; certain Gulf War

active duty ........................ 167, 288, 431, 485, 566, 576, 2871, 3577

SB 553--County Constitutional Officers; minimum annual

salaries. ....................... 167, 555, 598, 681, 699, 825, 862, 3198, 3575

SB 554--Probate Courts; Chief Clerk; performing duties as

judge; compensation ................ 167, 1179, 1240, 1388, 1412, 2042, 3576

SB 555--Veterans' Driver's Licenses; redefine persons

eligible ................................ 167, 209, 261, 292, 299, 2717, 3575

SB 556--Counties; purchases over $5,000; public letting and

bids ........................................... 167, 471, 474, 1889, 3576

SB 557--Motor Vehicle Licenses; nonissuance for unpaid parking tickets

167

SB 558--State Employees; classified service; breaks during 8

hour shift .................................... 168, 288, 431, 485, 566, 577

SB 559--DeKalb County; Board of Ethics; expand jurisdiction;

sanctions; referendum ........................... 168, 260, 263, 2397, 3575

SB 560--Employment Security Law; contributions; extended

benefits; aliens ......................... 168, 259, 290, 433, 449, 1605, 1667

SB 561--Personal Care Homes; licensing; applicant's fitness to

operate .......................................... 168, 719, 772, 824, 847

SB 562--Hospital Authorities; contracts; construction, purchasing methods

168

SB 563--School Property, Vehicles; weapons or explosives

prohibited

168, 429, 472, 567, 586, 2838, 2969, 3576

SB 564--Medicare Supplement Insurance; regulation of; policies,

marketing ........................ 168, 259, 290, 433, 451, 2225, 2779, 3575

SB 565--Paternity; determination; written statement of

parents .......................................... 169, 818, 886, 940, 943

SB 566--Senatorial Districts; reapportion; change

composition

169, 210, 261, 292, 300, 361, 432, 433,

437, 919, 1042

SB 567--Senatorial Districts; reapportion; change

composition ..................... 169, 210, 261, 292, 361, 1549, 1586, 2284,

2314, 2407, 2459, 2662, 2869

SB 568--License Plates; disabled veterans; joint ownership with

spouse

... 203, 885, 928, 1060, 1064, 2666, 3575

SB 569--Forfeitures Under Controlled Substances Act; use of

proceeds ..................................... 204, 1610, 1697, 1764, 1780

SB 570--Cherokee County; Water and Sewer Authority; scheduled

meetings .................................... 204, 471, 474, 812, 848, 3575

SB 571--School Media Centers; funding of computer hardware,

software............................... 204, 429, 472, 567, 588, 2667, 3575

SB 572--Family Violence; investigations; determining primary

aggressor ................................ 204, 1051, 1088, 1124, 1388, 1413

SB 573--Hunting on Land of Another Without Permission; charges;

dismissal .......................................................... 204

SB 574--Murray County; Board of Commissioners; election

districts; reapportion ............................. 204, 471, 474, 921, 1042

SB 575--Murray County; Deputy Coroner; compensation

205, 471, 475, 809, 3575

SB 576--Murray County; School Superintendent; provide for

appointment; referendum

...

205, 471, 475, 810, 3575

SB 577--Cobb County; Board of Commissioners; election

districts; reapportion ................................. 205, 471, 475, 1688

SB 578--Municipal Elections; notice of intention of candidacy;

filing............................................. 205, 555, 598, 681, 699

SB 579--Driver's License; restored upon completion of approved

courses.............................. 205, 884, 928, 1059, 1062, 3197, 3576

SB 580--Radio Utilities; combined newly formed service area;

PSC powers ........................................ ............... 205

3596

JOURNAL OF THE SENATE

SB 581--Telephone Area Codes; prohibit dividing certain counties .............. 205

SB 582--Debt Relief, Bankruptcy Services; regulate advertising

terms used ................................... 206, 288, 431, 485, 566, 578

SB 583--Development Authorities; projects; rehabilitation of land ............... 206

SB 584--Property; foreclosure sales; affidavits recorded with deed ............... 206

SB 585--Housing Authorities; voting members; counties of

550,000 or more...................... 206, 677, 721, 1058, 1891, 2032, 3577

SB 586--Certificate of Need; state agency decisions; multiple

petitions ......................................... 206, 719, 772, 824, 849

SB 587--Community Education Program; grants; capital outlay

funds, approved uses; financing facility construction ............... 206, 429,

472, 567, 589, 3405, 3420, 3577

SB 588--Public Records Used Commercial Solicitation; access

limitations, ................... 206, 1116, 1180, 1249, 1250, 3312, 3362, 3577

SB 589--Persons Employed Where Alcohol Dispensed; prohibited

conduct ...................................................... 207, 1333

SB 590--Governor's Development Council; membership; powers;

duties............................. 207, 471, 557, 605, 681, 684, 2667, 3576

SB 591--Local School Systems; discretion in payroll deduction

services ............................... 207, 719, 772, 824, 851, 2666, 3575

SB 592--Drug Trafficking; penalty; recreation or residential

areas ............................................ 207, 556, 599, 681, 700

SB 593--Drug Trafficking; using persons under age 17; felony

penalty ............................... 207, 556, 599, 681, 703, 2224, 3576

SB 594--Sex Offenses; evidence; DNA analysis of blood

samples ............................... 207, 597, 678, 727, 735, 2666, 3575

SB 595--Georgia Emergency Management Agency; separate agency

created............................. 208, 926, 1053, 1094, 1098, 2042, 3576

SB 596--DUI; second conviction; conditions for return of

license; fees ...................... 208, 556, 599, 682, 704

SB 597--Government Service; Georgia Ethics in Government Act of 1992 ........ 208

SB 598--Contact Lenses; sell or dispense; license;

restrictions; duties ................ 253, 719, 772, 824, 852, 3377, 3387, 3575

SB 599--Nurses; licensed practical nurses; scope of practice;

sanctions .................... 253, 771, 819, 892, 895, 3447, 3481, 3576

SB 600--Housing and Finance Authority; expand powers to finance

projects ............................ 253, 927, 1053, 1094, 1124, 1195, 1196

SB 601--Birth Certificates; adoptees born outside state,

legitimation ........................... 253, 555, 599, 682, 705, 3197, 3577

SB 602--Rabies Control; inoculation of felines; procedures;

certificates .................... 253, 597, 678, 727, 775, 823, 826, 3563, 3577

SB 603--Health Care Insurance; minimum coverage under model

basic plan ........................................ 253, 555, 599, 682, 706

SB 604--Open Meetings, Records; disclosure; amend

requirements

254, 884, 928, 1060, 1068, 2407, 2745, 2871, 3575

SB 605--Living Wills; patient in coma or vegetative state;

form; effect....................................... 254, 772, 819, 892, 908

SB 606--Durable Agency for Health Care; change name, statutory form

254

SB 607--Ad Valorem; preferential assessment; qualifying

historic areas ....................... 254, 927, 1053, 1094, 1100, 2667, 3575

SB 608--Counties, Municipalities; fee for collecting moneys for state ............ 254

SB 609--Self-service Gasoline, Diesel Fuel Stations; pump

safety device ..................................... 254, 555, 599, 682, 706

SB 610--Sunshine in Litigation Act; disclosure of a public hazard

254

SB 611--Vehicles Transporting Manufactured Homes; single-trip

permits ...................................... 255, 676, 722, 775, 824, 833

INDEX

3597

SB 612--Attorneys; amend rules governing bar examination

qualifications ...................................................... 255

SB 613--Real Estate Appraiser Classification and Regulation

Act .............................................. 255, 555, 599, 682, 707

SB 614--Commission on Equal Opportunity; create agency, board,

divisions ................ 255, 928, 1053, 1094, 1124, 1196, 1212, 3563, 3576

SB 615--Fair Housing; sale, rental, financing; discriminatory

practices ............................... 255, 1239, 1330, 1388, 1394, 1409,

1515, 1516, 3198, 3575

SB 616--Bus Shelters; permits; requirements; restrict for

public transit ................. 256, 676, 722, 775, 824, 834, 2006, 2031, 3575

SB 617--Ad Valorem; tax officials; change duties; oath; mobile

homes .................. 284, 596, 678, 727, 775, 824, 827, 3377, 3378, 3577

SB 618--Water Pollution; ground-water quality; marine toilet

restrictions ....................... 285, 555, 600, 682, 708, 2031, 2137, 3575

SB 619--Pharmacy Prescription Orders; use of facsimile or telecopiers

285

SB 620--Employers; disclosure; information about former employee ............. 285

SB 621--Open Records; votes taken by Pardons and Paroles Board

285

SB 622--Students; No Pass/No Participate Rule; exempt certain

students ................ 285, 926, 1053, 1094, 1102, 2665, 2744, 3031, 3575

SB 623--Baldwin County; Board of Education; compensation;

medical, dental insurance ........................ 424, 598, 603, 2398, 3575

SB 624--Baldwin County; Board of Education; election districts;

reapportion..................................... 425, 598, 603, 1044, 1108

SB 625--Baldwin County; Board of Commissioners; election

districts; reapportion ............................ 425, 598, 603, 1044, 1108

SB 626--Emergency Management; rescue organizations; licensure

425

SB 627--Volunteer Legal Service Agencies; state, magistrate

court fees ................................. 425, 885, 928, 1058, 1954, 3574

SB 628--Kennesaw, City of; Municipal Court; traffic violations;

authority; sentencing ............................ 425, 598, 603, 3194, 3576

SB 629--Workers' Compensation Laws; extensive

revision .......................................... 425, 597, 678, 727, 736

SB 630--Aquaculture Development Act, Georgia;

enact ............................. 464, 1696, 1751, 1852, 1858, 3198, 3575

SB 631--Contracts; public works; retainage accounts; interest;

payments............... 464, 598, 678, 727, 774, 775, 2998, 3316, 3568, 3577

SB 632--Railroad Companies; labor contracts; sale or transfer of lines

464

SB 633--Ad Valorem; delinquent tax payments; penalties; certain

counties ................................. 465, 1087, 1119, 1187, 3564, 3576

SB 634--Bicycles; safety equipment; riding, carrying children;

paths ................................... 465, 1052, 1088, 1124, 1196, 1227

SB 635--Theft by Shoplifting; fourth or subsequent offense;

sentencing...................................... 465, 885, 928, 1059, 1062

SB 636--DUI; habitual violators; revocation of probationary license ............. 465

SB 637--Water Resources; river basin management plans;

development of ......... 465, 1118, 1180, 1250, 1337, 1344, 2998, 3017, 3575

SB 638--Appropriation Requests; proposed property acquisitions,

leases ........................................ 465, 1609, 1697, 1764, 1765

SB 639--Manufacturers Sales Representatives; contracts;

commissions ................... 466, 821, 1052, 1088, 1124, 1127, 3197, 3576

SB 640--DUI; plea of nolo contendere; restrictions on

acceptance ................................... 466, 676, 722, 775, 824, 835

SB 641--Water Systems; pollutants; permits for operating;

economic impact ................................................... 466

SB 642--State Agencies; fiscal affairs; Program Review Act of 1992

466

3598

JOURNAL OF THE SENATE

SB 643--Handicapped Parking; access to pregnant

women ........................... 466, 721, 773, 824, 854, 2665, 2757, 3575

SB 644--Delinquent Acts; sentencing; consideration of impact

upon victim

466, 884, 929, 1060, 1065, 2999, 3043, 3446, 3577

SB 645--Toxics Use Reduction and Pollution Prevention Assistance Act......... 467

SB 646--Homicide by Vehicle; driver's failure to stop for

school bus .............. 467, 884, 929, 1059, 1063, 3447, 3549, 3577

SB 647--Contracts; subcontractors; entitlement to payment .................... 549

SB 648--Self-service Storage Facility; rent; late or nonpayment; access

549

SB 649--Civil Actions; dismissal for want of prosecution; time

period .................................. 549, 1052, 1088, 1124, 1196, 1211

SB 650--Blind Persons' Literacy Rights and Education Act; enact .............. 549

SB 651--Pogo 'Possum; designate as official state symbol ...................... 550

SB 652--Developmental Highway System; revise; delete Outer Perimeter ........ 550

SB 653--Municipal Judges; training; exemption; active members State Bar

550

SB 654--Regional Development Centers; boards; designee representation

550

SB 655--Juvenile Courts; judges; practice of law; population provision

550

SB 656--State Transportation Board; members; removal from

office ........................................ 550, 596, 678, 727, 774, 776

SB 657--Electric Power Plants; easements, rights of way; requirements

550

SB 658--Fulton County; Recreation Authority; members; ineligible persons

551

SB 659--Troup County; Board of Commissioners; election

districts; reapportion ....................... 551, 720, 724, 1110, 1223, 1321

SB 660--Regional Development Centers; nonprofit functions;

expenses ................ 551, 681, 1502, 1557, 1708, 1711, 2665, 2758, 3576

SB 661--Clayton County; ad valorem taxes; increase exemption;

referendum ..................................... 551, 720, 724, 1232, 3575

SB 662--Clayton Circuit; superior court; judges; salary

supplement..................................... 551, 720, 724, 1232, 3575

SB 663--Clayton Circuit; district attorney; salary; county

supplement..................................... 551, 720, 724, 1232, 3574

SB 664--DUI; convicted persons; court records to insurance

company ................................ 551, 1051, 1088, 1124, 1195, 1207

SB 665--Driver's License; suspension; time period; DUI

convictions; fines .............. 552, 1051, 1089, 1124, 1196, 1250, 1337, 1367

SB 666--DUI; prosecution; request for trial by jury; court jurisdiction ........... 552

SB 667--DeKalb County; School Taxes; homestead exemption;

surviving spouse of armed forces member; referendum ............. 552, 720,

724, 1956, 2213, 3575

SB 668--DeKalb County; ad valorem tax; surviving spouse,

military personnel.......................... 552, 720, 724, 1956, 2214, 3576

SB 669--Personal Care Homes; unlicensed; patient referral

restrictions ....................................... 552, 719, 773, 824, 855

SB 670--Wills or Trust Instruments; incorporation of fiduciary

powers .............................. 552, 885, 929, 1059, 1060, 2042, 3574

SB 671--Victims of a Criminal Offense; when to allow presence in court

553

SB 672--Fishing; trout waters without seasons; additions,

deletions ..................... 553, 676, 722, 775, 824, 836, 2998, 3064, 3576

SB 673--Powder Springs, City of; City Council; elections; Post

1 and 2 At-Large positions....................... 593, 721, 726, 1604, 3575

SB 674--Law Enforcement; emergency or crime scenes; primary authority

593

SB 675--Jurors; unauthorized absences; contempt powers of

judges ....................... 593, 1051, 1089, 1124, 1196, 1250, 1337, 1366

SB 676--Drug Trafficking Near Schools; counterfeit substances;

felony............................. 593, 1087, 1119, 1196, 1250, 1337, 1353

SB 677--Medical Providers; health insurance claims, forms,

payments ................................... 593, 1051, 1089, 1196, 1228,

2311, 2402, 2414, 3575

INDEX

3599

SB 678--Drug Testing; inmates, paroles; persons certified

administer ........................ 593, 1050, 1089, 1124, 1195, 1209, 1219,

3395, 3455, 3576

SB 679--Georgia Ports Authority; additional members; terms;

quorum ........................ 672, 884, 929, 1059, 1061, 1664, 3564, 3574

SB 680--Medicaid; facilities terminating enrollment;

requirement; penalty .................... 672, 1180, 1240, 1336, 1341, 1344,

2034, 2208, 2411, 3575

SB 681--Nursing Homes; facilities terminating Medicaid; duty to

residents ..................... 672, 1180, 1240, 1336, 1337, 1341, 2666, 3574

SB 682--Richmond County; Board of Elections; jurisdiction; 1990

census bracket............................. 672, 885, 929, 1058, 3195, 3576

SB 683--Richmond County; Superior Court; chief judge; appoint

jury clerk ................................ 673, 885, 929, 1058, 3564, 3576

SB 684--Richmond County; Municipal Elections; authority for county to conduct.......................... 673, 885, 929, 1058, 3564, 3576

SB 685--Smyrna, City of; ad valorem tax; exemption; residents

62 or older ..................................... 673, 819, 821, 2223, 3575

SB 686--State Printing; elected official's name on promotional

brochures .................................. 673, 817, 886, 940, 1060, 1660

SB 687--Workers' Compensation; medical, rehabilitation

suppliers; fees ............................... 673, 1330, 1384, 1622, 1658

SB 688--Handicapped Parking; disabled person must occupy

vehicle ....................... 673, 1052, 1089, 1124, 1196, 1250, 1337, 1367

SB 689--Traffic Cases; superior court clerk duty; repeal

certain counties ............................ 674, 885, 929, 1058, 2398, 3574

SB 690--Eatonton, City of; Municipal Elections; change ward

lines ........................................... 716, 819, 821, 3195, 3575

SB 691--Putnam County; Sheriff; change compensation

716, 819,

821, 3196, 3576

SB 692--Putnam County; Tax Commissioner; change

compensation ................................... 716, 819, 822, 3196, 3576

SB 693--Nursing and Personal Care Homes; Regulations;

granting of waivers; hospices, death of a patient

716, 927, 1053,

1094, 1104, 2665, 2817, 3575

SB 694--Atlanta Municipal Court; additional fines; fund city

jails. .................................... 716, 1751, 1754, 1755, 2398, 3575

SB 695--Tax Officials; date for closing books; repeal

population provision................................ 716, 1087, 1119, 1187

SB 696--Legal Defense; unification of services; counties 550,000 or more......... 717

SB 697--Clayton County; Magistrate Court; chief magistrate; vacancies .......... 717

SB 698--Vehicle Load Limitations; violations; failure to pay

assessment ................................... 717, 1118, 1180, 1434, 1436

SB 699--Motor Fuel and Road Tax; Define Vehicles; carriers,

withholding registration; refunds, employees of foreign

governments ...................... 717, 817, 886, 940, 944, 3447, 3450, 3577

SB 700--Tickets for Athletic Contests; agents; increase service

charges ...................................... 768, 1239, 1330, 1388, 1415

SB 701--Workers' Compensation; rejected insurance risk; logging

services ................ 768, 1117, 1180, 1249, 1337, 1363, 2665, 2862, 3576

SB 702--Workers' Compensation; judicial review of awards; appeals

768

SB 703--Family Violence; create state commission, community

task forces ................... 768, 1051, 1089, 1337, 1365, 3460, 3475, 3576

SB 704--Lobbyists; regulation, registration; IDs, expenditure

reports ....................................... 768, 1117, 1181, 1249, 1313

3600

JOURNAL OF THE SENATE

SB 705--Congressional Districts of Georgia; reapportion eleven

districts .......................................... 769, 818, 886, 940, 973,

1129, 1141, 1167, 1168, 1283, 1324, 1378

SB 706--Putnam County; Board of Commissioners; election

districts; reapportion ............................ 813, 928, 931, 1491, 2324

SB 707--Putnam County; Board of Education; election districts;

reapportion..................................... 813, 928, 931, 1491, 2330

SB 708--Chatham County; Code, Ordinance, Regulation; employees

authorized issue citations ........................ 813, 928, 931, 2398, 3574

SB 709--Cobb County; Civil Service Board; members; terms;

expiration dates................................. 813, 928, 932, 2734, 3574

SB 710--Murder and Involuntary Manslaughter; direct, indirect cause ........... 813

SB 711--Child Support; awards computation; consider both parents income

813

SB 712--Chatham County; Recorder's Court; contracts; private

probationary services .......................... 880, 1052, 1056, 2223, 3575

SB 713--Chatham County; Recorder's Court; senior judges

performing services....................... 880, 1052, 1056, 2735, 2856, 3575

SB 714--Indigent Defense Funding Act; additional fees in civil

cases......................................... 880, 1087, 1119, 1196, 1250

SB 715--Indigent Defense Fees; delinquent remission;

penalty ................................................. 880, 1087, 1120

SB 716--Indigent Health Care; pregnant women; standards; regulations

881

SB 717--License Plates; special; salute to war veterans ........................ 881

SB 718--Georgia Airport Development Authority Law; enact; new

projects ................................................. 881, 1118, 1181

SB 719--Notaries Public; performance bonds; amount; misconduct

cases......................................... 881, 1427, 1503, 1622, 1657

SB 720--Municipal Gas Authority; membership; utility or gas

employees .................... 881, 1178, 1240, 1388, 1409, 1412, 2666, 3574

SB 721--Trusts Created by Local Boards of Education; donor

gifts .................................... 922, 1116, 1181, 1249, 1282, 3405

SB 722--Insurance; Health; benefits; pre-existing conditions;

wait period ................................... 922, 1117, 1181, 1337, 1372

SB 723--Workers' Compensation; group self-insurance; local

governments; health benefits pilot projects ................ 922, 1117, 1181,

1250, 1337, 1362, 2666, 2813, 3577

SB 724--Insurers; contracts; transfer of policies;

policyholder rights; assumption reinsurance agreements .......... 922, 1117,

1181, 1250, 1388, 1410, 2665, 2750, 3575

SB 725--Shore Protection Act; enact .............................. 923, 1118, 1181,

1250, 1387, 1388, 2828, 2843, 3575

SB 726--Hall County; State Court; associate part-time

judge ........................................ 923, 1087, 1093, 2042, 3574

SB 727--Firearms; discharging at a moving train causing injury; penalty......... 923

SB 728--Alcoholic Beverages; sales on Sundays at public

festivals ........................... 923, 1238, 1331, 1388, 1411, 1412, 1420,

1622, 1660, 1662, 2717, 2920, 3576

SB 729--Vans or Van Pool Programs; revise definition in Code

Titles ........................................ 923, 1501, 1557, 1852, 1853

SB 730--Probation Systems for Municipal Courts; establish;

agreements ........................ 923, 1239, 1331, 1388, 1416, 2871, 3575

SB 731--Hospital Financing Authority Act; participating

providers .................... 1046, 1178, 1240, 1388, 1764, 1771, 2870, 3576

SB 732--False Identification Documents; selling to a minor;

penalty .......................................................... 1046

SB 733--License Plates; special; National Guard, spouse of

members .................................... 1046, 1178, 1240, 1387, 1391

INDEX

3601

SB 734--Ad Valorem; exemption; vessels used reduce air, water

pollution ......................................................... 1046

SB 735--Street Gang Terrorism and Prevention Act, Georgia;

enact ................................. 1046, 1178, 1240, 1434, 1435, 3405,

3425, 3450, 3456, 3461, 3553, 3573, 3575

SB 736--Lobbyists; registered agents; disclosure reports; content; filing ......... 1046

SB 737--License Plates; special; emergency management personnel

1083

SB 738--Population Bills; redefine; when original application

applies ................................. 1112, 1383, 1428, 1510, 3566, 3577

SB 739--Fulton County; Office of County Treasurer; repeal Act

abolishing .............................. 1112, 1383, 1428, 1510, 3194, 3575

SB 740--DeKalb County; Municipalities Within; voter

registration lists ........................ 1112, 1383, 1428, 1511, 3564, 3576

SB 741--Counties; boards of education; member qualifies other

office .................................. 1112, 1383, 1428, 1511, 3194, 3577

SB 742--Counties; boards of education; authority; certain

cities, counties .......................... 1112, 1383, 1428, 1511, 3196, 3577

SB 743--Office of County Manager; counties in which not

applicable .............................. 1112, 1383, 1429, 1512, 3194, 3577

SB 744--Local Boards of Education; before and after school care

programs ............................................... 1113, 1329, 1384

SB 745--Hazardous Waste; disposal, incinerator facilities; site

criteria...................................... 1113, 1610, 1697, 1764, 1766

SB 746--Alcoholic Beverages; sales on Sundays at outdoor

festivals .......................................... 1113, 1612, 1698, 1759

SB 747--Insurance Professionals; licensure; comprehensive

revisions ................... 1113, 1427, 1503, 1562, 1622, 1624, 1639, 1654,

1708, 1709, 2838, 2933, 3576

SB 748--Municipalities; annexation of land; rezoning

restrictions ............................. 1113, 1383, 1429, 1512, 3566, 3577

SB 749--Campus Police Officers; applicable counties of 500,000

or more .......................................... 1113, 1383, 1429, 1512

SB 750--Peace Officers; training costs; reimbursement by new

employer; cities appointing citizen of adjoining state ............ 1173, 1383,

1429, 1513, 2812, 3048, 3576

SB 751--Victims of Crime; Compensation; claimants; awards;

state board of ............... 1173, 1383, 1429, 1515, 1517, 3183, 3313, 3577

SB 752--Water Treatment Facilities; sludge, residual material

disposal .......................................................... 1173

SB 753--Probate Courts; county administrators as county

guardians ........................................ 1173, 1383, 1429, 1513

SB 754--Municipalities; purging of electors list; notices;

postage ................................ 1174, 1383, 1429, 1513, 3565, 3576

SB 755--Hunting; wildlife traps; ID number or owner's name

tags.................................................... 1174, 1556, 1613

SB 756--Employee Health Insurance; general assembly members; costs

1174

SB 757--Students; foreign language credit; sign language

proficiency .................................. 1174, 1427, 1503, 1622, 1655

SB 758--City Commissions of Dawson, Morrow, Quitman;

compensation ........................... 1233, 1383, 1429 ,1514, 3565, 3576

SB 759--Grandparents; visitation rights; factors in best

interest of child.............................. 1233, 1696, 1752, 1852, 1868

SB 760--Asbestos Removal; persons employed by contractors; training ......... 1234

SB 761--Chiropractic Students; scope of practice; education

requirements ..................................................... 1234

SB 762--Gwinnett County; Board of Education; election

districts; reapportion

1234, 1384, 1386, 3565, 3577

3602

JOURNAL OF THE SENATE

SB 763--Savannah/Chatham County Board of Education; election

districts; reapportion .................... 1234, 1428, 1432, 2398, 2656, 3575

SB 764--Motor Vehicle; accident reporting; responsibility claims ............... 1234

SB 765--Driver Training Schools; operator, instructor; licenses; bonds

1234

SB 766--DeKalb County; Ad Valorem; county taxes; homestead exemption . 1234

SB 767--DeKalb County; Ad Valorem; school taxes; homestead exemption

1235

SB 768--Chatham County; Board of Commissioners; election

districts; reapportion ......................................... 1235, 1428

SB 769--Demonstration School Systems; plans, program status;

requirement ................. 1235, 1501, 1557, 1622, 1664, 2732, 2815, 3576

SB 770--State Employees; Flexible Benefit Plan; deduction;

property, casualty insurance.................. 1324, 1427, 1503, 1561, 1563,

3563, 3576

SB 771--Horses, Mules, Asses; impoundment, care and disposition

1325

SB 772--Animals; offenses constituting animal abuse;

penalties .................................... 1325, 1609, 1698, 1852, 1865

SB 773--World Congress Center; sale or dispensing alcoholic

beverages ........................ 1325, 1426, 1504, 1622, 1654, 3564, 3577

SB 774--Alcoholic Beverages; excise tax payments, stamps; code

revision ..................... 1325, 1555, 1613, 1708, 1715, 2812, 2910, 3575

SB 775--Public Schools; enrollment eligibility; change date attained age

1325

SB 776--Southern Judicial Circuit; superior court; fifth

judgeship.................................... 1326, 1610, 1698, 1764, 1781

SB 777--Teachers, Other Professionals; certification; courses

required............................... 1326, 1501, 1557, 1622, 1664, 2732,

2863, 3100, 3123, 3376

SB 778--Firearms, Ammunition; state-wide regulation; dealer information

1380

SB 779--Speed Detection Devices; FCC certification; repeal

requirement ...................... 1380, 1610, 1698, 1764, 1821, 1852, 1867

SB 780--Demonstration Schools; alternative choice programs; requirements . 1380

SB 781--Election Campaigns; contributions; restrict use future campaigns ...... 1380

SB 782--Small Employers; basic and standard health insurance

plans .................................................. 1381, 1610, 1698

SB 783--Ad Valorem Taxes; location permits, decals; failure to

attach.................................................. 1381, 1501, 1557

SB 784--QBE; funding; calculation using student enrollment

counts ................................ 1381, 1427, 1504, 1561, 1563, 2732,

3050, 3056, 3100, 3123, 3206, 3576

SB 785--Cobb County; Community Improvement Districts Act;

purpose; life of a district ..................... 1381, 1503, 1506, 1889, 3576

SB 786--Health; Insurance; spousal coverage; employee

contributions ................................ 1423, 1610, 1698, 1852, 1879

SB 787--Assistant DA's; qualifications; redefine appproved

LL.M. degree .......................... 1423, 1611, 1699, 1764, 1770, 1771,

3447, 3448, 3576

SB 788--Inmates; parole hearings; notify crime victims or relatives............. 1423

SB 789--Fulton County; County Officers, Employees; pension

rights; change population ................ 1423, 1612, 1699, 1759, 3565, 3576

SB 790--Mental Health State Hospitals; patient cost of care;

liability ................... 1424, 1502, 1557, 1622, 1623, 2797, 2818, 3576

SB 791--Georgia Laws, Senate and House Journals; sale prices;

receipts .......................... 1424, 1611, 1699, 1764, 1779, 2870, 3577

SB 792--Fulton County; County Police, Firemen; retirees;

pensions; population bracket ............. 1492, 1612, 1699, 1759, 3565, 3577

SB 793--Fulton County; Municipalities Within; sellers,

merchants fees; different property assessments .................. 1493, 1612,

1699, 1759, 2398, 2418, 3575

INDEX

3603

SB 794--Fulton County; Superior Court; judges; appointment of

jury clerk .............................. 1493, 1612, 1699, 1760, 3196, 3575

SB 795--Fulton County Probation Employees; retirement

membership ............................ 1493, 1612, 1699, 1760, 3565, 3577

SB 796--Cities Within DeKalb County; electors; preparation of

lists. ................................... 1493, 1612, 1699, 1760, 3565, 3577

SB 797--Fulton County; County Police Retirement; pension funds;

population bracket ...................... 1493, 1612, 1699, 1760, 3565, 3577

SB 798--Superior Court Clerks' Retirement Fund; payments from

fines, bonds; inapplicable Fulton County ................. 1493, 1612, 1700,

1760, 3566, 3577

SB 799--Fulton County; Officers of Court or County; funds held

for third party; deposits ................. 1493, 1612, 1700, 1761, 3566, 3577

SB 800--Judicial Sales; location other than courthouse; Fulton

County................................. 1494, 1612, 1700, 1761, 3194, 3576

SB 801--Public Safety Radio Channel; joint use; inapplicable

Fulton County .......................... 1494, 1612, 1700, 1761, 3195, 3576

SB 802--DeKalb County; Cities Within; appointment of

registrars, deputy registrars ........................ 1494, 1612, 1700, 1761,

3566, 3577

SB 803--Counties Between 350,000 and 550,000; school tax

collection.................................... 1494, 1612, 1700, 1762, 3460

SB 804--Sheriffs; duties; persons charged county ordinance

violation ............................... 1494, 1612, 1700, 1762, 3196, 3576

SB 805--Justice of the Peace Emeritus; applicable population

bracket ................................ 1494, 1612, 1700, 1762, 3566, 3577

SB 806--Fulton County; Judges; criminal, civil, juvenile,

probate; salaries ........................ 1495, 1612, 1701, 1762, 3566, 3577

SB 807--Elections; county registrars; appointment by governing

authority ............................... 1495, 1612, 1701, 1763, 3566, 3577

SB 808--Bond Elections; statement of intention; applicable

DeKalb County ......................... 1495, 1697, 1752, 1850, 3567, 3577

SB 809--Indigent Legal Defense; counties of not less than

600,000 ................................ 1495, 1612, 1701, 1763, 3567, 3577

SB 810--Emergency Ambulance Providers; territorial zones; plan approval

1495

SB 811--State Commission on Mental Health, Mental Retardation,

and Substance Abuse Service Delivery .............. 1495, 1609, 1701, 1764,

1775, 2732, 2857, 3575

SB 812--Motor Common Carriers; clarify haulers of agricultural products ...... 1495

SB 813--Calhoun, City of; Charitable Donation to Big

Brothers/Big Sisters .......................... 1496, 1612, 1616, 3195, 3576

SB 814--Fulton County; Board of Commissioners; compensation

1496

SB 815--Patients; candidate for nonresuscitation;

procedures .................................. 1496, 1696, 1752, 1852, 1870

SB 816--Arbor Day and Earth Day; designate annual state observance

1496

SB 817--Augusta Circuit; probation fines; disbursements by

counties ..................................... 1496, 1610, 1701, 1764, 1776

SB 818--Richmond County; Board of Education; meetings;

organization and procedures................... 1496, 1612, 1616, 3574, 3577

SB 819--Richmond County; Contracts and Bids; purchases in

excess of $7,500.............................. 1497, 1612, 1616, 3574, 3577

SB 820--Chatham County; Board of Commissioners; election

districts; reapportion .................... 1497, 1612, 1616, 2399, 2424, 3575

SB 821--Butts County; Ad Valorem Taxes; homestead exemption;

population application

1549

SB 822--Columbia County; Board of Elections; creation; powers,

duties; membership; counsel................................... 1550, 1909

3604

JOURNAL OF THE SENATE

SB 823--Columbia County; Ad Valorem Taxes; $20,000 homestead

exemption; certain residents........................ 1550, 1697, 1706, 1914,

2224, 2401, 3575

SB 824--Franklin Springs, City of; reincorporate; grant new

charter ...................................... 1550, 1697, 1706, 3195, 3575

SB 825--Royston, City of; reincorporate; grant new

charter...................................... 1550, 1697, 1706, 3195, 3576

SB 826--Hogansville, City of; ad valorem school taxes; millage

rate; referendum ............................. 1550, 1697, 1706, 2839, 3575

SB 827--Fayette County; Board of Commissioners; compensation;

expense payments ............................ 1550, 1751, 1754, 3196, 3576

SB 828--Wills; lost or destroyed; presumption of

revocability........ ........................ 1551, 1610, 1701, 1764, 1784

SB 829--Cobb County; Board of Commissioners; election

districts; compensation; personnel

1551, 1751, 1754, 1755,

1757, 1848, 1849

SB 830--Palmetto, City of; Mayor and Council; vacancies;

special elections......................................... 1551, 1697, 1707

SB 831--Family or Medical Work Leave Period; state employees

entitlement......... ........ 1551, 1613, 1701, 1764, 1772, 3406, 3474, 3575

SB 832--DeKalb County; Elections; deputy registrars;

appointment; revise population ..................... 1551, 1697, 1752, 1850,

3196, 3576

SB 833--Children and Youth Services Department; establish

separate agency ......................................... 1551, 1613, 1702

SB 834--Drug Trafficking; felony offense of trafficking

methamphetamine . . . . . 1552, 1610, 1702, 1764, 1773, 1791, 3241, 3302, 3576

SB 835--Postsecondary Institutions; annual report; graduate job placement

1605

SB 836--Special Services Districts; subdistricts; zoning procedures

1605

SB 837--Death Penalty; imposition; murder against person over age of 65 ...... 1606

SB 838--Bond Elections; statement of intention; applicable Cobb

County................................. 1606, 1697, 1752, 1850, 3196, 3576

SB 839--Banks; branches within certain adjacent counties;

authority ......................................... 1606, 1697, 1752, 1850

SB 840--Workers' Compensation Study Commission; establish; functions

1606

SB 841--Hancock County; Board of Commissioners; election

districts; reapportion .............................................. 1690

SB 842--Baldwin County; Magistrate Court; magistrate pro hac

vice; compensation ...................................... 1690, 1839, 1846

SB 843--Legislative, Congressional Reapportionment; create

Redistricting Service Bureau through General Assembly

1690

SB 844--Columbia County; Board of Education; single-member

election districts; referendum............................. 1690, 1909, 1914

SB 845--Columbia County; Board of Commissioners; election

districts; reapportion .................................... 1690, 1909, 1914

SB 846--Health Insurers; uniform or standard claim form requirements

1690

SB 847--Richmond County; Board of Commissioners; election

districts; reapportion .............................................. 1691

SB 848--Richmond County; Board of Education; election

districts; reapportion; personnel .......... 1691, 2046, 2056, 2061, 3197, 3576

SB 849--Gwinnett County; Board of Commissioners; road projects;

audits and studies....................................... 1742, 1909, 1914

SB 850--Conasauga Judicial Circuit; DA investigators; arrest

procedures ......... ........................ 1742, 1909, 1914, 3566, 3577

SB 851--Canton, City of; Garbage, Trash Services; authority to

charge fees ................................ 1743, 1909, 1914, 3196, 3575

INDEX

3605

SB 852--Habersham County; Chief Magistrate; probate court judge

to serve; term; constables ................................ 1743, 1909, 1914

SB 853--Fulton County; Board of Commissioners; election

districts; reapportion .............................................. 1743

SB 854--Glynn County; Board of Commissioners; election

districts; reapportion .................................... 1743, 1909, 1915

SB 855--Glynn County; Board of Education; election districts,

reapportion; school superintendent, election, terms

1743, 1909,

1915, 3567, 3577

SB 856--Troup County; Board of Education; election districts;

reapportion............................. 1743, 1909, 1915, 1916, 3195, 3575

SB 857--Georgia Music Hall of Fame Authority; compensation of members

1743

SB 858--Powder Springs, City of; Ad Valorem Tax; homestead

exemption; disabled residents; referendum

1830, 1960, 1965,

3197, 3576

SB 859--Greene County; Board of Commissioner; chairman;

compensation ................................ 1831, 1960, 1966, 3197, 3576

SB 860--Greene County; Tax Commissioner; compensation; salary

in lieu of fees................................ 1831, 1960, 1966, 3197, 3575

SB 861--Athens-Clarke County; homestead exemption;

referendum .................................. 1831, 1960, 1966, 2734, 3575

SB 862--Habersham County; Board of Education; election

districts; reapportion ......................... 1831, 1960, 1966, 3567, 3576

SB 863--Telfair County; Board of Education; vacancies;

procedures; referendum ....................... 1907, 2046, 2057, 3197, 3576

SB 864--Cobb County; Community Improvement Districts; purpose;

life of a district.............................. 1907, 2046, 2057, 3197, 3575

SB 865--Polk County; Ad Valorem Tax; homestead exemption;

certain residents ............................. 1957, 2046, 2057, 3195, 3577

SB 866--Athens-Clarke County Industrial Development Authority;

membership ................................. 2043, 2675, 2681, 3567, 3577

SB 867--Baldwin County; Board of Education; election districts;

reapportion.................................. 2043, 2675, 2681, 3574, 3576

SB 868--Fayette County; Board of Commissioners; voting district

boundaries, precincts .................................... 2227, 2873, 2877

3606

JOURNAL OF THE SENATE

SENATE RESOLUTIONS

SR

7--Lottery; amend Constitution to allow a State

Lottery .............................................. No action in 1992

SR 10--State Agencies; abolition, continuation after 4

years; amend Constitution ............................. No action in 1992

SR 11--General Assembly; Members; term limitations;

12-years; amend Constitution. .......................... No action in 1992

SR 12--Black Males, Governor's Commission on the Social

Status of; create ...................................... No action in 1992

SR 13--Revenue and Taxation; Amend Constitution; bills

for revenue may originate in either house of General

Assembly ............................................. No action in 1992

SR 14--State Employees; Drug Testing of POST Certified

Employees; urge discontinue program

No action in 1992

SR 16--Governor; elect and serve one six-year term of

office ................................................ No action in 1992

SR 17--Gambling on Cruise Vessels; authorize; amend

Constitution .......................................... No action in 1992

SR 20--Obstetrics Study Committee; creating ...... ........ No action in 1992

SR 24--Legislative Overview Joint Committee on State

Government .......................................... No action in 1992

SR 25--Rails-to-trails; abandoned rights of ways,

corridors; conversion for recreational

purposes ............................................. No action in 1992

SR 29--Postsecondary Vocational Education Laboratory,

Equipment and Library Research Needs Study

Committee .......................................... No action in 1992

SR 54--Noncertificated School Personnel Study Committee;

create ................................................. No action in 1992

SR 59--Teachers; Alternative Teacher Certification Joint

Study Committee ..................................... No action in 1992

SR 65--Special County 1% Sales Tax for Education Purposes;

authorize ............................................. No action in 1992

SR 70--Judicial Circuits; special trial districts,

investigative grand juries; provide for establishment; amend

Constitution .......................................... No action in 1992

SR 76--Justices of Supreme Court, Apellate Judges

Appearing as Counsel; expiration of 5 years; amend

Constitution ......................................... No action in 1992

SR 98--Urge Passage Federal Surface Transportation

Reauthorization Act ................................... No action in 1992

SR 105--Federal Nonconventional Tax Credit for Alternate Fuels;

urge extend .......................................... No action in 1992

SR 107--King-Abernathy State College; urge change name of

Atlanta Metropolitan College

No action in 1992

SR 133--Operation Desert Storm; Multinational Coalition

Nations; appreciation to .............................. No action in 1992

SR 146--Technology Related Assistance Trust Fund for

Individuals with Disabilities; amend Constitution to

create ............................................... No action in 1992

SR 150--Education, Office of Commissioner; replace State School

Superintendent; amend Constitution

No action in 1992

INDEX

3607

SR 151--Congress, U.S.; Petition for Constitutional

Convention; proposing sanctions for certain disrespectful

acts involving the U.S. flag. ............................ No action in 1992

SR 159--Sales Tax; special purpose county; educational

purposes; amend Constitution .......................... No action in 1992

SR 161--Gasoline Marketing; motor fuel pricing issues;

committee to study ................................... No action in 1992

SR 169--Election by Plurality of Votes; Secretary of State,

Attorney General; State School Superintendent, Commissioners

of Insurance, Agriculture, Labor ........................ No action in 1992

SR 170--Superior Courts; Judges; appointment by Governor, 4

year terms; amend Constitution ........................ No action in 1992

SR 171--Superior Court Judges; one-time adjustment of term so

all judges elected at same time ......................... No action in 1992

SR 173--School Finance Study Committee....................... No action in 1992

SR 177--Atlanta Area Technical School; acquisition by Board of

Regents .............................................. No action in 1992

SR 180--South Georgia Parkway; designate Corridor Z

developmental highway from Columbus to Brunswick

1956, 3575

SR 189--At-risk Students, Drop Outs; committee to study

alternative programs .................................. No action in 1992

SR 196--State Properties Commission; terminate lease to

Consolidated Atlanta Properties, Ltd ................... No action in 1992

SR 197--Airport Development Authority, Joint Study Committee;

creating ......................................................... 77, 82

SR 200--State Financing and Investment Commission; membership

of Director, Office of Planning and Budget

No action in 1992

SR 217--Wolf Creek Skeet and Trap Club and Cochran Mill Park;

endorse Olympic event sites

No action in 1992

SR 219--Study Committee on Certificate of Need and Process for

Approval ............................................. No action in 1992

SR 220--DeKalb County; site for 1996 Olympic tennis events;

support .............................................. No action in 1992

SR 222--Posses, Auxiliaries and Voluntary Law Enforcement

Officers Joint Study Committee ........................ No action in 1992

SR 223--Sickle Cell Anemia Study Committee ...

No action in 1992

SR 224--Lead Poisoning Prevention Study Committee ............ No action in 1992

SR 230--Children's Trust Fund; state tax on consumer rental,

motion pictures, video recording, cassettes; amend

Constitution .......................................... No action in 1992

SR 234--Senate; Rules; amend; number of pages allowed President

per day .............................................. No action in 1992

SR 238--Drug Trafficking; prohibit pardon or parole; amend

Constitution .......................................... No action in 1992

SR 248--Vandiver Island; change name of Colonel's Island,

Glynn County; honoring former Governor S. Ernest Vandiver

259, 290,

433, 452, 461, 485, 567, 581, 3199, 3576

SR 250--Desert Storm Monument Commission; creating .......... No action in 1992

SR 253--Midwifery; certification program; committee to study

No action in 1992

SR 266--Rural Economic, Industrial Development in Depressed

Areas; study of ..................................... No action in 1992

SR 273--Children's Code Study Committee; condense laws under

single title.......................................... No action in 1992

SR 277--Dental Hygienists Licensing Study Committee;

create ............................................ 1838, 1910, 2260, 2340

SR 282--Low and Moderate Income Housing in Georgia Study

Committee ........................................... No action in 1992

3608

JOURNAL OF THE SENATE

SR 286--Domestic Violence; create commission to study problems,

issues ................................................ No action in 1992

SR 289--Senate; Rules; amend; numerical order of bills ........... No action in 1992

SR 299--Study Committee on the Regulation of Firearms

Sales................................................. No action in 1992

SR 307--Cochran Mill Park for Olympic Equestrian Events;

endorse .............................................. No action in 1992

SR 345--Senate; Adopt Rules for 1992 Session ................................. 68

SR 346--Senate Convened; Notify House, January 13, 1992 ..................... 68

SR 347--North Fulton, The Coalition for Drug-Free; commend .................. 76

SR 348--Motor Fuel Taxes; use of revenue; amend Constitution ............. 74, 676

SR 349--Motorcycle Awareness and You Month; recognize ...................... 76

SR 350--General Assembly Members, Lt. Governor; term limitation .............. 74

SR 351--Automobile Repair Shops; commission to study licensing ............... 74

SR 352--Pardons and Parole Board; commuting death sentences,

granting paroles; approval of Governor ................................ 74

SR 353--Divorce Cases; judgments; when court render without jury verdict ....... 74

SR 354--State Pension and Retirement Funds Study Committee; creation ........ 75

SR 355--Consultants for State Government; Committee to Study

Methods of Procuring Such Services .................................. 75

SR 356--Supplementary Appropriation Acts Prohibited; amend Constitution

75

SR 357--Certain Public Officers; term limitations; amend Constitution ........... 75

SR 358--Historic U.S. 19 and Ga. 60 Business Route; designate

in Dahlonega ....................... 75, 676, 722, 775, 824, 837, 2227, 3577

SR 359--Lotteries; State's Authority to Operate; resubmit

question to voters 1996 ............................. 75, 110, 126, 155, 157

SR 360--Notify Governor; General Assembly convened....................... 68, 69

SR 361--Senate; Officials, Employees, Committees; amend SR 3 ................. 69

SR 362--Local School Systems; additional revenue sources; amend

Constitution ................................... 96, 429, 472, 567, 604, 605

SR 363--Property Conveyance; Baldwin County; sell surplus DHR

property ............................... 96, 125, 152, 190, 194, 2871, 3577

SR 364--Property Conveyance; Baldwin County; 6.24 acres, S.R.

#22, convey by sale after public bid ................. 96, 125, 152, 190, 195

SR 365--Property Conveyance; Baldwin County; sell Forestry

Commission property ................................................ 97

SR 366--Designate; Ben Jess Logan, Sr., Memorial Bridge; Gilmer

County ............................ 97, 429, 472, 567, 604, 607, 2871, 3577

SR 367--Anderson, Ernest R.; condolences to family ........................... 112

SR 368--Schneider, Margaret Lex; commend .................................. 112

SR 369--Property Conveyance; land in Cobb County, to Board of

Regents ............................... 110, 126, 152, 190, 196, 1083, 3575

SR 370--FHA/HERO Day; youth service organizations; commend

110

SR 371--Senate and Staff; ethical standards of conduct....... 110, 126, 127, 130, 139

SR 372--Hunter, Elton King, Sr.; commend................................... 112

SR 373--Long-term Care Issues and Costs; commission to

study ........................................ 122, 1610, 1702, 1852, 1868

SR 374--Postsecondary Vocational Education Lab, Equipment and

Library Research Needs; committee to study ......................... 122

SR 375--Property Conveyance; leases, easements of state-owned

property; various locations; repeal certain resolution Acts

122, 429,

472, 567, 604, 608, 1957, 2443, 3576

SR 376--Green Industry Association; commend ............................... 127

SR 377--Property Conveyance; Baldwin County; easement to Doyle

Beckham .............................. 149, 259, 291, 433, 453, 1172, 3575

SR 378--Property Conveyance; Whitfield-Murray Historical

Society; easement; marker at Tunnel Hill ................... 149, 259, 291,

433, 484, 485, 1111, 3575

INDEX

3609

SR 379--Property Conveyance; Rabun County; easement; Sylvan

Lake Falls Homeowners' Association .................... 149, 259, 291, 433,

484, 485, 1172, 3576

SR 380--Property Conveyance; Toombs County; easement; Southern

Bell cable ......................... 149, 259, 291, 433, 484, 486, 2226, 3577

SR 381--Property Conveyance; easement, Stewart County; land

exchange, Berrien County; disposition of disputed claim,

Lowndes County .............. 149, 259, 291, 433, 484, 487, 2226, 2377, 3577

SR 382--Ellard, Honorable Glenn Wilson "Jack"; commend ................ 154, 820

SR 383--Georgia Quality Month for Business, Industry,

Education; designate ..................... 149, 1610, 1702, 1852, 1869, 3568

SR 384--Georgia Business Climate Joint Study Committee ..................... 149

SR 385--Albany Day at State Capitol; February 3, 1992; declare ........... 154, 195

SR 386--Georgia Citizens for the Arts; commend .......................... 154, 211

SR 387--Crenshaw, Emory K.; tribute; condolences to family ................... 154

SR 388--Bagby, Honorable George Talmadge; condolences to family ...

187

SR 389--Senate; Amend Rules; committees; pages; population bills...... 169, 927, 937

SR 390--First African Baptist Church of Brunswick; congratulate ............... 187

SR 391--Armstropg, Mrs. Lucille; birthday congratulations ..................... 188

SR 392--Public Retirement Systems; service used for calculating benefits ........ 169

SR 393--Evans, William M., Sr. of DeKalb County; commend

188

SR 394--Simmons, Lois Dix; commend ................................... 188, 432

SR 395--Pendley, Mrs. Ollie; commend ....................................... 188

SR 396--Women's Day at the Capitol; recognize............................... 188

SR 397--LaGrange High School Football Team; commend ................. 188, 262

SR 398--Lieutenant Governor; Pierre Howard; birthday congratulations ......... 188

SR 399--High School Graduates; college preparatory warranty

program...................................... 208, 429, 472, 567, 604, 611

SR 400--Black, Reverend Jerry D.; commend ................................. 188

SR 401--Lynwood Hall, Georgia Artist of the Year; commend .............. 188, 211

SR 402--Field, Gary D.; commend year-round school concept................... 188

SR 403--Sanders, Mary Elizabeth; honoring .................................. 188

SR 404--Hall, Wallace; commend ............................................ 188

SR 405--Georgia Recreation and Parks Association; commend .............. 188, 573

SR 406--Noncertificated Public School Personnel Study

Committee ................................... 208, 1838, 1910, 1983, 2005

SR 407--Property Conveyance; easements; water, utility, sewer

lines; Calhoun, DeKalb, Emanuel, Floyd, Johnson, Monroe, Washington Coun

ties .......................... 208, 429, 472, 567, 605, 611, 2034, 2182, 3576

SR 408--Property Conveyance; Glynn County; State Forestry

Commission; facility, tower.................... 209, 596, 678, 727, 774, 777,

825, 869, 1957, 3577

SR 409--Firefighter Training Study Committee ...

209, 1610, 1702, 1764, 1777

SR 410--Designate; James L. Clarkson Memorial Highway; Walker

County............................ 209, 676, 722, 775, 824, 837, 1956, 3575

SR 411--University of Georgia; UGA 1991 Football Team; commend ........ 262, 432

SR 412--Music Industry Committees and Citizens' Advisory

Council ...................................... 256, 1428, 1504, 1622, 1662

SR 413--Cartersville High School 1991 Football Team; commend ........... 262, 432

SR 414--Property Conveyance; City of Atlanta right of way;

WCC property ..................... 256, 429, 472, 567, 605, 616, 2043, 3575

SR 415--Youth Art Month; recognize ................................... 262, 1515

SR 416--Arbor Day Observance, 101st Anniversity;

recognizing ....................................... 256, 555, 600, 682, 708

SR 417--Property Conveyance; Crisp County; Cordele Fish

Hatchery; road easement ........... 256, 429, 473, 567, 605, 617, 1172, 3576

3610

JOURNAL OF THE SENATE

SR 418--Property Conveyance; Colquitt County Fairgrounds; road

easement.......................... 256, 429, 473, 567, 605, 618, 2717, 3576

SR 419--Slosheye Trail Big Pig Jig Barbecue Cooking Contest;

recognize .................................................. 256, 884, 889

SR 420--State Merit System and University System of Georgia,

Joint Study Committee on Compensation ............................ 256

SR 421--University System Lab, Equipment, Rehabilitation

Technology, and Eminent Scholars Endowment Study Committee . 256, 1909,

1960, 2087, 2218

SR 422--Engineers Day in Georgia, February 11, 1992; recognize ........... 262, 570

SR 423--Local Option Sales Tax for Education Purposes; amend

Constitution ........................................ 285

SR 424--Firefighters' Recognition Day; recognize .............................. 262

SR 425--Springfield Baptist Church; commend ............................... .292

SR 426--Bankruptcy Courts; applied laws, payback plans, fees;

urge monitor ..................................... 285, 555, 600, 682, 709

SR 427--Lott, Reverend Robert J.; commend ............................ ..... 292

SR 428--Macon City Officials and Cherry Blossom Festival; commend........... 294

SR 429--Public Housing for Senior Citizens Only; urge Congress

permit ........................................... 286, 721, 773, 824, 871

SR 430--Grant, Carolyn, 1991 GOAL Award; commend .................... 292, 681

SR 431--Postsecondary Technical, Adult Education Finance Study

Committee ............. 467, 1428, 1504, 1708, 1713, 1714, 2914, 2956, 3576

SR 432--English, Bill and Amanda of Brunswick; commend .................... 473

SR 433--Black History Month, A.M.E. Church of Hinesville Youth;

recognize ......................................... 467, 721, 773, 824, 857

SR 434--Ad Valorem Property Tax Assessment; limitation on increases

.... 467

SR 435--Air Pollution; Clean Air Solutions Study Committee .....

467,

720, 773, 824, 857

SR 436--Athens-Clarke County Unified Government;

congratulating ..................................................... 473

SR 437--State Funds; appropriations; percentage mandatory for

education ......................................................... 467

SR 438--Cathy, S. Truett; commend ...................................... ... 474

SR 439--Indigent Legal Defense, Joint Study Committee.................. 553, 1696,

1752, 1852

SR 440--Wheeler County High School History Day Team; honoring............. 581

SR 441--FHA/HERO Georgia Youth Service Organizations;

commend. ......................................................... 569

SR 442--Whittenburger, Nancy; commend .................................... 582

SR 443--Revenue Tax Structure, Joint Study

Commission .............................. 593, 927, 1054, 1094, 1096, 2226

SR 444--Veterans' Medical Facilities; opposing nonveteran use

of ............................................ 674, 926, 1054, 1094, 1103

SR 445--Lindsey, Jake and Lorene; commend................................. 601

SR 446--Henry County School System; commend ............................. 601

SR 447--Griffeth, Jamie, 4-H National Champion; commend ................... 601

SR 448--Tyson, Leah, 4-H National Champion; commend ...................... 601

SR 449--Georgia 4-H National Winners; recognize ............................. 601

SR 450--Byrd, David, 4-H National Champion; commend ...................... 601

SR 451--Barnes, Brian Wesley, 4-H National Champion; commend ............. 601

SR 452--Lively, David Earl, 4-H National Champion; commend ................ 601

SR 453--Selman, Millicent Ann, 4-H National Champion; commend

... 601

SR 454--Crump, Patia Sheral, 4-H National Champion; commend .............. 601

SR 455--Griffin, Dixie, 4-H National Champion; commend ..................... 602

SR 456--Crow, Thomas Brian, 4-H National Champion; commend .............. 602

SR 457--Barrett, Marcia Leigh; 4-H National Champion; commend ............. 602

INDEX

3611

SR 458--Pannell, Leslie Still, 4-H National Champion; commend ............... 602

SR 459--Hanna, Aaron, 4-H National Champion; commend .................... 602

SR 460--Martin, Erin Elizabeth, 4-H National Champion; commend ............ 602

SR 461--Goel, Anupam, 4-H National Champion; commend .................... 602

SR 462--Jenkins, Angela Maria, 4-H National Champion; commend ............. 602

SR 463--Haught, Marcia Lynn, 4-H National Champion; commend ............. 602

SR 464--Whitley, James Andrew; in memory of extraordinary heroism ...... 681, 893

SR 465--Nursing Facility Reimbursement Study Committee .................... 674,

2232, 2710, 2772

SR 466--Capital Outlay Task Force; review school construction funding ......... 674

SR 467--Center for the Visually Impaired 30th Anniversary; recognize

681

SR 468--Atlanta Project and Jimmy Carter; commend community

efforts ............................................................ 681

SR 469--Carrollton Public School System; commend........................... 723

SR 470--Geography Awareness Week; designate and commend ................. 723

SR 471--Savannah River Nuclear Plant Site; opposing materials

production ................................. 717, 818, 886, 940, 1852, 1854

SR 472--University System of Georgia; urge convert to semester

calendar....................................... 717, 926, 1054, 1094, 1101

SR 473--Georgia Peach Festival; commend .............................. 774, 1249

SR 474--Property Conveyance; Macon Housing Authority; sell

National Guard Armory property .............. 769, 1178, 1241, 1388, 1393,

2226, 3577

SR 475--Workers' Compensation Trust Fund; provide for

creation ................................. 769, 1117, 1182, 1250, 1337, 1364

SR 476--General Assembly; Adjournment; February 14 to

February 17 ................................................... 760, 765

SR 477--Transportation Trust Fund; creation; amend

Constitution .................. 814, 1118, 1182, 1249, 1278, 1282, 1577, 3576

SR 478--Marsalis, Wynton; honoring .................................... 820, 1063

SR 479--State Symbols; jazz music, designate during month of

February ................................................ 814, 1427, 1504

SR 480--Georgia Indigent Defense Act; additional fees in civil

cases.................................................... 881, 1087, 1120

SR 481--Roosevelt Circle Revitalization Program in Marietta; commend . . . . 820, 3568

SR 482--Water Safety Programs; urge adoption by school

systems ................................. 882, 1116, 1182, 1250, 1337, 1353

SR 483--Holder, Randolph and Clementi, 50th Wedding

Anniversary; congratulating ......................................... 889

SR 484--Neeley, Mrs. Jesse Anna; commend .................................. 931

SR 485--Designate; Robert B. Nett Medal of Honor Highway;

Muscogee County ...................... 1047, 1557, 1613, 1764, 1774, 1852,

1857, 3568, 3577

SR 486--Manufacturers, Dealers, Distributors of Tractors,

Farm, Heavy Equipment, New Motor Vehicles; amend constitution to

regulate ..................... 1047, 1178, 1241, 1337, 1373, 2226, 2441, 3577

SR 487--Georgia Initiative for Mathematics and Science;

endorse ........................................................... 931

SR 488--Jackson, Eli; tribute to ............................................ 1056

SR 489--Rogers, Doug; expressing regrets at passing .......................... 1056

SR 490--Auto Fuel Energy Economy Standards; urge Congress

reject CAFE ...................... 1047, 1118, 1182, 1250, 1337, 1362, 2043

SR 491--Lewis, Bill; Georgia Tech Head Football Coach; welcome ............. 1096

SR 492--Fraser, Dr. Whit; commend ........................................ 1093

SR 493--Children, Youth and Family Issues; presidential

candidate positions................ 1084, 1612, 1702, 3360, 3373, 3375, 3398

SR 494--Mathis, "Julius; expressing regrets at passing ......................... 1122

3612

JOURNAL OF THE SENATE

SR 495--Contracts; restrictive covenants; partial restraint of trade ............. 1114

SR 496--Water Supply, Periods of Drought; study certain river

check dams.................................. 1114, 1838, 1910, 2087, 2217

SR 497--Water Resources; establishment of a Clean Water Trust Fund ........ 1114

SR 498--West, Jonathan; commend ......................................... 1122

SR 499--Senate; Amend Rules; order of business; call of the roll.

1114

SR 500--Jones, Rhubarb; commend .................................... 1122, 1278

SR 501--Georgia Dixie Majors All-Star Baseball Team World

Champions; commend ............................................. 1122

SR 502--Professional Association of Georgia Educators; Student

Affiliate Organizations; commend ................................... 1184

SR 503--Clark Atlanta University Football Team; commend................... 1185

SR 504--Mohammed, Imam W. Deen; commend ........................ 1185, 1431

SR 505--Veterans of WW II Guadalcanal Campaign; urge Congress

to honor .................................... 1174, 1609, 1702, 1852, 1878

SR 506--Lee, Josh Elton; commend ......................................... 1184

SR 507--Thompson, Harold G.; commend ................................... 1245

SR 508--South, Devin, Law Enforcement Officer of Year; commend ....... 1245, 1849

SR 509--State Budget; revenue bills; voting quorum of General

Assembly......................................................... 1235

SR 510--Business and Occupation Tax; study of equity, revenue

impact ...................... 1326, 1502, 1558, 1622, 1663, 2998, 3320, 3577

SR 511--Environmental Protection Laws; enforcement authority;

study of..................... 1326, 1696, 1752, 1852, 1853, 2914, 2949, 3576

SR 512--Sunshine in Litigation Study Committee ....................... 1326, 1838,

1910, 2262, 2457

SR 513--Rail Passenger Service Study Committee ............................ 1326

SR 514--Applicants for Admission State Bar; urge Supreme Court

amend rules ...... 1381, 1556, 1613, 1708, 1710, 3198

SR 515--University of Georgia; UGA Law School Moot Court Team;

commend ................................................... 1386, 1411

SR 516--Georgia School Boards Association; commend ........................ 1386

SR 517--Mintz, George and Mrs. Cola Mintz; commend ................. 1431, 1517

SR 518--Savannah St. Patrick's Day Parade Officials; commend .......... 1386, 1436

SR 519--Maloof, Ellia A.; condolences to family .............................. 1431

SR 520--Courts; workshops to review future judicial system needs ............. 1431

SR 521--Black Business Month; recognize month of March ................... 1497

SR 522--Minorities, Women and Other Special Populations,

Joint Task Force on Equal Access to Quality Education

and Employment ................................................. 1497

SR 523--Medical College of Georgia School of Nursing Day;

designate ......................... 1497, 1609, 1702, 3360, 3373, 3374, 3393

SR 524--Prostate Cancer; test for early detection; urge doctors

perform ..................................... 1497, 1609, 1702, 1764, 1778

SR 525--Deer Baiting Study Committee .......................... 1552, 2674, 2675,

3360, 3373, 3374, 3396

SR 526--Teenage Pregnancy Prevention Task Force; creation.................. 1552

SR 527--Reidsville State Prison Canine Handlers and Officers; commend ....... 1616

SR 528--Welfare Reform Study Committee .................................. 1606

SR 529--Job Creation and Retention for Georgians Study Committee .......... 1606

SR 530--Government Procurement of Recycled Products, Market

Development, and Process Technology Study Committee ............. 1691

SR 531--Vehicle Emission Inspection Equipment; relative federal rules ......... 1691

SR 532--Alzheimer's Association, Atlanta Area Chapter; recognize ........ 1705, 1766

SR 533--Clayton County PEACH Program; commend

1713

SR 534--State Agencies; request formulate cost downsizing

plans ............................ .......... 1691, 1751, 1839, 1921, 1922

INDEX

3613

SR 535--Aderhold, John E., Chairman World Congress Center Authority; commend.......................................... 1705, 1849
SR 536--Houston, Mrs. Mozelle; commend.............................. 1705, 1913 SR 537--Chastain, Mr. and Mrs. Wendell, 50th Wedding
Anniversary; congratulate .......................................... 1705 SR 538--Georgia Economic Developers Association; commend ................. 1705 SR 539--Salem Baptist Church and Reverend Jasper Williams;
commend......................................................... 1754 SR 540--Roadway Lighting Projects; urge technologies to
minimize glare .................................................... 1744 SR 541--Sprayberry, Captain Hugh O.; commend ............................ 1754 SR 542--Acker, Major General William P.; commend ......................... 1845 SR 543--Public Health Department Study Committee ........................ 1831 SR 544--Haley, Alex; tribute to............................................. 1823 SR 545--B'nai B'rith Atlanta Gate City Lodge; recognizing ............... 1845, 2034 SR 546--Lazarev, Eugene; commend ........................................ 1845 SR 547--State Patrol Alpha Team; commend ........................... 1845, 1930 SR 548--Milledgeville-Baldwin County Chamber of Commerce; commend ....... 1845 SR 549--Litman, Bishop J. L., Jr.; recognizing ............................... 1846 SR 550--Anderson, Dr. Thomas J., Jr.; commend ............................. 1846 SR 551--Toy Manufacturers; urge promote positive values in toy
products .................................... 1907, 2237, 2672, 2675, 2876 SR 552--Seminole County High School Basketball Team;
commend ................................................... 1913, 2117 SR 553--KICKS 101.5 (WKHX), Radio Personality "MOBY";
commend ........................................................ 1913 SR 554--University System; Outstanding Scholars on Academic
Recognition Day; commend ........................................ 1913 SR 555--Toxics Use Reduction and Pollution Prevention Study
Committee ............................................. 1907, 2673, 2675 SR 556--Johnson, Honorable Leroy R.; recognizing ........................... 1913 SR 557--Ali, Muhammad; commend......................................... 1924 SR 558--Hunt, Walter demons; commend ................... 1965 SR 559--Central State Hospital in Milledgeville; commend .................... 1965 SR 560--Women's Fastpitch Softball; encourage in school systems ............. 1965 SR 561--Georgia Youth Chorale; commend .................................. 2056 SR 562--Cowan, Agnes; commend...................................... 2056, 3245 SR 563--Lott, Edith Elizabeth; commend .................................... 2056 SR 564--Campbell, Roosevelt Wilbur, Sr.; honoring........................... 2056 SR 565--Atlanta Motor Speedway; commend. ................................ 2056 SR 566--Boling, Jerry and Chestatee-Chattahoochee RC&D Council;
commend......................................................... 2238 SR 567--Holston, Reverend Robert Lee; honoring ............................ 2238 SR 568--Cedar Shoals High School Girls Basketball Team;
commend......................................................... 2238 SR 569--Savannah Foods and Industries, Inc.; recognizing .................... 2238 SR 570--Greenville High School Basketball Team; commend .................. 2238 SR 571--Flat Shoals PTA Drug Committee and Drug Free Day
Parade; commend ................................................. 2238 SR 572--Cobb County; Board of Commissioners; mental health
services; equitable funding ......................................... 2238 SR 573--Day Care and Early Education; urge increased funding ............... 2238 SR 574--Loughran, Gene William, Brunswick College Outstanding
Scholar; commend................................................. 2238 SR 575--Cedartown High School Basketball Team; commend.................. 2238 SR 576--Gun Safety Training for Children; urge adult education
campaign......................................................... 2238

3614

JOURNAL OF THE SENATE

SR 577--AARP Chapter No. 1952; commend ................................. 2876

SR 578--Simonds, Deborah K.; commend .................................... 2680

SR 579--McDonnell Douglas Corporation, Plant Manager Don Pope;

commend.................................................... 2680, 3245

SR 580--Georgia Bankers Association; commend

2681

SR 581--Walker, Honorable Brent; commend ................................ 2681

SR 582--Umstattd, Roy; commend .......................................... 2681

SR 583--Manning, Mildred and Mildred's Cafe; recognize ..................... 2681

SR 584--Pizza Farm Restaurant; recognize................................... 2681

SR 585--Frontier Restaurant; recognize...................................... 2681

SR 586--Working, Billie Jo; commend ....................................... 2681

SR 587--Social Security Recipients; income limitation; urge

Congress amend .................................................. 2876

SR 588--Deal, Honorable J. Nathan; recognizing ............................. 2876

SR 589--TAM Industries of Tattnall County; commend ....................... 2876

SR 590--Rural Hospital and Health Care Study Committee ................... 2876

SR 591--Van Norte, Robert 0.; commend ................................... 2876

SR 592--Bussey, Mary Lee; honoring........................................ 2876

SR 593--Swanson, Cadet First Sargeant D.; commend ........................ 2876

SR 594--Cartersville/Bartow County Chamber of Commerce; commend ......... 2876

SR 595--Paulding County; Chamber of Commerce; commend

2877

SR 596--Rushing, William Robert; condolences to family...................... 2877

SR 597--Tanner Group of Vallejo, California; commend....................... 2877

SR 598--Harris, Marsha Taylor; commend ................................... 2877

SR 599--Leggett, Reverend Johnny L.; commend ............................. 2877

SR 600--Phillips, Honorable R. T. "Tom"; commend .................... 3207, 3399

SR 601--Albert, Honorable Frank; commend ............................ 3207, 3399

SR 602--Collins, Honorable Mac; commend ............................. 3207, 3399

SR 603--Villines, Colonel Aubrey T.; honoring ............................... 3207

SR 604--Williams, Reverend Clarence; congratulating ......................... 3207

SR 605--Haralson County; Chamber of Commerce; commend .................. 3207

SR 606--Paulding County; School System Superintendent and Board

of Education; commend............................................ 3207

SR 607--Rewis, Charles K.; commend ....................................... 3207

SR 608--Children's Hospital Week; Association, Care of Children; recognize . . . . 3207

SR 609--Walker, Senator Eugene P.; commend............................... 3207

SR 610--Hackney, John Marvin "Pete"; commend

.......... 3562

SR 611--Senate; Intern Program 1992 General Assembly Session;

commend......................................................... 3327

SR 612--Paulding County; Building Association; commend

3562

SR 613--Biggers, C. Lewis Luke; commend .................................. 3562

SR 614--Chastain, F. B.; sympathy at passing ............................... 3562

SR 615--Planchard, Charles T. Chet; sympathy at passing .................... 3562

SR 616--Paulding Council for the Arts; commend

3562

SR 617--Carver Heights Anti-Drug Program; commend ....................... 3562

SR 618--Vick, Connie Crider; sympathy at passing ........................... 3562

SR 619--Cohen, Mark H.; recognizing ....................................... 3562

SR 620--Smitha, W. O.; condolences at passing

3562

SR 621--Bridges, William Pete; commend ................................... 3563

SR 622--Ramsey, Honorable Tom; commend ................................. 3563

SR 623--Johnson, Honorable Don; commend ................................. 3458

INDEX

3615

PART II

HOUSE BILLS AND RESOLUTIONS

HB 9--State Boxing and Wrestling Commission Created

to Regulate Promoters and Events...................... No action in 1992

HB 12--Public Utilities; electric, gas, telephone

companies; limit alien, foreign ownership of voting

stock ................................................ No action in 1992

HB 15--License Plates; County Designation; alteration of;

special veterans plates ............................................ 77, 82

HB 37--Teachers Retirement; transferees from Employees'

Retirement ................................... 118, 122, 818, 886, 940, 945

HB 38--Employees' Retirement; disability retirees;

earnings limitations ........................... 252, 257, 818, 886, 940, 949

HB 39--Employees' Retirement; withdrawn contributions;

reestablish ................................... 118, 123, 818, 887, 940, 952

HB 41--Retirement Membership of New State Agencies ................... 119, 123,

818, 887, 940, 955

HB 62--Malt Beverages; who may produce for home

consumption................................................. 1050, 1090

HB 86--Marijuana; offense of trafficking; quantity

involved; punishment.................................. No action in 1992

HB 87--Juveniles Committing Drug Trafficking; designated

felony acts; prosecution; restrictive custody; confinement; drug

treatment ............................................ No action in 1992

HB 113--Municipalities; annexation procedures

715, 717, 1612,

1702, 1984, 2013, 2117, 2300, 2375, 2740, 3035, 3204

HB 124--Solid Waste; toxicity of heavy metals packaging;

regulation .................. 1171, 1174, 1750, 1839, 2088, 2260, 2363, 3203

HB 143--Land Surveyors; certification; qualifications; use of

seal; separate branch offices

1958, 2046, 2261, 2431, 3200

HB 150--Persons Under Age 21; alcoholic beverage possession;

penalties .......................... 711, 1239, 1331, 1709, 1765, 1813, 2670

HB 183--Judges; Superior Courts; retirement credit; transfer

prior service ........................................ 119, 123, 1052, 1090

HB 184--District Attorneys; retirement options; transfer

creditable service ......................... 119, 123, 1052, 1090, 1434, 1463

HB 196--Campaign Contribution Disclosure Reports; filing;

unopposed candidates ................... 77, 78, 79, 87, 90, 98, 99, 107, 120

HB 198--Elections; Referendums on Taxation Questions; date of

election; time period ................................. 77, 82, 97, 112, 116

HB 203--GeorgiaNet Authority; officers, employees; retirement

membership ........................ 119, 123, 1052, 1090, 1562, 1709, 1726

HB 207--Crime Information Center; dissemination; criminal

history records to county boards of registration and elections . .... 78, 79, 90

HB 213--Mental Health Hearings; out-of-county patient;

noncounty reimbursement; exams of incapacitated adults,

expenses; change

costs, fees ...................... 78, 82, 1751, 1984, 2710, 2799, 3003, 3142

HB 216--Teachers; Retirement; creditable service; establish for

pregnancy ................................ 119, 123, 1052, 1090, 1435, 1466

3616

JOURNAL OF THE SENATE

HB 218--MARTA; Annual Report and Payments Lists; notice of availability ........................................... No action in 1992
HB 219--MARTA; Police, Security; qualifications; immunity; jurisdiction; arrest powers.............................. No action in 1992
HB 221--MARTA; Reserve Funds; use of interest income for operating costs........................................ No action in 1992
HB 231--Housing Authority Police; arrest powers; conditioned upon peace officer training; contracts for police services .............................................. No action in 1992
HB 233--Ad Valorem Tax; fair market value criteria; land use restrictions .............................................. 78, 82, 97, 113
HB 235--Public Officers and Employees; Governing Bodies; filling of vacancies in office; appointments ............. 78, 83, 596, 682, 712
HB 240--Sexual Offenses; victims under age 16; exclusion, limitation on prosecution .................... 78, 83, 1502, 1622, 1676, 2668
HB 244--Inmates; illiteracy; required educational program; parole guidelines .................................. 1555, 1613, 1765, 1806
HB 245--Motor Vehicles and Traffic; License Plates; registration, certificates of title; driver's licenses; equipment; inspections; traffic offenses; revise, modernize, clarify ............ 1111, 2342
HB 248--Penal Institutions; inmate random drug tests; GBI investigage abuse ................................. 78, 83, 1609, 1852
HB 275--Smoking, Tobacco Use by Students Prohibited School Property, Bus ........................................ No action in 1992
HB 277--Firearms Protection for Minors Act; offense of criminal storage .......................... 1347, 1432, 1502, 1558, 1709, 1731, 2407,
2959, 3175, 3241, 3384, 3405, 3445 HB 298--Family Violence or Protective Order Violations;
felonious acts; arrest based probable cause; enforcement officer duties; notice to judge ................................. No action in 1992 HB 308--Juror Lists; use for commercial solicitation prohibited ........................... 78, 83 HB 309--Retirees; benefits; parttime service; earnable compensation ....................... 119, 124, 1052, 1090, 1516, 1562, 1586 HB 310--Legislative Retirement System; retirees; parttime state service ................................... 119, 124, 1052, 1090, 1709, 1732 HB 311--Teachers; disability retirement; effective date; benefits .................................. 715, 718, 1179, 1241, 1434, 1447 HB 314--Insurance; Motor Vehicle Accident Reparations Act; comprehensive revision ................................ No action in 1992 HB 318--Nonpublic Postsecondary Institutions; application; renewal; special administrative fees .............. 78, 83, 111, 140, 143, 191,
201, 292, 433, 438 HB 319--Nonpublic Postsecondary Institutions; default claims;
Tuition Guaranty Trust Fund participation; fees ........... 78, 83, 818, 892, 913, 3199
HB 324--Property; Criminally Derived; illegal drug activity; prohibit sell or exchange........................................... 3310
HB 328--Clinical Laboratories; chiropractor requests; specimen exams............................................................ 1329
HB 330--Cobb County; Millage Rate Determination; certification; adoption procedures ................................... No action in 1992
HB 332--Sales Taxes; exemption; items paid by Medicaid or Medicare ......................... 1878, 1894, 2045, 2052, 2711, 2901, 3101
HB 336--Contractors; payment of sales tax; surety bond requirements ............................................... 78, 83, 1838

INDEX

3617

HB 346--Teachers Retirement; Creditable Service; withdrawn

contributions; reestablish; interest payments ........................ 78, 84

HB 347--Liability or Casualty Insurers; claimant requests for

information; failure comply; sanctions

No action in 1992

HB 353--Teachers Retirement; membership; attendance

officers ................................. 1210, 1556, 1613, 1709, 2901, 3057

HB 354--Superior Court; Lookout Mountain Circuit; fourth

judgeship........................... 165, 170, 470, 557, 605, 681, 685, 1083

HB 358--DUI Alcohol or Drug Use Reduction Programs;

operators, instructors, criminal record checks; fees; corrections

facilities.............................................. No action in 1992

HB 373--Teachers; duty-free daily lunch period

No action in 1992

HB 375--Firearms; statewide regulation; preempt, prohibit local

regulation ............................................ No action in 1992

HB 394--State Employees; Retirement System; benefits; deceased

spouse; new spouse .................. 283, 286, 1179, 1241, 1562, 1622, 1679

HB 408--Mental Health; Patients; rights to suitable

treatment; psychologists scope of practice; discharge; discharge

procedures ....................................... 210, 261, 292, 408, 812

HB 424--Hospital Authorities; state grants for public health purposes

78, 84

HB 426--Child Support; nonpayment by unemployed parents; job

training .......................................... 1884, 1899, 2673, 2675

HB 451--Traffic Accidents Resulting Serious Injuries or

Fatalities; driver's license suspension to refuse submit chemical

test............................................ 78, 84, 151, 190, 196, 812

HB 456--Income Tax; capital gains; additional

adjustment .................................... 78, 84, 110, 140, 144, 2671

HB 457--Human Remains, Burial Objects; custodians; duties;

prohibited activities; disputes between tribes, descendants and

museums ............................... 1686, 1691, 1908, 1960, 2260, 2284

HB 494--License Plates; new, renewals, replacement, special,

commercial; fees

1830, 1831, 2236, 2674, 2675, 2902, 3124, 3394, 3409

HB 497--Cobb County; Board of Commissioners;

compensation ......................................... No action in 1992

HB 501--Sheriffs; appointees filling a vacancy; retirement

credit ................... 119, 124, 1179, 1241, 2261, 2411, 2711, 2840, 3200

HB 519--Deprived Children; foster care placement; case review;

additional period.................................. 1180, 1241, 2902, 3178

HB 521--Candidates for Any Public Office; contribution

limitations.......................... 810, 814, 1382, 1429, 1516, 1540, 1696

HB 532--Lee County; Board of Elections; repeal............................. 78, 84

HB 534--Gwinnett Circuit; superior court; sixth judgeship

78, 84

HB 538--Mammograms, Pap Smears, Prostate Tests; insurance

coverage .................... 1423, 1424, 1750, 1839, 1921, 1924, 1930, 2669

HB 550--Workers' Compensation; medical benefit charges;

employer failure to pay ................................ No action in 1992

HB 551--District Attorneys; emeritus; surviving spouse benefit

options........................... 1741, 1744, 1838, 1910, 2088, 2261, 2415

HB 559--Irrigation Contractors; provide for licensing,

regulation .................... 812, 814, 1050, 1090, 1434, 1444, 1447, 1488,

1852, 1921, 1942, 2013, 2139, 2399, 3000, 3204, 3305

HB 572--Juvenile Courts; office of senior judge created

No action in 1992

HB 573--Human Resources; Special Treatment Facilities; public

notice of proposed location ...

1171, 1175, 1427, 1504, 1709, 1718

HB 576--Funeral Directors, Embalmers; qualifications;

apprenticeship registration; duty of directors; crematories; deceased

license holders

78, 84, 1427, 1516, 1535, 3003, 3309

3618

JOURNAL OF THE SENATE

HB 586--MARTA; state, federal appropriations; eligibility; disbursement ..................... 2259, 2337, 3205, 3207, 3214, 3395, 3414
HB 588--Judicial Circuits; court administrators; retirement membership .............................. 283, 286, 1179, 1241, 1516, 1523
HB 598--Counties; special 1% sales tax; purposes; time limits; elections ............................... 1604, 1606, 1908, 1961, 2900, 2959
HB 599--Cobb County; Private Sector Survey Committee on Cost Control in County Government......................... No action in 1992
HB 601--Candidates for State Office; testing for illegal drugs defined; qualified laboratories; pauper's reimbursement ......... 1502, 1558, 1709, 2710, 2773
HB 602--Local Governing Bodies; investments of risk management and self-insurance funds ............................... No action in 1992
HB 610--Campus Police; law enforcement powers repealed; cities of 400,000 ............................................ No action in 1992
HB 613--License Plates; special; firefighters; authority for issuance ........................................ 78, 85, 720, 775, 824, 838
HB 631--Peace Officers; training; completion of basic course; time limit .................................... 463, 468, 720, 773, 824, 859
HB 634--Firemen's Pension Fund; creditable prior eligible service ............................. 120, 124, 1179, 1242, 2712, 2902, 3179
HB 635--Firemen's Pension Fund; benefits; revocation of spouse options............................. 165, 170, 1179, 1242, 1709, 2902, 3183
HB 654--Georgia Commission on Women; creation........................... 78, 85 289, 433, 484, 532, 1605
HB 659--MARTA; Police, Security; qualifications; immunity; powers; jurisdiction.................................... No action in 1992
HB 663--Gwinnett County; Millage Rate Resolutions and Ordinances; procedures; definitions; certification of taxable values................................................ No action in 1992
HB 664--Gwinnett County Recreation Authority; millage rate; determination; taxable value certification; resolutions ........................................... No action in 1992
HB 666--Development Authorities; board of directors; number of members ............................... 1082, 1084, 1238, 1331, 2902, 3173
HB 674--Public Roads; displaced wetlands; mitigation; property acquisition ........................................... No action in 1992
HB 681--Torts; limit liability for uncompensated medical care, health screening .................................. 1440, 1696, 1752, 2900
HB 682--State Court; judge and solicitor; salary .................. No action in 1992 HB 683--Juvenile Delinquency Cases; records inspection;
fingerprint, photo file.................................. No action in 1992 HB 695--Georgia Student Finance Commission, Higher Education
Assistance Corporation and Student Finance Authority; advertisement of programs ........................... 78, 85, 111, 140, 145
HB 707--Boat Safety Act; hazardous areas; safety zones; registration; boating under influence, blood alcohol content; flotation devices ........................ 78, 85, 720, 775, 824, 839
HB 708--Hunting, Fishing Licensed Bonded Agents; self-insurance; survey labels ................. 78, 85, 111, 140, 145, 191, 201
HB 711--Firemen's Pension Fund; membership; public safety administrators ........................... 120, 124, 1179, 1242, 1516, 1532, 1556, 1852, 1921, 1951, 2669
HB 720--Civil Actions; Stay of Proceedings; Soldiers' and Sailors' Civil Relief Act of 1940 .............................. 78, 85, 1910
HB 727--Education; Textbooks and Library Books; lost or damaged by pupils; sanctions ............... 78, 85, 926, 1095, 1434, 1438, 1580, 1656

INDEX

3619

HB 728--Agricultural Commodities; use during nonworking hours;

employer discrimination prohibited ..................... No action in 1992

HB 744--Local School systems; pilot projects; students at risk

and dropouts ......................................... No action in 1992

HB 750--Business and Occupation Tax; place of principal office;

utility contractors .............................................. 421, 483

HB 761--Investment Securities; secured interests ................. 165, 171, 597, 679,

727, 774, 777

HB 762--Uniform Commercial Code--Funds Transfers; governing

laws, rules ................................. 811, 814, 926, 1054, 1709, 1723

HB 801--Judges; transfer membership to District Attorneys'

Retirement System ............................ 252, 257, 818, 887, 940, 958

HB 824--Driver Training Schools; two-year licenses; minimum

surety bond; application fees ................................. 78, 86, 1179

HB 825--Counties; zoning proposal review procedures; separate

planning commissions ........................ 676, 722, 775, 824, 840, 2667

HB 826--Fulton County; Contracts; purchasing procedure;

resolution, ordinance; bids

No action in 1992

HB 828--Rabun County; Sheriff; compensation ............... 1738, 1747, 1909, 1915

HB 829--Public Service Commission; chairman; selection method;

seniority ........................................ 78, 86, 96, 113, 114, 158

HB 835--Handicapped Persons; mobility impaired persons and

their service dogs; right to equal accommodations

78, 86

HB 847--Criminal Cases; jurisdiction, venue; transfer of cases;

papers ........................................... 1877, 1893, 2673, 2676

HB 875--Bailable Offenses; superior court judge may delegate

authority .................................... 1556, 1613, 1708, 1717, 2669

HB 888--Insurers; use of aftermarket crash parts to settle a

claim .............................................. 810, 814, 1050, 1091

HB 900--Judges; retirees; senior judges; service to other

courts................... 252, 257, 1179, 1242, 1622, 1682, 1709, 1765, 1809

HB 901--Public Service Commission; special operating fees

apportioned among utilities; calculation ................. No action in 1992

HB 904--Insurance; direct response advertisers; deceptive

practices ................................ 284, 286, 675, 722, 775, 824, 841

HB 912--Teachers Retirement; public school employees; employer

contributions ..................... 1828, 1832, 2673, 2676, 2901, 3000, 3571

HB 914--Richmond County; Civil, Magistrate Courts; judge

emeritus; eligibility; retirement ............ 283, 286, 676, 722, 775, 824, 841

HB 919--Surface and Air Transportation Regional Authority;

creation by contiguous counties; membership; powers; bonds;

ordinance ....................................................... 78, 86

HB 926--Gwinnett County; Board of Commissioners; authority to

employ county historian ............................... No action in 1992

HB 933--State Employees; Drug Testing of Safety Sensitive and

Critical Personnel Act of 1991.......................... No action in 1992

HB 951--Hancock County; Board of Commissioners; compensation;

cost of living increases................................. No action in 1992

HB 952--Putnam County; Board of Commissioners; compensation;

cost of living increases................................. No action in 1992

HB 960--Cobb Judicial Circuit; district attorney, assistants,

chief investigator and investigators; salary

supplement........................................... No action in 1992

HB 961--Cobb County; Juvenile Court; judge; compensation ....... No action in 1992

HB 962--Cobb County; Tax Commissioner, Chief Clerk, and

Secretary; compensation ............................... No action in 1992

3620

JOURNAL OF THE SENATE

HB 963--Cobb County; State Court; criminal cases; procedures;

contempt punishment; solicitor; compensation,

retirement............................................ No action in 1992

HB 964--Cobb County; Superior Court; clerk and deputy; compensation ......................................... No action in 1992

HB 965--Cobb County; State Court; clerk and chief deputy clerk;

compensation ......................................... No action in 1992

HB 966--Cobb County; Probate Court; judge and clerk;

compensation ......................................... No action in 1992

HB 968--Living Wills; patients in a coma or vegetative state;

revise form ....................... 1041, 1958, 2046, 2260, 2301, 2307, 3200

HB 970--Cobb County; State Court; judges and associate judges;

annual salary ......................................... No action in 1992

HB 999--QBE; funding; media center computer hardware,

software; early elementary grades; use of per capita income

figures ........................................... 1422, 1424, 1958, 2046

HB 1004--Secretary of State; information, documents, copies; user

fees

............ 1740, 1744, 1908, 1961, 2087, 2260, 2372,

2710, 2790, 3175, 3242

HB 1006--Rockdale County; Board of Registrations and Elections;

repeal Act creating ................................ 1087, 1120, 1187, 1190

HB 1039--Factory Built Homes; dealers, installers; licensure;

regulate ................. 827, 849, 1117, 1118, 1182, 1515, 1519, 2446, 2955

HB 1045--Monroe County; Probate Court; jurisdiction; misdemeanor

cases............................................. 2221, 2227, 2873, 2878

HB 1052--Rockdale County; Recreational Authority; create

No action in 1992

HB 1053--Rockdale County; Board of Elections and Registration;

create ................................................ 928, 932, 933, 937

HB 1054--Chatham County; State Court; judges; compensation

No action in 1992

HB 1068--Mental Illness; emergency evaluations; clinical social

workers ..................... 1884, 1899, 2231, 2232, 2711, 2901, 3020, 3203

HB 1084--Lookout Mountain Circuit; district attorney; personnel; expenses ............................................... 1544, 1612, 1616

HB 1094--Hall County; Civil Service System; covered employees;

appeals of decisions ..................... 2838, 2867, 3205, 3208, 3214, 3571

HB 1097--Trust Accounts for Attorneys Acting as Trustees;

procedures .................................. 1687, 1691, 2673, 2676, 2902

HB 1100--McDuffie County; Motor Vehicle Registration; designated

periods............................................... 118, 124, 172, 189

HB 1102--Downtown Development Authorities; redevelopment agencies;

projects; powers; membership

283, 286, 817, 887, 940, 962, 1492

HB 1103--Development Impact Fee Ordinances; conformance date;

water, sewer hook-up and connection fees; procedures . 767, 769, 1238, 1331,

1434, 1437, 2671

HB 1106--Georgia Airport Development Authority Law;

enact ....................... 1129, 1502, 1558, 2087, 2197, 2207, 3175, 3243

HB 1107--City Clerks; training course; establishment of;

expenses ................................ 147, 150, 596, 679, 727, 774, 778

HB 1108--Randolph County; Board of Commissioners; when compensation

not paid ............................................. 118, 125, 172, 189

HB 1109--Building Codes; minimum standards; state or local;

compliance

1827, 1832, 2237, 2672, 2676, 2902,

3186, 3446, 3551

HB 1111--Catoosa County; Superior Court Clerk; clerical help; increase allowance..................................... 118, 125, 260, 263

HB 1112--Catoosa County; Board of Commissioners; election

districts; reapportion; compensation; personnel; special

sessions .............................................. 203, 209, 260, 263

INDEX

3621

HB 1114--Counties of 400,000 or More; boards of equalization;

assessment services................ 1543, 1544, 1839, 1910, 1978, 1981, 2871

HB 1116--Counties, Municipalities; jurisdiction; service of

process........................... 1827, 1832, 1959, 2047, 2260, 2322, 3199

HB 1117--Ad Valorem; additional boards of equalization; population

provisions ................................... 1544, 1545, 1839, 1910, 1979

HB 1118--Tax Assessors; joint boards; appeals and review of

assessments ................................. 1544, 1545, 1839, 1911, 1979

HB 1120--Concealed Weapons Offenses; exempt certain state court

personnel........................................... 424, 426, 1909, 1961

HB 1121--Traffic Offenses; reports by courts through electronic

methods...................................... 165, 171, 556, 600, 682, 713

HB 1124--Ad Valorem; tax assessors; duties; appeals; appraisal staff

used ....................................................... 1171, 1175

HB 1125--Ethics; Public Officials Conduct and Lobbyist Disclosure

Act ................................... 1883, 1897, 2230, 2232, 2710, 2718,

2773, 2775, 2870, 2914, 3461, 3573

HB 1128--Harris County; Coroner; increase monthly salary in addition

to expense allowance .................................. 118, 125, 172, 189

HB 1129--State Officials; compensation; methods of making future

changes.; .................................................... 1741, 1744

HB 1136--Felony Cases; trial upon accusations filed by district

attorney.................................. 811, 814, 1502, 1558, 1622, 1668

HB 1144--Pawnbrokers; liens on pawn transactions, advertising;

regulate ............................ 715, 718, 1050, 1091, 1562, 1595, 2669

HB 1145--Fees; motor vehicle licenses, permits, plates, titles,

tags, IDs .................... 1422, 1424, 1908, 1961, 2087, 2089, 2733, 2741

HB 1146--Dealer, Vendor Compensation Fee for Collecting Certain

Taxes; rate ............................ 1380, 1381, 1908, 1961, 2087, 2117,

2136, 2220, 2872

HB 1149--Contracts with Counties for Use of Jails; fines due jail

fund ..................................... 165, 171, 1179, 1242, 1435, 1486

HB 1150--Student Loans; service cancelable; gerontology, geriatric

degrees.................................. 423, 426, 484, 720, 773, 824, 860

HB 1151--Official Georgia State Theater; Springer Opera House in

Columbus .................................. 423, 426, 884, 930, 1094, 1105

HB 1156--Abandoned Vehicles; offense of leaving accessible to

children ....................... 463, 468, 1052, 1091, 3360, 3374, 3375, 3457

HB 1157--Lookout Mountain Judicial Circuit; assistant district

attorney..................................... 1825, 1835, 1960, 2047, 2256

HB 1158--Lookout Mountain Circuit; superior court; judges; expense

allowance ................................... 1825, 1835, 1960, 2047, 2257

HB 1162--Board of Human Resources; change composition .................. 424, 426,

1051, 1091, 1562, 1593, 2669

HB 1163--Oglethorpe County; Board of Education; members; election

districts; reapportion .......................... 147, 150, 172, 189, 190, 284

HB 1164--Oglethorpe County; Board of Commissioners; election

districts; reapportion .......................... 147, 150, 172, 189, 190, 284

HB 1167--Wilkinson County; Board of Education; election districts;

change composition ................................. 164, 169, 1180, 1185

HB 1168--Wilkinson County; Board of Commissioners; election

districts; change composition ......................... 164, 170, 1180, 1185

HB 1169--Biomedical Waste Disposal Facilities; permits; site

selection

...

1044, 1047, 1959, 2047, 2901, 3004, 3203

HB 1170--Inmates; medical care furnished while incarcerated; payment

liability ................................ 1171, 1175, 1749, 1840, 2261, 2415

3622

JOURNAL OF THE SENATE

HB 1172--Jones County; Board of Commissioners; election districts;

qualifications ......................................... 164, 170, 260, 263

HB 1173--Jones County; Board of Education; election districts;

change composition ................................... 203, 209, 556, 558

HB 1175--Incapacitated Adults; guardianship hearings; physician,

psychologist expenses.............................. 1233, 1235, 1427, 1504

HB 1181--Garbage or Trash; publicly provided containers;

prohibitions ...................................... 1739, 1744, 1910, 1961

HB 1185--Sentencing; sexual offenses; enticing child for indecent

purpose .................................. 165, 171, 1087, 1120, 2260, 2280

HB 1187--Controlled Substances Therapeutic Research Act;

unauthorized use.......................... 165, 171, 1087, 1120, 2260, 2336

HB 1188--OCGA; revisions, modernizations; reenact statutory

portion.................................. 166, 171, 289, 431, 485, 566, 579

HB 1189--Elections; Code Title 21; correct typographical

errors ................................... 166, 172, 289, 431, 485, 566, 579

HB 1193--Scale Mechanics; inspection of weights, measures;

registration; fees .......... 283, 287, 596, 679, 727, 774, 824, 845

HB 1194--Frozen Desserts; food service permits; board of health

regulate .......................... 1109, 1114, 1501, 1558, 2088, 2901, 2968

HB 1195--Honeybee Colonies; destroyed property; reduce

compensation ............................ 252, 257, 596, 679, 727, 774, 779

HB 1196--Pesticides; local regulation prohibited; variance

petitions ........................... 549, 553, 1118, 1182, 1562, 1582, 2671

HB 1197--Bird Dealers; licenses; increase annual fees ....................... 252, 257,

596, 679, 727, 774, 779

HB 1198--Agriculture; grain dealers; state license fees ....................... 810, 815,

1329, 1384, 2900, 3115

HB 1199--Tobacco; flue-cured leaf tobacco auction sales; license

fees ..................................... 283, 287, 596, 679, 727, 774, 780

HB 1200--Commercial Feeds, Pet Food; regulation of; prohibited

acts................................. 714, 718, 926, 1054, 2087, 2260, 2335

HB 1201--Animal Kennels, Stables, Shelters, Pet Dealers; license

fees ................. 592, 594, 926, 1054, 1709, 2088, 2261, 2386

HB 1202--Health; Insurance; group plans; continuation of coverage

rights ............................ 1083, 1084, 2045, 2052, 2711, 2829, 3199

HB 1203--Dead Bodies or Body Parts; unlawful incineration or

cremation ............................... 548, 553, 597, 679, 727, 774, 781

HB 1204--Historic Courthouses; relocation of county offices;

referendum ......................................... 262, 263, 1330, 1384

HB 1206--Twiggs County; Tax Commissioner; compensation; personnel,

compensation ....................................... 164, 170, 2232, 2239

HB 1207--Twiggs County; Sheriff; compensation; benefits;

personnel. .......................................... 164, 170, 2232, 2239

HB 1208--Twiggs County; Probate Court; judge; compensation;

benefits; personnel .................................. 164, 170, 2232, 2239

HB 1209--Twiggs County; Superior Court Clerk; compensation;

benefits; personnel .................................. 164, 170, 2232, 2239

HB 1210--Loan Brokers; unfair or deceptive practices; criminal

penalty ............................ 922, 924, 1116, 1182, 1516, 1545, 2667

HB 1211--Municipal Courts; jurisdiction; criminal trespass

cases............................. 1233, 1235, 1556, 1614, 1921, 1984, 2029

HB 1212--Excise Tax on Rooms, Lodging; authority; certain local

governments ........

1210, 1211, 2230, 2233, 2711, 2902, 3159, 3570

HB 1216--Municipal Courts; authority; certain driver's license

violations ................................ 251, 257, 1179, 1242, 1434, 1443

INDEX

3623

HB 1219--Accountants; alleged negligence; filing period to recover

damages ............................... 1082, 1084, 1555, 1614, 2261, 2392

HB 1225--Warehouseman; license, inspection fees; receipts as

collateral .............. 1045, 1047, 1329, 1384, 1922, 2711, 2828, 3031, 3165

HB 1226--Oglethorpe County; Coroner and Deputy Coroner;

compensation ......................................... 165, 170, 260, 263

HB 1229--Municipal Employees' Benefits; membership; local

authorities.......................... 252, 257, 1052, 1091, 1435, 1516, 1538

HB 1230--Public Schools; retirement applicants; benefit

payments .......................... 252, 258, 1179, 1242, 2088, 2261, 2388

HB 1231--Newton County; Development Authorities; board of

directors; authority........................... 1231, 1237, 1383, 1430, 1514

HB 1232--Contracts Between State Agencies and Nonprofit

Contractors.............................. 423, 426, 596, 680, 727, 774, 782

HB 1233--Rural Development State Advisory Committee; members;

appointment................................ 423, 426, 884, 930, 1095, 1107

HB 1234--Retirement and Pensions; Code Title 47; correct

errors ................... 464, 468, 1179, 1243, 1435, 1516, 1562, 1622, 1678

HB 1236--County Police Force; creation; special election;

procedures ............................ 573, 590, 602, 885, 930, 1095, 1106

HB 1238--Probate; civil cases; default judgments; open for cause;

grounds ....................... 810, 815, 1383, 1430, 2088, 2902, 3163, 3570

HB 1241--Agricultural Products; transfer of ownership between

producer and dealer; conditions ...

810, 815, 1329, 1385,

1435, 1516, 1562, 1589

HB 1243--Taxation Questions; time period issue call for local

election .......................................... 1045, 1047, 1749, 1840

HB 1244--Twiggs County; Board of Commissioners; election districts;

reapportion.............................. 251, 258, 556, 558, 560, 566, 715

HB 1245--Twiggs County; Board of Education; election districts;

reapportion.............................. 251, 258, 556, 558, 562, 566, 715

HB 1251--Liberty County; Board of Commissioners; election districts;

change composition ................................... 251, 258, 556, 558

HB 1252--Liberty County; Board of Education; election districts;

reapportion; compensation ............................. 251, 258, 556, 558

HB 1253--Effingham County; Board of Commissioners; composition;

six members; election; terms; vacancies; compensation . 251, 258, 556, 558

HB 1254--Twiggs County; Board of Commissioners; meetings not

conducted on Sundays; county attorney ................. 203, 209, 885, 889,

890, 1103, 1105, 1111, 1204, 1319, 1324

HB 1255--Counties; utility construction projects; acceptable

materials ...................................................... 767, 769

HB 1256--Amusement Machines; coin operated; exempt sales tax;

provide for operator licenses, permit fees ................. 1604, 1607, 1749,

1840, 2260, 2376

HB 1257--Ty Ty, City of; new charter ............................ 203, 209, 556, 558

HB 1261--Appropriations, General; State FY 1992-1993

1818, 1819, 1907,

1961, 2087, 2139, 2181, 2375,

2403, 2407, 2435, 3504, 3573

HB 1262--Appropriations, Supplemental to HB 1EX, FY 1991-1992

250,

288, 432, 484, 488, 573, 575, 580,

582, 623, 667, 672, 1531

HB 1263--Ad Valorem Tax; boats; tax situs; 184 days or more

requirement ............................ 1205, 1501, 1558, 1622, 1673, 2670

HB 1265--Horses, Mules, Asses; Humane Care for Equines Act ......... ....... 1323,

1326, 1609, 1703, 1984, 2902, 3360, 3373, 3374, 3389

3624

JOURNAL OF THE SENATE

HB 1269--Broxton, City of; City Council; terms; election; provide

municipal court and judge ............................. 251, 258, 556, 558

HB 1270--Nuisances; unfit structures; service of complaint to

nonresidents ................................ 1421, 1424, 1611, 1703, 1852,

1922, 1984, 2037

HB 1272--Insurers; capital and surplus; extension to meet

requirements ....................... 283, 287, 675, 723, 775, 824, 844, 2667

HB 1275--Traffic Violations; points, fines assessed; attend driver

improvement program in lieu of ............ 284, 287, 1238, 1331, 1984, 2030

HB 1276--Child Support; health insurance premiums; payroll

deduction .................................... 548, 553, 818, 887, 940, 972

HB 1277--Child Support; locating absent parents; information, DHR

registry; income tax returns; paternity proceedings, evidence

463, 468,

1959, 2047, 2902, 3122, 3569

HB 1279--Ad Valorem Tax; heavy construction equipment

vehicles .......................................... 1170, 1175, 1502, 1559

HB 1282--Limousines; carriers, chauffeurs; permits; licenses;

regulations .................................................. 1172, 1175

HB 1283--Real Estate Broker, Salespersons; trust funds; exclusive

contract.................................. 879, 882, 1116, 1182, 1516, 1543

HB 1284--Industrialized Buildings; factory built; construction

standards; violations; civil actions; inspection ............... 921, 924, 1238,

1331, 1622, 1670

HB 1286--Ad Valorem Tax; freeport exemption; qualifying procedures;

elections ...................... 812, 815, 1502, 1559, 1922, 1983, 2006, 2670

HB 1287--Tuition Equalization Grants; redefine "approved

school".................................... 592, 594, 927, 1054, 1516, 1532

HB 1288--Judicial Circuits; creation of a new Enotah Judicial

Circuit .................................. 423, 426, 1051, 1091, 1434, 1440,

1580, 1708, 1725, 1809, 3006, 3204

HB 1289--Appraisers of County Property for Tax Purpose; license

exception.................................................... 1045, 1048

HB 1290--Roofing Contractors; regulation of; create new licensing

division ............................... 1324, 1327, 1749, 1840, 2261, 2421,

2422, 2663, 2900, 2922, 3204

HB 1294--Homicide by Aircraft; operating under influence of alcohol,

drugs ......................... 463, 468, 1610, 1703, 1852, 2088, 2260, 2239

HB 1296--Students; victims of crimes; duties of criminal agencies;

reports ................................... 282, 287, 1610, 1703, 1765, 1816

HB 1297--Fees; regulated entities of Commissioners of Insurance,

Safety Fire and Industrial Loans; revise amounts

1323, 1327, 1555,

1614, 1709, 1764, 1804, 3202

HB 1299--Taxation; incorporate provisions of federal law into

Georgia law ...................... 1110, 1114, 1501, 1559, 1709, 1765, 1817

HB 1306--Employers; income taxes; change return filing

deadlines ....................................... 548, 554, 927, 1054, 1709

HB 1307--Motor Carrier Road Tax; redefine vehicles transporting

property ......................................... 1887, 1902, 2045, 2052

HB 1308--Liquefied Petroleum Gas; applicable governing

standards .................................. 1232, 1236, 1427, 1504, 1562,

1622, 1670, 1708, 1716, 2872

HB 1310--Twiggs County; Refuse Receptacle Placement; update figures

describing county ................................ 671, 674, 885, 930, 1059

HB 1311--General Assembly; members; air travel reimbursement;

limitations........................ 1233, 1236, 2672, 2676, 2902, 3166, 3569

HB 1312--Immunization; preschool age child; public assistance

eligibility......................... 1044, 1048, 1427, 1504, 2901, 2974, 3569

INDEX

3625

HB 1314--Telephone Classified Advertising Directories; deceptive

practices ......................... 1421, 1425, 1749, 1840, 2088, 2261, 2435

HB 1316--Dasher, City of; new charter ........................... 282, 287, 556, 559

HB 1317--Lake Park, City of; mayor and council; time of

elections ............................................. 282, 288, 556, 559

HB 1319--Forsyth County; Board of Education; election districts;

qualifications; terms; compensation; referendum

1489, 1499,

2046, 2057, 2067, 2259, 2283

HB 1320--Forsyth County; Board of Commissioners; election districts;

change composition ............................... 1379, 1382, 1503, 1506

HB 1321--Forsyth County; Board of Commissioners; purchase amount

without necessity of bids .............................. 282, 288, 556, 559

HB 1322--Hunting, Trapping of Wildlife; seasons and bag limits;

legal weapons; trap IDs; permits, licenses; requirements 1687, 1692, 1959,

2047, 2710, 2763, 3200

HB 1324--Fishing; public areas, certain streams, reservoirs;

possession limits; use of bows and arrows; exotic fish permits

1705,

1719, 1959, 2047, 2901, 2973

HB 1325--Official State 'Possum; designate Pogo created by Walt

Kelly ........................................... 463, 468, 884, 930, 2711

HB 1337--House of Representatives; 180 reapportioned election

districts ...................................... 592, 594, 720, 773, 824, 861

HB 1340--House of Representatives; 180 reapportioned election

districts ..................... 1547, 1552, 1959, 2048, 2260, 2279, 2525, 2662

HB 1342--Controlled Substances and Dangerous Drugs; change

listings ................................. 1110, 1115, 1958, 2048, 2901, 3117

HB 1344--Insurers; regulatory financial transactions; examination

reports; administrative supervision . . . . 810, 815, 1427, 1505, 1709, 1764, 1785

HB 1346--Insurance; Unfair Claims Settlement Practices Act

1605,

1607, 1958, 2048, 2710, 2712, 3202

HB 1347--Insurance; deceptive practices by health care services

as inducement to attract patients .......................... 284, 287, 1051,

1091, 2088, 2901, 3082, 3201

HB 1350--Georgia Board of Landscape Architects; extend to 1994

423,

427, 597, 680, 727, 774, 783

HB 1351--Hall County; Board of Commissioners; election districts;

change composition ................................. 920, 924, 1052, 1056

HB 1352--Hall County; Board of Education; election districts;

reapportion........................................... 591, 595, 720, 725

HB 1353--Hall County; Board of Commissoners; change expense

allowances ............................................ 282, 288, 556, 559

HB 1354--Henry County; Board of Education; election districts;

reapportion ........................................... 547, 554, 720, 725

HB 1355--Henry County; Board of Commissioners; election districts;

reapportion ........................................... 547, 554, 720, 725

HB 1356--Childcare; school age children; authority of public

schools ................................. 1421, 1425, 1609, 1703, 2260, 2381

HB 1357--Juvenile Courts; judges; practice of law; repeal

prohibition; circuits of 160,000 or more .......... 423, 427, 1087, 1120, 1188

HB 1358--Juvenile Courts; judges; practice of law; prohibition;

exception; circuits of 180,000 or more ............ 423, 427, 1087, 1120, 1189

HB 1359--Mitchell County; Board of Commissioners; election

districts; change composition ....................... 1547, 1554, 1751, 1755

HB 1361--Official State Folk Art Festival; designate Georgia Folk

Festival ................................ 1604, 1607, 1958, 2048, 2900, 2953

HB 1362--State Courts; contracts to furnish municipal court

services ................. 464, 469, 1502, 1559, 1709, 1852, 1921, 1983, 2000

3626

JOURNAL OF THE SENATE

HB 1364--Fulton County; residential development vicinity of any lake

requires preclearance ................................ 878, 883, 1503, 1506

HB 1366--Mitchell County; Board of Education; election districts;

reapportion; implement consent decree 1738, 1747, 2046, 2057, 2072, 3200

HB 1367--Clayton County; Board of Education; election districts;

modify to reflect 1990 Census ......................... 671, 675, 819, 822

HB 1368--Clayton County; Board of Commissioners; election districts;

reapportion........................................... 591, 595, 819, 822

HB 1369--Electors; absentee ballots; applications; delivery to

hospital patients; oath of persons assisting; electors accompanied by

children ..................... 592, 594, 817, 887, 940, 1060, 1070, 2436, 2761

HB 1370--Bryan County; Board of Commissioners; elections

districts; reapportion; terminate present term of vice-chairman;

referendum ........................................... 591, 595, 720, 725

HB 1371--County School Superintendents; change residency

requirements .................. 592, 594, 1050, 1091, 1562, 1709, 1765, 1815

HB 1372--Elections; polling places; access of handicapped persons;

persons ineligible serve as poll officers; candidate qualifying;

ballots ............................. 671, 674, 1749, 1840, 2711, 2902, 3167

HB 1374--Elections; Municipal; contested primaries, elections;

grounds; procedures .................... 714, 718, 817, 887, 940, 1060, 1071

HB 1375--Community Service Organizations Benefiting Young People;

exempt ad valorem property tax; referendum approval

1828, 1832

HB 1377--Income Taxes; taxable nonresidents; professional athletes

or entertainers; redefine wages ........... 1883, 1897, 2045, 2053, 2261, 2387

HB 1378--County Real Estate Deed Records; inspection of computerized

index .................................. 1324, 1327, 1909, 1961, 2260, 2339

HB 1379--Effingham County; Board of Education; election districts;

reapportion ........................................... 547, 554, 720, 725

HB 1380--Voter Registration; issuance of new cards required by

court order or reapportionment; reimbursement to counties ........ 714, 718,

817, 887, 940, 1060, 1072

HB 1381--Bryan County; Board of Education; election districts,

posts; reapportion; referendum ......................... 591, 595, 720, 725

HB 1382--Effingham County; Board of Commissioners; election

districts; reapportion .................................. 547, 555, 720, 725

HB 1385--Scrap Tire Management Program; implementation; corrective

actions; tax on sale of new tires ......................... 1828, 1832, 1959,

2048, 2710, 2736

HB 1386--Solid Waste Management; definitions; local plans

deadline; landfills; biomedical sites; recycling programs; taxes, fees,

assessments ...................... 1422, 1425, 1750, 1840, 1984, 2087, 2260,

2285, 2382, 2664, 3201

HB 1387--Natural Resources Department; volunteer services

programs ............................ 463, 469, 927, 1054, 1516, 1562, 1578

HB 1388--Georgia Uniform Conservation Easement Act; enact; repeal

Facade and Conservation Easements Act of 1976

488, 554,

927, 1055, 1622, 1666, 2668

HB 1389--Coastal Marshlands Protection; regulate activities,

structures .......................... 921, 924, 1118, 1183, 1434, 1451, 2670

HB 1390--Water Resources; streams, rivers, tidewaters; unlawful

structures ..................... 879, 882, 1118, 1183, 1337, 1354, 2437, 2743

HB 1391--Environmental Facilities Authority; loans; solid waste

projects ................................ 1739, 1744, 1959, 2048, 2260, 2312

HB 1392--Hunting, Fishing, Trapping; license fee increases,

changes; fund acquisition of fish and wildlife habitat,

public recreation areas ....... 1172, 1175, 1239, 1331, 1435, 1516, 1530, 1689

INDEX

3627

HB 1393--Butts County; Board of Education; election districts; reapportion........................................... 766, 770, 885, 890
HB 1394--Hazardous Waste Management Activities; comprehensive revisions; surcharge fees; trust fund; effectuation of corrective action at sites .................... 1603, 1607, 1750, 1840, 1921, 1948, 2671
HB 1395--State Tax Collections; payment by Electronic Funds Transfer ............................... 1129, 1130, 1501, 1559, 1622, 1671
HB 1396--Highways; load limitation enforcement; fines; sharing of revenues ................................. 880, 882, 1118, 1183, 1921, 1950
HB 1397--Unclaimed Property; times periods; subject custody of state ................................... 1549, 1552, 1749, 1840, 2710, 2798
HB 1398--Atlanta Judicial Circuit; assistant district attorneys; salary ............................................ 1170, 1177, 1428, 1432
HB 1399--Job Tax Credits; income taxes; businesses in less developed areas ................................. 1827, 1832, 2045, 2053, 2261, 2399, 2436, 3394, 3401
HB 1400--State Funds; cash management policies; interest earnings ................................ 1171, 1176, 1426, 1505, 1562, 1584
HB 1401--Birth Certificates; parent's social security number required............................ 879, 882, 1383, 1430, 1709, 1725, 2668
HB 1403--Cobb County; Civil Service Board; members; terms of office; expiration date ....................................... 422, 428, 556, 559
HB 1405--Tax Amnesty Program Act; enact ....................... 1887, 1902, 2045,
2053, 2261, 2390 HB 1408--Counties; planning, zoning; areas of inactive
municipalities .......................... 1379, 1381, 1612, 1703, 2261, 2459 HB 1409--Butts County; Board of Commissioners; election districts;
reapportion; terms .................................... 766, 770, 885, 889 HB 1411--Fulton County; school taxes; homestead exemption for full
value; residents 70 years or over; referendum ................... 1170, 1177 HB 1412--Environmental Education, Recycling Programs for Public
Schools ............................ 879, 882, 1116, 1183, 1562, 1591, 2670 HB 1413--Bulloch County; Board of Commissioners; compensation;
chairperson, parttime duties............................ 422, 428, 556, 559 HB 1420--Sharecropping Agreements; secured transactions; production
loans ............................................ 1883, 1897, 2673, 2676 HB 1427--Heard County; Board of Education; election districts;
reapportion ........................................... 766, 770, 885, 890 HB 1428--Property Tax Litigation; prerequisite; payment of taxes
assessed .......................................... 1885, 1900, 2673, 2676 HB 1429--State Tollway Authority; projects; contracts with private
persons, entities; bids; toll revenues; bonds; membership ......... 1044, 1048, 2672, 2677, 2902
HB 1430--Talbot County; Superior Court Clerk; change annual salary ................................................ 422, 428, 556, 559
HB 1431--Talbot County; Tax Commissioner; salary; personnel; commissions, fees, funds ............................... 422, 428, 556, 559
HB 1432--Talbot County; Sheriff; change compensation ............ 422, 428, 556, 559 HB 1433--Talbot County; Probate Court; judge; provide salary,
abolish fee system; personnel; office operating expenses 422, 428, 556, 560 HB 1434--Hearing Aids; selling and dispensing; licensed
audiologists............................... 811, 815, 1329, 1385, 1516, 1526 HB 1435--Evidence; privileged communication; psychiatrists,
psychologists ..................................... 1422, 1425, 2231, 2233 HB 1436--Cobb County; Board of Education; chairman, members;
compensation ......................................... 462, 469, 928, 932

3628

JOURNAL OF THE SENATE

HB 1437--Coliseums; alcoholic beverages sales; counties over

140,000 ............................................ 488, 554, 1238, 1332

HB 1439--Industrial Air Pollutants; emissions; environmental

compliance ............................. 1740, 1745, 1959, 2048, 2261, 2392

HB 1440--Vehicle Emission Inspections Stations; standards;

regulations .................................. 1074, 1179, 1243, 1562, 1579

HB 1443--Catoosa County; Board of Tax Administrators; abolish;

provide for county board of tax assessors................ 462, 469, 598, 603

HB 1444--Catoosa County; Utility District and Board of Utilities

Commissioners; procedures to abolish; referendum approval ........ 462, 469,

1330, 1334, 1689

HB 1445--License Plates; special; National Guard reservists; units

in adjoining state ....................... 1421, 1425, 1750, 1841, 1921, 1940

HB 1447--Bicycle Riders; riding on roadways; designated bicycle

paths .............................. 879, 882, 1118, 1183, 1562, 1983, 1990

HB 1450--District Attorneys; employ victim, witness assistance

personnel

1877, 1894, 2673, 2677, 2902, 3176

HB 1451--Alcoholic Beverages; sales on Sundays at coliseums; certain

counties .......................... 1688, 1692, 1908, 1962, 2902, 3176, 3569

HB 1453--Parks, Historic Sites, Recreation Areas; rules,

regulations; violations; probate court jurisdiction .......... 1171, 1176, 1556,

1614, 1765, 1815

HB 1454--Bibb County; Board of Commissioners; election districts;

reapportion

591, 595, 720, 726

HB 1455--Wrens, City of; City Councilmen; election procedures;

taking of office; terms ................................. 462, 469, 598, 603

HB 1456--Evans County; Board of Education; election districts;

reapportion.................

.... 591, 595, 720, 726

HB 1457--Evans County; Board of Commissioners; election districts;

reapportion ........................................... 592, 595, 721, 726

HB 1458--Cobb County; Board of Commissioners; election districts;

reapportion.................................................... 592, 595

HB 1459--Vehicles Transporting Manufactured Homes; single trip

permits ............................ 767, 770, 1118, 1183, 1516, 1562, 1580

HB 1460--Ad Valorem Tax; heavy construction equipment subject

taxation .......................... 1110, 1115, 1501, 1559, 2711, 2901, 3116

HB 1462--Driver's License; suspension; mandatory; fraudulent

applications; commercial application fees, exempt inmates

1686, 1692,

1750, 1841, 1984, 2012

HB 1465--Barrow County; Board of Education; election districts;

reapportion......................................... 920, 925, 1087, 1093

HB 1466--Fort Oglethorpe, City of; designation; provide for city

council............................................... 462, 470, 598, 603

HB 1467--Carl, Town of in County of Barrow; new charter ......... 462, 470, 720, 725

HB 1469--MARTA; costs; compliance with certain regulations; use of

revenues ............................................. 592, 594, 819, 822

HB 1470--Buses for Hire; civil actions; presumption of negligence

repealed

1045, 1048, 1502, 1559, 1709, 1729

HB 1471--Public Transit Bus, Rail, Terminal; unlawful to sell,

make altered tokens, transfers, transaction card to gain entry ...... 592, 594,

819, 888, 940, 1060, 1073

HB 1474--Theft; fraudulent receipt of rental property; criminal

offense ................................. 1830, 1832, 2045, 2053, 2902, 3156

HB 1476--Workers' Compensation; rates; restrict adverse experience

factors ........................... 1172, 1176, 1427, 1505, 1709, 1764, 1805

HB 1478--Flashing or Revolving Blue Lights on Vehicles; unlawful

use of.................................. 1490, 1497, 1750, 1841, 2902, 3174

INDEX

3629

HB 1479--Rockdale County; School Taxes; homestead exemption; age 65

or disabled; referendum................................ 462, 470, 598, 603

HB 1481--Clarke County; Ad Valorem Taxes; homestead exemption;

persons 65 or over; referendum ....................... 462, 470, 1384, 1386

HB 1482--Professional Standards Commissions; authority, teacher

certification; membership; expenses; executive director ............. 767, 770,

2230, 2233, 2710, 2803, 3031,

3322, 3361, 3365, 3406, 3572

HB 1487--Vehicles Transporting Loads; offense of failure to

secure ........................... 1110, 1115, 1556, 1614, 1764, 1792, 2667

HB 1489--Local School Superintendents; qualifications; business

management................................................. 1491, 1498

HB 1490--Local Schools; superintendents; per diem expenses;

certification; trusts created by gifts, grants, bequests ............ 1828, 1833,

2230, 2233, 2900, 2907, 3201

HB 1491--Athens-Clarke County; commissioners; election districts;

audits............................................ 1880, 1894, 1960, 1966

HB 1492--Athens-Clarke County; state court; solicitor;

compensation ......................................... 462, 470, 598, 603

HB 1493--Clarke County; Board of Education; election districts;

reapportion; audits ................................ 1881, 1894, 1960, 1966

HB 1495--Chattooga County; Board of Commissioners; election

districts; reapportion ................................ 920, 925, 1087, 1093

HB 1497--Beverages; standards, labeling; water represented as

"spring water" or "natural spring water" .................... 711, 712, 927,

1055, 1764, 1786, 1789, 1824, 2710, 2738, 3203

HB 1498--Madison County; Ad Valorem Taxes; homestead exemption;

elderly residents; referendum........................... 463, 470, 598, 604

HB 1499--Barnesville, City of; administration of; personnel; change

provisions ............................................ 547, 555, 720, 725

HB 1502--Business Opportunity Sellers, Multilevel Distribution

Companies; requirements; contract disclosure; prohibited acts 1323, 1327,

2045, 2053, 2901, 2972, 3569

HB 1503--Fire Protection and Safety; Minimum Standards; state-wide

application; enforcement; special hazards . . 1232, 1236, 1556, 1614, 1765, 1812

HB 1506--Riceboro, City of; new charter .......................... 548, 555, 720, 725

HB 1508--Driver's License; reinstatement; certificates of

completion of DUI clinics, programs approved other states . 879, 883, 1239,

1332, 1434, 1442

HB 1517--DeKalb County; Ordinance Violations; maximum fines may

impose ............................................. 878, 883, 1239, 1245

HB 1518--Commercial Agency Relationships; conditional power of

attorney.................................. 879, 883, 1383, 1430, 2088, 2711

HB 1519--Child Support; orders; payments until child completes

education; DHR as petitioner; cost recovery for services;

URESA cases ............................ 715, 718, 1502, 1559, 1984, 2010,

2827, 2956, 3032, 3082, 3452, 3572

HB 1520--Wills; administrator; beneficiary entitled express choice;

trustee ................................... 921, 924, 1238, 1332, 1434, 1450

HB 1523--Sexual Assault Against Persons Under Psychotherapeutic

Care ............................. 1041, 1041, 1696, 1753, 1921, 1946, 2669

HB 1528--Child Custody; parents' choice to use joint custody

agreement.............................. 1490, 1498, 1751, 1841, 1921, 1931

HB 1530--State Patrol; promotion procedures; disciplinary actions;

internal affairs investigators; abolish Disciplinary Board

1044, 1048,

1556, 1614, 1709, 1719, 1723, 2670

3630

JOURNAL OF THE SENATE

HB 1532--Insurers; investments; underwriting of vehicle service

agreements; group health, contributions for spousal coverage 1490, 1498,

1958, 2048, 2710, 2902, 3118, 3568

HB 1533--Alcoholic Beverages; sales in restaurants, clubs; Morgan

County........................................ 811, 815, 1087, 1121, 1187

HB 1534--Death Certificates; filing; disposition permits; time

period ...................... 1687, 1692, 1958, 2048, 3360, 3374, 3375, 3424

HB 1537--Atlanta-Fulton County; joint board of tax assessors;

abolishment ...................................... 1544, 1545, 2873, 2874

HB 1539--Household Goods Carriers; invalid certificate; fines,

assessments ........................ 811, 816, 1501, 1560, 2710, 2901, 3099

HB 1540--Livestock; registered marks or brands; leased; liability of

purchaser, seller ............. 1686, 1692, 2045, 2053, 3360, 3374, 3375, 3457

HB 1541--Georgia Lottery for Education Act; enactment

768, 770,

927, 1055, 1249, 1251, 3201

HB 1542--Home Delivered Meals, Transportation Services to the

Elderly, and Preschool Children with Special Needs Fund 1491, 1498, 1612,

1703, 1852, 1921, 1946

HB 1543--Acworth, City of; corporate limits; change ............... 766, 770, 885, 890

HB 1545--Judicial Sales; legal advertising; county official

newspaper

1083, 1084, 1239, 1332, 1435, 1516, 1562, 1590

HB 1548--Wildlife; deer, bears, alligators, feral hogs; violations;

certain vessels, vehicles; public roads; hunting at night;

penalties ......................... 1877, 1894, 2673, 2677, 2902, 3138, 3569

HB 1549--Juvenile Detention; reorganization of services; creation

of Children and Youth Services Department.............. 1688, 1692, 1909,

1962, 2087, 2192, 2668

HB 1553--Fulton County; ad valorem; homestead exemption; increase to

$10,000 by 1996; referendum ....................... 1170, 1177, 1428, 1432

HB 1556--Merchandise or Services Advertised for Sale;

disclaimers .................................................. 1491, 1498

HB 1558--Counties; boards of elections; repeal Act applicable 1980

Census ........................................ 920, 925, 1383, 1430, 1514

HB 1561--Ad Valorem; return of property acquired by real estate

transfer ................................ 1883, 1897, 2045, 2053, 2900, 2955

HB 1562--Ad Valorem; public utilities; disputed assessments;

appeals; date interest begins to accrue; notices of proposed

assessments ................. 1830, 1833, 2045, 2053, 3360, 3373, 3374, 3390

HB 1565--Campaign Contributions; acceptance during a legislative

session prohibited ................................... 672, 674, 1050, 1092

HB 1566--State Board of Barbers; extend to 1998; disciplinary

authority ................................. 810, 816, 1178, 1243, 1983, 1989

HB 1570--Nurses; transporting biomedical products or body fluid

waste; exempt placarding requirements for vehicles........ 1082, 1084, 1503,

1560, 1622, 1669

HB 1571--State Board of Cosmetology; extend to 1998; disciplinary

fines, suspensions ................... 810, 816, 1178, 1243, 1562, 1765, 1808

HB 1572--Psychologists, State Board of Examiners; extend to

1998 ............................... 811, 816, 1178, 1243, 1922, 1984, 2035

HB 1573--Nursing Home Administrators; state board; ex officio

member; extend to 1998 ................... 811, 816, 1180, 1243, 2901, 2997

HB 1574--Physical Therapy; regulate practice of; comprehensive

revisions .............. 1491, 1498, 1908, 1962, 2087, 2260, 2364, 3031, 3244

HB 1577--DeKalb County; Board of Commissioners; election districts;

reapportion; referendum

2839, 2867, 3205, 3208, 3215, 3571

HB 1578--Bibb County; Juvenile Court; intake, probation services;

transfer to DHR ...................................... 671, 675, 819, 822

INDEX

3631

HB 1580--Activities Constituting Practice of Podiatry Subject to

Licensure ....

1544, 1545, 1749, 1841, 1921, 1983, 1987, 2668

HB 1581--Franklin County; ad valorem; homestead exemption; elderly

residents; referendum.................................. 671, 675, 819, 822

HB 1582--Driver Improvement Clinics or DUI Risk Reduction Programs;

restrictions on soliciting business

812, 816, 1909, 1962

HB 1583--Emergency 911 Telephone Systems; require create local

advisory board; composition; responding public safety agencies 1829, 1833,

2045, 2053, 3360, 3373, 3375, 3416

HB 1593--Retirement Bills; introduction requirements; repeal

exemption for Firemen's Pension Fund

1491, 1498, 1751, 1841

HB 1594--Teachers Retirement; withdrawn contributions;

reestablishment of credit

1083, 1085, 1556, 1614, 2711, 2808

HB 1595--County Tax Digests; 3-year digest evaluation cycles;

review, approval, disapproval; tax collections; appeals; penalties

1577,

1578, 1749, 1841, 1921, 1983, 1986, 2671

HB 1596--Georgia Defined Contribution Plan; creation

1045, 1048,

1179, 1243, 1562, 1764, 1802

HB 1598--Juveniles Committed Custody DHR; expenses; payment from

parents ................................ 1421, 1425, 1609, 1703, 2900, 2960

HB 1599--Adoption Petitions; report of child-placing, investigating

agencies; cost reimbursement

1828, 1833, 2045, 2054,

2710, 2801, 3201

HB 1603--Woodstock, City of; corporate limits; deannex, exclude

certain property ...................................... 766, 771, 885, 890

HB 1604--Muscogee County; ad valorem; homestead exemption; elderly

residents; referendum ................................. 714, 719, 819, 822

HB 1605--Peachtree City; mayor and city council; terms of

office ........................... .................. 714, 719, 1330, 1334

HB 1606--Fayetteville, City of; mayor, council; elections; time for

holding ............................................ 714, 719, 1330, 1334

HB 1607--Sentencing-reform Bill; confinement, probation, parole,

suspension; duration; limit certain parole actions; restitution;

revocation ............................. 1173, 1176, 1749, 1841, 1921, 1933,

2013, 2208, 2259, 2341, 3065, 3204

HB 1609--Sewage Management; regulation of self-contained, on-site

treatment plants serving one residence; approval for use 1422, 1426, 1958,

2049, 2712, 2902, 3154, 3361, 3363

HB 1610--Kennesaw, City of; corporate limits; change ...

766, 771, 885, 889

HB 1611--Cemeteries, Burial Grounds, Private Plots; abandoned;

restoration, maintenance costs; reimbursement to local

authorities. ............................. 1740, 1745, 1910, 1962, 2902, 3164

HB 1612--Corporations; execution of documents; presumption of

authority ............................... 1082, 1085, 1239, 1332, 1516, 1537

HB 1613--Sheriffs; qualifications to hold office; certification;

training ................................ 1548, 1552, 1749, 1842, 2260, 2362

HB 1615--Board of Commissioners; election districts; reapportion

in Floyd, Berrien, Effingham, Schley, Sumter and

Green Counties ............. ..................... 1954, 1957, 2046, 2057

HB 1618--Mclntosh County; Superior Court; provide for two terms of

court; grand jury............. 1323, 1327, 1556, 1615, 1984, 2088, 2261, 2430

HB 1619--Sumter County; Board of Education; election districts;

reconstitute; referendum ........................... 1954, 1957, 2046, 2058

HB 1623--Clayton-Rabun County Water and Sewer

Authority Act. ...................................... 920, 925, 1087, 1093

HB 1624--Radio Utilities; mobile radio subscriber service areas;

termination procedures

1548, 1552, 1958, 2049, 2711, 2901, 3033

3632

JOURNAL OF THE SENATE

HB 1626--Bartow County; Probate Court; judge; nonpartisan nomination

and election ........................................ 767, 771, 3205, 3208

HB 1627--Bartow County; Commissioner; office at Administration

Building or courthouse .............................. 767, 771, 3205, 3208

HB 1628--Euharlee, City of; mayor; term of office; four years

767, 771, 3205, 3209

HB 1629--Jackson County; Board of Commissioners; annual financial

report to grand jury ................................... 767, 771, 928, 932

HB 1630--Americus, City of; new charter ......................... 767, 771, 885, 890

HB 1631--Varnell, City of; new charter

809, 816, 928, 932

HB 1633--Companies Engaged Retail Sale of Natural Gas as Vehicle

Fuel ............................. 1548, 1553, 1749, 1842, 1922, 2087, 2214

HB 1637--Used Motor Vehicles; auctioneers, dealers; change certain

requirements, exemptions; consumer judgments

1829, 1833,

1908, 1962, 2711, 2901, 2995, 3570

HB 1640--Personal Care Homes; deceptive advertising of services

provided ......................... 1830, 1833, 2675, 2677, 2900, 2963, 3201

HB 1642--Fire Protection Sprinkler or Water Spray Systems;

certificate of competency; grounds for revocation, suspension 1548, 1553,

1750, 1842, 1921, 2088, 2710, 2796

HB 1644--Elections; qualifying; filing, fees; write-in candidates;

contested elections; persons assisting with absentee ballots ......... 879, 883,

1117, 1183, 1622, 1676, 1765, 1819, 1852, 1921, 1932, 2668

HB 1645--Traffic Cases; superior court clerk duties; repeal certain

counties ....................................... 920, 925, 1383, 1430, 1514

HB 1646--Health; insurers; filing new premium rates, loss ratio

results ................................. 1548, 1553, 1958, 2049, 2711, 2856

HB 1647--State Printing; promotional materials, signs; name or

picture of officials of executive branch .............. 1045, 1048, 1117, 1183

HB 1648--Ethics Training; public officers, registered agents;

requirements ............... ..................... 1884, 1898, 2672, 2677

HB 1649--Foreign Limited Liability Companies; regulation;

registration ............"...... 1232, 1236, 1909, 1962, 2088, 2901, 3022, 3201

HB 1651--Probate Courts; judges; fees; update 1990 population

bracket ............................ 809, 817, 1087, 1121, 1188, 1190, 1492

HB 1652--Decatur County; Office of County Treasurer; repeal 1963 Act

to abolish ..................................... 920, 925, 1383, 1430, 1514

HB 1654--Fulton County; ad valorem; homestead exemption upon

increased tax digest ........... ......... 1826, 1835, 2675, 2682, 2684, 3571

HB 1655--Intangible Tax Exemption; stock held or acquired in

reorganized financial institutions

1232, 1236, 1426, 1505, 1709, 1735

HB 1657--Congressional Districts of Georgia; reapportion eleven

districts .................................... 1041, 1959, 2049, 2260, 2278,

2407, 2414, 2437, 2753, 3247, 3362

HB 1658--Labor Department; education programs; uncollectable

debts ............................ 1171, 1176, 1427, 1505, 1562, 1709, 1730

HB 1659--Emanuel County; Board of Education; vacancies; method of

filling ................................................ 809, 817, 928, 932

HB 1660--Fishing; salt-water finfish species; possession, landing

specifications; certain transfers at sea unlawful ........... 1548, 1553, 1959,

2049, 2711, 2901, 2973

HB 1661--Human Resources; Department; actions against licensees;

public reprimand; fines ....................................... 1547, 1553

HB 1662--Sumter County Livestock Authority; creation; purposes,

powers ............................................... 809, 817, 928, 932

HB 1663--Electric Utility Lines; High-voltage Safety Act;

enact ............................ 1549, 1553, 1749, 1842, 2088, 2260, 2307

INDEX

3633

HB 1666--Life Insurance; claims for policy proceeds; computing

interest ............................... 1110, 1115, 1556, 1615, 1922, 1983,

1999, 2284, 2300, 2375, 2420, 3479, 3573

HB 1667--Counties, Municipalities; property acquired for lake

purposes ............................... 1548, 1553, 1749, 1842, 2901, 3010

HB 1668--Foxes; conditions for trapping, holding live foxes; licenses

1686, 1692

HB 1672--Cobb County; Board of Commissioners; election districts;

reapportion; personnel................... 1881, 1895, 1960, 1968, 1978, 2108

HB 1673--DeKalb County; Board of Education; election districts;

reapportion ....................................... 1685, 1695, 1839, 1846

HB 1675--Counties; property sale or disposition; bids, auction

procedures ............................. 1828, 1834, 2045, 2054, 2901, 3095

HB 1676--Motor Vehicle; liability insurance carriers; claims

settlements not bar to certain actions .................... 1324, 1327, 2045,

2054, 2710, 2716, 3030, 3293

HB 1679--Workers' Compensation; Extensive Revision of

Chapter ..................... 1233, 1236, 1838, 1911, 2260, 2262, 2276, 3331

HB 1680--Regional Development Centers; transaction of business;

report funds received by contracting entities; restrict activities of

affiliated persons ............. 1490, 1499, 1749, 1842, 1921, 1983, 2001, 2669

HB 1684--Baldwin County; Magistrate Court; transfer funds to

county treasury; chief magistrate appointment ............................

................................... 878, 883, 1239, 1245, 1246, 1601, 1758

HB 1687--Child Support; parties to pay court cost, sheriffs service

fees............. 1687, 1693, 1910, 1963, 2260, 2337, 3200

HB 1689--Railroad Rights of Way; abandoned; acquisition by

governmental entities; procedures................... 1885, 1898, 2674, 2677

HB 1691--Offense of Cruelty to Animals; criminal

penalties ......................... 1885, 1900, 2045, 2054, 2900, 2906, 3203

HB 1692--Land Bank Authorities; powers; school tax delinquent

properties .............................. 1887, 1902, 2045, 2054, 2711, 2826

HB 1693--Nonpublic Postsecondary Institutions Act of 1990;

exemptions ....................... 1110, 1115, 1555, 1615, 2711, 2809, 3100,

3121, 3331, 3360, 3402, 3572

HB 1694--Rural Telephone Cooperatives; offices in certain populated

cities ............................................ 1491, 1499, 1749, 1842

HB 1695--Crisp County; Magistrate Court; county law library

fees................................................ 878, 884, 1052, 1056

HB 1696--Haralson County; Board of Education; election districts;

reapportion....................................... 1081, 1085, 1180, 1185

HB 1699--Echols County; Board of Commissioners; change

compensation ....................................... 878, 884, 1052, 1057

HB 1700--Tattnall County; Board of Commissioners; election

districts; reapportion .............................. 1043, 1049, 1118, 1122

HB 1702--Tattnall County; Board of Education; election districts;

reapportion....................................... 1043, 1049, 1118, 1122

HB 1704--Floyd County; ad valorem; county purposes; homestead

exemption; elderly residents; referendum .............. 921, 925, 1087, 1093

HB 1705--Floyd County; ad valorem; school taxes; homestead

exemption; elderly residents; referendum .............. 921, 925, 1087, 1093

HB 1706--Bail; surety bonds; forfeitures; practices and

procedures ....................... 1170, 1176, 1751, 1842, 2087, 2193, 2669

HB 1707--Rabun County Economic Development Authority Act;

enactment.......................................... 921, 925, 1087, 1093

HB 1708--Alcoholic Beverages; sales of distilled spirits; Liberty

County........................................... 1686, 1693, 1910, 1963

3634

JOURNAL OF THE SENATE

HB 1710--Felony Trials; juries; change size of jury panel, number

of peremptory challenges; cases seeking death penalty

1741, 1745, 1959,

2049, 2261, 2404

HB 1712--Fulton County; State Court; clerk, marshal; revise costs,

service fees charged ............................... 1231, 1237, 2046, 2058

HB 1718--Business Licenses Issued by Counties, Cities; evidence of

state licensure; requirements ....... 1082, 1085, 1330, 1385, 2711, 2902, 3158

HB 1719--Barrow County; Board of Commissioners; election districts;

reapportion....................................... 1231, 1237, 1384, 1386

HB 1720--Mclntosh County; Board of Elections; provide successor to

board created 1976 ................................ 1379, 1382, 1503, 1507

HB 1721--Crime Victims Restitution Payments; unclaimed funds;

disposition ............................ 1687, 1693, 1910, 1963, 2711, 2900,

2954, 3031, 3100 3124, 3294, 3325, 3362

HB 1722--Secured Transactions; priority of tax liens and

judgments .............................. 1323, 1327, 1610, 1704, 1921, 1941

HB 1723--Grain, Commercial Feed Dealers or Warehouseman; license

fees ................... 1886, 1901, 2045, 2054

HB 1724--Stephens County; Magistrate Court; law library fees in

civil actions; remittance. ........................... 1043, 1049, 1119, 1122

HB 1725--Counties; Board of Commissioners; compensation; repeal 1980

population bracket ........................... 1875, 1891, 1960, 2049, 2252

HB 1727--Jones County; ad valorem taxes; homestead exemption;

referendum ....................................... 1044, 1049, 1180, 1185

HB 1728--Clermont, Town of in Hall County; mayor and council;

staggered terms ................................... 1043, 1049, 1119, 1122

HB 1729--Alpharetta, City of; City Council; election districts;

reapportion; referendum ........................... 1685, 1695, 1839, 1846

HB 1730--Bryan County; Board of Commissioners; election districts;

rejected referendum ............................... 1081, 1086, 1180, 1185

HB 1731--Newton County; Motor Vehicle Registration; staggered

periods; referendum .......................... 1231, 1237, 1503, 1507, 1689

HB 1732--Alpharetta, City of; Boards, Commissions, Agencies;

regulations; city council powers..................... 1489, 1499, 1697, 1707

HB 1733--Development Authorities; joint boards; powers; transfer of

assets ....................................... 1875, 1891, 2232, 2233, 2707

HB 1735--Gordon County; Board of Commissioners; abolished; provide

for Office of Commissioner; referendum ........................ 1043, 1049

HB 1737--Smithville, City of; city council; composition; elections;

wards; terms; quorum ............................. 1881, 1895, 2046, 2058

HB 1738--Lee County Utilities Authority Act; enact ........... 1043, 1050, 1119, 1123

HB 1739--Income Tax; computation; sale of personal residence;

withholding taxes on pensions, annuities; employee withholding

certificates ............................. 1687, 1693, 1908, 1963, 2710, 2778

HB 1740--Fulton County; Board of Education; election districts;

reapportion; terms ................................ 1888, 1903, 2675, 2682

HB 1741--Excise Tax; increase for first sale of distilled spirits, wines

1677

HB 1744--Jones County; Board of Commissioners; chairman, members;

compensation; travel expenses ...................... 1044, 1050, 1180, 1185

HB 1746--Oconee County; County Surveyor; provide for appointment;

abolish elected office .............................. 1044, 1050, 1119, 1123

HB 1747--Seeds; labeling requirements; calendar year produced;

exception.................................................... 1173, 1177

HB 1749--Searches With Warrants; actions of officers executing;

liability ..................................................... 1827, 1834

HB 1750--Revenue Bonds; fees charged persons for services made

available ......................... 1421, 1426, 1749, 1843, 1921, 1983, 1988

INDEX

3635

HB 1753--Teachers Retirement; retirees; death of spouse; new

option ................................. 1687, 1693, 1751, 1843, 2900, 2961

HB 1756--Junk or Metal Dealers; secondary metals recyclers;

regulations; prohibited conduct; penalties................. 1740, 1745, 1958,

2049, 2711, 2901, 3013

HB 1757--Lawrenceville, City of; Corporate Limits; deannex property;

Venable Valley Farms ................... 1109, 1116, 2675, 2682, 2687, 3199

HB 1759--Mclntosh County; Board of Elections; repeal Act using 1980

Census figures ............................... 1322, 1328, 1612, 1704, 1763

HB 1762--Kite, City of in Johnson County; new charter;

incorporation; powers.............................. 1231, 1237, 1384, 1386

HB 1763--Family Violence; incident reports; law enforcement

training .......................... 1739, 1745, 2231, 2233, 2710, 2786, 3200

HB 1764--Coweta County; Board of Commissioners; deputy clerk, office

of county treasurer ................................ 1081, 1086, 1180, 1186

HB 1765--Coweta County; Board of Commissioners; election districts;

reapportion ....................................... 1109, 1116, 1239, 1245

HB 1766--Coweta County; Board of Commissioners; repeal prior Act

amending original Act ............................. 1081, 1086, 1180, 1186

HB 1767--Upper Savannah River Development Authority; powers;

jurisdiction ............................. 1082, 1085, 1383, 1430, 1562, 1581

HB 1768--Acworth, City of; Municipal Court; probation office

created; chief judge duties ......................... 1081, 1086, 1239, 1245

HB 1769--Jails; inmates; repay costs incurred for medical

treatment or wrongful actionsjprobation condition . 1129, 1130, 1908, 1963,

2260, 2382, 3571

HB 1770--Walker County; Probate Court; judge; salaries of his

personnel. ........................................ 1081, 1086, 1239, 1245

HB 1771--Walker County; Superior Court; Office of the Clerk;

compensation of personnel ......................... 1082, 1086, 1239, 1246

HB 1772--LaFayette, City of; corporate limits; define and change

boundaries ....................................... 1109, 1116, 1239, 1246

HB 1773--Walker County; Office of Tax Commissioner; compensation of

personnel. ........................................ 1082, 1086, 1239, 1246

HB 1774--Hartwell, City of; new charter ...................... 1082, 1086, 1239, 1246

HB 1775--Small Employers; development of basic health insurance

plans ............................................................ 1775

HB 1776--Pleas of Insanity, Mental Incompetency; acceptance

conditions; conditional release, outpatient treatment............. 1741, 1745,

1959, 2050, 2711

HB 1777--Fulton County; Tax Collector, Commissioner; duties;

remittance of City of Atlanta school taxes ....

1826, 1836, 2046, 2058

HB 1779--Drug Trafficking; vicinity of parks, playgrounds,

recreation centers, public housing projects; criminal penalties 1549, 1554,

1959, 2050, 2710, 2784, 3199

HB 1780--Atlanta, City of; Ad Valorem; school taxes; homestead

exemption; 30% increase in tax classification; referendum ........ 1827, 1836,

2675, 2683, 2688, 3571

HB 1785--Atlanta, City of; Ad Valorem; homestead exemption upon

30% increase in tax classification; referendum ............ 1827, 1836, 2675,

2682, 2691, 3571

HB 1786--Wilcox County; Board of Commissioners; election districts;

reapportion....................................... 2221, 2227, 2873, 2878

HB 1787--Wilcox County; Board of Education; election districts;

reapportion....................................... 2221, 2227, 2873, 2878

HB 1789--Calhoun Recreation Authority Act; enact

1109, 1116, 1239, 1246

3636

JOURNAL OF THE SENATE

HB 1793--Capital Outlay Funds; projects in schools less than base

size .............................................. 1689, 1693, 2672, 2677

HB 1796--Firemen's Pension Fund; premium tax; exempt for specific

property ............................... 1828, 1834, 2231, 2233, 2901, 3019

HB 1799--Taylor County; probate judge services as chief magistrate;

compensation ..................................... 1109, 1116, 1239, 1246

HB 1800--Butler, City of; Mayor and Council; election districts;

composition; terms; municipal court judge qualifications;

fines ............................................. 1738, 1748, 1909, 1915

HB 1803--Walton County; Board of Commissioners; election districts;

reapportion....................................... 1685, 1695, 1839, 1847

HB 1812--Teachers and Other Certified Personnel; alleged

employment violations; local complaint policy procedures 1603, 1607, 2672,

2677, 2900, 2917, 3057, 3144, 3294, 3295, 3441, 3572

HB 1814--Child Custody; parents; residency changes; required

notices ................................. 1827, 1834, 2231, 2234, 2901, 2999

HB 1815--Child Support; enforcement cases; duties of district

attorneys ......................................... 1324, 1328, 1556, 1615

HB 1816--Houston County; elections; absentee ballots; voting place;

use of courthouse ............................ 1547, 1554, 1839, 1911, 1979

HB 1817--Boards of Health; injury prevention programs; counties of

400,000 or more.............................. 1886, 1901, 2232, 2234, 2707

HB 1818--Houston County; Board of Elections; providing for; change

population provisions ......................... 1170, 1177, 1383, 1430, 1514

HB 1820--Fulton County; School District Taxes; homestead exemption

of $25,000.; referendum ....................................... 1827, 1836

HB 1821--Banks or Trust Companies; executors or trustees;

investments ............................ 1688, 1694, 1838, 1911, 2260, 2298

HB 1823--Tuition Equalization Grants; private colleges,

universities; redefine full-time student ......................... 1549, 1554

HB 1828--Mentally Retarded Person; petitions for rehabilitation

services .......................................... 1740, 1745, 1958, 2050

HB 1831--Floyd County; Hospital Authority; members; selection by

grand jury................................................... 1170, 1178

HB 1832--Morgan County; Board of Commissioners; election districts;

reapportion....................................... 1685, 1695, 1839, 1847

HB 1833--Morgan County; Board of Education; election districts;

reapportion ....................................... 1685, 1695, 1839, 1847

HB 1837--Sex Education; curriculum content; appropriateness of

materials .................... 1827, 1834, 1913, 2230, 2234, 2711, 2834, 3203

HB 1838--Augusta-Richmond County Commission-Council; board of

commissioners; election districts; reapportion; powers; duties

2395, 2408,

3205, 3209, 3214, 3235, 3236

HB 1839--Coweta County; Board of Education; election districts;

reapportion....................................... 1322, 1328, 1428, 1433

HB 1843--Burke County; Board of Education; election districts;

reapportion....................... 1322, 1328, 2232, 2239, 2240, 2877, 2930

HB 1844--Burke County; Board of Commissioners; election districts;

reapportion ....................... 1322, 1328, 2675, 2682, 2695, 2877, 2931

HB 1846--Wastewater Treatment Plants; industrial; certified

operators ......................... 1886, 1900, 2230, 2234, 2901, 3085, 3570

HB 1847--Handicapped Persons; multifamily dwellings; accessible

entrances.................... 1741, 1746, 2231, 2234, 2711, 2902, 3140, 3570

HB 1849--Rabun County; Ad Valorem; homestead exemption; certain

residents; referendum. ............................. 1231, 1237, 1384, 1387

HB 1850--Excise Tax Levy; coliseum authorities; reimbursement

deduction allowed for collecting, change rate

1885, 1900

INDEX

3637

HB 1852--Cobb County; Board of Commissioners; vacancies; quorum;

emergency actions................................. 1232, 1237, 1384, 1433

HB 1854--Health; Insurance; coverage for musculoskeletal disorders

or deformities ............................................... 1885, 1898

HB 1858--Sumter County; Board of Commissioners; compensation; repeal

Act; 1970 Census............................. 1685, 1695, 1839, 1911, 1980

HB 1859--Sumter County; Board of Commissioners; compensation; change

salaries........................................... 1322, 1328, 1428, 1433

HB 1860--Legal Services; false advertising prohibited; public

reprimand ............................. 1884, 1899, 2230, 2234, 2901, 3084

HB 1861--Law Libraries; board of trustees; membership of chief judge

each court collecting fees .......................... 1877, 1894, 2674, 2677

HB 1862--Floyd County; Board of Commissioners; change terms to two

years; referendum ................................. 1322, 1328, 1503, 1507

HB 1864--Harris County; Board of Education; purchases; repeal

certain bid requirement. ........................... 1323, 1328, 1428, 1433

HB 1865--Troup County; ad valorem; homestead exemption; elderly

residents; referendum. ................... 1323, 1329, 1428, 1507, 1508, 1605

HB 1871--Deaf Students; foreign language credit; American sign

language ......................... 1740, 1746, 1908, 1963, 2710, 2774, 3202

HB 1873--Employment Training; quick start programs; qualifying

industries .............................. 1740, 1746, 1908, 1963, 2260, 2311

HB 1876--Floyd County; County Manager; future department heads;

recommendations ................................. 1323, 1329, 1428, 1433

HB 1878--Whitfield County; Ad Valorem Taxes; unpaid tax; interest;

1990 population bracket ...................... 1890, 1904, 2232, 2234, 2708

HB 1879--Carroll County; Board of Elections; update 1990 population

and census .................................. 1738, 1748, 1839, 1911, 1980

HB 1880--Whitfield County; Ad Valorem Tax; mobile homes; time for

obtaining location permits .................................... 1888, 1903

HB 1881--County Boards of Elections Based Upon Certain Population;

repeal.................................. 1888, 1903, 2674, 2679, 2898, 2900

HB 1882--Alcoholic Beverages; sales on Sundays; Whitfield

County...................................... 1885, 1900, 2232, 2235, 2708

HB 1883--Whitfield County; ad valorem; presentation of tax returns

by tax officials ............................................... 1888, 1903

HB 1884--Juvenile Courts; judges; practice of law; prohibitions

1888, 1903

HB 1885--Carroll County; ad valorem; homestead exemption; filing

requirement; exclusion ......

1890, 1905

HB 1886--Carroll County; ad valorem; time for making returns; repeal

population brackets .......................................... 1890, 1905

HB 1887--Madison County; Board of Commissioners; election districts;

reapportion ....................................... 1489, 1500, 1697, 1707

HB 1888--Madison County; Board of Education; election districts;

reapportion ....................................... 1489, 1500, 1697, 1707

HB 1891--Clarke County; ad valorem Taxes; mobile homes; update

population bracket ........................... 1875, 1892, 1960, 2050, 2252

HB 1892--Clarke County; ad valorem; tax officials; time for

presentation of returns ....................... 1875, 1892, 1960, 2050, 2253

HB 1893--Clarke County; ad valorem; time for making returns; update

population bracket

1875, 1892, 1960, 2050, 2253

HB 1894--Clarke County; ad valorem; interest on unpaid taxes; update

population bracket ........................... 1876, 1893, 1960, 2050, 2253

HB 1895--Clarke County; ad valorem; mobile homes; time for making

returns...................................... 1876, 1893, 1960, 2051, 2254

HB 1896--Clarke County; ad valorem; homestead exemption; filing;

update Census bracket ........ ............. 1877, 1893, 1960, 2051, 2254

3638

JOURNAL OF THE SENATE

HB 1897--Clarke County; ad valorem; tax assessors; time for revision

of returns .................................. 1875, 1892, 1960, 2051, 2254

HB 1898--Sky Valley, City of; city council; president, new name of

mayor pro tern; mayor, powers, duties; operation of

departments ...................................... 1323, 1329, 1428, 1433

HB 1899--Insurance; motor vehicle; premium reduction; attend

approved employer sponsored defensive driver course; claims, use of certain

repair facility ................ 1883, 1899, 2237, 2673, 2678, 2900, 2915, 3203

HB 1902--Art; works of fine art; printers; remove duplication

requirements .................................... ...... 1818, 1819, 1846

HB 1903--Nelson, City of; new charter ....................... 1379, 1382, 1503, 1507

HB 1904--Vehicle Weight, Height, Length Limitations; permit laws;

return point of origin; oversized loads; auto carriers

1740, 1746,

1839, 1911, 1984, 2036

HB 1907--Assistant District Attorneys; repeal Act creating office

according to 1970 Census

........................... 1876, 1892

HB 1909--Superior Courts; judges; supplemental expense allowances;

repeal Act using 1970 Census application ....

1738, 1748, 1839, 1911,

1980, 1983, 1984, 2087, 2088

HB 1911--Jackson County; ad valorem; school taxes; homestead

exemption; elderly residents........................ 1379, 1382, 1503, 1507

HB 1912--Labor Pools; private agencies hiring for short-term work

assignments; regulation; prohibited practices; violations;

penalties .................... 1883, 1899, 2237, 2674, 2678, 2901, 3096, 3202

HB 1913--Macon Water Authority Act; enact; reapportion

boundaries ....................................... 1603, 1608, 1839, 1847

HB 1914--Used Vehicle Parts Dealers, Dismantlers, Salvage;

registration, licenses, inspections; auction companies

1829, 1834, 1908,

1963, 2088, 2261, 2394

HB 1916--Fargo, City of; new charter; incorporation, boundaries;

powers ........................................... 1881, 1895, 1960, 1966

HB 1919--Palmetto, City of; Special Elections; purpose; vacancies in

office ............................................ 1489, 1500, 1612, 1617

HB 1920--Douglas County; Board of Commissioners; election districts;

reapportion....................................... 1489, 1500, 1612, 1617

HB 1921--Douglas County; Board of Education; election districts;

reapportion ....................................... 1489, 1500, 1612, 1617

HB 1924--Berrien County; Board of Education; election districts;

reapportion ................................. 1489, 1500, 1612, 1617, 1618,

1621, 1706, 1736, 2088, 2136, 2791, 2872

HB 1926--Atlanta; school taxes received; pay to Board of

Education ........................................ 1825, 1836, 2046, 2058

HB 1927--Mobile Homes; decal violations; prosecution in magistrate

courts............................................ 1605, 1607, 1751, 1843

HB 1928--Rome-Floyd County Commission on Children and Youth;

membership ...................................... 1490, 1500, 1612, 1617

HB 1929--Georgia Anatomical Gift Act; organ procurement; change

provisions ........................ 1886, 1901, 2231, 2235, 2711, 2825, 3203

HB 1931--Job Training; Youth Apprenticeship Program for School

Systems ............................... 1604, 1607, 1749, 1843, 1922, 1983,

1990, 2375, 2404, 2420, 2435, 3014, 3204

HB 1932--Corporations; shareholders' preemptive rights to acquire

shares....................................... 1829, 1834, 2231, 2235, 2711

HB 1933--Public Officers and Employees; insuring and

indemnification; reinsurance; contract liability 1688, 1694, 2045, 2054, 2711

HB 1934--East Point Parking Authority; composition and

appointment

1490, 1500, 1612, 1617

INDEX

3639

HB 1935--East Point Building Authority; composition and

appointment...................................... 1490, 1501, 1612, 1617

HB 1936--East Point Business and Industrial Development Authority;

membership ...................................... 1490, 1501, 1612, 1617

HB 1941--Lilburn, City of; Franchises; lengthen time period may

grant ............................................ 1881, 1895, 2232, 2239

HB 1942--World Congress Center; sale or dispensing alcoholic

beverages ........................................ 1739, 1746, 1958, 2051

HB 1943--Dougherty and Tallapoosa Judicial Circuits; additional

judgeships .............................. 1887, 1902, 2673, 2678, 2900, 2903

HB 1944--Johnson County; Board of Education; per diem

compensation ..................................... 1490, 1501, 1612, 1618

HB 1945--Butts County; ad valorem; homestead exemption; definitions;

update population............................ 1603, 1608, 1697, 1753, 1851

HB 1947--Fishing Licenses; fresh water catch-out ponds privately

owned ...................................................... 1604, 1608

HB 1948--Pulaski County; Board of Education; election districts;

reapportion....................................... 1881, 1895, 1960, 1967

HB 1949--Fairburn, City of; City Council; special franchise

districts; fees ..................................... 1825, 1836, 1960, 1967

HB 1951--Macon, City of; Housing Authority; composition; update

population bracket ........................... 1547, 1554, 1697, 1753, 1851

HB 1954--Centerville, City of; change corporate limits ......... 1888, 1903, 2046, 2059

HB 1958--Williamson, City of; new charter; incorporation; powers;

boundaries ....................................... 1547, 1554, 1697, 1707

HB 1967--Financial, Property Agreements Behalf of State; prior

approval ......................................... 1687, 1694, 2671, 2678

HB 1968--Civil Actions; childhood sexual abuse; period of

limitation .............................. 1885, 1898, 2674, 2678, 2902, 3144

HB 1969--Monroe, City of; City Administrator; appointment; duties;

bond; retirement board ............................ 1547, 1555, 1697, 1707

HB 1970--Monroe, City of; Mayor and Councilmembers; election

districts; reapportion; terms ........................ 1686, 1695, 1839, 1847

HB 1972--Avondale Estates, City of; extend corporate

limits ............................................ 1888, 1903, 2046, 2059

HB 1973--Douglas, City of; commissioners; term of office; election

date ............................................. 1603, 1608, 1751, 1755

HB 1974--School Buses; equipment; outside mounted flashing strobe

lights .................................. 1829, 1835, 2673, 2678, 2900, 2951

HB 1977--First Time Offenders; court ordered counseling for child,

parents ................................ 1884, 1899, 2674, 2678, 2901, 3009

HB 1978--Beauty Pageants; operator requirements; fees, bonds;

exceptions ........................ 1885, 1898, 2231, 2235, 2711, 2841, 3200

HB 1979--Employees of Outpatient Mental Health Centers; line-of-duty

injuries; additional benefits .................. 1888, 1902, 2045, 2054, 2711,

2900, 2966, 3118, 3329

HB 1980--Glynn County; Board of Education; members, school

superintendent; elections; terms; compensation

1686, 1695, 1839, 1847

HB 1982--Sumter County Industrial Development Authority Act;

enact ............................................ 1604, 1608, 1751, 1755

HB 1983--Hart County; ad valorem taxes; homestead exemption;

residents 65 or over ............................... 1604, 1608, 1751, 1755

HB 1984--Cherokee County; Board of Commissioners; election

districts; reapportion .............................. 1738, 1748, 1909, 1915

HB 1985--Lumpkin County Water and Sewerage Authority; membership;

mayor of Dahlonega; terms; quorum

1739, 1748, 1909, 1915

3640

JOURNAL OF THE SENATE

HB 1986--Newton County Water and Sewerage Authority; revenue

bonds .................................. 1604, 1608, 1751, 1755, 1756, 2872

HB 1987--Lamar County; Board of Commissioners; election districts;

reapportion ............................. 1739, 1748, 2046, 2059, 2076, 2668

HB 1988--Lamar County; Board of Education; election districts;

reapportion ............................. 1739, 1748, 2046, 2059, 2078, 2669

HB 1989--Insurers; extensively revise provisions regulating, licensing

1886, 1901

HB 1990--Candler County; Board of Commissioners; chairman; chief

executive officer................................... 1686, 1696, 1839, 1847

HB 1997--Nonpublic Postsecondary Institutions; administration of

degree and nondegree-granting institutions; fees; surety bonds 1884, 1899,

2230, 2235, 2901, 2967

HB 1999--Cherokee County; Board of Education; election districts;

reapportion....................................... 1739, 1748, 1909, 1915

HB 2000--Echols County; County Clerk; compensation; repeal Act

according to 1980 Census ..................... 1825, 1836, 1960, 2051, 2254

HB 2001--Cities Not More Than 5,300, 1980 Census; compensating

officials ..................................... 1825, 1837, 1960, 2051, 2254

HB 2002--Turner County; Board of Education; election districts;

reapportion ....................................... 2839, 2867, 3205, 3209

HB 2003--Worth County; Board of Commissioners; election districts;

reapportion....................................... 2839, 2867, 3205, 3209

HB 2004--Turner County; Board of Commissioners; election districts;

reapportion....................................... 2839, 2867, 3205, 3209

HB 2005--Worth County; Board of Education; election districts;

reapportion ....................................... 2839, 2867, 3205, 3209

HB 2007--Baldwin County; Board of Commissioners; election

districts; reapportion; repeal Act 632 enacted 1992 Session

1739,

1749, 2046, 2059, 2081, 3200

HB 2010--Bibb County; Board of Education; provide for; reapportion

election districts .................................. 1825, 1837, 1960, 1967

HB 2011--Paulding County; Board of Commissioners; election

districts; reapportion; county manager; referendum

1881, 1895,

1960, 1967

HB 2012--Cobb County; Tax Commissioner; school taxes; cost of

collecting; assessment.............................. 1881, 1895, 1960, 1967

HB 2015--Alcoholic Beverages; premises where sold; entry by

persons under 18; employees prohibited drink alcohol at work 1887, 1902,

2674, 2679, 2898, 2899, 3175, 3326, 3446, 3450

HB 2016--Kingsland, City of; ad valorem; homestead exemption;

elderly residents; referendum....................... 1882, 1896, 1960, 1967

HB 2017--Waycross, City of; Police Court; first offender marijuana

possession; dismissal of charges; city ordinance ...... 1881, 1895, 1960, 1967

HB 2019--Monticello, City of; City Manager; appointment; delete

references to city treasurer......................... 1882, 1896, 1960, 1968

HB 2021--Jasper County; Board of Commissioners; election districts;

reapportion ....................................... 1954, 1957, 2046, 2059

HB 2023--Monroe County; Board of Commissioners; election districts;

reapportion .................................. 1954, 1957, 2046, 2059, 2069

HB 2024--Augusta, City of; Mayor and Council Members; limiting the

succession in office ................................ 2840, 2868, 3205, 3209,

3214, 3235, 3240, 3324, 3363

HB 2025--Worth County; State Court; judge; change salary.... 1882, 1896, 1960, 1968

HB 2026--Pooler, City of; corporate limits; annex land tracts;

referendum ....................................... 1889, 1903, 2046, 2060

HB 2027--Cobb County; Board of Health; ex officio member; city

school superintendent ........................ 1876, 1892, 1960, 2051, 2255

INDEX

3641

HB 2029--Public Employee Hazardous Chemical Protection and Right

to Know Act; editorial changes; delete employee training; charges

1883,

1897, 2673, 2678

HB 2031--Crawford County; Board of Commissioners; election

districts; reapportion; terms ........................ 2221, 2227, 2873, 2878

HB 2033--Carroll County; Board of Commissioners; qualifications;

change minimum age .............................. 1826, 1837, 1960, 1968

HB 2035--Carroll County; Board of Commissioners; election districts;

reapportion ............................. 2733, 2735, 3205, 3209, 3225, 3571

HB 2036--Carroll County; Board of Education; election districts;

reapportion ....................................... 2733, 2735, 3205, 3210

HB 2039--Colquitt County; Board of Commissioners; election

districts; reapportion; terms ........................ 1882, 1896, 1960, 1968

HB 2040--Colquitt-County; Board of Education; election districts;

reapportion....................................... 1882, 1896, 1960, 1968

HB 2041--Ad Valorem; additional county board of equalization; DeKalb

County...................................................... 1889, 1904

HB 2042--Unpaid Taxes; penalties; applicable Cobb County ............... 1890, 1905,

2232, 2235, 2708

HB 2043--Fulton County; Tax Collector, Commissioner; collecting

intangible recording taxes; compensation ....................... 1890, 1905,

2232, 2235, 2708

HB 2044--Condemnation Cases; judge to fix costs to be paid; certain

counties ..................................... 1876, 1892, 1960, 2051, 2255

HB 2045--Zoning Proposal Review Procedures; counties of 500,000 or

more........................................ 1876, 1893, 1960, 2052, 2255

HB 2046--Snellville, City of; corporate limits; deannex and exclude

certain property .................................. 2395, 2408, 3205, 3210

HB 2047--Walton County; Board of Commissioners; meeting date; repeal

1970 Census figures .......................... 1826, 1837, 1960, 2052, 2255

HB 2048--Counties; Funds; deposits and audits; repeal applicable

1970 Census figures .......................... 1826, 1837, 1960, 2052, 2256

HB 2049--Gwinnett County; Board of Commissioners; election

districts; reapportion .................... 2041, 2043, 2873, 2880, 2883, 3199

HB 2050--Fayette County Economic Development Authority Act; enact 1826, 1837

HB 2051--Blakely, City of; municipal election; date; mayor, council,

2-year terms ...................................... 1826, 1837, 1960, 1968

HB 2052--Cobb County; Board of Education; election districts;

reapportion; terms ................ 1882, 1896, 2046, 2239, 2243, 2388, 2872

HB 2054--Sheriffs; deposits; interest-bearing account; counties of

500,000 ..................................... 1876, 1893, 1960, 2052, 2256

HB 2055--Lee County; Board of Commissioners; election districts;

reapportion............ 1882, 1896, 2046, 2060, 2213, 2221, 2239, 2251, 3568

HB 2056--Hall County Water and Sewerage Authority Act;

enact ............................................ 1826, 1837, 1960, 1968

HB 2057--Candidates for State Court Clerk; counties of 425,000 or

more; ballots; name designated chief deputy .................... 1886, 1900,

2232, 2235, 2709

HB 2058--Hall County; Board of Commissioners; election procedures;

vacancies ......................................... 1826, 1838, 1909, 1916

HB 2060--Bartow County; multi-member county commission; provide by

referendum; election districts; terms, powers, duties 1882, 1896, 3205, 3210

HB 2062--Cumming-Forsyth County Charter Commission; referendum

approval ............................... 1889, 1904, 3205, 3210, 3229, 3571

HB 2063--Forsyth County; ad valorem; school taxes; homestead

exemption; certain residents

1890, 1905, 2046, 2060

3642

JOURNAL OF THE SENATE

HB 2064--Berrien County; Board of Commissioners; election districts;

reapportion; compensation ......................... 2733, 2735, 3205, 3210

HB 2065--Georgia Department of Buildings Act; provide for new

department, commissioner; powers, duties; revenue; recycling

program.......................................... 1888, 1902, 2672, 2678

HB 2067--Jefferson; city and school taxes; certain residents;

referendum ....................................... 1890, 1905, 2046, 2060

HB 2068--Thomas County; Board of Commissioners; election districts;

reapportion ....................................... 1889, 1904, 2046, 2060

HB 2069--Richmond County; Board of Commissioners; election

districts; reapportion; terms; board organization, voting, meetings,

compensation; policies ........................ 2223, 2227, 2873, 2878, 2887

2963, 3075, 3082, 3118, 3138, 3205, 3365

HB 2070--Richmond County; certain county officials; change

compensation, payment............................ 2041, 2044, 3205, 3210

HB 2071--Mclntosh County Industrial Development Authority;

continuation; referendum .......................... 1889, 1904, 2232, 2240

HB 2073--Tallapoosa, City of; municipal court; jurisdiction,

punishment powers................................ 1882, 1896, 1960, 1968

HB 2074--Walton County; Board of Education; election districts;

reapportion; nonpartisan elections; referendum

1889, 1904, 2046, 2060

HB 2075--McDuffie County; Hospital Authority; terms; vacancies;

selection criteria ........................ 1889, 1904, 2046, 2240, 2250, 2872

HB 2076--Floyd County; ad valorem; school taxes; homestead

exemption; elderly persons; referendum ............. 1890, 1906, 2046, 2060

HB 2077--Savannah Development and Renewal Authority Act;

enact ....................................... 1889, 1904, 2675, 2684, 3568

HB 2078--Dooly County; Board of Education; election districts;

reapportion; elections.................... 2041, 2044, 2675, 2682, 2697, 3199

HB 2079--Crisp County; Tax Commissioner and Personnel; change

compensation provisions ........................... 1954, 1958, 2046, 2060

HB 2080--Dooly County; Board of Commissioners; election districts;

reapportion; elections.................... 2041, 2044, 2675, 2683, 2702, 3199

HB 2081--Summerville, City of; nonbinding referendum; abolish city

manager position, adopt full-time mayor position . . . . 2041, 2044, 2675, 2683

HB 2082--Superior Court; judges; salary supplement; DeKalb

County................................. 2395, 2408, 3205, 3210, 3230, 3569

HB 2085--Ad Valorem; time for making tax returns; Lowndes County ...... 1891, 1906

HB 2086--Douglasville-Douglas County Water and Sewer Authority;

contracts; additional powers; drainage basins ........ 2041, 2044, 2675, 2683

HB 2087--Douglas County Community Improvement Districts;

activation ........................................ 2042, 2044, 2675, 2683

HB 2088--Lowndes County; ad valorem; interest on unpaid taxes;

update population figure ...................................... 1891, 1906

HB 2090--Early County; Board of Commissioners; election districts;

reapportion....................................... 2042, 2044, 2675, 2683

HB 2091--Wilkinson County; ad valorem; school taxes; homestead

exemption; certain residents........................ 2042, 2044, 2675, 2683

HB 2092--Spalding County; position of county manager; chief

administrative officer .............................. 2221, 2227, 2873, 2878

HB 2094--Flint Judicial Circuit; superior court; third

judgeship.................... 1882, 1897, 2673, 2679, 3360, 3373, 3374, 3378

HB 2096--Dawson County; Board of Education; election districts;

reapportion ....................................... 2221, 2227, 2873, 2878

HB 2098--Terrell County; Board of Commissioners; election districts;

reapportion....................................... 2395, 2408, 2873, 2882

INDEX

3643

HB 2099--Clay County; Board of Commissioners; election districts; reapportion ............................. 2395, 2408, 2873, 2880, 2893, 3574
HB 2100--Twiggs County; ad valorem; school taxes; homestead exemption; certain residents.............. 2223, 2228, 2873, 2878, 2895, 3202
HB 2101--Heard County; ad valorem; county, school taxes; homestead exemption; certain residents........................ 2223, 2228, 2873, 2879
HB 2102--Rutledge, City of; new charter............ 2222, 2228, 2873, 2882, 2895, 3202 HB 2103--Waleska, City of; new charter ...................... 2222, 2228, 2873, 2880 HB 2104--Thomaston-Upson County School Taxes; homestead
exemption ........................................ 2223, 2228, 2873, 2879 HB 2106--Lowndes County; Board of Education; election districts;
reapportion....................................... 2222, 2228, 2873, 2879 HB 2107--Valdosta, City of; Board of Education; election; staggered
terms; vacancies; officers ........................... 2222, 2228, 2873, 2879 HB 2108--Coweta County; Board of Commissioners;
compensation ..................................... 2222, 2228, 2873, 2879 HB 2109--Spalding County; Board of Commissioners; election
districts; redesignate .............................. 2733, 2735, 3205, 3211 HB 2110--Dougherty County; Board of Commissioners; election
districts; reapportion; meetings ..................... 2222, 2229, 2873, 2879 HB 2111--Dougherty County; Board of Education; election districts;
reapportion; terms ................................ 2222, 2229, 2873, 2879 HB 2112--Griffin-Spalding County Board of Education; election
districts; reapportion .................... 2222, 2229, 2873, 2882, 2896, 3568 HB 2113--Appling County; Board of Education; election districts;
reapportion....................................... 2840, 2868, 3205, 3211 HB 2114--Appling County; Board of Commissioners; election districts;
reapportion....................................... 2839, 2868, 3205, 3211 HB 2115--Jasper County; ad valorem; homestead exemption; certain
residents; referendum.............................. 2397, 2408, 2873, 2880 HB 2122--Sky Valley, City of; ad valorem; city taxes; homestead
exemption; referendum ............................ 2397, 2408, 2873, 2880 HB 2123--Rome, City of; ad valorem; school taxes; homestead
exemption; elderly residents........................ 2397, 2409, 2873, 2880 HB 2125--Calhoun County; Board of Education; election districts;
reapportion....................................... 2222, 2229, 2873, 2879 HB 2126--East Point Parking Authority; composition and
appointment...................................... 2222, 2229, 2873, 2882 HB 2127--Alpharetta Community Improvement Districts Act;
enact ............................................ 2222, 2229, 2873, 2880 HB 2132--Cobb County; State Court; criminal procedures; contempt
punishment ................................................. 2395, 2409 HB 2133--Carroll County; State Court; solicitor; change
compensation; practice of law ...... 2395, 2409, 2873, 2881, 2896, 3294, 3322 HB 2134--DeKalb County; Special Services Tax Districts; limitation
on millage rate ................................... 2395, 2409, 3205, 3211 HB 2135--Ellaville, City of; new charter; incorporation;
boundaries ....................................... 2396, 2409, 2873, 2882 HB 2137--Coffee County; Board of Commissioners; election districts;
reapportion............................. 2396, 2409, 2873, 2881, 2896, 3202 HB 2138--Coffee County; Board of Education; election districts;
reapportion ............................. 2396, 2409, 2873, 2881, 2896, 3202 HB 2139--Twiggs County; Board of Commissioners; election of members;
terms ............................................ 2396, 2409, 2873, 2881 HB 2140--Griffin-Spalding County Development Authority;
membership ...................................... 2396, 2409, 2873, 2881

3644

JOURNAL OF THE SENATE

HB 2141--Hart County; Water and Sewer Utility Authority Act;

enact ............................................ 2396, 2410, 2873, 2881

HB 2142--Baxley-Appling County Hospital Authority; members;

appointment...................................... 2396, 2410, 2873, 2881

HB 2143--Lilburn, City of; corporate limits; change ....................... 2396, 2410,

3205, 3211, 3231, 3395, 3404, 3447

HB 2147--Buford, City of; corporate limits; change ....................... 2396, 2410,

2873, 2881

HB 2148--DeKalb County; ad valorem; school taxes; homestead

exemption; certain residents ............. 2223, 2229, 3205, 3211, 3232, 3569

HB 2149--DeKalb County; ad valorem; homestead exemption; elderly,

disabled; referendum ......................................... 2223, 2229

HB 2150--Jones County; Board of Commissioners; election;

terms ............................................ 2222, 2230, 2873, 2880

HB 2151--DeKalb County; ad valorem; school taxes; homestead

exemption; persons 70 or over ................ 2839, 2868, 3205, 3211, 3233,

3312, 3392

HB 2152--Carroll County; ad valorem Taxes; homestead exemption;

certain residents; referendum....................... 2223, 2230, 2873, 2880

HB 2153--Muscogee County; Board of Education; election districts;

composition; referendum ................. 2396, 2410, 3205, 3212, 3233, 3569

HB 2154--Polk County; ad valorem; homestead exemption; elderly

residents; referendum......................................... 2397, 2410

HB 2155--Eastman, City of; corporate limits; extend ........... 2396, 2410, 2873, 2881

HB 2156--Calhoun County; Board of Commissioners; election districts;

reapportion; terms ................................ 2396, 2410, 2873, 2882

HB 2157--iDarrollton School District Taxes; elderly residents;

referendum ....................................... 2734, 2735, 3205, 3212

HB 2158--Polk County; superior court clerk; compensation; change population 2397

HB 2159--Warner Robins, City of; corporate limits; include certain

property ......................................... 2397, 2410, 2873, 2882

HB 2160--Cobb County; Board of Commissioners; purchases;

bids ........................................ 2397, 2411, 2873, 2882, 3233

HB 2161--Garden City, City of; Corporate Limits; annex additional

land ........................................ 2397, 2411, 3205, 3212, 3572

HB 2162--Garden City, City of; Recorder's Court; fines;

jurisdiction ....................................... 2397, 2411, 3205, 3212

HB 2164--Stewart County Solid Waste Authority Act; enact............... 2734, 2735,

3205, 3212, 3234, 3569

HB 2165--Suwanee, City of; ad valorem; homestead exemption; elderly,

disabled persons .................................. 2734, 2735, 3205, 3212

HB 2166--Newton County; Board of Education; election districts;

reapportion; terms ...................................... 3101, 3205, 3212

HB 2167--Newton County; Board of Commissioners; election districts;

change composition ..................................... 3101, 3205, 3212

HB 2168--Walker County; Magistrate Court; additional law library

fees.............................................. 2734, 2736, 3205, 3213

HB 2169--DeKalb County; Ad Valorem Tax Survey Commission; study

special service districts ............................ 2734, 2736, 3205, 3213

HB 2170--Charlton County; Board of Education; election districts;

reapportion....................................... 2839, 2868, 3205, 3213

HB 2171--Charlton County; Board of Commissioners; election

districts; reapportion .............................. 2839, 2868, 3205, 3213

HB 2172--Dade County; Board of Commissioners; election districts;

reapportion ....................................... 2839, 2868, 3205, 3213

HB 2173--Dawson County; Commission to Study Expanding From a Single

Commissioner to Multimember Board

2734, 2736, 3205, 3213

INDEX

3645

HB 2175--Crawford County; Board of Education; compensation; expenses ......................................... 2734, 2736, 3205, 3213
HB 2176--Crawford County; Board of Commissioners; regulate, restrict depositing of sludge ............................... 2734, 2736, 3205, 3213
HB 2177--Towns County; Board of Education; selection of members; referendum ....................................... 2915, 2949, 3205, 3214
HB 2178--Glynn County; Board of Education; compensation; expenses; audits.................................. 2734, 2736, 3205, 3214, 3234, 3570

3646

JOURNAL OF THE SENATE

HOUSE RESOLUTIONS

HR 32--Fiscal Year of State Government; change to April 1

beginning 1993; amend Constitution .................... No action in 1992

HR 101--Georgia Council on Environmental Quality; urge creation

to review standards ................................... No action in 1992

HR 133--Property Conveyance; City of Byron; annex DOT property;

repeal.................................... 424, 427, 1749, 1843, 2261, 2385

HR 225--State Arboretum of Georgia; designate the Thomson Mills

Forest ............................................... No action in 1992

HR 261--Cable Industry; urge state-wide fiber optic network;

competitive market....................... 927, 1055, 3360, 3374, 3375, 3444

HR 332--Future Commissioners of Insurance, Agriculture, Labor

and Members of Public Service Commission Shall be Appointed by

Governor ............................................. No action in 1992

HR 347--Fines, Forfeitures, Fine Add-ons; committee to study

adopting state uniform schedule, purposes ............... No action in 1992

HR 500--K.T. Kennedy Reef; designate; offshore fishing site end

of Sapelo Island Channel ........................... 75, 111, 126, 155, 159

HR 636--House of Representatives; Convened; notify Senate..................... 14

HR 638--General Assembly; Joint Session; state of state message

from Governor; January 14 .................................... 14, 76, 99

HR 639--General Assembly; Joint Session; invite Supreme Court

Justices and Appellate Judges ......... 14, 76

HR 640--General Assembly; Joint Session; budget message from

Governor; January 16......................................... 14, 76, 130

HR 641--General Assembly; Joint Session; message from Chief

Justice Supreme Court; January 17 ............................ 14, 76, 160

HR 642--General Assembly; Adjournment; January 17 to

February 03 ............................................ 15, 77, 160, 163

HR 645--Property Conveyance; City of Gainesville; consent to

annexation ............................ 424, 427, 817, 888, 940, 1060, 1074

HR 647--Property Conveyance; Rockdale County; lease for water

reservoir ........................... 424, 427, 1178, 1243, 1388, 1417, 2670

HR 648--Gerontology, Geriatrics Education; urge within

University System.................... 424, 427, 820, 1051, 1092, 2260, 2299

HR 651--Savannah Concrete, Inc. and Will D. Herrin, President;

compensate.................................. 1887, 1901, 2671, 2679, 3188

HR 652--Designate; Genevie Dickey Bridge between Whitfield and

Murray County ........................ 548, 554, 819, 888, 940, 1060, 1075

HR 653--Designate; Samuel Frank Morast, Jr., Highway; Muscogee

County

464, 469, 819, 888, 940, 1060, 1076

HR 677--Davidson, Tara Joyner; compensate ............ 1887, 1901, 2671, 2679, 3189

HR 711--Health Care Reform; urge Congress enact a national plan

921, 924

HR 713--Designate; J.E. "Ted" McTyre Parkway through City of

Dallas................................. 464, 469, 819, 888, 940, 1060, 1077

HR 715--Ad Valorem Tax; heavy equipment vehicles owned by

nonresidents ................................ 1172, 1177, 1501, 1560, 2710,

2806, 3032, 3173, 3331, 3375, 3399, 3574

HR 716--Property Conveyance; sell to City of Calhoun; certain

land tract ............................... 424, 427, 596, 680, 727, 774, 783

HR 722--Stribling Memorial Bridge; urging designation;

Habersham County..................... 548, 554, 819, 888, 940, 1060, 1077

HR 723--Ulmer, John Wesley, Jr.; compensate .......... 1742, 1746, 2671, 2679, 3190

INDEX

3647

HR 732--Solid Waste Recycling, Facilities; loans;

intergovernment contracts ............... 1741, 1747, 1907, 1964, 2260, 2280

HR 734--Designate; Jimmy Autry Correctional Institution;

Mitchell County .......................... 812, 817, 1050, 1092, 1388, 1417

HR 737--Broome, Hugh D.; regrets at passing ......................... 203, 211, 942

HR 757--Atlanta Chapter of Juvenile Diabetes Foundation; commend

284, 292

HR 772--Ostriches Farming and Commercial Production; urge

feasibility study............................ 715, 719, 926, 1055, 2261, 2437

HR 778--Property Conveyance; disposition of former Labor

Department offices in Athens, Macon, Moultrie, Thomasville and

Tifton ........................... 1045, 1048, 1178, 1243, 1516, 1562, 1582

HR 787--Property Conveyance; City of Abbeville; sewer main

easement through Wilcox Correctional Institute

1083, 1085, 1178,

1244, 2261, 2438

HR 788--Property Conveyance; Glynn County, Frederica River;

easement to William A. Benson for marina facility

1083, 1085, 1178,

1244, 2261, 3360, 3373, 3374, 3393

HR 789--Wetlands Conservation Study Committee;

continuation ........... 1886, 1900, 2872, 2874, 3360, 3374, 3375, 3447, 3570

HR 790--Reinhardt College Parkway; designate...................... 880, 883, 1118,

1184, 2261, 2438

HR 814--Turner, Robert Edward "Ted"; recognizing; message to

General Assembly ......................................... 922, 931, 1128

HR 829--Property Conveyance; Athens-Clarke County; sewer line

easement............................... 1379, 1382, 1501, 1560, 2261, 2439

HR 830--General Assembly; Adjournment; February 07 to February 10 ...... 446, 460

HR 831--Property Conveyance; Tattnall County Wildlife

Management Area easement

1111, 1115, 1501, 1560,

1852, 1921, 1983, 2001

HR 838--Seabees and the Naval Civil Engineer Corps; tribute

to .......................... 1046, 1049, 1610, 1704, 1852, 1922, 2261, 2440

HR 839--Designate; Riley C. Thurmond Bridge over Tallulah

Gorge

1173, 1177, 1503, 1560, 2261, 2441

HR 840--Indigent Care Trust Fund; moneys dedicated for specific

services ..................... 1492, 1499, 1561, 1749, 1843, 1921, 1983, 1984

HR 841--Property Conveyance; Gordon County; sell abandoned

W&A Railroad right-of-way to William A. Davis ................ 1233, 1237,

1501, 1560, 2261, 2446

HR 843--Brown, Tom Watson; compensate ............. 1742, 1747, 2671, 2679, 3190

HR 845--Designate; Grady Mallard Bridge; north of City of

Waynesboro ............................ 1111, 1115, 1503, 1560, 2261, 2447

HR 859--Ethics Training; state, local public officers; amend

Constitution ...................................... 1884, 1898, 2672, 2679

HR 863--Workers' Compensation Trust Fund; provide for uninsured

employees ................................................... 1887, 1901

HR 874--Designate; Admiral Mack Gaston Parkway; Whitfield

County................................. 1549, 1554, 1839, 1912, 2261, 2447

HR 875--Designate; Colonel Tom Parrott Parkway; Whitfield

County

1423, 1426, 1611, 1704, 2261, 2448

HR 878--Boynton, Ricky Lee; compensate ......................... 1742, 1747, 2671

HR 879--Davis, Sandra K.; compensate ............ 1830, 1835, 2056, 2671, 2679, 3191

HR 881--Walter F. George Tribute Commission; creation; site

selection ............................... 1689, 1694, 1909, 1964, 2261, 2449

HR 894--Local Government Services Joint Study Committee

1492, 1499, 1610,

1704, 2261, 2449

HR 914--Designate; Clarence R. Vaughn, Jr., Highway; Rockdale

County .......................... 1422, 1426, 1611, 1704, 1921, 1930, 2668

3648

JOURNAL OF THE SENATE

HR 926--Designate; Albert D. Clifton Memorial Highway; Candler

County................................. 1492, 1499, 1611, 1704, 2261, 2450

HR 929--General Assembly; Adjournment; February 21 to February

24 .................................................... 1046, 1074, 1080

HR 930--Vehicle Emission Inspection Equipment; urge adopt

reasonable rules............................................. 1742, 1747

HR 933--Veterans Memorial Parkway; designate Hwy 441, Commerce

Bypass ................................. 1492, 1499, 1611, 1704, 1984, 2034

HR 938--Business and Occupation Tax; study of tax equity,

revenue impact .............................................. 1689, 1694

HR 939--Property Conveyance; Clarke County; easement at

Prince Avenue Labor Office to Gary B. Blasingame

1380, 1382,

1501, 1560, 1852, 2261, 2451

HR 945--R.E.M. Band Members; commend

1112, 1122

HR 946--Designate; Edward C. Moses Highway; Uvalda, Montgomery

County................................. 1689, 1694, 1839, 1912, 1984, 2037

HR 950--Alternative Fuels Joint Study Committee

1886, 1900

HR 955--Bedell, Rosa L.; compensate .................. 1742, 1747, 2671, 2679, 3192

HR 966--Property Conveyance; water/sewer line easement in

Pulaski County; sell land tract to Richmond County

1741, 1747,

1908, 1964, 2261, 2452, 3202

HR 976--Designate; Martin Dooley Parkway; S.R. 61, Eton, Murray

County................................. 1689, 1694, 1839, 1912, 2261, 2455

HR 978--Designate; Harry Leon Simpson Parkway; S. R. 52 from

Dalton ................................. 1689, 1694, 1839, 1912, 2261, 2456

HR 992--General Assembly; Adjournment; February 28 to March 02

1372, 1375

HR 995--Cobb County; Board of Commissioners; mental health

services; urge funding ........................................ 1423, 1426

HR 997--Local Constitutional Amendments, Acts Repealing;

voter approval; clarify meaning of HR 16 adopted 1991

1829, 1835,

2046, 2055, 2260, 2321, 2322

HR 1008--Designate; J. C. "Jake" Woods Avenue within City of

Trion .................................. 1830, 1835, 2674, 2679, 2900, 2932

HR 1010--Designate; Scooterville Highway; Ga. Hwy 256, Worth

County...................... 1883, 1897, 2674, 2679, 3360, 3373, 3375, 3396

HR 1017--Property Conveyance; City of Moultrie; annexation GBI crime

lab ................................... 1741, 1747, 1908, 1964, 2261, 2456

HR 1018--General Assembly; Adjournment; March 06 to March 11 1624, 1673, 1684

HR 1029--Designate; Coleman's Bridge across Ohoopee River, Tattnall

County. ..................... 1830, 1835, 2674, 2679, 3360, 3373, 3375, 3397

HR 1038--General Assembly; Adjournment; March 12 to

March 17 ................................... 1725, 1785, 1794, 1807, 1823

HR 1045--Litman, Bishop Johnny Lee, Jr. of Albany; commend

1830, 1846

HR 1106--General Assembly; Adjournment; March 20 to

March 23 ............................................. 1999, 2034, 2040

HR 1170--Commercial Driver's License; federal deadline; urge extend

date ........................................................ 2871, 2877

HR 1182--General Assembly; Adjournment; March 25 to

March 30 .............................................. 2813, 2834, 2869

INDEX

3649

PART III

ALPHABETICAL INDEX

AARP CHAPTER NO. 1952; commend .................................... SR 577

ABBEVILLE, CITY OF; Property Conveyance; sewer main easement, Wilcox Correctional Institute .................................... HR 787

ACCOUNTANTS, PUBLIC Alleged Negligence; damage actions; period of limitations State Board of Accountancy; repeal termination provisions

HB 1219 SB 535

ACKER, MAJOR GENERAL WILLIAM P.; commend

SR 542

ACWORTH, CITY OF

Corporate Limits; change ................................................ HB 1543

Municipal Court; probation office created; chief judge duties

HB 1768

Property Conveyance; easement for downtown master plan improvements;

repeal 1985 Act......................................................... SR 375

AD VALOREM TAX (Also See Revenue and Taxation and Homestead

Exemption)

Appraisers of County Property for Tax Purpose; license exception

HB 1289

Assessed Value of Property; notice of criteria used to compute

SB 502

Atlanta; school taxes received; pay to Board of Education .................. HB 1926

Boats and Watercraft Located Outside Resident County; tax situs

HB 1263

Carroll County; time for making return; repeal population bracket............ HB 1886

Conveyance of Conservation Easement; entitle owner to revaluation ......... HB 1388

Counties; board of tax assessors; elections by local Act ........................ SB 44

County Boards of Equalization; additional; assessment services .............. HB 1114

County Boards of Equalization; additional boards; DeKalb County .......... HB 2041

County Boards of Equalization; additional; population provisions

HB 1117

County Tax Digests; 3-year evaluation cycles; review, approval, disapproval;

tax collections; appeals; penalties

HB 1595

County Tax Levy to Finance Services for At-risk Children; referendum

SB 424

Delinquent Tax Payments; penalties; certain populated counties

SB 633

Exemption; armed forces veterans post headquarters; statewide referendum SB 280

Exemption; property of community service organizations; referendum ........ HB 1375

Exemption; ships, boats, vessels used to clean up oil spills .................... SB 734

Freeport Exemption; qualifying procedures; finished goods; raw materials;

stock in trade of a retailer; time period ................................. HB 1286

Freeport Exemption; question calling for a referendum election

HB 1243

Freeport Exemption; referendum election; date; time period ................. HB 198

Historic Properties; preferential assessment; extend definition ................. SB 607

Homestead Exemption; application filing; Clarke County

HB 1896

Homestead Exemption; leased property improvement; referendum ............. SB 440

Homestead Exemptions; filing; update applicable population

HB 1885

Refer to numerical index for page numbers

3650

JOURNAL OF THE SENATE

AD VALOREM TAX (Continued)

Litigation; civil actions; payment before tax becomes delinquent

HB 1428

Local School Systems; additional revenue sources; amend Constitution ......... SR 362

Manufacturing Goods, Materials; freeport exemption; referendums........... HB 1243

Mobile Homes; decal violations; prosecution in magistrate courts ...

HB 1927

Mobile Homes; location permits; Clarke County population bracket

HB 1891

Mobile Homes; location permits, decals; violations; prosecution................ SB 783

Mobile Homes; location permits, returns; Clarke County.................... HB 1895

Mobile Homes; location permits, taxes; due date ........................... HB 1279

Mobile Homes; location permits; time for obtaining

HB 1880

Mobile Homes; permits; decals; tax due dates; violations...................... SB 617

Motor Vehicles; classification; nonresident owned heavy equipment

HR 715

Motor Vehicles; classification; nonresident owned heavy equipment

HB 1279

Motor Vehicles; classification; nonresident owned heavy equipment .......... HB 1460

Property Acquired by Real Estate Transfer; return for taxation ............. HB 1561

Property Assessment; limit certain increases from previous years .............. SR 434

Property; disputed assessments; appeals by public utilities; date interest

begins to accrue ...................................................... HB 1562

Property Fair Market Value; existing use criteria ........................... HB 233

School Property Digest; QBE local fair share; limit amount of ................ SB 537

School Property Taxes; QBE fair share funding formula ...................... SB 514

School Tax Revenue; evaluation of tax structure by state commission

SR 443

School Taxes; collection by tax commissioners; funds retained................. SB 803

Tax Assessors; county boards; appeals; use of outside appraisers ............ HB 1124

Tax Assessors; joint city-county board; assessment appeals, review .......... HB 1118

Tax Assessors; joint city-county boards; transition when abolished ........... HB 1537

Tax Assessors; returns; time for revisions; Clarke County ................... HB 1897

Tax Commissioners, Collectors, Appraisers; change duties; oath

SB 539

Tax Commissioners, Collectors, Receivers; change duties; oath ................ SB 617

Tax Executions; administration fee may include attorneys' fees

SB 56

Tax Officials; date for closing books; certain populated counties ............... SB 695

Tax Officials; presentation of returns; Clarke County ....................... HB 1892

Tax Officials; presentation of tax returns; Whitfield County ................. HB 1883

Tax Officials; time to receive returns; Clarke County ....................... HB 1893

Time for Making Tax Returns; counties between 74,500 - 77,000 ............ HB 2085

Unpaid Taxes; interest; applicable population, Clarke County

HB 1894

Unpaid Taxes; interest; counties between 74,500 - 77,000 ................... HB 2088

Unpaid Taxes; interest; update Whitfield County population ................ HB 1878

Unpaid Taxes; penalties; applicable Cobb County .......................... HB 2042

ADERHOLD, JOHN E., CHAIRMAN WORLD CONGRESS CENTER AUTHORITY; commend ............................................. SR 535

ADJOURNMENT General Assembly; February 7 to February 10 .............................. HR 830 General Assembly; February 14 to February 17 .............................. SR 476 General Assembly; February 21 to February 24 ............................. HR 929 General Assembly; February 28 to March 2 ................................ HR 992 General Assembly; January 17 to February 3 ............................... HR 642 General Assembly; March 6 to March 11 .................................. HR 1018 General Assembly; March 12 to March 17 ................................. HR 1038 General Assembly; March 20 to March 23 ................................. HR 1106 General Assembly; March 25 to March 30 ................................. HR 1182 March 31, 1991; 40th Legislative Day; sine die midnight.

Refer to numerical index for page numbers

INDEX

3651

ADJUTANT GENERAL OF GEORGIA; ex officio member; Georgia Military College Board of Trustees ......................................... SB 461

ADMINISTRATIVE PROCEDURE ACT Administrative Proceedings; open records requests ........................... SB 604 State Agencies; rules; proposed or amended; requirements .................... SB 534

ADMINISTRATIVE SERVICES DEPARTMENT

Administrator of Universal Service Fund; state-wide learning and

telemedicine network; commissioner on governing board .................... SB 144

Fiscal Division; administer Technology Related Assistance Trust Fund

for Individuals with Disabilities .......................................... SB 269

Hospital Authorities; contracts; purchase of commodities

...

SB 562

Public Safety Radio Services; joint use; 1990 population figure ................ SB 801

ADOPTION Birth Certificates; adoptees born outside state, legitimation ................... SB 601 Petition Hearings; report of child-placing, investigating agencies; cost reimbursement ................................................... HB 1599

ADVERTISING (Also See Media)

Bankruptcy; debt counseling; urge monitor deceptive practices ................ SR 426

Business Opportunity Sellers or Companies; prohibited acts. ................ HB 1502

Concert Promoters; ticket advertisements; disclose lip synched music

.SB 9

Direct Response Advertising by an Insurer; deceptive practices............... HB 904

Driver Improvement Clinics, DUI Reduction Programs; restrictions .......... HB 1582

False; regulate use of terms pertaining debt or bankruptcy ................... SB 582

Insurance, Direct Response; unfair business practices......................... SB 390

Insurers; duty to publish notice of rate filing ................................. SB 28

Judicial Sales; designation of county official newspaper ..................... HB 1545

Legal; county official organ of publication; requirements ...................... SB 515

Loan Brokers; misrepresentation as to services; penalties

HB 1210

Merchandise or Services for Sale; availability disclaimers ................... HB 1556

Outdoor Advertising Along State Highways; prohibited trimming .............. SB 152

Pawnbrokers; prohibit use of term "loan"; required wording ................ HB 1144

Personal Care Homes; misrepresenting services provided

HB 1640

Professional Legal Services; false or deceptive practices..................... HB 1860

Telephone Classified Advertising Directories; deceptive practices

HB 1314

AGED (See Elderly)

AGRICULTURE

Agricultural Operations, Farm Products, Crops; definition; equines ............ SB 520

Animal Kennels, Stables, Shelters, Pet Dealers; license fees ................. HB 1201

Animals; offense of cruelty; criminal penalties ............................. HB 1691

Aquaculture Development Act; hatcheries; food processing; sales .............. SB 630

Bird Dealers; licenses; increase annual fees

HB 1197

Commercial Feed Dealers; annual license fee .............................. HB 1225

Commercial Feeds, Pet Food; regulation of; prohibited acts; fees

HB 1200

Commissioner; duties; Aquaculture Development Commission ................. SB 630

Commissioner; election by plurality of votes cast; amend Constitution ... SR 169

Commissioner; future successors to office shall be appointed by

Governor; amend Constitution .......................................... HR 332

Commissioner; Public Officials Conduct and Lobbyist Disclosure Act;

applicable ............................................................ HB 1125

Dairy Manufacturing Plants; change definition............................. HB 1194

Dealers and Producers; transfer of ownership; payment; inspection

HB 1241

Department; licensees, lessees; political campaign contributions

SB 458

Refer to numerical index for page numbers

3652

JOURNAL OF THE SENATE

AGRICULTURE (Continued)

Farm Equipment, Tractors; manufacturers, dealers, distributors; business

practices ............................................................... SR 486

Frozen Dessert Packagers; permitted as food service establishment .......... HB 1194

Gasoline Products Containing Alcohol; labeling of pump dispensers

SB 140

Grain, Commercial Feed Dealers or Warehouseman; license fees ............. HB 1723

Grain Dealers; annual license fee ......................................... HB 1225

Grain Dealers; state license; fee charge.................................... HB 1198

Ground-water Use and Quality; advisory council to study..................... SB 618

Honeybee Colonies; destroyed property; reduce compensation ............... HB 1195

Horses; Humane Care for Equines Act.................................... HB 1265

Horses; equine activities; injury risks; liability; immunity ..................... SB 287

Horses, Mules, Asses; Humane Care for Equines Act; enact ................... SB 520

Horses, Mules, Asses Subjected to Cruelty; impoundment, care

SB 771

Horticulture Industry, Nurserymen, Landscapers; commend ................... SR 376

Liming Materials; regulation; licenses; fees; registration; fees

SB 521

Livestock; registered marks or brands; leased; liability of purchaser, seller HB 1540

Migrant Farm Workers; driver's license exemption .......................... HB 245

Ostriches Farming, Commercial Production; urge feasibility study

HR 772

Pesticides; county, municipality prohibited regulate; variances

HB 1196

Poultry Products Inspection Act, Georgia; enact .............................. SB 36

Product Dealers; bond requirements; definition; dairy products ................ SB 519

Products; vehicles hauling; PSC regulated motor common carriers ............. SB 812

Resource Conservation Development Councils; nonprofit contractors

HB 1232

Scales for Weights, Measures; inspection, registration fees .................. HB 1193

Seeds; labeling requirements; calendar year produced; exception ............. HB 1747

Sharecropping Agreements; secured transactions; production loans

HB 1420

Tobacco as a Legal Agricultural Product; prohibit job discrimination

SB 251

Tobacco; auction sales of flue-cured leaf tobacco; license fees ............... HB 1199

Tobacco Products; use during nonworking hours; employers

prohibited penalize employees........................................... HB 728

Warehouseman; license, inspections; fees; receipts as collateral .............. HB 1225

Warehouseman; licenses; annual fees; grain dealers ......................... HB 1723

Water Supply, Periods of Drought; study certain river check dams ............ SR 496

AIDS, ACQUIRED IMMUNE DEFICIENCY SYNDROME Inmates Transferred Other Facilities; disclosure to receiving facility infectious diseased or HIV infected ................................................ SB 128 Sex Education; teaching abstinence as a method of prevention ................ SB 330

AIR POLLUTION

Clean Air Solutions Study Committee ......................... SR 435

Vehicle Emission Inspection Equipment; federal EPA rules

SR 531

Vehicle Emission Inspection Equipment; federal rules ....................... HR 930

Vehicle Fuel Usage; committee to study alternatives, air quality.............. HR 950

Vessels Used Clean Up Oil Spill Pollution; exempt ad valorem tax ............ SB 734

AIRPORTS (See Aviation)

ALAPAHA RIVER

Committee to study construction of check dam .............................. SR 496

Water quality; develop river basin management plan

SB 637

ALBANY, CITY OF; Albany Day at State Capitol; February 3, 1992; declare SR 385

ALBERT, HONORABLE FRANK; commend

SR 601

ALBERT, SENATOR FRANK; excused; pressing business ................ Page 1333

Refer to numerical index for page numbers

INDEX

3653

ALCOHOLIC BEVERAGES AND ALCOHOLISM (Also See

Driving Under Influence or Motor Vehicles)

Alcoholics; involuntary emergency treatment; evaluations ................... HB 1068

Alcoholism; treatment by psychologists; involuntary treatment review

HB 408

Alcoholism; treatment facilities; notices of proposed location

HB 573

Boating Under Influence Alcohol or Drugs; change provisions

SB 474

Boats; operating under influence; presumptions; blood alcohol content

HB 707

Bottled Alcohol Products; packaging; toxic metals levels

HB 124

Catered Functions; licensing of alcoholic beverage caterers

SB 319

Coliseum Authorities; sales for consumption on premises ................... HB 1437

Coliseum Authorities; sales for consumption on premises ................... HB 1451

Distilled Spirits, Table and Dessert Wines; increase excise tax

HB 1741

DUI Alcohol Reduction Programs; operators, instructors, records check;

fees; corrections facilities ............................................... HB 358

DUI; blood alcohol concentration level; lower presumptive level ............... SB 113

DUI; blood alcohol concentration level; lower to 0.05 grams

SB 91

DUI; blood alcohol concentration level; lower to 0.10%; presumption

SB 275

DUI; blood alcohol concentration level; 0.10 grams; presumption

SB 111

DUI; chemical tests for alcohol or drugs in blood ............................ SB 528

DUI; convicted persons; court records to insurance company

SB 664

DUI; license suspension; habitual violators; penalties; pleas ................... SB 274

DUI; habitual impaired driving; endangering a child; penalties

SB 487

DUI; persons convicted multiple times; punishment .......................... SB 273

DUI; pleas of nolo contendere; eliminate in drunk driving cases

SB 478

DUI; pleas of nolo contendere; restrict entry ................................ SB 640

DUI; pleas of nolo contendere; when entry not accepted ...................... SB 516

DUI; refuse chemical tests; serious accidents; license suspension

HB 451

DUI; second conviction; conditions for return of license; fees

SB 596

DUI; violations; license suspension; driver improvement program

SB 489

DUI While Operating Aircraft; offense of homicide by aircraft

HB 1294

Excise Tax Payments for Distilled Spirits and Alcohol; procedures

SB 774

License to Sell for Consumption on Premises; Liberty County

HB 1451

Licenses to Sell Distilled Spirits by Drink; population update

HB 1708

Licenses to Sell; restaurants, private clubs; Morgan County ................. HB 1533

Malt Beverages; who may produce for home consumption

HB 62

Minors; entry onto premises where sold; persons under age 18

HB 2015

Open Containers; possession by vehicle driver or passenger; penalty

SB 156

Open Containers; possession while driving; restrictions; penalty ................ SB 52

Persons Under Age 21; possession; license suspension; reinstatement

conditions ............................................................. HB 150

Premises Licensed to Dispense; employees prohibited drink at work

HB 2015

Premises Licensed to Dispense; prohibited conduct by employees

SB 589

Sale of Alcoholic Beverages by Passenger Vessels

SB 265

Sales Near Election Polling Places; supermarket, grocery stores

SB 549

Sales on Sundays at Public Festivals; cities, counties over 400,000

SB 728

Sales on Sundays at Public Festivals; cities of 300,000 or more

SB 746

Sales on Sundays by the Drink; referendum approval; Glynn County

HB 1451

Sales on Sundays; update population provision; Whitfield County

HB 1882

World Congress Center; sale or dispensing alcoholic beverages

SB 773

World Congress Center; sale or dispensing alcoholic beverages .............. HB 1942

ALI, MUHAMMAD; commend ............................................. SR 557

ALIEN RESIDENTS; unemployment compensation; eligibility; wages defined SB 560

Refer to numerical index for page numbers

3654

JOURNAL OF THE SENATE

ALIMONY Child Support; computation of awards; revise determining factors ............. SB 711 Child Support; education financial assistance to age 21; factors................ SB 380 Divorce Cases; eliminate jury trials; court render verdict...................... SB 479 Divorce Cases; judgments; when court render without jury verdict ............. SR 353

ALLEN, SENATOR ROY Excused; federal court appearances ........................................ Page 13 Excused; illness ........................................................ Page 1386 Excused; one hour ............................................... Pages 2774, 3035 Excused; to be with wife who is expecting. ............................... Page 2300

ALLIGATORS Hunting License; fees ................................................... HB 1392 Illegal Hunting; penalties ............'.................................... HB 1548

ALPHARETTA, CITY OF Alpharetta Community Improvement Districts Act; enact ................... HB 2127 Boards, Commissions, Agencies; regulations; city council powers ............. HB 1732 City Council; election districts; reapportion; referendum .................... HB 1729

ALTAMAHA RIVER Committee to study construction of check dam .............................. SR 496 Water quality; develop river basin management plan ......................... SB 637

ALTERNATIVE FUELS JOINT STUDY COMMITTEE

HR 950

ALZHEIMER'S ASSOCIATION, ATLANTA AREA CHAPTER; recognize................................................................. SR 532

AMBULANCES (Also See Emergency Medical Services) Emergency Ambulance Providers; territorial zones; plan approval.............. SB 810 Emergency Responders; use of private vehicles in emergencies ................ SB 499 Emergency Services Providers; issuance of certain drugs, controlled substances by pharmacies; procedures..................................... SB 284 Telephones; public pay phone; free emergency calls .......................... SB 206

AMERICAN INDIANS Council on American Indian Concerns; creation; powers, duties............... HB 457 Human Remains, Burial Objects; custodians; duties; prohibited activities; disputes between tribes, descendants and museums ....................... HB 457

AMERICUS, CITY OF; new charter...................................... HB 1630

AMUSEMENT MACHINES; coin operated; exempt sales tax; provide for operator licenses, permit fees ......................................... HB 1256

AMUSEMENT RIDE SAFETY ACT (Also See Carnival)

ANATOMICAL GIFTS (See Health or Living Wills)

ANDERSON, DR. THOMAS J., JR.; commend

SR 550

ANDERSON, ERNEST R.; condolences to family ........................... SR 367

ANIMALS

Agricultural Operations; livestock, poultry, apiarian products

...

SB 520

Animal Food Manufacturer; defined, Poultry Products Inspection Act

SB 36

Bird Dealers; licenses; increase annual fees ................................ HB 1197

Cockfighting, Offense of; felony penalty; definition

SB 219

Cruelty to Animals; offenses constituting abuse; penalties ..................... SB 772

Deer Baiting; committee to study hunting around feeding sites................ SR 525

Refer to numerical index for page numbers

INDEX

3655

ANIMALS (Continued)

Dogs Used by Mobility Impaired Persons; rights and privileges .............. HB 835

Foxes; conditions for trapping, holding live foxes; licenses .................. HB 1668

Horses; equine activities; shows, fairs, competitions, boarding; injury risks;

notices; liability; immunity............................................... SB 287

Horses, Mules, Asses; equines, provide for humane care ...................... SB 771

Horses, Mules, Asses; Humane Care for Equines Act ....................... HB 1265

Horses, Mules, Asses Subjected to Cruelty; impoundment..................... SB 520

Hunters, Trappers; license fee increases, changes........................... HB 1392

Law Enforcement Dogs; offense of simple battery against; punishment ......... SB 255

Livestock; registered marks, brands; purchaser, seller liability

HB 1540

Offense of Cruelty to Animals; criminal penalties

HB 1691

Pet Dealers, Kennels, Stables, Shelter Operations; license fees

HB 1201

Pet Foods; commercial feeds; regulation of; prohibited acts ................. HB 1200

Pogo 'Possum; designate as official state symbol

SB 651

Pogo 'Possum; designate as official state symbol

HB 1325

Pogo 'Possum; designate as official state symbol ........................... HB 1548

Rabies Control; inoculation of felines; certificates

SB 602

Taxidermists; licensing requirements; create state examining board

SB 333

Wildlife; change provisions relative to hunting and trapping

HB 1322

Wildlife; hunting violations; killing from certain vessels, vehicles; hunting

at night or on public roads; punishment ................................ HB 1548

ANNEXATION; municipalities; procedures; prohibitions; duties

HB 113

APPEALS AND ERROR

Appeals in Contested Municipal Primaries or Elections..................... HB 1374

Appellate Court; hearing calendar; publication; Georgia Register Act

SB 379

Appellate Courts; application procedure; child custody cases .................. SB 542

Former Apellate Court Judges Appearing as Counsel; prohibitions

SR 76

State Board of Workers' Compensation; appellate division;

administrative law judges; powers ...................................... HB 1679

Workers' Compensation; judicial review of final awards ....................... SB 702

APPLING COUNTY

Baxley-Appling County Hospital Authority; members; appointment

HB 2142

Board of Commissioners; election districts; reapportion

HB 2114

Board of Education; election districts; reapportion ......................... HB 2113

Superior Court; Brunswick Circuit; fifth judgeship ........................... SB 314

APPOINTMENTS BY GOVERNOR

Pages 872, 1794

Adamson, Dr. Cal................................................. Pages 876, 1801

Alden, Hewett M.................................................. Pages 873, 1797

Allgood, Thomas F. ............................................... Pages 877, 1802

Anderson, Joan ................................................... Pages 874, 1798

Attaway, John .................................................... Pages 873, 1797

Bailey, Bobbie .................................................... Pages 875, 1800

Barwick, Otis Jack ................................................ Pages 872, 1796

Beverly, Joe E. ................................................... Pages 875, 1800

Bice, Florence Ann................................................ Pages 876, 1801

Biggins, J. Veronica ............................................... Pages 874, 1799

Bigham, Norman C................................................ Pages 876, 1801

Blackburn, Turner A., Jr........................................... Pages 876, 1800

Blackmon, Zell S., Jr. ............................................. Pages 876, 1801

Blanding, Roland E., Jr............................................ Pages 873, 1798

Bohler, C. Emory ................................................. Pages 874, 1799

Refer to numerical index for page numbers

3656

JOURNAL OF THE SENATE

APPOINTMENTS BY GOVERNOR (Continued) Bradley, Johnnie................................ Brandsma, Jeffrey Melvin ....................... Brantley, Vicky ................................. Brightwell, Larry ............................... Brock, Elizabeth ................................ Brown, Lewis P., Jr. ............................ Brown, Ronald ................................. Browne, Donald T............................... Bryan, F. Sibley, Jr. ............................ Bryant, J. D. ................................... Burdette, Charles T. ............................ Busey, Thomas T. . . . .......................... Cabell, Christine L. ........................... Carlton, 0. D., II ............................... Carpenter, Bill ................................. Carson, Wit B., Ill.............................. Clark, Merle E. ................................. Clark, S. William, Jr. ........................... Cody, Carlos ................................... Coleman, Mick ................................. Collins, William C. .............................. Colton, Pamela S................................ Cooper, Curtis V. ............................... Crosslin, Dave .................................. Daniell, Raymond L. ............................ Davis, Burl..................................... Davis, T. Lynn ................................. Day, Dr. Sherman R............................. Deal, Therry ................................... Deaton, Dr. Edward V. .......................... Doss, Sam W., Jr................................ Dover, Leon .................................... Eckles, Edwin C. ............................... Eidelman, Yuri ................................. Ellis, John, Jr................................... Enos, Sandra ................................... Ensley, Richard Robert.......................... Evans, Walter B. ............................... Faulk, Thomas H. .............................. Fitzpatrick, Lola ................................ Fowler, Fred Eugene ............................ Fowler, R. Dean ................................ Franzoni, Janet B. .............................. Fuller, Lamar .................................. Fullerton, Carol Hood Garner, Cyler................................... Garrard, Lenora Jordan ......................... Gillis, Jim L., Jr. .............................. Ginn, Leonora .................................. Gore, J. Robert................................. Greene, Richard ................................ Griffin, Melvin J. ............................... Hanson, Charlene M. J.
Refer to numerical index for page numbers

875. 1800 Pages 876. 1801 Pages 876, 1801 Pages 875, 1799
874, 1798 Pages 874, 1798 Pages 874. 1798 Pages 875. 1800
876. 1801 Pages 875, 1799 Pages 873, 1797 Pages 875, 1799 Pages 874, 1798 Pages 874, 1799 Pages 873, 1797 Pages 875. 1800 Pages 876. 1800 Pages 877. 1802 Pages 876, 1801 Pages 873. 1797 Pages 874. 1798
873. 1797 Pages 874. 1798 Pages 872. 1796 Pages 873. 1797 Pages 875, 1799 Pages 872, 1796 Pages 876, 1801 Pages 873, 1797 Pages 876, 1801 Pages 875, 1800 Pages 873, 1797 Pages 877, 1802 Pages 873, 1797 Pages 873. 1797 Pages 874. 1798 Pages 876, 1800 Pages 873. 1798 Pages 874. 1798
874, 1798 Pages 873. 1797 Pages 874. 1799 Pages 876, 1801
873, 1797 875, 1799 Pages 874. 1798 Pages 875. 1800 Pages 874, 1798 Pages 874, 1798 874. 1798 Pages 875. 1799 873. 1797 Pages 874. 1798

INDEX
APPOINTMENTS BY GOVERNOR (Continued) Harden, Berdie R. .............................. Hardy, Lana Copeland .......................... Harrison, Morris Edwin, Sr. ..................... Hitch, William S. ............................... Holcomb, Stephan D. Holloway, M. McNeill, III Housworth, Jack H. ............................. Hunt, John .................................... Irwin, W. Gordon ............................... Jacobs, N.A., Jr. ................................ James, Brenda Boyd ............................ Jimenez, A. Louis ............................... Johnson, Charles G.............................. Johnson, Douglas R. ............................ Johnson, William Harry ......................... Jones, Harley Kemp ............................ Jones, J. Gregory ............................... Jones, Michael M. .............................. Jones, Thomas F. ............................... Kanto, William P., Jr............................ Keener, Ellis B. ................................ Keith, Johnnie ................................. Kelly, Kathryn B................................ Kilburn, James B. .............................. Kilburn, Galen, Jr............................... King, Barbara .................................. King, Barbara T. ............................... Lambert, Vickie A............................... Lance, Charles.................................. Lance, William R., Jr............................ Lane, Roger Lanier, Peggy Sue Lathem, Hollis Q................................ Levy, Louis I. .................................. Lewis, Ellen C. ................................. Lewis, Terry W. ................................ Logue, A. Keith ................................ Lovell, Judy Davidson........................... Lowery, Bill .................................... McDevitt, Michael J............................. Maddux, Richard H. ............................ Mallard, Mary.................................. Mann, William T................................ Manning, Charles W., Sr. ........................ Marsh, Ben F. ................... Mather, John................................... Mayfield, Thaddus .............................. Miller, Johnnie R. .............................. Mixon, Eunice L. ............................... Moore, Henry J. ................................ Napty, Ron .................................... Nordmark, William G. .......................... Outlaw, William M. .............................
Refer to numerical index for page numbers

3657
Pages 873, 1798 Pages 873, 1797 Pages 873, 1797 Pages 875, 1799
873, 1797 Pages 877, 1802
873. 1797 Pages 874. 1799 Pages 875. 1799 Pages 872. 1796 Pages 873. 1797 Pages 876, 1801 Pages 874, 1799 Pages 873, 1797 Pages 873, 1797 Pages 875, 1800 Pages 874, 1798 Pages 876, 1801 Pages 873, 1798
875, 1799 Pages 875, 1799 Pages 874, 1798
873, 1797 Pages 876, 1800
874, 1798 Pages 874, 1799
873, 1797 Pages 875, 1800 Pages 873, 1797
873, 1797 Pages 873, 1797 Pages 873, 1797
873, 1797 875. 1799 876. 1801 Pages 873, 1797 Pages 877, 1801 Pages 876, 1801 Pages 875, 1800 Pages 873, 1797 Pages 877, 1802 873, 1797 Pages 873, 1797 Pages 872, 1796 Pages 872, 1796 875, 1799 873, 1798 876. 1801 877. 1802 Pages 873. 1798 Pages 874. 1798 874, 1798 Pages 873, 1798

3658

JOURNAL OF THE SENATE

APPOINTMENTS BY GOVERNOR (Continued)

Payne, Thomas C. ..............................

Perry, Reginald A. ..............................

Pirkle, W. Doug ................................

Plemons, J. M. .................................

Poeppelman, Jerome F...........................

Pursley, Norman B. .............................

Rackleff, Richard D.

Redd, A. M., Jr. ................................

Rhodes, Edgar L. ...............................

Rhodes, F. Edward .............................

Richardson, Babs ...............................

Riley, J. C......................................

Roquemore, William A...........................

Sharpe, Julie ...................................

Short, C. Robert................................

Shurbutt, C. Lewis ..............................

Simonds, Deborah ..............................

Skinner, Tamara B. .............................

Smaha, Paul G..................................

Smith, H. Grady, III

Smith, James J. ................................

Smith, Nancy D.................................

Smith, R. D., Jr.................................

Smith, Raymechia ..............................

Spain, William H. ..............................

Stephens, Michael D.

......

Stephens, Vivian................................

Stephens, William V.............................

Stevens, Ricky Dean ............................

Stone, R. Kenny ................................

Stroud, Anne G. ................................

Swaney, Hoyt L.................................

Swann, James M. ...............................

Tatum, David R. ...............................

Tedesco, Francis ................................

Thurman, John H. ..............................

Toole, Franklin A. ..............................

Toth, Dr. Floyd ................................

Travis, Nancy E. ...............................

Turner, Richard J. ..............................

Turpin, W. Richard

Vardeman, Kirkwood F. .........................

Warren, Johnny ................................

Waters, Bill G. .................................

Watson, John D., Jr. ............................

Waymer, Robert W..............................

Weeks, James M. ...............................

Wetherbee, Katherine L.

Whelchel, Hubert W.............................

Williams, George B., Jr. ........................

Williams, Jasper W., Jr. ........................

Williams, Shirley A..............................

Wilkes, Ray

Refer to numerical index for page numbers

873, 1797
873, 1797
873, 1797
873, 1797 Pages 876, 1801 Pages 875. 1799 Pages 876. 1801
877. 1801
877, 1802 Pages 873, 1797 Pages 875. 1800 Pages 876. 1800 Pages 872. 1796 Pages 873. 1797 Pages 875, 1800 Pages 873, 1797 Pages 876, 1801
873, 1797 Pages 876, 1801
873, 1797
873, 1797 Pages 873, 1797 Pages 877, 1802 Pages 876, 1801 Pages 872. 1796 Pages 873. 1797
876, 1801 Pages 874, 1798 Pages 873. 1797 Pages 874. 1799 Pages 874, 1798 Pages 873, 1797
873. 1797 Pages 874. 1798 Pages 874, 1798 Pages 874, 1798 Pages 873, 1798 Pages 876, 1801 Pages 873. 1797
874. 1798 Pages 872, 1796
877, 1802
Pages 875, 1799
Pages 874, 1798
Pages 874. 1798
Pages 875. 1800
Pages 874, 1798
Pages 874, 1798
Pages 873, 1797 Pages 876, 1801 Pages 874, 1798
Pages 876, 1801 Pages 873, 1797

INDEX

3659

APPOINTMENTS BY GOVERNOR (Continued) Williams, J. T. ................................................... Pages 873, 1797 Williams, John R.................................................. Pages 875, 1800 Williams, Lewis................................................... Pages 874, 1798 Wills, William Ralph, III .......................................... Pages 872, 1796 Wohlford, Thomas C., Ill.......................................... Pages 874, 1798 Woodruff, Lynda D................................................ Pages 876, 1800 Wyle, John Carter ................................................ Pages 872, 1796 Yorker, Alan M. .................................................. Pages 876, 1801 Young, William Douglas ........................................... Pages 875, 1800

APPROPRIATIONS AND FISCAL AFFAIRS

Appropriations, General; State FY 1992-1993 .............................. HB 1261

Appropriations, Supplemental to HB 1EX, FY 1991-1992

HB 1262

Budget Requests; reports; proposed property acquisition, lease ................ SB 638

Fiscal Affairs Subcommittees of Senate; selection of members .................. SB 49

Fiscal Program Reviews of Each State Agency; requirements.................. SB 642

Fiscal Year of State Government; April 1 - March 31 beginning 1993

HR 32

Mandatory Appropriations for Education; amend Constitution

SR 437

MARTA; state, federal funds; eligibility; use restrictions..................... HB 586

State Agencies; request formulate cost downsizing plans ...................... SR 534

State Budget; revenue bills; voting quorum of General Assembly .............. SR 509

Supplementary Appropriations; General Assembly prohibited enact ............ SR 356

AQUACULTURE DEVELOPMENT ACT, GEORGIA; enact

SB 630

ARBOR DAY OBSERVANCE, 101ST ANNIVERSITY; recognizing

SR 416

ARBORETUM OF GEORGIA; Designate the Thomson Mills Forest of the University of Georgia ................. HR 225

ARCHERY Legal Weapons for Hunting Wildlife; restrictions .......................... HB 1322 Season for Hunting Deer; use of crossbows .................................. SB 427

ARCHITECTS Georgia Board of Landscape Architects; extend to 1994 .................... HB 1350 State Board of Architects; repeal termination provisions ...................... SB 535 State Board; registration, certification of interior designers.................... SB 168 Theft; conversion of payments for property improvements; evidence ........... SB 132

AREA PLANNING AND DEVELOPMENT AUTHORITIES (See Authorities or Development Authorities)

ARMSTRONG, MRS. LUCILLE; birthday congratulations. .................. SR 391

ARRESTS

Family Violence or Protective Order Violations; probable cause basis

HB 298

Transfer Person to Municipal Jurisdiction Where Offense Occurred. ........... SB 497

ARSON; Uniform Reporting of Suspicious Fires, Explosions, Injuries

HB 1503

ARTS

Art; works of fine art; printers; remove duplication requirements

HB 1902

Folk Art; official state festival; Georgia Folk Festival ....................... HB 1361

Georgia Citizens for the Arts; commend..................................... SR 386

Lynwood Hall, Georgia Artist of the Year; commend ........................ SR 401

Music Industry Committees and Citizens' Advisory Council ................... SR 412

Official Georgia State Theater; Springer Opera House in Columbus

HB 1151

State Symbols; jazz music, designate during month of February ............... SR 479

Refer to numerical index for page numbers

3660

JOURNAL OF THE SENATE

ARTS (Continued) Youth Art Month; recognize ............................................... SR 415

ASBESTOS Asbestos Licensing Board; repeal termination provisions ...................... SB 535 Removal; persons employed by contractors; training required ................. SB 760

ASSAULT AND BATTERY

Aggravated Assault, Battery; sentencing; limit parole actions ................ HB 1607

Family Violence; arrest based on probable cause; felonious acts .............. HB 298

Offense of Murder Against Persons Over Age 65; punishment ................. SB 837

Offense of Simple Battery Against Law Enforcement Officers, Dogs

SB 255

Street Gang Terrorism and Prevention Act, Georgia; enact ................... SB 735

ATHENS, CITY OF

Athens-Clarke County; commissioners; election districts; audits

HB 1491

Athens-Clarke County; homestead exemption; referendum

SB 861

Athens-Clarke County Industrial Development Authority; membership ......... SB 866

Athens-Clarke County; state court; solicitor; compensation

HB 1492

Athens-Clarke County Unified Government; congratulating

SR 436

Property Conveyance; disposition of Labor Department property

HR 778

Property Conveyance; sewer easement; Area Technical Institute

HR 829

ATHLETICS (Also See Olympic Games)

Athlete Agent Regulatory Commission; termination provisions

SB 535

Boxing and Wrestling; promoters and events; regulation; licensure

HB 9

Georgia Board of Athletic Trainers; termination provisions ................... SB 535

Income Taxes; taxable nonresidents; professional athletes

HB 1377

Students; No Pass/No Participate Rule; exempt certain students

SB 622

Team Physicians; voluntary services; limit tort liability ...................... HB 681

Tickets for Athletic Contests; agents; increase service charges ................. SB 700

Women's Fastpitch Softball; encourage in school systems

SR 560

ATLANTA CHAPTER OF JUVENILE DIABETES FOUNDATION; commend ............................................................... HR 757

ATLANTA, CITY OF

Ad Valorem; homestead exemption upon 30%increase in tax

classification; referendum .............................................. HB 1785

Ad Valorem; school taxes collected by Fulton County; payments ............ HB 1777

Ad Valorem; school taxes; homestead exemption; 30% increase in

tax classification; referendum .......................................... HB 1780

Ad Valorem; school taxes received; pay to Board of Education .............. HB 1926

Atlanta Area Technical School; acquisition by Board of Regents .............. SR 177

Atlanta-Fulton County; joint board of tax assessors; abolishment

HB 1537

Atlanta Metropolitan College; urge rename King-Abernathy State College

SR 107

Board of Education; referendum approving student uniforms

SB 231

Campus Police; law enforcement powers repealed; cities of 400,000

HB 610

Councilmembers; duties; deposits of unexpended public funds

SB 253

Municipal Bonds; proceeds; finance emergency home repair loans.............. SB 455

Municipal Court, Division of State Court; costs and service fees

HB 1712

Municipal Detention, Prison Facilities; additional fines to fund................ SB 694

Ordinances; contracts for criminal justice facilities ........................... SB 129

Property Conveyance; utilize certain WCC property as rights of way........... SR 414

Public Events $1.00 Admission Tax; authorize imposition

SB 261

Recreation Authority; persons ineligible serve as members

SB 658

School Bonds; issuance without referendum; repeal constitutional

amendment ........................................................... SB 205

Refer to numerical index for page numbers

INDEX

3661

ATLANTA JUDICIAL CIRCUIT; Assistant District Attorneys; salary...... HB 1398

ATLANTA MOTOR SPEEDWAY; commend............................... SR 565

ATLANTA PROJECT AND JIMMY CARTER; commend community efforts .................................................................. SR 468

ATTORNEY GENERAL

Duties; actions in discriminatory housing practices ........................... SB 615

Duties; election violations; investigation and prosecution

HB 1372

Duties; legal services; Georgia Airport Development Authority

HB 1106

Duties; legal services to Georgia Airport Development Authority

SB 544

Election by Plurality of Votes Cast; amend Constitution...................... SR 169

Official and Unofficial Opinions; publication, Georgia Register Act

SB 379

Powers; approve GBI investigate local law enforcement agencies

SB 38

Public Officials Conduct and Lobbyist Disclosure Act; applicable

HB 1125

ATTORNEYS (Also See Courts, Civil Practice, or Criminal

Proceedings)

Agent Powers for Health Care; statutory form; certification ................... SB 606

Applicants for Admission State Bar; urge Supreme Court amend rules

SR 514

Applicants for Bar Exam; rules governing approved law schools

SB 612

Assistant District Attorneys; LL.M. degree redefined ......................... SB 787

Bankruptcy Courts; debt counseling, fees, false advertising.................... SR 426

Bankruptcy or Debt Relief, Practice of; regulate advertising .................. SB 472

Bankruptcy Proceedings; notice to creditors prior commencing ................ SB 466

Bankruptcy Proceedings; when practicing as investment advisors

SB 467

Civil Practice; continuances; counsel serving General Assembly ................ SB 310

Client Escrow Money; interest-bearing accounts; conditions; proceeds

remitted for designated purposes ....................................... HB 1097

Commercial Agency Relationships; conditional power of attorney ............ HB 1518

Fees; litigating disclosure of public records, meetings ......................... SB 604

Fees; workers' compensation cases; method for payment ...................... SB 363

Former Supreme Court Justices, Appellate Judges Appearing as Counsel

SR 76

Indigent Defense in Capital Cases; multicounty public defender

SB 545

Legal Services; false advertising prohibited; public reprimand

HB 1860

Performing Notaries Public Duties; bond requirements ....................... SB 719

Tax Executions; delinquent taxes; administration fees may include

reasonable attorney fees .................................................. SB 56

Workers' Compensation; restrict fees and certain advertisements

HB 1679

AUCTIONS, AUCTIONEERS

Georgia Auctioneers Commission; repeal termination provisions

SB 535

Licensee; used motor vehicles sales; aggrieved persons; exempt

certain dealer requirements ............................................ HB 1637

Vehicle Tent or Auction Sales; contract cancellation rights.................... SB 353

AUDITS

Department; duties; annual audit of public school systems

SB 511

Department of Audits and Accounts; airline travel contracts

HB 1311

Georgia Lottery Corporation; duties; financial audits; reports................ HB 1541

State Auditor; duties; perform program reviews and evaluations

SB 410

State Auditor; duties; performance audits of regulatory agencies

SB 535

State Auditor; removal of uncollectable debts on financial records of

Labor Department .................................................... HB 1658

Refer to numerical index for page numbers

3662

JOURNAL OF THE SENATE

AUGUSTA, CITY OF Augusta-Richmond County Commission-Council; board of commissioners; election districts; reapportion; powers; duties ............................ HB 1838 Civil, Magistrate Court; judge emeritus; eligibility; retirement ................ HB 914 Consolidation with Cities of Hepzibah and Blythe and County .............. HB 1838 Mayor and Council Members; limiting the succession in office............... HB 2024

AUGUSTA JUDICIAL CIRCUIT; probation fines; county payments, disbursement ............................................................. SB 817

AUTHORITIES (Also See Development Authorities)

Coliseums; alcoholic beverages sales; counties over 140,000 .................. HB 1437

Coliseums; publicly owned; alcoholic beverage sales ........................ HB 1451

Development; board of directors; maximum number; terms .................. HB 666

Development; counties, municipal; redefine projects .......................... SB 583

Development; fees charged for services made available

HB 1750

Development; Georgia Airport Development Authority Law enacted ......... HB 1106

Downtown Development; redevelopment agencies; projects; powers

HB 1102

Environmental Facilities Authority; loans; solid waste projects .............. HB 1391

Financial, Property Agreements Behalf of State; prior approval

HB 1967

Georgia Airport Development Authority; corporate purposes .................. SB 544

Georgia Airport Development Authority, create; powers; projects

SB 244

Georgia Airport Development Authority; create public corporation

SB 718

Georgia Building Authority; creation of a new state department

HB 2065

Georgia Building Authority; recycling program for state agencies

HB 1386

Georgia Housing and Finance Authority; expand powers; "bond bank"

SB 600

Georgia Housing and Finance Authority; powers; loans; tax credits ............ SB 513

Georgia Music Hall of Fame Authority; compensation; expenses ............... SB 857

Georgia Ports Authority; additional members; terms; quorum

SB 679

GeorgiaNet Authority; employee retirement membership in ERS ............. HB 203

Hospital Authorities; area of operation; expand other city, county ............. SB 294

Hospital; contracts; purchasing methods; competitive sealed bids

SB 562

Hospital; county or municipal; state grants; public health purposes

HB 424

Hospital Financing Authority; redefine participating provider ................. SB 731

Housing; composition; update population; City of Macon

HB 1951

Housing; police; arrest powers; training; police services contracts ............. HB 231

Housing; public dwelling units; penalties for drug trafficking

...

HB 1779

Housing; voting members; resident commissioners; Fulton County ............. SB 585

Land Bank Authorities; powers; school tax delinquent properties;

disposition ........................................................... HB 1692

Municipal Gas Authority; membership; change qualifications

SB 720

Regional Development Centers; employees; retirement membership

HB 1229

Regional Development Centers; powers; industrial prospects .................. SB 660

Rural Development State Advisory Committee; number of members

HB 1233

Solid Waste Management Authorities; local; participant members

HB 1386

Solid Waste Management; intergovernmental contracts; loans ................ HR 732

Solid Waste Management Programs; state grants .......................... HB 1385

State Officials, Members; compensation methods; future changes

HB 1129

State Tollway Authority; projects; contracts with private persons, entities;

bids; toll revenues; bonds; membership.................................. HB 1429

Surface and Air Transportation Regional Authority; creation by

contiguous counties; membership; powers; bonds; ordinance

HB 919

Trade, Tourism, Convention Authorities; certain excise tax levy

HB 1212

Upper Savannah River Development Authority; powers; jurisdiction

HB 1767

Refer to numerical index for page numbers

INDEX

3663

AUTHORITIES (Continued) World Congress Center; property, contract events; prohibited conduct; police, security, powers; employee records check ........................... SB 387 World Congress Center; sale or dispensing alcoholic beverages ................ SB 773 World Congress Center; sale or dispensing alcoholic beverages .............. HB 1942

AUTOMOBILE REPAIR SHOPS; commission to study licensing

..... SR 351

AUTOPSIES Death Investigations; tissues retained for additional studies ................... SB 302 Requirements; consent of deceased person's family; exception ................... SB 3

AUTRY, JIMMY, CORRECTIONAL INSTITUTION; designate in Mitchell County ......................................................... HR 734

AVIATION

Air Travel Reimbursement; General Assembly members; limitations ......... HB 1311

Airport Development Authority, Joint Study Committee; creating ............. SR 197

Airports; acquisition of property extraterritorially; procedures ................. SB 173

Georgia Airport Development Authority Law; enact ........................ HB 1106

Georgia Airport Development Authority Law; enact .......................... SB 244

Georgia Airport Development Authority Law; enact; new projects

.... SB 718

Georgia Airport Development Authority Law; provide procedures.............. SB 544

Homicide by Aircraft; operating under influence of alcohol, drugs ........... HB 1294

Surface and Air Transportation Regional Authority; creation by

contiguous counties; membership; powers; bonds; ordinance ................ HB 919

Transportation Trust Fund; funded by new aviation fuel taxes ................ SR 477

AVONDALE ESTATES, CITY OF; extend corporate limits ............... HB 1972

BACON COUNTY; property acquired lake purposes; disposition procedures ............................................................. HB 1667

BAD CHECKS; issuance; obligation or debt for construction labor, materials....................................... SB 131

BAGBY, HONORABLE GEORGE TALMADGE; condolences to family

SR 388

BAIL (Also See Bonds or Criminal Procedure) Bond Issuance Fees; counties of 550,000; public defender office................ SB 227 Bond Issuance Fees; finance local indigent defense programs .................. SB 304 Bonds; accused bound over to another court; terminating original ............. SB 531 Bonds and Recognizances; forfeiture; principal failure to appear............... SB 308 Bonds; posting of cash; evidence of legal source for cash...................... SB 232 Offenses Bailable only Before Superior Court................................ SB 388 Where Offenses Are Bailable; superior court judge may delegate.............. HB 875

BALDWIN COUNTY

Board of Commissioners; election districts; reapportion ....................... SB 625

Board of Commissioners; election districts; reapportion; repeal Act 632

enacted 1992 Session .................................................. HB 2007

Board of Education; compensation; medical, dental insurance ................. SB 623

Board of Education; election districts; reapportion

SB 624

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3664

JOURNAL OF THE SENATE

BALDWIN COUNTY (Continued)

Board of Education; election districts; reapportion ........................... SB 867

Magistrate Court; magistrate pro hac vice; compensation ..................... SB 842

Magistrate Court; transfer funds to county treasury; chief magistrate

appointment ......................................................... HB 1684

Milledgeville-Baldwin County Chamber of Commerce; commend............... SR 548

Property Conveyance; easement to Doyle Beckham; water line ................ SR 377

Property Conveyance; Ga. Forestry Commission land; convey by sale .......... SR 365

Property Conveyance; sell by public bid surplus DHR property

SR 363

Property Conveyance; sell surplus state-owned land on S.R. #22 .............. SR 364

BANKING AND FINANCE

Banks; branches within certain adjacent counties; authority ................... SB 839

Banks or Trust Companies; executors or trustees; investments .............. HB 1821

Banks; public assistance checks presented for cash

SB 12

Check Transactions; merchants requiring ID's; restrictions

SB 11

Corporate Documents; instruments; execution; presumption of authority

HB 1612

Debt Relief, Bankruptcy Services; regulate advertising terms used

SB 582

Department; duties; issue pamphlet explaining bankruptcy terms

SB 472

Electronic Funds Transfer (EFT) State Tax Collection Program

HB 1395

Financial Transaction Card Theft; repeal theft by taking ..................... SB 151

Financing of Dwellings; discriminatory practices; damages

SB 615

Foreign Limited Liability Companies; regulation; registration

HB 1649

Funds Transfers; governing laws, rules; negotiable instruments ............... HB 762

Intangible Tax Exemption; stock held or acquired in reorganized

financial institutions .................................................. HB 1655

Interest; collectable interest rate on judgments .............................. SB 326

Investment Securities; secured interests .................................... HB 761

Loan Brokers; prohibited acts; advance fees, misrepresentation

HB 1210

Loans to Disabled Persons; Technology Related Assistance Trust Fund ........ SB 269

Loans; warehouse receipts as collateral; duty of lenders

HB 1225

Monetary Instruments; prohibit sell or exchange for criminally derived

property ........................................................... HB 324

Mortgages; property foreclosure sales; recording of affidavit ................... SB 584

Property Subject Forfeiture Under Controlled Substances Act.................. SB 73

Real Estate Appraiser Classification and Regulation Act; enact................ SB 536

Real Estate Appraisers; persons performing official duties..................... SB 613

Secured Transactions; sharecropping agreements; production loans .......... HB 1420

State Depositories; cash management policies; change conditions

HB 1400

Trust Accounts for Attorneys Acting as Trustees; procedures ............... HB 1097

Trust Accounts Maintained by Real Estate Brokers; requirements ........... HB 1283

Trusts Instruments; incorporation of fiduciary powers ........................ SB 670

Unclaimed Property; funds held or owed; procedural time period

HB 1397

BANKRUPTCY Attorneys; debt relief, bankruptcy service; regulate advertising ................ SB 472 Court Filings; applied federal law, payback plans; urge monitor ............... SR 426 False Advertising; regulate use of terms pertaining debt relief................. SB 582 Proceedings; debtor's intention to commence; notify creditors ................. SB 466 Proceedings; when attorneys practice as investment advisors .................. SB 467

BARBERS, STATE BOARD OF Licensees; disciplinary fines, suspensions; extend board to 1998 ............. HB 1566 Termination; repeal provisions ............................................. SB 535

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INDEX

3665

BARNES, BRIAN WESLEY, 4-H National Champion; commend ................................................................ SR 451

BARNESVILLE, CITY OF; administration of; personnel; change provisions .............................................................. HB 1499

BARRETT, MARCIA LEIGH; 4-H National Champion; commend ............ SR 457

BARRIER ISLANDS; enact Shore Protection Act

..... SB 725

BARROW COUNTY Board of Commissioners; election districts; reapportion Board of Education; election districts; reapportion

HB 1719 HB 1465

BARTOW COUNTY

Commissioner; office at Administration Building or courthouse .............. HB 1627

Multi-member County Commission; provide by referendum; election

districts; terms, powers, duties ......................................... HB 2060

Probate Court; judge; nonpartisan nomination and election

HB 1626

BATTERY (See Assault and Battery)

BATTLE, CHARLIE; Olympic Games Vice President; remarks

Page 735

BAXLEY-APPLING COUNTY HOSPITAL AUTHORITY; members; appointment .................................................. HB 2142

BEARS; hunting violations; unlawful use of bear bait

HB 1548

BEAUTY PAGEANTS; operator requirements; fees, bonds; violations

HB 1978

BEDELL, ROSA L.; compensate .......................................... HR 955

BEER (See Alcoholic Beverages and Alcoholism)

BENSON, WILLIAM A.; easement for marina facility, Glynn County

HR 788

BERRIEN COUNTY

Board of Commissioners; election districts; reapportion ..................... HB 1615

Board of Commissioners; election districts; reapportion; compensation

HB 2064

Board of Education; election districts; reapportion

HB 1924

Property Conveyance; Patrick's Lake; J.C. Howell; land exchange ............. SR 381

BIBB COUNTY

Board of Commissioners; election districts; reapportion

HB 1454

Board of Education; provide for; reapportion election districts

HB 2010

Inclusion Macon Water Authority Boundaries; consolidate charter ........... HB 1913

Juvenile Court; intake, probation services; transfer to DHR

HB 1578

BICYCLES Equipment Requirements; protective headgear, secured seats; paths ........... SB 634 Riding on Roadways; requirements to use designated paths ................. HB 1447

BIDS (See Contracts or Transportation)

BIGGERS, C. LEWIS LUKE; commend .................................... SR 613

BILLBOARDS; outdoor advertising on state highways; prohibit trimming

SB 152

BIOMEDICAL WASTE

Facilities; permits; handling of special waste; site selection

HB 1386

Nurses Transporting Biomedical Products or Waste; exempt placarding

requirements for vehicles .............................................. HB 1570

Thermal treatment facilities; permit limitations

SB 268

Treatment Facilities, Incinerators; site selection procedures

HB 1169

Refer to numerical index for page numbers

3666

JOURNAL OF THE SENATE

BIRDS

Bird Dealers; licenses; increase annual fees ................................ HB 1197

Falconry Permits; increase fees ........................................... HB 1392

Raptors; migratory birds; falconry permit requirements; reports

HB 1322

BLACK BUSINESS MONTH; recognize month of March ................... SR 521

BLACK HISTORY MONTH, A.M.E. CHURCH OF HINESVILLE YOUTH; recognize ........................................ SR 433

BLACK MALES, GOVERNOR'S COMMISSION ON THE SOCIAL STATUS OF; create ............................................. SR 12

BLACK, REVEREND JERRY D.; commend

SR 400

BLAKELY, CITY OF; municipal election; date; mayor, council, term

HB 2051

BLASINGAME, GARY B.; grant relocation of easement; Clarke County

HR 939

BLIND PERSONS (Also See Handicapped)

Blind Persons' Literacy Rights and Education Act; enact ..................... SB 650

Center for the Visually Impaired 30th Anniversary; recognize

SR 467

BLUE RIDGE JUDICIAL CIRCUIT; superior court; third judgeship; Cherokee, Forsyth Counties ................................................ SB 364

BLYTHE, CITY OF; consolidation with cities of Hepzibah, Augusta and Richmond County

HB 1838

B'NAI B'RITH ATLANTA GATE CITY LODGE; recognizing

SR 545

BOATS, MARINE EQUIPMENT AND FACILITIES

Ad Valorem; tax situs; 184 days or more location requirement .............. HB 1263

Alcohol or Drug Use While Operating Watercraft; prohibitions ................ SB 474

Boat Safety Act; registration; hazardous areas; safety zones; flotation

devices; boating under influence, blood alcohol content .................... HB 707

Boats; registration; increase fees.......................................... HB 1392

Coastal Marshlands Protection; regulate activities, structures ............... HB 1389

Gambling on Cruise Vessels; authorize; amend Constitution .................... SR 17

Hunting; killing of wildlife from certain vessels; penalties ................... HB 1548

Marine Toilets; restrictions ................................................ SB 618

Navigable Streams, Rivers; unlawful structures; Right of Passage Act ........ HB 1390

Passenger Vessels; licensed sales of alcoholic beverages ....................... SB 265

Personal Watercraft; safety equipment; operating hours; maximum speed;

owner liability; rentals to minors ......................................... SB 474

Sailboats, Catamarans, Marine Craft; prohibit on sand dune field

SB 725

Salt-water Finfish Species; possession, landing specifications

HB 1660

Ships, Boats Used to Clean Up Oil Spills; exempt ad valorem tax ............. SB 734

Tidewaters; unlawful structures; Protection of Tidewaters Act............... HB 1390

Vessels; water pollution; enact Hazardous Site Response Act................ HB 1394

BOLING, JERRY AND CHESTATEE-CHATTAHOOCHEE RC&D COUNCIL; commend ............................................. SR 566

BONDS

Bail; accused bound over to another court; terminating original

SB 531

Bail; appearance bonds; time limits; forfeitures; service of notice; writs

of fieri facias; surrender of principal; surety release

HB 1706

Bail; offenses bailable only before superior court............................. SB 388

Bail; posting of cash; evidence of legal source for cash

SB 232

Bail; where offenses are bailable; superior court judge authority

HB 875

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INDEX

3667

BONDS (Continued)

Criminal; clerks' recording fees; sheriffs exempt from paying

SB 246

Revenue; financed undertakings; fees for services made available ............ HB 1750

Revenue; Georgia Airport Development Authority financing ................... SB 718

Revenue; Georgia Housing and Finance Authority; expand powers ............. SB 600

Revenue; Hospital Financing Authority; participating providers

SB 731

Revenue; issuance by Georgia Airport Development Authority .............. HB 1106

Revenue; issuance by Georgia Airport Development Authority

SB 244

Revenue; issuance by Newton County Water and Sewerage Authority

HB 1986

Revenue; powers of Upper Savannah River Development Authority

HB 1767

Revenue; tollway projects financed by private entities ...................... HB 1429

Surety; business opportunity sellers or companies; requirements

HB 1502

Surety; deposits in interest-bearing accounts; sheriffs

HB 2054

Surety; nonpublic postsecondary educational institutions

HB 1997

Surety; principal failure to appear; conditions not warrant forfeiture

SB 308

BOWEN, SENATOR ROONEY; excused; to attend funeral

Page 2117

BOXING; State Boxing and Wrestling Commission; create; regulate promoters, events .......................................................... HB 9

BOYNTON, RICKY LEE; compensate .................................... HR 878

BRAILLE; Blind Persons' Literacy Rights and Education Act; enact

SB 650

BRIDGES (See Highways, Bridges and Ferries)

BRIDGES, WILLIAM PETE; commend.................................... SR 621

BROOKS COUNTY; Superior Court; provide for fifth judgeship .............. SB 776

BROOME, HUGH D.; regrets at passing ................................... HR 737

BROUN, SENATOR PAUL Excused to attend meeting .............................................. Page 408 Excused .............................................................. Page 3242

BROWN, JOSEPH E., PARKWAY, CHEROKEE COUNTY; Resolution as introduced .................................................. SR 485

BROWN, SENATOR ROBERT Excused; family business ............................................... Page 1333 Excused; family emergency ............................................. Page 1276

BROWN, TOM WATSON; compensate .................................... HR 843

BROXTON, CITY OF; city council; terms; election; municipal court; judge .................................................................. HB 1269

BRUNSWICK, CITY OF

Property Conveyance; easement to expand Academy Creek Wastewater

Treatment Facility; repeal 1983 Act ...................................... SR 375

South Georgia Parkway; designate; Corridor Z developmental highway

SR 180

BRUNSWICK JUDICIAL CIRCUIT; superior court; fifth judgeship; Appling, Camden, Glynn, Jeff Davis, Wayne Counties ........................ SB 314

BRYAN COUNTY

Board of Commissioners; election districts; rejected referendum ............. HB 1730

Board of Commissioners; elections districts; reapportion; terminate

present term of vice-chairman; referendum .............................. HB 1370

Board of Education; election districts; reapportion; referendum

HB 1381

Qualifying as Sparsity School System for Capital Outlay Funds

SB 488

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3668

JOURNAL OF THE SENATE

BUCKANAN, PAT; Presidential Candidate; introduced, remarks ........... Page 1333

BUDGET (See Appropriations and Office of Planning and Budget)

BUFORD, CITY OF; corporate limits; change ............................. HB 2147

BUILDING AUTHORITY, GEORGIA

Cruise Vessels as Gambling Places on Coastal Waters; operation of.............. SB 2

Duties; coordinate recycling program for state agencies

HB 1386

Duties; identification cards; former General Assembly members ............... SB 220

Georgia Department of Buildings Act; provide for new department,

commissioner; powers, duties; revenue; recycling program

HB 2065

BUILDINGS AND HOUSING

Building Codes; minimum standards; state or local; compliance

HB 1109

Building Codes; standards governing Liquefied Petroleum Gas

HB 1308

Contractors; electric, plumbing, conditioned air; license exemption

HB 1109

County, Municipal Ordinances; violations; service of process

HB 1116

Drug-free Residential Zones; drug trafficking prohibited conduct

SB 592

Factory Built Homes; standards; Manufactured Home Recovery Fund

SB 509

Fair Housing; Commission on Equal Opportunity created, membership

SB 614

Fair Housing; sale, rental, financing; discriminatory practices

SB 615

Fire Protection; detection systems; buildings presenting special hazards;

unlawful to lock exit doors............................................. HB 1503

Fire Protection Sprinkler or Water Spray Systems; certificate of

competency; grounds for revocation, suspension

HB 1642

Fire Safety Commissioner; regulated entities; revise fees

HB 1297

Handicap Access; multifamily dwellings; design, construction

SB 615

Handicapped Persons; accessibility; private residences ........................ SB 547

Handicapped Persons; mobility impaired persons and their service dogs;

rights to housing accommodations ....................................... HB 835

Handicapped Persons; multifamily dwellings; accessible entrances

HB 1847

Housing and Finance Authority; expand powers to finance projects

SB 600

Housing and Finance Authority; loans; low-income housing credits

SB 513

Housing Authorities; voting members; counties of 550,000 or more

SB 585

Housing Authority in Certain City; composition; update population

HB 1951

Housing Authority Police; arrest powers; conditioned upon peace officer

training; contracts for police services..................................... HB 231

Housing; low and moderate income housing; committee to study

SR 282

Housing; public operated projects; Drug-free Residential Zones

SB 592

Housing Trust Fund for Homeless Commission; members; powers ............. SB 512

Industrialized Buildings; factory built; construction standards;

violations; civil actions; inspection ...................................... HB 1284

Lead-based Paints; committee to study lead poisoning prevention

SR 224

Low Income Housing; community redevelopment powers

HB 1102

Manufactured Homes, Mobile Homes; dealers, installers; regulate ........... HB 1039

Nuisances; unfit structures; service of complaint to nonresidents

HB 1270

Places of Habitation on Streams, Rivers, Tidewaters Prohibited

HB 1390

Public Housing for Senior Citizens Only; urge Congress permit................ SR 429

Public Housing Projects; penalties for illegal drug trafficking

HB 1779

Residential Areas; notify residents of military practice maneuvers

SB 15

Roofing Contractors; regulation; create new licensing division

HB 1290

Shoreline Construction Projects; hurricane-resistant standards

SB 725

Water Service; unpaid charges; landlord or tenant liability

SB 10

BULLOCH COUNTY; board of commissioners; compensation; chairperson, parttime duties

HB 1413

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INDEX

3669

BURKE COUNTY

Board of Commissioners; election districts; reapportion ..................... HB 1844

Board of Education; election districts; reapportion

HB 1843

Designate; Grady Mallard Bridge; north of City of Waynesboro .............. HR 845

Probation Fines; receipt of payments; disbursement .......................... SB 817

BUSES

Bus Stop Shelters; permits; conditions for issuance; requirements ............. SB 616

Buses for Hire; negligence actions; repeal presumption ..................... HB 1470

Drug Testing of Safety Sensitive and Critical Personnel Act of 1991

HB 933

Public Transportation; payment for entry; altered tokens, cards

HB 1471

School Buses; equipment; outside mounted flashing strobe lights

HB 1974

School Buses; maximum speed limit; tire equipment

HB 245

School; offense of homicide by vehicle; failure to stop ........................ SB 646

BUSINESS (See Commerce and Trade or Professions and Businesses)

BUSINESS TAXATION Study of revenue impact, equity and cost to professionals Study of revenue impact, equity, noncovered professions

SR 510 HR 938

BUSSEY, MARY LEE; honoring ......................................... SR 592

BUTLER, CITY OF; mayor, council; election districts; composition; terms; municipal court judge qualifications; fines

HB 1800

BUTTS COUNTY

Ad Valorem; homestead exemption; definitions; update population

HB 1945

Ad Valorem Taxes; homestead exemption; population application

SB 821

Board of Commissioners; election districts; reapportion; terms

HB 1409

Board of Education; election districts; reapportion ......................... HB 1393

Superior Court; provide third judgeship; salary supplement

HB 2094

BYRD, DAVID, 4-H National Champion; commend .......................... SR 450

BYRON, CITY OF; Property Conveyance; DOT property; repeal 1990 Act .............................................................. HR 133

CABLE INDUSTRY; urging Congress open competitive marketplace

HR 261

CADMIUM; toxicity of waste in packaging; regulate ......................... HB 124

CAIN, SUE ELLEN; introduced......................................... Page 1849

CALHOUN, CITY OF Calhoun Recreation Authority Act; enact Charitable Donation to Big Brothers/Big Sisters Property Conveyance; sell certain state-owned land tract to city

HB 1789 SB 813 HR 716

CALHOUN COUNTY

Board of Commissioners; election districts; reapportion; terms

HB 2156

Board of Education; election districts; reapportion ......................... HB 2125

Property Conveyance; Correctional Institute; power line easement

SR 407

CAMDEN COUNTY; Superior Court; Brunswick Circuit; fifth judgeship

SB 314

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3670

JOURNAL OF THE SENATE

CAMPAIGN AND FINANCIAL DISCLOSURE (Mao See

Ethics or Elections)

Applicants for Rezoning; filing campaign financial disclosure .................. SB 527

Campaign Committees for Specific Elective Office; restrictions ................ SB 781

Campaign Contribution Disclosure Reports; unopposed candidates............ HB 196

Campaigns; limitations on expenditures; violations; penalty ................... SB 239

Candidates for Any Public Office; contribution limitations ................... HB 521

Candidates for Statewide Offices or General Assembly; contribution

limitations ........................................................... HB 1125

Contributions; acceptance during a legislative session prohibited............. HB 1565

Contributions; disposition of funds not used defray expenses

SB 483

Contributions; Georgia Ethics in Government Act of 1992 .................... SB 597

Contributions; limit amount; candidates for public office........................ SB 4

Contributions; limitations; candidates for public office defined

SB 18

Contributions; made or accepted; limit time prior election date ............... SB 481

Contributions; political action committees; disclosure .......................... SB 20

Contributions; prohibit persons regulated Agriculture Department

SB 458

Honorariums, Fees, Gifts of Value Exceeding $50.; prohibitions

SB 480

Literature, Printed Materials; regulation of; misleading endorsers

SB 22

Lobbyists; registered agents; disclosure reports; content; filing

SB 736

Public Officers; honorariums accepted; disclosure .......................... HB 1125

Public Officials Conduct and Lobbyist Disclosure Act of 1992

HB 1125

CAMPBELL, ROOSEVELT WILBUR, SR.; honoring ...................... SR 564

CANDIDATES (See Elections)

CANDLER COUNTY Board of Commissioners; chairman; chief executive officer .................. HB 1990 Designate; Albert D. Clifton Memorial Highway, S.R. 23 from Metter......... HR 926

CANOOCHEE RIVER; water quality; develop river basin management plan ..................................................................... SB 637

CANTON, CITY OF

Designate; Reinhardt College Parkway; portion State Hwy 140

HR 790

Garbage, Trash Services; authority to charge fees ............................ SB 851

CAPITAL PUNISHMENT (See Death Penalty or Courts)

CARL, TOWN OF; new charter .......................................... HB 1467

CARROLL COUNTY

Ad Valorem; homestead exemption; filing requirement; exclusion ............ HB 1885

Ad Valorem; homestead exemption; certain residents; referendum

HB 2152

Ad Valorem; time for making returns; repeal population brackets ........... HB 1886

Board of Commissioners; election districts; reapportion ..................... HB 2035

Board of Commissioners; qualifications; change minimum age ............... HB 2033

Board of Education; election districts; reapportion ......................... HB 2036

Board of Elections; update 1990 population and census..................... HB 1879

State Court; solicitor; change compensation; practice of law ................. HB 2133

CARROLLTON, CITY OF Ad Valorem; school taxes; homestead exemption; certain residents........... HB 2157 Carrollton Public School System; commend ................................. SR 469

CARTER, FORMER PRESIDENT JIMMY; commend Atlanta Project ...... SR 468

CARTERSVILLE HIGH SCHOOL 1991 FOOTBALL TEAM; commend ................................................................ SR 413

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INDEX

3671

CARTERSVILLE/BARTOW COUNTY CHAMBER OF COMMERCE; commend ................................................. SR 594

CARVER HEIGHTS ANTI-DRUG PROGRAM; commend

SR 617

CATHY, S. TRUETT; commend ........................................... SR 438

CATOOSA COUNTY Assistant District Attorney; applicable population provisions ................ HB 1157 Board of Commissioners; election districts; reapportion; compensation; personnel; special sessions ............................................. HB 1112 Board of Tax Administrators; abolish; provide for county board of tax assessors ......................................................... HB 1443 District Attorney; personnel; expenses; submit budget ...................... HB 1084 Superior Court; additional judgeship; Lookout Mountain Circuit ............. HB 354 Superior Court Clerk; clerical help; increase allowance...................... HB 1111 Superior Court; judges; supplemental expense allowance .................... HB 1158 Utility District and Board of Utilities Commissioners; procedures to abolish; referendum approval .......................................... HB 1444

CATS; inoculation against rabies; certificates ................................. SB 602

CEDAR SHOALS HIGH SCHOOL GIRLS BASKETBALL TEAM; commend ........................................ SR 568

CEDARTOWN HIGH SCHOOL BASKETBALL TEAM; commend

SR 575

CEMETERIES Burial Grounds, Private Plots; abandoned; restoration, maintenance by local authorities; reimbursement for cost .............................. HB 1611 Construction of a Funeral Establishment on Cemetery Property ............... SB 236 Funeral Directors, Embalmers; qualifications; apprenticeship registration; duty of directors; crematories; deceased license holders .................... HB 576 Human Remains, Burial Grounds; disturbance or damage prohibited; permits for developing land where located................................ HB 457 Minimum Acreage Requirements; exemption; certain counties ................. SB 490 Permits for disposition, disinterment, reinterment; procedures............... HB 1534

CENTER FOR THE VISUALLY IMPAIRED 30TH ANNIVERSARY; recognize .............................................. SR 467

CENTERVILLE, CITY OF; change corporate limits ....................... HB 1954

CENTRAL STATE HOSPITAL IN MILLEDGEVILLE; commend

SR 559

CERTIFICATE OF NEED (Also See Health Care Facilities)

Committee to Study Approval Process, New Health Care Facilities ............ SR 219

Facilities Terminating Medicaid Services; monetary penalty................... SB 680

Health Planning Agency; abolition; change certain references ................. SB 125

Health Planning Agency; decisions; multiple petitioners

SB 586

Indigent, Charity Care; perinatal services; requirements ...................... SB 680

CHAPLAINS

Correctional Institutions; employment of clinical chaplains

.... SB 503

Reinstate or Create Positions; various departments of government............. SB 471

CHAPLAINS OF THE DAY Are, Dr. Thomas L. .................................................... Page 2680 Berrier, Reverend Robert............................................... Page 2874 Brush, Mr. Ben J., Sr. ................................................. Page 1964 Carter, Dr. Charles Q. .................................................. Page 1753

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3672

JOURNAL OF THE SENATE

CHAPLAINS OF THE DAY (Continued)

Connell, Dr. John ...................................................... Page 1121

Davis, Dr. Sam ........................................................ Page 1056

Dodd, Reverend Bruce ................................................... Page 98

Draper, Dr. Larry....................................................... Page 557

Driscoll, Reverend Jason .......

Page 1616

Edwards, Pastor Joe E................................................... Page 262

Eller, Dr. S. Barry ..................................................... Page 1333

Fetkenhour, Reverend Steve ............................................ Page 1092

Flakes, Reverend J.H..................................................... Page 13

Cannon, Dr. Truett .................................................... Page 1845

Garrard, Reverend Cynthia Cox .......................................... Page 680

Glover, Reverend Walter ................................................ Page 889

Hamlin, Reverend Jim

Page 1431

Harris, Reverend Frank H. .............................................. Page 820

Hatney, Reverend Johnny R. ............................................ Page 723

Ichay, Rabbi S. Robert ................................................. Page 1561

James, Reverend R.C.

Page 127

Lawrence, Reverend Gary ............................................... Page 187

Lee, Dr. Richard G. ..................................................... Page 931

Lester, Reverend Curtis L................................................ Page 601

Ligon, Pastor William T. ......... ......................... ........... Page 1705

Long, Reverend Eddie L. ................................................ Page 432

McNeal, Dr. L. Perry .................................................. Page 1385

Mock, Reverend Johnny ................................................ Page 1912

Moreland, Reverend Curtis .............................................. Page 154

Morris, Captain Ted ................................................... Page 3206

Mullins, Dr. I.L. ........................................................ Page 473

Paulk, Bishop Earl..................................................... Page 1184

Portwood, Reverend Mike ............................................... Page 112

Powers, Dr. Stephen D. ................................................ Page 2055

Cook, Reverend Andy .................................................. Page 2236

Reid, Reverend Joseph ................................................. Page 1506

Reid, Reverend Willie L., Sr. ........................................... Page 1244

Rucker, Reverend Raleigh ............................................... Page 292

Sharp, Mr. J.L. ......................................................... Page 211

Shelnutt, Reverend D.B., Jr. ............................................. Page 774

CHARITABLE ORGANIZATIONS (See Corporations or Nonprofit Organizations)

CHARLTON COUNTY Board of Commissioners; election districts; reapportion ..................... HB 2171 Board of Education; election districts; reapportion ......................... HB 2170

CHASTAIN, F. B.; sympathy at passing ..................................... SR 614

CHASTAIN, MR. AND MRS. WENDELL, 50th wedding anniversary; congratulate ................................................ SR 537

CHATHAM COUNTY

Board of Commissioners; election districts; reapportion ....................... SB 768

Board of Commissioners; election districts; reapportion ....................... SB 820

Board of Education; election districts; reapportion

SB 763

Code, Ordinance, Regulation; employees authorized issue citations ............. SB 708

Property Conveyance; Chatham Service Corporation easement; repeal

1982 Act ............................................................... SR 375

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INDEX

3673

CHATHAM COUNTY (Continued) Property Conveyance; easement; P.D. Oil & Chemical Storage, Inc. docking facility; repeal 1983 Act.......................................... SR 365 Property Conveyance; Goodwill Industries use of certain land; repeal 1980 Act ............................................................... SR 375 Property Conveyance; VFW Post 660 lease agreement; repeal 1980 Act ........ SR 375 Recorder's Court; contracts; private probationary services ..................... SB 712 Recorder's Court; senior judges performing services .......................... SB 713 State Court; judges; compensation ........................................ HB 1054

CHATTAHOOCHEE RIVER

River Basin Management Plan; begin development in 1992 ................... SB 637

Water Pollution Control; phosphorus discharge limitations

SB 381

CHATTOOGA COUNTY

Assistant District Attorney; applicable population provisions

HB 1157

Board of Commissioners; election districts; reapportion ..................... HB 1495

District Attorney; personnel; expenses; submit budget ...................... HB 1084

State Court; judge and solicitor; salary..................................... HB 682

Superior Court; additional judgeship; Lookout Mountain Circuit ............. HB 354

Superior Court; judges; supplemental expense allowance .................... HB 1158

CHECK DAMS; committee to study; Satilla, Altamaha, Ocmulgee, Oconee, Flint, Alapaha Rivers.............................................. SR 496

CHECKS USED IN FINANCIAL TRANSACTIONS Bad Check Complaints; processing; district attorneys, solicitors................ SB 530 Bank Funds Transfers; governing laws, rules ............................... HB 762 Investment Securities; drafts or demand; endorsements ...................... HB 761 Merchants; information required to cash a check; restrictions .................. SB 11 Public Assistance Checks; banks required to cash ............................. SB 12

CHEROKEE COUNTY

Board of Commissioners; election districts; reapportion

HB 1984

Board of Education; election districts; reapportion ......................... HB 1999

Superior Court; Blue Ridge Judicial Circuit; third judgeship

SB 364

Water and Sewer Authority; scheduled meetings ............................. SB 570

CHILD ABUSE (Also See Minors or Crimes) Victims Under Age 16; exclusion relating to prosecution limitation ........... HB 240

CHILD CARE Assistance to AFDC Recipients; create family resource centers ................ SB 422 Local Boards of Education; before and after school care programs ............. SB 744

CHILD CUSTODY Parents' Choice to Use Joint Custody; permissible agreements .............. HB 1528 Parents; residency changes; required notices ............................... HB 1814 Separation or Divorce cases; best interest of child criteria .................... SB 210

CHILD SUPPORT (Also See Domestic Relations) Computation; amount computed net income; define special circumstances ....... SB 19 Computation of Awards; revise guidelines; both parents income ............... SB 711 Courts; child support receivers; duties; collect costs, fees.................... HB 1687 Divorce Cases; judgments; court render verdict without jury .................. SB 479 Divorce Cases; judgments; when court render without jury verdict............. SR 353 Enforcement; duties of district attorneys in representation .................. HB 1815 Enforcement; locating absent parents; use of putative father registry and income tax returns ................................................ HB 1277

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3674

JOURNAL OF THE SENATE

CHILD SUPPORT (Continued)

Enforcement; use of information on child's birth certificate ................. HB 1401

Obligations; nonpayment; unemployment; referral for job training ............ HB 426

Orders; education financial assistance to age 21; award factors

SB 380

Orders; impaired health care, postsecondary education assistance .............. SB 360

Orders; payroll deduction of accident, sickness insurance premium .......... HB 1276

Parents' Obligations; payments until child completes education; DHR as

petitioner, representation; cost recovery, fees ............................ HB 1519

CHILDREN (See Minors)

CHILDREN AND YOUTH SERVICES DEPARTMENT Creation; transfer functions, facilities and employees from Human Resources Department ................................................ HB 1549 Creation; transfer functions from Human Resources Department .............. SB 833

CHILDREN, YOUTH AND FAMILY ISSUES; presidential candidate positions ................................................................. SR 493

CHILDREN'S CODE STUDY COMMITTEE; condense laws under single title ............................................................. SR 273

CHILDREN'S HOSPITAL WEEK; Care of Children Association; recognize................................................................ SR 608

CHILDREN'S TRUST FUND; allocate proceeds; tax on rental of motion pictures, videos .................................................... SR 230

CHIROPRACTORS

Chiropractic Students; scope of practice; education requirements .............. SB 761

Clinical Laboratory Examinations; insurer not required reimburse ............ HB 328

Georgia Board of Chiropractic Examiners; termination provisions.............. SB 535

Health Insurance Claims; benefit assignment; direct payments

SB 677

CHROMIUM, HEXAVALENT; toxicity of waste in packaging; regulate

HB 124

CHURCHES; reptiles; poisonous; prohibited uses; misdemeanor penalty

SB 21

CITIES (See Municipalities or Local Government)

CIVIL ACTIONS (Also See Civil Practice or Torts or Courts)

Accountants; alleged negligence; damage action; limitation period............ HB 1219

Actions Behalf of Injured Minor Child; period of limitation................... SB 305

Buses for Hire; common carriers; presumption of negligence repealed ........ HB 1470

Childhood Sexual Abuse; recovery of damages; limitation period............. HB 1968

Discriminatory Housing Practices; complaints; damages; costs, fees;

abusive litigation liability ................................................ SB 615

Dismissal of Actions for Want of Prosecution; time period .....

SB 649

Filing Fees; additional; fund Georgia Indigent Defense Act ................... SR 480

Filing Fees; additional; judicial employee education, training .................. SB 518

Filing Fees; additional; proceeds for Indigent Defense Funding ................ SB 714

Filing Fees; delinquent remission of moneys; indigent defense ................. SB 715

Fines and Forfeitures, Joint Study Committee and Advisory Council ......... HR 347

Judicial Sales; forfeiture under Controlled Substances Act ..................... SB 73

Judicial Sales; legal advertisements; which newspaper advertises............... SB 431

Judicial Sales; legal advertising; designation of official organ ................ HB 1545

Judicial Sales; location other than courthouse; Fulton County ................. SB 800

Legal Advertising; county official organ of publication ........................ SB 515

Liability; immunity; job information about former employees ................. SB 620

Limitation of Actions; actions barred by other state or country ............... SB 491

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INDEX

3675

CIVIL ACTIONS (Continued)

Probate Courts; default judgments; open upon certain grounds .............. HB 1238

Product Liability Litigation; safety hazards; public disclosure ................. SR 512

Property Tax Litigation; prerequisite; payment of taxes assessed ............ HB 1428

Sheriffs; services in civil cases; increase certain fees .......................... SB 496

State Court Trials; damage claims; demands for jury panel ................... SB 517

Stay of Proceedings; Soldiers' and Sailors' Civil Relief Act of 1940

HB 720

Sunshine in Litigation Act; disclosure of a public hazard ..................... SB 610

CIVIL DEFENSE (See Emergency Management or Military Affairs)

CIVIL PRACTICE (Also See Courts) Civil Actions; dismissal for want of prosectuion; time period .................. SB 649 Continuances; absence of counsel serving General Assembly staff .............. SB 310 Default Judgments; time period for filing and serving the answer.............. SB 423 Legal Advertising; county official organ of publication ........................ SB 515 Limitation Statutes; actions barred by other state or country ................. SB 491 State Courts; trial of civil actions; damage claims; jury panels ................. SB 517 Stay of Proceedings; Soldiers' and Sailors' Civil Relief Act of 1940 ........... HB 720

CLARK ATLANTA UNIVERSITY

Football Coach Hunter; remarks.

Page 1719

Football Team; commend

............................ SR 503

CLARKE COUNTY

Ad Valorem; homestead exemption; filing; update Census bracket ........... HB 1896

Ad Valorem; interest on unpaid taxes; update population bracket

HB 1894

Ad Valorem; mobile homes; time for making returns ....................... HB 1895

Ad Valorem; tax assessors; time for revision of returns ..................... HB 1897

Ad Valorem; tax officials; time for presentation of returns .................. HB 1892

Ad Valorem Tax; homestead exemption; persons 65 or over; referendum

HB 1481

Ad Valorem Tax; mobile homes; update population bracket................. HB 1891

Ad Valorem; time for making returns; update population bracket. ........... HB 1893

Athens-Clarke County; commissioners; election districts; audits.............. HB 1491

Athens-Clarke County Industrial Development Authority; membership ......... SB 866

Athens-Clarke County; state court; solicitor; compensation .................. HB 1492

Athens-Clarke County Unified Government; congratulating ................... SR 436

Board of Education; election districts; reapportion; audits .................. HB 1493

Property Conveyance; easement relocation; to Gary B. Blasingame. ........... HR 939

Property Conveyance; sewer easement; Athens Area Technical Institute ....... HR 829

Unified Government; phased-in homestead exemption; referendum ............ SB 861

CLARKE, HAROLD G.; Supreme Court Chief Justice; address joint session ................................................................. Page 160

CLARKSON, JAMES L. MEMORIAL HIGHWAY; designate; Walker County ........................................................... SR 410

CLAY COUNTY; Board of Commissioners; election districts; reapportion . . HB 2099

CLAY, SENATOR CHUCK Excused; death in family............................................ Pages 557, 600 Excused; to attend funeral.............................................. Page 1657

CLAYTON, CITY OF; Clayton-Rabun County Water and Sewer Authority Act .......................................................... HB 1623

CLAYTON COUNTY Ad Valorem Tax; homestead exemption; increase amount; referendum ......... SB 661 Board of Commissioners; election districts; reapportion ..................... HB 1368

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3676

JOURNAL OF THE SENATE

CLAYTON COUNTY (Continued) Board of Education; election districts; modify; reflect 1990 Census........... HB 1367 Clayton County Community Improvement Districts Act ...................... SB 450 Clayton County PEACH Program; commend ................................ SR 533 District Attorney; county supplement to salary .............................. SB 663 Magistrate Court; chief magistrate; vacancies ................................ SB 697 Superior Court; judges; county supplement to salary ......................... SB 662 Tax Commissioner, Deputy; compensation................................... SB 456

CLAYTON JUDICIAL CIRCUIT District Attorney; county supplement to salary .............................. SB 663 Superior Court; judges; county supplement to salary ......................... SB 662

CLERMONT, TOWN OF IN HALL COUNTY; mayor and council; staggered terms ......................................................... HB 1728

CLIFTON, ALBERT D., MEMORIAL HIGHWAY; designate; Candler County.......................................................... HR 926

CLINICAL LABORATORY SERVICES; regulate billing, excess charges ... SB 462

CLINICAL SOCIAL WORKERS; evaluations; emergency mental health treatment........................................................ HB 1068

CLINTON, BILL; Presidential Candidate, introduced, remarks. ............ Page 1057

COASTAL ISLANDS AND MARSHLANDS

Boat Safety Act; hazardous areas; safety zones; registration; boating

under influence, blood alcohol content; flotation devices ................... HB 707

Coastal Areas; criteria for siting of hazardous waste facilities

... SB 745

Coastal Marshlands Protection; alteration of natural vegetation by

construction activities, structures; permits; damages ...................... HB 1389

Colonel's Island, Glynn County; change name to Vandiver Island honoring

former Governor S. Ernest Vandiver ...................................... SR 248

Cruise Vessels as Gambling Places Operating on Coastal Waters ................ SB 2

Cruise Vessels; authorize gambling; amend Constitution ....................... SR 17

Hunting, Fishing, Trapping; license fee increases, changes; fund

acquisition of fish and wildlife habitat, public recreation areas ............ HB 1392

Protection of Tidewaters Act; enact; unlawful structures .................... HB 1390

Sapelo Island Channel; designating the K. T. Kennedy Reef ................. HR 500

Sapelo Island Channel; reef fishing; designate K. T. Kennedy Reef ........... HR 500

Shore Protection Act; enact; management of sand-sharing systems............. SB 725

COBB COUNTY Ad Valorem; additional boards of equalization; assessment services .......... HB 1114 Ad Valorem; taxes due; penalties; update applicable population ............. HB 2042 Alcoholic Beverages; retail sales; entry of persons under age 18.............. HB 2015 Alcoholic Beverages; sales on Sundays at public festivals ..................... SB 728 Board of Commissioners; chairman as chief executive officer; powers, duties; assistant; Department of Finance, comptroller requirements................. SB 436 Board of Commissioners; compensation .................................... HB 497 Board of Commissioners; election districts; compensation; personnel ........... SB 829 Board of Commissioners; election districts; reapportion ....................... SB 577 Board of Commissioners; election districts; reapportion ..................... HB 1458 Board of Commissioners; election districts; reapportion; personnel ........... HB 1672 Board of Commissioners; elections; districts; terms ............................ SB 78 Board of Commissioners; mental health services; equitable funding ............ SR 572 Board of Commissioners; mental health services; urge funding ............... HR 995 Board of Commissioners; purchases; bids .................................. HB 2160

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INDEX

3677

COBB COUNTY (Continued)

Board of Commissioners; vacancies; quorum; emergency actions

HB 1852

Board of Education; chairman, members; compensation..................... HB 1436

Board of Education; election districts; reapportion; terms

HB 2052

Board of Education; employee deductions; dues checkoff services ............. SB 331

Board of Education; vacancies when member qualifies other office

SB 741

Board of Health; authority; injury prevention programs

HB 1817

Board of Health; ex officio member; city school superintendent

HB 2027

Bond Elections; legal advertisement; statement of intention ................... SB 838

Civil Service Board; members; terms; expiration dates ........................ SB 709

Civil Service Board; members; terms of office; expiration date ............... HB 1403

Cobb Judicial Circuit; district attorney, assistants, chief investigator

and investigators; salary supplement ..................................... HB 960

Cobb Judicial Circuit; superior court; judges; salary supplement .................. SB

Community Improvement Districts Act; purpose; life of a district

SB 785

Community Improvement Districts; purpose; life of a district ................. SB 864

Juvenile Court; judge; compensation ....................................... HB 961

Millage Rate Determination; certification; adoption procedures

HB 330

Private Sector Survey Committee on Cost Control in County Government

HB 599

Probate Court; judge and clerk; compensation .............................. HB 966

Property Conveyance; surplus state-owned land; to Board of Regents .......... SR 369

Sandy Springs, City of; incorporation subject to a referendum

SB 90

School Taxes; collection by tax commissioners; funds retained................. SB 803

Sheriff; chief deputy, investigator, executive assistant; salary .................. SB 448

Sheriffs; duties; persons charged county ordinance violation ................... SB 804

State Court; additional judge to the second division.......................... SB 358

State Court; clerk and chief deputy clerk; compensation

HB 965

State Court; criminal cases; procedures; contempt punishment; solicitor;

compensation, retirement ............................................... HB 963

State Court; criminal procedures; contempt punishment

HB 2132

State Court; judges and associate judges; annual salary ...................... HB 970

Superior Court; clerk and deputy; compensation

HB 964

Tax Commissioner, Chief Clerk, and Secretary; compensation

HB 962

Tax Commissioner; school taxes; cost of collecting; assessment

HB 2012

COBB JUDICIAL CIRCUIT; Superior Court; judges; salary supplement ...... SB 371

COCKFIGHTING, OFFENSE OF; felony penalty; definition ................. SB 219

CODE OF GEORGIA

Children's Code Study Committee .......................................... SR 273

Children's Code Study Committee; condense laws under single title............ SR 273

Definition; agricultural operations, farm products, crops ...................... SB 520

Elections; Code Title 21; correct typographical errors....................... HB 1189

Georgia Laws; sale price determined by Legislative Counsel

SB 791

OCGA; revisions, modernizations; reenact statutory portion ................. HB 1188

Reenactment of Statute in Title 10 Governing Liquefied Petroleum Gas

HB 1308

Retirement and Pensions; Code Title 47; correct errors ..................... HB 1234

COFFEE COUNTY Board of Commissioners; election districts; reapportion Board of Education; election districts; reapportion

HB 2137 HB 2138

COHEN, MARK H.; recognizing ........................................... SR 619

COLE, DR. JONETTA; Spelman College President, introduced ............. Page 117

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3678

JOURNAL OF THE SENATE

COLEMAN, REVEREND JAMES; Tattnall County; designate bridge in memory of........................................................... HR 1029

COLISEUMS Local Authorities; hotel-motel tax levy; conditions; reimbursement deduction for collecting; change rate .................................... HB 1850 Public Authorities; alcoholic beverage sales; certain counties ................ HB 1437 Public Facilities Seating 9,000 or more; alcohol beverage sales .............. HB 1451

COLLEGES AND UNIVERSITIES (Also See Education or

University System)

Board of Regents, Board of Technical and Adult Education; reports ........... SB 835

Campus Police; law enforcement powers repealed; cities of 400,000 ........... HB 610

Campus Police Officers; applicable counties; population figure ................. SB 749

Chiropractic Students; scope of practice; education requirements .............. SB 761

Families Receiving Public Assistance; educational assistance trust ............. SB 198

Georgia Military College; board of trustees; composition; terms................ SB 461

Georgia Student Finance Commission, Higher Education Assistance

Corporation and Student Finance Authority; advertisement of programs HB 695

High School Graduates; college preparatory warranty program ................ SR 399

High School Students; secondary options; grants; payments to eligible

institutions

......................................... SB 417

King-Abernathy State College; urge change name of Atlanta Metropolitan

College ................................................................ SR 107

Law Schools; redefine LL.M. degree; assistant district attorneys ............... SB 787

Law Schools; rules governing bar examination qualifications .................. SB 612

Medical College of Georgia School of Nursing Day; designate ................. SR 523

Nonpublic Postsecondary Institutions Act of 1990; exemptions .............. HB 1693

Nonpublic Postsecondary Institutions; administration of degree and

nondegree-granting institutions; fees; surety bonds ....................... HB 1997

Nonpublic Postsecondary Institutions; application; renewal; special

administrative fees ..................................................... HB 318

Nonpublic Postsecondary Institutions; default claims; Tuition Guaranty

Trust Fund participation; fees .......................................... HB 319

Parents' Obligation; financial aid to age of majority; child support ..... SB 360

Postsecondary Technical, Adult Education Finance Study Committee .... SR 431

Postsecondary Vocational Education Lab, Equipment, and Library

Research Needs Study Committee ........................................ SR 374

Postsecondary Vocational Education Lab, Equipment and Library

Research Needs Study Committee ......................................... SR 29

Private; tuition equalization grants; redefine full-time student

HB 1823

Reinhardt College Parkway; designate ..................................... HR 790

Security; emergency or crime scenes; jurisdiction ............................. SB 674

Service Cancelable Loans; gerontology, geriatrics degree program

HB 1150

State Institutions; admission, graduation requirements; disabled students ...... SB 193

State Institutions; provide new full-tuiition scholarship program................ SB 37

State Institutions; provide new full-tuition scholarship program ................ SB 31

Teacher Preparation Programs; requirements; subject area course work ........ SB 233

Tuition Equalization Grants; redefine "approved school" ................... HB 1287

University System of Georgia; urge convert to semester calendar .............. SR 472

COLLINS, HONORABLE MAC; commend ........................... SR 602

COLQUITT COUNTY Board of Commissioners; election districts; reapportion; terms............... HB 2039 Board of Education; election districts; reapportion ......................... HB 2040

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INDEX

3679

COLQUITT COUNTY (Continued) Property Conveyance; easement; road access to County Fairgrounds ........... SR 418 Superior Court; provide for fifth judgeship .................................. SB 776

COLUMBIA COUNTY

Ad Valorem Taxes; $20,000 homestead exemption; certain residents

SB 823

Board of Commissioners; election districts; reapportion ....................... SB 845

Board of Education; single-member election districts; referendum ............. SB 844

Board of Elections; creation; powers, duties; membership; counsel ............. SB 822

Probation Fines; receipt of payments; disbursement .......................... SB 817

School Superintendent; nonpartisan elections; referendum .................... SB 501

COLUMBUS, CITY OF South Georgia Parkway; designate; Corridor Z developmental highway ..... SR 180 Springer Opera House; designate as official state theater ................... HB 1151

COMMERCE AND TRADE (Also See Professions and Businesses)

Advertising; bankruptcy or debt relief; regulate attorneys ..................... SB 472

Advertising; billboards along state highways; prohibited trimming ............. SB 152

Advertising; regulate use of terms pertaining debt or bankruptcy ..... SB 582

Agricultural Commodities; use during nonworking hours; employer

discrimination prohibited ............................................... HB 728

Agricultural Liming Materials; registration; licensure; labeling ................. SB 521

Agricultural Operations, Farm Products, Crops; definition .................... SB 520

Agricultural Products; transfer of ownership between producer and

dealer; conditions ..................................................... HB 1241

Agricultural Seeds; labeling requirements; year produced ................... HB 1747

Agriculture; grain dealers; state license fees ............................... HB 1198

Air Pollution; committee to study problems, develop state plans .............. SR 435

Alcoholic Beverages; employees prohibited drink on premises ................. SB 589

Alcoholic Beverages; excise tax payments, stamps; code revision ............... SB 774

Alcoholic Beverages; increase state excise tax; first sales .................... HB 1741

Alcoholic Beverages; passenger vessels; authorized sales....................... SB 265

Alcoholic Beverages; persons under 18 prohibited entry where sold .......... HB 2015

Alcoholic Beverages; sales at coliseums; certain counties .................... HB 1437

Alcoholic Beverages; sales in restaurants, clubs; Morgan County ............. HB 1533

Alcoholic Beverages; sales of distilled spirits; Liberty County................ HB 1708

Alcoholic Beverages; sales on election days; polling places..................... SB 549

Alcoholic Beverages; sales on Sundays; coliseums; certain counties ........... HB 1451

Alcoholic Beverages; sales on Sundays at outdoor festivals .................... SB 746

Alcoholic Beverages; sales on Sundays at public festivals ..................... SB 728

Alcoholic Beverages; sales on Sundays; Whitfield County

HB 1882

Alcoholic Beverages; sales on World Congress Center property ................ SB 773

Animal Kennels, Stables, Shelters, Pet Dealers; license fees ................. HB 1201

Art; works of fine art; printers; remove duplication requirements ............ HB 1902

Auto Rental Companies; require vehicle registration, licensing

SB 307

Auto Repair Shops; vehicle insurers; prohibit certain requirements .......... HB 1899

Automobile Collision Repair Shops; licensing; commission to study

SR 351

Automobile Dealers; certificates of title requirements ......................... SB 505

Automobile Repair Shops; prohibited requirement of insurers ................ HB 888

Bankruptcy; debt counseling, uniformity of laws; urge monitoring ............. SR 426

Bankruptcy Proceedings; notice to creditors prior commencing ................ SB 466

Bankruptcy Proceedings; when attorneys deemed investment advisor .......... SB 467

Banks; branches within certain adjacent counties; authority................... SB 839

Banks or Trust Companies; fiduciary power; securities investments .......... HB 1821

Banks; public assistance checks presented for cash ........ SB 12

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3680

JOURNAL OF THE SENATE

COMMERCE AND TRADE (Continued)

Beauty Pageants; operator requirements; fees, bonds; exceptions

HB 1978

Beverages; standards, labels; water represented as "spring water"

HB 1497

Bicycle Rentals to Persons Under Age 16; protective headgear ............... SB 634

Bird Dealers; licenses; increase annual fees

HB 1197

Boxing and Wrestling; promoters and events; regulation; licensure

HB 9

Business Entities Held by Same Person; adverse worker's

compensation factors .................................................. HB 1476

Business Executives Participate in State Government; Fellows Program

SB 426

Business Opportunity Sellers, Multilevel Distribution Companies;

requirements; contract disclosure; prohibited acts

HB 1502

Business Taxation; Professional Tax Equity Study Committee

SR 510

Business Taxation; Professional Tax Equity Study Committee

HR 938

Businesses Creating Jobs in Least Developed Areas; tax credits

HB 1399

Businesses Locating in Ga.; trends, climate, incentives; study of

SR 384

Businesses Sold or Transferred; Employment Security Law

SB 560

Cable Industry; urging Congress open competitive marketplace

HR 261

Catered Functions; licensing of alcoholic beverage caterers ...

SB 319

Check Transactions Requiring Credit Card, License ID; restrictions

SB 11

Cigarette Vending Machines; prohibit dispense to minor under age 18

SB 248

Coin Operated Amusement Machines; licensure; regulation; fees

HB 1256

Commercial Agency Relationships; conditional power of attorney

HB 1518

Commercial Feeds, Pet Food; regulation of; prohibited acts

HB 1200

Commercial Solicitation; telephone orders for printed materials ............... SB 408

Companies Engaged Retail Sale of Natural Gas as Vehicle Fuel

HB 1633

Concert Promoters; ticket advertisements; disclose lip synched music

SB 9

Construction Labor or Material Obligations; issuance of bad checks

SB 131

Contractors; payment of sales tax; surety bond requirements ................. HB 336

Contracts; multiyear lease purchases; counties, municipalities

SB 6

Contracts; multiyear lease purchases; local school systems

SB 5

Contracts; restrictive covenants; partial restraint of trade ...

SR 495

Corporations; contracts; execution of documents; presumption of authority HB 1612

Corporations; shareholders' preemptive rights to acquire shares

HB 1932

Credit Cards; financial transaction card theft; offense of taking

SB 151

Dealers, Vendors; certain tax collections; reimbursement rate

HB 1146

Financial Institutions; trust accounts for attorneys acting as trustees

HB 1097

Firearms Dealers; regulate sales; purchaser background check required

SB 150

Firearms; pistols, revolver sales; 7-day wait period; purchaser records check SB 118

Firearms; regulation of sales, unlawful purchases; study of

SR 299

Firearms; sales of; post warning relative access to minors .................... HB 277

Food Service Establishments; definition; regulation; exclusion ....

SB 460

Food Service Establishments; retail frozen dessert packagers

HB 1194

Foreign Limited Liability Companies; regulation; registration

HB 1649

Funeral Establishments; construction on cemetery property

SB 236

Gasoline Marketing; motor fuel pricing issues; committee to study

SR 161

Gasoline Products Containing Alcohol; labeling of pump dispensers

SB 140

Georgia Quality Month for Business, Industry, Education; designate

SR 383

Handicapped Persons; mobility impaired persons and their service dogs;

right to public accommodations ......................................... HB 835

Hotel-Motels; excise tax levy on rooms, lodging; certain local governments HB 1212

Hunting, Fishing Licensed Bonded Agents; self-insurance fund; labels

HB 708

Industrialized Buildings; construction standards; violations.................. HB 1284

Insurers; capital and surplus; extension to meet requirements ............... HB 1272

Insurers; notice of rate filings; publication in newspapers

SB 28

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INDEX

3681

COMMERCE AND TRADE (Continued)

Interior Designers; registration; certification; licensure; permits ................ SB 168

Investment Advisors; redefine term; Georgia Securities Act ................... SB 467

Job Training; Youth Apprenticeship Program for School Systems ........... HB 1931

Junk or Metal Dealers; secondary metals recyclers; regulations;

prohibited conduct; penalties........................................... HB 1756

Juror Lists; use for commercial solicitation prohibited ....................... HB 308

Liquefied Petroleum Gas; applicable governing standards ................... HB 1308

Loan Brokers; prohibited acts; loan scams; criminal penalties ............... HB 1210

Lottery Materials, Equipment; manufactured for use outside state............. SB 475

Lottery Retailers; selection criteria; requirements; prohibitions; fees

HB 1541

Manufactured Homes; installer, dealer, manufacturer; licensure ............... SB 509

Manufactured Homes, Mobile Homes; dealers, installers; licensure ........... HB 1039

Manufacturers, Distributors; packaging; toxic heavy metals

HB 124

Merchandise or Services Advertised for Sale; disclaimers ................... HB 1556

Motor Vehicle Dealers, Manufacturers; license plate fees ................... HB 1145

Pawnbrokers; liens on pawn transactions, advertising; regulate .............. HB 1144

Pawnshop Transactions; vehicle storage fees ................................. SB 336

Personal Care Homes; deceptive advertising of services provided

HB 1640

Promotional Giveaways or Contests; deceptive practices ...................... SB 408

Racetracks or Speedways; vehicle exhaust; noise devices ....................... SB 89

Real Estate Broker, Salespersons; trust funds; exclusive contract ............ HB 1283

Recycled Products; market development, technology; study of .... SR 530

Rented or Leased Vehicles; forfeitures; Controlled Substances Act.............. SB 73

Retail Grocery Stores; food product price labeling; requirements ............... SB 65

Retailers; stock for resale purposes; freeport exemption qualifying ........... HB 1286

Sales Representatives; contracts; commissions due for orders .................. SB 639

Scales for Weights, Measures; inspection; certification; fees ................. HB 1193

Secured Transactions; priority of tax liens and judgments .................. HB 1722

Secured Transactions; sharecropping agreements; production loans .......... HB 1420

Self-service Gasoline, Diesel Fuel Stations; pump safety device

.... SB 609

Self-service Storage Facility; rent; late or nonpayment; access ................. SB 648

Sellers, Producers of Domestic Fish; aquaculturist; registration ................ SB 630

Smoking, Nonsmoking Areas in Public Places; regulation of................... SB 251

Telephone Advertising Directories; deceptive practices...................... HB 1314

Theft by Shoplifting; fourth or subsequent offense; sentencing ................ SB 635

Tickets for Athletic Contests; agents; authorized service charges............... SB 700

Tire Retailers, Retreaders, Auto Salvage Yards; scrap tire disposal .......... HB 1385

Tobacco; flue-cured leaf tobacco auction sales; license fees .................. HB 1199

Tractor, Farm, Heavy Equipment, New Motor Vehicles; manufacturers,

dealers, distributors; business practices.................................... SR 486

Trade Secrets; proprietary confidential information submitted Public

Service Commission; requests for protective relief .......................... SB 420

Trade Secrets; theft; offense of misappropriation defined; penalty

SB 320

Trade, Tourism, Convention Authorities; certain excise tax levy

HB 1212

Uniform Commercial Code--Funds Transfers; governing laws, rules

HB 762

Uniform Commercial Code; investments; secured interests ................... HB 761

Unsolicited Merchandise; prohibited actions .................................. SB 84

Used Motor Vehicles; auctioneers, dealers; change certain requirements,

exemptions; .consumer judgments ....................................... HB 1637

Used Vehicle Parts Dealers, Dismantlers, Salvage; registration, licenses,

inspections; auction companies ......................................... HB 1914

Vehicle Emission Inspection Stations; contractors; regulation.................. SB 485

Vehicle Emission Inspections Stations; standards; regulations ............... HB 1440

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3682

JOURNAL OF THE SENATE

COMMERCE AND TRADE (Continued)

Vehicle Service, Extended Warranty Agreements; property insurers .......... HB 1532

Vehicle Tent or Auction Sales; contracts; cancellation procedures.............. SB 353

Vending Machines; restrict cigarette sales on certain premises

SB 256

Vendors; logging services; workers' compensation insurance

SB 701

Warehouseman; license, inspection fees; receipts as collateral ............... HB 1225

World Congress Center; property, contract events; prohibited conduct;

police, security, powers; employee records check ........................... SB 387

World Congress Center; sale or dispensing alcoholic beverages .............. HB 1942

COMMISSIONS, BOARDS

Anatomical Gift Procurement Advisory Board; change composition

HB 1929

Anatomical Gift Procurement Advisory Board; membership ................... SB 125

Aquaculture Development Commission; create; powers, duties

SB 630

Arbitration Commission; provide for creation of; employee grievances

SB 106

Architects, State Board of; additional members; powers; duties

SB 168

Black Males, Governor's Commission on the Social Status; creation............. SR 12

Board of Children and Youth Services; creation; establishment.............. HB 1549

Board of Children and Youth Services; creation; functions .................... SB 833

Board of Children, Youth, and Family Services; creation ..................... SB 355

Board of Human Resources; change composition ........................... HB 1162

Board of Natural Resources; powers, duties; scrap tire management

HB 1385

Board of Natural Resources; powers; solid waste management

HB 1386

Boxing and Wrestling, State Commission; creation

HB 9

Children and Youth Coordinating Council; change membership.............. HB 1549

Children and Youth Coordinating Council; inspect court records

SB 492

Claims Advisory Board; hearings; processing compensation resolutions .......... SB 16

Coastal Marshlands Protection Committee; membership .................... HB 1389

Commission on Domestic Violence.......................................... SR 286

Commission on Equal Opportunity; create agency, board, divisions

SB 614

Community Education and Development; interagency advisory council ......... SB 587

Composite State Board of Medical Examiners; composition; physician's

assistants .............................................................. SB 469

Composite State Board of Medical Examiners; Physician's Assistants

Advisory Committee; expense reimbursement .............................. SB 468

Consulting Services; method of procurement; study of ........................ SR 355

Contracts for Public Works; escrow accounts; interest payments

SB 631

Council on American Indian Concerns; creation; functions ................... HB 457

Crime Victim Compensation Board; duties; accounting of all funds ............ SB 524

Crime Victims Compensation Board; abolish; Criminal Justice

Coordinating Council to serve as board; powers, duties; director

SB 751

Desert Storm Monument Commission; creating .............................. SR 250

Distance Learning and Telemedicine Governing Board; establishment

SB 144

Education, State Board; appropriate school size determination

SB 538

Education, State Board; duties; school performance award program

SB 488

Education, State Board of; amend authority; demonstration plans

SB 769

Environmental Education Council; creation; powers, duties

HB 1412

Environmental Quality, Georgia Council on; urge creation ................... HR 101

Expenditures; legislative overview committee to study; create

SR 24

Fair Employment Practices Board; change name, board composition ........... SB 614

Financial, Property Agreements Behalf of State; prior approval ............. HB 1967

Fiscal Program Reviews; requirements; submit General Assembly

SB 642

Georgia Airport Development Authority; creation; composition;

corporate powers; conflicts of interest

HB 1106

Georgia Airport Development Authority; creation; purposes

SB 544

Refer to numerical index for page numbers

INDEX

3683

COMMISSIONS, BOARDS (Continued)

Georgia Commission on Women; creation .................................. HB 654

Georgia Indigent Defense Council; managerial duties, multicounty

public defender ......................................................... SB 545

Georgia Lottery Corporation Legislative Oversight Committee; create ........ HB 1541

Georgia Manufactured Home Commission; creation; powers, duties ............ SB 509

Georgia Music Hall of Fame Authority; compensation of members............. SB 857

Georgia Register Board; establish; publication of Georgia Register ............. SB 379

Governor's Ground-water Advisory Council; to establish ...................... SB 618

Joint Legislative Commission on Future Strategies; creation ................... SB 50

Judicial Nominating Commission; provide; recommend candidates ............. SB 295

Juvenile Justice Coordinating Council; change membership ................... SB 355

Legislative Fiscal Oversight Committee; powers, duties, authority.............. SB 410

Licensed Practical Nurses, Board of Examiners; authority; terms .............. SB 599

Lobbyists; persons representing state agencies; registration..................... SB 55

Long-term Care, Governor's Commission on; creation......................... SR 373

Membership; appointing, electing; basis of Congressional Districts ............. SB 705

Officers, Members; compensation methods; future changes .................. HB 1129

Open Meetings, Records; disclosure; amend requirements ..................... SB 604

Professional Standards Commission; authority; officers; expenses

SB 777

Professional Standards Commission; powers; demonstration plans

SB 769

Professional Standards Commission; authority, teacher certification;

membership; expenses; executive director ............................... HB 1482

Public Officers; restrict employment of relatives; penalty ..................... SB 482

Public Officials; elected; ineligible employment for certain period .............. SB 165

Public Service Commission; chairman; selection method; seniority

HB 829

Real Estate Appraisers Board; membership; powers, duties

SB 536

Real Estate Appraisers Board; provide appraiser classifications

SB 613

Regulatory Licensing Agencies of Professions, Businesses, Trades;

performance review ..................................................... SB 535

Retired State Employees Performing Consultant Services ..................... SB 541

Rural Development State Advisory Committee; number of members;

appointment by Governor ............................................. HB 1233

State Agencies; abolition, continuation after 4 years; amend Constitution........ SR 10

State Board of Barbers; extend to 1998; disciplinary authority .............. HB 1566

State Board of Cosmetology; extend to 1998; disciplinary actions ...

HB 1571

State Board of Workers' Compensation; powers, duties; establish trial

and appellate divisions

HB 1679

State Commission on Family Violence; creation; powers, duties................ SB 703

State Commission on Mental Health, Mental Retardation, and Substance

Abuse Service Delivery .................................................. SB 811

State Construction Industry Licensing Board; create Division of

Roofing Contractors ................................................... HB 1290

State Depository Board; powers; cash management policies, procedures ...... HB 1400

State Election Board; duties; reporting violations of laws ................... HB 1372

State Ethics Commission; powers, duties; regulation of lobbyists............... SB 704

State Financing and Investment Commission; membership of Director,

Office of Planning and Budget ........................................... SR 200

State Funds; cash management policies; procedural changes

HB 1400

State Housing Trust Fund for Homeless Commission; composition

SB 512

State Patrol Disciplinary Board; abolish .................................. HB 1530

State Personnel Board; duties; family or medical leave reports ................ SB 831

State Printing; elected official's name on brochures, pamphlets ................ SB 686

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3684

JOURNAL OF THE SENATE

COMMISSIONS, BOARDS (Continued) State Printing; promotional materials, signs; name or picture of officials .............................................................. HB 1647 State Properties Commission; duties; proposed purchase or leases ............. SB 638 State Transportation Board; removal of member for cause .................... SB 656 Technology Related Assistance Trust Fund for Individuals with Disabilities Commission; establish ........................................ SB 269 Teenage Pregnancy Prevention, Governor's Task Force on .................... SR 526 Therapeutic Recreation Examiners, State Board of; creation .................. SB 464 Walter F. George Tribute Commission; creation. ............................ HR 881 Workers' Compensation Study Commission; establish; functions ............... SB 840

COMMITTEES; Senate Standing; membership changes ...................... Page 15

COMMITTEES, STUDY (Also See Commissions, Boards)

Alternative Educational Programs Study Committee ......................... SR 189

Alternative Fuels Joint Study Committee

HR 950

Automobile Collision Repair Shop Owners, Operators; commission

to study licensing, certification ........................................... SR 351

Capital Outlay Task Force; review school construction funding ................ SR 466

Children's Code Study Committee .......................................... SR 273

Clean Air Solutions Study Committee ...................................... SR 435

Consultants for State Government Study Committee ......................... SR 355

Deer Baiting Study Committee............................................. SR 525

Dental Hygienists Licensing Study Committee ............................... SR 277

Fines and Forfeitures, Joint Study Committee and Advisory Council ......... HR 347

Firefighter Training Study Committee ...................................... SR 409

Gasoline Marketing Joint Study Committee ................................. SR 161

Georgia Business Climate Joint Study Committee............................ SR 384

Government Procurement of Recycled Products, Market Development,

and Process Technology Study Committee ................................ SR 530

Indigent Legal Defense, Joint Study Committee ............................. SR 439

Job Creation and Retention for Georgians Study Committee

SR 529

Joint Georgia Airport Development Authority Study Committee............... SR 197

Joint Legislative Commission on Future Strategies; creation ................... SB 50

Lead Poisoning Prevention Study Committee

SR 224

Legislative Overview Joint Committee on State Government ................... SR 24

Local Government Services Joint Study Committee ......................... HR 894

Low and Moderate Income Housing in Georgia Study Committee ............. SR 282

Midwifery Study Committee ............................................... SR 253

Minorities, Women and Other Special Populations, Joint Task Force on

Equal Access to Quality Education and Employment

SR 522

Music Industry Committees and Citizens' Advisory Council ................... SR 412

Noncertificated Public School Personnel Study Committee

SR 406

Noncertificated School Personnel Study Committee ........................... SR 54

Nursing Facility Reimbursement Study Committee

SR 465

Obstetrics Study Committee ................................................ SR 20

Posses, Auxiliaries and Voluntary Law Enforcement Officers Joint Study

Committee ............................................................. SR 222

Postsecondary Technical and Adult Education Finance Study Committee ...... SR 431

Postsecondary Vocational Education Lab, Equipment, and Library

Research Needs Study Committee ............... SR 374

Postsecondary Vocational Education Laboratory, Equipment and Library

Research Needs Study Committee ......................................... SR 29

Professional Tax Equity Study Committee

.................... SR 510

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INDEX

3685

COMMITTEES, STUDY (Continued)

Professional Tax Equity Study Committee ................................. HR 938

Public Health Department Study Committee ................................ SR 543

Rail Passenger Service Study Committee .................................... SR 513

Revenue Tax Structure, Joint Study Commission ............................ SR 443

Rural Hospital and Health Care Study Committee

SR 590

Rural Policy Study Committee .......................................... SR 266

School Finance Study Committee .......................................... SR 173

Sickle Cell Anemia Study Committee ...................................... SR 223

State and Local Government Environmental Enforcement Authority

Joint Study Committee .................................................. SR 511

State Merit System and University System of Georgia, Joint

Study Committee on Compensation....................................... SR 420

State Pension and Retirement Funds Study Committee

SR 354

Study Committee on Certificate of Need and Process for Approval

SR 219

Study Committee on the Regulation of Firearms Sales

SR 299

Sunshine in Litigation Study Committee .................................... SR 512

Teachers; Alternative Teacher Certification Joint Study Committee

SR 59

Toxics Use Reduction and Pollution Prevention Study Committee............. SR 555

University System Lab, Equipment, Rehabilitation Technology, and

Eminent Scholars Endowment Study Committee........................... SR 421

Water Supply; Committee to Study Check Dams for Satilla, Altamaha,

Ocmulgee, Oconee, Flint, Alapaha Rivers .................................. SR 496

Welfare Reform Study Committee .......................................... SR 528

Wetlands Conservation Study Committee; continuation

HR 789

Workers' Compensation Study Commission; establish; functions ............... SB 840

COMMUNITY AFFAIRS DEPARTMENT

Commissioner; appoint community education advisory council

SB 587

Commissioner; inspection of manufactured industrialized buildings

HB 1284

Community Education and Development Act; repealed in Title 50............. SB 588

Environmental Quality, Georgia Council on; urge creation

HR 101

Governor's Development Council; assignment for technical support ............ SB 590

Regional Development Centers; business transactions; report funds

received by contracting entities; restrict activities of affiliated persons

HB 1680

Regional Development Centers; create nonprofit corporations

SB 660

Rural Development State Advisory Committee; members; appointment

HB 1233

COMMUNITY EDUCATION AND DEVELOPMENT ACT; enact

SB 587

COMMUNITY SERVICE ORGANIZATIONS BENEFITING YOUTH; ad valorem tax exemption...................................... HB 1375

COMPENSATION RESOLUTIONS

Bedell, Rosa L.; compensate .............................................. HR 955

Boynton, Ricky Lee; compensate .......................................... HR 878

Brown, Tom Watson; compensate ......................................... HR 843

Davidson, Tara Joyner; compensate........................................ HR 677

Davis, Sandra K.; compensate ............................................. HR 879

Introduction in Either House of General Assembly; procedures ................. SB 16

Savannah Concrete, Inc., Will D. Herrin, President; compensate

HR 651

Ulmer, John Wesley, Jr.; compensate ...................................... HR 723

COMPULSORY SCHOOL ATTENDANCE; AFDC Recipients of Public Assistance; conditions of eligibility ..................................... SB 7

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3686

JOURNAL OF THE SENATE

COMPUTERS AND DATA PROCESSING SYSTEMS County Real Estate Deed Records; inspection of computerized index ........ HB 1378 Electronic Reporting; traffic convictions ................................... HB 1121 State Tax Collections; payment by Electronic Funds Transfer............... HB 1395

CONASAUGA JUDICIAL CIRCUIT; district attorney investigators; arrests ................................................................... SB 850

CONDOMINIUMS; Handicapped Persons; accessibility; construction standards ................................................................ SB 547

CONFLICTS OF INTERESTS (See Ethics or Elections)

CONGRESS, U.S. (Also See Federal Government)

Congressional Candidates; election by plurality of votes cast .................. SB 306

Congressional Districts of Georgia; reapportion eleven districts ............. SB 705

Congressional Districts of Georgia; reapportion eleven districts .............. HB 1657

Congressional Districts; redistricting; population criteria, specifications,

boundaries; judicial review ............................................... SB 138

Congressional Districts; redistricting plans; composition; hearings .............. SB 135

Congressional Districts; redistricting plans; requirements; census geography . . SB 137

Congressional Districts; redistricting; procedures; plans; public hearings,

records access; census data; population criteria; judicial review .............. SB 139

Congressional Districts; redistricting; public access to data, materials .......... SB 136

Congressional Reapportionment; Redistricting Service Bureau ................. SB 843

Petition for Constitutional Convention; proposing sanctions for certain

disrespectful acts involving the U.S. flag .................................. SR 151

Rural Health Care Initiative; opposing nonveteran use of Veterans'

Medical Facilities ................................................. SR 444

Urge Amend Income Limitation of Social Security Recipients ................. SR 587

Urge Certain Public Housing Be Limited to Senior Citizens Only ............. SR 429

Urge Enact National Health Care Plan .................................... HR 711

Urge funds to decontaminate Savannah River Nuclear Plant Site ............. SR 471

Urge honor veterans of WW II Guadalcanal Campaign ....................... SR 505

Urge Open Cable Industry to More Competition in Marketplace

... HR 261

Urge Passage Federal Surface Transportation Reauthorization Act. ............. SR 98

Urge Reasonable Rules for Vehicle Emission Inspection Equipment. .......... HR 930

Urge reject mandating certain auto fuel energy economy standards

.... SR 490

Urge review EPA vehicle emission inspection equipment rules ................ SR 531

CONSERVATION AND NATURAL RESOURCES (See Natural Resources or Environmental Protection)

CONSOLIDATED ATLANTA PROPERTIES, LTD., CAPCO; terminate lease ........................................................... SR 196

CONSTITUTIONAL AMENDMENTS Acts Repealing Local Constitutional Amendments; clarify meaning of 1991 Resolution, H.R. 16; conditioned upon voter approval ................ HR 997 Ad Valorem Property Tax Assessment; limitation on increases ................ SR 434 Ad Valorem Tax; motor vehicles; nonresident owned heavy equipment ..... HR 715 Contracts; restrictive covenants; partial restraint of trade ..................... SR 495 Counties; special purpose sales tax; authorize for educational capital outlay projects.......................................................... SR 159 Divorce Cases; no issuable defense filed; court render judgment ............... SR 353 Drug Trafficking in Controlled Substance or Illegal Drugs; prohibit pardon or parole ........................................................ SR 238

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INDEX

3687

CONSTITUTIONAL AMENDMENTS (Continued)

Education, Office of Commissioner; create to replace State School

Superintendent ......................................................... SR 150

Elected Public Officers; limit terms of office to 12 years ...................... SR 357

Election by Plurality of Votes; Secretary of State, Attorney General; State

School Superintendent, Commissioners of Insurance, Agriculture, Labor...... SR 169

Ethics Training; provide for public officers of state, local branches of

government ........................................................... HR 859

Fiscal Year of State Government; change to April 1 beginning 1993 ........... HR 32

Former Supreme Court Justices, Apellate Court Judges; counsel to court in

which served; expiration of 5 years ........................................ SR 76

Future Commissioners of Insurance, Agriculture, Labor and Members of

Public Service Commission Shall be Appointed by Governor ............... HR 332

Gambling on Cruise Vessels; authorize; amend Constitution

SR 17

General Assembly Members, Lt. Governor; term limitation ................... SR 350

General Assembly Members; term limitation; 12-years in office

SR 11

Georgia Indigent Defense Act; additional fees in civil cases

SR 480

Governor; elect and serve one six-year term of office .......................... SR 16

Indigent Care Trust Fund; revenue sources; moneys dedicated specifically

for primary health care programs ........................................ HR 840

Judicial Circuits; special trial districts, investigative grand juries; provide

for establishment; amend Constitution ..................................... SR 70

Local Option Sales Tax for Education Purposes; authority to levy

SR 423

Local School Systems; additional revenue sources; taxes, fees ................. SR 362

Lottery; authorize State Lottery; designate proceeds for education ............... SR 7

Motor Fuel Taxes; revenues for any transportation purposes .................. SR 348

Pardons and Parole Board; commuting death sentences, granting

paroles; approval of Governor ............................................ SR 352

Public Retirement Systems; service used for calculating benefits

SR 392

Revenue Bills; originate in either house of General Assembly

SR 13

Solid Waste Recycling, Facilities or Systems; intergovernmental contracts;

authorize state debt to make loans ...................................... HR 732

Special County 1% Sales Tax for Education Purposes; authorize ............... SR 65

State Agencies; abolition, continuation; public need hearings

SR 10

State Appropriations; additional appropriations by Acts prohibited ............ SR 356

State Budget; bills raising revenue or appropriating money; required

voting quorum of General Assembly members ............................. SR 509

State Children's Trust Fund; state tax on rental, motion pictures,

video recording and cassettes ............................................ SR 230

State Financing and Investment Commission; membership of Director,

Office of Planning and Budget ........................................... SR 200

State Funds; appropriations; percentage mandatory for education ............. SR 437

State Lottery; continued existence; resubmit question to voters ............... SR 359

Superior Court Judges; one-time adjustment of term so all judges

elected at same time .................................................... SR 171

Superior Court Judges; 4 year terms of office; appointment by Governor ....... SR 170

Technology Related Assistance Trust Fund for Individuals with

Disabilities; provide for creation of ....................................... SR 146

Tractor, Farm, Heavy Equipment, New Motor Vehicles; manufacturers,

dealers, distributors; regulate business practices............................ SR 486

Transportation Trust Fund; new motor fuel, aviation sales taxes

SR 477

Water Resources; establishment of a Clean Water Trust Fund

SR 497

Workers' Compensation Trust Fund; provide for creation ..................... SR 475

Workers' Compensation Trust Fund; provide for uninsured employees

HR 863

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3688

JOURNAL OF THE SENATE

CONSTITUTIONAL OFFICERS (See Public Officers and Employees)

CONSTRUCTION (Also see Contractors or Contracts)

Building Codes; minimum standards; state and local; compliance

HB 1109

Building, Contracting; fair housing; Commission on Equal Opportunity

SB 614

Coastal Areas; Shore Protection Act; regulate activity; permits

SB 725

Contracts for Improvements to Residential Property; liens

SB 498

Contracts; subcontractors; entitlement to payment

SB 647

Heavy-duty Equipment Motor Vehicles; classify ad valorem taxes

HB 1279

Heavy-duty Equipment Vehicles Subject to Taxation; prorating

HB 1460

Industrialized Buildings; standards; violations; civil actions

HB 1284

Labor or Material Obligations; issuance of bad checks ........................ SB 131

Multifamily Dwellings; entrance designs; handicapped access

HB 1847

Private Residences; accessibility for handicapped persons

SB 547

Property Improvements; conversion of payments; intent to defraud; theft

SB 132

Roofing Contractors; regulation of; create licensing division

HB 1290

State Construction Industry Licensing Board; termination provisions

SB 535

Water Well Standards Advisory Council; termination provisions

SB 535

CONSULTANTS FOR STATE GOVERNMENT Committee to Study Methods of Procuring Such Services
Retired State Employees; employment limitations

SR 355 SB 541

CONSUMER TRANSACTIONS (Also See Selling and

Other Business Practices);

Direct Response Advertising by an Insurer; deceptive practices

HB 904

Insurance; accident and sickness policies; notice of nonrenewal

SB 393

Insurance; actions filed against unauthorized insurers

SB 392

Insurance; unfair business practices; advertising; deductibles

SB 390

Insurance; unfair business practices; death benefits; premiums due

SB 391

Insurance; Unfair Claims Settlement Practices Act

HB 1346

Insurers; summary of financial condition and rate filing

SB 79

Juror Lists; use for commercial solicitation prohibited ....................... HB 308

Telephone Classified Advertising Directories; deceptive practices

HB 1314

Telephone Companies; unlawful disclosure customer's personal records

SB 297

CONTACT LENSES; sale or dispense; prescribing practitioner; restrictions SB 598

CONTRACTORS

Construction Labor or Material Obligations; issuance of bad checks

SB 131

Counties; utility construction projects; acceptable materials ................. HB 1255

Fire Protection Sprinkler or Water Spray Systems; certificate of

competency; grounds for revocation, suspension

HB 1642

General; right of lien; improvements to residential property

SB 498

Irrigation Work; provide for licensing, regulation; exemptions

HB 559

Licensure; exemption; certain work, maintenance or repair jobs

HB 1109

Roofing Contractors; regulation of; create licensing division

HB 1290

Sales Tax on Subcontracts; surety bond amount requirements

HB 336

State Construction Projects; consolidated insurance program

HB 1933

State Construction Projects; consolidated insurance program

HB 1979

Subcontractors; entitlement to payment; regulate contracts

SB 647

Theft; conversion of payments for property improvements; evidence

SB 132

Utility, Conditioned Air, Low-voltage; county business tax; limit to

principal office......................................... ............... HB 750

CONTRACTS Accounting Services; negligence; filing period to recover damages

HB 1219

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INDEX

3689

CONTRACTS (Continued)

Between State Agencies and Nonprofit Contractors; Resource Conservation

and Development Councils ............................................. HB 1232

Business Opportunity Sellers, Multilevel Distribution Companies

HB 1502

Corporations; execution of documents; presumption of authority............. HB 1612

Counties; purchases over $5,000; public letting and bids

SB 556

Equal Opportunity Office of the Dept. of Transportation; disadvantaged

business enterprises; bids by subcontractors ................................ SB 14

Georgia Lottery Corporation; procurement; financing agreements

HB 1541

Hospital Authorities; construction, purchasing commodities; methods

SB 562

Manufacturers, Dealers, Distributors of Tractors, Farm, Heavy Equipment,

New Motor Vehicles; amend constitution to regulate ....................... SR 486

Multiyear Lease Purchase; counties, municipalities; referendums

SB 6

Multiyear Lease Purchase; local school systems; voter approval

SB 5

Municipalities of 400,000 or More; criminal justice facilities

SB 129

Nonpublic Postsecondary Education Commission; U.S. Department of

Education ............................................................ HB 1997

Public Works; escrow accounts; interest; retainage to contractor

SB 631

Regional Development Centers; procurement of supplies; bids

HB 1680

Restrictive Covenants; partial restraint of trade.............................. SR 495

Sales Representatives; out-of-state principal; commissions due................. SB 639

State Agencies, Authorities; prior approval of certain agreements

HB 1967

State; summaries; publication through Georgia Register

SB 379

Surrogate Parentage; void and unenforceable contracts

SB 1

Vehicle Tent or Auction Sales Agreements; cancellation procedures

SB 353

CONTROLLED SUBSTANCES (Also See Drugs or Pharmacies

or Crimes and Offesnes)

Bail Bonds; posting of cash; evidence of legal source for cash

SB 232

Controlled Substances and Dangerous Drugs; change listings

HB 1342

Drug Testing; candidates for state office; definition; labs; costs

HB 601

Drug Testing of Safety Sensitive and Critical Personnel Act of 1991

HB 933

Drug Trafficking; juveniles; designated felony act defined; prosecution

HB 87

Drug Trafficking; marijuana; quantity involved; punishment

HB 86

Drug Trafficking Near Schools; counterfeit substances; felony

SB 676

Drug Trafficking; penalty; parks, recreation, residential areas

SB 592

Drug Trafficking; persons convicted; mandatory term of imprisonment

SB 439

Drug Trafficking; persons convicted not eligible pardon or parole

SB 438

Drug Trafficking; prohibit pardon or parole to persons convicted .............. SR 238

Drug Trafficking; using persons under age 17; felony penalty

SB 593

Drug Trafficking; vicinity of parks, playgrounds, recreation centers,

public housing projects; criminal penalties

HB 1779

Forfeiture Proceedings; order of distribution of proceeds; fund drug

treatment, victim-witness assistance or finance judicial system ............... SB 73

Penal Institutions; drug abuse; inmate random tests; GBI investigate

HB 248

Pharmacies; issuance of drugs to emergency services providers ................ SB 284

Possession; driver's license; period of suspension ............................. SB 290

Possession; driver's license suspension; restoration fees ....................... SB 505

Prescription Drugs; Medicaid patients; prior authorization required ............ SB 234

Property Criminally Derived Illegal Activity; prohibit sell, exchange .......... HB 324

Property Subject Forfeiture; disposition; revise practices, procedures

SB 114

Therapeutic Research Act; patient participants; prohibited conduct

HB 1187

Violations; street gangs; punishment ........................................ SB 735

COOSA RIVER; water quality; develop river basin management plan

SB 637

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3690

JOURNAL OF THE SENATE

COPPER WIRING; Fulton County; sales prohibited without certain clearance................................................................. SB 237

CORONERS (See Medical Examiners or Public Officers, Employees)

CORPORATIONS, PARTNERSHIPS AND ASSOCIATIONS

Corporate Documents; execution of instruments; presumption of authority HB 1612

Corporate Trustees or Executors; investments; fiduciary powers ............. HB 1821

Corporations; shareholders' preemptive rights to acquire shares

HB 1932

Foreign Limited Liability Companies; regulation; registration ............... HB 1649

Georgia Lottery Corporation; creation; powers, purposes; board of

directors; personnel, background investigations

HB 1541

Insurers; authorized investments ......................................... HB 1532

Insurers; capital and surplus; extension to meet requirements

HB 1272

Insurers; holding companies; extensively revise provisions

HB 1989

Nonprofit Corporations; redefine; regional development centers

SB 660

Public Records; reproductions; per page copying fees

SB 345

Public Service Corporations; special operating fees; calculation

HB 901

Trade Secrets; appropriate, convert, obtain for improper purposes

SB 320

Unclaimed Property; funds held or owed; procedural time period

HB 1397

CORRECTIONS (Also See Inmates or Jails)

Black Males; commission to study poverty, violence and drug abuse

SR 12

Children and Youth Services Department; creation; reorganization ... . .SB 833

Children, Youth Services; reorganization; create new department

SB 355

Commissioner; designee; County Probation Advisory Council................ HB 1607

Correctional Officers; service retirement allowance at age 55 .................. SB 187

Delinquent or Unruly Children Committed DHR; interested party

petitions ............................................................... SB 434

Department; consent to annexation; City of Gainesville ...................... HR 645

Department; employee retirement credit; age 55 with 10 years

SB 245

Department; personnel; administering urine screen drug tests ................. SB 678

Designate; Jimmy Autry Correctional Institution; Mitchell County

HR 734

Drug Testing of POST Certified Employees; urge discontinue program

SR 14

Firearms; possession by probationers, convicted felons prohibited

SB 45

Inmate Boot Camp Units; alternative imprisonment; motor vehicle theft

SB 350

Inmates; confinement; work incentive credits; alternative probation

facilities, boot camp, weekend lock up, local facilities

HB 1607

Inmates; enrolled private college, university; tuition equalization grants .... HB 1823

Inmates; illiteracy; required educational program; parole guidelines ........... HB 244

Inmates; medical care furnished while incarcerated; payment liability ...

HB 1170

Inmates; parole hearings; notify crime victims or relatives .................... SB 788

Inmates; state or county institutions; driver's licenses ...................... HB 1462

Inmates; transferred other facilities; notice of infectious diseases .............. SB 128

Inmates; withdrawal of blood for DNA analysis; procedures

SB 594

Institutions; personnel; employment of full-time chaplains

SB 503

Juvenile Delinquent Act; first time offenders; orders for counseling .......... HB 1977

Juvenile Detention; reorganization of services; creation of Children and

Youth Services Department............................................ HB 1549

Juvenile Offenders; subsidies for community based commitment services

SB 378

Pardons and Paroles, State Board; voting records; inspection ................. SB 621

Penal Institutions; substance abuse testing of inmates; GBI investigate

HB 248

Probation Systems for Municipal Courts; practices, procedures

SB 730

Probationers; repay costs incurred for medical treatment or wrongful

actions............................................................... HB 1769

Reidsville State Prison Canine Handlers; commend

SR 527

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INDEX

3691

CORRECTIONS (Continued) Wilcox Correctional Institute; sewer easement to City of Abbeville ........... HR 787

COSMETOLOGY

Barbers, State Board of; extend to 1998; disciplinary actions

HB 1566

Certificate of Registration; renewal; education requirements ................. SB 181

State Board of Cosmetology; extend to 1998; disciplinary fines,

suspensions, student licenses ........................................... HB 1571

State Board of Cosmetology; termination provisions .......................... SB 535

COUNTIES (Also See Local Government)

Ad Valorem; boats; tax situs; 184 days or more requirement

HB 1263

Ad Valorem; delinquent tax payment penalties; certain counties

SB 633

Ad Valorem; freeport exemption; qualifying procedures; period;

referendums .......................................................... HB 1286

Ad Valorem; persons employed as an appraiser for tax purposes

HB 1289

Ad Valorem; property tax assessment; limitations on increases ................ SR 434

Ad Valorem; tax commissioners, collectors, appraisers; duties ................. SB 539

Ad Valorem Taxes; homestead exemption; leased property improvement

SB 440

Ad Valorem Taxes; levy to finance services for at-risk children

SB 424

Ad Valorem Taxes; local school systems; additional revenue sources ........... SR 362

Airports; acquisition of property extraterritorially; procedures

SB 173

Alcoholic Beverage Licenses; issuance; catered functions; permits

SB 319

Annexation, Deannexation of Land by Municipalities; procedures

HB 113

Association County Commissioners; designee; County Probation Advisory

Council .............................................................. HB 1607

Bicycle Riders; riding on roadways; designated bicycle paths ................ HB 1447

Board of Commissioners; compensation; repeal 1980 population bracket...... HB 1725

Board of Commissioners; election districts; reapportion in Floyd,

Berrien, Effingham, Schley, Sumter and Green Counties .................. HB 1615

Board of Elections in Counties of Less Than 11,725; repeal .................. HB 532

Board of Elections; repeal Act based upon certain populations .............. HB 1881

Boards of Commissioners; meeting date; repeal 1970 Census figure

HB 2047

Boards of Education; counties of more than 500,000.......................... SB 742

Boards of Education; members; vacancies; 1990 population figures ............. SB 741

Boards of Elections; repeal Act applicable 1980 population ................. HB 1558

Boards of Health; duties; regulate individual sewage management systems HB 1609

Boards of Health; injury prevention programs; counties of 400,000 or more . . HB 1817

Boards of Health; membership of city school superintendent................ HB 2027

Boards of Health; mental health services; commission to study ................ SB 811

Boards of Registration, Elections; request criminal history records

HB 207

Branch Banks in Adjacent Counties; counties of 400,000 or more .............. SB 839

Business and Occupation Tax; study of equity, revenue impact

SR 510

Business Licenses; evidence of state licensure; requirements................. HB 1718

Business, Occupation Tax; study of tax equity, revenue impact............... HR 938

Business Taxes; place of principal office; utility contractors .................. HB 750

Campus Police Officers; applicable counties of 500,000 or more ................ SB 749

Cemeteries, Burial Grounds, Private Plots; abandoned; restoration,

maintenance costs; reimbursement...................................... HB 1611

Cemeteries; minimum size; exemption; counties less than 10,000............... SB 490

Children and Youth; study of needs of juvenile offenders

HB 1549

Cities Within Counties of 500,000 or More; zoning review................... HB 2045

Coastal; operation of cruise vessels as gambling places; referendum

SB 2

Collecting Fines, Fees, Moneys for State; costs; collection fee ................. SB 608

Constitutional Officers; minimum annual salaries............................. SB 553

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3692

JOURNAL OF THE SENATE

COUNTIES (Continued)

Contracts; multiyear lease purchases; voter referendum approval ................ SB 6

Contracts; public letting and bids; advertisement of bids .................... .SB 556

Counties of 550,000 or More; charitable grants; conditions ..................... SB 86

Counties of 550,000 or More; criminal bail bond fees; use of .................. SB 227

County Jail Fund; city contracts; fines, assessment, collection ............... HB 1149

County Jail Fund; manner in which money collected shall be paid

SB 164

County Official Newspaper; legal advertising; designation of................. HB 1545

County Probation Advisory Council; creation; composition; contracts for

private probation services.............................................. HB 1607

Crime Victim Restitution Payments; unclaimed funds; disposition

HB 1721

Development Authorities; board of directors; number of members ............ HB 666

Development Authorities; joint boards; powers; transfer of assets ............ HB 1733

Development Authorities; redefine projects .................................. SB 583

Development Impact Fee Ordinances; conform statutes; water, sewer

hook-up and connection fees; procedures ................................ HB 1103

Elections; county registrars; appointment by governing authority .............. SB 807

Elections; deputy registrars; population of 500,000 to 600,000 ................. SB 832

Emergency Ambulance Providers; territorial zones; plan approval.............. SB 810

Environmental Protection Laws; enforcement authority; study of .............. SR 511

Excise Tax on Rooms, Lodging; levy; collection; authorization

HB 1212

Firearms; preempt, prohibit local regulation; exclusions...................... HB 375

Funds; deposits and audits; repeal applicable 1970 Census figures

HB 2048

Garbage or Trash; publicly provided containers; prohibitions ................ HB 1181

Governing Authorities; members and chief executive officer; salaries ........... SB 200

Highways; load limitations; fines; sharing of revenues ...................... HB 1396

Hospital Authorities; state grants for public health purposes ................. HB 424

Hotel-Motel Excise Tax; conditions; collection reimbursement rate .......... HB 1850

Indigent Health Care for Which Liable; domiciled pregnant women ........... SB 716

Indigent Legal Defense; costs, funding sources; committee to study ............ SR 439

Indigent Legal Defense; counties of not less than 600,000 ..................... SB 809

Insurance Premium Taxes; fund streets, roads unincorporated areas ........... SB 372

Investments of Funds; risk management and self-insurance funds

HB 602

Jails; inmates; repay costs incurred for medical treatment or wrongful

actions; probation condition............................................ HB 1769

Judicial Sales; legal advertisements; which newspaper shall advertise .......... SB 431

Justice of the Peace Emeritus; counties of 600,000 or more ................... SB 805

Juvenile Justice Services; subsidies; community based services for

commitment of juveniles................................................. SB 378

Law Enforcement Officers; discipline actions; complaint review board

SB 203

Law Libraries; board of trustees; membership of chief judge each court

collecting fees ........................................................ HB 1861

Legal Advertising; official organ of publication; requirements

SB 515

License Plates; alteration of county designation; penalties

HB 15

Local Constitutional Amendments, Acts Repealing; voter approval............ HR 997

Local Services; delivery and financing; committee to study................... HR 894

Motor Vehicle Decals; reflective material specifications ....................... SB 508

Motor Vehicle Licenses; nonissuance for unpaid parking tickets

SB 557

Motor Vehicles; certificates of emission inspection requirements ............... SB 485

Motor Vehicles; emission inspections; requirements; standards .............. HB 1440

Municipalities; annexation of land; rezoning restrictions ...................... SB 748

Office of County Manager; counties in which not applicable

SB 743

Office of County Treasurer; counties of more than 400,000 .................... SB 739

Office of Treasurer Abolished; repeal Act approved 1963

HB 1652

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INDEX

3693

COUNTIES (Continued)

Offices; relocation out of historic courthouse; voter approval ................ HB 1204

Ordinance Violations; service of process ................................... HB 1116

Parks, Playgrounds, Recreation Centers, Housing Projects; criminal

offense of drug trafficking.............................................. HB 1779

Peace Officers; training costs; reimbursement by a new employer .............. SB 750

Pesticides; local regulation prohibited; variance petitions ................... HB 1196

Planning and Zoning; areas of inactive municipalities

HB 1408

Police Force; creation; submit question to voters; procedures ................ HB 1236

Population; bills amending laws changing census classification................. SB 738

Probate Courts; judges; nonpartisan elections; procedures ...................... SB 62

Property Acquired to Develop a Lake; disposition procedures ............... HB 1667

Property; sale or disposition; bidding, auction procedures; exceptions;

conveyances, small parcels ............................................. HB 1675

Public Safety Radio Services; joint use inapplicable certain county ............ SB 801

Regional Development Center Boards; membership; designee

SB 654

Regional Development Centers; nonprofit functions; expenses

SB 660

Residential Areas; notify residents of military practice maneuvers

SB 15

Rural Economically Depressed Areas; committee to study development of

SR 266

Sales Tax; local option or special 1%; vendor compensation fee

HB 1146

Sales Tax; special 1%; purposes; time limits; proceeds; ballot questions;

special elections ....................................................... HB 598

School Tax Collection; counties between 350,000 and 550,000

SB 803

Sheriffs; deposits; interest-bearing account; counties of 500,000 .............. HB 2054

Sheriffs; duties; applicable 1990 population bracket

SB 804

Solid Waste Facilities; intergovernmental contracts; loans

HR 732

Special County 1% Sales Tax for Education Purposes; authorize

SR 65

Special Purpose County Sales Tax; local school systems to receive

and use; amend Constitution ............................................. SR 159

State Courts; clerks; candidates for office; name designated chief

deputy; counties of 425,000 or more .................................... HB 2057

State Courts; contracts to furnish municipal court services

HB 1362

State Courts; judges; residency qualifications ................................ SB 486

State Courts; jurisdiction over city judicial matters. .......................... SB 344

Tax Assessor Boards; elections; General Assembly provide local Act

SB 44

Tax Assessors; condemnation cases; costs fixed by superior court in

counties of 500,000 or more .......................................... HB 2044

Tax Assessors; duties; appeals of appraised values; outside staff

HB 1124

Tax Assessors; joint boards; appeals and review of assessments ...

HB 1118

Tax Assessors; joint city-county boards;transition when abolished............ HB 1537

Tax Collectors, Commissioners; collecting intangible recording taxes;

compensation; Fulton County .......................................... HB 2043

Tax Collectors; executions for delinquent taxes; certain county

HB 2042

Tax Digests; 3-year evaluation cycles; review, approval, disapproval;

tax collections; appeals; penalties ....................................... HB 1595

Tax Executions; delinquent taxes; administration fee levy ..................... SB 56

Tax Officials; change duties; oath; annual accountability ...................... SB 617

Tax Officials; date for closing books; repeal population provision .............. SB 695

Tax Officials; office business hours, days .................................... SB 291

Telephone Area Codes; prohibit splitting certain counties ..................... SB 581

Upper Savannah River Development Authority; expand jurisdiction

HB 1767

Utility Construction; acceptable materials; prohibit refusal.................. HB 1255

Utility Construction; water, sewer; acceptable materials....................... SB 119

Refer to numerical index for page numbers

3694

JOURNAL OF THE SENATE

COUNTIES (Continued)

Voter Registration; issuance of new cards required by court order or

reapportionment; reimbursement to counties. ............................ HB 1380

Workers' Compensation; group self-insurance fund; restrictions................ SB 723

Zoning Proposal Review Procedures; separate planning commissions

HB 825

COURTS (Also See Judicial Circuits or Superior Courts)

Administrative Law Judges; workers' compensation issues

SB 629

Administrative Law Judges; workers' compensation issues; hearings

HB 1679

Adoption; petition hearings; report of child-placing, investigating

agencies; cost reimbursement........................................... HB 1599

Appeals; application procedures in child custody cases

SB 542

Atlanta Judicial Circuit; assistant district attorneys; salary ................. HB 1398

Attorneys; amend rules governing bar examination qualifications

SB 612

Attorneys; applicants; admission State Bar; urge amend requirement

SR 514

Blue Ridge Judicial Circuit; superior court; third judgeship ................... SB 364

Bonds and Recognizances; forfeitures; practices, procedures ................. HB 1706

Brunswick Judicial Circuit; superior court; fifth judgeship .................... SB 314

Child Custody Disputes; best interest of child criteria ........................ SB 210

Child Support Receivers; duties; court costs, sheriffs fees................... HB 1687

Children's Code Study Committee; condense laws under single title

SR 273

Civil Actions; actions behalf of injured minor child; time period ............... SB 305

Civil Actions; childhood sexual abuse; period of limitation

HB 1968

Civil Actions; dismissal for want of prosecution; time period .................. SB 649

Civil Actions; period to recover damages against accountants................ HB 1219

Civil Actions; product liability litigation; disclose hazards ..................... SR 512

Civil Actions; stay; Soldiers' and Sailors' Civil Relief Act of 1940............. HB 720

Civil Actions; trial in state courts; damage claims; jury panels................. SB 517

Civil Cases; additional fees; fund Georgia Indigent Defense Act ............... SR 480

Civil Cases; additional fees; Indigent Defense Funding Act.................... SB 714

Civil Cases; fees; delinquent remission; indigent defense fee ................... SB 715

Civil Cases; fees for sheriff's services; clerks' recording fees ................... SB 496

Civil Cases; filing of pleadings; default judgments .......................... HB 1238

Civil Divorce Cases; judgments without jury verdict.......................... SR 353

Civil Divorce Cases; rendering judgments without jury verdict................. SB 479

Civil Filings; impose fee for judicial education and training ................... SB 518

Civil Practice; limitation of actions ......................................... SB 491

Civil Practice; when case in default; filing and serving time period ............ SB 423

Clerks; duties; moneys from fines due county jail fund ....................... SB 164

Clerks; duties; moneys from fines due county jail funds .................... HB 1149

Clerks; superior; additional salary for services in other courts ................. SB 441

Clerks; superior; bond forfeitures; sheriffs exempt recording fees .............. SB 246

Clerks; superior; duties; traffic cases; repeal certain counties .................. SB 689

Cobb Judicial Circuit; superior court; judges; salary supplement ............... SB 371

Commission on Gender Bias in Judicial System; membership; State

Commission on Family Violence .......................................... SB 703

Conasauga Judicial Circuit; DA investigators; arrest procedures ............... SB 850

County Law Libraries; board of trustees; certain chief judges ............... HB 1861

Crime Victims Restitution Payments; unclaimed funds; disposition

HB 1721

Criminal Cases; jurisdiction, venue; transfer of cases; papers ................. HB 847

Criminal Procedure; bail bonds; accused bound over another court

SB 531

Criminal Procedure; crime victims; compensation; rights

SB 751

Criminal Procedure; death penalty; indigent defense

SB 545

Criminal Procedure; death penalty; murder of elderly persons ................. SB 837

Criminal Procedure; defendents tried upon accusation ...................... HB 1136

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INDEX

3695

COURTS (Continued)

Criminal Procedure; homicide by vehicle; school bus violations ................ SB 646

Criminal Procedure; indigent defense; funding; interest on attorney

trust accounts ........................................................ HB 1097

Criminal Procedure; parole hearings; notify victims of crime .................. SB 788

Criminal Procedure; principal failure to appear; bond forfeiture ............... SB 308

Criminal Procedure; search warrants; plea of insanity defense ................. SB 473

Criminal Procedure; victims; when to allow presence in court ................. SB 671

Criminal Procedure; where offenses are bailable; transfer other court

HB 875

Criminal Proceedings; pleas; redefine mentally retarded ...................... SB 421

Depositions, Uniform Foreign Depositions Act; Title 24 revisions ............... SB 51

District Attorneys; assistant DA's; LL.M. degree redefined .................... SB 787

District Attorneys Emeritus; delete certain retirement restriction

SB 288

District Attorneys; emeritus; surviving spouse benefit options ................ HB 551

District Attorneys; employ victim, witness assistance personnel.............. HB 1450

District Attorneys; retirement options; transfer creditable service

HB 184

Domestic Violence; commission to study personnel training programs

SR 286

Evidence; admissible; drug test results; GBI written reports

SB 59

Evidence; closed circuit TV testimony of child victims

SB 29

Evidence; closed circuit TV testimony of child victims

SB 70

Evidence; criminal sex offenses; use of DNA blood analysis ................... SB 594

Evidence; privileged communication; psychiatrists, psychologists

HB 1435

Evidence; rules; new OCGA Title 24, extensive revision

SB 51

Evidence; trial exhibits; public inspection; limitations

SB 604

Files and Records; inspection; juvenile proceedings ......................... HB 1549

Fines; additional in DUI cases for Crime Victims Emergency Fund ............ SB 524

Fines, Forfeitures, Fine Add-ons; committee to study adopting state

uniform schedule, purposes ............................................. HR 347

Grand Juries; volume of presentments requires second grand jury

SB 85

Griffin Judicial Circuit; superior court; fourth judgeship

SB 334

Historic Courthouses; relocation of county offices; referendum

... HB 1204

Indigent Defense; costs, funding sources; committee to study

SR 439

Indigent Defense Fees; delinquent remission; penalty......................... SB 715

Indigent Defense; financing of local programs; bail bondsmen fees ............. SB 304

Indigent Defense Funding; use of additional fees in civil cases

SB 714

Indigent Defense in Capital Cases; multicounty public defender ............... SB 545

Judges; criminal, civil, juvenile, probate; salaries

SB 806

Judges; ethics training requirements; failure to attend ...................... HB 1648

Judges; gratuities for performing marriage ceremonies ........................ SB 495

Judges; retirees of superior and state; county supplement..................... SB 546

Judges; retirees; senior judges; service to other courts

HB 900

Judges; retirement; members over age 70 remaining in office .................. SB 529

Judicial Branch; employees uncompensated furlough days .................... SB 510

Judicial Circuits; assistant district attorneys; office authorized according

1970 Census repeal Act................................................ HB 1907

Judicial Circuits; court administrators; retirement membership ............... HB 588

Judicial Circuits; create a new Enotah Judicial Circuit; revise

composition of Mountain Circuit and Northeastern Circuit. ............... HB 1288

Judicial Circuits; create Family Violence Community Task Forces

SB 703

Judicial Circuits; special trial district; investigative grand jury ................. SR 70

Judicial Council of Georgia Employees; creditable retirement service

SB 445

Judicial Education and Training; additional filing fee to fund

SB 518

Judicial Nominating Commission; provide for................................ SB 295

Judicial Review; allegations of discrimatory housing practices

SB 615

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3696

JOURNAL OF THE SENATE

COURTS (Continued)

Judicial Review; appeal of awards; workers' compensation .................... SB 702

Judicial Sales; legal advertising; designation of official organ ................ HB 1545

Judicial System Workshops to Review Future Needs; commend ............... SR 520

Juries; investigative grand juries in special trial districts ....................... SR 70

Juries; qualifications; able communicate in English language .................. SB 504

Juror Lists; use for commercial solicitation prohibited ....................... HB 308

Jurors; unauthorized absences; contempt powers of judges .................... SB 675

Jury Panels; felony cases; equal number of peremptory challenges

SB 383

Jury Panels; felony trials; change size; number of peremptory challenges . HB 1710

Justice of the Peace Emeritus; applicable population bracket

SB 805

Justices of Supreme Court, Apellate Judges Appearing as Counsel;

expiration of 5 years; amend Constitution .................................. SR 76

Juvenile; delinquency cases; records inspection; fingerprint, photo file

HB 683

Juvenile; delinquency, deprivation hearings, files, reports; public

inspection, disclosure; conditions ......................................... SB 260

Juvenile; delinquency proceeding; use of victim impact statement

SB 644

Juvenile; disposition of delinquent, unruly, at-risk children

HB 1549

Juvenile; expenses of child held in custody; parents reimburse

HB 1598

Juvenile; first time offenders; orders to participate in counseling for child,

parent, guardians; procedures; expenses ................................. HB 1977

Juvenile; inspection of files, records; statistical data

SB 492

Juvenile; judges; practice of law; prohibition; exception; circuits of

180,000 or more ...................................................... HB 1358

Juvenile; judges; practice of law; prohibition; population .................... HB 1884

Juvenile; judges; practice of law; repeal prohibition; circuits of

160,000 or more ...................................................... HB 1357

Juvenile; judges; prohibited from practicing law ............................. SB 655

Juvenile; office of senior judge created; appointment to service ............... HB 572

Lookout Mountain Circuit; superior court; judges; expense allowance

HB 1158

Lookout Mountain Judicial Circuit; assistant district attorney

HB 1157

Lookout Mountain Judicial Circuit; district attorney; personnel

HB 1084

Lookout Mountain Judicial Circuit; fourth judgeship ........................ HB 354

Magistrate; jurisdiction; failure attach mobile home decals .................... SB 617

Magistrate; jurisdiction; failure attach mobile home decals .................... SB 783

Magistrate; prosecution of mobile home decal violations

HB 1927

Municipal; authority; certain driver's license violations

HB 1216

Municipal; contracts for services with state courts of counties

HB 1362

Municipal; judges; active members State Bar; training exemption

SB 653

Municipal; jurisdiction; criminal trespass cases; fines

HB 1211

Municipal; jurisdiction of State Courts of Counties; city matters .............. SB 344

Municipal; probationary services; private enterprises; procedure ............... SB 730

Notaries Public; filing of bonds with superior court clerks .................... SB 719

Pleas of Insanity; examination of defendant's mental condition

SB 473

Pretrial Proceedings; insanity or mental incompetency defense;

acceptance conditions; conditional release; outpatient treatment ........... HB 1776

Probate; chief clerk; performing duties as judge; compensation

SB 554

Probate; civil cases; default judgments; open for cause; grounds

HB 1238

Probate; guardianships; medical insurance for minor wards

HB 1238

Probate; judges; duties; issuance of firearms licenses .......................... SB 45

Probate; judges; fees; change applicable county population bracket

HB 1651

Probate; judges; minimum annual salary

SB 553

Probate; judges; nonpartisan primaries and elections; procedures

SB 62

Probate; judges; office business hours, time period, days

SB 291

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INDEX

3697

COURTS (Continued)

Probate; judges; retirement; cost-of-living benefits. ............................ SB 47

Probate; judges; retirement; creditable service; benefits; dues ................... SB 60

Probate; judges; retirement; eligibility; age 55, 10 years service ................ SB 337

Probate; judges retirement fund; membership of employees .................... SB 61

Probate; jurisdiction; violations in parks, historic sites, recreation areas ...... HB 1453

Probate; lost or destroyed wills; presumption of revocability .................. SB 828

Probate; mental health hearings; costs, fees, expenses ....................... HB 213

Probate; traffic cases; certain superior court clerks; repeal duty

SB 689

Probate; traffic cases; superior court clerks; repeal duties

HB 1645

Probation Supervisors Assigned to Circuits; release from duties

HB 1607

Public Records; reproductions; per page copying fees

SB 345

Records; defendant's convictions for DUI offenses; disposition

SB 664

Rockdale Judicial Circuit; superior court; additional judge

SB 127

Sentencing; defendants convicted theft by shoplifting

SB 635

Sentencing; punishment imposition; jurisdiction; probated sentences

HB 1607

Sentencing; sexual offenses; enticing child for indecent purpose ............. HB 1185

Sentencing; street gangs; criminal activities and terrorism..................... SB 735

Sheriffs; appointees filling a vacancy; retirement credit

HB 501

Sheriffs; deposits in interest-bearing account; certain counties

HB 2054

Sheriffs; duties; jail inmates; medical or hospital care

HB 1170

Sheriffs; duties; persons charged county ordinance violation ................... SB 804

Sheriffs; minimum annual salary ........................................... SB 553

Sheriffs; qualifications to hold office; training; certification .................. HB 1613

Southern Judicial Circuit; superior court; fifth judgeship...................... SB 776

State; clerks; candidate election ballots; name designated chief deputy;

counties of 425,000 or more ............................................ HB 2057

State; contracts with Municipal Courts to provide services

HB 1362

State Courts of Counties; jurisdiction over city judicial matters ............... SB 344

State; designee to County Probation Advisory Council...................... HB 1607

State; judge or solicitor; retirement, prior service credit ...................... SB 149

State; judges; residency qualifications; resident for 3 years

SB 486

State; judges; retirees; county supplement to benefits......................... SB 546

State, Magistrate; fees for volunteer legal service agencies .................... SB 627

State; solicitors; bad check division to process complaints..................... SB 530

State; solicitors, investigators, assistants; carrying weapons .................. HB 1120

Stone Mountain Judicial Circuit; superior court; tenth judgeship .............. SB 301

Subpoenas; disclosure of customer personal telephone records

SB 297

Sunshine in Litigation Act; concealing a public hazard

.... SB 610

Superior; chief judge; appoint jury clerk and other personnel

SB 683

Superior; clerks; additional compensation; certain county

SB 384

Superior; clerks; additional salary for services in other courts

SB 441

Superior; clerks; bond forfeiture recording fees; exempt sheriffs ............... SB 246

Superior; clerks; fees; domestic cases; counties of 640,000

SB 317

Superior; clerks; fees; revise; counties of 550,000 or more

SB 316

Superior; clerks; fees; 1990 population classification .......................... SB 318

Superior; clerks; minimum annual salary .................................... SB 553

Superior; Dougherty Judicial Circuit; additional judgeship .................. HB 1943

Superior; filing family violence petitions seeking relief........................ SB 572

Superior; Flint Judicial Circuit; third judgeship ............................ HB 2094

Superior; Georgia Safe Dams Act violations; filing final orders

SB 522

Superior; Gwinnett Judicial Circuit; sixth judgeship

HB 534

Superior; judges; appointment by Governor, 4 year term; amend

Constitution ............................................................ SR 170

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3698

JOURNAL OF THE SENATE

COURTS (Continued)

Superior; judges; appointment of jury clerk; Fulton County ................... SB 794

Superior; judges; comprehensive revision of election method .................. SB 264

Superior; judges; fixing costs to be paid in condemnation cases.............. HB 2044

Superior; judges; repeal election, provide appointment by Governor............ SB 263

Superior; judges; retirees; county supplement to benefits...................... SB 546

Superior; judges; retirement; transfer prior service as state court judge

or solicitor ...................................... HB 183

Superior; judges; single-member districts; elections; terms..................... SB 262

Superior; judges supplemental expense allowances; 1970 population;

repeal Act............................................................ HB 1909

Superior; judges; term of office; adjust so all judges elected same time

SR 171

Superior; judges; transfer of membership to District Attorneys'

Retirement System..................................................... HB 801

Superior; judicial review; legislative, congressional redistricting

SB 138

Superior; jurisdiction; contested municipal election cases; costs .............. HB 1374

Superior; offices of district attorneys; Bad Check Division

SB 530

Superior; review; certificate of need; multiple petitioners

SB 586

Superior; Stone Mountain Circuit; judges; salary supplement

HB 2082

Superior; Tallapoosa Judicial Circuit; additional judgeship

HB 1943

Supreme; Chief Justice address General Assembly; January 17 ............... HR 641

Supreme; Justices and Appellate Judges; invite General Assembly

HR 639

Supreme; rules governing admission to practice of law; urge amend

SR 514

Traffic Offenses; convictions, adjudication of guilt, nolo contendere pleas;

reports through electronic methods

HB 1121

Traffic Violation Bureaus; jurisdiction; procedures; PSD reports ............... SB 505

Trials; bail; posting of bonds; accused bound over another court .............. SB 531

Trials; felony cases seeking death penalty; size of jury panels; number

of peremptory challenges .............................................. HB 1710

Trials; grounds for continuance; attorneys on General Assembly staff .......... SB 310

Trials; juries in felony cases; number of peremptory challenges ................ SB 383

Trials; prosecution of DUI cases; request for trial by jury..................... SB 525

Trials; prosecution of DUI cases; request for trial by jury

SB 666

Trials; witnesses; child victims; closed circuit TV testimony.................... SB 29

Trials; witnesses; child victims; closed circuit TV testimony.................... SB 70

Witnesses; staff to assist; employment by district attorneys ................. HB 1450

COWAN, AGNES; commend ..................... SR 562

COWETA COUNTY

Board of Commissioners; compensation ................................... HB 2108

Board of Commissioners; deputy clerk, office of county treasurer ............ HB 1764

Board of Commissioners; election districts; reapportion

...

HB 1765

Board of Commissioners; repeal prior Act amending original Act ............ HB 1766

Board of Education; election districts; reapportion ......................... HB 1839

CRAWFORD COUNTY Board of Commissioners; election districts; reapportion; terms............... HB 2031 Board of Commissioners; regulate, restrict depositing of sludge .............. HB 2176 Board of Education; compensation; expenses .............................. HB 2175

CREDIT CARDS

Financial Transaction Card Theft; repeal theft by taking ..................... SB 151

Loan Brokers; unfair or deceptive practices; criminal penalty

HB 1210

CRENSHAW, EMORY K.; tribute; condolences to family .................... SR 387

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INDEX

3699

CRIME INFORMATION CENTER

Adoption Petitioners; required criminal records check; reports

HB 1599

Criminal Records Check for Employment; teachers, principals, other

certificated personnel; procedures......................................... SB 425

Criminal Records Check; operators, instructors of DUI Alcohol or Drug

Use Risk Reduction Programs ........

HB 358

Duties; driver's license applicant fingerprint records; dissemination ............ .SB 75

Juvenile; felonious offenses; fingerprint and photograph files ................. HB 683

Records; dissemination; county registration and elections boards

... HB 207

Records; dissemination; firearms purchaser background check

SB 150

Reports of Crimes Against School Students; identifying data

HB 1296

CRIME VICTIMS (See Victims of Crime or Courts)

CRIMES AND OFFENSES

Abandoned Vehicles; offense of leaving accessible to children

HB 1156

Aggravated Assault; alleged; bailable only before superior court ............... SB 388

AIDS Transmitting Crime by Delinquent Child; disposition ................. HB 1549

Aircraft; offense of homicide by aircraft; alcohol, drug use .................. HB 1294

Alcohol or Drug Use While Operating Watercraft; prohibitions

SB 474

Animals; offenses constituting animal abuse; penalties

SB 772

Arrested Persons; transfer to jurisdiction where offense occurred

SB 497

Arson; suspicious fires, explosions; uniform reporting of .................... HB 1503

Bad Check Complaints; processing; district attorneys, solicitors................ SB 530

Bad Checks; issuance for construction labor or material debt ................. SB 131

Battery, Offense of Simple; against police, corrections, detention officers,

or law enforcement dogs; punishment..................................... SB 255

Burglary; alleged; offense bailable only before superior court .................. SB 388

Child Molestation; persons sentenced; parole limitations

SR 352

Cigarettes, Tobacco Products; sales to, purchase by persons under age 18

SB 248

Cockfighting, Offense of; felony penalty; definition ........................... SB 219

Concealed Weapons Offenses; exempt certain state court personnel

HB 1120

Controlled Substances and Dangerous Drugs; change listings redefine ........ HB 1342

Controlled Substances; drug testing of state employees ...................... HB 933

Controlled Substances; forfeitures; use of proceeds ........................... SB 569

Controlled Substances; inmates, penal institutions; random tests;

investigation.................................... HB 248

Controlled Substances; property forfeiture cases; procedures .................. SB 114

Controlled Substances; property forfeiture proceedings; proceeds ............... SB 73

Controlled Substances Therapeutic Research Act; unauthorized use

HB 1187

Controlled Substances; violations; posting of cash bail bonds .................. SB 232

Criminal Proceedings; pleas; redefine mentally retarded ...................... SB 421

Criminal Prosecutions; insanity or mental incompetency defense;

acceptance conditions ................................................. HB 1776

Death Investigations; autopsies; hospitals report suspicious deaths ............. SB 322

Death Investigations; redefine autopsies, limited dissection.................... SB 302

Drug Offenses; property criminally derived; prohibit sell, exchange ........... HB 324

Drug Trafficking; felony offense of trafficking methamphetamine

SB 834

Drug Trafficking; juveniles; designated felony act defined; prosecution;

restrictive custody ...................................................... HB 87

Drug Trafficking; marijuana; quantity involved; punishment

HB 86

Drug Trafficking Near Schools; counterfeit substances; felony ................. SB 676

Drug Trafficking; penalty; recreation or residential areas...................... SB 592

Drug Trafficking; persons convicted; mandatory term of imprisonment

SB 439

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3700

JOURNAL OF THE SENATE

CRIMES AND OFFENSES (Continued)

Drug Trafficking; persons convicted not eligible pardon or parole

SB 438

Drug Trafficking; persons sentenced; parole limitations ....................... SR 352

Drug Trafficking; prohibit pardon or parole; amend Constitution .............. SR 238

Drug Trafficking; using persons under age 17; felony penalty

SB 593

Drug Trafficking; vicinity of parks, playgrounds, recreation centers,

public housing projects; criminal penalties............................... HB 1779

Drugs; illegal possession; license suspension; restoration fees

HB 1145

False Identification Documents; sales to a minor; penalties

SB 732

Family Violence; felonious acts, battery, false imprisonment; arrest ........... HB 298

Family Violence; investigations; determining primary aggressor

SB 572

Family Violence; offenses of simple battery and simple assault

HB 1277

Family Violence; state commission created to address problems

SB 703

Felony Crimes; indigent legal defense when death penalty sought

SB 545

Felony Offenses Involving Theft, Forgery, Escape, Habitual Violators;

trial upon accusations; procedures

HB 1136

Fines and Forfeitures, Joint Study Committee and Advisory Council

HR 347

Firearms; discharging at a moving train causing injury; penalty

SB 727

Firearms; handguns, pistols; regulate sales through dealers; purchaser

background checks required; procedures; prohibitions

SB 150

Firearms; offense of criminal storage; Protection for Minors Act

HB 277

Firearms; pistols, revolvers; applicants for license; investigate

SB 45

Firearms; pistols, revolvers; sales; 7-day wait period; purchaser records check SB 118

Firearms; regulation of sales, unlawful purchases; study of .................... SR 299

Firearms; state-wide regulation; ammunition; dealer information

SB 778

Firearms; statewide regulation; preeempt, prohibit local regulation

HB 375

Firearms; weapons or explosives on school property or vehicles

SB 563

Gambling Laws; lottery material, equipment; use outside state

SB 475

Gambling on Cruise Vessels; authorize; amend Constitution .................... SR 17

Gambling; permits; cruise vessels on coastal waters; GBA operate ............... SB 2

GBI; investigation of local law enforcement officers, agencies

SB 38

Insurance; offense of fraud; felony felony penalty ............................. SB 66

Kidnapping; alleged; offense bailable only before superior court

SB 388

Litter Control Law; violations; publicly provided garbage containers

or facilities ........................................................... HB 1181

Midwifery; practice without certificate of authority; felony penalty

SB 194

Motor Vehicle Theft; punishment; incarceration inmate boot camp unit

SB 350

Murder and Involuntary Manslaughter; direct, indirect cause ................. SB 710

Murder; offense committed against persons over age 65; penalty............... SB 837

Murder, Offense of; infliction of an injury and resultant death

SB 147

Offense of Cruelty to Animals; criminal penalties .......................... HB 1691

Offense of Endangering Child By Driving DUI While Transporting

SB 487

Peace Officers; reserve officers; authority to carry firearms ..................... SB 53

Public Officers; conflicts of interest; Airport Development Authority ......... HB 1106

Public Transit Bus, Rail, Terminal; altered tokens, cards; penalty ........... HB 1471

Reptiles; poisonous; use in religious services prohibited

SB 21

Sex Offenses; evidence; DNA analysis of blood samples

SB 594

Sexual Abuse in Childhood; damage actions; period of limitation

HB 1968

Sexual Assault Against Persons Under Psychotherapeutic Care

HB 1523

Sexual Offenses; enticing child for indecent purposes

HB 1185

Sexual Offenses; victims under age 16; exclusion, limitation on prosecution HB 240

Smoking of Tobacco in Public Places; violations; designated areas

SB 251

Stolen Property; hold notices; duties of metals recyclers

HB 1756

Street Gangs; criminal activities, conduct by members; penalty

SB 735

Refer to numerical index for page numbers

INDEX

3701

CRIMES AND OFFENSES (Continued)

Theft by Extortion; offenses against elderly persons; penalty .................. SB 526

Theft by Shoplifting; fourth or subsequent offense; sentencing ................ SB 635

Theft; financial transaction cards; repeal theft by taking ..................... SB 151

Theft; intent to defraud; architects, landscapers, engineers, contractors; .SB 132

Theft; offense of fraudulent receipt of rental property

HB 1474

Theft; trade secrets; offense of misappropriation defined

SB 320

Traffic Offenses; misdemeanors; enforcement; court jurisdiction

SB 505

Vehicles Fleeing or Attempting to Elude Police; change penalty

SB 494

Vehicles; use of flashing or revolving blue lights or devices

HB 1478

Victim Compensation; proceeds, additional fines, DUI cases

SB 524

Victim Restitution; eligible persons; restitution rights ................ ....... SB 751

Victims or Immediate Family; when to allow presence in court

SB 671

Violent Crimes; defined; sentences imposed; limit parole actions

HB 1607

CRIMINAL PROCEDURE

Arrested Persons; transfer to jurisdiction where offense occurred

SB 497

Bail Bonds; accused bound over to another court; bondsmen options .......... SB 531

Bail Bonds; posting of cash; evidence of legal source for cash

SB 232

Bail; surety bonds; forfeitures; practices and procedures

HB 1706

Bailable Offenses Only Before Superior Court; alleged kidnapping, arson,

aggravated assault, burglary..................... ..................... SB 388

Bailable Offenses; superior court judge may delegate authority ............... HB 875

Bonds and Recognizances; forfeiture; principal failure to appear ............... SB 308

Children; victim or witness of sexual crimes; closed circuit TV testimony ....... SB 70

Children; victims of certain crimes; closed circuit TV testimony ................ SB 29

Crime Victims Compensation; eligible persons; restitution rights............... SB 751

Crime Victims Emergency Fund; deposit additional fines, DUI cases

SB 524

Criminal Justice Coordinating Council; serve as Georgia Crime Victims

Compensation Board .................................................... SB 751

Death Penalty; imposition; murder against person over age of 65 .............. SB 837

Death Penalty; indigent defense in capital cases ............................. SB 545

Evidence; admissible; drug test results; GBI written reports

SB 59

Evidence; presence in courtroom of victim and immediate family

SB 671

Evidence; rules; new OCGA Title 24, extensive revision........................ SB 51

Family Violence; investigations; reporting of incidents to GBI

HB 1763

Family Violence; investigations to determine primary aggressor

SB 572

Family Violence; protective order violation; arrests; probable cause ........... HB 298

Felony Cases; trial upon accusations filed by district attorney

HB 1136

Felony Trials; juries; equal number of peremptory challenges ................. SB 383

Felony Trials; juries; size of jury panel; number of peremptory challenges

allowed; cases seeking death penalty .................................... HB 1710

Homicide by Vehicle; driver's failure to stop for school bus ................... SB 646

Indigent Defense; costs, funding sources; committee to study.................. SR 439

Indigent Defense; fees in civil cases; delinquent remission

SB 715

Indigent Defense; financing of local programs; bail bondsmen fees

SB 304

Indigent Defense Funding Act; additional fees in civil cases................... SB 714

Indigent Defense; funding; interest on lawyer trust accounts ................ HB 1097

Indigent Defense in Capital Cases; multicounty public defender ............... SB 545

Indigent Defense; unify services in counties of 550,000 or more................ SB 696

Jurisdiction; transfer of cases to county where arrested ...................... HB 847

Juvenile Court; sentencing; victim impact statement ....................... SB 644

Plea of Mental Incompetency Time of Crime; define mentally retarded

SB 421

Pleas of Insanity; examine defendant's mental condition; treatment

SB 473

Refer to numerical index for page numbers

3702

JOURNAL OF THE SENATE

CRIMINAL PROCEDURE (Continued)

Pleas of Insanity, Mental Incompetency; acceptance conditions; conditional

release, outpatient treatment........................................... HB 1776

Search Warrants; filing of complaint; procedures; time limits.................. SB 473

Search Warrants; property seizure; Controlled Substances Act

SB 114

Searches With Warrants; officer who recklessly destroys property;

civil liability.......................................................... HB 1749

Sentencing-reform Bill; confinement, probation, parole, suspension;

duration; limit certain parole actions; restitution; revocation

HB 1607

Sexual Offenses; victims under age 16; exclusion, limitation on prosecution HB 240

Victims of Crime; prior notice of decision to parole inmate

SB 788

Victims of Crimes; unclaimed restitution payments; transfer to Crime

Victims Emergency Fund and operating fund of counties

HB 1721

CRISP COUNTY

Magistrate Court; county law library fees

HB 1695

Property Conveyance; road right of way easement ........................... SR 417

Tax Commissioner and Personnel; change compensation provisions

HB 2079

CROW, THOMAS BRIAN, 4-H National Champion; commend

SR 456

CRUISE SHIPS, PASSENGER VESSELS

Licensed Sale of alcoholic beverages authorized .............................. SB 265

Operation as Gambling Places on Coastal Waters; referendum

SB 2

CRUMP, PATIA SHERAL, 4-H National Champion; commend

SR 454

CUMMING-FORSYTH COUNTY CHARTER COMMISSION; referendum approval .................................................... HB 2062

D

DADE COUNTY

Assistant District Attorney; applicable population provisions ................ HB 1157

Board of Commissioners; election districts; reapportion ..................... HB 2172

District Attorney; personnel; expenses; submit budget

HB 1084

Superior Court; additional judgeship; Lookout Mountain Circuit

HB 354

Superior Court; judges; supplemental expense allowance

HB 1158

DAHLONEGA, CITY OF

Designate; Historic U.S. 19 and Ga. 60 Business Route ....................... SR 358

Mayor; membership on Lumpkin County Water and Sewerage Authority

HB 1985

DALLAS, CITY OF; designate; J.E. Ted McTyre Parkway, portion State Hwy 61 ........................................................... HR 713

DAMS

Boat Safety Act; marked safety zones; hazardous area; flotation device

HB 707

Committee to Study Check Dams for Satilla, Altamaha, Ocmulgee, Oconee,

Flint, Alapaha Rivers ................................................... SR 496

Dam Construction; mining activities; reclamation; land use plan

SB 523

Georgia Safe Dams Act of 1978; violations; filing final orders.................. SB 522

DASHER, CITY OF; new charter ........................................ HB 1316

DAVIDSON, TARA JOYNER; compensate................................ HR 677

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INDEX

3703

DAVIS, SANDRA K.; compensate......................................... HR 879

DAVISBORO, CITY OF; property conveyance; easement; water facility........ SR 407

DAWKINS, SENATOR HARRILL; excused; death in family............... Page 474

DAWSON, CITY OF City Commission; repeal 1982 Act fixing compensation City Officials; compensation; repeal Act according 1980 Census

SB 758 HB 2001

DAWSON COUNTY Board of Education; election districts; reapportion ......................... HB 2096 Commission to Study Expanding From a Single Commissioner to Multimember Board................................................................ HB 2173 Northeastern Judicial Circuit; superior court; jurisdiction ................... HB 1288 Probate Courts; traffic cases; repeal superior court clerk duties ................ SB 689 Probate Courts; traffic cases; repeal superior court clerk duty ............... HB 1645

DAY CARE AND EARLY EDUCATION; urge increased funding ........... SR 573

DEAF PERSONS (See Handicapped or Hearing Impaired)

DEAL, HONORABLE J. NATHAN; recognizing

SR 588

DEAL, SENATOR NATHAN; excused to attend funeral.................. Page 2117

DEATH

Autopsies; consent requirements; exception .................................... SB 3

Dead Bodies or Body Parts; unlawful incineration or cremation

HB 1203

Death Certificates; filing; disposition permits; time period .................. HB 1534

Death Certificates; medical certification within 48 hours ...................... SB 354

Human Remains, Burial Grounds; disturbance or damage prohibited ......... HB 457

Investigations; autopsies; tissue studies; reporting of person admitted

hospitals unconscious state .............................................. SB 322

Investigations; autopsies; tissues retained for additional study ................. SB 302

Investigations; unattended deaths; duties of coroners .......................... SB 33

Murder, Offense of; infliction of an injury and resultant death ................ SB 147

DEATH PENALTY (Also See Courts or Sentence)

Commuting Sentence to Life Imprisonment; amend Constitution .............. SR 352

Imposition; offense of murder against persons over age 65

SB 837

Indigent Defense in Capital Cases; multicounty public defender

SB 545

DEBTOR AND CREDITOR

Bankruptcy; attorneys advertising debt relief services; regulate ................ SB 472

Bankruptcy Courts; applied laws, payback plans, fees; urge monitor

SR 426

Bankruptcy Proceedings; notice to creditors prior to commencing

SB 466

Bankruptcy Proceedings; when attorney deemed investment advisor ........... SB 467

False Advertising; use of terms pertaining debt or bankruptcy ................ SB 582

Hospital Liens; claims; filing; time period ................................... SB 170

Judgments; collectable interest rate; change ................................. SB 326

Loan Brokers; unfair or deceptive practices; criminal penalties .............. HB 1210

Secured Transactions; priority of tax liens and judgments .................. HB 1722

DECATUR COUNTY
Development Authorities; joint boards; transfer of assets ................... HB 1733 Office of County Treasurer; repeal 1963 Act to abolish ..................... HB 1652 Probate Courts; judges; fees; update 1990 population bracket ............... HB 1651

DECEPTIVE PRACTICES (See Commerce and Trade or Selling)

DEER BAITING STUDY COMMITTEE

SR 525

Refer to numerical index for page numbers

3704

JOURNAL OF THE SENATE

DEFENSE DEPARTMENT (See Military Affairs)

DEKALB COUNTY

Ad Valorem; additional board of equalization; update Census figure

HB 2041

Ad Valorem; additional boards of equalization; assessment services

HB 1114

Ad Valorem; additional boards of equalization; population provisions

HB 1117

Ad Valorem; county taxes; homestead exemption

SB 766

Ad Valorem; homestead exemption; elderly, disabled; referendum

HB 2149

Ad Valorem; homestead exemption; surviving spouse of armed

forces member; referendum .............................................. SB 668

Ad Valorem; school taxes; homestead exemption ............................. SB 767

Ad Valorem; school taxes; homestead exemption; certain residents

HB 2148

Ad Valorem; school taxes; homestead exemption; persons 70 or over

HB 2151

Ad Valorem Tax Survey Commission; study special service districts

HB 2169

Alcoholic Beverages; retail sales; entry of persons under age 18

HB 2015

Alcoholic Beverages; sales on Sundays at public festivals

SB 728

Board of Commissioners; election districts; reapportion; referendum

HB 1577

Board of Education; election districts; reapportion ......................... HB 1673

Board of Education; vacancies when member qualifies other office

SB 741

Board of Ethics; expand jurisdiction; sanctions; referendum

SB 559

Board of Health; authority; injury prevention programs

HB 1817

Board of Education; operation of schools; certain cities within

SB 742

Bond Elections; legal advertisement; statement of intention ................... SB 808

Campus Police Officers; applicable counties; population figures

SB 749

Cities Within; appointment of registrars, deputy registrars .................... SB 802

Condemnation Cases; pay costs to assessors fixed by court

HB 2044

Elections; deputy registrars; appointment; revise population

SB 832

Land Annexed by Municipalities; rezoning restrictions. ....................... SB 748

Municipalities; purging of electors list; notices; postage ....................... SB 754

Municipalities Within; qualified electors; preparation of lists .................. SB 796

Municipalities Within; voter registration lists ................................ SB 740

Office of County Manager Not Authorized; population bracket ................ SB 743

Ordinance Violations; maximum fines may impose

HB 1517

Probate Court; county administrators as county guardians

SB 753

Property Conveyance; Human Resources properties; power line easement

SR 407

School Taxes; collection by tax commissioners; funds retained................. SB 803

School Taxes; homestead exemption; surviving spouse of armed

forces member; referendum .............................................. SB 667

Sheriff; deposits; interest-bearing accounts; update population

HB 2054

Sheriffs; duties; persons charged county ordinance violation

SB 804

Site for 1996 Olympic Tennis Events; support

SR 220

Special Services Tax Districts; limitation on millage rate

HB 2134

Superior Court; judges; salary supplement

HB 2082

Superior Court; tenth judgeship ............................................ SB 301

Volunteer Legal Service Agencies; state, magistrate court fees ................. SB 627

Zoning Proposal Review Procedures; applicable cities within

HB 2045

DENTISTS AND DENTAL HYGIENISTS

Dental Hygienists Licensing Stuuy Committee; create ........................ SR 277

Dentistry; practicing without a license; penalties

SB 159

Dentists; representative member to Board of Human Resources

HB 1162

Georgia Board of Dentistry; termination provisions

SB 535

Health Insurance Claims; benefit assignment; direct payments ................ SB 677

DEPARTMENT OF DEFENSE; abolish Emergency Management Division; create as separate agency ......................................... SB 595

Refer to numerical index for page numbers

INDEX

3705

DESERT STORM MONUMENT COMMISSION; creating ................. SR 250

DEVELOPMENT AUTHORITIES (Also See Authorities)

Airport Development Authority Law, Georgia; enact ....................... HB 1106

Board of Directors; maximum number of members; terms ................... HB 666

Counties Between 24,000 - 26,000; joint boards; transfer of powers........... HB 1733

Counties Between 41,700 - 42,300; boards of directors; authority

HB 1231

Counties, Municipal; redefine projects; rehabilitation of land .................. SB 583

Downtown; redevelopment agencies; projects; powers; membership ........... HB 1102

Governmental Entities Imposing Development Impact Fees; procedures

HB 1103

Regional Development Centers; employees; retirement membership .......... HB 1229

Revenue Bonds; financed undertakings; fees for services made available

HB 1750

Rural Development State Advisory Committee; members; appointment ...... HB 1233

DEVELOPMENT IMPACT FEES; ordinances imposing water, sewer hook-up, connection fee ................................................. HB 1103

DICKEY, GENEVIE; designate bridge between Whitfield and Murray County ................................................................. HR 652

DIETITIANS, BOARD OF EXAMINERS OF LICENSED; termination provisions ..................................................... SB 535

DISABLED (See Handicapped or Elderly)

DISTRICT ATTORNEYS (Also See Judicial Circuits)

Assistant DA's; qualifications; redefine appproved LL.M. degree ............... SB 787

Assistant DA's; repeal Act creating office according to 1970

Census population .................................................... HB 1907

Atlanta Judicial Circuit; assistant DAs; maximum salaries .................. HB 1398

Bad Check Division; processing complaints; procedures ....................... SB 530

Conasauga Judicial Circuit; investigators; arrest procedures ................... SB 850

Criminal Cases; jurisdiction, venue; transfer of cases ........................ HB 847

Duties; representation in child support cases .............................. HB 1815

Emeritus; delete retirement restriction on practicing private law .............. SB 288

Emeritus; option to reduce salary and establish spouse benefits .............. HB 551

Enotah Judicial Circuit; provide for office in new circuit

HB 1288

Impaneling Second Grand Jury Panel to Serve Regular Grand Jury ............ SB 85

Lookout Mountain Circuit; personnel; operating expenses; budget ........... HB 1084

Personnel; employ victim and witness assistance personnel.................. HB 1450

Retirees; appointment as DA emeritus; retirement benefits................... HB 900

Retirement; transferring creditable service, funds; time period................ HB 184

DISTRICT ATTORNEYS RETIREMENT SYSTEM Membership; superior court judges; former members transferring ............. HB 801 Retirees Practicing Private Criminal Law; delete restriction ................... SB 288 Retirees; reduce emeritus salary and establish spouse benefits ................ HB 551 Transferring Creditable Service from DA Retirement Fund .................. HB 184

DIVORCE (Also See Domestic Relations)

All Cases Where no Issuable Defense Filed; court render judgment

SR 353

Child Custody Cases; appeal procedures; applications ........................ SB 542

Child Custody; parents' choice to use joint custody agreement .............. HB 1528

Child Custody; parents; residency changes; required notices

HB 1814

Child Support; awards computation; consider both parents income

SB 711

Child Support; education financial assistance to age 21; factors................ SB 380

Child Support; enforcement cases; duties of district attorneys ............... HB 1815

Child Support; health insurance premiums; payroll deduction

HB 1276

Grandparents; visitation rights; determining factors .......................... SB 759

Refer to numerical index for page numbers

3706

JOURNAL OF THE SENATE

DIVORCE (Continued) Granting of Total Divorces Without Necessity of Counterclaim................ SB 479 Petitions; content of statement; birthdates .................................. SB 394

DOCTORS OF THE DAY

Anderson, Dr. Larry W. ................................................. Page 146

Anderson, Dr. Tom ..................................................... Page 187

Balkcom, Dr. I.L. ...................................................... Page 1059

Balsey, Dr. Robert ...................................................... Page 821

Bleich, Dr. Jack ........................................................ Page 186

Bowman, Dr. Mack A.................................................... Page 684

Clark, Dr. Elizabeth..................................................... Page 264

Cooper, Dr. J. Tom .................................................... Page 1676

Duttera, Dr. Julian, Jr. ................................................. Page 1344

Eanes, Dr. Mark ....................................................... Page 1992

Easterling, Dr. Kathy ................................................... Page 186

Fitzgerald, Dr. Brenda ................................................. Page 1167

Fitzgerald, Dr. Tom .................................................... Page 1167

Gamwell, Dr. John ...................................................... Page 298

Garner, Dr. Cyler ...................................................... Page 1436

Gonzales, Dr. Evan .................................................... Page 1104

Harsch, Dr. John ...................................................... Page 1773

Hellwege, Dr. Michael.................................................. Page 1930

Hutchinson, Dr. J.R.B. .................................................. Page 187

Hutto, Dr. Mark....................................................... Page 2870

Jones, Dr. Mark Mitchell............................................... Page 1282

Jones, Dr. Mary B. .................................................... Page 1387

Kaufmann, Dr. James A. ................................................. Page 76

Kaufmann, Dr. Robert ................................................. Page 1204

Kinard, Dr. Garland .................................................... Page 117

Knowles, Dr. Van Cise ................................................. Page 1580

McNeill, Dr. A. A., Jr. .................................................. Page 156

Maughon, Dr. James .................................................... Page 186

Maxey Dr. Joy A.......................................... Pages 98, 186, 573, 2662

Menendez, Dr. Jack .................................................... Page 1042

Metis, Dr. James C., Jr. ................................................. Page 186

Ollins, Dr. Robert....................................................... Page 919

Palmer, Dr. Tim

....

Page 1906

Perrow, Dr. G.H. ...................................................... Page 1531

Perry, Dr. Byron.................... .................................. Page 2680

Pitts, Dr. Robert B...................................................... Page 611

Price, Dr. Thomas ...................................................... Page 264

Purcell, Dr. Dent ....................................................... Page 736

Rogers, Dr. Harrison ................................................... Page 2870

Russell, Dr. Dee .......................................... Page 191

Shelton, Dr. Charlesetta .......................................... Pages 1378, 2219

Smith, Dr. David ...................................................... Page 3193

Street, Dr. Perry ....................................................... Page 808

Summers, Dr. Roland ................................................... Page 443

Tallman, Dr. James M................................................... Page 488

Tillman, Dr. Ralph .................................................... Page 3577

Tuck, Dr. Steve ....................................................... Page 1705

Watts, Dr. Charles ...................................................... Page 213

Refer to numerical index for page numbers

INDEX

3707

DOGS Cruelty to Animals; offenses constituting abuse; penalties ..................... SB 772 Mobility Impaired Persons and Their Trained Service Dogs; rights of......... HB 835 Pet Food; commercial feed licenses; regulation of .......................... HB 1200

DOMESTIC RELATIONS

Adoption Petitions; duties of child-placing, investigating agencies; cost

reimbursement ....................................................... HB 1599

At-Risk Children and Youth; resources, services; goals and policies ............ SB 104

Birth Certificates; adoptees, legitimation; new certificates ..................... SB 601

Child Custody; best interest of child criteria. ..................... SB 210

Child Custody Cases; appeal procedures; applications ........................ SB 542

Child Custody; parents' choice to use joint custody agreement .............. HB 1528

Child Custody; parents; residency changes; required notices ................. HB 1814

Child Support; amount computed net income; special circumstances ............ SB 19

Child Support; computation of awards; determining factors

..... SB 711

Child Support; education financial assistance to age 21; factors................ SB 380

Child Support; enforcement cases; duties of district attorneys .......... HB 1815

Child Support; health insurance premiums; payroll deduction ............... HB 1276

Child Support; locating absent parents; information, DHR registry;

income tax returns; paternity proceedings, evidence ...................... HB 1277

Child Support; nonpayment by unemployed parents; job training............. HB 426

Child Support; obligation for health care, postsecondary education ............ SB 360

Child Support; orders; payment until child completes education; DHR

as petitioner; cost recovery for services; URESA cases .................... HB 1519

Child Support; parties to pay court cost, sheriffs service fees ............... HB 1687

Child Support; use of information on child's birth certificate................ HB 1401

Children and Youth Legislative Overview Committee; create .................. SB 105

Children, Youth, Family Issues; presidential candidates' position .............. SR 493

Divorce Cases; judgments; court render without jury verdict .................. SB 479

Divorce Cases; judgments; when court render without jury verdict............. SR 353

Divorce Petitions; content of statement; include birthdates ................... SB 394

Domestic Violence; create commission to study problems, issues ............... SR 286

Family or Medical Work Leave; state employees entitlement

SB 831

Family Violence; create state commission, community task forces.............. SB 703

Family Violence; definitions; acts between parents of same child ...

HB 1277

Family Violence; incident reports; law enforcement training................. HB 1763

Family Violence; investigations; primary aggressor; petitions .................. SB 572

Family Violence or Protective Order Violations; felonious acts; arrest

based probable cause; enforcement officer duties; notice to judge ........... HB 298

Grandparents; visitation rights; determining factors .......................... SB 759

Guardianships; medical insurance for minor wards ......................... HB 1238

Marriage Ceremonies; gratuities for judges who perform ...................... SB 495

Parent or Guardian; negligence in storage of firearms; penalties .............. HB 277

Parentage; surrogate; void and unenforceable contracts ......................... SB 1

Paternity; established by written statement of parents ....................... SB 565

Paternity Proceedings; evidence; information supplied putative father

registry .............................................................. HB 1277

DOOLEY, MARTIN, PARKWAY; S.R. 61, Eton, Murray County

... HR 976

DOOLY COUNTY

Board of Commissioners; election districts; reapportion; elections ............ HB 2080

Board of Education; election districts; reapportion; elections ....

HB 2078

Refer to numerical index for page numbers

3708

JOURNAL OF THE SENATE

DOUGHERTY COUNTY Board of Commissioners; election districts; reapportion; meetings............ HB 2110 Board of Education; election districts; reapportion; terms ................... HB 2111 Superior Court; additional judgeship; appointment, election, term ........... HB 1943

DOUGHERTY JUDICIAL CIRCUIT; superior court; third judgeship ... HB 1943

DOUGLAS, CITY OF; commissioners; term of office; election date .......... HB 1973

DOUGLAS COUNTY

Board of Commissioners; election districts; reapportion ..................... HB 1920

Board of Education; election districts; reapportion ......................... HB 1921

Community Improvement Districts; boundaries; designate, expand; board

HB 2087

Water and Sewer Authority; additional powers; contracts; drainage basins . . HB 2086

DOUGLASVILLE, CITY OF Douglas County Community Improvement Districts; activation .............. HB 2087 Douglasville-Douglas County Water and Sewer Authority; contracts; additional powers; drainage basins...................................... HB 2086

DRIVER IMPROVEMENT CLINICS, SCHOOLS

Attendance in Lieu of Points Assessment, Fines Assessed................... HB 1275

Driver Improvement Act; approval of clinics and instructors; surety

bond; fees; special licenses fo commercial driver training schools

HB 245

Driver Training Schools; two-year licenses; minimum surety bond;

application fees ........................................................ HB 824

Driver's License; restored upon completion of approved courses ............... SB 579

DUI Alcohol or Drug Use Reduction Programs; operators, instructors;

criminal record check .................................................. HB 358

Licenses; issuance to operators, instructors; surety bonds; fees

.... SB 765

Owner, Operators; personal solicitation of business; restrictions.............. HB 1582

Persons Under Age 21; license suspension; reinstatement condition ........... HB 150

DRIVER'S LICENSE (Also See Motor Vehicles and Traffic)

Alcoholic Beverages; open containers; possession while driving

SB 52

Applications; identifying fingerprint records required .......................... SB 75

Commercial; fees; exempt inmates operating institution vehicles ............. HB 1462

Commercial; urge U.S. Transportation Secretary grant time waiver .......... HR 1170

Commercial Vehicles; disqualifications ..................................... HB 245

Comprehensive Revisions; errors, omissions, clarify laws

... HB 245

Driver Improvement Clinics or DUI Risk Reduction Programs;

business solicitation restrictions ........................................ HB 1582

Fees; comprehensive changes ............................................. HB 1145

Habitual Violators; redefine; multiple arrests within certain period ............ SB 276

Habitual Violators; revocation of a probationary license ...................... SB 636

Implied Consent to Chemical Tests for Alcohol or Drugs; DUI

..... SB 528

Issuance; qualifying armed forces veterans................................... SB 199

Issuance; vision standards; bioptic telescopic correction

SB 81

Merchants Requiring Information to Cash a Check; restrictions ................ SB 11

Points Assessment; excessive speeds; roads, speed limits defined............... SB 157

Points Assessment; possession of open container of alcoholic beverage

SB 156

Probationary; habitual DUI violators; applicant history check ................. SB 487

Reinstatement; completion DUI clinic, program approved other states ....... HB 1508

Special; veterans; redefine persons eligible ................................... SB 555

Suspended or Revoked; driving violations; municipal court authority......... HB 1216

Suspension; controlled substance, marijuana possession; time period

SB 290

Suspension; drug-related offenses; restoration fees............................ SB 505

Suspension; DUI convictions; penalties; habitual violators; pleas ............... SB 274

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INDEX

3709

DRIVER'S LICENSE (Continued)

Suspension; DUI violations; eliminate plea of nolo contenders ................. SB 478

Suspension; DUI violations; revise procedures, penalties ...................... SB 489

Suspension; failure to pay fines within imposed time limit .................... SB 278

Suspension; failure to timely pay traffic violation fines ....................... SB 191

Suspension; mandatory; fraudulent license applications ..................... HB 1462

Suspension; persons under age 21 for alcohol possession ..................... HB 150

Suspension; refuse submit chemical test in certain traffic accidents ........... HB 451

Suspension; restored upon completion of approved courses.................... SB 579

Suspension; second DUI conviction; conditions for return; fees ................ SB 596

Suspension; time period; DUI convictions; habitual violators .................. SB 665

Suspension; 2nd conviction; reinstatement time period ....................... SB 277

Traffic Offenses; convictions; electronic reporting methods .................. HB 1121

Unpaid Parking Tickets; nonissuance until fines paid ........................ SB 557

Using Coded License ID for Purchase of Firearms; committee to study ........ SR 299

Veterans' Driver's Licenses; qualifications

............ SB 69

Violations; attend driver improvement programs in lieu of points and

fines assessed ......................................................... HB 1275

DRIVING UNDER INFLUENCE, DUI

Aircraft; offense of homicide by aircraft................................... HB 1294

Alcohol or Drug Use Risk Reduction Programs; operators, instructors,

criminal records check; fees; corrections facilities.......................... HB 358

Alcoholic Beverages; open containers; possession while driving

..... SB 52

Blood Alcohol Concentration Level; lower presumptive level .................. SB 113

Blood Alcohol Concentration Level; lower to 0.05 grams ....................... SB 91

Blood Alcohol Concentration Level; lower to 0.10%; presumption. ............. SB 275

Blood Alcohol Concentration Level; 0.10 grams; presumption; implied

consent ................................................................ SB 111

Boats; operating under influence; presumptions; blood alcohol content ........ HB 707

Chemical Tests for Alcohol or Drugs in Blood; designation ................... SB 528

Chemical Tests; refuse submit in serious accidents; license suspension

... HB 451

Driver Improvement Clinics or DUI Risk Reduction Programs; restrictions

on soliciting business .................................................. HB 1582

Driver Improvement Clinics; solicitation restrictions ......................... HB 494

Driver's License; periods of suspension; fines; pleas .......................... SB 665

Driver's License; reinstatement; certificates of completion of DUI clinics,

programs approved other states ........................................ HB 1508

Driver's License; suspension; conditions for return; fees....................... SB 596

Driver's License; suspension; increase restoration fees ...................... HB 1145

Driver's License; suspension periods;; habitual violators; plea of nolo

contendere; penalties; reinstatement conditions ............................ SB 274

Driver's License; suspension periods; temporary permits; reinstatement

procedures; chemical tests; BAG content; extensive revisions ................ SB 489

Driver's License; suspension; reinstatement conditions; fees ................... SB 505

Driver's License; suspension; reinstatement; terms, conditions ................ HB 245

Driver's License; suspension; restoration; complete DUI Alcohol, Drug

Program ............................................................... SB 579

Driver's License; suspension; 2nd conviction; reinstatement period ............. SB 277

DUI Alcohol, Drug Treatment Programs; licensure; regulation ................. SB 505

Habitual Violators; felony offense of habitual impaired driving; offense

of endangering a child; penalties ......................................... SB 487

Habitual Violators; redefine; multiple arrests within certain period ............ SB 276

Habitual Violators; revocation of probationary license ........................ SB 636

Refer to numerical index for page numbers

3710

JOURNAL OF THE SENATE

DRIVING UNDER INFLUENCE, DUI (Continued)

Homicide by Vehicle While Driving or as Habitual Violator; limit parole

actions............................................................... HB 1607

Implied Consent to Chemical Tests; revise requirement, procedure

SB 489

Operating Personal Watercraft Under Influence; expand provisions ............ SB 474

Penalties; additional assessment; Crime Victims Emergency Fund

SB 524

Persons Convicted Multiple Times; felony penalty ........................... SB 273

Persons Convicted; records; to motor vehicle insurance company .............. SB 664

Persons Under Age 21; alcoholic beverage possession; penalties

HB 150

Pleas of Nolo Contendere; eliminate for DUI violations....................... SB 478

Pleas of Nolo Contendere; entry not accepted; certain BAG level

SB 516

Pleas of Nolo Contendere; license suspension; reinstatement terms

SB 505

Pleas of Nolo Contendere; order to attend DUI Reduction Program

HB 245

Pleas of Nolo Contendere; restrictions; recorded reason

SB 640

Trial by Jury; requests; subsequent waiver; court jurisdiction ................. SB 666

Trial by Jury; requests; waiver to withdraw; unnecessary delay

SB 525

DRUG TESTING

Candidates for State Office; redefine illegal drugs; qualified labs

HB 601

Drug Testing of Safety Sensitive and Critical Personnel Act of 1991 .......... HB 933

DUI; chemical tests for alcohol, drugs in blood; designation

SB 528

Inmates, Paroles; urine screening; persons certified administer ................ SB 678

Penal Institutions; random periodic unannounced testing of inmates .......... HB 248

State Employees in High Risk Jobs; amend rules, policies .................... SB 459

DRUGS AND DRUG ABUSE

Aircraft; operating under influence of; homicide by aircraft

HB 1294

Boating Under the Influence Alcohol or Drugs; change provisions.............. SB 474

Controlled Substance, Marijuana; driver's license suspension; fees

SB 505

Controlled Substance, Marijuana Possession; drivers license suspension

SB 290

Controlled Substances and Dangerous Drugs; change listings

HB 1342

Controlled Substances; forfeitures; use of proceeds

SB 569

Controlled Substances; property forfeiture cases; procedures

SB 114

Controlled Substances; property forfeiture proceedings; proceeds

SB 73

Controlled Substances Therapeutic Research Act; participants;

unauthorized use...................................................... HB 1187

Controlled Substances; violations; posting of cash bail bonds

SB 232

Driver's License Suspension; reinstatement terms, conditions................. HB 245

Drug Testing; candidates for state office; redefine illegal drugs; qualified

labs .................................................................. HB 601

Drug Testing; chemical tests for alcohol or drugs; designation

SB 528

Drug Testing; employees in state prisons, hospitals; urge discontinue

SR 14

Drug Testing; inmates, paroles; persons certified administer

SB 678

Drug Testing of Safety Sensitive and Critical Personnel Act of 1991 .......... HB 933

Drug Testing; state employees in high risk jobs; rules, policies

SB 459

Drug Trafficking; cocaine, illegal drugs, marijuana; felony conviction;

mandatory term of imprisonment, no furloughed sentence

SB 439

Drug Trafficking; controlled substances or illegal drugs; no pardon, no

parole ................................................................. SB 438

Drug Trafficking Near Schools; counterfeit substances; felony ................. SB 676

Drug Trafficking; offense of trafficking in methamphetamine .................. SB 834

Drug Trafficking; penalty; recreation or residential zones

SB 592

Drug Trafficking; prohibit pardon or parole to persons convicted .............. SR 238

Drug Trafficking; using persons under age 17; felony penalty

SB 593

Refer to numerical index for page numbers

INDEX

3711

DRUGS AND DRUG ABUSE (Continued)

Drug Trafficking; vicinity of parks, playgrounds, recreation centers,

public housing projects; criminal penalties............................... HB 1779

Drug Use Risk Reduction Programs; operators, instructors, criminal

record checks; fees; corrections facilities .................................. HB 358

Drug Users; involuntary emergency treatment; evaluations .................. HB 1068

DUI Charges; restrict entry of plea of nolo contendere ....................... SB 640

DUI; license suspension; habitual violators; penalties; pleas ................... SB 274

DUI; drug use reduction program; restore license for completion .............. SB 489

DUI; persons convicted multiple times; punishment .......................... SB 273

Firearms License; ineligible applicant; patients; criminal violators .............. SB 45

Juveniles Committing Drug Trafficking; designated felony acts; prosecution;

restrictive custody; confinement; drug treatment ........................... HB 87

Marijuana; offense of trafficking; quantity involved; punishment............... HB 86

North Fulton, The Coalition for Drug-Free; commend ........................ SR 347

Penal Institutions; inmate random drug tests; GBI investigage abuse ......... HB 248

Pharmacies; issuance of drugs to emergency services providers ................ SB 284

Prescription Drugs; Medicaid patients; prior authorization required............ SB 234

Property Criminally Derived Illegal Activity; prohibit sell, exchange .......... HB 324

Street Gang Terrorism and Prevention Act, Georgia; enact ................... SB 735

Trafficking in Drugs; sentence imposed; limit parole actions................. HB 1607

Treatment; DHR proposed special facilities; notices of locating............... HB 573

Workers' Compensation; injuries due to intoxication denied

..... SB 629

DUGGER, RAMONA; sang National Anthem.............................. Page 292

DURABLE POWER OF ATTORNEY FOR HEALTH CARE ACT Durable Agency for Health Care; change name, statutory form .............. SB 606 Georgia Anatomical Gift Act; organ procurement; change provisions ......... HB 1929 Patients; coma or vegetative state; living wills; legal rights .................... SB 605 Patients in Coma or Vegetative State; authority withhold procedure ...... HB 968

E

EARLY COUNTY; Board of Commissioners; election districts; reapportion . . . HB 2090

EAST POINT, CITY OF

East Point Building Authority; composition and appointment ............... HB 1935

East Point Business and Industrial Development Authority; membership

HB 1936

East Point Parking Authority; composition and appointment................ HB 1934

East Point Parking Authority; composition and appointment. ............... HB 2126

EASTMAN, CITY OF; corporate limits; extend ............................ HB 2155

EATONTON, CITY OF; municipal elections; change ward lines ....... SB 690

ECHOLS COUNTY Board of Commissioners; change compensation ............................ HB 1699 County Clerk; compensation; repeal Act according to 1980 Census ........... HB 2000 Superior Court; provide for fifth judgeship .................................. SB 776

ECHOLS, SENATOR EARL; excused ................................... Page 2388

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3712

JOURNAL OF THE SENATE

ECONOMIC DEVELOPMENT

Airport Development; committee to study impact of additional airports

SR 197

Commission on Future Strategies; create legislative commission

.... SB 50

Community Impact Analysis; permits for operating water systems ............. SB 641

Development Authorities; board of directors; number of members

HB 666

Developmental Highway System; revise; delete Outer Perimeter ............... SB 652

Georgia Business Climate Joint Study Committee ... SR 384

Governor's Development Council; membership; technical support .............. SB 590

Housing and Finance Authority; powers; loan guarantees ..................... SB 513

Job Tax Credit; expand; certain businesses in less developed areas .......... HB 1399

Jobs Creation, Retention; rural economies; committee to study ................ SR 529

Regional Development Centers; boards; designee representation ............... SB 654

Regional Development Centers; nonprofit functions; expenses

SB 660

Regional Development Centers; transaction of business; report funds

received by contracting entities; restrict activities of affiliated persons

HB 1680

Rural Development State Advisory Committee; members; appointment

HB 1233

Rural Economic, Industrial Development in Depressed Areas; study of

SR 266

EDGE; SENATOR ARTHUR; Excused; to attend a funeral ............... Page 2117

EDGE, SENATOR ARTHUR; Excused; court appearance

Page 893

EDUCATION (Also See Colleges or Schools or Teachers or

Nonpublic)

AFDC Children; GIERA educational assistance, trust program

SB 8

AFDC Recipients; assistance in remedial education and literacy ............... SB 422

AFDC Recipients of Public Assistance; school attendance required .............. SB 7

Alternative Educational Programs Study Committee; creating ................. SR 189

Appropriations; school construction; review capital outlay funds ............... SR 466

Appropriations; state funds; mandatory percentage; amend Constitution........ SR 437

Appropriations; tax revenue; commission to study needs, changes

SR 443

At-Risk Children and Youth; services; goals; effectiveness measures

SB 104

At-Risk Children, Juvenile Offenders; special school districts.................. SB 833

At-Risk, Delinquent Children, YDC's; special school districts

HB 1549

Athletics; women's fastpitch softball; encourage competitions

SR 560

Atlanta Metropolitan College; urge rename King-Abernathy State College

SR 107

Blind Persons' Literacy Rights and Education Act; enact ..................... SB 650

Capital Outlay Funding; consolidation or reorganization plans; procedures;

qualifying projects; performance awards; defeated referenda

SB 488

Capital Outlay Funds; projects in schools less than base size ................ HB 1793

Child Care Before and After School; authorize certain programs............... SB 744

Child Support; orders; payments until child completes education ............ HB 1519

Child Support; postsecondary financial assistance to age 21; factors

SB 380

Childcare Programs Outside of Normal School Hours; requirements ......... HB 1356

Children's Code Study Committee; condense laws under single title

SR 273

Classroom Aides and Paraprofessionals; coursework requirements............ HB 1482

Communication Aides; scope of practice; registration

SB 463

Community Education and Development Act; repealed in Title 50

SB 588

Community Education Program; grants; capital outlay funds, approved

uses; financing facility construction ....................................... SB 587

County School Superintendents; change residency requirements ............. HB 1371

Day Care and Early Education; urge increased funding ....................... SR 573

Deaf Students; proficiency in sign language; foreign

language requirement ................................................. HB 1871

Demonstration Schools; alternative choice programs; requirements

SB 780

Demonstration Schools; policy suspension requests; prerequisites .............. SB 769

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INDEX

3713

EDUCATION (Continued)

Department of Technical and Adult; employees; retirement membership

SB 148

Drug Trafficking Near Schools; counterfeit substances; felony

SB 676

Educational Reinvestment Act for Aid to Families with Dependent

Children ............................................................... SB 198

Environmental Issues; curriculum for public school students ................ HB 1412

Geography Awareness Week; designate and commend ........................ SR 470

Georgia Insurance and Educational Reinvestment Act for Aid to Families

with Dependent Children, GIERA; enact .................................... SB 8

Georgia Lottery for Education Act; enact ................................. HB 1541

Georgia Military College; board of trustees; composition; terms

SB 461

Georgia School Boards Association; commend................................ SR 516

Georgia Student Finance Commission, Higher Education Assistance

Corporation, and Student Finance Authority; advertisement of programs HB 695

High School; foreign language credit; sign language proficiency

SB 757

High School General Programs; funding not authorized after certain date

SB 411

High School Students; postsecondary options; early enrollment credit

SB 417

Immunization of School Children; requirements for receipt of assistance

under Aid to Dependent Children Act .................................. HB 1312

Inmates Reading Below 5th Grade Level; required instruction................ HB 244

Labor Department; personnel; educational assistance program

HB 1658

Local Boards; alleged employment violations; complaints policy ............. HB 1812

Local Boards; authority; certain school child care programs ................... SB 744

Local Boards; childcare programs outside of normal school hours ............ HB 1356

Local Boards; cities within counties of more than 500,000 .................... SB 742

Local Boards; funds or trusts created by donor gifts, bequests ................ SB 721

Local Boards; funds or trusts created by donor gifts, bequests .............. HB 1490

Local Boards; grants for community schools; qualifications

SB 587

Local Boards; school district tax delinquent properties; sales by land

bank authorities; consent; proceeds ..................................... HB 1692

Local Boards; vacancies; when member qualifies other office

SB 741

Local Option Sales Tax; authority to levy for education ...................... SR 423

Local School Superintendents; qualifications; business management

HB 1489

Local School Systems; additional revenue sources; amend Constitution ......... SR 362

Local School Systems; audit report; public records inspection ................. SB 511

Local School Systems; authorize use special purpose county sales tax .......... SR 159

Local School Systems; calculation of state funds to be allotted ................ SB 141

Local School Systems; contracts; multiyear lease purchases ..................... SB 5

Local School Systems; contributions for employee retirement ................ HB 912

Local School Systems; defeated bond referenda cases; procedures

SB 488

Local School Systems; discretion in payroll deduction services ................ SB 591

Local School Systems; fair share funds; per capita income multiplier

SB 514

Local School Systems; fair share; limit amount required to spend ............. SB 537

Local School Systems; grants; environmental awareness programs

HB 1412

Local School Systems; pilot projects; students at risk and dropouts ........... HB 744

Local Schools; superintendents; per diem expenses; certification; trusts

created by gifts, grants, bequests ....................................... HB 1490

Mathematics and Science; endorse initiative for educational reform

SR 487

Media Center Equipment; funding of computer hardware, software

SB 571

Minorities, Women and Other Special Populations; access to.................. SR 522

Minority Educator Recruitment, Office of; creation........................... SB 433

Multiyear Lease, Purchase; rental payment; construction projects

SB 587

No Pass/No Participate Rule 160-5-1-.18; exempt certain students

SB 622

Noncertificated Public School Personnel; committee to study

SR 406

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3714

JOURNAL OF THE SENATE

EDUCATION (Continued)

Noncertificated School Personnel Study Committee; create .................... SR 54

Nonpublic Postsecondary; administration of degree and nondegree-granting

institutions; state commission powers ................................... HB 1997

Nonpublic Postsecondary Institutions Act; exemption; certain accredited

medical schools, proprietary colleges and institutes of paper science

HB 1693

Office of Commissioner; creation; amend Constitution ........................ SR 150

Postsecondary; admission, graduation requirements; modify for disabled

students ............................................................... SB 193

Postsecondary; high school students; early enrollment; grants; eligible

institutions; payment of certain AP tests .................................. SB 417

Postsecondary Institutions; annual report; graduate job placement

SB 835

Postsecondary; parents' obligation for financial child support ................. SB 360

Postsecondary; private institutions; application fees ......................... HB 318

Postsecondary; private institutions; student claims; tuition guaranty trust

fund; fees ........................................... HB 319

Postsecondary; service cancelable loans; gerontology, geriatrics degree.

HB 1150

Postsecondary Technical and Adult; committee to study funding .............. SR 431

Postsecondary; tuition equalization grants; approved schools ................ HB 1287

Postsecondary; tuition equalization grants at private colleges, universities;

redefine full-time student.............................................. HB 1823

Postsecondary Vocational Education Lab, Equipment, and Library

Research Needs Study Committee ........................................ SR 374

Postsecondary Vocational Education Laboratory, Equipment and Library

Research Needs Study Committee ......................................... SR 29

Preschool Children With Special Needs Fund; contributions of income

tax refunds........................................................... HB 1542

Prescribed Courses; sex education; pregnancy, AIDS prevention method

SB 330

Professional Association of Educators, Student Affiliates; commend ............ SR 502

Professional Standards Commission; powers; demonstration plans

SB 669

Professional Standards Commission; powers; teacher certification .............. SB 777

Professional Standards Commission; teacher certification; change

certain references; membership; expenses; executive director .............. HB 1482

Public School Employees; flexible benefits; group property, casualty

insurance .............................................................. SB 770

Public Schools; accreditation; evaluation procedures; exemption ............... SB 484

Public Schools; accreditation; evaluation procedures; exemption ............... SB' 506

Public Schools; enrollment eligibility; change date attained age................ SB 775

Public Schools; enrollment eligibility; social security number .................. SB 507

Public Schools; retirement applicants; benefit payments

HB 1230

Public Schools; teachers, employees; health insurance plan.................... SB 190

QBE; calculation; change local fair share, equalization grants

SB 537

QBE; calculation; local fair share; per capita income multiplier

SB 514

QBE; funding; calculation using student enrollment counts ................... SB 784

QBE; funding elementary, secondary schools; base size not factor

SB 538

QBE; funding; media center computer hardware, software; early elementary

grades; use of per capita income figures .................................. HB 999

QBE; funds allotted local systems; calculation; minimum annual increase....... SB 141

Quick Start Employment Training; qualifying existing industries

HB 1873

Remedial Instruction Programs; expand services certain grade levels

SB 32

School-based Health Care Clinics; authority to establish ...................... SB 477

School Buses; equipment; outside flashing strobe lights ..................... HB 1974

School Buses; failure to stop violation; homicide by vehicle ................... SB 646

School Buses; maximum speed on interstates; tire equipment

HB 245

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INDEX

3715

EDUCATION (Continued)

School Buses; tire tread requirements; maximum speeds ...................... SB 505

School Consolidations; filing petitions opposing plans; procedure .............. SB 155

School Finance Study Committee; create .................................... SR 173

School Property, Vehicles; weapons or explosives prohibited .................. SB 563

Sex Education; curriculum; abstinence to prevent pregnancy, disease

SB 330

Sex Education; curriculum content; appropriateness of materials ............ HB 1837

Smoking or Tobacco Use by Students Prohibited School Property or Bus . . . . . HB 275

Sparsity Systems; capital outlay funding; Bryan, Laurens Counties ............ SB 488

Sparsity Systems; smaller schools than norm; appropriate size

SB 538

Special 1% County Sales Tax; amend Constitution to authorize ................ SR 65

State School Superintendent; election by plurality of votes cast; amend

Constitution .......................... SR 169

State School Superintendent; Public Officials Conduct and Lobbyist

Disclosure Act; applicable. ............................................. HB 1125

State Superintendent; membership; Distance Learning and Telemedicine

Network Governing Board ............................................... SB 144

Strategic Planning, Office of; create; local and regional plans .................. SB 418

Student Tutors Often Prevent Dropout (STOP) Program ..................... SB 216

Students at Risk and Dropouts; alternative programs; pilot projects

HB 744

Students; at-risk, dropouts; study of alternative program needs

SR 189

Students; attendance in school system where parents employed ............... SB 533

Students; high school graduates warranty program; encourage ................. SR 399

Students; No Pass/No Participate Rule; exempt certain students

SB 622

Students; occupational training; implement apprenticeship program.......... HB 1931

Students; victims of crimes; duties of criminal agencies; reports ............. HB 1296

Teacher Preparation Programs; requirements; subject area course work ........ SB 233

Teachers; Alternative Teacher Certification Joint Study Committee............. SR 59

Teachers and Other Certified Personnel; alleged employment violations;

local complaint policy procedures ....................................... HB 1812

Teachers and Other Personnel; contributions, dues; pay deduction............. SB 591

Teachers; certification; coursework requirements; time period to comply...... HB 1482

Teachers; duty-free daily lunch period ..................................... HB 373

Teachers; early retirement; 30 years of service basis .......................... SB 108

Teachers; Georgia Teacher of the Year; increase in state salary

... SB 412

Teachers, Other Professionals; certification; courses required .................. SB 777

Teachers; pay-for-performance award; improved student achievement ....... SB 488

Teachers, Principals, Other Certificated Personnel; employment;

procedures; fingerprint and criminal records check.......................... SB 425

Teachers Retirement; alternative service allowance at 55 years of age

SB 249

Teachers Retirement; creditable service; certain graduate study ............... SB 121

Teachers Retirement; creditable service for pregnancy ....................... HB 216

Teachers Retirement; creditable service; private school teaching

SB 266

Teachers Retirement; creditable service; withdrawn contributions;

reestablishment........................................................ HB 346

Teachers Retirement; disability benefits; effective date ...................... HB 311

Teachers Retirement; eligibility; less than 30 years service ..................... SB 92

Teachers Retirement; membership; attendance officers....................... HB 353

Teachers Retirement; public school employees; employer contributions ........ HB 912

Teachers Retirement; retirees; death of spouse; new option ................. HB 1753

Teachers Retirement; transferees from Employees' Retirement ................ HB 37

Teachers Retirement; withdrawn contributions; reestablishment of credit

HB 1594

Technical and Adult; quick start employment training; existing industries HB 1873

Technical and Adult, State Board; reports; graduate placement data

SB 835

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3716

JOURNAL OF THE SENATE

EDUCATION (Continued)

Teenage Driver Education; instructor licenses; curriculum

SB 505

Telecommunications; distance learning network; establishment

SB 144

Textbooks and Library Books; lost or damaged by pupils; sanctions

HB 727

Trusts Created by Gifts, Grants, Bequests for Education Purposes

SB 721

Trusts Created by Gifts, Grants, Bequests for Education Purposes

HB 1490

University System; conversion to semester calendar; encouraging .............. SR 472

University System; lab, equipment, rehabilitation technology, funding

faculty chairs; committee to study ........................................ SR 421

University System; operation of Atlanta Area Technical School . . . .

SR 177

University System; provide new full-tuition scholarship program ............... SB 31

University System; provide new full-tuition scholarship program

SB 37

University System; records identifying applicants for employment ............. SB 604

University System; urge gerontology and geriatrics instruction

HR 648

Water Safety Programs; urge adoption by school systems ..................... SR 482

Women; Georgia Commission on Women to study needs

HB 654

Year-round School Concept; commend Gary D. Field......................... SR 402

Youth Apprenticeship Program; job training; high school students;

implement for all school systems by FY 1996

HB 1931

EDUCATION COMMITTEE; Report on Governor's Appointments ........ Page 1794

EFFINGHAM COUNTY Board of Commissioners; composition; six members; election; terms; vacancies; compensation ............................................... HB 1253 Board of Commissioners; election districts; reapportion ..................... HB 1382 Board of Commissioners; election districts; reapportion ..................... HB 1615 Board of Education; election districts; reapportion ......................... HB 1379 Development Authorities; joint boards; transfer of assets ................... HB 1733

ELBERT COUNTY; trout waters without seasons; certain stream deleted ...... SB 672

ELDERLY

Gerontology, Geriatrics Education; urge within University System

HR 648

Gerontology, Geriatrics Training; service cancelable student loans

HB 1150

Handicapped Persons; multifamily dwellings; accessible entrances

HB 1847

Health Insurance; persons over age 60; continued coverage rights

HB 1202

Home Delivered Meals, Transportation Services; special fund; voluntary

deductions from income tax refunds

HB 1542

Housing; discriminatory practices; damages; permissible limits ................ SB 615

Long-term Care Issues and Costs; commission to study ....'................... SR 373

Medicare Supplement Insurance; regulation of; marketing practices

SB 564

Nursing Facility Care; cost-effective use of state funds ....................... SR 465

Nursing Homes; facility cited for violation; alternative to closure .............. SB 211

Nursing Homes; facilities terminating Medicaid; duty to residents ............. SB 681

Offense of Murder Against Persons Over Age 65; punishment

SB 837

Personal Care Homes; licensing; applicant's fitness to operate ................. SB 561

Personal Care Homes; unlicensed; patient referral restrictions

SB 669

Public Housing for Senior Citizens Only; urge Congress permit

SR 429

Social Security Recipients; income limitation; urge Congress amend ........... SR 587

Theft by Extortion Against Elderly Persons; punishment

SB 526

ELECTED OFFICIALS (See Elections or Public Officers and Employees)

ELECTIONS (Also See Ethics in Government or Campaign Disclosure) Absentee Ballots; applications by facsimile transmission; delivery to hospital patients; ballots too late to be counted .......................... HB 1369

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INDEX

3717

ELECTIONS (Continued)

Absentee Ballots; oath of person rendering assistance in voting

HB 1644

Absentee Ballots; request to cancel when present in precinct................ HB 1372

Agriculture Commissoner; appointment by Governor; amend Constitution

HR 332

Bond Elections; legal advertisement; applicable DeKalb County ............... SB 808

Bond Elections; statement of intention; applicable Cobb County .............. SB 838

Campaign Committees; contributions; restrictions on use ..................... SB 781

Campaign Contribution Disclosure Reports; filing; unopposed candidates

HB 196

Campaign Contributions; acceptance during a legislative session prohibited HB 1565

Campaign Contributions; candidate for any public office; limitation

HB 521

Campaign Contributions; disclosure; applicant for rezoning action

SB 527

Campaign Contributions for General Assembly; maximum allowed

HB 1125

Campaign Contributions for Statewide Offices; maximum allowed

HB 1125

Campaign Contributions; limit disposition of unused funds

SB 483

Campaign Contributions; limitations; candidates for public office ................ SB 4

Campaign Contributions; limitations; candidates for public office ............... SB 18

Campaign Contributions; made or accepted; time period limitation ............ SB 481

Campaign Contributions; prohibitions; persons regulated by Agriculture

Department .......................................................... SB 458

Campaign Literature, Materials; regulation of; misleading endorsers

SB 22

Campaigns; limitations on expenditures; violations; penalty

SB 239

Candidate Qualifying; notices, filing, fees; contested elections

HB 1644

Candidates; disqualification; withdrawal procedures, ballots

HB 1372

Candidates for State Court Clerk; counties of 425, 000 or more; ballots;

name designated chief deputy .......................................... HB 2057

Candidates for State Office; testing for illegal drugs defined; qualified

laboratories; pauper's reimbursement

HB 601

Candidates; nomination by petition; procedures; form, content

SB 25

Candidates Receiving Plurality of Votes Cast; nomination or election

SB 306

Certain Public Officers; term limitations; amend Constitution

SR 357

Code Title 21; correct typographical errors ................................ HB 1189

Congressional Districts; reapportion; composition of 11 districts ............... SB 705

Congressional Districts; reapportion; composition of 11 districts

HB 1657

Contributions; political action committees; disclosure .......................... SB 20

Coroners; qualifications; age, training ........................................ SB 33

Counties; board of elections; jurisdiction; 1990 census bracket

SB 682

Counties; board of tax assessors; by local Act................................. SB 44

Counties of Less Than 11,725; repeal Board of Elections; Lee County

HB 532

County Board of Elections; repeal Act applicable 1980 Census

HB 1558

County Boards of Elections Based Upon Certain Population; repeal

HB 1881

County Police Force; authority to create; special election ................... HB 1236

County Referendum; moving offices from historic county courthouse

HB 1204

County Superintendent of Schools; change residency requirements........... HB 1371

Education, Office of Commissioner; replace State School

Superintendent; amend Constitution ...................................... SR 150

Electors; lists; birth date; oath of persons assisting elector .................. HB 1369

Ethics in Government Act of 1992, Georgia; new regulations .................. SB 597

Ethics in Government; registered agents; disclosure reports

SB 736

Ethics in Government; regulate activities of lobbyists ........................ SB 704

Financial Disclosure; acceptance of monetary honorariums .................... SB 480

General Assembly Members, Lt. Governor; term limitation ................... SR 350

General Assembly Members; term limitation; 12-years

SR 11

Governor; elect and serve one six-year term of office

SR 16

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3718

JOURNAL OF THE SENATE

ELECTIONS (Continued)

House of Representatives; change composition of certain districts as

reapportioned by 1992 HB 1340; Act No. 672.............................. SB 174

House of Representatives; 180 reapportioned election districts

HB 1337

House of Representatives; 180 reapportioned election districts............... HB 1340

Insurance Commissioner; appointment by Governor; amend Constitution

HR 332

Labor Commissioner; appointment by Governor; amend Constitution ......... HR 332

Legislative, Congressional Reapportionment; create Redistricting Service

Bureau through General Assembly........................................ SB 843

Local Constitutional Amendments, Act Repealing; voter approval. ............ HR 997

Municipal; absentee ballots; oath of person rendering assistance ............. HB 1644

Municipal; authority for a county to conduct; 1990 census bracket

SB 684

Municipal; cities in DeKalb County; lists of qualified electors ................. SB 796

Municipal; contested primaries, elections; grounds; procedures .............. HB 1374

Municipal; notice of intention of candidacy; filing............................ SB 578

Municipal; qualifying; notice of candidacy; filing; fees; contested elections HB 1644

Municipal; voter registration lists; 1990 population figures

SB 740

Municipalities; purging of electors list; notices; postage ....................... SB 754

Plurality Elections and Nominations; delete majority vote requirements ....... . SB 306

Plurality of Votes Cast; offices of Secretary of State, Attorney General, State

School Superintendent, Commissioners of Insurance, Agriculture, Labor

SR 169

Polling Places; access of handicapped persons; relatives of candidates

ineligible serve as poll officers .......................................... HB 1372

Polling Places; sales of alcoholic beverage on election days.................... SB 549

Polling Places; voting booths; electors accompanied by children ............. HB 1369

Presidential Preference Primary; date; first Tuesday in March ................ SB 470

Probate Court Judges; nonpartisan primaries and elections; procedures

.SB 62

Public Officials Conduct and Lobbyist Disclosure Act of 1992 ............... HB 1125

Public Service Commission; future members; appointment by Governor

HR 332

Reapportionment; legislative, congressional redistricting; procedures;

census geography; public information ..................................... SB 137

Reapportionment; legislative, congressional redistricting; procedures;

public hearings ......................................................... SB 135

Reapportionment; materials used in redistricting; public access ................ SB 136

Reapportionment; population criteria, specifications, boundaries; judicial

review ................................................................. SB 138

Reapportionment; standards for creation of districts

SB 843

Referendums on Taxation Questions; date of election; time period

HB 198

Referendums to Approve Indebtedness; county, municipal contracts

SB 6

Referendums to Approve Indebtedness; local school contracts ................... SB 5

Registrars, Deputies of Certain Cities; county deputy registrars

SB 832

Registrars, Deputy Registrars; appointment in certain cities

SB 802

Registrars of Counties; appointment; counties of 600,000 or more.............. SB 807

Senatorial Districts; reapportion ............................................ SB 566

Senatorial Districts; reapportion ............................................ SB 567

Special or Referendums Held 1992; change date; procedures

SB 470

State Employees; political activities.......................................... SB 23

State Lottery; continued existence; resubmit question to voters

SR 359

Superior Court Judges; appointment by Governor; repeal elections

SB 263

Superior Court Judges; comprehensive revision of election method...

SB 264

Superior Court Judges; Governor appoint for 4 year term; amend

Constitution ............................................................ SR 170

Superior Court Judges; single-member districts; terms; residency

SB 262

Superior Court Judges; term of office; adjust so all elected same time

SR 171

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INDEX

3719

ELECTIONS (Continued)

Taxation Questions; granting freeport exemption from ad valorem tax ....... HB 1286

Taxation Questions; time period to issue call for an election ................ HB 1243

Voter Registrar Offices; use of courthouses; counties between

88,000 - 90,000 ....................................................... HB 1816

Voter Registration; applicant criminal history record; release ................. HB 207

Voter Registration; issuance of new cards required by court order or

reapportionment; reimbursement to counties ............................ HB 1380

Voting Districts; reapportioned or changed; new registration cards

HB 1372

ELECTRIC UTILITIES Electric Power Plants; rights of way; environmental compliance High-voltage Safety Act; enact; utility lines protection centers Public Utilities; limit alien, foreign ownership of any voting stock ...

SB 657 HB 1663
HB 12

ELECTROLYSIS; hair removal; regulate practice; certification

SB 409

ELLARD, HONORABLE GLENN WILSON "JACK"; commend ........... SR 382

ELLAVILLE, CITY OF; new charter; incorporation; boundaries

HB 2135

EMANUEL COUNTY; board of education; vacancies; method of filling

HB 1659

EMERGENCY DISASTER MANAGEMENT

Emergency Responders; use of private vehicles in emergencies

SB 499

Emergency 911 Telephone System; local advisory board requirements

HB 1583

Georgia Emergency Management Agency; separate agency created

SB 595

Organizations; personnel; distinctive license plates

SB 737

Rescue Organizations; licensure requirements ................................ SB 626

EMERGENCY MEDICAL SERVICES

Ambulance Providers; EMSC territorial zones; approval of plans

SB 810

Ambulances, First Responders, Neonatal Service Providers; issuance of certain

drugs, controlled substances by pharmacies ................................ SB 284

Emergency Medical Technicians, EMT's; special license plates

SB 505

Emergency Responders; use of private vehicles in emergencies

SB 499

EMS Technicians, Paramedics; recertification standards ...................... SB 365

EMERGENCY TELEPHONE 911 SYSTEMS

Local Government Advisory Boards; require creation; composition

HB 1583

Telephones; public pay phone; free emergency calls .......................... SB 206

EMINENT DOMAIN

Condemnation Powers; property rehabilitation; urban redevelopment ........ HB 1102

Electric Power Plants; rights of way; environmental compliance

SB 657

Powers; Upper Savannah River Development Authority .................... HB 1767

EMPLOYEE HEALTH BENEFIT PLAN, STATE

Contracted Employees of Nonprofit mental Retardation Service Centers ....... SB 444

Definition; contracting providers; services; agreed upon fees ...

SB 190

General Assembly Members; contributions; share of costs ..................... SB 756

Group Property and Casualty Insurance; salary deduction for ................. SB 770

State Hospital Employees; retirees; exempt medical care costs

SB 465

EMPLOYEES' RETIREMENT SYSTEM Correctional Officers; service retirement allowance at age 55 Creditable Service; age 55 with 10 years; Department of Corrections Creditable Service; forfeited leave; conditions Creditable Service; Judicial Council of Georgia employees Creditable Service; legislative part-time service prior full-time employment

SB 187 SB 245 SB 340 SB 445 SB 447

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3720

JOURNAL OF THE SENATE

EMPLOYEES' RETIREMENT SYSTEM (Continued)

Creditable Service; out-of-state teaching service.............................. SB 109

Creditable Service; withdrawn contributions; reestablishment

HB 39

Disability Beneficiaries; restoration to service; income limits .................. HB 38

Formers Members Transferring to Teachers Retirement System

HB 37

Members Electing to Transfer Teachers Retirement System; definition

SB 148

Membership; additional judicial employees

HB 588

Membership; officers, employees of GeorgiaNet Authority

HB 203

New State Agencies; officers, employees; membership

HB 41

Nonmembers; participate new Georgia Defined Contribution Plan

HB 1596

Retirees; parttime service; benefits; earnable compensation

HB 309

Retirees; predeceased spouse; divorced members; benefit options

SB 166

Retirement Allowances; deceased spouse beneficiary; options

HB 394

EMPLOYMENT

Contracts; restrictive covenants; partial restraint of trade

SR 495

Discriminatory Practices Based on Use of Tobacco Products

SB 251

Discriminatory Practices; refusal to hire or penalize for lawful activities

during nonworking hours ................................................ SB 256

Employees; incomplete tax withholding certificates; status

HB 1739

Employer Sponsored Defensive Driver Courses; approval for insurance

premium reduction.................................................... HB 1899

Employers; former employee's job performance; disclosure

SB 620

Employers; income taxes; change return filing deadlines

HB 1306

Injured Employees; recovery of damages from person other than employer

SB 363

Job Tax Credits; certain businesses in less developed counties

HB 1399

Job Training; unemployed parents owing child support; requirement

HB 426

Labor Pools; businesses hiring temporary employees; regulations

HB 1912

Labor Practices; regulatory agency; Commission on Equal Opportunity

SB 614

Minorities; create office of minority educator recruitment

SB 433

Persons Employed Where Alcohol Dispensed; prohibited conduct

SB 589

Policies Affecting Wage-earnings of Women; commission to study.

Small Employer; health insurance benefit plans

SB 782

Teachers, Principals, Certificated Personnel; criminal records check

SB 425

Unemployment Compensation; employer sells or transfers business ............ SB 560

Workers' Compensation; insurance rates; restrict adverse factors

HB 1476

Workers' Compensation Laws; comprehensive revisions

HB 1679

Workers' Compensation Laws; extensive revision ............................. SB 629

Workers' Compensation Study Commission; establish ........................ SB 840

Workers' Compensation Trust Fund; provide for creation ..................... SR 475

Workers' Compensation; uninsured employees; provide trust fund

HR 863

EMPLOYMENT SECURITY LAW (Also See Labor and Industrial Relations)

Unemployment Benefits; overpayment; workers' compensation claims

SB 629

Unemployment Compensation; extended benefits; employing unit sells or

transfer business; aliens ................................................. SB 560

ENGINEERS AND LAND SURVEYORS

Counties; utility construction projects; acceptable materials

HB 1255

Counties; utility construction projects; acceptable materials

SB 119

Engineers Day in Georgia, February 11, 1992; recognize

SR 422

Land Surveyors; certification; qualifications; seal; separate branch offices

HB 143

State Board of Registration; repeal termination provisions .................... SB 535

Theft; conversion of payments for property improvements; evidence

SB 132

ENGLISH, BILL AND AMANDA OF BRUNSWICK; commend

SR 432

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INDEX

3721

ENGLISH LANGUAGE; jurors; disqualification; unable communicate ....... SB 504

ENGLISH, SENATOR BILL; explanation of vote on HB 1324 ............ Page 2973

ENOTAH JUDICIAL CIRCUIT; creation; composition; Towns, Union, Lumpkin and White Counties; offices of superior court judges and district attorney created ......................... ....................... HB 1288

ENTERTAINERS; professional; taxable nonresidents; income taxes .......... HB 1377

ENVIRONMENTAL PROTECTION (Also See Natural Resources

or Hazardous Materials)

Air Pollution; Clean Air Solutions Study Committee

SR 435

Air Quality Act; industrial pollutants; emissions control program

HB 1439

Air Quality; vehicle alternative fuel usage to achieve clean air................ HR 950

Air Quality; vehicle emission inspection equipment; federal rules

HR 930

Air Quality; vehicle emission inspection; federal EPA rules ................... SR 531

Biomedical Waste Disposal Facilities; permits; limits on issuing

HB 1169

Biomedical Waste Thermal Treatment Facilities; permit limitations

SB 268

Coastal Areas; sand-sharing systems; Shore Protection Act; enact

SB 725

Coastal Marshlands Protection; regulate activities, structures

HB 1389

Dam Construction; surface mining activities; reclaim impoundment

SB 523

Dam Safety Violations; administrative orders; file superior court

SB 522

Division; director; appointment and removal; salary

SB 102

Division; director; appointment subject to Governor approval

SB 40

Division; director; duties; river basins management plans

SB 637

Division; director; qualification; appointment; Governor's approval

SB 30

Electric Power Plants; easements, rights of way; requirements................. SB 657

Environmental Advisory Council; create; composition; duties .................. SB 102

Environmental Education Council; creation; powers, duties ................. HB 1412

Environmental Facilities Authority; loans; solid waste projects .............. HB 1391

Forest Resources; Georgia Prescribed Burning Act; enact ..................... SB 543

Georgia Council on Environmental Quality; urge creation to review

standards ............................................................. HR 101

Hazardous Site Response Act; effectuation of corrective action at sites;

surcharge fees to fund trust fund; inventory list ......................... HB 1394

Hazardous Waste; disposal, incinerator facilities; site criteria

SB 745

Laws; committee to study coordinated enforcement authority by

state and local governments.............................................. SR 511

Natural Resources Department; use of volunteer services ................... HB 1387

Recycled Products; committee to study government procurement .............. SR 530

Scrap Tire Management Program; implementation; corrective actions; tax

on sale of new tires ................................................... HB 1385

Sewage Management Systems; individual on-site treatment plants; approval

for use in state ....................................................... HB 1609

Solid Waste; disposal facilities; active CERCLIS sites; permit suspension

SB 242

Solid Waste Management; landfills; additional disposal restrictions ............ SB 240

Solid Waste Management; powers of Board of Natural Resources, director of

Environmental Protection Division to regulate

HB 1386

Solid Waste Recycling, Facilities; intergovernment contracts; loans ........... HR 732

Solid Waste; toxicity of heavy metals packaging; regulation

HB 124

Surface Mining; permits; bonds; mining land use plan; reclamation ............ SB 523

Toxics Use Reduction and Pollution Prevention Study Committee

SR 555

Vehicles Transporting Biomedical Products or Waste; nurses exempt

placarding requirements

HB 1570

Waste Management; toxic users; pollution prevention assistance ............... SB 645

Refer to numerical index for page numbers

3722

JOURNAL OF THE SENATE

ENVIRONMENTAL PROTECTION (Continued)

Wastewater; industrial treatment plants; certified operators ................. HB 1846

Water Pollutants; phosphorus discharge limitation; Chattahoochee River ....... SB 381

Water Pollution; ground-water quality; marine toilet restrictions

SB 618

Water Resources; establishment of a Clean Water Trust Fund ................ SR 497

Water Resources; river basin management plans; development of .............. SB 637

Water Resources; streams, rivers, tidewaters; unlawful structures

HB 1390

Water Systems; pollutants; permits for operating; economic impact

SB 641

Water Treatment Facilities; disposal of sludge; procedures

SB 752

Wetlands Conservation Study Committee; continuation ...................... HR 789

ESTATES (Also See Wills, Trusts, and Administration of Estates)

Administration; beneficiary entitled to express choice; trustee ............... HB 1520

Life Insurance; claims for policy proceeds; computing interest............... HB 1666

Unclaimed Property; procedural time periods; custody of state

HB 1397

Wills or Trust Instruments; incorporation of fiduciary powers

SB 670

ETHICS COMMITTEE, SENATE STANDING; members appointed

Page 15

ETHICS IN GOVERNMENT (Also See Elections)

Campaign Committees; contributions; restrictions on use

SB 781

Campaign Contribution Disclosure Reports; unopposed candidates

HB 196

Campaign Contributions; acceptance during a legislative session prohibited;

General Assembly members; officers elected state-wide

HB 1565

Campaign Contributions; disclosure; applicant for rezoning action

SB 527

Campaign Contributions; limitations; candidates for public office ................ SB 4

Campaign Contributions; limitations; candidates for public office ............... SB 18

Campaign Contributions; made or accepted; time period limitation ............ SB 481

Campaign Contributions; persons regulated by Agriculture Department

SB 458

Campaign Contributions; political actions committees; disclosure ............... SB 20

Campaign Contributions; unused funds exceeding $5,000; disposition

SB 483

Campaign Literature, Materials; regulation of; misleading endorsers

SB 22

Campaigns; limitations on expenditures; violations; penalty

SB 239

Candidates for Any Public Office; contributions; limitations

HB 521

Ethics Training; public officers, registered agents; requirements

HB 1648

Ethics Training; state, local public officers; amend Constitution .............. HR 859

General Assembly Members, Public Officers; honorariums prohibited

SB 480

Georgia Ethics in Government Act of 1992; new regulations................... SB 597

Lobbyists; registered agents; disclosure reports; content; filing ................. SB 736

Lobbyists; regulation, registration; IDs, expenditure reports ................... SB 704

Open Meetings, Records; disclosure; amend requirements ..................... SB 604

Public Officers; restrict employment of relatives; penalty ..................... SB 482

Public Officials Conduct and Lobbyist Disclosure Act of 1992

HB 1125

Regional Development Centers; persons affiliated, restrict activity

HB 1680

Senate and Staff; ethical standards of conduct

SR 371

State Transportation Board; members; removal from office

SB 656

EUHARLEE, CITY OF; mayor; term of office; four years................... HB 1628

EVANS COUNTY

Board of Commissioners; election districts; reapportion

HB 1457

Board of Education; election districts; reapportion ......................... HB 1456

EVANS, WILLIAM M., SR. OF DEKALB COUNTY; commend

SR 393

EVIDENCE Admissible; closed circuit TV testimony of child victims Admissible; closed circuit TV testimony of child victims

SB 29 SB 70

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INDEX

3723

EVIDENCE (Continued)

Admissible; drug identification by a GBI written scientific report............... SB 59

Confidential Communications of Certain Therapeutic Professionals .......... HB 1435

Rules of; new Title 24, extensive revision; discovery; applicable proceedings

SB 51

Sex Offenses; use of blood samples, DNA analysis; procedures ................ SB 594

Tort Actions; uninsured motorist carrier liability; claims paid ............... HB 1676

Victim, Witness Assistance Personnel; district attorneys' staff ............... HB 1450

Victims of a Criminal Offense; when to allow presence in court ............... SB 671

EXAMINING BOARDS, STATE (Also See Professions and Businesses)

Asbestos Licensing Board; powers as to training requirements

SB 760

Automobile Repair Shops; commission to study licensing

SR 351

Business Licenses Issued by Counties, Cities; evidence of state licensure

HB 1718

Composite State Board of Medical Examiners; membership;

physician's assistants .................................................... SB 469

Composite State Board of Medical Examiners; Physician's Assistants

Advisory Committee; expense allowance ................................... SB 468

Composite State Board of Medical Examiners; impaired physicians

program ............................................................... SB 159

Dental Hygienists Licensing Study Committee; create ........................ SR 277

Electrolysis, Practice of; regulation of; create advisory board .................. SB 409

Landscape Architects, Georgia Board of; extend to 1994 .................... HB 1350

Licensed Practical Nurses, Board of Examiners; composition; terms ........... SB 599

Professional Engineers and Professional Surveyors, State Board of

n; duties; certificates of registration...................................... HB 143

Real Estate Appraisers Board, Georgia; creation; powers, duties ............... SB 536

Real Estate Appraisers Board; powers, appraiser classifications ................ SB 613

Regulatory Agencies; performance review; termination provisions .............. SB 535

Speech-Language Pathology and Audiology, State Board; powers .............. SB 463

Speech-Language Pathology, Audiology; dispensing hearing aids .............' HB 1434

State Board of Barbers; extend to 1998; disciplinary actions ................ HB 1566

State Board of Cosmetology; extend to 1998; disciplinary fines, suspensions HB 1571

State Board of Examiners of Psychologists; extend to 1998 ................. HB 1572

State Board of Nursing Home Administrators; ex officio member;

extend to 1998. ....................................................... HB 1573

State Board of Physical Therapy; powers; duties; membership;

extend to 1998. ....................................................... HB 1574

State Construction Industry Licensing Board; create Division of Roofing

Contractors .......................................................... HB 1290

Taxidermy, State Board of Examiners; creation of ........................... SB 333

Therapeutic Recreation Examiners, State Board of; creation .................. SB 464

Used Motor Vehicle Parts Dealers, Dismantlers, Dismantlers and

Salvage Dealers; powers; duties......................................... HB 1914

EXPLOSIONS, FIRES OF SUSPICIOUS ORIGIN; investigative teams HB 1503

F

FACADE AND CONSERVATION EASEMENTS ACT OF 1976; repeal HB 1388 Refer to numerical index for page numbers

3724

JOURNAL OF THE SENATE

FACSIMILE TRANSMISSION DEVICES Authorize Electors to Make Applications for Absentee Ballots............... HB 1369 Pharmacy Prescription Orders; transmittal by facsimile....................... SB 619

FAIR BUSINESS PRACTICES (See Commerce and Trade or Selling)

FAIRBURN, CITY OF; city council; special franchise districts; fees ......... HB 1949

FAIRS, FESTIVALS Alcoholic Beverages; sales on Sundays; certain municipalities ................. SB 728 Alcoholic Beverages; sales on Sundays; cities of 300,000 or more ............... SB 746 Nonprofit Food Sales and Service; permits; requirements ..................... SB 460

FAMILY AND CHILDREN'S SERVICES, DFACS (See Human Resources)

FAMILY OR MEDICAL WORK LEAVE PERIOD; state employees entitlement....................................................... SB 831

FAMILY VIOLENCE (Also See Domestic Relations or Social Services)

Acts of Violence; arrests; probable cause; officer's duties ..................... HB 298

Domestic Violence, Commission on; create .................................. SR 286

Incident Investigations; determining primary aggressor; petitions ..... SB 572

Incident Reports to GBI; forms; law enforcement training

HB 1763

Offenses; definitions; acts between parents of same child ................... HB 1277

State Commission; judicial circuit Community Task Forces; create

SB 703

FARGO, CITY OF; new charter; incorporation, boundaries; powers

HB 1916

FARMS AND FARMERS (Also See Agriculture)

Agricultural Liming Materials; registration; licenses; fees ..................... SB 521

Agricultural Operations, Farm Products, Crops; definition .......

SB 520

Agricultural Product Dealers; bond requirements; definition................... SB 519

Agriculture Products; ownership transfers between producer, dealer ......... HB 1241

Equipment and Tractors; manufacturers, dealers, distributors;

business practices ....................................................... SR 486

Horses; equine activities; injury risks; liability; immunity; exceptions........... SB 287

Ostriches Farming, Commercial Production; urge feasibility study

HR 772

Sharecropping Agreements; secured transactions; production loans ........... HB 1420

FAYETTE COUNTY

Board of Commissioners; compensation; expense payments

SB 827

Board of Commissioners; voting district boundaries, precincts ................. SB 868

Fayette County Economic Development Authority Act; enact

HB 2050

FAYETTEVILLE, CITY OF; mayor, council; elections; time for holding . HB 1606

FEDERAL GOVERNMENT (Also See Congress, U.S.)

Auto Fuel; certain energy standards; urge Congress reject

SR 490

Bankruptcy Courts; applied laws, payback plans, fees; urge monitor ........... SR 426

Commercial Driver's License; federal deadline; urge extend date

HR 1170

Contracts With Nonpublic Postsecondary Education Commission ............ HB 1997

Fair Housing Act; urge public housing for senior citizens only................. SR 429

Fuel Tax Credits; urge extend, alternative domestic energy resource

SR 105

Internal Revenue Code; incorporate terms into Georgia tax laws............. HB 1299

Medicare; certain medical items paid by; exempt sales tax ................... HB 332

Petition for Constitutional Convention; proposing sanctions for certain

disrespectful acts involving the U.S. flag .................................. SR 151

Resource Conservation and Development Councils; contracts between

state agencies and nonprofit contractors

HB 1232

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INDEX

3725

FEDERAL GOVERNMENT (Continued)

Rural Health Care Initiative; opposing nonveteran use of certain medical facilities

....................................................................... SR 444

Urge Passage Federal Surface Transportation Reauthorization Act.............. SR 98

Vehicle Emission Inspection Equipment; urge adopt reasonable rules

HR 930

FHA/HERO DAY; youth service organizations; commend ..................... SR 370

FHA/HERO GEORGIA YOUTH SERVICE ORGANIZATIONS; commend ................................................................ SR 441

FIELD, GARY D.; commend year-round school concept....................... SR 402

FINANCIAL INSTITUTIONS (See Banking and Finance)

FINES AND FORFEITURES, JOINT STUDY COMMITTEE AND ADVISORY COUNCIL

HR 347

FIRE PROTECTION AND SAFETY

Arson; alleged; offense bailable only before superior court .................... SB 388

Arson; enact Georgia Street Gang Terrorism and Prevention Act .............. SB 735

Arson in First Degree; sentence imposed; limit parole actions

HB 1607

Building Codes; minimum standards; state and local; compliance

HB 1109

Emergency Rescue Organizations; licensure

SB 626

Emergency 911 Telephone System; local advisory board requirements

HB 1583

Explosive Devices; prohibited on school property or buses

SB 563

Fees; regulated entities of Safety Fire Commissioner; revisions .............. HB 1297

Fire Extinguishers; carriage on watercraft and not fully charged

SB 474

Fire Incidents, Burn Injuries; uniform reporting; fires, explosions of

suspicious origin, investigative teams.................................... HB 1503

Fire Sprinkler System Required in Nursing Homes; Medicaid providers

SB 182

Firelighters' Bill of Rights; allegations; interrogation sessions.................. SB 296

Firefighters' Recognition Day; recognize ..................................... SR 424

Firefighters; special motor vehicle license plates ............................ HB 613

Firefighters; uniform methods of training; committee to study................. SR 409

Firemen's Pension Fund; benefits; revocation of spouse options

HB 635

Firemen's Pension Fund; bill introduction requirements; repeal exemption . HB 1593

Firemen's Pension Fund; creditable prior eligible service..................... HB 634

Firemen's Pension Fund; insurance premium tax; exemption

HB 1796

Firemen's Pension Fund; membership; public safety administrators

HB 711

Flags or Bunting; material flammability standards ........................... SB 117

Forested Areas; fire manager programs; use of prescribed burning

SB 543

Georgia Fire Academy; new division of Department of Public Safety

SB 74

Manufactured Homes; installation, anchoring; standards code ................. SB 509

Manufactured Homes, Mobile Homes; dealers, installers; standards

HB 1039

Minimum Standards; state-wide application; enforcement; special hazards HB 1503

Property, Casualty Insurance Professionals; licensure ......................... SB 747

Self-service Gasoline, Diesel Fuel Pumps; spillage safety devices

SB 609

Sprinkler or Water Spray Systems; contractors; certificate of competency;

grounds for revocation, suspension...................................... HB 1642

Telephones; public pay phone; free emergency calls to firemen

SB 206

FIREARMS AND WEAPONS

Concealed Weapons Offenses; exempt certain state court personnel

HB 1120

Crossbows; use for hunting deer during archery season ....................... SB 427

Dealers, Importers, Manufacturers; provide state-wide regulation

SB 778

Discharging at Moving Train Causing Injury or Damage; penalty

SB 727

Explosives, Fireworks; licenses and permit fees ............................ HB 1297

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3726

JOURNAL OF THE SENATE

FIREARMS AND WEAPONS (Continued)

Explosives; manufacture and transportation; permit fees .................... HB 1503

Firearms, Ammunition, Components; preempt, prohibit local regulation

HB 375

Firearms Protection for Minors Act; offense of criminal storage .............. HB 277

Firearms; regulation of sales, unlawful purchases; study of .................... SR 299

Fishing with a Bow and Arrow; legal and illegal fishing. .................... HB 1324

Gun Safety Training for Children; urge adult education campaign ............. SR 576

Hunting; wildlife; legal weapons, firearms, archery equipment

HB 1322

Peace Officers; certified reserve officers; authority to carry ..................... SB 53

Pistols, Handguns; regulate sales; purchaser criminal history and

mental health record check .............................................. SB 150

Pistols, Revolver Sales; 7-day wait period; purchaser records check ............ SB 118

Pistols, Revolvers; licensure; applications; driver's license ID; ineligible

persons; criminal background check, mental health status.................... SB 45

School Building, Grounds, Vehicles; prohibit weapons or explosives

SB 563

Street Gang Terrorism and Prevention Act, Georgia; enact ................... SB 735

FIREMEN'S PENSION FUND

Benefits; spouse options; members who elect to revoke

HB 635

Creditable Service; prior eligible service; firemen, volunteers ................. HB 634

Membership; public safety administrators; service as a fireman

HB 711

Retirement Bills; exemption from certain requirements; repeal

HB 1593

FIRST AFRICAN BAPTIST CHURCH OF BRUNSWICK; congratulate SR 390

FISCAL YEAR OF STATE GOVERNMENT; change to April 1 beginning 1993; amend Constitution ........................................ HR 32

FISH; Aquaculture Development Act; hatcheries; food processing; sales

SB 630

FISHING (See Game and Fish)

FLAGS (Also See State Flag or State Symbols); Flags or Bunting Fabrics; material flammability standards .................... SB 117

FLAT SHOALS PTA DRUG COMMITTEE AND DRUG FREE DAY PARADE; commend.......................... SR 571

FLINT RIVER Committee to study construction of check dam .............................. SR 496 Water quality; develop river basin management plan ......................... SB 637

FIREMEN'S PENSION FUND

Accounting and Bookkeeping Procedures; adopt uniform system

SB 738

Ad Valorem; county taxes; homestead exemption; elderly

residents; referendum ................................................. HB 1704

Ad Valorem; school tax; homestead exemption; elderly persons;

referendum........................................................... HB 2076

Ad Valorem; school tax; homestead exemption; elderly residents;

referendum........................................................... HB 1705

Board of Commissioners; change terms to two years; referendum

HB 1862

Board of Commissioners; election districts; reapportion ..................... HB 1615

County Manager; future department heads; recommendations ............... HB 1876

Hospital Authority; members; selection by grand jury

HB 1831

Property Conveyance; telecommunication switching station;

easement; Southern Bell ................................................. SR 407

Rome-Floyd County Commission on Children and Youth; membership

HB 1928

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INDEX

3727

FOOD, DRUGS AND COSMETICS (Also See Drugs or Pharmacies)

Beverages; standards, labeling; water represented as "spring water" or

"natural spring water" ................................................ HB 1497

Food; catered functions; licensing of alcoholic beverage caterers; event permits;

employing persons under age 21; local license fees ......................... SB 319

Frozen Dessert Packagers Permitted as Food Service Establishment

HB 1194

Georgia Food Act; regulations; exclusion, nonprofit food sales ................. SB 460

Georgia Poultry Products Inspection Act; enact

SB 36

Pharmacy, State Board of; repeal termination provisions ..................... SB 535

Retail Grocery Stores; food product price labeling; requirements ............... SB 65

FORESTRY

Arbor Day and Earth Day; designate annual state observance ................. SB 816

Arbor Day Observance, 101st Anniversity; recognizing ........................ SR 416

Commission; duties; prescribed burning; certify fire managers ................. SB 543

Commission; surplus property; Baldwin County; sell by public bid

SR 365

Foresters, State Board of Registration; termination provisions ................. SB 535

Hauling Timber and Logs; vehicles regulated by PSC ........................ SB 812

Logging Services; workers' compensation insurance; rejected risks

SB 701

Paper Science and Technology Institute; exempt certain requirement ........ HB 1693

State Arboretum of Georgia; designate Thomson Mills Forest of UGA

HR 225

State Commission; fire-fighting facility, tower; Glynn County.................. SR 408

FORGERY AND COUNTERFEITING (Also See Crimes and Offenses)

Art; works of fine art; printers; right to duplicate

HB 1902

Felony Offenses Involving Forgery; trial upon accusation ................... HB 1136

Public Transit Bus, Rail, Terminal; payment for entry; violations

HB 1471

FORSYTH COUNTY

Ad Valorem; school taxes; homestead exemption; certain residents

HB 2063

Board of Commissioners; election districts; change composition

HB 1320

Board of Commissioners; purchase amount without necessity of bids......... HB 1321

Board of Education; election districts; qualifications; terms; compensation;

referendum........................................................... HB 1319

Cumming-Forsyth County Charter Commission; referendum approval ........ HB 2062

Superior Court; Blue Ridge Judicial Circuit; third judgeship .................. SB 364

FORT OGLETHORPE, CITY OF; designation; provide for city council.

HB 1466

FOSTER CARE Orders Placing Deprived Children; additional periodic case review ............. SB 303 Orders Placing Deprived Children; additional periodic case review ............. SB 315 Orders Placing Deprived Children; case review; additional period ............. HB 519

FOSTER, SENATOR JOHN; excused; business ........................... Page 153

FOUR-H CLUB STUDENT WINNERS; introduced ...................... Page 616

FOWLER, U.S. SENATOR WYCHE; introduced, remarks ................ Page 1411

FOXES

Conditions for Trapping and Holding Live Foxes; licenses .................. HB 1322

Conditions for Trapping and Holding Live Foxes; licenses

HB 1668

FRANKLIN COUNTY; ad valorem; homestead exemption; elderly residents; referendum ................................................... HB 1581

FRANKLIN SPRINGS, CITY OF; reincorporate; grant new charter

SB 824

FRASER, DR. WHIT; commend .................. SR 492

Refer to numerical index for page numbers

3728

JOURNAL OF THE SENATE

FREEPORT TAX Ad Valorem Tax; exemption; qualifying procedures; clarify ................. HB 1286 Elections Exempting Certain Property, Date of; time period ................. HB 198

FRONTIER RESTAURANT; recognize .................................... SR 585

FULTON COUNTY

Ad Valorem; additional boards of equalization; assessment services

HB 1114

Ad Valorem; homestead exemption; increase to $10,000 by 1996;

referendum........................................................... HB 1553

Ad Valorem; homestead exemption upon increased tax digest

HB 1654

Ad Valorem; millage rates; determination; certification .................... .SB 124

Ad Valorem Tax; Property Tax Recall Act of 1991........................... SB 453

Alcoholic Beverages; sales on Sundays at public festivals

SB 728

Atlanta-Fulton County; joint board of tax assessors; abolishment

HB 1537

Atlanta Judicial Circuit; assistant district attorneys; salary

HB 1398

Atlanta Municipal Court; additional fines; fund city jails

SB 694

Board of Commissioners; chairman, members; compensation .................. SB 250

Board of Commissioners; chairman; terms of office ........................... SB 226

Board of Commissioners; compensation ..................................... SB 814

Board of Commissioners; election districts; reapportion

SB 853

Board of Commissioners; landfill site selection; actions restricted .............. SB 270

Board of Education; election districts; reapportion; terms

HB 1740

Board of Education; property; contract of conveyance; reversionary interest SB 204

Board of Ethics; subpoena powers; enforcement.............................. SB 397

Board of Health; authority; injury prevention programs .................... HB 1817

Boards of Education; authority to operate schools............................ SB 742

Campus Police Officers; applicable counties; population figures ................ SB 749

Charitable Grants, Contributions; conditions; advisory board ................... SB 86

City of North Fulton County; incorporation, boundaries, powers............... SB 452

City of South Fulton County; incorporation, boundaries, powers ............... SB 451

Cochran Mill Park for Olympic Equestrian Events; endorse

SR 307

Condemnation Cases; pay costs to assessors fixed by court

HB 2044

Contracts; public letting and bids; advertisement of bids

SB 556

Contracts; purchasing procedure; resolution, ordinance; bids

HB 826

County Officers, Employees; pension rights; change population ................ SB 789

County Police, Firemen; retirees; pensions; population bracket ................ SB 792

County Police Retirement; pension funds; population bracket ................. SB 797

County Probation Employees; members local retirement system ............... SB 795

Defense of Indigents Act; applicable population bracket ...................... SB 809

Elections; county registrars; appointment by governing authority .............. SB 807

Housing Authorities; voting members; resident commissioners ................. SB 585

Indigent Defense; combine, unify services under a commission

SB 696

Judges; criminal, civil, juvenile, probate; salaries ............................. SB 806

Judicial Sales Held Location Other Than Courthouse; sheriff ................. SB 800

Justice of the Peace Emeritus; applicable population bracket ................. SB 805

Legal Defense of Indigent Persons; bail bond fees to supplement .............. SB 227

Magistrate Court; two additional magistrates ................................ SB 548

Municipalities Within; sellers, merchants fees; different property assessments SB 793

North Fulton, The Coalition for Drug-Free; commend ........................ SR 347

Office of County Manager Not Authorized; population bracket

SB 743

Office of County Treasurer; repeal Act abolishing

SB 739

Officers of Court or County; funds held for third party; deposits .............. SB 799

Probate Court; county administrators as county guardians

SB 753

Project Financing Community Improvement Districts Act; enact

SB 435

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INDEX

3729

FULTON COUNTY (Continued)

Public Safety Radio Services; joint use requirement inapplicable ........... . . . SB 801

Recreation Authority; members; ineligible persons............................ SB 658

Residential Development Vicinity of Any Lake Requires Preclearance

HB 1364

Sales of Copper Wiring Prohibited Without Certain Clearance ................ SB 237

School District Taxes; homestead exemption of $25,000.; referendum ...

HB 1820

School Taxes; homestead exemption for full value; residents 70 years or over;

referendum........................................................... HB 1411

Sheriff; deposits; interest-bearing accounts; update population

HB 2054

State Court; clerk, marshal; revise costs, service fees charged ............... HB 1712

Superior Court; clerks; fees; domestic civil cases ............................. SB 317

Superior Court; clerks; fees; 1990 population classification

SB 318

Superior Court Clerks' Retirement Fund; payments from fines, bonds;

inapplicable Fulton County .............................................. SB 798

Superior Court; clerks; revise fees for services; disposition .................... SB 316

Superior Court; judges; appointment of jury clerk

SB 794

Tax Collector, Commissioner; collecting intangible recording taxes;

compensation......................................................... HB 2043

Tax Collector, Commissioner; duties; remittance of City of Atlanta

school taxes ......................................................... HB 1777

Volunteer Legal Service Agencies; state, magistrate court fees

SB 627

Wolf Creek Skeet, Trap Club and Cochran Mill Park; endorse

Olympic event site ...................................................... SR 217

Zoning Proposal Review Procedures; applicable cities within ................ HB 2045

FUNERALS AND FUNERAL ESTABLISHMENTS

Construction on Property Dedicated for Cemetery Use ....................... SB 236

Dead Bodies or Body Parts; unlawful incineration or cremation

HB 1203

Directors, Embalmers; qualifications; apprenticeship registration; duty of

directors; crematories; deceased license holders ........................... HB 576

Permits for disposition, disinterment, reinterment; procedures

HB 1534

State Board of Funeral Service; termination provisions ....................... SB 535

FUTURE HOMEMAKERS OF AMERICA; commend

Page 569

G

GAINESVILLE, CITY OF; annex state property into corporate limits........ HR 645

GAMBLING

Cockfighting, Offense of; felony penalty; definition ........................... SB 219

Compulsive Gambling Disorders; treatment; state lottery funds

HB 1541

Cruise Vessels on Coastal Waters; permit gambling, gambling devices ............ SB 2

Gambling on Cruise Vessels; authorize; amend Constitution .................... SR 17

Lottery; amend Constitution to allow a State Lottery .......................... SR 7

Lottery Materials, Equipment; manufactured for use outside state

SB 475

State Lottery; continued existence; resubmit question to voters

SR 359

GAME AND FISH (Also See Natural Resources or Hunting)

Aquaculture Development Act; domestic fish; sellers, producers

SB 630

Fishing; fresh water catch-out ponds privately owned; licenses .............. HB 1947

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3730

JOURNAL OF THE SENATE

GAME AND FISH (Continued)

Fishing; public areas, certain streams, reservoirs; possession limits; use of bows

and arrows; exotic fish permits. ........................................ HB 1324

Fishing; salt-water finfish species; possession, landing specifications; certain

transfers at sea unlawful .............................................. HB 1660

Fishing; Sapelo Island Channel; designate K. T. Kennedy Reef .............. HR 500

Fishing; trout waters without seasons; additions, deletions .................... SB 672

Foxes; trapping season; conditions for holding live foxes

HB 1668

Hunting Around Feeding Sites; committee to study deer baiting .............. SR 525

Hunting; bears; unlawful use of bear bait; violations; penalties

HB 1548

Hunting; deer; archery season; use of crossbows.............................. SB 427

Hunting, Fishing Areas; timber sales from state owned land to fund ........... SB 271

Hunting, Fishing Licensed Bonded Agents; self-insurance; survey labels

HB 708

Hunting, Fishing, Trapping; license fee increases, changes .................. HB 1392

Hunting on Lands of Another Without Permission; charges; dismissal

SB 573

Hunting, Trapping of Wildlife; seasons and bag limits; legal weapons;

trap IDs; permits, licenses; requirements ................................ HB 1322

Hunting; violations; certain vessels, vehicles; public roads; hunting deer

at night; punishment ..........................................

HB 1548

Hunting; wildlife traps; ID number or owner's name tags ..................... SB 755

Taxidermists; licensing requirements; create state examining board ............ SB 333

Wildlife Management Areas; deer hunting; tagging of carcasses.............. HB 1322

Wildlife Restoration, Management; license fees to fund ..................... HB 1392

GARBAGE (See Waste Management or Landfills)

GARDEN CITY, CITY OF Corporate Limits; annex additional land Recorder's Court; fines; jurisdiction

HB 2161 HB 2162

GARNER, SENATOR WAYNE Excused; emergency at home ............................................. Page 127 Excused; father's illness ................................................ Page 1930 Excused; out of state business ........................................... Page 153 Excused; to attend father's funeral ...................................... Page 2117

GASOLINE AND PETROLEUM PRODUCTS

Auto Fuel; certain energy standards; urge Congress reject

SR 490

Fees; regulated entities of Safety Fire Commissioner; revisions

HB 1297

Fuel Tax Credits; urge extend federal credit for alternate fuels

SR 105

Fuel Vehicle Usage; committee to study alternatives, air quality

HR 950

Gas Utilities; limit alien, foreign ownership of any voting stock ............... HB 12

Gasoline Marketing; motor fuel pricing issues; committee to study

SR 161

Liquefied Petroleum Gas; applicable governing standards ................... HB 1308

Products Containing Alcohol; labeling of pump dispensers

SB 140

Retail Sale of Natural Gas for Use as Motor Vehicle Fuel .................. HB 1633

Self-service Stations; fuel pump nozzles; spillage safety device................. SB 609

GASTON, REAR ADMIRAL MACK; designate parkway for; Whitfield County ............................. .......................... HR 874

GENERAL ASSEMBLY Acts Repealing Local Constitutional Amendments; clarify HR 16, 1991........ HR 997 Adjournment; February 7 to February 10 .................................. HR 830 Adjournment; February 14 to February 17 .................................. SR 476 Adjournment; February 21 to February 24 ........'......................... HR 929 Adjournment; February 28 to March 2 ..................................... HR 992 Adjournment; January 17 to February 3 ................................... HR 642

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INDEX

3731

GENERAL ASSEMBLY (Continued)

Adjournment; March 6 to March 11 ...................................... HR 1018

Adjournment; March 12 to March 17 ..................................... HR 1038

Adjournment; March 20 to March 23 ..................................... HR 1106

Adjournment; March 25 to March 30 ..................................... HR 1182

Adjournment; March 31, 1992; 40th Legislative Day; sine die midnight.

Attorneys Serving on Staff; grounds for continuance of a trial

SB 310

Bill Introduction; legislative, congressional reapportionment

SB 843

Children and Youth Legislative Overview Committee; creation ................ SB 105

Compensation Resolutions; introduction in Senate; change process

SB 16

Fiscal Program Reviews of Each State Agency; requirements

SB 642

Former Members; issuance of personal identification cards

SB 220

Georgia Laws, Senate and House Journals; sale prices; receipts

SB 791

Georgia Lottery Corporation Legislative Oversight Committee; creation

HB 1541

Georgia Register Act; enact; publication of certain actions

SB 379

Government Service; Georgia Ethics in Government Act of 1992 .............. SB 597

House of Representatives; change composition of certain districts as

reapportioned by 1992 HB 1340; Act No. 672.............................. SB 174

House of Representatives; 180 reapportioned election districts............... HB 1337

House of Representatives; 180 reapportioned election districts

HB 1340

Joint Legislative Commission on Future Strategies; creation ................... SB 50

Joint Legislative Overview Committee on State Government; create ............ SR 24

Joint Session; budget message from Governor; January 16

HR 640

Joint Session; invite Supreme Court Justices and Appellate Judges ........... HR 639

Joint Session; message from Chief Justice Supreme Court; January 17 ........ HR 641

Joint Session; message from Robert Edward Turner III...................... HR 814

Joint Session; message from Supreme Court Justice Harold Clarke........... Page 160

Joint Session; state of state message from Governor; January 14 ............. HR 638

Legislative District Boundaries; create Redistricting Service Bureau

SB 843

Legislative Fiscal Oversight Committee; powers, duties, authority

SB 410

Legislative Redistricting; composition; procedures; public hearings on plans SB 135

Legislative Redistricting; plans, materials; public access

SB 136

Legislative Redistricting; plans; requirements; public access

SB 137

Legislative Redistricting; population criteria, specifications,

boundaries; judicial review ............................................... SB 138

Legislative Redistricting; procedures; plans; public hearings, records access;

population criteria; census data; judicial review ............................ SB 139

Legislative Retirement; retirees returning to state service

HB 310

Legislative Review of Regulatory Licensing Agencies; procedures

SB 535

Lobbyists; define; registration; fees; state agency lobbyists

SB 704

Lobbyists; register agents of state departments, agencies, boards ............... SB 55

Local Bills Annexing Territory to a Municipality; procedures

HB 113

Members; acceptance of campaign contributions during legislative

session prohibited ..................................................... HB 1565

Members; air travel; reimbursement limitations ............................ HB 1311

Members and Lt. Governor; term limitations; amend Constitution ............. SR 350

Members and Lt. Governor; term limitations; amend Constitution ............. SR 357

Members; ethics training requirements; failure to attend

HB 1648

Members; health insurance coverage; contributions to cover cost

SB 756

Members; honorariums in excess of $50.; acceptance prohibited

SB 480

Members; salaries; when furlough days required other employees

SB 510

Members; term limitations; 12-years; amend Constitution ...................... SR 11

Notices to Members Where Proposed DHR Special Facilities Located

HB 573

Notify Governor; General Assembly convened

SR 360

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3732

JOURNAL OF THE SENATE

GENERAL ASSEMBLY (Continued)

Part-time Service Legislative Branch; retirement service credit ................ SB 447

Population Bills; redefine; when original application applies

SB 738

Public Officials Conduct and Lobbyist Disclosure Act of 1992

HB 1125

Retirement Bills; introduction requirements; repeal exemption for

Firemen's Pension Fund ............................................... HB 1593

Revenue Bills; introduction in either house of General Assembly ............... SR 13

Senate Rules; amend ..................................................... SR 389

Senate; Adopt Rules for 1992 Session ....................................... SR 345

Senate and Staff; ethical standards of conduct............................... SR 371

Senate Convened; Notify House, January 13, 1992 ........................... SR 346

Senate; Fiscal Affairs Subcommittee; selection of members..................... SB 49

Senate; officials, employees, committees ..................................... SR 361

Senatorial Districts; reapportion; change composition

SB 566

Senatorial Districts; reapportion; change composition

SB 567

State Budget; revenue bills; approval by two-thirds of members

SR 509

Supplementary Appropriation Acts Prohibited; amend Constitution

SR 356

GEOGRAPHY AWARENESS WEEK; designate and commend

SR 470

GEOLOGISTS, STATE BOARD OF REGISTRATION; termination provisions ..................................................... SB 535

GEORGE, WALTER P.; create commission to select appropriate tribute to HR 881

GEORGIA AIRPORT DEVELOPMENT AUTHORITY; committee to study ............................................................ SR 197

GEORGIA AIRPORT DEVELOPMENT AUTHORITY LAW; provide; corporate purposes ........................................................ SB 544

GEORGIA AIRPORT DEVELOPMENT LAW; enact

SB 244

GEORGIA BANKERS ASSOCIATION; commend

SR 580

GEORGIA BUILDING AUTHORITY (See Building Authority, Georgia)

GEORGIA BUREAU OF INVESTIGATION, GBI

Administration by new Department of Public Safety .......................... SB 74

Colquitt County; regional crime lab; thoroughfare road easement .............. SR 418

Department; create as division of Department of Public Safety .....

SB 500

DNA Data Bank; forensic profile record; dissemination; procedure ............. SB 594

Duties; family violence crimes; compile reports; design forms................ HB 1763

Penal Institutions; evidence of drug abuse; investigation; findings

HB 248

Powers; investigation of local law enforcement officers, agencies ................ SB 38

Property Conveyance; state crime lab; City of Moultrie annexation

HR 1017

Reports; admissible evidence; drug test results; exception ...................... SB 59

GEORGIA CODE (See Code of Georgia)

GEORGIA COMMISSION ON WOMEN; creation

HB 654

GEORGIA DISTANCE LEARNING AND TELEMEDICINE ACT; enact ................................................................ SB 144

GEORGIA DIXIE MAJORS ALL-STAR BASEBALL TEAM; commend ................................................................ SR 501

GEORGIA ECONOMIC DEVELOPERS ASSOCIATION; commend

SR 538

GEORGIA ENVIRONMENTAL FACILITIES AUTHORITY; earnings on funds; authorize loans for solid waste projects .......................... HB 1391

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INDEX

3733

GEORGIA INDIGENT DEFENSE COUNCIL; interest on lawyer-client trust accounts .......................................................... HB 1097

GEORGIA INITIATIVE FOR MATHEMATICS AND SCIENCE; endorse ................................................................. SR 487

GEORGIA INSTITUTE OF TECHNOLOGY

Head Football Coach Bill Lewis; welcome ................................... SR 491

Paper Science and Technology Institute; exempt certain requirement

HB 1693

GEORGIA INSURANCE AND EDUCATIONAL REINVESTMENT ACT;

Aid to Families with Dependent Children, GIERA; enact

SB 8

GEORGIA LOTTERY FOR EDUCATION ACT; enactment

HB 1541

GEORGIA MILITARY COLLEGE; Board of Trustees; composition; terms . ... SB 461

GEORGIA MILITARY FORCES REORGANIZATION ACT OF 1955; change emergency management provisions ................................... SB 595

GEORGIA MOTOR VEHICLE EMISSION INSPECTION AND MAINTENANCE ACT; recodify and amend......................... SB 485

GEORGIA MUNICIPAL EMPLOYEES BENEFIT SYSTEM; membership; employees of certain local authorities ......................... HB 1229

GEORGIA PEACH FESTIVAL; commend

SR 473

GEORGIA PRESCRIBED BURNING ACT; enact

SB 543

GEORGIA QUALITY MONTH FOR BUSINESS, INDUSTRY, EDUCATION; designate ................................................. SR 383

GEORGIA RECREATION AND PARKS ASSOCIATION; commend

SR 405

GEORGIA REGISTER; publication of information available by state agencies ........................................................... SB 379

GEORGIA SCHOOL BOARDS ASSOCIATION; commend

SR 516

GEORGIA STUDENT FINANCE AUTHORITY

Duties; self-insurers of GIERA program; AFDC children education

SB 8

Promote and Advertise Programs and Functions ............................ HB 695

GEORGIA THERAPEUTIC RECREATION LICENSING ACT; enact

SB 464

GEORGIA UNIFORM CONSERVATION EASEMENT ACT; enact

HB 1388

GEORGIA YOUTH CHORALE; commend

SR 561

GEORGIA 4-H CLUBS; Official State Art Festival; Georgia Folk Festival HB 1361

GEORGIA 4-H NATIONAL WINNERS; recognize

SR 449

GEORGIANET AUTHORITY

Officers, Employees; retirement membership in ERS

HB 203

Publication of the Georgia Register

........................ SB 379

GILMER COUNTY; designate; Ben Jess Logan, Sr., Memorial Bridge

SR 366

GLYNN COUNTY

Alcoholic Beverages; sales on Sundays; referendum approval ................ HB 1451

Board of Commissioners; election districts; reapportion

SB 854

Board of Education; compensation; expenses; audits

HB 2178

Board of Education; election districts, reapportion; school superintendent,

election, terms ......................................................... SB 855

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3734

JOURNAL OF THE SENATE

GLYNN COUNTY (Continued)

Board of Education; members, school superintendent; elections; terms;

compensation ......................................................... HB 1980

Colonel's Island; change name to Vandiver Island honoring former

Governor S. Ernest Vandiver............................................. SR 248

Property Conveyance; easement to William A. Benson for marina

HR 788

Property Conveyance; fire-fighting forestry services facility

SR 408

Superior Court; Brunswick Circuit; fifth judgeship

SB 314

GOEL, ANUPAM, 4-H NATIONAL CHAMPION; commend

SR 461

GOFF, RAY; UGA Football team Coach; introduced, remarks.

Page 432

GOMOLKA, DR. ALFRED; introduced, remarks

Page 1313

GORDON COUNTY

Board of Commissioners; abolished; provide for Office of Commissioner;

referendum........................................................... HB 1735

Property Conveyance to William A. Davis; repeal 1988 Res. Act............... SR 375

Property Conveyance; W&A RR right-of-way; sell to William A. Davis

HR 841

GOVERNMENT PROCUREMENT; Recycled Products, Market Development, and Process Technology Study Committee

SR 530

GOVERNOR

Appoint Chairman, Professional Standards Commission

SB 777

Appoint Members to Rural Development State Advisory Committee

HB 1233

Appointment of an Environmental Advisory Council ......................... SB 102

Appointment of Members of Public Service Commission, Commissioners of

Agriculture, Insurance and Labor

HR 332

Appointment of Superior Court Judges for Four Year Term

SR 170

Certain Actions of Pardon and Paroles Board; approval required .............. SR 352

Executive Branch; elected officials name on brochures, pamphlets

SB 686

Executive Branch; employees uncompensated furlough days................... SB 510

Executive Branch; officials name, pictures on promotional materials, signs HB 1647

Executive Fellows Program; establishment

SB 426

Executive Orders or Proclamations; publication; Georgia Register Act

SB 379

General Assembly; budget message; January 16 ............................. HR 640

General Assembly Convened; notify......................................... SR 360

General Assembly; state of state message; January 14

HR 638

Governor's Commission on Long-term Care; creation ......................... SR 373

Governor's Development Council; membership; powers; duties ................. SB 590

Judicial Nominating Commission; provide; recommend candidates

SB 295

Professional Standards Commission; selection of chairman .................. HB 1482

Superior Court Judges; appointment of judges; nomination procedures

SB 263

Term of Office; limit to one 6-year term; amend Constitution .................. SR 16

Zell Miller; appointments to boards and commissions.

Pages 872, 1794

Zell Miller; Budget Address.............................................. Page 130

Zell Miller; Remarks to the Senate ...................................... Page 3415

Zell Miller; State of the State Address .................................... Page 100

Zell Miller; veto 1992 session; appropriations line-item. .................... Page 1531

Zell Miller; Vetoes 1991 Session; see 1991 Special Session Journal

GRAND JURIES (Also See Juries or Courts) Additional Panels; impaneling procedures; service time period Amend Constitution; special trial districts in judicial circuits Defendents Tried Upon Accusations; criminal procedure

SB 85 SR 70 HB 1136

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INDEX

3735

GRAND JURIES (Continued) Persons Disqualified Serve; unable communicate English language

SB 504

GRANDPARENTS; visitation rights; factors in best interest of child .......... SB 759

GRANT, CAROLYN, 1991 GOAL AWARD; commend ..................... SR 430

GRANTS

Education; remedial programs using student tutors........................... SB 216

Environmental Education Council; grants to local schools................... HB 1412

Georgia Student Finance Authority; new tuition scholarship program ........... SB 31

Georgia Student Finance Authority; new tuition scholarship program ........... SB 37

Georgia Student Finance Authority; promotion and advertisement

HB 695

Solid Waste Trust Fund; grants to cities, counties, authorities, agencies

HB 1385

State Grants to Hospital Authorities for Public Health Purposes ............. HB 424

Student Loans; service cancelable; gerontology, geriatric degrees ............. HB 1150

Trusts Created by Local Boards of Education; donor gifts .................... SB 721

Trusts Created by Local Boards of Education; donor gifts .................. HB 1490

Tuition Equalization Grants; private colleges, universities; redefine

student .............................................................. HB 1823

Tuition Equalization Grants; redefine "approved school" ................... HB 1287

GREEN INDUSTRY ASSOCIATION; commend

SR 376

GREEN, JAMES; Coach of Johnson High Basketball Team, introduced .... Page 2906

GREENE COUNTY Board of Commissioner; chairman; compensation ............................ SB 859 Board of Commissioners; election districts; reapportion ..................... HB 1615 Tax Commissioner; compensation; salary in lieu of fees....................... SB 860

GREENVILLE HIGH SCHOOL BASKETBALL TEAM; commend

SR 570

GRIFFETH, JAMIE, 4-H NATIONAL CHAMPION; commend

SR 447

GRIFFIN, CITY OF Griffin-Spalding County Board of Education; election districts; reapportion. . HB 2112 Griffin-Spalding County Development Authority; membership ............... HB 2140

GRIFFIN, DIXIE, 4-H NATIONAL CHAMPION; commend

SR 455

GRIFFIN JUDICIAL CIRCUIT; Superior Court; fourth judgeship; Fayette, Pike, Spalding, Upson Counties .................................... SB 334

GROUND WATER (See Waters, Ports and Watercraft)

GUARDIAN AND WARD Incapacitated Adults; evaluations; compensation to physician or psychologist .......................................................... HB 1175 Probate Courts; county administrators as county guardians ................... SB 753

GUTHRIE, GARY; LaGrange High School Football Coach; remarks. ......... Page 262

GWINNETT COUNTY

Ad Valorem Taxes; delinquent payment penalties ............................ SB 633

Board of Commissioners; authority to employ county historian

HB 926

Board of Commissioners; election districts; reapportion ..................... HB 2049

Board of Commissioners; road projects; audits and studies .................... SB 849

Board of Education; election districts; reapportion ........................... SB 762

Governing Authority; reorganization; elect chairman county wide; 7-member

commissioner districts; powers; duties ..................................... SB 413

Gwinnett County Recreation Authority; millage rate; determination; taxable

value certification; resolutions ........................................... HB 664

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3736

JOURNAL OF THE SENATE

GWINNETT COUNTY (Continued)

Millage Rate Resolutions Ordinances; procedures; definitions; certification

of taxable values ....................................................... HB 663

Sheriffs; duties; persons charged county ordinance violation ................... SB 804

Superior Court; sixth judgeship; Gwinnett Judicial Circuit

HB 534

H

HABERSHAM COUNTY Board of Education; election districts; reapportion ........................... SB 862 Chief Magistrate; probate court judge to serve; term; constables ............... SB 852 Mountain Judicial Circuit; superior court; jurisdiction ...................... HB 1288 Urge Designation; Stribling Memorial Bridge over Soque River............... HR 722

HABITUAL OFFENDERS

Driver's License; suspension; 2nd conviction; reinstatement period

SB 277

Driver's Licenses; probationary; reinstatement conditions

HB 245

DUI; driver's license suspension; reinstatement condition; penalty ............. SB 274

DUI; eliminate plea of nolo contendere in drunk driving cases ................ SB 478

DUI; multiple convictions; license suspension period; fines .................... SB 665

DUI; offense of habitual impaired driving; felony penalty ..................... SB 487

DUI; persons convicted multiple times; punishment .......................... SB 273

DUI; third conviction within 5 years; license suspension period

SB 489

Probationary Licenses; DUI offense; punishment; reinstatement ............... SB 505

Probationary Licenses; revocation for certain violation charges ................ SB 636

Speed Limit Violations; excessive speeds; double points assessed

SB 157

Traffic Violators; redefine; multiple arrests within certain period .............. SB 276

HACKNEY, JOHN MARVIN "PETE"; commend .......................... SR 610

HALEY, ALEX; tribute to ................................................. SR 544

HALL COUNTY Board of Commissioners; election districts; change composition.............. HB 1351 Board of Commissioners; election procedures; vacancies .................... HB 2058 Board of Commissoners; change expense allowances ........................ HB 1353 Board of Education; election districts; reapportion ......................... HB 1352 Civil Service System; covered employees; appeals of decisions ............... HB 1094 Hall County Water and Sewerage Authority Act; enact ..................... HB 2056 Northeastern Judicial Circuit; superior court; jurisdiction ................... HB 1288 State Court; associate part-time judge ...................................... SB 726

HALL, LYNWOOD; Georgia Artist of the Year; commend .................... SR 401

HALL, WALLACE; commend .............................................. SR 404

HAMMILL, SENATOR JOE Excused; illness ......................................................... Page 296 Excused; pressing business .............................................. Page 1333

HANCOCK COUNTY

Board of Commissioners; compensation; cost of living increases

HB 951

Board of Commissioners; election districts; reapportion ...................... SB 841

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INDEX

3737

HANDICAPPED PERSONS

Access to Multifamily Dwellings; building entrance standards ............... HB 1847

Access to Private Residences Constructed After 1-1-93; standards ............. SB 547

Blind Persons' Literacy Rights and Education Act; enact ..................... SB 650

Board of Human Resources; physically handicap person as member

HB 1162

Center for the Visually Impaired 30th Anniversary; recognize ................. SR 467

Children With Special Needs or Disabled; voluntary funding mechanism . . HB 1542

Deaf Students; foreign language credit; American sign language

HB 1871

Education; postsecondary institutions; admission, graduation requirements;

modify for disabled students ............................................. SB 193

Election Polling Places; voting; access to handicapped persons .............. HB 1372

Fair Housing; discriminatory practices; damages; enforcement

SB 615

Juvenile Proceedings; disposition of delinquent, unruly child ................ HB 1549

Mental Health, Retardation, Substance Abuse; study of services

SB 811

Mental Illness; treatment; definition; gravely disabled persons................. SB 532

Mobility Impaired Persons and Their service dogs; right to equal

accommodations ....................................................... HB 835

Parking Access; temporarily handicapped persons; pregnant women

SB 643

Parking; designated places; disabled person must occupy vehicle

SB 688

Public Housing for Senior Citizens Only; urge Congress permit

SR 429

Rehabilitation Technical Education Funding; committee to study.............. SR 421

Technology Related Assistance for Individuals with Disabilities Act; enact;

establish state commission, trust fund for loans............................ SB 269

Technology Related Assistance Trust Fund for Individuals with Disabilities;

amend Constitution to create ............................................ SR 146

Use of Crossbows to Hunt Deer During Archery Season; permits ............ HB 1322

HANNA, AARON, 4-H NATIONAL CHAMPION; commend

SR 459

HARALSON COUNTY Board of Education; election districts; reapportion ......................... HB 1696 Chamber of Commerce; commend .......................................... SR 605 Superior Court; additional judgeship; appointment, election, term ........... HB 1943

HARRIS COUNTY Board of Education; purchases; repeal certain bid requirement .............. HB 1864 Coroner; increase monthly salary in addition to expense allowance .......... HB 1128

HARRIS, MARSHA TAYLOR; commend

SR 598

HARRIS, SENATOR BILLY Excused; personal business ............................................. Page 3238 Excused; to attend a funeral ............................................ Page 2117

HART COUNTY Ad Valorem Taxes; homestead exemption; residents 65 or over .............. HB 1983 Water and Sewer Utility Authority Act; enact ............................. HB 2141

HARTWELL, CITY OF; new charter ..................................... HB 1774

HAUGHT, MARCIA LYNN, 4-H NATIONAL CHAMPION; commend

SR 463

HAWKINSVILLE, CITY OF; Property Conveyance; water/sewer line easement to Pulaski Womens Correctional Institution ....................... HR 966

HAZARDOUS MATERIALS

Asbestos; persons employed by contractors; training required ................. SB 760

Biomedical Waste Thermal Treatment Facilities; permit limitations ........... SB 268

Bulk Storage Facilities; plans, specifications; fire safety approval

HB 1503

Gasoline, Diesel Fuel; pump nozzles; use of safety devices

SB 609

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3738

JOURNAL OF THE SENATE

HAZARDOUS MATERIALS (Continued)

Georgia Council on Environmental Quality; urge creation .................... HR 101

Hazardous Materials Liability Reserve Fund; abolish ....................... HB 1933

Hazardous Site Response Act; enact ...................................... HB 1394

Hazardous Waste; disposal, incinerator facilities; site criteria

..... SB 745

Hazardous Waste Management Activities; comprehensive revisions; surcharge

fees; trust fund; effectuation of corrective action at sites .................. HB 1394

Industrial Air Pollutants; emissions; environmental compliance .............. HB 1439

Labor Pools; work assignment involving exposure; inform workers ........... HB 1912

Landfill Disposal Restrictions; household hazardous waste .................... SB 240

Lead-based Paints; committee to study lead poisoning prevention ............. SR 224

Oil Spills; ships, boats used to clean up; exempt ad valorem tax............... SB 734

Public Employee Hazardous Chemical Protection and Right to Know Act;

editorial changes; training; fees, charges ................................. HB 2029

Solid Waste; toxicity of heavy metals packaging; regulation .................. HB 124

Toxic Users; reduction, pollution prevention assistance; fees .................. SB 645

Toxics Use Reduction and Pollution Prevention Study Committee............. SR 555

HEALTH (Also See Mental Health or Health Care Facilities or

Human Resources)

Agencies; locating new special treatment facilities; requirements .............. HB 573

AIDS Transmitting Crime Committed by Delinquent Child ................. HB 1549

Autopsies; consent requirements; exception .................................... SB 3

Biomedical Waste Disposal Facilities; permits; site selection ................ HB 1169

Birth Certificates; adoptees or legitimation; registration. ...................... SB 601

Black Males; commission to study higher death rate, health problems ..... SR 12

Board of Human Resources; change composition ........................... HB 1162

Boxing and Wrestling, State Commission; creation ............................ HB 9

Certificate of Need; abolition of the Health Planning Agency ................. SB 125

Certificate of Need; applicants; uncompensated perinatal services.............. SB 680

Certificate of Need; committee to study process for approval.................. SR 219

Certificate of Need; medicaid termination; good cause; penalty ................ SB 680

Certificate of Need; state agency decisions; multiple petitions ................. SB 586

Children's Code Study Committee; condense laws under single title ....... SR 273

Children's Hospital Week; Association, Care of Children; commend ............ SR 608

Clinical Laboratories; chiropractor requests; specimen exams

... HB 328

Clinical Laboratory Services; regulate billing, excess charges .................. SB 462

Congress; urge enact national health care plan .............................. HR 711

Contact Lenses; prescribing practitioners; licenses; restrictions ................ SB 598

County Boards; injury prevention programs; certain counties

..... HB 1817

County Boards; membership; school superintendents; certain county ...

HB 2027

County Boards; powers; septic tanks or individual sewage management

systems; conform state-wide standards .................................. HB 1609

County Boards; rabies control; inoculation of felines ......................... SB 602

Dead Bodies or Body Parts; unlawful incineration or cremation ............. HB 1203

Dead Bodies or Human Remains; disturbance or damage prohibited

HB 457

Death Certificates; filing; disposition permits; time period .................. HB 1534

Death Certificates; medical certification within 48 hours ...................... SB 354

Death Investigation Act; redefine terms; duties of coroners..................... SB 33

Death Investigations; autopsies; dissection; suspicious deaths .................. SB 322

Death Investigations; discovery of human remains; procedures ............... HB 457

Dental Hygienists Licensing Study Committee; create ........................ SR 277

Disabled Individuals; technology assistance; trust fund created; amend

Constitution ....................................... SR 146

Durable Agency With Respect to Health Care; statutory form.

SB 606

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INDEX

3739

HEALTH (Continued)

Electrolysis, Practice of; regulate; provide for certification .................... SB 409

Emergency Responders; use of private vehicles in emergencies ................ SB 499

Emergency Services Providers; issuance of certain drugs, controlled substances

by pharmacies; procedures ............................................... SB 284

EMS Ambulance Providers; territorial zones; approval of plans................ SB 810

EMS Technicians, Paramedics; recertification standards ...................... SB 365

Family or Medical Work Leave; entitlements of state employees .............. SB 831

Gerontology, Geriatrics Education; urge within University System ............ HR 648

Gerontology, Geriatrics Training; service cancelable student loans ........... HB 1150

Hospital Authorities; area of operation; expand other city, county ............. SB 294

Hospital Authorities; contracts; construction, purchasing methods ............. SB 562

Hospital Financing Authority Act; participating providers .................... SB 731

Hospitals; health equipment and facilities financing; bonds ................... SB 600

Hospitals; liens for patient charges; claims; filing; time period ................. SB 170

Immunizations of Preschool Age Children; requirements to receive

assistance under Aid to Dependent Children Act......................... HB 1312

Indigent Medical Care; moneys from trust fund to expand services

..... HR 840

Indigent Prenatal Care; income tax adjustment for certain physicians .......... SB 356

Infectious Diseases or HIV infected; transferred inmates; disclosure to

receiving correctional institutions ......................................... SB 128

Insurance; accident and sickness policies; notice of nonrenewal ................ SB 393

Insurance; agents, subagents, counselors, adjusters ; licensure .... SB 747

Insurance; benefits; waiting period for pre-existing conditions ................. SB 722

Insurance; child support orders; payroll deduction for premiums ....

HB 1276

Insurance; claim forms; uniform requirements ............................... SB 846

Insurance; claims; uniform forms; payments to providers ..................... SB 677

Insurance; coverage for musculoskeletal disorders or deformities ............. HB 1854

Insurance; coverage of mammograms, Pap smears, prostate tests ............. HB 538

Insurance; deceptive practices by health care services as inducement to

attract patients ....................................................... HB 1347

Insurance; group plans; continuation of coverage rights ..................... HB 1202

Insurance; group; spousal coverage; employee contribution .................. HB 1532

Insurance; maternity benefits; infertilility; in vitro fertilization ................ SB 259

Insurance; medicare supplement advertisements; approval; fees .............. HB 1297

Insurance; medicare supplement; regulation; minimum standards .............. SB 564

Insurance; model basic plan; coverage; minimum visits per year ............... SB 603

Insurance; public school teachers, employees; contract provider fees ........... SB 190

Insurance; small employers; availability of basic, standard plans ............. HB 1775

Insurance; small employers; promote availability ............................. SB 782

Insurance; spousal coverage; employee contributions .......................... SB 786

Insurance; state employees; definition; contracting providers .................. SB 190

Insurance; state plans; general assembly members; contribution ............... SB 756

Insurance; Unfair Claims Settlement Practices Act......................... HB 1346

Insurers; filing new premium rates, loss ratio results ....................... HB 1646

Insurers; preferred provider arrangements; coinsurance percentages;

routine physical exams .................................................. SB 292

Insurers; registration, licensure; revise requirements ........................ HB 1989

Lead Poisoning Prevention Study Committee................................ SR 224

Living Wills; patient in coma or vegetative state; form; effect ................. SB 605

Living Wills; patients in a coma or vegetative state; revise form

HB 968

Long-term Care Issues and Costs; commission to study ....................... SR 373

Long-Term Care; patient records; review by ombudsman program .............. SB 87

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3740

JOURNAL OF THE SENATE

HEALTH (Continued)

Medical Equipment or Devices Paid by Medicaid or Medicare Funds; sales

tax exemption ......................................................... HB 332

Mental; court hearings; costs, fees, expenses; out-of-county patients; exams

of incapacitated adults ................................................. HB 213

Mental Illness; inpatient treatment; gravely disabled persons

SB 532

Mental Illness, Retardation, Substance Abuse Services; study of............... SB 811

Mental; involuntary emergency evaluation; filing court petition .............. HB 1068

Mental; patients; liability for cost of care in state hospitals ................... SB 790

Mental; patients rights to suitable treatment; psychologists scope of practice;

discharge procedures ................................................... HB 408

Mentally Retarded Person; petitions for services; filing reports .............. HB 1828

Midwifery; committee to study certification program ......................... SR 253

Midwifery; practice without certificate of authority; penalty................... SB 194

Nursing Facilities; terminating Medicaid agreement; resident placement........ SB 681

Nursing Homes; facilities cited for violations; alternative to closure ............ SB 211

Nursing, Personal Care Homes; regulations; granting of variances.............. SB 693

Obstetric, Neonatal Services; indigent care; certificate of need................. SB 680

Obstetrics Study Committee; creating

.......... SR 20

Organ Procurement; anatomical gifts; change provisions .................... HB 1929

Patients; candidates for nonresuscitation; procedures ......................... SB 815

Personal Care Homes; licensing; applicant's fitness to operate ................. SB 561

Personal Care Homes; unlicensed; patient referral restrictions ................. SB 669

Pregnant Women; indigent care; counties' liability; regulations ................ SB 716

Pregnant Women; medical need for access to handicapped parking

... SB 643

Preventative Health Screening Clinics; limitation on liability................. HB 681

Prostate Cancer; test for early detection; urge doctors perform ................ SR 524

Public Health; committee to study creating separate state agency ............. SR 543

Public; state grants to hospital authorities ................................. HB 424

Rabies Control; inoculation of felines; procedures; certificates ................. SB 602

Rural Hospital and Health Care Study Committee ........................... SR 590

School-based Health Care Clinics; authority to establish ...................... SB 477

Sex Education in Public Schools; teaching prevention of pregnancy,

sexually transmitted diseases........................................... HB 1837

Sex Education; prescribed courses to prevent pregnancy, disease .............. SB 330

Sickle Cell Anemia Study Committee ................ SR 223

Smoking and Nonsmoking Areas; regulate use, nonuse in public places......... SB 251

State Planning Agency; abolish; change certificate of need provisions

..... SB 125

Surrogate Parentage; void and unenforceable contracts ......................... SB 1

Teenage Pregnancy Prevention Task Force; creation ......................... SR 526

Telemedicine; establishment of a statewide network .......................... SB 144

Therapeutic Recreation, Practice of; licensure ............................... SB 464

Vital Records; birth certificates; require social security number.............. HB 1401

Vital Records; death certificates; signature of certain nurses .................. SB 693

Vital Records; new birth certificates; adoptees or legitimation ................. SB 601

Women; Georgia Commission on Women to study needs..................... HB 654

HEALTH CARE FACILITIES, HOSPITALS (Also See Health or Nursing

Homes or Certificate of Need or Medical Practice)

Biomedical Waste; disposal in thermal treatment facility; permits

SB 268

Certificate of Need; abolition of the Health Planning Agency ................. SB 125

Certificate of Need; committee to study process for approval.................. SR 219

Certificate of Need; multiple petitions for judicial review ..................... SB 586

Clinical Laboratories; requests by chiropractors ............................. HB 328

Clinical Laboratory Services; regulate billing, excess charges

SB 462

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INDEX

3741

HEALTH CARE FACILITIES, HOSPITALS (Continued)

Dead Bodies or Body Parts; unlawful incineration or cremation ............. HB 1203

Drug Testing Laboratories; qualification provisions .......................... HB 601

Durable Medical Equipment Paid by Medicare, Medicaid; exempt sales tax . . HB 332

Emergency Medical Vehicles; issuance of certain drugs, controlled substances

by pharmacies; procedures ............................................... SB 284

Hospices; patients; pronouncement of death; authority of nurses .............. SB 693

Hospital Authorities; area of operation; expand other city, county ............. SB 294

Hospital Authorities; contracts; purchasing methods; bids ..................... SB 562

Hospital Authorities; state grants for public health purposes ................. HB 424

Hospital Financing Authority Act; participating providers .................... SB 731

Hospitals; allowable charges under workers' compensation benefits............. SB 687

Hospitals; facilities financed Housing and Finance Authority .................. SB 600

Hospitals; liens for patient charges; claims; filing; time period ................. SB 170

Hospitals; notify medical examiner person admitted unconscious state ......... SB 322

Indigent Health Care; pregnant women; requirements ........................ SB 716

Inducement to Attract Patients; deceptive practice; advertising waive

insurance deductible .................................................. HB 1347

Licensees; DHR actions against; public reprimands; reduced fines ........... HB 1661

Long-Term Care; patient's medical records; disclosure; conditions .............. SB 87

Medicaid; terminating services which facility agreed to provide................ SB 680

Medicaid; termination by a nursing facility; resident placement ............... SB 681

Mental Health; involuntary emergency treatment; evaluations ............... HB 1068

Mental Health State Hospitals; patient cost of care; liability .................. SB 790

Mental Illness, Retardation, Substance Abuse Services; study of............... SB 811

Nurses; licensed practical nurses; scope of practice; sanctions

..... SB 599

Nursing Facility Care; study method of Medicaid reimbursement.............. SR 465

Nursing Home Administrator; member of Board of Human Resources .... HB 1162

Nursing Homes; required equipment; fire sprinkler system .................... SB 182

Obstetrics Study Committee; creating ........................................ SR 20

Organ Procurement Agencies; revise Anatomical Gift Act ................... HB 1929

Paternity; determination; written statement of parents ....................... SB 565

Patients in a Coma or Vegetative State; living will; revise form .............. HB 968

Patients in Coma or Vegetative State; living wills; witnesses .................. SB 605

Patients; orders not to resuscitate; consent; revocation........................ SB 815

Personal Care Homes; deceptive advertising of services provided ............ HB 1640

Personal Care Homes; licensing; consult state ombudsman program............ SB 561

Personal Care Homes; unlicensed; patient referral restrictions ................. SB 669

Personal Care Homes; waiver, variance, exemption; public input. .............. SB 693

Podiatrists; activities constituting practice of podiatry ...................... HB 1580

Sexual Assault Against Persons Under Psychotherapeutic Care .............. HB 1523

Sickle Cell Anemia Study Committee ....................................... SR 223

Surgery or Invasive Procedures; licensed persons............................. SB 159

Telemedicine; establishment of a statewide network .......................... SB 144

Torts; limit liability for uncompensated medical care, health screening ........ HB 681

HEARD COUNTY Ad Valorem; county, school tax; homestead exemption; certain residents . HB 2101 Board of Education; election districts; reapportion ......................... HB 1427

HEARING IMPAIRED American Sign Language; high school foreign language credit ................. SB 757 Deaf Students; proficiency in sign language for foreign language requirements ......................................................... HB 1871 Education; postsecondary institutions; substitute requirements ................ SB 193

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3742

JOURNAL OF THE SENATE

HEARING IMPAIRED (Continued) Hearing Aid Dealers, Dispensers; change licensing requirements ............. HB 1434 Hearing Aid Dealers, Dispensers State Board; termination provisions .......... SB 535

HENRY COUNTY

Board of Commissioners; election districts; reapportion

HB 1355

Board of Education; election districts; reapportion ......................... HB 1354

Henry County School System; commend

... SR 446

Superior Court; provide third judgeship; salary supplement

HB 2094

HENSON, SENATOR STEVE; excused; personal business ................ Page 1930

HEPZIBAH, CITY OF; Consolidation with Cities of Blythe, Augusta and Richmond County .................. HB 1838

HIGH-VOLTAGE SAFETY ACT; enact

HB 1663

HIGHER EDUCATION COMMITTEE; Report on Governor's appointments. ......................................................... Page 1795

HIGHWAYS, BRIDGES AND FERRIES (Also See Transportation)

Bicycle Riders; adjacent bicycle roadway paths; require ride on ............. HB 1447

Bus Shelters; permits; requirements; restrict for public transit ................ SB 616

Contracts; bids; disadvantaged business enterprises; procedures ................ SB 14

Designate; Admiral Mack Gaston Parkway; Whitfield County

HR 874

Designate; Albert D. Clifton Memorial Highway; Candler County............. HR 926

Designate; Ben Jess Logan, Sr., Memorial Bridge; Gilmer County ............. SR 366

Designate; Clarence R. Vaughn, Jr., Highway; Rockdale County .............. HR 914

Designate; Coleman's Bridge across Ohoopee River, Tattnall County ......... HR 1029

Designate; Colonel Tom Parrott Parkway; Whitfield County ................. HR 875

Designate; Corridor Z developmental highway from Columbus to Brunswick

as South Georgia Parkway .............. SR 180

Designate; Edward C. Moses Highway; State Hwy 56, City of Uvalda

HR 946

Designate; Genevie Dickey Bridge over Conasauga River, between

Whitfleld and Murray County........................................... HR 652

Designate; Harry Leon Simpson Parkway; S. R. 52 from Dalton .............. HR 978

Designate; Historic U.S. 19, Ga. 60 Business Route; Dahlonega ................ SR 358

Designate; J. C. "Jake" Woods Avenue within City of Trion ................ HR 1008

Designate; James L. Clarkson Memorial Highway; Walker County ............. SR 410

Designate; J.E. "Ted" McTyre Parkway through City of Dallas .............. HR 713

Designate; Martin Dooley Parkway; S. R. 61, Eton, Murray County. .......... HR 976

Designate; Reinhardt College Parkway; State Hwy. 140, Canton .............. HR 790

Designate; rename Walnut Branch Bridge as Grady Mallard Bridge .......... HR 845

Designate; Riley C. Thurmond Bridge over Tallulah Gorge .................. HR 839

Designate; Robert B. Nett Medal of Honor Highway; Muscogee County

SR 485

Designate; Samuel Frank Morast, Jr., Highway; Muscogee County ............ HR 653

Designate; Scooterville Highway; Ga. Hwy 256, Worth County .............. HR 1010

Designate; Stribling Memorial Bridge; urging Habersham County............. HR 722

Designate; Veterans Memorial Parkway, portion U.S. Hwy 441,

Commerce Bypass; Jackson County ...................................... HR 933

Developmental Highway System; revise; delete Outer Perimeter ............... SB 652

Highway Construction; notices; High-Voltage Line Safety Act ............... HB 1663

Highways; use of radar speed detection devices on hills

SB 550

Interstate Highways; enforcement powers of municipal officers

SB 218

Mobile Homes, Manufactured Houses; excess dimensions; permits ............. SB 611

Mobile Homes, Manufactured Housing; 16 feet wide; single-trip permits

HB 1459

Motor Carrier Road Tax; redefine vehicles transporting property

HB 1307

Motor Carriers; registration withheld; penalties or fees owed DOT............. SB 699

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INDEX

3743

HIGHWAYS, BRIDGES AND FERRIES (Continued)

Motor Fuel Taxes; use of revenue; amend Constitution ....................... SR 348

Office of Highway Safety; license plates, decals; specifications ................. SB 508

Outdoor Advertising Along State Highways; prohibited trimming .............. SB 152

Permits and Enforcement; establish new regulatory PSD Division ............. SB 500

Property; acquisition for public road purposes; wetlands mitigation ........... HB 674

Railroads; grade crossing elimination; division of costs........................ SB 286

Roads, Streets, Bridges; special purpose 1% county sales tax. ................ HB 598

Roadway Lighting Projects; urge technologies to minimize glare

SR 540

Rural Roads; speed limit violations; points assessment. ....................... SB 157

State Transportation Board; members; removal from office.................... SB 656

Streets, Roads; unincorporated areas; insurance premium taxes................ SB 372

Toll Road Collection Facility; locating near residential property ............... SB 400

Tollway Projects; contracts with private entities; procedures ................ HB 1429

Trucks; common or contract carriers; revise license fees .................... HB 1145

Trucks; haulers of clay, kaolin, hazardous materials; PSC regulate ............. SB 432

Trucks; household goods carriers; invalid certificates; fines .................. HB 1539

Urge Passage Federal Surface Transportation Reauthorization Act.............. SR 98

Vehicle Load Limitations; violations; failure to pay assessment

SB 698

Vehicle Loads; excess weight; schedule of fines .............................. SB 540

Vehicle Weight, Height, Length Limitations; permit laws; return point of origin;

oversized loads; auto carriers ........................................... HB 1904

Vehicles; load limitation enforcement; disbursing revenues collected ......... HB 1396

Vehicles Transporting Biomedical Products or Waste; placarding requirements;

exempt certain nurses ................................................. HB 1570

Vehicles Transporting Loads; offense of failure to secure ................... HB 1487

HILL, SENATOR JACK; excused; to attend funeral...................... Page 2117

HISTORIC SITES AND PRESERVATION Burial Grounds, Objects; custodians; duty to protect ........................ HB 457 Enact; Georgia Uniform Conservation Easement Act ....................... HB 1388 Historic Areas; qualifying preferential ad valorem assessment ................. SB 607 Historic Courthouses; relocation of county offices; referendum ............... HB 1204 Repeal; Facade and Conservation Easements Act of 1976 ................... HB 1388 Urban Redevelopment Projects; powers of development authorities .......... HB 1102

HISTORIC U.S. 19 AND GA. 60 BUSINESS ROUTE; designate in Dahlonega ....................... SR 358

HOGANSVILLE, CITY OF; ad valorem school taxes; millage rate; referendum............................................................... SB 826

HOLDER, RANDOLPH AND CLEMENT!, 50th Wedding Anniversary; congratulating .............................................. SR 483

HOLIDAYS AND OBSERVANCES; Arbor Day and Earth Day; designate. ... SB 816

HOLSTON, REVEREND ROBERT LEE; honoring

SR 567

HOME DELIVERED MEALS, TRANSPORTATION SERVICES TO ELDERLY; Special Needs Fund ........................................ HB 1542

HOMELESS PERSONS (Also See Indigent Persons)

Atlanta, City of; bond proceeds; finance emergency home repairs

SB 455

State Housing Trust Fund for Homeless Commission; members; powers ........ SB 512

HOMESTEAD EXEMPTION Applications; filing date; change in certain populated counties Athens-Clarke County; phased-in exemption; referendum

SB 695 SB 861

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3744

JOURNAL OF THE SENATE

HOMESTEAD EXEMPTION (Continued)

Atlanta, City of; city taxes; increase in tax classification

HB 1785

Atlanta, City of; school taxes; upon 30% classification increase .............. HB 1780

Butts County; ad valorem tax; update applicable population ................ HB 1945

Butts County; ad valorem taxes; revise population application ................ SB 821

Carroll County; county, school taxes; certain residents ...................... HB 2152

Carroll County; filing requirement; exclusion based 1990 Census

HB 1885

Carrollton School District Taxes; elderly residents; referendum .............. HB 2157

Clarke County; ad valorem taxes; residents 65 or over ...................... HB 1481

Clayton County; ad valorem taxes; increase exemption; referendum

SB 661

Columbia County; increase for certain residents; referendum .................. SB 823

DeKalb County; ad valorem tax; surviving spouse, military personnel .......... SB 668

DeKalb County; ad valorem taxes for county purposes; referendum ............ SB 766

DeKalb County; county taxes; elderly, disabled persons..................... HB 2149

DeKalb County; school district ad valorem taxes; referendum ................. SB 767

DeKalb County; school taxes; elderly or disabled; referendum ............... HB 2148

DeKalb County; school taxes; full value; persons 70 or over ................. HB 2151

DeKalb County; school taxes; surviving spouse, armed forces member.......... SB 667

Floyd County; ad valorem taxes; county purposes; elderly residents .......... HB 1704

Floyd County; school taxes; elderly residents; referendum................... HB 1705

Floyd County; school taxes; one-half of taxes; elderly persons ............... HB 2076

Forsyth County; school taxes; certain residents; referendum................. HB 2063

Franklin County; ad valorem tax; elderly residents; referendum ............. HB 1581

Fulton County; ad valorem tax; increased tax digest; referendum ............ HB 1654

Fulton County; ad valorem taxes; increase to $10,000. by 1996 .............. HB 1553

Fulton County; ad valorem taxes; publication requirements ................... SB 124

Fulton County; school taxes; $25,000. for certain residents .................. HB 1820

Fulton County School Taxes; persons 70 years or over; referendum

HB 1411

Hart County; ad valorem taxes; elderly residents; referendum

HB 1983

Heard County; county, school taxes; certain residents; referendum

HB 2101

Jackson County; school taxes; elderly residents; referendum

HB 1911

Jasper County; ad valorem taxes; certain residents; referendum ............. HB 2115

Jefferson; city and school taxes; certain residents; referendum

... HB 2067

Jones County; ad valorem taxes; increase amount; referendum .............. HB 1727

Kingsland, City of; ad valorem taxes; certain elderly residents

HB 2016

Madison County; county, school ad valorem; elderly residents

HB 1498

Muscogee County; ad valorem taxes; elderly residents; referendum

HB 1604

Polk County; county and school taxes; referendum ........................... SB 865

Polk County; county, school taxes; elderly residents; referendum ............ HB 2154

Powder Springs, City of; certain disabled residents........................... SB 858

Property Acquired by Real Estate Transfer; filing of claim ................. HB 1561

Rabun County; ad valorem taxes; certain residents; referendum ............. HB 1849

Rockdale County; school taxes; persons over 65 or disabled ................. HB 1479

Rome, City of; school taxes; elderly residents; referendum

HB 2123

Sandy Springs, City of; incorporation subject to a referendum ................. SB 90

Sky Valley, City of; ad valorem taxes; referendum

HB 2122

Smyrna, City of; ad valorem tax; exemption; residents 62 or older ............. SB 685

Suwanee; ad valorem taxes; elderly, disabled; referendum

HB 2165

Thomaston-Upson County; school taxes; certain residents................... HB 2104

Troup County; ad valorem taxes; certain residents; referendum.............. HB 1865

Twiggs County; school taxes; certain residents; referendum

HB 2100

Wilkinson County; school taxes; certain residents; referendum............... HB 2091

HONEYBEES; bees, hives, or equipment ordered destroyed; compensation Refer to numerical index for page numbers

HB 1195

INDEX

3745

HOOKS, SENATOR GEORGE; excused; to attend funeral ................ Page 1913

HORSES

Equine Activities; shows, fairs, competitions, boarding; injury risks; liability;

immunity; notices; exceptions ............................................ SB 287

Humane Care for Equines Act; enact

SB 520

Humane Care for Equines Act; impoundment, care; disposition

SB 771

Humane Care for Equines Act; offenses cruelty to animals.................. HB 1265

HOSPITALS (See Health Care Facilities or Health or Human Resources)

HOTELS AND MOTELS

County, Municipal Hotel-Motel Excise Tax Levy; authorization

HB 1212

Excise Tax Levy; coliseum authorities; reimbursement rate ................. HB 1850

Excises Taxes; dealer reimbursement for collection; rate .................... HB 1146

HOUSE OF REPRESENTATIVES

Convened; notify Senate .................................................. HR 636

House Journals; sale price determination; deposit of receipts .................. SB 791

House of Representatives; 180 reapportioned election districts

HB 1337

House of Representatives; 180 reapportioned election districts

HB 1340

House of Representatives; change composition of certain districts as

reapportioned by 1992 HB 1340; Act No. 672.............................. SB 174

HOUSEBOATS; navigable streams, rivers, tidewaters; unlawful structures . . HB 1390

HOUSING (See Buildings and Housing)

HOUSING AND FINANCE AUTHORITY, GEORGIA

Membership on State Housing Trust Fund for Homeless; powers .............. SB 512

Powers; finance health facilities; local government financing

SB 600

Powers; guarantee loans to enterprises; low-income housing credits ............ SB 513

HOUSTON COUNTY Board of Elections; providing for; change population provisions ............. HB 1818 Elections; absentee ballots; voting place; use of courthouse.................. HB 1816

HOUSTON, MRS. MOZELLE; commend ................................... SR 536

HOWARD, LIEUTENANT GOVERNOR PIERRE Birthday Congratulations .................................................. SR 398 Remarks to Senate. ................................................. Page 76, 3458

HUMAN RESOURCES (Also See Social Services or Health)

Adoption Petitions; report of child-placing, investigating agencies; cost

reimbursement ....................................................... HB 1599

AFDC Preschool Age Children; eligibility; immunizations required ........... HB 1312

AFDC Recipients; eligibility; school attendance; job training

apprenticeship ........................................................ HB 1931

AFDC Recipients; parental training; create family resource centers ............ SB 422

Anatomical Gift Procurement Advisory Board; change composition

HB 1929

Appropriations; portion of state lottery unclaimed prize monies; treatment of

compulsive gambling disorders ......................................... HB 1541

At-Risk Children and Youth; resources; decategorize program; create community

innovation zones; reduce YDC placements ................................. SB 430

At-Risk Children, Juvenile Offenders; comprehensive revisions

SB 833

At-Risk Children, Juvenile Offenders; reorganization of services

HB 1549

Board of Human Resources; change composition

HB 1162

Child Support; enforcement cases; duties of district attorneys

HB 1815

Child Support; orders; impaired health care; educational assistance

SB 360

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3746

JOURNAL OF THE SENATE

HUMAN RESOURCES (Continued)

Child Support; orders; payment until child completes education; DHR as

petitioner; cost recovery for services; URESA cases. ...................... HB 1519

Child Support Recovery; enforcement; court ordered job training ............. HB 426

Child Support Recovery; information on child's birth certificate ............. HB 1401

Children and Youth Services Department; establish separate agency ........... SB 833

Children and Youth Services Department; establishment of ................. HB 1549

Commissioner of Medical Assistance; ex officio member of State Board of

Nursing Home Administrators ......................................... HB 1573

Day Care and Early Education; urge increased funding ....................... SR 573

Dead Bodies or Body Parts; unlawful incineration or cremation

HB 1203

Death Certificates; medical certification within 48 hours ...................... SB 354

Delinquent, Unruly Children; treatment; placement; interested party

SB 434

Department; actions against licensees; public reprimand; fines ............... HB 1661

Department; approve DUI alcohol, drug use risk reduction programs ......... HB 358

Department; powers; state-wide minimum standards for on-site, individual

sewage management systems ........................................... HB 1609

Department; reorganization; create Children, Youth and Family Services Department;

transfer certain duties ................................................... SB 355

DFACS; deprived children placed in foster care; periodic case review

SB 303

DFACS; deprived children placed in foster care; periodic case review

.SB 315

Disabled Persons; Technology Related Assistance for Individuals with

Disabilities Act; enact ................................................... SB 269

DUI Alcohol, Drug Use Reduction Programs; DHR administer ................ SB 505

Family and Children Services; deprived children placed foster care; case

review; additional period ............................................... HB 519

Home Delivered Meals, Transportation Services for Elderly, Preschool Special

Needs Children Fund; income tax refund contributions ................... HB 1542

Indigent Health Care; pregnant women; standards; regulations ................ SB 716

Juvenile Court Intake, Probation Services; Bibb County to transfer.......... HB 1578

Juveniles Committed Custody DHR; expenses; parents reimburse ........... HB 1598

Juveniles Committed YDCs; subsidies for community based services ........... SB 378

Long-Term Care Facilities; violations; alternative to closure................... SB 211

Long-term Care Ombudsman Programs; access patient's medical records ........ SB 87

Mental Health, Retardation, Substance Abuse Services; study commission .... SB 811

Mental Health Services; patient cost of care; assets, liability .................. SB 790

Mentally Retarded Persons; filing of petitions for services .................. HB 1828

Paternity; determination; written statement of parents ....................... SB 565

Personal Care Homes; deceptive advertising of services provided ............ HB 1640

Personal Care Homes; regulations; granting of waivers; procedure ............. SB 693

Public Assistance Recipients; child support services ........................ HB 1519

Public Health; committee to study creating separate state agency ............. SR 543

Putative Father Registry; establishment; locating absent parents

HB 1277

Special Treatment Facilities; public notice of proposed location .............. HB 573

Welfare Reform; AFDC benefits; committee to review programs ............... SR 528

YDCs; center based decisions; implement center improvement plans ........... SB 429

HUMANE CARE FOR EQUINES ACT

Enact; violations relating to cruelty to horses, mules, asses

.... SB 520

Horses, Mules, Asses; impoundment, care and disposition..................... SB 771

HUNT, WALTER CLEMONS; commend .......................... SR 558

HUNTER, ELTON KING, SR.; commend .................................. SR 372

HUNTER, WILLIE; Clark Atlanta University Football Coach, remarks. ... Page 1719

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INDEX

3747

HUNTING (Also See Game and Fish) Archery Season for Hunting Deer; use of crossbows .......................... SB 427 Deer Baiting; committee to study hunting around feeding sites ................ SR 525 Hunting, Fishing Licensed Bonded Agents; self-insurance; survey labels ....... HB 708 Hunting on Land of Another Without Permission; charges; dismissal .......... SB 573 Licenses; fee changes; fund acquisition of fish and wildlife habitat, recreation areas ....................................................... HB 1392 Public Areas; funding; revenue from timber sales on state owned land ...... SB 271 Season and Bag Limits; change provisions................................. HB 1322 Taxidermists; licensing requirements; create state examining board ............ SB 333 Wildlife; deer, bears, alligators, feral hogs; violations; certain vessels, vehicles; public roads; hunting at night; penalties ........................ HB 1548 Wildlife; deer, bears, feral hogs, squirrels; legal weapons; trapping of live foxes; taking of raptors by falconers .......................................... HB 1322 Wildlife; live foxes; conditions for trapping and holding .................... HB 1668 Wildlife Trappers; ID number or owner's name tags on traps ................. SB 755

IDENTIFICATION DOCUMENTS False Identification Documents; selling to a minor; penalty ................... SB 732 General Assembly; former members; issuance ................................ SB 220 Social Security Number; public school enrollment eligibility .................. SB 507 Theft; receipt of rental property; fraudulent acts .......................... HB 1474

INCOME TAX (Also See Revenue and Taxation)

Capital Gains; additional adjustment; effective date; applicability............. HB 456

Deduction; physicians rendering indigent prenatal health care

SB 356

Exemption; job tax credits; businesses in less developed areas............... HB 1399

Gain on Sale of Personal Residence; withholding taxes on pensions,

annuities, benefits; withholding exemption certificates .................... HB 1739

Lottery Prize Proceeds Subject to Taxation ............................... HB 1541

Records Used for Child Support Recovery; locating absent parents .......... HB 1277

Refunds; voluntary contributions for Home Delivered Meals, Transportation

Services for Elderly, Preschool Special Needs Children Fund.............. HB 1542

Returns; quarterly and monthly; employer filing deadlines .................. HB 1306

State Revenue; evaluation of tax structure by state commission ............... SR 443

Tax Amnesty Program Act; enact ........................................ HB 1405

Tax Collections; payment to state by Electronic Funds Transfer ............ HB 1395

Taxable Nonresidents; professional athletes, entertainers; define wages ....... HB 1377

Taxation; incorporate provisions of federal law into Georgia law ............. HB 1299

INDEMNIFICATION

Employees of new Children and Youth Services Department ................ HB 1549

Insuring of Public Officers, Employees; Georgia Tort Claims Act

SB 415

INDIGENT PERSONS AFDC Recipients; parental training; create family resource centers .... SB 422 Atlanta Project; poverty problems; commend community efforts ............... SR 468 Educational Reinvestment Act, Aid to Families with Dependent Children ...... SB 198 Health Care; moneys from trust fund dedicated for specific services .......... HR 840 Health Care; pregnant women; liability of counties; regulations................ SB 716

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3748

JOURNAL OF THE SENATE

INDIGENT PERSONS (Continued)

Homeless, State Housing Trust Fund Commission; members; powers

SB 512

Housing and Finance Authority; low-income housing credit program . . ......... SB 513

Identification Cards; fees ................................................ HB 1145

Indigent Defense; civil cases; fees; delinquent remission ...................... SB 715

Indigent Defense Funding Act; additional fees in civil cases

SB 714

Indigent Defense; local programs; bail bondsmen fees to finance............... SB 304

Legal Defense; costs, funding sources; committee to study .................... SR 439

Legal Defense; funding; fees in civil cases; amend Constitution ................ SR 480

Legal Defense in Capital Cases; Multicounty Public Defender Office ........... SB 545

Legal Defense; proceeds; interest on lawyer-client trust accounts

HB 1097

Legal Defense; unification of services; counties 550,000 or more

SB 696

Low and Moderate Income Housing in Georgia Study Committee; create

SR 282

Medicaid; prescription drug prior authorization requirements

SB 234

Office of Public Defender; funding; bail bond fees; Fulton County ............. SB 227

Pregnant Women; prenatal health care; physician's tax adjustment

SB 356

Public Assistance; recipient checks; banks required to cash

SB 12

INDUSTRIAL LOAN COMMISSIONER; revise fees charged regulated entities ................................................................ HB 1297

INDUSTRY AND TRADE

Airport Development; committee to study additional airports impact .......... SR 197

Aquaculture Development Act; enact

SB 630

Commissioner; duties; Aquaculture Development Commission ................. SB 630

Employment Training; quick start programs; qualifying industries ........... HB 1873

Executive Fellows Program; establishment .................................. SB 426

Gasoline; pricing of motor fuel economic impact; committee to study

SR 161

Georgia Business Climate Joint Study Committee............................ SR 384

Georgia Quality Month; business, government, academia; designate

SR 383

Regional Development Centers; industrial prospects; functions ................ SB 660

Rural Economic, Industrial Development in Depressed Areas; study of

SR 266

Tourist Welcome Centers; vending machines; prohibit cigarette sales........... SB 256

Water Supply, Periods of Drought; study certain river check dams ............ SR 496

INFERTILITY TREATMENT, IN VITRO FERTILIZATION; insurance coverage ................................................................. SB 259

INMATES (Also See Corrections or Courts)

Correctional Institutions; employment of full-time chaplains .................. SB 503

Drug Testing; random unannounced; controlled substances, marijuana,

alcohol abuse .................................. HB 248

Drug Testing; preliminary urine screen drug tests ............................ SB 678

Drug Trafficking Convictions; no pardon, no parole .......................... SB 438

Enrolled Private College, University; tuition equalization grants ............. HB 1823

Escape, Offense of; felony cases; trial upon accusation ...................... HB 1136

Incarceration; special boot camp unit; motor vehicle theft offenses............. SB 350

Infectious Diseased.or HIV. Infected; notice to receiving, facility, when

SB 128

Jails; repayment of costs incurred for medical treatment or property

B 1769

Juveniles; detention facilities; new state agency to manage .................... SB 833

Juveniles; detention facilities; new state agency to manage .................. HB 1549

Medical Care Furnished While Incarcerated; payment liability

HB 1170

Mental Health Outpatient Treatment; conditional release..................... SB 473

Operating Institution Commercial Vehicles; exempt license fee

HB 1462

Parole Hearings; notification of crime victims or relatives

SB 788

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INDEX

3749

INMATES (Continued) Pending Indictment; transfer of case to county where arrested ............... HB 847 Persons Convicted Drug Trafficking Felony Offense; mandatory term of imprisonment. .......................................................... SB 439 Persons Convicted Drug Trafficking Prohibited Pardon or Parole.............. SR 238 Probation; services for persons convicted municipal courts .................... SB 730 Reading Below 5th Grade Level; required educational instruction; incorporate parole guidelines ............................................ HB 244 Sentencing and Imposition of Punishment; probation, parole ................ HB 1607

INSURANCE

Accident and Sickness; group plans; continuation coverage rights ............ HB 1202

Accident and Sickness; payroll deduction for premiums; child support

orders ............................................................... HB 1276

Accident and Sickness; policies; cancellation or nonrenewal notices ............ SB 393

Agents, Solicitors, Broker, Counselors, Adjusters; licensure .................... SB 747

Children Receiving Public Assistance; education trust, GIERA .................. SB 8

Chiropractors; services relating to lab specimens ............................ HB 328

Commissioner; future successors to office shall be appointed by Governor; amend

Constitution ........................................................... HR 332

Commissioner; Public Officials Conduct and Lobbyist Disclosure Act

HB 1125

Direct Response Advertising; deceptive practices ............................ HB 904

Fees; regulated entities of Insurance Commissioner; revise amount

HB 1297

Fire; premium taxes; exemption; coverage of certain property ............... HB 1796

Fire Safety Division; powers, duties; reports of fire incidents; notice to investigatory

agency ............................................................... HB 1503

Fraternal Benefit Societies; extensively revise provisions .................... HB 1989

Health; basic and standard benefit plans for small employers ................. SB 782

Health; benefits; pre-existing conditions; wait period ......................... SB 722

Health Care Insurers; preferred providers; coinsurance percentages; routine physical

exams ................................................................. SB 292

Health Care Services; deceptive practice; inducement to attract patients by advertising

waive deductible ...................................................... HB 1347

Health; carriers insuring inmates; payment for medical care. ................ HB 1170

Health; claims; uniform forms; payments directly to providers................. SB 677

Health; clinical laboratory services; regulate billing, charges ................... SB 462

Health; coverage for minors; obtaining in certain guardianships ............. HB 1238

Health; coverage of mammograms, Pap smears, prostate tests ................ HB 538

Health; developing basic and standard plans for small employers ............ HB 1775

Health; employee contribution for spousal coverage .......................... SB 786

Health; expand coverage for musculoskeletal disorders, deformities

HB 1854

Health; group; employee contribution for spousal coverage

HB 1532

Health; insurers; filing new premium rates, loss ratio results ................ HB 1646

Health; insurers; uniform or standard claim form requirements................ SB 846

Health; maternity benefits; infertility treatment, in vitro fertilization coverage SB 259

Health; medicare supplement policies; regulation; definitions .................. SB 564

Health; model basic plan; coverage; minimum visits per year .................. SB 603

Health Plans; public school teachers, employees, state employees .............. SB 190

Health; services from a state hospital; liability for costs ...................... SB 790

Health; urge Congress to enact national health care plan

HR 711

Health; workplace injuries; medical benefits; pilot projects

SB 723

Insurers; accident and sickness; filing new premium rates, loss ratio results HB 1646

Insurers; capital and surplus; discretionary extension to meet

requirements; sunset provision ......................................... HB 1272

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3750

JOURNAL OF THE SENATE

INSURANCE (Continued)

Insurers; contracts; transfer of policies; policyholder rights;

assumption reinsurance agreements ....................................... SB 724

Insurers; extensively revise provisions regulating, licensing

HB 1989

Insurers; investments; underwriting of vehicle service agreements; group

health, contributions for spousal coverage ............................... HB 1532

Insurers; notice of rate filings; newspaper publication.......................... SB 28

Insurers; regulatory financial transactions; examination reports;

administrative supervision ............................................. HB 1344

Insurers; summary of financial condition and rate filing ....................... SB 79

Liability; auctioneers of used motor vehicles; exemption .................... HB 1637

Liability; fire protection sprinkler system contractors

HB 1642

Liability or Casualty Insurers; claimant requests for information; failure

comply; sanctions ...................................................... HB 347

Life; death benefits; premiums due for policy; unfair practices ................ SB 391

Life Insurance; claims for policy proceeds; computing interest............... HB 1666

Local Governing Bodies; investments of risk management and self-insurance

funds ................................................................. HB 602

Medicare Supplement Policies; regulation of; minimum standards ............. SB 564

Motor Vehicle Accident Reparations Act; comprehensive revision

HB 314

Motor Vehicle; accident reporting; responsibility claims....................... SB 764

Motor Vehicle; cancellation; insurers send notices to PSD ................... HB 245

Motor Vehicle; collision policies; use of aftermarket crash parts to settle

a claim; notices; failure to use certain repair shop......................... HB 888

Motor Vehicle; insurers; total loss claims; notice to owners .................. HB 494

Motor Vehicle; liability insurance carriers; claims settlements not bar to

certain actions ........................................................ HB 1676

Motor Vehicle; notice of cancellation; improper reports ....................... SB 505

Motor Vehicle; persons convicted DUI; court transmit records ................ SB 664

Motor Vehicle; premium reduction; attend approved employer sponsored

defensive driver course; claims, use of certain repair facility............... HB 1899

Motor Vehicle; reduced premiums; correct reference to Title 40 ............... SB 489

Motor Vehicle; violations; license suspension; restoration fees ............... HB 1145

Motor Vehicles; uninsured vehicles removed by police; proof of coverage ....... SB 134

Offense of Fraud; felony penalty ............................................ SB 66

Premium Taxes; fund street, road improvements unincorporated areas ......... SB 372

Property and Casualty; state employees' flexible benefits plans ................ SB 770

Property; vehicle service agreements, extended warranties .................. HB 1532

Unclaimed Property; funds held or owed; procedural time period ............ HB 1397

Unfair Business Practices; unapproved direct response advertising; noncarry

over calendar year deductible ............................................ SB 390

Unfair Claims Settlement Practices Act; enact............................. HB 1346

Workers' Compensation; assigned risks; logging service vendors................ SB 701

Workers' Compensation; health benefits pilot projects ........................ SB 723

Workers' Compensation Insurers; comprehensive revisions .................. HB 1679

Workers' Compensation Laws; extensive revision ............................. SB 629

Workers' Compensation; local government group self-insurance funds .......... SB 723

Workers' Compensation; medical benefit charges; employer failure pay

HB 550

Workers' Compensation; rates; restrict adverse experience factors............ HB 1476

Workers' Compensation Study Commission; establish......................... SB 840

Workers' Compensation; uninsured employees; provide trust fund ............ HR 863

Workers' Compensation; workers not covered; provide Trust Fund............. SR 475

INSURANCE AND LABOR COMMITTEE; Senator Newbill act as Chairman.............................................................. Page 1117

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INDEX

3751

INTEREST (See Banking and Finance or Commerce and Trade) INTERIOR DESIGNERS; registration; certification; fees; prohibited
actions................................................................... SB 168 INTERNS, SENATE; introduced ........................................ Page 3327
INTERSTATE HIGHWAYS; municipal officers' enforcement powers .......... SB 218

JACKSON COUNTY Ad Valorem; school taxes; homestead exemption; elderly residents ........... HB 1911 Board of Commissioners; annual financial report to grand jury .............. HB 1629 Veterans Memorial Parkway; designate Hwy 441, Commerce Bypass .......... HR 933

JACKSON, ELI; tribute to................................................. SR 488

JAILS, JAILERS

County Jail Fund; city contracts; fines, assessment, collection ............... HB 1149

County Jail Fund; manner in which money collected shall be paid

SB 164

Inmates; medical care furnished while incarcerated; payment liability ........ HB 1170

Inmates Transferred Other Facilities; infectious disease notices................ SB 128

Municipal, County; inmates; repay costs incurred for medical treatment or

wrongful actions; probation condition ................................... HB 1769

Municipalities of 400,000 or More; ordinances; contracts ...................... SB 129

JANG-TSE CHOE-JE RIUPOOHE; Tibetan Monk; introduced, remarks. . . . Page 213

JASPER COUNTY Ad Valorem; homestead exemption; certain residents; referendum ........... HB 2115 Board of Commissioners; election districts; reapportion ..................... HB 2021

JEFF DA VIS COUNTY; Superior Court; Brunswick Circuit; fifth judgeship SB 314

JEFFERSON, CITY OF; ad valorem; city and school taxes; homestead exemption.............................................................. HB 2067

JENKINS, ANGELA MARIA, 4-H NATIONAL CHAMPION; commend SR 462

JOB CREATION AND RETENTION FOR GEORGIANS STUDY COMMITTEE. .......................................................... SR 529

JOHNSON COUNTY; board of education; per diem compensation .......... HB 1944

JOHNSON HIGH SCHOOL BASKETBALL TEAM; introduced

Page 2906

JOHNSON, HONORABLE DON; commend

SR 623

JOHNSON, HONORABLE LEROY R.; recognizing

SR 556

JOHNSON, SENATOR DON; excused; business .......................... Page 705

JONES COUNTY Ad Valorem Taxes; homestead exemption; referendum ..................... HB 1727
Board of Commissioners; chairman, members; compensation; travel expenses ............................................................. HB 1744
Board of Commissioners; election districts; qualifications ................... HB 1172 Board of Commissioners; election; terms .................................. HB 2150

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3752

JOURNAL OF THE SENATE

JONES COUNTY (Continued) Board of Education; election districts; change composition .................. HB 1173 Inclusion Macon Water Authority Boundaries; consolidate charter ........... HB 1913

JONES, RHUBARB; commend ............................................ SR 500

JUDGES (Also See Courts)

Contempt Powers; unexecused absent jurors

SB 675

County Law Libraries; board of trustees; certain chief judges

HB 1861

Courts; workshops to review future judicial needs

SR 520

Duties; record reason accept nolo contendere plea in DUI cases

SB 640

Enotah Judicial Circuit; superior court; provide for two judges

HB 1288

Ethics Training; requirements; sanctions for failure to attend

HB 1648

Judicial Districts; membership; State Commission on Family Violence

SB 703

Judicial Education and Training; proceeds of civil filing fee................... SB 518

Judicial Nominating Commission; provide; candidate recommendations .SB 295

Juvenile Courts; office of senior judge created .............................. HB 572

Juvenile Courts; practice of law; prohibition; exception; circuits of

180,000 or more ...................................................... HB 1358

Juvenile Courts; practice of law; repeal prohibition; circuits of

160,000 or more ..................................................... HB 1357

Juvenile Courts; prohibited from practicing law.............................. SB 655

Juvenile; practice of law; prohibition; population provision

HB 1884

Marriage Ceremonies; gratuities for performing; personal income

SB 495

Municipal Courts; training; exemption; active members State Bar ............. SB 653

Probate Courts; retirement at age 55 with 10 years of service ................. SB 337

Probate Courts; nonpartisan primaries and elections; procedures

SB 62

Probate Courts; office business hours, time period, days ...................... SB 291

Probate Courts; retirement; cost-of-living benefits ...... SB 47

Probate Courts; retirement; creditable service; benefits; dues

SB 60

Probate Courts; retirement; membership; employees of board

SB 61

Retired Superior, State Court Judges; authorize county supplement

SB 546

Retirees; eligibility as senior judges to serve certain courts

HB 900

Retirement; benefits; remaining in office over age 70 years .................... SB 529

State Court; service credit; Superior Court Judges Retirement System ......... SB 149

State Court; qualifications; three year resident of state

SB 486

Superior Court; appointment by Governor, 4 year term; amend Constitution SR 170

Superior Court; appointment of judges; repeal elections ...................... SB 263

Superior Court; Blue Ridge Judicial Circuit; third judgeship .................. SB 364

Superior Court; Brunswick Judicial Circuit; fifth judgeship ................... SB 314

Superior Court; comprehensive revision of election method

SB 264

Superior Court; Dougherty Judicial Circuit; third judgeship

HB 1943

Superior Court; Griffin Judicial Circuit; fourth judgeship

SB 334

Superior Court; Gwinnett Judicial Circuit; sixth judgeship

HB 534

Superior Court; impaneling second grand jury; procedures

SB 85

Superior Court; jurisdiction; contested municipal elections .................. HB 1374

Superior Court; Lookout Mountain Circuit; fourth judgeship ................. HB 354

Superior Court; Rockdale Judicial Circuit; additional judge ................... SB 127

Superior Court; single-member districts; elections; terms...................... SB 262

Superior Court; Southern Judicial Circuit; fifth judgeship

SB 776

Superior Court; Stone Mountain Judicial Circuit; tenth judgeship

SB 301

Superior Court; Tallapoosa Judicial Circuit; third judgeship

HB 1943

Superior Court; term of office; adjust so all elected same time

SR 171

Superior Court; transfer of membership to District Attorneys' Retirement

System .............................................................. HB 801

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INDEX

3753

JUDGES (Continued)

Superior Courts; retirement credit; transfer prior service..................... HB 183

Trial Judges and Solicitors Retirement Fund; members; senior judges or

DA emeritus appointment ..................................

HB 900

JUDGMENTS

Collectable Interest Rate; change ........................................... SB 326

Default; when case in default; time period for filing and

serving the answer ...................................................... SB 423

Probate Courts; civil cases; default judgments ............................. HB 1238

Secured Transactions; priority of tax liens and judgments

HB 1722

JUDICIAL CIRCUITS

Atlanta Circuit; assistant district attorney; maximum salary ................ HB 1398

Augusta Circuit; probation fines; disbursements by counties

SB 817

Blue Ridge Circuit; superior court; third judgeship ........................... SB 364

Brunswick Circuit; superior court; fifth judgeship

SB 314

Circuits Between 103,000 and 135,000; 1970 Census; repeal Act creating

office of assistant district attorneys ..................................... HB 1907

Circuits of 160,000 in 1980; juvenile court judges practicing law ............. HB 1884

Circuits of 160,000 or more; juvenile court judges practicing law

HB 1357

Circuits of 180,000 or more; juvenile judges practicing law;

prohibited; exception .................................................. HB 1358

Clayton Circuit; district attorney; salary; county supplement .................. SB 663

Clayton Circuit; superior court; judges; salary supplement .................... SB 662

Cobb Circuit; superior court; judges; salary supplement

SB 371

Conasauga Circuit; district attorney investigators; arrests ..................... SB 850

Court Administrators; membership; Employees' Retirement System ........... HB 588

Courts; workshops to review future judicial system needs ..................... SR 520

Dougherty and Tallapoosa Judicial Circuits; additional judgeships ........... HB 1943

Dougherty Judicial Circuit; superior court; third judgeship .................. HB 1943

Enotah Judicial Circuit; creation; two judges, district attorney

HB 1288

Family Violence Laws; state commission, local task forces to monitor

effectiveness ............................................................ SB 703

Flint Judicial Circuit; superior court; third judgeship

HB 2094

Griffin Circuit; superior court; provide fourth judgeship ...................... SB 334

Gwinnett Circuit; superior court; sixth judgeship............................ HB 534

Judicial Candidates; nonpartisan primaries; election by plurality vote

SB 306

Judicial Nominating Commission; provide for; recommend candidates .......... SB 295

Lookout Mountain Circuit; district attorney; personnel; expenses

... HB 1084

Lookout Mountain Circuit; office of assistant district attorney. .............. HB 1157

Lookout Mountain Circuit; superior court; fourth judgeship .................. HB 354

Lookout Mountain Circuit; superior court; judges; expense allowance

HB 1158

Mountain Circuit; revise composition, superior court jurisdiction ............ HB 1288

Northeastern Circuit; revise composition, superior court jurisdiction ......... HB 1288

Rockdale Circuit; superior court; additional judge ............................ SB 127

Southern Circuit; superior court; fifth judgeship ............................. SB 776

Special Trial Districts; investigative grand juries; amend Constitution

SR 70

Stone Mountain Circuit; superior court; judges; salary supplement........... HB 2082

Stone Mountain Circuit; superior court; tenth judgeship ...................... SB 301

Superior Court; judges; elected in single-member districts..................... SB 262

Superior Court; judges; repeal election, provide for appointment

SB 263

Superior Court; judges; revise election method; number of judgeships each

circuit; conditioned upon ratified constitutional amendment

SB 264

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3754

JOURNAL OF THE SENATE

JUDICIAL CIRCUITS (Continued)

Superior Court; judges; supplemental expense allowances; repeal Act using

1970 Census application ............................................... HB 1909

Tallapoosa Judicial Circuit; superior court; third judgeship

HB 1943

JUNK DEALERS; secondary metals recyclers; regulate; prohibited conduct; stolen property ................................................. HB 1756

JURIES (Also See Courts)

Felony Trials; equal number of peremptory challenges

SB 383

Felony Trials; size of jury panel; number of peremptory challenges; cases

seeking death penalty ................................................. HB 1710

Grand; additional panels; impanel procedures; service time period .............. SB 85

Investigative Grand Juries in Judicial Circuits; amend Constitution

SR 70

Juror Lists; use for commercial solicitation prohibited

HB 308

Jurors; unauthorized absences; contempt powers of judges .................... SB 675

Jury Clerks; appointment; 1990 applicable population brackets

SB 683

Qualifications; persons able to communicate in English language

SB 504

State Courts; trial of civil actions; demands for jury panel .................... SB 517

JUVENILE OFFENDERS, DETENTION FACILITIES

Children and Youth Coordinating Council; inspect court records

SB 492

Delinquency Hearings; open to public inspection and disclosure

SB 260

Delinquent Child Committing Serious Injury or Death; sentencing

SB 644

Delinquent Children; proposed treatment facilities, residences

HB 573

Delinquent, Unruly Children; treatment, placement; interested party

SB 434

Deprivation or Unruliness Hearings; exclude public inspection ................ SB 260

Detention Facilities; new state agency to administer, manage

SB 833

Detention Facilities; new state agency to administer, manage ............... HB 1549

First Time Offenders; court ordered counseling for child, parents

HB 1977

Reorganize Services; create Children, Youth and Family Services

Department

................ SB 355

Subsidies to Counties to Develop Community Based Commitment Services . .... SB 378

Youth Development Centers; adopt policies, improvement plans

SB 429

JUVENILE PROCEEDINGS (Also See Courts or Minors)

At-Risk Children and Youth; institutional placement; develop program for

home or community based placement ..................................... SB 430

At-Risk Children and Youth; services; goals; effectiveness measures ...... SB 104

Children and Youth Coordinating Council; court files; inspection .............. SB 492

Children and Youth Legislative Overview Committee; create .... SB 105

Children and Youth Services Department; creation; establishment

HB 1549

Children and Youth Services Department; establish as an agency.............. SB 833

Children Committed Custody DHR; costs and expenses from parents

HB 1598

Children, Youth and Family Services Department; creation

SB 355

Delinquency Cases; court records inspection; fingerprint, photo file

HB 683

Delinquency Hearings, Records; public inspection, disclosure conditions ........ SB 260

Delinquent Acts; sentencing; consideration of impact upon victim ............. SB 644

Delinquent or Unruly Children; information on treatment, placement

SB 434

Deprived Children; foster care placement; case review; additional period

HB 519

Deprived Children; placement in foster care; periodic case review

SB 303

Deprived Children; placement in foster care; periodic case review

SB 315

Designated Felony Acts; trafficking in cocaine, illegal drugs, marijuana;

prosecution; confinement; judge's discretion; drug treatment

HB 87

DHR Intake, Probation Services; Bibb County to transfer

HB 1578

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INDEX

3755

JUVENILE PROCEEDINGS (Continued) First Time Offenders; court ordered counseling for child, parent or guardian; procedures; expenses ......................................... HB 1977 Juvenile Courts; judges; practice of law; population provision ................. SB 655 Juvenile Courts; judges; practice of law; prohibition; exception; circuits of 180,000 or more .................................................... HB 1358 Juvenile Courts; judges; practice of law; prohibitions ....................... HB 1884 Juvenile Courts; judges; practice of law; repeal prohibition; circuits of 160,000 or more ...................................................... HB 1357 Juvenile Courts; judges; retirees; appointment as senior judges ............... HB 900 Juvenile Courts; office of senior judge created .............................. HB 572 Juvenile Justice Services; subsidies; community based services for commitment of juveniles................................................. SB 378 YDCs; adopt policies to implement center improvement plans................. SB 429

K

KAUFMANN, ALICE; served as nurse for session .......................... Page 76
KAUFMANN, DR. JAMES; directed Doctor of the Day program............. Page 76
KENNEDY, K.T.; designate fishing reef for; Sapelo Island Channel ........... HR 500
KENNESAW, CITY OF Corporate Limits; change ................................................ HB 1610 Municipal Court; traffic violations; authority; sentencing ...................... SB 628
KERREY, BOB; U.S. Senator; introduced, remarks ......................... Page 195
KICKS 101.5 (WKHX), RADIO PERSONALITY "MOBY"; commend ... SR 553
KIDNEY DIALYZERS; reuse; change reference to Health Planning Agency SB 125
KING-ABERNATHY STATE COLLEGE; renaming of Atlanta Metropolitan College ...................................................... SR 107
KINGSLAND, CITY OF; Ad Valorem; homestead exemption; elderly residents; referendum ............................................ HB 2016
KITE, CITY OF IN JOHNSON COUNTY; new charter; incorporation; powers ................................................................. HB 1762

LABOR AND INDUSTRIAL RELATIONS (Also See Employment Security or

Workers' Compensation)

Commissioner; duties; enforcement of high-voltage line safety ...

HB 1663

Commissioner; election by plurality of votes cast; amend Constitution ......... SR 169

Commissioner; future successors to office shall be appointed by

Governor; amend Constitution .......................................... HR 332

Department; education assistance program for qualified personnel ........... HB 1658

Refer to numerical index for page numbers

3756

JOURNAL OF THE SENATE

LABOR AND INDUSTRIAL RELATIONS (Continued)

Department; financial records; uncollectable debts; removal procedures....... HB 1658

Employees; incomplete tax withholding certificates; status .................. HB 1739

Employer Sponsored Defensive Driver Courses; approval for

insurance premium reductions.......................................... HB 1899

Employers; disclosure; information about former employee .................... SB 620

Employers; income taxes; change return filing deadlines .................... HB 1306

Employment Discrimination Based on Use of Tobacco Products............... SB 251

Employment Discrimination; use of certain lawful products during

nonworking hours ....................................................... SB 256

Employment; minorities, women and other special populations

SR 522

Employment Practices; Commission on Equal Opportunity created ............ SB 614

Employment Security Law; contributions; extended benefits; aliens

SB 560

Job Creation, Retention; manufacturing industry; study of.................... SR 529

Job Training for Unemployed Parents Owing Child Support; costs ........... HB 426

Job Training; Youth Apprenticeship Program for School Systems ........... HB 1931

Labor Commissioner; Public Officials Conduct and Lobbyist Disclosure Act HB 1125

Labor Pools; private agencies hiring for short-term work assignments;

regulation; prohibited practices; violations; penalties

HB 1912

Public Employee Hazardous Chemical Protection and Right to Know

Act; editorial changes; training; fees, charges

HB 2029

Railroad Companies; labor contracts; sale or transfer of lines ................. SB 632

Small Employers; basic and standard health insurance plans .................. SB 782

Small Employers; development of basic health insurance plans

HB 1775

Smoking During Nonworking Hours; prohibit employer discrimination ........ HB 728

State Employees; grievances; filing procedures ............................... SB 106

Wages; unclaimed property; time period; subject custody of state

HB 1397

Workers' Compensation; group self-insurance; local governments;

health benefits pilot projects ............................................. SB 723

Workers' Compensation; injuries redefined; benefits; partial, total disability;

rehabilitation, death benefits; compensation payment amounts ............ HB 1679

Workers' Compensation; judicial review of awards; appeals.................... SB 702

Workers' Compensation Laws; extensive revision

... SB 629

Workers' Compensation; medical benefit charges; employer failure to pay .... HB 550

Workers' Compensation; medical, rehabilitation suppliers; fees ................ SB 687

Workers' Compensation; rates; restrict adverse experience factors............ HB 1476

Workers' Compensation; rejected insurance risk; logging services .............. SB 701

Workers' Compensation Study Commission; establish; functions ............... SB 840

Workers' Compensation; subrogation rights of employers;

3rd party proceedings ................................................... SB 363

Workers' Compensation Trust Fund; provide for creation ..................... SR 475

Workers' Compensation; uninsured employees; provide trust fund ............ HR 863

LABOR POOLS; short-term work assignment; regulate companies; violations HB 1912

LAFAYETTE, CITY OF; corporate limits; define and change boundaries

HB 1772

LAGRANGE HIGH SCHOOL FOOTBALL TEAM; commend

SR 397

LAKE PARK, CITY OF; mayor and council; time of elections .............. HB 1317

LAKES; property acquired by local governments; disposition

HB 1667

LAMAR COUNTY

Board of Commissioners; election districts; reapportion ..................... HB 1987

Board of Education; election districts; reapportion

HB 1988

Superior Court; provide third judgeship; salary supplement

HB 2094

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INDEX

3757

LAND SURVEYORS; professional certification; qualifications; use of seal. .... HB 143

LAND USE PLANS

Mobile Homes and Mobile Home Parks; regulation of........................ SB 228

Surface Mining Operations; permits; land reclamation requirement ............ SB 523

Zoning Proposal Review Procedures; counties of 500,000 or more

HB 2045

LANDFILLS (Also See Waste Management)

Disposal Facilities; "active CERCLIS sites"; prohibited permits ............... SB 242

Municipal Solid Waste; permits; proximity ground-water recharge areas

SB 185

Municipal Solid Waste; permits; specified distance certain rivers .............. SB 215

Solid Waste Disposal; scrap tires; abate illegal dumping

HB 1385

Solid Waste Management; disposal restrictions; household hazardous

waste, recyclable wastepaper, yard trash, bottles, cans ...................... SB 240

Solid Waste; prohibited actions; penalties; permits for certain facilities;

fees, surcharges; site selection .......................................... HB 1386

LANDLORD AND TENANT

Mobile Homes and Mobile Home Parks; regulation of........................ SB 228

Tenants; leased property improvements; ad valorem tax exemption

SB 440

Water Service; liability for unpaid charges

SB 10

LANDSCAPING, ARCHITECTS AND NURSERYMEN

Agricultural Liming Materials; registration; licensure; labeling ................. SB 521

Georgia Board of Landscape Architects; extend to 1994 .................... HB 1350

Green Industry Association; commend ...................................... SR 376

Irrigation Contractors; provide for licensing; exemptions ..................... HB 559

Landscape Architects, Georgia Board of; termination provisions

SB 535

Lawn Grass Seeds; calendar year produced not required on labels

HB 1747

Pesticide Use; local ordinances prohibited; exemption ...................... HB 1196

LAURENS COUNTY; sparsity school system; capital outlay funds

SB 488

LAW ENFORCEMENT OFFICERS AND AGENCIES

Alleged Violations of Law; investigation by the GBI; procedures................ SB 38

Arrest of Persons; jurisdiction; transfer where offense occurred ................ SB 497

Campus Police; law enforcement powers repealed; cities of 400,000

HB 610

Complaints Against; internal investigatory records; disclosure

SB 146

Complaints Against Officers; procedures; discipline; rights; review ............. SB 203

Coroners and Deputies; qualifications; death investigations

SB 33

Correctional Officers; service retirement allowance at age 55 .................. SB 187

Corrections Department; retirement credit; age 55 with 10 years .............. SB 245

County Police Force; creation; special election; procedures .................. HB 1236

Crime Information Center; dissemination; criminal history records to

county boards of registration and elections ............................... HB 207

Crime Information Center; duties; driver's license applicants; fingerprint

information required; dissemination; costs .................................. SB 75

Crime Information Center; fingerprint and records check; teachers,

principals, other certificated personnel .................................... SB 425

Crime Information Center; records; duties; telephone requests to check

firearms purchaser background; dissemination procedure .................... SB 150

Criminal Justice Coordinating Council; membership;

Department of Children and Youth Services ............................. HB 1549

Domestic Violence; commission to study officer training programs

SR 286

Drug Testing of POST Certified Employees; urge discontinue program

SR 14

Drug Testing of Safety Sensitive and Critical Personnel Act of 1991

HB 933

Duties; report crimes against school students; identifying data

HB 1296

Duties; seizure of property under Controlled Substances Act

SB 114

Refer to numerical index for page numbers

3758

JOURNAL OF THE SENATE

LAW ENFORCEMENT OFFICERS AND AGENCIES (Continued)

Emergency or Crime Scenes; primary law enforcement authority .............. SB 674

Emergency 911 Telephone System; local advisory board requirements........ HB 1583

Family Violence Complaints; training; arrest based on probable cause......... HB 298

Family Violence; investigations; determining primary aggressor ................ SB 572

Family Violence; training courses; report incidents to GBI .................. HB 1763

Fire Investigations; uniform reporting of incidents; arson ................... HB 1503

Flashing or Revolving Blue Lights on Vehicles; unlawful use of

HB 1478

Forfeitures Under Controlled Substances Act; use of proceeds

SB 569

GBI; create as a division of Department of Public Safety ..................... SB 500

GBI; crime lab facility property; City of Moultrie to annex ................. HR 1017

GBI Forensic Sciences Division; duties; DNA data bank; profiles

SB 594

GBI; regional crime lab, Colquitt County; road easement

SR 418

GBI; scientific reports; drug test results; admissible evidence

SB 59

Housing Authority Police; arrest powers; certification and training

HB 231

Impoundment of Horses; duty under Humane Care for Equines Act ......... HB 1265

Juvenile Fingerprint, Photo Files; use and retention; inspection

SB 260

MARTA Security, Police Force; jurisdiction; qualifications; immunity ......... HB 219

MARTA Security, Police Force; jurisdiction; qualifications; immunity

HB 659

Officers; police, corrections, detention; offense of simple battery against ........ SB 255

Peace Officers' Benefit Fund; membership; 16 years of service

SB 341

Peace Officers' Benefit Fund; purchasing prior service credit .................. SB 122

Peace Officers; reserve officers; authority to carry firearms ..................... SB 53

Peace Officers; training; completion of basic course; time limit ............... HB 631

Peace Officers; training costs; reimbursement by new employer;

cities appointing citizen of adjoining state ................................. SB 750

Pistols and Revolver Sales; purchaser records check; wait period .............. SB 118

Posses, Auxiliaries and Voluntary Officers; liability exposure;

committee to study ..................................................... SR 222

Powers; stolen property subject to hold notices; metals recyclers

HB 1756

Privileged Communications; truthful investigative reports ..................... SB 285

Public Safety Department; change administration of services, functions ......... SB 74

Public Safety; firearm purchasers; information to dealers ..................... SB 778

Public Service Commission; enforcement personnel; indemnification

SB 377

Searches With Warrants; reckless destruction of property; remedy

HB 1749

Sheriffs; appointees filling a vacancy; retirement credit ...................... HB 501

Sheriffs; duties; persons charged county ordinance violations .................. SB 804

Sheriffs; minimum salary; longevity; cost-of-living adjustments ................ SB 553

Sheriffs; qualifications to hold office; training required...................... HB 1613

South, Devin; Officer of Year; commend .................................... SR 508

Speed Detection Devices; FCC certification; repeal requirement

SB 779

Speed Detection Devices; use of radar devices on hills........................ SB 550

Speed Detection Devices; visibility; when case may be made

SB 505

State Patrol; personnel; promotion procedures; disciplinary actions;

internal affairs investigators; abolish Disciplinary Board

HB 1530

Training; family violence service providers; commission to study .............. SB 703

Vehicles Fleeing or Attempting to Elude Police; change penalty

SB 494

LAWRENCEVILLE, CITY OF; corporate limits; deannex property; Venable Valley Farms ................................................... HB 1757

LAWS AND STATUTES (See Code of Georgia)

LAZAREV, EUGENE; commend ........................................... SR 546

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INDEX

3759

LEAD Lead Poisoning Prevention Study Committee; lead-based paints............... SR 224 Toxicity of waste in packaging; regulate.................................... HB 124

LEE COUNTY Board of Commissioners; election districts; reapportion ..................... HB 2055
Board of Elections; repeal ................................................ HB 532 Lee County Utilities Authority Act; enact ................................. HB 1738

LEE, JOSH ELTON; commend ............................................ SR 506

LEGAL ADVERTISING

Judicial Sales; designation of county official newspaper ..................... HB 1545

Judicial Sales; which newspaper shall advertise .............................. SB 431

Official Organ of a County; requirements; published for 2 years ............... SB 515

Property Foreclosure Sale; record publisher affidavit with deed

SB 584

LEGAL DEFENSE OF INDIGENTS

Costs Borne by Counties; funding sources; committee to study ................ SR 439

Counties; financing of local programs; bail bondsmen issuance fees

SB 304

Counties of Not Less Than 600,000; Defense of Indigents Act................. SB 809

Counties of 550,000 or More; criminal bail bond fees to supplement ........... SB 227

Create Office of Multicounty Public Defender; court referrals ................. SB 545

Fees for Volunteer Legal Service Agencies; certain counties ................... SB 627

Funding; additional fees in civil cases; amend Constitution ................... SR 480

Funding; indigent defense; additional fees in civil cases....................... SB 714

Indigent Defense Fees; delinquent remission; penalty......................... SB 715

LEGGETT, REVEREND JOHNNY L.; commend

SR 599

LEGISLATIVE RETIREMENT SYSTEM; retirees returning to parttime service ......................................................... HB 310

LEMON LAWS Tractors, Farm, Heavy Equipment, New Vehicles; amend constitution ......... SR 486 Vehicle Warranties; using aftermarket crash parts for repair may void ........ HB 888

LEWIS, BILL; Georgia Tech Head Football Coach; welcome .................. SR 491

LIBERTY COUNTY

Alcoholic Beverages; license to sell; consumption on premises

HB 1451

Alcoholic Beverages; license to sell distilled spirits by drink................. HB 1708

Board of Commissioners; election districts; change composition.............. HB 1251

Board of Education; election districts; reapportion; compensation

HB 1252

LIBRARIES, LIBRARIANS

County Law Libraries; board of trustees; change composition

HB 1861

Librarians, State Board for Certification; termination provisions............... SB 535

School Media Centers; funding of computer hardware, software ............... SB 571

LICENSE PLATES (Also See Motor Vehicles or Staggered Tag Sales)

Alteration of County Designation; penalties ................................. HB 15

County Designation; alteration of; special veterans plates

HB 15

Disabled Veterans; joint ownership with spouse; free of charge

SB 568

Fee Provisions; new, replacement, special, transfers, commercial.............. HB 494

Fees; comprehensive revision of all fees ................................... HB 1145

Materials Specifications; retroreflective or reflective .......................... SB 508

Registration and Licensing; comprehensive revision, modernization

HB 245

Registration; vehicle emission inspection certification ......................... SB 485

Registration; vehicle emission inspection; certain counties................... HB 1440

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3760

JOURNAL OF THE SENATE

LICENSE PLATES (Continued)

Revalidation Decals; specify placement location

SB 505

Special; firefighters; change authority for issuance........................... HB 613

Special; members of emergency management personnel ....................... SB 737

Special; military reservists; U.S. Armed Forces veterans; EMT's

SB 505

Special; National Guard; issuance to spouse of members ...................... SB 733

Special; National Guard reservists; units in adjoining state..................... SB 81

Special; National Guard reservists; units in adjoining state ................. HB 1445

Special; Purple Heart recipients; applications ................................ HB 15

Special; salute to war veterans ............................................. SB 717

Special; U.S. armed forces active duty members or retirees ................... SB 351

Staggered Registration Periods; deadlines; uniformity; alternatives ............. SB 116

Staggered Registration Periods; early registration penalty ..................... SB 115

Unpaid Parking Tickets; nonissuance until fines paid

SB 557

LIENS

Abandoned Motor Vehicles; removal, storage fees; foreclosure ................. SB 339

Contractors; right of lien; residential property improvements .................. SB 498

Equines Subjected to Cruelty; impoundment; costs of care

SB 520

Equines Subjected to Cruelty; impoundment; costs of caring for............... SB 771

Hospitals; patient charges; claims; filing; time period

SB 170

Impoundment of Horses Under Humane Care for Equines Act

HB 1265

Judicial Sales; legal advertising; county official newspaper

HB 1545

Property; foreclosure sales; affidavits recorded with deed

SB 584

Property; limited for unpaid water service charges ............................ SB 10

Property Subject Forfeiture Under Controlled Substances Act

SB 73

Secured Transactions; priority of tax liens and judgments

HB 1722

Secured Transactions; sharecropping agreements; production loans........... HB 1420

Self-service Storage Facilities; owner-occupant agreements .................... SB 648

LIEUTENANT GOVERNOR

Pierre Howard; birthday congratulations .................................... SR 398

Pierre Howard; remarks to Senate ................................... Pages 76, 3458

Term of Office; two four-year term limit; amend Constitution

SR 350

LILBURN, CITY OF Corporate Limits; change ................................................ HB 2143 Franchises; lengthen time period may grant ............................... HB 1941

LIMING MATERIALS ACT OF 1992; registration; licenses; labels .......... SB 521

LIMOUSINES; carriers, chauffeurs; regulation; requirements; license

HB 1282

LINDSEY, JAKE AND LORENE; commend ............................... SR 445

LITERACY Blind Students; Braille instruction; special education program Illiteracy; inmates reading below 5th grade level; instruction

SB 650 HB 244

LITMAN, BISHOP J. L., JR.; recognizing

SR 549

LITMAN, BISHOP JOHNNY LEE, JR. OF ALBANY; commend

HR 1045

LITTER; publicly provided garbage containers; prohibit removal of items

HB 1181

LIVELY, DAVID EARL, 4-H NATIONAL CHAMPION; commend

SR 452

LIVESTOCK Equine Activities; shows, fairs, competitions, boarding; injury risks Registered Marks or Brands; leased livestock; liability of purchaser, seller

SB 287 HB 1540

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INDEX

3761

LIVING WILLS

Anatomical Gift Act; organ procurement; change provisions

HB 1929

Definitions; revise form; patient in coma or vegetative state................... SB 605

Durable Agency for Health Care; new name; contents of form

SB 606

Patients; candidates for nonresuscitation; procedures ......................... SB 815

Patients in a Coma or Vegetative State; revise form; witnesses ............... HB 968

LOANS (Also See Banking and Finance or Grants) Education; service cancelable; gerontology, geriatric training Loans Brokers; prohibited acts; criminal penalities Sharecropping Agreements; secured transactions; production loans

HB 1150 HB 1210 HB 1420

LOBBYISTS, REGISTERED AGENTS

Contribution and Expenditure Disclosure reports; content; filing

SB 736

Ethics Training for All State, Local Public Officers ......................... HR 859

Persons Representing State Departments, Agencies; registration ................ SB 55

Registered Agents; voluntary ethics training program; fees .................. HB 1648

Registration With State Ethics Commission; provide regulation of ............. SB 704

Regulate Practice; Georgia Ethics in Government Act of 1992 ................. SB 597

Regulation of; registration fees; campaign contributions or expenditures,

limitations; disclosure reports; violations ................................ HB 1125

LOBBYISTS, REGISTERED AGENTS ................ Pages 16, 179, 454, 760, 1078, 1378, 1682, 1844, 2038, 2875

LOCAL GOVERNMENT (Also See Counties or Municipalities)

Ad Valorem Tax; boats; tax situs; 184 days or more requirement ............ HB 1263

Ad Valorem Tax; delinquent payment penalties; certain counties

SB 633

Ad Valorem Tax; education needs; study of state revenue structure

SR 443

Ad Valorem Tax; freeport exemption; qualify procedures; elections

HB 1286

Ad Valorem Tax; freeport exemptions; issuing call for referendum ........... HB 1243

Ad Valorem Tax; property assessment; limitations on increases................ SR 434

Ad Valorem Tax; property fair market value; critera; use restrictions

HB 233

Airport Development Authority, Joint Study Committee; creating

SR 197

Airport Development; property condemnation; restrict powers ................. SB 544

Airport Projects; create Georgia Airport Development Authority............... SB 244

Airports; condemnation powers exercised extraterritorially; consent

SB 173

Alcoholic Beverage Licenses; issuance; catered functions; permits .............. SB 319

Alcoholic Beverages; license to sell; restaurants, private clubs ............... HB 1533

Alcoholic Beverages; premises where sold; entry by persons under 18;

employees prohibited drink alcohol at work ............................. HB 2015

Alcoholic Beverages; sales at public-owned coliseums

HB 1437

Alcoholic Beverages; sales at public-owned coliseums

HB 1451

Alcoholic Beverages; sales of distilled spirits; Liberty County ............... HB 1708

Alcoholic Beverages; sales on Sundays at festivals; definition .................. SB 728

Alcoholic Beverages; sales on Sundays; festivals; certain cities ................. SB 746

Alcoholic Beverages; sales on Sundays; Whitfield County

HB 1882

Annexation, Deannexation of Land by Municipalities; procedures

HB 113

Annexation; unincorporated islands; contiguous areas; services

HB 113

Bicycle Riders; riding on roadways; designated bicycle paths ................ HB 1447

Boards of Regional Development Centers; membership; designee

SB 654

Business Licenses; limousine carriers; chauffeurs; fees ...................... HB 1282

Business Taxation; Professional Tax Equity Study Committee

SR 510

Cemeteries, Burial Grounds, Private Plots; abandoned;

restoration, maintenance costs; reimbursement........................... HB 1611

Cities Not More Than 5,300, 1980 Census; compensating officials ............ HB 2001

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3762

JOURNAL OF THE SENATE

LOCAL GOVERNMENT (Continued)

Coliseum Authorities; hotel-motel excise tax levy; reimburse rate

HB 1850

Coliseums; public authorities; alcoholic beverage sales ...................... HB 1437

Coliseums; public authorities; alcoholic beverage sales ...................... HB 1451

Contracts; water, sewer facilities; escrow accounts; retainage .................. SB 631

Counties; additional board of equalization; applicable population ............ HB 2041

Counties; at-risk children and youth services; decategorize; creation of

community innovation zones to reduce institutional placement .............. SB 430

Counties Between 10,200 - 10,350, 1980 Census; commissioners;

compensation......................................................... HB 1725

Counties Between 8,000 - 8,300, 1980 Census; board of elections............. HB 1759

Counties; boards of education; authority; certain cities, counties ............... SB 742

Counties; boards of education; member qualifies other office .................. SB 741

Counties; boards of elections; repeal Act applicable 1980 Census ............ HB 1558

Counties; boards of health; mental health services; study of................... SB 811

Counties; bond elections; binding statement; Cobb County .................... SB 838

Counties; bond elections; legal advertisement; DeKalb County................. SB 808

Counties; charitable grants; conditions; local advisory boards ........... ........ SB 86

Counties; chief executive officer, members; salaries; adjustments ............... SB 200

Counties; county manager office; counties not applicable ...................... SB 743

Counties; creation of a police force; special election; procedure .............. HB 1236

Counties; crime victim restitution payments; unclaimed funds

... HB 1721

Counties; health boards; composition; ex officio members ................... HB 2027

Counties; issuance of licenses to sell distilled spirits ........................ HB 1708

Counties; materials used in utility construction; acceptance of............... HB 1255

Counties; materials used water, sewer construction ........................... SB 119

Counties, Municipalities; abate illegal scrap tire operations ................. HB 1385

Counties, Municipalities; acquisition of abandoned railroad rights of way;

procedures ........................................................... HB 1689

Counties, Municipalities; contracts for municipal court services.............. HB 1362

Counties, Municipalities; fee for collecting moneys for state ................... SB 608

Counties, Municipalities; issuance of business licenses;

evidence of state licensure ............................................. HB 1718

Counties, Municipalities; jurisdiction; service of process .................... HB 1116

Counties, Municipalities; local option sales tax for education .................. SR 423

Counties, Municipalities; multiyear lease purchase contracts .................... SB 6

Counties, Municipalities; permits; fairs, festivals; food sales ................... SB 460

Counties, Municipalities; property acquired for lake purposes ............... HB 1667

Counties of More than 400,000; office of county treasurer ..................... SB 739

Counties of 400,000 or More; equalization boards; assessment services ....... HB 1114

Counties; planning, zoning; areas of inactive municipalities ................. HB 1408

Counties; property sale or disposition; bids, auction procedures

HB 1675

Counties; purchases over $5,000; public letting and bids ...................... SB 556

Counties; special 1% sales tax; other revenue for education .................... SR 65

Counties; special 1% sales tax; purposes; time limits; elections ............... HB 598

Counties; tax assessors; elections ............................... SB 44

Counties; tax executions; administration fees ................................. SB 56

Counties; tax officials; office business hours, days ............................ SB 291

Counties; taxes; ad valorem; finance services for at-risk children............... SB 424

Counties; taxes; ad valorem; homestead exemption; leased property ............ SB 440

Counties; taxes; school property tax; committee to study inequities

SR 173

Counties; taxes; special purpose sales tax; educational purposes;

amend Constitution ..................................................... SR 159

Counties; zoning proposal review procedures; separate planning commissions HB 825

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INDEX

3763

LOCAL GOVERNMENT (Continued)

County Constitutional Officers; minimum annual salaries ..................... SB 553

County Jail Fund; city contracts; fines, assessment, collection ............... HB 1149

County Jail Fund; manner in which money collected shall be paid............. SB 164

County Law Libraries; board of trustees; certain chief judges ............... HB 1861

County, Municipal Officers; ethics training requirements .................... HB 1648

County Official Newspaper; legal advertising; designation of................. HB 1545

County Real Estate Deed Records; inspection of computerized index ........ HB 1378

County Tax Digests; 3-year digest evaluation cycles; review,

approval, disapproval; tax collections; appeals; penalties

HB 1595

Development Authorities; board of directors; number of members ............ HB 666

Development Authorities; joint boards; transfer of assets ................... HB 1733

Development Authorities; projects; rehabilitation of land ..................... SB 583

Development Impact Fee Ordinances; system improvements;

additional term; conformance date ...................................... HB 1103

Downtown Development Authorities; redevelopment agencies; projects

HB 1102

Drug-free Recreation, Public Housing Residential Zones; create ............... SB 592

Elected Officials; election by plurality of votes cast........................... SB 306

Elections; candidate contributions; limitations .............................. HB 521

Elections; county registrars; appointment by governing authority

SB 807

Elections; deputy registrars; population of 500,000 to 600,000 ................. SB 832

Emergency Ambulance Providers; territorial zones; plan approval.............. SB 810

Emergency 911 Telephone Systems; require create local advisory board;

composition; responding public safety agencies........................... HB 1583

Environmental Protection Laws; enforcement authority; study of .............. SR 511

Ethics Training; amend Constitution to provide for all officers

HR 859

Excise Tax on Rooms, Lodging; conditions, requirements, limits............. HB 1212

Family Violence Community Task Forces; creation ........................... SB 703

Firearms; statewide regulation; preempt, prohibit local regulation............. HB 375

Firefighters' Bill of Rights; allegations; interrogation; inquiry.................. SB 296

Firefighters; uniform methods of training; committee to study................. SR 409

Governing Bodies; filling of vacancies in office .............................. HB 235

Hazardous Waste Facilities; proximity to adjoining county .................... SB 745

Hospital Authorities; contracts; purchasing methods; bids ..................... SB 562

Hospital Authorities; projects requested by other city or county ............... SB 294

Housing Authority Police; arrest powers; police services contracts ............ HB 231

Income Taxes; referendums for imposing; issuing call; elections ...... HB 1243

Indigent Health Care for Which Liable; domiciled pregnant women............ SB 716

Insurance Premium Taxes; fund streets, roads unincorporated areas

SB 372

Investments of Funds; risk management, self-insurance funds

... HB 602

Judicial Sales; legal advertisements; which newspaper advertises............... SB 431

Law Enforcement; officer training costs; reimbursement ...................... SB 750

Law Enforcement Officers; discipline actions; complaint review board

SB 203

Law Enforcement Officers; jurisdiction; emergency, crime scenes............... SB 674

Liability; use of posses, auxiliaries, voluntary law enforcement officers

SR 222

Litter Control; publicly provided garbage containers; violations

HB 1181

Local Constitutional Amendments, Acts Repealing; voter approval;

clarify meaning of HR 16 adopted 1991 .................................. HR 997

Local Legislation, Notice of; bill as originally introduced 1991................. SB 174

Military Practice Maneuvers in Residential Areas; notify residents

SB 15

Municipal Courts; judges; additional training exemption

SB 653

Municipal Elections; notice of intention of candidacy; filing ................... SB 578

Municipal Elections; qualifying; filing, fees; write-in candidates;

contested elections; persons assisting with absentee ballots ...

HB 1644

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3764

JOURNAL OF THE SENATE

LOCAL GOVERNMENT (Continued)

Municipal Water Companies; unpaid charges; landlord-tenant liability

SB 10

Municipalities; annexation of land; rezoning restrictions

SB 748

Municipalities; annexation procedures

HB 113

Municipalities; city clerks; training classes; expenses

HB 1107

Municipalities Less Than 8,000; violations on interstate highways ............. SB 218

Municipalities; local entities; employee retirement membership

HB 1229

Municipalities of 400,000 or More; binding ordinances; contracts

SB 129

Municipalities; solid waste landfills; permits; specified distance certain rivers SB 215

Municipalities; solid waste landfills; proximity to ground-water

recharge areas; site permits .............................................. SB 185

Municipalities; voter registration lists; 1990 census figures

SB 740

Notices from DHR of Proposed Special Treatment Facilities

HB 573

Officers of Court or County; funds held for third party; deposits .............. SB 799

Ordinances; alcoholic beverage, restricting possession in vehicles................ SB 52

Ordinances; pesticide use; prohibited; variance petitions

HB 1196

Ordinances; preferential tax assessment; extend to historic areas

SB 607

Ordinances Regulating Operating Motor Vehicles; use of seat belts

SB 395

Ordinances; relating to street gang activity and gang violence

SB 735

Ordinances; shore protection; certification; permitting authority

SB 725

Parking Tickets; unpaid fines; reports; nonissue vehicle license

SB 557

Pistols, Other Firearms Possession; regulate own employees

SB 778

Population Bills; redefine; when original application applies

SB 738

Public Officers; employment of relatives prohibited; penalty................... SB 482

Public Roads; permits for bus stop shelters; restrictions ...................... SB 616

Rails-to-Trails; local recreation purposes; encourage ........................... SR 25

Recycled Products; committee to study purchasing policies

SR 530

Regional Development Centers; employees; retirement membership .......... HB 1229

Regional Development Centers; nonprofit functions; expenses

SB 660

Revenue Bonds; fees charged persons for services made available

HB 1750

Revenue Bonds; projects financed Housing and Finance Authority

SB 600

Rezoning Actions; conflicts of interest; campaign contributions

SB 527

Rural Policy Study Committee; creating .................................... SR 266

Rural Telephone Cooperatives; offices in certain populated cities

HB 1694

Sales Tax; joint county, Municipal; call for referendum election ............. HB 1243

Services; delivery and financing; joint committee to study ................... HR 894

Solid Waste Facilities, Recycling; intergovernment contracts; loans

HR 732

Solid Waste Management; change provisions; local plans deadline; taxes,

fees, assessments; issuance of revenue bonds by authorities ............... HB 1386

Solid Waste Management; landfills; additional disposal restrictions

... SB 240

Solid Waste; management plans deadline; cost reimbursement fees;

use of surcharges; taxes, fees, assessments; local authorities

HB 1386

Special Services Districts; subdistricts; zoning procedures

SB 836

Surface and Air Transportation Regional Authority; creation by

contiguous counties; membership; powers; bonds; ordinance

HB 919

Tax Assessors; city-county boards; assessments, appeals, review

HB 1118

Tax Assessors, County Boards; computing property values; notices ............ SB 502

Tax Assessors; duties; taxpayer appeals; appraisal staff used

HB 1124

Tax Collectors, Commissioners; commissions allowed for collecting

intangible recording taxes.............................................. HB 2043

Tax Digests; recording of conservation easements; revaluation

HB 1388

Tax Officials; change certain duties; oath of office; liability

SB 617

Tax Officials; date for closing books; homestead exemption filing

SB 695

Tax Officials; school tax collection; funds retained ........................... SB 803

Refer to numerical index for page numbers

INDEX

3765

LOCAL GOVERNMENT (Continued)

Telephone Area Codes; prohibit dividing certain counties .................. SB 581

Traffic Engineering; speed detection device; permit applications ............ SB 551

Voter Registration; issuance of new cards required by court order or

reapportionment; reimbursement to counties............................. HB 1380

Water Irrigation Contractors; permits; statement of licensure

HB 559

Water or Waste-water Treatment Facilities; disposal of sludge ................ SB 752

Water Quality Management; establish trust fund; assessments, fees ............ SR 497

Water Systems; permits to operate; community economic analysis ............. SB 641

Wetlands Conservation Study Committee; continuation

HR 789

Workers' Compensation; group self-insurance funds; restrictions

SB 723

Zoning Proposal Review Procedures; counties of 500,000 or more ............ HB 2045

LOGAN, BEN JESS, SR. MEMORIAL BRIDGE; designate in Gilmer County ......................................................... SR 366

LOOKOUT MOUTAIN JUDICIAL CIRCUIT

Assistant District Attorney; applicable population provisions

HB 1157

District Attorney; authorized hire certain personnel ........................ HB 1084

Superior Court; fourth judgeship; Catoosa, Chattooga, Dade,

Walker Counties ....................................................... HB 354

Superior Court; judges; supplemental expense allowance .................... HB 1158

LOTT, EDITH ELIZABETH; commend

SR 563

LOTT, REVEREND ROBERT J.; commend

SR 427

LOTTERIES

Amend Constitution to allow a State Lottery .................................. SR 7

Georgia Lottery for Education Act; enact

HB 1541

Printed Materials, Equipment; manufactured for use outside state

SB 475

Sales Tax Exemption; sale of lottery game tickets

HB 1541

State Proceeds; clarify mandatory appropriations for education

SR 437

State's Authority to Operate; resubmit question to voters 1996

SR 359

LOUGHRAN, GENE WILLIAM, BRUNSWICK COLLEGE Outstanding Scholar; commend. ............................................ SR 574

LOWNDES COUNTY Ad Valorem; interest on unpaid taxes; update population figure Ad Valorem; time for making tax returns; update Census figures Board of Education; election districts; reapportion Board of Elections; repeal Act applicable 1980 population Property Conveyance; Wetherington/Coleman property dispute Superior Court; provide for fifth judgeship

HB 2088 HB 2085 HB 2106 HB 1558
SR 381 SB 776

LUMPKIN COUNTY

Enotah Judicial Circuit; creation; composition of circuit

HB 1288

Lumpkin County Water and Sewerage Authority; membership;

mayor of Dahlonega; terms; quorum .................................... HB 1985

Refer to numerical index for page numbers

3766

JOURNAL OF THE SENATE

M

MACON, CITY OF

Housing Authority; composition; update population bracket................. HB 1951

Macon City Officials and Cherry Blossom Festival; commend ................. SR 428

Macon Housing Authority; convey National Guard Armory property ........... SR 474

Macon Water Authority Act; enact; reapportion boundaries ................. HB 1913

Property Conveyance; disposition of Labor Department property

HR 778

MADISON COUNTY

Ad Valorem Taxes; homestead exemption; elderly residents; referendum

HB 1498

Board of Commissioners; election districts; reapportion ..................... HB 1887

Board of Education; election districts; reapportion ......................... HB 1888

MAGAZINES, PERIODICALS; telephone solicitation; validity of agreements ............................................................... SB 408

MAGISTRATE COURTS Bail Bonds; failure to appear; forfeiture procedures ........................ HB 1706 Civil Actions; filing fee; fund judicial education and training ..... SB 518 Civil Cases; additional filing fees; indigent defense funding ................... SB 714 Council of Magistrate Court Judges; designee; County Probation Advisory Council ..................................................... HB 1607 Judges; gratuities for performing marriage ceremonies ........................ SB 495 Jurisdiction; enforce county ordinances; mobile home permits ................. SB 783 Jurisdiction; mobile home permit, decal violations ........................... SB 617 Magistrates' Retirement System; establish; bill as introduced ................ HB 912 Prosecution; violations of mobile home decal requirements .................. HB 1927

MALLARD, GRADY; designate bridge for, north of City of Waynesboro

HR 845

MALOOF, ELLIA A.; condolences to family ....................... SR 519

MALPRACTICE (See Medical Malpractice or Medical Practice)

MAMMOGRAMS AND PAP SMEARS; health insurance coverage for females at risk ............................. HB 538

MANNING, MILDRED AND MILDRED'S CAFE; recognize

SR 583

MANUFACTURED HOUSING Mobile Homes; decal violations; prosecution in magistrate courts ............ HB 1927 Revise Standards Code; Georgia Manufactured Home Recovery Act ........... SB 509 Vehicles Transporting; excess dimensions; single-trip permits ............... HB 1459 Vehicles Transporting; excess diminsions; single-trip permits .................. SB 611

MANUFACTURERS

Ad Valorem Taxes; freeport exemption; qualifying materials, goods .......... HB 1286

Air Pollutants; industrial emissions; environmental compliance .............. HB 1439

Commercial Feeds, Pet Food; regulation of; prohibited acts ................. HB 1200

Factory Built Buildings; Georgia Manufactured Home Recovery Act ........... SB 509

Factory Built Homes; dealers, installers; licensure; regulate ................. HB 1039

Flags or Bunting; material flammability standards ........................... SB 117

Hazardous Products, Processes; Sunshine in Litigation Act ................... SB 610

Industrialized Buildings; factory built; standards; violations ................. HB 1284

Job Creation and Retention for Georgians Study Committee .................. SR 529

Lottery Materials, Equipment; manufactured for use outside state

SB 475

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INDEX

3767

MANUFACTURERS (Continued)

Manufactured Housing Inspection Fees; increase ........................... HB 1297

Motor Vehicle; filing of warranties; repeal requirement ....................... SB 505

Packaging Components; toxicity of waste; heavy metals levels

HB 124

Processing Equipment; toxic material users; preventing pollution .............. SB 645

Product Liability Hazards; Sunshine in Litigation Study Committee .......... . SR 512

Recycled Products; market development, technology; study of................. SR 530

Sales Representatives; contracts for services; commissions..................... SB 639

Sewage Management Systems; on-site, individual treatment plants;

approval for use in state

HB 1609

Toy Products; urge industry design, promote positive values

SR 551

Tractor, Farm, Heavy Equipment, Motor Vehicles; business practices

SR 486

Trade Secrets; theft; offense of misappropriation defined

SB 320

MARIETTA, CITY OF; Roosevelt Circle Revitalization Program; commend SR 481

MARIJUANA

Drug Trafficking; juveniles; designated felony act defined; prosecution

HB 87

Drug Trafficking; quantity involved; punishment; mandatory imprisonment

HB 86

Possession; driver's license; period of suspension

SB 290

Possession; driver's license suspension; restoration fees ....................... SB 505

MARRIAGE; judges performing ceremonies; gratuities as personal income

SB 495

MARRIAGE AND FAMILY THERAPISTS (Also See Domestic Relations or Professions or Psychotherapists) Composite State Board; termination provisions .............................. SB 535

MARSALIS, WYNTON; honoring .......................................... SR 478

MARTA

Annual Report and Payments Lists; notice of availability

HB 218

Bus Stop Shelters; permits; conditions and requirements

SB 616

Costs Incurred Complying Certain Regulations; use of revenues

HB 1469

Police, Security; qualifications; immunity; jurisdiction; arrest powers .......... HB 219

Police, Security; qualifications; immunity; powers; jurisdiction

HB 659

Public Transit Bus, Rail, Terminal; unlawful to sell, make altered tokens,

transfers, transaction card to gain entry................................. HB 1471

Reserve Funds; use of interest income for operating costs.................... HB 221

State and Federal Appropriations; eligibility; disbursement

HB 586

MARTIN, ERIN ELIZABETH, 4-H NATIONAL CHAMPION; commend ................................................................ SR 460

MARTIN, MS. LYNN; U.S. Secretary of Labor; introduced, remarks........ Page 1313

MATHIS, JULIUS; expressing regrets at passing ............................ SR 494

MCDONNELL DOUGLAS CORPORATION, PLANT MANAGER DON POPE; commend .................. SR 579

MCDUFFIE COUNTY Hospital Authority; terms; vacancies; selection criteria...................... HB 2075 Motor Vehicle Registration; designated periods ............................ HB 1100

MCGRADY, CHARLES W.; elected to State Transportation Board.

Page 175

MCINTOSH COUNTY Board of Elections; provide successor to board created 1976 Board of Elections; repeal Act using 1980 Census figures Industrial Development Authority; continuation; referendum

HB 1720 HB 1759 HB 2071

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3768

JOURNAL OF THE SENATE

MCINTOSH COUNTY (Continued) Superior Court; provide for two terms of court; grand jury

HB 1618

MCTYRE, J.E. "TED", PARKWAY; designate through City of Dallas ....... HR 713

MECHANICS' AND MATERIALMEN'S; Liens; contracts, improve residential property; persons entitled ....................................... SB 498

MEDIA, NEWSMEDIA, TV, CABLE, RADIO, NEWSPAPERS Insurers; duty to publish notice of rate filing Judicial Sales; legal advertisements; which newspaper advertises The Georgia Register; provide; publication of governmental actions

SB 28 SB 431 SB 379

MEDICAID (Also See Public Assistance or Social Services)

Chronically 111; long-term care; study of issues and costs

SR 373

Expenditures for Nursing Facility Care; reimbursement; study of

SR 465

Health Providers Who Terminate Participation; penalty

SB 680

Insurance; direct response advertisers; unnecessary coverage ................. HB 904

Medical Equipment or Prosthetic Devices; exempt state sales tax

HB 332

Mental Health Services; state commission to study........................... SB 811

Nursing, Long-term Care Facilities Withdrawing from Program

SB 681

Prescription Drugs; prior authorization requirements

SB 234

Services; use of moneys from Indigent Care Trust Fund

HR 840

Welfare Reform Study Committee

SR 528

MEDICAL COLLEGE OF GEORGIA; School of Nursing Day; designate................................................................. SR 523

MEDICAL EXAMINERS, CORONERS (Also See Public Officers)

Anatomical Gifts; limitations when inquiry required

HB 1929

Autopsies; consent requirements; deceased person's family; exception

.SB 3

Coroners; qualifications; age, training; death investigations ..................... SB 33

Death Certificates; filing; disposition permits; time period .................. HB 1534

Death Investigations; autopsies; limited dissection; suspicious deaths,

report of persons admitted hospitals unconscious state ..................... SB 322

Death Investigations; autopsy; tissues retained for additional study ............ SB 302

MEDICAL MALPRACTICE

Litigation; product safety hazards; study of public disclosure.................. SR 512

Torts; liability limits; uncompensated medical care, health clinics.

HB 681

MEDICAL PRACTICE (Also See Professions and Businesses)

Audiologists; licensed; dispensing of hearing aids ........................... HB 1434

Chiropractic Students; scope of practice; education requirements

SB 761

Chiropractors; clinical lab exams; insurer not required reimburse

HB 328

Clinical Laboratory Services; regulate billing, excess charges

SB 462

Composite State Board of Medical Examiners; composition

SB 469

Composite State Board of Medical Examiners; termination provisions.......... SB 535

Controlled Substances Therapeutic Research Act; unauthorized use

HB 1187

Dead Bodies or Body Parts; unlawful incineration or cremation

HB 1203

Dental Hygienists Licensing Study Committee; create

SR 277

Dentistry; practicing without a license; felony penalty ...................... SB 159

Durable Agency for Health Care; agent powers; statutory form

SB 606

EMS Technician, Paramedic; recertification; remove certain standard

.SB 365

Family or Medical Work Leave; state employees entitlement

SB 831

Health Care Insurance; minimum coverage under model basic plan

SB 603

Health Care Reform; urge Congress enact a national plan

HR 711

Health Insurance Claims; preferred providers; payments

SB 677

Health Insurers; uniform or standard claim form requirements

SB 846

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INDEX

3769

MEDICAL PRACTICE (Continued)

Indigent Health Care for Which Counties Liable; pregnant women

SB 716

Indigent Health Care; moneys from trust fund to expand services ............ HR 840

Inducement to Attract Patients; deceptive practice; advertising

waive insurance deductible............................................. HB 1347

Infertility Treatment, In Vitro Fertilization; insurance coverage ............... SB 259

Living Wills; revise form; new language; witnesses

HB 968

Mammograms, Pap Smears, Prostate Tests; insurance coverage

HB 538

Medical Equipment, Prosthetic Devices Paid by Medicare, Medicaid;

sales tax exemption ............................ ....................... HB 332

Midwifery; certification program; committee to study

SR 253

Midwifery; practice without certificate of authority; penalty ...... .......... SB 194

Nurses; Georgia Practical Nurses Practice Act; enact

SB 599

Nurses; transporting biomedical products or body fluid waste; exempt

placarding requirements for vehicles

HB 1570

Obstetrics Study Committee; creating ......................... .............. SR 20

Opticians, Optometrists, Physicians; prescribing contact lenses

SB 598

Organ Procurement; Anatomical Gift Act; revise provisions

HB 1929

Patients; candidate for nonresuscitation; procedures

SB 815

Patients; coma or vegetative state; living wills; form; effect

SB 605

Patients; records; access by long-term care ombudsman programs

SB 87

Patients; terminally ill; hospice care; pronouncement of death

SB 693

Pharmacy Prescription Orders; use of facsimile or telecopiers

SB 619

Physical Therapy; regulate practice of .................................... HB 1574

Physician's Assistants Advisory Committee to State Board; expenses

SB 468

Physicians; duty to certify death certificates within 48 hours .................. SB 354

Physicians; early detection of prostate cancer; urge testing

SR 524

Physicians; fees; allowable charges under workers' compensation ............ SB 687

Physicians, Licensed Psychologists; evaluation of incapacitated adults;

compensation ......................................................... HB 1175

Physicians Rendering Indigent Prenatal Health Care; tax adjustment .......... SB 356

Physicians; state board to contract for impaired physicians programs

SB 159

Podiatrists; activities constituting practice of podiatry

HB 1580

Preferred Provider Arrangements; coinsurance percentages; routine

physical exams .............................................. .......... SB 292

Psychologists; scope of practice relating to mental health treatment .......... HB 408

Psychotherapists; sexual assault against persons under care ................. HB 1523

Rural Hospital and Health Care Study Committee ........................... SR 590

Surgery or Invasive Procedures; licensed persons............................. SB 159

Uncompensated Medical Care, Preventative Health Screening Clinics;

extend immunity from liability .......................................... HB 681

Workers' Compensation Injuries; selecting physicians panel; composition;

release of treatment records............................................ HB 1679

Workers' Compensation Injuries; treatment; restrictions ...................... SB 629

MEDICARE SUPPLEMENT INSURANCE

Benefits; waiting period for pre-existing conditions

SB 722

Regulation of Issuers, Policies, Benefits, Marketing Practices.................. SB 564

MENTAL HEALTH

Alcoholics, Drug Users; proposed treatment facility; requirement

....... HB 573

Central State Hospital; certain retirees; exempt certain charges

..... SB 465

Child Support; orders; parents' obligation to age of majority

SB 360

Criminal Proceedings; pleas of insanity or mental incompetency

HB 1776

Employees of DHR Mental Retardation Service Centers; health benefits

SB 444

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3770

JOURNAL OF THE SENATE

MENTAL HEALTH (Continued)

Firearms; deterring purchase by prohibited persons; study of.................. SR 299

Firearms Licensure; applicants; certain patients ineligible

SB 45

Incapacitated Adults; guardianship hearings; physician, psychologist

expenses ............................................................. HB 1175

Mental Illness; emergency evaluations; clinical social workers

HB 1068

Mental Illness; inpatient treatment; gravely disabled persons

SB 532

Mentally 111 or Retarded Child; delinquent or unruly; disposition

HB 1549

Mentally 111 or Retarded Child; juvenile court disposition proceeding

SB 833

Mentally Retarded Person; petitions for rehabilitation services

HB 1828

Mentally Retarded; redefine as to criminal proceedings and plea

SB 421

Outpatient Treatment Centers; employee line-of-duty injuries

HB 1979

Outpatient Treatment; defendant placed by court; release condition

SB 473

Patient Cost of Care Act; assessment against assets; procedures

SB 790

Patients; rights to suitable treatment; psychologists scope of practice;

discharge; discharge procedures

HB 408

Personal Care Homes; unlicensed; patient referral restrictions ................. SB 669

Persons Involuntarily Hospitalized; ineligible to purchase firearms;

release of records to Georgia Crime Information Center .................... SB 150

Probate Court Hearings; costs, fees, expenses; out-of-county patient;

exams of incapacitated adults ........................................... HB 213

Psychotherapists; sexual assault against persons under care

HB 1523

Service Delivery, Continuity of Care; state commission to study

SB 811

MERCER MEDICAL COLLEGE STUDENTS; introduced

Page 940

MERCURY; toxicity of waste in packaging; regulate ......................... HB 124

MERIT SYSTEM

Civil Service Exams; veterans' preference; Gulf War active duty

SB 552

Classified Service; chaplains; reinstate or create positions

SB 471

Classified Service; clinical chaplains; correctional institutions

SB 503

Classified Service; employees on-call status; pay on weekends

SB 24

Drug Testing of Safety Sensitive and Critical Personnel Act of 1991

HB 933

Employees; classified service; breaks during each 8 hour shift

SB 558

Employees; ethics and conflicts of interest; political activities .................. SB 23

Employees; family or medical work leave; procedures......................... SB 831

Employees; hazardous chemical exposure; editorial changes; delete

training; fees and charges .............................................. HB 2029

Employees in High Risk Jobs; drug testing; amend rules, policies

SB 459

Employees; permanent status; grievances; filing procedures ................... SB 106

Employees; retirees; parttime service; earnable compensation

HB 309

Personnel; compensation, career advancement; committee to study

SR 420

Public Safety Personnel; certain unclassified service ........................... SB 17

MERIWETHER COUNTY; Property Conveyance; conveying state-owned property in boundary line discrepancies; repeal 1984 Act

SR 375

METHAMPHETAMINE; felony offense of trafficking ........................ SB 834

METROPOLITAN AREA PLANNING AND DEVELOPMENT (See Development Authorities or Authorities)

MIDWIFERY PRACTICE

Committee to Study; prenatal care; certification of midwives .................. SR 253

Practice Without Certificate of Authority; felony penalty

SB 194

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INDEX

3771

MILITARY AFFAIRS (Also See Veterans)

Adjutant General, Department of Defense; ex officio member, Georgia

Military College Board of Trustees ........................................ SB 461

Armed Forces Active Duty Members, Retirees; special license plates

SB 351

Armed Forces Veterans Post Headquarters; ad valorem tax exemption . . . ...... SB 280

Desert Storm Monument Commission; creating .............................. SR 250

Emergency Management; rescue organizations; licensure ...................... SB 626

Georgia Emergency Management Agency; separate agency created ............. SB 595

License Plates; disabled veterans, spouse; joint owned vehicle

SB 568

License Plates; special; certain military retirees, reservists .................... SB 505

License Plates; special; emergency management personnel

SB 737

License Plates; special; National Guard, spouse of members

SB 733

License Plates; special; reservists serving units adjoining state

HB 1445

License Plates; special; salute to war veterans ............................... SB 717

Military Practice Maneuvers in Residential Areas; notify residents ............. SB 15

National Guard Reservists; special license plates .............................. SB 81

Soldiers' and Sailors' Civil Relief Act of 1940; stay of proceedings

HB 720

Veterans' Driver's License; change qualifications .............................. SB 69

Veterans' Driver's Licenses; qualifications ................................... SB 199

Veterans' Driver's Licenses; redefine persons eligible ......................... SB 555

Veterans' Employment Preference; certain Gulf War active duty .............. SB 552

MILLEDGEVILLE-BALDWIN COUNTY TOURISM GROUP; introduced............................................................. Page 1561

MILLEDGEVILLE, CITY OF Elections; members, board of trustees, Georgia Military College ............... SB 461 Milledgeville-Baldwin County Chamber of Commerce; commend............... SR 548 Property Conveyance; authorize sale of surplus DHR property ................ SR 363

MINES AND MINERALS

Liming Materials Act of 1992; enact ........................................ SB 521

Surface Mining Operations; permits; land reclamation requirement

SB 523

MINORITIES Black Males, Governor's Commission on the Social Status; creation............. SR 12 Disadvantaged Business Enterprises; bids; DOT subcontractors................. SB 14 Education and Employment; task force to study access, inequities ............. SR 522 Education; office of minority educator recruitment; creation................... SB 433 Housing; sale, rental, financing; discriminatory practices ...................... SB 615 Judicial Nominating Commission; provide candidate recommendations ......... SB 295 Minority Businesses; contracts with Georgia Lottery Corporation ............ HB 1541

MINORS

Abandoned Vehicles; offense of leaving accessible to children ............... HB 1156

Adoption Petitions; child-placing, investigating agencies; duties

HB 1599

AFDC Children; requirements for public assistance; immunization

against diseases ....................................................... HB 1312

AFDC; families receiving public assistance; educational assistance ............. SB 198

AFDC Recipients; age 16 or over; eligibility; school attendance,

job training apprenticeships ............................................ HB 1931

AFDC Recipients; GIERA insurance and education investment trust............. SB 8

AFDC Recipients of Public Assistance; school attendance required

SB 7

AFDC Recipients; parental training; create family resource centers ............ SB 422

Alcoholic Beverages; entry onto premises where sold prohibited

HB 2015

Alcoholic Beverages; possession; license suspension; reinstatement conditions HB 150

Alcoholic Beverages; possession open container in vehicle; penalty

SB 156

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3772

JOURNAL OF THE SENATE

MINORS (Continued)

At-Risk Children and Youth; resources; decategorize program;

create community innovation zones; reduce YDC placements ................ SB 430

At-Risk Children and Youth; resources, services; goals and policies ............ SB 104

At-Risk Children; county services; property tax levy; special fund

SB 424

At-risk Children, Juvenile Offenders; supervision, detention, rehabilitation

SB 833

Beauty Pageants; operator requirements; violations; remedies ............... HB 1978

Bicycles; safety equipment, protective headgear, secured seats

SB 634

Birth Certificates; adoptees; persons born outside state ....................... SB 601

Birth Certificates; parent's social security number required ................. HB 1401

Boxing and Wrestling; professional matches; restrict as contestants

HB 9

Child Care Before and After School; authorize certain programs............... SB 744

Child Custody; best interest of child criteria................................. SB 210

Child Custody Cases; appeal procedures; applications

SB 542

Child Custody; parents' choice to use joint custody agreement

HB 1528

Child Custody; parents; residency changes; required notices ................. HB 1814

Child Custody; surrogate parentage contracts

SB 1

Child Molestation; persons sentenced; parole limitations

SR 352

Child Support; amount computed net income; special circumstances

SB 19

Child Support; education financial assistance to age 21; factors

SB 380

Child Support; enforcement cases; duties of district attorneys

HB 1815

Child Support Guidelines; consideration of both parents income

SB 711

Child Support; health care; postsecondary education assistance

SB 360

Child Support; health insurance premiums; payroll deduction ............... HB 1276

Child Support; locating absent parents; use of certain records ............... HB 1277

Child Support; parties to pay court cost, sheriffs service fees ............... HB 1687

Child Support; payments until child completes education ................... HB 1519

Child Support; unemployed parents owing; orders for job training

HB 426

Child Support; use of information on birth certificates ..................... HB 1401

Childcare; school age children; authority of public schools

HB 1356

Children and Youth Legislative Overview Committee; creation ................ SB 105

Children and Youth Services Department; creation

SB 833

Children and Youth Services Department; creation

HB 1549

Children, Youth and Family Services Department; creation

SB 355

Children's Code Study Committee; condense laws under single title............ SR 273

Children's Trust Fund; state tax on consumer rental, motion pictures,

video recording, cassettes; amend Constitution ............................. SR 230

Cigarettes and Tobacco Products; prohibited sales or purchases ............... SB 256

Cigarettes, Tobacco Products; prohibited transactions under age 18............ SB 248

Civil Actions; actions behalf of injured minor child; time period

SB 305

Day Care and Early Education; urge increased funding

SR 573

Delinquent or Unruly Children; treatment and placement; parties who

may provide information; petitions; hearing ............................... SB 434

Deprived Children; placement in foster care; periodic case review

HB 519

Deprived Children; placement in foster care; periodic case review

SB 315

Deprived Children; placement in foster care; periodic case review

SB 303

Domestic Violence, Commission on; create .................................. SR 286

Drug Trafficking; commission of a designated felony act; prosecution;

confinement; restrictive custody; drug treatment ........................... HB 87

Drug Trafficking Near Schools; counterfeit substances; felony ................. SB 676

Drug Trafficking; using persons under age 17; felony penalty.................. SB 593

DUI Alcohol, Drugs; suspend driving permit; reinstatement conditions

SB 505

Education; alternative choice programs; admission requirements ............... SB 780

Education; attendance in school system where parents employed

SB 533

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INDEX

3773

MINORS (Continued)

Education; enrollment eligibility; change date reached age ................... .SB 775

Education; enrollment eligibility; social security number ...................... SB 507

Education; foreign language credit; sign language proficiency .................. SB 757

Education; high school credit; job training apprenticeships

HB 1931

Education; high school general programs; funding ............................ SB 411

Education; postsecondary; tuition scholarships; financial need based ............ SB 31

Education; postsecondary; tuition scholarships; financial need based ............ SB 37

Education; remedial instruction; expand eligibility for services ................. SB 32

Education; school-based health clinics; parental consent ...................... SB 477

Education; school property, vehicle; prohibit weapon, explosives

SB 563

Enticing Child for Indecent Purposes; multiple convictions

HB 1185

False Identification Documents; sales to a minor; penalties

SB 732

Family Violence; state commission created to address problems ............... SB 703

Firearms Protection for Minors Act; offense of criminal storage .............. HB 277

Grandparents; visitation rights; determining factors .......................... SB 759

Gun Safety Training; urge campaign to educate adults ....................... SR 576

High School Graduates; college preparatory warranty program

SR 399

High School Students; postsecondary options; early enrollment credit

SB 417

Immunization; preschool age child; public assistance eligibility .............. HB 1312

Juvenile Courts; office of senior judge created .............................. HB 572

Juvenile Delinquency Case; record inspection; fingerprint, photo file .......... HB 683

Juvenile First Time Offenders; court ordered counseling .................... HB 1977

Juvenile Justice Services; community based services for commitment

of juveniles; subsidies; incentives ......................................... SB 378

Juvenile Proceedings; delinquency or deprivation; hearings, records,

files; public inspection, disclosure conditions............................... SB 260

Juvenile Proceedings; inspection of court records, files........................ SB 492

Juveniles Committed Custody DHR; expenses; parents reimburse

HB 1598

Lead Poisoning Prevention Study Committee ................................ SR 224

Lottery Tickets; sales to persons under 18 years; prohibitions ............... HB 1541

Medical Insurance; obtaining in cases of certain guardianships .............. HB 1238

Motorcycle Riders, Passengers; protective headgear requirements .............. SB 247

Paternity; established by written statement of parents ....................... SB 565

Paternity; evidence; birth certificate, putative father registry ................ HB 1277

Preschool Children with Special Needs Fund; voluntary contributions

from income tax refunds .............................................. HB 1542

School Dropouts; implement remedial program using student tutors ........... SB 216

Sex Education; curriculum content; appropriateness of materials ............ HB 1837

Sex Education; prescribed courses to prevent pregnancy, disease .............. SB 330

Sexual Abuse in Childhood; damage actions; period of limitation

HB 1968

Sexual Abuse Victims; closed circuit TV testimony; evidence ........ SB 29

Sexual Offenses Against Children; sentencing; limit parole .................. HB 1607

Sexual Offenses; victim or witness; closed circuit TV testimony ................ SB 70

Sexual Offenses; victims under age 16; exclusion, limitation on prosecution HB 240

Smoking, Tobacco Use by Students Prohibited School Property, Bus

HB 275

Students At Risk and Dropouts; alternative educational programs ............ HB 744

Students; at-risk, high school drop cuts; alternative programs ................. SR 189

Students; victims of crimes; reports to Crime Information Center ........... HB 1296

Teenage Pregnancy Prevention Task Force; creation ......................... SR 526

Toy Manufacturers; urge promote positive values in toy products

SR 551

Water-related Activities; urge schools adopt safety programs .................. SR 482

Watercraft; rental or lease restrictions for certain vessels ..................... SB 474

MINTZ, GEORGE AND MRS. COLA MINTZ; commend

SR 517

Refer to numerical index for page numbers

3774

JOURNAL OF THE SENATE

MISDEMEANOR OFFENSES

Election Campaign Expenditure Limitations; violations; penalty ............... SB 239

Municipal Courts; jurisdiction; criminal trespass cases ...................... HB 1211

Offense of Cruelty to Animals; criminal penalties .......................... HB 1691

Possession, Controlled Substance, Marijuana; driver license suspended

SB 290

Probated, Suspended Sentences; supervision; Department of Corrections . . . . . HB 1607

Reptiles; poisonous; use in religious services prohibited ........................ SB 21

MITCHELL COUNTY Board of Commissioners; election districts; change composition.............. HB 1359 Board of Education; election districts; reapportion; implement consent decree ............................................................... HB 1366 Jimmy Autry; designate new Correctional Institution to honor ............... HR 734

MOBILE HOMES (Also See Buildings and Housing)

Ad Valorem Taxes; location permits, decals; failure to attach ................. SB 783

Ad Valorem Taxes; location permits; due dates; decal violations ............... SB 617

Manufactured Homes; standards; warranty; damages; recovery fund

SB 509

Owners, parks, associations; regulation of ................................... SB 228

Vehicles Transporting; excess diminsions; single-trip permits

SB 611

MOHAMMED, IMAM W. DEEN; commend ................................ SR 504

MONROE, CITY OF City Administrator; appointment; duties; bond; retirement board Mayor and Councilmembers; election districts; reapportion; terms

HB 1969 HB 1970

MONROE COUNTY Board of Commissioners; election districts; reapportion ..................... HB 2023 Probate Court; jurisdiction; misdemeanor cases ............................ HB 1045 Property Conveyance; power line easement; Central Georgia EMC ............. SR 407 Superior Court; provide third judgeship; salary supplement ................. HB 2094

MONTGOMERY COUNTY; designate; Edward C. Moses Highway .......... HR 946

MONTICELLO, CITY OF; City Manager; appointment; delete references to city treasurer .............................................. HB 2019

MORAST, SAMUEL FRANK JR., HIGHWAY; Muscogee County

HR 653

MORGAN COUNTY Alcoholic Beverages; license to sell; restaurants, private clubs ............... HB 1533 Board of Commissioners; election districts; reapportion ..................... HB 1832 Board of Education; election districts; reapportion ......................... HB 1833

MORROW, CITY OF City Commission; repeal 1982 Act fixing compensation ....................... SB 758 City Officials; compensation; repeal Act according 1980 Census .............. HB 2001

MORTGAGES (See Property or Banking)

MOSES, EDWARD C., HIGHWAY; designate; Hwy 56, City of Uvalda

HR 946

MOTOR FUEL AND ROAD TAX (Also See Revenue and Taxation)

Amend Constitution; revenues; use for any transportation purpose ............ SR 348

Dealers, Vendors Compensation Fee for Collection; change amount .......... HB 1146

Define Vehicles; carriers, withholding registration; refunds,

employees of foreign governments ........................................ SB 699

Federal Nonconventional Tax Credit for Alternate Fuels; urge extend.......... SR 105

Motor Carrier Road Tax; vehicles more specifically defined

HB 1307

Transportation Trust Fund; creation; amend Constitution .................... SR 477

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INDEX

3775

MOTOR VEHICLE EMISSION INSPECTIONS AND MAINTENANCE ACT; counties with excess ozone pollution levels; recodify; amend................. HB 1440

MOTOR VEHICLES AND TRAFFIC

Accident Reporting; filing of claims; time limit .............................. SB 764

Ad Valorem Property Tax; heavy-duty construction equipment

HB 1279

Ad Valorem Property Tax; heavy-duty construction equipment.............. HB 1460

Ad Valorem Property Taxation; heavy-duty equipment vehicles

HR 715

Administrative Division of Georgia State Patrol; creation ...................... SB 74

Alcoholic Beverages; open containers; penalties for possession

SB 156

Alcoholic Beverages; open containers; possession while driving

SB 52

Alternative Fuel Usage; study potential to improve air quality ............... HR 950

Auto Fuel Energy Economy Standards; urge Congress reject CAFE

SR 490

Auto Rental Companies; require vehicle registration, licensing

SB 307

Automobile Collision Repair Shops; commission to study licensing ............. SR 351

Beaches, Sand Dunes; motorized vehicles prohibited; exception................ SB 725

Bicycle Riders; riding on roadways; designated bicycle paths

HB 1447

Bicycles; safety equipment; riding, carrying children; paths ................... SB 634

Buses for Hire; civil actions; presumption of negligence repealed

HB 1470

Buses; school; equipment; outside flashing strobe lights

HB 1974

Buses; school; maximum speed limit; tire equipment

HB 245

Buses; school; offense of homicide by vehicle; failure to stop

SB 646

Certificate of Title; transfer requirement; new, used car dealer ................ SB 505

Certificates of Title; filing; change fees .................................... HB 1145

Code Revision; licenses; titles; plates; equipment; ID cards; DUI clinics;

habitual violators; special fees ............................................ SB 505

Commercial Vehicles; offenses disqualifying persons from driving .............. SB 505

Controlled Substance Violations; vehicles subject seizure, forfeiture ............. SB 73

Driver Improvement Clinics and Instructors; licensing criteria

HB 245

Driver Improvement Clinics or DUI Risk Reduction Programs;

business solicitation restrictions ........................................ HB 1582

Driver Training Schools; operator, instructor; licenses; bonds.................. SB 765

Driver Training Schools; two-year licenses; fees; minimum surety bond

HB 824

Driver's License; applications; fingerprint records requirements ................. SB 75

Driver's License; commercial; federal deadline; urge extend date............. HR 1170

Driver's License; commercial; licensing of driver training schools ............. HB 824

Driver's License; comprehensive revision, modernization ..................... HB 245

Driver's License; comprehensive revision of all fees......................... HB 1145

Driver's License; DUI violations; suspension; reinstatement ................... SB 489

Driver's License; habitual violators; probationary license revoked .............. SB 636

Driver's License; habitual violators; surrender license to officer ................ SB 505

Driver's License; ID number; applications for firearms license .................. SB 45

Driver's License; ID required check transactions; restrictions ................... SB 11

Driver's License; issuance; qualifying armed forces veterans

SB 199

Driver's License; migrant farm workers; exemption ........................... SB 505

Driver's License; points and fines assessed; order to attend driver

improvement program ................................................. HB 1275

Driver's License; points assessment; open container of alcohol.................. SB 52

Driver's License; probationary; change certain requirements

SB 487

Driver's License; reinstatement; completion of DUI clinics, programs

approved other states ................................................. HB 1508

Driver's License; special; veterans; clarify requirements

SB 555

Driver's License; suspended or revoked; driving violations; municipal

court authority ....................................................... HB 1216

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3776

JOURNAL OF THE SENATE

MOTOR VEHICLES AND TRAFFIC (Continued)

Driver's License; suspension; controlled substance, marijuana possession

SB 290

Driver's License; suspension; drug-related offense; reinstatement

SB 505

Driver's License; suspension; failure to timely pay traffic fines

SB 278

Driver's License; suspension; failure to timely pay traffic fines

SB 191

Driver's License; suspension for DUI; conditions for return

SB 596

Driver's License; suspension; mandatory; fraudulent applications;

commercial application fees, exempt inmates ............................ HB 1462

Driver's License; suspension; mandatory; reinstatement conditions ............. SB 505

Driver's License; suspension period; DUI; habitual violator; pleas

SB 274

Driver's License; suspension; person under age 21; alcohol possession

HB 150

Driver's License; suspension; refuse chemical test; serious accidents

HB 451

Driver's License; suspension; restoration; approved courses

SB 579

Driver's License; suspension; time period; DUI convictions; fines .............. SB 665

Driver's License; suspension; 2nd conviction; reinstatement period ............. SB 277

Driver's License; veterans; qualifications ..................................... SB 69

Driver's License; vision standards; special license plates ....................... SB 81

DUI; additional penalty; deposit Crime Victims Emergency Fund

SB 524

DUI; alcohol concentration level; change presumptive level

SB 275

DUI; alcohol concentration level; lower presumptive level

SB 113

DUI; alcohol concentration level; lower to 0.05 grams.......................... SB 91

DUI; alcohol concentration level of 0.10 grams; presumption

SB 111

DUI Alcohol or Drug Use Reduction Programs; operators, instructors,

criminal record checks; fees; corrections facilities.......................... HB 358

DUI; chemical tests for alcohol or drugs in blood ............................ SB 528

DUI; driver improvement clinics; restrict solicitations ....................... HB 494

DUI; habitual violators; period of license suspension; fines .................... SB 665

DUI; habitual violators; revocation of probationary license .................... SB 636

DUI; offense of endangering a child while transporting; penalty ............... SB 487

DUI; offense of habitual impaired driving; felony penalty

SB 487

DUI; persons convicted multiple times; punishment .......................... SB 273

DUI; persons under age 21; penalty; complete DUI Alcohol Program

HB 150

DUI; plea of nolo contendere; eliminate in drunk driving cases ................ SB 478

DUI; plea of nolo contendere; restrictions on acceptance...................... SB 516

DUI; plea of nolo contendere; restrictions on acceptance ...................... SB 640

DUI; prosecution; defendant's request for trial by jury ....................... SB 525

DUI; prosecution; request for trial by jury; court jurisdiction

SB 666

DUI; record of convictions; to motor vehicle insurance company

SB 664

Emergency Vehicles; designation; certain private vehicles ..................... SB 499

Equipment; headlights, windows, windshields; covering restrictions;

restrict use of metal spike tires; school bus tires .......................... HB 245

Equipment; headlights, windshields, windows; school bus tires

SB 505

Equipment; illegal use of flashing or revolving blue lights

HB 1478

Fleeing or Attempting to Elude Police; change penalty ....................... SB 494

Habitual Violators; felony cases; trial upon accusation

HB 1136

Habitual Violators; probationary license; increase fees ...................... HB 1145

Habitual Violators; redefine; multiple arrests within certain period

SB 276

Handicapped Parking; access to pregnant women

SB 643

Handicapped Parking; disabled person must occupy vehicle

SB 688

Homicide by Vehicle; driver's failure to stop for school bus ................... SB 646

Hunting; killing of wildlife from certain vehicles; penalties

HB 1548

Insurance; comprehensive revision; repeal no-fault; rates

HB 314

Insurance; liability carriers; claims settlements; execution of limited

release ............................................................... HB 1676

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INDEX

3777

MOTOR VEHICLES AND TRAFFIC (Continued)

Insurance; premium reduction; approved employer sponsored defensive

driver courses ........................ ....... ......................... HB 1899

Insurance; uninsured vehicles removed by police; conditions for return ......... SB 134

Insurers; use of aftermarket crash parts to settle a claim

............... HB 888

Interstate Highways; enforcement powers of municipal officers ................ SB 218

License Plates; alteration of county designation; penalties

HB 15

License Plates and Decals; reflective material specifications ................... SB 508

License Plates; comprehensive revision of all fees .......................... HB 1145

License Plates; disabled veterans; joint ownership with spouse ................ SB 568

License Plates; new, renewal, replacement, special, commercial; fees

HB 494

License Plates; registration, certificates of title; driver's licenses;

equipment; inspections; traffic offenses; revise, modernize, clarify

HB 245

License Plates; registration periods; McDuffie County

HB 1100

License Plates; revalidation decals; specify placement location

SB 505

License Plates; special; armed forces active duty members, retirees

SB 351

License Plates; special; emergency management personnel .................... SB 737

License Plates; special; firefighters; authority for issuance

HB 613

License Plates; special; military reservists, veterans; EMT's ................... SB 505

License Plates; special; National Guard reservists; units in adjoining state. . . . HB 1445

License Plates; special; National Guard reservists; units in adjoining state

SB 81

License Plates; special; National Guard, spouse of members................... SB 733

License Plates; special; salute to war veterans ............................... SB 717

License Plates; special; veterans awarded Purple Heart; applications

HB 15

License Plates; staggered registration period; deadline uniformity

SB 116

License Plates; staggered registration periods; early registration

SB 115

License Plates; staggered tag sales; Newton County; referendum

HB 1731

Limousines; carriers, chauffeurs; license; regulation; requirement

HB 1282

Mobile Telephones; unlawful disclosure customer's personal records ........... SB 297

Motor Carrier Road Tax; redefine vehicles transporting property

HB 1307

Motor Carriers; registration withheld, penalties or fees owed .................. SB 699

Motor Carriers Transporting Hazardous Materials; enforcement personnel...... SB 377

Motor Fuel Taxes; refunds to employees of foreign governments .............. SB 699

Motor Vehicle Fuel; retail sale of natural gas .............................. HB 1633

Motor Vehicle Fuel; self-service stations; pump nozzle safety

.... SB 609

Motorcycle Awareness and You Month; recognize ............................ SR 349

Motorcycle Riders, Passengers; protective headgear requirements

SB 247

Motorcycles; applicable rules of the road .................................... SB 505

Parking; private areas; entrance signs; posting requirements ................. HB 245

Parking; private areas; information signs; posting requirements

SB 505

Parking; unpaid fines; nonissuance of license plates or decals ................. SB 557

Pawn Transactions Involving Motor Vehicles; liens......................... HB 1144

Pawnshop Transactions; vehicle storage fees ................................. SB 336

Salvage or Rebuilt Vehicles; certificates of title; inspection................... HB 494

Seat Safety Belts; offense of failure to wear; penalty ......................... SB 395

Speed Detection Devices; FCC certification; repeal requirement ............... SB 779

Speed Detection Devices; stationary; visibility restrictions

HB 245

Speed Detection Devices; traffic engineering permit applications

SB 551

Speed Detection Devices; use of radar devices on hills........................ SB 550

Speed Limit Violations; excessive speeding; points assessment................. SB 157

Speed Regulations; when case may be made; radar devices, visibility;

school buses, maximum speed ............................................ SB 505

Towing, Storage Firms; removal improperly parked cars; fees; liens ............ SB 339

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3778

JOURNAL OF THE SENATE

MOTOR VEHICLES AND TRAFFIC (Continued)

Traffic Accidents Resulting Serious Injuries or Fatalities; driver's

license suspension to refuse submit chemical test ......................... HB 451

Traffic Cases; convictions; electronic reporting methods ..................... HB 1121

Traffic Cases; superior court clerk duties; repeal certain counties ............ HB 1645

Traffic Cases; superior court clerk duty; repeal certain counties ............... SB 689

Traffic Fines; DUI, speeding, reckless driving; additional penalty to

fund technology related assistance to disabled persons...................... SB 269

Traffic Fines; Technology Related Assistance Trust Fund for Individuals

with Disabilities ........................................................ SR 146

Traffic Violations; failure to secure load resulting in accident ............... HB 1487

Traffic Violations; points, fines assessed; attend driver improvement

program in lieu of .................................................... HB 1275

Used Motor Vehicles; auctioneers, dealers; change requirements,

exemptions; consumer judgments ....................................... HB 1637

Used Vehicles; parts dealers, dismantlers, salvage; registration, licenses,

inspection; auction companies .......................................... HB 1914

Vans; revise definition in Code Title ........................................ SB 729

Vehicle Emission Inspection; certain counties; regulations................... HB 1440

Vehicle Emission Inspection; certain counties; regulatory agencies

SB 485

Vehicle Emission Inspection Equipment; relative federal rules................. SR 531

Vehicle Emission Inspection Equipment; urge allow Bar 90 test system ....... HR 930

Vehicle Emission Inspection; uniformity in deadlines ......................... SB 116

Vehicle Loads; exceeding allowable weight; schedule of fines .................. SB 540

Vehicle Manufacturers, Dealers, Distributors; business practices ............... SR 486

Vehicle Tent or Auction Sales; contracts; cancellation procedures.............. SB 353

Vehicle Theft; incarceration; special probation or boot camp unit ............. SB 350

Vehicles; abandoned; ascertain identity of owner; research fees ............... HB 494

Vehicles; abandoned; oifense of leaving accessible to children ............... HB 1156

Vehicles on Private Property Fronting on Coastal Marshlands .............. HB 1389

Vehicles Operated on Racetracks or Speedways; exhaust systems

.... SB 89

Vehicles Transporting Biomedical Products or Body Fluid Waste;

placarding requirements; exempt certain nurses .......................... HB 1570

Vehicles Transporting Loads; offense of failure to secure ................... HB 1487

Weight, Load, Dimension Enforcement; establish new PSD

Division................................................................ SB 500

MOTORCYCLES

Applicable Rules of the Road .............................................. SB 505

Applicable Rules of the Road

HB 245

Motorcycle Awareness and You Month; recognize ............................ SR 349

Motorcycle Riders, Passengers; protective headgear requirements

SB 247

MOUL, MAXINE; Nebraska Lt. Governor, introduced, remarks. ........... Page 1167

MOULTRIE, CITY OF

Property Conveyance; annexation, GBI crime lab facility property

HR 1017

Property Conveyance; disposition of Labor Department property ............. HR 778

Rural Telephone Cooperatives; powers to maintain commercial office

HB 1694

MOUNTAIN JUDICIAL CIRCUIT; Superior Court; jurisdiction; Habersham, Rabun, Stephens Counties ................................... HB 1288

MOYE, SENATOR JUDY Excused; daughter's surgery............................................. Page 1333 Excused from voting on HB 1706 ....................................... Page 2196 Excused; illness ......................................................... Page 600

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INDEX

3779

MOVE, SENATOR JUDY (Continued) Excused; meeting with President Bush .................................... Page 153

MUNICIPAL COURTS

Authority; punishment; driving with suspended or revoked license

HB 1216

Jurisdiction; criminal trespass cases; retention of fines ...................... HB 1211

MUNICIPAL GAS AUTHORITY OF GEORGIA; membership; utility employees ........................ .............. ................. SB 720

MUNICIPALITIES (Also See Local Government)

Ad Valorem Tax; property assessment; limitations on increases

SR 434

Airports; acquisition of property extraterritorially; procedures ................. SB 173

Alcoholic Beverage Licenses; issuance; catered functions; permits .............. SB 319

Alcoholic Beverages; sales on Sunday; festivals; certain cities

SB 746

Alcoholic Beverages; Sunday sales at outdoor public celebrations .............. SB 728

Annexation of Land Into Corporate Limits; rezoning restrictions

SB 748

Annexation of Territory; procedures; comprehensive revisions

HB 113

Bicycle Riders; riding on roadways; designated bicycle paths

HB 1447

Board of Georgia Municipal Training Institute; composition

HB 1107

Business and Occupation Tax; study of equity, revenue impact

SR 510

Business and Occupation Tax; study of tax equity, revenue impact

HR 938

Business Licenses; evidence of state licensure; requirements

HB 1718

Campus Police; law enforcement powers repealed; cities of 400,000

HB 610

Cemeteries, Burial Grounds, Private Plots; abandoned; restoration,

maintenance costs; reimbursement...................................... HB 1611

Cities of 17,000 or More; different ad valorem assessments.................... SB 793

Cities of 400,000 or More; contracts; criminal justice facility .................. SB 129

Cities Within DeKalb County; electors; preparation of lists

SB 796

Cities Within Fulton County; sellers and merchants; taxes, fees

SB 793

City Clerks; training course; establishment of; expenses

HB 1107

City Commissions of Dawson, Morrow, Quitman; compensation

SB 758

Collecting Fines, Fees, Moneys for State; costs; collection fee .... SB 608

Contracts for Jail Services; sums paid for county jail fund .................... SB 164

Contracts; multiyear lease purchases; voter referendum approval

SB 6

Contracts with Counties for Use of Jails; fines due jail fund ................ HB 1149

Development Authorities; board of directors; number of members

HB 666

Development Authorities; projects; rehabilitation of land ..................... SB 583

Development Impact Fee Ordinances; conformance date; water, sewer

hook-up and connection fees; procedures ................................ HB 1103

Downtown Development Authorities; redevelopment agencies;

projects; powers; membership ......................'.................... HB 1102

Elections; appointment of election registrars, deputy registrars

SB 802

Elections; campaign literature, printed materials

SB 22

Elections; notice of intention of candidacy; filing............................. SB 578

Elections; plurality elections and nominations ............................... SB 306

Elections; polling places; access to handicapped persons; persons ineligible

serve as superintendents, poll officers

HB 1372

Elections, Primaries; contested; grounds; revise procedures

HB 1374

Elections; purging of voting list; 1990 population application

SB 754

Elections; qualifying; filing, fees; write-in candidates; contested elections;

persons assisting with absentee ballots .................................. HB 1644

Elections; qualifying; filing; withdrawal; computer-run voter lists;

cancelled absentee ballots

HB 1372

Elections; voter registration lists; corporate boundaries

SB 740

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3780

JOURNAL OF THE SENATE

MUNICIPALITIES (Continued)

Electors; absentee ballots; applications; delivery to hospital patients;

oath of persons assisting; electors accompanied by children

HB 1369

Environmental Protection Laws; enforcement authority; study of .............. SR 511

Excise Tax on Rooms, Lodging; levy; collection; authorization

HB 1212

Firearms; preempt, prohibit local regulation; exclusions

HB 375

Hospital Authorities; state grants for public health purposes ................. HB 424

Hotel-Motel Excise Tax; coliseum authorities; collection reimbursement

rate ................................................................. HB 1850

Investments of Funds; risk management and self-insurance funds

HB 602

Jails; inmates; repay costs incurred for medical treatment or wrongful

actions; probation condition............................................ HB 1769

Law Enforcement; jurisdiction; transfer of arrested persons

SB 497

Law Enforcement Officers; discipline actions; complaint review board

SB 203

Law Enforcement Officers; violations on interstate highways

SB 218

Local Constitutional Amendments, Acts Repealing; voter approval

HR 997

Local Services; delivery and financing; joint committee to study

HR 894

Municipal Courts; abolished and state court has jurisidiction

SB 344

Municipal Courts; authority; certain driver's license violations

HB 1216

Municipal Courts; bail bonds; forfeiture procedures

HB 1706

Municipal Courts; civil actions; additional filing fee

SB 518

Municipal Courts; contracts with state courts to furnish services ............ HB 1362

Municipal Courts; fines in DUI cases; victim compensation

SB 524

Municipal Courts; jurisdiction; criminal trespass cases

HB 1211

Municipal Courts; jurisdiction; DUI offenses ................................. SB 273

Municipal Courts; probationary services; private enterprises

SB 730

Municipal Elections; county to conduct; 1990 population bracket

SB 684

Municipal Employees Benefit System; membership; local authorities ......... HB 1229

Municipal Gas Authority; membership; utility or gas employees

SB 720

Municipal Judges; training; exemption; active members State Bar

SB 653

Ordinance Violations; service of process ................................... HB 1116

Parking Tickets; unpaid fines; nonissuance of license plates ................... SB 557

Parks, Playgrounds, Recreation Centers, Housing Projects; criminal

offense of drug trafficking.............................................. HB 1779

Peace Officers; appointing citizen of adjoining state; training costs,

reimbursement by new employer ......................................... SB 750

Pesticides; local regulation prohibited; variance petitions

HB 1196

Planning and Zoning; areas of inactive municipalities.

HB 1408

Property Acquired to Develop a Lake; disposition procedures

HB 1667

Regional Development Center Boards; membership; designee

SB 654

Regional Development Centers; nonprofit functions; expenses

SB 660

Residential Areas; notify residents of military practice maneuvers

SB 15

Rural Telephone Cooperatives; offices in certain populated cities

HB 1694

Solid Waste Facilities; intergovernmental contracts; loans

HR 732

Solid Waste Landfills; permits; proximity ground-water recharge area

SB 185

Solid Waste Landfills; site permits; specified distance certain rivers

SB 215

Special Districts; redevelopment powers; assessments; liens

HB 1102

Tax Assessors; joint boards; appeals and review of assessments

HB 1118

Water Service; unpaid charges; landlord or tenant liability

SB 10

Workers' Compensation; group self-insurance fund; restrictions

SB 723

Zoning Review Procedures; cities within certain counties

HB 2045

MURDER Homicide; direct, indirect cause of death; commission of a felony Offense of; infliction of an injury and resultant death

SB 710 SB 147

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INDEX

3781

MURDER (Continued) Offense of Murder Against Persons Over Age 65; punishment ................. SB 837 Street Gang Terrorism and Prevention Act, Georgia; enact ................... SB 735

MURRAY COUNTY

Board of Commissioners; election districts; reapportion ....................... SB 574

Deputy Coroner; compensation ............................................. SB 575

Designate; Genevie Dickey Bridge over Conasauga River

HR 652

Designate; Martin Dooley Parkway on State Route 61 from Eton............. HR 976

District Attorney Investigators; arrests; procedures ........................... SB 850

School Superintendent; provide for appointment; referendum ................. SB 576

MUSCOGEE COUNTY Ad Valorem; homestead exemption; elderly residents; referendum ........... HB 1604 Ad Valorem Taxes; delinquent payment penalties ............................ SB 633 Board of Education; election districts; composition; referendum ............. HB 2153 Designate; Robert B. Nett Medal of Honor Highway; portion U.S. 27 .......... SR 485 Designate; Samuel Frank Morast, Jr., Highway ............................. HR 653

MUSEUMS; custodians of American Indian Human Remains, Burial Objects HB 457

MUSIC INDUSTRY Concert Promoters; ticket advertisements; disclose lip synched music ............ SB 9 Georgia Music Hall of Fame Authority; compensation of members............. SB 857 Jukeboxes; coin operated machines; licensure; regulation; fees ............... HB 1256 Music Industry Committees and Citizens' Advisory Council ................... SR 412 State Symbols; jazz music, designate during month of February ............... SR 479

N

NAACP; Dignitaries introduced ........................................... Page 670

NATIONAL GUARD License Plates; special; issuance to spouse of members ....................... SB 733 License Plates; special; issuance; units serving adjoining state .................. SB 81 License Plates; special; military reservists, veterans .......................... SB 505 License Plates; special; reservists serving unit adjoining state ............... HB 1445 Veterans' Driver's License; changes to qualifications........................... SB 69 Veterans' Employment Preference; certain Gulf War active duty .............. SB 552

NATURAL RESOURCES AND CONSERVATION (Also See

Game and Fish or Environmental Protection)

Air Pollution; Clean Air Solution Study Committee .......................... SR 435

Air Quality Program; industrial emissions; environmental compliance

HB 1439

Aquaculture Development Act; domestic fish; sellers, producers ............... SB 630

Arbor Day and Earth Day; designate annual state observance

SB 816

Arbor Day Observance, 101st Anniversity; recognizing ........................ SR 416

Asbestos Licensing Board; repeal termination provisions ...................... SB 535

Asbestos Removal; persons employed by contractors; training ................. SB 760

Biomedical Waste Disposal Facilities; permits; limits on issuing

HB 1169

Biomedical Waste; handling, disposal; permits for thermal

treatment facilities ...................................................... SB 268

Burial Sites or Objects; permits for archeological research ................... HB 457

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3782

JOURNAL OF THE SENATE

NATURAL RESOURCES AND CONSERVATION (Continued)

Coastal Marshlands Protection; regulate activities, structures ............... HB 1389

Coastal Sand-sharing Systems; enact Shore Protection Act.................... SB 725

Commissioner; duties; Aquaculture Development Commission ................. SB 630

Conservation Easements; conveyance; protect certain resources .............. HB 1388

Dam Safety Violations; administrative orders; file superior court .............. SB 522

Dams; mining activities; reclamation of impoundment; permits ................ SB 523

Department; operation of volunteer services programs ...................... HB 1387

Department; powers, duties; vehicle emission inspection stations ............ HB 1440

Department; regulate vehicle emission inspection stations

SB 485

Designate; K.T. Kennedy Reef; offshore fishing site east of Sapelo Island

HR 500

Electric Power Plants; environmental compliance; easements .................. SB 657

Environmental Advisory Council; creation; appointment by Governor

SB 102

Environmental Education Council; creation; powers, duties

HB 1412

Environmental Facilities Authority; loans; solid waste projects

HB 1391

Environmental Pollution; toxic substances; committee to study ................ SR 555

Environmental Protection Division; director; appointed and removal

SB 30

Environmental Protection Division; director; appointment by board

SB 40

Environmental Protection Division; director; appointment; salary

SB 102

Environmental Protection Laws; enforcement authority; study of

SR 511

Environmental Standards; urge establish state council to review

HR 101

Fishing Licenses; fresh water catch-out ponds privately owned

HB 1947

Fishing; public areas, certain streams, reservoirs; requirements

HB 1324

Forest Resources; Georgia Prescribed Burning Act; enact

SB 543

Foresters, State Board of Registration; termination provisions

SB 535

Georgia Youth Conservation Corps; enrollment of members

HB 1549

Hazardous Site Response Act; effectuation of corrective actions

HB 1394

Hazardous Waste; disposal, incinerator facilities; site criteria

SB 745

Hazardous Waste Trust Fund; surcharge fees; generators; disposal

HB 1394

Historic Places, Georgia Register; preferential tax assessment

SB 607

Hunting, Fishing Licensed Bonded agents; self-insurance; survey labels

HB 708

Hunting, Fishing, Trapping; fee increases, changes

HB 1392

Hunting Preserves, Breeders; holding of live foxes; conditions ............... HB 1668

Hunting, Trapping of Wildlife; change provisions

HB 1322

Hunting; trapping wildlife; ID number or owner's name on traps

SB 755

Hunting; violations; change provisions relative to punishment

HB 1548

Landfills; solid waste disposal; proximity ground-water recharge area .......... SB 185

Landfills; solid waste disposal; specified distance certain rivers ................ SB 215

Parks, Historic Sites, Recreation Areas; rules, regulations;

violations; probate court jurisdiction

HB 1453

Property Conveyance; Cordele Fish Hatchery; road easement

SR 417

Rails-to-trails; local recreation purposes; encourage ............................ SR 25

Resource Conservation Development Councils; nonprofit contractors

HB 1232

Sapelo Island Channel; designate K.T. Kennedy Reef

HR 500

Solid Waste; disposal facilities on CERCLIS site list; limit permits

SB 242

Solid Waste Management; definitions; local plans deadline; landfills;

biomedical sites; recycling programs; taxes, fees, assessments

HB 1386

Solid Waste Management; intergovernmental contracts; loans ................ HR 732

Solid Waste Management; landfills; additional disposal restrictions ............ SB 240

Solid Waste; manufacturers, distributors; packaging; toxic metals

HB 124

Solid Waste; projects; loans; Environmental Facilities Authority

HB 1391

Solid Waste; scrap tires, materials; implement program to manage

HB 1385

Solid Waste; surcharge fees on disposal facilities

................. HB 1394

State Arboretum of Georgia; designate Thomson Mills Forest

HR 225

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INDEX

3783

NATURAL RESOURCES AND CONSERVATION (Continued)

Surface Mining; operator permits; land use plans; reclamation ............... .SB 523

Timber Revenue Fund; create to fund public hunting, fishing areas............ SB 271

Trout Waters Without Seasons; streams; additions, deletions ....... SB 672

Upper Savannah River Development Authority; powers; jurisdiction ......... HB 1767

Waste Management; toxic users; pollution prevention assistance ............... SB 645

Water or Waste-Water Facilities; disposal of sludge; procedures

SB 752

Water Pollutants; phosphorus discharge limitation; Chattahoochee River

SB 381

Water Pollution; ground-water quality; marine toilet restrictions .............. SB 618

Water Resources; river basin management plan; development of............... SB 637

Water Resources; streams, rivers, tidewaters; unlawful structures

HB 1390

Water Supply, Periods of Drought; study certain river check dams

SR 496

Water Systems; pollutants; permits to operate; economic impact

SB 641

Water Well Standards Advisory Council; termination provisions

SB 535

Wetlands Conservation Study Committee; continuation

HR 789

Wetlands Mitigation; acquisition of property for public roads ................ HB 674

NEELEY, MRS. JESSE ANNA; commend ................................. SR 484

NELSON, CITY OF; new charter......................................... HB 1903

NETT, ROBERT B., MEDAL OF HONOR HIGHWAY; designate

SR 485

NEWBILL, SENATOR SALLIE; excused; illness ......................... Page 239

NEWTON COUNTY

Board of Commissioners; election districts; change composition

HB 2167

Board of Education; election districts; reapportion; terms ................... HB 2166

Development Authorities; board of directors; authority

HB 1231

Motor Vehicle Registration; staggered periods; referendum

HB 1731

Newton County Water and Sewerage Authority; revenue bonds

HB 1986

NO PASS, NO PARTICIPATE RULE; student eligibility; exception ......... SB 622

NONCERTIFICATED PUBLIC SCHOOL PERSONNEL STUDY COMMITTEE

SR 406

NONPROFIT ORGANIZATIONS (Also See Commerce

or Corporations)

Beauty Pageants; pageant operators; exempt bond requirement

HB 1978

Charitable Grants by Counties of More than 550,000; conditions ............... SB 86

Community Service Organizations Benefiting Young People; exempt

ad valorem property tax; referendum approval........................... HB 1375

Contracts Between State Agencies and Nonprofit Contractors ............... HB 1232

Counties; redemption of property to effectuate lease-purchase ............... HB 1675

Emergency Rescue Organizations; licensure .................................. SB 626

Food Sales; permits for operation; exclude certain regulations

SB 460

Local School Systems; discretion in payroll deduction services

SB 591

Mental Health, Retardation, Substance Abuse Agencies; study of.............. SB 811

Natural Resources Department; volunteer services programs ................ HB 1387

NONPUBLIC POSTSECONDARY EDUCATIONAL INSTITUTIONS Application and Renewal; special administrative fees Exemption; certain accredited medical schools, proprietary colleges and institutes of paper science State Commission; contracts; establish separate divisions of degree and nondegree-granting institutions; surety bonds; fees Tuition Guaranty Trust Fund; participation fees; default claims

HB 318
HB 1693
HB 1997 HB 319

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3784

JOURNAL OF THE SENATE

NORTH FULTON COUNTY, CITY OF; incorporation, boundaries, powers ................................................................... SB 452

NORTH FULTON, THE COALITION FOR DRUG-FREE; commend ...... SR 347

NORTHEASTERN JUDICIAL CIRCUIT; Superior Court; revise jurisdiction; Hall and Dawson Counties ................................... HB 1288

NOTARIES PUBLIC; performance bonds; filing; amount; misconduct cases .................................................................... SB 719

NUCLEAR, SAVANNAH RIVER PLANT SITE; opposing reactor restart ................................................................... SR 471

NUISANCES; unfit structures; service of complaint to nonresidents .......... HB 1270

NURSE OF THE DAY Alice Kaufmann serve for session.......................................... Page 76 Diane Giles Williams serve .............................................. Page 611

NURSES

Georgia Board of Nursing; termination provisions ............................ SB 535

Georgia Practical Nurses Practice Act; enact ................................ SB 599

Licensed Practical Nurses Board of Examiners; repeal termination

SB 535

Medical College of Georgia School of Nursing Day; designate ................. SR 523

Registered Professional; pronouncement of death; hospice patients

SB 693

Vehicles Transporting Biomedical Products or Body Fluid Waste;

exempt placarding requirements ........................................ HB 1570

NURSING AND PERSONAL CARE HOMES

Certificate of Need; abolition of the Health Planning Agency ................. SB 125

Licensees; DHR actions against; public reprimands; reduced fines

HB 1661

Long-Term Care Facilities; violations; closure; relocation of residents;

receivership as alternative ............................................... SB 211

Long-term Care Issues and Costs; commission to study ....................... SR 373

Medicaid Expenditures; committee to study cost-effectiveness ................. SR 465

Medicaid; facilities terminating enrollment; requirement; penalty

SB 680

Medicaid; terminating facility; notices; resident placement .................... SB 681

Nursing Home Administrators, State Board; ex officio member;

extend to 1998........................................................ HB 1573

Nursing Home Administrators, State Board; termination provisions............ SB 535

Nursing Homes; required equipment; fire sprinklers; installation. .............. SB 182

Personal Care Homes; deceptive advertising of services provided ...

HB 1640

Personal Care Homes; licensing; informaton from state ombudsman ........... SB 561

Personal Care Homes; unlicensed; patient referral restrictions ................. SB 669

Regulations; granting of waivers; hospices, death of a patient

SB 693

o

OBSTETRICS Indigent, Charity Care; certificate of need ................................... SB 680 Obstetrics Study Committee; creating ........................................ SR 20 Pregnant Women; infant mortality; indigent health care ...................... SB 716
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INDEX

3785

OCCUPATIONAL THERAPY, STATE BOARD OF; termination provisions ................................................................ SB 535

OCHLOCKNEE RIVER; water quality; develop river basin management plan ................................................................... SB 637

OCMULGEE RIVER

Committee to study construction of check dam .............................. SR 496

Water quality; develop river basin management plan

SB 637

OCONEE COUNTY; county surveyor; appointment; abolish elected office HB 1746

OCONEE RIVER

Committee to study construction of check dam .............................. SR 496

Water quality; develop river basin management plan

SB 637

OFFENDER REHABILITATION (See Corrections)

OFFICE OF PLANNING AND BUDGET

Administration of Council of American Indian Concerns

HB 457

Administration of Georgia Emergency Management Agency

SB 595

Appropriation Requests; proposed property acquisitions, leases

SB 638

Director; membership; Distance Learning and Telemedicine Network

Governing Board........................................................ SB 144

Director; membership on State Financing and Investment

Commission; amend Constitution ......................................... SR 200

Duties; calculate salary adjustments of county governing authorities ........... SB 200

Lottery for Education Account; proceeds; separate budget category

HB 1541

State Agencies; fiscal affairs; Program Review Act of 1992

SB 642

State Agencies; request formulate cost downsizing plans

SR 534

State Airline Travel Regulations; applicable General Assembly

HB 1311

State Government Expenditures; legislative committee to study ................ SR 24

Technical Support for Governor's Development Council

SB 590

OFFICIAL CODE OF GEORGIA (See Code of Georgia)

OGEECHEE RIVER; develop river basin management plan ................... SB 637

OGLETHORPE COUNTY

Board of Commissioners; election districts; reapportion ..................... HB 1164

Board of Education; members; election districts; reapportion ................ HB 1163

Coroner and Deputy Coroner; compensation

HB 1226

OLMSTEAD, TOMMY; former Senator and Mayor of Macon; remarks....... Page 294

OLYMPIC GAMES, XXVI SUMMER OLYMPIAD, 1996

Cochran Mill Park for Olympic Equestrian Events; endorse ................... SR 307

DeKalb County; site for 1996 Olympic tennis events; support

SR 220

Wolf Creek Skeet and Trap Club and Cochran Mill Park; endorse

Olympic event sites ..................................................... SR 217

OPEN BOTTLE BILLS Alcoholic Beverages; possession while driver or passenger; penalties Alcoholic Beverages; restrictions on possession in vehicles

SB 156 SB 52

OPEN MEETINGS, RECORDS Administrative Investigations; complaints against law enforcement County Real Estate Deed Records; printing of computerized index Courts; product liability litigation; disclosure; public safety Disclosure; property acquisition by state; relationship of parties Juvenile Proceedings; inspection of court files, records

SB 146 HB 1378
SR 512 SB 638 SB 492

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3786

JOURNAL OF THE SENATE

OPEN MEETINGS, RECORDS (Continued) Local Boards of Education; actions relative before and after school childcare programs .................................................... HB 1356 Records Used for Commercial Soliciation; access limitations .................. SB 588 Requirements; agenda notices; teleconference meetings; voting; computer charges; what disclosure not required ............................ SB 604 State Board of Pardons and Paroles; voting records; inspection ............... SB 621 Sunshine in Litigation Act; access concerning public hazards .................. SB 610

OPERATION DESERT STORM, DESERT SHIELD (See Persian Gulf or Military Affairs)

OPTICIANS, OPTOMETRISTS

Contact Lenses; sell or dispense; license; restrictions; duties................... SB 598

Health Insurance Claims; benefit assignment; direct payments ................ SB 677

State Board of Dispensing Opticians; termination provisions

SB 535

State Board of Examiners in Optometry; termination provisions............... SB 535

ORGAN DONORS (See Health or Living Wills or Health Care Facilities)

OSTRICHES FARMING AND COMMERCIAL PRODUCTION; urge feasibility study ..................................................... HR 772

PALMETTO, CITY OF Mayor and Council; vacancies; special elections .............................. SB 830 Special Elections; purpose; vacancies in office.............................. HB 1919
PANNELL, LESLIE STILL, 4-H NATIONAL CHAMPION; commend ................................................................ SR 458
PAP SMEARS AND MAMMOGRAMS; insurance coverage requirements; females at risk ............................................. HB 538
PARAMEDICS (See Emergency Medical Services)
PARDONS AND PAROLES Board; duties; supervision of parolees; victim restitution; revocation hearings ................................................... HB 1607 Board; limit authority to commute sentences, grant paroles ................... SR 352 Drug Trafficking; persons convicted; mandatory term of imprisonment ......... SB 439 Drug Trafficking; persons convicted; no pardon, no parole .................... SB 438 Drug Trafficking; persons convicted prohibited pardon or parole............... SR 238 Juvenile Court; determining punishment; victim impact statement............. SB 644 Parole Guidelines; inmates reading below 5th grade level .................... HB 244 Parole Hearings; prior notice to crime victims or relatives .................... SB 788 Personnel Authorized Administer Drug Tests to Probationers ................. SB 678 Probation Systems for Municipal Courts; establish; agreements................ SB 730 State Board; voting records; inspection...................................... SB 621
PARENT AND CHILD (Also See Domestic Relations or Minors) Actions Behalf of Injured Minor Child; period of limitation ................... SB 305 At-Risk Children and Youth; resources, services; goals and policies ............ SB 104 Child Custody; best interest of child criteria................................. SB 210
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INDEX

3787

PARENT AND CHILD (Continued)

Child Custody; parents; residency changes; required notices ................. HB 1814

Child Support; amount computed net income; special circumstances ............ SB 19

Child Support; obligations; computation; determining factors.................. SB 711

Child Support; orders; payments until child completes education; DHR

as petitioner; cost recovery for services; URESA cases .................... HB 1519

Children and Youth Legislative Overview Committee; family needs

SB 105

Firearms; accidental shootings; negligence in storage of firearms .............. HB 277

Gun Safety Training for Children; urge campaign to educate adults ........... SR 576

Juvenile First Time Offenders; court ordered counseling .................... HB 1977

Juveniles Committed Custody DHR; expenses; parents reimburse ........... HB 1598

Paternity Proceedings; evidence; putative father registry records

HB 1277

School-based Health Care Clinics; authorize; parental consent

SB 477

Sex Education; public schools; right to review materials; consent

HB 1837

Surrogate Parentage; void and unenforceable contracts

SB 1

PARKING LOTS, GARAGES AND SPACES

Handicapped Parking; access to pregnant women ............................ SB 643

Handicapped Parking; disabled person must occupy vehicle ................... SB 688

Private Areas; entrance sign; posting requirements .......................... HB 245

Private Parking Areas; information signs; posting requirements

SB 505

PARKS AND RECREATION

Drug-Free Recreation Zones; drug trafficking prohibited conduct .............. SB 592

Georgia Recreation and Parks Association; commend ......................... SR 405

Illegal Drug Trafficking Within Vicinity; criminal penalties ................. HB 1779

Parks, Historic Sites, Recreation Areas; rules, regulations;

violations; probate court jurisdiction .................................... HB 1453

Public Lands; increased license fees to fund acquisition

HB 1392

Public Parks; alcoholic beverage sales on Sundays at festivals

SB 728

Public Parks; alcoholic beverage sales on Sundays at festivals

SB 746

Public Use Lands; Georgia Prescribed Burning Act; enact .................... SB 543

Rails-to-trails; abandoned rights of ways, corridors; conversion for

recreational purposes ..................................................... SR 25

Therapeutic Recreation, Practice of; licensure ............................... SB 464

Tourist Camps, Cabins, Lodges; levy of certain excise taxes ................. HB 1212

PARROTT, LT. COLONEL THOMAS; designate parkway for; Whitfield County ........................................................ HR 875

PATERNITY Determination; written statement of father and mother....................... SB 565 Proceedings; evidence; putative father registry; vital records ................ HB 1277

PATIENTS (Also See Medical Practice or Health Care Facilities)

Candidate for Nonresuscitation; determining procedure; consent............... SB 815

Durable Power of Attorney; agent powers; statutory form ..................... SB 606

Health Care Services; deceptive practices; advertising waiver of

deductible as an inducement to patients ................................ HB 1347

Hospital Liens for Care, Charges; claims; filing; time period

SB 170

Medical Records; access by long-term care ombudsman programs............... SB 87

Mental Health; involuntary treatment review; privileged communications...... HB 408

Mental Health; state hospital services; liability for costs ...................... SB 790

Persons in Coma or Vegetative State; declaration in living will ................ SB 605

Privileged Communications Between Psychiatrists, Psychologists ............ HB 1435

Sexual Assault Against Persons Under Psychotherapeutic Care .............. HB 1523

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3788

JOURNAL OF THE SENATE

PAULDING COUNTY

Board of Commissioners; election districts; reapportion; county

manager; referendum .................................................. HB 2011

Building Association; commend ............................................ SR 612

Chamber of Commerce; commend .......................................... SR 595

Paulding Council for the Arts; commend .................................... SR 616

School System Superintendent and Board of Education; commend

SR 606

Superior Court; additional judgeship; appointment, election, term

HB 1943

PAWNBROKERS

Liens; transactions involving vehicles; limit charges, fees, leases,

holding period; regulate advertising ..................................... HB 1144

Pawnshop Transactions; vehicle storage fees

SB 336

PEACE OFFICERS (Also See Law Enforcement or Specific Agency)

Certified Reserve Officers; carrying of weapons, firearms

SB 53

Complaints Against; internal investigatory records; disclosure

SB 146

Corrections Department; authority administer certain drug tests

SB 678

County or Municipal; jurisdiction; emergency or crime scenes

SB 674

Family Violence; training courses; report incidents to GBI

HB 1763

Housing Authority Police; certification and training ......................... HB 231

Offense of Simple Battery Against Officers, Enforcement Dogs; penalty

SB 255

Searches With Warrants; actions of officers executing; liability .............. HB 1749

Sheriffs; qualifications to hold office; certification; training ...

HB 1613

Training; completion of basic course; time limit............................. HB 631

Training Cost Reimbursement; officers hired by another agency . .

SB 750

PEACE OFFICERS ANNUITY AND BENEFIT FUND Creditable Service; purchase of prior service; change time limit Membership; eligibility; 16 years service; prior service credit

SB 122 SB 341

PEACH FESTIVAL; Peach County Citizens introduced ................... Page 1249

PEACHTREE CITY; mayor and city council; terms of office ................ HB 1605

PENAL INSTITUTIONS (See Corrections)

PENDLEY, MRS. OLLIE; commend ....................................... SR 395

PERSIAN GULF CRISIS, OPERATION DESERT STORM Operation Desert Storm; Multinational Coalition Nations; appreciation Veterans' Employment Preference; civil service exam; eligibility

SR 133 SB 552

PERSONAL CARE HOMES (See Health, Day Care, Nursing Homes, or Health Care Facilities)

PESTICIDES AND PEST CONTROL

Regulation by County, Municipality prohibited; variances

HB 1196

State Structural Pest Control Commission; repeal termination ................ SB 535

PETROLEUM PRODUCTS (See Gasoline)

PHARMACISTS, PHARMACIES

Contact Lenses; sale or dispensing; prescribing practitioners .................. SB 598

Controlled Substances and Dangerous Drugs; change listings ................ HB 1342

Controlled Substances Therapeutic Research Act; unauthorized use

HB 1187

Drugs or Controlled Substances; issuance to emergency services

providers; procedures .................................................... SB 284

Health Insurance Claims; benefit assignment; direct payments

SB 677

Mail-order Pharmacy Services; workers' compensation benefits

SB 629

Medicaid; prescription drug prior authorization requirements ................. SB 234

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INDEX

3789

PHARMACISTS, PHARMACIES (Continued) Prescription Orders; use of facsimile or telecopier devices..................... SB 619 State Board of Pharmacy; repeal termination provisions ...................... SB 535

PHILLIPS, HONORABLE R. T. "TOM"; commend ........................ SR 600

PHILLIPS, SENATOR TOM Excused; court appearances ................................... Pages 586, 1124, 1186 Excused; meeting with President Bush .................................... Page 153

PHYSICAL THERAPISTS Regulate Practice of; license; training permit; discipline actions State Board of Physical Therapy; termination provisions

HB 1574 SB 535

PHYSICIANS (See Medical Practice or Professions or Health)

PHYSICIAN'S ASSISTANTS

Advisory Committee to State Board; expense reimbursement.................. SB 468

Membership; Composite State Board of Medical Examiners; terms

SB 469

PINBALL MACHINES; Coin Operated Amusement; licensure; regulation; fees ............................... ................................... HB 1256

PINCH HITTER PROGRAM; B'nai B'rith; commend

Page 2034

PISTOLS (See Firearms and Weapons)

PIZZA FARM RESTAURANT; recognize

SR 584

PLANCHARD, CHARLES T. CHET; sympathy at passing .................. SR 615

PLANNING COMMISSIONS (See Authorities or Development Authorities)

PLUMBING; licensure; exemption; cost amount less than $200. per job ...... HB 1109

PODIATRISTS

Activities Constituting Practice of Podiatry Subject to Licensure

HB 1580

Health Insurance Claims; benefit assignment; direct payments ................ SB 677

State Board of Podiatry Examiners; repeal termination

SB 535

POGO 'POSSUM Designate as Official State Symbol ..................................... SB 651 Designate as Official State Symbol ..................................... HB 1325 Designate as Official State Symbol ...................................... HB 1548

POLICE OFFICERS (Also See Law Enforcement Officers)

Arrest of Persons; jurisdiction; transfer where offense occurred ................ SB 497

Campus Police Officers; applicable county population figures .................. SB 749

County Police Force; creation of; procedures; special elections

HB 1236

Duties; crimes against school students; incident/complaint forms ............ HB 1296

Family Violence; training courses; report incidents to GBI

HB 1763

Flashing or Revolving Blue Lights on Vehicles; unlawful use of ...

HB 1478

Investigation Scenes; jurisdiction; authority. ................................. SB 674

Posses, Auxiliary, Voluntary Law Enforcement Officer Study Committee

SR 222

POLK COUNTY

Ad Valorem; homestead exemption; elderly residents; referendum

HB 2154

Ad Valorem Tax; homestead exemption; certain residents..................... SB 865

Office of County Treasurer; repeal 1963 Act to abolish ................

HB 1652

Superior Court; additional judgeship; appointment, election, term

HB 1943

Superior Court Clerk; additional compensation .............................. SB 384

Superior Court Clerk; compensation; population application

HB 2158

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3790

JOURNAL OF THE SENATE

POLLUTION CONTROL

Air; committee to study vehicle alternative fuel usage ....................... HR 950

Air Pollutants; vehicle emission inspection; certain counties ................... SB 485

Air Pollutants; vehicle emission inspections; certain counties ................ HB 1440

Air Quality Act; industrial emissions; environmental compliance

HB 1439

Air Quality; Clean Air Solutions Study Committee

SR 435

Air; vehicle emission inspection equipment; federal rules

HR 930

Air, Water; vessels used to clean up oil spills; tax exemption.................. SB 734

Electric Power Plants; rights of way, easements; compliance

SB 657

Office of Pollution Prevention; create; toxic materials users ................... SB 645

River Basin Management Plan; provide; local advisory committees

SB 637

Toxic, Hazardous Substances; pollution prevention; study of

SR 555

Waste-water Treatment Facilities; sludge disposal; approval

SB 752

Wastewater; industrial treatment plants; certified operators

HB 1846

Water Resources; establishment of a Clean Water Trust Fund

SR 497

Water; river basins; provide for development of management plans

SB 637

Water Systems; permits to operate; economic impact analysis

SB 641

POLYGRAPH EXAMINERS, STATE BOARD OF; repeal termination

SB 535

POOLER, CITY OF; corporate limits; annex land tracts; referendum

HB 2026

POPE, DON; McDonnell Douglas Plant Manager; remarks.................. Page 3245

PORTS AUTHORITY, GEORGIA Additional members; terms; quorum ........................................ SB 679 Vandiver Island; rename Colonel's Island, Glynn County, honoring former Governor S. Ernest Vandiver ...................................... SR 248

POSTSECONDARY VOCATIONAL EDUCATION LAB, EQUIPMENT AND LIBRARY RESEARCH NEEDS; committee to study ................................................................ SR 374

POULTRY PRODUCTS; Georgia Poultry Products Inspection Act; enact

SB 36

POWDER SPRINGS, CITY OF

Ad Valorem Tax; homestead exemption; disabled residents; referendum

SB 858

City Council; elections; Post 1 and 2 At-Large positions ...................... SB 673

PRESCRIPTION MEDICATIONS (See Pharmacists or Health or Drugs)

PRESIDENTIAL PREFERENCE PRIMARY; Election Date; March 3, 1992; first Tuesday in March every four years ...................... SB 470

PRISONS (See Corrections)

PRIVATE DETECTIVE, SECURITY AGENCIES; state board; repeal termination ........................................................ SB 535

PROBATE COURTS

Bail Bonds; failure to appear; forfeiture procedures ........................ HB 1706

Chief Clerk; performing duties as judge; compensation

SB 554

Civil Actions; filing fee; fund judicial education and training

SB 518

Civil Cases; additional filing fees; indigent defense funding ................... SB 714

Council of Probate Court Judges; designee; County Probation

Advisory Council ..................................................... HB 1607

County Administrators as Guardians; population bracket

SB 753

Default Judgments; cases made for default to open; grounds

HB 1238

Fines; additional in DUI Cases for Crime Victims Emergency Fund

SB 524

Guardians of Minors; obtaining medical insurance for ward

HB 1238

Judges; costs, service fees; update 1990 population brackets

HB 1651

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INDEX

3791

PROBATE COURTS (Continued)

Judges; duties; applications for pistol, revolver licensure ....................... SB 45

Judges; gratuities for performing marriage ceremonies ........................ SB 495

Judges; minimum salary; longevity; cost-of-living adjustments ................. SB 553

Judges; nonpartisan primaries and elections; procedures

SB 62

Judges; office business hours, time period, days .............................. SB 291

Judges Retirement Fund; cost-of-living benefits; calculation .................... SB 47

Judges Retirement Fund; creditable service; secretary-treasurer; dues;

benefits ................................................................. SB 60

Judges Retirement Fund; eligibility; age 55 with 10 years of service ........... SB 337

Judges Retirement Fund; membership; employees of the board................. SB 61

Jurisdiction; violations in parks, historic sites, recreation areas .............. HB 1453

Mental Competency to Purchase Firearms; eligibility hearing; cost; fee......... SB 150

Mental Health Hearings; out-of-county patient; noncounty reimbursement;

exams of incapacitated adults, expenses; change costs, fees................. HB 213

Wills; lost or destroyed; presumption of revocability.......................... SB 828

PROBATION

Chatham County; contracts; private probationary services .................... SB 712

DHR State-wide Services; Bibb County Juvenile Court to transfer........... HB 1578

Fines; receipts, disbursements; counties in Augusta Circuit

SB 817

Inmates; duration of probation or suspension; victim restitution; parole

violations involving physical injury, mandatory revocation ................ HB 1607

Inmates; sentences imposed for violent crimes; serve one-third

of prison term ........................................................ HB 1607

Jail Inmates; repay costs incurred for wrongful actions ..................... HB 1769

Municipal Court Services; contracts with private enterprises .................. SB 730

Paroles; urine screen drug tests; persons certified administer .................. SB 678

Probationers; terms, conditions; restitution for payment of medical

care furnished while incarcerated ....................................... HB 1170

Victims of Crime; prior notice of decision to parole inmate ................... SB 788

PRODUCT LIABILITY

Litigation; safety hazards; public disclosure; committee to study

SR 512

Sunshine in Litigation Act; disclosure of public hazards ...................... SB 610

PROFESSIONAL ASSOCIATION OF GEORGIA EDUCATORS; Student Affiliate Organizations; commend ................................... SR 502

PROFESSIONAL COUNSELORS, SOCIAL WORKERS, MARRIAGE AND FAMILY Therapists, Composite Board of; termination provisions ..................................................... SB 535

PROFESSIONS AND BUSINESSES (Also See Commerce and Trade)

Accountants; alleged negligence; filing period to recover damages ............ HB 1219

Alcoholic Beverages; conduct of persons employed where dispensed

SB 589

Architects, Landscapers, Engineers, Contractors; intent to defraud;

theft; conversion of payments for property improvements ................... SB 132

Asbestos Removal; persons employed by contractors; training

SB 760

Barbers; licensees; violations; disciplinary fines, suspensions................. HB 1566

Beauty Pageants; operator requirements; fees, bonds; default ............... HB 1978

Business Licenses Issued by Counties, Cities; evidence of state

licensure; requirements ................................................ HB 1718

Business Taxation; Study Committee on Professional Tax Equity ............. SR 510

Business Taxation; Study Committee on Professional Tax Equity ............ HR 938

Chiropractic Students; scope of practice; education requirements .............. SB 761

Chiropractors; clinical laboratory examination of specimens .................. HB 328

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3792

JOURNAL OF THE SENATE

PROFESSIONS AND BUSINESSES (Continued)

Coin Operated Amusement Machines; licensure; regulation; fees

HB 1256

Commercial Agency Relationships; conditional power of attorney

HB 1518

Contact Lenses; sale or dispensing; prescribing practitioners .................. SB 598

Contractors; electric, plumbing, conditioned air; license exemption;

referred to as "Handy-man's Amendment" .............................. HB 1109

Contractors; fire protection sprinkler systems; certificate of

competency; revocation, suspension ..................................... HB 1642

Contractors; utility, conditioned air, low-voltage; business tax ................ HB 750

Cosmetologists; registration; renewal of certificates; requirements .............. SB 181

Cosmetology; disciplinary fines, suspensions; student licensing

HB 1571

Debt Relief, Bankruptcy Services; regulate advertising terms used

SB 582

Dental Hygienists; committee to study licensing ............................. SR 277

Dentistry; practicing without a license; penalties ............................. SB 159

Driver Training Schools; operators, instructors; license; bonds

SB 765

Driver Training Schools; 2-year license; fees; minimum surety bond .......... HB 824

Electrolysis, Practice of; regulate; provide for certification .................... SB 409

Fees; regulated entities of Commissioners of Insurance, Safety Fire

and Industrial Loans .................................................. HB 1297

Foreign Limited Liability Companies; registered agents ..................... HB 1649

Funeral Directors and Embalmers; apprenticeships; regulation of ............. HB 576

Funeral Services; licensed crematories; dead bodies ........................ HB 1203

Health Care Providers; uncompensated services; liability immunity

HB 681

Hearing Aids; selling and dispensing; licensed audiologists .................. HB 1434

Insurance; adjusters; scope of licenses; prohibited acts ........................ SB 747

Insurance; examination of persons, companies transacting business

HB 1344

Insurance Professionals; licensure; comprehensive revisions.................... SB 747

Interior Designers; registration; certification; qualifications .................... SB 168

Investment Advisors; redefine term; applicability to attorneys ................. SB 467

Irrigation Contractors; provide for licensing, regulation

HB 559

Labor Pools; short-term work assignments; regulate businesses .............. HB 1912

Land Surveyors; certification; qualifications; branch offices

HB 143

Landscape Architects, Georgia Board of; extend to 1994

HB 1350

Legal Services; false advertising prohibited; public reprimand

HB 1860

Licensing; regulatory agencies; performance review ........................... SB 535

Limousines; carriers, chauffeurs; permits; licenses; regulations ............... HB 1282

Livestock Dealers; marked or branded leased livestock; liability

HB 1540

Manufactured Homes; installer, dealer, manufacturer; licensure

SB 509

Manufacturers Sales Representatives; contracts; commissions.................. SB 639

Medical Providers; health insurance claims, forms, payments.................. SB 677

Medical; surgery or invasive procedures by unlicensed persons; impaired

physicians program; provisional licenses, nonapproved schools

SB 159

Midwifery; committee to study certification program ......................... SR 253

Midwifery; practice without certificate of authority; penalty

SB 194

Motor Vehicle Dealers, Franchises; certificates of title ........................ SB 505

Nurses; licensure; Georgia Practical Nurses Practice Act; enact................ SB 599

Nursing Home Administrators; state board; ex officio member

HB 1573

Optician, Optometrist, Physician; restrictions on contact lenses

SB 598

Pawnbrokers; advertising, liens on pawn transactions; regulate

HB 1144

Personal Care Homes; unlicensed; patient referral restrictions

SB 669

Pharmacists, Pharmacies; prescription orders; facsimile devices

SB 619

Physical Therapy; regulate practice of; comprehensive revisions

HB 1574

Physician's Assistant; membership; Composite State Board of

Medical Examiners...................................................... SB 469

Refer to numerical index for page numbers

INDEX

3793

PROFESSIONS AND BUSINESSES (Continued)

Physician's Assistants Advisory Committee; expense reimbursement ........... SB 468

Podiatrists; activities constituting practice of podiatry ...................... HB 1580

Psychiatrists, Psychologists; privileged communications

HB 1435

Psychologists; scope of practice relating to mental health treatment ... HB 408

Psychologists, State Board of Examiners; extend to 1998 ................... HB 1572

Real Estate Appraiser Classification and Regulation Act; enact................ SB 536

Real Estate Appraisers; license exception; county tax appraisal staff

HB 1289

Real Estate Appraisers; licensing, registration, classification ................... SB 613

Real Estate Appraisers; limit use by county tax assessor boards

HB 1124

Real Estate Brokers, Salespersons; trust or escrow funds; exclusive

agency agreements .................................................... HB 1283

Roofing Contractors; regulation of; create new licensing division

HB 1290

Scale Mechanics; registration, certification fees ............................ HB 1193

Speech-Language Pathology; supervised aides; scope of practice ............... SB 463

Taxidermists; licensing requirements; create state examining board ............ SB 333

Therapeutic Recreation, Practice of; licensure; regulation ..................... SB 464

Ticket Agents for Athletic Contests; increase service charges .................. SB 700

Used Motor Vehicles; auctioneers, dealers; change certain requirements,

exemptions; consumer judgments ....................................... HB 1637

Used Vehicles; parts dealers, dismantlers, salvage; registration, licenses,

inspection; auction companies .......................................... HB 1914

Wastewater Treatment Plants; industrial; certified operators ................ HB 1846

PROPERTIES COMMISSION (See Property Conveyances or State Government)

PROPERTY

Acquisition by Local Governments for Lake Purposes; disposition ........... HB 1667

Acquisition for an Airport; condemnation powers exercised

extraterritorially ........................................................ SB 173

Acquisition for Public Road Purposes; wetlands mitigation................... HB 674

Ad Valorem; public utilities; disputed assessments; appeals; date interest

begins to accrue; notices of proposed assessments ........................ HB 1562

Ad Valorem Tax; assessment; limit percentage of increase .................... SR 434

Ad Valorem Tax; assessment; notice of criteria used to compute .............. SB 502

Ad Valorem Tax; classify heavy vehicle construction equipment ............. HB 1279

Ad Valorem Tax; classification; nonresident owned heavy equipment

HR 715

Ad Valorem Tax; commissioners, collectors, appraisers; duties ................. SB 539

Ad Valorem Tax; fair market value criteria; land use restrictions ............. HB 233

Ad Valorem Tax; freeport exemption; procedures to qualify

HB 1286

Ad Valorem Tax; homestead exemption; leased property improvement

SB 440

Ad Valorem Tax; levy to finance services for at-risk children ................. SB 424

Ad Valorem Tax; return for taxation; real estate transfers

HB 1561

Ad Valorem Tax; returns; homestead exemption application; filing

SB 695

Ad Valorem Tax; vehicle construction equipment subject taxation

HB 1460

Ad Valorem Taxes; mobile home decals; violations; prosecution

HB 1927

Ad Valorem; taxpayer litigation; prerequisite; tax payment.................. HB 1428

Airport Development Authority Law, Georgia; enact

HB 1106

Anatomical Gift Act; organ procurement; revise provisions .................. HB 1929

Armed Forces Veterans Post Headquarters; ad valorem tax exemption

SB 280

Burial Sites; custodians; duty to protect; permits to disturb

HB 457

Cemeteries, Burial Grounds, Private Plots; abandoned; restoration,

maintenance costs; reimbursement to local authorities

HB 1611

Cemeteries; minimum size; exemption; counties less than 10,000

SB 490

Refer to numerical index for page numbers

3794

JOURNAL OF THE SENATE

PROPERTY (Continued)

Coastal Marshlands Protection; regulate activities, structures................ HB 1389

Community Service Organizations; exempt ad valorem property tax ......... HB 1375

Condemnation by Counties; costs paid to assessors fixed by court ........... HB 2044

Condemnation; urban redevelopment projects; rehabilitation ................ HB 1102

Construction Labor or Material Obligations; issuance of bad checks ........... SB 131

Corporations; conveyances; execution of documents; presumption

of authority .......................................................... HB 1612

Counties; sale or disposition; bidding, auction procedures ................... HB 1675

County Real Estate Deed Records; inspection of computerized index ....... HB 1378

Criminally Derived; illegal drug activity; prohibit sell or exchange ............ HB 324

Dedicated for Cemetery Use; construction of a funeral establishment .......... SB 236

Deeds; notices in compliance with Hazardous Site Response Act ............ HB 1394

Development Impact Fee Ordinances; hook-up and connection fees .......... HB 1103

Divorce Cases; disposition or transfer; change provisions...................... SB 479

Easements; Georgia Uniform Conservation Easement Act; enact............. HB 1388

Fair Housing; sale, rental, financing; discriminatory practices.................. SB 615

Fire Insurance Companies; premium taxes; exemption ...................... HB 1796

Foreclosure Sales; advertisement, affidavit recorded with deeds ................ SB 584

Forfeiture Under Controlled Substances Act; proceeds distribution ............. SB 73

Forfeiture Under Controlled Substances Act; seizure, disposition .............. SB 114

Forfeiture Under Controlled Substances Act; use of proceeds ................. SB 569

Georgia Uniform Conservation Easement Act; enact; repeal

Facade and Conservation Easements Act of 1976 ........................ HB 1388

Hazardous Material Sites; duties of property owners ....................... HB 1394

Head of Household; define relative malt beverage home production ............ HB 62

Housing Trust Fund for Homeless Commission; members; foreclosure.......... SB 512

Hunting on Lands of Another Without Permission; charges; dismissal.......... SB 573

Insurers; vehicle service agreements, extended warranties ................... HB 1532

Junk or Metal Dealers; secondary metals recyclers; regulation of ............ HB 1756

Land Acquisitions or Transfers; publication; Georgia Register Act ............. SB 379

Land Bank Authorities; powers; school tax delinquent properties ............ HB 1692

Land Owners; use of prescribed burning; liability; negligence.................. SB 543

Land Registration and Recording; fees; services of the sheriff ................. SB 496

Land Surveyors; certification; qualifications; use of seal...................... HB 143

Land Use Plans; surface mining activities; reclamation; permits ............... SB 523

Landmark Historic Property; preferential tax assessment; redefine ............. SB 607

Liens; hospitals; patient charges; claims; filing; time period ................... SB 170

Liens; improvements to place of residence; general contractors ................ SB 498

Liens; pledged goods in pawn transactions; grace period .................... HB 1144

Manufactured Homes, Mobile Homes; dealers, installers; regulate ........... HB 1039

Manufactured Homes; standards; warranty; damages; recovery fund ........... SB 509

Mobile Home Location Permits; decals; violations; prosecution ................ SB 617

Mobile Home Location Permits; decals; violations; prosecution ................ SB 783

Mobile Homes; owners, parks, associations; practices, procedures .............. SB 228

Nuisances; unfit structures; service of complaint to nonresidents ............ HB 1270

Pawn Transactions; liens; transactions involving motor vehicles ............. HB 1144

Pawnshop Transactions; vehicle storage fees ................................. SB 336

Private Parking Areas for Customers; signs at entrances ..................... HB 245

Private Parking Areas; information signs; posting requirements................ SB 505

Private Residences; physical access for handicapped persons .................. SB 547

Publicly Owned Land; volunteers for Natural Resources Department ...

HB 1387

Railroad Rights of Way; intact or abandoned; easements; agreements;

acquisition for public use; notice to owners .............................. HB 1689

Refer to numerical index for page numbers

INDEX

3795

PROPERTY (Continued)

Real Estate Appraiser Classification and Regulation Act; enact................ SB 536

Real Estate Appraisers; license exception; county tax appraisal staff ......... HB 1289

Real Estate Appraisers; licensing, registration, classification ................... SB 613

Rental; receipt of property by fraudulent acts; penalties .................... HB 1474

Residential Areas; notify residents of military practice maneuvers .............. SB 15

Residential; limit location of toll road collection facilities ..................... SB 400

Rezoning Applicants; campaign contribution disclosure; time limit............. SB 527

Sale of Personal Residence; income tax computation ....................... HB 1739

Searches With Warrants; officers reckless destruction; liability .............. HB 1749

Self-service Storage Facility; rental agreement; noncompliance ................ SB 648

State Properties Commission; terminate lease to Consolidated

Atlanta Properties, Ltd. ................................................. SR 196

Theft; fraudulent receipt of rental property; criminal offense................ HB 1474

Trespass, Criminal; jurisdiction of municipal courts ........................ HB 1211

Trespass; removal of improperly parked cars; liens for storage fees

SB 339

Unclaimed Crime Victim Restitution Payments; holding period;

disposition ........................................................... HB 1721

Unclaimed Property; times periods; subject custody of state ................ HB 1397

Wetlands Conservation Study Committee; continuation ...................... HR 789

Zoning Proposals; local special services districts; subdistricts .................. SB 836

Zoning; review procedures; separate county planning commissions ............ HB 825

PROPERTY CONVEYANCES (Also See State Government)

Athens-Clarke County; sewer easement, Area Technical Institute ............. HR 829

Baldwin County; easement to Doyle Beckham; water connection line .......... SR 377

Baldwin County; sell by public bid surplus DHR property .................... SR 363

Baldwin County; sell Ga. Forestry Commission surplus property............... SR 365

Baldwin County; sell surplus state land; S.R. #22 by public bid ............... SR 364

Berrien County; Patrick's Lake; J.C. Howell; land exchange................... SR 381

Calhoun Correctional Institute; easement; Georgia Power Company ............ SR 407

Chatham County; Chatham Service Corporation easement for cargo

handling facility; repeal 1982 Act......................................... SR 375

Chatham County; Goodwill Industries use of certain land; repeal 1980 Act . SR 375

Chatham County; P. D. Oil & Chemical Storage, Inc.; repeal 1983

Act authorizing easement ................................................ SR 375

Chatham County; VFW Post 660 lease agreement; repeal 1980 Act ............ SR 375

City of Abbeville; sewer main easement through Wilcox Correctional

Institute .............................................................. HR 787

City of Acworth; easement; highway, city improvements; repeal 1985 Act

SR 375

City of Atlanta; certain WCC property; utilize as rights of way................ SR 414

City of Atlanta; lease agreement; 1.5 acres between Whitehall-Peachtree

and Central Avenue.; repeal 1988 Act..................................... SR 375

City of Brunswick; easement to expand Academy Creek Wastewater

Treatment Facility; repeal 1983 Act ...................... SR 375

City of Calhoun; sell certain state-owned land tract to city .................. HR 716

City of Davisboro; easement; water supply metering facility ................... SR 407

City of Hawkinsville; water/sewer line easement to Pulaski

Women's Correctional Institution ........................................ HR 966

City of Moultrie; consent to annexation; GBI crime lab facility. ............. HR 1017

City of Twin City; easement for sanitary sewer line .......................... SR 407

City of Wrightsville; easement; access to water storage facility ................ SR 407

Clarke County; grant easement to Gary B. Blasingame, et. al ...

HR 939

Refer to numerical index for page numbers

3796

JOURNAL OF THE SENATE

PROPERTY CONVEYANCES (Continued)

Cobb County; convey surplus 25.84 acre tract to Board of Regents ............ SR 369

Colquitt County; easement; access to Colquitt County Fairgrounds

SR 418

Consolidated Atlanta Properties, Ltd., CAPCO; termination of lease ...... SR 196

Crisp County; Cordele Fish Hatchery; road right of way easement

SR 417

DeKalb County; DHR properties; easement; Georgia Power Company

SR 407

Department of Labor; disposition by sale, lease of former offices in

Athens, Macon, Moultrie, Thomasville and Tifton ........................ HR 778

Floyd County; Northwest Ga. Regional Hospital; easement; Southern Bell...... SR 407

Glynn County; easement; William A. Benson for marina, Frederica River . . . . . HR 788

Glynn County; land for new fire-fighting forestry facility ..................... SR 408

Gordon County; abandoned W&A Railroad right-of-way; sell to

William A. Davis ............................ HR 841

Gordon County; William A. Davis; property access; repeal 1988 Act ........... SR 375

Lowndes County; property in dispute; Wetherington/Coleman claims .......... SR 381

Macon Housing Authority; sale of National Guard Armory property ........... SR 474

Meriwether County; boundary line discrepancies; repeal 1984 Act

conveying state owned property .......................................... SR 375

Monroe County; Ga. State Patrol; power line easement; Central Ga.

Electric Membership Corporation......................................... SR 407

Peach County; annexation to City of Byron; repeal 1990 Act................. HR 133

Rabun County; easement for water intake line; Black Rock Mountain ...... SR 379

Richmond County; certain State Training School property;

sell to Board of Commissioners.......................................... HR 966

Rockdale County; grant lease for water reservoir at public park .............. HR 647

State-owned Property; marshlands, water bottoms; restrict leases ............ HB 1389

State Tollway Authority; powers; projects ................................. HB 1429

Stewart County; easement; Oglethorpe Power; transmission lines

SR 381

Tattnall County Wildlife Management Area; easement to Stanford

and Barbara Tillman

............. HR 831

Tennessee, Hamilton County and City of Chattanooga; lease

agreement; repeal 1988 Act authorizing ................................... SR 375

Tennessee, Hamilton County; lease agreement; repeal 1986 Act authorizing SR 375

Toombs County Indian Ford Farm; easement; Southern Bell for cable ......... SR 380

White County; state-owned property; sell to adjoining property owners;

repeal 1989 Act

.......................... SR 375

Whitfield-Murray Historical Society; easement; marker at Tunnel Hill .... SR 378

PROSTATE CANCER Health Insurance; covered males; tests for malignant tissue .................. HB 538 Tests for Early Detection; urge as part of state health policy ................. SR 524

PROSTHETIC DEVICES PAID FOR BY MEDICARE, MEDICAID; exempt sales tax ............................ HB 332

PROTECTION OF TIDEWATERS ACT; enact

HB 1390

PSYCHOTHERAPISTS

Clinical Social Workers; evaluation of persons needing

emergency mental health treatment..................................... HB 1068

Evaluations of Incapacitated Adults; maximum compensation ............... HB 1175

Health Insurance Claims; benefit assignment; direct payments

SB 677

Offense of Sexual Assault Against Persons Under Psychotherapy

HB 1523

Privileged Communications; extend privilege of confidentiality

HB 1435

Psychologists; scope of practice; certain acts physicians perform

HB 408

Psychologists, State Board of Examiners; extend to 1998

HB 1572

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INDEX

3797

PSYCHOTHERAPISTS (Continued) State Board of Examiners of Psychologists; repeal termination ................ SB 535

PUBLIC ASSISTANCE (Also See Social Services or Human Resources or Medicaid) AFDC Children; eligibility; school attendance; job training apprenticeship program................................................ HB 1931 AFDC; Educational Reinvestment Act for AFDC Families, Children ........ . SB 198 AFDC Preschool Age Children; immunization requirements ................. HB 1312 Checks Awarded Recipients; banks required to cash........................... SB 12 DFACS; families with dependent children; school attendance required ........... SB 7 Family Ceases to Receive Assistance; child support services ................. HB 1519 Medicaid; expansion; use of moneys from Indigent Care Trust Fund .......... HR 840 Medicaid; expenditures for nursing facility care; study of ..................... SR 465 Medicaid; health providers who terminate participation; penalty .............. SB 680 Medicaid; long-term care facilities withdrawing from program ................. SB 681 Medicaid; long-term care issues and costs; commission to study ............... SR 373 Medicaid; mental health services; state commission to study .................. SB 811 Medicaid; nursing home providers; require fire sprinkler systems .............. SB 182 Medical Assistance; commissioner; ex officio member of State Board of Nursing Home Administrators ....................................... HB 1573 Mental Health; state hospitals; patients; liability for costs .................... SB 790 Welfare Recipients; review of programs that encourage dependency ............ SR 528

PUBLIC DEFENDERS (Also See Criminal Procedure or Courts or Legal Defense); Creation of the Office of Multicounty Public Defender ....................... SB 545

PUBLIC OFFICERS AND EMPLOYEES (Also See State Employees

or State Government)

Agency Budget Unit Heads; reports; property purchase, lease ................. SB 638

Agency Budgets; annual report of fiscal affairs; program review ............... SB 642

Agriculture Commissioner; campaign contributions; prohibitions ............... SB 458

Agriculture Commissioner; powers; scale registration fees ................... HB 1193

Agriculture Commissioner; term limitation; amend Constitution

... SR 357

Attorney General; term limitations; amend Constitution ...................... SR 357

Auditor, State; perform program reviews requested by legislative

fiscal oversight committee ............................................... SB 410

Campaign Contributions; limit disposition of excess funds .................... SB 483

Campaign Contributions; made or accepted; time period limitation ............ SB 481

Candidates for Elected Public Office; campaign expenditure limitations ........ SB 239

Chaplains; employ full-time in correctional institutions ....................... SB 503

Chaplains; reinstate or create positions under Merit System .................. SB 471

City Clerks; training classes; establishment of; expenses .................... HB 1107

Commission on Equal Opportunity; provide for agency divisions .............. SB 614

Congressional Districts of Georgia; reapportion eleven districts ................ SB 705

Congressional Districts of Georgia; reapportion eleven districts .............. HB 1657

Coroners; autopsies; consent requirements; exception ........................... SB 3

Coroners; qualifications; age, training; death investigations ..................... SB 33

Correctional Officers; service retirement allowance at age 55 .................. SB 187

County School Superintendents; change residency requirements;............. HB 1371

Drug Testing of Safety Sensitive and Critical Personnel Act of 1991 .......... HB 933

Education, Office of Commissioner; creation; amend Constitution ...

SR 150

Elected Officials; election by plurality of votes cast .......................... SB 306

Elected Officials; ineligible employment until certain time period .............. SB 165

Election by Plurality of Votes; certain state officials; amend Constitution ...... SR 169

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3798

JOURNAL OF THE SENATE

PUBLIC OFFICERS AND EMPLOYEES (Continued)

Election Campaigns; contributions; restrict use future campaigns . ... SB 781

Emergency Management Agency; provide for a director; duties ................ SB 595

Employee Performance Deliberations; open meetings exception ................ SB 604

Employees Driving Vehicles Owned or Leased by State; insurance ........... HB 1933

Employees of DHR Mental Retardation Service Centers; health benefits

.SB 444

Employees of Outpatient Mental Health Centers; line-of-duty injuries;

additional benefits .................................................... HB 1979

Employees' Retirement; disability retirees; earnings limitations ................ HB 38

Employees' Retirement; retirees; reestablishing spousal options ................ SB 166

Employees' Retirement System; creditable service; legislative

part-time service ........................................................ SB 447

Employees' Retirement; withdrawn contributions; reestablish

HB 39

Employment of Persons Related by Blood or Marriage; restrictions

SB 482

Environmental Protection Division; director; appointment ..................... SB 30

Environmental Protection Division; director; appointment ..................... SB 40

Environmental Protection Division; director; appointment; salary .............. SB 102

Ethics; candidates for any public office; limit contributions .................. HB 521

Ethics in Government Act of 1992; comprehensive regulations................. SB 597

Ethics; Public Officials Conduct and Lobbyist Disclosure Act ............... HB 1125

Ethics Training; amend Constitution to provide for all officers ............... HR 859

Ethics Training; public officers, registered agents; requirements ............. HB 1648

Executive Branch;' elected officials; name on promotional brochure............. SB 686

Executive Branch; officials; name or picture on promotion materials, signs . HB 1647

Executive, Judicial, Legislative Branches; furlough days

...... SB 510

Firefighters' Bill of Rights; allegations; interrogation; inquiry.................. SB 296

Flexible Benefits Plan; deduction; property, casualty insurance

SB 770

General Assembly; former members; issuance of identification cards

SB 220

General Assembly; members; air travel reimbursement; limitations........... HB 1311

General Assembly Members and Lt. Governor; term limitation ................ SR 350

General Assembly Members and Lt. Governor; term limitations ............... SR 357

General Assembly; members; campaign contributions; acceptance

during a legislative session prohibited................................... HB 1565

General Assembly; members; health insurance; share of costs ................. SB 756

General Assembly; members; reduction in salaries; conditions ................. SB 510

General Assembly; members; retirees returning to state service ............... HB 310

Georgia Department of Buildings Act; provide for new department .......... HB 2065

Georgia Music Hall of Fame Authority; compensation of members............. SB 857

Georgia Ports Authority; additional members; terms; quorum ................. SB 679

GeorgiaNet Authority; officers, employees; retirement membership

HB 203

Governing Bodies; filling of vacancies in office; appointments ................ HB 235

Governor; elect, serve one 6-year term of office; amend Constitution ............ SR 16

Governor's Development Council; membership; composition ................... SB 590

Grievances; filing procedures; provide an Arbitration Commission.............. SB 106

Hazardous Chemical Exposure; delete training program requirement......... HB 2029

House of Representatives; change composition of certain districts

as reapportioned by 1992 HB 1340; Act No. 672 ........................... SB 174

House of Representatives; 180 reapportioned election districts............... HB 1337

House of Representatives; 180 reapportioned election districts

HB 1340

Indemnification; Public Service Commission enforcement personnel............ SB 377

Injuries Incurred in Line-of-Duty; compensation; eligibility ................... SB 476

Insurance Commissioner; term limitation; amend Constitution................. SR 357

Insuring and Indemnification; reinsurance; contract liability................. HB 1933

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INDEX

3799

PUBLIC OFFICERS AND EMPLOYEES (Continued)

Labor Commissioner; powers; education programs; removal of

uncollectable debts on financial records ................................. HB 1658

Labor Commissioner; term limitation; amend Constitution

... SR 357

Law Enforcement Officers; discipline actions; complaint review board

.SB 203

Law Enforcement, Posses, Auxiliaries, Voluntary Officers; study committee . . . . . SR 222

Legislative, Congressional Redistricting Service Bureau; create ................ SB 843

Medical Examiners; Anatomical Gift Procurement Advisory Board

... HB 1929

Medical Examiners, Coroners; redefine autopsies, limited dissection............ SB 302

Merit System; unclassified service; public safety personnel ..................... SB 17

Merit System, University System Personnel; compensation; study of

SR 420

Minority Educator Recruitment, Office of; creation........................... SB 433

Municipal Gas Authority; membership; utility or gas employees

SB 720

Notaries Public; performance bonds; amount; misconduct cases

SB 719

Office Hours for Probate Court Judges, County Tax Officials

SB 291

Office of Planning and Budget; director; membership on State Financing

and Investment Commission; amend Constitution

SR 200

Pension and Retirement Systems; committee to study

SR 354

Personnel Reduction in Force; requesting agencies phase-in plan

SR 534

Political Activities; authority to engage; conditions

SB 23

Privileged Communications; investigative reports; defense to libel

SB 285

Public Officials; monetary honorariums; prohibitions ......................... SB 480

Public Records Used Commercial Solicitation; access limitations .............. SB 588

Public Service Commission; chairman; selection method; seniority ............ HB 829

Public Service Commission; members; term limitation ........................ SR 357

Regional Development Centers; employees; activity restrictions

HB 1680

Retirees; benefits; parttime service; earnable compensation................... HB 309

Retirement; creation of Georgia Defined Contribution Plan ................. HB 1596

Retirement; creditable service for calculating benefits ........................ SR 392

Secretary of State; duties; fees to cover cost of services. .................... HB 1004

Secretary of State; term limitation; amend Constitution ...................... SR 357

Senatorial Districts; reapportion members to take office in 1993 ............... SB 566

Senatorial Districts: reapportion members to take office in 1993 ............... SB 567

State Employees; classified service; breaks during 8 hour shift ................ SB 558

State Employees; family or medical leave period; entitlement

SB 831

State Employees; retirees; consultant services to state agencies ................ SB 541

State Employment; veterans' preference; Operation Desert Shield or

Desert Storm active duty ................................................ SB 552

State Hospital Employees; retirees; medical care; payment of cost ............. SB 465

State Officials; compensation; methods of making future changes.;

HB 1129

State Patrol; personnel; promotion procedures; disciplinary actions;

internal affairs investigators; abolish Disciplinary Board .................. HB 1530

State Patrol; use of departmental equipment ................................ SB 493

State School Superintendent; term limitations ............................... SR 357

Tort Actions; liability; waiver of sovereign immunity; limitations

SB 415

PUBLIC OFFICIALS CONDUCT AND LOBBYIST DISCLOSURE ACT OF 1992; enact .................................................. HB 1125

PUBLIC RECORDS

Access to; reproductions; per page copying fees

SB 345

Counties; property sale or disposition; bids open to inspection

HB 1675

Courts; Sunshine in Litigation Act ......................................... SB 610

Data, Materials Used Redistricting Purposes; public access

SB 139

Refer to numerical index for page numbers

3800

JOURNAL OF THE SENATE

PUBLIC RECORDS (Continued)

Data, Materials Used Redistricting Purposes; public access. ................... SB 136

Disclosure; exemption; internal investigatory records of law enforcement

or peace officers ........................................................ SB 146

Juvenile Fingerprint, Photo Files; disclosure conditions ....................... SB 260

Juvenile Proceedings; delinquency cases; records inspection .................. HB 683

Juvenile Proceedings; inspection of court files, records........................ SB 492

Open Records; disclosure; amend requirements; prohibited uses ............... SB 604

Property Acquired by State; disclosure; relationship of parties ................ SB 638

Proprietary Confidential Information Submitted Public Service

Commission; request for protective orders ................................. SB 420

Public School Systems; audit reports; public inspection. ...................... SB 511

Reapportionment; legislative, congressional redistricting plans, census data

SB 137

Records Used for Commercial Solicitation; access not required ................ SB 588

Secretary of State; information, documents, copies; user fees ................ HB 1004

State Board of Pardons and Paroles; voting records; inspection ............... SB 621

State Printing; elected official name on promotional brochures ................ SB 686

State Printing; promotional materials, signs; name or picture of

officials .............................................................. HB 1647

Telephone Companies; unlawful disclosure customer's personal records

SB 297

PUBLIC RETIREMENT SYSTEMS STANDARDS LAW (See Retirement and Pensions)

PUBLIC SAFETY DEPARTMENT (Also See Motor

Vehicles or Law Enforcement)

Administration of Driver Improvement Programs; regulations ................. SB 505

Administration of Georgia Bureau of Investigation as New Division............. SB 74

Administration of Georgia Fire Academy as New Division ..................... SB 74

Administration of Georgia Police Academy as New Division.................... SB 74

Administration of Georgia Public Safety Training Center, New Division

SB 74

Administration of Georgia State Patrol as New Division ...... SB 74

Administrators; service as a fireman; retirement membership ................. HB 711

Commercial Division; establish; supervision of GBI as a division

SB 500

Complaints Against Officers; investigatory records; disclosure.................. SB 146

Complaints Against Officers; procedures; discipline; rights; review ............. SB 203

Consent to Annexation; certain property; City of Gainesville ................. HR 645

Crime Information Center; fingerprint check, World Congress

Center Employees............................... SB 387

Driver Improvement Clinics; licensees; solicitation restrictions ............... HB 1582

Driver Training Schools; licensure; renewal; fees; minimum surety bond

HB 824

Driver Training Schools; surety bonds; license fees ........................... SB 765

Driver's License; reinstatement; certificates of completion of DUI

clinics, programs approved other states ................................. HB 1508

Driver's Licenses; applicant fingerprint information requirements

SB 75

Drug Testing of Safety Sensitive and Critical Personnel Act of 1991

HB 933

Emergency Calls; ambulance providers; territorial zones ...................... SB 810

Emergency Vehicles; designation; certain private vehicles ..................... SB 499

Firearms, Ammunition; state-wide regulation; dealer information .............. SB 778

ID Cards for Persons Without Licenses; valid for 4-year period

SB 505

Issuance of Identification Cards; change fees .............................. HB 1145

Law Enforcement; emergency or crime scenes; primary authority .............. SB 674

Law Enforcement Services, Training Academies; create new department,

commissioner; divisions and directors; "Super-Chief Bill" .................... SB 74

Law Enforcement Training Centers; family violence crimes

HB 1763

Refer to numerical index for page numbers

INDEX

3801

PUBLIC SAFETY DEPARTMENT (Continued)

License Plates, Decals; reflective material specifications

SB 508

Motor Vehicles; emissions inspections; change powers, duties

HB 1440

Motor Vehicles; emissions inspections; regulatory agency

SB 485

Motorcycle Riders, Passengers; protective headgear requirements

SB 247

Peace Officers; training; completion of basic course; time limit

HB 631

Public Safety Radio Channel; joint use; inapplicable Fulton County

SB 801

Speed Detection Devices; FCC certification; repeal requirement ............... SB 779

Speed Detection Devices; traffic engineering permit applications ............... SB 551

Speed Detection Devices; use of radar devices on hills........................ SB 550

State Patrol Alpha Team; commend ........................................ SR 547

State Patrol; promotion procedures; disciplinary actions; internal

affairs investigators; abolish Disciplinary Board .......................... HB 1530

Traffic Offenses; reports by courts through electronic methods

HB 1121

Traffic Violations; reports by courts of disposition of ....................... HB 1275

Uniform Division; use of department equipment subject approval

SB 493

Vans or Van Pool Programs; revise definition in Code Titles

SB 729

PUBLIC SCHOOL EMPLOYEES RETIREMENT

Benefits; application; effective date ....................................... HB 1230

Former Members; membership in Teachers Retirement; contributions

HB 912

PUBLIC SCHOOLS (See Education or Schools)

PUBLIC SERVICE COMMISSION

Buses for Hire; civil actions; presumption of negligence repealed

HB 1470

Chairmanship; method of selection based upon seniority ..................... HB 829

Electric Utility Lines; High-voltage Safety Act; enact....................... HB 1663

Household Goods Carriers; invalid certificate; fines, assessments ............. HB 1539

Jurisdiction; exclude retail sale of natural gas for vehicle fuel ............... HB 1633

Law Enforcement Personnel in Line of Duty; indemnification ................. SB 377

Members; future successors to office shall be appointed by

Governor on Basis of Qualifications ...................................... HR 332

Members or Candidates; Public Officials Conduct and Lobbyist

Disclosure Act ........................................................ HB 1125

Motor Carriers; enforcement functions; transfer PSD Division................. SB 500

Motor Common Carriers; clarify haulers of agricultural products

SB 812

Municipal Gas Authority; members; change qualifications ..................... SB 720

Powers; telephone companies; plans for county-wide calling

SB 369

Proprietary Confidential Information; trade secrets; request for

protective orders ........................................................ SB 420

Public Telecommunications Commission; director; membership on

Distance Learning and Telemedicine Network Governing Board ............. SB 144

Public Utilities; electric, gas, telephone companies; limit alien, foreign

ownership of voting stock................................................ HB 12

Radio Utilities; combined newly formed service area; PSC powers

SB 580

Radio Utilities; mobile radio subscriber service areas; termination

procedures ........................................................... HB 1624

Railroad Lines; purchaser or transferee honor labor contracts

SB 632

Regulation of Limousine Carriers; permit; fees; chauffeur license

HB 1282

Special Operating Fees Apportioned Among Utilities; calculation

HB 901

Telephone Area Codes; prohibit splitting certain counties

SB 581

Telephones; public pay phone; free emergency calls

SB 206

Telephones; 16-mile toll free calling; rate-making powers

SB 144

Trucks; household goods, commodity carriers; rate regulations

SB 432

Van Pool Programs; revise definition in Code Title

SB 729

Refer to numerical index for page numbers

3802

JOURNAL OF THE SENATE

PUBLIC UTILITIES AND TRANSPORTATION (Also

See Transportation)

Air Transportation; create Georgia Airport Development Authority

SB 244

Air Transportation Projects; create Airport Development Authority............ SB 718

Airport Development Authority, Georgia; purpose; future projects ............. SB 544

Airport Development Authority Law, Georgia; enact ....................... HB 1106

Buses for Hire; civil actions; presumption of negligence repealed ............ HB 1470

Contractors; utility, conditioned air, low-voltage; business tax ................ HB 750

Counties; utility construction projects; acceptable materials ................. HB 1255

Counties; water, sewer projects; acceptable materials ......................... SB 119

Developmental Highway System; revise; delete Outer Perimeter ............... SB 652

Drug Testing of Safety Sensitive and Critical Personnel Act of 1991 .......... HB 933

Electric Power Plants; easements; environmental compliance .................. SB 657

Electric Utility Lines; High-voltage Safety Act; enact....................... HB 1663

Fuel Tax Credits; urge extend federal credit for alternate fuels ...

SR 105

Georgia Ports Authority, additional members; terms; quorum ................. SB 679

Hazardous Waste Management; state policy, programs; surcharges ........... HB 1394

Hazardous Waste Sites; transportation factors, route safety ................... SB 745

Highways; load limitations; fines; sharing of revenues....................... HB 1396

Highways; load limitations; violations; failure to pay penalties................. SB 698

Highways; vehicle weight, height, length, load limitations; permits ........... HB 1904

Highways; weight violations; assessments; failure to pay ...................... SB 698

Limousines; carriers, chauffeurs; license; regulation; requirement. ............ HB 1282

Motor Common Carriers; clarify haulers of agricultural products .............. SB 812

Motor Fuel Taxes; use of revenue; amend Constitution ....................... SR 348

Municipal Gas Authority; membership; utility or gas employees

....

SB 720

Property Conveyance; grant easement areas for water, utility

telecommunication, sanitary facilities in 8 counties ......................... SR 407

Public Service Commission; chairman; selection method; seniority ............ HB 829

Public Service Commission; enforcement personnel; indemnification ........... SB 377

Public Service Commission; future members; appointment by Governor ....... HR 332

Public Service Commission; special operating fees; calculation method ........ HB 901

Public Service Commission; submitted proprietary confidential

information; trade secrets; protective orders ............................... SB 420

Public Transit Bus, Rail, Terminal; unlawful to sell, make altered

tokens, transfers, transaction card to gain entry. ......................... HB 1471

Public Transit; bus stop shelter restrictions, requirements .................... SB 616

Public Utilities; ad valorem tax disputed assessments; appeals; date

interest begins to accrue ............................................... HB 1562

Public Utilities; electric, gas, telephone companies; limit alien, foreign

ownership of voting stock................................................ HB 12

Radio Utilities; combined newly formed service area; PSC powers ............. SB 580

Radio Utilities; mobile radio subscriber service areas; termination

procedures ........................................................... HB 1624

Rail Passenger Service Between Major Population Centers; study of ........... SR 513

Railroad Rights of Way; acquisition for public use; first right of

refusal; preservation agreements; recreational trail systems ................ HB 1689

Roads; tollbooth facility; proximity residential property ...................... SB 400

Rural Telephone Cooperatives; offices in certain populated cities ............ HB 1694

Savannah River Nuclear Plant Site; opposing materials production ............ SR 471

State Transportation Board; members; removal from office. ................... SB 656

Telecommunications; Distance Learning and Telemedicine Network ........... SB 144

Telecommunications; provide 16-mile toll free telephone calling ............... SB 144

Refer to numerical index for page numbers

INDEX

3803

PUBLIC UTILITIES AND TRANSPORTATION (Continued)

Telephone Advertising Directories; deceptive representation of

businesses with long-distance numbers .................................. HB 1314

Telephone Area Codes; prohibit dividing certain counties ..................... SB 591

Telephone Companies; unlawful disclosure customer's personal records

.SB 297

Telephones; plans by companies for county-wide local calling ................. SB 369

Telephones; public pay phone; free emergency calls .......................... SB 206

Tollway Projects Financed or Operated by Private Entities ................. HB 1429

Trains; penalty for discharging a firearm at a moving train ................... SB 727

Transportation Department; enforcement; transfer functions to PSD

SB 500

Transportation Trust Fund; new motor fuel, aviation fuel taxes ............... SR 477

Trucks; household goods carriers; invalid certificates; fines

HB 1539

Utilities; funds held or owed; unclaimed property; time period .............. HB 1397

Vehicles Transporting Loads; failure to adequately secure

HB 1487

Vehicles Transporting Manufactured Homes; single-trip permits............... SB 611

Vehicles Transporting Manufactured Homes; single-trip permits............. HB 1459

PULASKI COUNTY; Board of Education; election districts; reapportion

HB 1948

PUTNAM COUNTY Board of Commissioners; compensation; cost of living increases .............. HB 952 Board of Commissioners; election districts; reapportion ....................... SB 706 Board of Education; election districts; reapportion ........................... SB 707 Sheriff; change compensation .............................................. SB 691 State Court; judge, solicitor, assistants; insurance, compensation............... SB 343 Tax Commissioner; change compensation.................................... SB 692

Q

QUALITY BASIC EDUCATION ACT (Also See Education)

Capital Outlay Funds; approved uses; facility construction .................... SB 587

Capital Outlay Funds; local consolidation plans; opposition petitions........... SB 155

Capital Outlay Funds; projects in schools less than base size

HB 1793

Funding; calculation using student enrollment count method .................. SB 784

Funding; media centers; instruction costs, early elementary grades

HB 999

Funding; postsecondary technical and adult education; study of ............... SR 431

Local Fair Share Funds; calculation; per capita income multiplier

SB 514

Local Fair Share Funds; using certain per capita income figures .............. HB 999

Local Fair Share; limit amount local systems required to spend ............... SB 537

Local School Districts; delete school size as determining factor ................ SB 538

Media Center Equipment; costs of computer hardware, software............... SB 571

QUITMAN, CITY OF City Commission; repeal 1982 Act fixing compensation ....................... SB 758 City Officials; compensation; repeal Act according 1980 Census .............. HB 2001
Refer to numerical index for page numbers

3804

JOURNAL OF THE SENATE

R

RABIES CONTROL; Feline Inoculations; procedures; certificates.............. SB 602

RABUN COUNTY

Ad Valorem; homestead exemption; certain residents; referendum ........... HB 1849

Clayton-Rabun County Water and Sewer Authority Act .................... HB 1623

Mountain Judicial Circuit; superior court; jurisdiction ...................... HB 1288

Property Conveyance; easement; water line; Black Rock Mountain............. SR 379

Rabun County Economic Development Authority Act; enactment

HB 1707

Sheriff; compensation ................................................... HB 828

RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS, RICO ACT; Violations; sentence imposed; limit parole actions ............. HB 1607

RADAR SPEED DETECTION DEVICES (Also See Speed

Regulations or Motor Vehicles)

County, Municipal Traffic Engineers; permit application update ............... SB 551

Highways; use of devices on hills; repeal prohibition

SB 550

Speed Detection Devices; FCC certification; repeal requirement ............... SB 779

RADIO UTILITIES Mobile Radio Subscriber Service Areas; PSC powers to combine .............. SB 580 Mobile Radio Subscriber Service Areas; termination procedures ............. HB 1624

RAILROADS

Abandoned Rights of Way; acquisition for public use; procedures

HB 1689

Abandoned Rights of Ways, Corridors for Recreational Trail Purposes;

urge utilize federal funds to acquire ....................................... SR 25

Companies; purchaser or transferee honor labor contracts

SB 632

Firearms Discharged at a Moving Train Causing Injury; penalty

SB 727

Grade Crossing Elimination; division of costs; shared parties

SB 286

Property Conveyance; sell abandoned W&A right-of-way; Gordon County

HR 841

Public Transit; rail; payment for entry; altered tokens, cards

HB 1471

Rail Equipment Operations; High-voltage Line Safety Act

HB 1663

Rail Passenger Service Study Committee .................................... SR 513

Surface and Air Transportation Regional Authority; creation by

contiguous counties; membership; powers; bonds; ordinance

HB 919

RAMSEY, HONORABLE TOM; commend

SR 622

RANDOLPH COUNTY; Board of Commissioners; when compensation not paid ............................................................... HB 1108

RAPE; Victims Under Age 16; exclusion relating to prosecution limitation

HB 240

RAY, SENATOR WALTER; excused; illness .............................. Page 699

REAL ESTATE (Also See Property or Professions)

Ad Valorem Taxes; property acquired by real estate transfer

HB 1561

Appraisers; dune field boundary; shoreline engineering activity ................ SB 725

Appraisers; license exception; county tax appraisal staff .................... HB 1289

Appraisers, State Board; repeal termination

SB 535

Brokers and Salespersons; licensee; appraiser classification .................... SB 536

Brokers and Salespersons; licensees; appraiser classification

SB 613

County Real Estate Deed Records; inspection of computerized index

HB 1378

Foreclosure Sales; advertisement, affidavit recorded with deed

SB 584

Refer to numerical index for page numbers

INDEX

3805

REAL ESTATE (Continued)

Georgia Real Estate Commission; repeal termination ......................... SB 535

Income Tax Computation; gain on sale of personal residence

HB 1739

Licensees; trust funds; exclusive agency contract; violations ................. HB 1283

Real Estate Appraiser Classification and Regulation Act ..................... .SB 613

Real Estate Appraiser Classification and Regulation Act; enact................ SB 536

Sale, Rental, Financing of Dwellings; discriminatory practices ................. SB 615

REAPPORTIONMENT

Congressional Districts; composition; eleven districts of Georgia ............... SB 705

Congressional Districts; composition; eleven districts of Georgia

HB 1657

Data, Materials Used Redistricting Purposes; public access ................... SB 136

Establishment of a Redistricting Service Bureau; powers, duties ............... SB 843

House of Representatives; change composition of certain districts

as reapportioned by 1992 HB 1340; Act No. 672 ........................... SB 174

House of Representatives; 180 reapportioned election districts............... HB 1337

House of Representatives; 180 reapportioned election districts............... HB 1340

Legislative, Congressional Redistricting; population criteria, specifications,

boundaries; judicial review ............................................... SB 138

Legislative, Congressional Redistricting; procedures; plans, requirements,

public access; introduction as a bill; census geography ...................... SB 137

Legislative, Congressional Redistricting; procedures; public hearing

SB 135

Legislative, Congressional Redistricting; procedures; public hearings,

records access; population criteria; judicial review .......................... SB 139

Senatorial Districts Electing Members to Take Office in 1993 ......... SB 566

Senatorial Districts Electing Members to Take Office in 1993 ................. SB 567

Voting Districts; reapportioned or changed; new registration cards ........... HB 1372

RECYCLING Market Development, Government Purchase Policies; study of ................ SR 530 Recycling Market Development Council; membership....................... HB 1386 Recycling Market Development Council; state grants ....................... HB 1385 Solid Waste Recycling or Facilities; loans to local governments ............... HR 732 State-wide Recycling Collection Program for State Agencies ................ HB 1386

REGIONAL DEVELOPMENT CENTERS (Also See Authorities)

Boards; membership; designee of chief elected official ........................ SB 654

Business Transactions; disclosure; bid procedures; restrict activity of

affiliated persons; report of contractors, funds received ................... HB 1680

Emergency Services; use of proceeds, drug violation forfeitures ................ SB 569

Powers; create nonprofit corporations; functions; expenses .................... SB 660

Representation; Governor's Ground-water Advisory Council

SB 618

REIDSVILLE STATE PRISON CANINE HANDLERS AND OFFICERS; commend.................................................... SR 527

REINHARDT COLLEGE PARKWAY; designate

HR 790

RELIGIOUS ORGANIZATIONS OPERATING HOUSING FOR OLDER PERSONS; age limits ........................................... SB 615

R.E.M. BAND MEMBERS; commend ..................................... HR 945

RENTAL BUSINESSES

Auto Rental Companies; require vehicle registration, licensing

SB 307

Housing Rentals; discriminatory practices ................................... SB 615

Self-service Storage Facilities; owner-occupant agreements .................... SB 648

Theft; fraudulent receipt of rental property; criminal offense ................ HB 1474

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3806

JOURNAL OF THE SENATE

REPTILES; Poisonous; use in religious service or gathering prohibited

.SB 21

RESTAURANTS (See Food)

RETIREMENT AND PENSIONS

Code Title 47; correct errors and omissions................................ HB 1234

District Attorneys; emeritus; surviving spouse benefit options

HB 551

District Attorneys; retirees; delete certain restriction ......................... SB 288

District Attorneys' System; former members; superior court judges ........... HB 801

District Attorneys' System; transfer of creditable service..................... HB 184

Employees' System; correctional officers; retirement at age 55 ................. SB 187

Employees' System; creditable service; Corrections employees ................. SB 245

Employees' System; creditable service; forfeited leave ........................ SB 340

Employees' System; creditable service; Judicial Council of Georgia............. SB 445

Employees' System; creditable service; legislative part-time service

SB 447

Employees' System; creditable service; out-of-state teaching service ............ SB 109

Employees' System; deceased spouse beneficiary; new spouse option .......... HB 394

Employees' System; disability retirees; earnings limitations ................... HB 38

Employees' System; membership; additional judicial employees............... HB 588

Employees' System; membership; Children, Youth Services Department...... HB 1549

Employees' System; membership; employees of GeorgiaNet Authority ......... HB 203

Employees' System; membership of new state agencies ....................... HB 41

Employees' System; retirees; parttime earnable compensation ................ HB 309

Employees' System; retirees; predeceased spouse; remarriage .................. SB 166

Employees' System; withdrawn contributions; reestablish credit ............... HB 39

Fines, Forfeitures, and Fine Add-ons; committee to study purposes ........... HR 347

Firemen's Fund; bill introduction requirements; repeal exemptions .......... HB 1593

Firemen's Pension Fund; benefits; revocation of spouse options .............. HB 635

Firemen's Pension Fund; creditable prior eligible service..................... HB 634

Firemen's Pension Fund; membership; public safety administrators ........... HB 711

Firemen's Pension Fund; premium tax; exempt for specific property ......... HB 1796

Fulton County Probation Employees; retirement membership ................. SB 795

Georgia Defined Contribution Plan; creation............................... HB 1596

Legislative Retirement System; retirees; parttime state service ............... HB 310

Municipal Employees' Benefits; membership; local authorities ............... HB 1229

Peace Officers Fund; creditable service; purchase of prior service .............. SB 122

Peace Officers Fund; membership; 16 years of service ........................ SB 341

Pensions, Annuities, Benefits; collection of income tax through

withholdings.......................................................... HB 1739

Probate Court Judges Fund; cost-of-living benefits ............................ SB 47

Probate Court Judges Fund; creditable service; benefits; dues .................. SB 60

Probate Court Judges Fund; eligibility; age 55 with 10 years service

SB 337

Probate Court Judges Fund; membership; employees of board ................. SB 61

Public School Employees; prerequisite to receiving benefits

...

HB 1230

Public Systems; calculation of benefits; creditable service ..................... SR 392

Retirees; consultant services to state agencies; limitations ..................... SB 541

Sheriffs' Fund; service credit; appointees filling a vacancy ................... HB 501

State Pension and Retirement Funds; committee to study combining .......... SR 354

Superior Court Clerks' Fund; payments from fines; inapplicable Fulton

County ................................................................ SB 798

Superior Court Judges; creditable service; state court judge, solicitor...... HB 183

Superior Court Judges; creditable service; state court judge, solicitor........... SB 149

Teachers; alternative service retirement allowance at age 55. ....

SB 249

Teachers; creditable service; absence due to pregnancy ...................... HB 216

Teachers; creditable service; certain graduate study .......................... SB 121

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INDEX

3807

RETIREMENT AND PENSIONS (Continued)

Teachers; creditable service; private school teaching service ................... SB 266

Teachers; creditable service; withdrawn contributions; reestablish............. HB 346

Teachers; disability retirement; effective date; benefits ...................... HB 311

Teachers; early retirement; 30 years of service basis .......................... SB 108

Teachers; members; transferees from Employees' Retirement System .......... HB 37

Teachers; membership; attendance officers ................................. HB 353

Teachers; membership; employees of Department of Technical and

Adult Education ........................................................ SB 148

Teachers; public school employees who elect to become members............. HB 912

Teachers; retirees; death of spouse; election of new option .................. HB 1753

Teachers; withdrawn contributions; reestablish credit......................... HB 39

Teachers; withdrawn contributions; reestablishment of credit................ HB 1594

Trial Judges and Solicitors Fund; members over age 70 in office .............. SB 529

Trial Judges and Solicitors Fund; retirees; county supplement

SB 546

Trial Judges and Solicitors Fund; senior judges or district attorney

emeritus; eligibility..................................................... HB 900

Trial Judges and Solicitors Fund; solicitors; transfer credit .................. HB 183

REVENUE AND TAXATION

Ad Valorem; additional county board of equalization; DeKalb County

HB 2041

Ad Valorem; aggrieved taxpayers; litigation in civil actions.................. HB 1428

Ad Valorem; assessment; computing property values; notices

SB 502

Ad Valorem; assessment services; city contracts with county ................ HB 1114

Ad Valorem; boats; tax situs; 184 days or more requirement ................ HB 1263

Ad Valorem; county board of tax assessors; elections .......................... SB 44

Ad Valorem; county boards of equalization; additional boards ............... HB 1114

Ad Valorem; county tax digests; digest evaluation cycles; review by

state revenue commissioner; approval, appeals procedures................. HB 1595

Ad Valorem; delinquent tax payments; penalties; certain counties ............. SB 633

Ad Valorem; different assessment of property by city and county.............. SB 793

Ad Valorem; disputed assessments; public utilities; appeals;

date interest begins to accrue .......................................... HB 1562

Ad Valorem; due and payable; counties between 400,000 - 500,000

HB 2042

Ad Valorem; exemption; armed forces veterans post headquarters

SB 280

Ad Valorem; exemption; property of qualified community

service organizations; referendum ....................................... HB 1375

Ad Valorem; exemption; vessels used reduce air, water pollution .............. SB 734

Ad Valorem; freeport exemption; goods, materials, inventory; qualifying

procedures; clarify conditions; referendum elections ...................... HB 1286

Ad Valorem; homestead exemption filing; Clarke County ................... HB 1896

Ad Valorem; homestead exemption; leased property improvement ............. SB 440

Ad Valorem; interest on unpaid taxes; Clarke County ...................... HB 1894

Ad Valorem; joint boards of tax assessors; appeals and review

HB 1118

Ad Valorem; joint city-county boards of tax assessors; transition

when abolished ....................................................... HB 1537

Ad Valorem; levy by referendum for services to at-risk children ............... SB 424

Ad Valorem; mobile home decals; violations; prosecution ................... HB 1927

Ad Valorem; mobile homes; dealers, owners; return forms; permits ............ SB 617

Ad Valorem; mobile homes; location permits, decals; violations ................ SB 783

Ad Valorem; mobile homes; time for making returns; Clarke County ......... HB 1895

Ad Valorem; mobile homes; update Census bracket; Clarke County

HB 1891

Ad Valorem; motor vehicles; heavy construction equipment ................. HB 1279

Ad Valorem; motor vehicles; heavy construction equipment

HB 1460

Ad Valorem; motor vehicles; nonresident owned heavy equipment

HR 715

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3808

JOURNAL OF THE SENATE

REVENUE AND TAXATION (Continued)

Ad Valorem; preferential assessment; qualifying historic areas

SB 607

Ad Valorem; presentation of returns; applicable Census bracket

HB 1892

Ad Valorem; presentation of tax returns; population provisions.............. HB 1883

Ad Valorem; property assessment; limit percentage of increase ................ SR 434

Ad Valorem; property fair market value; existing use criteria

HB 233

Ad Valorem; return of property acquired by real estate transfer

HB 1561

Ad Valorem; returns; homestead exemption application; filing date

SB 695

Ad Valorem; school property taxes; committee to study inequities

SR 173

Ad Valorem; school property taxes; QBE fair share funding formula

SB 514

Ad Valorem; tax assessors; duties; appeals; appraisal staff used

HB 1124

Ad Valorem; tax assessors; revision of returns; Clarke County

HB 1897

Ad Valorem; tax commissioners, collectors, appraisers; duties

SB 539

Ad Valorem; tax officials; change duties; oath; mobile homes

SB 617

Ad Valorem; time for making returns; Clarke County

HB 1893

Ad Valorem; time for making tax returns; Lowndes County

HB 2085

Ad Valorem; unpaid taxes; interest; update population provisions

HB 2088

Alcoholic Beverage License; World Congress Center Property

SB 773

Amend Constitution; bills for revenue may originate in either house of

General Assembly ........................................................ SR 13

Amusement Machines; coin operated; licensure; regulation; fees

HB 1256

Appropriations; disbursement to MARTA; restrictions ....................... HB 586

Appropriations; education; mandatory; lottery proceeds excluded

SR 437

Appropriations; General; state FY 1992-1993

HB 1261

Appropriations Requests; proposed property acquisitions, leases

SB 638

Appropriations Requests; state agencies; fiscal program review

SB 642

Appropriations; revenue bills; voting quorum of General Assembly

SR 509

Appropriations; review capital outlay school facility funding

SR 466

Appropriations; supplemental; General Assembly prohibited enact

SR 356

Appropriations; supplemental to HB 1EX, FY 1991-1992

HB 1262

Business and Occupation Tax; place of principal office; utility contractors

HB 750

Business and Occupation Tax; study of equity, revenue impact

SR 510

Business and Occupation Tax; study of equity, revenue impact

HR 938

Clean Water Trust Fund; levy of special assessments, user fees ............... SR 497

Counties, Municipalities; local option sales tax for education .................. SR 423

Counties; special 1% sales tax; other revenue for education .................... SR 65

County Tax Officials; minimum salaries; longevity; cost-of-living

SB 553

County Tax Officials; office business hours, days

SB 291

Dealer, Vendor Compensation Fee for Collecting Certain Taxes; rate

HB 1146

Department; duties; registry of dealers paying state sales tax

HB 1146

Educational Needs; commission to study state tax structure

SR 443

Enforcement; vending machine restrictions, cigarette sales

SB 256

Excise Tax; alcoholic beverage dealers; advance deposits

SB 774

Excise Tax; exempt; malt beverages produced home consumption

HB 62

Excise Tax; increase for first sale of distilled spirits, wines.................. HB 1741

Excise Tax; local; impose on alcoholic beverage caterers

SB 319

Excise Tax on Rooms, Lodging; authority; certain local governments

HB 1212

Excise Tax on Rooms, Lodging; coliseum authorities; collection

reimbursement rate ................................................... HB 1850

Excise Tax on Rooms, Lodging; collection reimbursement rate

HB 1146

Fees; agriculture grain dealers; state license fee

HB 1198

Fees; animal kennels, stables, shelters, pet dealers; licenses

HB 1201

Fees; change rate for collection of hotel-motel excise taxes

HB 1850

Fees; civil cases.......................................................... SB 496

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INDEX

3809

REVENUE AND TAXATION (Continued)

Fees; civil cases; indigent defense; delinquent remission ...................... SB 715

Fees; civil cases; Indigent Defense Funding .................................. SB 714

Fees; civil cases; indigent defense funding; amend Constitution ................ SR 480

Fees; coin operated amusement machines; licenses and permits.............. HB 1256

Fees; commercial feed licenses; registration fees............................ HB 1200

Fees; excise tax on distilled spirits, table and dessert wines ................. HB 1741

Fees, Fines; counties, municipalities; offset collection costs .................... SB 608

Fees; fines for highway load limitation violations........................... HB 1396

Fees; fines for household goods carriers; invalid certificates ................. HB 1539

Fees; flue-cured leaf tobacco auction sales; licenses ......................... HB 1199

Fees; funds for pollution prevention, hazardous waste reduction

HB 1394

Fees; grain, commercial feed dealers, warehouseman; licenses................ HB 1723

Fees; impose on retail sales of new replacement tires ....................... HB 1385

Fees; increased penalties following Tax Amnesty Program period

HB 1405

Fees; information, materials from Secretary of State; user fees .............. HB 1004

Fees; licenses; dealers, installers of factory built homes ..................... HB 1039

Fees; licenses for bird dealers; increase.................................... HB 1197

Fees; licenses for hunting, fishing, trapping, boat registration ............... HB 1392

Fees; motor vehicle licenses, permits, plates, titles, tags, IDs ................ HB 1145

Fees; nonpublic postsecondary educational institutions ..................... HB 1997

Fees; payment via computer; electronic funds transfer system

HB 1395

Fees; procedure to increase interest earnings on state funds

HB 1400

Fees; registration of foreign limited liability companies ..................... HB 1649

Fees; regulated entities of Commissioners of Insurance, Safety Fire

and Industrial Loans; revise amounts ................................... HB 1297

Fees; revenue bond undertakings; charges to persons for services

HB 1750

Fees; scale mechanics; weights, measures; registration fees

HB 1193

Fees; sellers, merchants; municipalities within Fulton County

SB 793

Fees; single-trip permits for mobile homes, modular homes

SB 611

Fees; single-trip permits for mobile homes, modular homes ................. HB 1459

Fees; taxable nonresidents; professional athletes, entertainers ............... HB 1377

Fees; vehicle license plates, tags, titles ..................................... HB 494

Fees; warehouseman; cotton, grain, agriculture products; license ............. HB 1225

Fiscal Year of State Government; change to April 1 beginning 1993 ........... HR 32

Freeport Exemption; approval by referendum; election date; time period ...... HB 198

Highways; load limitation enforcement; fines; sharing of revenues............ HB 1396

Income Tax; calculating gross income of utilities for Public Service

Commission special operating fees ....................................... HB 901

Income Tax; capital gains; additional adjustment

HB 456

Income Tax; computation; sale of personal residence; withholding taxes

on pensions, annuities; employee withholding certificates ................. HB 1739

Income Tax; deduction; doctors rendering indigent prenatal health care

SB 356

Income Tax; job tax credit; businesses in less developed areas .............. HB 1399

Income Tax; proceeds of state lottery prizes subject to taxes ................ HB 1541

Income Tax; quarterly and monthly returns; filing deadlines ................ HB 1306

Income Tax; records; authorize use for child support recovery............... HB 1277

Income Tax; refunds; voluntary contributions to fund certain services

for elderly and children ............................................... HB 1542

Income Tax; unpaid; one-time penalty waiver; collection fees ............... HB 1405

Income Taxes; taxable nonresidents; professional athletes or entertainers;

redefine wages ........................................................ HB 1377

Indigent Care Trust Fund; moneys dedicated for specific services

HR 840

Intangible Recording Tax; commissions allowed for collection of............. HB 2043

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3810

JOURNAL OF THE SENATE

REVENUE AND TAXATION (Continued)

Intangible Taxes; exempt stock held or acquired in reorganized financial

institutions ........................................................... HB 1655

Job Tax Credits; income taxes; businesses in less developed areas ........... HB 1399

Land Bank Authorities; powers; school tax delinquent properties ............ HB 1692

Local School Systems; additional revenue sources; amend Constitution

SR 362

Local Special Services Districts; subdistricts ................................. SB 836

Lottery; amend Constitution to allow a State Lottery .......................... SR 7

Lottery for Education Act, Georgia; enactment ............................ HB 1541

Lottery Proceeds; unclaimed prize money; treatment of compulsive

gambling disorders .................................................... HB 1541

Motor Carrier Road Tax; redefine vehicles transporting property

HB 1307

Motor Carrier Road Tax; change definition of vehicles

SB 699

Motor Fuel, Aviation Fuel; new taxes collected on sales ...................... SR 477

Motor Fuel Tax Credits; urge extend federal nonconventional credits

SR 105

Motor Fuel Tax; dealer, vendor compensation; change rate ................. HB 1146

Motor Fuel Tax; refunds; employees of foreign government; repeal

SB 699

Motor Fuel Tax; use of revenue; transportation; amend Constitution........... SR 348

Per Capita Income Multiplier; calculating QBE fair share funds

SB 514

Public Funds Received by Contracting Entities of Regional Development

Centers; reports....................................................... HB 1680

Revenue Bonds; financed undertakings; fees; services made available

HB 1750

Revenue Bonds; financing future airport planning or development

SB 718

Revenue Bonds; Georgia Housing and Finance Authority; powers.............. SB 600

Revenue Bonds; hospital financing; participating providers

SB 731

Revenue Bonds; issuance by Georgia Airport Development Authority ........ HB 1106

Revenue Bonds; issuance by solid waste management authorities

HB 1386

Revenue Bonds; loans for solid waste recycling or facilities .................. HR 732

Revenue Bonds; powers of Georgia Airport Development Authority

SB 244

Revenue Bonds; Upper Savannah River Development Authority ............. HB 1767

Revenue; disposition of certain unused campaign contributions ................ SB 483

Revenue; sales of Georgia Laws, Senate and House Journals

SB 791

Sales Tax; delinquent; one-time penalty waiver; collection fees .............. HB 1405

Sales Tax; exempt revenues generated by amusement machines ............. HB 1256

Sales Tax; exemption; medical equipment or devices paid by Medicaid or

Medicare funds ........................................................ HB 332

Sales Tax; exemption; sale of state lottery game tickets .................... HB 1541

Sales Tax; local option; education purposes; amend Constitution .............. SR 423

Sales Tax; local option or special 1%; referendum; time period for election. . . HB 198

Sales Tax; payment by contractors; surety bond requirements................ HB 336

Sales Tax; special county 1%; other revenue for education ..................... SR 65

Sales Tax; special purpose county; educational purposes; amend Constitution SR 159

Sales Tax; special purpose county; purposes; time limits; proceeds;

ballot questions; special elections ........................................ HB 598

Sales Tax; state or local; dealer, vendor reimbursement rate

HB 1146

School Property Taxes; calculating QBE equalization grants .................. SB 537

School Taxes; collection by tax commissioners; funds retained................. SB 803

State Agencies; request formulate cost downsizing plans ...................... SR 534

State Board of Equalization; proposed property assessments; notices

HB 1562

State Financing and Investment Commission; membership of Director,

Office of Planning and Budget ........................................... SR 200

State Funds; cash management policy, procedures; interest earnings

HB 1400

State Lottery; continued existence; resubmit question to voters

SR 359

Refer to numerical index for page numbers

INDEX

3811

REVENUE AND TAXATION (Continued) Tax Amnesty Program Act; delinquent taxes; one-time penalty waiver; additional collection fees following amnesty period ....................... HB 1405 Tax Executions; delinquent taxes; administration fee levy ..................... SB 56 Tax Laws Affecting Women; commission to study........................... HB 654 Tax Liens; priority with regard to secured transactions ..................... HB 1722 Tax on Consumer Rental of Motion Pictures, Videos; proceeds for Children's Trust Fund; amend Constitution ............................... SR 230 Taxation; incorporate provisions of federal law into Georgia law ............. HB 1299 Taxation Questions; time period issue call for local election ................. HB 1243 Taxes and Fees; payment by Electronic Funds Transfer System ............. HB 1395 Taxes; joint commission to evaluate state revenue structure................... SR 443 Timber Revenue Fund; create to fund public hunting, fishing areas............ SB 271 Tollway Projects; use of revenue; bonds; private entities .................... HB 1429 Transportation Trust Fund; creation; amend Constitution .................... SR 477 Unclaimed Property; time periods; subject custody of state ................. HB 1397

REVENUE BONDS

Airport Development Authority; creation; financing new airports .............. SB 718

Bond Elections; statement of intention; applicable Cobb County ...... SB 838

Bond Elections; statement of intention; applicable DeKalb County

SB 808

Financed Undertakings; fees charged for services made available ............ HB 1750

Georgia Housing and Finance Authority; expand powers; "bond bank" ......... SB 600

Hospital Financing Authority Act; definitions................................ SB 731

Issuance by Georgia Airport Development Authority; terms; proceeds ........ HB 1106

Issuance by Newton County Water and Sewerage Authority; limits .......... HB 1986

Solid Waste Management Authorities; issuance; rate of interest ............. HB 1386

Solid Waste Recycling, Facilities; loans; intergovernment contracts ........... HR 732

Tollway Projects Financed or Operated by Private Entities ................. HB 1429

Upper Savannah River Development Authority; expand powers ............. HB 1767

REVISIONS TO GEORGIA CODE (See Code of Georgia)

REWIS, CHARLES K.; commend ............................ SR 607

RICEBORO, CITY OF; new charter ...................................... HB 1506

RICHMOND COUNTY Ad Valorem Taxes; delinquent payment penalties ............................ SB 633 Augusta-Richmond County Commission-Council; board of commissioners; election districts; reapportion; powers; duties ............................ HB 1838 Board of Commissioners; election districts; reapportion ....................... SB 847 Board of Commissioners; election districts; reapportion; terms; board organization, voting, meetings, compensation; policies .................... HB 2069 Board of Education; election districts; reapportion; personnel ................. SB 848 Board of Education; meetings; organization and procedures ................... SB 818 Board of Elections; jurisdiction; 1990 census bracket ......................... SB 682 Certain County Officials; change compensation, payment ................... HB 2070 Civil, Magistrate Courts; judge emeritus; eligibility; retirement ............... HB 914 Consolidation with Cities of Hepzibah, Blythe, and Augusta ................ HB 1838 Contracts and Bids; purchases in excess of $7,500............................ SB 819 Municipal Elections; authority for county to conduct......................... SB 684 Probation Fines; receipt of payments; disbursements ......................... SB 817 Property Conveyance; State Training School property; sell to Board of Commissioners ........................................................ HR 966 Superior Court; chief judge; appoint jury clerk............................... SB 683

Refer to numerical index for page numbers

3812

JOURNAL OF THE SENATE

RIGHT OF PASSAGE ACT; relative to boat usage; enact.................. HB 1390

ROCHDALE COUNTY

Board of Elections and Registration; create................................ HB 1053

Board of Registrations and Elections; repeal Act creating

HB 1006

Designate; Clarence R. Vaughn, Jr., Highway, portion Ga. Hwy 138 .......... HR 914

Property Conveyance; grant lease, water reservoir at public park ............. HR 647

Recreational Authority; create............................................ HB 1052

School Taxes; homestead exemption; age 65 or disabled; referendum

HB 1479

ROCKDALE JUDICIAL CIRCUIT; additional judge; Rockdale County

SB 127

ROGERS, DOUG; expressing regrets at passing .............................. SR 489

ROME, CITY OF

Ad Valorem; school taxes; homestead exemption; elderly residents ........... HB 2123

Rome-Floyd County Commission on Children and Youth; membership

HB 1928

ROOSEVELT CIRCLE REVITALIZATION PROGRAM IN MARIETTA; commend. ......................................... SR 481

ROSWELL, CITY OF; corporate limits; change .............................. SB 457

ROYSTON, CITY OF; reincorporate; grant new charter

SB 825

RULES OF THE SENATE Adopt .................................................................. Page 68 Motion to Suspend; allow Rules Calendar 40th Day ................. Pages 3360, 3373

RURAL AREAS

Economic Depressed Areas, Locating State Facilities; study of ................ SR 266

Health Care, Hospital Care; access to services; study committee ............... SR 590

Medically Indigent; moneys from trust fund to provide health care ........... HR 840

State Advisory Committee; members; change number; Governor appoint

HB 1233

RUSHING, WILLIAM ROBERT; condolences to family

....... SR 596

RUTLEDGE, CITY OF; new charter ..................................... HB 2102

SAFETY BELTS (See Seat Safety Belts or Motor Vehicles)

SALEM BAPTIST CHURCH AND REVEREND JASPER WILLIAMS; commend ................................................................ SR 539

SAI|ES AND USE TAXES (Also See Revenue and Taxation)

Compensation of Dealers, Vendors for Collection; limit amount

HB 1146

Contractors; tax payment on subcontracts; bond requirements................ HB 336

Counties; special 1%; calling for referendum election to impose ............. HB 1243

Exemption; medical equipment or prosthetic devices paid for by

Medicaid or Medicaid funds ............................................ HB 332

Exemption; sales of lottery game tickets .................................. HB 1541

Joint County and Municipal; calling for a referendum election .............. HB 1243

Local Option Sales Tax for Education Purposes; amend Constitution .......... SR 423

Motor and Aviation Fuel; new taxes; Transportation Trust Fund .............. SR 477

Referendum Elections; taxation questions; date; time period

HB 198

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INDEX

3813

SALES AND USE TAXES (Continued)

Special County 1% Tax for Education Purposes; amend Constitution ........... SR 65

Special Purpose County; educational purposes; amend Constitution ............ SR 159

Special Purpose County; purposes; length of imposition; issuing call for

an election; contents of ballot question; use of proceeds ................... HB 598

Tax Amnesty Program Act; enact ........................................ HB 1405

Tax Collections; payment to state by Electronic Funds Transfer

HB 1395

SANDERS, FORMER GOVERNOR CARL; introduced, commend Josh Lee. ............................................................. Page 1184

SANDERS, MARY ELIZABETH; honoring ................................ SR 403

SANDY SPRINGS, CITY OF; Incorporation; charter; boundaries; powers; referendum approval................................................ SB 90

SAPELO ISLAND; Designate; K.T. Kennedy Reef in Sapelo Island Channel HR 500

SATILLA RIVER Committee to study construction of check dam .............................. SR 496
Water quality; develop river basin management plan ........................ SB 637

SAVANNAH, CITY OF

Savannah Development and Renewal Authority Act; enact

HB 2077

Savannah St. Patrick's Day Parade Officials; commend ....................... SR 518

Savannah/Chatham County Board of Education; election districts; reapportion SB 763

SAVANNAH CONCRETE, INC. AND WILL D. HERRIN, PRESIDENT; compensate ............................................................. HR 651

SAVANNAH FOODS AND INDUSTRIES, INC.; recognizing

SR 569

SAVANNAH RIVER; water quality; develop river basin management plan SB 637

SAVANNAH RIVER NUCLEAR PLANT SITE; urge cease materials production ............................................................... SR 471

SAVINGS AND LOAN ASSOCIATIONS (Also See Banking and Finance) Real Estate Appraiser Classification and Regulation Act; enact

SB 536

SCALE MECHANICS; inspection of weights, measures; registration; fees . . . . HB 1193

SCHLEY COUNTY; Board of Commissioners; election districts; reapportion HB 1615

SCHNEIDER, MARGARET LEX; commend

SR 368

SCHOOLS (Also See Education or Collegs or Teachers or Nonpublic)

Alternative Teacher Certification Joint Study Committee ...................... SR 59

At-risk Students, Drop Outs; committee to study alternative programs

SR 189

Attendance Officers; retirement membership ................................ HB 353

Buildings, Grounds, Functions; weapons or explosives prohibited

SB 563

Calculation of Certain Funding Using FTE Student Counts................... SB 784

Childcare Programs Outside of Normal School Hours; requirements ......... HB 1356

Consolidation; filing of petitions opposing plans; procedure ................... SB 155

Construction Projects Less Than Base Size; capital outlay funding

HB 1793

Contracts; multiyear lease purchase; referendum approval

SB 5

County Superintendents of Schools; residency requirements

HB 1371

Demonstration; alternative choice programs; requirements; funding

SB 780

Demonstration School Systems; plans, program status; requirement

SB 769

Drug Trafficking Near Schools; counterfeit substances; felony

SB 676

Employees; retirement payments; prequisites to receiving ................... HB 1230

Facility Construction Entitlement; Capital Outlay Task Force

SR 466

Financing Under QBE Formula; committee to study

SR 173

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3814

JOURNAL OF THE SENATE

SCHOOLS (Continued)

High School Athletics; encourage women's fastpitch softball .................. SR 560

Local School Superintendents; qualifications; certification ................... HB 1489

Media Center Equipment; funding of computer hardware, software

SB 571

Noncertificated Personnel; contracts, staff development; study of

SR 406

Noncertificated School Personnel Study Committee; create ................... SR 54

Public; accreditation; comprehensive evaluation exemption

SB 484

Public; accreditation; comprehensive evaluation exemption .................... SB 506

Public; enrollment eligibility; change date reached age........................ SB 775

Public; enrollment eligibility; copy of social security number .................. SB 507

Remedial Education Programs; expand services certain grade levels

SB 32

Remedial Programs using student tutors; create a STOP Program ............. SB 216

Sex Education; curriculum content; appropriateness of materials

HB 1837

Smoking, Tobacco Use by Students Prohibited School Property, Bus

HB 275

Students At Risk and Dropouts; pilot projects; decategorize funds

HB 744

Students; extracurricular activity; No Pass/No Participate Rule ............... SB 622

Students; foreign language credit; sign language proficiency

SB 757

Students; high school graduates warranty program; encourage

SR 399

Students; improved achievement; faculty performance awards

SB 488

Students of Parents Employed by School Systems; attendance ................ SB 533

Teachers; duty-free daily lunch period ..................................... HB 373

Teachers, Other Classroom Professionals; certification; training ................ SB 777

Teachers, Principals, Other Certificated Personnel; employment; fingerprint

and criminal records check .............................................. SB 425

Textbooks and Library Books; lost or damaged by pupils; sanctions

HB 727

Water Safety Programs; urge adopt to educate young people .................. SR 482

SCOOTERVILLE HIGHWAY; designate; portion Ga. Hwy 256, Worth County .......................................................... HR 1010

SEABEES AND THE NAVAL CIVIL ENGINEER CORPS; tribute to HR 838

SEAFOOD; Salt-water Finfish Species; possession, landing specifications

HB 1660

SEARCH AND SEIZURE Controlled Substances; property forfeiture cases; procedures .................. SB 114 Forfeitures Under Controlled Substances Act; use of proceeds................. SB 569 Searches With Warrants; actions of officers executing; liability .............. HB 1749 Warrants; cruelty to animals involving equines; impoundment................. SB 520 Warrants; filing of complaint; procedures; time limits ........................ SB 473

SEAT SAFETY BELTS (Also See Motor Vehicles) Offense of Failure to Wear; persons also charged vehicle violation

SB 395

SECRETARY OF STATE

Corporations; grounds for administrative dissolution........................ HB 1932

Duties; Georgia Ethics in Government Act of 1992 ........................... SB 597

Duties; nomination petitions to qualify candidates; form, content............... SB 25

Duties; register agents of state departments, agencies; exempt fee .............. SB 55

Duties; regulate custodians of human remains, burial objects ................. HB 457

Duties; sales receipts; Georgia Laws, Senate or House Journals ................ SB 791

Election by Plurality of Votes Cast; amend Constitution...................... SR 169

Lobbyists; change registration to State Ethics Commission.................... SB 704

Powers, Duties; regulation of foreign limited liability companies;

certificate of authority to transact business; fees ......................... HB 1649

Public Information Services, Materials or Copies; user fees

HB 1004

State Ethics Commission; powers, duties, authority

HB 1125

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INDEX

3815

SECRETARY OF STATE (Continued) Voter Registration; issuance of new cards required by court order or reapportionment; reimbursement to counties............................. HB 1380

SECURITIES

Banks or Trust Companies; executors or trustees; investments .............. HB 1821

Closed Corporations; shareholders; preemptive rights ....................... HB 1932

Corporations; execution of documents; presumption of authority............. HB 1612

Foreign Limited Liability Companies; regulate transactions ................. HB 1649

Insurers; authorized investments ......................................... HB 1532

Insurers; investment limitations; valuation of securities held

HB 1344

Investment Advisors; redefine; applicability to attorneys ...................... SB 467

Investment Securities; instruments, documents; secured interests ............. HB 761

Secured Transactions; priority of tax liens and judgments .................. HB 1722

Stock Held in Reorganized Financial Institutions; intangible tax exemption . HB 1655

Uniform Commercial Code--Funds Transfers; governing laws, rules........... HB 762

SELLING AND OTHER BUSINESS PRACTICES

Alcoholic Beverages; sales on Sundays at public festivals

...... SB 728

Alcoholic Beverages; sales on Sundays at public festivals ..................... SB 746

Alcoholic Beverages; tax payments, stamps; collection; credits

SB 774

Art; works of fine art; printers; right to duplicate .......................... HB 1902

Automobile Insurers; repairs; use of nonoriginal manufacturer part

HB 888

Beverages; standards, labeling; water represented as "spring water" or

"natural spring water" ................................................ HB 1497

Business Opportunity Sellers or Companies; requirements;

deceptive practices .................................................... HB 1502

Clinical Laboratory Services; regulate billing, excess charges .................. SB 462

Commercial Solicitation; telephone orders for printed materials; promotional

giveaways or contests redefined .......................................... SB 408

Concert Tickets; advertisements; disclose lip synched music..................... SB 9

Fair Housing, Employment; Commission on Equal Opportunity ............... SB 614

Firearms Dealers, Importers, Manufacturers; regulate state-wide............... SB 778

Foreign Limited Liability Companies; regulation; sales through

independent contractors ............................................... HB 1649

Frozen Desserts; food service permits; board of health regulate .............. HB 1194

Gasoline Products Containing Alcohol; labeling of pump dispensers ............ SB 140

Insurance; direct response advertisers; deceptive practices ................... HB 904

Labels for Agricultural Seeds; calendar year produced; exception ............ HB 1747

Legal Services; false, deceptive advertising prohibited ...................... HB 1860

Liming Materials, Agricultural; registration; misleading labels ................. SB 521

Loan Brokers; unfair and deceptive practices; penalties ..................... HB 1210

Lottery Retailers; selection criteria; application fees; fidelity fund

assessment; advisory board created ..................................... HB 1541

Medicare Supplement Insurance; regulation of; policies, marketing

SB 564

Merchandise or Services Advertised; availability disclaimers. ................ HB 1556

Merchants; information required to cash a check; restrictions .................. SB 11

Personal Care Homes; deceptive advertising of services provided ............ HB 1640

Pistols and Revolvers; 7-day wait period; purchaser records check ............. SB 118

Retail Grocery Stores; price labeling on food products ......................... SB 65

Retail Sale of Natural Gas for Use as Motor Vehicle Fuel .................. HB 1633

Telephone Classified Advertising Directories; deceptive practices ............ HB 1314

Tractors, Farm, Heavy Equipment, New Motor Vehicles; business

practices; amend constitution ............................................ SR 486

Trade Secrets; public hazards; Sunshine in Litigation Act .................... SB 610

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3816

JOURNAL OF THE SENATE

SELLING AND OTHER BUSINESS PRACTICES (Continued) Trade Secrets; theft; misappropriating customer, supplier lists ................ SB 320 Unsolicited Merchandise; ordering for another person prohibited ............... SB 84 Vehicle Service, Extended Warranty Agreements; property insurers .......... HB 1532 Vehicle Tent or Auction Sales Agreements; cancellation procedures ............ SB 353

SELMAN, MILLICENT ANN, 4-H NATIONAL CHAMPION; commend SR 453

SEMINOLE COUNTY HIGH SCHOOL BASKETBALL TEAM; commend SR 552

SENATE Adopt Rules for 1992 Session .............................................. SR 345 Amend Rules; committees; pages; population bills ............................ SR 389 Amend Rules; order of business; call of the roll.............................. SR 499 Claims Against the State; compensation resolutions; introduction ............... SB 16 Ethics Standing Committee appointed ..................................... Page 15 Fiscal Affairs Subcommittees; selection of members ........................... SB 49 Insurance and Labor Committee; Senator Newbill act as Chairman. ..... Page 1117 Intern Program 1992 General Assembly Session; commend.................... SR 611 Members and Staff; Committee on Ethics; standards of conduct............... SR 371 Morning Roll Calls......................... Pages 13, 97, 112, 126, 153, 187, 211, 261, 291, 432, 473, 557, 600, 680, 723, 773, 820, 888, 930, 1055, 1092, 1121, 1184, 1244, 1332, 1385, 1431, 1505, 1560, 1615, 1704, 1753, 1844, 1912, 1964, 2055, 2236, 2680, 2874, 3206 Notify House of Representatives Senate Convened ........................... SR 346 Officials, Employees, Committees; amend SR 3 .............................. SR 361 Rules; amend; number of pages allowed President per day .................... SR 234 Rules; amend; numerical order of bills ...................................... SR 289 Rules; motion to suspend to allow Rules Calendar 40th Day.......... Pages 3360, 3373 Senate Journals; sale price determination; deposit of receipts ................. SB 791 Senatorial Districts; reapportion members to take office in 1993 ............... SB 566 Senatorial Districts; reapportion members to take office in 1993 ............... SB 567 Standing Committees; appointments, membership changes. .................. Page 15 Transportation Committee; Senator Thompson act as chairman............. Page 1611

SENATOR ENGLISH; explanation of vote on HB 1324 ................... Page 2973

SENATOR MOVE; excused from voting on HB 1706 ...................... Page 2196

SENIOR CITIZENS (See Elderly)

SENTENCING FOR CRIMES AND OFFENSES

Criminal Prosecutions; insanity or mental incompetency defense;

acceptance conditions; outpatient treatment ............................. HB 1776

Death Penalty Case; indigent person; multicounty public defender............. SB 545

Death Penalty; commuting sentence to life imprisonment; amend Constitution. SR 352

Death Penalty; felony trials; size of jury panel; number of peremptory

challenges allowed .................................................... HB 1710

Death Penalty; imposition; murder against person over age 65 ................ SB 837

Drug Trafficking; mandatory term of imprisonment, no furlough .............. SB 439

Felony Murder; infliction of an injury and resultant death .................... SB 147

Motor Vehicle Theft; punishment; incarceration inmate boot camp unit........ SB 350

Record of Convictions; DUI offenses; duty of court to transmit................ SB 664

Sexual Offenses; enticing child for indecent purposes ....................... HB 1185

Street Gangs; criminal activities, terrorism; punishment ...................... SB 735

Theft by Extortion Against Elderly Persons; punishment ..................... SB 526

Theft by Shoplifting; fourth or subsequent conviction; felony ....... SB 635

Theft; fraudulent receipt of rental property; grades of offense

... HB 1474

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INDEX

3817

SEWERAGE (See Waste Management)

SEXUAL OFFENSES

Child Molestation; persons sentenced; parole limitations ...................... SR 352

Child Victims of Sexual Abuse; closed circuit TV testimony ................... SB 29

Children; victims or witnesses; closed circuit TV testimony .................... SB 70

Civil Actions; childhood sexual abuse; period of limitation

HB 1968

Enticing Child for Indecent Purposes; multiple convictions

HB 1185

Evidence; DNA analysis of blood samples; procedures

SB 594

Rape; testimony and use of evidence; extensive revisions ...................... SB 51

Sexual Assault Against Persons Under Psychotherapeutic Care

HB 1523

Victims Under Age 16; exclusion relating to prosecution limitation

HB 240

Violent Crimes; defined; sentence imposed; limit parole actions

HB 1607

SHERIFFS (Also See Courts)

Alleged Violations of Law; investigation by the GBI; procedures

SB 38

Child Support Receivers; duties; collect sheriffs service fees

HB 1687

Counties of 500,000 or More; deposits in interest-bearing account

HB 2054

Criminal Bond Forfeitures; sheriffs exempt recording fees .................... SB 246

Duties; persons charged certain county ordinance violation

SB 804

Emergency or Crime Scenes; jurisdiction; authority

SB 674

Fees for Services; access to public records provisions

SB 345

Georgia Sheriffs' Association; designee; County Probation Advisory Council HB 1607

Jail Inmates; medical or hospital care; payment arrangements

HB 1170

Judicial Sales; location other than courthouse Fulton County

SB 800

Qualifications to Hold Office; certified peace officer; training required;

arrest powers restrictions .............................................. HB 1613

Retirement Fund; service credit; appointees filling a vacancy

HB 501

Salaries; minimum salary; longevity; cost-of-living adjustments

SB 553

Services in Civil Cases; increase certain fees

SB 496

SHINHOLSTER, EARL; NAACP; introduced, remarks .................... Page 670

SHOPLIFTING; theft; fourth or subsequent offense; sentencing ............... SB 635

SHORE PROTECTION ACT; enact

SB 725

SICKLE CELL ANEMIA STUDY COMMITTEE; creating

SR 223

SIMMONS, LOIS DIX; commend ......................... SR 394

SIMONDS, DEBORAH K.; commend

SR 578

SIMPSON, HARRY LEON, PARKWAY; designate portion S.R. 52 from Dalton ..................................................... HR 978

SKY VALLEY, CITY OF Ad Valorem; city taxes; homestead exemption; referendum.................. HB 2122 City Council; president, new name of mayor pro tern; mayor, powers, duties; operation of departments .............................................. HB 1898

SLOSHEYE TRAIL BIG PIG JIG BARBECUE COOKING CONTEST; recognize................................................................. SR 419

SMALL BUSINESSES

Air Pollutants; industrial emissions; environmental compliance; advisory

panel ................................................................ HB 1439

Insurance; development of basic and standard health plans

HB 1775

Insurance; development of basic, standard health benefit plans ................ SB 782

SMITHA, W. O.; condolences at passing ..................................... SR 620

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3818

JOURNAL OF THE SENATE

SMITHVILLE, CITY OF; city council; composition; elections; wards; terms; quorum ................................................................ HB 1737

SMOKING (Also See Tobacco Products) Smoking and Nonsmoking Areas in Public Places; regulation of ............... SB 251 Use of Tobacco By Students Prohibited School Property or Buses .......... HB 275 Using Tobacco Products During Nonworking Hours; employer restriction ... HB 728

SMYRNA, CITY OF; Ad Valorem Tax; homestead exemption; elderly residents; referendum ..................................................... SB 685

SNAKES; poisonous reptiles; use in religious services prohibited ................ SB 21

SNELLVILLE, CITY OF; Corporate Limits; deannex, exclude certain property ............................................................... HB 2046

SOCIAL SECURITY

Medicare; payment of medical durable items; exempt sales tax

HB 332

Medicare; study of payment policies for rural health care

SR 590

Official Number Required for Public School Enrollment Records .............. SB 507

SOCIAL SERVICES (Also See Human Resources or Domestic Relations)

AFDC Children; eligibility; school attendance; job training apprenticeship

program ............................................................. HB 1931

AFDC; Educational Reinvestment Act for AFDC Families, Children

SB 198

AFDC Families; services; demonstration family resource centers ............... SB 422

AFDC; families with dependent children; establish GIERA Program ............. SB 8

AFDC; families with dependent children; school attendance required ............ SB 7

AFDC Preschool Age Children; immunization requirements ................. HB 1312

At-Risk Children; decategorize resources; community innovation zones ......... SB 430

At-Risk Children; welfare services; finance by levying of a tax ................ SB 424

Board of Human Resources; change composition ........................... HB 1162

Children and Youth At-Risk; services; goals; effectiveness measures

SB 104

Children and Youth Legislative Overview Committee; creation ................ SB 105

Children and Youth Services Department; separate state agency .............. SB 833

Children with Severe Emotional Problems; local interagency committees

HB 1549

Children with Special Needs Fund; taxpayer voluntary contributions

HB 1542

Deprived Children; placement in foster care; periodic case review............. HB 519

Deprived Children; placement in foster care; periodic case review.............. SB 303

Deprived Children; placement in foster care; periodic case review.............. SB 315

Division of Youth Services; YDCs; implement center improvement plans ....... SB 429

Elderly; home delivered meals, transportation services; taxpayer voluntary

contribution fund ..................................................... HB 1542

Homeless, State Housing Trust Fund Commission; members; powers........... SB 512

Housing; low and moderate income housing; committee to study .............. SR 282

Indigent Health Care; pregnant women; standards; regulations ................ SB 716

Juveniles Committed Custody DHR; expenses; payment from parents

HB 1598

Long-Term Care Facilities; violations; alternative to closure................... SB 211

Medicaid; mental health services; state commission to study .................. SB 811

Medicaid; nursing facilities withdrawing from program ....................... SB 681

Medicaid; nursing home providers; fire sprinklers; reimbursement ............. SB 182

Medicaid; payment of medical durable items; exempt sales tax ............... HB 332

Medicaid; prescription drug prior authorization requirements

SB 234

Medicaid; providers who terminate participation; penalties

SB 680

Medical Assistance; commissioner; ex officio member of State Board

of Nursing Home Administrators ....................................... HB 1573

Mental Health Services; patient cost of care; assets, liability .................. SB 790

Personal Care Homes; DHR regulations; granting of waivers .................. SB 693

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INDEX

3819

SOCIAL SERVICES (Continued) Personal Care Homes; licensing; state ombudsman ........................... SB 561 Personal Care Homes; unlicensed; patient referral restrictions ................. SB 669 Public Assistance; recipient checks; banks required to cash .................... SB 12 Welfare Reform; AFDC benefits; committee to review programs ............... SR 528

SOCIAL WORKERS (See Counselors or Professions)

SOLID WASTE (See Waste Management or Hazardous Materials)

SOUTH, DEVIN, LAW ENFORCEMENT OFFICER OF YEAR; commend SR 508

SOUTH FULTON COUNTY, CITY OF; incorporation, boundaries, powers SB 451

SOUTH GEORGIA PARKWAY; designate Corridor Z developmental highway from Columbus to Brunswick ...................................... SR 180

SOUTHERN JUDICIAL CIRCUIT; Superior Court; fifth judgeship; counties of Brooks, Colquitt, Echols, Lowndes, Thomas....................... SB 776

SPALDING COUNTY

Board of Commissioners; election districts; redesignate ..................... HB 2109

Griffin-Spalding County Board of Education; election districts; reapportion HB 2112

Griffin-Spalding County Development Authority; membership

HB 2140

Position of County Manager; chief administrative officer .................... HB 2092

SPARSITY GRANTS FOR SCHOOL SYSTEMS Capital Outlay Funding; qualifying Bryan and Laurens Counties .............. SB 488 Smaller Schools; state funding; size not determining factor ................... SB 538

SPEECH-LANGUAGE

American Sign Language; high school foreign language credit ................. SB 757

Deaf Students; foreign language credit; American sign language ............. HB 1871

English Language Competency; qualification to serve as juror

SB 504

Hearing Aids; selling and dispensing; licensed audiologists

HB 1434

Pathology and Audiology; licensing; supervised aides ......................... SB 463

Pathology and Audiology State Board; repeal termination .................... SB 535

SPEED REGULATIONS Habitual Violators; excessive speeding; points assessment ..................... SB 157 School Buses; maximum speed on interstate highways ....................... HB 245 Speed Detection Devices; FCC certification; repeal requirement ............... SB 779 Speed Detection Devices; radar; clarify provisions and use of ................ HB 245 Speed Detection Devices; use of radar devices on hills........................ SB 550 Speed Detection Devices; use permits; new streets, roads ..................... SB 551 Vehicles Fleeing or Attempting to Elude Police; change penalty ............... SB 494

SPRAYBERRY, CAPTAIN HUGH O.; commend

SR 541

SPRING WATER; Beverages; water derived from underground formations HB 1497

SPRINGFIELD BAPTIST CHURCH; commend

SR 425

ST. MARYS RIVER; water quality; develop river basin management plan . SB 637

STAGGERED TAG SALES (Also See Motor Vehicles or License Plates)

License Plates; early registration penalty; exceptions

SB 115

License Plates; Newton County; referendum approval ...................... HB 1731

License Plates; registration in McDuffie County ............................ HB 100

License Plates; staggered registration period; uniform deadlines ............... SB 116

STATE AGENCIES Abolition, Continuation After 4 Years; amend Constitution .................... SR 10

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3820

JOURNAL OF THE SENATE

STATE AGENCIES (Continued)

Administrative Procedure; proposed rules; synopsis explaining ................ .SB 534

Administrative Services Department; consolidate insurance program ......... HB 1979

Administrative Services Department; consolidated insurance program for

contractors on construction projects .................................... HB 1933

Agriculture Department; powers, duties; poultry products inspection .SB 36

At-Risk Children and Youth; services; goals; effectiveness measures

SB 104

Budgetary Management; cost-benefit program reviews; five-year plan

SB 410

Claims Advisory Board; hearings; processing compensation resolutions .......... SB 16

Commission on Equal Opportunity; duties; fair housing policy

SB 615

Commission on Equal Opportunity; Equal Employment Division;

Fair Housing Division ................................................... SB 614

Community Education Program; transfer administration to D.O.E

SB 587

Consultant Services; retired employees; employment limitations

SB 541

Consulting Services; method of procurement; committee to study

SR 355

Contracts; public works; retainage accounts; interest; payments

SB 631

Crime Information Center; duties; fingerprint records

SB 75

Department of Community Affairs; regional development centers

HB 1680

Department of Defense; employees driving vehicles; insurance

HB 1933

Education Department; create office of strategic planning

SB 418

Emergency Management Agency, Georgia; creation; successor to Emergency

Management Division, Department of Defense ............................. SB 595

Employees Driving Vehicles Owned or Leased by State; insurance

HB 1933

Employees; family or medical work leave; procedures

SB 831

Environmental Facilities Authority; loans; solid waste projects .............. HB 1391

Environmental Protection Division of DNR; director; appointment

.SB 30

Environmental Protection Division of DNR; director; appointment ............. SB 40

Environmental Protection Division of DNR; director; appointment,

salary; advisory council .................................................. SB 102

Environmental Protection Division; powers; solid waste management,

trust funds ........................................................... HB 1385

Expenditures; legislative overview committee to study; create .................. SR 24

Financial, Property Agreements Behalf of State; prior approval

HB 1967

Fiscal Program Reviews; requirements; submit General Assembly.............. SB 642

Georgia Department of Buildings Act; new state department

HB 2065

Georgia Register; publication of information available; print or electronic media .......

....................................................................... SB 379

Governor's Development Council; membership; technical support .............. SB 590

Governor's Office of Consumer Affairs; powers; complaints of false

advertising of legal services ............................................ HB 1860

Labor Department; education programs; uncollectable debts ................ HB 1658

Lobbying the General Assembly; registration of persons representing

SB 55

Natural Resources Board; powers; regulate packaging components

HB 124

Natural Resources Department; duties; hazardous waste management

HB 1394

Natural Resources Department; duties; removal of unlawful structures

on tidewaters, streams, rivers .......................................... HB 1390

Natural Resources Department; powers; marshlands protection ...

HB 1389

Natural Resources Department; small business environmental compliance

office ................................................................ HB 1439

Natural Resources Department; volunteer services programs

HB 1387

Officers, Employees; tort actions; liability; waiver of sovereign immunity

SB 415

Open Meetings; agendas, teleconferences, voting; litigation fees

SB 604

Open Records; access; prohibit commercial use of; time period

SB 604

Pardons and Paroles, State Board; voting records; inspection

SB 621

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INDEX

3821

STATE AGENCIES (Continued)

Pension and Retirement Systems; committee to study ........................ SR 354

Public Health; committee to study creating separate state agency ............. SR 543

Public Officials; elected; ineligible employment for certain period .............. SB 165

Public Records Used Commercial Solicitation; access limitations............... SB 588

Public Retirement Plans; nonmembers; Defined Contribution Plan .......... HB 1596

Public Safety Department; change administration of law enforcement

services, training academies ............................................... SB 74

Public Safety Department; change duties, responsibilities ..................... SB 500

Public Safety Department; classification of certain employees .................. SB 17

Public Safety Department; promotion procedures; disciplinary actions;

internal affairs investigators............................................ HB 1530

Regulatory Agencies; review, continuation, reestablishment, or termination;

legislative review, performance audits. .................................... SB 535

Retirement Membership of New State Agencies

HB 41

Revenue; collection by county or municipality; compensation

SB 608

Revenue Department; enforcement efforts; additional staff

HB 1405

State Funds; cash management policies; procedural changes................. HB 1400

State Officials, Administrators; compensation methods; changes

HB 1129

State Printing; elected official's name on promotional brochures

SB 686

State Printing; promotional materials, signs; name or picture of officials of

executive branch ...................................................... HB 1647

Transportation Department; duties; abandoned railroad rights of way

HB 1689

Youth Job Training Apprenticeship Program; designated agencies ........... HB 1931

STATE BAR OF GEORGIA Applicants for Admission; urge reconsider education requirements ............. SR 514 Applicants for Bar Exam; rules governing approved law schools ............... SB 612 Assistant District Attorneys; approved LL.M. degree redefined ................ SB 787 Georgia Bar Foundation; interest on lawyer-client trust accounts ............ HB 1097 Issue Pamphlets Concerning Consequences of Bankruptcy; filing .............. SB 472

STATE COMMISSION ON MENTAL HEALTH, MENTAL RETARDATION, AND SUBSTANCE ABUSE SERVICE DELIVERY SB 811

STATE COURTS

Bail Bonds; failure to appear; forfeiture procedures ........................ HB 1706

Civil Actions; filing fee; fund judicial education and training .................. SB 518

Civil Cases; additional filing fees; indigent defense funding ................... SB 714

Clerks; candidates for office; election ballots; name designated chief deputy;

counties of 425,000 or more ............................................ HB 2057

Cobb County State Court, Second Division; additional judge .................. SB 358

Contracts to Furnish Municipal Court Services; procedures

HB 1362

Fees for Volunteer Legal Service Agencies; certain counties ................... SB 627

Fines; additional in DUI Cases for Crime Victims Emergency Fund ........... SB 524

Judges or Solicitors; membership; Superior Court Judges Retirement .......... SB 149

Judges or Solicitors; membership; Superior Court Judges Retirement

HB 183

Judges; residency qualifications; three year resident of state .................. SB 486

Judges; retirees; appointment as senior judges .............................. HB 900

Judges; retirees; county supplement to benefits .............................. SB 546

Jurisdiction; city judicial matters ........................................... SB 344

Solicitors, Assistants, Investigators; carrying concealed weapons

HB 1120

Solicitors; creation of Bad Check Division within offices ...................... SB 530

Trial of Civil Actions; damage claims; demand for jury ....................... SB 517

STATE DEFENSE FORCE (See Military Affairs or National Guard)

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3822

JOURNAL OF THE SENATE

STATE EMPLOYEES (Also See Public Officers and

Employees or Merit System)

Arbitration Commission; provide for creation of; filing grievances .............. SB 106

Central State Hospital; certain retirees; liability, cost of care.................. SB 465

Chaplains; employ full-time in correctional institutions

SB 503

Chaplains; reinstate or create positions under Merit System .................. SB 471

Classified Service; breaks during each 8 hour shift

SB 558

Classified Service; grievances; filing procedures

SB 106

Classified Service; weekend on-call time; payments

SB 24

Consultant Services to State Agencies; retirees; prohibition

SB 541

Correctional Institutions; clinical chaplains; employ full-time .................. SB 503

Drug Testing of Persons in High Risk Jobs; amend rules, policies

SB 459

Drug Testing of POST Certified Employees; urge discontinue program

SR 14

Drug Testing of Safety Sensitive and Critical Personnel Act of 1991

HB 933

Employee Performance Deliberations; open meetings exception

SB 604

Employment of Persons Related by Blood or Marriage; restrictions

SB 482

Executive, Judicial, Legislative Branches; uncompensated furloughs

SB 510

Family or Medical Work Leave Period; practices; procedures

SB 831

Flexible Benefit Plan; deduction; property, casualty insurance

SB 770

Georgia Department of Buildings Act; provide for new department

HB 2065

Hazardous Chemical Exposure; delete employee training; editorial changes HB 2029

Health Benefit Plan; inclusion of employees of nonprofit mental

retardation service centers ............................................... SB 444

Health Insurance for General Assembly Members; share of costs

SB 756

Indemnification; Children and Youth Services Department

HB 1549

Injuries Incurred in Line-of-Duty; compensation; eligibility

SB 476

Judicial Branch; continuing education, training; UGA Law School

SB 518

Labor Department; personnel; educational assistance program

HB 1658

Legislative Branch; part-time service; retirement service credit

SB 447

Mental Health Outpatient Centers; line-of-duty injuries; benefits

HB 1979

Merit System, University System Personnel; compensation; study of

SR 420

Nonessential Positions; reallocate resources; phased-in plan ................... SR 534

Political Activities; authority to engage ...................................... SB 23

Public Officials; elected; ineligible employment for certain period

SB 165

Public Safety Personnel; certain unclassified service ........................... SB 17

Retirement; creditable service for calculating benefits ........................ SR 392

Retirement; nonmembers of a public plan; contributions to an individual

account .............................................................. HB 1596

Retirement System; benefits; deceased spouse; new spouse ................... HB 394

Retirement System; correctional officers; retirement at age 55 ................. SB 187

Retirement System; creditable service; Corrections employees ................. SB 245

Retirement System; creditable service; forfeited leave ........................ SB 340

Retirement System; creditable service; former members reestablish ............ HB 39

Retirement System; disability retirees; pension modification................... HB 38

Retirement System; membership; additional judicial employees

HB 588

Retirement System; membership; GeorgiaNet Authority employees

HB 203

Retirement System; membership of new state agencies

HB 41

Retirement System; reestablishing certain spousal options .................... SB 166

Retirement System; retirees; parttime earnable compensation

HB 309

Retirement Systems; committee to study feasibility of combining

SR 354

State Officials, Administrators; compensation methods

HB 1129

State Patrol; use of departmental equipment

SB 493

Tort Actions; liability; waiver of sovereign immunity; limitations

SB 415

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INDEX

3823

STATE EMPLOYEES (Continued) Veterans' Employment Preference; eligibility; National Guard, armed forces reservists who served Gulf War .................................... SB 552

STATE FINANCING AND INVESTMENT COMMISSION Financial, Property Agreements Behalf of State; approval function .......... HB 1967 State Construction Projects; consolidated insurance program ................ HB 1933 State Construction Projects; consolidated insurance program ................ HB 1979

STATE FLAG (Also See Flags or State Symbols) Manufacturers of Flags or Bunting; flammable fabrics standards .............. SB 117
U.S. Flag; sanctions for certain disrespectful acts; applying to Congress to call convention to amend U.S. Constitution ............................. SR 151

STATE GOVERNMENT (Also See individually named state agencies)

Agencies Serving At-Risk Children, Youth; budget requests; content ........... SB 104

Air Travel Reimbursements; General Assembly members; limitations ........ HB 1311

Airport Development Authority Law, Georgia; creation; purposes .............. SB 544

Airport Development Authority Law, Georgia; enact ....................... HB 1106

Appropriations; eligibility to receive; MARTA; disbursement ................. HB 586

Appropriations, General; state FY 1992-1993 .............................. HB 1261

Appropriations; mandate for education exclusive of lottery proceeds

SR 437

Appropriations; revenue bills; voting quorum of General Assembly............. SR 509

Appropriations; review capital outlay school facility funding .................. SR 466

Appropriations; supplemental; General Assembly prohibited enact ............. SR 356

Appropriations, Supplemental to HB 1EX, FY 1991-1992 ................... HB 1262

Arbor Day and Earth Day; designate annual state observance ................. SB 816

Audits; agency programs; fiscal review; submit General Assembly .............. SB 642

Central State Hospital; retirees; medical care; payment of costs ............... SB 465

Chaplains; reinstate or create positions under Merit System .................. SB 471

Children and Youth Services Department; creation; establish as agency

to manage juvenile detention facilities .................................. HB 1549

Claims Against; compensation resolutions; introduction in Senate............... SB 16

Claims Against; John Wesley Ulmer, Jr.; compensate ........................ HR 723

Claims Against; Ricky Lee Boynton; compensate ............................ HR 878

Claims Against; Rosa L. Bedell; compensate ................................ HR 955

Claims Against; Sandra K. Davis; compensate .............................. HR 879

Claims Against; Savannah Concrete, Inc.; compensate ....................... HR 651

Claims Against; Tara Joyner Davidson; compensate ......................... HR 677

Claims Against; Tom Watson Brown; compensate ........................... HR 843

Commission on Equal Opportunity; agency comprised employment

and fair housing divisions................................................ SB 614

Commission on Equal Opportunity; duties; fair housing policy ................ SB 615

Commission on Future Strategies; create legislative commission ................ SB 50

Community Education and Development; interagency advisory council ......... SB 587

Consulting Services; method of procurement; committee to study.............. SR 355

Contracts Between State Agencies and Nonprofit Contractors; Resource

Conservation and Develoment Councils ................................. HB 1232

Contracts for Public Works; escrow accounts; retainage; interest............... SB 631

Desert Storm Monument Commission; creating to honor armed forces ......... SR 250

Drug Testing; employees in state prisons, hospitals; urge discontinue ........... SR 14

Drug Testing of Safety Sensitive and Critical Personnel Act of 1991 .......... HB 933

Education, Office of Strategic Planning; creation ............................. SB 418

Elected Executive Officers and Regulated Entities; ethics ................... HB 1125

Elected Public Officers; term limitations; amend Constitution ................. SR 357

Emergency or Disaster Management; create separate state agency ............. SB 595

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3824

JOURNAL OF THE SENATE

STATE GOVERNMENT (Continued) Employee Health Insurance; general assembly members; costs................. SB 756 Employees; flexible benefits plan; property, casualty insurance ................ SB 770 Employees; grant period of leave for family or medical purposes .............. SB 831 Employees in Classified Service; breaks during 8 hour shift ................... SB 558 Employees in High Risk Jobs; drug testing; amend rules, policies.............. SB 459 Employees; line-of-duty injuries; compensation; eligibility ..................... SB 476 Employees Not Under Public Retirement; Defined Contribution Plan ........ HB 1596 Employees; payments for on-call time on weekends ........................... SB 24 Employees; performance deliberations; disclosure; open meetings .............. SB 604 Employees; political activities ............................................... SB 23 Employees; retirees entitled services from a state hospital .................... SB 465 Employees; salaries; uncompensated furlough days ........................... SB 510 Environmental Protection Laws; enforcement authority; study of .............. SR 511 Ethics in Government; registered agents; disclosure reports ................... SB 736 Ethics Powers; training for all officers; amend Constitution .................. HR 859 Executive Fellows Program; establishment .................................. SB 426 Fair Housing; state policy; enforcement agency; powers, duties ................ SB 615 Financial Affairs; create legislative fiscal oversignt committee to review each budget unit; require submit five-year plans ................................ SB 410 Firearms; statewide regulation; preempt, prohibit local regulation............. HB 375 Fiscal Year of State Government; change to April 1 beginning 1993 ........... HR 32 Flags or Bunting; flammability standards for flags ........................... SB 117 General Assembly Members; retirees returning to state service ............... HB 310 Georgia Airport Development Authority Law; enact .......................... SB 718 Georgia Commission on Women; creation .................................. HB 654 Georgia Department of Buildings Act; provide for new department .......... HB 2065 Georgia Music Hall of Fame Authority; compensation of members............. SB 857 Georgia Ports Authority; additional members; terms; quorum ................. SB 679 Georgia Ports Authority; Colonel's Island in Glynn County; change name to Vandiver Island. ................................... SR 248 Georgia Register; publication of information available from agencies ........... SB 379 Georgia Tort Claims Act; employee liability; good faith performance ........... SB 415 Georgie Distance Learning and Telemedicine Act; enact ...................... SB 144 Governor; power to fill vacancies in office; appointments..................... HB 235 Governor; term of office; serve one 6-year term; amend Constitution ............ SR 16 Governor's Development Council; membership; technical support .............. SB 590 Hazardous Waste Management; policies, programs; "Superfund Bill" ........ HB 1394 Judicial Branch; workshops to review future court needs ..................... SR 520 Legislative Overview Joint Committee on State Government ................... SR 24 Loans to Local Governments; solid waste recycling or facilities ............... HR 732 Lobbyists; register agents of state departments, agencies, boards ............... SB 55 Lottery for Education Act, Georgia; enactment ............................ HB 1541 New State Agencies; officers, employee retirement membership ................ HB 41 OCGA; revisions, modernizations; reenact statutory portion ................. HB 1188 Officers Elected State-wide; acceptance of campaign contributions during legislative session prohibited ........................................... HB 1565 Official State Symbols; designate Pogo 'Possum .............................. SB 651 Official State Symbols; designate Pogo 'Possum ............................ HB 1325 Official State Symbols; designate Pogo 'Possum ............................ HB 1548 Open Meetings, Records; disclosure; amend requirements ..................... SB 604 Open Records; votes taken by Pardons and Paroles Board .................... SB 621 Pension and Retirement Systems; committee to study ........................ SR 354 Privileged Communications; defense to libel; truthful investigative reports...... SB 285
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INDEX

3825

STATE GOVERNMENT (Continued)

Procurement of Recycled Products; policies; committee to study............... SR 530

Property Conveyance; Athens-Clarke County; sewer line easement ............ HR 829

Property Conveyance; Baldwin County; easement to Doyle Beckham ..... ... SR 377

Property Conveyance; Baldwin County; sell Forestry Commission property . . . . . SR 365

Property Conveyance; Baldwin County; sell surplus DHR property ............ SR 363

Property Conveyance; Baldwin County; 6.24 acres, S.R. #22, convey by

sale after public bid ............................ SR 364

Property Conveyance; City of Abbeville; sewer main easement through Wilcox

Correctional Institute ................................ HR 787

Property Conveyance; City of Atlanta right of way; WCC property

SR 414

Property Conveyance; City of Byron; annex DOT property; repeal

HR 133

Property Conveyance; City of Gainesville; consent to annexation ............. HR 645

Property Conveyance; City of Moultrie; annexation GBI crime lab........... HR 1017

Property Conveyance; Clarke County; easement at Prince Avenue Labor Office

to Gary B. Blasingame ................................................. HR 939

Property Conveyance; Colquitt County Fairgrounds; road easement ... SR 418

Property Conveyance; Crisp County; Cordele Fish Hatchery; road easement . SR 417

Property Conveyance; disposition of former Labor Department offices in

Athens, Macon, Moultrie, Thomasville and Tifton ........................ HR 778

Property Conveyance; easement, Stewart County; land exchange, Berrien

County; disposition of disputed claim, Lowndes County .................... SR 381

Property Conveyance; easements; water, utility, sewer lines; Calhoun, DeKalb,

Emanuel, Floyd, Johnson, Monroe, Washington Counties ................... SR 407

Property Conveyance; Georgia Uniform Conservation Easement Act ......... HB 1388

Property Conveyance; Glynn County, Frederica River; easement to William A.

Benson for marina facility .............................................. HR 788

Property Conveyance; Glynn County; State Forestry Commission; facility,

tower .................................................................. SR 408

Property Conveyance; Gordon County; sell abandoned W&A Railroad

right-of-way to William A. Davis ........................................ HR 841

Property Conveyance; land in Cobb County, to Board of Regents ............. SR 369

Property Conveyance; leases, easements of state-owned property; various

locations; repeal certain resolution Acts ................................... SR 375

Property Conveyance; Macon Housing Authority; sell National Guard Armory

property ............................................................... SR 474

Property Conveyance; Rabun County; easement; Sylvan Lake Falls

Homeowners' Association ................................................ SR 379

Property Conveyance; Rockdale County; lease for water reservoir............. HR 647

Property Conveyance; sell to City of Calhoun; certain land tract ............. HR 716

Property Conveyance; Tattnall County Wildlife Management Area easement . HR 831

Property Conveyance; Toombs County; easement; Southern Bell cable .... SR 380

Property Conveyance; water/sewer line easement in Pulaski County; sell land

tract to Richmond County

.............. HR 966

Property Conveyance; Whitfield-Murray Historical Society; easement; marker,

Chetoogeta Mountain at Tunnel Hill ....................... SR 378

Public Employee Hazardous Chemical Protection and Right to Know Act;

editorial changes; delete employee training; charges ...................... HB 2029

Public Health Department Study Committee; creating separate agency ........ SR 543

Public Hearings; legislative, congressional redistricting plans .................. SB 135

Public Officers; employment of relatives prohibited; exception ................. SB 482

Public Officers; ethics training requirements; failure to attend............... HB 1648

Public Officers; legislative, judicial, executive; ethics training ................. HR 859

Public Officials; elected; ineligible employment for certain period

SB 165

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3826

JOURNAL OF THE SENATE

STATE GOVERNMENT (Continued)

Public Records; access to; reproductions; per page copying fees................ SB 345

Public Records Disclosure; exempt certain internal investigatory records of law

enforcement or peace officers. ............................................ SB 146

Public Records; legislative, congressional redistricting data; public access ....... SB 137

Public Records; materials used redistricting purpose; inspection ............... SB 139

Public Records; materials used redistricting purposes; public access............ SB 136

Public Records; state directory and other information; fees ................. HB 1004

Public Records Used Commercial Solicitation; access limitations............... SB 588

Public Safety; create new department to administer law enforcement

services and training academies ........................................... SB 74

Public Safety Department; uniform personnel; use of equipment .............. SB 493

Regional Development Centers; employees; retirement membership ........ HB 1229

Regulatory Agencies; performance review; legislative committees............... SB 535

Revenue Bills; originate in either house of General Assembly .................. SR 13

Revenue; collection by county or municipality; offset costs .................... SB 608

Revenue; sales of Georgia Laws, Senate and House Journals .................. SB 791

Revenue; sales taxes; exempt items paid by Medicaid, Medicare .............. HB 332

Revenue; unused campaign contributions; disposition .............. SB 483

Rural Development State Advisory Committee; number of members;

Governor appoint ..................................................... HB 1233

Sales Taxes; exemption; items paid by Medicaid or Medicare ................ HB 332

Secretary of State; cost of information services; user fees ................... HB 1004

State Agencies; abolition, continuation after 4 years; amend Constitution........ SR 10

State Agencies; retired employees performing consultant services .............. SB 541

State Agencies; rules; proposed, amended; explanatory synopsis ............... SB 534

State Arboretum; designating the Thomson Mills Forest near Braselton... HR 225

State Commission on Compensation; abolish. .............................. HB 1129

State Employees; reduction in force; formulate downsizing plans .............. SR 534

State Financing and Investment Commission; approval functions ............ HB 1967

State Financing and Investment Commission; membership of Director,

Office of Planning and Budget ........................... SR 200

State Funds; cash management policies; interest earnings ................... HB 1400

State Officials; compensation methods; future changes ...................... HB 1129

State-owned Property; marshlands, water bottoms; restrict leases ............ HB 1389

State Printing; elected official's name on promotional brochures ............... SB 686

State Printing; promotional materials, signs; name or picture of official of

executive branch ...................................................... HB 1647

State Properties Commission; reports; proposed purchase or leases ............ SB 638

State Properties Commission; terminate lease to Consolidated Atlanta

Properties, Ltd ........................................... SR 196

State Symbols; designate official Georgia Folk Festival ..................... HB 1361

State Symbols; official music, designate jazz during February ................. SR 479

State Symbols; official state theater; Springer Opera House ................. HB 1151

Tax Amnesty Program Act; enact ........................................ HB 1405

Transportation Department; contracts; Equal Opportunity Officer .............. SB 14

Transportation; regional authorities; contiguous counties to create ............ HB 919

Veterans' Employment Preference; certain Gulf War active duty

SB 552

Walter F. George Tribute Commission; creation. ............................ HR 881

World Congress Center; property, contract events; prohibited conduct; police,

security, powers; employee records check .................................. SB 387

STATE MERIT SYSTEM AND UNIVERSITY SYSTEM OF GEORGIA; Joint Study Committee on Compensation ................................... SR 420
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INDEX

3827

STATE PATROL (See Public Safety Department or Law Enforcement)

STATE PENSION AND RETIREMENT FUNDS STUDY COMMITTEE; creation .................................................................. SR 354

STATE PROPERTIES COMMISSION (See Property Conveyances or State Government)

STATE SYMBOLS Designate Jazz as Offical Music During Month of February ................... SR 479 Forest Resources; designating the State Arboretum of Georgia ............... HR 225 Official Georgia State Theater; Springer Opera House in Columbus .......... HB 1151 Official State Folk Art Festival; designate Georgia Folk Festival............. HB 1361 Official State Possum; designate Pogo....................................... SB 651 Official State 'Possum; designate Pogo created by Walt Kelly ............... HB 1325 Official State 'Possum; designate Pogo created by Walt Kelly ............... HB 1548

STEPHENS COUNTY Magistrate Court; law library fees in civil actions; remittance ............... HB 1724 Mountain Judicial Circuit; superior court; jurisdiction ...................... HB 1288

STEWART COUNTY Property Conveyance; easement; Oglethorpe Power; transmission lines ......... SR 381 Stewart County Solid Waste Authority Act; enact.......................... HB 2164

STONE MOUNTAIN JUDICIAL CIRCUIT Superior Court; judges; salary supplement; DeKalb County ................. HB 2082 Superior Court; tenth judgeship; DeKalb County. ............................ SB 301

STREET GANG TERRORISM AND PREVENTION ACT, GEORGIA; enact .................................................................... SB 735

STRIBLING MEMORIAL BRIDGE; urging designation; Habersham County ............................................. HR 722

STUDY COMMITTEES (See Committees, Study)

SUMMERVILLE, CITY OF; nonbinding referendum; abolish city manager position, adopt full-time mayor position................................... HB 2081

SUMTER COUNTY Board of Commissioners; compensation; change salaries .................... HB 1859 Board of Commissioners; compensation; repeal Act; 1970 Census ............ HB 1858 Board of Commissioners; election districts; reapportion ..................... HB 1615 Board of Education; election districts; reconstitute; referendum ............. HB 1619 Sumter County Industrial Development Authority Act; enact ............... HB 1982 Sumter County Livestock Authority; creation; purposes, powers ............. HB 1662

SUNSET LAWS; State Agencies; abolition, continuation after 4 years; amend Constitution ........................................................ SR 10

SUNSHINE IN LITIGATION STUDY COMMITTEE

SR 512

SUPERIOR COURTS (Also See Courts or Judicial Circuits) Bail Bonds; failure to appear; forfeiture procedures ........................ HB 1706 Blue Ridge Judicial Circuit; third judgeship ................................. SB 364 Brunswick Judicial Circuit; fifth judgeship .................................. SB 314 Chief Judges; powers; impaneling a second grand jury ......................... SB 85 Civil Actions; filing fee; fund judicial education and training .................. SB 518 Civil Cases; additional filing fees; indigent defense funding ................... SB 714 Clerks; additional compensation; Polk County ............................... SB 384 Clerks; applications for notarial commissions; filing of bonds .................. SB 719

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3828

JOURNAL OF THE SENATE

SUPERIOR COURTS (Continued) Clerks; attend probate court for traffic cases; repeal provision ................. SB 689 Clerks; attend probate court traffic cases; repeal provisions ................. HB 1645 Clerks; fees; domestic civil cases; counties of 640,000 ......................... SB 317 Clerks; fees for services; revise; counties of 550,000 or more ................... SB 316 Clerks; fees for services; 1990 population classification ........................ SB 318 Clerks; minimum salary; longevity; cost-of-living adjustments ................. SB 553 Clerks; recording fees; criminal bond forfeitures; exempt sheriffs ............ SB 246 Clerks; recording fees for criminal bonds; sheriffs exempt..................... SB 496 Clerks; salary; additional for services in other courts ......................... SB 441 Cobb Judicial Circuit; judges; salary supplement............................. SB 371 Conasauga Judicial Circuit; DA investigators; arrest procedures ............... SB 850 Condemnation Cases; judge to fix costs to be paid; certain counties.......... HB 2044 Council of Superior Court Judges; designee; County Probation Advisory Council .............................................................. HB 1607 Court Appointed Receivership of Nursing Homes Cited for Violations ......... SB 211 Criminal Procedure; bailable offenses; transfers to other court................ HB 875 Criminal Procedure; offenses bailable only before superior court............... SB 388 Dam Safety; violations; final orders; file in county located .................... SB 522 District Attorneys; creation of Bad Check Division within offices .............. SB 530 District Attorneys Emeritus; delete certain retirement restriction .............. SB 288 District Attorneys; emeritus; surviving spouse benefit options ................ HB 551 Dougherty Judicial Circuit; provide for new third judgeship................. HB 1943 Family Violence; protective orders; violations; notice to judge ................ HB 298 Fines; additional in DUI Cases; Crime Victims Emergency Fund .............. SB 524 Flint Judicial Circuit; provide for third judgeship .......................... HB 2094 Fulton County; judges appoint jury clerk.................................... SB 794 Griffin Judicial Circuit; superior court; fourth judgeship ...................... SB 334 Gwinnett Judicial Circuit; sixth judgeship .................................. HB 534 Judges; appointment by Governor, 4 year terms; amend Constitution .......... SR 170 Judges; election in single-member districts in which serves; terms ............. SB 262 Judges; election revisions; limited voting, nonpartisan, plurality ............... SB 264 Judges; powers; appointment of jury clerks and other personnel ............... SB 683 Judges; repeal election; provide appointment by Governor .................... SB 263 Judges; retirees; appointment as senior judges .............................. HB 900 Judges; retirees; county supplement to benefits; conditions.................... SB 546 Judges Retirement; creditable service; state court judge, solicitor ............. HB 183 Judges Retirement; creditable service; state court judge, solicitor .............. SB 149 Judges; supplemental expense allowances; 1970 population; repeal Act ....... HB 1909 Judges; term of office; adjust so all judges elected same time.................. SR 171 Judges; transfer of membership to District Attorneys' Retirement System . . . . . HB 801 Judicial Circuits; creation of a new Enotah Judicial Circuit ................. HB 1288 Judicial Employees; circuit court administrators; retirement.................. HB 588 Judicial Review; certificate of need; multiple petitioners ...................... SB 586 Lookout Mountain Judicial Circuit; district attorney; personnel ............. HB 1084 Lookout Mountain Judicial Circuit; fourth judgeship ........................ HB 354 Rockdale Judicial Circuit; additional judge .................................. SB 127 Sheriffs; fees; copies of public records; per page copying fees .................. SB 345 Southern Judicial Circuit; fifth judgeship.................................... SB 776 Stone Mountain Judicial Circuit; judges; salary supplement ................. HB 2082 Stone Mountain Judicial Circuit; tenth judgeship ............................ SB 301 Tallapoosa Judicial Circuit; superior court; third judgeship ................. HB 1943 Trials; criminal prosecution of juvenile designated felony acts; drug trafficking . HB 87
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INDEX

3829

SUPERMARKET GROCERY STORES; election poll places; alcohol beverage sales ............................................................ SB 549

SUPREME COURT Appeals; workers' compensation awards; procedures .......................... SB 702 Attorneys; admission to practice of Law; urge reconsider rules ................ SR 514 Attorneys; applicants for bar exam; rules governing law schools ............... SB 612 Attorneys; practice of bankruptcy or debt relief; advertising .................. SB 472 Chief Justice Harold G. Clarke; address joint session. ...................... Page 160 Former Justices, Apellate Judges Appearing as Counsel; prohibitions ........... SR 76 Hearing Calendar; provide for publication; Georgia Register Act............... SB 379 Joint Session; message from Chief Justice Clarke; January 17 ................ HR 641 Justices and Appellate Judges; invite General Assembly Session .............. HR 639 Powers; ethics training for elected judges; sanctions ........................ HB 1648

SURETY BONDS

Agricultural Product Dealers; who shall be required to post bond

.... SB 519

Business Opportunity Sellers, Multilevel Distribution Companies ............ HB 1502

Contractors; payment of sales tax; surety bond requirements................. HB 336

Driver Training Schools; minimum surety bond; failure to maintain .......... HB 824

Driver Training Schools; qualifications of operators .......................... SB 765

Forfeiture for Failure to Appear; practices, procedures ..................... HB 1706

Forfeiture; principal failure to appear court; conditions not warrant ........... SB 308

Hunting, Fishing Licensed Bonded Agents; self-insurance fund ............... HB 708

Nonpublic Postsecondary Educational Institutions; requirements ............ HB 1997

Notaries Public; riling requirements; amount; misconduct cases................ SB 719

Professional Bail Bondsmen; fees for indigent defense programs ............... SB 304

Sheriffs; deposits in interest-bearing accounts; certain counties .............. HB 2054

SURFACE MINING OPERATIONS; land use plans; reclamation; permits .... SB 523

SURROGATE PARENTAGE; void and unenforceable contracts ................ SB 1

SUWANEE, CITY OF; Ad Valorem; homestead exemption; certain persons HB 2165

SUWANEE RIVER; water quality; develop river basin management plan ... SB 637

SWANSON, CADET FIRST SARGEANT D.; commend .................... SR 593

TALBOT COUNTY Probate Court; judge; provide salary, abolish fee system; personnel; office operating expenses .................................................... HB 1433 Sheriff; change compensation ............................................ HB 1432 Superior Court Clerk; change annual salary ............................... HB 1430 Tax Commissioner; salary; personnel; commissions, fees, funds .............. HB 1431
TALLAPOOSA, CITY OF; municipal court; jurisdiction, punishment powers HB 2073
TALLAPOOSA JUDICIAL CIRCUIT; Superior Court; third judgeship; counties of Haralson, Paulding and Polk .................................. HB 1943
TALLAPOOSA RIVER; water quality; develop river basin management plan SB 637
TALLULAH GORGE; designate; Riley C. Thurmond Bridge ................. HR 839
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3830

JOURNAL OF THE SENATE

TAM INDUSTRIES OF TATTNALL COUNTY; commend ............. SR 589

TANNER GROUP OF VALLEJO, CALIFORNIA; commend

SR 597

TATTNALL COUNTY Board of Commissioners; election districts; reapportion ..................... HB 1700 Board of Education; election districts; reapportion ......................... HB 1702 Designate; Coleman's Bridge; memory of Reverend James "Jim" Coleman, across Ohoopee River ................................................. HR 1029 Property Conveyance; Wildlife Management Area; easement to Stanford and Barbara Tillman ............................. HR 831

TAX COLLECTORS, COMMISSIONERS Counties Between 350,000 and 550,000; school tax collection ........... SB 803 Counties; board of tax assessors; elections by local Act ........................ SB 44 County Board of Tax Assessors; computing property values; notices ........... SB 502 County Officials; salaries; longevity; cost-of-living adjustment ................. SB 553 County Tax Digests; 3-year evaluation cycles; review, approval, disapproval; tax collections; appeals; penalties ....................................... HB 1595 Date for Closing Books; homestead exemption, filing application .............. SB 695 Duties; change certain duties; oath of office; liability ......................... SB 617 Duties; change provisions; appraiser, ascertain taxable property ............... SB 539 Office Hours for the Offices of County Tax Officials .......................... SB 291 Tax Delinquent Properties; school taxes; power to sell; land bank authorities ........................................................... HB 1692

TAX EXECUTIONS Administration Fee Levy; may include attorneys' fees ......................... SB 56 Judicial Sales; legal advertisements; which newspaper shall advertise .......... SB 431

TAXATION (See Revenue and Taxation)

TAXIDERMISTS; Licensing; registration; create State Board of Taxidermy Examiners ........................................................ SB 333

TAYLOR COUNTY; probate judge services as chief magistrate; compensation........................................................... HB 1799

TAYLOR, SENATOR MARK; excused; personal business ................. Page 2363

TEACHERS

Alleged Employment Violation; local complaint policy procedures ........... HB 1812

Alternative Teacher Certification Joint Study Committee ...................... SR 59

Certification; authority of Professional Standards Commission................. SB 777

Certification; coursework requirements; change provisions ................... HB 1482

Contract of Employment; require fingerprint, criminal records check

.SB 425

Contributions, Dues; payroll deduction; school system discretion .............. SB 591

Course Requirements in Teacher Preparation Programs ...................... SB 233

Department of Technical and Adult Education; retirement membership .... SB 148

Duty-free Daily Lunch Period; exchanging for benefits ...................... HB 373

Georgia Teacher of the Year; increase in state salary ......................... SB 412

Health Insurance Plans; contracting providers; agreed upon fees. .............. SB 190

Leave of Absence; teach alternative choice demonstration schools.............. SB 780

Minority Educator Recruitment Office; creation.............................. SB 433

Noncertificated School Personnel Study Committee; create .................... SR 54

Retirement; creditable service; establish for pregnancy ...................... HB 216

Retirement; former members; reestablishment of creditable service ............ HB 39

Retirement System; withdrawn contributions; reestablish credit ............. HB 1594

Students; attendance in school system where parents employed ............... SB 533

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3831

TEACHERS (Continued) Students; improved achievement; faculty performance awards ................. SB 488

TEACHERS RETIREMENT Alternative Service Retirement Allowance at 55 years of Age.................. SB 249 Creditable Service; certain full-time graduate study .......................... SB 121 Creditable Service; establish for absence because of pregnancy ............... HB 216 Creditable Service; private school teaching service; limitations................. SB 266 Creditable Service; reestablishment; withdrawn contributions.................. HB 39 Creditable Service; reestablishment; withdrawn contributions................ HB 1594 Creditable Service; transfers from Employees' Retirement System ............. HB 37 Creditable Service; withdrawn contributions; reestablish; interest payments HB 346 Disability Retirement; effective date; benefits payments ..................... HB 311 Early Retirement on 30 years of Service Basis; requirements .................. SB 108 Eligibility; creditable service; less than 30 years.............. SB 92 Membership; attendance officers........................................... HB 353 Membership; employees, Department of Technical and Adult Education ....... SB 148 Membership; public school employees; employer contributions. ............... HB 912 Retirees Whose Spouse Predeceases; elect new option ...................... HB 1753

TECHNICAL AND ADULT EDUCATION Commissioner; membership on Distance Learning and Telemedicine Network Governing Board........................................................ SB 144 Department; employees; retirement membership ............................. SB 148 Job Training for Unemployed Parents Owing Child Support; costs ........... HB 426 Postsecondary and Adult; committee to study funding, needs ................. SR 431 Postsecondary Vocational; committee to study lab, equipment, library research needs .......................................................... SR 374 Postsecondary Vocational; committee to study lab, equipment, library needs . . SR 29 Quick Start Employment Training; qualifying existing industries ............ HB 1873 Special Populations; study of equal access to Vo-Tech programs .............. SR 522

TEENAGE PREGNANCY PREVENTION TASK FORCE; creation

SR 526

TELECOMMUNICATIONS (Also See Public Utilities or Computers or Media) Cable Industry; urge state-wide fiber optic network; competitive market ...... HR 261 Electric Utility Lines; safeguards against contact; High-voltage Safety Act. . HB 1663 Emergency 911 Telephone System; local advisory board requirements........ HB 1583 Facsimile or Telecopiers; transmission of pharmacy prescriptions .............. SB 619 Facsimile Transmissions; applications for absentee ballots .................. HB 1369 GeorgiaNet Authority; publication of the Georgia Register .................... SB 379 Public Service Commission; special operating fees; calculation methods ....... HB 901 Public Utilities; limit alien, foreign ownership of any voting stock ............. HB 12 Radio Utilities; combined newly formed service area; PSC powers ............. SB 580 Radio Utilities; mobile radio subscriber service areas; termination procedures HB 1624 Rural Telephone Cooperatives; offices in certain populated cities ............ HB 1694 Telephone Advertising Directories; deceptive publication of non-local businesses with long-distance numbers .................................. HB 1314 Telephone Area Codes; prohibit dividing certain counties ..................... SB 581 Telephone Companies; local exchange service; county-wide calling ............. SB 369 Telephone Companies; unlawful disclosure customer's personal records......... SB 297 Telephones; public pay phone; free emergency call to fire or police ............ SB 206 Telephones; solicitation of orders for printed materials; agreements ............ SB 408 Visual or Sound Broadcasting Stations; legal services advertisements ........ HB 1860

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3832

JOURNAL OF THE SENATE

TELEMARKETING

Promotional Giveaways or Contests; definition; unlawful...................... SB 408

Solicitation of Orders for Printed Materials; validity of agreements ............ SB 408

Unsolicited Merchandise; ordering for another person prohibited

SB 84

TELEVISION

Closed Circuit TV Testimony; child victims of sexual crimes

SB 29

Closed Circuit TV Testimony; child victims of sexual crimes ................... SB 70

TELFAIR COUNTY; Board of Education; vacancies; procedures; referendum SB 863

TENNESSEE Hamilton County and City of Chattanooga; sale and conveyance of state-owned property; repeal 1988 Act................................................ SR 375 Hamilton County; conveyance of State's interest in 99 year lease agreement; repeal 1986 Act......................................................... SR 375

TENNESSEE RIVER; Development of River Basin Management Plan

SB 637

TERM LIMITATIONS (Also See Elections) Elected Public Officers; term limitations; amend Constitution General Assembly Members, Lt. Governor; amend Constitution General Assembly Members; 12-year limit; amend Constitution

SR 357 SR 350 SR 11

TERRELL COUNTY; Board of Commissioners; election districts; reapportion ............................................................ HB 2098

TEXTILE AND APPAREL INDUSTRY; Job Creation and Retention for Georgians Study Committee ............................................ SR 529

THEATERS AND MOTION PICTURES; State Tax on Consumer Rental of Motion Pictures, Videos for Children's Trust Fund ................. SR 230

THEFT

Architects, Landscapers, Engineers, Contractors; conversion of payments for

property improvements; evidence

SB 132

Criminal Procedure; felony offenses; trial upon accusation

HB 1136

Financial Transaction Cards; redefine conduct

SB 151

Motor Vehicle; punishment; incarceration in boot camp unit .................. SB 350

Offense of Fraudulent Receipt of Rental Property; punishment.............. HB 1474

Theft by Extortion Against Elderly Persons; punishment ..................... SB 526

Theft by Shoplifting; fourth or subsequent offense; sentencing

SB 635

Trade Secrets; offense of misappropriation defined; penalty

SB 320

THERAPEUTIC RECREATION, PRACTICE OF; licensure

SB 464

THOMAS COUNTY Board of Commissioners; election districts; reapportion ..................... HB 2068 Superior Court; provide for fifth judgeship .................................. SB 776

THOMASTON, CITY OF; Thomaston-Upson County School Taxes; homestead exemption ................................................... HB 2104

THOMASVILLE, CITY OF; Property Conveyance; disposition of Labor Department property

HR 778

THOMPSON, HAROLD G.; commend

SR 507

THOMPSON, SENATOR STEVE Excused; emergency in district ........................................... Page 229 Excused; to attend funeral.............................................. Page 2117

THURMOND, RILEY C., BRIDGE; designate over Tallulah Gorge

HR 839

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INDEX

3833

TICKET SCALPING; Tickets for Athletic Contests; authorized service charges . SB 700

TIFTON, CITY OF; Property Conveyance; disposition of Labor Department property ................................................................ HR 778

TILLMAN, STANFORD AND BARBARA; easement; Tattnall County Wildlife Management Area .................... HR 831

TIMBER; Timber Revenue Fund; create to fund public hunting, fishing areas . . . SB 271

TIRES, SCRAP; Disposal Restrictions; regulate processors, transporters, retailers, retreaders ..................................................... HB 1385

TOBACCO PRODUCTS Auction Sales of Flue-cured Leaf Tobacco; licenses; increase fees ............ HB 1199 Lawful and Unlawful Use; prohibited transactions relative to cigarettes and tobacco ................................................................ SB 256 Regulate Use, Nonuse in Public Places; smoking and nonsmoking areas; prohibit discriminatory employment practices.............................. SB 251 Sales to or Purchase by Persons Under Age 18 prohibited .................... SB 248 Smoking, Tobacco Use by Students Prohibited School Property, Bus ......... HB 275 Use During Nonworking Hours; employer prohibited penalize employee ....... HB 728

TOLLWAY FACILITIES, PROJECTS; Participation of Private Persons, Entities; contracts, bids, bonds ........................................... HB 1429

TOOMBS COUNTY Development Authorities; joint boards; assumption of powers................ HB 1733 Property conveyance; easement; Southern Bell; cable ......................... SR 380

TORTS Abusive Litigation; certain alleged discriminatory housing practice............. SB 615 Civil Actions; special damages; evidence of collateral sources ................. HB 681 Georgia Tort Claims Act; state officers, employees liability for good faith performance; waiver of sovereign immunity; limitations ..................... SB 415 Medical Providers; uncompensated care, preventative health screening clinics; athletic team doctors; extend immunity from liability ..................... HB 681 Motor Vehicle Insurance; claimant's recovery against other tort-feasor ....... HB 1676 Privileged Communications; defense to libel; truthful investigative reports...... SB 285

TOWING, WRECKER SERVICES; Removal Improperly Parked Cars;

liens for storage fees; foreclosure

....... SB 339

TOWNS COUNTY Board of Education; selection of members; referendum ..................... HB 2177 Enotah Judicial Circuit; creation; composition of circuit .................... HB 1288

TOY MANUFACTURERS, AMERICAN ASSOCIATION OF; urge product design to promote positive values ................................... SR 551

TRADEMARKS, SERVICE MARK OR TRADE NAMES Proprietary Confidential Information Submitted Public Service Commission SB 420 Theft; offense of misappropriation defined; penalty .......................... SB 320

TRAFFIC (See Motor Vehicles and Traffic)

TRAILS FOR RECREATIONAL PURPOSES (Also See Railroads or Parks) Abandoned Railroad Rights of Ways, Corridors; rails-to-trails; urge utilize federal funds to acquire .................................................. SR 25 Railroad Rights of Way; abandoned; acquisition by governmental entities; procedures ........................................................... HB 1689

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3834

JOURNAL OF THE SENATE

TRANSPORTATION (Also See Highways or Public Utilities)

Air; Joint Georgia Airport Development Authority Study Committee .......... SR 197

Air Transportation Projects; create Airport Development Authority............ SB 718

Air Transportation Projects; create Airport Development Authority............ SB 244

Airport Development Authority Law; effective upon completion of State

Airport System Plan .................................. SB 544

Airport Development Authority Law; enact; effective upon completion

"State Airport System Plan"........................................... HB 1106

Commercial Vehicles; federal licensure; urge waive final date................ HR 1170

Department; contracts; bids; disadvantaged business enterprises ................ SB 14

Department; enforcement program; transfer to new PSD Division ............. SB 500

Department; enforcement; vehicle load limitations; repeal..................... SB 540

Department; railroad rights of way; acquisition for public use ............... HB 1689

Designate; Admiral Mack Gaston Parkway; Whitfield County ................ HR 874

Designate; Albert D. Clifton Memorial Highway; Candler County............. HR 926

Designate; Ben Jess Logan, Sr., Memorial Bridge; Gilmer County ............. SR 366

Designate; Clarence R. Vaughn, Jr., Highway; Rockdale County .............. HR 914

Designate; Coleman's Bridge across Ohoopee River, Tattnall County ......... HR 1029

Designate; Colonel Tom Parrott Parkway; Whitfield County ................. HR 875

Designate; Edward C. Moses Highway; Uvalda, Montgomery County.......... HR 946

Designate; Genevie Dickey Bridge between Whitfield and Murray County . HR 652

Designate; Grady Mallard Bridge; north of City of Waynesboro .............. HR 845

Designate; Harry Leon Simpson Parkway; S. R. 52 from Dalton .............. HR 978

Designate; Historic U.S. 19, Ga. 60 Business Route; Dahlonega ........ SR 358

Designate; J. C. "Jake" Woods Avenue within City of Trion ................ HR 1008

Designate; James L. Clarkson Memorial Highway; Walker County ............. SR 410

Designate; J.E. "Ted" McTyre Parkway through City of Dallas .............. HR 713

Designate; Martin Dooley Parkway; S.R. 61, Eton, Murray County ........... HR 976

Designate; Reinhardt College Parkway; State Hwy. 140, Canton .............. HR 790

Designate; Riley C. Thurmond Bridge over Tallulah Gorge .................. HR 839

Designate; Robert B. Nett Medal of Honor Highway; Muscogee County ........ SR 485

Designate; Samuel Frank Morast, Jr., Highway; Muscogee County

HR 653

Designate; Scooterville Highway; Ga. Hwy 256, Worth County .............. HR 1010

Designate; South Georgia Parkway; Corridor Z developmental highway from

Columbus to Brunswick ................................................. SR 180

Designate; Stribling Memorial Bridge; urging Habersham County............. HR 722

Designate; Veterans Memorial Parkway; U.S. Hwy 441, Jackson County ...... HR 933

Developmental Highway System; revise; delete Outer Perimeter ............... SB 652

Handicapped Persons; mobility impaired persons and their service dogs;

rights to accommodations ............................................... HB 835

Highways; load limitation enforcement; moneys collected for violations;

disbursement ......................................................... HB 1396

Highways; load limitations; violations; failure to pay penalties................. SB 698

MARTA; annual report and payments lists; notice of availability ............. HB 218

MARTA; costs; compliance with certain regulations; use of revenues ......... HB 1469

MARTA; security, police force; jurisdiction; qualifications; immunity.......... HB 219

MARTA; security, police; jurisdiction; qualifications; immunity ............... HB 659

MARTA; state, federal appropriations; eligibility; disbursement .............. HB 586

MARTA; use of interest income from reserve funds for operating costs ... HB 221

Motor Carrier Road Tax; redefine vehicles transporting property ............ HB 1307

Motor Carriers; penalties or fees owed DOT; withhold registration............. SB 699

Motor Fuel Taxes; use of revenue; amend Constitution ....................... SR 348

Outdoor Advertising Along State Highways; prohibited trimming

... SB 152

Public Roads; displaced wetlands; mitigation; property acquisition ............ HB 674

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3835

TRANSPORTATION (Continued) Public Roads; rights of way; bus stop shelter restrictions ..................... SB 616 Rail Passenger Service Study Committee .................................... SR 513 Railroad Lines; purchaser or transferee honor labor contracts ................. SB 632 Railroads; grade crossing elimination; division of costs........................ SB 286 Rails-to-trails; acquiring abandoned railroad corridors; encourage ............... SR 25 Roadway Lighting Projects; urge technologies to minimize glare ............... SR 540 Speed Detection Devices; traffic engineering permit applications ............... SB 551 State Board; members; removal from office for cause; procedures .............. SB 656 Surface and Air Transportation Regional Authority; creation by contiguous counties; membership; powers; bonds; ordinance .......................... HB 919 Tollway Projects Financed or Operated by Private Entities ................. HB 1429 Transportation Trust Fund; creation; amend Constitution .................... SR 477 Trucks; household goods, commodity carriers; exempt rate regulation .......... SB 432 Urge Passage Federal Surface Transportation Reauthorization Act.............. SR 98 Vehicles Transporting Manufactured Homes; single-trip permits............... SB 611 Vehicles Transporting Manufactured Homes; single trip permits............. HB 1459

TRANSPORTATION BOARD, STATE Election of Charles W. McGrady ......................................... Page 175 Election of Sam M. Wellborn ............................................ Page 177

TRANSPORTATION COMMITTEE; Senator Thompson act as chairman.. Page 1611

TRESPASS; Offenses Occurring Within Corporate Limits of Municipalities HB 1211

TRIAL JUDGES AND SOLICITORS RETIREMENT FUND

Judges; retirees; county supplement to benefits; conditions.................... SB 546

Members Over Age 70 Remaining in Office; benefits; contributions

.... SB 529

TRIALS, PRETRIAL PROCEEDINGS Felony Trials; juries; change size of jury panel, number of peremptory challenges; cases seeking death penalty ................................. HB 1710 Felony Trials; juries; equal number of peremptory challenges ................. SB 383

TRION, CITY OF; designate; J. C. "Jake" Woods Avenue .................. HR 1008

TROUP COUNTY
Ad Valorem; homestead exemption; elderly residents; referendum ........... HB 1865 Board of Commissioners; election districts; reapportion ....................... SB 659 Board of Education; election districts; reapportion ........................... SB 856

TRUCKS

Ad Valorem Tax; heavy construction equipment subject taxation ............ HB 1460

Ad Valorem Tax; heavy construction equipment vehicles ................... HB 1279

Ad Valorem Tax; heavy equipment vehicles owned by nonresidents

HR 715

Commercial Driver's License; suspend, revoke for DUI Violations ............. SB 489

Commercial Driver's Licenses; training schools; qualifications ................. SB 765

Commercial Licensure Under Federal Law; urge extend final date

HR 1170

Commercial Vehicles; offenses disqualifying persons from driving .............. SB 505

Household Goods and Commodity Carriers; rate regulation exemption ......... SB 432

Household Goods Carriers; invalid certificate; fines, assessments ............. HB 1539

Manufacturers, Dealers, Distributors; regulate business practices .............. SR 486

Motor Carrier Road Tax; redefine vehicles transporting property ............ HB 1307

Motor Common Carriers; clarify haulers of agricultural products

SB 812

Permits and Enforcement; establish new regulatory division................... SB 500

Road Tax on Motor Carriers; definition; withholding registration .............. SB 699

Vehicle Loads; excess weight; schedule of fines .............................. SB 540

Vehicles Transporting Loads; offense of failure to secure ................... HB 1487

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3836

JOURNAL OF THE SENATE

TRUCKS (Continued) Vehicles Transporting Manufactured Homes; single-trip permits............... SB 611 Vehicles Transporting Manufactured Homes; single-trip permits............. HB 1459 Weight, Height, Length, Load Limitations; permits; prohibitions ............ HB 1904 Weight Limitations; assessment for violations; failure to pay .................. SB 698

TSONGAS, PAUL; Presidential Candidate; introduced, remarks. ........... Page 1195

TURNER COUNTY Board of Commissioners; election districts; reapportion ..................... HB 2004 Board of Education; election districts; reapportion ......................... HB 2002

TURNER, ROBERT EDWARD "TED"; recognizing; message to General Assembly ............................................................... HR 814

TWIGGS COUNTY Ad Valorem; school taxes; homestead exemption; certain residents ........... HB 2100 Board of Commissioners; election districts; reapportion ..................... HB 1244 Board of Commissioners; election of members; terms ....................... HB 2139 Board of Commissioners; meetings not conducted on Sundays; county attorney ............................................................ HB 1254 Board of Education; election districts; reapportion ......................... HB 1245 County Offices; relocation out of courthouse; referendum approval........... HB 1204 Probate Court; judge; compensation; benefits; personnel .................... HB 1208 Refuse Receptacle Placement; update figures describing county. ............. HB 1310 Sheriff; compensation; benefits; personnel ................................. HB 1207 Superior Court Clerk; compensation; benefits; personnel .................... HB 1209 Tax Commissioner; compensation; personnel, compensation ................. HB 1206

TWIN CITY, CITY OF; property conveyance; easement; sanitary sewer line... SR 407

TY TY, CITY OF; new charter ........................................... HB 1257

TYSINGER, SENATOR JIM; excused; World Congress Center duties. . Page 3238

TYSON, LEAH, 4-H NATIONAL CHAMPION; commend

SR 448

u

ULMER, JOHN WESLEY, JR.; compensate ............................... HR 723
UMSTATTD, ROY; commend ...................... SR 582
UNCLAIMED PROPERTY Disposition; procedural time periods; custody of state ...................... HB 1397 Self-service Storage Facility; owner-occupant agreements ..................... SB 648
UNEMPLOYMENT COMPENSATION (See Employment Security or Labor)
UNFAIR BUSINESS PRACTICES (See Selling or Commerce)
UNIFORM COMMERCIAL CODE Funds Transfers; transmittals to receiving bank ............................ HB 762 Investment Securities; secured interests, parties, agreements ................. HB 761
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3837

UNION COUNTY Enotah Judicial Circuit; creation; composition of circuit .................... HB 1288 Probate Courts; traffic cases; repeal superior court clerk duty ............... HB 1645 Probate Courts; traffic cases; superior court clerk duties ...................... SB 689

UNIONS AND LABOR RELATIONS Activities of Employees During Nonworking Hours; prohibit employer discrimination .......................................................... SB 256 Labor contracts; railroad companies; sale or transfer of lines .................. SB 632

UNIVERSITY OF GEORGIA

Carl Vinson Institute of Government and the A.L. Burruss Institute of Public

Service; duties; conduct ethical training courses .......................... HB 1648

Carl Vinson Institute of Government; training for city clerks................ HB 1107

College of Agriculture; urge study commercial ostriches farming

HR 772

School of Law; continuing education for judicial personnel; funds ............. SB 518

State Arboretum of Georgia; designate the Thomson Mills Forest

HR 225

UGA Law School Moot Court Team; commend .............................. SR 515

UGA 1991 Football Team; commend........................................ SR 411

UNIVERSITY SYSTEM (Also See Colleges or Education or Regents Board) Admission, Graduation Requirements; modify for disabled students............ SB 193 Atlanta Metropolitan College; urge rename King-Abernathy State College ...... SR 107 Board of Regents; acquisition of Atlanta Area Technical School ............... SR 177 Board of Regents; chancellor; membership on Distance Learning and Telemedicine Network Governing Board .................................. SB 144 Board of Regents; conveyance of state-owned land, Cobb County .............. SR 369 Board of Regents; required reports; graduate job placement data .............. SB 835 Employees; family or medical work leave; procedures......................... SB 831 Full-tuition Scholarships; new program; financial need based ................... SB 31 Full-tuition Scholarships; new program; financial need based ................... SB 37 Gerontology and Geriatrics; urge educational instruction ..................... HR 648 High School Students; postsecondary option; early enrollment; grants .......... SB 417 Lab, Equipment, Rehabilitation Technology, Eminent Scholars Endowment Study Committee ....................................................... SR 421 Outstanding Scholars on Academic Recognition Day; commend................ SR 554 Personnel; compensation, career advancement policies; study of ............... SR 420 Postsecondary Vocational Education Lab, Equipment, and Library Research Needs Study Committee ............................ SR 374 Public Research University; nonpublic institute of paper science ............ HB 1693 Records Identifying Persons Considered for Employment; disclosure ........... SB 604 Scholarships, Loans, Grants; promote certain state agencies .................. HB 695 System-wide Conversion to the Semester Calendar; encouraging ............... SR 472 Teacher Preparation Programs; requirements; subject area course work ........ SB 233 Toxic Materials Users; reduction assistance service; create .................... SB 645

UPPER SAVANNAH RIVER DEVELOPMENT AUTHORITY; Composition; powers; operational jurisdiction; projects; fees, tolls ............ HB 1767

UPSON COUNTY; Thomaston-Upson County School Taxes; homestead exemption.............................................................. HB 2104

U.S. GOVERNMENT (See Federal Government or Congress)

USED CARS, DISMANTLERS, SALVAGE Abandoned Vehicles; offense of leaving accessible to children ............... HB 1156 Auctioneers; consumer judgments; exempt certain dealer requirements ....... HB 1637 Automobile Repair Shop Owners, Operators; licensing, study of ............... SR 351

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3838

JOURNAL OF THE SENATE

USED CARS, DISMANTLERS, SALVAGE (Continued) Dealers; license renewal; continuing education ............................. HB 1637 Salvage Vehicles; license plates, titles; increased fees ........................ HB 494 State Board of Registration; powers; duties; registration, licenses, inspections, fee schedules; auction companies ....................................... HB 1914 State Board of Registration; repeal termination .............................. SB 535
UTILITIES (See Public Utilities and Transportation)

VALDOSTA, CITY OF; Board of Education; election; staggered terms; vacancies; officers ....................................................... HB 2107
VAN NORTE, ROBERT O.; commend ..................................... SR 591
VANDIVER ISLAND; change name of Colonel's Island, Glynn County; honoring former Governor S. Ernest Vandiver ............................... SR 248
VARNELL, CITY OF; new charter ....................................... HB 1631
VAUGHN, CLARENCE R., JR.; designate highway for; Rockdale County . . . . HR 914
VENEREAL DISEASES (See AIDS or Health)
VETERANS AFFAIRS (Also See Military Affairs) Desert Storm Monument Commission; creating .............................. SR 250 Driver's License; issuance; qualifying armed forces veterans ................... SB 199 Driver's License; veterans; redefine persons eligible........................... SB 555 Driver's Licenses; changes to qualifications ................................... SB 69 License Plates; disabled veterans; free of charge ............................. SB 568 License Plates; special; Purple Heart recipients; applications .................. HB 15 License Plates; special; retirees of WWI, WWII, Korean and Vietnam Wars, Operation Desert Storm; certain military reservists......................... SB 505 License Plates; special; salute to war veterans ............................... SB 717 Motor Vehicle License Plates; armed forces active duty, retirees. .............. SB 351 Veterans' Employment Preference; civil service; Gulf War duty ............... SB 552 Veterans' Medical Facilities; opposing nonveteran use of...................... SR 444 Veterans of WW II Guadalcanal Campaign; urge Congress to honor ........... SR 505 Veterans Post Headquarters; ad valorem tax exemption; referendum........... SB 280
VETERANS MEMORIAL PARKWAY; designate; U.S. Hwy 441; Jackson County .................. HR 933
VETERINARIANS Animal Kennels, Stables, Shelters, Pet Dealers; license fees ................. HB 1201 Humane Care for Equines Act; impoundment, care, disposition ............. HB 1265 Pet Food; commercial feed; dogs, cats, specialty pets; regulate .............. HB 1200 Rabies Control; inoculation of felines; procedures to identify .................. SB 602 State Board of Veterinary Medicine; repeal termination ...................... SB 535 Veterinary Services; equines subjected to cruelty; costs ....................... SB 771 Veterinary Services; liens; Humane Care for Equines Act ..................... SB 520
VETOES BY GOVERNOR 1991 session; SEE 1991 Special Session Journal 1992 session; supplemental appropriations line-item. ...................... Page 1531
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INDEX

3839

VICK, CONNIE CR1DER; sympathy at passing ............................. SR 618

VICTIMS OF CRIME

Compensation; claimants; awards; state board of ............................. SB 751

Compensation; proceeds; additional penalty assessed DUI cases ............... SB 524

Impact Statement; certain juvenile offenses; court consider ................... SB 644

Notification; release of their assailant and parole consideration

SB 788

Parolees; orders to shorten period, notice to victim; restitution .............. HB 1607

Presence in Court Exercising Jurisdiction Over Such Offense.................. SB 671

Restitution Payments; unclaimed funds; disposition to counties and Georgia

Crime Victims Emergency Fund ........................................ HB 1721

School Students; identifying data; duties of criminal agencies

HB 1296

Victims; staff to assist; employment by district attorneys ................... HB 1450

VIDEO RECORDINGS, MOVIES, VCRS; State Tax on Consumer Rental

of Motion Pictures, Video Recording, Cassettes for Children's Trust Fund

SR 230

VILLINES, COLONEL AUBREY T.; honoring ............................. SR 603

VITAL RECORDS

Birth Certificates; adoptees; registration; new certificates ..................... SB 601

Birth Certificates; evidence in paternity proceedings; records ................ HB 1277

Birth Certificates; parent's social security number required ................. HB 1401

Birth Certificates; paternity; written statement of parents

SB 565

Death Certificates; filing; disposition permits; time period .................. HB 1534

Death Certificates; hospice patients; signature of nurses

SB 693

VOTER REGISTRATION; Applicants; release of criminal history records . . . . HB 207

w

WAGES Income Tax; taxable nonresident; professional athletes, entertainer .......... HB 1377 Workers' Compensation Benefits; extensive revision ........................ HB 1679 Workers' Compensation Laws; extensive revision ............................. SB 629

WALESKA, CITY OF; new charter....................................... HB 2103

WALKER COUNTY

Assistant District Attorney; applicable population provisions ................ HB 1157

Designate; James L. Clarkson Memorial Highway, State Highway 337

SR 410

District Attorney; payment of employees, expenses; budget ................. HB 1084

Magistrate Court; additional law library fees .............................. HB 2168

Office of Tax Commissioner; compensation of personnel .................... HB 1773

Probate Court; judge; salaries of his personnel............................. HB 1770

Superior Court; additional judgeship; Lookout Mountain Circuit ............. HB 354

Superior Court; judges; supplemental expense allowance .................... HB 1158

Superior Court; Office of the Clerk; compensation of personnel.............. HB 1771

WALKER, HONORABLE BRENT; commend

SR 581

WALKER, SENATOR EUGENE P.; commend ............................. SR 609

WALTER F. GEORGE TRIBUTE COMMISSION; creation; site selection HR 881

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3840

JOURNAL OF THE SENATE

WALTON COUNTY Board of Commissioners; election districts; reapportion ..................... HB 1803 Board of Commissioners; meeting date; repeal 1970 Census figures .......... HB 2047 Board of Education; election districts; reapportion; nonpartisan elections; referendum........................................................... HB 2074 County Funds; deposits and audits; repeal 1970 Census figures .............. HB 2048

WAREHOUSE ACT

Self-service Storage Facility; late rent or nonpayment; access

SB 648

Warehouseman; grains, feeds; annual license fees .......................... HB 1723

Warehouseman; license, inspection fees; receipts as collateral................ HB 1225

WARNER ROBINS, CITY OF; corporate limits; include certain property HB 2159

WASTE MANAGEMENT (Also See Hazardous Materials or Landfills

or Natural Resources)

Biomedical Waste Disposal Facilities; permits; limits on issuing

HB 1169

Biomedical Waste Thermal Treatment Facilities; permit limitations

SB 268

Closure of Abandoned Solid Waste Facility; financial mechanisms

HB 1386

Contracts for Water, Sewer Facilities; retainage accounts

SB 631

County, Municipal Ordinances; violations; service of process

HB 1116

County Water, Sewer Projects; acceptable materials; prohibit refusal

HB 1255

County Water, Sewer Projects; materials not purchased county

SB 119

Disposal Facilities on CERCLIS Site List; permit prohibitions

SB 242

Environmental Education, Recycling Programs for Public Schools

HB 1412

Hazardous Materials; disposal, incinerators; site criteria

SB 745

Landfills; disposal restrictions; household hazardous waste, recyclable

wastepaper, yard trash, bottles, cans ...................................... SB 240

Metals Recyclers; nonferrous metals; business transactions .................. HB 1756

Municipal Solid Waste Landfills; proximity ground-water recharge area

SB 185

Municipal Solid Waste Landfills; specified distance certain rivers

SB 215

Recycled Products; government purchasing policies; study of.................. SR 530

Scrap Tire Management Program; implement; tax sales of new tires

HB 1385

Sewage Management; regulation of self-contained, on-site treatment plants

serving one residence; approval for use

HB 1609

Solid Waste Disposal Facilities; surcharge fees ............................. HB 1394

Solid Waste Disposal; new landfill sites; Fulton County restrictions

SB 270

Solid Waste; loans; powers of Environmental Facilities Authority

HB 1391

Solid Waste Recycling, Facilities; loans; intergovernment contracts

HR 732

Solid Waste Redefined; handling of special waste; permits; siting of landfills;

prohibited actions; recycling; local management........................... HB 1386

Solid Waste; toxic heavy metals packaging; regulation

HB 124

Solid Waste Trust Fund; grants, loans; abatement of illegal dumping,

recycling, waste reduction, market development

HB 1385

Solid Waste Trust Fund; proceeds; defined uses; tax sales of new tires

HB 1385

Toxics Use Reduction and Pollution Prevention Assistance Act

SB 645

Trash, Garbage; publicly provided containers; interference

HB 1181

Wastewater; industrial treatment plants; certified operators

HB 1846

Water and Wastewater Treatment Plant Operators, Laboratory Analysts,

State Board for Certification; repeal termination ........................... SB 535

Water Pollution Control Plants; waste discharge limitation; phosphorus into

Chattahoochee River .................................................... SB 381

Water Treatment Facilities; sludge, residual material disposal

SB 752

WATERS, PORTS AND WATERCRAFT Alcohol, Drug Use While Operating Watercraft; prohibitions

SB 474

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INDEX

3841

WATERS, PORTS AND WATERCRAFT (Continued)

Boats; ad valorem taxes; location; 184 days or more requirement ...

HB 1263

Boats; marine toilets; restrictions; applicable certain lakes .................... SB 618

Boats Safety Act; registration; hazardous areas; safety zones; flotation devices;

boating under influence blood alcohol content ............................ HB 707

Clean Water Act; active CERCLIS disposal sites prohibited................... SB 242

Coastal Marshlands, Shorelines, Water Bottoms; regulate activities .......... HB 1389

Cruise Vessels; authorize gambling; amend Constitution

SR 17

Dam Construction; surface mining activities; impoundment; permits ........... SB 523

Dam Safety Violations; final orders file superior court of county

SB 522

Fishing; fee increases, changes ........................................... HB 1392

Pishing; public areas, certain streams, reservoirs; requirements

HB 1324

Gambling on Cruise Vessels; Georgia Building Authority operate

SB 2

Georgia Ports Authority; additional members; terms; quorum

SB 679

Ground-water Recharge Areas; municipal landfills; sites; permits .............. SB 185

Ground-water Use and Quality; create advisory council to study

SB 618

K.T. Kennedy Reef; designate; offshore fishing site end of Sapelo Island

Channel. .............................................................. HR 500

Lakes; property acquired for development by local governments

HB 1667

Navigable Streams, Rivers; boats; Right of Passage Act

HB 1390

Passenger Vessels; licensed sales of alcoholic beverages

SB 265

River Basin Management Plans; develop; contents; permits; funds ............. SB 637

Rivers From Which Drinking Water Drawn; prohibit landfill within Vi mile SB 215

Salt-water Finfish Species; possession, landing specifications

HB 1660

Sapelo Island Channel; designate K.T. Kennedy Fishing Reef

HR 500

Shore Protection Act; dunes, beaches, sandbars, marine craft; regulate

activities and alterations................................................. SB 725

Tidewaters; unlawful structures; Protection of Tidewaters Act............... HB 1390

Trout Waters Without Seasons; streams; additions and deletions .............. SB 672

Upper Savannah River Development Authority; powers; jurisdiction ......... HB 1767

Wastewater; industrial treatment plants; certified operators ................. HB 1846

Water Derived From Underground Formations; spring water ................ HB 1497

Water Irrigation of Vegetation; contractor licensing, regulation

HB 559

Water Pollutants; phosphorus discharge limitation; Chattahoochee River

SB 381

Water Pollution Control; active CERCLIS disposal sites prohibited ............ SB 242

Water Pollution; corrective action; Hazardous Site Response Act ............ HB 1394

Water Quality; urge establish environmental quality council to review

HR 101

Water; residential service; unpaid charges; responsibile party................... SB 10

Water Resources; establishment of a Clean Water Trust Fund ................ SR 497

Water Supply, Periods of Drought; study certain river check dams ............ SR 496

Water Supply Watersheds; siting of hazardous waste facilities................. SB 745

Water Systems; pollutants; permits to operate; economic impact .............. SB 641

Water Treatment Facilities; sludge, residual material disposal................. SB 752

Watercraft and Certain Vessels; requirements for operation ................... SB 474

WAYCROSS, CITY OF; Police Court; first offender marijuana possession; dismissal of charges; city ordinance ....................................... HB 2017

WAYNE COUNTY; Superior Court; Brunswick Circuit; fifth judgeship

SB 314

WEAPONS (See Firearms or Courts)

WELFARE (See Social Services or Human Resources or Medical Assistance)

WELFARE REFORM STUDY COMMITTEE; review of current programs SR 528

WELLBORN, SAM M.; elected to State Transportation Board. ............. Page 177

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3842

JOURNAL OF THE SENATE

WEST, JONATHAN; commend ............................................ SR 498

WEST POINT, CITY OF; peace officers; citizen of an adjoining state.......... SB 750

WESTOVER HIGH SCHOOL BASKETBALL TEAM; Albany, introduced............................................................. Page 2032

WETLANDS Wetlands Conservation Study Committee; continuation ...................... HR 789 Wetlands Mitigation; acquisition of property for public roads ................ HB 674

WHEELER COUNTY HIGH SCHOOL HISTORY DAY TEAM; honoring SR 440

WHITE COUNTY Enotah Judicial Circuit; creation; composition of circuit .................... HB 1288 Property Conveyance; state-owned property; sell to adjoining property owners; repeal 1989 Act......................................................... SR 375

WHITE, SENATOR DON Excused; business ....................................................... Page 474 Excused; business ....................................................... Page 558

WHITFIELD COUNTY

Ad Valorem; homestead exemption; filing; update Census figures ............ HB 1885

Ad Valorem; presentation of tax returns by tax officials .................... HB 1883

Ad Valorem Tax; mobile homes; time for obtaining location permits ......... HB 1880

Ad Valorem Taxes; unpaid tax; interest; 1990 population bracket

HB 1878

Alcoholic Beverages; sales on Sundays; update population bracket ........... HB 1882

Designate; Admiral Mack Gaston Parkway ................................. HR 874

Designate; Colonel Tom Parrott Parkway .................................. HR 875

Designate; Genevie Dickey Bridge over Conasauga River..................... HR 652

Designate; Harry Leon Simpson Parkway on State Route 52 ................. HR 978

District Attorney Investigators; arrests; procedures ........................... SB 850

Property Conveyance; easement for historical marker at Tunnel Hill........... SR 378

WHITLEY, JAMES ANDREW; in memory of extraordinary heroism ......... SR 464

WHITTENBURGER, NANCY; commend ........................... SR 442

WILCOX COUNTY Board of Commissioners; election districts; reapportion ..................... HB 1786 Board of Education; election districts; reapportion ......................... HB 1787

WILKINSON COUNTY Ad Valorem; school taxes; homestead exemption; certain residents........... HB 2091 Board of Commissioners; election districts; change composition.............. HB 1168 Board of Education; election districts; change composition .................. HB 1167

WILLIAMS, REVEREND CLARENCE; congratulating ............ SR 604

WILLIAMSON, CITY OF; new charter; incorporation; powers; boundaries . . . HB 1958

WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES

Instruments; incorporation of fiduciary powers by reference ................... SB 670

Living Wills; patient in coma or vegetative state; form; effect

SB 605

Trustees or Executors; fiduciary powers; security investments ............... HB 1821

Trusts Created by Local Boards of Education; donor gifts .................... SB 721

Trusts Created by Local Boards of Education; donor gifts .................. HB 1490

Unclaimed Property; time period; subject custody of state .................. HB 1397

Wills; administrator; beneficiary entitled express choice; trustee ............. HB 1520

Wills; lost or destroyed; presumption of revocability.......................... SB 828

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INDEX

3843

WINE (See Alcoholic Beverages)

WOMEN'S ISSUES Education and Employment; task force to study access, inequities ............. SR 522 Georgia Commission on Women; creation .................................. HB 654 Women's Day at the Capitol; recognize ..................................... SR 396

WOODSTOCK, CITY OF; corporate limits; deannex, exclude certain property ............................................................... HB 1603

WORKERS' COMPENSATION

Advisory Council; provide for appointment and functions

HB 1679

Appeals from Final Awards; judicial review; procedures; penalty

SB 702

Benefits; rehabilitation, medical suppliers; allowable fees.

SB 687

Commission to Study Disposition of Claims, Terminating Board

SB 840

Extensive Revision of Chapter ........................................... HB 1679

Extensive Revision of Laws; employee benefits; employer costs

SB 629

Health Insurance; injured employee benefits; pilot projects.................... SB 723

Injured Workers Not Covered by Insurance; provide a Trust Fund

SR 475

Insurance; assignment of rejected risks; logging service vendors................ SB 701

Insurance; rates; restrict adverse experience modification factors ............ HB 1476

Insurers; rights to proceed against persons other than employer;

subrogation liens; claims settlements; information disclosure .............. HB 1679

Local Government; group self-insurance funds; restrictions.................... SB 723

Medical Benefit Charges; employer failure pay within certain period .......... HB 550

Recovery of Damages in Third Party Proceedings; subrogation rights of

employers; attorney's fees................................................ SB 363

State Board; assessment of penalties, fines; establish trial and appellate

divisions exercising judicial functions; hearings........................... HB 1679

Uninsured Employees; creation of trust fund; amend Constitution

HR 863

WORKING, BILLIE JO; commend

SR 586

WORLD CONGRESS CENTER

Authority; John E. Aderhold, Chairman; commend ........................... SR 535

Authority; powers; sale or dispensing alcoholic beverages

HB 1942

Authority; powers; sale or dispensing of alcoholic beverages ................... SB 773

Contracts or Other Event Agreements Not Transferable ...................... SB 387

Officers, Employees; applicants for employment; criminal records check;

police and security force, powers, jurisdiction .............................. SB 387

Property Conveyance; City of Atlanta; utilize as rights of way

SR 414

WORTH COUNTY Board of Commissioners; election districts; reapportion ..................... HB 2003 Board of Education; election districts; reapportion ......................... HB 2005 Designate; Scooterville Highway; portion Ga. Highway 256 .................. HR 1010 State Court; judge; change salary ......................................... HB 2025

WRECKERS (See Towing, Wrecker Services)

WRENS, CITY OF; city council; election procedure; taking of office; terms HB 1455

WRIGHTSVILLE, CITY OF; property conveyance; easement; access water facility................................................................... SR 407

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3844

JOURNAL OF THE SENATE

YOUTH ART MONTH; recognize .......................................... SR 415

YOUTH DEVELOPMENT CENTERS

Confinement; commission of a designated felony act; drug treatment

HB 87

Development of Program to Reduce Institutional Placement; innovation zones

for home or community based placement.................................. SB 430

Implement Education, Rehabilitation Goals; center improvement plans

SB 429

ZONING (Also See Property)

Counties; powers within areas of inactive municipalities

HB 1408

Counties; review procedures; separate planning commissions

HB 825

Local Government Special Services Districts; subdistricts

SB 836

Mobile Homes and Mobile Home Parks; regulation of........................ SB 228

Rezoning Applicants; campaign contribution disclosure; time limit

SB 527

Zoning Proposal Review Procedures; applicable municipalities

HB 2045

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