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 1918 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 1920 JOURNAL OF THE SENATE 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) 1922 JOURNAL OF THE SENATE 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 1924 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 1926 JOURNAL OF THE SENATE 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". 1928 JOURNAL OF THE SENATE 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 1930 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 1932 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 1934 JOURNAL OF THE SENATE 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 1936 JOURNAL OF THE SENATE 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 1938 JOURNAL OF THE SENATE 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. THURSDAY, MARCH 19, 1992 1939 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 1940 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 THURSDAY, MARCH 19, 1992 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: 1942 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 THURSDAY, MARCH 19, 1992 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. 1944 JOURNAL OF THE SENATE (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". THURSDAY, MARCH 19, 1992 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. THURSDAY, MARCH 19, 1992 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. 1958 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 JOURNAL OF THE SENATE 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. 1966 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. 1968 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 1996 JOURNAL OF THE SENATE (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. 1998 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. 2008 JOURNAL OF THE SENATE (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 FRIDAY, MARCH 20, 1992 2009 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 2010 JOURNAL OF THE SENATE 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 FRIDAY, MARCH 20, 1992 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 2012 JOURNAL OF THE SENATE On the passage of the bill, the yeas were 47, nays 0. The bill, having received the requisite constitutional majority, was passed 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. FRIDAY, MARCH 20, 1992 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 2014 JOURNAL OF THE SENATE 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 FRIDAY, MARCH 20, 1992 2015 (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 2016 JOURNAL OF THE SENATE 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 FRIDAY, MARCH 20, 1992 2017 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 2018 JOURNAL OF THE SENATE 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 FRIDAY, MARCH 20, 1992 2019 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. 2020 JOURNAL OF THE SENATE 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 FRIDAY, MARCH 20, 1992 2021 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 2022 JOURNAL OF THE SENATE (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 FRIDAY, MARCH 20, 1992 2023 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 2024 JOURNAL OF THE SENATE 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 FRIDAY, MARCH 20, 1992 2025 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: 2026 JOURNAL OF THE SENATE Those voting in the affirmative were Senators: Albert Alien Baldwin Bishop Bowen Broun of 46th Brown of 26th Burton Coleman Collins Dawkins Dean Echols 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 FRIDAY, MARCH 20, 1992 2027 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 2028 JOURNAL OF THE SENATE 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 2030 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: 2032 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. 2044 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. MONDAY, MARCH 23, 1992 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 2046 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 MONDAY, MARCH 23, 1992 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. 2048 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. MONDAY, MARCH 23, 1992 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. 2050 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 2052 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. MONDAY, MARCH 23, 1992 2053 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. 2054 JOURNAL OF THE SENATE 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 MONDAY, MARCH 23, 1992 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. 2056 JOURNAL OF THE SENATE 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) MONDAY, MARCH 23, 1992 2057 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 2058 JOURNAL OF THE SENATE 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 MONDAY, MARCH 23, 1992 2059 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. 2060 JOURNAL OF THE SENATE 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 MONDAY, MARCH 23, 1992 2061 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. 2062 JOURNAL OF THE SENATE 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 MONDAY, MARCH 23, 1992 2063 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. 2064 JOURNAL OF THE SENATE 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 MONDAY, MARCH 23, 1992 2065 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 2066 JOURNAL OF THE SENATE 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." MONDAY, MARCH 23, 1992 2067 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 2068 JOURNAL OF THE SENATE 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. MONDAY, MARCH 23, 1992 2069 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. 2070 JOURNAL OF THE SENATE (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 MONDAY, MARCH 23, 1992 2071 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 2072 JOURNAL OF THE SENATE (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. MONDAY, MARCH 23, 1992 2073 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. 2074 JOURNAL OF THE SENATE 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 MONDAY, MARCH 23, 1992 2075 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. 2076 JOURNAL OF THE SENATE 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. MONDAY, MARCH 23, 1992 2077 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. 2078 JOURNAL OF THE SENATE 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 MONDAY, MARCH 23, 1992 2079 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 2080 JOURNAL OF THE SENATE 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 MONDAY, MARCH 23, 1992 2081 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: 2082 JOURNAL OF THE SENATE 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, MONDAY, MARCH 23, 1992 2083 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. 2084 JOURNAL OF THE SENATE 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, MONDAY, MARCH 23, 1992 2085 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 2086 JOURNAL OF THE SENATE (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 MONDAY, MARCH 23, 1992 2087 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) 2088 JOURNAL OF THE SENATE 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. MONDAY, MARCH 23, 1992 2089 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 2090 JOURNAL OF THE SENATE 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 MONDAY, MARCH 23, 1992 2091 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 2092 JOURNAL OF THE SENATE 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- MONDAY, MARCH 23, 1992 2093 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- 2094 JOURNAL OF THE SENATE 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; MONDAY, MARCH 23, 1992 2095 (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." 2096 JOURNAL OF THE SENATE 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 MONDAY, MARCH 23, 1992 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 2098 JOURNAL OF THE SENATE this chapter and shall not be eligible for a limited driving permit as provided in Code Sec tion 40-5-64. For purposes of this subsection, an accepted plea of nolo contendere to homi cide by vehicle in the first degree or serious injury by vehicle shall constitute a conviction." Section 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." MONDAY, MARCH 23, 1992 2099 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 2100 JOURNAL OF THE SENATE 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. MONDAY, MARCH 23, 1992 2101 (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, 2102 JOURNAL OF THE SENATE 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 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 2104 JOURNAL OF THE SENATE 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 2106 JOURNAL OF THE SENATE 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: 2108 JOURNAL OF THE SENATE 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. 2110 JOURNAL OF THE SENATE 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 2112 JOURNAL OF THE SENATE 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 MONDAY, MARCH 23, 1992 2113 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 2114 JOURNAL OF THE SENATE 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 MONDAY, MARCH 23, 1992 2115 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." 2116 JOURNAL OF THE SENATE 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 MONDAY, MARCH 23, 1992 2117 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. 2118 JOURNAL OF THE SENATE 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 MONDAY, MARCH 23, 1992 2119 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 2120 JOURNAL OF THE SENATE 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 MONDAY, MARCH 23, 1992 2121 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 2122 JOURNAL OF THE SENATE (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 MONDAY, MARCH 23, 1992 2123 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 2124 JOURNAL OF THE SENATE (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 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. TUESDAY, MARCH 24, 1992 2287 (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 2288 JOURNAL OF THE SENATE 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. TUESDAY, MARCH 24, 1992 2289 (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 2290 JOURNAL OF THE SENATE 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 TUESDAY, MARCH 24, 1992 2291 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 2292 JOURNAL OF THE SENATE 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 TUESDAY, MARCH 24, 1992 2293 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 2294 JOURNAL OF THE SENATE 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 TUESDAY, MARCH 24, 1992 2295 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 2296 JOURNAL OF THE SENATE 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 2298 JOURNAL OF THE SENATE 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 2300 JOURNAL OF THE SENATE 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 2302 JOURNAL OF THE SENATE 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; 2304 JOURNAL OF THE SENATE 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 2306 JOURNAL OF THE SENATE 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 2308 JOURNAL OF THE SENATE 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; 2310 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 2312 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. 2318 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, 2320 JOURNAL OF THE SENATE 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 TUESDAY, MARCH 24, 1992 2321 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 2322 JOURNAL OF THE SENATE 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 TUESDAY, MARCH 24, 1992 2323 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. 2324 JOURNAL OF THE SENATE On the adoption of the substitute, the yeas were 38, nays 0, and the substitute was adopted. The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: 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 TUESDAY, MARCH 24, 1992 2325 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 2326 JOURNAL OF THE SENATE 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 TUESDAY, MARCH 24, 1992 2327 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 2328 JOURNAL OF THE SENATE 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, TUESDAY, MARCH 24, 1992 2329 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. 2330 JOURNAL OF THE SENATE 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 TUESDAY, MARCH 24, 1992 2331 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 2332 JOURNAL OF THE SENATE 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. TUESDAY, MARCH 24, 1992 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 2334 JOURNAL OF THE SENATE 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 TUESDAY, MARCH 24, 1992 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. 2336 JOURNAL OF THE SENATE The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Baldwin 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 TUESDAY, MARCH 24, 1992 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 2338 JOURNAL OF THE SENATE 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. 2340 JOURNAL OF THE SENATE The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Baldwin Bishop Bowen Broun of 46th Brown of 26th Burton Clay Coleman 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 TUESDAY, MARCH 24, 1992 2341 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. 2342 JOURNAL OF THE SENATE 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 TUESDAY, MARCH 24, 1992 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 2344 JOURNAL OF THE SENATE 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; TUESDAY, MARCH 24, 1992 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 2346 JOURNAL OF THE SENATE 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 25ean 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. 2392 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 TUESDAY, MARCH 24, 1992 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. 2396 JOURNAL OF THE SENATE 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 2398 JOURNAL OF THE SENATE 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 2400 JOURNAL OF THE SENATE 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 TUESDAY, MARCH 24, 1992 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 2402 JOURNAL OF THE SENATE 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. 2404 JOURNAL OF THE SENATE 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 TUESDAY, MARCH 24, 1992 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 2406 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 2408 JOURNAL OF THE SENATE 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. 2410 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. 2412 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. 2418 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 2424 JOURNAL OF THE SENATE 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 2426 JOURNAL OF THE SENATE 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, 2428 JOURNAL OF THE SENATE 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 2430 JOURNAL OF THE SENATE 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. 2432 JOURNAL OF THE SENATE 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 TUESDAY, MARCH 24, 1992 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' 2434 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 2436 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 2438 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 2440 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 2442 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. 2444 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: 2448 JOURNAL OF THE SENATE 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. 2450 JOURNAL OF THE SENATE On the adoption of the resolution, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert 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. 2452 JOURNAL OF THE SENATE 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 2454 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 2456 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 2458 JOURNAL OF THE SENATE 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) 2460 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, 2472 JOURNAL OF THE SENATE 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 2474 JOURNAL OF THE SENATE 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 2478 JOURNAL OF THE SENATE 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 2510 JOURNAL OF THE SENATE 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." 2512 JOURNAL OF THE SENATE Section 2. This Act shall become effective upon its approval by the governor or upon its becoming law without such approval. Section 3. All laws and parts of laws in conflict with this Act are repealed. 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 2514 JOURNAL OF THE SENATE 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 2516 JOURNAL OF THE SENATE 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. 2518 JOURNAL OF THE SENATE 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 7646 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) 2660 JOURNAL OF THE SENATE 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.' " 2662 JOURNAL OF THE SENATE 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. 2664 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. 2666 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. 2668 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 2672 JOURNAL OF THE SENATE 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: 2674 JOURNAL OF THE SENATE 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 2676 JOURNAL OF THE SENATE 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. 2678 JOURNAL OF THE SENATE 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 2680 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. 2682 JOURNAL OF THE SENATE *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) WEDNESDAY, MARCH 25, 1992 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 2684 JOURNAL OF THE SENATE $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 WEDNESDAY, MARCH 25, 1992 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 2686 JOURNAL OF THE SENATE 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. 2688 JOURNAL OF THE SENATE 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. 2690 JOURNAL OF THE SENATE 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 2692 JOURNAL OF THE SENATE 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 2694 JOURNAL OF THE SENATE 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. WEDNESDAY, MARCH 25, 1992 2695 *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 2696 JOURNAL OF THE SENATE 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 WEDNESDAY, MARCH 25, 1992 2697 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 2698 JOURNAL OF THE SENATE 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. WEDNESDAY, MARCH 25, 1992 2699 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 2700 JOURNAL OF THE SENATE 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 WEDNESDAY, MARCH 25, 1992 2701 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 2702 JOURNAL OF THE SENATE 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, WEDNESDAY, MARCH 25, 1992 2703 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. 2704 JOURNAL OF THE SENATE 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 2706 JOURNAL OF THE SENATE 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 WEDNESDAY, MARCH 25, 1992 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 2708 JOURNAL OF THE SENATE 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 WEDNESDAY, MARCH 25, 1992 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 2710 JOURNAL OF THE SENATE 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) 2712 JOURNAL OF THE SENATE 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 2714 JOURNAL OF THE SENATE (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 WEDNESDAY, MARCH 25, 1992 2715 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 2716 JOURNAL OF THE SENATE 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 WEDNESDAY, MARCH 25, 1992 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. 2718 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 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, WEDNESDAY, MARCH 25, 1992 2719 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 2720 JOURNAL OF THE SENATE 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 WEDNESDAY, MARCH 25, 1992 2721 (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; 2722 JOURNAL OF THE SENATE (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 WEDNESDAY, MARCH 25, 1992 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; 2724 JOURNAL OF THE SENATE (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. 2738 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. 2746 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 2750 JOURNAL OF THE SENATE 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. 2752 JOURNAL OF THE SENATE (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. 2754 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. 2756 JOURNAL OF THE SENATE 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 2758 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 2760 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 2762 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 2764 JOURNAL OF THE SENATE 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 2766 JOURNAL OF THE SENATE 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 2768 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 2770 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 2774 JOURNAL OF THE SENATE 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; 2776 JOURNAL OF THE SENATE 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 WEDNESDAY, MARCH 25, 1992 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: 2778 JOURNAL OF THE SENATE 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. 2780 JOURNAL OF THE SENATE (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 2781 (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 2782 JOURNAL OF THE SENATE 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 WEDNESDAY, MARCH 25, 1992 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. 2784 JOURNAL OF THE SENATE 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 WEDNESDAY, MARCH 25, 1992 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 2786 JOURNAL OF THE SENATE 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. 2788 JOURNAL OF THE SENATE 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 2790 JOURNAL OF THE SENATE 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, 2792 JOURNAL OF THE SENATE 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; 2794 JOURNAL OF THE SENATE (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 2796 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. 2798 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" 2800 JOURNAL OF THE SENATE 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 2802 JOURNAL OF THE SENATE 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 2804 JOURNAL OF THE SENATE 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 2806 JOURNAL OF THE SENATE 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 2808 JOURNAL OF THE SENATE 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". 2810 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 2812 JOURNAL OF THE SENATE 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. 2814 JOURNAL OF THE SENATE (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, 2816 JOURNAL OF THE SENATE 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.'" 2818 JOURNAL OF THE SENATE 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 2820 JOURNAL OF THE SENATE 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 2322 JOURNAL OF THE SENATE 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. 2824 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. 2826 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. 2828 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. 2830 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. 2832 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 2834 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: 2836 JOURNAL OF THE SENATE 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 2838 JOURNAL OF THE SENATE 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 2840 JOURNAL OF THE SENATE 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 2842 JOURNAL OF THE SENATE 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. 2844 JOURNAL OF THE SENATE 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. 2846 JOURNAL OF THE SENATE (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; WEDNESDAY, MARCH 25, 1992 2847 (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 2848 JOURNAL OF THE SENATE 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?; WEDNESDAY, MARCH 25, 1992 2849 (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 2850 JOURNAL OF THE SENATE 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 WEDNESDAY, MARCH 25, 1992 2851 (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 2852 JOURNAL OF THE SENATE 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. WEDNESDAY, MARCH 25, 1992 2853 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 2854 JOURNAL OF THE SENATE 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 WEDNESDAY, MARCH 25, 1992 2855 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. 2856 JOURNAL OF THE SENATE 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 WEDNESDAY, MARCH 25, 1992 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. 2858 JOURNAL OF THE SENATE 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 WEDNESDAY, MARCH 25, 1992 2859 (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. 2860 JOURNAL OF THE SENATE 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 WEDNESDAY, MARCH 25, 1992 2861 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 2862 JOURNAL OF THE SENATE 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 WEDNESDAY, MARCH 25, 1992 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 2864 JOURNAL OF THE SENATE 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 WEDNESDAY, MARCH 25, 1992 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, 2866 JOURNAL OF THE SENATE 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. WEDNESDAY, MARCH 25, 1992 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. 2868 JOURNAL OF THE SENATE 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: WEDNESDAY, MARCH 25, 1992 2869 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. 2870 JOURNAL OF THE SENATE 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. MONDAY, MARCH 30, 1992 2871 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 2872 JOURNAL OF THE SENATE 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 MONDAY, MARCH 30, 1992 2873 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 2874 JOURNAL OF THE SENATE 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. MONDAY, MARCH 30, 1992 2875 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 2876 JOURNAL OF THE SENATE 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. MONDAY, MARCH 30, 1992 2877 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 2878 JOURNAL OF THE SENATE 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 MONDAY, MARCH 30, 1992 2879 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. 2880 JOURNAL OF THE SENATE 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 MONDAY, MARCH 30, 1992 2881 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 2882 JOURNAL OF THE SENATE 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: MONDAY, MARCH 30, 1992 2883 *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 2884 JOURNAL OF THE SENATE 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 MONDAY, MARCH 30, 1992 2885 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, 2886 JOURNAL OF THE SENATE 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 MONDAY, MARCH 30, 1992 2887 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 MONDAY, MARCH 30, 1992 2889 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) MONDAY, MARCH 30, 1992 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 2892 JOURNAL OF THE SENATE 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 MONDAY, MARCH 30, 1992 2893 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. 2894 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 MONDAY, MARCH 30, 1992 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. 2896 JOURNAL OF THE SENATE *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". MONDAY, MARCH 30, 1992 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 2898 JOURNAL OF THE SENATE 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. MONDAY, MARCH 30, 1992 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 2900 JOURNAL OF THE SENATE 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) 2902 JOURNAL OF THE SENATE 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 SrTHE 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: 2916 JOURNAL OF THE SENATE 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. MONDAY, MARCH 30, 1992 2917 On the passage of the bill, 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 2918 JOURNAL OF THE SENATE 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; MONDAY, MARCH 30, 1992 2919 (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. 2920 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 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 MONDAY, MARCH 30, 1992 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: 2922 JOURNAL OF THE SENATE 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: MONDAY, MARCH 30, 1992 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 2924 JOURNAL OF THE SENATE 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 MONDAY, MARCH 30, 1992 2925 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 2926 JOURNAL OF THE SENATE 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, MONDAY, MARCH 30, 1992 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. 2928 JOURNAL OF THE SENATE 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 2929 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 2930 JOURNAL OF THE SENATE 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. MONDAY, MARCH 30, 1992 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. 2932 JOURNAL OF THE SENATE (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 MONDAY, MARCH 30, 1992 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 2934 JOURNAL OF THE SENATE 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 MONDAY, MARCH 30, 1992 2935 (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. 2936 JOURNAL OF THE SENATE (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; MONDAY, MARCH 30, 1992 2937 (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 2938 JOURNAL OF THE SENATE 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. MONDAY, MARCH 30, 1992 2939 (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. 2940 JOURNAL OF THE SENATE 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 MONDAY, MARCH 30, 1992 2941 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; 2942 JOURNAL OF THE SENATE (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 MONDAY, MARCH 30, 1992 2943 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. 2944 JOURNAL OF THE SENATE (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. MONDAY, MARCH 30, 1992 2945 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. 2946 JOURNAL OF THE SENATE 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, MONDAY, MARCH 30, 1992 2947 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 2948 JOURNAL OF THE SENATE 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." MONDAY, MARCH 30, 1992 2949 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. 2950 JOURNAL OF THE SENATE 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. MONDAY, MARCH 30, 1992 2951 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 2952 JOURNAL OF THE SENATE 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 2954 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". 2956 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; 2958 JOURNAL OF THE SENATE (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. 2962 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, 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 2964 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 2966 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 2968 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." 2970 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. 2972 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, 2978 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 2980 JOURNAL OF THE SENATE 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, MONDAY, MARCH 30, 1992 2981 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 2982 JOURNAL OF THE SENATE 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 MONDAY, MARCH 30, 1992 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; 2984 JOURNAL OF THE SENATE (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 MONDAY, MARCH 30, 1992 2985 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 2986 JOURNAL OF THE SENATE 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. MONDAY, MARCH 30, 1992 2987 (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 2988 JOURNAL OF THE SENATE 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 MONDAY, MARCH 30, 1992 2989 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 2990 JOURNAL OF THE SENATE 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. MONDAY, MARCH 30, 1992 2991 (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. 2992 JOURNAL OF THE SENATE 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 MONDAY, MARCH 30, 1992 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 2994 JOURNAL OF THE SENATE 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. MONDAY, MARCH 30, 1992 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 2996 JOURNAL OF THE SENATE 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 MONDAY, MARCH 30, 1992 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. 2998 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 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 3000 JOURNAL OF THE SENATE 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 3002 JOURNAL OF THE SENATE 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 3004 JOURNAL OF THE SENATE 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;". 3006 JOURNAL OF THE SENATE 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 3008 JOURNAL OF THE SENATE 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 MONDAY, MARCH 30, 1992 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 3010 JOURNAL OF THE SENATE 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 3012 JOURNAL OF THE SENATE 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 MONDAY, MARCH 30, 1992 3013 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) 3014 JOURNAL OF THE SENATE On the passage of the bill, the yeas were 44, nays 0. The bill, having received the requisite constitutional majority, was passed. The following 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, MONDAY, MARCH 30, 1992 3015 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 3016 JOURNAL OF THE SENATE (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) MONDAY, MARCH 30, 1992 3017 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; 3018 JOURNAL OF THE SENATE (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: MONDAY, MARCH 30, 1992 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 3020 JOURNAL OF THE SENATE 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,". MONDAY, MARCH 30, 1992 3021 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 3022 JOURNAL OF THE SENATE 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 MONDAY, MARCH 30, 1992 3023 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; 3024 JOURNAL OF THE SENATE (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 MONDAY, MARCH 30, 1992 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. 3026 JOURNAL OF THE SENATE (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 MONDAY, MARCH 30, 1992 3027 (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 3028 JOURNAL OF THE SENATE 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. MONDAY, MARCH 30, 1992 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; 3030 JOURNAL OF THE SENATE (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. 3032 JOURNAL OF THE SENATE 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: 3034 JOURNAL OF THE SENATE 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 3036 JOURNAL OF THE SENATE 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 MONDAY, MARCH 30, 1992 3037 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 3038 JOURNAL OF THE SENATE 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 MONDAY, MARCH 30, 1992 3039 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. 3040 JOURNAL OF THE SENATE 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 MONDAY, MARCH 30, 1992 3041 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. 3042 JOURNAL OF THE SENATE (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. MONDAY, MARCH 30, 1992 3043 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. 3044 JOURNAL OF THE SENATE (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 MONDAY, MARCH 30, 1992 3045 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- 3046 JOURNAL OF THE SENATE 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 MONDAY, MARCH 30, 1992 3047 (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 3048 JOURNAL OF THE SENATE 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 MONDAY, MARCH 30, 1992 3049 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 3050 JOURNAL OF THE SENATE 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 MONDAY, MARCH 30, 1992 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 3052 JOURNAL OF THE SENATE 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 MONDAY, MARCH 30, 1992 3053 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 3054 JOURNAL OF THE SENATE 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. MONDAY, MARCH 30, 1992 3055 (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; 3056 JOURNAL OF THE SENATE (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 3058 JOURNAL OF THE SENATE 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 3060 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 3062 JOURNAL OF THE SENATE 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) 3064 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 3066 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 3068 JOURNAL OF THE SENATE 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 MONDAY, MARCH 30, 1992 3069 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 3070 JOURNAL OF THE SENATE 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, MONDAY, MARCH 30, 1992 3071 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 3072 JOURNAL OF THE SENATE 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 MONDAY, MARCH 30, 1992 3073 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 3074 JOURNAL OF THE SENATE (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 MONDAY, MARCH 30, 1992 3075 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 3076 JOURNAL OF THE SENATE 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. MONDAY, MARCH 30, 1992 3077 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 3078 JOURNAL OF THE SENATE 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 MONDAY, MARCH 30, 1992 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 3080 JOURNAL OF THE SENATE 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 MONDAY, MARCH 30, 1992 3081 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 3082 JOURNAL OF THE SENATE 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 MONDAY, MARCH 30, 1992 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. 3084 JOURNAL OF THE SENATE 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 MONDAY, MARCH 30, 1992 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 3086 JOURNAL OF THE SENATE 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 MONDAY, MARCH 30, 1992 3087 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. 3088 JOURNAL OF THE SENATE On the motion, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Baldwin 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 MONDAY, MARCH 30, 1992 3089 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 3090 JOURNAL OF THE SENATE 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. MONDAY, MARCH 30, 1992 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. 3092 JOURNAL OF THE SENATE (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." MONDAY, MARCH 30, 1992 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, 3094 JOURNAL OF THE SENATE 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 3096 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." 3098 JOURNAL OF THE SENATE 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) 3100 JOURNAL OF THE SENATE On the passage of the bill, the yeas were 44, nays 0. The bill, having received the requisite constitutional majority, was passed. The following 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. MONDAY, MARCH 30, 1992 3101 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 3102 JOURNAL OF THE SENATE 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. MONDAY, MARCH 30, 1992 3103 (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, 3104 JOURNAL OF THE SENATE 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 MONDAY, MARCH 30, 1992 3105 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. 3106 JOURNAL OF THE SENATE (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 MONDAY, MARCH 30, 1992 3107 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; 3108 JOURNAL OF THE SENATE (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 MONDAY, MARCH 30, 1992 3109 (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; 3110 JOURNAL OF THE SENATE (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 MONDAY, MARCH 30, 1992 3111 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; 3112 JOURNAL OF THE SENATE (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 MONDAY, MARCH 30, 1992 3113 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. 3114 JOURNAL OF THE SENATE (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: MONDAY, MARCH 30, 1992 3115 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 3116 JOURNAL OF THE SENATE 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 MONDAY, MARCH 30, 1992 3117 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. 3118 JOURNAL OF THE SENATE The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has agreed to the Senate amendment, as amended by the House, to the following 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: MONDAY, MARCH 30, 1992 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 3120 JOURNAL OF THE SENATE 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. 3122 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 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 MONDAY, MARCH 30, 1992 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. 3124 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 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. MONDAY, MARCH 30, 1992 3125 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 3126 JOURNAL OF THE SENATE 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 MONDAY, MARCH 30, 1992 3127 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 3128 JOURNAL OF THE SENATE 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 MONDAY, MARCH 30, 1992 3129 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. 3130 JOURNAL OF THE SENATE (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 MONDAY, MARCH 30, 1992 3131 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 3132 JOURNAL OF THE SENATE 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 MONDAY, MARCH 30, 1992 3133 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. 3134 JOURNAL OF THE SENATE (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 MONDAY, MARCH 30, 1992 3135 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." 3136 JOURNAL OF THE SENATE 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". MONDAY, MARCH 30, 1992 3137 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: 3138 JOURNAL OF THE SENATE 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: MONDAY, MARCH 30, 1992 3139 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 3140 JOURNAL OF THE SENATE 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." MONDAY, MARCH 30, 1992 3141 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. 3142 JOURNAL OF THE SENATE On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Baldwin 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 MONDAY, MARCH 30, 1992 3143 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: 3144 JOURNAL OF THE SENATE 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 MONDAY, MARCH 30, 1992 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 3146 JOURNAL OF THE SENATE 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. MONDAY, MARCH 30, 1992 3147 (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. 3148 JOURNAL OF THE SENATE (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; MONDAY, MARCH 30, 1992 3149 (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. 3150 JOURNAL OF THE SENATE 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 MONDAY, MARCH 30, 1992 3151 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 3152 JOURNAL OF THE SENATE 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 MONDAY, MARCH 30, 1992 3153 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: 3154 JOURNAL OF THE SENATE 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: MONDAY, MARCH 30, 1992 3155 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. 3156 JOURNAL OF THE SENATE The report of the committee, which was favorable to the passage of the bill, was agreed to as amended. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: 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 MONDAY, MARCH 30, 1992 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 3158 JOURNAL OF THE SENATE 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 MONDAY, MARCH 30, 1992 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 3160 JOURNAL OF THE SENATE 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." MONDAY, MARCH 30, 1992 3161 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' 3162 JOURNAL OF THE SENATE 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;". 3164 JOURNAL OF THE SENATE 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;' ". 3166 JOURNAL OF THE SENATE 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 3168 JOURNAL OF THE SENATE 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. MONDAY, MARCH 30, 1992 3169 (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 3170 JOURNAL OF THE SENATE 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 MONDAY, MARCH 30, 1992 3171 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." 3172 JOURNAL OF THE SENATE 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 MONDAY, MARCH 30, 1992 3173 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 3174 JOURNAL OF THE SENATE 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) MONDAY, MARCH 30, 1992 3175 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. 3176 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 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: MONDAY, MARCH 30, 1992 3177 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: 3178 JOURNAL OF THE SENATE 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 3180 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 3182 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. 3184 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. 3186 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. 3194 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. TUESDAY, MARCH 31, 1992 3195 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. 3196 JOURNAL OF THE SENATE 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. TUESDAY, MARCH 31, 1992 3197 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 3198 JOURNAL OF THE SENATE 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. TUESDAY, MARCH 31, 1992 3199 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 3200 JOURNAL OF THE SENATE 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 TUESDAY, MARCH 31, 1992 3201 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. 3202 JOURNAL OF THE SENATE 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. TUESDAY, MARCH 31, 1992 3203 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. 3204 JOURNAL OF THE SENATE 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. TUESDAY, MARCH 31, 1992 3205 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 3206 JOURNAL OF THE SENATE 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. TUESDAY, MARCH 31, 1992 3207 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 3208 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. TUESDAY, MARCH 31, 1992 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) 3210 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) TUESDAY, MARCH 31, 1992 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 3212 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, TUESDAY, MARCH 31, 1992 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. 3214 JOURNAL OF THE SENATE 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 TUESDAY, MARCH 31, 1992 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: 3216 JOURNAL OF THE SENATE 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) TUESDAY, MARCH 31, 1992 3217 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 3218 JOURNAL OF THE SENATE 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 TUESDAY, MARCH 31, 1992 3219 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 3220 JOURNAL OF THE SENATE 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 TUESDAY, MARCH 31, 1992 3221 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 3222 JOURNAL OF THE SENATE 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 TUESDAY, MARCH 31, 1992 3223 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 3224 JOURNAL OF THE SENATE 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 TUESDAY, MARCH 31, 1992 3225 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) 3226 JOURNAL OF THE SENATE 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) TUESDAY, MARCH 31, 1992 3227 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) 3228 JOURNAL OF THE SENATE 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) TUESDAY, MARCH 31, 1992 3229 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. 3230 JOURNAL OF THE SENATE 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. TUESDAY, MARCH 31, 1992 3231 *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 3232 JOURNAL OF THE SENATE 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. TUESDAY, MARCH 31, 1992 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 3234 JOURNAL OF THE SENATE 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. TUESDAY, MARCH 31, 1992 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 3236 JOURNAL OF THE SENATE 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,". TUESDAY, MARCH 31, 1992 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, 3238 JOURNAL OF THE SENATE 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: TUESDAY, MARCH 31, 1992 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 3240 JOURNAL OF THE SENATE 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. 3242 JOURNAL OF THE SENATE 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. 3244 JOURNAL OF 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 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) TUESDAY, MARCH 31, 1992 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. 3246 JOURNAL OF THE SENATE 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 TUESDAY, MARCH 31, 1992 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 3248 JOURNAL OF THE SENATE 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 3250 JOURNAL OF THE SENATE 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 3252 JOURNAL OF THE SENATE 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. 3292 JOURNAL OF THE SENATE (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. TUESDAY, MARCH 31, 1992 3293 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. 3294 JOURNAL OF THE SENATE 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 TUESDAY, MARCH 31, 1992 3295 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 3296 JOURNAL OF THE SENATE 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 TUESDAY, MARCH 31, 1992 3297 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 3298 JOURNAL OF THE SENATE 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. TUESDAY, MARCH 31, 1992 3299 (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 3300 JOURNAL OF THE SENATE 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, TUESDAY, MARCH 31, 1992 3301 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: 3302 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 TUESDAY, MARCH 31, 1992 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 3304 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 TUESDAY, MARCH 31, 1992 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 3306 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 TUESDAY, MARCH 31, 1992 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 3308 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 TUESDAY, MARCH 31, 1992 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." 3310 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: 3312 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." 3314 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 TUESDAY, MARCH 31, 1992 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 3316 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 TUESDAY, MARCH 31, 1992 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: 3318 JOURNAL OF THE SENATE 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, TUESDAY, MARCH 31, 1992 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 3320 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 TUESDAY, MARCH 31, 1992 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. 3322 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 3324 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: 3326 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 3328 JOURNAL OF THE SENATE 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. 3330 JOURNAL OF THE SENATE 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 3332 JOURNAL OF THE SENATE 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". 3334 JOURNAL OF THE SENATE 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". 3336 JOURNAL OF THE SENATE 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 3338 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, TUESDAY, MARCH 31, 1992 3339 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 3340 JOURNAL OF THE SENATE 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 TUESDAY, MARCH 31, 1992 3341 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 3342 JOURNAL OF THE SENATE $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. TUESDAY, MARCH 31, 1992 3343 (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 3344 JOURNAL OF THE SENATE 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 TUESDAY, MARCH 31, 1992 3345 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 25T 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. 3346 JOURNAL OF THE SENATE (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 TUESDAY, MARCH 31, 1992 3347 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 3348 JOURNAL OF THE SENATE 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 TUESDAY, MARCH 31, 1992 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 3350 JOURNAL OF THE SENATE 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 TUESDAY, MARCH 31, 1992 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, 3352 JOURNAL OF THE SENATE 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 TUESDAY, MARCH 31, 1992 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 3354 JOURNAL OF THE SENATE (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 TUESDAY, MARCH 31, 1992 3355 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 3356 JOURNAL OF THE SENATE 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." TUESDAY, MARCH 31, 1992 3357 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 3358 JOURNAL OF THE SENATE 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, TUESDAY, MARCH 31, 1992 3359 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." 3360 JOURNAL OF THE SENATE 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 TUESDAY, MARCH 31, 1992 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. 3362 JOURNAL OF THE SENATE 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. TUESDAY, MARCH 31, 1992 3363 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. 3364 JOURNAL OF THE SENATE 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. TUESDAY, MARCH 31, 1992 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 3366 JOURNAL OF THE SENATE 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. TUESDAY, MARCH 31, 1992 3367 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 3368 JOURNAL OF THE SENATE 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 TUESDAY, MARCH 31, 1992 3369 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 3370 JOURNAL OF THE SENATE 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 TUESDAY, MARCH 31, 1992 3371 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; 3372 JOURNAL OF THE SENATE (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 TUESDAY, MARCH 31, 1992 3373 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 3374 JOURNAL OF THE SENATE 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) TUESDAY, MARCH 31, 1992 3375 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. 3376 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 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, TUESDAY, MARCH 31, 1992 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. 3378 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 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. TUESDAY, MARCH 31, 1992 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; 3380 JOURNAL OF THE SENATE (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 TUESDAY, MARCH 31, 1992 3381 (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 3382 JOURNAL OF THE SENATE 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." TUESDAY, MARCH 31, 1992 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. 3384 JOURNAL OF THE SENATE 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. TUESDAY, MARCH 31, 1992 3385 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 3386 JOURNAL OF THE SENATE 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 TUESDAY, MARCH 31, 1992 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 3388 JOURNAL OF THE SENATE 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." TUESDAY, MARCH 31, 1992 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 3390 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. 3392 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. TUESDAY, MARCH 31, 1992 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 3394 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 3396 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 3398 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 3400 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 TUESDAY, MARCH 31, 1992 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. 3402 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 3404 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. TUESDAY, MARCH 31, 1992 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. 3406 JOURNAL OF THE SENATE 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 TUESDAY, MARCH 31, 1992 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 3408 JOURNAL OF THE SENATE 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 3409 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 3410 JOURNAL OF THE SENATE 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. 3412 JOURNAL OF THE SENATE (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 TUESDAY, MARCH 31, 1992 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 3414 JOURNAL OF THE SENATE 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 TUESDAY, MARCH 31, 1992 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. 3416 JOURNAL OF THE SENATE 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 TUESDAY, MARCH 31, 1992 3417 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 3418 JOURNAL OF THE SENATE 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 TUESDAY, MARCH 31, 1992 3419 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. 3420 JOURNAL OF THE SENATE 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 TUESDAY, MARCH 31, 1992 3421 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. 3422 JOURNAL OF THE SENATE 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; TUESDAY, MARCH 31, 1992 3423 (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 3424 JOURNAL OF THE SENATE 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: TUESDAY, MARCH 31, 1992 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". 3426 JOURNAL OF THE SENATE 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 TUESDAY, MARCH 31, 1992 3427 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 3428 JOURNAL OF THE SENATE 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" TUESDAY, MARCH 31, 1992 3429 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 3430 JOURNAL OF THE SENATE 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 3432 JOURNAL OF THE SENATE 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 TUESDAY, MARCH 31, 1992 3433 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 3434 JOURNAL OF THE SENATE 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. TUESDAY, MARCH 31, 1992 3435 (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 3436 JOURNAL OF THE SENATE 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 TUESDAY, MARCH 31, 1992 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 3438 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 3440 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 3442 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." 3444 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. 3446 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. 3448 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. 3450 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 TUESDAY, MARCH 31, 1992 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: 3452 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 TUESDAY, MARCH 31, 1992 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." 3454 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. 3456 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. 3458 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 3460 JOURNAL OF THE SENATE 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 TUESDAY, MARCH 31, 1992 3461 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 3462 JOURNAL OF THE SENATE 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; TUESDAY, MARCH 31, 1992 3463 (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 3464 JOURNAL OF THE SENATE 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 TUESDAY, MARCH 31, 1992 3465 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; 3466 JOURNAL OF THE SENATE (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 TUESDAY, MARCH 31, 1992 3467 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 3468 JOURNAL OF THE SENATE (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. TUESDAY, MARCH 31, 1992 3469 (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. 3470 JOURNAL OF THE SENATE (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 TUESDAY, MARCH 31, 1992 3471 (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, 3472 JOURNAL OF THE SENATE 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 TUESDAY, MARCH 31, 1992 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. 3474 JOURNAL OF THE SENATE 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: TUESDAY, MARCH 31, 1992 3475 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 3476 JOURNAL OF THE SENATE 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; TUESDAY, MARCH 31, 1992 3477 (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 3478 JOURNAL OF THE SENATE 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 TUESDAY, MARCH 31, 1992 3479 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 3480 JOURNAL OF THE SENATE 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 3482 JOURNAL OF THE SENATE 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 TUESDAY, MARCH 31, 1992 3483 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! 3484 JOURNAL OF THE SENATE (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 TUESDAY, MARCH 31, 1992 3485 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 3486 JOURNAL OF THE SENATE 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 TUESDAY, MARCH 31, 1992 3487 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 3488 JOURNAL OF THE SENATE 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 25r 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 TUESDAY, MARCH 31, 1992 3493 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. 3494 JOURNAL OF THE SENATE (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 TUESDAY, MARCH 31, 1992 3495 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 3496 JOURNAL OF THE SENATE 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 TUESDAY, MARCH 31, 1992 3497 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 3498 JOURNAL OF THE SENATE 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 TUESDAY, MARCH 31, 1992 3499 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 3500 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 3502 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 3504 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 3506 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 3508 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. 3542 JOURNAL OF THE SENATE 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 TUESDAY, MARCH 31, 1992 3543 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. 3544 JOURNAL OF THE SENATE 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 TUESDAY, MARCH 31, 1992 3545 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 3546 JOURNAL OF THE SENATE 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 TUESDAY, MARCH 31, 1992 3547 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. 3548 JOURNAL OF THE SENATE 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 TUESDAY, MARCH 31, 1992 3549 (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 3550 JOURNAL OF THE SENATE 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 TUESDAY, MARCH 31, 1992 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 3556 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 3558 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. 3560 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. 3562 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. 3564 JOURNAL OF THE SENATE 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 TUESDAY, MARCH 31, 1992 3565 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". 3566 JOURNAL OF THE SENATE 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 TUESDAY, MARCH 31, 1992 3567 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. 3568 JOURNAL OF THE SENATE 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. TUESDAY, MARCH 31, 1992 3569 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 3570 JOURNAL OF THE SENATE 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 TUESDAY, MARCH 31, 1992 3571 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. 3572 JOURNAL OF THE SENATE 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, TUESDAY, MARCH 31, 1992 3573 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. 3574 JOURNAL OF THE SENATE 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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) Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers INDEX 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers INDEX 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers INDEX 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers