Journal of the Senate of the State of Georgia regular session 1993 volume one, commenced at Atlanta, Georgia, Monday, January 11, 1993 and adjourned Tuesday, March 23, 1993

Compiler's Note
The Journal of the Senate for the regular session of 1993 is bound in two separate volumes. Volume One contains January 11, 1993 through March 9, 1993. Volume Two contains March 10, 1993 through March 23, 1993 and the complete index.

JOURNAL
OF THE
SENATE
OF THE
STATE OF GEORGIA
REGULAR SESSION 1993
VOLUME ONE
Commenced at Atlanta, Georgia, Monday, January 11, 1993 and adjourned Tuesday, March 23, 1993
Printed on Recycled Paper

OFFICERS
OF THE
STATE SENATE
1993
PIERRE HOWARD ................. President (Lieutenant Governor)
FULTON COUNTY
WAYNE GARNER .......................... President Pro Tempore
CARROLL COUNTY
FRANK ELDRIDGE, JR..................... Secretary of the Senate
WARE COUNTY
MATTHEW HILL ................................ Sergeant at Arms
BARTOW 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 ............................ Index/Information Clerk
GWINNETT COUNTY
FREIDA ELLIS.......................................... Bill Clerk
FULTON COUNTY
SARAH BROWNE .............................. Assistant Bill Clerk
FULTON COUNTY

MEMBERS OF THE
SENATE OF GEORGIA ALPHABETICALLY ARRANGED ACCORDING TO NAMES,
WITH DISTRICTS AND ADDRESSES FOR THE TERM 1993-1994

Senators

District

Address

"Ralph David" Abernathy, III (D) . . 38 ........ .Atlanta

Roy L. Alien (D) .................. 2 ......... Savannah

Don Balfour (R) ................... 9 ......... Stone Mountain

Wilbur E. Baugh (D).............. 25 ......... Milledgeville

Peg Blitch (D)..................... 7 ......... Homerville

Edward E. Boshears (R) ............ 6 ......... Brunswick

Rooney L. Bowen (D) ............. 13 ......... Cordele

Paul C. Broun (D) ................ 46 ......... Athens

Robert Brown (D) ................ 26 ......... Macon

Joe Burton (R) .................... 5 ......... Atlanta

Don Cheeks (D) .................. 23 ......... Augusta

Charles C. (Chuck) Clay (R) ....... 37 ......... Marietta

J. Tom Coleman, Jr. (D) ........... 1 ......... Savannah

Mike Crotts (R) .................. 17 ......... Conyers

Harrill L. Dawkins (D) ............ 45 ......... Conyers

Clinton M. Day (R) ............... 48 ......... Norcross

Nathan Dean (D) ................. 31 ........ Rockmart

Arthur B. "Skin" Edge, IV (R)..... 28 ......... Newnan

Michael J. Egan (R) .............. 40 ......... Atlanta

Stephen B. Farrow (D) ............ 54 ......... Dalton

Wayne Garner (D) ................ 30 ........ Carrollton

Hugh M. Gillis, Sr. (D)............ 20 ......... Soperton

Pam Glanton (R) ................. 34 ......... Riverdale

Edwin A. Gochenour (R) .......... 27 ......... Macon

Ed Harbison (D).................. 15 ......... Columbus

Jane Hemmer (D) ................ 49 ......... Gainesville

Steve Henson (D) ................. 55 ......... Stone Mountain

Jack Hill (D) ..................... 4 ......... Reidsville

George Hooks (D)................. 14 ......... Americus

Waymond C. (Sonny) Huggins (D) . 53 ......... LaFayette

Johnny Isakson (R) ............... 21 ......... Marietta

Rene D. Kemp (D)................. 3 ......... Hinesville

Arthur Langford, Jr. (D) .......... 35 ........ .Atlanta

Steve Langford, Jr. (D)........... 29 ......... LaGrange

Eddie Madden (D) ................ 47 ......... Elberton

Richard 0. Marable (D) ........... 52 ......... Rome

Guy Middleton (D) ............... 50 ......... Dahlonega

Sallie Newbill (R)................. 56 ........ .Atlanta Mary Margaret Oliver (D) ......... 42 ......... Decatur John Parrish (D) .................. 43 ......... Decatur Sonny Perdue (D) ................ 18 ......... Bonaire G. B. "Jake" Pollard, Jr. (D) ...... 24 ........ .Appling Harold J. Ragan (D) .............. 11 ......... Cairo Hugh A. Ragan (R) ............... 32 ......... Smyrna David Ralston (R) ................ 51 ......... Blue Ridge Walter S. Ray (D) ................ 19 ......... Douglas Pete Robinson (D) ................ 16 ......... Columbus David Scott (D) .................. 36 ......... Atlanta Ronald D. Slotin (D).............. 39 ........ .Atlanta Terrell Starr (D).................. 44 ........ .Forest Park Mark Taylor (D).................. 12 ........ .Albany Nadine Thomas (D)............... 10 ......... Atlanta Steve Thompson (D) .............. 33 ......... Powder Springs Loyce W. Turner (D)............... 8 ........ . Valdosta James W. (Jim) Tysinger (R) ...... 41 ........ .Atlanta Charles W. Walker (D) ............ 22 ........ .Augusta

MEMBERS OF THE
GEORGIA HOUSE OF REPRESENTATIVES ALPHABETICALLY ARRANGED ACCORDING TO NAMES, WITH DISTRICTS AND ADDRESSES
FOR THE TERM 1993-1994

Representatives

District

Address

Kathy B. Ashe (R) ................ 46 ............. Atlanta

Bill Atkins (R) ................... 29 ............. Smyrna

Frank I. Bailey, Jr. (D)............ 93 ............. Riverdale

Thurbert E. Baker (D) .......... 70 ............. Decatur

Charles E. Bannister (R) .......... 77 ............. Lilburn

Fisher Barfoot (D) ............... 155 ............. Vidalia

Emory E. Bargeron (D)........... 120 ............. Louisville

Roy E. Barnes (D) ................ 33 ............. Mableton

Kermit F. "K" Bates, Jr. (D) ..... 179 ............ .Bainbridge

Jimmy W. Benefield (D)........... 96 ............. Atlanta

Kenneth W. (Ken) Birdsong (D) .. 123 ............. Gordon

Thomas C. Bordeaux, Jr. (D) ..... 151 ............. Savannah

Henry Bostick (D) ............... 165 ............ .Tifton

Keith R. Breedlove (R)............ 85 ............ .Buford

Donna Staples Brooks (R) ........ 103 ............. Newnan

Tyrone D. Brooks (D) ............. 54 ............ Atlanta

George M. Brown (D) ............ 117 ............. Augusta

Thomas Bryant Buck, III (D) ..... 135 ............. Columbus

Gail Buckner (D) ................. 95 ............. Morrow

Barbara J. Bunn (R) .............. 74 ............. Conyers

Mark Burkhalter (R) .............. 41 ............. Alpharetta

Roger C. Byrd (D) ............... 170 ............ .Hazelhurst

Tom Campbell (R)................ 42 ............ .Roswell

Henrietta M. Canty (D) ........... 52 .............Atlanta

John Reid Carlisle (D) .......... 107 ............. Griffin

Tyrone Carrell (D) ................ 87 ............. Monroe

Hanson Carter (D) ............... 166 ............. Nashville

Tom Cauthorn (D)................ 35 ............. Atlanta

Tommy Chambless (D) ........... 163 ............. Albany

Dennis Chandler (D) ............. 99 ............. Douglasville

Mickey Channell (D) ............. Ill ............. Greensboro

E. M. (Buddy) Childers (D)........ 13 ............ .Rome

Steve Clark (R)................... 40 ............. Kennesaw

Lynda Coker (R) ................. 31 ............. Marietta

Brooks P. Coleman, Jr. (R) ........ 80 ............ .Duluth

Terry L. Coleman (D) ............ 142 ............. Eastman

Carlton H. Colwell (D) ............. 7 ............. Blairsville

Jack Connell (D) ................ 115 Cathy Cox (D).................. 160 Mack Crawford (R) ............... 129 Ron Crews (R) ................... 78 Ronnie Culbreth (D) ............. 132 Bill Cummings (D)................ 27 Grace W. Davis (D) ............... 48 J. Max Davis (R) ................. 60 John David Dickinson (R) ......... 83 Scott Dix (R)..................... 76 Harry D. Dixon (D) .............. 168 Sonny Dixon (D) ................ 150 Denny M. Dobbs (D).............. 92 William J. Dover (D)............... 9 Earl Ehrhart (R).................. 36 Carl Von Epps (D)............... 131 Mike A. Evans (R)................ 28 Dorothy Felton (R) ............... 43 James M. Floyd (D).............. 172 Johnny Floyd (D)................ 138 John F. Godbee (D).............. 145 Tim Golden (D) ................. 177 Bill Goodwin (R) ................. 79 Gerald E. Greene (D) ............ 158 Denmark Groover, Jr. (D) ........ 125 John W. Hammond (D) ........... 32 Bob Hanner (D) ................. 159 Bobby Harris (D) ................ 112 Melanie Harris (R)................ 17 Bettieanne Childers Hart (D) ..... 116 Keith G. Heard (D) ............... 89 June Hegstrom (D) ............... 66 Bill Hembree (R) ................. 98 Michele Henson (D)............... 65
Ray Holland (D)................. 157 Bob Holmes (D) .................. 53 Henry Howard (D) ............... 118 Newt Hudson (D)................ 156 David Hughes (D) ................ 19 Carolyn Fleming Hugley (D) ...... 133 Lynmore James (D) .............. 140 Mary Jeannette Jamieson (D) ...... 22 Curtis S. Jenkins (D)............. 110 Diane Harvey Johnson (D)........ 148 Dorothy Gail Johnson (R) ......... 97

............. Augusta ............ .Bainbridge ............. Zebulon ............. Tucker ............. Columbus ............. Rockmart ............. Atlanta ............. Atlanta ............. Snellville ............. Snellville ............. Waycross ............. Garden City ............. Covington ............. Clarkesville ............. Powder Springs ............. LaGrange ............. Cumming ............. Atlanta ............. Hinesville ............ .Cordele ............. Brooklet ............. Valdosta ............. Norcross ............. Cuthbert ............. Macon ............. Marietta ............. Dawson ............ .Thomson ............. Woodstock ............ .Waynesboro ............. Athens ............. Scottdale ............. Douglasville
............ Stone Mountain
............ .Ashburn ............ .Atlanta ............ .Augusta ............. Rochelle ............ .Dawsonville ............. Columbus ............. Montezuma ............ .Toccoa ............. Forsyth ............. Savannah ............ .Jonesboro

Eric Johnson (R) ................ 153 Jere Johnson (R) ................. 84 Ralph L. Johnston (R) ............ 81 Vernon A. Jones (D) .............. 71 Brian D. Joyce (R)................. 1
Mitchell Adam Kaye, Sr. (R) ...... 37 Greg Kinnamon (D)................ 4 Kip Klein (R) .................... 39 Charles Barton (Bart) Ladd (R) . . . . 59 Daniel J. Lakly (R) .............. 105 Bob Lane (D) ................... 146 Dick Lane (D) .................... 55 Thomas E. Lawrence (R) .......... 64
Bobby Lawson (D) ................ 20 Bill Lee (D) ...................... 94 Jeff Lewis (D) .................... 14 Jimmy Lord (D) ................. 121 David E. Lucas, Sr. (D) .......... 124 Leland L. Maddox (R) ........... 108 Harold Mann (R) .................. 5 Jim Martin (D) ................... 47 Louise McBee (D) ................ 88 Jo Ann McClinton (D) ............ 68 J.E. (Billy) McKinney (D) ......... 51 Wade Milam (D) ............... 130 James W. Mills (R) ............... 21 Barbara J. Mobley (D) ............ 69 John 0. Mobley, Jr. (D) ........... 86 Martha W. Moore (R) ............ 113 Hinson Mosley (D)............... 171 Anne Mueller (R) ................ 152 Thomas B. Murphy (D) .......... 18 Earl O'Neal (D) .................. 75 Clinton Oliver (D) ............... 154 Nan Orrock (D) .................. 56 Mike Padgett (D) ................ 119 Bobby Eugene Parham (D) ....... 122 Larry J. "Butch" Parrish (D) ..... 144 Robert L. Patten (D)............. 176 Dorothy B. Pelote (D)............ 149 Tim Perry (D).................... 11 Garland F. Pinholster (R) ......... 15 Charles N. Poag (D) ............... 6 Mike Polak (D)................... 67

............. Savannah ............. Grayson ............. Duluth ............. Decatur ............. Lookout
Mountain ............. Marietta ............. Dalton ............. Marietta ............. Atlanta ............. Peachtree City ............. Statesboro ............. East Point ............. Stone
Mountain ............. Gainesville ............ .Forest Park ............. White ............. Sandersville ..:.......... Macon ............. Stockbridge ............. Rocky Face ............. Atlanta ............. Athens ............. Atlanta ............ .Atlanta ............. LaGrange ............. Gainesville ............. Decatur ............. Winder ............. Evans .............Jesup ............. Savannah ............. Bremen ............ Conyers ............. Glennville ............. Atlanta ............. Augusta ............. Milledgeville ............. Swainsboro ............. Lakeland ............. Savannah ............. Trion ............. Ball Ground ............. Eton ............. Atlanta

DuBose Porter (D) ............... 143 McCracken (Ken) Poston, Jr. (D) ... 3 Alan T. Powell (D)................ 23 Ann R. Purcell (D)............... 147 William C. (Billy) Randall (D) . . . . 127 Mamie M. Randolph (D) .......... 72 Robert Ray (D).................. 128 Henry L. Reaves (D) ............. 178 Robert A.B. Reichert (D) ......... 126 Lawrence R. Roberts (D) ......... 162 A. Richard Royal (D) ............ 164 John Scoggins (D) ................ 24 Tom E. Shanahan (D)............. 10 Tom Sherrill (D) ................. 62 Kem Shipp, Sr. (R) ............... 38 John Simpson (D) ............... 101 Georganna T. Sinkfield (D) ........ 57 Mitch J. Skandalakis (R) .......... 45 Jimmy Skipper (D) .............. 137 Charles C. Smith, Jr. (D) ......... 175 Larry Smith (D) ................. 109 Paul E. Smith (D) ................ 12 Tommy Smith (D) ............... 169 Vance Smith, Jr. (R) ............. 102 Willou Smith (R) ................ 174 Calvin Smyre (D) ................ 136 Mike Snow (D) .................... 2 Frank E. Stancil (D) .............. 91 Steve Stancil (R) ................. 16 LaNett L. Stanley (D)............. 50 Pamela Stanley (D) ............... 49 Tommy Stephenson (D) ........... 25 Van Streat (D) .................. 167 Maretta Mitchell Taylor (D) ...... 134 Sharon Beasley Teague (D) ........ 58 Doug Teper (D) .................. 61 Charles Thomas (D) ............. 100 Eugene C. Tillman (D) ........... 173 Theo Titus, III (R) .............. 180 Matt Towery (R) ................. 30 Sharon Trense (R) ................ 44 Henrietta E. Turnquest (D)........ 73 Ralph J. Twiggs (D) ............... 8 Jack Vaughan (R) ................ 34 Larry Walker (D) ................ 141 Vinson Wall (R) .................. 82

............. Dublin ............ .Ringgold .............Hartwell ............ .Rincon ............. Macon ............. Atlanta ............ .Fort Valley ............. Quitman ............. Macon ............. Albany ............. Camilla ............. Danielsville ............ .Calhoun ............ .Atlanta ............. Kennesaw ............. Carrollton ............ .Atlanta ............ .Atlanta ............. Americus ............. St. Marys ............. Jackson ............. Rome ............. Alma ............. Pine Mountain ............. Brunswick ............. Columbus ............. Chickamauga ............. Watkinsville ............. Canton ............. Atlanta ............. Atlanta ............. Commerce ............. Nicholls ............. Columbus ............. College Park ............ .Atlanta ............. Temple ............. Brunswick ............ .Thomasville ............ .Atlanta ............ .Atlanta ............. Decatur ............. Hiawassee ............. Marietta ............ .Perry ............. Lawrenceville

Roy H. "Sonny" Watson, Jr. (D) . . 139 Charlie Watts (D)................. 26 Lynn Westmoreland (R) .......... 104 John White (D).................. 161 Betty Jo Williams (R) ............. 63 Robin L. Williams (R)............ 114 John P. Yates (R) ............... 106 Charles W. Yeargin (D) ........... 90

............. Warner Robins ............. Dallas ............ .Tyrone ............ .Albany ............. Atlanta ............. Augusta ............. Griffin ............ .Elberton

MONDAY, JANUARY 11, 1993

13

SENATE JOURNAL

Senate Chamber, Atlanta, Georgia Monday, January 11, 1993 First Legislative Day

The Senators-elect of the General Assembly of Georgia for the years 1993-94 met pursuant to law in regular session in the Senate Chamber at 10:00 o'clock A.M. this day, and were called to order by Honorable Pierre Howard, Lieutenant Governor and President of the Senate.

The President led the Senators-elect in the pledge of allegiance to the Flag of the United States of America.

The President introduced Senator Langford of the 35th who led the Senators-elect in prayer, and Fred C. Jones, Jim Bennett, Jim O'Connor and Nick Fender, members of a blue-grass band from Dahlonega, Georgia, called, "Shoal Creek", who rendered several renditions of spiritual songs.

The following communication from Honorable Max Cleland, Secretary of State, certifying the Senators-elect in the General Election of 1992 was received and read by the Secretary of the Senate, Hamilton McWhorter, Jr.:

STATE OF GEORGIA Office of Secretary of State

I, Max Cleland, Secretary of State of the State of Georgia, do hereby certify that the attached five pages are a true and correct list of the State Senators as elected in the November 3, 1992, General Election; all as the same appear of file and record in this office.

In Testimony Whereof, I have hereunto set my hand and affixed the seal of my office, at the Capitol, in the City of Atlanta, this 8th day of January, in the year of our Lord One Thousand Nine Hundred and Ninety-Three and of the Independence of the United States
of America the Two Hundred and Seventeenth.

(SEAL)

/s/ Max Cleland Secretary of State

14

JOURNAL OF THE SENATE

STATE SENATORS ELECTED TO THE GENERAL ASSEMBLY NOVEMBER 3, 1992 GENERAL ELECTION

DISTRICT

COUNTIES

NAME

Portion of Chatham

J. Tom Coleman, Jr.

Portion of Bryan, Portion of Chatham, Portion of Effingham, Portion of Liberty

Roy L. Alien, II

Portion of Bryan, Portion of

Rene D. Kemp

Glynn, Portion of Liberty, Long,

Mclntosh, Portion of Wayne

Bulloch, Portion of Effingham, Jack Hill Evans, Jenkins, Screven, Tattnall

Portion of DeKalb, Portion of Gwinnett

Joe Burton

Appling, Bacon, Brantley,

Edward E. Boshears

Portion of Glynn, Pierce, Portion

of Ware, Portion of Wayne

Berrien, Camden, Charlton, Clinch, Portion of Cook, Echols, Lanier, Tift, Portion of Ware

Peg Blitch

Portion of Brooks, Portion of Decatur, Portion of Grady, Portion of Lowndes, Miller, Portion of Thomas

Loyce W. Turner

9

Portion of Gwinnett

Don Balfour

10

Portion of Clayton, Portion of Nadine Thomas

DeKalb

11

Portion of Baker, Portion of

Harold Ragan

Brooks, Portion of Colquitt,

Portion of Decatur, Early,

Portion of Grady, Portion of

Lowndes, Portion of Mitchell,

Seminole, Portion of Thomas

12

Portion of Baker, Calhoun, Clay, Mark Taylor

Portion of Dougherty, Quitman,

Randolph, Stewart, Terrell,

Webster

13

Portion of Ben Hill, Portion of Rooney L. Bowen

Colquitt, Portion of Cook, Crisp,

Dooly, Irwin, Portion of Mitchell,

Turner, Worth

14

Portion of Dougherty, Lee,

George Hooks

Macon, Peach, Schley, Sumter,

Taylor

PARTY D D D D R R D D
R D D
D
D
D

MONDAY, JANUARY 11, 1993

15

15

Chattahoochee, Portion of

Ed Harbison

D

Muscogee

16

Portion of Harris, Marion,

Pete Robinson

D

Portion of Muscogee, Talbot

17

Butts, Henry, Portion of Newton, Mike D. Crotts

R

Portion of Rockdale

18

Portion of Bibb, Bleckley,

Sonny Perdue

D

Houston, Pulaski

19

Atkinson, Portion of Ben Hill, Walter S. Ray

D

Coffee, Dodge, Jeff Davis,

Portion of Laurens, Telfair,

Wilcox

20

Candler, Emanuel, Johnson,

Hugh Gillis

D

Portion of Laurens, Montgomery,

Toombs, Treutlen, Portion of

Washington, Wheeler, Portion of

Wilkinson

21

Portion of Cobb

Johnny Isakson

R

22

Burke, Portion of Richmond

Charles W. Walker

D

23

Portion of Columbia, Portion of Don Cheeks

D

Richmond

24

Portion of Columbia, Glascock, G.B. "Jake" Pollard, Jr.

D

Portion of Jefferson, Lincoln,

McDuffie, Morgan, Portion of

Oconee, Oglethorpe, Portion of

Warren, Wilkes

25

Baldwin, Greene, Hancock,

Wilbur E. Baugh

D

Jasper, Portion of Jefferson,

Portion of Jones, Putnam,

Taliaferro, Portion of Warren,

Portion of Washington

26

Portion of Bibb, Portion of

Robert Brown

D

Jones, Twiggs, Portion of

Wilkinson

27

Portion of Bibb, Crawford,

Ed Gochenour

R

Lamar, Monroe, Upson

28

Coweta, Portion of Fayette,

Arthur "Skin" Edge

R

Portion of Spalding

29

Portion of Harris, Heard,

Steve Langford

D

Meriwether, Pike, Portion of

Spalding, Troup

30

Carroll, Portion of Douglas

Wayne Garner

D

31

Portion of Bartow, Haralson,

Nathan Dean

D

Paulding, Polk

32

Portion of Cobb

Hugh Ragan

R

16

JOURNAL OF THE SENATE

33

Portion of Cobb

Steve Thompson

D

34

Portion of Clayton, Portion of Pam Glanton

R

Douglas, Portion of Fayette,

Portion of Fulton

35

Portion of Fulton

Arthur Langford, Jr.

D

36

Portion of Fulton

David Scott

D

37

Portion of Cherokee, Portion of Chuck Clay

R

Cobb

38

Portion of Cobb, Portion of

Ralph David Abernathy, III

D

Fulton

39

Portion of Fulton

Ron Slotin

D

40

Portion of Fulton

Mike Egan

R

41

Portion of DeKalb, Portion of James W. (Jim) Tysinger

R

Gwinnett

42

Portion of DeKalb

Mary Margaret Oliver

D

43

Portion of DeKalb

John Parrish

D

44

Portion of Clayton

Terrell A. Starr

D

45

Portion of Barrow, Portion of

Harrill L. Dawkins

D

Newton, Portion of Rockdale,

Walton

46

Portion of Barrow, Clarke,

Paul C. Broun

D

Portion of Oconee

47

Banks, Elbert, Franklin, Hart, Eddie M. Madden

D

Jackson, Madison

48

Portion of Forsyth, Portion of Clint Day

R

Gwinnett

49

Portion of Forsyth, Hall

Jane Hemmer

D

50

Dawson, Habersham, Lumpkin, Guy Middleton

D

Rabun, Stephens, Towns, Union,

White

51

Portion of Cherokee, Fannin,

David Ralston

R

Gilmer, Gordon, Pickens

52

Portion of Bartow, Floyd

Richard O. Marable

D

53

Chattooga, Dade, Walker, Portion Waymond (Sonny) Huggins

D

of Whitfield

54

Catoosa, Murray, Portion of

Steve Farrow

D

Whitfield

55

Portion of DeKalb

Steve Henson

D

56

Portion of Cherokee, Portion of Sallie Newbill

R

Fulton, Portion of Gwinnett

MONDAY, JANUARY 11, 1993

17

The President called for the morning roll call, and the following Senators-elect answered to their names:

Abernathy Alien Balfour Baugh Blitch Boshears Bowen Broun of 46th BBruorwtonn of 26th
Cheeks CCloalyeman
Crotts Dawkins Day Dean Edge Egan

Farrow Garner Gillis Glanton Gochenour Harbison Hemmer Henson HHoilol ks
Huggins KIseamkspon
Langford of 35th Langford of 29th Madden Marable Middleton Newbill

Oliver Parrish Perdue Pollard Ragan of llth R of 32nd Ralston R oRoub-mson
Starr
Taylor Thomas Thompson Turner Tysinger Walker

The President introduced Supreme Court Justice Leah Sears Collins and Court of Appeals Judge Ed Johnson, who alternately in groups of seven administered the following oath of office to all the Senators-elect at the Well:
"I do hereby solemnly swear or affirm that I will support the Constitution of this State and of the United States, and on all questions and measures which may come before me, I will so conduct myself, as will, in my judgment, be most conducive to the interests and prosperity of this State. I further swear or affirm that I am not the holder of any public money due this State, unaccounted for, that I am not the holder of any office of trust under the government of the United States, nor of any one of the several states, nor of any foreign state, that I am otherwise qualified to hold said office according to the Constitution and the laws of Georgia. So help me God."

The President announced that the next order of business was the election of the President Pro Tempore.

Senator Robinson of the 16th nominated Senator Wayne Garner of the 30th District as President Pro Tempore.

Senator Tysinger of the 41st seconded the nomination.

Senator Robinson of the 16th asked unanimous consent that the nominations be closed, and that the Secretary be instructed to cast the vote of the entire body for Senator Garner of the 30th.

The consent was granted, and Senator Wayne Garner of the 30th District was declared elected President Pro Tempore.

The President appointed Senators Robinson of the 16th, Hooks of the 14th, Oliver of the 42nd, Langford of the 35th and Tysinger of the 41st as a committee to escort Senator Garner of the 30th, President Pro Tempore, to the Rostrum of the Senate where he addressed the Senators extemporaneously.

18

JOURNAL OF THE SENATE

The President introduced Dr. James Kaufmann, who is liaison of the Medical Aid Station during this term of the General Assembly and he explained the "doctor of the day" program offered in the Capitol. He also introduced Alice Kaufmann, his wife, who will be the nurse in the Medical Aid Station.
The President announced that Honorable Hamilton McWhorter, Jr., Secretary of the Senate is retiring, and several Senators expressed their sentiments and good wishes to Mr. McWhorter from the Well.
The President announced that the next order of business was the election of the Secretary of the Senate.
Senator Perdue of the 18th nominated Honorable Frank Eldridge, Jr., of Ware County, as Secretary of the Senate.
Senator Blitch of the 7th seconded the nomination.
Senator Robinson of the 16th asked unanimous consent that the nominations be closed, and that the Assistant Secretary be instructed to cast the vote of the entire body for Honorable Frank Eldridge, Jr.
The consent was granted, and Honorable Frank Eldridge, Jr., was declared elected Secretary of the Senate.
The President appointed Senators Perdue of the 18th, Blitch of the 7th and Ray of the 19th as a committee to escort Mr. Eldridge to the Well of the Senate where the oath of office was administered by Lieutenant Governor Pierre Howard, President of the Senate, and Mr. Eldridge briefly addressed the Senate.
The President announced that the next order of business was the election of the Sergeant at Arms of the Senate.
Senator Marable of the 52nd nominated Matthew Hill as Sergeant at Arms of the Senate.
Senator Scott of the 36th seconded the nomination.
Senator Robinson of the 16th asked unanimous consent that the nominations be closed, and that the Secretary be instructed to cast the vote of the entire body for Matthew Hill as Sergeant at Arms of the Senate.
The consent was granted, and Matthew Hill was declared elected Sergeant at Arms of the Senate.
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has adopted by the requisite constitutional majority the following resolution of the House:
HR 1. By Representatives Murphy of the 18th, Connell of the 115th, Walker of the 141st, Groover of the 125th and Lee of the 94th: A resolution to notify the Senate that the House of Representatives has convened.

MONDAY, JANUARY 11, 1993

19

The following resolutions of the Senate were read and put upon their adoption:
SR 1. By Senators Hooks of the 14th, Garner of the 30th and Robinson of the 16th:
A resolution adopting the Rules of the Senate; and for other purposes.
A RESOLUTION
Adopting the Rules of the Senate; and for other purposes.
BE IT RESOLVED BY THE SENATE that the Rules of the Senate in force at the adjournment of the regular 1992 session of the General Assembly are hereby adopted as the Rules of the Senate for the regular 1993 session, subject to the following amendments which are also hereby adopted:
Section 1. Senate Rule 185 is stricken in its entirety and a new rule is inserted in its place to read as follows:
"Rule 185. The President shall appoint the following standing committees, which shall not exceed the following number of Senators each:
AGRICULTURE - 6 7 APPROPRIATIONS - 32 30 BANKING AND FINANCIAL INSTITUTIONS - 16 10 CONSUMER AFFAIRS - 5 CORRECTIONS - W 7 DEFENSE AND VETERANS AFFAIRS - 5 ECONOMIC DEVELOPMENT, TOURISM, AND CULTURAL AFFAIRS - 8 EDUCATION - 14 12 ETHICS - 7 9 FINANCE AND PUBLIC UTILITIES - 13 12 GOVERNMENTAL OPERATIONS - 10 7 HEALTH AND HUMAN SERVICES - tt 12 HIGHER EDUCATION - 8 9 INSURANCE AND LABOR - 8 9 INTERSTATE COOPERATION - 6 6 JUDICIARY - 8 7 NATURAL RESOURCES - 13 14 PUBLIC SAFETY - 5 REAPPORTIONMENT - 18 1J5 RETIREMENT - 6 RULES - W 17 SCIENCE, TECHNOLOGY, AND INDUSTRY - 6 SPECIAL JUDICIARY - 7 TRANSPORTATION - 13 17 URBAN AND COUNTY AFFAIRS - ? 5 YOUTH, AGING AND HUMAN ECOLOGY - 10 7
Each Senator shall be appointed to serve on four committees provided for in this Rule and no more; except membership on the Committee on Reapportionment, membership on the Committee on Ethics, and membership on the Committee on Interstate Cooperation (which is created by law) shall not count as one of the four committees.
The President shall appoint a chairman, a vice chairman and a secretary for all standing committees and a chairman of standing subcommittees.
The President may create, in his discretion, within any standing committee, a subcommittee or subcommittees and appoint the membership and officers thereof. Nothing herein contained shall be construed to limit the authority of the standing committees or the officers thereof.

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Once a Senator is appointed to a standing committee, he shall never be removed therefrom during his term of office, unless that Senator so requests.
In addition to the standing committees created by this Rule, there shall be a Committee on Senate Administrative Affairs composed of the President of the Senate, the President Pro Tempore, the Secretary of the Senate, the Chairman of the Committee on Rules, and thfcc (3) four (4) members of the Senate appointed by the President. This Committee shall have the responsibility of employing, supervising and setting the compensation of all aides, secretaries and other personnel for the Senate, including the Senate Research and Senate Information offices. The Committee shall supervise the purchase and allotment of supplies for the Senate."
On the adoption of the resolution, the yeas were 44, nays 2.
The resolution, having received the requisite majority, was adopted.
SR 2. By Senators Garner of the 30th, Robinson of the 16th and Hooks of the 14th: A resolution to notify the House of Representatives that the Senate has convened.
On the adoption of the resolution, the yeas were 45, nays 0.
The resolution, having received the requisite majority, was adopted.
SR 3. By Senators Garner of the 30th, Robinson of the 16th and Hooks of the 14th: A resolution relative to officials, employees, and committees in the Senate.
On the adoption of the resolution, the yeas were 44, nays 0.
The resolution, having received the requisite majority, was adopted.
SR 4. By Senators Garner of the 30th, Robinson of the 16th and Hooks of the 14th: A resolution to notify the Governor that the General Assembly has convened.
On the adoption of the resolution, the yeas were 45, nays 0.
The resolution, having received the requisite majority, was adopted.
The President appointed as a Committee of Notification on the part of the Senate the following:
Senators Taylor of the 12th, Brown of the 26th, Henson of the 55th, Coleman of the 1st, Turner of the 8th, Scott of the 36th and Hemmer of the 49th.
Lieutenant Governor Pierre Howard, President of the Senate, addressed the Senate as follows:
I want to take this opportunity, ladies and gentlemen of the Senate, and to all of those who are here as observers to welcome all of you here. I want to say to each and every one of you that I look forward to working with you as Lt. Governor. My door is open to you and if you come to see me and I'm tied up, if you will just sit there for a minute and wait, I will see you because we have a policy downstairs that we will see a senator when he or she needs to see us.
Let me say this morning as I look out at you, I think of myself 20 years ago today. I walked into this same room and took my oath as a senator from the 42nd District. I had waged a long door-to-door campaign to get elected and most people didn't think I would win. In the end it worked out and I got elected. When I came to this Senate, I had come

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21

with a lot of idealism and a lot of hope about rectifying some of the problems that I felt existed in Georgia 20 years ago. I have had a great experience during my time at the Capitol. I have made a lot of great friends in the Senate and had a lot of victories and my share of defeats. But on the whole when I was elected 20 years ago, I found a system which was impervious to change or hostile to change certainly not receptive to change. Change is never an easy thing. I would suggest that you come into this Senate at a time in the history of Georgia when state government and this Senate are more receptive to progress and making needed changes. I think the reason for that is the hard ground has been broken by a lot of people who have gone before you with a break in plow. The ground's been harrowed, laid by and planted. We're about ready for the second planting. You can be a part of history here in this Senate.
There have been a lot of great people who have served in this body. Thirty years ago today a young man from Sumter County took his oath in this well where you stood. He later became the President of the United States of America the most powerful leader in the world. We have had other senators one sworn in as United States Senator from Georgia just this month. Many distinguished members of this Senate have gone on to greater service after serving here. You are joining a rich tradition of people who have made a real difference in the life of our state. You have an unparalleled opportunity each and every one of you to make a difference. When I was elected Lt. Governor, I pledged to the people of this state certain things. One of them was that I wanted to work in a feeling and a spirit of harmony not only within the Senate but with the other body across the hall the House of Representatives. During the first two years of my administration, I believe we have gone a long way toward accomplishing that goal. I want to say to all of you and I want to say to the body across the hall that I continue to have that same attitude that we want to work together and we want to work in a spirit of cooperation even though we know that we won't always agree that's not even desirable that we always agree. The element that is desirable, however, is that we all respect each other's opinions and that we work together for the best interest of our state. I want to say loud and clear that we will not be intimidated nor will we be deterred from carrying forth the promises that we have made to the people of this state regardless of the political atmosphere. It is my intention and my hope that this session will be a harmonious session and that we will be met with the same spirit of cooperation in the middle of the hallway as that which we exhibit here today.
Let me say to you, the members of the Senate, that I feel that I have a pledge to keep to the people of this state to work with all members of the Senate regardless of your political party, regardless of where your district is. I have tried very hard during my first two years to do that. I hope that you will feel that my actions will reflect that attitude as we go through the next two years. Surely no one could be a member of this body without realizing, after the last campaign, that the public is demanding that certain things be done. They will no longer countenance or permit state government to continue with business as usual. I believe that this body has been in the forefront of trying to make the needed changes during the last two years that are so evident throughout Georgia. I ask for your help in doing what we need to do during this session to make the changes that are needed and to preserve those traditions which we need to preserve. It just depends on what the issue is. But I can do nothing without your help. I have no vote in this body. Each one of you has an equal vote and an equal opportunity to express your views. My commitment to you is to try to make sure that the processes of the Senate are run in such a way that you feel you are getting a fair shake, that you have your day in court, your chance to state your views and that you will feel that whether you are in the minority or the majority that you have been able to say what you wanted to say and have a fair hearing. That is not always easy as you will find out.
Ladies and gentlemen of the Senate, we have a lot of work to do. I believe that our state government needs to hone in on two basic things. We have got to prove to the people of this state that we can manage the money that they send here as taxes some $8 billion. We need to reassure them that we are going to live within our means, that we are going to insist on productivity in state government and that we are going to be able to continue the downsizing of state government which we began when we cut the budget by some $450 million.

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Secondly, I believe the people of this state expect us to have a sensitivity and move without delay and without hesitation on the issues that are on the social agenda. What I am talking about is doing something about the dropout rate, doing something about the teen pregnancy rate, doing something about the status of health care in rural area and inner cities and doing something about the need for jobs all of those things are of critical importance.
We do not have any guarantees not a single one of us in this room has a guarantee of anything beyond the term for which you are elected, but we do have that. We do have two years to work together. Let us determine here this morning that we are going to do our dead level best to put aside all irrelevant differences that we may have and work together so that when people judge us in the future, they will say that we did our best and we served our state well.
Thank you very much.

The President announced the appointment of the following Standing Committees for the 1993-94 Term:

AGRICULTURE

Ragan of llth, Chairman Hemmer of 49th, Vice Chairman Ralston of 51st, Secretary
Boshears of 6th

Madden of 47th Middleton of 50th Pollard of 24th

APPROPRIATIONS

Dawkins of 45th, Chairman Starr of 44th, Vice Chairman Walker of 22nd, Secretary
Alien of 2nd Bowen of 13th Broun of 46th Burton of 5th Clay of 37th Coleman of 1st Dean of 31st Edge of 28th Garner of 30th Gillis of 20th Hemmer of 49th Hill of 4th

Hooks of 14th Isakson of 21st Langford of 35th Marable of 52nd Oliver of 42nd Perdue of 18th Pollard of 24th Ragan of 32nd Ray of 19th Robinson of 16th Scott of 36th Taylor of 12th Thompson of 33rd Turner of 8th Tysinger of 41st

Continuation Subcommittee

Dawkins of 45th, Chairman Alien of 2nd Bowen of 13th Broun of 46th Coleman of 1st Dean of 31st Edge of 28th Garner of 30th Gillis of 20th Hooks of 14th

Oliver of 42nd Perdue of 18th Pollard of 24th Robinson of 16th Scott of 36th Starr of 44th Thompson of 33rd Turner of 8th Walker of 22nd

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Corrections & General Government Subcommittee

Ray of 19th, Chairman Bowen of 13th Clay of 37th

Garner of 30th Langford of 35th

Human Development Subcommittee

Walker of 22nd, Chairman Alien of 2nd Burton of 5th

Marable of 52nd Robinson of 16th Thompson of 33rd

K-12 Subcommittee

Oliver of 42nd, Chairman Edge of 28th Hill of 4th

Pollard of 24th Scott of 36th Starr of 44th

Natural Resources & Economic Development Subcommittee

Hooks of 14th, Chairman Coleman of 1st Dean of 31st

Gillis of 20th Hemmer of 49th Isakson of 21st

VoTech & Higher Education Subcommittee

Perdue of 18th, Chairman Broun of 46th Taylor of 12th

Ragan of 32nd Turner of 8th Tysinger of 41st

BANKING AND FINANCIAL INSTITUTIONS

Turner of 8th, Chairman Clay of 37th, Vice Chairman Parrish of 43rd, Secretary
Balfour of 9th Broun of 46th

Coleman of 1st Day of 48th Harbison of 15th Middleton of 50th Scott of 36th

CONSUMER AFFAIRS

Langford of 35th, Chairman Baugh of 25th, Vice Chairman Boshears of 6th, Secretary

Gochenour of 27th Slotin of 39th

Regulated Beverages Subcommittee

Slotin of 39th, Chairman Baugh of 25th

Boshears of 6th

CORRECTIONS

Ray of 19th, Chairman Hill of 4th, Vice Chairman Blitch of 7th, Secretary
Gochenour of 27th

Harbison of 15th Langford of 35th Thomas of 10th

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Pardons & Paroles Subcommittee

Hill of 4th, Chairman Gochenour of 27th

Harbison of 15th

Penal & Correctional Institutions Subcommittee

Blitch of 7th, Chairman Langford of 35th

Thomas of 10th

DEFENSE AND VETERANS AFFAIRS

Harbison of 15th, Chairman
Kemp of 3rd, Vice Chairman Glanton of 34th, Secretary

Boshears of 6th Crotts of 17th

ECONOMIC DEVELOPMENT, TOURISM & CULTURAL AFFAIRS

Broun of 46th, Chairman Brown of 26th, Vice Chairman Langford of 29th, Secretary
Blitch of 7th

Burton of 5th Garner of 30th Gillis of 20th Perdue of 18th

Cultural Affairs Subcommittee

Brown of 26th, Chairman Garner of 30th

Perdue of 18th

Small Business & Tourism Subcommittee

Langford of 29th, Chairman Blitch of 7th

Burton of 5th Gillis of 20th

EDUCATION

Scott of 36th, Chairman Oliver of 42nd, Vice Chairman Isakson of 21st, Secretary
Brown of 26th Henson of 55th Marable of 52nd

Newbill of 56th Parrish of 43rd Ragan of llth Slotin of 39th Starr of 44th Thomas of 10th

Primary & Secondary Subcommittee

Marable of 52nd, Chairman Henson of 55th Newbill of 56th

Oliver of 42nd Starr of 44th Thomas of 10th

Vocational & Technical Subcommittee

Ragan of llth, Chairman
Brown of 26th Isakson of 21st

Parrish of 43rd Slotin of 39th

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25

ETHICS

Hill of 4th, Chairman Henson of 55th, Vice Chairman Egan of 40th, Secretary
Harbison of 15th Isakson of 21st

Oliver of 42nd Pollard of 24th Robinson of 16th Taylor of 12th

FINANCE AND PUBLIC UTILITIES

Starr of 44th, Chairman Robinson of 16th, Vice Chairman Cheeks of 23rd, Secretary
Brown of 26th Dawkins of 45th Day of 48th

Egan of 40th Farrow of 54th Gillis of 20th Newbill of 56th Perdue of 18th Turner of 8th

Public Finance Subcommittee

Robinson of 16th, Chairman Farrow of 54th Gillis of 20th

Newbill of 56th Perdue of 18th

Taxation Subcommittee

Turner of 8th, Chairman Brown of 26th Cheeks of 23rd

Dawkins of 45th Day of 48th Egan of 40th

GOVERNMENTAL OPERATIONS

Alien of 2nd, Chairman Middleton of 50th, Vice Chairman Balfour of 9th, Secretary
Abernathy of 38th

Glanton of 34th Hemmer of 49th Ragan of llth

Government Organization Subcommittee

Middleton of 50th, Chairman Abernathy of 38th

Glanton of 34th

Merit System Subcommittee

Hemmer of 49th, Chairman Balfour of 9th

Ragan of llth

HEALTH AND HUMAN SERVICES

Walker of 22nd, Chairman Thomas of 10th, Vice Chairman Ragan of 32nd, Secretary
Alien of 2nd Balfour of 9th Baugh of 25th

Coleman of 1st Harbison of 15th Henson of 55th Madden of 47th Ragan of llth Slotin of 39th

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Health Care Facilities & Professions Subcommittee

Alien of 2nd, Chairman Balfour of 9th Harbison of 15th

Henson of 55th Madden of 47th Ragan of llth

Mental Health Subcommittee

Baugh of 25th, Chairman Coleman of 1st Ragan of 32nd

Slotin of 39th Thomas of 10th

HIGHER EDUCATION

Perdue of 18th, Chairman Farrow of 54th, Vice Chairman Broun of 46th, Secretary
Balfour of 9th Baugh of 25th

Glanton of 34th Parrish of 43rd Turner of 8th Tysinger of 41st

INSURANCE AND LABOR

Pollard of 24th, Chairman Newbill of 56th, Vice Chairman Abernathy of 38th, Secretary
Cheeks of 23rd Isakson of 21st

Langford of 29th Ray of 19th Taylor of 12th Tysinger of 41st

INTERSTATE COOPERATION

Thomas of 10th, Chairman Gochenour of 27th, Vice Chairman Garner of 30th, Secretary

Brown of 26th Glanton of 34th Parrish of 43rd

JUDICIARY

Oliver of 42nd, Chairman Alien of 2nd, Vice Chairman Slotin of 39th, Secretary
Clay of 37th

Farrow of 54th Ralston of 51st Robinson of 16th

NATURAL RESOURCES

Gillis of 20th, Chairman Hooks of 14th, Vice Chairman Madden of 47th, Secretary
Blitch of 7th Bowen of 13th Dean of 31st Edge of 28th

Egan of 40th Garner of 30th Hemmer of 49th Henson of 55th Hill of 4th Huggins of 53rd Kemp of 3rd

Environmental Protection Subcommittee

Henson of 55th, Chairman Blitch of 7th Edge of 28th Egan of 40th

Hemmer of 49th Hill of 4th Hooks of 14th

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27

Game & Fish Subcommittee

Bowen of 13th, Chairman Dean of 31st Garner of 30th

Huggins of 53rd Kemp of 3rd Madden of 47th

PUBLIC SAFETY

Bowen of 13th, Chairman Pollard of 24th, Vice Chairman Crotts of 17th, Secretary

Cheeks of 23rd Farrow of 54th

REAPPORTIONMENT

Blitch of 7th, Chairman Garner of 30th, Vice Chairman Harbison of 15th, Secretary
Alien of 2nd Clay of 37th Dean of 31st Gillis of 20th Hooks of 14th

Madden of 47th Middleton of 50th Scott of 36th Starr of 44th Taylor of 12th Thomas of 10th Walker of 22nd

RETIREMENT

Huggins of 53rd, Chairman Abernathy of 38th, Vice Chairman Day of 48th, Secretary

Burton of 5th Glanton of 34th Thomas of 10th

RULES

Hooks of 14th, Chairman Marable of 52nd, Vice Chairman Huggins of 53rd, Secretary
Abernathy of 38th Blitch of 7th Clay of 37th Dawkins of 45th Dean of 31st Edge of 28th

Garner of 30th Henson of 55th Ray of 19th Robinson of 16th Scott of 36th Starr of 44th Taylor of 12th
(Ex Offlcio) Walker of 22nd

Audits Subcommittee

Hooks of 14th, Chairman Blitch of 7th Dawkins of 45th Dean of 31st Edge of 28th

Garner of 30th Ray of 19th Starr of 44th Walker of 22nd

Enrolling & Journals Subcommittee

Huggins of 53rd, Chairman Clay of 37th Henson of 55th Marable of 52nd

Robinson of 16th Scott of 36th Taylor of 12th

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SCIENCE, TECHNOLOGY AND INDUSTRY

Tysinger of 41st, Chairman Ragan of 32nd, Vice Chairman Middleton of 50th, Secretary

Baugh of 25th Egan of 40th Madden of 47th

SPECIAL JUDICIARY

Egan of 40th, Chairman Kemp of 3rd, Vice Chairman Edge of 28th, Secretary
Boshears of 6th

Dawkins of 45th Langford of 29th Ragan of 32nd

TRANSPORTATION

Coleman of 1st, Chairman Thompson of 33rd, Vice Chairman Taylor of 12th, Secretary
Brown of 26th Cheeks of 23rd Crotts of 17th Day of 48th Dean of 31st Gochenour of 27th

Hill of 4th Hooks of 14th Huggins of 53rd Isakson of 21st Kemp of 3rd Langford of 29th Ralston of 51st Walker of 22nd

Highways Subcommittee

Huggins of 53rd, Chairman Brown of 26th Cheeks of 23rd Day of 48th Gochenour of 27th Hooks of 14th

Isakson of 21st Langford of 29th Ralston of 51st Thompson of 33rd Walker of 22nd

State Ports Subcommittee

Hill of 4th, Chairman
Crotts of 17th Dean of 31st

Kemp of 3rd Taylor of 12th

URBAN AND COUNTY AFFAIRS

Thompson of 33rd, Chairman
Langford of 35th, Vice Chairman Bowen of 13th, Secretary

Gochenour of 27th Newbill of 56th

Local Affairs Subcommittee

Langford of 35th, Chairman Bowen of 13th

Newbill of 56th

YOUTH, AGING AND HUMAN ECOLOGY

Marable of 52nd, Chairman
Burton of 5th, Vice Chairman Crotts of 17th, Secretary
Oliver of 42nd

Parrish of 43rd Ralston of 51st Thompson of 33rd

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29

Aging & Human Ecology Subcommittee

Parrish of 43rd, Chairman Crotts of 17th

Ralston of 51st

Children & Youth Subcommittee

Thompson of 33rd, Chairman Burton of 5th

Oliver of 42nd

The following communications from His Excellency, Governor Zell Miller, were received and read by the Secretary:

STATE OF GEORGIA Office of the Governor
Atlanta 30334-0900
May 8, 1992
Honorable Pierre Howard Lieutenant Governor State Capitol Atlanta, Georgia 30334
Dear Lieutenant Governor Howard:
I have vetoed Senate Bills 17, 343, 410, 484, 587, 618 and 622 which were passed by the General Assembly of Georgia at the 1992 Regular Session.
Article III, Section V, Paragraph XIII of the Constitution requires that I transmit such bills to you, together with a list of reasons for such vetoes. The bills and corresponding reasons for their veto are attached.
With kindest regards, I remain
Sincerely,
M Zell Miller

Attachments

VETO NUMBER 25
Senate Bill 17 would exempt 26 positions of Captain within the Department of Public Safety from the classified service of the Merit System. This bill was introduced for one purpose and for one purpose only: to circumvent the law requiring the Governor's approval by Executive Order of declassification of the position of Captain.
The State Merit System was created by the legislature to provide a career path for employees in government and to attract, select and retain good employees on merit, free from political influences. The law does provide that the Governor may exempt a position from the classified service by Executive Order if the position is one of a purely policy-making or confidential nature. On February 19 the Department of Public Safety requested an Executive Order declassifying the positions of Captain. In my opinion, the Department of Public Safety has not yet adequately substantiated the necessity for declassifying all the positions of Captain to satisfy the statutory requirements for issuing an Executive Order providing for declassification.
As one of this State's two law enforcement agencies, the Department of Public Safety must be above reproach and must be free from political influence. Exemption from the classified service may subject the Department of Public Safety to greater political influences in hiring and management decisions and could undermine a department which historically has been beset by problems. This is an executive management decision which should be made

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by the Governor utilizing current statutory standards. By circumventing the current statutory procedure, the Department attempts to do by legislative exception what it has not yet been permitted to do by the chief executive officer of this State.
For these reasons, I hereby veto Senate Bill 17.
VETO NUMBER 22
Senate Bill 343 was local legislation which provided for the compensation of officials of the State Court of Putnam County. Following passage of the bill, the author discovered that the bill contained errors which would have resulted in higher salaries paid to the administrative assistants to the State Court than to the judges. Therefore, at the request of the author, I hereby veto Senate Bill 343.
VETO NUMBER 24
Senate Bill 410 creates the legislative fiscal oversight committee and requires executive agencies to prepare strategic plans for review by the oversight committee. It also authorizes the oversight committee to order the state auditor to determine if state agencies are carrying out these plans. This bill establishes an oversight function that is unnecessary, duplicative and confusing.
Current state law requires the Office of Planning and Budget (OPB) to develop financial policies and plans as the basis for budget recommendations to the General Assembly. It also requires OPB to make its information available at all times to the General Assembly and its designees. The planning function is therefore already part of the executive branch of state government and all budget and financial information is readily available to the legislature.
The audit function is also already a part of state government, under the control of the legislative branch. The state auditor routinely conducts performance audits of all state agencies, and the Legislative Services Committee can order performance audits of any agency at any time and has done so in the past.
Senate Bill 410 therefore creates an unnecessary function which in future years could become a vehicle used for political purposes. If this bill were to become law, the oversight committee could become a tool for regular interference into the day-to-day operations of state agencies, crossing the line between executive and legislative functions. Legislative interference with daily management issues could create far more problems than intended to resolve, creating friction and public confusion that is now common in the federal government.
While I welcome the input of legislative leaders, and as Governor have repeatedly sought their advice regarding the fiscal affairs of this state, I strongly believe that the daily management of the executive branch is the prerogative of the Governor.
I therefore hereby veto Senate Bill 410.
VETO NUMBER 34
Senate Bill 484 exempts local schools from state standards if the school is accredited by an accrediting agency approved by the State Board of Education. State board policy already provides for this exemption and therefore this legislation is unnecessary. The State Board of Education needs maximum flexibility to make education policy, and this bill interferes with what is properly the state board's function.
Accordingly, I hereby veto Senate Bill 484.
VETO NUMBER 42
Senate Bill 587 as originally introduced would have transferred the administration of the Community Education Program to the Department of Education. I strongly support the

MONDAY, JANUARY 11, 1993

31

concept and activities of community schools and support transferring the Community Education Program to the Department of Education. However, Senate Bill 587 does not completely transfer the program as intended. Instead, Senate Bill 587 provides for an advisory council to be appointed by the Commissioner of the Department of Community Affairs.
I believe that this bill should be perfected before it becomes effective. For these reasons, I hereby veto Senate Bill 587.
VETO NUMBER 30
Senate Bill 618 would establish a Governor's Groundwater Advisory Council comprised of 9 members who represent areas which primarily rely on groundwater for their water supply. The bill would require the Governor to fund and provide staff assistance to the Groundwater Advisory Council.
Without question, I am committed to protection of Georgia's environment. In the 1991 Session of the General Assembly, I introduced and passed legislation separating the Environmental Protection Division from the Department of Natural Resources. In that same bill, a 15-member Environmental Advisory Council was also established. The law requires that the Environmental Advisory Council advise the Governor and the Environmental Protection Division on environmental issues. Groundwater is but one of the issues the Environmental Advisory Council can and does address.
I support the Environmental Advisory Council's broad approach to environmental issues. Environmental issues are complex and interrelated. I do not believe that the State's interest in protecting its environmental is well-served by creation of an advisory council focused on the single issue of groundwater.
I did not initiate nor did I support or request the creation of a Governor's Groundwater Advisory Council. For these reasons, I hereby veto Senate Bill 618.
VETO NUMBER 33
Senate Bill 622 is a legislative limit upon the State Board of Education's "No pass/no participation" rule by exempting all activities except competitive events.
Neither the State Board of Education nor I take exception to the purpose of Senate Bill 622. However, the State Board has already conducted hearings on this issue and has indicated that modification of their rule is likely to be made soon. It is my opinion that the State Board of Education and not the legislature, should be responsible for modifying its own rules. The State Board is uniquely situated to understand the ramifications of its rules on the activities and instruction of Georgia's students.
For this reason, I hereby veto Senate Bill 622.
STATE OF GEORGIA Office of the Governor
Atlanta 30334-0900
May 8, 1992
Honorable Thomas B. Murphy Speaker of the House of Representatives State Capitol Atlanta, Georgia 30334
Dear Mr. Speaker:
I have vetoed House Bills 198, 245, 559, 613, 727, 1109, 1162, 1169, 1287, 1290, 1377, 1445, 1481, 1495, 1705, 1721, 1767, 1837, 1934 and 2021 which were passed by the General Assembly of Georgia at the 1992 Regular Session.
Article III, Section V, Paragraph XIII of the Constitution requires that I transmit such bills to you, together with a list of reasons for such vetoes. The bills and corresponding reasons for their veto are attached.

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With kindest regards, I remain

Sincerely, Isl Zell Miller

Attachments

VETO NUMBER 18
House Bill 198 addressed some concerns relating to special elections. Subsequent to its passage, the author discovered that a critical section dealing with referendum provisions had been omitted and requested that I veto the bill. Accordingly, I hereby veto House Bill 198.
VETO NUMBER 37
House Bill 245 was a comprehensive revision of the laws relating to driver's licenses and motor vehicles. House Bill 1145 was also a comprehensive bill dealing with many of the same subjects as House Bill 245.
House Bill 1145 contained several provisions which needed to become effective on April 1, 1992 and was signed into law immediately upon passage. Because certain provisions of House Bill 245 conflict with the provisions of House Bill 1145, I hereby veto House Bill 245 so as to not impliedly repeal House Bill 1145.
VETO NUMBER 38
House Bill 559 would provide for the licensing and regulation of irrigation contractors. Irrigation contractors are not currently licensed or regulated in Georgia.
Georgia law requires that the Georgia Occupational Regulation Review Council review all legislation which licenses and regulates previously unregulated businesses or occupations. Since House Bill 559 was never referred to the Georgia Occupational Regulation Review Council prior to enactment as required by law, the Review Council has not passed upon the necessity for regulating this particular business.
The burden of regulating irrigation contractors is placed on the existing State Construction Industry Licensing Board. However, no funds were appropriated to the State Construction Industry Licensing Board to license and regulate irrigation contractors.
House Bill 559 conflicts with my efforts to downsize state government. Accordingly, I hereby veto House Bill 559.
VETO NUMBER 35
House Bill 613 amended the law governing special license plates for firefighters. House Bill 1145 was a comprehensive bill providing for a $25.00 annual fee for all special license plates. House Bill 613 did not contain a $25.00 annual fee provision.
House Bill 1145 contained several provisions which needed to become effective on April 1, 1992 and was signed into law immediately upon passage. Because the fee provisions of House Bill 613 conflict with the fee provisions of House Bill 1145, I hereby veto House Bill 613.
VETO NUMBER 32
House Bill 727 would allow local boards of education to adopt policies providing for sanctions against students who do not make restitution for lost or damaged textbooks or library books. Permitted sanctions include withholding transcripts, prohibiting the student from taking examinations or earning course credit, and withholding report cards, diplomas and additional textbooks or other books.
The State Board of Education forbids a local school from withholding transcript records because such transcripts are protected by the Federal Education Rights Privacy Act. House Bill 727 would directly contravene this policy of the State Board of Education.
The sanctions expressly stated in House Bill 727 potentially interrupt and interfere

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with a student's education. We must not lose sight of the fact that it is far more important to educate a child than to exact restitution from the child for the mere loss of a book. Lost books can be replaced; student drop-outs are forever lost. Accordingly, I hereby veto House Bill 727.
VETO NUMBER 41
House Bill 1109 as introduced would have changed the definition and applicability of state minimum standard codes in the design, erection, construction and alteration of buildings in this State. During debate, a floor amendment known as the "Handy-Man's Amendment" was attached to House Bill 1109 which would permit heating and air-conditioning, plumbing and electrical work be done by unlicensed contractors if the labor amount does not exceed $200.00.
There are several problems with the Handy-Man's Amendment. First and foremost, the Handy-Man's Amendment would circumvent and undermine the existing statutory requirement that persons who perform heating and air-conditioning, plumbing and electrical work be certified and licensed by the State. Secondly, under the language of the Handy-Man's Amendment, it might be possible to perform jobs considerably larger than $200.00 labor cost by manipulating the cost of equipment and the cost of labor.
The licensing laws were enacted to protect the consumer against unsafe workmanship by ensuring that certain minimum building standards were met. I will not approve any measure which would potentially expose Georgia citizens to unsafe conditions in commercial and residential buildings. For these reasons, I hereby veto House Bill 1109.
VETO NUMBER 26
House Bill 1162 would require that the State Board of Human Resources include a licensed dentist, a consumer of services, a licensed nursing home administrator and a physically handicapped person.
The Board of Human Resources consists of 15 members. Current law requires that seven members of the board be engaged professionally in rendering health services and that five of those seven members be licensed to practice medicine.
The Board of Human Resources sets policy for this State's largest department in many complex and diverse areas. With a statutory mission broadly embracing mental health, physical health, aging, and child and family protection, among other purposes, the Department and the Board of Human Resources should and does seek the advice of groups which may have a particular interest or expertise in a subject.
It is a difficult task to identify persons with the balance, the energy, the dedication and the interest to serve on a public board particularly one as comprehensive as the Board of Human Resources. I am of the opinion that the legislature should not further limit the pool of potential gubernatorial appointees by specifying additional qualifications of the Board by reference to professional or personal attributes.
For these reasons, I hereby veto House Bill 1162.
VETO NUMBER 31
House Bill 1169 as introduced imposed an additional condition on the requirement in the Comprehensive Solid Waste Management Act that no permit be issued for a biomedical waste incinerator unless the state does not presently have enough biomedical waste disposal facilities. The intention of the legislature in enacting the Comprehensive Solid Waste Management Act was to limit commercial biomedical waste disposal capacity to what Georgia hospitals, clinics and doctors needed.
During passage of House Bill 1169, an amendment was added which would effectively allow existing commercial biomedical waste incinerators to expand to any larger capacity without having to demonstrate the need for such capacity for Georgia's biomedical waste. This could open the flood gates for biomedical wastes from other states to be imported to Georgia for incineration and would nullify the original intent of the Comprehensive Solid

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Waste Management Act. To preserve the integrity of Georgia's environment and Georgia's environmental laws, I hereby veto House Bill 1169.
VETO NUMBER 40
House Bill 1287 would enable students attending bible schools and colleges to receive tuition equalization grants. Under current law, bible schools or colleges are not approved for tuition equalization grants.
I strongly support tuition equalization grants and in fact even recommended, and the General Assembly approved, an increase in such amounts in the 1992 Session of the General Assembly. My concern with House Bill 1287 is that the budget did not contemplate the additional amounts which would be required to cover tuition equalization grants for students attending bible colleges or schools and the cost could become significant depending on the number of bible schools and colleges which would be covered under House Bill 1287.
I do not want to compromise the strides made by the 1992 General Assembly to fund the tuition equalization grants in an enhanced amount by expanding the universe of schools eligible for tuition equalization grants without providing for a source of funding.
Accordingly, I hereby veto House Bill 1287.
VETO NUMBER 39
House Bill 1290 would provide for the licensing and regulation of roofing contractors. Roofing contractors are not currently licensed or regulated in Georgia.
Georgia law requires that the Georgia Occupational Regulation Review Council review all legislation which licenses and regulates previously unregulated businesses or occupations. Since House Bill 1290 was never referred to the Georgia Occupational Regulation Review Council prior to enactment as required by law, the Review Council has not passed upon the necessity for regulating this particular business.
The burden of regulating roofing contractors is placed on the existing State Construction Industry Licensing Board. However, no funds were appropriated to the State Construction Industry Licensing Board to license and regulate roofing contractors.
House Bill 1290 conflicts with my efforts to downsize state government. Accordingly, I hereby veto House Bill 1290.
VETO NUMBER 27
House Bill 1377 changes the definition of taxable nonresident and changes the formula for determining whether non-residents should be taxed from a percentage basis of total income earned to a flat fee for income earned within the state.
Current law provides that incomes for services rendered by non-residents in this state are subject to income taxation when the remuneration for the services exceeds 5 percent of the non-residents' total income. House Bill 1377 would subject those non-residents who earn more than $8,000 for services rendered in this state to income taxation. This is a fundamental and radical change in the formula for taxation of non-residents and would subject a much larger universe of non-residents who perform services in this state to state income taxation.
Georgia prides itself on its cultural and recreational diversity. Georgia profits both monetarily and culturally from its ability to attract top performers in the entertainment business. House Bill 1377 would make Georgia a less attractive destination for many performers and could result in a loss of important State revenues which would not be offset by the increased tax upon the entertainer.
I believe that additional consideration should be given to such a fundamental policy shift. For this reason, I hereby veto House Bill 1377.
VETO NUMBER 36
House Bill 1445 amended the law governing special license plates for reservists. House

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Bill 1145 was a comprehensive bill providing for a $25.00 annual fee for all special license plates, including those for reservists. House Bill 1445 did not contain a $25.00 annual fee provision.
House Bill 1145 contained several provisions which needed to become effective on April 1, 1992 and was signed into law immediately upon passage. Because the fee provisions of House Bill 1445 conflict with the fee provisions of House Bill 1145,1 hereby veto House Bill 1445.
VETO NUMBER 20
House Bill 1481 was a local bill pertaining to homestead exemptions from Clarke County ad valorem taxes. Subsequent to its passage, the Athens-Clarke County Commission and the legislative delegation reached an agreement other than reflected in House Bill 1481. Accordingly, at the request of the legislative delegation, I am vetoing House Bill 1481.
VETO NUMBER 19
House Bill 1495 was local legislation dealing with districts of the Chattooga County Board of Commissioners. The author of this bill requested that I veto the bill because the voters had defeated a referendum dealing with this subject. Accordingly, I hereby veto House Bill 1495.
VETO NUMBER 21
House Bill 1705 was a local bill amending the homestead exemption from Floyd County School District ad valorem taxes. Subsequent to its passage, the author discovered a technical error and requested a veto. Accordingly, I hereby veto House Bill 1705.
VETO NUMBER 28
House Bill 1721 would provide that 50% of unclaimed victim-restitution funds would be transferred into the general operating fund of the county holding restitution payments and 50% would be transferred into the State Crime Victims Emergency Fund. House Bill 1721 would permit counties to benefit from unclaimed victim-restitution funds by permitting counties to use such funds for general operating expenses. This would effectively treat unclaimed victim-restitution funds differently from other types of unclaimed property which otherwise must be remitted to the State.
I do not believe that victim-restitution funds should be treated any differently at the county level than unclaimed property held by banks, insurance companies and other businesses. Unclaimed property is unclaimed property regardless of its origination. Exempting a particular type of unclaimed property could result in numerous other exemption requests.
Georgia's unclaimed property statute serves a valid public purpose and I would not like to see it weakened in any respect. I would not, however, be opposed to legislation which would require that the State place unclaimed victim-restitution funds into a State Crime Victims Emergency Fund upon receipt from the county. By remitting such unclaimed victim-restitution funds to the State, the State could ensure equitable distribution to crime victims across the State.
For these reasons, I hereby veto House Bill 1721.
VETO NUMBER 29
House Bill 1767 would increase the size of the Upper Savannah River Development Authority from two counties to twenty-eight counties. The Upper Savannah River Development Authority was originally created in 1982 for the limited purpose of developing public property on the Richard B. Russell Lake in Hart and Elbert counties for recreation and tourism.
House Bill 1767 would also extensively increase the powers of the Upper Savannah River Development Authority. It would give the Authority the power to exercise eminent domain and issue bonds for roads, bridges, transportation facilities, warehouse and logistic

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facilities, laboratories, commercial and retail establishments and private residences. Furthermore, the Authority is granted the power to charge and collect tolls, fees, rents, charges and assessments for the use of facilities or services rendered. Coupled with the extensive powers it would possess under House Bill 1767, the power to charge and collect tolls, fees, rents, charges and assessments could be enormous and prove financially burdensome to the public.
In my opinion, House Bill 1767 would transform an inactive local governmental authority into a land developer cloaked with far-reaching governmental powers. In so doing, State and local efforts to preserve the natural aspects of the Upper Savannah River Basin may be imperiled.
For these reasons, I hereby veto House Bill 1767.
VETO NUMBER 16 H.B. 1837
Current law requires each local board of education to prescribe sex education and AIDS prevention for the grades determined by the State Board of Education. HB 1837 adds a requirement that local school boards adopt policies to ensure that all course materials are appropriate. However, the standard by which materials are to be judged as appropriate is confusing and would probably prompt litigation.
HB 1837 contains three sections which conflict with each other. The statute provides for instruction concerning pregnancy, sexually transmitted diseases and AIDS. But subsections (e) and (f) provide that nothing in this act or the instruction it authorizes shall be construed to promote or encourage the violation of Georgia law.
Since Georgia law prohibits sex between unmarried people, it is problematic how to provide the instruction concerning pregnancy, sexually transmitted diseases and AIDS to unmarried teens, as this bill indicates, without violation of the law. It certainly raises the question as to whether any instruction other than abstinence encourages the violation of Georgia law.
A recent Centers for Disease Control survey indicates that two-thirds of our high school kids have had sexual intercourse, with almost 30 percent having had four or more partners. In 1990, there were more than 31,000 reported cases of sexually transmitted diseases among Georgia children ages 10-19 and over 11,200 Georgia girls ages 10-17 became pregnant.
It is clear that Georgia schools must do a better job of informing our teens of the facts and consequences of sexual activity, pregnancy, sexually transmitted diseases and AIDS. But HB 1837 invites litigation by its lack of clarity as to standards of appropriateness and creates a dilemma in which it is impossible to satisfy the law without violating it at the same time. Its likely impact in the classroom would be to thwart responsible sex education by having a chilling effect on the students and teachers participating in dialogue on the issue.
VETO NUMBER 17
House Bill 1934 was intended to change the composition and appointment of membership on the East Point Parking Authority. Subsequent to its passage, a technical error was discovered and its author requested that I veto the bill. Accordingly, I hereby veto House Bill 1934.
VETO NUMBER 23
House Bill 2021 was local legislation providing for the reapportionment of the Jasper County Board of Commissioners. House Bill 2021 contained errors which were discovered by the author subsequent to passage of the bill by both the House and Senate. Therefore, at the request of the author of the bill, I hereby veto House Bill 2021.
On April 15, 1992, the Governor informed the Senate, in a Memorandum received by the Secretary of the Senate, of the following Sections of House Bill 1261 that he had vetoed:

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Section 18, Page 18:
"Special Projects. .................................................... $479,479".
Section 54, Page 61, fourth paragraph:
"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, Page 64, second paragraph:
"Provided, that the Governor's Scholarship Program shall include the following graduates 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."
Section 59, Page 65, second paragraph:
"It is the intent of this General Assembly to maintain, as a minimum, the same level of direct treatment staff in the extended care and forensic programs of each MH-MR-SA institution for fiscal year 1993 that was authorized in fiscal year 1987."
Section 64, Page 69:
"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 accordance 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 68, Page 72, paragraph i.):
"i.) The Department is authorized to amend its Travel Line Item with Agency Funds and other income as needed to accomplish its Transportation program responsibilities."
Section 79, Page 78:
"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, Page 78:
"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 appropriations for ERS employer contribution rate, employer health insurance rate and implementation of House Bill 1596."

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The following communications were received and read by the Secretary:
The General Assembly Atlanta
June 17, 1992
Honorable Pierre Howard Lieutenant Governor 240 State Capitol Atlanta, GA 30334
Dear Lieutenant Governor Howard:
Pursuant to your call for a caucus under the provisions of O.C.G.A. Section 32-2-20, relative to the State Transportation Board, a caucus was held on June 17, 1992, at 10:30 A.M. at the Lakeside Annex Building at Little Ocmulgee State Park, at which caucus Honorable Frank C. Pinkston was elected as a member of the State Transportation Board from the Eighth Congressional District. Mr. Pinkston was elected to serve for the remainder of the unexpired term of office of the Honorable Jimmy Connor who has resigned from the board effective September 21, 1992, with Mr. Pinkston's term of office to begin September 21, 1992, and expire April 15, 1995.
Respectfully submitted,
/s/ Denmark Groover, Jr. Chairman Eighth Congressional District Caucus
/s/ Walter S. Ray Secretary Eighth Congressional District Caucus
The General Assembly Atlanta
June 17, 1992
Honorable Thomas B. Murphy Speaker, House of Representatives 332 State Capitol Atlanta, GA 30334
Dear Speaker Murphy:
Pursuant to your call for a caucus under the provisions of O.C.G.A. Section 32-2-20, relative to the State Transportation Board, a caucus was held on June 17, 1992, at 10:30 A.M. at the Lakeside Annex Building at Little Ocmulgee State Park, at which caucus Honorable Frank C. Pinkston was elected as a member of the State Transportation Board from the Eighth Congressional District. Mr. Pinkston was elected to serve for the remainder of the unexpired term of office of the Honorable Jimmy Connor who has resigned from the board effective September 21, 1992, with Mr. Pinkston's term of office to begin September 21, 1992, and expire April 15, 1995.
Respectfully submitted,
/s/ Denmark Groover, Jr. Chairman Eighth Congressional District Caucus
/s/ Walter S. Ray Secretary Eighth Congressional District Caucus

MONDAY, JANUARY 11, 1993

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Office of Legislative Counsel 316 State Capitol
Atlanta, Georgia 30334
June 24, 1992
Honorable Max Cleland Secretary of State 214 State Capitol Atlanta, GA 30334
Dear Max:
Enclosed find certificate from the President of the Senate and the Speaker of the House of Representatives certifying that Honorable Frank C. Pinkston was elected as a member of the State Transportation Board from the Eighth Congressional District. Mr. Pinkston was elected to serve for the remainder of the unexpired term of office of the Honorable Jimmy Connor who has resigned from the board effective September 21, 1992. Mr. Pinkston's term of office will therefore begin September 21, 1992, and expire April 15, 1995. This certificate is furnished to you pursuant to the provisions of O.C.G.A. Section 32-2-20 relative to the State Transportation Board.
With best regards, I am
Sincerely yours,
/si Sewell R. Brumby Legislative Counsel
Enclosures
The General Assembly Atlanta
TO: HONORABLE MAX CLELAND SECRETARY OF STATE
This is to certify that Honorable Frank C. Pinkston of Bibb County has been elected, pursuant to the provisions of O.C.G.A. Section 32-2-20 relative to the State Transportation Board, as a member of the State Transportation Board from the Eighth Congressional District. Mr. Pinkston was elected to serve for the remainder of the unexpired term of office of the Honorable Jimmy Connor who has resigned from the board effective September 21, 1992.
This 23rd day of June, 1992.
/s/ Pierre Howard President of the Senate
/s/ Thomas B. Murphy Speaker, House of Representatives
The State Senate Atlanta, Georgia 30334
December 15, 1992
The Honorable Zell B. Miller Governor, State of Georgia State Capitol Atlanta, Georgia 30334
Dear Governor:
As you are aware, I was elected in the November General Election to represent the 9th

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Congressional District of Georgia in the U.S. House of Representatives. I am to be sworn into that office at noon on January 5, 1993.
Therefore, I would like this letter to serve as notice that I resign my position as Senator from the 49th Senatorial District of Georgia effective immediately prior to noon January 5, 1993.
I look back with fond memories of the experiences, associations, and friendships during my 12 years in the Georgia Legislature.
I look forward to the new challenge of congressional service. I will serve to the best of my ability the northernmost congressional district of Georgia, an area I know is especially near and dear to your heart as well as my own.
I ask your continued friendship and support and pledge the same to you.
Respectfully,
/s/ Nathan Deal
STATE OF GEORGIA Office of the Governor
Atlanta 30334-0900
December 16, 1992
Honorable Nathan Deal State Senator Post Office Box 2522 Gainesville, Georgia 30503
Dear Nathan:
This will acknowledge receipt of your recent correspondence in which you tendered your resignation as a member of the State Senate, 49th District. By copy of this letter, your resignation is hereby accepted, effective upon your taking the oath of office as a United States Congressman on January 5, 1993.
Your service to the State of Georgia in the above capacity is greatly appreciated, and I extend to you my best wishes for the future.
With kindest personal regards, I remain
Sincerely,
/s/ Zell Miller
The State Senate Atlanta, Georgia 30334
December 30, 1992
Office of Hamilton McWhorter, Jr. Secretary of the Senate State Capitol Atlanta, Georgia
Gentlemen:
This is to advise you that due to my election to Congress and the constitutional limitations applicable to that office, I must resign from the Georgia State Senate effective January 5, 1993. I will be sworn in as a member of Congress on January 5th. Thank you for your assistance in this matter.
Very truly yours,
/s/ C. Donald Johnson

MONDAY, JANUARY 11, 1993

41

Senator Robinson of the 16th moved that the Senate do now adjourn until 10:00 o'clock A.M. tomorrow.
At 11:55 o'clock A.M., the President announced that the Senate would stand adjourned until 10:00 o'clock A.M. tomorrow.

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Senate Chamber, Atlanta, Georgia
Tuesday, January 12, 1993 Second Legislative Day

The Senate met pursuant to adjournment at 10:00 o'clock A.M. today and was called to order by the President.
Senator Muggins of the 53rd reported that the Journal of yesterday's proceedings had been read and found correct.
By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has adopted by the requisite constitutional majority the following resolutions of the House:
HR 8. By Representatives Murphy of the 18th, Connell of the 115th, Walker of the 141st, Groover of the 125th and Lee of the 94th:
A resolution relative to adjournment.
HR 4. By Representatives Murphy of the 18th, Connell of the 115th, Walker of the 141st, Groover of the 125th and Lee of the 94th:
A resolution calling a joint session of the House of Representatives and the Senate for the purpose of hearing a message from the Governor.
HR 5. By Representatives Murphy of the 18th, Connell of the 115th, Walker of the 141st, Groover of the 125th and Lee of the 94th:
A resolution inviting the Justices of the Supreme Court and the Judges of the Court of Appeals to be present at a joint session of the House of Representatives and the Senate to hear a message from the Governor.
HR 6. By Representatives Murphy of the 18th, Connell of the 115th, Walker of the 141st, Groover of the 125th and Lee of the 94th:
A resolution calling a joint session of the House of Representatives and the Senate for the purpose of hearing a message from the Chief Justice of the Supreme Court.
HR 7. By Representatives Murphy of the 18th, Connell of the 115th, Walker of the 141st, Groover of the 125th and Lee of the 94th:
A resolution calling a joint session of the House of Representatives and the Senate for the purpose of hearing a message from the Governor.

TUESDAY, JANUARY 12, 1993

43

The House has adopted by the requisite constitutional majority the following resolutions of the Senate:
SR 2. By Senators Garner of the 30th, Robinson of the 16th, and Hooks of the 14th: A resolution to notify the House that the Senate has convened.
SR 4. By Senators Garner of the 30th, Robinson of the 16th, and Hooks of the 14th:
A resolution to notify the Governor that the General Assembly has convened.
The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:
SB 1. By Senators Oliver of the 42nd, Garner of the 30th, Thompson of the 33rd and others:
A bill to amend Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, so as to change the conditions under which reports of child abuse are made to law enforcement authorities or district attorneys; to provide for child fatality review subcommittees and their duties, meetings, records, reports, disclosures, and liability. Referred to Committee on Judiciary.
SB 2. By Senators Oliver of the 42nd, Marable of the 52nd, Robinson of the 16th and others:
A bill to amend Code Section 49-5-41 of the Official Code of Georgia Annotated, relating to access to reports of child abuse, so as to change which persons or entities may have such access. Referred to Committee on Judiciary.
SB 3. By Senators Oliver of the 42nd, Hill of the 4th, Robinson of the 16th and others:
A bill to amend Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile court proceedings, so as to change provisions relating to temporary transfers of custody of children found to be deprived; to amend Code Section 16-3-21 of the Official Code of Georgia Annotated, relating to the use of force in the defense of self or others; to amend Code Section 24-9-20 of the Official Code of Georgia Annotated, relating to testimony of criminal defendants. Referred to Committee on Judiciary.
SB 4. By Senators Dawkins of the 45th, Oliver of the 42nd, Hill of the 4th and Hooks of the 14th:
A bill to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to impose requirements for the awarding of grants by the state; to provide a short title; to provide for a definition; to provide for applicability; to promote fairness and openness in the awarding and disbursement of state grants; to provide for rules and regulations. Referred to Committee on Appropriations.
SB 5. By Senators Dawkins of the 45th, Thompson of the 33rd, 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; to amend Chapter 6 of Title 50 of the

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Official Code of Georgia Annotated, relating to the Department of Audits and Accounts, so as to provide for agency reviews of existing and proposed programs of each state agency.
Referred to Committee on Appropriations.
SB 6. By Senators Garner of the 30th, Oliver of the 42nd, Walker of the 22nd and Scott of the 36th:
A bill to amend Part 4 of Article 1 of Chapter 8 of Title 40 of the Official Code of Georgia Annotated, relating to certain equipment required on motor vehicles operated in Georgia, so as to provide that the driver of a motor vehicle transporting a child under the age of 16 years shall ensure that such child properly uses an approved restraining device; to provide an effective date.
Referred to Committee on Youth, Aging and Human Ecology.
SB 7. By Senators Garner of the 30th, Oliver of the 42nd, Thompson of the 33rd and others:
A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to change provisions relating to bicycle safety; to define a term; to regulate the carrying of children under certain ages as passengers on bicycles; to require the use of bicycle helmets by minors under a certain age; to require proof of compliance in connection with certain bicycle rentals and leases.
Referred to Committee on Youth, Aging and Human Ecology.
SB 8. By Senators Garner of the 30th, Dawkins of the 45th, Walker of the 22nd and others:
A bill to amend Part 1 of Article 4 of Chapter 12 of Title 45 of the Official Code of Georgia Annotated, the "Budget Act," and Code Section 50-16-38 of the Official Code of Georgia Annotated, relating to acquisition of real property through the State Properties Commission, so as to provide for the issuance of reports by the State Properties Commission with respect to certain proposed acquisitions and leases of real property by units of state government.
Referred to Committee on Appropriations.
SB 9. By Senators Hill of the 4th and Hooks of the 14th:
A bill to amend Part 1 of Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to general authority, duties, and procedures of the Department of Administrative Services relative to state purchasing, so as to provide for legislative intent; to define certain terms; to provide purchasing guidelines for state agencies for paper containing recycled content; to require the use of retreaded tires.
Referred to Committee on Natural Resources.
SB 10. By Senators Hooks of the 14th, Henson of the 55th and Edge of the 28th:
A bill to amend Code Section 12-5-31 of the Official Code of Georgia Annotated, relating to permits for the withdrawal, diversion, or impoundment of surface waters, so as to define a certain term; to amend Code Section 12-5-92 of the Official Code of Georgia Annotated, relating to definitions relative to ground-water use, so as to define a certain term; to amend Code Section 12-5-96 of the Official Code of Georgia Annotated, relating to permits to withdraw, obtain, or use ground water.
Referred to Committee on Natural Resources.

TUESDAY, JANUARY 12, 1993

45

SB 12. By Senators Scott of the 36th, Dawkins of the 45th, Broun of the 46th 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 provide that licensed firearms dealers comply with certain requirements prior to the sale or delivery of a firearm; to amend Article 2 of Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia Crime Information Center; to amend Code Section 15-9-60 of the Official Code of Georgia Annotated, relating to costs in probate courts. Referred to Committee on Judiciary.
SB 13. By Senators Oliver of the 42nd, Egan of the 40th, Starr of the 44th and others:
A bill to amend Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to crimes against the person, so as to provide for the crimes of stalking and aggravated stalking; to amend Article 1 of Chapter 5 of Title 42, relating to correctional institutions of the state and counties, so as to provide for notice to victims of the release from custody of certain persons charged with the offense of stalking or aggravated stalking. Referred to Committee on Judiciary.
SB 14. By Senator Brown of the 26th:
A bill to amend Code Section 3-8-3 of the Official Code of Georgia Annotated, relating to the sale of malt beverages at coliseums, so as to authorize certain coliseum authorities to sell alcoholic beverages for consumption on the premises only upon property owned or controlled by such authorities; to provide that such authorities shall determine by resolution the conditions, including hours and days of sales, under which sales of alcoholic beverages shall be permitted.
Referred to Committee on Consumer Affairs.
SB 15. By Senator Egan of the 40th:
A bill to amend Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to the licensing of physicians, so as to repeal specifically Code Section 43-34-1, limiting the performance of surgery and other invasive procedures; to provide an effective date. Referred to Committee on Health and Human Services.
SB 16. By Senator Egan of the 40th:
A bill to amend Article 1 of Chapter 7 of Title 52 of the Official Code of Georgia Annotated, relating to general provisions applicable to the "Georgia Boat Safety Act," so as to provide for the display of registration decals on both sides of a vessel; to repeal certain provisions relating to a horsepower limitation on Lake Tugalo; to provide for a horsepower limitation on a portion of the Chattahoochee River; to provide an effective date. Referred to Committee on Natural Resources.
SB 17. By Senator Egan of the 40th:
A bill to amend Code Section 33-50-2 of the Official Code of Georgia Annotated, relating to licensing requirements of multiple employer self-insured health plans and exceptions to such requirements, so as to except certain plans or arrangements established by nonprofit educational organizations from the application of Chapter 50 of Title 33; to provide for related matters; to provide an effective date. Referred to Committee on Insurance and Labor.

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SB 18. By Senators Ragan of the llth and Pollard of the 24th:
A bill to amend Chapter 2 of Title 2 of the Official Code of Georgia Annotated, relating to the Department of Agriculture, so as to provide for powers and authority of the Department of Agriculture to assist the United States Department of Agriculture in the inspection, certification, and identification of the class, quality, quantity, and condition of certain agricultural products; to provide for fees and costs; to provide for cooperative agreements. Referred to Committee on Agriculture.
SB 19. By Senators Robinson of the 16th and Harbison of the 15th:
A bill to amend Article 2 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to the control of water pollution and surface-water use, so as to provide that any person operating a combined sewer overflow system in violation of such article shall not be subject to criminal sanctions; to provide that any such person shall not be prohibited from adding any additional sewer connections to such combined sewer overflow system. Referred to Committee on Natural Resources.
SB 20. By Senators Walker of the 22nd and Thomas of the 10th:
A bill to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to repeal Chapter 11 A, relating to dietitians and dietetic counselors; to provide for a new Chapter 11A to be entitled the "Dietetics Practice Act"; to provide for a short title; to provide a purpose; to provide for definitions; to provide for the creation of a board of examiners. Referred to Committee on Health and Human Services.
SB 21. By Senators Pollard of the 24th and Cheeks of the 23rd:
A bill to amend an Act providing for the election of members of the Board of Education of Columbia County, as amended, so as to change the composition of education districts; to provide for elections; to provide for definitions and inclusions; to provide for submission of this Act to the United States Attorney General. Referred to Committee on Urban and County Affairs.
SB 22. By Senators Pollard of the 24th and Cheeks of the 23rd:
A bill to amend an Act creating a new Board of Commissioners of Columbia County, as amended, so as to change the composition of the districts from which members are elected; to provide for elections; to provide for definitions and inclusions; to provide for submission of this Act to the United States Attorney General; to provide when this Act shall be void and stand repealed. Referred to Committee on Urban and County Affairs.
SB 23. By Senators Pollard of the 24th and Cheeks of the 23rd:
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 chairperson of the board of elections. Referred to Committee on Urban and County Affairs.
SB 24. By Senators Cheeks of the 23rd, Pollard of the 24th and Starr of the 44th:
A bill to amend Part 2 of Article 2 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to bingo, so as to provide for the operation of

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47

recreational bingo games which shall not be subject to the same licensing requirements and regulations applicable to certain bingo games operated by nonprofit, tax-exempt organizations.
Referred to Committee on Science, Technology and Industry.
SB 25. By Senators Thomas of the 10th and Walker of the 22nd:
A bill to amend Article 2 of Chapter 26 of Title 43 of the Official Code of Georgia Annotated, relating to licensed practical nurses, so as to change a definition; to change the provisions relating to application for licensure and the qualifications related thereto; to change the provisions relating to issuance of licenses and requirements relating to examinations; to change the provisions relating to licenses by endorsement; to provide for temporary permits.
Referred to Committee on Health and Human Services.
SB 26. By Senators Thomas of the 10th and Walker of the 22nd:
A bill to amend Code Section 49-5-8 of the Official Code of Georgia Annotated, relating to powers and duties of the Department of Human Resources, so as to change the provisions relating to the provision of financial assistance for agencies placing hard-to-place children; to revise the provisions relating to the circumstances and terms of payment.
Referred to Committee on Health and Human Services.
SB 27. By Senators Taylor of the 12th, Henson of the 55th and Brown of the 26th:
A bill to amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, so as to provide for the administrative suspension of a driver's license for a first offense of driving under the influence; to provide for penalties.
Referred to Committee on Judiciary.
SB 28. By Senators Taylor of the 12th, Henson of the 55th and Brown of the 26th:
A bill to amend Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to probation, so as to provide for a definition; to authorize judges to require the installation of an ignition interlock device as a condition of probation for certain persons convicted of the offense of driving under the influence of alcohol or drugs; to require such devices for reinstatement of certain drivers' licenses and as a condition of obtaining a limited driving permit.
Referred to Committee on Judiciary.
SB 29. By Senators Taylor of the 12th, Henson of the 55th and Brown of the 26th:
A bill to amend Code Section 45-12-72 of the Official Code of Georgia Annotated, relating to establishment of the Office of Planning and Budget, so as to provide that positions of employment in said office shall be in the unclassified service of the state merit system of personnel administration; to amend Code Section 4520-2, relating to defined terms relating to the state merit system of personnel administration, so as to make a conforming amendment for the foregoing.
Referred to Committee on Governmental Operations.
SB 30. By Senators Taylor of the 12th, Henson of the 55th and Brown of the 26th:
A bill to amend Part 4 of Article 2 of Chapter 2 of Title 38 of the Official Code of Georgia Annotated, relating to financial and property management of military

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affairs, so as to authorize comprehensive cooperative agreements regarding services and facilities in defense matters among the federal, state, and local governments. Referred to Committee on Defense and Veterans Affairs.
SB 31. By Senators Clay of the 37th, Ragan of the 32nd, Thompson of the 33rd and Isakson of the 21st:
A bill to provide for an additional judge of the superior court of the Cobb Judicial Circuit; to provide for the initial appointment and subsequent election of such judge and of such judge's successors; to amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the number of superior court judges for each of the judicial circuits, so as to provide for an additional judge of the superior court of the Cobb Judicial Circuit. Referred to Committee on Special Judiciary.
SB 32. By Senator Alien of the 2nd:
A bill to amend Code Section 9-2-60 of the Official Code of Georgia Annotated, relating to dismissal of civil actions for want of prosecution, so as to provide that the period of automatic dismissal for want of prosecution shall be lowered from five to three years. Referred to Committee on Judiciary.
SB 33. By Senator Alien of the 2nd:
A bill to amend Code Section 5-5-40 of the Official Code of Georgia Annotated, relating to time of motion for new trial in general, so as to provide that where the grounds of the motion for a new trial require consideration of the transcript of evidence or proceedings, the court shall grant an extension of time not to exceed 120 days. Referred to Committee on Judiciary.
SB 34. By Senator Alien of the 2nd:
A bill to amend Chapter 9 of Title 40 of the Official Code of Georgia Annotated, relating to reporting accidents and proof of financial responsibility, so as to raise the minimum amount of liability insurance required to be kept from $15,000.00 to $25,000.00. Referred to Committee on Judiciary.
SB 35. By Senator Alien of the 2nd:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide for the counting and tabulation of votes cast by absentee ballot not later than closing of the polls on the day of the election or primary; to provide for procedures. Referred to Committee on Governmental Operations.
SB 36. By Senator Alien of the 2nd:
A bill to amend Article 1 of Chapter 3 of Title 19 of the Official Code of Georgia Annotated, relating to general provisions relating to marriage, so as to provide that no common-law marriage shall be entered into in this state on or after July 1, 1993; to provide that otherwise valid common-law marriages entered into prior to July 1, 1993, shall not be affected and shall continue to be recognized in this state. Referred to Committee on Special Judiciary.

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49

SB 37. By Senators Garner of the 30th, Edge of the 28th, Perdue of the 18th and others:
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 the local boards of education shall adopt policies designed to ensure that course materials in sex education and AIDS prevention instruction are appropriate.
Referred to Committee on Education.
SB 38. By Senators Cheeks of the 23rd and Taylor of the 12th:
A bill to amend Code Section 32-6-26 of the Official Code of Georgia Annotated, relating to the weight of a vehicle and load, so as to change the allowable methods for complying with the weight requirements.
Referred to Committee on Transportation.
SB 39. By Senators Slotin of the 39th and Scott of the 36th:
A bill to amend Article 1 of Chapter 9 of Title 10 of the Official Code of Georgia Annotated, the "Geo. L. Smith II Georgia World Congress Center Act," so as to require the authority and its operating agents to meet certain requirements for hiring a certain number of employees from certain residential areas; to define terms; to specify requirements; to provide for certain protections for current employees.
Referred to Committee on Consumer Affairs.
SB 40. By Senators Newbill of the 56th, Clay of the 37th, Glanton of the 34th and others:
A bill to amend Code Section 20-2-282 of the Official Code of Georgia Annotated, relating to the comprehensive evaluation of public schools, so as to provide an exemption from such comprehensive evaluations and standards and procedures relating thereto.
Referred to Committee on Education.
SB 41. By Senators Newbill of the 56th, Clay of the 37th, Glanton of the 34th and others:
A bill to amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions regarding torts, so as to provide for immunity from liability for certain persons who voluntarily and without the expectation or receipt of compensation provide certain services for and at the request and sanction of a public school upon public school property or at a public school sponsored function.
Referred to Committee on Special Judiciary.
SB 42. By Senators Newbill of the 56th, Clay of the 37th, Glanton of the 34th and others:
A bill to amend Part 1 of Article 2 of Chapter 7 of Title 16 of the Official Code of Georgia Annotated, relating to general provisions regarding criminal trespass, so as to create the offense of school trespass; to provide for penalties.
Referred to Committee on Special Judiciary.

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SB 43. By Senators Newbill of the 56th, Clay of the 37th, Gochenour of the 27th and others:
A bill to amend Part 1 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the purpose of the "Quality Basic Education Act," so as to add certain goals to the Act. Referred to Committee on Education.
SB 44. By Senators Newbill of the 56th, Clay of the 37th, Glanton of the 34th and others:
A bill to amend Code Section 20-2-155 of the Official Code of Georgia Annotated, relating to climate management and in-school suspension, so as to provide for the qualifications of persons in charge of in-school suspension classes.
Referred to Committee on Education.
SB 45. By Senators Newbill of the 56th, Clay of the 37th, Glanton of the 34th and others:
A bill to amend Article 1 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the State Board of Education, so as to change certain requirements regarding public hearings by members of the State Board of Education.
Referred to Committee on Education.
SR 5. By Senators Garner of the 30th, Robinson of the 16th and Hill of the 4th:
A resolution proposing an amendment to the Constitution so as to provide for limitations on the number of consecutive full terms of office which may be served by members of the House of Representatives and Senate of the State of Georgia, the Lieutenant Governor, the Secretary of State, the Attorney General, the State School Superintendent, the Commissioner of Insurance, the Commissioner of Agriculture, the Commissioner of Labor, and members of the Public Service Commission; to provide for the submission of this amendment for ratification or rejection. Referred to Committee on Special Judiciary.
SR 6. By Senators Garner of the 30th, Robinson of the 16th, Thompson of the 33rd and others:
A resolution proposing an amendment to the Constitution so as to provide that no law providing for or increasing any tax, fee, or assessment for state purposes shall become effective unless such law is approved by two-thirds of the members elected to each branch of the General Assembly in a roll-call vote; to provide for the submission of this amendment for ratification or rejection. Referred to Committee on Finance and Public Utilities.
SR 7. By Senators Scott of the 36th, Robinson of the 16th and Oliver of the 42nd:
A resolution creating the Task Force on Educational Outcomes Based Flexibility. Referred to Committee on Education.
SR 8. By Senators Scott of the 36th and Oliver of the 42nd:
A resolution creating the Capital Outlay for Education Task Force. Referred to Committee on Education.

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51

SR 9. By Senators Garner of the 30th, Robinson of the 16th and Dawkins of the 45th: A resolution requesting development of a multiyear plan to reduce personnel expense in state government.
Referred to Committee on Appropriations.
SR 39. By Senators Slotin of the 39th and Scott of the 36th: A resolution creating the Senate Study Committee on Year-Round Education.
Referred to Committee on Rules.
SR 59. By Senators Newbill of the 56th, Glanton of the 34th, Gochenour of the 27th and others: A resolution urging the Georgia congressional delegation to take all necessary action to curb unfunded federal mandates imposed upon the states.
Referred to Committee on Rules.
SR 60. By Senators Newbill of the 56th, Clay of the 37th, Glanton of the 34th and others: A resolution urging postsecondary educational institutions to implement ethics and professional practices training for students in teacher education programs.
Referred to Committee on Higher Education.
The President called for the morning roll call, and the following Senators answered to their names:

Abernathy Alien Balfour
Baugh Blitch Boshears
B"rou"n o,f 4,6t,h Brown of 26th BChuerteokns Q Coleman Crotts Dawkins Day Dean Edge Egan

Farrow Garner Gillis
Gochenour Harbison Hemmer
H^e^nson Hookg Huuggms Isakson KemP Langford of 35th Langford of 29th Madden Marable Middleton Newbill

Oliver Parrish Perdue
Pollard Ragan of llth Ragan of 32nd
R^alston Robinson cSco^tt Slotin Starr Taylor Thomas Thompson Turner Tysinger Walker

Not answering was Senator Glanton.

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

Senator Day of the 48th introduced the chaplain of the day, Dr. Rushton Ricketson, pastor of the North Lanier Baptist Church, Gumming, Georgia, who offered scripture reading and prayer.

The Lieutenant Governor introduced Honorable Nathan Deal, U. S. Representative of

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Georgia's Ninth District, and a former Senator of the 49th District and President Pro Tempore of the Senate, who briefly addressed the Senate.
The following resolutions of the House were read and put upon their adoption:
HR 4. By Representatives Murphy of the 18th, Connell of the 115th, Walker of the 141st and others: A resolution calling a Joint Session of the House of Representatives and the Senate at 10:45 o'clock A.M. on Tuesday, January 12, 1993, in the Hall of the House of Representatives for the purpose of hearing the State of the State message from His Excellency, Governor Zell Miller, at 11:00 o'clock A.M.
On the adoption of the resolution, the yeas were 42, nays 0.
The resolution, having received the requisite majority, was adopted.
The President appointed as a Committee of Escort on the part of the Senate the following:
Senators Taylor of the 12th, Brown of the 26th, Henson of the 55th, Egan of the 40th, Gillis of the 20th, Oliver of the 42nd and Boshears of the 6th.
HR 5. By Representatives Murphy of the 18th, Connell of the 115th, Walker of the 141st and others: A resolution inviting the Justices of the Supreme Court and the Judges of the Court of Appeals to be present at the Joint Session of the House of Representatives and the Senate at 10:45 o'clock A.M. on Tuesday, January 12, 1993, to hear the State of the State message from His Excellency, Governor Zell Miller.
On the adoption of the resolution, the yeas were 38, nays 0.
The resolution, having received the requisite majority, was adopted.
The following resolutions of the House and Senate were read and adopted:
HR 6. By Representatives Murphy of the 18th, Connell of the 115th, Walker of the 141st and others: A resolution calling a Joint Session of the House of Representatives and the Senate at 10:45 o'clock A.M. on Wednesday, January 13, 1993, in the Hall of the House of Representatives for the purpose of hearing an address by the Honorable Harold G. Clarke, Chief Justice of the Supreme Court of Georgia, at 11:00 o'clock A.M.
HR 7. By Representatives Murphy of the 18th, Connell of the 115th, Walker of the 141st and others: A resolution calling a Joint Session of the House of Representatives and the Senate at 10:45 o'clock on Thursday, January 14, 1993, in the Hall of the House of Representatives for the purpose of hearing the Budget message from His Excellency, Governor Zell Miller, at 11:00 o'clock A.M.
The President appointed as a Committee of Escort on the part of the Senate the following:
Senators Taylor of the 12th, Brown of the 26th, Henson of the 55th, Gillis of the 20th, Newbill of the 56th, Starr of the 44th and Tysinger of the 41st.

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HR 8. By Representatives Murphy of the 18th, Connell of the 115th, Walker of the 141st and others:
A resolution relative to adjournment by the General Assembly at 5:00 o'clock P.M. on Friday, January 15, 1993, and to reconvene on Monday, February 1, 1993; 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.
SR 13. By Senators Bowen of the 13th, Ragan of the llth, Turner of the 8th and Taylor of the 12th:
A resolution commending the Mitchell-Baker High School Eagles football team.
SR 23. By Senators Cheeks of the 23rd and Pollard of the 24th:
A resolution commending the spouses of members of the General Assembly.
SR 31. By Senator Dean of the 31st:
A resolution honoring Mr. John Helms.
SR 56. By Senators Newbill of the 56th and Day of the 48th:
A resolution commending Pinckneyville Middle School.
SR 57. By Senators Bowen of the 13th, Ragan of the llth, Turner of the 8th and Taylor of the 12th:
A resolution commending the Mitchell-Baker High School Eagles varsity cheerleaders.
SR 58. By Senators Newbill of the 56th and Day of the 48th: A resolution commending R. D. Head Elementary School.
SR 61. By Senator Cheeks of the 23rd:
A resolution commending and recognizing the Columbia County Dixie Boys AllStar baseball team.
Senator Egan of the 40th introduced the doctor of the day, Dr. Joy A. Maxey, of Atlanta, Georgia.
The President announced that, following the Joint Session of the Senate and House called for the purpose of hearing the State of the State message from His Excellency, Governor Zell Miller, at 11:00 o'clock A.M., the Senate would stand adjourned until 10:00 o'clock A.M. tomorrow.
The hour for convening the Joint Session of the Senate and House having arrived, the President, accompanied by the Secretary and the Senators, proceeded to the Hall of the House of Representatives, and the Joint Session called for the purpose of hearing the State of the State message from His Excellency, Governor Zell Miller, was called to order by the President of the Senate, Lieutenant Governor Pierre Howard. HR 4, authorizing the Joint Session of the Senate and House, was read by the Clerk of the House.

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His Excellency, Governor Zell Miller, addressed the Joint Session of the Senate and House of Representative as follows:
STATE OF GEORGIA OFFICE OF THE GOVERNOR
ATLANTA 30334
Lieutenant Governor Howard, Speaker Murphy, Members of the General Assembly, Members of the Consulate Corps, Members of the Judiciary, ladies and gentlemen.
I thank you for this opportunity to once again come before you and report on the state of this great State of Georgia.
And I will tell you this up front: Its state government is serving more people and is leaner and more streamlined than at any time in our history. As Dizzy Dean used to say, you can look it up.
In this past two years, state spending rose much faster around the South than it did in Georgia. And nationally, the average growth rate for state spending was five times higher than it has been in Georgia.
The revenue estimate I gave you last week for FY '93 is only 4 percent higher than the revenue estimate I inherited for FY '91 two years ago.
Four percent! Yet during the same two years, our public school enrollment grew by 5 percent; our University System enrollment grew by more than 10 percent; our AFDC cases grew by 26 percent; and our Medicaid recipients grew by 30 percent.
Careful management and improved efficiency has enabled us to offer a consistent level of state services in spite of these dramatic increases in the number of our citizens being served.
Two years ago, I pointed out that the state payroll had grown by 12,000 jobs between 1987 and 1991. And we cut 5,000 positions from the state budget during my first year in office. We have continued to prune the state payroll, with a net decrease of nearly 1,500 employees during fiscal year 92 an exception to the rule around the South, where most states increased, not decreased state employment.
Georgia also has one of the lowest debt levels among the 50 states ranking 46th in debt per capita and 45th in debt relative to budget size. Needless to say, we continue to maintain top-level bond ratings.
November's revenue increase broke into double-digits for the first time in two and a half years. And December was another good month, even without the tax amnesty income.
And now, even as revenues improve, we are continuing to carefully prune and trim away any excess we can find in state government.
Because of this careful financial management, we have saved enough money to allow us now to meet our mid-year funding needs for our schools and Medicaid, and at the same time to reduce this year's revenue estimate by $75 million, which, added to the $44 million from the tax amnesty program, gives us a cushion of $120 million.
Last year on this occasion I outlined a comprehensive legislative package called Georgia Rebound, and I thank you for adopting it. It addressed the education, economic development, public safety and environmental needs of this state.
Georgia Rebound contained a number of economic development initiatives, like the tax credit for new jobs, which brought a major Cargill poultry processing operation to the Dooly-Macon County area almost immediately.
But the Georgia Rebound initiative that may mean the most in the long run is one that got little attention the reconstitution of the Governor's Economic Development Council into a working public-private partnership.

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This Council, made up of some of Georgia's most able business leaders, has begun the task of reforging Georgia's economic development strategy to meet the needs of the 21st century.
We are expanding beyond our traditional approach of just recruiting businesses from other places, to supporting existing industry, expanding our exports, encouraging new technology companies, promoting unique regional strengths within the state and developing the broader infrastructure that modern industry must have.
Preservation 2000 is another public-private initiative of this administration to preserve an additional 100,000 acres of natural recreational and wilderness area.
We have already preserved scenic wilderness from Tallulah Gorge to Little Tybee and Cabbage Islands, from Buffalo Swamp on the Altamaha River to Sprewell Bluff on the Flint.
The total acreage identified for protection is nearing our goal of 100,000 acres. And more than half of it is either already preserved or presently under negotiation.
In the area of public safety, we have created 2,172 boot camp beds in the past two years. And even as the skeptics were shaking their heads, Georgia's boot camps were becoming the model for the rest of the nation.
They separate young drug offenders from the influence of harder criminals in prisons and put them through a highly disciplined, basic training regimen combined with drug treatment and education to prepare them for a successful time of supervised probation.
Not only are these boot camps effective, but they are also much cheaper than prisons.
It costs $2,500 a bed to build a boot camp using inmate labor, compared to $27,000 a bed for a prison. It costs $42 a day for each prison inmate, but only $25 a day for an offender in a boot camp.
Our goal is to make sure that our prison beds are used for criminals who really need to be behind bars and stay behind bars. And during the past two years we have brought 4,300 prison beds on line and ended the practice of early release of inmates.
This session, I will propose giving our courts the option of imposing a sentence of life without parole if aggravating circumstances warrant it.
Right now, as all of you know, our so-called "life" sentences are one of the greatest frauds ever perpetuated on the public. I think it's time we had a sentence that means what it says life in prison.
I am also proposing a bill to allow victim impact statements in court in cases involving capital felonies.
We already allow victim impact statements in all but capital felonies, and this bill simply fills in that missing piece. Georgia is the only one of the 50 states that does not have such a provision.
For the third straight year, I am continuing my efforts to crack down on drunk driving.
Some of you have seen the portrait of a lovely and intelligent young woman on the table beside my desk. She is not my daughter or granddaughter. In fact, I never met her, I never had the chance.
She was killed a year ago by a drunk driver, snuffed out on the threshold of becoming a leader among the next generation of Georgians.
After her death, her father asked me to put her picture in my office. And it reminds me daily of the devastating cost we pay by allowing drunk driving on our highways.
So here I come again I'm back with a bill to require immediate driver's license suspension for first-time offenders.
I also want to give judges the option of requiring ignition interlock devices that lock a

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car's ignition until the driver passes a breath test. Because the best way to stop drunk driving is to stop drunks from driving.
There is nothing more important in my administration, nothing more critical to Georgia's future, than education.
During the past two years, we have made some significant strides:
we have moved to elected school boards and appointed superintendents;
we have begun a new program of fewer but tougher student tests;
we have created Georgia 2000 to support local community partnerships as they work toward the six national education goals;
we have streamlined teacher certification procedures;
we have undertaken the largest construction program in Georgia history for our schools;
we have provided computers to begin to ease the paperwork for teachers and administrators;
we have expanded the Governor's Scholarship Program;
we have placed counselors in all middle schools;
we have established the School Leadership Institute to teach school leaders how to bring about innovation and positive change in their own schools;
we have piloted the Family Connection to coordinate family social services for at-risk kids, so that students and teachers can focus on learning in the classroom. The initial funding for this innovative program came from a private foundation, and Georgia is now a finalist in a nationwide competition for a prestigious Pew Grant.
Last year, we also began a telecommunications initiative that included Distance Learning to bring world-class educational resources into every school, no matter how small.
Two thousand Georgia students are now taking courses by interactive satellite or fiberoptic networks, and I am proposing that we use lottery proceeds to put a satellite dish in every single school, technical institute and University System college in this state.
While I'm talking about telecommunications, let me mention our Telemedicine program, which is so sophisticated that a medical specialist in Augusta can look inside the ear of a patient in Eastman. The New York Times reports that it is the most sophisticated program of its kind in the nation.
It has the potential to completely revolutionize health care in rural Georgia.
The lottery is going to make some significant new things possible for our schools.
The law provides that we use the lottery proceeds for pre-kindergarten, tuition scholarships and loans, and special equipment and capital needs. Let me tell you briefly why these three programs are so important.
First, pre-kindergarten. Because that is where it all starts.
A recent study by the Carnegie Institute shows that 40 percent of Georgia's five-yearolds are struggling in kindergarten.
Our first priority will be these at-risk kids, and we have already begun to target them with pilots. Then, we will expand pre-kindergarten as communities are ready and lottery proceeds are available.
I want to emphasize that pre-kindergarten will be voluntary voluntary by the parent and voluntary by the school system.
We will invite individual communities to develop a plan that would be efficient and

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effective for them. It could be part of the traditional school system. But it could also be an expanded Head Start program, or even a new or expanded private, non-profit program.
Second, I propose a unique and far-reaching scholarship program called HOPE Helping Outstanding Pupils Educationally. There will be nothing else like it in the United States.
It has never been more important for our students to go to college, but it has never been harder for their families to pay for it.
HOPE would give any high school student with a "B" average a certificate good for free tuition at any University System college where they are accepted, if their family income is less than $66,000 a year.
If they have a "B" average in their freshman year, then they could get a tuition loan for their sophomore year. And if they keep a "B" average for their sophomore year, the loan is forgiven.
HOPE would also provide free tuition for all the diploma-granting programs at our state technical institutes.
And for those Georgians who go back to get their GED there were 16,000 last year I propose a $500 certificate for books, materials or fees at a public college or technical institute.
Finally, our private, independent colleges save us the cost of University System funding for their Georgia students.
And for 20 years now, we have given tuition equalization grants to these colleges for Georgia students, helping to offset the higher tuition they must charge. I propose increasing these grants from $1,000 to $1,500 for freshmen and sophomores at our independent colleges.
The third lottery program for special equipment and construction gives us the "chance of a lifetime" to bring technology into our schools.
Our classrooms should be in the forefront of technology the place where our children encounter technology and learn to really use it.
Unfortunately, the exact opposite is true. Of all the places in our children's lives, our classrooms offer the least technology.
There is more technology in a supermarket check-out line than in the average classroom. There are 10 times more Nintendos in our homes than computers in our classrooms.
Banks have automatic teller machines, but classroom math is stuck in the days when human tellers wrote in passbooks by hand.
I propose an early learning computer lab for every single elementary school in this state and regional computer centers to train our teachers in how to use technology in their classrooms.
I propose a computer lab at each one of our 32 technical institutes to train students in job-related computer skills.
And I propose more computers for adult literacy programs, because more than half of Georgia's work force is either illiterate or has only marginal skills.
And for our University System a trust fund for equipment and construction that would provide a one-for-one match for private contributions.
I'll elaborate on these programs a little more in my budget message on Thursday.
Right now I want to simply emphasize that this money from the lottery does not supplant let me repeat, does not supplant one single red cent of existing educational funds.
But it provides a whole range of new and exciting enhancements and improvements

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that address critical needs in education improvements for our children that go into every single school, college and technical institute in the entire State of Georgia.
Too many of our schools are caught in a time warp. That's why I want to create an environment that allows for experimentation and dramatic change in how we educate our children.
I am proposing a program, that will allow local schools more freedom than they've ever had before to create better, more up-to-date learning environments for children.
These schools will operate under a charter agreement with their local system and the state Board of Education to work toward the six national goals in education.
They will be free from state regulations, state restrictions and limitations, and instead will be held accountable to performance-based evaluations and measures.
To provide their funding, I propose a unique public and private partnership that includes some of this state's top business leaders.
We call it the Next Generation Schools Project. It will pool private, state and local education funds in a one-third/one-third/one-third match.
All these new educational initiatives are geared toward keeping children in school so they are better prepared to enter the work force.
That is why I believe we should increase the compulsory school age from 16 to 17 next school year, and then from 17 to 18 the following school year.
Six other southern states have already raised their compulsory age to 17 or 18. We cannot allow Georgia to continue to drag along at the tail end.
Georgia has some of the best teachers to be found anywhere in this country, but we still need to recruit even more highly qualified teachers.
To help that situation, I will soon execute an agreement with the U. S. Department of Defense to allow Georgia to fast-track military personnel who have the necessary skills to make the transition into teaching careers.
Senator Nunn has been the leading proponent of this idea on the national level, and I am proud that Georgia will be one of the first states to put it to work.
I also propose we create a Georgia Council for School Performance, a neutral voice made up of business and professional leaders, to offer an annual, impartial evaluation of the progress we are making in our schools.
Georgians have always valued family, individual responsibility and hard work. Our present welfare system undermines every one of those values. It promotes single-parenthood; it promotes dependence.
While AFDC may be a "hand up" for some, for far too many it has become just a "handout." A full 25 percent of the Americans on welfare remain there for more than 10 years.
I believe that welfare recipients should not be immune from the realities and the personal obligations that face hard-working Georgians every day.
We must offer opportunity and incentives for people to take responsibility for their own lives, not encourage them to surrender their lives to a faceless bureaucracy, where the check just shows up automatically in the mailbox each month.
Congress has recently changed the requirements governing AFDC to allow for some state-level reforms.
And I believe that we must take advantage of this opportunity, as other states are doing, to create a welfare system in Georgia that is both more effective in achieving its goals and more efficient in using the tax dollars that support it.
The money for AFDC comes out of the pocketbooks of hard-working Georgians, and I

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cannot recommended simply taking more of their money. We must try to make the system more efficient, more effective and free from abuse.
First, I propose we expand the PEACH program to give welfare recipients education, job skills and help in finding jobs.
I propose that we bring the Georgia Labor Department into AFDC and food stamp offices to assist able-bodied persons in finding work and identify those who refuse to work.
We've had an all-out effort going to crack down on absentee parents who fail to pay child support. And as a result, the Office of Child Support Enforcement last year increased its collections from absent parents by 22 percent. But we can do even better. I will propose a new reporting system that will give the Office of Child Support Enforcement better and more up-to-date information.
And, yes, I will propose that we not increase benefits for a recipient who, while on the AFDC rolls, has another child. Welfare families should assume the same sort of decisionmaking responsibility that everybody else faces in deciding whether or not to have an addition to the family.
I will propose that unwed teen mothers continue to live with a parent or guardian to receive AFDC benefits, encouraging families to stay together and teenage mothers to stay in school.
But while we are shifting the focus to a second chance for parents, I, like you, do not want their children to suffer. And that is why I will propose an expansion of Medicaid benefits for dependent children.
We all know the growing problems with our health-care system. Roughly 1.5 million Georgians have no health insurance, and millions more fear they may lose theirs.
This is not just a problem for our people; it's a problem for our economy. Georgia employers are paying an average of $3,600 per employee for health insurance.
It's also a problem for every single Georgia taxpayer. Because the state buys heath care for nearly 1 million Medicaid recipients and insurance for state employees and their families. The state is being hit just as hard as every private sector employer.
Some might argue that 1993 is not the right time to take strong action on health care at the state level, with a new administration taking office in Washington. I think they're wrong.
Every signal coming out of Washington since election day indicates that the states will be given a key role in managing health costs and expanding coverage, no matter what specific plan is adopted.
There are six elements to my package of health-care proposals. The first two build on the hard work of Insurance Commissioner Tim Ryles in promoting both greater access and lower costs for private health insurance.
Most of you are familiar with this plan already. It authorizes the state to work with health insurers to develop three voluntary statewide plans, aimed at making affordable health insurance available to all Georgians regardless of age, medical condition, place of residence or job status.
It would enable Georgians to retain their health coverage while changing jobs. It would help control costs. It would encourage preventive health measures. And, very importantly, it would not require any new taxes.
Second, I will propose legislation to enable the Insurance commissioner to develop a variation of the low-cost, no-frills Basic Health Plan he has already worked out with insurers. This variation will be aimed at the specific health needs of children.
I want to target families with children between the ages of 1 and 6, and incomes between 100 and 185 percent of the federal poverty level. These children are not now eligible for Medicaid coverage.

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I intend to seek a waiver from the federal government to permit us to use dollars from the Indigent Care Trust Fund plus federal Medicaid matching money to purchase this new basic coverage for these children.
Third, I am proposing an immediate step to make health insurance available to about 108,000 Georgians, most of them children, through Medicaid. Beginning in July, I want to make Medicaid available to pregnant women and infants in families with incomes up to 185 percent of the federal poverty level the maximum allowable under federal law.
At the same time, we would cover under Medicaid kids up to age 19 from families with incomes up to 100 percent of the poverty level. Now we cover them only to age 9.
This initiative will mean more healthy babies and more healthy children ready to learn. We cannot continue to bear the human and financial costs associated with lack of access to prenatal and preventive care for these Georgia children.
It will be financed through payments into the Indigent Care Trust Fund by disproportionate-share hospitals, a system that we believe the federal government will approve.
Fourth, I propose that Georgia begin a pilot "Primary Care Case Management" program, based on a successful system pioneered in Kentucky. This initiative, recommended by the Williams Commission, would place doctors in charge of decisions on procedures and referrals for Medicaid patients.
By avoiding unnecessary referrals and high-cost visits to emergency rooms, these physicians can help make sure Medicaid patients get the care they need, while significantly cutting costs.
Fifth, I will propose funding for our Office of Health Data Collection to make its comparative data on medical charges broadly available to the public. This will help individuals and employers to choose the most cost-effective providers, ultimately reducing costs.
Sixth and finally, I will create by executive order a Governor's Commission on Health Care.
It will develop a broad plan for reforming health care financing in Georgia, with special emphasis on preparing our state for the new responsibilities we will inherit under a national health care reform effort.
The commission will be composed of representatives of the state agencies involved with health care; our cities and counties, and the business community.
It will be served by a panel of distinguished health-care experts and will be charged with soliciting advice from consumers, providers and insurers.
I am pleased and proud to announce that former Congressman Ed Jenkins has agreed to serve as the commission's chairman. I cannot imagine a more qualified individual to head this effort.
These are just a few of the legislative recommendations I will be making to you during these busy 40 days. They continue the central priority of this administration to prepare Georgia for the 21st century.
But in addition to the primary task of preparing our infrastructure and our programs for a new century, we should also be preparing our hearts and our attitudes for a new South.
Next week, Bill Clinton will become the third consecutive Democratic president from the South. And for the first time since 1828, when Andrew Jackson and John C. Calhoun took office, two sons of the South will assume the top two positions in the United States government.
The South is the fastest growing area in the country. And our dominance in national leadership and the economy reflects our growing prominence in the world.

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Yet, at the very time when all southerners may rightly take pride in this region's current success, some Georgians persist in believing that the pride of the South is better defined by a symbol of defiance and intolerance the Confederate Battle Flag, which was imposed on our state flag in 1956.
Of all the arguments that have been made for keeping this flag, the most infuriating to me is the contention that if we don't, we will somehow forget the sacrifices made by those who fought for the Confederacy.
We will not forget. We cannot forget. Our graveyards, our literature, and many of our own family histories will forever keep alive the memory of those who died for the Confederacy and the memory of those whose freedom from slavery depended on the Confederacy's defeat.
I certainly cannot forget my own Confederate ancestors. I will never forget my greatgrandfather, Brantley Bryan, who was wounded while fighting with Stonewall Jackson at Chancellorsville, then wounded again and more severely at Gettysburg in the same battle that took his brother's life.
But I also cannot forget the many millions of Georgians, my ancestors and yours, who also made sacrifices in other wars both before and after the War Between the States.
And in reverence to their memory, I cannot accept the idea that the brief, violent and tragic period of the Confederacy is the only part the only part of our long history that defines our identity and our traditions.
Georgia will be 260 years old next month. For 43 of those years, we were a British colony; for 11 years a sovereign state under the Articles of Confederation; and for more than 200 years a member of the United States.
For four brief years that's 1.5 percent of our state's entire history Georgia was a member of the Confederate States of America. Yet it is the Confederacy's most inflammatory symbol that dominates our flag today.
We all know why. And it has nothing to do with the bravery of the Confederate troops. You may quibble all you want about who said what in 1956.
It is clear the flag was changed in 1956 to identify Georgia with the dark side of the Confederacy that desire to deprive some Americans of the equal rights that are the birthright of all Americans, and yes, the determination to destroy the United States if necessary to achieve that goal.
The legislators who voted to change the flag in 1956 were prepared to defy the Supremacy Clause of the U. S. Constitution. They were prepared to eliminate our public schools and even prohibit our college football teams from competing in bowl games in order to maintain segregated schools, segregated public transportation, segregated drinking fountains and segregated recreational facilities.
We have long since repudiated every element of those shameful 1956 days of defiance except for the flag they created.
We now proudly send our sons and even our daughters abroad to defend the United States of America.
Yet we maintain as a symbol of our state a flag that challenges the very existence of the United States of America. And a flag that exhibits pride in the enslavement of many of our ancestors.
There is one, and only one, argument for maintaining the current flag: the polls. The polls say it is popular.
I submit to you that this one issue, by its very nature, transcends this particular session and this particular climate of opinion. It goes to our identity as a state, and it goes to our legitimacy as public officials.

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Very probably this one vote will be the only one for which this General Assembly is ever remembered, and the one vote for which each and every one of you will be held accountable, not just by your constituents, but by posterity and history.
You will have to live with this one decision far beyond the next election 10 years from now, 30 years from now, to the end of your public career, to the end of your life. If you don't believe me, think about those Congressmen who followed the polls of their day and voted against the Civil Rights Act of 1964. Some were ruined, and the rest forever regretted it.
I submit to you that you cannot escape this individual decision. You cannot hide in the crowd.
This issue will not go away, and I do not believe a single one of you in this chamber really believes that the present flag will survive for very long into the future.
So, that brings it down to a matter of sheer guts. Will you do the easy thing, or the right thing? When your grandchildren read about this in school and ask you how you voted, will you be able to answer in a forthright manner, or will you say, "Well, you see, the polls looked bad back then"? Or, "I wanted a referendum first"?
Will you proudly act as an individual or will you just go along with the crowd?
My all-time favorite move is To Kill a Mockingbird -- the Academy Award winner based on Harper Lee's story about life in the South in the early 1900's, with Gregory Peck as Atticus Finch, a lawyer raising two small children.
In that movie's key scene, Atticus is defending a black man unjustly accused of rape, and a lynch mob tries to take justice into its own hands. As Atticus confronts the mob at the jailhouse door, his daughter, Scout, joins him and sees that the leader is someone she knows. And she calls him by name.
"Hey, Mr. Cunningham remember me? You're Walter's daddy. Walter's a good boy. Tell him I said hello."
After a dramatic pause, Mr. Cunningham turns and says to the mob, "Let's go, boys."
A group bent on injustice, turned aside by one small girl who appealed to them as individuals.
Well, my friends in this chamber, I know you. And I appeal to each of you as individuals as fathers and mothers, as neighbors and friends, most of whom were taught in Sunday Schools to "do unto others as you would have them do unto you."
Leaders of this General Assembly I know you. I know the love and dedication you have exhibited over the years to your children and grandchildren and so often to the underdog in a fight.
Let that love manifest itself now in a way that will crown your proud careers with the glory you deserve not with the scorn of posterity that will obscure forever your proper respect.
Veteran legislators those who remember the segregationist frenzy that changed the flag before I know you. Rarely does one have a chance to rewrite one's own personal history and erase one great blot.
You do. Take it before it is too late.
Rising stars who aspire to future leadership I know you. I know you are doubly tempted to hedge on an issue where both popular opinion and the powers that be blow harsh against your principles.
But, my friends, you cannot lead with a finger raised to the wind and an ear to the ground it's an undignified position.
Lead now, or you find it very difficult to lead in the future.

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Republicans, believe it or not, I know you. I respect your traditions, and the rebel yell of the lost cause sounds especially harsh and awkward in your throats. Your vote on this issue will say much about where you aim to take the party of Lincoln in a changing state.
Freshman legislators I don't know you yet, but I do understand the desire for change that brought you here and the unlimited horizons you face. If you vote against changing the flag, then, no matter what other innovations you may promote, you will forever be cast as a member of a rear-guard faction that refused to hear change knocking on the door.
Oh yes, you can be reelected, not just in 1994 but perhaps, again and again. But in your quest for change, you will never overcome this one retrograde vote.
I know you, members of the General Assembly. And I hope you know me well enough to know that I am dead serious about this issue. And, to paraphrase Rhett Butler, frankly, my dear friends, I do give a damn.
Since 1789, Georgia's motto has been: "Wisdom, Justice, Moderation." There is nothing wise, just or moderate in a flag that reopens old wounds and perpetuates old hatreds.
Our battlefields, our graveyards, our monuments are important reminders of our history, both the proud and the painful. They will and always should be there. That's history.
But our flag is a symbol a symbol of what we stand for as a state.
I want to see this state live by the words of George Washington to the sexton of the Rhode Island synagogue: "Ours is a government which gives to bigotry no sanction, to persecution no assistance."
If you're truly proud of the South, if you're truly proud of this state, and all its 260 years, if you look forward and want to play a significant part in what Georgia can become, then help me now to give bigotry no sanction, and persecution no assistance.
Senator Robinson of the 16th moved that the Joint Session be now dissolved, and the motion prevailed.
The President of the Senate announced the Joint Session dissolved.
Pursuant to the provisions of a previously adopted motion, the Senate stood adjourned until 10:00 o'clock A.M. tomorrow.

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Senate Chamber, Atlanta, Georgia Wednesday, January 13, 1993 Third Legislative Day
The Senate met pursuant to adjournment at 10:00 o'clock A.M. today and was called to order by the President.
Senator 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 46. By Senator Walker of the 22nd: A bill to amend Part 3 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to public school health, so as to authorize local boards of education to provide for health services; to provide for a short title, legislative intent, and definitions; to provide for health services plans and the authority and duties of local boards of education with respect to those plans; to provide for immunity from liability.
Referred to Committee on Health and Human Services.
SB 47. By Senator Walker of the 22nd: A bill to amend Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, so as to prohibit certain motor vehicle insurers and insurance policies from requiring the use of certain companies or locations for glass replacement or repair services or products insured by such policies; to prohibit certain acts in furtherance of the prohibition.
Referred to Committee on Insurance and Labor.
SB 48. By Senator Walker of the 22nd: A bill to amend Chapter 39 of Title 43 of the Official Code of Georgia Annotated, relating to psychologists, so as to change a definition; to change certain provisions relating to the practice of psychology without a license; to change a penalty provision; to amend Code Section 43-34-26 of the Official Code of Georgia Annotated, relating to practicing medicine without a license, so as to include a reference to psychology.
Referred to Committee on Health and Human Services.
SB 49. By Senators Walker of the 22nd, Gillis of the 20th, Slotin of the 39th and others: A bill to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to change the composition and powers of county boards of health; to amend Title 37 of the Official Code of Georgia Annotated, relating to mental health, so as to change certain definitions; to provide for legislative findings and purposes.
Referred to Committee on Health and Human Services.
SB 50. By Senator Burton of the 5th: A bill to amend Article 1 of Chapter 8 of Title 16 of the Official Code of Georgia Annotated, relating to offenses involving theft, so as to change the provisions

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relating to conversion of payments for real property improvements and the penalties therefor; to change the provisions relating to intent to defraud and evidence thereof.
Referred to Committee on Special Judiciary.
SB 51. By Senators Gillis of the 20th, Huggins of the 53rd and Perdue of the 18th:
A bill to amend Code Section 12-6-5 of the Official Code of Georgia Annotated, relating to the powers and duties of the State Forestry Commission, so as to authorize the director of the State Forestry Commission to accept the service of unpaid volunteers for certain duties; to authorize the reimbursement of such persons for certain expenses; to provide that such persons shall not be employees of the state.
Referred to Committee on Natural Resources.
SB 52. By Senators Taylor of the 12th, Bowen of the 13th, Ragan of the llth and Hooks of the 14th:
A bill to amend Article 7 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, the "Uniform Commercial Driver's License Act," so as to change the penalties for operating without a commercial driver's license.
Referred to Committee on Public Safety.
SB 53. By Senator Alien of the 2nd:
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 procedures for contesting disapproval.
Referred to Committee on Governmental Operations.
SB 54. By Senator Alien of the 2nd:
A bill to amend Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to personnel administration of public employees, so as to provide that certain correctional officers shall be afforded two breaks during each eight-hour shift; to provide that such breaks may be delayed or suspended under certain conditions.
Referred to Committee on Governmental Operations.
SB 55. By Senator Alien of the 2nd:
A bill to amend Article 2 of Chapter 10 of Title 45 of the Official Code of Georgia Annotated, relating to conflicts of interest, so as to authorize officers and employees of the state to engage in political activities under certain conditions.
Referred to Committee on Governmental Operations.
SB 56. By Senator Abernathy of the 38th:
A bill to amend Chapter 34 of Title 33 of the Official Code of Georgia Annotated, known as the "Georgia Motor Vehicle Accident Reparations Act," so as to provide for the payment of benefits by insurers generally; to provide for proceedings upon the failure or refusal of insurers to pay benefits.
Referred to Committee on Insurance and Labor.

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SB 57. By Senators Crotts of the 17th, Gochenour of the 27th, Ragan of the 32nd and others:
A bill to amend Article 1 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to general provisions relative to elections and primaries, so as to provide that United States senators and United States representatives from Georgia shall serve no more than 12 years in such offices; to provide for applicability; to provide for persons appointed to fill vacancies in such offices. Referred to Committee on Special Judiciary.
SB 58. By Senators Newbill of the 56th, Ralston of the 51st, Clay of the 37th and Ragan of the 32nd:
A bill to amend Article 5 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to aid to families with dependent children, so as to eliminate certain benefit increases for additional children paid under said article; to require submission of this Act for certain federal approval; to provide for automatic repeal of this Act under certain circumstances. Referred to Committee on Health and Human Services.
SB 59. By Senators Newbill of the 56th, Ralston of the 51st, Day of the 48th and others:
A bill to amend Code Section 20-2-281 of the Official Code of Georgia Annotated, relating to assessments of educational programs, so as to provide for the availability of curriculum-based assessment results to students and their parents. Referred to Committee on Education.
SB 60. By Senators Isakson of the 21st, Edge of the 28th, Ralston of the 51st and others:
A bill to amend Article 2 of Chapter 5 of Title 28 of the Official Code of Georgia Annotated, relating to fiscal affairs subcommittees, so as to provide for periodic review of all departmental programs which require continuing appropriations; to provide for annual reports to the General Assembly. Referred to Committee on Appropriations.
SB 61. By Senators Dawkins of the 45th, Hooks of the 14th, Edge of the 28th and Ray of the 19th:
A bill to amend Code Section 43-9-16 of the Official Code of Georgia Annotated, relating to the scope of practice of chiropractors, so as to provide that chiropractors may utilize and recommend hot and cold packs and structural supports. Referred to Committee on Health and Human Services.
SB 62. By Senators Henson of the 55th, Thompson of the 33rd, Ragan of the 32nd and others:
A bill to amend Code Section 15-12-122 of the Official Code of Georgia Annotated, relating to jury panels for civil actions, so as to change the provisions relating to jury panels in civil actions in the state courts and demands for a jury of 12; to provide for applicability; to provide an effective date. Referred to Committee on Special Judiciary.
SB 63, By Senators Clay of the 37th, Ragan of the 32nd and Edge of the 28th:
A bill to amend Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, so as to provide that the parties in certain domestic relations actions shall be required to complete a seminar for parents where the interests of children under 18 years of age are involved; to provide for contempt sanctions if a party fails to complete successfully the seminar. Referred to Committee on Special Judiciary.

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SB 64. By Senators Clay of the 37th, Newbill of the 56th, Isakson of the 21st and others:
A bill to amend Code Section 50-14-3 of the Official Code of Georgia Annotated, relating to proceedings of state agencies excluded from the requirements of law relating to open and public meetings, so as to provide that all information on the votes taken by the State Board of Pardons and Paroles shall be released for inspection after such voting. Referred to Committee on Special Judiciary.
SB 65. By Senators Clay of the 37th, Day of the 48th, Newbill of the 56th 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. Referred to Committee on Appropriations.
SB 66. By Senators Newbill of the 56th, Ralston of the 51st, Clay of the 37th and others:
A bill to amend Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to public assistance, so as to provide for a LEARNFARE program whereby certain teenagers included in grants of public assistance must attend school; to provide for legislative purpose; to provide for definitions; to provide for the circumstances which constitute school attendance; to provide for verification of enrollment and school attendance. Referred to Committee on Health and Human Services.
SR 17. By Senators Crotts of the 17th, Edge of the 28th, Gochenour of the 27th and others:
A resolution proposing an amendment to the Constitution so as to provide that beginning on or after January 1, 1995, no Senator shall serve more than six consecutive terms in the Senate and no Representative shall serve more than six consecutive terms in the House of Representatives; to provide for the submission of this amendment for ratification or rejection. Referred to Committee on Special Judiciary.
SR 37. By Senators Clay of the 37th, Gochenour of the 27th, Edge of the 28th and others:
A resolution creating the Joint Committee on State and Local Bonded Indebtedness. Referred to Committee on Finance and Public Utilities.
SR 38. By Senator Abernathy of the 38th:
A resolution urging the Board of Education of the City of Atlanta to employ uniformed security guards within each high school in the Atlanta public school system. Referred to Committee on Rules.
SR 44. By Senators Starr of the 44th and Robinson of the 16th:
A resolution re-creating the Joint Study Commission on Revenue Structure. Referred to Committee on Finance and Public Utilities.

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SR 55. By Senator Henson of the 55th: A resolution to create the Senate Electrology Study Committee.
Referred to Committee on Rules.
SR 63. By Senators Clay of the 37th, Glanton of the 34th, Gochenour of the 27th and others: A resolution proposing an amendment to the Constitution so as to provide that the General Assembly shall not be authorized to make additional appropriations by Acts known as supplementary appropriation Acts; to provide for the submission of this amendment for ratification or rejection.
Referred to Committee on Appropriations.
SR 64. By Senators Starr of the 44th, Robinson of the 16th, Hooks of the 14th and Coleman of the 1st: A resolution authorizing the disposition by sale, lease, or exchange of certain state owned improved real properties located in the cities of Americus, Sumter County, Georgia; Lake City, Clayton County, Georgia; and Savannah, Chatham County, Georgia; to provide an effective date.
Referred to Committee on Finance and Public Utilities.
SR 65. By Senators Newbill of the 56th, Ralston of the 51st, Day of the 48th and others: A resolution proposing an amendment to the Constitution so as to provide that no general bill establishing or increasing any tax, fee, assessment, or charge by whatever designation that is imposed for state purposes shall become law unless such bill is approved by two-thirds of the members elected to each branch of the General Assembly in a roll-call vote; to provide for the submission of this amendment for ratification or rejection.
Referred to Committee on Finance and Public Utilities.
SR 66. By Senators Newbill of the 56th, Ralston of the 51st, Day of the 48th and others: A resolution creating the Joint Study Committee on Privatization of Certain Governmental Services.
Referred to Committee on Rules.
SR 67. By Senators Turner of the 8th, Clay of the 37th, Scott of the 36th and others: A resolution urging the United States Congress to take all necessary and appropriate action to reduce the regulatory burden on banks.
Referred to Committee on Rules.
Senator Garner of the 30th moved that Senator Broun of the 46th be excused from the Senate today due to illness.
On the motion, the yeas were 44, nays 0; the motion prevailed, and Senator Broun of the 46th was excused from the Senate today.
The President called for the morning roll call, and the following Senators answered to their names:

Abernathy Alien Balfour Baugh Blitch

Boshears Bowen Brown of 26th Burton Cheeks

Clay Coleman Crotts Day Dean

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Edge Egan Farrow Garner Gillis Glanton Gochenour Harbison Hemmer Henson
Hill Hooks
Huggins

Isakson Kemp Langford of 35th Langford of 29th Madden Marable Middleton Newbill Parrish Perdue
Pollard Ragan of llth
Ragan of 32nd

Ralston Ray Robinson Scott Slotin o,
Ihomas Thompson Turner Tysinger Walker

Those not answering were Senators:

Broun of 46th (excused) Dawkins

Oliver

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

Senator Tysinger of the 41st introduced the chaplain of the day, Dr. Christopher A. Price, pastor of St. Luke's Presbyterian Church, Dunwoody, Georgia, who offered scripture reading and prayer.

The following resolution of the Senate was read and adopted:

SR 62. By Senators Garner of the 30th, Hooks of the 14th and Broun of the 46th: A resolution in memory of Linward Trammell.

Senator Robinson of the 16th moved that, upon dissolution of the Joint Session of the Senate and House, the Senate would stand adjourned until 10:00 o'clock A.M. tomorrow.

On the motion, the yeas were 36, nays 0; the motion prevailed.

Senator Robinson of the 16th moved that the Senate reconsider its action in adopting the motion to adjourn until 10:00 o'clock A.M. tomorrow upon dissolution of the Joint Session of the Senate and House.

On the motion, the yeas were 37, nays 0; the motion prevailed, and the Senate reconsidered the motion offered by Senator Robinson of the 16th.

Senator Robinson of the 16th moved that the Senate stand in recess upon dissolution of the Joint Session of the Senate and House until 5:00 o'clock P.M., and at that time stand adjourned until 10:00 o'clock A.M. tomorrow.

At 10:45 o'clock A.M., the President announced the motion prevailed.

The hour for convening the Joint Session of the Senate and House having arrived, the President, accompanied by the Secretary and the Senators, proceeded to the Hall of the House of Representatives, and the Joint Session called for the purpose of hearing a message from Honorable Harold G. Clarke, Chief Justice of the Supreme Court of Georgia, was called to order by the President of the Senate. HR 6, authorizing the Joint Session of the Senate and House, was read by the Clerk of the House.

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The Honorable Harold G. Clarke, Chief Justice of the Supreme Court, addressed the Joint Session of the Senate and House of Representatives as follows:
Lt. Gov. Howard, Mr. Speaker Murphy, members of the General Assembly, judicial colleagues and friends
I thank you for letting me tell you something about your court system. This is the fourth time you have given me this opportunity, and some of you know it ought not to take that long for me to tell you all I know.
I take consolation in the fact that many of you weren't here the other three times. As for the rest of you, I don't flatter myself by believing you remember what I said before anyway. Nevertheless, I want to correct something I said before. I have called this a State of the Judiciary Report. This is not and should not be a state of the judiciary speech. It should be a state of justice speech.
The state of the judiciary has no relevance unless the judiciary protects and improves the state of justice. We have courts because people have problems. The judiciary justifies its existence only when it solves problems. Even then it fails when the problem-solving falls short of justice.
So justice stands alone as the only product of the courts. It stands alone as the only goal.
The state of justice in Georgia is not perfect or even ideal. It may never be considering the frailties of humankind. Yet I remain convinced that it is better than in the past and continues to improve.
Obstacles do lie ahead. Some of them appear on the handout delivered to you this morning. With the hope that you will study this information, I will not repeat it to you now.
We cannot substantially improve justice by hit or miss corrections. An artist begins with a vision of the final painting. We also need a vision a vision of the court structure and operation which can ultimately dispense pure justice. We must have the commitment to make the visions of today, the traditions of tomorrow.
With this kind of thinking, a group of forward-looking judges, lawyers, legislators and lay people worked together for two years on the issue of the futures of the courts in Georgia. I commend their report to you. It will become available soon.
To work in an orderly way to improve justice we need a standard for measurement. You and the people of Georgia gave us that standard - it appears in the constitution of the State of Georgia. It says the courts "shall provide for the speedy, efficient, and inexpensive resolution of disputes and prosecutions."
Those words speedy, efficient, inexpensive have meaning. A business person applies them all the time. Speedy means it ought not to take too long. Efficient, as used here, means you ought to get the right result. Inexpensive means it ought not to cost too much.
When we apply these words to our search for justice, the subject of our quest becomes more apparent.
To reduce the costs and time and to reach better results, we have to look for additional ways to solve the people's problems. In the superior courts, filings increase at about 10% per year. The magistrates of Georgia handle over one million cases a year, and other classes of courts face similar growth problems. Not all of these cases need traditional trials. Someone said, "If war is the final stage in diplomacy, then trial is the final stage in dispute resolution." Most disputes will get settled before trial anyway but when. The constitution says they ought to settle speedily. We can do that by bringing the parties together early-on through alternative dispute resolution procedures. I am talking mainly about mediation and arbitration. Too many cases don't settle until countless hours, days, and even years, grind by in the process of discovery, motions and sometimes needless court hearings.

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Bringing the parties together in an attempt to reach agreed results saves time, money and contributes to better results.
With the advice and consent of the Council of Superior Court Judges, the Supreme Court of Georgia has adopted a rule which paves the way for the beginnings of this process. The time is late. Other states have traveled this road with success already. Circumstances and the constitution challenge us to take-off in a catch-up mode.
You will have before you a bill which can help get the job done. It simply allows the assessment of not more than an additional $5.00 to each civil filing fee in counties which want to take part in the program. The money goes for financing part of the local effort.
Even improved methods amount to little in the absence of fairness. The Gender Bias Commission presented a report containing proposals which will lead to the improvement of justice. The Supreme Court has now created a new commission charged with the duty to help the court system implement this report.
We moved recently into another area of vital concern. We created the Commission on Racial and Ethnic Bias. The court charged this body to find where bias exists and recommend ways to correct it. And let me say here that just as public officials must avoid the appearance of impropriety, so must our court system avoid even the appearance of injustice and bias. We expect this to be a wide-ranging study. It will seek tangible results in the interest of all of our people. For the courts to dispense real justice, all the people must have confidence in the courts. The courts can earn this confidence only when they clearly demonstrate a total unwillingness to tolerate bias in the system.
Sometimes we talk about "equal justice," but someone said this is a redundancy. All justice by its definition must be equal because unequal justice is no justice at all. When court proceedings fail the equality test, they fail the justice test.
I know you did not expect me to complete my remarks without making reference to the problem of providing adequate defense of indigent persons accused of crimes. The simple question of justice is also at stake here. Again, we face a constitutional requirement. I know that indigent defense carries with it more political baggage than political appeal. But the brightest hour for public servants comes when difficult duties are faced up to and performed. We need also to remember that if the state can deny justice to the poor, it has within its grasp the power to deny justice to anybody. Justice belongs to everybody, or it belongs to nobody at all.
A discussion of improved justice must include thoughts about technical and structural modernization. The Court's Automation Commission continues to make outstanding strides in bringing the court system into the computer age. We thank you for your help on this.
Court structure and organization present a tougher problem. One expert looked at our organizational chart and said he thought it was the plans for the plumbing in the courthouse. We cannot go on forever ignoring the need for streamlining the system. Pride, turf protection, lack of vision and just plain timidity sometimes stand in the way. It is time to brush these impediments aside.
Some of these things cost money. It seems to me that anybody can talk about money except preachers and judges. So let me do my duty by tackling an unpopular subject. We've all been told that the three branches of government - legislative, executive and judicial - are separate, independent and equal. Judges like to boast of our independence and separation, but we can't take much pride in our equality.
We want to do strong things for a stronger future for justice, but the resources simply are not there. When I was a youngster during the depression there was an old saying, "Brother can you spare a dime?" They even made a song out of it and I think Bing Crosby sang it in a movie. Well, I don't come to you today presuming to ask for a dime. I know that's too much. The judiciary's share of the state budget has remained approximately seven tenths of one percent through the years. So I simply say to you, "Brothers and sisters, can you spare a penny?" One penny out of a dollar is a pitiful amount to pay for justice. Yet I

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make that request with full knowledge that it won't happen this year. I make that request as one who looks toward the future beyond my own tenure of office.
For too many years our goal in Georgia has been the national average. That means we set our sights on the embarrassing target of mediocrity. I guess that means about halfway. And that raises a question. Are we willing to put up with halfway justice? To my way of thinking, one-half justice must mean one-half injustice, and one-half injustice is no justice at all.
Georgia wants something better. Georgia deserves something better. Georgia can afford something better. Georgia cannot afford anything less.
I pledge to you the best efforts of the judicial branch to achieve superior, rather than mediocre, justice.
During the Biennial Legislative Institute, the Speaker suggested periodic meetings of a group from the legislative branch and a group from the judicial branch to discuss problems and goals. I wholeheartedly endorse that suggestion. After all, we are joint-venturers in the business of caring for the peoples' needs. Together we can reach the goal of speedy, efficient and inexpensive justice for all.
Senator Robinson of the 16th moved that the Joint Session be now dissolved, and the motion prevailed.
The President of the Senate announced the Joint Session dissolved.
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House:
HB 7. By Representative Godbee of the 145th:
A bill to reconstitute the Board of Education of Candler County and provide for its powers, duties, rights, obligations, and liabilities and subject it to certain constitutional and statutory provisions.
HB 8. By Representative Smith of the 102nd:
A bill to reconstitute the Board of Education of Harris County and provide for its powers, duties, rights, obligations, and liabilities and subject it to certain constitutional and statutory provisions.
HB 9. By Representative Smith of the 102nd:
A bill to amend an Act entitled "An Act to create the Board of Commissioners in the County of Harris," so as to change the commissioner districts in said county.
HB 11. By Representatives McBee of the 88th, Heard of the 89th and Scoggins of the 24th:
A bill to amend an Act providing for the unification of the existing governments of the City of Athens and Clarke County and providing a charter for the unified government of Athens-Clarke County, so as to change the composition of the districts from which the members of the Commission of Athens-Clarke County are elected.

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HB 12. By Representatives McBee of the 88th, Heard of the 89th and Scoggins of the 24th:
A bill to amend an Act providing for the merger of the existing independent school system of the Mayor and council of the City of Athens and the existing school district in the County of Clarke, so as to change the composition of the districts from which the members of the Board of Education of Clarke County are elected.
HB 13. By Representative Porter of the 143rd: A bill to reconstitute the Board of Education of the City of Dublin, and provide for its powers, duties, rights, obligations, and liabilities and subject it to certain constitutional and statutory provisions.
HB 14. By Representative Greene of the 158th: A bill to reconstitute the Board of Education of Randolph County and provide for its powers, duties, rights, obligations, and liabilities and subject it to certain constitutional and statutory provisions.
HB 15. By Representative Greene of the 158th:
A bill to reconstitute the Board of Education of Clay County and provide for its powers, duties, rights, obligations, and liabilities and subject it to certain constitutional and statutory provisions.
HB 16. By Representative Greene of the 158th: A bill to amend an Act creating a board of commissioners of Clay County, so as to provide new commissioner districts.
HB 17. By Representative Greene of the 158th: A bill to amend an Act creating the Board of Commissioners of Randolph County, so as to reapportion the commissioner districts for the purpose of electing members of the board of commissioners.
HB 19. By Representatives Greene of the 158th and Skipper of the 137th: A bill to amend an Act creating a Board of Commissioners for the County of Marion, so as to change the compensation of the chairman and other members of the board.
HB 20. By Representative Greene of the 158th: A bill to reconstitute the Board of Education of Quitman County and provide for its powers, duties, rights, obligations, and liabilities and subject it to certain constitutional and statutory provisions.
HB 33. By Representative Hanner of the 159th: 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 35. By Representative Hanner of the 159th: A bill to reconstitute the Board of Education of Terrell County and provide for its powers, duties, rights, obligations, and liabilities and subject it to certain constitutional and statutory provisions.

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HB 58. By Representatives Lawson of the 20th, Mills of the 21st and Hughes of the 19th:
A bill to amend an Act creating a new charter for the City of Gainesville, so as to provide for the public schools, school district, and Board of Education of the City of Gainesville.
The following bills of the House were read the first time and referred to committee:
HB 7. By Representative Godbee of the 145th:
A bill to reconstitute the Board of Education of Candler County and provide for its powers, duties, rights, obligations, and liabilities and subject it to certain constitutional and statutory provisions. Referred to Committee on Urban and County Affairs.
HB 8. By Representative Smith of the 102nd:
A bill to reconstitute the Board of Education of Harris County and provide for its powers, duties, rights, obligations, liabilities and subject it to certain constitutional and statutory provisions. Referred to Committee on Urban and County Affairs.
HB 9. By Representative Smith of the 102nd:
A bill to amend an Act entitled "An Act to create the Board of Commissioners in the County of Harris," so as to change the commissioner districts in said county. Referred to Committee on Urban and County Affairs.
HB 11. By Representatives McBee of the 88th, Heard of the 89th and Scoggins of the 24th:
A bill to amend an Act providing for the unification of the existing governments of the City of Athens and Clarke County and providing a charter for the unified government of Athens-Clarke County, so as to change the composition of the districts from which the members of the Commission of Athens-Clarke County are elected. Referred to Committee on Urban and County Affairs.
HB 12. By Representatives McBee of the 88th, Heard of the 89th and Scoggins of the 24th:
A bill to amend an Act providing for the merger of the existing independent school system of the Mayor and council of the City of Athens and the existing school district in the County of Clarke, so as to change the composition of the districts from which the members of the Board of Education of Clarke County are elected. Referred to Committee on Urban and County Affairs.
HB 13. By Representative Porter of the 143rd:
A bill to reconstitute the Board of Education of the City of Dublin, and provide for its powers, duties, rights, obligations, and liabilities and subject it to certain constitutional and statutory provisions. Referred to Committee on Urban and County Affairs.

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HB 14. By Representative Greene of the 158th: A bill to reconstitute the Board of Education of Randolph County and provide for its powers, duties, rights, obligations, and liabilities and subject it to certain constitutional and statutory provisions.
Referred to Committee on Urban and County Affairs.
HB 15. By Representative Greene of the 158th: A bill to reconstitute the Board of Education of Clay County and provide for its powers, duties, rights, obligations, and liabilities and subject it to certain constitutional and statutory provisions.
Referred to Committee on Urban and County Affairs.
HB 16. By Representative Greene of the 158th: 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 17. By Representative Greene of the 158th: A bill to amend an Act creating the Board of Commissioners of Randolph County, so as to reapportion the commissioner districts for the purpose of electing members of the board of commissioners.
Referred to Committee on Urban and County Affairs.
HB 19. By Representatives Greene of the 158th and Skipper of the 137th: A bill to amend an Act creating a Board of Commissioners for the County of Marion, so as to change the compensation of the chairman and other members of the board.
Referred to Committee on Urban and County Affairs.
HB 20. By Representative Greene of the 158th: A bill to reconstitute the Board of Education of Quitman County and provide for its powers, duties, rights, obligations, and liabilities and subject it to certain constitutional and statutory provisions.
Referred to Committee on Urban and County Affairs.
HB 33. By Representative Hanner of the 159th: A bill to amend an Act creating 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 35. By Representative Hanner of the 159th: A bill to reconstitute the Board of Education of Terrell County and provide for its powers, duties, rights, obligations, and liabilities and subject it to certain constitutional and statutory provisions.
Referred to Committee on Urban and County Affairs.
HB 58. By Representatives Lawson of the 20th, Mills of the 21st and Hughes of the 19th: A bill to amend an Act creating a new charter for the City of Gainesville, so as to provide for the public schools, school district, and Board of Education of the City of Gainesville.
Referred to Committee on Urban and County Affairs.

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Serving as doctor of the day today was Dr. Milton Frank III of Atlanta, Georgia.
Pursuant to the provisions of a previously adopted motion, the Senate stood adjourned until 10:00 o'clock A.M. tomorrow.

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77

Senate Chamber, Atlanta, Georgia Thursday, January 14, 1993 Fourth Legislative Day
The Senate met pursuant to adjournment at 10:00 o'clock A.M. today and was called to order by the President.
Senator Huggins of the 53rd reported that the Journal of yesterday's proceedings had been read and found correct.
By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.
The following bills of the Senate were introduced, read the first time and referred to committees:
SB 11. By Senators Hooks of the 14th, Garner of the 30th, Robinson of the 16th 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 enact the "Motorized Wheelchair Warranty Act"; to define certain terms; to provide for express warranties; to provide for the duration of such warranties; to provide for repair of nonconformities; to provide for return and replacement of wheelchairs.
Referred to Committee on Youth, Aging and Human Ecology.
SB 67. By Senator Burton of the 5th: A bill to amend Code Section 20-5-56 of the Official Code of Georgia Annotated, relating to the requirement of certification of librarians, so as to change provisions relating to the certification of librarians.
Referred to Committee on Education.
SB 68. By Senator Abernathy of the 38th: A bill to amend Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to dangerous instrumentalities and practices, so as to provide for 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.
Referred to Committee on Judiciary.
SB 69. By Senators Kemp of the 3rd, Hill of the 4th, Baugh of the 25th and others: A bill to amend Article 4 of Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to the conduct of public officials and disclosure by lobbyists, so as to prohibit lobbying by members of the General Assembly and certain other elected officials for a period of two years after they leave office; to provide for exceptions; to provide for a penalty.
Referred to Committee on Governmental Operations.
SB 70. By Senators Kemp of the 3rd, Hill of the 4th, Perdue of the 18th and others: A bill to amend Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to state printing and documents, so as to provide that stationery used by state agencies, state departments, and other state entities shall have printed

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thereon one or more telephone numbers to which responses and inquiries may be directed; to provide for definitions; to provide for applicability. Referred to Committee on Governmental Operations.
SB 71. By Senators Taylor of the 12th, Henson of the 55th and Brown of the 26th: A bill to amend Article 1 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to the state flag and other flags, so as to change the design and description of the state flag; to provide an effective date.
Referred to Committee on Rules.
SB 72. By Senators Taylor of the 12th, Henson of the 55th and Brown of the 26th: A bill to amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to change certain provisions relating to the ages for mandatory education for children; to change certain provisions relating to exemptions with respect to such mandatory education; to change certain provisions relating to the establishment, management, and control of adult literacy programs.
Referred to Committee on Education.
SB 73. By Senators Taylor of the 12th, Henson of the 55th and Brown of the 26th: A bill to amend Part 12 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the effectiveness of educational programs, so as to provide for findings; to provide for a definition; to provide for a Council for School Performance and its membership, organization, compensation and expenses, and powers and duties; to provide for duties of the Department of Education.
Referred to Committee on Education.
SB 74. By Senators Taylor of the 12th, Henson of the 55th and Brown of the 26th: A bill to amend Part 9 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to grants for educational programs, so as to provide for legislative intent; to provide for definitions; to provide for petitions for charter school status and their review and approval; to provide for criteria and procedures for charter schools and petitions therefor.
Referred to Committee on Education.
The following reports of standing committees were read by the Secretary:
Mr. President:
The Committee on Finance and Public Utilities has had under consideration the following resolutions of the Senate and has instructed me to report the same back to the Senate with the following recommendations:
SR 44. Do pass. SR 64. Do pass.
Respectfully submitted,
Senator Starr of the 44th District, Chairman
Mr. President:
The Committee on Governmental Operations has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation:

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SB 29. Do pass.

Respectfully submitted, Senator Alien of the 2nd 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 21. Do pass.

HB 15. Do pass.

SB 22. Do pass.

HB 16. Do pass.

SB 23. Do pass.

HB 17. Do pass.

HB 7. Do pass.

HB 19. Do pass.

HB 11. Do pass.

HB 20. Do pass.

HB 12. Do pass.

HB 33. Do pass.

HB 13. Do pass.

HB 35. Do pass by substitute.

HB 14. Do pass.

HB 58. Do pass.

Respectfully submitted,

Senator Thompson of the 33rd District, Chairman

Mr. President:

The Committee on Youth, Aging and Human Ecology has had under consideration the following bills of the Senate and has instructed me to report the same back to the Senate with the following recommendations:
SB 6. Do pass. SB 7. Do pass.
Respectfully submitted,
Senator Marable of the 52nd District, Chairman

Senator Garner of the 30th moved that Senator Broun of the 46th be excused from the Senate today due to illness.

On the motion, the yeas were 42, nays 0; the motion prevailed, and Senator Broun of the 46th was excused from the Senate today.

The President called for the morning roll call, and the following Senators answered to their names:

Alien Balfour Baugh Blitch Boshears Brown of 26th Burton Cheeks Clay Coleman Crotts

Dawkins Day Edge Egan Farrow Garner Gillis Glanton Gochenour Harbison Hemmer

Henson Hill Hooks Huggins Isakson Kemp Langford of 35th Langford of 29th Madden Marable Middleton

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Newbill Oliver Parrish
Perdue Pollard
Ragan of llth

Ragan of 32nd Ralston Ray
Robinson Slotin
Starr

Taylor Thomas Thompson
Turner Tysinger
Walker

Those not answering were Senators:

Abernathy Bowen

Broun of 46th (excused) Dean

Scott

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 chaplain of the day, Reverend Mark Winn, pastor of the First Methodist Church of Smyrna, Smyrna, Georgia, who offered scripture
reading and prayer.

The following resolution of the Senate was read and adopted:

SR 46. By Senator Broun of the 46th:
A resolution commending and congratulating Ms. Tommie Phillips LaCavera upon her election as President General of the United Daughters of the Confederacy.

Senator Robinson of the 16th moved that the following bill of the Senate be withdrawn from the Senate Committee on Judiciary and committed to the Senate Committee on Insur-
ance and Labor:

SB 34. By Senator Alien of the 2nd:
A bill to amend Chapter 9 of Title 40 of the Official Code of Georgia Annotated, relating to reporting accidents and proof of financial responsibility, so as to raise the minimum amount of liability insurance required to be kept from $15,000.00 to $25,000.00.

On the motion, the yeas were 35, nays 0; the motion prevailed, and SB 34 was withdrawn from the Senate Committee on Judiciary and committed to the Senate Committee on
Insurance and Labor.

The following local, uncontested bills of the Senate and House, favorably reported by the committee as listed on the Senate Local Consent Calendar, were put upon their passage:

SENATE LOCAL CONSENT CALENDAR
Thursday, January 14, 1993
FOURTH LEGISLATIVE DAY
(The names listed with each bill are the Senators whose districts are affected by the legislation.)

SB 21 Pollard, 24th Cheeks, 23rd 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 education

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81

districts; to provide for elections; to provide for definitions and inclusions; to provide for submission of this Act to the United States Attorney General.

SB 22 Pollard, 24th Cheeks, 23rd 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; 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 when this Act shall be void and stand repealed.

SB 23 Pollard, 24th Cheeks, 23rd 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 chairperson of the board of elections.

HB

7 Gillis, 20th

CANDLER COUNTY

A bill to reconstitute the Board of Education of Candler County and provide for its powers, duties, rights, obligations, and liabilities and subject it to certain constitutional and statutory provisions.

HB 11 Broun, 46th CLARKE COUNTY
A bill to amend an Act providing for the unification of the existing governments of the City of Athens and Clarke County and providing a charter for the unified government of Athens-Clarke County, so as to change the composition of districts from which the members of the Commission of AthensClarke County are elected.

HB 12 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 existing school district in Clarke County, as to change the composition of the districts from which the members of the Board of Education are elected.

HB 13 Ray, 19th Gillis, 20th LAURENS COUNTY
A bill to reconstitute the Board of Education of the City of Dublin, and provide for its powers, duties, rights, obligations, and liabilities and subject it to certain constitutional and statutory provisions.

HB 14 Taylor, 12th RANDOLPH COUNTY
A bill to reconstitute the Board of Education of Randolph County and provide for its powers, duties, rights, obligations, and liabilities and subject it to certain constitutional and statutory provisions.

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HB 15 Taylor, 12th CLAY COUNTY
A bill to reconstitute the Board of Education of Clay County and provide for its powers, duties, rights, obligations, and liabilities and subject it to certain constitutional and statutory provisions.
HB 16 Taylor, 12th CLAY COUNTY
A bill to amend an Act creating a Board of Commissioners of Clay County, so as to provide new commissioner districts.
HB 17 Taylor, 12th RANDOLPH COUNTY
A bill to amend an Act creating the Board of Commissioners of Randolph County, so as to reapportion the commissioner districts for the purpose of electing members of the Board of Commissioners.
HB 19 Robinson, 16th MARION COUNTY
A bill to amend an Act creating a Board of Commissioners for the County of Marion, so as to change the compensation of the chairman and other members of the board.
HB 20 Taylor, 12th QUITMAN COUNTY
A bill to reconstitute the Board of Education of Quitman County and provide for its powers, duties, rights, obligations, and liabilities and subject it to certain constitutional and statutory provisions.
HB 33 Taylor, 12th TERRELL COUNTY
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 35 Taylor, 12th TERRELL COUNTY
A bill to reconstitute the Board of Education of Terrell County and provide for its powers, duties, rights, obligations, and liabilities and subject it to certain constitutional and statutory provisions. (SUBSTITUTE)
HB 58 Hemmer, 49th CITY OF GAINESVILLE
A bill to amend an Act creating a new charter for the City of Gainesville, so as to provide for the public schools, school district, and Board of Education of the City of Gainesville.
The substitute to the following bill was put upon its adoption:
*HB35:

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The Senate Committee on Urban and County Affairs offered the following substitute to HB 35:
A BILL
To be entitled an Act to reconstitute the Board of Education of Terrell County and provide for its powers, duties, rights, obligations, and liabilities and subject it to certain constitutional and statutory provisions; to continue in office certain members of such board and provide for the expiration of their terms; to provide for education districts; to provide for the election of board members; to provide for the chairperson of the board; to provide for qualifications for office; to provide for successors; to provide for terms; to provide for vacancies; to provide for compensation and expenses; to provide for the expiration of the term of the school superintendent and provide for the appointment of successors thereto and terms of employment thereof; to provide that the school superintendent will be subject to certain laws; to provide for submission; to provide for effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. The Board of Education of Terrell County which was appointed and which existed on December 31, 1992, is continued in existence but on and after January 1, 1994, shall be constituted as provided in this Act. The Board of Education of Terrell County so continued and constituted, sometimes referred to in this Act as the "board," shall continue to have the powers, duties, rights, obligations, and liabilities of that Board of Education of Terrell County as existed immediately prior to January 1, 1994, and shall be subject to all constitutional and statutory provisions relating to boards of education and not in conflict with this Act.
Section 2. (a) Those members of the Board of Education of Terrell County who are serving as such on December 31, 1992, and any person selected to fill a vacancy in any such offices shall continue to serve as such members for terms of office which expire December 31, 1993. On and after January 1, 1994, the Board of Education of Terrell County shall consist of 5 members all of whom shall be elected from education districts described in subsection (b) of this section.
(b) For purposes of electing members of the board of education, the Terrell County School District is divided into 5 education districts. One member of the board shall be elected from each such district. Those districts shall consist of the following described territory of the Terrell County School District:
Education District: 1
TERRELL COUNTY VTD: 0001 DAWSON PRECINCT ONE (Part) Tract: 9803. Block(s): 120C VTD: 0003 BRONWOOD (Part) Tract: 9801. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119A, 119B, 120, 121A, 121B, 122A, 122B, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142A, 142B, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154A, 154B, 155A, 155B, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167A, 167B, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 184, 185, 186, 188, 191, 192, 193, 194, 195, 196, 197A, 197B Tract: 9802. Block(s): 101, 102, 103, 104, 105, 106, 107, 108A, 108B, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120A, 120B, 121A, 121B, 122, 123, 124, 125, 126, 127A, 127B, 128, 129A, 129B, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140A, 140B, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154A,

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154B, 155, 156A, 156B, 157A, 157B, 158A, 158B, 159, 160, 161, 162, 163A, 163B, 166, 167, 173, 174, 175, 176, 177, 178, 179, 180, 196, 197 Tract: 9803. Block(s): 103, 104, 105, 107, 108, 109, 110, 111, 112, 113, 114, 115B, 116, 117, 118, 119, 133 VTD: 0004 SASSER (Part) Tract: 9801. Block(s): 187, 189, 190
Education District: 2
TERRELL COUNTY VTD: 0002 DAWSON PRECINCT TWO (Part) Tract: 9804. Block(s): 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135A, 137A, 140, 141, 142A, 142B, 240 VTD: 0003 BRONWOOD (Part) Tract: 9804. Block(s): 308, 322, 323, 324, 325 VTD: 0004 SASSER (Part) Tract: 9804. Block(s): 101, 135B, 136, 137B, 139, 142C, 143B, 144, 145, 146, 147, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 326, 327, 348, 349, 350, 351B, 352, 373, 374, 375, 376, 377, 378, 379, 380, 388 Tract: 9805. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109A, 109B, 110, 111, 112, 113, 114A, 114B, 115A, 115B, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126A, 126B, 127, 128, 129, 130 131, 132, 133, 134A, 134B, 135, 136, 137, 138, 139A, 139B, 140A, 140B, 141, 142, 143, 144, 145, 146, 147, 148, 149A, 149B, 150, 15i, 152, 153A, 153B, 154, 155, 156, 157, 158, 159, 160, 161, 162, 174, 175, 176, 177, 180, 182, 183, 184, 185, 186, 187, 188, 189, 192, 193
Education District: 3
TERRELL COUNTY VTD: 0001 DAWSON PRECINCT ONE (Part) Tract: 9803. Block(s): 115A, 120A, 120B, 121A, 121B, 122A, 122B, 123, 124, 125, 126, 127, 128A, 128B, 129A, 129B, 130, 131, 132, 139A, 140A, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 221, 222, 223, 224, 301, 305, 306, 307, 314, 315, 405A, 414 Tract: 9804. Block(s): 304, 305, 363 VTD: 0002 DAWSON PRECINCT TWO (Part) Tract: 9804. Block(s): 306, 307A, 351A, 353, 354, 362, 364, 366, 367, 368, 369, 370, 371, 372 VTD: 0003 BRONWOOD (Part) Tract: 9803. Block(s): 134, 135, 136, 137, 138, 139B, 140B, 141 Tract: 9804. Block(s): 307B, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 334 VTD: 0004 SASSER (Part) Tract: 9804. Block(s): 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, 328, 329, 330, 331, 332, 333, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 381, 382, 383, 384, 385, 386, 387, 389 Tract: 9805.

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Block(s): 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 178, 179, 181, 190, 191
Education District: 4
TERRELL COUNTY VTD: 0001 DAWSON PRECINCT ONE (Part) Tract: 9803. Block(s): 218, 219, 220, 225, 226, 227, 228, 229, 230, 302, 303, 304, 308, 309, 310, 311, 312, 313, 319, 320, 321, 322, 323, 324, 336, 337, 338, 339, 406A, 409, 410A, 411A, 412, 413, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 432 Tract: 9804. Block(s): 205, 206, 301, 302, 303, 359 VTD: 0002 DAWSON PRECINCT TWO (Part) Tract: 9803. Block(s): 316, 317, 318, 325, 326, 327, 328, 329, 331, 332, 333, 334, 335, 433 Tract: 9804. Block(s): 202, 203, 204, 207, 208, 209, 210, 211, 212, 213, 217, 218, 219, 220, 221, 222, 223, 224, 356, 357, 358, 360, 361, 365
Education District: 5
TERRELL COUNTY VTD: 0001 DAWSON PRECINCT ONE (Part) Tract: 9803. Block(s): 405B, 406B, 407A, 407B, 408, 410B, 411B, 429 VTD: 0002 DAWSON PRECINCT TWO (Part) Tract: 9803. Block(s): 330, 430, 431, 434, 435, 436A, 437, 438, 439 Tract: 9804. Block(s): 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 138, 143A, 201, 214, 215, 216, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 355 VTD: 0003 BRONWOOD (Part) Tract: 9802. Block(s): 164, 165, 168, 169, 170, 171, 172, 181, 182, 187, 188, 192, 193, 194, 195 Tract: 9803. Block(s): 101, 102, 106, 403, 404 VTD: 0004 SASSER (Part) Tract: 9802. Block(s): 183, 184, 185, 186, 189, 190, 191 Tract: 9803. Block(s): 401, 402, 407C, 436B, 440, 441, 442, 443, 444, 445, 446 Tract: 9804. Block(s): 148
(c) For purposes of subsection (b) 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) 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;

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(4) 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;
(5) Any part of the Terrell County School District which is not included in any education district described in subsection (b) of 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 Terrell County School District which is described in subsection (b) of 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 3. (a) No person shall be a member of the board if that person is ineligible for such office pursuant to Code Section 20-2-51 or 45-2-1 of the O.C.G.A. or any other general law.
(b) In order to be elected as a member of the board from an education district, a person must have resided in that district for at least 6 months prior to election thereto and must receive a majority of the votes cast for that office in that district only and not at large. Only electors who are residents of that education district may vote for a member of the board for that district. At the time of qualifying for election as a member of the board from an education district, each candidate for such office shall specify the education district for which that person is a candidate. A person elected as a member of the board from an education district must continue to reside in that district during that person's term of office or that office shall thereupon become vacant.
Section 4. (a) The first members of the reconstituted Board of Education of Terrell County shall be elected at a special election which shall be conducted on the Tuesday next following the first Monday in November, 1993. The members of the board elected thereto in 1993 shall take office the first day of January immediately following that election and shall serve for initial terms of office which expire December 31, 1996, and upon the election and qualification of their respective successors. Those and all future successors to members of the board whose terms of office are to expire shall be elected at the state-wide general election immediately preceding the expiration of such terms, shall take office the first day of January immediately following that election, and shall serve for terms of office of four years each. Members of the board shall serve for the terms of office specified therefor in this subsection and until their respective successors are elected and qualified.
(b) All members of the board who are elected thereto shall be nominated and elected in accordance with Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code" in nonpartisan primaries and elections as provided in Code Section 21-2-139 of the O.C.G.A.
Section 5. In the event of a vacancy occurring on or after January 1, 1993, in the membership of the board for any reason other than expiration of term, that vacancy shall be filled by majority vote of the remaining members of the board.
Section 6. Members of the Board of Education of Terrell County shall be compensated in the amount of $50.00 per meeting. Members of the board, including the chairperson, shall be reimbursed for the actual expenses necessarily incurred for attending meetings in the performance of their official duties when those meetings occur outside the Terrell County School District.
Section 7. The chairperson of the board shall be selected from the membership of the board as provided in Code Section 20-2-57 of the O.C.G.A.
Section 8. (a) The elected school superintendent of the Terrell County School District

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who is in office on January 1, 1993, or any person filling a vacancy in such office, shall serve out the remainder of that person's term of office and shall be replaced by an appointee of the board of education at the expiration of such term. In the event of a vacancy occurring in that office prior to the expiration of such term, that vacancy shall be filled as provided in Code Section 20-2-107 of the O.C.G.A.
(b) Upon the expiration of the term of the elected school superintendent as provided in subsection (a) of this section, the board of education shall appoint the school superintendent. Unless otherwise provided by general law, the board may provide that the superintendent serve at the pleasure of the board of education or the board may provide the school superintendent with a contract of employment for a fixed term.
(c) Except as otherwise provided in this section, the school superintendent shall be subject to all general laws of this state relating to school superintendents.
Section 9. Pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended, it shall be the duty of the attorney of the Board of Education of Terrell County to submit this Act to the United States Attorney General for approval.
Section 10. This section and Section 9 of this Act and those provisions of this Act necessary for the election of members of the Board of Education of Terrell County in 1993 shall become effective upon the approval of this Act by the Governor or upon such Act's becoming law without that approval. The remaining provisions of this Act shall become effective January 1, 1994.
Section 11. 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 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 Balfour Blitch Boshears Bowen Brown of 26th B^ CClhaeyeks Coleman
Crotts Dawkins Day Edge Egan Farrow Gillis

Glanton Gochenour Harbison Hemmer Henson Hill Hooks HIsuakgsgomns Kemp
Langford of 35th Langford of 29th Madden Marable Middleton Newbill Oliver

Perdue Pollard Ragan of llth Ragan of 32nd Ralston R Robinson ocott
lotm
f,*3" Taylor Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Abernathy Baugh

Broun of 46th (excused) Dean

Garner Parrish

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On the passage of all the local bills, the yeas were 50, nays 0.
All the bills on the Senate Local Consent Calendar, except HB 35, having received the requisite constitutional majority, were passed.
HB 35, having received the requisite constitutional majority, was passed by substitute.
Senator Robinson of the 16th moved that HB 11 and HB 12 be immediately transmitted to the House.
On the motion, the yeas were 36, nays 0; the motion prevailed, and HB 11 and HB 12 were immediately transmitted to the House.
Senator Robinson of the 16th moved that all the local bills of the Senate and House passed today be immediately transmitted to the House.
On the motion, the yeas were 41, nays 0; the motion prevailed, and all the local bills of the Senate and House passed today were immediately transmitted to the House.
Senator Robinson of the 16th moved that the Senate recess upon the dissolution of the Joint Session of the Senate and House until 5:00 o'clock P.M. and at that time adjourn until 9:30 o'clock A.M. tomorrow.
On the motion, the yeas were 35, nays 0; the motion prevailed at 10:35 o'clock A.M.
The hour for convening the Joint Session of the Senate and House having arrived, the President, accompanied by the Secretary and the Senators, proceeded to the Hall of the House of Representatives, and the Joint Session called for the purpose of hearing the Budget Message from His Excellency, Governor Zell Miller, was called to order by the President of the Senate, Lieutenant Governor Pierre Howard. HR 7, authorizing the Joint Session of the Senate and House was read by the Clerk of the House.
His Excellency, Governor Zell Miller, addressed the Joint Session of the Senate and House of Representatives as follows:
STATE OF GEORGIA OFFICE OF THE GOVERNOR
ATLANTA 30334
More than 200 years ago, Thomas Paine, that champion of democracy who helped to spur the American Revolution, wrote these words:
"Public money ought to be touched with the most scrupulous conscientiousness of honor. It is not the produce of riches only, but of hard earnings of labor."
When I launched this administration two years ago, I promised to be bold and creative with ideas, but frugal and prudent with tax dollars.
And two days ago in my State of the State Address, I reported to you that our careful and conservative money management has made Georgia one of the healthiest states in the nation, even while we maintained a consistent level of services to one of the fastest growing state populations in the nation.
At the same time, we have made tremendous strides forward in education, economic development, public safety, environmental protection and human services.
Today, I lay before you a budget for fiscal year 1994 that continues this pattern of using our resources creatively but with fiscal discipline to bring about progress.

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Although growth in state revenues has improved steadily since last February, and registered in double digits for November and December - nevertheless, I am projecting modest revenue growth for FY "94 of 7.5 percent above my reduced revenue estimate for FY '93.
If we meet the original revenue estimate for FY '93 as we expect, then we will need revenue growth of only 6.5 percent next year to meet this budget.
Economists agree that the national recovery is likely to be slow. And I am committed to rebuilding our reserve fund, which was depleted six months before I ever took office.
So I intend to continue the pattern of caution and tight-fisted management even as revenue growth picks up again.
The bottom line for the budget before you is $8,948,692,764. And you're going to quickly deduce that this is more than a 7.5 percent increase over FY '93.
The reason is because this budget includes funds from two new sources: first, the Indigent Care Trust Fund, which under prior federal regulations was injected into the budget at mid-year.
And second, the proceeds from the Georgia Lottery for Education.
And I'd like to begin my presentation of budget items with the Lottery for Education.
It will be up and running by the time FY '94 begins next July 1st. However, the various types of games will be carefully phased in over several years.
We are projecting $139 million dollars in lottery proceeds for FY '94, based on the experience of other states with lotteries.
But I propose that we appropriate only $125 million, holding the remaining $14 million - 10 percent - as a reserve. I think that is necessary, at least until we get a better feel for how it will go.
Folks, it will be very tempting for you to spend this reserve, but you and I know that it would not be very fiscally responsible for you to do so.
As you know, the lottery law stipulates expenditures in three areas: pre-kindergarten, college loans or scholarships and special equipment and capital needs.
In the budget document, these expenditures appear as special designations under the budgets of each of the appropriate education agencies. But I want to talk about them as a group.
First, pre-kindergarten. Let me emphasize once more that it will be voluntary by the parent and voluntary by the school system.
Each community can develop its own plan . . . whether part of the school system, an expanded Head Start program, or even a new or expanded private, non-profit program.
It will be phased in with the first priority being children who are at risk.
I propose $40 million for pre-kindergarten, based on the Department of Education's estimate of the number of at-risk 4-year-olds to be targeted and the number of programs that can realistically be up and running during this first year.
The second legal use of lottery proceeds is loans and scholarships for college and technical education. As you may have heard more than once, I propose a program called HOPE, Helping Outstanding Pupils Educationally.
Any high school student with a B average - a 3.0 grade point average - would get a HOPE certificate for free tuition at any University System college where they are accepted, if their family income is less than $66,000 a year.
Second, students with a B average in their freshman year can get a loan for tuition for their sophomore year. And if they keep a B average for their sophomore year, the loan is forgiven.

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Third, HOPE would provide free tuition for diploma-granting programs at our 32 technical institutes.
Fourth, for those Georgians who dropped out of school, then go back to get their GED a $500 certificate for books, materials or fees at a public college or technical institute.
Fifth, I propose increasing tuition equalization grants from $1,000 to $1,500 for freshmen and sophomores at our independent colleges.
I recommend $39.7 million for the HOPE program, based on the actual number of students who would have qualified last spring.
The third program to be funded with lottery proceeds is one-time special equipment and capital needs that will change from year to year.
It will be a safety valve in addition to the reserve, expanding and contracting as lottery proceeds ebb and flow and the needs of the other two programs change.
After funding the first two programs, we will have about $45.3 million for this category.
As I indicated on Tuesday, I believe that we must use this money to bring technology into Georgia's schools.
Last year we created a state telecommunications program to bring world-class educational resources into every Georgia school, no matter how small. Since then, we did a survey of our school systems to learn what technology they need to take advantage of Distance Learning.
Based on that survey, I propose we appropriate nearly $15 million for more than 1,700 satellite dishes, so that every school, every University System college and technical institute in Georgia has a dish and can tap into the rich educational resources available through telecommunications.
Second, computers. I propose $10.3 million to set up an early learning computer lab at every one of our 1,031 schools with elementary grades. Each school would receive a minimum of four computers, a printer and innovative software designed to stimulate young students.
Another $3 million would equip four regional computer centers to train our teachers in how to make the best use of technology in their classrooms.
I also recommend $2.5 million for a computer lab at each one of our 32 technical institutes, to train students in computer skills for word processing, business software, computerassisted design and computer programming.
Finally on computers - and this is also very important -1 propose we allocate about $1.6 million for technology in adult literacy.
These funds will connect literacy providers around the state on a network, address the literacy needs of handicapped persons, assist the Satellite Literacy Training Project, and give small businesses access to literacy training for their employees.
And then for our University System, I recommend $7.5 million to begin an equipment, technology and construction trust fund.
It would provide a one-on-one match for private dollars contributed to our University System institutions. So the total impact would be $15 million next year. And I want to expand this fund as lottery proceeds increase.
The facilities for our educational TV network, operated by the Public Telecommunications Commission, need to be updated and expanded.
I want it to produce instructional programs for broadcast to our schools through their satellite receivers, as well as high-quality programs showcasing Georgia for national distribution.

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A private source has offered us an excellent site. So I propose about $2 million to begin the new facility's design.
Finally, I suggest a $3.6 million expansion of the Carroll Tech satellite center in Douglas County to coordinate technical education, adult literacy, the Job Training Partnership program, the PEACH program and the Department of Labor at the community level. If it works as well as we expect, it will be the first of several centers around the state.
Every single school system, technical institute and college in the entire state of Georgia will benefit from the lottery proceeds. Every school system in your district will benefit.
As I promised all along, this money does not supplant one single red cent of existing educational funds. Your constituents are going to be very interested in that fact.
In addition to the lottery money, I am recommending about $157 million in new state funds for our schools and for teacher pay raises.
Of course, $108 million of it accommodates enrollment growth under the QBE formula. But there are new proposals, also.
There's $2 million for the Next Generation Schools Project, which is a public-private partnership that will bring together $2 million in state funds, $2 million in private funds and $2 million in local education money to provide funds for Charter Schools.
Last year, you began an administrative computer system for schools, helping reduce cumbersome paperwork for teachers. And I recommend $7 million for equipment and $2.76 million for installation and project management to expand this system to every high school in the state.
The Family Connection is an innovative pilot program that provides local coordination of social services for the families of children who are at risk. It has been so successful that Georgia is under consideration for a prestigious Pew Grant.
I recommend providing about $2 million to keep our 14 pilot sites operating after the private grant that started them expires and to fund 16 new family connection sites.
One of the problems in retaining teachers in the profession is salaries. And that is especially true for more than a third of our teachers whose salaries have reached the ceiling on the salary schedule. This has bothered me for a long time. So this year I propose we do something about it.
Rather than a flat percentage-based pay raise, I propose that we adjust our teacher salary schedule, which is based on experience and ongoing professional training.
I want to increase what teachers can expect to earn if they stay in the profession, by making improvements throughout the salary schedule for teachers in our schools and technical institutes.
And I recommend that we add a fifth tier to the end - that L-5 step you've heard so much about. The total cost of these salary adjustments will be $42.4 million, and I wish it could be more.
Individual teachers' pay raises would depend on where they are on the salary schedule, but teachers who are moving a step could receive 3 percent or more, and the third of our teachers who will go into the new fifth step could receive as much as 4.2 percent.
On capital outlay for public schools, I am recommending $148 million for construction in 60 different schools systems, in compliance with the current QBE construction law.
The bond section of the budget also includes $6.9 million for vocational education equipment in high schools and middle schools.
As more and more Georgians realize the importance of education in today's workplace, enrollments are soaring at our 34 University System institutions.
Last school year, University System enrollment grew by 6.5 percent - which is more students than the total enrollments of Augusta and Columbus Colleges combined.

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So, if you compare your two budget documents for this year and next, you will see more than $100 million in new funds for the state Board of Regents.
The bulk of it is for the funding formula, providing for increased enrollment, health insurance costs and pay raises. I am recommending not only the 1.5 per cent that is called for in the funding formula for pay increases, but also another half percent to be added to that, to give the Regents more flexibility in adjusting salaries to attract and retain highquality personnel.
I also propose that we fund the first three projects on the Regents' capital outlay priority list:
a $31 million Comprehensive Agricultural Livestock and Poultry Facility at the University of Georgia to provide classrooms and modern animal research labs:
a $41 million Children's Medical Center at the Medical College, which will not only make MCG a leader in pediatrics research and training, but will also serve children from all over Georgia;
and a Biocontainment Research Center at the University of Georgia, to be built with a 50-50 match of state and federal funds, our share being $8 million. There are very few adequate biocontainment facilities anywhere in this country, and this center will make Georgia a national leader in animal disease research.
I also propose $27.8 million for renovation and repairs throughout the system, which has over 400 buildings that are more than 50 years old and another 1,000 buildings that are 25 to 50 years old.
And I recommend four University System projects that will pay back the cost of the bonds from the revenues they generate.
They include dormitories at Georgia Tech for $113 million and at Gordon College for $2.4 million, and parking decks at Georgia Tech and Georgia State University totalling $11.6 million.
So, when you see that total of $250 million in University System bonds, remember that more than half of it will be paid back to revenues generated by the projects themselves, and not out of the general treasury.
As the education and training demanded by the average job approaches 14 years, technical and adult education is becoming more and more essential.
In addition to the lottery funds that go into technical and adult education, I am proposing $3.8 million in new money for technical training, including funds to begin the second year of the two-year programs at Georgia's four newest technical institutes at Jesup, Vidalia, Statesboro and north metro Atlanta.
I also propose funds for faculty and operations at the expansions authorized last year at 11 institutes.
And then I propose that we expand programs like electronics, technology and health occupations, that are in demand both by entering students and employers.
More than half of Georgia's work force is either illiterate or has limited skills, and this state has a growing population of chronically unemployed adults who lack basic job skills.
That is why I am proposing a goal of at least one full-time adult literacy teacher in each county, to be achieved over the next two years.
The first year's cost will be $2.7 million for 68 teachers. And, as I mentioned above, we would use lottery proceeds to provide some computer equipment.
Last year my capital outlay recommendation $32.6 million for 11 technical institutes. This year I propose another $31 million for seven construction projects at Americus, Clarkesville, Jasper, Gainesville, Sandersville, Swainsboro and Thomasville.
I also propose funds to plan the new Middle Georgia campus, because the old one now

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is land-locked and the training needs of our growing aerospace industry demand a program expansion.
And I recommend planning funds for the Forsyth County satellite of Lanier Tech, which will focus on high tech and health occupation programs.
I also recommend $3.5 million to upgrade our training equipment and $2.5 million for renovation and repair.
More funding has gone into our technical institutes in the past two years than at any comparable time in our history. But never has it been needed more.
I want to build public libraries in Charlton, Crawford, Effingham, Gwinnett, Madison, Meriwether, Oglethorpe counties and two in Fayette County, which have qualified for $7.6 million in construction assistance.
Last year, we reconstituted the Governor's Economic Development Council into a public-private partnership to direct the expansion of Georgia's economic development efforts.
I chair that council, and my legislative and budget recommendations for economic development have been formulated by the Council.
The centerpiece is $22 million for the Georgia Research Alliance - our answer to the Research Triangle of North Carolina. It is a public-private of our six major universities, industry and state government. It is coordinating and expanding our research capability in telecommunications, genetics and environmental sciences - three areas of emerging technology with great potential for future economic and industrial growth.
You will be interested to know that the $15 million we put into the Research Alliance last year has already attracted $32 million in federal and private research funds.
This year's recommendation is expected to bring $61 million in federal and private funds. So, in the course of making a long-term investment of $37 million in state funds, we are seeing an immediate economic impact of $130 million. Not a bad return!
This year's investment includes $13.6 million to construct or renovate facilities and purchase equipment. The remaining $8.4 million would help endow nine new eminent research scholars at the four largest universities, and fund a center at the Tifton Agricultural Experiment Station to develop and promote environmentally sound agricultural practices.
The second initiative of the Economic Development Council is $7 million to provide technology assistance to the pulp and paper, textile and apparel, and food processing industries that are the bedrock of our economy.
Georgia is the national leader in wood pulp and paperboard, and for our pulp and paper industry I propose $2.5 million in state funds to be matched one-by-one by private funds for research and technology transfer. Another $3.2 million will update and expand the prestigious Herty Foundation lab.
For our textile and apparel industry - the largest manufacturing employer in the state $500,000 will be matched by $2 million in federal funds to bring Georgia Tech into the National Textile Center.
Another $500,000 will again be matched by $2 million in federal funds for the Apparel Manufacturing Center, which is a joint project of Southern Tech and Georgia Tech.
Our food processing industry has tremendous potential for South Georgia, and we just launched a new export initiative to help it. For both the food processing and the textile and apparel industries, I propose funds to develop public-private initiatives to achieve greater competitiveness for these industries.
Of course, our transportation infrastructure continues to be important to economic development. I am recommending $125 million in bonds for our economic development highways, more money than last year, but with the same continuing emphasis on accelerating

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the Fall Line Freeway from Columbus to Augusta, and U.S. 27 through West Georgia from the Tennessee to the Florida state lines.
At our ports facilities, we must continue last year's progress on the long-term "Focus 2000" expansion plan. I recommend we authorize nearly $24.7 million in bonds, to be paid for our of Ports Authority revenues. These funds would purchase two new container cranes and begin Phase I development at Container Berth 7 in Garden City.
An additional $13.5 million is required as the state's final payment on the Savannah Harbor deepening project which will soon be underway.
Atlanta is an important hub for many modes of transportation, but its great potential has yet to be fully realized because of a lack of coordination among various types of transportation.
The amended budget for FY '93 includes planning funds for a multimodal transfer facility in downtown, and this budget includes $13.2 million for the first phase of construction. Again, I would like to point out that the bulk of the funding for this facility would come from the federal government.
I also recommend $1.7 million in bonds to acquire and rehabilitate various rail lines, preserving existing rail corridors. It will leverage $3.1 million in federal dollars.
I also propose $2 million in state matching funds to leverage $12 million in federal funds for low-income housing assistance.
With regards to tourism, the visitors center on 1-75 at Ringgold is old, too close to the highway for safety and is trying to serve more than ten times the volume of visitors that it was designed for.
A new center will cost $4.8 million, with $4 million in federal funds and the remaining $800,000 state match recommended in this budget.
I am also recommending the $6.5 million needed to build and equip the Georgia Music Hall of Fame in Macon. But this money will be contingent on local funds being raised to renovate the Douglass Theater and develop and music park, giving this facility the substance it needs to become a major tourist attraction.
In addition to education and economic development, a third priority for this budget, my administration and many of you, is healthy children. We must do a better job than we are doing, and we will with the revised Indigent Care Trust Fund.
I am recommending that $10.3 million from this fund be used to expand coverage for pregnant women and their infants up to an income level of 185 percent of the federal poverty level.
All Southeastern states except Alabama and Georgia have already taken this step to help combat infant mortality. Georgia has a higher infant mortality rate than anywhere in the nation except Washington, D.C. Let's not be dead last in the whole country to address this problem.
Another $19 million would extend Medicaid coverage to children under age 19 in families with income up to 100 percent of the federal poverty level. Right now we go to age 9.
These are school kids who are at risk, because they have trouble learning when unaddressed health problems get in the way.
New federal regulations require a revision of the Indigent Care Trust Fund, and a recent constitutional amendment has paved the way for us to do that.
Briefly and without losing you in that dark and dense forest of Medicaid terminology money can be transferred into the Trust Fund from public entities, hospital authorities, the Department of Human Resources and the Hospital Equipment Financing Authority and then used to draw down federal Medicaid funds.

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The $120.7 million coming into the Trust Fund in FY '94 will leverage federal Medicaid funds for a total of more than $321 million.
In addition to the statewide programs I've just described, this fund will continue to assist hospitals that have disproportionate indigent caseloads with additional Medicaid payments.
Medicaid is the fastest growing program in all of state government, and the second biggest budget category, exceeded only by our public schools.
Counting all state, federal and trust fund money, the FY '94 total for Medicaid surpasses $3 billion.
Not only are medical costs soaring, but, as I told you Tuesday, the number of Medicaid recipients has increased dramatically.
In FY '94, Medicaid is projected to serve slightly over one million Georgians - think about that . . . one of every six citizens in this state. This number has doubled in the last six years. And the number of claims we expect this year is double that of just four years ago.
Medicaid presently absorbs one of every three new dollars we take in revenue. Its growth takes money away from education and other important programs. So a major reason for the changes I outlined on Tuesday is to stretch our dollars as far as we can.
More than half of the states require a small co-payment from Medicaid recipients, including Alabama, North Carolina, South Carolina and Florida, all right around us. And they have found that it reduces unnecessary services.
I am recommending that Georgia require co-payments of one dollar on any non-emergency physician, drug, home health or hospital out-patient service.
We would exempt pregnant women, children, and nursing home residents.
Tuesday, I said I want to pilot a Primary Care Case Management initiative that has saved money in Kentucky. And to encourage its use, I propose that we exempt its participants from the copayment.
In addition to Medicaid, I am recommending an increase of $51 million for other health and social service programs in the Department of Human Resources.
In last year's budget, we began family-oriented community-based services for severely emotionally disturbed children in the DeKalb, Glynn, Hall and Muscogee service areas.
My first priority this year is to expand these services into five more service areas based in Ware, Chatham, Floyd, Houston and Troup counties.
As I mentioned Tuesday, I want to expand the PEACH program, which provides job training to welfare recipients. With this $2.5 million recommendation, we will have doubled the number of clients in the PEACH program since FY '91.
Some other recommendations include:
$300,000 to purchase AZT for AIDS patients;
$2 million to add 1,524 more youngsters to our early-intervention family support services for developmentally delayed pre-schoolers.
and $279,000 to match a HUD grant which supports two 75-bed residences for the homeless mentally ill in metro Atlanta.
Finally, $10 million in bonds will enable 14 DHR facilities to undertake 32 badly needed major renovation and repair projects.
For Natural Resources, my budget includes $20 million in bonds for land acquisition for Preservation 2000, $2.5 million for renovation and repairs at Sapelo and Ossabaw Islands and various state parks.

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I recommend start-up funds for the new state park at Tallulah Gorge, funds for a development plan at Sprewell Bluff and $18.5 million in bonds for the Mountain Park to be paid by revenues from the park.
For local governments, which bear the brunt of increasing demands for water, sewer and waste-water treatment, I recommend $30 million in bonds to continue our low-interest loan program. In the past decade, this program has provided almost $250 million in loans to local governments.
Another $1 million will start the parallel program of local government loans for solidwaste and recycling facilities, augmented by $4 million from the Georgia Environmental Facilities Authority.
I also propose $400,000 for matching grants to local governments to encourage the planning of regional solid waste facilities.
And I recommend $1 million in state matching money for a revolving loan fund through the Georgia Housing and Finance Authority to assist manufacturers and businesses who must build waste-water facilities.
For the Department of Corrections, I recommend $19.4 million to open new prison beds, and $27.2 million to annualize the operating cost of the prisons we're opening during FY '93 and to provide for increased inmate health costs.
I want to take a minute to talk more broadly about corrections in Georgia, and how it is changing. We used to have only two options - prison, and probation or parole.
However, as I pointed out to you on Tuesday, prisons are very expensive to build and operate. Alternatives like boot camp are not only much cheaper, but for certain offenders they are also much more effective.
So more recently we have developed a wider range of alternative programs like intensive probation, diversion centers and boot camps.
We are now in the process of sorting out who belongs where by adjusting sentencing guidelines, fine-tuning our parole grid and modifying boot camp regulations.
And House Bill 1607 - a landmark piece of legislation - has had a major impact on our prison population by allowing the use of alternatives to incarceration to penalize technical violations of probation.
At the same time that our alternative programs are reaching full stride, a major prison construction program begun several years ago has resulted in 5,400 new prison beds, all ready to come on line simultaneously.
So we have enough prison beds to end early release and keep violent criminals behind bars, where they belong, for a long time. And we will do that.
However, I see no reason to waste valuable state resources by staffing empty prison beds. We anticipate that we will need 2,322 new prison beds in FY '94, and this budget includes funds to open them in the most efficient way possible. We will then bring the remaining beds on line as we need them.
And you will find no additional prison construction in this budget - only $10.8 million in equipment for the new prisons and diversion centers we will open, $3.3 million for redevelopment at the Georgia Women's Correctional Institution and $2.6 million for Phase II support construction at the Calhoun, Wilcox, Tattnall, Pulaski and Macon county institutions.
For troubled children served by the new Department of Children and Youth Services, the critical need is increased placement services, especially for youth with special needs.
I recommend expanding six Intensive Supervision programs and two short-term residential programs to care for 140 more children.
I also propose that we increase our electronic monitoring capacity by 100 children and

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our aftercare program by 50 children, as well as provide additional funds for alcohol and drug testing and to increase the assessment staff.
I recommend $5.7 million in capital outlay in eight Youth Development Centers, including:
constructing replacement cottages at Augusta and Milledgeville;
designing new centers in Fulton, Chatham and Cobb Counties;
and repairing the centers in Milledgeville, Albany, Augusta and Gainesville.
Another area of special interest in this budget is the bonded capital outlay projects that relate to the 1996 Olympics.
The Olympics will have a $5 billion dollar economic impact that will be felt all across this state. But the real reason why the state needs to be involved is that two-thirds of the Olympic venues are on state property.
Stone Mountain Park, the Georgia Dome and the World Congress Center are among this state's biggest and best tourism and convention facilities.
They support themselves with their own revenues, they bring money into the state, they create jobs, and they generate millions of dollars in tax revenues that benefit all of your legislative districts.
I am proposing projects taken from the long-term plans for these facilities, that we would build whether the Olympics were coming or not.
They will generate revenues which will pay off the bonds issued for their construction, which is our normal budget procedure for these facilities.
Even the Olympic village housing at Georgia Tech is designed to pay off its own bonds by providing desperately needed dormitories for students after 1996.
Let me make this very clear: We are not building anything for the Olympics! We are using the state's bonding capability to make improvements that we planned to make anyway and that for the most part will generate the revenues to pay off the bonds.
The final topic I want to address is state government itself.
For our state employees I recommend a pay raise that takes a first step toward a performance-based plan. I propose that state agencies evaluate their employees on the anniversary of their employment date and reward good performance with a 2.5 percent pay increase at that time.
I also recommend:
$15 million in bonds to renovate the Atlanta Bank Tower, which was recently purchased by the Woodruff Foundation and donated to the state;
$2.2 million in bonds to continue fire code renovations at the Capitol;
and $1.8 million to replace plumbing, heating and electrical systems at the Department of Public Safety headquarters building.
Now, I've mentioned bonds for a variety of projects, and you are probably adding them up in your head and wondering if you ought to get worried. So in conclusion, let me say this about Georgia's bonded indebtedness.
Georgia has very conservative restrictions not only on the volume of state debt, but also on the control of it. We mostly require general obligation bonds, while other states use a much broader array of debt vehicles.
And we have been so conservative within those restrictions, that the bonds in this budget still do not put us anywhere close to our constitutional debt ceiling.
The Constitution limits us to spending 10 percent of our income for debt payments.

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The bonds I am recommending for FY '94 would put our payments right at 6 percent of our income.
And I want to emphasize this: That's actually a slight reduction in our debt level from last year, and it does not change the same basic level we've held during the past two decades.
Since I've been Governor, I've had lengthy and in-depth discussions with staff from the major bond rating services - Moody's and Standard and Poor's, both of which give Georgia top ratings. And I have learned that they do not simply look at your outstanding debt in evaluating your state's financial health.
These professional analysts are also looking for initiatives that will improve state services and create a climate that stimulates future economic growth and prosperity.
It is not enough to be fiscally conservative. We must also demonstrate an appropriate balance of assertive fiscal management and progress. That's what we've done in the past, and that is what this budget is designed to do.
I thank you for your patience as I've gone through this long, complicated, but very necessary process.
And I look forward to working with you as you now take your turn in the time honored process of helping to shape this budget.
Senator Robinson of the 16th moved that the Joint Session be now dissolved, and the motion prevailed.
The President of the Senate announced the Joint Session dissolved.
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House:
HB 108. By Representative Milam of the 130th: A bill to amend an Act providing a board of education of Troup County, so as to define the Troup County School District; to provide for the composition and election of members of the board; to provide for education districts.
HB 114. By Representative Bostick of the 165th: A bill to amend an Act entitled "An Act to provide a new charter for the City of Tifton," so as to provide that the city manager shall be engaged in no work or business outside of his or her duties as city manager unless authorized by the city commission.
HB 115. By Representative Bostick of the 165th: A bill to provide a homestead exemption from the City of Tifton ad valorem taxes for city purposes in the amount of $10,000.00 of the assessed value of that homestead for certain residents of that city; to provide such an exemption in the amount of $25,000.00 for certain such residents 65 years of age or older.
HB 119. By Representatives Channell of the lllth and Yeargin of the 90th: A bill to amend an Act providing for the election of members of the Board of Education of Wilkes County, so as to change the composition of the districts from which the members of the board are elected.

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HB 120. By Representatives Channell of the lllth and Yeargin of the 90th: A bill to amend an Act re-creating the Board of Commissioners of Wilkes County, so as to change the composition of the districts from which the members of the board are elected.
The following bills of the House were read the first time and referred to committee.
HB 108. By Representative Milam of the 130th: A bill to amend an Act providing a board of education of Troup County, so as to define the Troup County School District; to provide for the composition and election of members of the board; to provide for education districts.
Referred to Committee on Urban and County Affairs.
HB 114. By Representative Bostick of the 165th: A bill to amend an Act entitled "An Act to provide a new charter for the City of Tifton," so as to provide that the city manager shall be engaged in no work or business outside of his or her duties as city manager unless authorized by the city commission.
Referred to Committee on Urban and County Affairs.
HB 115. By Representative Bostick of the 165th: A bill to provide a homestead exemption from the City of Tifton ad valorem taxes for city purposes in the amount of $10,000.00 of the assessed value of that homestead for certain residents of that city; to provide such an exemption in the amount of $25,000.00 for certain such residents 65 years of age or older.
Referred to Committee on Urban and County Affairs.
HB 119. By Representatives Channell of the lllth and Yeargin of the 90th: A bill to amend an Act providing for the election of members of the Board of Education of Wilkes County, so as to change the composition of the districts from which the members of the board are elected.
Referred to Committee on Urban and County Affairs.
HB 120. By Representatives Channell of the lllth and Yeargin of the 90th: A bill to amend an Act re-creating the Board of Commissioners of Wilkes County, so as to change the composition of the districts from which the members of the board are elected.
Referred to Committee on Urban and County Affairs.
Serving as doctor of the day today was Dr. Thomas J. Anderson of Atlanta, Georgia.
Pursuant to the provisions of a previously adopted motion, the Senate adjourned until 9:30 o'clock A.M. tomorrow.

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Senate Chamber, Atlanta, Georgia Friday, January 15, 1993 Fifth Legislative Day

The Senate met pursuant to adjournment at 9:30 o'clock A.M. today and was called to order by the President.
Senator Huggins of the 53rd reported that the Journal of yesterday's proceedings had been read and found correct.
By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has agreed to the Senate substitute to the following bill of the House:
HB 35. By Representative Hanner of the 159th: A bill to reconstitute the Board of Education of Terrell County and provide for its powers, duties, rights, obligations, and liabilities and subject it to certain constitutional and statutory provisions.
The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:
SB 75. By Senators Boshears of the 6th and Kemp of the 3rd: A bill to amend an Act creating the State Court of Glynn County, as amended, so as to change the compensation of the solicitor of said court; to change the terms of said court; to provide for related matters; to provide an effective date.
Referred to Committee on Urban and County Affairs.
SB 76. By Senators Oliver of the 42nd and Farrow of the 54th: A bill to amend Code Section 15-2-4 of the Official Code of Georgia Annotated, relating to place of sessions and terms of court of the Supreme Court, so as to provide that no judgment in a second-term case, other than a judgment on a motion for reconsideration in such case, shall be rendered during the last 15 days of any term; to provide that disposition of first-term cases may be made during any nonterm periods.
Referred to Committee on Judiciary.
SB 77. By Senators Oliver of the 42nd, Taylor of the 12th, Farrow of the 54th and Robinson of the 16th: A bill to amend Chapter 13 of Title 50 of the Official Code of Georgia Annotated, relating to administrative procedure, so as to provide for notice of opportunity for a hearing; to provide for initiation of contested cases; to provide for commencement of contested case proceedings; to provide for decision not to conduct a contested case proceeding.
Referred to Committee on Judiciary.

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SB 78. By Senator Hill of the 4th:
A bill to amend an Act entitled "An Act to create a new charter for the City of Statesboro," so as to change the corporate limits of the city; to provide for a referendum; to provide for conditions for automatic repeal.
Referred to Committee on Urban and County Affairs.
SB 79. By Senators Newbill of the 56th, Gochenour of the 27th, Glanton of the 34th and others:
A bill to amend Part 9 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to grants for educational programs, so as to provide for charter schools; to provide for definitions; to provide for funding; to provide for requirements, conditions, and limitations; to provide for organization and operation of such schools; to provide for contracts.
Referred to Committee on Education.
SB 80. By Senators Ragan of the 32nd, Isakson of the 21st, Clay of the 37th and Scott of the 36th:
A bill to amend Code Section 40-1-1 of the Official Code of Georgia Annotated, relating to definitions in the title on motor vehicles, so as to revise a definition; to amend Code Section 46-1-1, relating to definitions in the title on public utilities and transportation, so as to revise a definition.
Referred to Committee on Finance and Public Utilities.
SB 81. By Senators Kemp of the 3rd, Middleton of the 50th, Boshears of the 6th and others:
A bill to amend Code Section 53-5-2 of the Official Code of Georgia Annotated, relating to support of the family of the deceased, so as to increase the minimum amount set aside for a year's support of the family to $10,000.00; to provide for applicability; to provide an effective date.
Referred to Committee on Special Judiciary.
SB 82. By Senator Walker of the 22nd:
A bill to amend Code Section 47-7-100 of the Official Code of Georgia Annotated, relating to eligibility for pension benefits under the Georgia Firemen's Pension Fund, so as to reduce the number of years required for vesting from 20 to 15 years and to provide for early retirement at the age of 45 years with reduced benefits; to provide conditions for an effective date and automatic repeal.
Referred to Committee on Retirement.
SB 83. By Senator Walker of the 22nd:
A bill to amend Chapter 7 of Title 47 of the Official Code of Georgia Annotated, relating to the Georgia Firemen's Pension Fund, so as to provide that any person employed as a fireman or enrolled as a volunteer fireman may apply for membership in such fund without regard to age; to repeal certain requirements for a physical examination; to repeal certain conditions of membership in such pension fund related to the physical condition of the member.
Referred to Committee on Retirement.

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SB 84. By Senator Alien of the 2nd:
A bill to amend Chapter 34 of Title 33 of the Official Code of Georgia Annotated, the "Georgia Motor Vehicle Accident Reparations Act," so as prohibit subrogation for medical benefits which do not exceed $5,000.00; to provide for applicability. Referred to Committee on Insurance and Labor.
SR 68. By Senator Dean of the 31st:
A resolution designating the Judge W. A. Poster Jr., Bridge. Referred to Committee on Rules.
SR 69. By Senator Dean of the 31st:
A resolution designating the Syble W. Brannan Parkway. Referred to Committee on Rules.
The following bills and resolutions of the Senate were read the second time:
SB 6. By Senators Garner of the 30th, Oliver of the 42nd, Walker of the 22nd and Scott of the 36th:
A bill to amend Part 4 of Article 1 of Chapter 8 of Title 40 of the Official Code of Georgia Annotated, relating to certain equipment required on motor vehicles operated in Georgia, so as to provide that the driver of a motor vehicle transporting a child under the age of 16 years shall ensure that such child properly uses an approved restraining device; to provide an effective date.
SB 7. By Senators Garner of the 30th, Oliver of the 42nd, Thompson of the 33rd and others:
A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to change provisions relating to bicycle safety; to define a term; to regulate the carrying of children under certain ages as passengers on bicycles; to require the use of bicycle helmets by minors under a certain age; to require proof of compliance in connection with certain bicycle rentals and leases.
SB 29. By Senators Taylor of the 12th, Henson of the 55th and Brown of the 26th:
A bill to amend Code Section 45-12-72 of the Official Code of Georgia Annotated, relating to establishment of the Office of Planning and Budget, so as to provide that positions of employment in said office shall be in the unclassified service of the state merit system of personnel administration; to amend Code Section 4520-2, relating to defined terms relating to the state merit system of personnel administration, so as to make a conforming amendment for the foregoing.
SR 44. By Senators Starr of the 44th and Robinson of the 16th:
A resolution re-creating the Joint Study Commission on Revenue Structure.
SR 64. By Senators Starr of the 44th, Robinson of the 16th, Hooks of the 14th and Coleman of the 1st:
A resolution authorizing the disposition by sale, lease, or exchange of certain state owned improved real properties located in the cities of Americus, Sumter County, Georgia; Lake City, Clayton County, Georgia; and Savannah, Chatham County, Georgia; to provide an effective date.

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

Mr. President:

The Committee on Education has had under consideration the following bills and resolution of the Senate and has instructed me to report the same back to the Senate with the following recommendations:
SB 45. Do pass by substitute. SB 43. Do pass by substitute. SR 7. Do pass as amended.
Respectfully submitted,
Senator Scott of the 36th District, Chairman

Mr. President:

The Committee on Judiciary has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SB 13. Do pass as amended.
Respectfully submitted,
Senator Oliver of the 42nd District, Chairman

Mr. President:

The Committee on Natural Resources has had under consideration the following bills of the Senate and has instructed me to report the same back to the Senate with the following recommendations:
SB 16. Do pass. SB 19. Do pass by substitute. SB 51. Do pass.
Respectfully submitted,
Senator Gillis of the 20th District, Chairman

Mr. President:

The Committee on Special Judiciary has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SB 31. Do pass.
Respectfully submitted,
Senator Egan of the 40th 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 8. Do pass.

HB 108. Do pass.

HB 9. Do pass.

HB 119. Do pass.

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HB 120. Do pass.

Respectfully submitted, Senator Thompson of the 33rd District, Chairman

Senator Garner of the 30th moved that Senator Broun of the 46th be excused from the Senate today due to illness.

On the motion, the yeas were 35, nays 0; the motion prevailed, and Senator Broun of the 46th was excused from the Senate today.

The President called for the morning roll call, and the following Senators answered to their names:

Balfour Baugh Blitch Boshears Brown of 26th Burton Cheeks Clay Coleman Crotts Dawkins Day Dean Edge Egan Farrow

Garner Gillis Glanton Gochenour Harbison Hemmer Henson Hill Huggins Isakson Kemp Langford of 29th Madden Marable Middleton Newbill

Those not answering were Senators:

Oliver Parrish Perdue Pollard Ragan of llth Ragan of 32nd Ralston Ray Robinson Scott
Starr
Taylor Thomas Turner Tysinger Walker

Abernathy Alien Bowen

Broun of 46th (excused) Hooks Langford of 35th

Slotin Thompson

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

Senator Hemmer of the 49th introduced the chaplain of the day, Reverend Frederick L. Jones, pastor of Grace Episcopal Church, Gainesville, Georgia, who offered scripture reading and prayer.

Senators Cheeks of the 23rd and Pollard of the 24th introduced the coaches and team members of the Columbia County Dixie Boys All-Star baseball team who were congratulated and commended by SR 61, adopted previously, on their 1992 World Series win.

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105

The following resolutions of the Senate were read and adopted:
SR 70. By Senators Pollard of the 24th, Broun of the 46th and Garner of the 30th: A resolution commending Jennifer Stancil.
SR 71. By Senators Blitch of the 7th and Garner of the 30th: A resolution commending Andrea Whatley.
SR 72. By Senators Blitch of the 7th and Garner of the 30th: A resolution commending Carrie Benefield.
SR 73. By Senators Day of the 48th, Hemmer of the 49th and Garner of the 30th: A resolution commending Dustin Wright.
SR 74. By Senators Garner of the 30th and Pollard of the 24th: A resolution recognizing the national 4-H winners from Georgia, the State 4-H President, and the observance of 4-H Day at the state capitol.
SR 75. By Senators Langford of the 29th, Edge of the 28th and Garner of the 30th: A resolution commending Brandie Rucks.
SR 76. By Senators Blitch of the 7th and Garner of the 30th: A resolution commending Alec Mathis.
SR 77. By Senators Perdue of the 18th and Garner of the 30th: A resolution commending Patrick Lucas.
SR 78. By Senators Perdue of the 18th and Garner of the 30th: A resolution commending Maleia Barry.
SR 79. By Senators Robinson of the 16th, Harbison of the 15th and Garner of the 30th: A resolution commending Kara Miller.
SR 80. By Senators Dean of the 31st and Garner of the 30th: A resolution commending Jason Parris.
SR 81. By Senators Dean of the 31st and Garner of the 30th: A resolution commending Edgar Rhodes.
SR 82. By Senators Turner of the 8th, Ragan of the llth and Garner of the 30th: A resolution commending Luther Reynolds.
SR 83. By Senators Scott of the 36th and Garner of the 30th: A resolution commending Amy Shahan.
SR 84. By Senators Gillis of the 20th and Garner of the 30th: A resolution commending Lonnie Joyce.
SR 85. By Senators Hill of the 4th and Garner of the 30th: A resolution commending Timothy Edwards.

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SR 86. By Senators Blitch of the 7th and Garner of the 30th: A resolution commending Derron Spike.

SR 87. By Senators Blitch of the 7th and Garner of the 30th: A resolution commending Tonya Douce.

SR 88. By Senators Cheeks of the 23rd and Pollard of the 24th: A resolution honoring Tamara Nicole Jones.

SR 89. By Senator Hill of the 4th:
A resolution commending and recognizing Little Bethel Baptist Church of Brooklet, Georgia, on its centennial celebration.

Senator Turner of the 8th moved that the following resolution of the Senate be withdrawn from the Senate Committee on Rules and committed to the Senate Committee on
Banking and Financial Institutions:

SR 67. By Senators Turner of the 8th, Clay of the 37th, Scott of the 36th and others:
A resolution urging the United States Congress to take all necessary and appropriate action to reduce the regulatory burden on banks.

On the motion, the yeas were 36, nays 0; the motion prevailed, and SR 67 was with-
drawn from the Senate Committee on Rules and committed to the Senate Committee on Banking and Financial Institutions.

The following local, uncontested bills of the House, favorably reported by the committee as listed on the Senate Local Consent Calendar, were put upon their passage:

SENATE LOCAL CONSENT CALENDAR
Friday, January 15, 1993 FIFTH LEGISLATIVE DAY (The names listed with each bill are the Senators whose districts are affected by the legislation.)

HB

8 Robinson, 16th

Langford, 29th

HARRIS COUNTY

A bill to be entitled an Act to reconstitute the Board of Education of Harris County and provide for its powers, duties, rights, obligations and liabilities and subject it to certain constitutional and statutory provisions; and for other
purposes.

HB

9 Robinson, 16th

Langford, 29th

HARRIS COUNTY

A bill to be entitled an Act to amend an Act entitled "An Act to create the
Board of Commissioners in Harris County," so as to change the commissioner districts in Harris County; and for other purposes.

HB 108 Langford, 29th TROUP COUNTY
A bill to be entitled an Act to amend an Act providing a Board of Education

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of Troup County, so as to define the Troup County School District; to provide for the composition and election of members of the board; to provide for education districts; and for other purposes.

HB 119 Pollard, 24th WILKES COUNTY
A bill to be entitled an Act to amend an Act providing for the election of members of the Board of Education of Wilkes County, so as to change the composition of the districts from which the members of the board are elected; and for other purposes.

HB 120 Pollard, 24th WILKES COUNTY
A bill to be entitled an Act to amend an Act of Wilkes County re-creating the Board of Commissioners, so as to change the composition of the districts from which the members of the board are elected; and for other purposes.

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 Balfour Baugh Blitch Boshears Bowen Brown of 26th Clay Crotts Dawkins Day Dean Edge Egan Farrow Garner

Gillis Glanton Gochenour Harbison Hemmer Hill Hooks Huggins Isakson Kemp Langford of 35th Langford of 29th Madden Marable Middleton Newbill

Oliver Perdue Pollard Ragan of llth Ragan of 32nd Ralston Ray Robinson Scott Slotin Starr Taylor Thomas Thompson Turner Tysinger

Those not voting were Senators:

Abernathy Broun of 46th (excused) Burton

Cheeks Coleman Henson

Parrish Walker

On the passage of all the local bills, the yeas were 48, nays 0.

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

Senator Robinson of the 16th moved that all the local bills passed on the Senate Local Consent Calendar today be immediately transmitted to the House.

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On the motion, the yeas were 38, nays 0; the motion prevailed, and all the local bills passed on the Senate Local Consent Calendar were immediately transmitted to the House.
Senator Oliver of the 42nd introduced the doctor of the day, Dr. J. R. B. Hutchinson, of DeKalb County, Tucker, Georgia.
Also serving as a doctor of the day today was Dr. Robert A. Williams, of Dunwoody, Georgia.
Senator Robinson of the 16th moved that, pursuant to HR 8 adopted previously, the Senate recess until 5:00 o'clock P.M. today, and at that time stand adjourned until 10:00 o'clock A.M. on Monday, February 1, 1993. The motion prevailed.
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House:
HB 123. By Representative Bostick of the 165th: A bill to amend an Act entitled "An Act to provide a new charter for the City of Tifton," so as to provide that municipal elections shall be held on a certain date.
HB 127. By Representative Channell of the lllth: A bill to reconstitute the Board of Education of Taliaferro County and provide for its powers, duties, rights, obligations, and liabilities and subject it to certain constitutional and statutory provisions.
HB 129. By Representative Channell of the lllth: A bill to amend an Act providing a new charter for the City of Greensboro, so as to revise the punishment which may be imposed by the recorder's court for offenses within its jurisdiction.
HB 135. By Representative Johnson of the 84th: A bill to amend an Act incorporating the City of Grayson, so as to change the provisions relating to the time of election, taking of office, and terms of office of the mayor and councilmembers.
HB 152. By Representative Stephenson of the 25th: A bill to amend an Act providing a new charter for the City of Commerce, so as to reconstitute the board of education of the independent school system of the City of Commerce and provide for its powers, duties, rights, obligations, and liabilities and subject it to certain constitutional and statutory provisions.
HB 155. By Representative Stancil of the 91st: A bill to amend an Act providing for the election of members of the Board of Education of Morgan County, so as to change the composition of and reapportion the education districts from which members of the board of education are elected.

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HB 156. By Representative Stancil of the 91st: A bill to amend an Act creating the Board of Commissioners of Morgan County, so as to change the composition of the commissioner districts from which members of the Board of Commissioners of Morgan County are elected.
HB 157. By Representative Purcell of the 147th: A bill to amend an Act creating the State Court of Emngham County, so as to change the salary of the judge of said court.
HB 159. By Representatives Channell of the lllth and Bargeron of the 120th: A bill to reconstitute the Board of Education of Warren County and provide for its powers, duties, rights, obligations, and liabilities and subject it to certain constitutional and statutory provisions.
HB 121. By Representatives Murphy of the 18th, Coleman of the 142nd, Walker of the 141st, Baker of the 70th, Bordeaux of the 151st and others: A bill to amend an Act providing appropriations for the State Fiscal Year 19921993 known as the "General Appropriations Act", so as to change certain appropriations for the State Fiscal Year 1992-1993.
HB 82. By Representatives Walker of the 141st, Coleman of the 142nd, Holmes of the 53rd, Murphy of the 18th, Lee of the 94th and others: A bill to amend Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to state printing and documents, so as to provide that stationery used by state agencies, state departments, and other state entities shall have printed thereon one or more telephone numbers and telephone facsimile numbers, if applicable, to which responses and inquiries may be directed.
HB 109. By Representative Groover of the 125th: A bill to amend Chapter 7 of Title 5 of the Official Code of Georgia Annotated, relating to appeal or certiorari by the state in criminal cases, so as to provide that in any criminal case in which an appeal is taken by the state the defendant shall have a right to cross appeal.
HB 125. By Representatives Pinholster of the 15th, Stancil of the 16th, Harris of the 17th, Ashe of the 46th, Smith of the 174th and others: A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to change certain restrictions on campaign and polling activities within the vicinity of a polling place.
The following bills of the House were read the first time and referred to committees:
HB 123. By Representative Bostick of the 165th: A bill to amend an Act entitled "An Act to provide a new charter for the City of Tifton," so as to provide that municipal elections shall be held on a certain date.
Referred to Committee on Urban and County Affairs.
HB 127. By Representative Channell of the lllth: A bill to reconstitute the Board of Education of Taliaferro County and provide for its powers, duties, rights, obligations, and liabilities and subject it to certain constitutional and statutory provisions.
Referred to Committee on Urban and County Affairs.

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HB 129. By Representative Channell of the lllth:
A bill to amend an Act providing a new charter for the City of Greensboro, so as to revise the punishment which may be imposed by the recorder's court for offenses within its jurisdiction. Referred to Committee on Urban and County Affairs.
HB 135. By Representative Johnson of the 84th:
A bill to amend an Act incorporating the City of Grayson, so as to change the provisions relating to the time of election, taking of office, and terms of office of the mayor and councilmembers. Referred to Committee on Urban and County Affairs.
HB 152. By Representative Stephenson of the 25th:
A bill to amend an Act providing a new charter for the City of Commerce, so as to reconstitute the board of education of the independent school system of the City of Commerce and provide for its powers, duties, rights, obligations, and liabilities and subject it to certain constitutional and statutory provisions. Referred to Committee on Urban and County Affairs.
HB 155. By Representative Stancil of the 91st:
A bill to amend an Act providing for the election of members of the Board of Education of Morgan County, so as to change the composition of and reapportion the education districts from which members of the board of education are elected. Referred to Committee on Urban and County Affairs.
HB 156. By Representative Stancil of the 91st:
A bill to amend an Act creating the Board of Commissioners of Morgan County, so as to change the composition of the commissioner districts from which members of the Board of Commissioners of Morgan County are elected. Referred to Committee on Urban and County Affairs.
HB 157. By Representative Purcell of the 147th:
A bill to amend an Act creating the State Court of Effingham County, so as to change the salary of the judge of said court. Referred to Committee on Urban and County Affairs.
HB 159. By Representative Channell of the lllth and Bargeron of the 120th:
A bill to reconstitute the Board of Education of Warren County and provide for its powers, duties, rights, obligations, and liabilities and subject it to certain constitutional and statutory provisions. Referred to Committee on Urban and County Affairs.
HB 82. By Representatives Walker of the 141st, Coleman of the 142nd, Holmes of the 53rd and others:
A bill to amend Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to state printing and documents, so as to provide that stationery used by state agencies, state departments, and other state entities shall have printed thereon one or more telephone numbers and telephone facsimile numbers, if applicable, to which responses and inquiries may be directed. Referred to Committee on Governmental Operations.

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HB 109. By Representative Groover of the 125th:
A bill to amend Chapter 7 of Title 5 of the Official Code of Georgia Annotated, relating to appeal or certiorari by the state in criminal cases, so as to provide that in any criminal case in which an appeal is taken by the state the defendant shall have a right to cross appeal. Referred to Committee on Judiciary.
HB 121. By Representatives Murphy of the 18th, Coleman of the 142nd, Walker of the 141st and others:
A bill to amend an Act providing appropriations for the State Fiscal Year 19921993 known as the "General Appropriations Act", so as to change certain appropriations for the State Fiscal Year 1992-1993. Referred to Committee on Appropriations.
HB 125. By Representatives Pinholster of the 15th, Stancil of the 16th, Harris of the 17th and others: A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to change certain restrictions on campaign and polling activities within the vicinity of a polling place.
Referred to Committee on Governmental Operations.
At 5:00 o'clock P.M., pursuant to HR 8 adopted previously, the Senate stood adjourned until 10:00 o'clock A.M. on Monday, February 1, 1993.

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Senate Chamber, Atlanta, Georgia Monday, February 1, 1993
Sixth Legislative Day

The Senate met pursuant to adjournment at 10:00 o'clock A.M. today and was called to order by the President.
Senator Huggins of the 53rd reported that the Journal of the proceedings of Friday, January 15, 1993, 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 85. By Senator Pollard of the 24th:
A bill to amend Part 13 of Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to registration of liens for federal taxes, so as to provide that the clerk of superior court shall file, index, and record notices of federal tax liens, refilings of federal tax liens, notices or revocations of certificates relating to liens on real property for taxes payable to the United States, or certificates of discharge of federal tax liens. Referred to Committee on Finance and Public Utilities.
SB 86. By Senator Ragan of the 32nd:
A bill to amend Article 2 of Chapter 5 of Title 28 of the Official Code of Georgia Annotated, relating to fiscal affairs subcommittees, so as to require the submission of certain four-year strategic plans by each budget unit; to provide for the contents of such plans; to provide for program reviews of existing and proposed programs of each state agency; to provide for a short title. Referred to Committee on Appropriations.
SB 87. By Senator Ray of the 19th:
A bill to amend Code Section 42-8-34 of the Official Code of Georgia Annotated, relating to hearings and determinations under the "Statewide Probation Act," so as to provide for probation fees in certain cases of probation or pretrial release or diversion under the supervision of the Department of Corrections; to provide for the waiver or amendment of probation fees under certain conditions. Referred to Committee on Corrections.
SB 88. By Senator Isakson of the 21st:
A bill to amend Chapter 44 of Title 43 of the Official Code of Georgia Annotated, relating to speech-language pathology and audiology, so as to change an exemption from licensing; to provide for the granting of licenses to certain persons employed in educational institutions under certain conditions. Referred to Committee on Education.
SB 89. By Senator Alien of the 2nd:
A bill to amend Chapter 1 of Title 45 of the Official Code of Georgia Annotated, relating to general provisions regarding public officers and employees, so as to

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authorize certain public employees to file complaints regarding the possible existence of any activity constituting fraud, waste, or abuse in or relating to any state operations or program. Referred to Committee on Governmental Operations.
SB 90. By Senators Coleman of the 1st and Thompson of the 33rd:
A bill to amend Code Section 32-9-4 of the Official Code of Georgia Annotated, relating to designation of travel lanes and use of such lanes, so as to provide for penalties for violations of use by drivers of vehicles not authorized to operate in certain designated travel lanes; to amend Article 3 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to driving on the right side of the roadway, so as to provide for designation and use of travel lanes. Referred to Committee on Transportation.
SB 91. By Senators Coleman of the 1st and Thompson of the 33rd:
A bill to amend Title 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries, so as to provide that Department of Transportation enforcement officers may enforce all state laws and arrest any person on property owned or controlled by the State Tollway Authority; to provide for the collection of an administrative fee when recovering the nonpayment of a toll; to provide for fines for failure to pay tolls. Referred to Committee on Transportation.
SB 92. By Senators Coleman of the 1st and Thompson of the 33rd:
A bill to amend Code Section 32-6-2 of the Official Code of Georgia Annotated, relating to the authority of the department, counties, and municipalities to regulate parking and remove unattended vehicles from public roads, so as to authorize the Department of Transportation to remove all unattended, abandoned, or distressed motor vehicles from any portion of the state highway system. Referred to Committee on Transportation.
SB 93. By Senators Coleman of the 1st and Thompson of the 33rd:
A bill to amend Code Section 32-9-5 of the Official Code of Georgia Annotated, relating to the Department of Transportation's authority to support ride-sharing programs, so as to enable the department to provide financial support for ridesharing programs; to provide an effective date. Referred to Committee on Transportation.
SB 94. By Senator Abernathy of the 38th:
A bill to amend Chapter 3 of Title 6 of the Official Code of Georgia Annotated, relating to the acquisition, construction, and operation of airports, landing fields, and navigation facilities, so as to provide that certain counties operating noncommercial airports or landing fields may not operate any such airport or landing field for any commercial use or purpose unless such change is approved in a referendum. Referred to Committee on Transportation.
SB 95. By Senators Scott of the 36th, Slotin of the 39th and Langford of the 35th:
A bill to amend Code Section 3-3-20 of the Official Code of Georgia Annotated, relating to the sale of alcoholic beverages on Sundays, election days, and Christmas Day, so as to provide that a supermarket or grocery store which is used as a polling place may sell alcoholic beverages on primary or general election days. Referred to Committee on Consumer Affairs.

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SB 96. By Senators Scott of the 36th, Slotin of the 39th and Langford of the 35th:
A bill to amend an Act providing for the establishment of a county-wide library system in Fulton County, as amended, so as to change the provisions relative to discontinuation of the use of real property for a library facility or service; to provide an effective date. Referred to Committee on Urban and County Affairs.
SB 97. By Senators Scott of the 36th, Slotin of the 39th and Langford of the 35th:
A bill to amend an Act creating and establishing a purchasing department in certain counties of this state, as amended, so as to change the provision relative to public letting and bids; to change the provision relative to advertisement of bids; to provide an effective date. Referred to Committee on Urban and County Affairs (General).
SB 98. By Senators Slotin of the 39th, Blitch of the 7th, Boshears of the 6th and others:
A bill to amend Article 2 of Chapter 4 of Title 32 of the Official Code of Georgia Annotated, relating to the state highway system, so as to revise the developmental highway system; to provide for an effective date. Referred to Committee on Transportation.
SB 99. By Senator Newbill of the 56th:
A bill to amend Article 2 of Chapter 16 of Title 45 of the Official Code of Georgia Annotated, known as the "Georgia Death Investigation Act," so as to redefine "autopsy" and "limited dissection"; to provide that tissues may be retained for additional studies; to provide that the county medical examiner shall be notified when any person dies after having been admitted to a hospital in an unconscious state and without regaining consciousness within 24 hours of admission. Referred to Committee on Judiciary.
SB 100. By Senators Broun of the 46th and Tysinger of the 41st:
A bill to amend Code Section 50-27-13 of the Official Code of Georgia Annotated, relating to the disposition of lottery proceeds, so as to restrict the appropriation of lottery proceeds from the Lottery for Education Account under certain conditions based on other appropriations for education. Referred to Committee on Education.
SB 101. By Senators Newbill of the 56th, Marable of the 52nd and Edge of the 28th:
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 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 systems. Referred to Committee on Education.
SB 102. By Senator Pollard of the 24th:
A bill to repeal an Act providing for a board of elections in each county having a population of not less than 22,312 and not more than 22,825, approved April 11, 1979, as amended by an Act providing for applicability to each county having a population of not less than 40,000 and not more than 40,700, approved April 12, 1982; to provide an effective date. Referred to Committee on Urban and County Affairs (General).

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SB 103. By Senator Pollard of the 24th:
A bill to amend Code Section 34-9-12 of the Official Code of Georgia Annotated, relating to records of the State Board of Workers' Compensation, so as to provide for access to the board's records of fatal cases by the Georgia Department of Labor and the United States Department of Labor Census of Fatal Occupational Injuries Program; to provide an effective date.
Referred to Committee on Insurance and Labor.

SB 104. By Senators Broun of the 46th, Oliver of the 42nd and Perdue of the 18th:
A bill to amend Chapter 27 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia Lottery for Education, so as to provide for setoff debt collection with respect to lottery prizes; to change certain provisions regarding restrictions on prizes; to provide for legislative purposes; to provide for definitions; to provide that such setoff remedy shall be in addition to certain other remedies; to provide for comprehensive procedures.
Referred to Committee on Economic Development, Tourism and Cultural Affairs.

SB 105. By Senators Scott of the 36th, Henson of the 55th, Thomas of the 10th, Oliver of

the 42nd and Parrish of the 43rd:

,

A bill to amend Chapter 4 of Title 7 of the Official Code of Georgia Annotated, relating to interest and usury, so as to provide a short title; to provide for legislative intent; to provide certain definitions; to provide for certain permitted charges in connection with nonpurchase money loans secured by security deeds or other security instruments on residential real estate; to provide for the allowable rate of interest to be charged for such loans.

Referred to Committee on Banking and Financial Institutions.

SR 90. By Senator Ragan of the 32nd:
A resolution proposing an amendment to the Constitution so as to provide that beginning on or after January 1, 1994, no Senator shall serve more than six consecutive terms in the Senate and no Representative shall serve more than six consecutive terms in the House of Representatives; to provide that persons holding the office of Lieutenant Governor may succeed themselves for two four-year terms of office; to provide for the submission of this amendment for ratification or rejection.
Referred to Committee on Special Judiciary.

SR 91. By Senator Ragan of the 32nd:
A resolution proposing an amendment to the Constitution so as to provide that in each fiscal year at least 38 percent of all state funds appropriated, exclusive of lottery proceeds, must be appropriated for educational programs and purposes; to provide for the submission of this amendment for ratification or rejection.
Referred to Committee on Appropriations.

SR 92. By Senator Ragan of the 32nd:
A resolution proposing an amendment to the Constitution so as to provide for a limit upon certain increases in the assessment of property for ad valorem tax purposes; to provide for the submission of this amendment for ratification or rejection.
Referred to Committee on Finance and Public Utilities.

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SR 93. By Senator Ragan of the 32nd:
A resolution creating the Commission on the Certification of Automobile Body Shops, Body and Fender Shops, Collision Repair Facilities, Body and Collision Repair Dealerships, and Paint and Body Shops.
Referred to Committee on Governmental Operations.

SR 94. By Senator Ragan of the 32nd:
A resolution proposing an amendment to the Constitution so as to provide that bills that propose to raise revenue or appropriate money equal to or in excess of two-tenths of 1 percent of the state budget in effect at the time of the proposed bill shall require the approval of two-thirds of the members elected to each branch of the General Assembly in a roll-call vote; to provide for the submission of this amendment for ratification or rejection.
Referred to Committee on Finance and Public Utilities.

SR 96. By Senators Abernathy of the 38th and Scott of the 36th:
A resolution recognizing African American entrepreneurs and proclaiming February 11, 1993, as "African American Business Enterprise Day". Referred to Committee on Rules.

SR 99. By Senators Newbill of the 56th and Edge of the 28th:
A resolution proposing an amendment to the Constitution so as to provide that the approval of the Governor shall be required before the State Board of Pardons and Paroles shall be authorized to commute a sentence of death to life imprisonment or to grant a parole to any person sentenced to life imprisonment or convicted of any ofFense involving trafficking in certain illegal substances; to provide for the submission of this amendment for ratification or rejection.
Referred to Committee on Judiciary.

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

Mr. President:

The Committee on Banking and Financial Institutions has had under consideration the following resolution of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SR 67. Do pass as amended.
Respectfully submitted,
Senator Turner of the 8th 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 78. Do pass.

HB 155. Do pass.

HB 127. Do pass.

HB 156. Do pass.

HB 129. Do pass. HB 135. Do pass.

HB 157. Do pass. HB 159. Do pass.

Respectfully submitted,

Senator Thompson of the 33rd District, Chairman

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The following bills and resolution of the Senate were read the second time:
SB 13. By Senators Oliver of the 42nd, Egan of the 40th, Starr of the 44th and others:
A bill to amend Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to crimes against the person, so as to provide for the crimes of stalking and aggravated stalking; to amend Article 1 of Chapter 5 of Title 42, relating to correctional institutions of the state and counties, so as to provide for notice to victims of the release from custody of certain persons charged with the offense of stalking or aggravated stalking.
SB 16. By Senator Egan of the 40th:
A bill to amend Article 1 of Chapter 7 of Title 52 of the Official Code of Georgia Annotated, relating to general provisions applicable to the "Georgia Boat Safety Act," so as to provide for the display of registration decals on both sides of a vessel; to repeal certain provisions relating to a horsepower limitation on Lake Tugalo; to provide for a horsepower limitation on a portion of the Chattahoochee River; to provide an effective date.
SB 19. By Senators Robinson of the 16th and Harbison of the 15th:
A bill to amend Article 2 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to the control of water pollution and surface-water use, so as to provide that any person operating a combined sewer overflow system in violation of such article shall not be subject to criminal sanctions; to provide that any such person shall not be prohibited from adding any additional sewer connections to such combined sewer overflow system.
SB 31. By Senators Clay of the 37th, Ragan of the 32nd, Thompson of the 33rd and Isakson of the 21st:
A bill to provide for an additional judge of the superior court of the Cobb Judicial Circuit; to provide for the initial appointment and subsequent election of such judge and of such judge's successors; to amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the number of superior court judges for each of the judicial circuits, so as to provide for an additional judge of the superior court of the Cobb Judicial Circuit.
SB 43. By Senators Newbill of the 56th, Clay of the 37th, Gochenour of the 27th and others:
A bill to amend Part 1 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the purpose of the "Quality Basic Education Act," so as to add certain goals to the Act.
SB 45. By Senators Newbill of the 56th, Clay of the 37th, Glanton of the 34th and others:
A bill to amend Article 1 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the State Board of Education, so as to change certain requirements regarding public hearings by members of the State Board of Education.
SB 51. By Senators Gillis of the 20th, Huggins of the 53rd and Perdue of the 18th:
A bill to amend Code Section 12-6-5 of the Official Code of Georgia Annotated, relating to the powers and duties of the State Forestry Commission, so as to authorize the director of the State Forestry Commission to accept the service of

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unpaid volunteers for certain duties; to authorize the reimbursement of such persons for certain expenses; to provide that such persons shall not be employees of the state.
SR 7. By Senators Scott of the 36th, Robinson of the 16th and Oliver of the 42nd:
A resolution creating the Task Force on Educational Outcomes Based Flexibility.
The President called for the morning roll call, and the following Senators answered to their names:

Abernathy Alien Balfour Baugh Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cheeks Clay Coleman Crotts Dawkins Day Dean Edge Egan

Farrow Garner Gillis Glanton Gochenour Harbison Hemmer Henson Hill Hooks Huggins Isakson Kemp Langford of 35th Langford of 29th Madden Marable Middleton

Newbill Oliver Parrish Perdue Pollard Ragan of llth Ragan of 32nd Ralston Ray Robinson Scott Slotin Starr Taylor Thomas Thompson Turner Tysinger

Not answering was Senator Walker.

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

Senator Turner of the 8th introduced the chaplain of the day, The Reverend Henry I. Louttit, Jr., pastor of Christ Episcopal Church, Valdosta, Georgia, who offered scripture reading and prayer.

The following resolutions of the Senate were read and adopted:

SR 10. By Senator Thomas of the 10th: A resolution recognizing Herman Hopgood and Brian Gulp.

SR 24. By Senator Pollard of the 24th:
A resolution recognizing the month of May, 1993, as "Motorcycle Awareness and You Month" in Georgia.

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119

SR 29. By Senator Langford of the 29th: A resolution honoring Mr. Jim Kelly.
SR 36. By Senators Scott of the 36th and Langford of the 35th: A resolution commending Donald Lee Hollowell.
SR 95. By Senator Cheeks of the 23rd: A resolution commending the spouses of members of the General Assembly.
SR 97. By Senator Hemmer of the 49th: A resolution commending and recognizing the Georgia Recreation and Parks Association.
SR 98. By Senators Turner of the 8th and Ragan of the llth: A resolution commending James A. Bridges, President of Valdosta Technical Institute.
SR 100. By Senators Pollard of the 24th and Garner of the 30th: A resolution commending Heather Lynn Hardy.
SR 101. By Senator Garner of the 30th: A resolution recognizing and commending the 1992 Bowdon High School Red Devil football team.
SR 102. By Senator Oliver of the 42nd: A resolution commending Georgia Citizens for the Arts.
SR 103. By Senator Cheeks of the 23rd: A resolution commending Gregory Thomas Chesnut on attaining the rank of Eagle Scout.
SR 104. By Senator Cheeks of the 23rd: A resolution commending Jeffrey Hamilton Chesnut on attaining the rank of Eagle Scout.
SR 105. By Senators Thomas of the 10th, Henson of the 55th and Parrish of the 43rd: A resolution commending Ms. Patricia C. Jones.
The following local, uncontested bills of the Senate and House, favorably reported by the committee as listed on the Senate Local Consent Calendar, were put upon their passage:
SENATE LOCAL CONSENT CALENDAR Monday, February 1, 1993
SIXTH LEGISLATIVE DAY (The names listed with each bill are the Senators whose districts are affected by the legislation.)
SB 78 Hill, 4th CITY OF STATESBORO Amends an Act creating a new charter for the City of Statesboro, changing

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the corporate limits of the city; providing for a referendum; provides for conditions for automatic repeal; to repeal conflicting laws; and other purposes.
HB 127 Baugh, 25th TALIAPERRO COUNTY Reconstitutes the Board of Education of Taliaferro County and provides for its powers, duties, rights, obligations, and liabilities and subjects it to certain constitutional and statutory provisions; and for other purposes.
HB 129 Baugh, 25th CITY OF GREENSBORO Amends an Act providing for a new charter for the City of Greensboro, revises the punishment which may be imposed by the recorder's court for offenses within its jurisdiction; and for other purposes.
HB 135 Day, 48th CITY OF GRAYSON Amends an Act incorporating the City of Grayson, changes the provisions relating to the time of election, taking office, and terms of office of the mayor and council members; and for other purposes.
HB 155 Pollard, 24th MORGAN COUNTY Amends an Act providing for the election of members of the Board of Education of Morgan County, changes the composition of and reapportions the education districts from which the members of the board of education are elected; and other purposes.
HB 156 Pollard, 24th MORGAN COUNTY Amends an Act creating the Board of Commissioners of Morgan County, changes the composition of the commissioner districts from which members of the Board of Commissioners of Morgan County are elected; and for other purposes.
HB 157 Alien, 2nd Hill, 4th EFFINGHAM COUNTY Amends an Act creating the State Court of Effingham County, changes the salary of the judge of the court; and for other purposes.
HB 159 Pollard, 24th Baugh, 25th WARREN COUNTY An Act to reconstitute the Board of Education of Warren County and provide for its powers, duties, rights, obligations and liabilities and subjects it to certain constitutional and statutory provisions; and for other purposes.
The report of the committee, which was favorable to the passage of the bills as reported, was agreed to.

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121

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:

Abernathy Alien Balfour Baugh Blitch Boshears Bowen Broun of 46th BBruorwtonn of 26th
Cheeks Coleman
Crotts Day Dean Edge Egan

Farrow Gillis Glanton Gochenour Harbison Hemmer Henson Hill HHuogogkisns
Isakson Kemp
Langford of 29th Madden Marable Middleton Newbill

Oliver Parrish Perdue Pollard Ragan of llth Ragan of 32nd Ralston "al8tn Rob.'nson
cott Starr
Taylor Thomas Thompson Turner Tysinger

Those not voting were Senators:

Clay Dawkins

Garner Langford of 35th

Slotin Walker

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

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

SENATE CALENDAR Monday, February 1, 1993 SIXTH LEGISLATIVE DAY
SB 6 Seat Belt driver ensure that child under 16 use (YA&HE 30th) SB 7 Bicycle Safety regulate child passenger under certain age (YA&HE 30th) SB 29 Merit System Office of Planning and Budget positions in unclassified service
(Gov Op 12th) SR 44 Joint Study Commission on Revenue Structure re-create (F&PU 44th) SR 64 State Owned Property, Certain Cities disposition by sale, lease (F&PU 44th)

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

SB 6. By Senators Garner of the 30th, Oliver of the 42nd, Walker of the 22nd and Scott of the 36th:
A bill to amend Part 4 of Article 1 of Chapter 8 of Title 40 of the Official Code of Georgia Annotated, relating to certain equipment required on motor vehicles operated in Georgia, so as to provide that the driver of a motor vehicle transporting a child under the age of 16 years shall ensure that such child properly uses an approved restraining device; to provide an effective date.

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

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

Those voting in the affirmative were Senators:

Abernathy Alien Balfour Baugh Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cheeks Coleman Crotts Dawkins Day Dean Edge

Egan Farrow Garner Gillis Gochenour Harbison Hemmer Henson Hill Hooks Huggins Isakson Kemp Langford of 29th Madden Marable Middleton

Newbill Oliver Perdue Pollard Ragan of llth Ragan of 32nd Ralston Ray Robinson Scott Slotin Starr Taylor Thomas Thompson Turner Tysinger

Voting in the negative was Senator Glanton.

Those not voting were Senators:

Clay Langford of 35th

Parrish

Walker

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

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

SB 7. By Senators Garner of the 30th, Oliver of the 42nd, Thompson of the 33rd and others:
A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to change provisions relating to bicycle safety; to define a term; to regulate the carrying of children under certain ages as passengers on bicycles; to require the use of bicycle helmets by minors under a certain age; to require proof of compliance in connection with certain bicycle rentals and leases.

Senator Garner of the 30th offered the following amendment:

Amend SB 7 by striking on page 3 lines 8, 9, and 10 and inserting the following: "This Act shall become effective July 1, 1993."

On the adoption of the amendment, the yeas were 45, nays 0, and the amendment was adopted.

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

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

Those voting in the affirmative were Senators:

Abernathy Balfour Baugh Blitch Boshears Broun of 46th Brown of 26th Burton Clay Crotts Day Dean Edge Egan Farrow

Garner Gillis Harbison Hemmer Henson Hill Hooks Muggins Isakson Langford of 35th Madden Marable Newbill Oliver

Parrish Perdue Pollard Ragan of 32nd Ralston Ray Robinson Scott Starr Taylor Thomas Thompson Turner Tysinger

Those voting in the negative were Senators:

Alien Bowen Cheeks Coleman

Dawkins Glanton Gochenour Kemp

Langford of 29th Middleton Ragan of llth Slotin

Not voting was Senator Walker.

On the passage of the bill, the yeas were 43, nays 12.

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

SB 29. By Senators Taylor of the 12th, Henson of the 55th and Brown of the 26th:
A bill to amend Code Section 45-12-72 of the Official Code of Georgia Annotated, relating to establishment of the Office of Planning and Budget, so as to provide that positions of employment in said office shall be in the unclassified service of the state merit system of personnel administration; to amend Code Section 4520-2, relating to defined terms relating to the state merit system of personnel administration, so as to make a conforming amendment for the foregoing.

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

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

Those voting in the affirmative were Senators:

Alien Balfour Blitch Bowen Broun of 46th Brown of 26th Cheeks Clay Coleman

Crotts Dawkins Day Dean Edge Egan Farrow Garner Gillis

Glanton Gochenour Harbison Hemmer Henson Hill Hooks Huggins Isakson

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Kemp Langford of 35th Langford of 29th Madden Marable Middleton
Newbill
Oliver

Parrish Perdue Pollard Ragan of llth Ralston Ray
Robinson
Scott

Slotin Starr Taylor ,,,,
Thompson Turner Tysinger

Those voting in the negative were Senators:

Baugh Boshears

Burton

Ragan of 32nd

Not voting were Senators Abernathy and Walker.

On the passage of the bill, the yeas were 50, nays 4.

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

Senator Abernathy of the 38th requested that the Journal show that there was a malfunction in the voting console at his desk, and the roll call showed him as not voting on the passage of SB 29 in the Senate today, and the request was granted.

SR 44. By Senators Starr of the 44th and Robinson of the 16th: A resolution re-creating the Joint Study Commission on Revenue Structure.

Senators Starr of the 44th and Perdue of the 18th offered the following substitute to SR 44:

A RESOLUTION
Re-creating the Joint Study Commission on Revenue Structure; providing for access by the commission and its staff to certain otherwise confidential Department of Revenue information; and for other purposes.
WHEREAS, the revenue structure of this state has evolved over hundreds of years with relatively little analysis of the tax structure of the state as a whole; and
WHEREAS, many elements of our tax structure were put in place many years ago and have been little changed since their inception, for example, the state income tax structure has changed very little since its initial adoption in 1931, and many state fees have not changed since their original imposition; and
WHEREAS, our school tax structure's primary reliance on local ad valorem taxes likewise was implemented over a century ago and has been little changed since its implementation; and
WHEREAS, much attention has been directed to the state's pressing needs for educational improvements, including capital outlay improvements, but far less examination has been given to whether revenue structure changes could enhance the opportunity for such improvements; and
WHEREAS, a pressing need exists for an overall comprehensive evaluation of the state's revenue structure in general, as well as a particular evaluation of the effects of the revenue structure with respect to education; and
WHEREAS, the Joint Study Commission on Revenue Structure was created by Senate Resolution 443 of the 1992 regular session of the General Assembly; and

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125

WHEREAS, the commission has conducted extensive research in these areas but has determined that further study is needed before any recommendations may be made; and
WHEREAS, under the resolution creating the commission, the existence of the commission expired as of December 31, 1992.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. There is re-created the Joint Study Commission on Revenue Structure. The commission shall be composed of 21 members. The President of the Senate shall serve as a member of the commission and shall serve as cochairman or shall appoint another member of the commission to serve as cochairman of the commission. The Speaker of the House shall serve as a member of the commission and shall serve as cochairman or shall appoint another member of the commission to serve as cochairman of the commission. The President of the Senate and the Speaker of the House shall each appoint six members of the commission. The Governor shall appoint seven members of the commission. The cochairmen shall call all meetings of the commission.
Section 2. The commission shall continue its study of the conditions, needs, issues, and problems mentioned above or related thereto and recommend any actions or legislation which the commission deems necessary or appropriate. The commission may conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this resolution. The members of the commission who are members of the General Assembly or who are not state officers or employees shall receive the allowances authorized for legislative members of interim legislative committees but shall receive the same for not more than ten days unless additional days are authorized. The funds necessary to carry out the provisions of this resolution shall come from the funds appropriated to the Senate and the House of Representatives.
Section 3. (a) Employees or agents of the commission may inspect, duplicate, take information from, and disseminate confidential materials, confidential documents, and other confidential information within the custody of the Department of Revenue or the state revenue commissioner but may do so only when acting in accordance with the following limitations:
(1) No employee or agent of the commission may have such access to confidential materials, confidential documents, or other confidential information unless he or she is acting within the reasonable limitations guaranteeing against unauthorized disclosure of such materials, documents, and information as are agreed to in writing by the state revenue commissioner and the cochairmen of the commission;
(2) No employee or agent of the commission may have such access unless his or her name is certified in writing to the state revenue commissioner by the cochairmen of the commission; and
(3) No confidential information or confidential document obtained by, or coming into the possession of, an employee or agent of the commission as provided in this section may be disseminated to any other person except an employee or agent of the commission whose name has been certified to the state revenue commissioner as provided in paragraph (2) of this subsection or to an authorized employee of the Department of Revenue, except that the employee and the commission may publish statistical information taken from such materials, documents, and other information when the publication does not reveal the name or identity of any particular taxpayer. Any unauthorized disclosure of such confidential materials, confidential documents, and other confidential information, except as provided in this paragraph, shall subject the offending employee or agent to the same penalties specified by law for unauthorized disclosure of confidential information by an agent or employee of the Department of Revenue.
(b) The provisions of this section, to the extent of any conflict, shall supersede the provisions of any other law to the contrary.

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Section 4. In the event the commission makes a report of its findings and recommendations, with suggestions for proposed legislation, if any, such report shall be made on or before December 31, 1993. The commission shall stand abolished on December 31, 1993.

On the adoption of the substitute offered by Senators Starr of the 44th and Perdue of the 18th, the yeas were 45, nays 0, and the substitute to SR 44 was adopted.

The President announced that, pursuant to Senate Rule 143, consideration of SR 44 would be suspended until the next meeting day of the Senate, Tuesday, February 2.

SR 64. By Senators Starr of the 44th, Robinson of the 16th, Hooks of the 14th and Coleman of the 1st:
A resolution authorizing the disposition by sale, lease, or exchange of certain state owned improved real properties located in the cities of Americus, Sumter County, Georgia; Lake City, Clayton County, Georgia; and Savannah, Chatham County, Georgia; to provide an effective date.

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

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

Those voting in the affirmative were Senators:

Abernathy Alien Balfour Baugh Blitch Boshears
Broun of 46th Brown of 26th Burton Cheeks Clay Coleman Crotts Dawkins Day Dean Edge

Egan Farrow Garner Gillis Glanton Gochenour Harbison Hemmer Henson Hill Hooks Huggins Isakson Kemp Langford of 35th Langford of 29th Madden Marable

Middleton Newbill Oliver Parrish Pollard Ragan of 1 Ragan of 3 Ralston Ray Robinson Slotin Starr Taylor Thomas Thompson Turner Tysinger

Those not voting were Senators:

Perdue

Scott

Walker

On the adoption of the resolution, the yeas were 53, nays 0.

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

Senator Ragan of the llth introduced the doctor of the day, Dr. Don R. Robinson, of Bainbridge, Georgia.

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127

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 103. By Representatives Greene of the 158th and Cox of the 160th: A bill to reconstitute the Board of Education of Early County and provide for its powers, duties, rights, obligations, and liabilities and subject it to certain constitutional and statutory provisions.
HB 216. By Representative Stephenson of the 25th: A bill to amend an Act establishing a system of public schools in the City of Jefferson, so as to reconstitute the board of education of the independent school system of the City of Jefferson and provide for its powers, duties, rights, obligations, and liabilities and subject it to certain constitutional and statutory provisions.
HB 217. By Representative Stephenson of the 25th: A bill to amend an Act creating a new charter for the City of Jefferson, so as to provide for council districts and for the election therefrom of members of the council of said city.
SB 21. By Senators Pollard of the 24th and Cheeks of the 23rd: A bill to amend an Act providing for the election of members of the Board of Education of Columbia County, as amended, so as to change the composition of education districts; to provide for elections; to provide for definitions and inclusions; to provide for submission of this Act to the United States Attorney General.
The following bills of the House were read the first time and referred to committee:
HB 103. By Representatives Greene of the 158th and Cox of the 160th: A bill to reconstitute the Board of Education of Early County and provide for its powers, duties, rights, obligations, and liabilities and subject it to certain constitutional and statutory provisions.
Referred to Committee on Urban and County Affairs.
HB 216. By Representative Stephenson of the 25th: A bill to amend an Act establishing a system of public schools in the City of Jefferson, so as to reconstitute the board of education of the independent school system of the City of Jefferson and provide for its powers, duties, rights, obligations, and liabilities and subject it to certain constitutional and statutory provisions.
Referred to Committee on Urban and County Affairs.
HB 217. By Representative Stephenson of the 25th: A bill to amend an Act creating a new charter for the City of Jefferson, so as to provide for council districts and for the election therefrom of members of the council of said city.
Referred to Committee on Urban and County Affairs.

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The following served as doctors of the day during the Legislature's two-week recess: January 25, 1993 - Dr. William Bird Jones, Gainesville, Georgia. January 26, 1993 - Dr. Ralph Tillman, Lawrenceville, Georgia. January 27, 1993 - Dr. Walter M. Ligon, Marietta, Georgia. January 28, 1993 - Dr. Robert A. Williams, Dunwoody, Georgia. January 28, 1993 - Dr. Leslie Hutchinson, Dacula, Georgia.
The Lieutenant Governor announced that the funeral for former Senator Beverly Engram would be held today at 2:00 o'clock P.M. at the Fairburn Methodist Church in Fairburn, Georgia.
Senator Robinson of the 16th moved that the Senate do now adjourn until 10:00 o'clock A.M. tomorrow, and the motion prevailed.
At 11:23 o'clock A.M., the President announced the Senate adjourned until 10:00 o'clock A.M. tomorrow.

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129

Senate Chamber, Atlanta, Georgia Tuesday, February 2, 1993 Seventh Legislative Day

The Senate met pursuant to adjournment at 10:00 o'clock A.M. today and was called to order by the President.
Senator Huggins of the 53rd reported that the Journal of yesterday's proceedings had been read and found correct.
By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House:
HB 144. By Representatives Thomas of the 100th, Bostick of the 165th, Hammond of the 32nd, Walker of the 141st and Chambless of the 163rd:
A bill to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to correct typographical, stylistic, and other errors and omissions in Title 47 of the Official Code of Georgia Annotated, and in Acts of the General Assembly amending Title 47 of the Official Code of Georgia Annotated.
HB 145. By Representatives Thomas of the 100th, Bostick of the 165th, Hammond of the 32nd, Walker of the 141st and Chambless of the 163rd:
A bill to amend the Official Code of Georgia Annotated, so as to correct typographical, stylistic, capitalization, punctuation, and other errors and omissions in the Official Code of Georgia Annotated, and in Acts of the General Assembly amending the Official Code of Georgia Annotated.
HB 146. By Representatives Thomas of the 100th, Bostick of the 165th, Hammond of the 32nd, Walker of the 141st and Chambless of the 163rd:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to correct typographical, stylistic, and other errors and omissions in Title 21 of the Official Code of Georgia Annotated and in Acts of the General Assembly amending Title 21 of the Official Code of Georgia Annotated.
The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:
SB 106. By Senators Turner of the 8th, Robinson of the 16th, Broun of the 46th and others:
A bill to amend Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to financial institutions, so as to add a new article to provide for the licensing of mortgage lenders and mortgage brokers; to define certain terms; to provide for inapplicability for certain persons and entities; to provide that it

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shall be unlawful to transact a mortgage lending or brokerage business without a license. Referred to Committee on Banking and Financial Institutions.
SB 107. By Senator Garner of the 30th:
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 random drug testing of school bus drivers; to provide that the State Board of Education is authorized to use a part of the public school fund for the random drug testing of school bus drivers; to provide for the distribution of funds through the student transportation program. Referred to Committee on Education.
SB 108. By Senator Isakson of the 21st:
A bill to amend Chapter 1 of Title 43 of the Official Code of Georgia Annotated, relating to general provisions regarding the licensing of professions and businesses, so as to provide for certain application questions and for their answer under oath. Referred to Committee on Governmental Operations.
SB 109. By Senator Alien of the 2nd:
A bill to amend Code Section 40-5-81 of the Official Code of Georgia Annotated, relating to attendance at driver improvement clinics or DUI Alcohol or Drug Use Risk Reduction Programs, so as to authorize the allocation of courthouse space for the use of representatives of licensed driver improvement clinics and DUI Alcohol or Drug Use Risk Reduction Programs. Referred to Committee on Governmental Operations.
SB 110. By Senator Alien of the 2nd:
A bill to amend Title 30 of the Official Code of Georgia Annotated, relating to handicapped persons, so as to provide a short title; to provide definitions; to provide for a presumption that proficiency in Braille reading and writing is essential for the education of blind students; to provide for an inventory of Braille skills; to provide for exceptions; to provide for elements of an individualized education program. Referred to Committee on Governmental Operations.
SB 111. By Senator Gillis of the 20th:
A bill to amend an Act providing for the election of the members of the Treutlen County Board of Education so as to provide for the compensation of the members of the board. Referred to Committee on Urban and County Affairs.
SB 112. By Senator Burton of the 5th:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide that ballots printed in Braille shall be made available for use by blind or visually impaired persons in all primaries and elections and all municipal primaries and elections; to provide for procedures. Referred to Committee on Governmental Operations.
SB 113. By Senator Egan of the 40th:
A bill to amend Code Section 17-5-30 of the Official Code of Georgia Annotated, relating to motion to suppress evidence illegally seized generally, so as to provide

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131

that a search and seizure with a warrant shall not be deemed illegal in cases where evidence is obtained in good faith by officers who reasonably relied on a warrant that was issued by a detached and neutral judicial officer authorized to hold a court of inquiry. Referred to Committee on Special Judiciary.
SB 114. By Senator Langford of the 35th:
A bill to amend Code Section 16-12-60 of the Official Code of Georgia Annotated, relating to rules and regulations relating to bingo games, so as to change provisions relating to the maximum amount of prizes awarded. Referred to Committee on Economic Development, Tourism and Cultural Affairs.
SB 115. By Senators Henson of the 55th, Parrish of the 43rd and Dawkins of the 45th:
A bill to amend Chapter 28 of Title 43 of the Official Code of Georgia Annotated, relating to occupational therapists, so as to change which persons must be licensed under that chapter and change qualifications for and exceptions from licensing. Referred to Committee on Health and Human Services.
SB 116. By Senators Scott of the 36th, Newbill of the 56th and Langford of the 35th:
A bill to amend Code Section 40-14-9 of the Official Code of Georgia Annotated, relating to the inadmissibility of evidence obtained in certain areas by speed detection devices, so as to eliminate the restriction on the use of radar on highways having a grade in excess of 7 percent. Referred to Committee on Judiciary.
SB 117. By Senators Gillis of the 20th, Ray of the 19th and Perdue of the 18th:
A bill to amend Part 2 of Article 1 of Chapter 6 of Title 12 of the Official Code of Georgia Annotated, relating to the practice of professional forestry, so as to change the requirements for registration as a registered forester; to change certain provisions relating to references; to provide an effective date. Referred to Committee on Natural Resources.
SB 118. By Senators Newbill of the 56th, Gochenour of the 27th, Glanton of the 34th and others:
A bill to amend Article 1 of Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to general provisions regarding ethics in government, so as to prohibit members of standing committees of the General Assembly from accepting lodgings or accommodations or participating in trips or travel the expenses of which are paid for by certain lobbyists; to provide for definitions; to provide for applicability. Referred to Committee on Ethics.
SB 119. By Senators Edge of the 28th, Clay of the 37th, Balfour of the 9th and others:
A bill to amend Code Section 40-6-391 of the Official Code of Georgia Annotated, relating to the offense of driving under the influence of drugs or alcohol and related matters, so as to provide that notice of the third or subsequent conviction of any person shall be published. Referred to Committee on Special Judiciary.
SB 120. By Senators Edge of the 28th and Clay of the 37th:
A bill to amend Article 1 of Chapter 19 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions relative to attorneys, so as to provide

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that unless otherwise provided by law and unless an actual conflict of interest should arise, an attorney may serve as an attorney for a county, municipal corporation, or school board and at the same time serve as a part-time judge.
Referred to Committee on Special Judiciary.
SB 121. By Senators Clay of the 37th, Newbill of the 56th and Egan of the 40th:
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, so as to provide that it shall be unlawful for any person to carry or possess on his or her person any firearm while such person is under the influence of alcohol, certain drugs or controlled substances, or both; to provide for definitions; to provide for penalties.
Referred to Committee on Special Judiciary.
SB 122. By Senators Clay of the 37th, Newbill of the 56th and Egan of the 40th:
A bill to amend Code Section 15-11-59 of the Official Code of Georgia Annotated, relating to juvenile law enforcement records and the maintenance and inspection thereof, so as to authorize the court, upon the request of a school superintendent, to allow authorized representatives of a county or independent school system to inspect and disseminate law enforcement records concerning juveniles to school administrators, counselors, principals, and teachers.
Referred to Committee on Special Judiciary.
SB 123. By Senators Clay of the 37th, Newbill of the 56th and Egan of the 40th:
A bill to amend Article 3 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to cancellation, suspension, and revocation of drivers' licenses, so as to provide that a person convicted of operating a motor vehicle without a probationary license after being declared a habitual license commits an offense requiring mandatory suspension.
Referred to Committee on Special Judiciary.
SB 124. By Senators Henson of the 55th, Marable of the 52nd, Edge of the 28th and others:
A bill to amend Code Section 32-2-2 of the Official Code of Georgia Annotated, relating to the powers and duties of the Department of Transportation, so as to authorize the department to establish a commuter efficiency program for state employees; to direct the commissioner of such department to apply for certain funds.
Referred to Committee on Transportation.
SB 125. By Senators Thompson of the 33rd, Garner of the 30th, Robinson of the 16th and others:
A bill to amend Code Section 48-5-311 of the Official Code of Georgia Annotated, relating to the creation of county boards of equalization and the review of property assessments, so as to change the time period within which a taxpayer may appeal an assessment by the county board of tax assessors.
Referred to Committee on Urban and County Affairs (General).

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133

SB 126. By Senators Thompson of the 33rd and Garner of the 30th:
A bill to amend Part 2 of Article 5 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to the county board of tax assessors, so as to authorize the General Assembly, by local Act, to provide for the election of the county board of tax assessors in any county of this state. Referred to Committee on Urban and County Affairs (General).
SB 127. By Senators Crotts of the 17th, Garner of the 30th, Langford of the 29th and others:
A bill to amend Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to the state flag, seal, and other symbols, so as to designate English as the official language of the State of Georgia. Referred to Committee on Governmental Operations.
SB 128. By Senators Hemmer of the 49th, Oliver of the 42nd, Marable of the 52nd and others:
A bill to amend Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to uniform rules of the road, so as to prohibit any passenger in the front seat of a motor vehicle from possessing an open container of any alcoholic beverage. Referred to Committee on Judiciary.
SB 129. By Senator Walker of the 22nd:
A bill to amend Chapter 13 of Title 50 of the Official Code of Georgia Annotated, relating to administrative procedure, so as to require each agency subject to the "Georgia Administrative Procedure Act" to prepare a synopsis of any proposed rule; to require the synopsis to be distributed with any proposed rule; to require the synopsis to contain certain information regarding the proposed rule. Referred to Committee on Governmental Operations.
SB 130. By Senators Egan of the 40th, Turner of the 8th and Perdue of the 18th:
A bill to amend Part 9 of Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to liens of veterinarians and boarders of animals for the treatment and care of animals, so as to change certain provisions relating to notice to owner and sale or disposal of animals; to repeal certain provisions relating to the disposing of an animal by the veterinarian or boarder of animals wherein the animal was cared for or treated. Referred to Committee on Special Judiciary.
SB 131. By Senators Parrish of the 43rd and Henson of the 55th:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide for a program for registration of electors; to provide that license examiners employed by the Department of Public Safety shall be deputy registrars; to provide for powers and duties of such deputy registrars; to provide rule-making authority; to provide for a contingent effective date. Referred to Committee on Governmental Operations.
SR 107. By Senators Starr of the 44th, Glanton of the 34th and Thomas of the 10th:
A resolution proposing an amendment to the Constitution so as to provide that the holding of raffles by nonprofit organizations shall be lawful under the Constitution but may be restricted, regulated, or prohibited by law; to provide for the submission of this amendment for ratification or rejection. Referred to Committee on Economic Development, Tourism and Cultural Affairs.

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SR 108. By Senators Newbill of the 56th, Edge of the 28th, Gochenour of the 27th and others: A resolution amending the Rules of the Senate.
Referred to Committee on Rules.
SR 109. By Senators Burton of the 5th, Marable of the 52nd and Tysinger of the 41st: A resolution creating the Joint Study Committee on Creation of a State Department, Commission, or Agency of the Deaf and Hard of Hearing.
Referred to Committee on Rules.
The following bills of the House were read the first time and referred to committee:
HB 144. By Representatives Thomas of the 100th, Bostick of the 165th, Hammond of the 32nd and others: A bill to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to correct typographical, stylistic, and other errors and omissions in Title 47 of the Official Code of Georgia Annotated, and in Acts of the General Assembly amending Title 47 of the Official Code of Georgia Annotated.
Referred to Committee on Judiciary.
HB 145. By Representatives Thomas of the 100th, Bostick of the 165th, Hammond of the 32nd and others: A bill to amend the Official Code of Georgia Annotated, so as to correct typographical, stylistic, capitalization, punctuation, and other errors and omissions in the Official Code of Georgia Annotated and in Acts of the General Assembly amending the Official Code of Georgia Annotated.
Referred to Committee on Judiciary.
HB 146. By Representatives Thomas of the 100th, Bostick of the 165th, Hammond of the 32nd and others: A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to correct typographical, stylistic, and other errors and omissions in Title 21 of the Official Code of Georgia Annotated and in Acts of the General Assembly amending Title 21 of the Official Code of Georgia Annotated.
Referred to Committee on Judiciary.
The following reports of standing committees were read by the Secretary:
Mr. President:
The Committee on Defense and Veterans Affairs has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SB 30. Do pass. Respectfully submitted, Senator Harbison of the 15th District, Chairman
Mr. President:
The Committee on Governmental Operations has had under consideration the following

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135

bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SB 70. Do pass as amended. Respectfully submitted, Senator Alien of the 2nd 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 75. Do pass. HB 216. Do pass. HB 217. Do pass.
Respectfully submitted, Senator Thompson of the 33rd District, Chairman
Mr. President:
The Committee on Youth, Aging and Human Ecology has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SB 11. Do pass by substitute. Respectfully submitted, Senator Marable of the 52nd District, Chairman
The following resolution of the Senate was read the second time:
SR 67. By Senators Turner of the 8th, Clay of the 37th, Scott of the 36th and others: A resolution urging the United States Congress to take all necessary and appropriate action to reduce the regulatory burden on banks.
The President called for the morning roll call, and the following Senators answered to their names:

Abernathy Balfour Baugh Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cheeks Clay Coleman Crotts Dawkins Day Dean

Edge Egan Farrow Garner Gillis Glanton Gochenour Harbison Hemmer Henson Hill Hooks Huggins Isakson Kemp Langford of 35th

Langford of 29th Madden Marable Middleton Newbill Oliver Parrish Perdue Pollard Ragan of llth Ragan of 32nd Ralston Ray Robinson Slotin Starr

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Taylor Thomas

Thompson Turner

Tysinger Walker

Not answering were Senators Alien and Scott.

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

Senator Ralston of the 51st introduced the chaplain of the day, Reverend Edmund Miller, pastor of Pleasant Grove Baptist Church, Ellijay, Georgia, who offered scripture reading and prayer.

The following resolutions of the Senate were read and adopted:

SR 49. By Senator Hemmer of the 49th: A resolution honoring Mr. James E. Mathis, Sr.

SR 106. By Senators Alien of the 2nd and Coleman of the 1st: A resolution recognizing Mr. Charlie Grossman.

SR 110. By Senators Burton of the 5th and Balfour of the 9th: A resolution recognizing and commending the Georgia State Defense Force.

SR 111. By Senators Burton of the 5th and Balfour of the 9th: A resolution recognizing and commending Jack K. Acree.

SR 112. By Senator Burton of the 5th:
A resolution commending the Georgia Tech Lady Jackets basketball team on winning the 1992 National Women's Invitational Tournament.

SR 113. By Senator Hemmer of the 49th: A resolution honoring Mrs. Frances Miller Mathis.

SR 116. By Senators Balfour of the 9th, Newbill of the 56th, Day of the 48th and others: A resolution commending R. D. Head Elementary School.

Senator Coleman of the 1st moved that the following resolution of the Senate be withdrawn from the Senate Committee on Rules and committed to the Senate Committee on Transportation:

SR 68. By Senator Dean of the 31st: A resolution designating the Judge W. A. Foster Jr., Bridge.

On the motion, the yeas were 31, nays 0; the motion prevailed, and SR 68 was withdrawn from the Senate Committee on Rules and committed to the Senate Committee on Transportation.

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137

Senator Coleman of the 1st moved that the following resolution of the Senate be withdrawn from the Senate Committee on Rules and committed to the Senate Committee on Transportation:
SR 69. By Senator Dean of the 31st: A resolution designating the Syble W. Brannan Parkway.
On the motion, the yeas were 29, nays 0; the motion prevailed, and SR 69 was withdrawn from the Senate Committee on Rules and committed to the Senate Committee on Transportation.
The following local, uncontested bills of the Senate and House, favorably reported by the committee as listed on the Senate Local Consent Calendar, were put upon their passage:

SENATE LOCAL CONSENT CALENDAR Tuesday, February 2, 1993
SEVENTH LEGISLATIVE DAY

(The names listed with each bill are the Senators whose districts are affected by the legislation.)

SB 75 Kemp, 3rd Boshears, 6th GLYNN COUNTY
Amends an Act creating the State Court of Glynn County, changes the compensation of the solicitor of the court; changes the term of the court; to provide an effective date and to repeal conflicting laws.

HB 216 Madden, 47th CITY OF JEFFERSON
Amends an Act establishing a system of public schools in the City of Jefferson, reconstitutes the board of education of the independent school system of the City of Jefferson and provides for its powers, duties, rights, obligations and liabilities.

HB 217 Madden, 47th CITY OF JEFFERSON
Amends an Act creating a new charter for the City of Jefferson; provides for council districts, and for the election of members of the council.

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:

Abernathy Alien Balfour Baugh Blitch Boshears

Bowen Broun of 46th Brown of 26th Burton Cheeks Clay

Coleman Crotts Dawkins Day Dean Edge

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Farrow Garner Gillis Glanton Gochenour Harbison Hemmer Henson Hill Hooks Huggins

Isakson Langford of 29th Madden Marable Middleton Newbill Oliver Parrish Perdue Pollard Ragan of llth

Those not voting were Senators:

Kemp

Langford of 35th Ralston

Ragan of 32nd Ray Robinson Scott Slotin Starr Taylor Thomas Thompson Turner Tysinger
Walker

On the passage of all the local bills, the yeas were 51, nays 0.

All the bills on the Senate Local Consent Calendar, having received the requisite consti tutional majority, were passed.

SENATE CALENDAR
Tuesday, February 2, 1993
SEVENTH LEGISLATIVE DAY
SR 44 Joint Study Commission on Revenue Structure--re-create (Substitute) (F&PU--44th) (Pursuant to Senate Rule 143, final passage of the bill was suspended on Febru ary 1, 1993.)
SB 13 Stalking, Aggravated Stalking--provide for crime (Amendment) (Judy--42nd) SB 16 Boats--registration decals and horsepower limitations (Substitute)
(Nat R--40th) SB 19 Water Pollution Control--no criminal sanctions, sewer violations (Substitute)
(Nat R--16th) SB 31 Cobb Judicial Circuit--additional judge of superior court (S Judy--37th)
SB 43 Quality Basic Education--add certain goals (Substitute) (Ed--56th) SB 45 State Board of Education--public hearings (Substitute) (Ed--56th) SB 51 State Forestry Commission--accept service of unpaid volunteers (Nat R--20th) SR 7 Task Force on Educational Outcomes Based Flexibility--create (Amendment)
(Ed--36th)

The following general resolution of the Senate, having been read the third time on Monday, February 1 and final action suspended until today, pursuant to Senate Rule 143, was continued upon its adoption:

SR 44. By Senators Starr of the 44th and Robinson of the 16th: A resolution re-creating the Joint Study Commission on Revenue Structure.

The substitute to SR 44 offered by Senators Starr of the 44th and Perdue of the 18th, as it appears in the Journal of February 1, was automatically reconsidered and put upon its adoption.

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139

On the adoption of the substitute to SR 44 offered by Senators Starr of the 44th and Perdue of the 18th, 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, was agreed to by substitute.

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

Those voting in the affirmative were Senators:

Abernathy Alien Balfour Baugh Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cheeks Clay Coleman Crotts Dawkins Day Dean Edge

Egan Farrow Garner Gillis Glanton Gochenour Harbison Hemmer Henson Hill Hooks Huggins Isakson Kemp Langford of 29th Madden Marable Middleton

Newbill Oliver Parrish Perdue Pollard Ragan of llth Ragan of 32nd Ray Robinson Scott Slotin Starr Taylor Thomas Thompson Turner Tysinger

Those not voting were Senators:

Langford of 35th

Ralston

Walker

On the adoption of the resolution, the yeas were 53, nays 0.

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

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

SB 13. By Senators Oliver of the 42nd, Egan of the 40th, Starr of the 44th and others:
A bill to amend Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to crimes against the person, so as to provide for the crimes of stalking and aggravated stalking; to amend Article 1 of Chapter 5 of Title 42, relating to correctional institutions of the state and counties, so as to provide for notice to victims of the release from custody of certain persons charged with the offense of stalking or aggravated stalking.

The Senate Committee on Judiciary offered the following amendment:

Amend SB 13 by adding on line 4 on page 1 between the semicolon and the words "to provide" the following:
"to define a certain term;".
By striking from line 25 on page 1 the following: "spying upon, harassing, or",

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and inserting in lieu thereof the following:
"harassing or".
By adding at the end of line 3 of page 2 the following:
"For the purposes of this article, the term 'harassing' means a knowing and willful course of conduct directed at a specific person which would cause a reasonable person to suffer substantial emotional distress and which serves no legitimate purpose."
By striking from the end of line 31 of page 2 the word "or".
By striking the period from the end of line 34 of page 2 and inserting in lieu thereof a semicolon.
By adding immediately below line 34 on page 2 the following:
"(5) A person employed in the business of news gathering; or
(6) Any person engaged in an activity protected by the Constitution of the State of Georgia or the United States Constitution."
On the adoption of the amendment, the yeas were 41, nays 0, and the amendment was adopted.
Senator Oliver of the 42nd offered the following substitute to SB 13:
A BILL
To be entitled an Act to amend Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to crimes against the person, so as to provide for the crimes of stalking and aggravated stalking; to define such offenses; to define a certain term; to provide for penalties; to provide for exceptions; to provide that victims shall be entitled to notice of the release from custody of certain persons charged with the offense of stalking or aggravated stalking; to require victims to provide certain information to facilitate the giving of such notice; to provide that certain officials shall be immune from civil liability under certain conditions; 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 16 of the Official Code of Georgia Annotated, relating to crimes against the person, is amended by adding at the end thereof a new Article 7 to read as follows:
"ARTICLE 7
16-5-90. (a) A person commits the offense of stalking when he or she follows, places under surveillance, or contacts another person at or about a place or places without the consent of the other person for the purpose of harassing or intimidating the other person. For the purpose of this Code section, the term 'place or places' shall include any public or private property occupied by the victim other than the residence of the defendant. For the purposes of this article, the term 'harassing' means a knowing and willful course of conduct directed at a specific person which would cause a reasonable person to suffer substantial emotional distress and which serves no legitimate purpose.
(b) Except as provided in subsection (c) of this Code section, a person who commits the offense of stalking is guilty of a misdemeanor.
(c) Upon the second conviction, and all subsequent convictions, for stalking, the de fendant shall be guilty of a felony and shall be punished by imprisonment for not less than one year nor more than ten years.
(d) This Code section does not apply to any law enforcement officer engaged in the lawful discharge of his or her duties.
(e) This Code section does not apply to any of the following persons who are actually

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141

engaged in performing duties in connection with their profession for another person for consideration:
(1) A person licensed by the state to engage in the 'private detective business' or 'pri vate security business' as those terms are defined in Code Section 43-38-3;
(2) A person engaged in the business of furnishing information in connection with credit, employment, marketing, or other business decisions or transactions or a person or firm engaged as a consumer reporting agency as defined by the federal Fair Credit Report ing Act;
(3) Admitted insurers, agents, insurance brokers, independent insurance claims adjust ers licensed by the state, or persons employed by any of the above;
(4) An employee of an employer performing private security work in connection with the affairs of such employer only;
(5) A person employed in the business of news gathering; or
(6) Any person engaged in an activity protected by the Constitution of the State of Georgia or the United States Constitution.
16-5-91. (a) A person commits the offense of aggravated stalking when he or she, in conjunction with committing the offense of stalking, also does any of the following:
(1) Causes bodily harm to the victim;
(2) Confines or restrains the victim; or
(3) Commits the offense of stalking while a criminal complaint is currently pending with any court, law enforcement agency, or prosecutor involving the same victim or victims and the defendant has been served with a summons or warrant or has knowledge or should have knowledge of such pending complaint.
(b) A person who commits the offense of aggravated stalking is guilty of a felony and shall be punished by imprisonment for not less than one year nor more than ten years.
(c) This Code section does not apply to any law enforcement officer engaged in the lawful discharge of his or her official duties.
(d) This Code section does not apply to any of the following persons who are actually engaged in performing duties in connection with their profession for another person for consideration:
(1) A person licensed by the state to engage in the 'private detective business" or 'pri vate security business' as those terms are defined in Code Section 43-38-3;
(2) A person engaged in the business of furnishing information in connection with credit, employment, marketing, or other business decisions or transactions or a person or firm engaged as a consumer reporting agency as defined by the federal Fair Credit Report ing Act;
(3) Admitted insurers, agents, insurance brokers, independent insurance claims adjust ers licensed by the state, or persons employed by any of the above;
(4) An employee of an employer performing private security work in connection with the affairs of such employer only;
(5) A person employed in the business of news gathering; or
(6) Any person engaged in an activity protected by the Constitution of the State of Georgia or the United States Constitution.
16-5-92. (a) The victim of a stalking or aggravated stalking shall be entitled to notice of the release from custody of the person charged with the offense of stalking or aggravated stalking. No such notice shall be required unless the victim provides a telephone number other than a pocket pager or electronic communication device number to which such notice can be directed.

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(b) The law enforcement agency, prosecutor, or court directly involved with the victim at the outset of a criminal prosecution for the offense of stalking or aggravated stalking shall advise the victim of his or her right to notice and of the requirement of the victim's provid ing a telephone number other than a pocket pager or electronic communication device num ber to which the notice of custodial release can be directed. Such victim shall transmit the telephone number described in this subsection to the custodian of the person charged with stalking or aggravated stalking.
(c) Upon receipt of the telephone number, the custodian of the person charged with stalking or aggravated stalking shall take reasonable and necessary steps under the circum stances to notify the victim of the person's release from custody. Such notice shall, at a minimum, include:
(1) Placing a telephone call to the number provided by the victim prior to the person's being released and giving notice to the victim or any person answering the telephone who appears to be sui juris or by leaving an appropriate message on a telephone answering ma chine; and
(2) If the custodian is unable to notify the victim by the method provided in paragraph (1) of this subsection, telephoning the number provided by the victim no less than two times in no less than 15 minutes intervals within one hour of custodial release and giving notice to the victim or to any person answering the telephone who appears to be sui juris or by leav ing an appropriate message on a telephone answering machine.
(d) Notwithstanding any other provision of this Code section, the release of the person charged with stalking or aggravated stalking shall not be delayed solely for the purpose of effectuating notice pursuant to this Code section for a period of more than 30 minutes.
(e) This Code section shall not apply to a custodian who is transferring a person charged with stalking or aggravated stalking to another custodian in this state.
(f) As used in this Code section, the term 'custodian' means a warden, sheriff, jailer, deputy sheriff, police officer, or any other law enforcement officer having actual custody of an inmate.
(g) The law enforcement agency, prosecutor, court, custodian, all other proper officers, and all employees and agents of the aforementioned persons shall be immune from civil liability for failure to comply with this Code section so long as a good faith attempt to comply with such Code section is made."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.
Senators Glanton of the 34th, Edge of the 28th, Balfour of the 9th and others offered the following amendment:
Amend the substitute to SB 13 offered by Senator Oliver of the 42nd by striking the quotation marks at the end of line 12 on page 6.
By adding between lines 12 and 13 on page 6 the following:
"16-5-93. Notwithstanding any other provisions of this article, Code Sections 16-5-90 and 16-5-91 shall not apply to:
(1) The handing out of literature, demonstrations, picketing, sit-ins, or related activities in protest of discriminatory practices by a business establishment or other facility based upon race, religion, sex, or national origin or in protest of business establishments or other facilities occupied or frequented by persons who engage in such discriminatory practices;
(2) The handing out of literature, demonstrations, picketing, sit-ins, or related activities at or near clinics or facilities which provide abortion services or at or near clinics or facilities occupied by or frequented by providers of abortion services;

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143

(3) The handing out of literature, demonstrations, picketing, sit-ins, or related activities in connection with union activities, including such activities at businesses which engage in trade with a business where any such union activity is being conducted; or
(4) Any activity which the federal or state courts have determined to be protected speech or conduct.'"

On the adoption of the amendment offered by Senators Glanton of the 34th, Edge of the 28th, Balfour of the 9th and others to the substitute to SB 13 offered by Senator Oliver of the 42nd, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Balfour
Boshears BC,-,,huerteok, ns Clay
Crotts

Day
Edge GG olacn,hteonnour Isakson
Madden

Middleton Newbill K,, agan ol, o,,,,2nd,
Ralston Tysinger

Those voting in the negative were Senators:

Abernathy Alien Baugh Blitch Bowen Broun of 46th Brown of 26th Coleman Dawkins Dean Egan
Farrow
Garner

Gillis Harbison Hemmer Henson Hill Hooks Huggins Kemp Langford of 29th Marable Oliver
Parrish
Perdue

Pollard Ragan of llth Ray Robinson Scott g, . ,,
*
Thomas Thompson Turner Walker

Not voting was Senator Langford of 35th.

On the adoption of the amendment, the yeas were 17, nays 38, and the amendment offered by Senators Glanton of the 34th, Edge of the 28th, Balfour of the 9th and others to the substitute to SB 13 offered by Senator Oliver of the 42nd was lost.

Senator Glanton of the 34th moved that the Senate reconsider its action in defeating the amendment to the substitute to SB 13 offered by Senator Oliver of the 42nd.

On the motion, the yeas were 12, nays 35; the motion was lost, and the amendment to the substitute to SB 13 offered by Senator Oliver of the 42nd was not reconsidered.

On the adoption of the substitute to SB 13 offered by Senator Oliver of the 42nd, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Alien Balfour Baugh Blitch

Boshears Bowen Broun of 46th Brown of 26th Burton

Cheeks Clay Coleman Crotts Dawkins

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Dean Edge Egan Farrow Garner Gillis Glanton Harbison Hemmer
Henson
Hill
Hooks Huggins

Isakson Kemp Langford of 29th Madden Marable Middleton Newbill Oliver Parrish
Perdue
Pollard
Ragan of llth Ragan of 32nd

Ralston Ray Robinson Scott
,,, ,iaylor Thomas Thompson Turner Tysinger Walker

Voting in the negative were Senators Day and Gochenour.

Not voting was Senator Langford of 35th.

On the adoption of the substitute to SB 13 offered by Senator Oliver of the 42nd, the yeas were 53, nays 2, and the substitute was adopted.

The President announced that, pursuant to Senate Rule 143, consideration of SB 13 would be suspended until the next meeting day of the Senate, February 3.

SB 16. By Senator Egan of the 40th:
A bill to amend Article 1 of Chapter 7 of Title 52 of the Official Code of Georgia Annotated, relating to general provisions applicable to the "Georgia Boat Safety Act," so as to provide for the display of registration decals on both sides of a vessel; to repeal certain provisions relating to a horsepower limitation on Lake Tugalo; to provide for a horsepower limitation on a portion of the Chattahoochee River; to provide an effective date.

Senator Egan of the 40th offered the following substitute to SB 16:

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 applicable to the "Georgia Boat Safety Act," so as to provide for the display of registration decals on both sides of a vessel; to repeal certain provisions relating to a horsepower limitation on Lake Tugalo; to provide for a restriction on the use of personal watercraft on a portion of the Chattahoochee River; to provide for the designation of no ski areas; 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 1 of Chapter 7 of Title 52 of the Official Code of Georgia Annotated, relating to general provisions applicable to the "Georgia Boat Safety Act," is amended by striking in its entirety paragraph (5) of subsection (b) of Code Section 52-7-5, relating to the numbering of vessels, and inserting in lieu thereof a new paragraph (5) to read as follows:
"(5) The dccal decals assigned to all registered vessels must be displayed on the left one on each side of the bow preceding the prefix letters. There shall be a hyphen or space separating the each decal and the prefix letters. The hyphen or space shall be equal to the width of any letter except I."

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145

Section 2. Said article is further amended by inserting at the end of Code Section 52-78.2, relating to restrictions on the operation of personal watercraft, the following:
"(k) It shall be unlawful for any person to operate a personal watercraft on the Chattahoochee River from the Georgia Highway 400 bridge downstream to the Morgan Falls Dam."
Section 3. Said article is further amended by striking in its entirety subsection (c) of Code Section 52-7-13, relating to boating safety zones and related matters, which reads as follows:
"(c) No motor in excess of ten horsepower shall be used on any vessel being operated on Lake Tugalo.",
and by redesignating subsections (d), (e), and (f) as (c), (d), and (e), respectively.
Section 4. Said article is further amended by striking in its entirety subsection (b) of Code Section 52-7-20, relating to the operation of vessels in the vicinity of regulatory mark ers and aids to navigation, and inserting in lieu thereof the following:
"(b) It shall be unlawful to operate a power boat, except at an idle speed, or to create a wake in the vicinity of those marinas, bridges, public access ramps, a*d blind points, and other specified areas which are identified by appropriate signs and markers which conform to the system of aids to navigation prescribed by the United States Coast Guard and to the system of uniform waterway markers approved by the Advisory Panel of State Officials to the Merchant Marine Council. It shall be unlawful to tow a person on water skis, aqua planes, surfboards, or any similar device or to manipulate any such device in any area iden tified by regulatory markers as a no ski area. The Department of Natural Resources is authorized to identify such restricted areas and to place signs and markers so as to identify the wea areas restricted by this Code section."
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 Edge of the 28th offered the following amendment:
Amend the substitute to SB 16 offered by Senator Egan of the 40th by striking line 5 of page 2 thru line 8 on page 2.
Further by adding the words
"or a personal watercraft"
following "power boat," on line 22 of page 2.
Senator Newbill of the 56th moved that SB 16 be committed to the Senate Committee on Natural Resources.
On the motion, the yeas were 37, nays 11; the motion prevailed, and SB 16 was commit ted to the Senate Committee on Natural Resources.
Senator Baugh of the 25th introduced the doctor of the day, Dr. Ram Puri, of Milledgeville, Georgia.
The following general bills of the Senate, favorably reported by the committees, were read the third time and put upon their passage:
SB 19. By Senators Robinson of the 16th and Harbison of the 15th: A bill to amend Article 2 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to the control of water pollution and surface-water use, so as

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to provide that any person operating a combined sewer overflow system in viola tion of such article shall not be subject to criminal sanctions; to provide that any such person shall not be prohibited from adding any additional sewer connec tions to such combined sewer overflow system.
The Senate Committee on Natural Resources offered the following substitute to SB 19:
A BILL
To be entitled an Act to amend Article 2 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to the control of water pollution and surface-water use, so as to provide that any person operating a combined sewer overflow system in violation of such article shall not be prohibited from adding any additional sewer connections to such com bined sewer overflow system; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 2 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to the control of water pollution and surface-water use, is amended by striking in its entirety subsection (c) of Code Section 12-5-29.1, relating to plans for the elimination or treatment of sewage overflow, and inserting in lieu thereof the following:
"(c) The plan required by subsection (b) of this Code section shall include, as a mini mum, provision for realistic implementation of means to eliminate sewage overflow or effec tuate treatment of overflow to meet or exceed such water quality standards in accordance with the following schedules:
(1) Any person who submitted a plan pursuant to subsection (b) of this Code section prior to August 1,1990, shall implement such plan so that construction is substantially com plete and operational to meet the water quality standards in the receiving stream or permit limits as defined by the director not later than December 31, 1993; and
(2) Any person who did not submit a plan pursuant to subsection (b) of this Code section prior to August 1, 1990, shall comply with the following schedule:
(A) The director shall define the design conditions of subsection (b) of this Code section by December 31, 1991, using information provided by CSO owners and information col lected by the director;
(B) The CSO owners shall prepare approvable plans and specifications by October 1, 1992, and, based on the director's approval of plans and specifications by December 31, 1992, the owners shall commence construction of the approved CSO facilities by April 1, 1993; and
(C) The construction shall be substantially complete and operational to meet the water quality standards in the receiving stream or permit limits as defined by the director by December 31, 1995.
Any person who fails to implement an approved plan by the dates provided in this subsec tion shall, after the applicable date and until such person implements an approved plan, be subject to the liability and penalties provided in Code Sections 12-5-51, 12-5-52, and 12-5-53 and, in addition, shall be prohibited from adding any additional sewer connections to such combined ocwcr ayatcm."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 30, nays 2, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.

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147

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 Baugh Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cheeks Coleman Crotts Dawkins Day Dean Edge

Egan Farrow Gillis Harbison Hemmer Henson Hill Hooks Huggins Isakson Kemp Madden Marable Middleton Oliver

Parrish Perdue Pollard Ragan of llth Ray Robinson Scott Slotin Starr Taylor Thomas Thompson Turner Tysinger Walker

Those voting in the negative were Senators:

Balfour Clay Garner

Glanton Gochenour Langford of 29th

Newbill Ragan of 32nd Ralston

Not voting were Senators Abernathy and Langford of 35th.

On the passage of the bill, the yeas were 45, nays 9.

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

SB 31. By Senators Clay of the 37th, Ragan of the 32nd, Thompson of the 33rd and Isakson of the 21st:
A bill to provide for an additional judge of the superior court of the Cobb Judi cial Circuit; to provide for the initial appointment and subsequent election of such judge and of such judge's successors; to amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the number of superior court judges for each of the judicial circuits, so as to provide for an additional judge of the'superior court of the Cobb Judicial Circuit.

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

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

Those voting in the affirmative were Senators:

Abernathy Alien Balfour Baugh Boshears Bowen Broun of 46th Brown of 26th Burton

Cheeks Clay Coleman Crotts Dawkins Day Dean Edge Farrow

Garner Gillis Glanton Gochenour Harbison Hemmer Henson Hill Hooks

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Muggins Isakson Kemp Langford of 29th Madden Marable Middleton Newbill Oliver

Parrish Perdue Pollard Ragan of llth Ragan of 32nd Ralston Ray Robinson Scott

Slotin Starr Taylor Thomas Thompson Turner Tysinger Walker

Voting in the negative was Senator Blitch.

Not voting were Senators Egan and Langford of 35th.

On the passage of the bill, the yeas were 53, nays 1.

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

Senator Robinson of the 16th moved that the Senate do now adjourn until 10:00 o'clock A.M. tomorrow, and the motion prevailed.

At 12:09 o'clock P.M., the President announced the Senate adjourned until 10:00 o'clock A.M. tomorrow.

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149

Senate Chamber, Atlanta, Georgia Wednesday, February 3, 1993 Eighth Legislative Day

The Senate met pursuant to adjournment at 10:00 o'clock A.M. today and was called to order by the President.
Senator Huggins of the 53rd reported that the Journal of yesterday's proceedings had been read and found correct.
By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House and Senate:
HB 289. By Representative Royal of the 164th: A bill to amend an Act reincorporating and providing a new charter for the City of Baconton, so as to change the provisions relating to the time of election, tak ing of office, and terms of office of the mayor and councilmembers.
SB 22. By Senators Pollard of the 24th and Cheeks of the 23rd: A bill to amend an Act creating a new Board of Commissioners of Columbia County, as amended, so as to change the composition of the districts from which members are elected; to provide for elections; to provide for definitions and in clusions; to provide for submission of this Act to the United States Attorney General; to provide when this Act shall be void and stand repealed.
The House has passed, by substitute, by the requisite constitutional majority the fol lowing bill of the Senate:
SB 23. By Senators Pollard of the 24th and Cheeks of the 23rd: 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 chairperson of the board of elections.
The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:
SB 132. By Senator Broun of the 46th: A bill to amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to provide for the notification of certain school officials of certain students adjudicated to have committed delinquent acts which are also certain crimes.
Referred to Committee on Judiciary.

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SB 133. By Senators Ray of the 19th, Pollard of the 24th and Robinson of the 16th:
A bill to amend Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, so as to provide that, with respect to life insur ance policies provided by certain corporations or trusts, the term employee shall include directors, officers, employees, retired employees, and dependents of such persons; to amend Code Section 33-27-3 of the Official Code of Georgia Anno tated, relating to required provisions of group life insurance policies, so as to provide that certain corporations or the trustees of certain trusts may designate the beneficiary.
Referred to Committee on Insurance and Labor.
SB 134. By Senator Abernathy of the 38th:
A bill to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to provide for minority owned business participation in state contracts; to provide for legislative findings; to provide definitions; to pro vide for statements encouraging minority participation in all bid documents; to provide for advertisement of procurement opportunities; to provide for the desig nation of liaison officers; to provide for quarterly reports.
Referred to Committee on Judiciary.
SB 135. By Senator Parrish of the 43rd:
A bill to amend Code Section 12-12-7 of the Official Code of Georgia Annotated, relating to the powers and duties of the Asbestos Licensing Board, so as to pro vide that such board shall have the authority to require up to 24 hours of train ing for certain persons working with asbestos and to certify such persons.
Referred to Committee on Natural Resources.
SB 136. By Senators Ragan of the 32nd, Crotts of the 17th, Balfour of the 9th and Newbill of the 56th:
A bill to amend Article 1 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to the state flag, so as to change the appearance and descrip tion of the flag of the State of Georgia; to provide for a referendum.
Referred to Committee on Rules.
SB 137. By Senators Henson of the 55th, Walker of the 22nd and Thomas of the 10th:
A bill to amend Chapter 10A of Title 43 of the Official Code of Georgia Anno tated, relating to professional counseling, social work, and marriage and family therapy, so as to change the provisions relating to legislative purpose; to change the provisions relating to definitions; to change the provisions relating to the li censing requirements and exceptions thereto; to change the provisions relating to legislative construction.
Referred to Committee on Health and Human Services.
SB 138. By Senators Starr of the 44th and Garner of the 30th:
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 that the collection of certain additional annual registration fees for certain special license plates and prestige license plates shall not be required.
Referred to Committee on Finance and Public Utilities.

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SB 139. By Senators Starr of the 44th and Garner of the 30th:
A bill to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to provide for a local tax amnesty program; to pro vide for legislative findings, declarations, and intent; to provide for definitions; to provide for powers, duties, and authority of local officials with respect to such local amnesty program; to provide for waiver of local tax penalties and criminal prosecution; to provide an effective date. Referred to Committee on Finance and Public Utilities.
SB 140. By Senator Dawkins of the 45th:
A bill to amend Article 2 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to gambling and related offenses, so as to provide that raffles and charitable casino gambling operated by certain school affiliated organizations who use the entire proceeds therefrom to benefit the students of the school shall be legal and shall not be in violation of the statutes prohibiting gambling and related matters; to define certain terms; to change the definition of a certain term. Referred to Committee on Economic Development, Tourism and Cultural Affairs.
SB 141. By Senators Henson of the 55th and Robinson of the 16th:
A bill to amend Code Section 48-9-3 of the Official Code of Georgia Annotated, relating to the levy of excise tax on distributors who sell or use motor fuel and related matters, so as to provide a gallon equivalent for compressed petroleum gas. Referred to Committee on Finance and Public Utilities.
SB 142. By Senator Walker of the 22nd:
A bill to amend Article 2 of Chapter 7 of Title 47 of the Official Code of Georgia Annotated, relating to the administration and management of the assets of the Georgia Firemen's Pension Fund, so as to authorize the board of directors of such fund to grant postretirement benefit increases; to provide conditions for such increases. Referred to Committee on Retirement.
SB 143. By Senator Newbill of the 56th:
A bill to amend Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to housing generally, so as to provide for requirements for home inspec tors; to provide for definitions; to provide for requirements relative to bonding or insurance; to provide for exceptions; to prohibit certain conduct; to provide for penalties. Referred to Committee on Insurance and Labor.
SR 115. By Senator Cheeks of the 23rd:
A resolution authorizing the granting of a nonexclusive easement for operation and maintenance of a telecommunications switching cabinet in, on, over, under, upon, across, or through property owned by the State of Georgia in Richmond County, Georgia; to provide an effective date. Referred to Committee on Finance and Public Utilities.
SR 117. By Senators Dean of the 31st, Garner of the 30th and Broun of the 46th:
A resolution creating the Senate Music Industry Committee, an interim study committee, and a citizen's advisory council thereto. Referred to Committee on Rules.

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SR 118. By Senator Starr of the 44th: A resolution authorizing the granting of nonexclusive easements for operation and maintenance of ingress and egress and utility facilities in, on, over, under, upon, across, or through property owned by the State of Georgia in Calhoun, Clinch, Fulton, and Hall Counties, Georgia; to provide an effective date.
Referred to Committee on Finance and Public Utilities.
SR 119. By Senator Starr of the 44th: A resolution authorizing the termination of that certain "Amendment to Leases" (Consolidated Lease) entered into on April 25, 1974, by and between the State of Georgia (State) acting through the Governor and the Secretary of State and by virtue of and pursuant to Resolution Act No. 119 enacted by the 1974 Regular Session of the Georgia General Assembly and approved by the Governor of the State of Georgia on March 28, 1974; to provide an effective date.
Referred to Committee on Finance and Public Utilities.
SR 120. By Senators Coleman of the 1st and Alien of the 2nd: A resolution authorizing the conveyance of certain state owned real property lo cated in Chatham County, Georgia; to provide an effective date.
Referred to Committee on Finance and Public Utilities.
SR 121. By Senators Coleman of the 1st and Alien of the 2nd: A resolution granting a nonexclusive easement for planning, construction, instal lation, operation, maintenance, repair, and renourishment of a certain beach area in, on, over, under, upon, across, or through property owned or claimed by the State of Georgia in Chatham County, Georgia; to provide for related matters; to provide an effective date.
Referred to Committee on Finance and Public Utilities.
SR 122. By Senator Walker of the 22nd: A resolution authorizing the granting of a nonexclusive easement for operation and maintenance of overhead electrical transmission lines and towers in, on, over, under, upon, across, or through property owned by the State of Georgia in Burke County, Georgia; to provide an effective date.
Referred to Committee on Finance and Public Utilities.
The following bill of the House was read the first time and referred to committee:
HB 289. By Representative Royal of the 164th: A bill to amend an Act reincorporating and providing a new charter for the City of Baconton, so as to change the provisions relating to the time of election, tak ing of office, and terms of office of the mayor and councilmembers.
Referred to Committee on Urban and County Affairs.
The following reports of standing committees were read by the Secretary:
Mr. President:
The Committee on Consumer Affairs has had under consideration the following bill of

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the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SB 14. Do pass. Respectfully submitted,
Senator Langford of the 35th District, Chairman

Mr. President:

The Committee on Corrections has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SB 87. Do pass.
Respectfully submitted,
Senator Ray of the 19th District, Chairman

Mr. President:

The Committee on Insurance and Labor has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the follow ing recommendation:
SB 17. Do pass.
Respectfully submitted,
Senator Pollard of the 24th District, Chairman

Mr. President:

The Committee on Judiciary has had under consideration the following bills of the Sen ate and has instructed me to report the same back to the Senate with the following recommendations:
SB 12. Do pass. SB 76. Do pass.
Respectfully submitted,
Senator Oliver of the 42nd 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 111. Do pass. HB 103. Do pass.

HB 115. Do pass. HB 123. Do pass.

HB 114. Do pass.

Respectfully submitted,

Senator Thompson of the 33rd District, Chairman

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The following bills of the Senate were read the second time:
SB 11. By Senators Hooks of the 14th, Garner of the 30th, Robinson of the 16th 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 enact the "Motorized Wheelchair Warranty Act"; to define certain terms; to provide for express warranties; to provide for the duration of such warranties; to provide for repair of nonconfor mities; to provide for return and replacement of wheelchairs.
SB 30. By Senators Taylor of the 12th, Henson of the 55th and Brown of the 26th:
A bill to amend Part 4 of Article 2 of Chapter 2 of Title 38 of the Official Code of Georgia Annotated, relating to financial and property management of military affairs, so as to authorize comprehensive cooperative agreements regarding ser vices and facilities in defense matters among the federal, state, and local governments.
SB 70. By Senators Kemp of the 3rd, Hill of the 4th, Perdue of the 18th and others:
A bill to amend Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to state printing and documents, so as to provide that stationery used by state agencies, state departments, and other state entities shall have printed thereon one or more telephone numbers to which responses and inquiries may be directed; to provide for definitions; to provide for applicability.
The President called for the morning roll call, and the following Senators answered to their names:

Balfour Baugh Blitch Boshears Bowen Broun of 46th Brown of 26th BChuerteokns
Clay Coleman Crotts
Dawkins Day Dean Edge Egan Farrow

Garner Gillis Glanton Gochenour Harbison Hemmer Henson HHoilol ks
Huggins Isakson Kemp
Langford of 35th Langford of 29th Madden Marable Middleton Newbill

Oliver Parrish Perdue Pollard Ragan of llth
of 32nd Ralgton ,,Ro,bi.nson
Jott lotm Starr
Taylor Thomas Thompson Turner Tysinger Walker

Those not answering were Senators:

Abernathy

Alien

Ray

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

Senator Farrow of the 54th introduced the chaplain of the day, Reverend Dan Scott,

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pastor of First Baptist Church, Fort Oglethorpe, Georgia, who offered scripture reading and prayer.
The following resolution of the Senate was read and adopted:
SR 123. By Senators Garner of the 30th, Robinson of the 16th, Hooks of the 14th and others: A resolution congratulating Lieutenant Governor Pierre Howard on the occasion of his birthday.
Lieutenant Governor Howard addressed the Senate extemporaneously.
Senator Garner of the 30th introduced the 1992 State 4-H President and national 4-H winners from Georgia, who were recognized and commended by SR 74, adopted previously.
The following resolutions of the Senate were read and adopted:
SR 50. By Senator Middleton of the 50th: A resolution recognizing William C. Clary, Jr.
SR 114. By Senator Broun of the 46th: A resolution commending and recognizing Dr. Fred Davison.
SR 125. By Senators Coleman of the 1st and Alien of the 2nd: A resolution commending Walter Mitchell, Jr.
SR 126. By Senators Burton of the 5th and Coleman of the 1st: A resolution recognizing Georgia Institute of Technology as the host for the 1993 National Collegiate Athletic Association's Women's Final Four basketball championship.
SR 129. By Senators Ragan of the llth and Turner of the 8th: A resolution commending the Thomas County Central High School football team.
The following local, uncontested bills of the Senate and House, favorably reported by the committee as listed on the Senate Local Consent Calendar, were put upon their passage:
SENATE LOCAL CONSENT CALENDAR Wednesday, February 3, 1993 EIGHTH LEGISLATIVE DAY
(The names listed with each bill are the Senators whose districts are affected by the legislation.)
SB 111 Gillis, 20th TREUTLEN COUNTY Amends an Act providing for the election of the members of the Treutlen County Board of Education, provides for the compensation of the board members.

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HB 103 Ragan, llth EARLY COUNTY
Reconstitutes the Board of Education of Early County and provides for its powers, duties, rights, obligations, and liabilities.

HB 114 Blitch, 7th CITY OF TIFTON
Amends an Act to provide a new charter for the City of Tifton, provides that the city manager shall be engaged in no work or business outside of his/her duties as city manager unless authorized by the city commission.

HB 115 Blitch, 7th CITY OF TIFTON
Provides a homestead exemption from the City of Tifton ad valorem taxes for city purposes in the amount of $10,000 of the assessed value of said home stead for certain residents of the city; provides such an exemption in the amount of $25,000 for certain such residents 65 years of age or older.

HB 123 Blitch, 7th CITY OF TIFTON
Provides for a new charter for the City of Tifton; provides that municipal elections shall be held on a certain date.

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

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

Those voting in the affirmative were Senators:

Alien Balfour Baugh Blitch Boshears Burton Cheeks Clay Crotts Dawkins Day Dean Edge Egan Farrow Garner

Gillis Glanton Gochenour Harbison Hemmer Henson Hill Hooks Huggins Isakson Kemp Langford of 35th Langford of 29th Madden Marable Middleton

Newbill Oliver Perdue Pollard Ragan of llth Ragan of 32nd Ralston Ray Robinson Scott Slotin Starr Taylor Thomas Turner Tysinger

Those not voting were Senators:

Abernathy Bowen Broun of 46th

Brown of 26th Coleman Parrish

Thompson Walker

On the passage of all the local bills, the yeas were 48, nays 0.

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All the bills on the Senate Local Consent Calendar, having received the requisite consti tutional majority, were passed.
Senator Gillis of the 20th asked unanimous consent that SB 111 be reconsidered due to a technicality.
The consent was granted, and SB 111 was reconsidered and placed on the next Senate Local Consent Calendar.
SENATE CALENDAR
Wednesday, February 3, 1993
EIGHTH LEGISLATIVE DAY
SB 13 Stalking, Aggravated Stalking--provide for crime (Substitute) (Judy--42nd) (Pursuant to Senate Rule 143, final passage of the bill was suspended on Febru ary 2, 1993.)
SB 43 Quality Basic Education--add certain goals (Substitute) (Ed--56th) SB 45 State Board of Education--public hearings (Substitute) (Ed--56th) SB 51 State Forestry Commission--accept service of unpaid volunteers (Amendment)
(Nat R--20th) SR 7 Task Force on Educational Outcomes Based Flexibility--create (Amendment)
(Ed--36th) SR 67 Banks--urge Congress take action to reduce regulatory burden (Amendment)
(B&FI--8th)
The following general bill of the Senate, having been read the third time on February 2 and final action suspended until today, pursuant to Senate Rule 143, was continued upon its passage:
SB 13. By Senators Oliver of the 42nd, Egan of the 40th, Starr of the 44th and others: A bill to amend Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to crimes against the person, so as to provide for the crimes of stalking and aggravated stalking; to amend Article 1 of Chapter 5 of Title 42, relating to correctional institutions of the state and counties, so as to provide for notice to victims of the release from custody of certain persons charged with the offense of stalking or aggravated stalking.
The substitute to SB 13 offered by Senator Oliver of the 42nd on February 2, was auto matically reconsidered and put upon its adoption.
Senators Hill of the 4th and Perdue of the 18th offered the following amendment:
Amend the substitute to SB 13 offered by Senator Oliver of the 42nd by adding be tween lines 8 and 9 on page 3 the following:
"(f) This Code section does not apply to any person or an employee of such person engaged in bona fide business activity which may include observation, including but not limited to credit collection, bill collection, check collection, rental collection, or the reposses sion of property."
By adding between lines 20 and 21 on page 4 the following:
"(e) This Code section does not apply to any person or an employee of such person engaged in bona fide business activity which may include observation, including but not limited to credit collection, bill collection, check collection, rental collection, or the reposses sion of property."

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On the adoption of the amendment offered by Senators Hill of the 4th and Perdue of the 18th, the yeas were 43, nays 0, and the amendment was adopted.

On the adoption of the substitute offered by Senator Oliver of the 42nd, the yeas were 41, nays 3, 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:

Abernathy Alien Balfour Baugh Boshears Brown of 26th Burton Cheeks Clay Coleman Crotts Dawkins Dean Edge Egan Farrow

Garner Gillis Harbison Hemmer Henson Hill Hooks Huggins Isakson Kemp Langford of 29th Madden Marable Middleton Newbill Oliver

Parrish Perdue Pollard Ragan of llth Ragan of 32nd Ralston Ray Robinson Scott Slotin Starr Thomas Thompson Turner Tysinger Walker

Those voting in the negative were Senators:

Day Glanton

Gochenour

Langford of 35th

Those not voting were Senators:

Blitch Bowen

Broun of 46th

Taylor

On the passage of the bill, the yeas were 48, nays 4.

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

Senator Dean of the 31st moved that SB 13 be immediately transmitted to the House.

On the motion, the yeas were 41, nays 1; the motion prevailed, and SB 13 was immedi ately transmitted to the House.

Senator Gillis of the 20th introduced the doctor of the day, Dr. Tim Palmer, of Swainsboro, Georgia.

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159

The following general bills and resolution of the Senate, favorably reported by the com mittees, were read the third time and put upon their passage:
SB 43. By Senators Newbill of the 56th, Clay of the 37th, Gochenour of the 27th and others:
A bill to amend Part 1 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the purpose of the "Quality Basic Education Act," so as to add certain goals to the Act.
The Senate Committee on Education offered the following substitute to SB 43:
A BILL
To be entitled an Act to amend Part 1 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the purpose of the "Quality Basic Education Act," so as to add certain goals to the Act; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Part 1 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the purpose of the "Quality Basic Education Act," is amended by striking Code Section 20-2-132, relating to primary goals of the article, and inserting in its place a new Code section to read as follows:
"20-2-132. It is the intent of the General Assembly that the primary goals of this article shall be as follows:
(1) A substantial reduction in the number of teachers who leave the teaching profession for reasons of job dissatisfaction;
(2) A decrease in the percentage and number of students who enter school but drop out prior to graduation;
(3) The elimination of emergency teaching certificates and waivers for teaching outside of specialty;
(4) A decrease in the percentage of students who fail the State Basic Skills Teat in the tenth grade perform below predicted levels on instruments in the state testing program;
(5) A significant increase in the test scores of Georgia students who take the Scholastic Aptitude Test (SAT); and
(6) An increase in the number of students mastering each skill in reading, mathematics, and other subject areas? ; and
(7) By the year 2000:
(A) All children in Georgia will start school ready to learn;
(B) The high school graduation rate will increase to at least 90 percent;
(C) Georgia students will leave grades four, eight, and 12 having demonstrated compe tency^ challenging subject matter, including English, mathematics, science, history, and geography; and every school in this state will ensure that all students learn to use their minds well so they may be prepared for responsible citizenship, further learning, and pro ductive employment in our modern economy;
(D) Georgia students will be first in the United States and in the world in science and mathematics achievement;
(E) Every adult Georgian will be literate and will possess the knowledge and skills nec essary" to compete in a global economy and exercise the rights and responsibilities of citizen ship; ancT
(F) Every school in Georgia will be free of drugs and violence and will offer a disci: plined environment conducive to learning."

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Section 2. All laws and parts of laws in conflict with this Act are repealed.

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

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

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

Those voting in the affirmative were Senators:

Abernathy Alien Balfour Baugh Blitch Boshears Brown of 26th Burton Cheeks Clay Coleman Crotts Dawkins Day Dean Edge Egan Farrow

Gillis Gochenour Harbison Hemmer Henson Hill Hooks Huggins Isakson Kemp Langford of 35th Langford of 29th Madden Marable Middleton Newbill Oliver

Parrish Perdue Pollard Ragan of llth Ragan of 32nd Ralston Ray Robinson Scott Slotin Starr Taylor Thomas Thompson Turner Tysinger Walker

Voting in the negative was Senator Glanton.

Those not voting were Senators:

Bowen

Broun of 46th

Garner

On the passage of the bill, the yeas were 52, nays 1.

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

SB 45. By Senators Newbill of the 56th, Clay of the 37th, Glanton of the 34th and others:
A bill to amend Article 1 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the State Board of Education, so as to change certain re quirements regarding public hearings by members of the State Board of Education.

The Senate Committee on Education offered the following substitute to SB 45:

A BILL
To be entitled an Act to amend Article 1 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the State Board of Education, so as to change certain re quirements regarding public hearings by members of the State Board of Education and no tice of such hearings; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 1 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the State Board of Education, is amended by striking Code Section 20-2-5.1, relating to public hearings by members of the State Board of Education, and inserting in its place a new Code section to read as follows:
"20-2-5.1. (a) Each member of the State Board of Education shall hold one or more public hearings annually during the regular school calendar year in the respective congres sional district from which the member was appointed. The purpose of the public hearing shall be to hear testimony from interested citizens and educators within the congressional district regarding the performance and problems of public education within the congres sional district. The public hearing will be held in an appropriate public building located within the respective congressional district. Each board member shall attempt to hold the public hearings at locations throughout such member's respective congressional district. The public hearing will begin at 7:00 P.M. if held on Monday through Friday or at 10:00 A.M. if held on Saturday. No public hearing required by this Code section shall be held on Sunday.
(b) A member of the State Board of Education holding a public hearing required by this Code section shall:
(1) Cause a notice of the date, time, place, and purpose of the public hearing to be published in the official legal organ of each county wholly or partially within the eongrca aional district at least once during each of two consecutive weeks immediately preceding the week during which the hearing is held, which notice shall be published in the official legal organ of each county wholly or partially within the congressional district unless there is any other newspaper having a general paid circulation in said county which exceeds that of the official organ, in which event the notice shall be published in any such other newspaper;
(2) Issue a press release to the print and broadcast media serving the congressional district announcing the date, time, place, and purpose of the public hearing; and
(3) Take such other action as may be necessary to bring the public hearing to the atten tion of the public and to encourage public attendance at and participation in the public hearing.
(c) A member of the State Board of Education shall constitute a committee of one for the purpose of holding a public hearing required by this Code section and, in connection therewith, shall be entitled to receive the per diem and expenses provided for by Code Sec tion 20-2-9.
(d) The costs incurred in holding public hearings required by this Code section shall come from funds appropriated or available to the State Department of Education."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 43, nays 0, and the substitute was adopted.

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

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

Those voting in the affirmative were Senators:

Abernathy Alien Balfour Baugh Blitch Boshears

Bowen Broun of 46th Brown of 26th Burton Cheeks Clay

Crotts Dawkins Day Dean Edge Egan

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JOURNAL OF THE SENATE

Farrow Gillis Glanton Gochenour Harbison Hemmer Henson Hill Hooks Huggins Isakson Kemp

Langford of 35th Langford of 29th Madden Marable Middleton Newbill Oliver Parrish Perdue Pollard Ragan of llth Ragan of 32nd

Ralston Ray Robinson Scott Slotin Starr Taylor Thomas Thompson Turner Tysinger Walker

Not voting were Senators Coleman and Garner.

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

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

SB 51. By Senators Gillis of the 20th, Huggins of the 53rd and Perdue of the 18th:
A bill to amend Code Section 12-6-5 of the Official Code of Georgia Annotated, relating to the powers and duties of the State Forestry Commission, so as to authorize the director of the State Forestry Commission to accept the service of unpaid volunteers for certain duties; to authorize the reimbursement of such per sons for certain expenses; to provide that such persons shall not be employees of the state.

Senator Gillis of the 20th offered the following amendment:

Amend SB 51 by inserting on line 10 of page 1, immediately following the word and symbol "self-insurance;", the following:
"to limit authorization of volunteers to enter privately owned or operated property;".
By inserting between lines 28 and 29 on page 2 the following:
"(5) No volunteer shall be authorized or allowed to enter privately owned or operated lands, facilities, or properties, except for emergency fire fighting purposes, without the ex press prior written permission of the owner or operator of such privately owned or operated lands, facilities, or properties; provided, however, such prohibition shall not apply to lands, facilities, or properties leased to the State of Georgia."

On the adoption of the amendment, the yeas were 42, nays 0, and the amendment was adopted.

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

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

Those voting in the affirmative were Senators:

Abernathy Alien Balfour Baugh Blitch Boshears

Bowen Broun of 46th Brown of 26th Burton Cheeks Clay

Coleman Crotts Dawkins Day Dean Edge

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Egan Farrow
Garner Gillis Glanton Gochenour Harbison Hemmer Henson Hill Hooks Huggins Isakson

Kemp Langford of 35th Langford of 29th Madden Marable Middleton Newbill Oliver Perdue Pollard Ragan of llth Ragan of 32nd

Ralston Ray Robinson Scott Slotin Starr Taylor Thomas Thompson Turner Tysinger Walker

Not voting was Senator Parrish.

On the passage of the bill, the yeas were 55, nays 0.

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

SR 7. By Senators Scott of the 36th, Robinson of the 16th and Oliver of the 42nd: A resolution creating the Task Force on Educational Outcomes Based Flexibility.

The Senate Committee on Education offered the following amendment:

Amend SR 7 by striking line 11 of page 3 and inserting in its place the following: "citizens throughout the task force meeting process."

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

The report of the committee, which was favorable to the adoption of the resolution as amended, was agreed to.

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

Those voting in the affirmative were Senators:

Abernathy Alien Balfour Baugh Blitch
Boshears Bowen Broun of 46th Brown of 26th Burton
Cheeks Clay Coleman Crotts Dawkins Day Dean

Edge Egan Farrow Garner Gillis Gochenour Harbison Hemmer Hill Hooks Huggins Isakson Kemp Langford of 35th Langford of 29th Madden Marable

Middleton Newbill Oliver Perdue Pollard Ragan of llth Ragan of 32nd Ralston Ray Robinson Scott Starr Taylor Thomas Thompson Turner Tysinger

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Those not voting were Senators:

Glanton Henson

Parrish Slotin

Walker

On the adoption of the resolution, the yeas were 51, nays 0.

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

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

SB 23. By Senators Pollard of the 24th and Cheeks of the 23rd:
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 chairperson of the board of elections.

The House substitute to SB 23 was as follows:

A BILL
To be entitled an Act 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 chairperson of the board of elections; to relieve certain boards and officers of certain powers and duties and provide for the transfer of certain items to the newly created board of elections; to provide for an executive director and the powers and duties of such executive director; to provide for board of elections employees and their compensation; to provide for compensation of the members of the board of elections and the executive director; to provide for offices and equipment; to provide for the board of elections' performance of certain functions and du ties for certain municipalities; to provide for the employment of legal counsel for the board under certain circumstances; to provide for the meaning of certain terms; to provide for submission of this Act to the United States Attorney General; to provide for related mat ters; 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. There is created in Columbia County, Georgia, a board of elections which shall have jurisdiction over the conduct of primaries and elections and the registration of electors in Columbia County, Georgia.
Section 2. (a) The board of elections in Columbia County shall be composed of three members, each of whom shall be an elector and resident of Columbia County.
(b) One member of the board of elections shall be a member of the political party which received the highest number of votes within the county for its candidate for President of the United States in the general election immediately preceding the appointment of the mem ber, and such member shall be appointed by the executive committee of such political party. One member of the board of elections shall be a member of the political party which re ceived the second highest number of votes within the county for its candidate for President of the United States in the general election immediately preceding the appointment of such member, and such member shall be appointed by the executive committee of such political party.
(c) (1) The third member of the board shall be appointed by the two political party

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members provided for in subsection (b) of this section. However, if the two political party members are unable to agree upon a person to be appointed to serve as such third member within a period of 21 days following their appointment or following a vacancy thereafter, then such two political party members shall immediately vacate their positions and new appointments to said positions shall be made by said party executive committees. Such pro cedure of reappointment by the party executive committees shall recommence and continue until such time as their two appointees agree on a third appointee within 21 days as pro vided for in this section, except as otherwise provided in paragraph (2) of this subsection.
(2) If the two political party members are for a third successive time unable to agree within such 21 day period, then: (A) mechanism of reappointment by the party executive committees shall cease; (B) the two members in office shall remain in office; and (C) the third member of the board shall be appointed by the probate judge of Columbia County.
(d) The initial appointments made under this section shall be for terms of office begin ning July 1, 1993; and subsequent terms of office shall likewise begin on July 1 of the appro priate year. The initial appointment under this section of the third member of the board of elections shall be for two years and the initial appointment under this section of the two political party members shall be for four years. Thereafter, all appointments shall be for terms of four years and until their successors are duly appointed.
(e) A chairperson who shall be a member of the board of elections shall be elected annually by the board to serve for a term of one year. The chairperson shall be eligible to succeed himself or herself for one term only.
Section 3. No person who holds elective public office shall be eligible to serve as a mem ber during the term of such elective office, and the position of any member shall be deemed vacant upon such member qualifying as a candidate for elective public office.
Section 4. The appointment of each political party member, in the case of an appoint ment other than an appointment to fill a vacancy resulting from a failure to agree on a third member, shall be made by the respective appointing authority filing an affidavit with the clerk of the Superior Court of Columbia County no earlier than 60 days and no later than 30 days preceding the date at which such member is to take office, stating the name and resi dential address of the person appointed and certifying that such member has been duly appointed as provided in this Act. In the case of an appointment made to fill a political party member vacancy resulting from a failure to agree on the third member of the board, the appointment shall be so certified not later than the tenth day following the date of the vacancy and shall take effect on such tenth day. The appointment of each member who is not a political party member shall likewise be certified to the clerk by the two political party members. The clerk of the superior court shall record each of such certifications on the minutes of the court and shall certify the name of each such member to the Secretary of State and provide for the issuance of appropriate commissions to the members and chairperson within the same time and in the same manner as provided by law for registrars.
Section 5. Each member of the board of elections shall be eligible to succeed himself or herself for one term and shall have the right to resign at any time by giving written notice of his or her resignation to the appointing authority and to the clerk of the superior court and shall be subject to removal from the board of elections at any time for cause after notice and hearing in the same manner and by the same authority as provided for removal of registrars.
Section 6. In the event a vacancy occurs in the office of any member before the expira tion of his or her term by removal, death, resignation, or otherwise, the respective ap pointing authority shall appoint a successor to serve the remainder of the unexpired term. The clerk of the superior court shall be notified of interim appointments and record and certify such appointments in the same manner as the regular appointment of members.
Section 7. Before entering upon his or her duties, each member shall take substantially the same oath as required by law for registrars and shall have the same privileges from arrest as registrars.

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Section 8. Each board of elections shall:
(1) With regard to the preparation for conduct and administration of primaries and elections, succeed to and exercise all duties and powers granted to and incumbent upon the judge of the probate court pursuant to Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code," as now or hereafter amended, and any other provision of law;
(2) With regard to the registration of electors, succeed to and exercise all of the powers, duties, and responsibilities granted to and incumbent upon a board of registrars pursuant to Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code," as now or hereafter amended, or any other provision of law.
Section 9. (a) The board of elections shall be responsible for the selection, appointment, and training of poll workers in elections, and such workers shall be appointed, insofar as practicable, from lists provided the board of elections by the county executive committee of each political party.
(b) (1) The board of elections shall be authorized to employ necessary employees to assist the board of elections in carrying out its duties and functions as provided in this Act. The board of elections is authorized the same number of staff positions and the same level of funding for such positions as were in effect for the prior board of elections on January 1, 1993, without any necessity of approval from the Board of Commissioners of Columbia County.
(2) Prior to the creation of any additional positions of employment or additional staff funding, the board of elections shall receive approval from the Board of Commissioners of Columbia County for such positions or staff funding.
(c) There is created the position of a full-time executive director who shall be appointed by the board of elections as one of the staff positions authorized under paragraph (1) of subsection (b) of this section. The executive director shall have supervisory duties and shall carry out the policies of the board of elections and the requirements of Chapter 2 of Title- 21 of the O.C.G.A., the "Georgia Election Code." The executive director shall conduct voter registration drives throughout the county at least once within the 18 month period following each general election. The executive director shall also establish not less than two perma nent facilities for registration of electors. The executive director shall establish staff person nel rules and policies which are generally consistent with those in effect for employees of the Columbia County governing authority.
Section 10. As of July 1, 1993, any prior board of elections of Columbia County (if in existence on that date), the judge of the Probate Court of Columbia County, and any board of registrars of Columbia County shall be relieved from all powers and duties to which the board of elections as created in this Act shall succeed by the provisions of this Act; and they shall deliver thereafter to the board of elections the custody of all equipment, supplies, materials, books, papers, records, and facilities of every kind pertaining to such powers and duties.
Section 11. The chairperson of the board of elections shall be the chief executive officer of the board of elections and shall generally supervise, direct, and control the administration of the affairs of the board of elections pursuant to law and duly adopted resolutions of the board of elections. The board of elections shall fix and establish by appropriate resolution entered on its minutes directives governing the execution of matters within its jurisdiction.
Section 12. Except as otherwise provided in Section 9 of this Act, compensation for the members of the board of elections, the executive director, clerical assistants, and other em ployees of the board of elections shall be such as may be fixed by the governing authority of the county. Such compensation and operating expenses required by the office of the board of elections shall be paid wholly from county funds. The governing authority of the county shall provide the board of elections with proper and suitable offices. The governing author ity of the county shall further provide the board of elections with funding sufficient for the employment of clerical assistance and other employees as may be necessary for the effective functioning of the board of elections and completion of its duties as provided in this Act.

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Section 13. The board of elections shall have the authority to contract with any munici pality located within the county for the holding of any primary or election by the board to be conducted within the municipality. Any income from this activity shall be delivered to the county governing authority.
Section 14. The board of elections shall have the authority to engage the services of legal counsel, by contract or otherwise, to represent the interests of the board of elections in any matter with respect to which legal counsel for the board of elections is not provided by the county governing authority; and the board of elections is authorized to order the pay ment of fees, compensation, and expenses therefor from the general fund of the county treasury.
Section 15. The words "election," "elector," "political party," "primary," "public of fice," "special election," and "special primary" shall have the same meaning ascribed to those words by Code Section 21-2-2 of the O.C.G.A., as amended, unless otherwise clearly apparent from the text of this Act.
Section 16. 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 Columbia County to submit this Act to the United States Attorney General for approval.
Section 17. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 18. 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 23.

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

Those voting in the affirmative were Senators:

Abernathy Alien Balfour Baugh Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cheeks Clay Coleman Crotts Dawkins Day Dean

Edge Egan Farrow Garner Gillis Gochenour Harbison Hemmer Hill Hooks Huggins Isakson Kemp Langford of 29th Madden Marable Middleton

Newbill Oliver Parrish Perdue Pollard Ragan of llth Ragan of 32nd Ralston Ray Robinson Scott Slotin Starr Thompson Turner Tysinger Walker

Those not voting were Senators:

Glanton Henson

Langford of 35th Taylor

Thomas

On the motion, the yeas were 51, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 23.

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

SR 67. By Senators Turner of the 8th, Clay of the 37th, Scott of the 36th and others:
A resolution urging the United States Congress to take all necessary and appro priate action to reduce the regulatory burden on banks.

The Senate Committee on Banking and Financial Institutions offered the following amendment:

Amend SR 67 by striking line 21 of page 1 and inserting in lieu thereof the following: "discourages some banks from effectively offering certain banking products to".

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

The report of the committee, which was favorable to the adoption of the resolution as amended, was agreed to.

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

Those voting in the affirmative were Senators:

Abernathy Alien Balfour Baugh Blitch Bowen Broun of 46th Brown of 26th Burton Cheeks Clay Coleman Crotts Dawkins Day Dean

Edge Egan Farrow Garner Gillis Glanton Gochenour Harbison Henson Hill Hooks Isakson Kemp Langford of 29th Madden Marable

Middleton Newbill Parrish Perdue Pollard Ragan of 32nd Ralston Ray Robinson Scott Slotin Starr Thompson Turner Tysinger Walker

Voting in the negative was Senator Langford of 35th.

Those not voting were Senators:

Boshears Hemmer Huggins

Oliver Ragan of llth

Taylor Thomas

On the adoption of the resolution, the yeas were 48, nays 1.

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

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Senator Robinson of the 16th moved that the Senate do now adjourn until 10:00 o'clock



A.M. tomorrow, and the motion prevailed.

i

;

At 11:55 o'clock A.M., the President announced the Senate adjourned until 10:00

o'clock A.M. tomorrow.

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Senate Chamber, Atlanta, Georgia Thursday, February 4, 1993 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 yesterday's proceedings had been read and found correct.
By unanimous consent, the reading of the Journal wad dispensed with, and the Journal was confirmed.
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House:
HB 342. By Representative Patten of the 176th: A bill to fix the compensation of the clerk of the Superior Court of Echols County.
HB 388. By Representatives Sherrill of the 62nd, Davis of the 60th, Teper of the 61st, Henson of the 65th, Turnquest of the 73rd and others: A bill to amend an Act creating a new charter for the City of Chamblee, so as to alter powers of the mayor and council; to create the office of city manager and provide for the appointment, removal, compensation, and duties of the city man ager; to provide for the appointment and removal of the offices of marshal, city clerk, and director of public works.
HB 2. By Representatives Lane of the 55th, Dixon of the 150th, Shanahan of the 10th, Mobley of the 86th and Dover of the 9th: A bill to amend Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties and municipal corporations, so as to provide that no municipal and county consolidation shall become effec tive unless such consolidation is separately approved by a majority of the quali fied voters voting in a referendum thereon in each affected county or counties and in each affected municipality or municipalities located within such county or counties containing at least 10 percent of the population.
HB 234. By Representative Cummings of the 27th: A bill to amend Article 6 of Chapter 20 of Title 47 of the Official Code of Georgia Annotated, relating to miscellaneous provisions relative to the Public Retirement Systems Standards Law, so as to repeal Code Section 47-20-63, relating to the exemption of a certain bill relating to the Georgia Firemen's Pension Fund from the provisions of such chapter.
HB 239. By Representatives Cummings of the 27th and Godbee of the 145th: A bill to amend Article 7 of Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to retirement allowances, disability allowances, and related matters under the Teachers Retirement System of Georgia, so as to authorize the

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board of trustees of such retirement system to pay the taxable portion of any refunded accumulated contributions to an eligible retirement plan.
HB 316. By Representatives Godbee of the 145th, White of the 161st and Taylor of the 134th:
A bill to amend Code Section 47-3-1 of the Official Code of Georgia Annotated, relating to definitions for purposes of the law regarding the Teachers Retirement System of Georgia, so as to delete certain references to appointed boards of education.
HB 138. By Representative Wall of the 82nd:
A bill to amend Code Section 16-12-103 of the Official Code of Georgia Anno tated, relating to the sale or distribution of harmful materials to minors, so as to make it unlawful to sell or loan for monetary consideration or otherwise furnish or disseminate to a minor through a computer or computer network certain sex ual materials which are harmful to minors or the advertisement of the means of procurement of such sexual materials which are harmful to minors.
The House has adopted by the requisite constitutional majority the following resolution of the House:
HR 64. By Representatives Lane of the 55th, Stancil of the 16th, Harris of the 17th and Pinholster of the 15th:
A resolution ratifying the change of regional development center boundaries es tablished by the Board of Community Affairs.
The House has passed by the requisite constitutional majority the following bill of the House:
HB 168. By Representatives Taylor of the 134th, Buck of the 135th, Culbreth of the 132nd, Hugley of the 133rd and Smyre of the 136th:
A bill to amend Article 3 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to employees' records checks for Day Care Centers, so as to add definitions; to provide for records checks of foster parents used by licensed child-placing agencies.
The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:
SB 144. By Senators Coleman of the 1st and Alien of the 2nd:
A bill to amend an Act incorporating the Town of Vernonburg, as amended, so as to adopt the Georgia Municipal Election Code; to provide a different date for election of officers; to provide different terms for the officers of said town. Referred to Committee on Urban and County Affairs.
SB 145. By Senators Coleman of the 1st and Alien of the 2nd:
A bill to create the Coastal Area Olympic Games Authority; to provide for a short title; to provide for findings and determinations; to provide for definitions; to provide for the creation of the authority; to provide for the membership of the authority; to provide for appointment, terms, vacancies, qualifications, and com pensation of members of the authority; to provide for expenses relating to mem bers of the authority. Referred to Committee on Urban and County Affairs (General).

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SB 146. By Senators Robinson of the 16th, Oliver of the 42nd, Edge of the 28th and Ralston of the 51st:
A bill to amend Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance in general, so as to provide for written notice to claimants of payment of claims to attorneys in third-party settlements. Referred to Committee on Insurance and Labor.
SB 147. By Senators Boshears of the 6th, Blitch of the 7th, Kemp of the 3rd and others:
A bill to amend Code Section 12-3-235 of the Official Code of Georgia Annotated, relating to the powers of the Jekyll Island--State Park Authority, so as to pro vide for a limitation on fee increases. Referred to Committee on Natural Resources.
SB 148. By Senators Ralston of the 51st and Oliver of the 42nd:
A bill to amend Article 3 of Chapter 7 of Title 19 of the Official Code of Georgia Annotated, relating to the determination of paternity, so as to provide that when a petition to establish paternity has been brought, the court may order genetic testing; to provide that the court may grant temporary child support; to provide for the admission of genetic testing or refusal to submit to such testing as evi dence in court. Referred to Committee on Judiciary.
SB 149. By Senator Abernathy of the 38th:
A bill to amend Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to state printing and documents, so as to require all state agencies to include the classification "multiracial" on all forms requesting information on racial identification; to amend Chapter 2 of Title 20 of the Official Code of Geor gia Annotated, relating to elementary, secondary, and adult education, so as to require all public schools to include the classification "multiracial" on all school forms requesting information on racial identification. Referred to Committee on Governmental Operations.
SB 150. By Senators Langford of the 35th and Edge of the 28th:
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 additional provisions relating to the disposition of delinquent children; to provide for special alterna tive incarceration--probation boot camps for delinquent children; to provide for the creation, operation, and supervision thereof; to provide for practices, proce dures, and requirements related thereof. Referred to Committee on Youth, Aging and Human Ecology.
SB 151. By Senators Farrow of the 54th and Huggins of the 53rd:
A bill to amend an Act entitled "An Act creating the board of commissioners of Whitfield County," as amended, so as to provide that no person may serve in the office of county commissioner or chairman for longer than three consecutive terms of four years; to provide for applicability. Referred to Committee on Urban and County Affairs.
SB 152. By Senators Farrow of the 54th and Huggins of the 53rd:
A bill to provide a homestead exemption from certain City of Dalton ad valorem taxes for city purposes in the amount of $10,000.00 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;

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to provide for applicability; to provide for a referendum, effective dates, and au tomatic repeal.
Referred to Committee on Urban and County Affairs.
SB 153. By Senators Farrow of the 54th and Huggins of the 53rd:
A bill to provide a homestead exemption from certain City of Dalton Indepen dent School District ad valorem taxes for educational purposes in the amount of $10,000.00 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 relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal.
Referred to Committee on Urban and County Affairs.
SB 154. By Senators Madden of the 47th, Oliver of the 42nd, Henson of the 55th and others:
A bill to amend Part 2 of Article 2 of Chapter 9 of Title 24 of the Official Code of Georgia Annotated, relating to the privileged nature of certain medical informa tion, so as to provide that pharmacists shall not be required to release any medi cal information concerning patients except under certain circumstances; to pro vide for the extent of liability; to provide for waiver of such privilege. Referred to Committee on Judiciary.
SB 155. By Senators Newbill of the 56th, Langford of the 35th, Glanton of the 34th and others:
A bill to incorporate the City of Sandy Springs in Fulton County; to provide for a charter for the City of Sandy Springs; to provide for incorporation, boundaries, and powers of the city; to provide for general powers; to provide for ordinances and codes; to provide for administrative responsibilities; to provide for a city manager, a city attorney, a city clerk, a tax collector, a city accountant, and other personnel.
Referred to Committee on Urban and County Affairs.
SR 127. By Senators Coleman of the 1st and Alien of the 2nd:
A resolution authorizing the conveyance of certain state property and the grant ing of certain nonexclusive easements for operation and maintenance of a thor oughfare and for other purposes in, on, over, under, upon, across, or through property owned by the State of Georgia in Chatham County, Georgia; to provide an effective date. Referred to Committee on Finance and Public Utilities.
SR 128. By Senators Burton of the 5th, Marable of the 52nd, Huggins of the 53rd and Coleman of the 1st:
A resolution urging the Board of Regents of the University System of Georgia to consider the granting of foreign language credit to those students who demon strate proficiency in American Sign Language.
Referred to Committee on Higher Education.
SR 131. By Senators Hill of the 4th, Ray of the 19th, Oliver of the 42nd and others:
A resolution creating the Older Worker Task Force. Referred to Committee on Youth, Aging and Human Ecology.

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The following bills and resolution of the House were read the first time and referred to committees:
HR 64. By Representatives Lane of the 55th, Stancil of the 16th, Harris of the 17th and Pinholster of the 15th:
A resolution ratifying the change of regional development center boundaries es tablished by the Board of Community Affairs. Referred to Committee on Urban and County Affairs (General).
HB 2. By Representatives Lane of the 55th, Dixon of the 150th, Shanahan of the 10th and others:
A bill to amend Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties and municipal corporations, so as to provide that no municipal and county consolidation shall become effec tive unless such consolidation is separately approved by a majority of the quali fied voters voting in a referendum thereon in each affected county or counties and in each affected municipality or municipalities located within such county or counties containing at least 10 percent of the population.
Referred to Committee on Urban and County Affairs (General).
HB 138. By Representative Wall of the 82nd:
A bill to amend Code Section 16-12-103 of the Official Code of Georgia Anno tated, relating to the sale or distribution of harmful materials to minors, so as to make it unlawful to sell or loan for monetary consideration or otherwise furnish or disseminate to a minor through a computer or computer network certain sex ual materials which are harmful to minors or the advertisement of the means of procurement of such sexual materials which are harmful to minors. Referred to Committee on Special Judiciary.
HB 168. By Representatives Taylor of the 134th, Buck of the 135th, Culbreth of the 132nd and others:
A bill to amend Article 3 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to employees' records checks for Day Care Centers, so as to add definitions; to provide for records checks of foster parents used by licensed child-placing agencies. Referred to Committee on Youth, Aging and Human Ecology.
HB 234. By Representative Cummings of the 27th:
A bill to amend Article 6 of Chapter 20 of Title 47 of the Official Code of Georgia Annotated, relating to miscellaneous provisions relative to the Public Retirement Systems Standards Law, so as to repeal Code Section 47-20-63, relating to the exemption of a certain bill relating to the Georgia Firemen's Pension Fund from the provisions of such chapter. Referred to Committee on Retirement.
HB 239. By Representatives Cummings of the 27th and Godbee of the 145th:
A bill to amend Article 7 of Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to retirement allowances, disability allowances, and related matters under the Teachers Retirement System of Georgia, so as to authorize the board of trustees of such retirement system to pay the taxable portion of any refunded accumulated contributions to an eligible retirement plan. Referred to Committee on Retirement.

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HB 316. By Representatives Godbee of the 145th, White of the 161st and Taylor of the 134th:
A bill to amend Code Section 47-3-1 of the Official Code of Georgia Annotated, relating to definitions for purposes of the law regarding the Teachers Retirement System of Georgia, so as to delete certain references to appointed boards of education.
Referred to Committee on Retirement.

HB 342. By Representative Patten of the 176th:
A bill to fix the compensation of the clerk of the Superior Court of Echols County. Referred to Committee on Urban and County Affairs.

HB 388. By Representatives Sherrill of the 62nd, Davis of the 60th, Teper of the 61st and others:
A bill to amend an Act creating a new charter for the City of Chamblee, so as to alter powers of the mayor and council; to create the office of city manager and provide for the appointment, removal, compensation, and duties of the city man ager; to provide for the appointment and removal of the offices of marshal, city clerk, and director of public works.
Referred to Committee on Urban and County Affairs.

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

Mr. President:

The Committee on Appropriations has had under consideration the following bill of the House and has instructed me to report the same back to the Senate with the following recommendation:
HB 121. Do pass by substitute.
Respectfully submitted,
Senator Dawkins of the 45th District, Chairman

Mr. President:

The Committee on Finance and Public Utilities has had under consideration the follow ing bill and resolutions of the Senate and has instructed me to report the same back to the Senate with the following recommendations:

SB 85. Do pass.

SR 118. Do pass.

SR 6. Do pass.

SR 119. Do pass.

SR 37. Do pass.

SR 121. Do pass.

SR 115. Do pass.

SR 122. Do pass.

Respectfully submitted,

Senator Starr of the 44th District, Chairman

Mr. President:

The Committee on Governmental Operations has had under consideration the following bills of the Senate and has instructed me to report the same back to the Senate with the following recommendations:
SB 53. Do pass.

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SB 89. Do pass.

Respectfully submitted, Senator Alien of the 2nd District, Chairman

Mr. President:

The Committee on Health and Human Services has had under consideration the follow ing bills of the Senate and has instructed me to report the same back to the Senate with the following recommendations:
SB 25. Do pass as amended. SB 61. Do pass.
Respectfully submitted,
Senator Walker of the 22nd District, Chairman

Mr. President:

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

SB 38. Do pass.

SR 68. Do pass.

SB 91. Do pass.

SR 69. Do pass by substitute.

SB 93. Do pass.

Respectfully submitted,

Senator Coleman of the 1st District, Chairman

Mr. President:

The Committee on Transportation has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SB 90. Do pass as amended.
Respectfully submitted,
Senator Coleman of the 1st District, Chairman

The following bills of the Senate were read the second time:

SB 12. By Senators Scott of the 36th, Dawkins of the 45th, Broun of the 46th 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 provide that licensed firearms dealers comply with certain requirements prior to the sale or delivery of a firearm; to amend Article 2 of Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia Crime Information Center; to amend Code Section 15-9-60 of the Official Code of Georgia Annotated, relating to costs in probate courts.

SB 14. By Senator Brown of the 26th:
A bill to amend Code Section 3-8-3 of the Official Code of Georgia Annotated, relating to the sale of malt beverages at coliseums, so as to authorize certain coliseum authorities to sell alcoholic beverages for consumption on the premises

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only upon property owned or controlled by such authorities; to provide that such authorities shall determine by resolution the conditions, including hours and days of sales, under which sales of alcoholic beverages shall be permitted.
SB 17. By Senator Egan of the 40th:
A bill to amend Code Section 33-50-2 of the Official Code of Georgia Annotated, relating to licensing requirements of multiple employer self-insured health plans and exceptions to such requirements, so as to except certain plans or arrange ments established by nonprofit educational organizations from the application of Chapter 50 of Title 33; to provide for related matters; to provide an effective date.
SB 76. By Senators Oliver of the 42nd and Farrow of the 54th:
A bill to amend Code Section 15-2-4 of the Official Code of Georgia Annotated, relating to place of sessions and terms of court of the Supreme Court, so as to provide that no judgment in a second-term case, other than a judgment on a motion for reconsideration in such case, shall be rendered during the last 15 days of any term; to provide that disposition of first-term cases may be made during any nonterm periods.
SB 87. By Senator Ray of the 19th:
A bill to amend Code Section 42-8-34 of the Official Code of Georgia Annotated, relating to hearings and determinations under the "Statewide Probation Act," so as to provide for probation fees in certain cases of probation or pretrial release or diversion under the supervision of the Department of Corrections; to provide for the waiver or amendment of probation fees under certain conditions.
The President called for the morning roll call, and the following Senators answered to their names:

Alien Balfour Baugh Blitch Boshears Bowen Broun of 46th BBruorwtonn of 26th
Clay
Coleman
Crotts
Dawkins Day
Dean
Edge Egan Farrow

Garner Gillis Glanton Gochenour Harbison Hemmer Henson HHoilol ks
Huggins
Isakson
Kemp
Langford of 29th Madden
Marable
Middleton Newbill Oliver

Parrish Perdue Pollard Ragan of llth Ragan of 32nd Ralston R R*ob.inson
Scott
blotln
Starr
Taylor Thomas
Thompson
Turner Tysinger Walker

Those not answering were Senators:

Abernathy

Cheeks

Langford of 35th

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

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Senator Balfour of the 9th introduced the chaplain of the day, Reverend Buddy Hoffman, pastor of Grace Fellowship, Stone Mountain, Georgia, who offered scripture reading and prayer.
Senator Middleton of the 50th introduced the doctor of the day, Dr. Kathy Easterling, of Clayton, Georgia.
The following resolutions of the Senate were read and adopted:
SR 22. By Senators Walker of the 22nd and Cheeks of the 23rd: A resolution commending the Georgia Parent-Teacher Association (PTA) and its members for instilling ideas and aspirations in our children and youth.
SR 34. By Senator Glanton of the 34th: A resolution commending David Brian Collins on attaining the rank of Eagle Scout.
SR 124. By Senators Burton of the 5th and Balfour of the 9th: A resolution commending Master Reeve Maddox for the honor bestowed upon him by the National Parent Teacher Association.
SR 130. By Senator Newbill of the 56th: A resolution commending the Haynes Bridge Middle School.
SR 132. By Senator Dean of the 31st: A resolution expressing sympathy at the passing of Kankakee Buck Anderson.
SR 135. By Senator Burton of the 5th: A resolution honoring Mrs. Lillie Mclntyre on the occasion of her 100th birthday.
SENATE CALENDAR Thursday, February 4, 1993. NINTH LEGISLATIVE DAY SB 11 Motorized Wheelchair Warranty Act--enact (Substitute) (YA&HE--14th) SB 30 Military Affairs--agreements in defense matters, all government levels (D&VA--12th) SB 70 State Stationery--contain one or more phone numbers (Amendment) (Gov Op--3rd)
The following general bills of the Senate, favorably reported by the committees, were read the third time and put upon their passage:
SB 11. By Senators Hooks of the 14th, Garner of the 30th, Robinson of the 16th 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 enact the "Motorized Wheelchair Warranty Act"; to define certain terms; to provide for express warranties; to provide for the duration of such warranties; to provide for repair of nonconfor mities; to provide for return and replacement of wheelchairs.

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The Senate Committee on Youth, Aging and Human Ecology offered the following sub stitute to SB 11:
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 enact the "Motorized Wheelchair Warranty Act"; to define certain terms; to provide for express warranties; to provide for the duration of such warranties; to provide for repair of nonconformities; to provide for return and replacement of wheelchairs; to provide for procedures for return of nonconforming wheelchairs; to provide for calculation of refunds owing to consumers and security interest holders; to provide procedures and requirements for transferring real and legal possession of a nonconforming wheelchair from the consumer to the manufacturer; to prohibit resale of returned nonconforming motorized wheelchairs without full disclosure; to provide that this article shall not limit any other rights or remedies available to the con sumer; to provide that any waiver of a consumer's rights under this article is void; to author ize consumer actions for damages, fees, costs, and equitable relief; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, is amended by adding a new Article 31 to read as follows:
"ARTICLE 31
"10-1-850. This article shall be known and may be cited as the 'Motorized Wheelchair Warranty Act.'
10-1-851. As used in this article, the term:
(1) 'Collateral costs' means expenses incurred by a consumer in connection with the repair of a nonconformity, including the costs of obtaining an alternative wheelchair or other device used for mobility assistance.
(2) 'Consumer' means any of the following:
(A) The purchaser of a motorized wheelchair, if the motorized wheelchair was pur chased from a motorized wheelchair dealer or manufacturer for purposes other than resale.
(B) A person to whom the motorized wheelchair is transferred for purposes other than resale, if the transfer occurs before the expiration of an express warranty applicable to the motorized wheelchair.
(C) A person who may enforce the warranty.
(D) A person who leases a motorized wheelchair from a motorized wheelchair lessor under a written lease.
(3) 'Demonstrator' means a motorized wheelchair used primarily for the purpose of demonstration to the public.
(4) 'Early termination cost' means any expense or obligation that a motorized wheelchair lessor incurs as a result of both the termination of a written lease before the termina tion date set forth in that lease and the return of a motorized wheelchair to a manufacturer under paragraph (3) of subsection (b) of Code Section 10-1-853. 'Early termination cost' includes a penalty for prepayment under a finance arrangement.
(5) 'Early termination savings' means any expense or obligation that a motorized wheelchair lessor avoids as a result of both the termination of a written lease before the termina tion date set forth in that lease and the return of a motorized wheelchair to a manufacturer under paragraph (3) of subsection (b) of Code Section 10-1-853. 'Early termination savings' includes an interest charge that the motorized wheelchair lessor would have paid to finance the motorized wheelchair or, if the motorized wheelchair lessor does not finance the motor ized wheelchair, the difference between the total amount for which the lease obligates the

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consumer during the period of the lease term remaining after the early termination and the present value of that amount at the date of the early termination.
(6) 'Manufacturer' means a person who manufactures or assembles motorized wheelchairs and agents of that person, including an importer, a distributor, factory branch, dis tributor branch, and any warrantors of the manufacturer's motorized wheelchairs but does not include a motorized wheelchair dealer.
(7) 'Motorized wheelchair' means any motor-driven wheelchair, including a demonstra tor, that a consumer purchases or accepts transfer of in this state.
(8) 'Motorized wheelchair dealer' means a person who is in the business of selling mo torized wheelchairs.
(9) 'Motorized wheelchair lessor' means a person who leases a motorized wheelchair to a consumer, or who holds the lessor's rights, under a written lease.
(10) 'Nonconformity' means a condition or defect that substantially impairs the use, value, or safety of a motorized wheelchair, and that is covered by an express warranty appli cable to the motorized wheelchair or to a component of the motorized wheelchair, but does not include a condition or defect that is the result of abuse, neglect, or unauthorized modifi cation or alteration of the motorized wheelchair by a consumer.
(11) 'Reasonable attempt to repair' means any of the following occurring within the term of an express warranty applicable to a new motorized wheelchair or within one year after first delivery of the motorized wheelchair to a consumer, whichever is sooner:
(A) The same nonconformity with the warranty is subject to repair at least four times by the manufacturer, motorized wheelchair lessor, or any of the manufacturer's authorized motorized wheelchair dealers and the nonconformity continues.
(B) The motorized wheelchair is out of service for an aggregate of at least 30 days be cause of warranty nonconformities.
10-1-852. A manufacturer who sells a motorized wheelchair to a consumer, either di rectly or through a motorized wheelchair dealer, shall furnish the consumer with an express written warranty for the motorized wheelchair. The duration of the express written war ranty shall be not less than one year after first delivery of the motorized wheelchair to the consumer. If a manufacturer fails to furnish an express written warranty as required by this Code section, the motorized wheelchair shall be covered by an express warranty as if the manufacturer had furnished an express written warranty to the consumer as required by this Code section.
10-1-853. (a) If a new motorized wheelchair does not conform to an applicable express warranty and the consumer reports the nonconformity to the manufacturer, the motorized wheelchair lessor, or any of the manufacturer's authorized motorized wheelchair dealers and makes the motorized wheelchair available for repair before one year after first delivery of the motorized wheelchair to a consumer, the nonconformity shall be repaired at the manu facturer's expense to correct the nonconformity regardless of whether the repairs are made after expiration of the warranty rights period. If in any subsequent proceeding it is deter mined that the consumer's repair did not qualify under this article, and the manufacturer was not otherwise obligated to repair the motorized wheelchair, the consumer shall be liable to the manufacturer for costs of repair.
(b) (1) If, after a reasonable attempt to repair, the nonconformity is not repaired, the manufacturer shall carry out the requirement under paragraph (2) or (3) of this subsection, whichever is appropriate.
(2) At the direction of a consumer as defined in subparagraph (A), (B), or (C) of para graph (2) of Code Section 10-1-851, the manufacturer shall do one of the following:
(A) Accept return of the motorized wheelchair and replace the motorized wheelchair with a comparable new motorized wheelchair and refund any collateral costs.

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(B) Accept return of the motorized wheelchair and refund to the consumer and to any holder of a perfected security interest in the consumer's motorized wheelchair, as their in terest may appear, the full purchase price plus any finance charge, amount paid by the consumer at the point of sale, and collateral costs, less a reasonable allowance for use. Under this subparagraph, a reasonable allowance for use may not exceed the amount obtained by multiplying the full purchase price of the motorized wheelchair by a fraction, the denomina tor of which is 1,825 and the numerator of which is the number of days that the motorized wheelchair was driven before the consumer first reported the nonconformity to the motor ized wheelchair dealer.
(3) (A) At the direction of a consumer as defined in subparagraph (D) of paragraph (2) of Code Section 10-1-851, the manufacturer shall:
(i) Accept return of the motorized wheelchair;
(ii) Refund to the motorized wheelchair lessor and to any holder of a perfected security interest in the motorized wheelchair, as their interest may appear, the current value of the written lease as defined in subparagraph (B) of this paragraph; and
(iii) Refund to the consumer the amount that the consumer paid under the written lease plus any collateral costs, less a reasonable allowance for use as defined in subpara graph (C) of this paragraph.
(B) The current value of the written lease equals the total amount for which that lease obligates the consumer during the period of the lease remaining after its early termination plus the motorized wheelchair dealer's early termination costs and the value of the motor ized wheelchair at the lease expiration date if the lease sets forth that value, less the motor ized wheelchair lessor's early termination savings.
(C) A reasonable allowance for use may not exceed the amount obtained by multiplying the total amount for which the written lease obligates the consumer by a fraction, the de nominator of which is 1,825 and the numerator of which is the number of days that the consumer drove the motorized wheelchair before first reporting the nonconformity to the manufacturer, motorized wheelchair lessor, or motorized wheelchair dealer.
(c) To receive a comparable new motorized wheelchair or a refund due under paragraph (1) or (2) of subsection (b) of this Code section, a consumer, as defined under subparagraph (A), (B), or (C) of paragraph (2) of Code Section 10-1-851, shall offer to transfer possession of the motorized wheelchair having the nonconformity to the manufacturer of that motor ized wheelchair. No later than 30 days after that offer, the manufacturer shall provide the consumer with a comparable new motorized wheelchair or a refund. When the manufacturer provides the new motorized wheelchair or refund, the consumer shall return the motorized wheelchair having the nonconformity to the manufacturer, along with any endorsements necessary to transfer legal possession to the manufacturer.
(d) (1) To receive a refund due under paragraph (3) of subsection (b) of this Code section, a consumer as defined under subparagraph (D) of paragraph (2) of Code Section 101-851, shall offer to return the motorized wheelchair having the nonconformity to the manu facturer of that motorized wheelchair. No later than 30 days after that offer, the manufac turer shall provide the refund to the consumer. When the manufacturer provides the refund, the consumer shall return the motorized wheelchair having the nonconformity to the manufacturer.
(2) To receive a refund due under paragraph (3) of subsection (b) of this Code section, a motorized wheelchair lessor shall offer to transfer possession of the motorized wheelchair having the nonconformity to the manufacturer of that motorized wheelchair. No later than 30 days after that offer, the manufacturer shall provide the refund to the motorized wheelchair lessor. When the manufacturer provides the refund, the motorized wheelchair lessor shall provide any endorsements necessary to transfer legal possession to the manufacturer.
(3) No person may enforce the lease against the consumer after the consumer receives a refund due under paragraph (3) of subsection (b) of this Code section.

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(e) No motorized wheelchair returned by a consumer or motorized wheelchair lessor in this state under subsection (b) of this Code section or by a consumer or motorized wheelchair lessor in another state under a similar law of that state may be sold or leased again in this state unless full disclosure of the reasons for return is made to any prospective buyer or lessee.
10-1-854. (a) This article shall not be deemed to limit rights or remedies available to a consumer under any other law or contract.
(b) Any waiver by a consumer of rights under this article is void.
(c) In addition to pursuing any other remedy, a consumer may bring an action to re cover for any damages caused by a violation of this article. The court shall award a con sumer who prevails in such an action twice the amount of any pecuniary loss together with costs, disbursements, and reasonable attorney fees and any equitable relief that the court determines is appropriate."
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:

Abernathy Alien Balfour Baugh Blitch Boshears Bowen Broun of 46th BBruorwtonn of 26th Cheeks Clay
Coleman Crotts
Dawkins Day Dean Edge

Egan Farrow Garner Gillis Glanton Gochenour Harbison Hemmer HHielnl son Hooks Huggins
Isakson Kemp
Langford of 29th Madden Marable Middleton

Newbill Oliver Perdue Pollard Ragan of llth Ragan of 32nd Ralston R *R*o*b.inson bcott Slotln
^tarr Taylor
Thompson Turner Tysinger Walker

Those not voting were Senators:

Langford of 35th

Parrish

Thomas

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

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

SB 30. By Senators Taylor of the 12th, Henson of the 55th and Brown of the 26th:
A bill to amend Part 4 of Article 2 of Chapter 2 of Title 38 of the Official Code of Georgia Annotated, relating to financial and property management of military

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affairs, so as to authorize comprehensive cooperative agreements regarding ser vices and facilities in defense matters among the federal, state, and local governments.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:
Those voting in the affirmative were Senators:

Abernathy Alien Balfour Baugh Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cheeks Clay Coleman Crotts Dawkins Day Dean Edge

Egan Farrow Garner Gillis Glanton Gochenour Harbison Henson Hill Hooks Huggins Isakson Kemp Langford of 29th Madden Marable Middleton

Those not voting were Senators:

Newbill Oliver Perdue Pollard Ragan of llth Ragan of 32nd Ralston Ray Robinson Scott Slotin Starr Taylor Thomas Thompson Turner Tysinger

Hemmer Langford of 35th

Parrish

Walker

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

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

Senator Oliver of the 42nd introduced two outstanding female athletes, Sarah Gates and Siddeequah Powell of Georgia Girls and Women in Sports Association, who were honored in conjunction with "National Girls and Women in Sports Day" proclaimed by the Governor.

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

SB 70. By Senators Kemp of the 3rd, Hill of the 4th, Perdue of the 18th and others:
A bill to amend Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to state printing and documents, so as to provide that stationery used by state agencies, state departments, and other state entities shall have printed thereon one or more telephone numbers to which responses and inquiries may be directed; to provide for definitions; to provide for applicability.

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The Senate Committee on Governmental Operations offered the following amendment:
Amend SB 70 striking from line 25 of page 1 the following: "of the state agency".
On the adoption of the amendment offered by the Senate Committee on Governmental Operations, the yeas were 34, nays 1, and the amendment was adopted.
Senator Kemp of the 3rd offered the following amendment:
Amend SB 70 by inserting, following line 26 on page 1, the following: "(c) This Code section shall not apply to: (1) Stationery for the use of the office of the Governor; or (2) Stationery for the use of any officer or agency or other entity of the judicial branch of state government." By striking on line 1 of page 2 the following: "(c)",
and inserting the following: "(d)".

On the adoption of the amendment offered by Senator Kemp of the 3rd, the yeas were 40, 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 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:

Abernathy Alien Balfour Baugh Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cheeks Clay Coleman Crotts Dawkins Day Dean Edge

Egan Farrow Garner Gillis Glanton Gochenour Harbison Hemmer Henson Hill Hooks Huggins Isakson Kemp Langford of 29th Madden Marable Middleton

Newbill Oliver Perdue Pollard Ragan of llth Ragan of 32nd Ralston Ray Robinson Scott Slotin Starr Taylor Thomas Thompson Turner Tysinger Walker

Not voting were Senators Langford of 35th and Parrish.

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

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185

The bill, having received the requisite constitutional majority, was passed as amended.
Lieutenant Governor Howard introduced Dr. Ellis Keener, President of the Composite Board of Medical Examiners, who briefly addressed the Senate and presented plaques to Senator Baugh of the 25th and other doctors.
Senator Robinson of the 16th moved that the Senate stand in recess until 5:00 o'clock P.M. today, and at that time stand adjourned until 9:30 o'clock A.M. tomorrow.
At 11:18 o'clock A.M., the President announced the motion prevailed.
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House:
HB 332. By Representative Stancil of the 91st: A bill to amend an Act providing a new charter for the City of Madison, so as to change the provisions relating to the election of the mayor and councilmen; to provide for election districts.
HB 334. By Representative Smith of the 102nd: A bill to amend an Act entitled "An Act to create the Board of Commissioners in the County of Harris," so as to provide for the dates of election of the members of the reconstituted board of commissioners.
HB 338. By Representative Twiggs of the 8th: A bill to reconstitute the Board of Education of Towns County and provide for its powers, duties, rights, obligations, and liabilities and subject it to certain con stitutional and statutory provisions.
HB 364. By Representatives Royal of the 164th and Greene of the 158th: A bill to amend an Act providing for a Board of Commissioners of Mitchell County, so as to change the composition of the commissioner districts.
HB 365. By Representatives Royal of the 164th and Greene of the 158th: 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 393. By Representatives Hammond of the 32nd, Barnes of the 33rd, Cauthorn of the 35th, Atkins of the 29th, Vaughan of the 34th and others: A bill to amend an Act creating a system of public schools for the City of Mari etta, so as to provide for a seventh member of the board of education, which member shall be appointed by the city council and shall serve until December 31, 1993.

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HB 399. By Representatives Smith of the 169th and Mosley of the 171st: A bill to provide a new charter for the City of Blackshear.
HB 406. By Representatives Shipp of the 38th, Vaughan of the 34th, Coker of the 31st, Atkins of the 29th, Barnes of the 33rd and others: A bill to amend an Act reincorporating and providing a new charter for the City of Acworth, so as to change the corporate limits of the city.
HB 411. By Representative Epps of the 131st: A bill to amend an Act creating a new charter for the Town of Moreland, so as to provide for two-year terms of office for the mayor and board of aldermen.
HB 412. By Representatives Polak of the 67th, McClinton of the 68th, Mobley of the 69th, Hegstrom of the 66th, Baker of the 70th and others: A bill to amend an Act creating a new charter for the City of Decatur in DeKalb County, so as to change the composition of election districts from which city commissioners are elected; to reconstitute the Board of Education of the City of Decatur and provide for its powers, duties, rights, obligations, and liabilities and subject it to certain constitutional and statutory provisions.
HB 413. By Representatives Reichert of the 126th, Groover of the 125th, Lucas of the 124th and Randall of the 127th: A bill to amend an Act creating the office of assistant solicitor of the State Court of Bibb County, so as to provide for an additional assistant solicitor.
The following bills of the House were read the first time and referred to committee:
HB 332. By Representative Stancil of the 91st: A bill to amend an Act providing a new charter for the City of Madison, so as to change the provisions relating to the election of the mayor and councilmen; to provide for election districts.
Referred to Committee on Urban and County Affairs.
HB 334. By Representative Smith of the 102nd: A bill to amend an Act entitled "An Act to create the Board of Commissioners in the County of Harris," so as to provide for the dates of election of the members of the reconstituted board of commissioners.
Referred to Committee on Urban and County Affairs.
HB 338. By Representative Twiggs of the 8th: A bill to reconstitute the Board of Education of Towns County and provide for its powers, duties, rights, obligations, and liabilities and subject it to certain con stitutional and statutory provisions.
Referred to Committee on Urban and County Affairs.
HB 364. By Representatives Royal of the 164th and Greene of the 158th: A bill to amend an Act providing for a Board of Commissioners of Mitchell County, so as to change the composition of the commissioner districts.
Referred to Committee on Urban and County Affairs.

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187

HB 365. By Representatives Royal of the 164th and Greene of the 158th:
A bill to amend an Act providing for the election of the members of the Board of Education of Mitchell County, so as to change the composition of the education districts.
Referred to Committee on Urban and County Affairs.
HB 393. By Representatives Hammond of the 32nd, Barnes of the 33rd, Cauthorn of the 35th and others:
A bill to amend an Act creating a system of public schools for the City of Mari etta, so as to provide for a seventh member of the board of education, which member shall be appointed by the city council and shall serve until December 31, 1993. Referred to Committee on Urban and County Affairs.
HB 399. By Representatives Smith of the 169th and Mosley of the 171st:
A bill to provide a new charter for the City of Blackshear.
Referred to Committee on Urban and County Affairs.
HB 406. By Representatives Shipp of the 38th, Vaughan of the 34th, Coker of the 31st and others:
A bill to amend an Act reincorporating and providing a new charter for the City of Acworth, so as to change the corporate limits of the city. Referred to Committee on Urban and County Affairs.
HB 411. By Representative Epps of the 131st:
A bill to amend an Act creating a new charter for the Town of Moreland, so as to provide for two-year terms of office for the mayor and board of aldermen.
Referred to Committee on Urban and County Affairs.
HB 412. By Representatives Polak of the 67th, McClinton of the 68th, Mobley of the 69th and others:
A bill to amend an Act creating a new charter for the City of Decatur in DeKalb County, so as to change the composition of election districts from which city commissioners are elected; to reconstitute the Board of Education of the City of Decatur and provide for its powers, duties, rights, obligations, and liabilities and subject it to certain constitutional and statutory provisions. Referred to Committee on Urban and County Affairs.
HB 413. By Representatives Reichert of the 126th, Groover of the 125th, Lucas of the 124th and Randall of the 127th:
A bill to amend an Act creating the office of assistant solicitor of the State Court of Bibb County, so as to provide for an additional assistant solicitor. Referred to Committee on Urban and County Affairs.

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The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bill of the House:
HB 86. By Representatives Baker of the 70th, Bordeaux of the 151st and Orrock of the 56th: A bill to amend the General Appropriations Act for State Fiscal Year 1994, be ginning July 1, 1993, and ending June 30, 1994.
The following bill of the House was read the first time and referred to committee:
HB 86. By Representatives Baker of the 70th, Bordeaux of the 151st and Orrock of the 56th: A bill to amend the General Appropriations Act for State Fiscal Year 1994, be ginning July 1, 1993, and ending June 30, 1994.
Referred to Committee on Appropriations.
Pursuant to a previously adopted motion, the Senate stood adjourned until 9:30 o'clock A.M. tomorrow.

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189

Senate Chamber, Atlanta, Georgia Friday, February 5, 1993 Tenth Legislative Day

The Senate met pursuant to adjournment at 9:30 o'clock A.M. today and was called to order by the President.
Senator Huggins of the 53rd reported that the Journal of yesterday's proceedings had been read and found correct.
By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bill of the House:
HB 300. By Representatives Godbee of the 145th, White of the 161st and Taylor of the 134th: 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 statutorily imple ment certain changes required by Article VIII, Section V of the Constitution which provides for elected boards of education and appointed school superin tendents; to amend Code Section 21-5-3 of the Official Code of Georgia Anno tated, relating to definitions in Chapter 5 of Title 21, the "Ethics in Government Act," so as to delete certain references to elected school superintendents.
The House has adopted by the requisite constitutional majority the following resolution of the Senate:
SR 125. By Senators Coleman of the 1st and Alien of the 2nd: A resolution commending Walter Mitchell, Jr.
The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:
SB 156. By Senator Pollard of the 24th: A bill to amend Article 2 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to clerks of superior courts, so as to provide for priorities of the distribution of fines, forfeitures, surcharges, additional fees, and costs in criminal matters; to provide an effective date.
Referred to Committee on Judiciary.
SB 157. By Senator Alien of the 2nd: 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 regulate certain advertising and business practices of credit services organizations; to provide a short title; to provide for legislative findings and purposes; to provide definitions; to provide

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for certain restrictions on credit services organizations; to provide for an informa tion statement and its contents; to provide penalties. Referred to Committee on Science, Technology and Industry.
SB 158. By Senators Middleton of the 50th, Balfour of the 9th, Glanton of the 34th and others:
A bill to amend Code Section 48-5-295 of the Official Code of Georgia Annotated, relating to the terms of office of members of county boards of tax assessors and the filling of vacancies on such boards, so as to change the term of office of mem bers of county boards of tax assessors. Referred to Committee on Finance and Public Utilities.
SB 159. By Senators Marable of the 52nd, Perdue of the 18th, Ray of the 19th and others:
A bill to amend Part 1 of Article 2 of Chapter 10 of Title 45 of the Official Code of Georgia Annotated, relating to general provisions applicable to conflicts of in terest, so as to change the provisions relating to the prohibition against full-time state employees transacting business with the state agency with which they are employed; to provide an effective date. Referred to Committee on Governmental Operations.
SB 160. By Senators Clay of the 37th and Dawkins of the 45th:
A bill to amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, known as the "Georgia Election Code," so as to authorize electors to vote in more than one political party primary held on the same date by two or more parties, but to vote for not more than one candidate for each office; to change the provi sions relating to entitlement of qualified electors on certified registration list to vote in an election. Referred to Committee on Governmental Operations.
SB 161. By Senators Gochenour of the 27th, Balfour of the 9th, Burton of the 5th and others:
A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to create a new Chapter 20A entitled the "Individual Medical Account Act"; to provide for legislative purpose; to provide for definitions; to provide for individual medical accounts; to provide the procedures for individual medical accounts; to provide for the amounts that may be deposited in individual medical accounts; to provide for withdrawals. Referred to Committee on Insurance and Labor.
SB 162. By Senators Taylor of the 12th, Henson of the 55th and Brown of the 26th:
A bill to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to repeal provisions relating to the Fiscal Division of the Department of Administrative Services; to create the Office of Treasury and Fis cal Services and a director of said office; to provide for said office and director to serve as successors to the Fiscal Division of the Department of Administrative Services and its director. Referred to Committee on Finance and Public Utilities.
SB 163. By Senator Ragan of the 32nd:
A bill to amend Code Section 40-5-67.1 of the Official Code of Georgia Anno tated, relating to the administration of chemical test upon belief of a law enforce ment officer that a person has been driving or was in actual physical control of a

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moving vehicle while under the influence of alcohol or drugs, so as to change the provisions relating to the information which the arresting officer is required to provide to the person requested to submit to a chemical test or tests. Referred to Committee on Special Judiciary.
SB 164. By Senator Ragan of the 32nd:
A bill to amend Article 1 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to general provisions applicable to public assistance, so as to provide that illegal aliens shall not be entitled to public assistance; to provide exceptions; to provide for the referral of illegal aliens to the United States Immi gration and Naturalization Service or to the nearest appropriate consulate; to provide for intent. Referred to Committee on Health and Human Services.
SB 165. By Senators Gochenour of the 27th, Edge of the 28th and Glanton of the 34th:
A bill to amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions affecting torts, so as to provide certain tort immu nity for dental students; to except acts of willful or wanton misconduct; to pro vide that the liability of a medical facility, academic institution, or dentist is not affected. Referred to Committee on Special Judiciary.
SB 166. By Senators Thompson of the 33rd, Garner of the 30th and Hooks of the 14th:
A bill to amend Article 1 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions relative to ad valorem taxation of prop erty, so as to provide that for purposes of ad valorem taxation, the General As sembly may provide by local law for different rates, methods, or assessment dates for certain real and personal property located in certain enterprise zones desig nated by counties and municipal corporations. Referred to Committee on Urban and County Affairs (General).
SR 134. By Senators Glanton of the 34th, Gochenour of the 27th, Balfour of the 9th and others:
A resolution proposing an amendment to the Constitution so as provide that the question of the continued existence of any lottery or lotteries run by or on behalf of the state shall be submitted to the voters in 1996 and biennially thereafter; to provide for the submission of this amendment for ratification or rejection. Referred to Committee on Economic Development, Tourism and Cultural Affairs.
SR 136. By Senator Ragan of the 32nd:
A resolution creating the Senate Childhood Lead Poisoning Study Committee. Referred to Committee on Rules.
The following bill of the House was read the first time and referred to committee:
HB 300. By Representatives Godbee of the 145th, White of the 161st and Taylor of the 134th:
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 statutorily imple ment certain changes required by Article VIII, Section V of the Constitution

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which provides for elected boards of education and appointed school superin tendents; to amend Code Section 21-5-3 of the Official Code of Georgia Anno tated, relating to definitions in Chapter 5 of Title 21, the "Ethics in Government Act," so as to delete certain references to elected school superintendents.
Referred to Committee on Education.

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

Mr. President:

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

SB 72. Do pass. SB 73. Do pass.

SB 74. Do pass. SB 88. Do pass by substitute.

Respectfully submitted,

Senator Scott of the 36th District, Chairman

Mr. President:

The Committee on Insurance and Labor has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the follow ing recommendation:
SB 103. Do pass.
Respectfully submitted,
Senator Pollard of the 24th District, Chairman

Mr. President:

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

SB 27. Do pass. SB 28. Do pass.

SB 32. Do pass as amended. SB 33. Do pass as amended.

Respectfully submitted,

Senator Oliver of the 42nd District, Chairman

Mr. President:

The Committee on Public Safety has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SB 52. Do pass as amended.
Respectfully submitted,
Senator Bowen of the 13th District, Chairman

Mr. President:

The Committee on Science, Technology and Industry has had under consideration the

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following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SB 24. Do pass as amended. Respectfully submitted, Senator Tysinger of the 41st District, Chairman
Mr. President:
The Committee on Special Judiciary has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SB 63. Do pass by substitute. Respectfully submitted, Senator Egan of the 40th 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 289. Do pass. HB 334. Do pass.
Respectfully submitted, Senator Thompson of the 33rd District, Chairman
Mr. President:
The Committee on Urban and County Affairs has had under consideration the following bills of the Senate and has instructed me to report the same back to the Senate with the following recommendations:
SB 102. Do pass. SB 125. Do pass. SB 126. Do pass.
Respectfully submitted, Senator Thompson of the 33rd District, Chairman
The following bills and resolutions of the Senate and House were read the second time:
SB 25. By Senators Thomas of the 10th and Walker of the 22nd: A bill to amend Article 2 of Chapter 26 of Title 43 of the Official Code of Georgia Annotated, relating to licensed practical nurses, so as to change a definition; to change the provisions relating to application for licensure and the qualifications related thereto; to change the provisions relating to issuance of licenses and re quirements relating to examinations; to change the provisions relating to licenses by endorsement; to provide for temporary permits.
SB 38. By Senators Cheeks of the 23rd and Taylor of the 12th: A bill to amend Code Section 32-6-26 of the Official Code of Georgia Annotated, relating to the weight of a vehicle and load, so as to change the allowable meth ods for complying with the weight requirements.

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SB 53. By Senator Alien of the 2nd:
A bill to amend Article 1 of Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to the State Merit System of Personnel Administration, so as to change the provisions relating to the accumulation and utilization of sick leave; to repeal certain provisions relating to disapproval of sick leave and proce dures for contesting disapproval.
SB 61. By Senators Dawkins of the 45th, Hooks of the 14th, Edge of the 28th and Ray of the 19th:
A bill to amend Code Section 43-9-16 of the Official Code of Georgia Annotated, relating to the scope of practice of chiropractors, so as to provide that chiroprac tors may utilize and recommend hot and cold packs and structural supports.
SB 85. By Senator Pollard of the 24th:
A bill to amend Part 13 of Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to registration of liens for federal taxes, so as to provide that the clerk of superior court shall file, index, and record notices of federal tax liens, refilings of federal tax liens, notices or revocations of certificates relating to liens on real property for taxes payable to the United States, or certif icates of discharge of federal tax liens.
SB 89. By Senator Alien of the 2nd:
A bill to amend Chapter 1 of Title 45 of the Official Code of Georgia Annotated, relating to general provisions regarding public officers and employees, so as to authorize certain public employees to file complaints regarding the possible exis tence of any activity constituting fraud, waste, or abuse in or relating to any state operations or program.
SB 90. By Senators Coleman of the 1st and Thompson of the 33rd:
A bill to amend Code Section 32-9-4 of the Official Code of Georgia Annotated, relating to designation of travel lanes and use of such lanes, so as to provide for penalties for violations of use by drivers of vehicles not authorized to operate certain designated travel lanes; to amend Article 3 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to driving on the right side of the roadway, so as to provide for designation and use of travel lanes.
SB 91. By Senators Coleman of the 1st and Thompson of the 33rd:
A bill to amend Title 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries, so as to provide that Department of Transporta tion enforcement officers may enforce all state laws and arrest any person on property owned or controlled by the State Tollway Authority; to provide for the collection of an administrative fee when recovering the nonpayment of a toll; to provide for fines for failure to pay tolls.
SB 93. By Senators Coleman of the 1st and Thompson of the 33rd:
A bill to amend Code Section 32-9-5 of the Official Code of Georgia Annotated, relating to the Department of Transportation's authority to support ride-sharing programs, so as to enable the department to provide financial support for ridesharing programs; to provide an effective date.
SR 6. By Senators Garner of the 30th, Robinson of the 16th, Thompson of the 33rd and others:
A resolution proposing an amendment to the Constitution so as to provide that no law providing for or increasing any tax, fee, or assessment for state purposes

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shall become effective unless such law is approved by two-thirds of the members elected to each branch of the General Assembly in a roll-call vote; to provide for the submission of this amendment for ratification or rejection.
SR 37. By Senators Clay of the 37th, Gochenour of the 27th, Edge of the 28th and others:
A resolution creating the Joint Committee on State and Local Bonded Indebtedness.
SR 68. By Senator Dean of the 31st: A resolution designating the Judge W. A. Foster Jr., Bridge.
SR 69. By Senator Dean of the 31st:
A resolution designating the Syble W. Brannan Parkway.
SR 115. By Senator Cheeks of the 23rd: A resolution authorizing the granting of a nonexclusive easement for operation and maintenance of a telecommunications switching cabinet in, on, over, under, upon, across, or through property owned by the State of Georgia in Richmond County, Georgia; to provide an effective date.
SR 118. By Senator Starr of the 44th: A resolution authorizing the granting of nonexclusive easements for operation and maintenance of ingress and egress and utility facilities in, on, over, under, upon, across, or through property owned by the State of Georgia in Calhoun, Clinch, Fulton, and Hall Counties, Georgia; to provide an effective date.
SR 119. By Senator Starr of the 44th: A resolution authorizing the termination of that certain "Amendment to Leases" (Consolidated Lease) entered into on April 25, 1974, by and between the State of Georgia (State) acting through the Governor and the Secretary of State and by virtue of and pursuant to Resolution Act No. 119 enacted by the 1974 Regular Session of the Georgia General Assembly and approved by the Governor of the State of Georgia on March 28, 1974; to provide an effective date.
SR 121. By Senators Coleman of the 1st and Alien of the 2nd: A resolution granting a nonexclusive easement for planning, construction, instal lation, operation, maintenance, repair, and renourishment of a certain beach area in, on, over, under, upon, across, or through property owned or claimed by the State of Georgia in Chatham County, Georgia; to provide for related matters; to provide an effective date.
SR 122. By Senator Walker of the 22nd: A resolution authorizing the granting of a nonexclusive easement for operation and maintenance of overhead electrical transmission lines and towers in, on, over, under, upon, across, or through property owned by the State of Georgia in Burke County, Georgia; to provide an effective date.
HB 121. By Representatives Murphy of the 18th, Coleman of the 142nd, Walker of the 141st and others: A bill to amend an Act providing appropriations for the State Fiscal Year 19921993 known as the "General Appropriations Act", so as to change certain appro priations for the State Fiscal Year 1992-1993.

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The President called for the morning roll call, and the following Senators answered to their names:

Balfour Baugh Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cheeks Clay Coleman Crotts Dawkins Day Dean Edge

Egan Farrow Garner Gillis Glanton Gochenour Harbison Hemmer Henson Hill Huggins Isakson Langford of 35th Langford of 29th Madden Marable

Middleton Newbill Parrish Perdue Pollard Ralston Ray Robinson Slotin Starr Taylor Thomas Thompson Turner Tysinger Walker

Those not answering were Senators:

Abernathy Alien Hooks

Kemp Oliver Ragan of llth

Ragan of 32nd Scott

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

Senator Hill of the 4th introduced the chaplain of the day, Reverend James Patrick Davidson, pastor of the Reidsville Baptist Church, Reidsville, Georgia, who offered scripture reading and prayer.

The following resolutions of the Senate were read and adopted:

SR 133. By Senators Boshears of the 6th and Kemp of the 3rd:
A resolution commending Altamaha Technical Institute, Dr. C. Paul Scott, the Wayne Literary Coalition, Ms. Violet Bennett, and Bresnan Communications.

SR 137. By Senators Marable of the 52nd, Robinson of the 16th, Edge of the 28th and others:
A resolution recognizing the contributions of senior Georgians and declaring the week of February 8 through February 12, 1993 as "Senior Georgians Week at the State Capitol".

SR 138. By Senator Broun of the 46th: A resolution commending Teresa Lord.

SR 139. By Senators Turner of the 8th and Ragan of the llth:
A resolution commending Coach Nick Hyder and the Valdosta High School Wildcats football team.

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197

The following local, uncontested bills of the Senate and House, favorably reported by the committee as listed on the Senate Local Consent Calendar, were put upon their passage:

SENATE LOCAL CONSENT CALENDAR
Friday, February 5, 1993
TENTH LEGISLATIVE DAY
(The names listed with each bill are the Senators whose districts are affected by the legislation.)
SB 111 Gillis, 20th TREUTLEN COUNTY Amends an Act providing for the election of the members of the Treutlen County Board of Education, provides for the compensation of the board members.
HB 289 Ragan, llth CITY OF BACONTON Amends an Act reincorporating and providing a new charter for the City of Baconton, changes the provisions for election time; taking of office and terms of office of the mayor and councilmembers.
HB 334 Robinson, 16th Langford, 29th HARRIS COUNTY Amends an Act to create the Board of Commissioners of Harris County; pro vides for the dates of election of members of the reconstituted Board of Com missioners.

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:

Balfour Baugh Blitch
Bowen Broun of 46th Brown of 26th Burton

Garner Glanton Gochenour
Harbison Hemmer Henson TT-H

Coeman Crotts Dawkins Day Dean Edge Egan Farrow

Huggins jfkson Kemp Langford of 35th Langford of 29th Madden Marable Middleton Newbill

Oliver Perdue Pollard Ragan of llth Ragan of 32nd Ralston
Robinson Scott Slotm Starr Taylor Thomas Thompson Turner Tysinger

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Those not voting were Senators:

Abernathy Alien Boshears

Gillis Hooks

Parrish Walker

On the passage of all the local bills, the yeas were 49, nays 0.

SB 111, having been passed on February 3, reconsidered and placed on today's Senate Local Consent Calendar, and having received the requisite constitutional majority, was passed.

HB 289 and HB 334, having received the requisite constitutional majority, were passed.

SENATE CALENDAR Friday, February 5, 1993 TENTH LEGISLATIVE DAY SB 12 Firearms Dealers--certain requirements prior to sale, delivery (Judy--36th) SB 14 Alcoholic Beverage Sale--authorize at certain coliseum authorities (C Aff--26th) SB 17 Multiple Employer Self-Insurance Licensing--certain exceptions (I&L--40th) SB 76 Supreme Court--judgment in second-term cases (Judy--42nd) SB 87 Certain Probation Cases, Pretrial Release under Corrections Department--fees (Corr--19th)

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

SB 12. By Senators Scott of the 36th, Dawkins of the 45th, Broun of the 46th 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 provide that licensed firearms dealers comply with certain requirements prior to the sale or delivery of a firearm; to amend Article 2 of Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia Crime Information Center; to amend Code Section 15-9-60 of the Official Code of Georgia Annotated, relating to costs in probate courts.

Senators Thompson of the 33rd and Hemmer of the 49th offered the following amendment:

Amend SB 12 by adding on line 26 of page 2 after the word and symbol "date;" and before the word "to" the following:
"to provide for automatic repeal;".
By adding between lines 6 and 7 of page 14 a new Section 6.1 to read as follows:
"Section 6.1. This Act shall stand repealed in its entirety on July 1, 1997."

On the adoption of the amendment, the yeas were 35, nays 6, and the amendment of fered by Senators Thompson of the 33rd and Hemmer of the 49th to SB 12 was adopted.

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199

Senators Garner of the 30th, Robinson of the 16th, Edge of the 28th, Perdue of the 18th and Dean of the 31st offered the following substitute to SB 12:
A BILL
To be entitled an Act to amend Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia, relating to dangerous instrumentalities and practices, so as to provide for legisla tive intent; to prohibit the regulation of the possession, ownership, transport, carrying, transfer, sale, purchase, licensing, or registration of firearms, ammunition, or components of firearms or ammunition by counties or municipalities; to authorize the regulation of posses sion, carrying, or transport of firearms by employees of counties or municipalities by such counties or municipalities; to provide that dealers, importers, or manufacturers of firearms comply with certain requirements prior to the sale or delivery of a firearm; to require certain information from a potential purchaser of a firearm; to provide for criminal history record checks; to provide for approval numbers to be issued by the Department of Public Safety; to provide for the establishment of a toll-free telephone number by the department for provid ing information to dealers, importers, or manufacturers of firearms; to provide for the confi dentiality of certain records; to authorize a potential purchaser of a firearm to appeal to the superior court if denied approval; to provide for procedures and other matters relative to such appeal; to provide for rules and regulations; to prohibit certain acts and provide penal ties; to provide civil immunity; to provide for applicability; to provide for annual reports of the Department of Public Safety; 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 4 of Chapter 11 of Title 16 of the Official Code of Georgia, relating to dangerous instrumentalities and practices, is amended by adding a new Part 5 to read as follows:
"Part 5
16-11-170. As used in this part, the term 'department' means the Georgia Department of Public Safety.
16-11-171. (a) It is declared by the General Assembly that the regulation of firearms is properly an issue of general, state-wide concern.
(b) No county or municipal corporation, by ordinance, resolution, or other enactment, shall regulate in any manner the possession, ownership, transport, carrying, transfer, sale, purchase, licensing, or registration of firearms of any type, ammunition, or components of firearms or ammunition.
(c) A county or municipal corporation may regulate the transport, carrying, or posses sion of pistols and other firearms by employees of the local unit of government in the course of their employment with that local unit of government.
(d) Nothing contained in this Code section shall prohibit municipalities or counties, by ordinance, resolution, or other enactment, from reasonably limiting or prohibiting the dis charge of firearms within the boundaries of the municipal corporation or county.
16-11-172. No importer, manufacturer, or dealer licensed pursuant to 18 U.S.C. 923 shall sell or deliver from the business inventory at his or her licensed premises any firearm as defined in Code Section 16-11-131 to another person, other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector, until he or she has:
(1) Obtained a completed consent form from the potential buyer or transferee, which form shall have been promulgated by the department and provided by the licensed im porter, manufacturer, or dealer, which shall include only the name, birth date, gender, race, and social security number or other identification number of such potential buyer or transferee;

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(2) Inspected identification containing a photograph of the potential buyer or transferee;
(3) Requested, by means of a toll-free telephone call, that the department conduct a criminal history record check; and
(4) Received a unique approval number for that inquiry from the department and re corded the date and such number on the consent form.
16-11-173. Upon receipt of a request for a criminal history record check, the depart ment shall immediately, during the licensee's call or by return call:
(1) Review its criminal history records to determine if the potential buyer or transferee is prohibited from receipt or possession of a firearm pursuant to state or federal law; and
(2) Inform the licensee making the inquiry that its records demonstrate that the poten tial buyer or transferee is so prohibited or provide the licensee with a unique approval number.
16-11-174. In the event of electronic failure or similar emergency beyond the control of the department, the department shall immediately notify the requesting licensee of the rea son for, and estimated length of, such delay. After such notification, the department shall forthwith, and in no event later than the end of the next business day of the licensee, either inform the licensee that its records demonstrate that the potential buyer or transferee is prohibited from receipt or possession of a firearm pursuant to state or federal law or provide the licensee with a unique approval number. Unless notified by the end of said next busi ness day that the potential buyer or transferee is so prohibited, and without regard to whether he or she has received a unique approval number, the licensee may complete the sale or delivery and shall not be deemed in violation of this part with respect to such sale or delivery.
16-11-175. (a) Any records created by the department to conduct the criminal history record check containing any of the information set forth in paragraph (1) of Code Section 16-11-172 pertaining to a potential buyer or transferee who is not found to be prohibited from receipt or transfer of a firearm by reason of state or federal law shall be confidential and may not be disclosed by the department or any officer or employee thereof to any per son or to any other agency. The department shall destroy any such records forthwith after it communicates the corresponding approval number to the licensee and, in any event, such records shall be destroyed within 48 hours after the day of the receipt of the licensee's request.
(b) Notwithstanding the provisions of this subsection, the department may maintain only a log of dates of requests for criminal history records checks and unique approval num bers corresponding to such dates for a period of not longer than one year.
(c) Nothing in this Code section shall be construed to allow this state to maintain records containing the names of licensees who receive unique approval numbers or to main tain records of firearm transactions, including the names or other identification of licensees and potential buyers or transferees and persons not otherwise prohibited by law from the receipt or possession of firearms.
16-11-176. The department shall establish a toll-free telephone number which shall be operational seven days a week between the hours of 8:00 A.M. and 10:00 P.M. for purposes of responding to inquiries as described in this part from licensed importers, manufacturers, and dealers. The department shall employ and train such personnel as are necessary to administer expeditiously the provisions of this Code section.
16-11-177. Any person who is denied the right to receive or purchase a firearm as a result of the procedures established by this part may request amendment of the record per taining to him or her by petitioning the department. If the department fails to amend the record within seven days, the person requesting the amendment may petition the superior court of the county of residence for an order directing the department to amend the record. The court shall award the petitioner an attorney's fee if it determines that the record should

FRIDAY, FEBRUARY 5, 1993

201

have been amended by the Department. If the record as corrected demonstrates that such person is not prohibited from receipt or possession of a firearm by state or federal law, the department shall destroy any records it maintains which contain any information derived from the criminal history record check set forth in paragraph (1) of Code Section 16-11-172.
16-11-178. The department shall promulgate regulations to ensure the identity, confi dentiality, and security of all records and data provided pursuant to this part.
16-11-179. A licensed importer, manufacturer, or dealer is not required to comply with the provisions of this part in the event of:
(1) Unavailability of telephone service at the licensed premises due to:
(A) The failure of the entity which provides telephone service in the state, region, or other geographical area in which the licensee is located to provide telephone service to the premises of the licensee due to the location of said premises; or
(B) The interruption of telephone service by reason of hurricane, tornado, flood, natural disaster, or other act of God, or war, invasion, insurrection, riot, or other bona fide emer gency, or other reason beyond the control of the licensee; or
(2) Failure of the department to comply reasonably with the requirements of Code Sec tions 16-11-173 and 16-11-174.
16-11-180. Compliance with the provisions of this part shall be a complete defense to any claim or cause of action under the laws of this state for liability for damages arising from the importation or manufacture, or the subsequent sale or transfer of any firearm which has been shipped or transported in interstate or foreign commerce to any person who has been convicted in any court of a crime punishable by imprisonment for a term exceeding one year.
16-11-181. The provisions of this part shall not apply to:
(1) Any firearm, including any firearm with a matchlock, flintlock, percussion cap, or similar type of ignition system, manufactured in or before 1898;
(2) Any replica of any firearm described in paragraph (1) of this Code section if such replica is not designed or redesigned to use rimfire or conventional center-fire fixed ammu nition or uses rimfire or conventional center-fire fixed ammunition which is no longer manu factured in the United States and which is not readily available in the ordinary channels of commercial trade;
(3) Any firearm which is a curio or relic as defined by 27 C.F.R. 178.11;
(4) Transactions at a gun show; and
(5) Potential buyers or transferees who hold a valid permit or license to carry a pistol or revolver pursuant to Code Section 16-11-129 and who exhibit such permit or license to a licensed importer, manufacturer, or dealer.
16-11-182. (a) Any licensed importer, manufacturer, or dealer who willfully and inten tionally requests a criminal history record check from the department for any purpose other than compliance with Code Section 16-11-172 or willfully and intentionally disseminates any criminal history record information to any person other than the subject of such informa tion shall be guilty of a misdemeanor.
(b) Any person who, in connection with the purchase, transfer, or attempted purchase or transfer of a firearm pursuant to Code Section 16-11-172, willfully and intentionally makes any materially false oral or written statement or willfully and intentionally furnishes or exhibits any false identification intended or likely to deceive the licensee shall be guilty of a misdemeanor.
(c) Any licensed importer, manufacturer, or dealer who willfully and intentionally sells or delivers a firearm in violation of this part shall be guilty of a misdemeanor.

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(d) Any potential buyer or transferee who purchases a firearm for the purpose of trans ferring it to a person who is prohibited from possession of a firearm by state or federal law shall be guilty of a felony.
16-11-183. The department shall provide the standing Judiciary Committees of the Sen ate and House of Representatives an annual report including the number of inquiries made pursuant to this part for the prior calendar year. Such report shall include, but not be lim ited to, the number of inquiries received from licensees, the number of inquiries resulting in a determination that the potential buyer or transferee was prohibited from receipt or pos session of a firearm pursuant to state or federal law, the estimated costs of administering this part, the number of instances in which a person requests amendment of the record pertaining to such person pursuant to Code Section 16-11-177, and the number of instances in which the superior court issued an order directing the department to amend a record pursuant to Code Section 16-11-177."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
Senators Garner of the 30th and Robinson of the 16th offered the following amendment:
Amend the substitute to SB 12 offered by Senator Garner of the 30th and others by striking the word "and" on line 16 on page 3.
By striking the period at the end of line 19 on page 3 and inserting in lieu thereof the symbol and word "; and".
By adding between lines 19 and 20 on page 3 the following: "(5) Obtained a $5.00 fee from the potential buyer or transferee for the conduct of the criminal history record check."
On the adoption of the amendment offered by Senators Garner of the 30th and Robin son of the 16th, the yeas were 37, nays 13, and the amendment to the substitute to SB 12 offered by Senator Garner of the 30th and others was adopted.
Senator Edge of the 28th offered the following amendment:
Amend the substitute to SB 12 offered by Senators Garner of the 30th and others by adding on line 24 of page 3 following the word "records" the following:
"and involuntary hospitalization records".
On the adoption of the amendment, the yeas were 41, nays 7, and the amendment of fered by Senator Edge of the 28th to the substitute to SB 12 offered by Senator Garner of the 30th and others was adopted.
Senator Clay of the 37th offered the following amendment:
Amend the substitute to SB 12 offered by Senator Garner of the 30th and others by adding at line 28, page 2, the following:
"(e) Nothing in this bill would preempt any ordinance of any municipality or county pertaining to the purchase or possession of any firearm enacted prior to such date or time that this bill goes into effect as law."
On the adoption of the amendment offered by Senator Clay of the 37th, the President

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203

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

Those voting in the affirmative were Senators:

Blitch Boshears BClraoywn of 26th

Day Egan HHielml mer

Coleman Dawkins

Isakson Kemp

Oliver Parrish K,, *88" of,, 3002nd,
Taylor Thompson

Those voting in the negative were Senators:

Abernathy Alien Balfour Baugh Bowen Broun of 46th Burton Cheeks Crotts Dean Edge Farrow Garner

Gillis Glanton Gochenour Harbison Henson Hooks Huggins Langford of 35th Langford of 29th Madden Marable Middleton Newbill

Perdue Pollard Ragan of llth Ralston Ray Robinson Scott Slotin Starr Thomas Turner Tysinger Walker

On the adoption of the amendment, the yeas were 17, nays 39, and the amendment offered by Senator Clay of the 37th to the substitute to SB 12 offered by Senator Garner of the 30th and others was lost.

Senator Thompson of the 33rd offered the following amendment:

Amend the substitute to SB 12 offered by Senator Garner of the 30th and others by renumbering Section 2 as Section 3;

By adding a new Section 2 on page 8 after line 29 to read as follows: "Section 2. This Act shall stand repealed in its entirety on July 1, 1997." And by adding on page 1, line 28, after the word "foregoing;" the following: "To provide for automatic repeal;".

Senator Thompson of the 33rd asked unanimous consent to withdraw his amendment to the substitute to SB 12 offered by Senator Garner of the 30th and others. The consent was granted and the amendment was withdrawn.

On the adoption of the substitute to SB 12 offered by Senator Garner of the 30th and others, the president ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Balfour Bowen Burton Clay Crotts Day Dean Edge Farrow

Garner Gillis Glanton Gochenour Hooks Huggins Langford of 29th Madden Marable

Middleton Newbill Perdue Ragan of 32nd Ralston Robinson Starr Thompson Tysinger

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Those voting in the negative were Senators:

Abernathy Alien Baugh Blitch Boshears Broun of 46th Brown of 26th Cheeks Coleman Dawkins

Egan Harbison Hemmer Henson Hill Isakson Kemp Langford of 35th Oliver Parrish

Pollard Ragan of llth Ray Scott Slotin Taylor Thomas Turner Walker

On the adoption of the substitute, the yeas were 27, nays 29, and the substitute to SB 12 offered by Senator Garner of the 30th and others was lost.

Senator Newbill of the 56th moved that the Senate reconsider its action in defeating the substitute to SB 12 offered by Senator Garner of the 30th and others.

Senator Newbill of the 56th asked unanimous consent that her motion be withdrawn. The consent was granted, and the motion offered by Senator Newbill of the 56th was withdrawn.

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:

Abernathy Alien Blitch Boshears Broun of 46th Brown of 26th Clay Coleman Dawkins Day Dean Edge

Egan Farrow Garner Harbison Hemmer Henson Isakson Langford of 35th Langford of 29th Madden Middleton Oliver

Parrish Ragan of llth Ragan of 32nd Ralston Robinson Scott Slotin Thomas Thompson Turner Tysinger Walker

Those voting in the negative were Senators:

Balfour Baugh Bowen Burton Cheeks Crotts Gillis

Glanton Gochenour Hill Huggins Kemp Marable

Newbill Perdue Pollard Ray Starr Taylor

Not voting was Senator Hooks.

On the passage of the bill, the yeas were 36, nays 19.

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

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205

Senator Hooks of the 14th requested that the Journal for today show the following statement:
"On the roll call vote of Sen. Bill 12, my voting machine malfunctioned. My vote how ever should be recorded as 'No'."

SB 14. By Senator Brown of the 26th:
A hill to amend Code Section 3-8-3 of the Official Code of Georgia Annotated, relating to the sale of malt beverages at coliseums, so as to authorize certain coliseum authorities to sell alcoholic beverages for consumption on the premises only upon property owned or controlled by such authorities; to provide that such authorities shall determine by resolution the conditions, including hours and days of sales, under which sales of alcoholic beverages shall be permitted.

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

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

Those voting in the affirmative were Senators:

Abernathy Alien Balfour Blitch Boshears Bowen Broun of 46th Brown of 26th Cheeks Clay Coleman Crotts Dawkins Dean

Egan Farrow Garner Gillis Harbison Hemmer Henson Hooks Kemp Langford of 35th Langford of 29th Marable Middleton Newbill

Oliver Parrish Ragan of llth Ragan of 32nd Ray Robinson Slotin Starr Taylor Thomas Thompson Turner Tysinger Walker

Those voting in the negative were Senators:

Baugh Burton Day Glanton

Gochenour Huggins Madden

Perdue Pollard Ralston

Those not voting were Senators:

Edge

Isakson

Hill

Scott

On the passage of the bill, the yeas were 42, nays 10.

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

SB 17. By Senator Egan of the 40th:
A bill to amend Code Section 33-50-2 of the Official Code of Georgia Annotated, relating to licensing requirements of multiple employer self-insured health plans and exceptions to such requirements, so as to except certain plans or arrange ments established by nonprofit educational organizations from the application of

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Chapter 50 of Title 33; to provide for related matters; to provide an effective date.

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

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

Those voting in the affirmative were Senators:

Abernathy Alien Balfour
Baugh Blitch Boshears
nowen , .c-
Broun of 46th BDBruorwt. onn of 26th CQhlaeyeks Crotts Day Dean Egan Farrow Gillis

Glanton Gochenour Harbison
Hemmer Henson Hill
Hooks
R ing TI-s.ak, son KLaenmgpford of 35th Langford of 29th Madden Marable Middleton Newbill Oliver

Parrish Perdue Pollard
Ragan of llth Ragan of 32nd Ralston
Rav
Robinson cS,..co..t..t SSltoatrlrn Taylor Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Coleman Dawkins

Edge

Garner

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

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

SB 76. By Senators Oliver of the 42nd and Farrow of the 54th:
A bill to amend Code Section 15-2-4 of the Official Code of Georgia Annotated, relating to place of sessions and terms of court of the Supreme Court, so as to provide that no judgment in a second-term case, other than a judgment on a motion for reconsideration in such case, shall be rendered during the last 15 days of any term; to provide that disposition of first-term cases may be made during any nonterm periods.

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

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

Those voting in the affirmative were Senators:

Abernathy Alien Balfour Baugh

Blitch Boshears Bowen Broun of 46th

Brown of 26th Burton Cheeks Clay

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207

Coleman Crotts Dawkins Day Dean Farrow Garner GGillalniston
Gochenour
Harbison
Hemmer
Henson Hill

Hooks Huggins Isakson Kemp Langford of 35th ^"ll Madden MMaidradbleleton
Newbill
Oliver
Parrish
Perdue Pollard

Ragan of llth Ragan of 32nd Ralston Ray Robinson Slotin _ latavrl,ror
Thomas
Thompson
Turner
Tysinger Walker

Those not voting were Senators:

Edge

Egan

Scott

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

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

SB 87. By Senator Ray of the 19th:
A bill to amend Code Section 42-8-34 of the Official Code of Georgia Annotated, relating to hearings and determinations under the "Statewide Probation Act," so as to provide for probation fees in certain cases of probation or pretrial release or diversion under the supervision of the Department of Corrections; to provide for the waiver or amendment of probation fees under certain conditions.

Senator Pollard of the 24th offered the following amendment:

Amend SB 87 by adding on line 24 of page 1, after the word "department," the following:
"in addition to any fine or order of restitution imposed by the Court,".

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 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:

Abernathy Alien Balfour Baugh Blitch Boshears Bowen Broun of 46th Brown of 26th Burton

Cheeks Clay Coleman Crotts Dawkins Day Dean Egan Farrow Garner

Gillis Gochenour Harbison Hemmer Henson Hill Hooks Huggins Isakson Kemp

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Langford of 35th Langford of 29th Madden Marable Middleton Newbill Oliver Parrish

Perdue Pollard Ragan of 32nd Ralston Ray Robinson Scott Slotin

Starr Taylor Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Edge

Glanton

Ragan of llth

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. Alien Woods, of Valdosta, Georgia.

Senator Scott of the 36th moved that the following bill of the Senate, having been passed as amended previously today, be immediately transmitted to the House:

SB 12. By Senators Scott of the 36th, Dawkins of the 45th, Broun of the 46th 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 provide that licensed firearms dealers comply with certain requirements prior to the sale or delivery of a firearm; to amend Article 2 of Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia Crime Information Center; to amend Code Section 15-9-60 of the Official Code of Georgia Annotated, relating to costs in probate courts.

On the motion, the yeas were 36, nays 1; the motion prevailed, and SB 12 was immedi ately transmitted to the House.

Senator Robinson of the 16th moved that the Senate stand in recess until 5:00 o'clock P.M. today, and at that time stand adjourned until 10:00 o'clock A.M. on Monday, February 8, 1993.

At 11:59 o'clock A.M., the President announced the motion prevailed.

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209

Senate Chamber, Atlanta, Georgia Monday, February 8, 1993 Thirteenth Legislative Day
The Senate met pursuant to adjournment at 10:00 o'clock A.M. today and was called to order by the President.
Senator Huggins of the 53rd reported that the Journal of the proceedings of Friday, February 5, 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 363. By Representatives Poston of the 3rd and Snow of the 2nd: A bill to reconstitute the Board of Education of Catoosa County, Georgia, and provide for its powers, duties, rights, obligations, and liabilities and subject it to certain constitutional and statutory provisions.
HB 378. By Representative Barfoot of the 155th: A bill to amend an Act providing for the election of members of the Board of Education of Toombs County, so as to provide for the nonpartisan nomination and election of members of the board of education of Toombs County.
HB 414. By Representative Hudson of the 156th: A bill to reconstitute the Board of Education of Irwin County and provide for its powers, duties, rights, obligations and liabilities and subject it to certain consti tutional and statutory provisions.
HB 442. By Representative Powell of the 23rd: A bill to amend the Hart County Water and Sewer Utility Authority Act, so as to provide for a statement of intent and purpose; to change the provisions relating to the membership of the authority and the appointment and terms of members.
HB 443. By Representative Powell of the 23rd: A bill to create the Board of Commissioners of Hart County.
HB 444. By Representative Powell of the 23rd: A bill to reconstitute the Board of Education of Hart County and provide for its powers, duties, rights, obligations, and liabilities and subject it to certain consti tutional and statutory provisions.
SB 75. By Senators Boshears of the 6th and Kemp of the 3rd: A bill to amend an Act creating the State Court of Glynn County, as amended, so as to change the compensation of the solicitor of said court; to change the terms of said court; to provide for related matters; to provide an effective date.

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HB 299. By Representatives Sinkfield of the 57th, McKinney of the 51st, Royal of the 164th, Carlisle of the 107th and Martin of the 47th:
A bill to amend Chapter 8 of Title 35 of the Official Code of Georgia Annotated, relating to the employment and training of peace officers, so as to designate the authority to apprehend unruly and delinquent children with the appropriate state department.
HB 294. By Representatives Sinkfield of the 57th, McKinney of the 51st, Royal of the 164th, Carlisle of the 107th and Martin of the 47th:
A bill to amend Code Section 45-9-4 of the Official Code of Georgia Annotated, relating to the purchase of insurance by the commissioner of administrative ser vices, so as to authorize the purchase of liability insurance for attention and con tract home parents providing services through the Department of Children and Youth Services as well as to purchase insurance against property damage to their homes by youth living therein.
HB 227. By Representative Murphy of the 18th:
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 physical custody of suspended drivers' licenses by the Department of Public Safety.
HB 66. By Representatives Dover of the 9th, Harris of the 112th, Royal of the 164th and Skipper of the 137th:
A bill to amend Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, so as to change certain provisions relating to advertisement of certain property tax increases; to change certain pro visions relating to bona fide conservation use property.
HB 306. By Representatives Sinkfield of the 57th, McKinney of the 51st, Royal of the 164th, Carlisle of the 107th and Martin of the 47th:
A bill to amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to provide a probation officer with discre tionary authority for the taking into custody and detention of a child under the supervision or care of such officer.
HB 142. By Representative Watson of the 139th:
A bill to amend Chapter 26 of Title 50 of the Official Code of Georgia Annotated, the "Georgia Housing and Finance Authority Act," so as to change the provisions relating to legislative findings and intent; to amend Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to the regulation and construction of hospitals and other health care facilities, so as to repeal the "Hospital Financing Authority Act".
HB 222. By Representatives Harris of the 112th, Dover of the 9th, Royal of the 164th and Skipper of the 137th:
A bill to amend Article 5 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to uniform property tax administration and equalization, so as to authorize the board of assessors to perform certain duties upon designation by the tax receiver or tax commissioner.
HB 76. By Representatives Williams of the 114th, Padgett of the 119th and Connell of the 115th:
A bill to amend Code Section 10-1-420 of the Official Code of Georgia Annotated, relating to advertising without intending to sell on stated terms, so as to provide

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211

for the size and style of type to be used in any disclaimer or symbol directing attention to a disclaimer regarding the availability of merchandise or services advertised for sale.
HB 75. By Representatives Holland of the 157th, Ray of the 128th, Jenkins of the 110th and Reaves of the 178th:
A bill to amend Code Section 11-9-312 of the Official Code of Georgia Annotated, relating to priorities among conflicting security interests in the same collateral, so as to provide that certain perfected production loans shall take priority over cer tain earlier perfected security interests.
The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:
SB 167. By Senators Farrow of the 54th and Huggins of the 53rd:
A bill to amend an Act providing for the Magistrate Court of Whitfield County, as amended, so as to provide that the election of the full-time magistrate shall be by nonpartisan election. Referred to Committee on Urban and County Affairs.
SB 168. By Senators Boshears of the 6th and Ralston of the 51st:
A bill to amend Article 2 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to issuance, expiration, and renewal of drivers' licenses, so as to require minors to be enrolled in public or private school, home study, or cer tain other courses of study or to have graduated from high school or received an equivalency diploma or certificate of high school completion as a requirement of issuance of a driver's license; to provide for verification. Referred to Committee on Special Judiciary.
SB 169. By Senators Perdue of the 18th, Marable of the 52nd and Robinson of the 16th:
A bill to amend Code Section 31-7-12 of the Official Code of Georgia Annotated, relating to the licensing of personal care homes, so as to provide restrictions upon restraints, isolation, and restrictions on mobility of residents thereof; to provide an effective date. Referred to Committee on Youth, Aging and Human Ecology.
SB 170. By Senators Marable of the 52nd, Garner of the 30th, Henson of the 55th and others:
A bill to amend Chapter 29 ov Title 33 of the Official Code of Georgia Annotated, relating to individual accident and sickness insurance, and Article 1 of Chapter 30 of Title 33 of the Official Code of Georgia Annotated, relating to group or blanket accident and sickness insurance. Referred to Committee on Insurance and Labor.
SB 171. By Senators Farrow of the 54th, Edge of the 28th, Robinson of the 16th and others:
A bill to amend Article 1 of Chapter 6 of Title 10 of the Official Code of Georgia Annotated, relating to the creation and nature of an agency relationship, so as to clarify the laws relating to the validity of a principal's granting, in writing, a conditional power of attorney, provided that one or more persons are designated by such principal to determine conclusively, by written declaration under penalty of perjury, that the conditional event or contingency has occurred. Referred to Committee on Judiciary.

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SB 172. By Senators Farrow of the 54th, Oliver of the 42nd, Ralston of the 51st and others:
A bill to amend Chapter 5 of Title 53 of the Official Code of Georgia Annotated, relating to year's support, so as to define the term "child" or "children" for pur poses of year's support. Referred to Committee on Judiciary.
SB 173. By Senators Farrow of the 54th, Oliver of the 42nd, Ralston of the 51st and others:
A bill to amend Code Section 51-4-2 of the Official Code of Georgia Annotated, relating to persons entitled to bring action for the wrongful death of spouse or parent, so as to provide that any amount recovered for a wrongful death action on behalf of a minor or minors shall be held by a guardian of the property or that guardianship be waived by the probate court. Referred to Committee on Judiciary.
SB 174. By Senator Clay of the 37th:
A bill to amend Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, so as to change the provisions relating to the granting of a total divorce; to change the provisions relating to the effect of collusion, consent, guilt of like conduct, or condonation; to change the provisions relating to the granting of a divorce to a respondent without necessity of counterclaim; to change the provisions relating to the transfer of property after filing of petition for divorce. Referred to Committee on Judiciary.
SB 175. By Senators Clay of the 37th and Edge of the 28th:
A bill to amend Chapter 1 of Title 34 of the Official Code of Georgia Annotated, relating to general provisions applicable to labor and industrial relations, so as to provide immunity from civil liability to an employer or any other person who discloses information about another person's job performance under certain circumstances. Referred to Committee on Judiciary.
SB 176. By Senators Clay of the 37th, Edge of the 28th and Glanton of the 34th:
A bill to amend Article 1 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to general provisions relating to workers' compensation, so as to provide that certain employers and employees shall not be covered by workers' compensation under certain conditions; to provide for notices; to provide for practices, procedures, and requirements; to provide for rules and regulations; to provide for a limitation of liability. Referred to Committee on Insurance and Labor.
SB 177. By Senators Starr of the 44th, Thomas of the 10th and Glanton of the 34th:
A bill to provide that the school superintendent of the Clayton County School District shall be appointed by the board of education of Clayton County. Referred to Committee on Urban and County Affairs.
SB 178. By Senators Starr of the 44th and Thomas of the 10th:
A bill to amend an Act creating the board of commissioners of Clayton County, as amended, so as to change the provisions relating to the compensation of the chairman; to provide an effective date. Referred to Committee on Urban and County Affairs.

MONDAY, FEBRUARY 8, 1993

213

SB 179. By Senators Starr of the 44th, Thomas of the 10th and Glanton of the 34th:
A bill to amend an Act providing for a supplement to the salaries of the judges of the Superior Court of the Clayton Judicial Circuit, as amended, so as to change the county supplement to the state salary of said judges; to provide an effective date. Referred to Committee on Urban and County Affairs.
SB 180. By Senators Starr of the 44th, Thomas of the 10th and Glanton of the 34th:
A bill to amend an Act creating the State Court of Clayton County, as amended, so as to change the compensation of the judges of said court; to provide an effec tive date. Referred to Committee on Urban and County Affairs.
SB 181. By Senators Starr of the 44th, Thomas of the 10th and Glanton of the 34th:
A bill to amend an Act providing for a county supplement to the state salary of the district attorney of the Clayton Judicial Circuit, as amended, so as to change the amount of said supplement; to provide an effective date. Referred to Committee on Urban and County Affairs.
SB 182. By Senators Starr of the 44th, Thomas of the 10th and Glanton of the 34th:
A bill to amend an Act placing the sheriff and clerk of the Superior Court of Clayton County on an annual salary, as amended, so as to change the provisions relating to the salary of the sheriff; to provide an effective date. Referred to Committee on Urban and County Affairs.
SB 183. By Senators Starr of the 44th, Thomas of the 10th and Glanton of the 34th:
A bill to amend an Act placing the judge of the Probate Court of Clayton County on an annual salary, as amended, so as to change the compensation of said of ficer; to provide an effective date. Referred to Committee on Urban and County Affairs.
SB 184. By Senators Starr of the 44th, Thomas of the 10th and Glanton of the 34th:
A bill to amend an Act providing a salary for the official court reporter of the Clayton Judicial Circuit, as amended, so as to change the compensation of the official court reporters of the Clayton Judicial Circuit; to provide an effective date. Referred to Committee on Urban and County Affairs.
SB 185. By Senators Starr of the 44th, Glanton of the 34th and Thomas of the 10th:
A bill to amend an Act creating the State Court of Clayton County, as amended, so as to change the compensation of the solicitor of said court; to provide an effective date. Referred to Committee on Urban and County Affairs.
SB 186. By Senator Broun of the 46th: A bill to amend Chapter 1 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions relative to state government, so as to make certain findings; to create the State Flag Design Commission; to provide for membership.
Referred to Committee on Rules.

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SB 187. By Senators Kemp of the 3rd, Boshears of the 6th and Ralston of the 51st:
A bill to amend Chapter 34 of Title 33 of the Official Code of Georgia Annotated, the "Georgia Motor Vehicle Accident Reparations Act," so as to prohibit subro gation for medical benefits; to provide for applicability. Referred to Committee on Insurance and Labor.
SB 188. By Senators Dawkins of the 45th, Robinson of the 16th, 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 by the Office of Planning and Budget, so as to require the Office of Planning and Budget to prepare an annual continuation budget report; to provide for submis sion of such report to the Continuation Subcommittees of the House and Senate Appropriations Committees; to provide for contents of such report. Referred to Committee on Appropriations.
SR 19. By Senators Ray of the 19th, Gillis of the 20th, Blitch of the 7th and Hooks of the 14th:
A resolution creating the Senate Committee to Study Check Dams for the Satilla, Altamaha, Ocmulgee, Oconee, Flint, and Alapaha Rivers. Referred to Committee on Rules.
SR 140. By Senators Ralston of the 51st and Newbill of the 56th:
A resolution proposing an amendment to the Constitution so as to provide that beginning on or after January 1, 1995, no Senator shall serve more than four consecutive terms in the Senate and no Representative shall serve more than four consecutive terms in the House of Representatives; to provide for limitations on the number of consecutive full terms of office which may be served by mem bers of the House of Representatives and Senate of the State of Georgia. Referred to Committee on Special Judiciary.
SR 141. By Senator Clay of the 37th: A resolution proposing an amendment to the Constitution so as to provide that the court shall render judgment without the verdict of a jury in all divorce cases including cases of alimony and child support; to provide for the submission of this amendment for ratification or rejection.
Referred to Committee on Judiciary.
The following bills of the House were read the first time and referred to committees:
HB 66. By Representatives Dover of the 9th, Harris of the 112th, Royal of the 164th and Skipper of the 137th:
A bill to amend Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, so as to change certain provisions relating to advertisement of certain property tax increases; to change certain pro visions relating to bona fide conservation use property. Referred to Committee on Finance and Public Utilities.
HB 75. By Representatives Holland of the 157th, Ray of the 128th, Jenkins of the 110th and Reaves of the 178th:
A bill to amend Code Section 11-9-312 of the Official Code of Georgia Annotated, relating to priorities among conflicting security interests in the same collateral, so

MONDAY, FEBRUARY 8, 1993

215

as to provide that certain perfected production loans shall take priority over cer tain earlier perfected security interests. Referred to Committee on Special Judiciary.
HB 76. By Representatives Williams of the 114th, Padgett of the 119th and Connell of the 115th:
A bill to amend Code Section 10-1-420 of the Official Code of Georgia Annotated, relating to advertising without intending to sell on stated terms, so as to provide for the size and style of type to be used in any disclaimer or symbol directing attention to a disclaimer regarding the availability of merchandise or services advertised for sale. Referred to Committee on Science, Technology, and Industry.
HB 142. By Representative Watson of the 139th:
A bill to amend Chapter 26 of Title 50 of the Official Code of Georgia Annotated, the "Georgia Housing and Finance Authority Act," so as to change the provisions relating to legislative findings and intent; to amend Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to the regulation and construction of hospitals and other health care facilities, so as to repeal the "Hospital Financing Authority Act". Referred to Committee on Finance and Public Utilities.
HB 222. By Representatives Harris of the 112th, Dover of the 9th, Royal of the 164th and Skipper of the 137th:
A bill to amend Article 5 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to uniform property tax administration and equalization, so as to authorize the board of assessors to perform certain duties upon designation by the tax receiver or tax commissioner. Referred to Committee on Finance and Public Utilities.
HB 227. By Representative Murphy of the 18th:
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 physical custody of suspended drivers' licenses by the Department of Public Safety. Referred to Committee on Judiciary.
HB 294. By Representatives Sinkfield of the 57th, McKinney of the 51st, Royal of the 164th and others:
A bill to amend Code Section 45-9-4 of the Official Code of Georgia Annotated, relating to the purchase of insurance by the commissioner of administrative ser vices, so as to authorize the purchase of liability insurance for attention and con tract home parents providing services through the Department of Children and Youth Services as well as to purchase insurance against property damage to their homes by youth living therein. Referred to Committee on Youth, Aging and Human Ecology.
HB 299. By Representatives Sinkfield of the 57th, McKinney of the 51st, Royal of the 164th and others:
A bill to amend Chapter 8 of Title 35 of the Official Code of Georgia Annotated, relating to the employment and training of peace officers, so as to designate the authority to apprehend unruly and delinquent children with the appropriate state department. Referred to Committee on Youth, Aging and Human Ecology.

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HB 306. By Representatives Sinkfield of the 57th, McKinney of the 51st, Royal of the 164th and others: A bill to amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to provide a probation officer with discre tionary authority for the taking into custody and detention of a child under the supervision or care of such officer.
Referred to Committee on Youth, Aging and Human Ecology.
HB 363. By Representatives Poston of the 3rd and Snow of the 2nd: A bill to reconstitute the Board of Education of Catoosa County, Georgia, and provide for its powers, duties, rights, obligations, and liabilities and subject it to certain constitutional and statutory provisions.
Referred to Committee on Urban and County Affairs.
HB 378. By Representative Barfoot of the 155th: A bill to amend an Act providing for the election of members of the Board of Education of Toombs County, so as to provide for the nonpartisan nomination and election of members of the board of education of Toombs County.
Referred to Committee on Urban and County Affairs.
HB 414. By Representative Hudson of the 156th: A bill to reconstitute the Board of Education of Irwin County and provide for its powers, duties, rights, obligations and liabilities and subject it to certain consti tutional and statutory provisions.
Referred to Committee on Urban and County Affairs.
HB 442. By Representative Powell of the 23rd: A bill to amend the Hart County Water and Sewer Utility Authority Act, so as to provide for a statement of intent and purpose; to change the provisions relating to the membership of the authority and the appointment and terms of members.
Referred to Committee on Urban and County Affairs.
HB 443. By Representative Powell of the 23rd: A bill to create the Board of Commissioners of Hart County.
Referred to Committee on Urban and County Affairs.
HB 444. By Representative Powell of the 23rd: A bill to reconstitute the Board of Education of Hart County and provide for its powers, duties, rights, obligations, and liabilities and subject it to certain consti tutional and statutory provisions.
Referred to Committee on Urban and County Affairs.
The following reports of standing committees were read by the Secretary:
Mr. President:
The Committee on Appropriations has had under consideration the following bill of the

MONDAY, FEBRUARY 8, 1993

217

House and has instructed me to report the same back to the Senate with the following recommendation:

HB 86. Do pass by substitute. Respectfully submitted, Senator Dawkins of the 45th 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 332. Do pass. HB 342. Do pass.

Respectfully submitted,

Senator Thompson of the 33rd District, Chairman

Mr. President:

The Committee on Youth, Aging and Human Ecology has had under consideration the following bill and resolution of the Senate and has instructed me to report the same back to the Senate with the following recommendations:
SR 131. Do pass. SB 150. Do pass.
Respectfully submitted,
Senator Marable of the 52nd District, Chairman

The following bills of the Senate were read the second time:

SB 24. By Senators Cheeks of the 23rd, Pollard of the 24th and Starr of the 44th:
A bill to amend Part 2 of Article 2 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to bingo, so as to provide for the operation of recreational bingo games which shall not be subject to the same licensing require ments and regulations applicable to certain bingo games operated by nonprofit, tax-exempt organizations.

SB 27. By Senators Taylor of the 12th, Henson of the 55th and Brown of the 26th:
A bill to amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, so as to provide for the administrative suspension of a driver's license for a first offense of driving under the influence; to provide for penalties.

SB 28. By Senators Taylor of the 12th, Henson of the 55th and Brown of the 26th:
A bill to amend Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to probation, so as to provide for a definition; to authorize judges to require the installation of an ignition interlock device as a condition of probation for certain persons convicted of the offense of driving under the influence of alco hol or drugs; to require such devices for reinstatement of certain drivers' licenses and as a condition of obtaining a limited driving permit.

SB 32. By Senator Alien of the 2nd:
A bill to amend Code Section 9-2-60 of the Official Code of Georgia Annotated, relating to dismissal of civil actions for want of prosecution, so as to provide that

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the period of automatic dismissal for want of prosecution shall be lowered from five to three years.
SB 33. By Senator Alien of the 2nd:
A bill to amend Code Section 5-5-40 of the Official Code of Georgia Annotated, relating to time of motion for new trial in general, so as to provide that where the grounds of the motion for a new trial require consideration of the transcript of evidence or proceedings, the court shall grant an extension of time not to exceed 120 days.
SB 52. By Senators Taylor of the 12th, Bowen of the 13th, Ragan of the llth and Hooks of the 14th:
A bill to amend Article 7 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, the "Uniform Commercial Driver's License Act," so as to change the penalties for operating without a commercial driver's license.
SB 63. By Senators Clay of the 37th, Ragan of the 32nd and Edge of the 28th:
A bill to amend Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, so as to provide that the parties in certain domestic relations actions shall be required to complete a seminar for parents where the interests of children under 18 years of age are involved; to provide for contempt sanctions if a party fails to complete successfully the seminar.
SB 72. By Senators Taylor of the 12th, Henson of the 55th and Brown of the 26th:
A bill to amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to change certain provisions relating to the ages for mandatory education for children; to change certain provisions relating to exemptions with respect to such mandatory education; to change certain provisions relating to the establishment, management, and control of adult literacy programs.
SB 73. By Senators Taylor of the 12th, Henson of the 55th and Brown of the 26th:
A bill to amend Part 12 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the effectiveness of educational programs, so as to provide for findings; to provide for a definition; to provide for a Council for School Performance and its membership, organization, compensation and ex penses, and powers and duties; to provide for duties of the Department of Education.
SB 74. By Senators Taylor of the 12th, Henson of the 55th and Brown of the 26th:
A bill to amend Part 9 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to grants for educational programs, so as to provide for legislative intent; to provide for definitions; to provide for petitions for char ter school status and their review and approval; to provide for criteria and proce dures for charter schools and petitions therefor.
SB 88. By Senator Isakson of the 21st:
A bill to amend Chapter 44 of Title 43 of the Official Code of Georgia Annotated, relating to speech-language pathology and audiology, so as to change an exemp tion from licensing; to provide for the granting of licenses to certain persons em ployed in educational institutions under certain conditions.
SB 102. By Senator Pollard of the 24th:
A bill to repeal an Act providing for a board of elections in each county having a population of not less that 22,312 and not more than 22,825, approved April 11,

MONDAY, FEBRUARY 8, 1993

219

1979, as amended by an Act providing for applicability to each county having a population of not less than 40,000 and not more than 40,700, approved April 12, 1982; to provide an effective date.
SB 103. By Senator Pollard of the 24th:
A bill to amend Code Section 34-9-12 of the Official Code of Georgia Annotated, relating to records of the State Board of Workers' Compensation, so as to provide for access to the board's records of fatal cases by the Georgia Department of Labor and the United States Department of Labor Census of Fatal Occupational Injuries Program; to provide an effective date.
SB 125. By Senators Thompson of the 33rd, Garner of the 30th, Robinson of the 16th and others:
A bill to amend Code Section 48-5-311 of the Official Code of Georgia Annotated, relating to the creation of county boards of equalization and the review of prop erty assessments, so as to change the time period within which a taxpayer may appeal an assessment by the county board of tax assessors.
SB 126. By Senators Thompson of the 33rd and Garner of the 30th:
A bill to amend Part 2 of Article 5 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to the county board of tax assessors, so as to author ize the General Assembly, by local Act, to provide for the election of the county board of tax assessors in any county of this state.
Senator Robinson of the 16th moved that Senator Ray of the 19th be excused from the Senate because of work of the Corrections Committee of which he is Chairman.
On the motion, the yeas were 41, nays 0; the motion prevailed, and Senator Ray of the 19th was excused from the Senate.
The President called for the morning roll call, and the following Senators answered to their names:

Alien Balfour Baugh Blitch Boshears
Bowen Broun of 46th Brown of 26th BChuerteokns Q[ Coleman Crotts Dawkins Day Dean Edge Egan

Farrow Garner Gillis Glanton Gochenour
Harbison Hemmer Hengon ,..,,
Hooks Huggins Isakson KemP Langford of 35th Langford of 29th Madden Marable

Those not answering were Senators:

Abernathy Ray (excused)

Scott

Middleton Newbill Oliver Parrish Perdue
Pollard R of mh
32nd nRalfston Robinson Slotin Starr Taylor Thomas Thompson Turner Tysinger
Walker

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JOURNAL OF THE SENATE

Senator Baugh of the 25th introduced Ms. Ramona Dugger, who presented her rendi tion of the National Anthem.
The Lieutenant Governor led the Senators in the Pledge of Allegiance to the Flag of the United States of America.
Senator Alien of the 2nd introduced the chaplain of the day, Reverend Charles Wilkerson, pastor of Savannah Deliverance Center, Savannah, Georgia, who offered scripture read ing and prayer.
Senator Edge of the 28th introduced Honorable Paul Coverdell, U. S. Senator from Georgia, a former State Senator and Minority Leader, who briefly addressed the Senate.
Senator Burton of the 5th introduced Master Reeve Maddox who was commended by SR 124, adopted previously, for creating the 1993-1994 official slogan of the National Parent Teacher Association.
Senator Walker of the 22nd introduced Ms. Janice Richardson, President of the Geor gia Parent-Teacher Association for 1993, who was commended by SR 22, adopted previously.
Senator Gillis of the 20th introduced Honorable J. Roy Rowland, U. S. Representative from Georgia's 8th District, who briefly addressed the Senate.
Senator Turner of the 8th introduced Coach Nick Hyder and the Valdosta High School Wildcats football team who were commended by SR 139, adopted previously, and Coach Hyder briefly addressed the Senate.
The following resolution of the Senate was read and adopted:
SR 41. By Senators Tysinger of the 41st and Coleman of the 1st: A resolution recognizing the contributions of the engineering profession in Geor gia and declaring February 9, 1993, as "Engineers Day" in Georgia.
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 Monday, February 8, 1993
THIRTEENTH LEGISLATIVE DAY (The names listed with each bill are the Senators whose districts are affected by the legislation.)
HB 332 Pollard, 24th CITY OF MADISON Amends an Act providing a new charter for the City of Madison, changing the provisions relating to the election of the mayor and councilmen.
HB 342 Blitch, 7th ECHOLS COUNTY An Act to fix the compensation of the clerk of the Superior Court of Echols County.

MONDAY, FEBRUARY 8, 1993

221

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

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

Those voting in the affirmative were Senators:

Abernathy Alien Balfour Baugh Blitch Boshears Bowen BrB>rroowunn oofcf 4o2664tt.hhu BChuerteokns
Clay Coleman Crotts Dawkins Day Dean Edge

Farrow Gillis Glanton Gochenour Harbison Hemmer Henson HTHJoilol ki s HIsuakgsgoinns
Langford of 35th Langford of 29th Madden Marable Middleton Newbill Oliver

Parrish Perdue Pollard Ragan of llth Ragan of 32nd Ralston p nRofbi.nson
lotln
btarr Taylor Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Egan

Garner

Kemp

On the passage of the local bills, the yeas were 53, nays 0.

The bills on the Senate Local Consent Calendar, having received the requisite constitu tional majority, were passed.

SENATE CALENDAR
Monday, February 8, 1993
THIRTEENTH LEGISLATIVE DAY
HB 121 Appropriations 1992-93--change (Substitute) (Approp--45th) SB 25 Licensed Practical Nurses--licensure qualifications, examinations (Amendment)
(H&HS-- 10th) SB 38 Vehicle Weight Requirements--allowable methods for complying (Trans--23rd) SB 53 Merit System--sick leave accumulation, utilization (Gov Op--2nd) SB 61 Chiropractors--may recommend hot and cold packs and structural supports
(H&HS-- 45th)
SB 85 Federal Tax Liens--duties of superior court clerks (F&PU--24th) SB 89 Public Employees--may file fraud, waste complaints (Gov Op--2nd) SB 90 Certain Designated Travel Lanes--penalties for violations of use (Amendment)
(Trans-- 1st) SB 91 Property Owned by Tollway Authority--Department of Transportation officers
enforce laws (Trans--1st)

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SB 93 Department of Transportation--provide financial support for ride-sharing pro grams (Trans--1st)
SR 6 CA: Tax, Fee, or Assessment Increases--two-thirds approval of General Assem bly members (F&PU--30th)
SR 37 Joint Committee on State and Local Bonded Indebtedness--create (F&PU--37th)
SR 68 Judge W.A. Foster, Jr., Bridge--designate (Trans--31st) SR 69 Syble W. Brannan Parkway--designate (Substitute) (Trans--31st)
SR 115 Richmond County--easement for telecommunication switching cabinet (F&PU--23rd)
SR 118 Calhoun, Clinch, Fulton, Hall Counties--utility facility easement (F&PU--44th) SR 119 Consolidated Lease Between State and CAPCO (Consolidated Atlanta Proper
ties, Ltd.)--authorize termination (F&PU--44th)
SR 121 Chatham County--easement for certain beach area planning, repair, construction (F&PU--1st)
SR 122 Burke County--easement for electrical transmission lines (F&PU--22nd)
The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage:
HB 121. By Representatives Murphy of the 18th, Coleman of the 142nd, Walker of the 141st and others:
A bill to amend an Act providing appropriations for the State Fiscal Year 19921993 known as the "General Appropriations Act", so as to change certain appro priations for the State Fiscal Year 1992-1993.
Senate Sponsor: Senator Dawkins of the 45th.
The Senate Committee on Appropriations offered the following substitute to HB 121:
A BILL
To be entitled an Act to amend an Act providing appropriations for the State Fiscal Year 1992-1993 known as the "General Appropriations Act", approved April 15, 1992 (Ga. L. 1992, p. 1701), so as to change certain appropriations for the State Fiscal Year 1992-1993; to make language and other changes; to reallocate certain funds; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act providing appropriations for the State Fiscal Year 1992-1993, as amended, known as the "General Appropriations Act" approved April 15, 1992 (Ga. L. 1992, p. 1701), is further amended by striking everything following the enacting clause through Section 86, and by substituting in lieu thereof the following:
"That the sums of money hereinafter provided are appropriated for the State Fiscal Year beginning July 1, 1992, and ending June 30, 1993, as prescribed hereinafter for such fiscal year, from funds from the Federal Government and General Funds of the State, in cluding surplus, reserves and a revenue estimate of $8,099,000,000 (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

MONDAY, FEBRUARY 8, 1993

223

Personal Services--Staff ...................... Personal Services--Elected Officials ............ Regular Operating Expenses................... Travel--Staff ................................ Travel--Elected Officials ...................... Capital Outlay ...............................
Equipment .................................. Computer Charges ........................... Real Estate Rentals .......................... Telecommunications .......................... Per Diem, Fees and Contracts--Staff ......... Per Diem, Fees and Contracts--Elected Officials Photography ................................. Expense Reimbursement Account.............. Total Funds Budgeted ........................ State Funds Budgeted ........................

Senate Functional Budgets Tc tal Funds

Senate and Research Office Lt. Governor's Office Secretary of the Senate's Office Total

$ 3,848,370

$

618,694

$

1,165,879

$ 5,632,943

House Functional Budgets stal Funds

House of Representatives and Research Office

8,770,991

Speaker of the House's Office

468,810

Clerk of the House's Office

1,163,037

Total

10,402,838

Joint Functional Budgets Total Funds

Legislative Counsel's Office Legislative Fiscal Office

$ 2,267,317 $ 2,136,938

Legislative Budget Office Ancillary Activities

$

902,812

$ 1,331,281

Total

$ 6,638,348

$11,358,969 $3,631,045 $2,630,225 . . . . $88,600 .... $7,000 ... $--0--
. . $165,500 . . . $481,000 ..... $5,000 . . . $675,000 . . . $233,174 . $2,200,816 .... $65,000 . $1,132,800 $22,674,129 $22,674,129

State Funds

$ 3,848,370

$

618,694

$

1,165,879

$

5,632,943

State Funds

$ 8,770,991

$

468,810

$

1,163,037

$ 10,402,838

State Funds

$ 2,267,317

$ 2,136,938

$

902,812

$ 1,331,281

$ 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

224

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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 & 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 ................................ $14,920,434 Personal Services................................................ $12,636,218 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 ........................................... $14,920,434 State Funds Budgeted ........................................... $14,920,434
PART II.
JUDICIAL BRANCH
Section 3. Supreme Court. Budget Unit: Supreme Court........................................ $4,893,172 Personal Services................................................. $4,200,877 Operating Expenses .............................................. $1,377,295 Total Funds Budgeted ............................................ $5,578,172 State Funds Budgeted ............................................ $4,893,172
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 ...................................... $46,474,853 Operation of the Courts ......................................... $44,551,668 Prosecuting Attorneys' Council .................................... $1,791,715 Sentence Review Panel ............................................. $153,600 Council of Superior Court Judges .................................... $114,499 Judicial Administrative Districts ................................... $1,464,647

MONDAY, FEBRUARY 8, 1993

225

Habeas Corpus Clerk ................................................. $7,800 Total Funds Budgeted ........................................... $48,083,929 State Funds Budgeted ........................................... $46,474,853
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 Council Operations ............................................... $1,186,713 Payments to Judicial Administrative Districts for Case Counting ........ $76,500 Board of Court Reporting ............................................ $97,845 Payment to Council of Magistrate Court Judges ....................... $26,000 Payment to Council of Probate Court Judges .......................... $20,000 Payment to Council of State Court Judges ............................ $12,000 Payment to Resource Center ........................................ $240,000 Payment to Computerized Information Network ...................... $660,000 Total Funds Budgeted ............................................ $2,319,058 State Funds Budgeted ............................................ $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 .............................. $1,009,958
PART III.
EXECUTIVE BRANCH
Section 11. Department of Administrative Services. A. Budget Unit: Department of Administrative Services ............... $33,248,287
Personal Services................................................ $47,085,583 Regular Operating Expenses...................................... $12,345,554 Travel ............................................................ $258,340 Motor Vehicle Purchases............................................. $74,480 Equipment ...................................................... $1,519,947 Computer Charges .............................................. $10,398,262 Real Estate Rentals .............................................. $3,724,137 Telecommunications .............................................. $2,819,765 Per Diem, Fees and Contracts ....................................... $402,825 Rents and Maintenance Expense ................................. $10,751,716 Utilities ............................................................ $38,550 Payments to DOAS Fiscal Administration .......................... $2,750,000 Direct Payments to Georgia Building Authority for Capital Outlay....... $--0-- Direct Payments to Georgia Building Authority for Operations .......... $--0-- Telephone Billings .............................................. $45,094,697 Radio Billings ..................................................... $383,880 Materials for Resale ............................................. $16,500,000 Public Safety Officers Indemnity Fund ............................... $150,000 Health Planning Review Board Operations ............................ $35,825 Total Funds Budgeted .......................................... $154,333,561 State Funds Budgeted ........................................... $33,248,287

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Department of Administrative Services Functional Budgets Total Funds

Executive Administration

1,685,974

Departmental Administration

2,865,708

Statewide Systems Administration

10,165,277

Space Management Administration

485,167

Procurement Administration

2,837,754

General Services Administration

483,246

Central Supply Services

16,894,076

Data Processing Services

46,501,373

Motor Vehicle Services

3,554,856

Communication Services

57,013,807

Printing Services

6,585,403

Surplus Property Services

1,606,287

Mail and Courier Services

1,156,055

Risk Management Services

2,078,226

State Properties Commission

420,352

Total

$ 154,333,561

B. Budget Unit: Georgia Building Authority................... 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

$ 1,624,398

Custodial

$ 4,788,256

Maintenance

$ 3,930,348

Security

$ 5,197,690

Van Pool

$

394,619

Sales

$ 4,960,896

Administration

$ 10,244,673

Railroad Excursions

$ 1,639,472

Facility Renovations

$

--0--

Total

$ 32,780,352

State Funds 527,183
2,832,794 7,415,277
485,167 2,837,754
--0-- --0-- 12,879,760 --0-- 5,850,000 --0-- --0--
420,352 33,248,287 .... $--0-- $18,778,739 . $5,509,356 . ... $--0-- . . . $215,000 . . . $176,335 . . $60,800 . . $16,800 . . . $122,584 . . . $171,000 ... $--0-- . $7,466,638 . . . $263,100 .... $--0-- .... $--0-- $32,780,352 .... $-0--
State Funds --0--
--0--

MONDAY, FEBRUARY 8, 1993

227

Section 12. Agency for the Removal of Hazardous Materials.

Budget Unit: Agency for the Removal of Hazardous Materials ............ $99,834

Personal Services.................................................... $81,334

Regular Operating Expenses.....

$10,300

Travel .............................................................. $7,800

Motor Vehicle Purchases............................................. $--0--

Equipment ......................................................... $--0--

Computer Charges .................................................. $--0--

Real Estate Rentals ................................................. $--0--

Telecommunications ................................................... $400

Per Diem, Fees and Contracts ........................................ $--0--

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

Utilities ............................................................ $--0--

Total Funds Budgeted ............................................... $99,834

State Funds Budgeted ............................................... $99,834

Section 13. Department of Agriculture. A. Budget Unit: Department of Agriculture .......................... $32,061,169
Personal Services................................................ $28,652,322 Regular Operating Expenses....................................... $3,876,578 Travel ............................................................ $815,170 Motor Vehicle Purchases............................................ $379,616 Equipment ........................................................ $273,063 Computer Charges ................................................. $308,700 Real Estate Rentals ................................................ $778,070 Telecommunications ................................................ $318,274 Per Diem, Fees and Contracts ....................................... $163,072 Market Bulletin Postage ............................................ $860,000 Payments to Athens and Tifton Veterinary Laboratories ............. $2,386,487 Poultry Veterinary Diagnostic Laboratories in Canton, Dalton,
Douglas, Oakwood, and Statesboro ............................... $1,759,941 Veterinary Fees .................................................... $403,760 Indemnities........................................................ $112,700 Advertising Contract ............................................... $175,000 Payments to Georgia Agrirama Development Authority for Operations . $622,817 Renovation, Construction, Repairs and Maintenance Projects at
Major and Minor Markets ........................................ $362,600 Capital Outlay ...................................................... $--0-- Contract--Federation of Southern Cooperatives ........................ $39,200 Tick Control Program ............................................... $--0-- Total Funds Budgeted ........................................... $42,287,370 State Funds Budgeted ........................................... $32,061,169

Department of Agriculture Functional Budgets Total Funds

State Funds

Plant Industry

$ 4,776,629 $ 4,390,629

Animal Industry

$ 6,595,082 $ 6,339,082

Marketing

$ 1,828,226 $ 1,779,226

General Field Forces

$ 3,127,022 $ 3,002,022

Internal Administration

$ 3,147,683 $ 2,748,054

Information and Education

$ 2,022,724 $ 2,022,724

Fuel and Measures

$ 3,029,092 $ 2,886,512

Consumer Protection Field Forces

$ 6,562,699 $ 4,499,390

Meat Inspection

$ 4,070,110 $ 1,717,904

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Major Markets Seed Technology Entomology and Pesticides Total

4,458,629 505,651
2,163,823 42,287,370

837,803 --0--
1,837,823 32,061,169

B. Budget Unit: Georgia Agrirama Development Authority ................ $--0-- Personal Services................................................... $818,030 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 ..................................................... $147,160 Goods for Resale .................................................... $95,000 Total Funds Budgeted ............................................ $1,302,898 State Funds Budgeted ............................................... $--0--

Section 14. Department of Banking and Finance. Budget Unit: Department of Banking and Finance .................... $7,245,076 Personal Services. ................................................ $6,005,914 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 ............................................ $7,245,076 State Funds Budgeted ............................................ $7,245,076

Section 15. Department of Children and Youth Services. Budget Unit: Department of Children and Youth Services ............ $78,097,283 Personal Services................................................ $57,924,378 Regular Operating Expenses....................................... $4,187,906 Travel ............................................................ $704,472 Motor Vehicle Purchases............................................ $146,860 Equipment ........................................................ $333,177 Computer Charges ................................................. $160,324 Real Estate Rentals .............................................. $1,029,100 Telecommunications ................................................ $673,005 Per Diem, Fees and Contracts ..................................... $1,664,915 Utilities ......................................................... $1,960,860 Institutional Repairs and Maintenance ............................... $341,002 Grants to County-Owned Detention Centers ........................ $2,540,400 Service Benefits for Children ...................................... $8,016,202 Purchase of Service Contracts ....................................... $212,796 Total Funds Budgeted ........................................... $79,895,397 State Funds Budgeted ........................................... $78,097,283

Children and Youth Services Functional Budgets Total Funds

State Funds

Regional Youth Development Centers

$ 19,820,531 $ 19,091,119

MONDAY, FEBRUARY 8, 1993

229

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

10,078,577 7,791,747 4,337,649 4,658,475 14,174,787 2,969,773
878,889 759,032 8,800,255 825,990 454,235 4,345,457 79,895,397

9,681,185 7,467,229 4,185,336 4,463,996 14,174,787 2,969,773
878,889 759,032 8,800,255 825,990 454,235 4,345,457 78,097,283

Section 16. Department of Community Affairs. Budget Unit: Department of Community Affairs ..................... $13,986,952 Personal Services................................................. $5,355,918 Regular Operating Expenses......................................... $220,527 Travel ............................................................ $135,980 Motor Vehicle Purchases............................................. $--0-- Equipment ........................................................... $881 Computer Charges ................................................. $208,833 Real Estate Rentals ................................................ $516,379 Telecommunications ................................................. $42,580 Per Diem, Fees and Contracts ........................................ $96,564 Capital Felony Expenses ............................................. $68,600 Contracts with Regional Development Commissions ................. $2,217,561 Local Assistance Grants ............................................ $752,800 Appalachian Regional Commission Assessment ......................... $97,803 Community Development Block Grants (Federal) .................. $30,000,000 Music Hall of Fame ................................................ $107,800 Georgia Music Week Promotion ...................................... $--0-- Local Development Fund ........................................... $890,000 Payment to State Housing Trust Fund ............................. $4,625,000 Payment to Georgia Environmental Facilities Facilities Authority for Operations ............................... $1,232,474 Total Funds Budgeted ........................................... $46,569,700 State Funds Budgeted ........................................... $13,986,952

Department of Community Affairs Functional Budgets Total Funds

Office of the Commissioner

$ 10,915,587 $

Government Management

$

1,377,483 $

Financial Assistance

$ 31,943,855 $

Coordinated Planning

$ 2,332,775 $

Total

$ 46,569,700 $

State Funds 9,594,587 1,360,483 967,355 2,064,527 13,986,952

Section 17. Department of Corrections. A. Budget Unit: Administration, Institutions and Probation
Personal Services..................................... Regular Operating Expenses........................... Travel ..............................................

$494,375,376 $358,037,857 . $49,317,841 . $2,265,442

230

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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 .......................................... $506,879,091 Indirect DOAS Funding ............................................ $450,000 Georgia Correctional Industries ....................................... $--0-- State Funds Budgeted .......................................... $494,375,376

Departmental Functional Budgets Total Funds

State Funds

Administration

$ 53,530,712 $ 53,028,712

Institutions and Support Probation Total

$ 358,368,395 $ 94,979,984 $ 506,879,091

$ 357,150,395 $ 84,196,269 $ 494,375,376

B. Budget Unit: Board of Pardons and Paroles ....................... $35,371,233 Personal Services ............................................... $28,841,882 Regular Operating Expenses....................................... $1,206,200 Travel ............................................................ $636,315 Motor Vehicle Purchases............................................. $40,500 Equipment ........................................................ $129,000 Computer Charges .............................................. $456,836 Real Estate Rentals .............................................. $2,403,000 Telecommunications ................................................ $785,000 Per Diem, Fees and Contracts ....................................... $267,500 County Jail Subsidy ................................................ $600,000 Health Services Purchases ............................................ $5,000 Total Funds Budgeted ........................................... $35,371,233 State Funds Budgeted ........................................... $35,371,233

Section 18. Department of Defense. Budget Unit: Department of Defense ................................ $3,752,403 Personal Services................................................. $6,691,642 Regular Operating Expenses....................................... $4,169,788 Travel ............................................................. $22,460 Motor Vehicle Purchases............................................. $--0-- Equipment ......................................................... $33,300 Computer Charges ................................................... $3,700 Real Estate Rentals .................................................. $4,740

MONDAY, FEBRUARY 8, 1993

231

Telecommunications ................................................. $68,500 Per Diem, Fees and Contracts ....................................... $566,400 Total Funds Budgeted ........................................... $11,560,530 State Funds Budgeted ............................................. $3,752,403

Department of Defense Functional Budgets Total Funds

Office of the Adjutant General

$ 1,133,806

Georgia Air National Guard

$ 4,523,265

Georgia Army National Guard

$ 5,903,459

Total

$ 11,560,530

State Funds

$ 1,022,698

$

511,711

$ 2,217,994

$ 3,752,403

Section 19. State Board of Education--Department of Education. Budget Unit: Department of Education ........................... $3,070,839,691 Personal Services................................................ $37,856,260 Regular Operating Expenses....................................... $3,982,877 Travel .......................................................... $1,210,209 Motor Vehicle Purchases............................................. $--0-- Equipment ....................................................... $439,897 Computer Charges ............................................... $5,302,383 Real Estate Rentals .............................................. $2,403,082 Telecommunications .............................................. $1,440,290 Per Diem, Fees and Contracts .................................... $13,289,749 Utilities ........................................................... $755,136 Capital Outlay ...................................................... $53,600 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 .................................................. $578,797,768 Pupil Transportation ........................................... $124,547,423 Local Fair Share .............................................. $(594,153,230) Mid-Term Adjustment Reserve ................................... $60,059,024 Cost of Living Adjustment ....................................... $49,019,607 Textbook--7 Year Cycle ........................................ $(36,920,019) Textbook--Increased FTE Counts ................................. $3,526,262 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 ......................................... $49,234,404 Special Education Low-Incidence Grants ............................. $406,000 Non-QBE Grants: Education of Children of Low-Income Families ................... $200,863,393 Retirement (H.B. 272 and H.B. 1321) .............................. $4,600,914 Instructional Services for the Handicapped ........................ $23,177,937 Tuition for the Multi-Handicapped ................................ $2,401,899 Severely Emotionally Disturbed .................................. $35,493,693

232

JOURNAL OF THE SENATE

School Lunch (Federal) ......................................... $113,396,789

School Lunch (State) ............................................ $22,861,763

Supervision and Assessment of Students and Beginning Teachers and

Performance-Based Certification ................................ $1,500,000

Regional Education Service Agencies ............................... $6,820,033

Georgia Learning Resources System ................................ $3,124,736

High School Program ............................................ $21,605,317

Special Education in State Institutions ............................. $3,965,103

Governor's Scholarships........................................... $2,378,647

Advanced Placement Exams......................................... $650,000

Job Training Partnership Act ..................................... $3,084,680

Vocational Research and Curriculum ................................. $258,213

Even Start ...................................................... $1,779,075

Salaries and Travel of Public Librarians........................... $10,242,708

Public Library Materials .......................................... $4,441,538

Talking Book Centers .............................................. $874,209

Public Library M&O........... ................................. $3,764,432

Child Care Lunch Program (Federal) ............................. $16,787,825

Chapter II--Block Grant Flow Through

................... $10,500,934

Payment of Federal Funds to Board of Technical and Adult

Education .................................................... $16,188,891

Education of Homeless Children/Youth ............................... $81,000

Innovative Programs.............................................. $2,350,000

Technology Grants ................................................. $525,000

Limited English-Speaking Students Program........................ $5,921,681

Drug Free School (Federal) ...................................... $11,504,934

Transition Program for Refugees .................................... $100,000

Emergency Immigrant Education Program ............................ $156,657

Title II Math/Science Grant (Federal) ............................. $4,353,819

Robert C. Byrd Scholarship (Federal) ................................ $253,000

Health Insurance--Non-Cert. Personnel and Retired Teachers....... $67,167,892

Pre-School Handicapped Program ................................ $11,525,312

Mentor Teachers ................................................... $750,000

Serve America ..................................................... $370,103

Pre-Kindergarten Program ..................................

$2,593,489

Duty-Free Lunch.................................................... $--0--

Total Funds Budgeted ......................................... $3,514,777,937

Indirect DOAS Services Funding ............................... $340,000

State Funds Budgeted ......................................... $3,070,839,691

Education Functional Budgets Total Funds

State Funds

State Administration

$ 5,109,930 $ 4,467,589

Instructional Services

$ 19,567,448 $ 13,911,368

Governor's Honors Program

$ 1,164,392 $ 1,027,999

Administrative Services

$ 18,116,039 $ 12,913,117

Special Services

$ 6,111,660 $ 2,401,299

Professional Practices Commission

$

825,869 $

825,869

Local Programs

$ 3,448,044,454 $ 3,020,465,705

Georgia Academy for the Blind

$ 4,805,938 $ 4,577,545

Georgia School for the Deaf

$ 6,655,903 $ 6,414,720

Atlanta Area School for the Deaf

$ 4,376,304 $ 3,834,480

Total

$ 3,514,777,937 $ 3,070,839,691

MONDAY, FEBRUARY 8, 1993

Section 20. Employees' Retirement System. Budget Unit: Employees' Retirement System Personal Services. ....................... Regular Operating Expenses Travel ................................. Motor Vehicle Purchases................. Equipment ............................. Computer Charges ...................... Real Estate Rentals ..................... Telecommunications ..................... Per Diem, Fees and Contracts Benefits to Retirees ..................... Total Funds Budgeted ................... State Funds Budgeted ...................

Section 21. Forestry Commission. Budget Unit: Forestry Commission ............. Personal Services. ........................... Regular Operating Expenses.................. Travel ..................................... Motor Vehicle Purchases..................... Equipment ................................. Computer Charges .......................... Real Estate Rentals ......................... Telecommunications ......................... Per Diem, Fees and Contracts ................ Ware County Grant ......................... Ware County Grant for Southern Forest World Ware County Grant for Road Maintenance ... Capital Outlay .............................. Total Funds Budgeted ....................... State Funds Budgeted .......................

Forestry Commission Functional Budgets Total Funds

Reforestation

1,732,084

Field Services

31,436,473

General Administration and Support

3,987,313

Total

37,155,870

Section 22. Georgia Bureau of Investigation. Budget Unit: Georgia Bureau of Investigation Personal Services. ........................ Regular Operating Expenses Travel .................................. Motor Vehicle Purchases.................. Equipment .............................. Computer Charges ....................... Real Estate Rentals ...................... Telecommunications ...................... Per Diem, Fees and Contracts ............. Evidence Purchased ......... Capital Outlay ........................... Total Funds Budgeted .................... Total State Funds Budgeted ..............

233
$250,000 $1,536,309
$225,800 . . . $13,500 . . . $--0-- . $13,015 . . $438,573 . $242,000 . . $23,812 $1,139,380 ... $--0-- $3,632,389 . . $250,000
. $31,930,436 . $26,965,436
$5,329,085 .... $155,845 ... $964,884 . . $1,650,000 ... $144,250
$46,740 . $1,007,600
$617,925 ..... $24,500 ...... $4,900 .... $60,000 . . . . $184,705 . $37,155,870
$31,930,436
State Funds
11,265
28,571,868
3,347,303
31,930,436
$36,198,566 $28,057,897 . $2,695,667 . . . $472,761 . $789,008 . . $776,610 . $1,488,692 $1,967,522 . . . $679,317 $1,025,256 . . . $390,711
$451,000 $38,794,441 $36,198,566

234

JOURNAL OF THE SENATE

Georgia Bureau of Investigation Functional Budgets Total Funds

Administration

3,356,564

Drug Enforcement

9,060,867

Investigative

11,308,271

Georgia Crime Information Center

6,797,812

Forensic Sciences

8,270,927

Total

38,794,441

State Funds 3,356,564 8,050,962 10,743,181 6,371,490 7,676,369 36,198,566

Section 23. Office of the Governor. Budget Unit: Office of the Governor ................................ $24,419,087 Personal Services................................................ $12,442,847 Regular Operating Expenses......................................... $907,086 Travel ............................................................ $242,531 Motor Vehicle Purchases............................................. $--0-- Equipment ......................................................... $63,139 Computer Charges ................................................. $647,937 Real Estate Rentals ................................................ $970,338 Telecommunications ................................................ $325,138 Per Diem, Fees and Contracts .................................... $41,937,128 Cost of Operations ............................................... $2,865,310 Mansion Allowance ................................................ $40,000 Governor's Emergency Fund ...................................... $3,154,000 Intern Stipends and Travel ......................................... $152,280 Art Grants of State Funds ........................................ $2,627,357 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 ................ $728,540 Georgia Crime Victims Assistance Program ........................... $100,000 Grants to Local Systems ............................................ $503,500 Grants--Local EMA .............................................. $1,044,200 Grants--Other ...................................................... $--0-- Grants--Civil Air Patrol ............................................. $40,000 Grants--Disaster .................................................... $--0-- Total Funds Budgeted ........................................... $70,525,067 State Funds Budgeted ........................................... $24,419,087

Office of the Governor Functional Budgets Total Funds

State Funds

Governor's Office

$ 6,211,590 $ 6,211,590

Commission on Equal Opportunity

$

844,724 $

734,724

Office of Planning and Budget

$ 5,574,680 $ 5,574,680

Council for the Arts

$ 3,510,188 $ 2,974,510

Office of Consumer Affairs

$ 2,208,907 $ 2,208,907

State Energy Office

$ 29,914,244 $

295,902

Vocational Education Advisory Council

$

243,297 $

91,147

Office of Consumers' Utility Council

$

523,605 $

523,605

Criminal Justice Coordinating Council

$ 11,930,191 $

343,412

Children and Youth Coordinating Council

$ 1,775,402 $

495,402

MONDAY, FEBRUARY 8, 1993

235

Human Relations Commission Governor's Commission on Drug Awareness
and Prevention Professional Standards Commission Georgia Emergency Management Agency Office of State Olympic Coordination Total

$

206,567 $

206,567

$

411,445 $

--0--

$ 3,371,360 $ 3,371,360

$ 3,498,867 $ 1,087,281

$

300,000 $

300,000

$ 70,525,067 $ 24,419,087

Section 24. Department of Human Resources. A. Budget Unit: Departmental Operations........................... $554,940,314
1. General Administration and Support Budget: Personal Services................................................ $42,420,443 Regular Operating Expenses....................................... $1,889,111 Travel .......................................................... $1,160,886 Motor Vehicle Purchases............................................ $863,000 Equipment ......................................................... $96,052 Real Estate Rentals ............................................. $4,484,397 Per Diem, Fees and Contracts ....................................... $697,789 Computer Charges ................................................. $877,000 Telecommunications ................................................ $645,969 Special Purpose Contracts .......................................... $307,485 Service Benefits for Children ..................................... $19,153,867 Purchase of Service Contracts .................................... $30,196,885 Institutional Repairs and Maintenance ................................ $59,455 Postage ........................................................... $939,821 Payments to DMA-Community Care .............................. $13,213,121 Total Funds Budgeted .......................................... $117,005,281 Indirect DOAS Services Funding .................................... $412,600 State Funds Budgeted ........................................... $70,918,201

General Administration and Support Functional Budgets

Total Funds

State Funds

Commissioner's Office

$

737,000 $

737,000

Budget Administration

$

1,979,593 $

1,979,593

Office of Children and Youth

$ 19,153,867 $ 18,631,822

Administrative Support Services

$ 16,034,637 $ 15,068,537

Facilities Management

$ 5,046,140 $ 3,499,255

Administrative Appeals

$ 1,587,761 $ 1,587,761

Regulatory Services--Program Direction and Support

$

584,783 $

574,783

Child Care Licensing Health Care Facilities Regulation

$ 2,709,605 $ 2,709,605 $ 6,210,964 $ 1,849,067

Fraud and Abuse

$ 5,823,352 $

792,241

Financial Services

$ 5,279,758 $ 5,079,758

Auditing Services

$

1,747,275 $

1,747,275

Personnel Administration

$

1,736,257 $

1,736,257

Indirect Cost

$

--0-- $ (7,766,215)

Public Affairs

$

398,942 $

398,942

Aging Services

$ 46,520,589 $ 20,897,762

State Health Planning Agency

$

1,454,758 $

1,394,758

Total

$ 117,005,281 $ 70,918,201

236

JOURNAL OF THE SENATE

2. Public Health Budget: Personal Services................................................ $46,781,952 Regular Operating Expenses...................................... $69,848,568 Travel ............................................................ $890,347 Motor Vehicle Purchases............................................. $40,000 Equipment ......................................................... $95,566 Real Estate Rentals .............................................. $1,088,038 Per Diem, Fees and Contracts ..................................... $4,040,921 Computer Charges ................................................. $689,083 Telecommunications ................................................ $697,336 Crippled Children's Benefits. ...................................... $7,739,825 Kidney Disease Benefits ............................................ $308,000 Cancer Control Benefits .......................................... $2,928,130 Benefits for Medically Indigent High-Risk Pregnant Women and Their Infants .................................................... $950,000 Family Planning Benefits ........................................... $515,602 Crippled Children's Clinics .......................................... $640,000 Special Purpose Contracts .......................................... $654,009 Purchase of Service Contracts .................................... $10,875,141 Grant-In-Aid to Counties ........................................ $74,210,729 Institutional Repairs and Maintenance ................................ $29,700 Postage ........................................................... $133,686 Grants for Regional Maternal and Infant Care ........................ $747,761 Total Funds Budgeted .......................................... $223,904,394 Indirect DOAS Services Funding .................................... $549,718 State Funds Budgeted .......................................... $113,229,449

Public Health Functional Budgets Total Funds

State Funds

District Health Administration

$ 10,998,587 $ 10,868,912

Newborn Follow-Up Care

$ 1,014,010 $

738,855

Dental Health

$ 1,354,336 $ 1,144,161

Stroke and Heart Attack Prevention

$

1,921,067 $

1,391,067

Sickle Cell, Vision and Hearing

$ 3,422,136 $ 3,027,407

High-Risk Pregnant Women and Infants

$ 5,363,033 $ 5,251,033

Sexually Transmitted Diseases

$ 3,639,862 $

296,020

Family Planning

$ 6,974,039 $ 3,869,875

Malnutrition Grant in Aid to Counties

$ 71,297,675 $

--0--

$ 49,011,370 $ 46,346,054

Children's Medical Services

$ 12,616,713 $ 7,616,713

Emergency Health

$ 2,942,492 $ 1,885,944

Primary Health Care

$ 1,641,238 $ 1,269,250

Epidemiology

$

639,048 $

473,560

Immunization

$

794,646 $

--0--

Community Tuberculosis Control

$ 2,454,914 $ 1,987,934

Maternal and Child Health Management

$

987,912 $

663,163

Infant and Child Health Maternal Health--Perinatal

$

1,329,405 $

506,479

$ 2,511,353 $ 1,601,605

Chronic Disease

$ 1,031,530 $ 1,031,530

MONDAY, FEBRUARY 8, 1993

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 Drug and Clinic Supplies Adolescent Health Public Health--Planning Councils Public Health--Division Indirect Cost Total

498,922 3,958,331
809,745 322,420 1,624,636 1,758,251 720,797 922,953 5,296,984 3,108,063 339,338 6,778,097 9,954,417 2,823,605 2,870,878 171,591
--0--
223,904,394

3. Rehabilitation Services Budget: Personal Services.................... Regular Operating Expenses.......... Travel ............................. Motor Vehicle Purchases............. Equipment ......................... Real Estate Rentals ................. Per Diem, Fees and Contracts ........ Computer Charges .................. Telecommunications ................. Case Services ....................... E.S.R.P. Case Services ............... Special Purpose Contracts ........... Purchase of Services Contracts ..... Institutional Repairs and Maintenance Utilities ............................ Postage ............................ Total Funds Budgeted ............... Indirect DOAS Services Funding ... State Funds Budgeted ...............

Rehabilitation Services Functional Budgets Total Funds

District Field Services

37,894,528

Independent Living

596,298

Bobby Dodd Workshop

457,965

Sheltered Employment

1,604,916

Community Facilities

6,748,653

State Rehabilitation Facilities

6,712,772

Diversified Industries of Georgia

756,765

237
498,922 3,828,701
612,520 322,420 1,491,035 1,539,222 497,979 749,036 5,176,984 1,228,650 250,701 3,300,102 696,591 1,865,229 1,816,778 155,071 (770,054) 113,229,449
. $62,837,150 . $10,416,531 .... $800,674 ..... $45,100
$331,676 . . $3,551,681
$4,930,167 . $1,719,009
$1,456,893 . $17,377,092 . . . . . $27,000 .... $593,500 . . $7,991,975 . . $139,000 ... $892,620 ... $510,068 $113,620,136 .... $100,000
$19,816,102
State Funds 8,057,978 389,540 131,761 778,829 2,636,328 1,299,599

238

JOURNAL OF THE SENATE

Program Direction and Support Grants Management Disability Adjudication Georgia Factory for the Blind Roosevelt Warm Springs Institute Total

$ 3,180,222 $ 1,201,178

$

602,613 $

602,613

$ 23,841,138 $

-- 0--

$ 11,613,444 $

765,429

$ 19,610,822 $ 3,952,847

$ 113,620,136 $ 19,816,102

4. Family and Children Services Budget: Personal Services. ...................... Regular Operating Expenses ............. Travel ................................ Motor Vehicle Purchases ............ Equipment ............................ Real Estate Rentals .................... Per Diem, Fees and Contracts ...... Computer Charges ..................... Telecommunications ................... Children's Trust Fund ................. Cash Benefits .................. Special Purpose Contracts ........ Service Benefits for Children ..... Purchase of Service Contracts Postage .............................. Grants to County DFACS--Operations . Total Funds Budgeted ................. Indirect DOAS Services Funding ....... State Funds Budgeted .....

Family and Children Services Functional Budgets Total Funds

Director's Office

$

363,168

Social Services

$ 3,065,140

Administrative Support

$ 5,588,224

Quality Assurance

$ 3,650,549

Community Services

$ 11,091,750

Field Management

$

1,207,894

Human Resources Management

$

1,665,126

Public Assistance

$ 23,008,256

Child Support Recovery

$ 39,269,890

AFDC Payments

$ 456,268,372

SSI - Supplemental Benefits

$

100

Refugee Programs

$ 2,799,421

Energy Benefits

$ 8,665,581

County DFACS Operations--Eligibility

$ 98,713,966

County DFACS Operations--Social Services

$ 73,828,638

Food Stamp Issuance

$ 2,769,480

County DFACS Operations--Homemakers Services

$ 7,199,934

County DFACS Operations--Joint and Administration

$ 47,958,249

. $37,632,181 . . $3,369,889 ......... $651,453 .......... $--0-- ......... $227,655 ....... $1,856,861 ..... $9,464,103 ...... $21,938,065 ....... $2,118,333 ....... $1,126,134 . . . . . $466,879,474 ....... $3,703,926 ... $112,192,901 . $14,518,920 ....... $3,142,475 . . . . . $233,896,918 . . . . . $912,719,288 ...... $2,565,582 . $350,976,562

State Funds

$

363,168

$ 3,065,140

$ 4,493,755

$ 3,650,549

$

941,219

$ 1,207,894

$ 1,497,727

$ 9,862,797

$ 3,406,848

$ 173,362,394

$

100

$

-- 0--

$

-- 0--

$ 49,298,280

$ 25,322,660

$

-- 0--

$ 1,769,007

$ 21,480,589

MONDAY, FEBRUARY 8, 1993

239

County DFACS Operations--Employability Program
Employability Benefits Legal Services Family Foster Care Institutional Foster Care Specialized Foster Care Adoption Supplement Day Care Outreach - Contracts Special Projects Children's Trust Fund Commission Indirect Cost Total

$ 6,196,131

$ 13,988,947

$ 1,730,874

$ 32,309,023

$ 5,586,136

$ 2,074,927

$ 6,453,207

$ 54,857,157

$

144,817

$ 1,012,316

$ 1,252,015

$

--0--

$ 912,719,288

$ 2,353,667

$ 5,457,000

$ 1,275,316

$ 21,964,287

$ 4,437,334

$ 1,969,337

$ 4,530,793

$ 14,915,359

$

144,817

$

988,714

$ 1,252,015

$ (8,034,204)

$ 350,976,562

Budget Unit Object Classes: Personal Services............................................... $189,671,726 Regular Operating Expenses...................................... $85,524,099 Travel .......................................................... $3,503,360 Motor Vehicle Purchases............................................ $948,100 Equipment ........................................................ $750,949 Real Estate Rentals ............................................. $10,980,977 Per Diem, Fees and Contracts .................................... $19,132,980 Computer Charges .............................................. $25,223,157 Telecommunications .............................................. $4,918,531 Crippled Children's Benefits. ...................................... $7,739,825 Kidney Disease Benefits ............................................ $308,000 Cancer Control Benefits .......................................... $2,928,130 Benefits for Medically Indigent High-Risk Pregnant Women and Their Infants ................................................ $950,000 Family Planning Benefits ........................................... $515,602 Case Services ................................................... $17,377,092 E.S.R.P. Case Services ............................................... $27,000 Crippled Children's Clinics .......................................... $640,000 Children's Trust Fund ............................................ $1,126,134 Cash Benefits .................................................. $466,879,474 Special Purpose Contracts ........................................ $5,258,920 Service Benefits for Children .................................... $131,346,768 Purchase of Service Contracts .................................... $63,582,921 Grant-In-Aid to Counties ........................................ $74,210,729 Institutional Repairs and Maintenance ............................... $228,155 Utilities ........................................................... $892,620 Postage ......................................................... $4,726,050 Payments to DMA-Community Care .............................. $13,213,121 Grants for Regional Maternal and Infant Care ........................ $747,761 Grants to County DFACS - Operations........................... $233,896,918

B. Budget Unit: Community Mental Health/Mental Retardation and Institutions ................................................ $413,561,428 Personal Services............................................ $341,508,994 Regular Operating Expenses...................................... $35,937,623 Travel ............................................................ $283,053 Motor Vehicle Purchases............................................ $420,000

240

JOURNAL OF THE SENATE

Equipment ............................... ...................... $1,772,651

Computer Charges ......................... ...................... $4,066,700

Real Estate Rentals ........................ ........................ $234,554

Telecommunications ........................ ...................... $2,348,900

Per Diem, Fees and Contracts ............... ...................... $8,149,039

Utilities ................................... ..................... $11,469,056

Authority Lease Rentals ................

....................... $714,900

Institutional Repairs and Maintenance .... ...................... $1,724,700

Substance Abuse Community Services ...... ..................... $42,737,596

Mental Retardation Community Services ... ..................... $91,067,922

Mental Health Community Services ......... ..................... $21,876,993

Community Mental Health Center Services . . ..................... $56,092,683

Special Purpose Contract .................. ........................ $272,118

Total Funds Budgeted ..................... .................... $620,677,482

Indirect DOAS Services Funding ........... ...................... $2,404,100

State Funds Budgeted ..................... .................... $413,561,428

Community Mental Health/Mental Retardation and Institutional Functional Budgets

Total Funds

State Funds

Southwestern State Hospital

$ 40,512,868

24,418,556

Brook Run

$ 30,820,338

10,788,238

Georgia Mental Health Institute

$ 32,567,161

25,235,922

Georgia Regional Hospital at Augusta Northwest Regional Hospital at Rome

$ 23,923,914 $ 30,092,197

19,918,233 22,000,759

Georgia Regional Hospital at Atlanta

$ 30,435,255

20,993,416

Central State Hospital

$ 136,507,219

80,635,141

Georgia Regional Hospital at Savannah

$ 24,842,773

18,563,294

Gracewood State School and Hospital

$ 46,848,380

20,726,768

West Central Georgia Regional Hospital

$ 22,916,873

17,500,655

Outdoor Therapeutic Program

$ 3,462,612

2,593,738

Mental Health Community Assistance

$ 10,233,627

10,057,319

Mental Retardation Community Assistance

$ 4,786,953

2,939,056

Day Care Centers for Mentally Retarded Supportive Living

$ 69,881,100 $ 21,536,590

42,145,100 17,262,697

Georgia State Foster Grandparents/Senior Companion Program

$

702,484

702,484

Project Rescue

$

516,969

516,969

Drug Abuse Contracts

$

1,090,072

1,090,072

Community Mental Health Center Services

$ 56,092,683

47,370,568

Project ARC

$

379,214

379,214

Metro Drug Abuse Centers

$ 1,406,231

1,210,731

Group Homes for Autistic Children Project Friendship

$

280,748

$

340,403

280,748 340,403

Community Mental Retardation Staff

$ 4,099,727

4,099,727

Community Mental Retardation Residential Services

$ 15,536,164 $ 15,536,164

Contract with Clayton County Board of Education for Autistic Children

$

90,900 $

90,900

MONDAY, FEBRUARY 8, 1993

241

MH/MR/SA Administration Total

$ 10,774,027 $ 620,677,482

$ 6,164,556 $ 413,561,428

Section 25. Department of Industry and Trade. Budget Unit: Department of Industry and Trade .................... $15,729,790 Personal Services................................................. $7,791,692 Regular Operating Expenses....................................... $1,343,815 Travel ............................................................ $244,217
Motor Vehicle Purchases............................................. $59,760 Equipment ......................................................... $53,769 Computer Charges ................................................. $106,285 Real Estate Rentals ................................................ $843,733 Telecommunications ................................................ $203,076
Per Diem, Fees and Contracts ....................................... $676,248 Local Welcome Center Contracts .................................... $126,910 Advertising and Cooperative Advertising ........................... $4,240,985
Georgia Ports Authority Lease Rentals ............................. $1,445,000 Historic Chattahoochee Commission Contract .......................... $--0-- Georgia Council for International Visitors ............................. $--0-- Waterway Development in Georgia ................................... $24,500 Contract--Georgia Association of Broadcasters ......................... $--0-- Southern Center for International Studies ............................. $--0--
Lanier Regional Watershed Commission ................................ $9,800 Capital Outlay ...................................................... $--0--
Total Funds Budgeted ........................................... $17,169,790 State Funds Budgeted ........................................... $15,729,790

Department of Industry and Trade Functional Budgets Total Funds

State Funds

Administration

$ 8,370,075 $ 7,550,075

Economic Development

$ 4,441,686 $ 4,281,686

Tourism

$ 4,358,029 $ 3,898,029

Total

$ 17,169,790 $ 15,729,790

Section 26. Department of Insurance. Budget Unit: Department of Insurance.............................. $14,293,756 Personal Services................................................ $11,775,443 Regular Operating Expenses......................................... $706,912 Travel ............................................................ $394,214 Motor Vehicle Purchases............................................. $40,500 Equipment ........................................................ $280,880 Computer Charges ................................................. $653,502 Real Estate Rentals ................................................ $611,762 Telecommunications ................................................ $286,025 Per Diem, Fees and Contracts ....................................... $150,000 Health Care Utilization Review ....................................... $--0-- Total Funds Budgeted ........................................... $14,899,238 State Funds Budgeted ........................................... $14,293,756

Department of Insurance Functional Budgets Total Funds

State Funds

Internal Administration

$ 4,570,910 $ 4,570,910

Insurance Regulation

$ 5,562,035 $ 5,562,035

Industrial Loans Regulation

$

477,115 $

477,115

Fire Safety and Mobile Home Regulations

$ 4,289,178 $ 3,683,696

Total

$ 14,899,238 $ 14,293,756

242

JOURNAL OF THE SENATE

Section 27. Department of Labor. Budget Unit: Department of Labor .................................. $6,455,582 Personal Services................................................ $62,661,235 Regular Operating Expenses....................................... $5,183,747 Travel .......................................................... $1,060,000 Motor Vehicle Purchases............................................. $--0-- Equipment ........................................................ $470,063 Computer Charges ............................................... $3,812,046 Real Estate Rentals .............................................. $1,379,108 Telecommunications .............................................. $1,263,770 Per Diem, Fees and Contracts (JTPA) ............................ $67,264,698 Per Diem, Fees and Contracts ..................................... $2,870,657 W.I.N. Grants ...................................................... $--0-- Payments to State Treasury....................................... $1,774,078 Capital Outlay ................................................... $2,130,000 Total Funds Budgeted .......................................... $149,869,402 State Funds Budgeted ............................................ $6,455,582

Department of Labor Functional Budgets Total Funds

State Funds

Executive Offices/Administrative Services

$ 22,577,652 $ 3,748,276

Employment and Training Services

$ 127,291,750 $ 2,707,306

Total

$ 149,869,402 $ 6,455,582

Section 28. Department of Law. Budget Unit: Department of Law.................................... $8,727,304 Personal Services. ................................................ $8,184,253 Regular Operating Expenses......................................... $335,425 Travel ............................................................. $84,057 Motor Vehicle Purchases............................................. $--0-- Equipment .......................................................... $4,030 Computer Charges ................................................. $149,533 Real Estate Rentals ................................................ $462,926 Telecommunications ................................................. $92,080 Per Diem, Fees and Contracts ........................................ $30,000 Books for State Library............................................. $110,000 Total Funds Budgeted ............................................ $9,452,304 State Funds Budgeted ............................................ $8,727,304

Section. 29. Department of Medical Assistance. A. Budget Unit: Medicaid Services ................................. $960,305,837
Personal Services................................................ $12,919,198 Regular Operating Expenses....................................... $3,273,421 Travel ............................................................ $104,200 Motor Vehicle Purchases............................................. $--0-- Equipment ......................................................... $48,176 Computer Charges .............................................. $16,926,286 Real Estate Rentals ................................................ $935,973 Telecommunications ................................................ $401,058 Per Diem, Fees and Contracts .................................... $56,408,982 Medicaid Benefits, Penalties and Disallowances .................. $2,413,356,054 Payments to Counties for Mental Health .......................... $43,767,828 Audit Contracts .................................................... $772,500 SFY 1992 Medicaid Benefits, Penalties and Disallowances.......... $222,957,982 Total Funds Budgeted ......................................... $2,771,871,658 State Funds Budgeted .......................................... $960,305,837

MONDAY, FEBRUARY 8, 1993

243

Medical Assistance Functional Budgets Total Funds

Commissioner's Office

$

905,927

Benefits, Penalties and Disallowances

$ 2,680,081,864

Community Services

$

1,067,418

Systems Management

$ 18,713,573

Professional Services

$ 2,198,326

Program Compliance

$ 4,570,579

Institutional Policy and Reimbursement

$ 6,488,687

Maternal and Child Health

$

482,950

Operations

$ 57,362,334

Total

$ 2,771,871,658

State Funds 448,817
944,231,236 379,647
5,277,579 909,852
1,730,418 3,606,486
137,939 3,583,863 960,305,837

B. Budget Unit: Indigent Trust Fund................................ $90,578,050 Per Diem, Fees and Contracts ........................................ $--0-- Benefits ............................... $238,866,166 Total funds Budgeted .......................................... $238,866,166 State Funds Budgeted ........................................... $90,578,050

Section 30. Merit System of Personnel Administration. Budget Unit: Merit System of Personnel Administration .................. $--0-- Personal Services................................................. $7,511,814 Regular Operating Expenses....................................... $1,679,552 Travel ............................................................. $81,440 Motor Vehicle Purchases............................................. $37,805 Equipment ........................................................ $912,524 Per Diem, Fees and Contracts .................................... $92,116,066 Computer Charges ............................................... $3,301,983 Telecommunications ................................................ $283,826 Health Insurance Payments ..................................... $701,835,729 Total Funds Budgeted .......................................... $807,760,739 Other Agency Funds................................................. $80,897 Agency Assessments ............................................. $10,019,257 Employee and Employer Contributions ........................... $797,526,054 Deferred Compensation ............................................. $134,531 State Funds ........................................................ $--0--

Merit System Functional Budgets Total Funds

Commissioner's Office

1,703,261

Applicant Services

2,685,972

Classification and Compensation

1,294,061

Flexible Benefits

1,285,149

Employee Training and Development

1,305,848

Health Insurance Administration

27,259,286

State Funds --0-- --0-- --0-- --0-- --0-- --0--

Health Insurance Claims Internal Administration

769,635,934 2,591,228

--0--

Total

807,760,739

244

JOURNAL OF THE SENATE

Section 31. Department of Natural Resources.

A. Budget Unit: Department of Natural Resources .................... $59,258,781

Personal Services................................................ $59,515,856

Regular Operating Expenses...................................... $11,499,043

Travel ............................................................ $384,234

Motor Vehicle Purchases.......................................... $1,614,659

Equipment ...................................................... $2,098,805

Real Estate Rentals .............................................. $4,164,903

Per Diem, Fees and Contracts ..................................... $1,089,506

Computer Charges ................................................. $794,950

Telecommunications ................................................ $996,057

Authority Lease Rentals ............................................ $147,440

Advertising and Promotion .......................................... $150,000

Cost of Material for Resale ....................................... $2,450,000

Capital Outlay:

New Construction ................................................ $503,703

Repairs and Maintenance ......................................... $2,228,500

Land Acquisition Support........................................... $330,000

Wildlife Management Area Land Acquisition ......................... $585,000

Shop Stock--Parks ................................................. $270,000

User Fee Enhancements .......................................... $1,129,000

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 ............................................... $234,330

Recreation .......................................................... $--0--

Contracts:

Georgia Special Olympics .......................................... $49,000

Georgia Sports Hall of Fame ......................................... $--0--

Technical Assistance Contract ....................................... $106,513

Corps of Engineers (Cold Water Creek State Park) .................... $170,047

Georgia Rural Water Association ...................................... $9,800

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

$2,448,394

Georgia Boxing Commission ........................................... $5,000

Total Funds Budgeted ........................................... $94,593,212

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 ........................................... $59,258,781

Department of Natural Resources Functional Budgets Total Funds

State Funds

Internal Administration

6,611,382

2,225,234

Parks, Recreation and Historic Sites

34,677,361

17,833,561

Coastal Resources

1,669,991

1,563,491

Game and Fish

28,251,643

24,024,491

Environmental Protection

23,382,835

13,612,004

Total

94,593,212

59,258,781

MONDAY, FEBRUARY 8, 1993

245

B. Budget Unit: Georgia Agricultural Exposition Authority ................ $--0-- 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

State Funds

Georgia Agricultural Exposition Authority

$ 3,668,450 $

--0--

Section 32. Department of Public Safety. A. Budget Unit: Department of Public Safety ........................ $82,419,028
1. Operations Budget: Personal Services................................................ $47,389,536 Regular Operating Expenses....................................... $6,793,660 Travel ............................................................ $113,000 Motor Vehicle Purchases.......................................... $2,391,120 Equipment ........................................................ $504,520 Computer Charges .................................................. $--0-- Real Estate Rentals .................................................. $7,735 Telecommunications ................................................ $602,000 Per Diem, Fees and Contracts ....................................... $194,150 State Patrol Posts Repairs and Maintenance.......................... $150,000 Capital Outlay ...................................................... $--0-- Total Funds Budgeted ........................................... $58,145,721 Indirect DOAS Service Funding ..................................... $150,000 State Funds Budgeted ........................................... $57,995,721
2. Driver Services Budget: Personal Services................................................ $18,102,456 Regular Operating Expenses....................................... $1,928,201 Travel ............................................................. $22,000 Motor Vehicle Purchases............................................. $25,000 Equipment ........................................................ $155,700 Computer Charges ............................................... $3,607,000 Real Estate Rentals ................................................. $39,600 Telecommunications ................................................ $590,000 Per Diem, Fees and Contracts ........................................ $85,350 Capital Outlay ...................................................... $--0-- Conviction Reports ................................................. $290,000 State Patrol Posts Repairs and Maintenance........................... $30,000 Drivers License Processing ........................................ $1,048,000 Total Funds Budgeted ........................................... $25,923,307 Indirect DOAS Service Funding ................................... $1,500,000 State Funds Budgeted ........................................... $24,423,307

Public Safety Functional Budgets Total Funds

State Funds

Administration

$ 11,446,055 $ 11,446,055

Driver Services

$ 25,923,307 $ 24,423,307

246

JOURNAL OF THE SENATE

Field Operations Total

$ 46,699,666 $ 46,549,666 $ 84,069,028 $ 82,419,028

B. Budget Unit: Units Attached for Administrative Purposes Only . . . . . $12,768,516 1. Attached Units Budget: Personal Services................................................. $6,843,024 Regular Operating Expenses....................................... $2,500,836 Travel ............................................................. $91,200 Motor Vehicle Purchases............................................. $--0-- Equipment ........................................................ $101,720 Computer Charges ................................................. $377,000 Real Estate Rentals ................................................ $100,821 Telecommunications ................................................ $142,000 Per Diem, Fees and Contracts ....................................... $572,840 Peace Officers Training Grants .................................... $3,016,149 Capital Outlay ...................................................... $--0-- Total Funds Budgeted ........................................... $13,745,590 State Funds Budgeted ........................................... $12,475,528 2. Office of Highway Safety Budget: Personal Services................................................... $468,615 Regular Operating Expenses.......................................... $43,742 Travel ............................................................. $10,828 Motor Vehicle Purchases............................................. $--0-- Equipment .......................................................... $3,096 Computer Charges .................................................. $37,600 Real Estate Rentals ................................................. $75,078 Telecommunications .................................................. $3,670 Per Diem, Fees and Contracts ........................................ $74,012 Highway Safety Grants ........................................... $3,500,000 Total Funds Budgeted ............................................ $4,216,641 State Funds Budgeted .............................................. $292,988

Attached Units Functional Budgets Total Funds

State Funds

Office of Highway Safety

$ 4,216,641 $

292,988

Georgia Peace Officers Standards and Training

$ 4,895,730 $ 4,895,730

Police Academy

$

1,159,276 $

859,216

Fire Academy

$

1,044,905 $

964,905

Georgia Firefighters Standards and Training Council

$

397,332 $

397,332

Georgia Public Safety Training Facility

$ 6,248,347 $ 5,358,345

Total

$ 17,962,231 $ 12,768,516

Section 33. Public School Employees' Retirement System. Budget Unit: Public School Employees' Retirement System ............ $9,622,000 Payments to Employees' Retirement System .......................... $472,000 Employer Contributions .......................................... $9,150,000 Total Funds Budgeted ............................................ $9,622,000 State Funds Budgeted ............................................ $9,622,000

Section 34. Public Service Commission. Budget Unit: Public Service Commission ............................. $8,240,248 Personal Services................................................. $6,055,926 Regular Operating Expenses......................................... $387,583 Travel ............................................................ $165,442 Motor Vehicle Purchases............................................ $133,328

MONDAY, FEBRUARY 8, 1993

247

Equipment ......................................................... $10,682 Computer Charges .............................................. $400,600 Real Estate Rentals ................................................ $321,189 Telecommunications ................................................ $122,366 Per Diem, Fees and Contracts ..................................... $2,098,115 Total Funds Budgeted ............................................ $9,695,231 State Funds Budgeted ............................................ $8,240,248

Administration Transportation Utilities Total

Public Service Commission Functional Budgets Total Funds
$ 1,520,898 $ 3,091,378 $ 5,082,955 $ 9,695,231

State Funds $ 1,520,898 $ 1,750,117 $ 4,969,233 $ 8,240,248

Section 35. Board of Regents, University System of Georgia. A. Budget Unit: Resident Instruction ............................... $800,775,892
Personal Services: Educ., Gen., and Dept. Svcs..................................... $912,491,091 Sponsored Operations .......................................... $127,868,149
Operating Expenses: Educ., Gen., and Dept. Svcs..................................... $211,894,841 Sponsored Operations .......................................... $130,027,723 Special Funding Initiative......................................... $5,656,519 Office of Minority Business Enterprise ............................... $300,346 Special Desegregation Programs ..................................... $327,618 Forestry Research .................................................. $281,769 Research Consortium ............................................. $1,550,000 Capital Outlay .................................................. $19,930,103 Total Funds Budgeted ......................................... $1,410,328,159 Departmental Income............................................ $35,145,666 Sponsored Income.............................................. $258,453,106 Other Funds ................................................... $312,926,195 Indirect DOAS Services Funding .................................. $3,027,300 State Funds Budgeted .......................................... $800,775,892
B. Budget Unit: Regents Central Office and Other Organized Activities..................................................... $136,572,782
Personal Services: Educ., Gen., and Dept. Svcs..................................... $229,830,296 Sponsored Operations ........................................... $71,769,222 Operating Expenses: Educ., Gen., and Dept. Svcs................................... $126,848,743 Sponsored Operations ......................................... $38,685,565 Fire Ant and Environmental Toxicology Research ...................... $--0-- Agricultural Research............................................. $1,851,062 Advanced Technology Development Center ......................... $1,537,913 Capitation Contracts for Family Practice Residency ................. $2,582,707 Residency Capitation Grants ...................................... $2,390,499 Student Preceptorships ............................................. $146,403 Mercer Medical School Grant ..................................... $5,194,000 Capital Outlay - ETMH ......................................... $17,400,000 Center for Rehabilitation Technology .............................. $1,686,906 SREB Payments ................................................. $8,160,050 Medical Scholarships ............................................. $1,101,055 Regents Opportunity Grants ........................................ $552,720 Regents Scholarships ............................................... $184,240

248

JOURNAL OF THE SENATE

Rental Payments to Georgia Military College ......................... $808,908

CRT Inc. Contract at Georgia Tech Research Institute ................ $206,780

Direct Payments to the Georgia Public Telecommunications Commission

for Operations ................................................ $6,203,236

Total Funds Budgeted .......................................... $517,140,305

Departmental Income................................................ $--0--

Sponsored Income.............................................. $112,271,263

Other Funds ................................................... $267,740,560

Indirect DOAS Services Funding

$555,700

State Funds Budgeted ....................................... $136,572,782

Regents Central Office and Other Organized Activities Functional Budgets Total Funds

State Funds

Marine Resources Extension Center Skidaway Institute of Oceanography

$

1,706,531

3,568,530

1,169,743 1,355,342

Marine Institute

1,303,980

853,257

Georgia Tech Research Institute

127,675,519

11,709,917

Education Extension Services

7,302,905

2,009,167

Agricultural Experiment Station

47,848,067

30,987,555

Cooperative Extension Service

41,644,325

24,988,513

Eugene Talmadge Memorial Hospital

242,606,023

27,679,204

Veterinary Medicine Experiment Station

2,419,303

2,419,303

Veterinary Medicine Teaching Hospital

2,486,322

449,604

Joint Board of Family Practice Georgia Radiation Therapy Center

11,072,440 2,295,254

11,072,440 --0--

Athens and Tifton Veterinary Laboratories Regents Central Office

3,276,299 21,934,807

45,745 21,832,992

Total

517,140,305

136,572,782

C. Budget Unit: Georgia Public Telecommunications Commission 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 36. Department of Revenue. Budget Unit: Department of Revenue .............. 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 .........................

$79,886,570 $50,496,965 $4,329,794 . $1,370,575 .... $62,745
$551,124 $12,180,702 . $2,646,528 $1,023,411 . $1,591,243 . $4,550,926 .... $--0--
. $2,439,610 $3,313,844 $84,557,467

MONDAY, FEBRUARY 8, 1993

249

Indirect DOAS Services Funding .... State Funds Budgeted ...............

Department of Revenue Functional Budgets Total Funds

Departmental Administration

$ 8,974,065

Internal Administration

$ 10,451,987

Electronic Data Processing

$ 9,446,504

Field Services

$ 17,483,129

Income Tax Unit

$ 7,786,460

Motor Vehicle Unit

$ 15,317,389

Central Audit Unit

$ 6,899,238

Property Tax Unit

$ 3,935,931

Sales Tax Unit

$ 4,215,912

State Board of Equalization

$

46,852

Total

$ 84,557,467

....... $3,845,000 ...... $79,886,570

State Funds

$ 8,974,065

$ 10,251,987

$ 8,631,304

$ 17,183,129

$ 7,086,460

$ 14,017,389

$ 6,899,238

$ 2,910,034

$ 3,886,112

$

46,852

$ 79,886,570

Section 37. 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

$ 3,153,195

Archives and Records

$ 4,368,619

Business Services and Regulation

$ 4,235,404

Elections and Campaign Disclosure

$ 1,536,087

Drugs and Narcotics

$

968,286

State Ethics Commission

$

269,339

State Examining Boards

$ 8,132,329

Total

$ 22,663,259

..... $22,163,259 ...... $14,948,849 ....... $2,187,541 ........ $176,350 ......... $208,000 ......... $169,387 ......... $964,815 ....... $2,277,620 ......... $303,710 ......... $776,987 ......... $650,000
. $22,663,259 ...... $22,163,259

State Funds

$ 3,013,195

$ 4,293,619

$ 4,140,404

$ 1,500,087

$

914,286

$

269,339

$ 8,032,329

$ 22,163,259

B. Budget Unit: Real Estate Commission Personal Services .................... Regular Operating Expenses .......... Travel ............................. Motor Vehicle Purchases ............. Equipment ........................ Computer Charges .................. Real Estate Rentals ................. Telecommunications .................

....... $1,754,416 ....... $1,027,392 ......... $153,500 .......... $15,000 .......... $11,000 .......... $12,000 ......... $263,074 ......... $113,700 .......... $24,000

250

JOURNAL OF THE SENATE

Per Diem, Fees and Contracts ....................................... $134,750 Total Funds Budgeted ............................................ $1,754,416 State Funds Budgeted ............................................ $1,754,416

Real Estate Commission Functional Budget State Funds

Cost of Operations

Real Estate Commission

1,754,416

1,794,416

Section 38. Soil and Water Conservation Commission. Budget Unit: Soil and Water Conservation Commission................ $1,643,494 Personal Services................................................... $885,630 Regular Operating Expenses......................................... $108,635 Travel ............................................................. $54,050 Motor Vehicle Purchases............................................. $--0-- Equipment ......................................................... $12,375 Computer Charges ................................................... $7,250 Real Estate Rentals ................................................. $53,377 Telecommunications ................................................. $15,920 Per Diem, Fees and Contracts ....................................... $705,914 County Conservation Grants ........................................ $416,768 Total Funds Budgeted ............................................ $2,259,919 State Funds Budgeted ............................................ $1,643,494

Section 39. Student Finance Commission. Budget Unit: Student Finance Commission .......................... $25,026,997 Personal Services................................................. $4,592,951 Regular Operating Expenses......................................... $397,661 Travel ............................................................. $81,800 Motor Vehicle Purchases............................................. $--0-- Equipment ......................................................... $18,500 Computer Charges ................................................. $366,027 Real Estate Rentals ................................................ $145,000 Telecommunications ................................................. $38,000 Per Diem, Fees and Contracts ........................................ $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 ........................................... $32,678,656 State Funds Budgeted ........................................... $25,026,997

Georgia Student Finance Commission Functional Budgets Total Funds

Internal Administration

$ 5,178,917 $

Higher Education Assistance Corporation

O

__A__

O

State Funds --0-- --0--

Georgia Student Finance Authority

$ 27,013,954 $ 24,541,212

Georgia Nonpublic Postsecondary Education Commission

$

485,785 $

485,785

Total

$ 32,678,656 $ 25,026,997

MONDAY, FEBRUARY 8, 1993

251

Section 40. Teachers' Retirement System. Budget Unit: Teachers' Retirement System................. Personal Services....................................... Regular Operating Expenses............................. Travel ................................................ Motor Vehicle Purchases................................ Equipment ............................................ Computer Charges ..................................... Real Estate Rentals .................................... Telecommunications .................................... Per Diem, Fees and Contracts ........................... Retirement System Members ............................ Floor Fund for Local Retirement Systems ................ Total Funds Budgeted .................................. State Funds Budgeted ..................................

$3,800,000 $3,404,588
$320,500
. $26,650 . . . . $3,200
$944,361 $315,500 . $63,014 . $320,000 -.$ $3,200,000 . . $600,000 $9,197,813 $3,800,000

Section 41. Department of Technical and Adult Education. Budget Unit: Department of Technical and Adult Education Personal Services....................................... Regular Operating Expenses............................. Travel ................................................ Motor Vehicle Purchases................................ Equipment ............................................ Computer Charges ..................................... Real Estate Rentals .................................... Telecommunications .................................... Per Diem, Fees and Contracts ........................... Personal Services-Institutions ........................... Operating Expenses-Institutions ......................... Capital Outlay ......................................... Quick Start Program ................................... Area School Program ................................... Regents Program ....................................... Adult Literacy Grants ................................. Total Funds Budgeted .................................. State Funds Budgeted ..................................

Functional Budgets Total Funds

Administration

5,770,315

Institutional Programs Total

146,491,095 152,261,410

$121,216,988 . . $3,586,821
. $357,303 .... $108,250 ..... $--0-- .... $17,000 . . . . $391,822 .... $454,619 ... $141,000 . . $713,500 . $85,856,410
$18,459,911 ..... $--0-- . . $5,815,340 . $23,268,933 . . $2,584,343
$10,506,158 $152,261,410 $121,216,988
State Funds
3,962,520
117,254,468
121,216,988

Section 42. Department of Transportation.

Budget Unit: Department of Transportation .............

$420,254,091

For public roads and bridges and for other transportation activities.

Personal Services.................................... ........... $223,456,977

Regular Operating Expenses.......................... ............ $58,998,174

Travel ............................................. ............. $1,555,799

Motor Vehicle Purchases............................. ............... $820,368

Equipment ......................................... .......... $5,187,002

Computer Charges .................................. ............. $5,088,058

Real Estate Rentals ................................. ............. $1,307,274

Telecommunications ................................. ............. $2,406,075

Per Diem, Fees and Contracts ........................ ............ $11,960,705

Capital Outlay ...................................... ............ $751,374,730

Capital Outlay--Airport Approach Aid and Operational Improvements $975,335

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Capital Outlay--Airport Development....................... Mass Transit Grants ...................................... Savannah Harbor Maintenance Payments ................... Spoilage Area Acquisition, Clearing, Preparation and Dike
Reconstruction .......................................... Total Funds Budgeted ..................................... State Funds Budgeted .....................................

... $850,000 . . . . $9,342,544 ...... $680,000
. $3,000,000 . $1,077,003,041 . $420,254,091

Department of Transportation Functional Budgets

Motor Fuel Tax Budget

Total Funds

Planning and Construction

$ 790,093,128

Maintenance and Betterments

$ 228,575,142

Facilities and Equipment

$ 8,689,580

Administration

$ 22,499,387

Total

$ 1,049,857,237

State Funds 166,253,128 217,175,142
8,039,580 21,919,387 413,387,237

General Funds Budget Paving at State and Local Schools and State
Institutions Air Transportation Inter-Modal Transfer Facilities Harbor Maintenance Activities Planning and Construction Total

Total Funds
--0-- 1,517,581 21,898,223 3,680,000
50,000 $ 27,145,804

State Funds
1,157,581 4,979,273
680,000 50,000 6,866,854

Section 43. Department of Veterans Service. Budget Unit: Department of Veterans Service ..................... 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 .........................................

$20,845,883 $4,343,151 . $109,725 .... $71,200 .... $ 0
. $83,100 .... $8,800
$233,487 ... $55,500 .... $23,000 $15,255,296
$6,033,934 . . . . $80,321 $26,297,514 $20,845,883

Veterans Service Functional Budgets Total Funds

Veterans Assistance

$ 4,856,463

Veterans Home and Nursing Facility--Milledgeville

$ 15,326,196

Veterans Nursing Home--Augusta

$ 6,114,855

Total

$ 26,297,514

State Funds $ 4,652,480
$ 11,805,918 $ 4,387,485 $ 20,845,883

Section 44. Workers' Compensation Board. Budget Unit: Workers' Compensation Board....................... . $9,343,742 Personal Services.............................................. $6,763,040 Regular Operating Expenses.................................... $308,220

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253

Travel ............................................................. $64,750 Motor Vehicle Purchases............................................. $--0-- Equipment ......................................................... $13,958 Computer Charges ................................................. $190,110 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 ............................................ $9,617,242 State Funds Budgeted ............................................ $9,343,742
Section 45. State of Georgia General Obligation Debt Sinking Fund. A. Budget Unit: State of Georgia General Obligation Debt Sinking Fund
State General Funds (Issued).................................... $312,420,349 Motor Fuel Tax Funds (Issued) .................................. $68,310,000
380,730,349 B. Budget Unit: State of Georgia General Obligation Debt Sinking Fund
State General Funds (New) ....................................... $6,307,710 Motor Fuel Tax Funds (New) ..................................... $--0--
6,307,710
Section 46. Provisions Relative to Section 3, Supreme Court. The appropriations in Section 3 (Supreme Court) of this Act are for the cost of operating the Supreme Court of the State of Georgia, including salaries and retirement contributions for Justices and the employees of the Court, including the cost of purchasing and distributing the reports (deci sions) of the appellate courts to Judges, District Attorneys, Clerks, and others as required by Code Section 50-18-31, and including Georgia's pro rata share for the operation of the National Center for State Courts.
Section 47. Provisions Relative to Section 4, Court of Appeals The appropriations in Section 4 (Court of Appeals) of this Act are for the cost of operating the Court of Appeals of the State of Georgia, including salaries and retirement contributions for judges and employ ees of the Court.
Section 48. Provisions Relative to Section 5, Superior Courts. The appropriations in Section 5 (Superior Courts) of this Act are for the cost of operating the Superior Courts of the State of Georgia, including the payment of Judges' salaries, the payment of mileage authorized by law and such other salaries and expenses as may be authorized by law; for the payment of salaries, mileage and other expenses as may be authorized by law for District Attorneys, Assistant District Attorneys, and District Attorneys Emeritus; for the cost of staffing and operating the Prosecuting Attorneys' Council created by Code Section 15-18-40, the Sentence Review Panel created by Code Section 17-10-6, the Council of Superior Court Judges, and the Judicial Administrative Districts created by Code Section 15-5-2, for the latter of which funds shall be allocated to the ten administrative districts by the Chairman of the Judicial Council; provided, however, of the funds appropriated in Section 5, $20,000 is designated and committed to permit Judges with fewer than ten years of experience to at tend the Judicial College.
Section 49. Provisions Relative to Section 6, Juvenile Courts. The appropriations in Section 6 (Juvenile Courts) are for the cost of operating the Council of Juvenile Court Judges created by Code Section 15-11-4.
Section 50. Provisions Relative to Section 7, Institute of Continuing Judicial Educa tion. The appropriations in Section 7 (Institute of Continuing Judicial Education) are for the cost of staffing and operating the Institute of Continuing Judicial Education and the Georgia Magistrate Courts Training Council created by Code Section 15-10-132.
Section 51. Provisions Relative to Section 8, Judicial Council. The appropriations in Section 8 (Judicial Council) of this Act are for the cost of operating the Judicial Council of

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the State of Georgia, the Administrative Office of the Courts and the Board of Court Re porting of the Judicial Council, and for payments to the Council of Magistrate Court Judges, the Council of Probate Court Judges and the Council of State Court Judges.
Section 52. Provisions Relative to Section 11, Department of Administrative Services. It is the intent of this General Assembly that the Department of Administrative Services develop a plan to centralize the mailing functions of state government and begin implemen tation of said plan by the Department or a contractor when feasible.
Section 53. Provisions Relative to Section 13, Department of Agriculture. Provided that of the appropriation to the Department of Agriculture, $85,000 is designated and com mitted for youth programs and activities.
Section 54. Provisions Relative to Section 15, Department of Children and Youth Services.
Section 55. Provisions Relative to Section 16, Department of Community Affairs. Pro vided, that the funds appropriated herein to the Georgia Environmental Facilities Authority for loans shall be available for nominal or no interest loans to counties, municipalities, local water or sewer authorities, boards or political subdivisions created by the General Assembly or pursuant to the Constitution and laws of the state for emergency-type water and sewer projects.
Section 56. Provisions Relative to Section 17, Department of Corrections. It is the in tent of the General Assembly that all State and Superior Court Judges assess a minimum $10.00 per month probation fee on all probation cases and excess fee revenue above that which is already budgeted shall be applied toward the lapse factor to fill unfunded proba tion positions and related costs.
It is the intent of this General Assembly that chaplains, teachers and librarians be em ployed by contract for all correctional institutions opened after July 1, 1991 when possible.
Provided, that the Department shall require the same qualifications for contract chap lains as that for classified merit system positions with the same job duties.
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 57. Provisions Relative to Section 19, State Board of Education--Department of Education. The formula calculation for Quality Basic Education funding assumes a base unit cost of $1,653.98. 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

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student instructional day to each interdisciplinary team of teachers responsible for instruc tion in language arts, mathematics, science and social studies, and which meet criteria and standards prescribed by the State Board of Education for middle school programs.
Provided, that of the above appropriations relative to Regional Educational Service Agencies (RESAs), funds will be allocated to each RESA for SPY 1993 on the basis of oneeighteenth of the total appropriation for each Regional Development Commission Area served, subject to the provisions that each RESA has implemented the State Board of Edu cation's policy concerning the composition of the Board of Control of each RESA, has im plemented the uniform statewide needs program, and has the commitments of each antici pated member system to contribute at least the same equivalent amount during SPY 1993 that it contributed during SPY 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 Department of Education accumulate empirically-based date 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 58. Provisions Relative to Section 20, Employees' Retirement System. 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 59. Provisions Relative to Section 21, Forestry Commission. It is the intent of the General Assembly that the Walker Nursery remain open.

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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 60. Provisions Relative to Section 23, Office of the Governor. The Governor's Office of Planning and Budget shall give prior approval for all publications, other than De partmental internal forms.

Section 61. Provisions Relative to Section 24, 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

Standards of Need

Maximum Monthly Amount

1

$235

$155

2

356

235

3

424

280

4

500

330

5

573

378

6

621

410

7

672

444

8

713

470

9

751

496

10

804

530

11

860

568

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.

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It is the intent of this General Assembly that no funds directed to the Department of Veterans Services for payments to Central State Hospital shall be redirected or used by the Department of Human Resources for any function other than the Veterans Nursing Home at Central State Hospital.
Provided, the department is authorized to transfer Personal Services surpluses, not to exceed $275,000 at each of the MH/MR/SA institutions to insure sufficient funding for agency contracted nursing services. Such transfers shall not require prior budgetary approval.
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.
It is the intent of this General Assembly that the Department of Human Resources use existing funds to purchase meningitis vaccines.
It is the intent of this General Assembly that existing funds be utilized to complete the expansion of the Clayton County DFACS office.
Section 62. Provisions Relative to Section 28, Law Department. Provided, the depart ment is authorized to use other funds for upgrading computer systems.
Section 63. Provisions Relative to Section 29, Department of Medical Assistance. There is hereby appropriated to the Department of Medical Assistance a specific sum of money equal to all the moneys contributed to the Indigent Care Trust Fund created pursu ant to Article 6 of Chapter 8 of Title 31. The sum of money is appropriated for all of those purposes for which such moneys may be appropriated pursuant to Article 6, and may be used to match federal funds which are available for such purposes.
Nothing contained in this Act shall be construed so as to prevent the Department of Medical Assistance from reimbursing for community services provided to the mentally re tarded eligible for Medicaid.
The Department of Medical Assistance is authorized to use existing funds to adjust dispensing fees on high-cost drugs.
The Department is authorized to use existing funds for coverage of Occupational Ther apy Service in Home Health Services.
Section 64. Provisions Relative to Section 30, 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 employer 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 employer 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 65. Provisions Relative to Section 31, 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.

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Provided that of the funds appropriated herein for Historic Preservation Grants, distri bution thereof shall be pro rata among those Regional Development Centers which employ Preservation Planners as of July, 1991.
Provided, that to the extent State Parks and Historic Sites receipts are realized in ex cess of the amount of such funds contemplated in this Act, the Office of Planning and Budget is authorized to use 50 percent of the excess receipts to supplant State funds and 50 percent may be amended into the budget of the Parks, Recreation and Historic Sites Divi sion for the most critical needs of the Division. This provision shall not apply to revenues collected from a state parks parking pass implemented by the Department.
Section 66. Provisions Relative to Section 32, 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 67. Provisions Relative to Section 35, 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 68. Provisions Relative to Section 37, Secretary of State. Provided, that of the funds appropriated for Occupational Certification, $75,000 is authorized for board member participation at conferences related to professional regulation.
Provided, that the funds appropriated herein for the State Ethics Commission, no more than $5,000 may be used to increase the compensation for an existing position as of March 1, 1992, and all other funds shall be used for the purposes of employing additional staff and/ or operational funds for the State Ethics Commission.
Section 69. Provisions Relative to Section 41, 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 70. Provisions Relative to Section 42, 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

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259

to determine the collection of Motor Fuel Tax in the immediately preceding year less re funds, rebates and collection costs and enter this amount as being the appropriation payable in lieu of the Motor Fuel Tax Funds appropriated in Section 41 of this Bill, in the event such collections, less refunds, rebates and collection costs, exceed such Motor Fuel Tax Appropriation.
e.) Functions financed with General Fund appropriations shall be accounted for sepa rately and shall be in addition to appropriations of Motor Fuel Tax revenues required under Article III, Section IX, Paragraph VI, Subsection (b) of the State Constitution.
f.) Bus rental income may be retained to operate, maintain and upgrade departmentowned buses, and air transportation service income may be retained to maintain and up grade the quality of air transportation equipment.
g.) State funds for any airport development project shall not exceed local funds for such project, except for airports owned by the State of Georgia.
h.) Income derived from the sale of intermodal aircraft may be retained to finance the expansion of the state aircraft facility at Charlie Brown Airport, provided further, income derived from leasing department-owned aircraft facilities may be retained for use in the department's aviation program.
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 $481,697,237 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 71. 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 72. 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.

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Section 73. Each and every agency, board, commission, and authority receiving appro priations in this Act shall procure and utilize only the most economical and cost-effective motor vehicles suitable for the purpose and shall develop and enforce stringent regulations relating to the use of motor vehicles owned, leased, or rented by the State, including provi sions that employees authorized to utilize State vehicles for commuting to and from work shall not use State vehicles except for official State business. Except as otherwise specifically authorized by this body, utilization of State motor vehicles for commuting to and from work should only be authorized in rare and unusual circumstances requiring frequent and regular use of such State vehicles in official State business under conditions precluding obtaining a State vehicle from a State facility in a normal manner.
The State Auditor shall make the utilization of motor vehicles, xerographic equipment and telephonic equipment a matter of special interest in future audits to insure strict com pliance with the intent of this General Assembly.
Section 74. To the extent to which Federal funds become available in amounts in ex cess of those contemplated in this Appropriations Act, such excess Federal funds shall be applied as follows, whenever feasible:
First, to supplant State funds which have been appropriated to supplant Federal funds, which such supplanted State funds shall thereupon be removed from the annual operating budgets; and
Second, to further supplant State funds to the extent necessary to maintain the effec tive matching ratio experienced in the immediately preceding fiscal year, which such sup planted State funds shall thereupon be removed from the annual operating budgets.
The Office of Planning and Budget shall utilize its budgetary and fiscal authority so as to accomplish the above stated intent to the greatest degree feasible. At the end of this fiscal year, said Office of Planning and Budget shall provide written notice to the members of the Appropriations Committees of the Senate and House of Representatives of the in stances of noncompliance with the stated intent of this Section.
A nonprofit contractor, as defined in Chapter 20 of Title 50, which contracts to receive any public funds appropriated in this Act shall comply with all provisions of Chapter 20 of Title 50 and shall, in addition, deposit copies of each filing required by Chapter 20 of Title 50 with the chairmen of the House and Senate Appropriations Committees and with the Legislative Budget Office, at the same time as the filings required under Chapter 20 of Title 50. Any nonprofit entity which receives a grant of any public funds appropriated in this Act without entering into a contractual arrangement shall likewise, as a condition of such grant, comply with the provisions of Chapter 20 of Title 50 in the same manner as a state contrac tor and shall likewise file copies of required filings with the chairmen of the House and Senate Appropriations Committees.
Section 75. 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 76. 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 77. No State appropriations authorized under this Act shall be used to con tinue programs currently funded entirely with Federal funds.
Section 78. In accordance with the requirements of Article IX, Section VI, Paragraph la of the Constitution of the State of Georgia, as amended, there is hereby appropriated payable to each department, agency, or institution of the State sums sufficient to satisfy the payments required to be made in each year, under existing lease contracts between any department, agency, or institution of the State, and any authority created and activated at

MONDAY, FEBRUARY 8, 1993

261

the time of the effective date of the aforesaid constitutional provision, as amended, or ap propriated for the State fiscal year addressed within this Act. If for any reason any of the sums herein provided under any other provision of this Act are insufficient to make the required payments in full, there shall be taken from other funds appropriated to the depart ment, agency or institution involved, an amount sufficient to satisfy such deficiency in full and the lease payment constitutes a first charge on all such appropriations.
Section 79. (a.) All expenditures and appropriations made and authorized under this Act shall be according to the programs and activities as specified in the Governor's recom mendations contained in the Budget Report submitted to the General Assembly at the 1993 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 80. Wherever in this Act the terms "Budget Unit Object Classes" or "Com bined Object Classes For Section" are used, it shall mean that the object classification fol lowing such term shall apply to the total expenditures within the Budget Unit or combina tion of budget units within a designated section, respectively, and shall supersede the object classification shown in the Governor's Budget Report.
For budget units within the Legislative Branch, all transfers shall require prior ap proval of at least eight members of the Legislative Services Committee in a meeting of such Committee, except that no approval shall be required for transfers within the Senate Func tional Budget or the House Functional Budget.
Section 81. There is hereby appropriated a specific sum of Federal grant funds, said specific sum being equal to the total of the Federal grant funds available in excess of the amounts of such funds appropriated in the foregoing sections of this Act, for the purpose of supplanting appropriated State funds, which State funds shall be thereupon be unavailable for expenditure unless re-appropriated by the Georgia General Assembly. This provision shall not apply to project grant funds not appropriated in this Act.
Section 82. Provisions Relative to Section 45, State of Georgia General Obligation Debt Sinking Fund. The debt-service amounts listed below are hereby appropriated for debt service on new issues of general obligation bonds, the principal amount of which shall not exceed those listed thereby, to be used for projects and purposes listed thereby.

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A.) Maturities not to exceed two hundred forty months. Principal Amount

Facilities for the Board of Regents

12,765,000

Deepening of the Savannah Harbor--Georgia Ports Authority (Industry, Trade and Tourism)

32,480,000

Public road, bridge or navigational facilities for the Department of Transportation

4,000,000

Public road and bridge facilities for the Department of Transportation

15,000,000

B.) Maturities not to exceed sixty months.

Planning and Design of Building for the State Department of Defense

$ 50,000

Debt Service 1,250,970
3,183,040 392,000
1,470,000
$ 11,700

Section 82.1. The constitutionally elected official, appointed departmental commis sioner, or otherwise designated chief officer of each budget unit in the Appropriations Act shall develop a system for reporting to the Fiscal Affairs Subcommittees of the House and Senate recommendations on all programs subject to continuing appropriations where the department feels an appropriate review may cause savings or efficiencies or repeal of said program from future continuing appropriations. The Fiscal Affairs Subcommittees shall re port to the membership of the General Assembly, within one week of the convening of each annual meeting of the General Assembly, a list of all programs brought to the Fiscal Affairs Subcommittees as well as actions recommended, if any, by the Fiscal Affairs Subcommittees of the General Assembly. It is the expressed intent of the General Assembly to seek, in a positive environment, recommendations from those charged with managing the appropria tions of state funds, ways to economize and make the operations of the government more efficient. It is further the intention of the General Assembly to seek constructive advice on those programs which no longer merit continuing appropriation, or those programs which, through merger with other operations, may result in a positive reduction in the expenditures of state government.
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 (Hospital) to defease all undefeased outstanding bonds of the Georgia Building Authority (Hospital).
Section 84. TOTAL STATE FUND APPROPRIATIONS State Fiscal Year 1993 .......................................... $8,251,716,454 (Including $90,578,050 in Indigent Trust Fund)
Section 85. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 86. All laws and parts of laws in conflict with this Act are repealed."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

Senator Garner of the 30th, President Pro Tempore, assumed the Chair.

On the adoption of the substitute, the yeas were 45, nays 0, and the substitute was adopted.

MONDAY, FEBRUARY 8, 1993

263

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:

Abernathy Alien Balfour Baugh Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cheeks Clay Coleman Crotts Dawkins Day Dean Edge

Egan Farrow Gillis Gochenour Harbison Hemmer Henson Hill Hooks Huggins Isakson Kemp Langford of 35th Langford of 29th Madden Marable Middleton Newbill

Oliver Perdue Pollard Ragan of llth Ragan of 32nd Ralston Ray Robinson Scott Slotin Starr Taylor Thomas Thompson Turner Tysinger Walker

Voting in the negative was Senator Glanton.

Not voting were Senators Garner (presiding) and Parrish.

On the passage of the bill, the yeas were 53, nays 1.

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

Senator Dawkins of the 45th moved that HB 121 be immediately transmitted to the House.

On the motion, the yeas were 42, nays 1; the motion prevailed, and HB 121 was imme diately transmitted to the House.

The President resumed the Chair.

Lieutenant Governor Howard introduced Honorable Sam Nunn, U. S. Senator from Georgia, who briefly addressed the Senate.

Senator Boshears of the 6th introduced the doctor of the day, Dr.Bruce Sharpe, of Alma, Georgia.

The President announced that the Senate would stand in recess from 12:18 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.

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

SB 25. By Senators Thomas of the 10th and Walker of the 22nd:
A bill to amend Article 2 of Chapter 26 of Title 43 of the Official Code of Georgia Annotated, relating to licensed practical nurses, so as to change a definition; to change the provisions relating to application for licensure and the qualifications related thereto; to change the provisions relating to issuance of licenses and re quirements relating to examinations; to change the provisions relating to licenses by endorsement; to provide for temporary permits.

The Senate Committee on Health and Human Services offered the following amendment:

Amend SB 25 by striking Section 3 beginning on line 3 of page 3 and inserting in lieu thereof a new Section 3 to read as follows:
"Section 3. Said article is further amended by striking Code Section 43-26-37, relating to issuance of a license upon passing an examination and requirements for admission to subsequent examinations, and inserting in lieu thereof a new Code Section 43-26-37 to read as follows:
'43-26-37. (a) Any applicant who meets the license requirements stated in Code Section 43-26-36 or subsection (b) of Code Section 43-26-38 and passes the required exam may be issued a license to practice as a licensed practical nurse.
(b) An applicant who faila the examination twice shall be required to present satisfac tory evidence to the board that aueh applicant has completed a board approved review course in nursing before such applicant is admitted to a third examination and each aubacqucnt examination. Eifective July 1, 1995, an applicant who has not passed the examination within five years from the date of eligibility of such applicant to take the licensure examina tion as determined by the board shall be required to complete successfully a regular fulltime board approved practical nursing program before such applicant is admitted to another examination. Upon completion of the program, an application may be made for licensure as a new applicant
(c) An applicant who ha3 not paoacd the examination within three ycoro of completion of the approved qualifying program shall be required to obtain full training in a regular full time, board approved practical nursing program before such applicant ia admitted to an other examination. Upon completion of the program, an application may be made for licenaurc aa a new applicant.'"

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:

Balfour Baugh Blitch Boshears Bowen Broun of 46th Brown of 26th

Cheeks Clay Coleman Crotts Day Dean Egan

Farrow Garner Gillis Glanton Gochenour Harbison Henson

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265

Hill Huggins Isakson Kemp Langford of 29th Madden Marable
Middleton

Newbill Oliver Perdue Pollard Ragan of llth Ragan of 32nd Ralston
Ray

Robinson Scott slotin ot Btarr Taylor Thomas
Tysinger

Those not voting were Senators:

Abernathy Alien Burton Dawkins

Edge Hemmer Hooks Langford of 35th

Parrish Thompson Turner Walker

On the passage of the bill, the yeas were 44, nays 0.

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

SB 38. By Senators Cheeks of the 23rd and Taylor of the 12th:
A bill to amend Code Section 32-6-26 of the Official Code of Georgia Annotated, relating to the weight of a vehicle and load, so as to change the allowable meth ods for complying with the weight requirements.

Senator Egan of the 40th offered the following amendment:

Amend SB 38 as follows: On line 12 strike the words "can be" and substitute the words: "is, at the time and place of weighing,".

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 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:

Balfour Baugh Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cheeks Clay Coleman Crotts Dawkins Day Dean Edge

Egan Farrow Garner Gillis Glanton Gochenour Harbison Henson Hill Hooks Huggins Isakson Kemp Langford of 29th Madden Marable

Middleton Newbill Perdue Pollard Ragan of llth Ragan of 32nd Ralston Ray Robinson Scott Slotin Starr Taylor Thomas Turner Tysinger

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Those not voting were Senators:

Abernathy Alien Hemmer

Langford of 35th Oliver Parrish

Thompson Walker

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

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

SB 61. By Senators Dawkins of the 45th, Hooks of the 14th, Edge of the 28th and Ray of the 19th:
A bill to amend Code Section 43-9-16 of the Official Code of Georgia Annotated, relating to the scope of practice of chiropractors, so as to provide that chiroprac tors may utilize and recommend hot and cold packs and structural supports.

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

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

Those voting in the affirmative were Senators:

Balfour Baugh Blitch Boshears Bowen Broun of 46th Brown of 26th
CTMheeks
Coleman Crotts Dawkins D ay Dean Edge Egan Farrow

Garner Gillis Glanton Gochenour Harbison Hemmer Henson Hill Hooks Huggins Isakson Kemp Langford of 29th Madden Marable Middleton Newbill

Oliver Parrish Perdue Pollard Ragan of llth Ragan of 32nd Ralston Ray Robinson Scott Slotin Starr Taylor Thomas Thompson Turner Tysinger

Those not voting were Senators:

Abernathy Alien

Langford of 35th

Walker

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

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

SB 85. By Senator Pollard of the 24th:
A bill to amend Part 13 of Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to registration of liens for federal taxes, so as to provide that the clerk of superior court shall file, index, and record notices of federal tax liens, refilings of federal tax liens, notices or revocations of certificates

MONDAY, FEBRUARY 8, 1993

267

relating to liens on real property for taxes payable to the United States, or certif icates of discharge of federal tax liens.

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

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

Those voting in the affirmative were Senators:

Balfour Baugh Blitch Boshears Brown of 26th Burton Cheeks Clay Coleman Crotts Dawkins Day Dean Edge Egan Farrow Garner

Gillis Glanton Gochenour Harbison Hemmer Henson Hill Hooks Huggins Isakson Kemp Langford of 29th Madden Marable Middleton Newbill Oliver

Parrish Perdue Pollard Ragan of llth Ragan of 32nd Ralston Ray Robinson Scott Slotin Starr Taylor Thomas Thompson Turner Tysinger

Those not voting were Senators:

Abernathy Alien

Bowen Broun of 46th

Langford of 35th Walker

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

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

SB 89. By Senator Alien of the 2nd:
A bill to amend Chapter 1 of Title 45 of the Official Code of Georgia Annotated, relating to general provisions regarding public officers and employees, so as to authorize certain public employees to file complaints regarding the possible exis tence of any activity constituting fraud, waste, or abuse in or relating to any state operations or program.

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

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

Those voting in the affirmative were Senators:

Alien Balfour Baugh Blitch Boshears Bowen

Broun of 46th Brown of 26th Burton Cheeks Clay Crotts

Dawkins Day Dean Edge Egan Farrow

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Garner Gillis Glanton Gochenour Harbison Hemmer Henson Hill Hooks Huggins Isakson Kemp

Langford of 29th Madden Marable Middleton Newbill Oliver Parrish Perdue Pollard Ragan of llth Ragan of 32nd

Ralston Ray Robinson Scott Slotin Starr Taylor Thomas Thompson Turner Tysinger

Those not voting were Senators:

Abernathy Coleman

Langford of 35th

Walker

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

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

SB 90. By Senators Coleman of the 1st and Thompson of the 33rd:
A bill to amend Code Section 32-9-4 of the Official Code of Georgia Annotated, relating to designation of travel lanes and use of such lanes, so as to provide for penalties for violations of use by drivers of vehicles not authorized to operate in certain designated travel lanes; to amend Article 3 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to driving on the right side of the roadway, so as to provide for designation and use of travel lanes.

The Senate Committee on Transportation offered the following amendment:

Amend SB 90 by striking from line 32 of page 2 the following: "published", and inserting in lieu thereof the following: "punished".

On the adoption of the amendment, the yeas were 44, nays 0, and the amendment was adopted.

The report of the committee, which was favorable to the passage of the bill as 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 Balfour Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cheeks

Clay Coleman Crotts Dawkins Day Dean Edge Farrow Garner

Gillis Gochenour Harbison Hemmer Henson Hill Hooks Huggins Isakson

MONDAY, FEBRUARY 8, 1993

269

Kemp Langford of 29th Madden Marable Middleton Newbill Oliver Parrish

Perdue Pollard Ragan of llth Ragan of 32nd Ralston Ray Robinson

Slotin Starr Taylor Thomas Thompson Turner Tysinger

Voting in the negative were Senators Baugh and Glanton.

Those not voting were Senators:

Abernathy Egan

Langford of 35th Scott

Walker

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

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

SB 91. By Senators Coleman of the 1st and Thompson of the 33rd:
A bill to amend Title 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries, so as to provide that Department of Transporta tion enforcement officers may enforce all state laws and arrest any person on property owned or controlled by the State Tollway Authority; to provide for the collection of an administrative fee when recovering the nonpayment of a toll; to provide for fines for failure to pay tolls.

Senator Coleman of the 1st offered the following amendment:

Amend SB 91 by striking on page 3, line 26, the word "payment" and inserting in lieu thereof the word "pavement";
and
"evaBdey".striking on page 4, line 8, the word "evades" and inserting in lieu thereof the word

On the adoption of the amendment, the yeas were 46, nays 0, and the amendment was adopted.

Senator Thompson of the 33rd offered the following amendment:

Amend SB 91 by adding on page 4, line 24, the words, "license tag", between the words "vehicle" and "identification".

On the adoption of the amendment, the yeas were 40, nays 0, and the amendment was adopted.

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

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

Those voting in the affirmative were Senators:

Abernathy Alien

Balfour Baugh

Blitch Boshears

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Bowen

Harbison

Broun of 46th

Hemmer

Brown of 26th

Henson

Burton

Hill

Cheeks

Hooks

Huggins

Isakson

. JJ flwklns

Kemp Langford of 35th

pa^n

Langford of 29th

Edge

Madden

Farrow Garner

Marable Middleton

Gillis

Newbill

Glanton

Oliver

Gochenour

Parrish

Not voting was Senator Egan.

Perdue Pollard Ragan of llth Ragan of 32nd Ralston
Ray Robinson Scott Slotin
Starr Taylor
Thomas Thompson Turner Tysinger Walker

On the passage of the bill, the yeas were 55, nays 0.

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

SB 93. By Senators Coleman of the 1st and Thompson of the 33rd:
A bill to amend Code Section 32-9-5 of the Official Code of Georgia Annotated, relating to the Department of Transportation's authority to support ride-sharing programs, so as to enable the department to provide financial support for ridesharing programs; to provide an effective date.

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

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

Those voting in the affirmative were Senators:

Abernathy Alien Baugh Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cheeks Clay Coleman Crotts Dawkins Day Dean Edge Egan

Farrow Garner Gillis Glanton Gochenour Harbison Hemmer Henson Hill Hooks Huggins Isakson Kemp Langford of 35th Langford of 29th Madden Marable Middleton

Newbill Oliver Parrish Perdue Pollard Ragan of llth Ragan of 32nd Ralston Ray Robinson Scott Slotin Taylor Thomas Thompson Turner Tysinger Walker

Not voting were Senators Balfour and Starr.

MONDAY, FEBRUARY 8, 1993

271

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

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

SR 6. By Senators Garner of the 30th, Robinson of the 16th, Thompson of the 33rd and others:

A RESOLUTION

Proposing an amendment to the Constitution so as to provide that no law providing for or increasing any tax, fee, or assessment for state purposes shall become effective unless such law is approved by two-thirds of the members elected to each branch of the General Assembly in a roll-call vote; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. Article VII, Section I of the Constitution is amended by adding a new Para graph at the end thereof, to be designated Paragraph IV, to read as follows:

"Paragraph IV. Authorization of taxes, fees, and assessments. No law providing for or increasing any tax, fee, or assessment for state purposes shall become effective unless such law is approved by two-thirds of the members elected to each branch of the General Assem bly in a roll-call vote."

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 no law providing for or increasing any tax, fee, or assessment for state purposes shall become effective unless such law is approved by two-thirds of the members elected to each branch of the General Assembly in a roll-call vote?"

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:

Abernathy Alien Balfour Baugh Blitch Boshears Bowen Broun of 46th Burton Cheeks Clay

Coleman Crotts Dawkins Day Dean Edge Egan Farrow Garner Gillis Glanton

Gochenour Harbison Hemmer Henson Hill Hooks Huggins Isakson Kemp Langford of 35th Langford of 29th

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JOURNAL OF THE SENATE

Madden Marable Middleton Newbill Oliver Parrish Perdue
Pollard

Ragan of llth Ragan of 32nd Ralston Ray Robinson Scott Slotin

Starr Taylor Thomas Thompson Turner Tysinger Walker

Voting in the negative was Senator Brown of the 26th.

On the adoption of the resolution, the yeas were 55, nays 1.

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

SR 37. By Senators Clay of the 37th, Gochenour of the 27th, Edge of the 28th and others:
A resolution creating the Joint Committee on State and Local Bonded Indebtedness.

Senators Clay of the 37th, Edge of the 28th, Gochenour of the 27th and others, offered the following amendment:

Amend SR 37 by striking from line 21 of page 1 the following: "five",

and inserting in lieu thereof the following: "three".

By striking from line 22 of page 1 the following: "and five", and inserting in lieu thereof the following: ", three". By adding, following the word "Representatives" on line 24 of page 1, the following: ", and three members of the General Assembly to be appointed by the Governor".

On the adoption of the amendment, the yeas were 48, nays 0, and the amendment was adopted.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to as amended.

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

Those voting in the affirmative were Senators:

Abernathy Alien Balfour Baugh Blitch Boshears Bowen Broun of 46th

Brown of 26th Burton Cheeks Clay Coleman Crotts Dawkins Day

Dean Edge Egan Farrow Garner Gillis Glanton Gochenour

MONDAY, FEBRUARY 8, 1993

273

Harbison Hemmer Henson Hill Hooks Huggins Isakson Kemp Langford of 35th Langford of 29th Madden

Marable Middleton Newbill Oliver Perdue Pollard Ragan of llth Ragan of 32nd Ralston Ray

Robinson Scott Slotin Starr Taylor Thomas Thompson Turner Tysinger Walker

Not voting was Senator Parrish.

On the adoption of the resolution, the yeas were 55, nays 0.

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

SR 68. By Senator Dean of the 31st: A resolution designating the Judge W. A. Foster Jr., Bridge.

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

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

Those voting in the affirmative were Senators:

Alien Balfour Baugh Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cheeks Clay Coleman Crotts Day Dean Edge Egan Farrow

Garner Gillis Glanton Gochenour Harbison Hemmer Henson Hill Hooks Huggins Kemp Langford of 35th Langford of 29th Madden Marable Middleton Newbill Oliver

Parrish Perdue Pollard Ragan of llth Ragan of 32nd Ralston Ray Robinson Scott Slotin Starr Taylor Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Abernathy

Dawkins

Isakson

On the adoption of the resolution, the yeas were 53, nays 0.

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

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JOURNAL OF THE SENATE

SR 69. By Senator Dean of the 31st:
A resolution designating the Syble W. Brannan Parkway.
The Senate Committee on Transportation offered the following substitute to SR 69:
A RESOLUTION
Designating the Syble W. Brannan Parkway; and for other purposes.
WHEREAS, Syble W. Brannan served as a city commissioner of the City of Cedartown, Georgia, for eight years and as chairperson for two years; and
WHEREAS, she served the City of Cedartown proudly, faithfully, and with unselfish devotion in her elected position as city commissioner and chairperson; and
WHEREAS, the City of Cedartown, during her terms in office, purchased land, devel oped a new industrial park, built new recreational facilities and improved others, renovated Peek Forest Park, enlarged the waste treatment plant and installed additional treatment facilities, and improved and modernized other city services; and
WHEREAS, Syble W. Brannan was very instrumental in the aforementioned improve ments of this city, as well as in the formation of JEDCO, securing funds for the purchase and installation of Christmas lights on the main streets, and the development of city person nel policies; and
WHEREAS, she represented the City of Cedartown and its citizens well through her membership, leadership, and participation in various organizations: as chairperson of the Sarah Hightower Regional Library Board, president of GMA Seventh District, member of Cedartown Development Authority, member of Polk County Board of Health, liaison of the Cedartown Auditorium Commission, member of the Coosa Valley Area Planning and Devel opment Commission, and many others; and
WHEREAS, Syble W. Brannan engaged in these endeavors as the first female elected to the Cedartown City Commission while practicing the fine human qualities of honesty, integrity, and total loyalty to the City of Cedartown; and
WHEREAS, she was active all her life even to the days prior to her death on September 1, 1992; and
WHEREAS, it is only fitting that proper recognition be given to this extraordinary wo man of Cedartown, Georgia.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the road which constitutes The Cedartown Bypass (U.S. 27) beginning at its junction with the original route of U.S. 27 (now U.S. 27 Alt.) on the south side of Cedartown and running thence to its junction with the original route of U.S. 27 (now U.S. 27 Alt.) on the north side of Cedartown shall be designated as the Syble W. Brannan Parkway.
BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to place and maintain appropriate markers at appropriate locations designat ing said parkway as provided in this resolution.
BE IT FURTHER RESOLVED that the Secretary of the Senate is authorized and di rected to transmit an appropriate copy of this resolution to the commissioner of transportation.
On the adoption of the substitute, the yeas were 44, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the adoption of the resolution by substitute, was agreed to.

MONDAY, FEBRUARY 8, 1993

275

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

Those voting in the affirmative were Senators:

Abernathy Alien Balfour
Baugh Blitch Boshears
RBroWuenn of ,,46*t!h. BBruorwtonn of 26th Cheeks Qja Coleman Crotts Day Dean Edge Egan Farrow

Garner Gillis Glanton
Gochenour Harbison Hemmer
H,,.e,,nson ""loUok, s Huggins Isakson KemP Langford of 35th Langford of 29th Madden Marable Middleton Newbill

Oliver Parrish Perdue
Pollard Ragan of llth Ragan of 32nd
Rn alston ^ Rob.inson Scott Slotin Starr Taylor Thomas Thompson Turner Tysinger Walker

Not voting was Senator Dawkins.

On the adoption of the resolution, the yeas were 55, nays 0.

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

SR 115. By Senator Cheeks of the 23rd:
A resolution authorizing the granting of a nonexclusive easement for operation and maintenance of a telecommunications switching cabinet in, on, over, under, upon, across, or through property owned by the State of Georgia in Richmond County, Georgia; to provide an effective date.

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

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

Those voting in the affirmative were Senators:

Abernathy Alien Balfour Baugh Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cheeks Clay Coleman Crotts Dawkins

Day Dean Edge Egan Farrow Garner Gillis Glanton Gochenour Harbison Hemmer Henson Hill Hooks Huggins

Isakson Kemp Langford of 35th Langford of 29th Madden Marable Middleton Newbill Oliver Parrish Perdue Pollard Ragan of llth Ragan of 32nd Ralston

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JOURNAL OF THE SENATE

Ray Robinson Scott Slotin

Starr Taylor Thomas Thompson

Turner Tysinger Walker

On the adoption of the resolution, the yeas were 56, nays 0.

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

SR 118. By Senator Starr of the 44th:
A resolution authorizing the granting of nonexclusive easements for operation and maintenance of ingress and egress and utility facilities in, on, over, under, upon, across, or through property owned by the State of Georgia in Calhoun, Clinch, Fulton, and Hall Counties, Georgia; to provide an effective date.

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

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

Those voting in the affirmative were Senators:

Abernathy Alien Balfour Baugh Blitch Boshears Bowen Broun of 46th BBruorwtonn of 26th
Cheeks Clay Coleman Crotts Dawkins Day
Dean Edge Egan

Farrow Garner Gillis Glanton Gochenour Harbison Hemmer Henson HHoilol ks
Huggins Isakson Kemp Langford of 35th Langford of 29th Madden
Marable Middleton Newbill

Oliver Parrish Perdue Pollard Ragan of llth Ragan of 32nd Ralston R Ro**b.inson
btarr Taylor Thomas Thompson Turner Tysinger Walker

On the adoption of the resolution, the yeas were 56, nays 0.

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

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277

The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House:
HB 449. By Representatives Henson of the 65th, Polak of the 67th, Jones of the 71st, Turnquest of the 73rd, Baker of the 70th and others: A bill to amend an Act to create the DeKalb Ad Valorem Tax Survey Commis sion, so as to change the compensation of the commission; to change the time for the organizational meeting.
HB 453. By Representatives McBee of the 88th, Heard of the 89th and Scoggins of the 24th: A bill to repeal an Act to make permanent certain existing Clarke County paid staff positions within the Office of the District Attorney of the Western Judicial Circuit.
HB 457. By Representative Jamieson of the 22nd: A bill to provide for a Stephens County Board of Registrations and Elections.
HB 458. By Representatives Hart of the 116th and Padgett of the 119th: A bill to amend an Act relating to the compensation of the coroner of Burke County, so as to change the provisions relating to the compensation and expenses of the coroner.
HB 473. By Representatives Floyd of the 172nd, Tillman of the 173rd, Mosley of the 171st and Oliver of the 154th: A bill to amend an Act entitled "An Act creating the office of Tax Commissioner of Liberty County," so as to abolish the present mode of compensating said tax commissioner, known as the fee system; to provide in lieu thereof an annual salary.
HB 487. By Representatives Hammond of the 32nd and Cauthorn of the 35th: A bill to amend an Act reincorporating the City of Marietta in Cobb County, so as to provide for the millage rate, bonded indebtedness, and fiscal year of the City of Marietta Board of Education.
HB 450. By Representatives Henson of the 65th, Polak of the 67th, Jones of the 71st, Turnquest of the 73rd, Baker of the 70th 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.
HB 481. By Representatives Atkins of the 29th, Klein of the 39th, Towery of the 30th, Coker of the 31st and Vaughan of the 34th: A bill to provide a homestead exemption from Cobb County ad valorem taxes for county purposes in an amount equal to the amount of the assessed value of the

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homestead which exceeds the assessed value of that homestead for the 1991 taxa ble year for certain residents of that county who have annual incomes not ex ceeding $50,000.00 and who are 70 years of age or over.
The following bills of the House were read the first time and referred to committee:
HB 449. By Representatives Henson of the 65th, Polak of the 67th, Jones of the 71st and others: A bill to amend an Act to create the DeKalb Ad Valorem Tax Survey Commis sion, so as to change the compensation of the commission; to change the time for the organizational meeting.
Referred to Committee on Urban and County Affairs.
HB 450. By Representatives Henson of the 65th, Polak of the 67th, Jones of the 71st 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 453. By Representatives McBee of the 88th, Heard of the 89th and Scoggins of the 24th:
A bill to repeal an Act to make permanent certain existing Clarke County paid staff positions within the Office of the District Attorney of the Western Judicial Circuit. Referred to Committee on Urban and County Affairs.
HB 457. By Representative Jamieson of the 22nd: A bill to provide for a Stephens County Board of Registrations and Elections.
Referred to Committee on Urban and County Affairs.
HB 458. By Representatives Hart of the 116th and Padgett of the 119th: A bill to amend an Act relating to the compensation of the coroner of Burke County, so as to change the provisions relating to the compensation and expenses of the coroner.
Referred to Committee on Urban and County Affairs.
HB 473. By Representatives Floyd of the 172nd, Tillman of the 173rd, Mosley of the 171st and Oliver of the 154th: A bill to amend an Act entitled "An Act creating the office of Tax Commissioner of Liberty County," so as to abolish the present mode of compensating said tax commissioner, known as the fee system; to provide in lieu thereof an annual salary.
Referred to Committee on Urban and County Affairs.
HB 481. By Representatives Atkins of the 29th, Klein of the 39th, Towery of the 30th and others: A bill to provide a homestead exemption from Cobb County ad valorem taxes for county purposes in an amount equal to the amount of the assessed value of the

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279

homestead which exceeds the assessed value of that homestead for the 1991 taxa ble year for certain residents of that county who have annual incomes not ex ceeding $50,000.00 and who are 70 years of age or over.
Referred to Committee on Urban and County Affairs.

HB 487. By Representatives Hammond of the 32nd and Cauthorn of the 35th:
A bill to amend an Act reincorporating the City of Marietta in Cobb County, so as to provide for the millage rate, bonded indebtedness, and fiscal year of the City of Marietta Board of Education.
Referred to Committee on Urban and County Affairs.

The following general resolutions and bill of the Senate, favorably reported by the com mittees, were read the third time and put upon their adoption:

SR 119. By Senator Starr of the 44th:
A resolution authorizing the termination of that certain "Amendment to Leases" (Consolidated Lease) entered into on April 25, 1974, by and between the State of Georgia (State) acting through the Governor and the Secretary of State and by virtue of and pursuant to Resolution Act No. 119 enacted by the 1974 Regular Session of the Georgia General Assembly and approved by the Governor of the State of Georgia on March 28, 1974; to provide an effective date.

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

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

Those voting in the affirmative were Senators:

Abernathy Alien Balfour Baugh Blitch Boshears Bowen Broun of 46th BBruorwtonn of 26th
Cheeks Clay Coleman Crotts Dawkins Day Dean Edge Egan

Farrow Garner Gillis Glanton Gochenour Harbison Hemmer Henson HHiolol ks
Huggins Isakson Kemp Langford of 35th Langford of 29th Madden Marable Middleton Newbill

Oliver Parrish Perdue Pollard Ragan of nth R of 32nd Ralston R rRoab.inson
Starr Taylor Thomas Thompson Turner Tysinger Walker

On the adoption of the resolution, the yeas were 56, nays 0.

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

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SR 121. By Senators Coleman of the 1st and Alien of the 2nd:
A resolution granting a nonexclusive easement for planning, construction, instal lation, operation, maintenance, repair, and renourishment of a certain beach area in, on, over, under, upon, across, or through property owned or claimed by the State of Georgia in Chatham County, Georgia; to provide for related matters; to provide an effective date.

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

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

Those voting in the affirmative were Senators:

Abernathy Alien Balfour Baugh Blitch Bowen Broun of 46th Brown of 26th Burton Cheeks Clay Coleman Crotts Dawkins Day Dean Edge Egan

Farrow Garner Gillis Glanton Gochenour Harbison Hemmer Henson Hill Hooks Huggins Isakson Kemp Langford of 35th Langford of 29th Madden Marable Middleton

Newbill Oliver Parrish Perdue Pollard Ragan of llth Ragan of 32nd Ralston Ray Robinson Scott Slotin Starr Taylor Thomas Thompson Turner Walker

Voting in the negative was Senator Boshears.

Not voting was Senator Tysinger.

On the adoption of the resolution, the yeas were 54, nays 1.

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

SR 122. By Senator Walker of the 22nd:
A resolution authorizing the granting of a nonexclusive easement for operation and maintenance of overhead electrical transmission lines and towers in, on, over, under, upon, across, or through property owned by the State of Georgia in Burke County, Georgia; to provide an effective date.

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

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

Those voting in the affirmative were Senators:

Abernathy Alien Balfour

Baugh Blitch Boshears

Bowen Broun of 46th Brown of 26th

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281

Burton Cheeks Clay Coleman Crotts Day Dean Edge Egan Farrow Garner Gillis Glanton Gochenour Harbison

Hemmer Henson Hill Hooks Huggins Isakson Kemp Langford of 35th Langford of 29th Madden Marable Middleton Newbill Oliver Parrish

Perdue Pollard Ragan of llth Ragan of 32nd Ralston Ray Robinson Scott Slotin Starr Thomas Thompson Turner Tysinger Walker

Not voting were Senators Dawkins and Taylor.

On the adoption of the resolution, the yeas were 54, nays 0.

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

SB 53. By Senator Alien of the 2nd:
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.

Senator Edge of the 28th moved that SB 53 be postponed until February 9.

On the motion, the yeas were 51, nays 0; the motion prevailed, and SB 53 was post poned until February 9.

Senator Hemmer of the 49th requested that the following statement be shown in to day's Journal:

The State Senate Atlanta, Georgia 30334

TO:

Secretary of the Senate

FROM:

Jane Hemmer, District 49

SUBJECT: ROLL CALL VOTES ON SB 25 AND SB 38

Please make notation for the records that on February 8, 1993, I missed voting on the above mentioned legislation due to a conference with Governor Miller.

Senator Robinson of the 16th moved that the Senate do now adjourn until 9:15 o'clock A.M. tomorrow, and the motion prevailed.

At 3:00 o'clock P.M., the President announced the Senate adjourned until 9:15 o'clock A.M. tomorrow.

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Senate Chamber, Atlanta, Georgia Tuesday, February 9, 1993 Fourteenth Legislative Day
The Senate met pursuant to adjournment at 9:15 o'clock A.M. today and was called to order by the President.
Senator Huggins of the 53rd reported that the Journal of yesterday's proceedings had been read and found correct.
By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House:
HB 71. By Representative Holland of the 157th: A bill to amend Article 1 of Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions relative to the probate court, so as to provide for the service of a minor or an incapacitated adult by serving such per son's legal guardian or guardian ad litem.
HB 137. By Representative Royal of the 164th: A bill to amend Code Section 36-81-7 of the Official Code of Georgia Annotated, relating to audits of the financial affairs and transactions of certain local govern ments, so as to change the expenditure level with respect to the requirement of such audits.
HB 124. By Representative Reaves of the 178th: A bill to amend Title 2 of the Official Code of Georgia Annotated, relating to agriculture, so as to provide for a civil action for the disparagement of agricul tural or aquacultural food products or commodities.
HB 34. By Representative Childers of the 13th: A bill to amend Article 1 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to general provisions regarding registration and licensing of motor vehicles, so as to change the penalties imposed upon certain persons who operate vehicles without having required revalidation decals affixed to the license plates thereof.
HB 139. By Representative Wall of the 82nd: A bill to amend Part 1 of Article 3 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to wiretapping, eavesdropping, surveillance, and related offenses, so as to provide that it shall be unlawful for any person, mali ciously and without the consent of all parties to the communication, to intercept, receive, or assist in intercepting or receiving a communication transmitted be tween cellular radio telephones or between any cellular radio telephone and a landline telephone.

TUESDAY, FEBRUARY 9, 1993

283

HB 242. By Representatives Chambless of the 163rd and Watson of the 139th: A bill to amend Code Section 46-1-1 of the Official Code of Georgia Annotated, relating to definitions of terms used in Title 46 of the Official Code of Georgia Annotated, so as to exclude ambulances from the definition of the term "motor common carrier and motor contract carrier".
HB 400. By Representatives Skipper of the 137th, Childers of the 13th and Culbreth of the 132nd: A bill to amend Code Section, 43-39-7 of the Official Code of Georgia Annotated, relating to practicing psychology without a license, so as to provide that persons practicing psychology in certain positions shall not be required to possess a valid license.
HB 73. By Representatives Holland of the 157th, Ray of the 128th, Jenkins of the 110th and Reaves of the 178th: 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 93. By Representatives Ray of the 128th, Snow of the 2nd and Bates of the 179th: 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 enact the "Motorized Wheelchair Warranty Act".
HB 95. By Representatives Ray of the 128th, Snow of the 2nd, Carrell of the 87th and Bates of the 179th: 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 unauthorized interference with publicly provided trash or garbage containers; to prohibit the removal of any items from any container or facility provided by any county for the dumping of trash or garbage.
The House has adopted by the requisite constitutional majority the following resolu tions of the House:
HR 55. By Representatives Pinholster of the 15th, Stancil of the 16th and Harris of the 17th: A resolution commending Honorable Phillip M. Landrum and designating the Phillip M. Landrum Memorial Highway.
HR 88. By Representative Murphy of the 18th: A resolution designating the Veterans Memorial Highway.
HR 119. By Representatives Bargeron of the 120th and Harris of the 112th: A resolution commending Floyd L. Norton and designating the Floyd L. Norton Bridge.
The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:
SB 189. By Senator Egan of the 40th: A bill to amend Article 5 of Chapter 2 of Title 53 of the Official Code of Georgia Annotated, relating to legacies and devises, so as to provide that a guardian and

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any other fiduciary is authorized to renounce an interest on behalf of the ward, heir, beneficiary, or other person for whom the fiduciary is acting; to provide that a guardian need not have been appointed at the time of the transfer of the prop erty in order to renounce the interest in property transferred. Referred to Committee on Special Judiciary.
SB 190. By Senator Garner of the 30th:
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 regulation of roofing contractors; to provide for legislative purpose; to provide for definitions; to provide an exception; to provide for an additional Division of Roofing Contractors. Referred to Committee on Science, Technology and Industry.
SB 191. By Senators Taylor of the 12th, Turner of the 8th and Ragan of the llth:
A bill to amend Article 5 of Chapter 10 of Title 12 of the Official Code of Georgia Annotated, known as the "Historic Chattahoochee Compact Act," so as to change the method of selection of members of the commission; to change the criteria for selecting voting members in certain circumstances; to clarify the distinctions be tween members and voting members. Referred to Committee on Natural Resources.
SB 192. By Senators Taylor of the 12th, Henson of the 55th and Brown of the 26th:
A bill to amend Chapter 9 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia Building Authority, so as to define a certain term; to pro vide that such authority and all other state departments and agencies and au thorities shall purchase building materials and fixtures based on life cycle costs. Referred to Committee on Governmental Operations.
SB 193. By Senator Henson of the 55th:
A bill to amend Article 3 of Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to the selection of jurors, so as to change the method and manner in which certain jury lists are composed; to provide for duties and re sponsibilities of the Department of Public Safety, boards of education of inde pendent and county school systems, and the chief registrar of each county with respect to jury lists. Referred to Committee on Judiciary.
SB 194. By Senators Clay of the 37th and Thompson of the 33rd:
A bill to amend Article 3 of Chapter 5 of Title 44 of the Official Code of Georgia Annotated, relating to covenants and warranties, so as to provide an exception to the requirement that changes in covenants imposing greater restrictions shall be agreed to in writing by the owner of the affected property. Referred to Committee on Urban and County Affairs (General).
SB 195. By Senators Isakson of the 21st, Clay of the 37th, Ragan of the 32nd and Thompson of the 33rd:
A bill to provide a homestead exemption from Cobb County ad valorem taxes for county purposes in an amount equal to the amount of the assessed value of the homestead which exceeds the assessed value of the homestead for the taxable year immediately preceding the taxable year in which that exemption is first

TUESDAY, FEBRUARY 9, 1993

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granted to a resident for certain residents of that county who have annual in comes not exceeding $30,000.00 and who are 62 years of age or over. Referred to Committee on Urban and County Affairs.
SB 196. By Senators Oliver of the 42nd and Henson of the 55th:
A bill to amend Article 6 of Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to constables, clerk, and other court personnel, so as to pro vide for state court clerks to serve as clerk of magistrate court; to provide for compensation for such services. Referred to Committee on Judiciary.
SB 197. By Senators Oliver of the 42nd, Hemmer of the 49th and Marable of the 52nd:
A bill to amend Article 11 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to the Georgia Child Care Council, so as to provide for stag gered appointments of members of the council; to amend Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to programs and protection for children, so as to create the Georgia Child Care Council, so as to repeal the auto matic repealer of such Act. Referred to Committee on Youth, Aging and Human Ecology.
SB 198. By Senators Gochenour of the 27th, Glanton of the 34th, Crotts of the 17th 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 revocation of the driver's license or learner's permit of any person under the age of 18 who drops out of school or who is declared to be academically deficient; to provide for applicability. Referred to Committee on Special Judiciary.
SB 199. By Senators Ragan of the llth, Bowen of the 13th, Hooks of the 14th and others:
A bill to amend Code Section 43-30-1 of the Official Code of Georgia Annotated, relating to definitions affecting the regulation of the profession of optometry, so as to provide for the use of certain pharmaceutical agents by doctors of optometry. Referred to Committee on Health and Human Services.
SB 200. By Senators Taylor of the 12th, Henson of the 55th and Brown of the 26th:
A bill to amend Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to waste management, so as to enact the "Pollution Prevention Assis tance Act"; to provide for state policy with respect to priority for preventing pollution at the source; to define terms; to create the Office of Pollution Preven tion Assistance and provide for an office director, personnel, operations, powers, and duties; to provide for comprehensive planning. Referred to Committee on Natural Resources.
SB 201. By Senator Oliver of the 42nd:
A bill to amend Article 1 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, the "House Authorities Law," so as to change certain provisions re lating to the investment of funds of a housing authority; to change certain provi sions regarding the sale of bonds by a housing authority; to provide for an effec tive date. Referred to Committee on Health and Human Services.

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SB 202. By Senators Kemp of the 3rd, Robinson of the 16th and Garner of the 30th:
A bill to amend Chapter 14 of Title 48 of the Official Code of Georgia Annotated, relating to grants and special revenue disbursements, so as to define a certain term; to provide that counties in which lies a certain amount of unimproved state owned real property shall be entitled to receive a grant of funds based on the value of public services provided.
Referred to Committee on Finance and Public Utilities.
SB 203. By Senators Henson of the 55th, Robinson of the 16th, Garner of the 30th and others:
A bill to amend Chapter 1 of Title 28 of the Official Code of Georgia Annotated, relating to the General Assembly in general, so as to establish an administrative procedure for the profiling of proposed bills and resolutions prior to the conven ing of each legislative session; to authorize the presiding officers of the Senate and House of Representatives to indicate the standing committees to which they intend to assign such proposed measures. Referred to Committee on Rules.
SB 204. By Senators Madden of the 47th, Middleton of the 50th, Garner of the 30th and others:
A bill to amend Code Section 20-2-182 of the Official Code of Georgia Annotated, relating to program weights, so as to provide that program weights for primary and upper elementary grades shall reflect funds for guidance counselors; to pro vide an effective date. Referred to Committee on Education.
SB 205. By Senators Middleton of the 50th and Madden of the 47th:
A bill to amend Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to quality basic education, so as to provide for intent; to re peal the requirement of local fair share funds under the quality basic education program; to delete references to such funds; to revise the method of calculating equalization grants; to provide for other matters relative to the foregoing; to pro vide an effective date; to provide conditions for such effective date. Referred to Committee on Education.
SB 206. By Senators Dawkins of the 45th, Slotin of the 39th, Starr of the 44th and others:
A bill to amend Article 1 of Chapter 4 of Title 3 of the Official Code of Georgia Annotated, relating to general provisions applicable to distilled spirits, so as to provide that the state revenue commissioner shall be authorized by rules and regulations to permit licensed retail dealers in distilled spirits to display signs inside and outside their retail establishments which advertise or promote certain lawful lotteries, provided that such signs are in compliance with certain laws. Referred to Committee on Economic Development, Tourism and Cultural Affairs.
SB 207. By Senator Abernathy of the 38th:
A bill to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to provide for minority owned business participation in state contracts; to provide for legislative findings; to provide definitions; to pro vide for statements encouraging minority participation in all bid documents; to provide for advertisement of procurement opportunities; to provide for the desig nation of liaison officers; to provide for quarterly reports. Referred to Committee on Judiciary.

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287

SB 208. By Senators Gochenour of the 27th, Glanton of the 34th and Edge of the 28th: A bill to amend Article 7 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to medical assistance generally, so as to require the Depart ment of Medical Assistance to implement a modification of the state plan for medical assistance to provide a pilot program of publicly financed vouchers for access to privately delivered health insurance coverage; to provide for definitions; to provide for eligibility; to provide for automatic repeal under certain circumstances.
Referred to Committee on Health and Human Services.
SB 209. By Senators Taylor of the 12th, Bowen of the 13th and Ragan of the llth: A bill to amend Code Section 48-5-493 of the Official Code of Georgia Annotated, relating to the failure to attach and display certain decals to mobile homes, so as to provide that any person who moves or transports a mobile home which does not display a certain decal shall provide the tax collectors in certain counties with certain information; to provide a penalty.
Referred to Committee on Transportation.
SR 18. By Senators Perdue of the 18th, Broun of the 46th and Farrow of the 54th: A resolution creating the University System Laboratory, Equipment, and Tech nology Study Committee.
Referred to Committee on Rules.
SR 27. By Senators Gochenour of the 27th, Glanton of the 34th, Balfour of the 9th and others: A resolution proposing an amendment to the Constitution so as to authorize the Governor to reduce any appropriation; to provide for overriding such reduction; to provide for the submission of this amendment for ratification or rejection.
Referred to Committee on Appropriations.
SR 142. By Senator Garner of the 30th: A resolution authorizing the granting of an easement on, over, under, upon, across, or through property owned by the State of Georgia in Carroll County, Georgia; to provide an effective date.
Referred to Committee on Finance and Public Utilities.
SR 143. By Senator Langford of the 35th: A resolution designating jazz as the official music for the State of Georgia during the month of February.
Referred to Committee on Rules.
SR 146. By Senator Abernathy of the 38th: A resolution authorizing and directing the Department of Audits and Accounts to conduct a state-wide economic parity assessment study.
Referred to Committee on Rules.
SR 147. By Senators Perdue of the 18th and Turner of the 8th: A resolution urging the United States Congress and the United States Depart ment of Education to implement rules governing the student loan program.
Referred to Committee on Higher Education.

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SR 148. By Senators Glanton of the 34th, Gochenour of the 27th, Newbill of the 56th and others:
A resolution proposing an amendment to the Constitution so as to remove the obligation to budget and appropriate funds necessary to operate the state's de partments and agencies; to establish a limitation on the total amount of state expenditures in any fiscal year; to provide for a reserve fund, a limitation on the amount in such fund, and appropriations from such fund; to provide for the sub mission of this amendment for ratification or rejection.
Referred to Committee on Appropriations.
The following bills and resolutions of the House were read the first time and referred to committees:
HB 34. By Representative Childers of the 13th:
A bill to amend Article 1 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to general provisions regarding registration and licensing of motor vehicles, so as to change the penalties imposed upon certain persons who operate vehicles without having required revalidation decals affixed to the license plates thereof.
Referred to Committee on Public Safety.
HB 71. By Representative Holland of the 157th:
A bill to amend Article 1 of Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions relative to the probate court, so as to provide for the service of a minor or an incapacitated adult by serving such per son's legal guardian or guardian ad litem.
Referred to Committee on Special Judiciary.
HB 73. By Representatives Holland of the 157th, Ray of the 128th, Jenkins of the 110th and Reaves of the 178th:
A bill to amend Code Section 11-9-203 of the Official Code of Georgia Annotated, relating to the attachment and enforceability of security interests, so as to pro vide that a security interest in future crops shall not attach to the portion of the crops due to a sharecropper.
Referred to Committee on Special Judiciary.
HB 93. By Representatives Ray of the 128th, Snow of the 2nd and Bates of the 179th:
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 enact the "Motorized Wheelchair Warranty Act".
Referred to Committee on Youth, Aging and Human Ecology.
HB 95. By Representatives Ray of the 128th, Snow of the 2nd, Carrell of the 87th and Bates of the 179th:
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 unauthorized interference with publicly provided trash or garbage containers; to prohibit the removal of any items from any container or facility provided by any county for the dumping of trash or garbage.
Referred to Committee on Natural Resources.

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289

HB 124. By Representative Reaves of the 178th: A bill to amend Title 2 of the Official Code of Georgia Annotated, relating to agriculture, so as to provide for a civil action for the disparagement of agricul tural or aquacultural food products or commodities.
Referred to Committee on Agriculture.
HB 137. By Representative Royal of the 164th: A bill to amend Code Section 36-81-7 of the Official Code of Georgia Annotated, relating to audits of the financial affairs and transactions of certain local govern ments, so as to change the expenditure level with respect to the requirement of such audits.
Referred to Committee on Finance and Public Utilities.
HB 139. By Representative Wall of the 82nd: A bill to amend Part 1 of Article 3 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to wiretapping, eavesdropping, surveillance, and related offenses, so as to provide that it shall be unlawful for any person, mali ciously and without the consent of all parties to the communication, to intercept, receive, or assist in intercepting or receiving a communication transmitted be tween cellular radio telephones or between any cellular radio telephone and a landline telephone.
Referred to Committee on Special Judiciary.
HB 242. By Representatives Chambless of the 163rd and Watson of the 139th: A bill to amend Code Section 46-1-1 of the Official Code of Georgia Annotated, relating to definitions of terms used in Title 46 of the Official Code of Georgia Annotated, so as to exclude ambulances from the definition of the term "motor common carrier and motor contract carrier".
Referred to Committee on Finance and Public Utilities.
HB 400. By Representatives Skipper of the 137th, Childers of the 13th and Culbreth of the 132nd: A bill to amend Code Section, 43-39-7 of the Official Code of Georgia Annotated, relating to practicing psychology without a license, so as to provide that persons practicing psychology in certain positions shall not be required to possess a valid license.
Referred to Committee on Health and Human Services.
HR 55. By Representatives Pinholster of the 15th, Stancil of the 16th and Harris of the 17th: A resolution commending Honorable Phillip M. Landrum and designating the Phillip M. Landrum Memorial Highway.
Referred to Committee on Transportation.
HR 88. By Representative Murphy of the 18th: A resolution designating the Veterans Memorial Highway.
Referred to Committee on Transportation.
HR 119. By Representatives Bargeron of the 120th and Harris of the 112th: A resolution commending Floyd L. Norton and designating the Floyd L. Norton Bridge.
Referred to Committee on Transportation.

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

Mr. President:

The Committee on Agriculture has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SB 18. Do pass.
Respectfully submitted,
Senator Ragan of the llth District, Chairman

Mr. President:

The Committee on Economic Development, Tourism and Cultural Affairs has had under consideration the following bill and resolution of the Senate and has instructed me to report the same back to the Senate with the following recommendations:
SB 104. Do pass. SR 107. Do pass.
Respectfully submitted,
Senator Broun of the 46th District, Chairman

Mr. President:

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

SB 109. Do pass.

SB 35. Do pass by substitute.

SB 127. Do pass.

SB 108. Do pass by substitute.

Respectfully submitted,

Senator Alien of the 2nd District, Chairman

Mr. President:

The Committee on Higher Education has had under consideration the following resolu tion of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SR 60. Do pass.
Respectfully submitted,
Senator Perdue of the 18th 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 97. Do pass as amended. HB 2. Do pass.
Respectfully submitted,
Senator Thompson of the 33rd District, Chairman

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291

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 151. SB 152. SB 153. HB 364.

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

HB 365. HB 388. HB 399. HB 412.

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

Respectfully submitted, Senator Thompson of the 33rd District, Chairman

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

SR 131. By Senators Hill of the 4th, Ray of the 19th, Oliver of the 42nd and others: A resolution creating the Older Worker Task Force.

SB 150. By Senators Langford of the 35th and Edge of the 28th:
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 additional provisions relating to the disposition of delinquent children; to provide for special alterna tive incarceration--probation boot camps for delinquent children; to provide for the creation, operation, and supervision thereof; to provide for practices, proce dures, and requirements related thereof.

HB 86. By Representatives Baker of the 70th, Bordeaux of the 151st and Orrock of the 56th:
A bill to amend the General Appropriations Act for State Fiscal Year 1994, be ginning July 1, 1993, and ending June 30, 1994.

The President called for the morning roll call, and the following Senators answered to their names:

Balfour Baugh Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cheeks Clay Coleman Crotts Day Dean Edge Egan

Farrow Gillis Glanton Gochenour Harbison Hemmer Henson Hill Hooks Huggins Isakson Kemp Langford of 29th Madden Marable Middleton

Newbill Oliver Perdue Pollard Ragan of 32nd Ralston Ray Robinson Scott Slotin Starr Thomas Thompson Turner Tysinger Walker

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Those Senators not answering were:

Abernathy Alien Dawkins

Garner Langford of 35th Parrish

Ragan of llth Taylor

Senator Parrish of the 43rd asked that the Journal for today show the following statement:
"Please let the record show that I was present for the Feb. 9, 1993, morning session. I was one minute late for roll call.
Thank you for your assistance."

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

Senator Kemp of the 3rd introduced the chaplain of the day, Dr. Tracy L. Brinson, pastor of the First Baptist Church, Hinesville, Georgia, who offered scripture reading and prayer.

The following resolutions of the Senate were read and adopted:

SR 35. By Senator Langford of the 35th: A resolution honoring Mr. Kenneth Jevel Lowe.

SR 144. By Senators Bowen of the 13th, Ragan of the llth, Turner of the 8th and others:
A resolution recognizing the American Association of Retired Persons and declar ing AARP Day at the Capitol.

SR 145. By Senator Abernathy of the 38th:
A resolution commending the participants in the World Vision 30 Hour Famine Program.

SR 149. By Senator Oliver of the 42nd: A resolution commending Georgia artist Tim Arkansaw.

SR 150. By Senator Edge of the 28th: A resolution commending Nancy Royal.

Senator Middleton of the 50th introduced the doctor of the day, Dr. Richard F. Turner, of Clayton, Georgia.

Senator Walker of the 22nd moved that the following bill of the House be withdrawn from the Senate Committee on Science, Technology and Industry and committed to the Senate Committee on Consumer Affairs:

HB 76. By Representatives Williams of the 114th, Padgett of the 119th and Connell of the 115th:
A bill to amend Code Section 10-1-420 of the Official Code of Georgia Annotated, relating to advertising without intending to sell on stated terms, so as to provide for the size and style of type to be used in any disclaimer or symbol directing attention to a disclaimer regarding the availability of merchandise or services advertised for sale.

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293

On the motion, the yeas were 36, nays 0; the motion prevailed, and HB 76 was with drawn from the Senate Committee on Science, Technology and Industry and committed to the Senate Committee on Consumer Affairs.
The following local, uncontested bills of the Senate and House, favorably reported by the committee as listed on the Senate Local Consent Calendar, were put upon their passage:
SENATE LOCAL CONSENT CALENDAR
Tuesday, February 9, 1993
FOURTEENTH LEGISLATIVE DAY
(The names listed with each bill are the Senators whose districts are affected by the legislation.)
SB 151 Huggins, 53rd Farrow, 54th WHITFIELD COUNTY
Amends an Act creating the board of commissioners of Whitfield County, so as to provide that no person may serve in the office of county commissioner or chairman for longer than three (3) consecutive terms of four years.
SB 152 Huggins, 53rd Farrow, 54th CITY OF DALTON
Provides a homestead exemption from certain City of Dalton ad valorem taxes for city purposes in the amount of $10,000 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.
SB 153 Huggins, 53rd Farrow, 54th CITY OF DALTON
Provides a homestead exemption from certain City of Dalton Independent School District ad valorem taxes for educational purposes in the amount of $10,000 of the assessed value of the homestead for certain residents of that school district; provides for definitions; specifies the terms and conditions of the exemption and the procedures.
HB 364 Ragan, llth Bowen, 13th MITCHELL COUNTY
Provides for a Board of Commissioners of Mitchell County, so as to change the composition of the commissioner districts.
HB 365 Ragan, llth Bowen, 13th MITCHELL COUNTY
Provides for the election of the members of the Board of Education of Mitch ell County, so as to change the composition of the education districts.
HB 388 Oliver, 42nd CITY OF CHAMBLEE
Creates a new charter for the City of Chamblee, alters powers of the mayor

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and council; creates the office of city manager and provides for the appoint ment, removal, compensation and duties of the city manager; provides for the appointment and removal of the offices of marshal, city clerk, and director of public works.

HB 399 Boshears, 6th CITY OF BLACKSHEAR
Provides for a new charter for the City of Blackshear.

HB 412 Oliver, 42nd Thomas, 10th CITY OF DECATUR
Provides for a new charter for the City of Decatur in DeKalb County; changes the composition of election districts from which city commissioners are elected, reconstitutes the Board of Education of the City of Decatur and provides for its powers, duties, rights.

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:

Balfour Baugh Blitch Boshears Bowen Brown of 26th Burton Cheeks Clay Coleman Crotts Dawkins Day Dean Edge Egan Farrow

Gillis Glanton Gochenour Harbison Hemmer Henson Hill Hooks Huggins Isakson Langford of 35th Langford of 29th Madden Marable Middleton Newbill Oliver

Parrish Perdue Pollard Ragan of llth Ragan of 32nd Ralston Ray Robinson Scott Slotin Starr Taylor Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Abernathy Alien

Broun of 46th Garner

Kemp

On the passage of all the local bills, the yeas were 51, nays 0.

All the bills on the Senate Local Consent Calendar, having received the requisite consti tutional majority, were passed.

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295

SENATE CALENDAR
Tuesday, February 9, 1993
FOURTEENTH LEGISLATIVE DAY
SB 24 Recreational Bingo Games--licensing requirements (Amendment) (ST&I--23rd) SB 27 Driving Under The Influence--driver's license suspension for first offense
(Judy--12th) SB 28 DUI Conviction--ignition interlock for probation, license reinstatement
(Judy--12th) SB 32 Civil Actions--period of dismissal for want of prosecution (Amendment)
(Judy--2nd) SB 33 Motion for New Trial--time extension for transcript of evidence (Amendment)
(Judy--2nd) SB 52 Commercial Driver's License--penalty for operating without (Amendment) (Pub
Saf--12th) SB 63 Domestic Relations Actions--seminar for certain parents (Substitute)
(S Judy--37th) SB 72 Education--change mandatory age for children (Ed--12th) SB 73 Council for School Performance--effectiveness of educational programs
(Ed--12th) SB 74 Educational Grants--legislative intent, definitions (Ed--12th) SB 88 Speech-Language Pathology, Audiology--licensing (Substitute) (Ed--21st) SB 102 Columbia County Board of Elections--abolish (U&CA G--24th) SB 103 Certain Workers' Compensation Board Records--access (I&L--24th) SB 125 Property Assessments--time period for appeal (U&CA G--33rd) SB 126 County Boards of Tax Assessors--election (U&CA G--33rd) SB 53 Merit System--sick leave accumulation, utilization (Gov Op--2nd)
The following general bills of the Senate, favorably reported by the committees, were read the third time and put upon their passage:
SB 24. By Senators Cheeks of the 23rd, Pollard of the 24th and Starr of the 44th: A bill to amend Part 2 of Article 2 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to bingo, so as to provide for the operation of recreational bingo games which shall not be subject to the same licensing require ments and regulations applicable to certain bingo games operated by nonprofit, tax-exempt organizations.
The Senate Committee on Science, Technology, and Industry offered the following amendment:
Amend SB 24 by striking on line 10 of page 1 the word: "four",
and inserting in lieu thereof the following: "six".
By striking on line 6 of page 2 the word "ten" and inserting in lieu thereof the following:
"20".

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By striking on line 6 of page 3 the word: "four",
and inserting in lieu thereof: "six".

On the adoption of the amendment, the yeas were 29, nays 0, and the amendment was adopted.

The report of the committee, which was favorable to the passage of the bill 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 Balfour Baugh Blitch Boshears Bowen Brown of 26th Burton Cheeks Clay Coleman Crotts Dawkins Day Dean Edge Egan

Farrow Gillis Glanton Gochenour Harbison Hemmer Henson Hill Hooks Huggins Isakson Langford of 35th Langford of 29th Madden Marable Middleton Newbill

Oliver Parrish Perdue Pollard Ragan of llth Ralston Ray Robinson Scott Slotin Starr Taylor Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Abernathy Broun of 46th

Garner Kemp

Ragan of 32nd

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

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

Senator Cheeks of the 23rd moved that SB 24 be immediately transmitted to the House.

On the motion, the yeas were 38, nays 0; the motion prevailed, and SB 24 was immedi ately transmitted to the House.

SB 27. By Senators Taylor of the 12th, Henson of the 55th and Brown of the 26th:
A bill to amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, so as to provide for the administrative suspension of a driver's license for a first offense of driving under the influence; to provide for penalties.

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

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297

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 Balfour Baugh Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cheeks Clay Coleman Crotts Dawkins Day Dean Edge Egan

Farrow Gillis Glanton Gochenour Harbison Hemmer Henson Hill Hooks Huggins Kemp Langford of 35th Langford of 29th Madden Marable Middleton Newbill Oliver

Parrish Perdue Pollard Ragan of llth Ragan of 32nd Ralston Ray Robinson Scott Slotin Starr Taylor Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Abernathy

Garner

Isakson

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

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

Senator Isakson of the 21st asked that the following statement be recorded in today's Journal:
"On the vote on SB 27 I voted "yea" but my machine did not record any vote. Please let the record reflect my vote in favor of SB 27."

Senator Oliver of the 42nd introduced Tim Arkansaw, who was commended by SR 149, adopted previously today, and he briefly addressed the Senate.

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

SB 28. By Senators Taylor of the 12th, Henson of the 55th and Brown of the 26th:
A bill to amend Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to probation, so as to provide for a definition; to authorize judges to require the installation of an ignition interlock device as a condition of probation for certain persons convicted of the offense of driving under the influence of alco hol or drugs; to require such devices for reinstatement of certain drivers' licenses and as a condition of obtaining a limited driving permit.

Senator Isakson of the 21st offered the following amendment:

Amend SB 28 by striking "or subsequent" on line 10, page 2, and
By adding on line 2, page 3, after the period the following:
"Upon a third or subsequent conviction the court shall require installation of a certified ignition interlock device."

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On the adoption of the amendment offered by Senator Isakson of the 21st, the Presi dent ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Alien Balfour Baugh Blitch Boshears Bowen Broun of 46th Burton Cheeks Clay Coleman Crotts Dawkins Day Dean Edge

Egan Farrow Gillis Glanton Gochenour Harbison Hemmer Hill Hooks Huggins Isakson Kemp Langford of 35th Langford of 29th Madden Middleton

Newbill Parrish Perdue Pollard Ragan of llth Ragan of 32nd Ralston Ray Robinson Scott Slotin Thomas Thompson Turner Tysinger Walker

Those voting in the negative were Senators:

Brown of 26th Henson

Marable Oliver

Starr Taylor

Not voting were Senators Abernathy and Garner.

On the adoption of the amendment, the yeas were 48, nays 6, and the amendment was adopted.

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

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

Those voting in the affirmative were Senators:

Alien Balfour Baugh Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cheeks Clay Coleman Crotts Dawkins Day Dean Edge Egan

Farrow Gillis Glanton Gochenour Harbison Hemmer Henson Hill Hooks Huggins Isakson Kemp Langford of 35th Langford of 29th Madden Marable Middleton Newbill

Oliver Parrish Perdue Pollard Ragan of llth Ragan of 32nd Ralston Ray Robinson Scott Slotin Starr Taylor Thomas Thompson Turner Tysinger Walker

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299

Not voting were Senators Abernathy and Garner.

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

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

SB 32. By Senator Alien of the 2nd:
A bill to amend Code Section 9-2-60 of the Official Code of Georgia Annotated, relating to dismissal of civil actions for want of prosecution, so as to provide that the period of automatic dismissal for want of prosecution shall be lowered from five to three years.

The Senate Committee on Judiciary offered the following amendment:

Amend SB 32 by inserting on line 5 of page 1 between the word and symbol "matters;" and "to" the following:
"to provide for applicability;".
By inserting between lines 17 and 18 of page 1 the following:
"Section 2. The provisions of this Act shall apply only to those cases filed on or after July 1, 1993."
By renumbering Section 2 as Section 3.

On the adoption of the amendment, the yeas were 41, 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 Balfour Baugh Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Clay Crotts Day Dean Edge Egan

Farrow Gillis Glanton Gochenour Harbison Hemmer Henson Hill Hooks Huggins Isakson Langford of 29th Marable Middleton Newbill

Oliver Perdue Pollard Ragan of llth Ragan of 32nd Ralston Ray Robinson Scott Slotin Starr Thomas Thompson Turner Walker

Those not voting were Senators:

Abernathy Cheeks Coleman Dawkins

Garner Kemp Langford of 35th Madden

Parrish Taylor Tysinger

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JOURNAL OF THE SENATE

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

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

SB 33. By Senator Alien of the 2nd:
A bill to amend Code Section 5-5-40 of the Official Code of Georgia Annotated, relating to time of motion for new trial in general, so as to provide that where the grounds of the motion for a new trial require consideration of the transcript of evidence or proceedings, the court shall grant an extension of time not to exceed 120 days.

The Senate Committee on Judiciary offered the following amendment:

Amend SB 33 by striking on line 6 of page 1 the words "to exceed" and inserting in lieu thereof the words "less than".
By striking on line 17 of page 1 the words "to exceed" and inserting in lieu thereof the words "less than".
By adding on line 23 of page 1 between the period and the quotation mark the following:
"The court may, in its discretion, extend the period for preparation of the transcript of evidence and proceedings beyond the 120 days as provided in this subsection?*

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:

Alien Balfour Baugh Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cheeks Clay Coleman Crotts Dawkins Day Dean Edge

Egan Farrow Gillis Glanton Gochenour Harbison Hemmer Henson Hill Hooks Huggins Isakson Langford of 35th Langford of 29th Madden Marable Middleton

Newbill Oliver Parrish Perdue Pollard Ragan of llth Ragan of 32nd Ralston Ray Robinson Scott Slotin Taylor Thomas Turner Tysinger Walker

Those not voting were Senators:

Abernathy Garner

Kemp Starr

Thompson

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301

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

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

SB 52. By Senators Taylor of the 12th, Bowen of the 13th, Ragan of the llth and Hooks of the 14th:
A bill to amend Article 7 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, the "Uniform Commercial Driver's License Act," so as to change the penalties for operating without a commercial driver's license.
The Senate Committee on Public Safety offered the following amendment:

Amend SB 52 by inserting "and" at the end of line 18 of page 1.
By striking lines 19 and 20 of page 1 in their entirety.
By striking from line 21 of page 1 the following: "(3)",

and inserting in lieu thereof the following: "(2)".

By striking from line 21 of page 1 the word "third" and inserting in lieu thereof the word "second".
On the adoption of the amendment, the yeas were 36, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.

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

Those voting in the affirmative were Senators:

Alien Balfour Baugh Blitch Boshears Bowen Broun of 46th Brown of 26th Burton
rv^^hiieocoKtca Clay
Coleman Crotts Dawkins Day Dean Egan

Farrow Gillis Glanton Gochenour Harbison Hemmer Henson Hill Hooks Huggins Isakson Langford of 35th Langford of 29th Madden Marable Middleton

Newbill Oliver Perdue Pollard Ragan of llth Ragan of 32nd Ralston Ray Robinson Slotin Taylor Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Abernathy Edge Garner

Kemp Parrish

Scott Starr

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JOURNAL OF THE SENATE

On the passage of the bill, the yeas were 49, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
SB 63. By Senators Clay of the 37th, Ragan of the 32nd and Edge of the 28th:
A bill to amend Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, so as to provide that the parties in certain domestic relations actions shall be required to complete a seminar for parents where the interests of children under 18 years of age are involved; to provide for contempt sanctions if a party fails to complete successfully the seminar.
The Senate Committee on Special Judiciary offered the following substitute to SB 63:
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 the parties in certain domestic relations actions shall be required to complete a seminar for parents where the interests of children under 18 years of age are involved; to provide for contempt sanctions if a party fails to complete successfully the seminar; to provide for an exception to the completion of the sem inar; to provide that the local court administrator or district court administrator shall ap point, designate, or hire a seminar administrator to run and manage the seminars; to pro vide for the purpose, content, and scheduling of the seminars; to provide that the court's action on a petition will not be delayed by a nonmoving or responding party's refusal or delay in completing the seminar; to provide that a program of equal value and content may be substituted for the seminar; to provide for seminar fees and waivers; to provide for notifi cation of the parties; to provide that the county sheriff or county police department will provide security personnel at the seminars; to provide for waiver of the seminar; to provide for joint seminars; to provide for related matters; to provide for an effective date and appli cability; 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 Chapter 1, which has been reserved, and inserting in lieu thereof a new Chapter 1 to read as follows:
"CHAPTER 1
19-1-1. (a) All parties in all divorce, separate maintenance, paternity, change of custody, visitation, legitimation, and other domestic relations actions, excluding domestic violence and contempt actions, shall successfully complete a seminar for parents where the interests of children under 18 years of age are involved. The seminar shall be completed within 31 days of service of the original complaint upon the original defendant.
(b) If a party fails to complete successfully the seminar pursuant to this Code section, the court may take appropriate action, including but not limited to sanctions for contempt. However, upon good cause shown, the court may waive the requirement of completion of the seminar in certain cases.
(c) Seminars shall be administered by the local court administrator or district court administrator, contracting with qualified counselors, trainers, and educators. The court ad ministrator shall appoint, designate, or hire a seminar administrator to run and manage the seminars. Seminars shall be four hours long and shall be offered at least twice a month. Participants shall be allowed to choose either two two-hour evening sessions or one fourhour weekday session.
(d) The seminar shall focus on the developmental needs of children, with emphasis on

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303

fostering the child's emotional health during periods of stress. The seminar shall be inform ative and supportive and shall direct people desiring additional information or help to ap propriate resources. The course content shall contain, but shall not be limited to, the following:
(1) The developmental stages of childhood;
(2) The needs of children at different ages;
(3) Stress indicators in children;
(4) Age appropriate expectations of children;
(5) Adjusting to divorce;
(6) The grief process;
(7) Reduction of stress for children through an amicable divorce;
(8) Changing parental and marital roles;
(9) Visitation recommendations to enhance the child's relationship with both parents;
(10) Financial obligations of child rearing; and
(11) Conflict management and dispute resolution.
(e) The court's action on a petition shall not be delayed by a nonmoving or responding party's refusal or delay in completing the seminar. A program of equal value and content may be substituted for the seminar if written verification satisfactory to the seminar admin istrator is provided to the court indicating that the specific issues noted in subsection (d) of this Code section have been addressed in another forum through professional or pastoral counseling, mediation, or another similar education seminar.
(f) The fee for such seminar shall not exceed $30.00 per party and shall be used to cover all the costs of the seminar including the presenter's fees, handouts, applications, and semi nar administration. The fee may be waived if a party presents a verified affidavit of indigency and it appears upon investigation that the party meets the court's guidelines of indigency.
(g) At the time of the filing of pleadings, the clerk shall give notice to the parties of their responsibility to complete the seminar or provide verification of an alternative pro gram. Applications may be obtained from the office of the clerk of the superior court. The application and fee must be returned to the seminar administrator's office prior to the semi nar selected in order to ensure that adequate space and materials are available at the semi nar for each party. After submission of the application and fee there will be no further notification from the clerk's office and schedule changes shall be arranged through the semi nar administrator's office.
(h) A roll of the participating parties will be provided to the presenters prior to each seminar. As the parties report to the seminars selected by them, they will provide proper identification and shall be recorded as being in attendance. Each person who successfully completes the seminar shall be given a certificate of attendance to present to the assigned judge at the time of his or her court appearance.
(i) The county sheriff or county police department will provide an armed uniformed peace officer at each seminar to ensure the security of the participants prior to, during, and after each session.
(j) The superior court judge is authorized to waive the completion of the seminar if the seminar is unavailable in that circuit.
(k) Any superior court judge is authorized to coordinate with other superior court judges to provide seminars jointly with other counties."
Section 2. This Act shall become effective July 1, 1993, and shall apply with respect to covered domestic relations actions filed on or after that date.

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Section 3. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 32, nays 1, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.
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 Balfour Baugh Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cheeks Clay Coleman Crotts Dawkins Day Dean Edge Egan

Farrow Gillis Glanton Gochenour Harbison Hemmer Henson Hill Hooks Huggins Isakson Kemp Langford of 35th Langford of 29th Madden Marable Middleton Newbill

Oliver Parrish Perdue Pollard Ragan of llth Ragan of 32nd Ralston Ray Robinson Scott Slotin Starr Taylor Thomas Thompson Turner Tysinger Walker

Not voting were Senators Abernathy and Garner.

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

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

The following 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 121. By Representatives Murphy of the 18th, Coleman of the 142nd, Walker of the 141st, Baker of the 70th, Bordeaux of the 151st and others:
A bill to amend an Act providing appropriations for the State Fiscal Year 19921993 known as the "General Appropriations Act", so as to change certain appro priations for the State Fiscal Year 1992-1993.

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305

The House has passed by the requisite constitutional majority the following bills of the House:
HB 226. By Representatives Hammond of the 32nd, Cauthorn of the 35th, Shipp of the 38th, Coker of the 31st and Towery of the 30th: A bill to amend an Act creating a system of public schools for the City of Mari etta, so as to provide for the election of the members of the Board of Education of the City of Marietta.
HB 456. By Representative Channell of the lllth: A bill to amend an Act creating the Board of Commissioners of Greene County, so as to change the composition of the districts from which the members of the board are elected.
HB 459. By Representative Channell of the lllth: A bill to amend an Act creating the Board of Education of Greene County, so as to change the composition of the districts from which the members of the board are elected.
HB 465. By Representatives Skipper of the 137th and Hanner of the 159th: A bill to amend an Act to create a Board of Commissioners of Roads and Reve nues in the Counties of Floyd, Berrien, Effingham, Schley, Sumter, and Greene, so as to provide for commissioner districts.
HB 466. By Representatives Skipper of the 137th and Hanner of the 159th: A bill to amend an Act entitled "An Act to provide a new charter for the City of Americus," so as to provide council districts.
HB 468. By Representatives Skipper of the 137th and Hanner of the 159th: A bill to amend an Act establishing a system of public schools in the City of Americus, so as to reconstitute the board of education of the independent school system of the City of Americus and provide for its powers, duties, rights, obliga tions, and liabilities and subject it to certain constitutional and statutory provisions.
HB 509. By Representatives Carrell of the 87th and Stancil of the 91st: A bill to reconstitute the Board of Education of Social Circle and provide for its powers, duties, rights, obligations, and liabilities and subject it to certain consti tutional and statutory provisions.
HB 548. By Representative Dixon of the 168th: A bill to amend an Act creating the State Court of Ware County, so as to change the compensation of the judge of said court.
HB 570. By Representatives Watson of the 139th, Walker of the 141st, Floyd of the 138th and Ray of the 128th: A bill to amend an Act providing a new charter for the City of Warner Robins in Houston County, so as to change the provisions relating to the election of mem bers of the council; to provide for four members of the council to be elected from council districts and for two members to be elected at large.
Senator Newbill of the 56th introduced Honorable Newt Gingrich, U. S. Representative of Georgia's 6th District, who briefly addressed the Senate.

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

SB 72. By Senators Taylor of the 12th, Henson of the 55th and Brown of the 26th:
A bill to amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to change certain provisions relating to the ages for mandatory education for children; to change certain provisions relating to exemptions with respect to such mandatory education; to change certain provisions relating to the establishment, management, and control of adult literacy programs.

Senators Newbill of the 56th, Marable of the 52nd and Ragan of the llth offered the following amendment:

Amend SB 72 by striking on page 7, line 3, the following, "1993" and adding "1994"; also by striking on page 7, line 3, "1993-1994" and adding "1994-1995"; by striking on page 7, line 5, "1994" and adding "1995"; by striking on page 7, line 7, "1994" and adding "1995"; and by striking on page 7, line 8, "1994" and adding "1995".

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:

Abernathy Balfour Baugh Blitch BBousrhtoenars Clay
Crotts
Day Dean
Edge

Egan Gillis Glanton Gochenour HHielml mer Hooks
Isakson
Langford of 29th Madden
Marable

Middleton Newbill Perdue Pollard D_agan J< ***** of
Ralston
Ray Thompson
Tysinger

Those voting in the negative were Senators:

Alien Bowen Broun of 46th Brown of 26th Cheeks Coleman
Dawkins
Farrow

Harbison Henson Huggins ,, Kemp Langford of 35th
Oliver
Parrish

Robinson Scott Slotin 0. Starr Taylor
Thomas
Walker

Not voting were Senators Garner and Turner.

On the adoption of the amendment, the yeas were 32, nays 22, and the amendment was adopted.

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

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307

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 Blitch Bowen Brown of 26th Burton Clay Coleman Crotts Dawkins Day Dean Egan Farrow Gillis

Harbison Hemmer Henson Hill Hooks Huggins Isakson Kemp Langford of 35th Madden Marable Oliver Parrish

Perdue Ragan of llth Ragan of 32nd Ray Robinson Scott Slotin Starr Taylor Thomas Thompson Tysinger Walker

Those voting in the negative were Senators:

Abernathy Balfour Baugh Boshears Broun of 46th

Cheeks Edge Glanton Gochenour Langford of 29th

Middleton N^swbill Pollard Ralston

Not voting were Senators Garner and Turner.

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

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 121. By Representatives Murphy of the 18th, Coleman of the 142nd, Walker of the 141st and others:
A bill to amend an Act providing appropriations for the State Fiscal Year 19921993 known as the "General Appropriations Act", so as to change certain appro priations for the State Fiscal Year 1992-1993.

Senator Dawkins of the 45th moved that the Senate insist upon the Senate substitute to HB 121.

On the motion, the yeas were 47, nays 0; the motion prevailed, and the Senate insisted upon its substitute to HB 121.

Senator Robinson of the 16th moved that Senator Garner of the 30th be excused during the day today due to personal business.

On the motion, the yeas were 46, nays 0; the motion prevailed, and Senator Garner of the 30th was excused from the Senate during the day today.

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The following bills of the House were read and referred to committee:
HB 226. By Representative Hammond of the 32nd: A bill to amend an Act creating a system of public schools for the City of Mari etta, so as to provide for the election of the members of the Board of Education of the City of Marietta.
Referred to Committee on Urban and County Affairs.
HB 456. By Representative Channell of the lllth: A bill to amend an Act creating the Board of Commissioners of Greene County, so as to change the composition of the districts from which the members of the board are elected.
Referred to Committee on Urban and County Affairs.
HB 459. By Representative Channell of the lllth: A bill to amend an Act creating the Board of Education of Greene County, so as to change the composition of the districts from which the members of the board are elected.
Referred to Committee on Urban and County Affairs.
HB 465. By Representatives Skipper of the 137th and Hanner of the 159th: A bill to amend an Act to create a Board of Commissioners of Roads and Reve nues in the Counties of Floyd, Berrien, Effingham, Schley, Sumter, and Greene, so as to provide for commissioner districts.
Referred to Committee on Urban and County Affairs.
HB 466. By Representatives Skipper of the 137th and Hanner of the 159th: A bill to amend an Act entitled "An Act to provide a new charter for the City of Americus," so as to provide council districts.
Referred to Committee on Urban and County Affairs.
HB 468. By Representatives Skipper of the 137th and Hanner of the 159th: A bill to amend an Act establishing a system of public schools in the City of Americus, so as to reconstitute the board of education of the independent school system of the City of Americus and provide for its powers, duties, rights, obliga tions, and liabilities and subject it to certain constitutional and statutory provisions.
Referred to Committee on Urban and County Affairs.
HB 509. By Representatives Carrell of the 87th and Stancil of the 91st: A bill to reconstitute the Board of Education of Social Circle and provide for its powers, duties, rights, obligations, and liabilities and subject it to certain consti tutional and statutory provisions.
Referred to Committee on Urban and County Affairs.
HB 548. By Representative Dixon of the 168th: A bill to amend an Act creating the State Court of Ware County, so as to change the compensation of the judge of said court.
Referred to Committee on Urban and County Affairs.

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309

HB 570. By Representatives Watson of the 139th, Walker of the 141st, Floyd of the 138th and Ray of the 128th: A bill to amend an Act providing a new charter for the City of Warner Robins in Houston County, so as to change the provisions relating to the election of mem bers of the council; to provide for four members of the council to be elected from council districts and for two members to be elected at large.
Referred to Committee on Urban and County Affairs.
Senator Robinson of the 16th moved that the Senate do now adjourn until 9:15 o'clock A.M. tomorrow, and the motion prevailed.
At 12:17 o'clock P.M., the President announced the Senate adjourned until 9:15 o'clock A.M. tomorrow.

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Senate Chamber, Atlanta, Georgia Wednesday, February, 10, 1993 Fifteenth Legislative Day

The Senate met pursuant to adjournment at 9:15 o'clock A.M. today and was called to order by the President.
Senator Huggins of the 53rd reported that the Journal of yesterday's proceedings had been read and found correct.
By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House:
HB 29. By Representative Parham of the 122nd:
A bill to amend Code Section 42-4-13 of the Official Code of Georgia Annotated, relating to the possession of drugs, weapons, or alcohol by inmates of a jail, so as to provide that it shall be unlawful for any person to come inside the guard lines established at any jail with, or to give or have delivered to an inmate of a jail, any alcoholic beverage, controlled substance, dangerous drug, or any marijuana in a quantity of one ounce or less, or any gun, pistol, or other dangerous weapon.
HB 172. By Representatives Davis of the 48th, Twiggs of the 8th and McKinney of the 51st:
A bill to amend Code Section 35-1-4 of the Official Code of Georgia Annotated, relating to requirements for reporting stolen motor vehicles and notice to the owner upon recovery, so as to define certain terms; to provide that the law en forcement agency reporting the stolen vehicle shall notify the owner upon its re covery; to provide that the agency recovering the vehicle shall report recovery to the agency originally reporting such vehicle stolen.
HB 496. By Representatives Buck of the 135th, Powell of the 23rd, Carrell of the 87th, Coleman of the 142nd, Lee of the 94th and others:
A bill to amend Chapter 17 of Title 47 of the Official Code of Georgia Annotated, relating to the Peace Officers' Annuity and Benefit Fund, so as to repeal a certain requirement for a physical examination as a part of the application for membership.
HB 171. By Representatives Thomas of the 100th, Chambless of the 163rd and Simpson of the 101st:
A bill to amend Code Section 21-5-34 of the Official Code of Georgia Annotated, relating to campaign contribution disclosure reports, so as to provide for addi tional filing fees for reports which are filed late.

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311

HB 197. By Representatives Dixon of the 168th, Mobley of the 69th and Hegstrom of the 66th:
A bill to amend Article 1 of Chapter 5 of Title 3 of the Official Code of Georgia Annotated, relating to general provisions regarding malt beverages, so as to pro vide that a head of a household may produce 50 gallons of malt beverages per year for home consumption without being licensed or paying excise taxes.
HB 195. By Representatives Jenkins of the 110th and Smith of the 109th:
A bill to amend Article 2 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to state parks and recreational areas generally, so as to au thorize the Department of Natural Resources to issue permits for the construc tion, maintenance, and use of boat docks on High Falls Lake which is owned by the state; to amend Code Section 50-16-42 of the Official Code of Georgia Anno tated, relating to the authority of the State Properties Commission to grant revo cable license agreements without competitive bidding.
HB 408. By Representative Childers of the 13th:
A bill to amend Chapter 35 of Title 43 of the Official Code of Georgia Annotated, relating to podiatrists, so as to change the provisions relating to applications for examination.
HB 409. By Representative Childers of the 13th:
A bill to amend Chapter 11 of Title 43 of the Official Code of Georgia Annotated, relating to dentists and dental hygienists, so as to change the provisions relating to temporary licenses to practice as a dental hygienist.
HB 410. By Representative Childers of the 13th:
A bill to amend Code Section 43-20-9 of the Official Code of Georgia Annotated, relating to examinations for licensing as hearing aid dispenser, so as to change the provisions relating to applications for examination.
HB 454. By Representatives Walker of the 141st, Reaves of the 178th, Watson of the 139th, Parham of the 122nd and Birdsong of the 123rd:
A bill to amend Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to trade practices, and Chapter 8 of Title 13 of the Official Code of Geor gia Annotated, relating to illegal and void contracts, so as to provide for regula tion of the distribution of tractors, farm equipment, heavy equipment, and motor vehicles.
HB 297. By Representatives Holmes of the 53rd, Cauthorn of the 35th, Canty of the 52nd, Kinnamon of the 4th and Chandler of the 99th:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide that certain persons shall not be eligible to serve as certain poll officers or certain superintendents.
The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:
SB 210. By Senators Taylor of the 12th, Henson of the 55th and Brown of the 26th:
A bill to amend Code Section 33-51-3 of the Official Code of Georgia Annotated, relating to the contents of the model basic health insurance plan, so as to author ize the Commissioner of Insurance to permit the coverage of certain children cov ered by Medicaid in a plan developed by the Commissioner to cover the basic

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health needs of children when such participation is approved by the Secretary of the United States Department of Health and Human Services. Referred to Committee on Insurance and Labor.
SB 211. By Senators Scott of the 36th, Newbill of the 56th, Langford of the 35th and Egan of the 40th:
A bill to amend Part 9 of Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to provisions relative to the Employees' Retirement System of Georgia applicable to judges, court employees, and certain county em ployees, so as to provide that employees of county juvenile detention systems which became part of a state-wide juvenile detention system may elect to become members of the Employees' Retirement System of Georgia. Referred to Committee on Retirement.
SB 212. By Senator Egan of the 40th:
A bill to amend an Act creating a State Court of Fulton County by consolidation of the existing Civil Court of Fulton County and the Criminal Court of Fulton County, as amended, so as to provide an additional judge for the State Court of Fulton County; to provide for the appointment of the initial additional judge and the election of successors. Referred to Committee on Urban and County Affairs.
SB 213. By Senators Harbison of the 15th, Robinson of the 16th, Thomas of the 10th and others:
A bill to amend Article 2 of Chapter 4 of Title 32 of the Official Code of Georgia Annotated, relating to the state highway system, so as to provide for emergency call boxes on certain areas of the state highway system; to provide for legislative intent. Referred to Committee on Transportation.
SB 214. By Senator Edge of the 28th:
A bill to amend Code Section 21-4-6 of the Official Code of Georgia Annotated, relating to the review of grounds for a recall petition, so as to provide for re quired elements of such review; to provide for the burden of proof; to provide for discovery; to provide for judicial orders; to suspend recall proceedings during court review; to provide for recall procedures following a ruling of sufficiency; to provide for certain discretionary appeals. Referred to Committee on Special Judiciary.
SB 215. By Senator Edge of the 28th:
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; to provide for additional powers, duties, and authority of such board with respect to violations of certain election laws or rules promulgated pursuant thereto; to provide an ef fective date. Referred to Committee on Special Judiciary.
SB 216. By Senator Newbill of the 56th:
A bill to amend Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, the "Quality Basic Education Act," so as to provide for a reduction in maximum class size for kindergarten and first grade. Referred to Committee on Education.

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313

SB 217. By Senator Starr of the 44th:
A bill to provide a homestead exemption from certain City of Morrow ad valorem taxes for city purposes in the amount of $5,000.00 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 applicability; to provide for a referendum, effective dates, and au tomatic repeal. Referred to Committee on Urban and County Affairs.
SB 218. By Senators Starr of the 44th, Glanton of the 34th and Thomas of the 10th:
A bill to amend an Act consolidating the offices of tax receiver and tax collector of Clayton County into the single office of tax commissioner of Clayton County, as amended, so as to provide for the application of civil service benefits to the deputy tax commissioner; to provide an effective date. Referred to Committee on Urban and County Affairs.
SB 219. By Senators Starr of the 44th, Glanton of the 34th and Thomas of the 10th:
A bill to amend an Act providing for an increase in the homestead exemption from county ad valorem taxes for residents of Clayton County who own and oc cupy their residences, as amended, so as to increase the amount of such exemp tion for residents of Clayton County who are 65 years of age or over. Referred to Committee on Urban and County Affairs.
SB 220. By Senators Starr of the 44th, Glanton of the 34th and Thomas of the 10th:
A bill authorizing the Board of Commissioners of Clayton County to offer the elected officials of Clayton County, and all employees subject to the jurisdiction of such elected officials, participation in the county's retirement and benefit sys tem; to make provisions for petitioning the board of commissioners to allow such elected officials and their employees coverage under the county's system; to pro vide an effective date. Referred to Committee on Urban and County Affairs.
SB 221. By Senators Starr of the 44th and Thomas of the 10th:
A bill to amend an Act providing for the appointment of the chief magistrate of the Magistrate Court of Clayton County so as to provide for the partisan election of the chief magistrate; to provide for terms of office; to provide for filling vacancies. Referred to Committee on Urban and County Affairs.
SB 222. By Senators Robinson of the 16th, Marable of the 52nd, Hill of the 4th and others:
A bill to amend Article 7 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to the sale or distribution to or possession by minors of ciga rettes, so as to change the definition of "minor"; to change a certain penalty; to increase the size of print for notices regarding illegal sales and change the age on such notices; to restrict locations for vending machines; to restrict locations where free samples may be distributed. Referred to Committee on Youth, Aging and Human Ecology.
SR 151. By Senator Edge of the 28th:
A resolution proposing an amendment to the Constitution so as to provide that the people of the State of Georgia shall have the power to enact or reject, by the initiative petition process, statutes and amendments to statutes and amendments

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to the Constitution; to provide for procedures and restrictions connected there with; to provide exceptions; to provide that the provisions shall be self-executing; to provide for the submission of this amendment for ratification or rejection. Referred to Committee on Special Judiciary.
SR 152. By Senators Oliver of the 42nd, Thomas of the 10th, Hill of the 4th and others:
A resolution creating the Elder Abuse Task Force. Referred to Committee on Youth, Aging and Human Ecology.
SR 153. By Senator Starr of the 44th:
A resolution authorizing the State Properties Commission, acting for and on be half of the State of Georgia, the Secretary of State, and its Department of Archives and History, to enter into a rental agreement, as that term is defined in paragraph (9) of Code Section 50-16-31 of the Official Code of Georgia Anno tated, concerning certain state owned improved real property located within the City of Atlanta, Fulton County, Georgia, and known as Rhodes Memorial Hall, with The Georgia Trust For Historic Preservation, Inc. Referred to Committee on Finance and Public Utilities.
The following bills of the House were read the first time and referred to committees:
HB 29. By Representative Parham of the 122nd:
A bill to amend Code Section 42-4-13 of the Official Code of Georgia Annotated, relating to the possession of drugs, weapons, .or alcohol by inmates of a jail, so as to provide that it shall be unlawful for any person to come inside the guard lines established at any jail with, or to give or have delivered to an inmate of a jail, any alcoholic beverage, controlled substance, dangerous drug, or any marijuana in a quantity of one ounce or less, or any gun, pistol, or other dangerous weapon. Referred to Committee on Corrections.
HB 171. By Representatives Thomas of the 100th, Chambless of the 163rd and Simpson of the 101st:
A bill to amend Code Section 21-5-34 of the Official Code of Georgia Annotated, relating to campaign contribution disclosure reports, so as to provide for addi tional filing fees for reports which are filed late. Referred to Committee on Governmental Operations.
HB 172. By Representatives Davis of the 48th, Twiggs of the 8th and McKinney of the 51st:
A bill to amend Code Section 35-1-4 of the Official Code of Georgia Annotated, relating to requirements for reporting stolen motor vehicles and notice to the owner upon recovery, so as to define certain terms; to provide that the law en forcement agency reporting the stolen vehicle shall notify the owner upon its re covery; to provide that the agency recovering the vehicle shall report recovery to the agency originally reporting such vehicle stolen. Referred to Committee on Public Safety.
HB 195. By Representatives Jenkins of the 110th and Smith of the 109th:
A bill to amend Article 2 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to state parks and recreational areas generally, so as to au thorize the Department of Natural Resources to issue permits for the construc tion, maintenance, and use of boat docks on High Falls Lake which is owned by

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315

the state; to amend Code Section 50-16-42 of the Official Code of Georgia Anno tated, relating to the authority of the State Properties Commission to grant revo cable license agreements without competitive bidding. Referred to Committee on Natural Resources.
HB 197. By Representatives Dixon of the 168th, Mobley of the 69th and Hegstrom of the 66th:
A bill to amend Article 1 of Chapter 5 of Title 3 of the Official Code of Georgia Annotated, relating to general provisions regarding malt beverages, so as to pro vide that a head of a household may produce 50 gallons of malt beverages per year for home consumption without being licensed or paying excise taxes. Referred to Committee on Consumer Affairs.
HB 297. By Representatives Holmes of the 53rd, Cauthorn of the 35th, Canty of the 52nd, Kinnamon of the 4th and Chandler of the 99th:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide that certain persons shall not be eligible to serve as certain poll officers or certain superintendents. Referred to Committee on Governmental Operations.
HB 408. By Representative Childers of the 13th:
A bill to amend Chapter 35 of Title 43 of the Official Code of Georgia Annotated, relating to podiatrists, so as to change the provisions relating to applications for examination. Referred to Committee on Health and Human Services.
HB 409. By Representative Childers of the 13th:
A bill to amend Chapter 11 of Title 43 of the Official Code of Georgia Annotated, relating to dentists and dental hygienists, so as to change the provisions relating to temporary licenses to practice as a dental hygienist. Referred to Committee on Health and Human Services.
HB 410. By Representative Childers of the 13th:
A bill to amend Code Section 43-20-9 of the Official Code of Georgia Annotated, relating to examinations for licensing as hearing aid dispenser, so as to change the provisions relating to applications for examination. Referred to Committee on Health and Human Services.
HB 454. By Representatives Walker of the 141st, Reaves of the 178th, Watson of the 139th, Parham of the 122nd and Birdsong of the 123rd:
A bill to amend Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to trade practices, and Chapter 8 of Title 13 of the Official Code of Geor gia Annotated, relating to illegal and void contracts, so as to provide for regula tion of the distribution of tractors, farm equipment, heavy equipment, and motor vehicles. Referred to Committee on Finance and Public Utilities.
HB 496. By Representatives Buck of the 135th, Powell of the 23rd, Carrell of the 87th, Coleman of the 142nd, Lee of the 94th and others:
A bill to amend Chapter 17 of Title 47 of the Official Code of Georgia Annotated, relating to the Peace Officers' Annuity and Benefit Fund, so as to repeal a certain

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requirement for a physical examination as a part of the application for membership.
Referred to Committee on Retirement.

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

Mr. President:

The Committee on Insurance and Labor has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the follow ing recommendation:
SB 146. Do pass.
Respectfully submitted,
Senator Pollard of the 24th District, Chairman

Mr. President:

The Committee on Natural Resources has had under consideration the following bills of the Senate and has instructed me to report the same back to the Senate with the following recommendations:
SB 9. Do pass by substitute. SB 117. Do pass. SB 135. Do pass.
Respectfully submitted,
Senator Gillis of the 20th District, Chairman

Mr. President:

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

SB 144. Do pass. SB 167. Do pass. SB 177. Do pass. SB 178. Do pass. SB 179. Do pass. SB 180. Do pass. SB 181. Do pass. SB 182. Do pass. SB 183. Do pass. SB 184. Do pass.

SB 185. Do pass. HB 152. Do pass. HB 338. Do pass as amended. HB 363. Do pass. HB 406. Do pass. HB 413. Do pass. HB 442. Do pass. HB 443. Do pass. HB 444. Do pass. HB 487. Do pass. Respectfully submitted, Senator Thompson of the 33rd District, Chairman

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317

The following bills and resolutions of the Senate and House were read the second time:
SB 18. By Senators Ragan of the llth and Pollard of the 24th:
A bill to amend Chapter 2 of Title 2 of the Official Code of Georgia Annotated, relating to the Department of Agriculture, so as to provide for powers and au thority of the Department of Agriculture to assist the United States Department of Agriculture in the inspection, certification, and identification of the class, quality, quantity, and condition of certain agricultural products; to provide for fees and costs; to provide for cooperative agreements.
SB 35. By Senator Alien of the 2nd:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide for the counting and tabulation of votes cast by absen tee ballot not later than closing of the polls on the day of the election or primary; to provide for procedures.
SB 97. By Senators Scott of the 36th, Slotin of the 39th and Langford of the 35th:
A bill to amend an Act creating and establishing a purchasing department in certain counties of this state, as amended, so as to change the provision relative to public letting and bids; to change the provision relative to advertisement of bids; to provide an effective date.
SB 104. By Senators Broun of the 46th, Oliver of the 42nd and Perdue of the 18th:
A bill to amend Chapter 27 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia Lottery for Education, so as to provide for setoff debt collection with respect to lottery prizes; to change certain provisions regarding restrictions on prizes; to provide for legislative purposes; to provide for defini tions; to provide that such setoff remedy shall be in addition to certain other remedies; to provide for comprehensive procedures.
SB 108. By Senator Isakson of the 21st:
A bill to amend Chapter 1 of Title 43 of the Official Code of Georgia Annotated, relating to general provisions regarding the licensing of professions and busi nesses, so as to provide for certain application questions and for their answer under oath.
SB 109. By Senator Alien of the 2nd:
A bill to amend Code Section 40-5-81 of the Official Code of Georgia Annotated, relating to attendance at driver improvement clinics or DUI Alcohol or Drug Use Risk Reduction Programs, so as to authorize the allocation of courthouse space for the use of representatives of licensed driver improvement clinics and DUI Alcohol or Drug Use Risk Reduction Programs.
SB 127. By Senators Crotts of the 17th, Garner of the 30th, Langford of the 29th and others:
A bill to amend Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to the state flag, seal, and other symbols, so as to designate English as the official language of the State of Georgia.
SR 60. By Senators Newbill of the 56th, Clay of the 37th, Glanton of the 34th and others:
A resolution urging postsecondary educational institutions to implement ethics and professional practices training for students in teacher education programs.

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SR 107. By Senators Starr of the 44th, Glanton of the 34th and Thomas of the 10th:
A resolution proposing an amendment to the Constitution so as to provide that the holding of raffles by nonprofit organizations shall be lawful under the Consti tution but may be restricted, regulated, or prohibited by law; to provide for the submission of this amendment for ratification or rejection.
HB 2. By Representatives Lane of the 55th, Dixon of the 150th, Shanahan of the 10th and others:
A bill to amend Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties and municipal corporations, so as to provide that no municipal and county consolidation shall become effec tive unless such consolidation is separately approved by a majority of the quali fied voters voting in a referendum thereon in each affected county or counties and in each affected municipality or municipalities located within such county or counties containing at least 10 percent of the population.
The President called for the morning roll call, and the following Senators answered to their names:

Baugh Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cheeks Clay Coleman Crotts Dawkins Day Dean Egan

Farrow Glanton Gochenour Harbison Hemmer Henson Hooks Huggins Isakson Kemp Langford of 35th Langford of 29th Madden Marable Middleton

Those Senators not answering were:

Newbill Oliver Parrish Pollard Ragan of llth Ralston Ray Robinson Slotin Taylor Thomas Thompson Turner Tysinger Walker

Abernathy Alien Balfour Edge

Garner Gillis Hill Perdue

Ragan of 32nd Scott Starr

Senator Robinson of the 16th moved that Senator Garner of the 30th be excused from the Senate today due to an illness in the family.

On the motion, the yeas were 35, nays 0; the motion prevailed, and Senator Garner of the 30th was excused from the Senate today.

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

Senator Langford of the 29th introduced the chaplain of the day, Reverend Andrew Waldo, pastor of Saint Marks Episcopal Church, LaGrange, Georgia, who offered scripture reading and prayer.

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319

Senator Middleton of the 50th introduced William C. Clary, Jr., who, having been com mended by SR 50, adopted previously, briefly addressed the Senate.
The following resolutions of the Senate were read and adopted:
SR 51. By Senator Ralston of the 51st: A resolution commending Ms. Mildred Mullinax.
SR 154. By Senator Pollard of the 24th: A resolution commending Honorable Hamilton McWhorter, Jr.
The following local, uncontested bills of the Senate and House, favorably reported by the committee as listed on the Senate Local Consent Calendar, were put upon their passage:
SENATE LOCAL CONSENT CALENDAR
Wednesday, February 10, 1993
FIFTEENTH LEGISLATIVE DAY
(The names listed with each bill are the Senators whose districts are affected by the legislation.)
SB 144 Coleman, 1st CITY OF VERNONBURG Incorporates the Town of Vernonburg, as amended, to adopt the Georgia Municipal Election Code; provides a different date for election of officers; provides different terms for the officers.
SB 167 Farrow, 54th Huggins, 53rd WHITFIELD COUNTY Provides for the Magistrate Court of Whitfield County, as amended, provides that the election of the full-time magistrate shall be by nonpartisan election.
SB 177 Starr, 44th Thomas, 10th Glanton, 34th CLAYTON COUNTY Provides that the school superintendent of the Clayton County District shall be appointed by the Board of Education.
SB 178 Starr, 44th Thomas, 10th CLAYTON COUNTY Creates the Board of Commissioners of Clayton County, as amended, changes the provisions relating to the compensation of the chairman; provides an ef fective date.
SB 179 Starr, 44th Thomas, 10th Glanton, 34th CLAYTON COUNTY Provides for a supplement to the salaries of the judges of the Superior Court of the Clayton Judicial Circuit, as amended, changes the county supplement to the state salary of said judges; provides an effective date.

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SB 180 Starr, 44th Thomas, 10th Glanton, 34th CLAYTON COUNTY
Creates the State Court of Clayton County, as amended, changes the com pensation of the judges of said court; provides an effective date.
SB 181 Starr, 44th Thomas, 10th Glanton, 34th CLAYTON COUNTY
Provides for a county supplement to the state salary of the district attorney of the Clayton Judicial Circuit, as amended, changes the amount of said sup plement; provides an effective date.
SB 182 Starr, 44th Thomas, 10th Glanton, 34th CLAYTON COUNTY
Places the sheriff and clerk of Superior Court of Clayton County on an an nual salary, as amended, changes the provisions relating to the salary of the sheriff; provides an effective date.
SB 183 Starr, 44th Thomas, 10th Glanton, 34th CLAYTON COUNTY
Places the judge of the Probate Court of Clayton County on an annual salary, as amended, changes the compensation of officer; provides an effective date.
SB 184 Starr, 44th Thomas, 10th Glanton, 34th CLAYTON COUNTY
Provides a salary for the official court reporter of the Clayton Judicial Cir cuit, as amended, changes the compensation of the official court reporters of the Clayton Judicial Circuit; provides an effective date.
SB 185 Starr, 44th Thomas, 10th Glanton, 34th CLAYTON COUNTY
Creates the State Court of Clayton County, as amended, changes the com pensation of the solicitor of the court; provides an effective date.
HB 152 Madden, 47th CITY OF COMMERCE
Provides a new charter for the City of Commerce; board of education and school system; reconstitutes.

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321

*HB 338 Middleton, 50th TOWNS COUNTY
Reconstitutes the Board of Education of Towns County; provides for elec tions; districts; terms. (AMENDMENTS)
HB 363 Farrow, 54th CATOOSA COUNTY
Reconstitutes the Board of Education of Catoosa County; provides for com position and elections.
HB 406 Clay, 37th CITY OF ACWORTH
Reincorporates and provides a new charter for the City of Acworth; changes the corporate limits.
HB 413 Brown, 26th Gochenour, 27th BIBB COUNTY
Provides for an assistant solicitor of the State Court of Bibb County; pro vides for an additional assistant solicitor; qualifications.
HB 442 Madden, 47th HART COUNTY
Amends the Hart County Water and Sewer Authority Act; purpose; member ship; appointment; terms; voting rights.
HB 443 Madden, 47th HART COUNTY
Creates the Hart County Board of Commissioners; composition; five mem bers; election procedures; powers; duties; practices.
HB 444 Madden, 47th HART COUNTY
Reconstitutes the Hart County Board of Education; powers; duties; terms; election districts; appoints superintendent.
HB 487 Thompson, 33rd Isakson, 21st Ragan, 32nd Clay, 37th CITY OF MARIETTA
Reincorporates the City of Marietta; provides for the millage rate; bonded indebtedness and fiscal year of the City of Marietta Board of Education.

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JOURNAL OF THE SENATE

The amendments to the following bill were put upon their adoption:
*HB 338:
The Senate Committee on Urban and County Affairs offered the following amendment:
Amend HB 338 by striking from lines 6 through 9 on page 4 the following:
"In addition, no person shall be a member of the board if that person's spouse is em ployed in the Towns County school system."
On the adoption of the amendment, the yeas were 50, nays 0, and the amendment was adopted.
The Senate Committee on Urban and County Affairs offered the following amendment:
Amend HB 338 by striking in their entirety lines 18 through 33 on page 4 and lines 1 through 8 on page 5, which read as follows:
"Section 3. (a) The first members of the reconstituted Board of Education of Towns County shall be elected at a special election which shall be conducted on the Tuesday next following the first Monday in November, 1993. The member of the board elected to At-large Post 5 and those members of the board elected thereto from Education Districts 1 and 3 in 1993 shall take office the first day of January immediately following that election and shall serve for initial terms of office which expire December 31, 1998, and upon the election and qualification of their respective successors. The member of the board elected to At-large Post 4 and that member of the board elected thereto from Education District 2 in 1993 shall take office the first day of January immediately following that election and shall serve for initial terms of office which expire December 31, 1996, and upon the election and qualifica tion of their respective successors. Those and all future successors to members of the board whose terms of office are to expire shall be nominated and elected at nonpartisan primaries and elections held immediately preceding the expiration of their respective terms of office, shall take office the first day of January immediately following that election, and shall serve for terms of office of four years and until their respective successors are elected and qualified.",
and inserting in lieu thereof the following:
"Section 3. (a) The first members of the reconstituted Board of Education of Towns County shall be elected at a special election which shall be conducted on the Tuesday next following the first Monday in November, 1993. The members of the board elected thereto from Education Districts 1, 2, and 3 in 1993 shall take office the first day of January imme diately following that election and shall serve for initial terms of office which expire Decem ber 31, 1998, and upon the election and qualification of their respective successors. The members of the board elected to At-large Post 4 and At-large Post 5 in 1993 shall take office the first day of January immediately following that election and shall serve for initial terms of office which expire December 31, 1996, and upon the election and qualification of their respective successors. Those and all future successors to members of the board whose terms of office are to expire shall be nominated and elected at nonpartisan primaries and elections held immediately preceding the expiration of their respective terms of office, shall take of fice the first day of January immediately following that election, and shall serve for terms of office of four years and until their respective successors are elected and qualified."
On the adoption of the amendment, the yeas were 50, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bills as re ported, was agreed to.

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323

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:

Balfour Baugh Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cheeks Clay Coleman Crotts Dawkins Day Dean Edge Egan

Farrow Gillis Gochenour Harbison Hemmer Henson Hill Hooks Huggins Isakson Kemp Langford of 35th Langford of 29th Madden Marable Middleton Newbill

Oliver Parrish Perdue Pollard Ragan of llth Ragan of 32nd Ralston Ray Scott Slotin Starr Taylor Thomas Thompson Turner Tysinger

Those not voting were Senators:

Abernathy Alien

Garner (excused) Glanton

Robinson Walker

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

All the bills on the Senate Local Consent Calendar, except HB 338, having received the requisite constitutional majority, were passed.

HB 338, having received the requisite constitutional majority, was passed as amended.

SENATE CALENDAR
Wednesday, February 10, 1993
FIFTEENTH LEGISLATIVE DAY
SB 73 Council for School Performance--effectiveness of educational programs (Ed--12th)
SB 74 Educational Grants--legislative intent, definitions (Amendments) (Ed--12th) SB 88 Speech-Language Pathology, Audiology--licensing (Substitute) (Ed--21st) SB 102 Columbia County Board of Elections--abolish (U&CA G--24th) SB 103 Certain Workers' Compensation Board Records--access (I&L--24th) SB 125 Property Assessments--time period for appeal (U&CA G--33rd) SB 126 County Boards of Tax Assessors--election (U&CA G--33rd) SB 53 Merit System--sick leave accumulation, utilization (Gov Op--2nd) HB 86 Appropriations, 1993-94--authorize general obligation debt for defense (Substi
tute) (Approp--45th) SB 150 Delinquent Children--disposition, alternative incarceration (YA&HE--35th) SR 131 Older Worker Task Force--create (YA&HE--4th)

Senator Gillis of the 20th assumed the Chair at the direction of the President.

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JOURNAL OF THE SENATE

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

SB 73. By Senators Taylor of the 12th, Henson of the 55th and Brown of the 26th:
A bill to amend Part 12 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the effectiveness of educational programs, so as to provide for findings; to provide for a definition; to provide for a Council for School Performance and its membership, organization, compensation and ex penses, and powers and duties; to provide for duties of the Department of Education.

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

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 Balfour Baugh Blitch Boshears Broun of 46th Brown of 26th Burton Cheeks Clay Coleman Crotts Day
Dean Edge
Egan

Farrow Harbison Hemmer Henson Hill Hooks Huggins Isakson Kemp Langford of 35th Langford of 29th Madden Marable Middleton Newbill Oliver

Perdue Pollard Ragan of llth Ragan of 32nd Ralston Ray Robinson Slotin Starr Taylor Thomas Thompson Turner Tysinger Walker

Voting in the negative were Senators Glanton and Gochenour.

Those not voting were Senators:

Abernathy Bowen Dawkins

Garner (excused) Gillis (presiding)

Parrish Scott

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

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

The President resumed the Chair.

SB 74. By Senators Taylor of the 12th, Henson of the 55th and Brown of the 26th:
A bill to amend Part 9 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to grants for educational programs, so as to provide for legislative intent; to provide for definitions; to provide for petitions for char ter school status and their review and approval; to provide for criteria and proce dures for charter schools and petitions therefor.

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325

Senators Newbill of the 56th, Balfour of the 9th, Edge of the 28th and Tysinger of the 41st offered the following amendment:

Amend SB 74 by striking "over" and inserting "at least" on line 23 of page 2.
By adding before the semicolon on line 25 of page 2 the following:
"and agreed to by at least two-thirds of the number of households in which reside any child who attends the petitioning local school, with each such household entitled to only one vote regardless of the number of children in the household who attend the petitioning local school and with the state board establishing by rule additional criteria for the vote of a household by the parents or guardians of any child residing therein"

Senator Edge of the 28th offered the following amendment:

Amend the amendment offered by Senators Newbill of the 56th, Balfour of the 9th, Edge of the 28th and Tysinger of the 41st to SB 74 by inserting on line 8 of page 1 of the amendment the following after the word "households":
"actually casting ballots".

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:

Abernathy Balfour
Blitch Boshears BP,urton Crotts Day Dean

Edge Egan
Farrow Gmis G,,.lanton Gochenour Isakson Langford of 35th

Langford of 29th Newbill
Perdue R of mh ,,Ragan of., ,,3,,2nd, Ralston Thompson Tysinger

Those voting in the negative were Senators:

Alien Baugh Bowen Broun of 46th BC,,C,rhooelewemk,nsanof 26th
Dawkins
Harbison
Hemmer

Henson Hill Hooks Huggins K,,MeamSd6dp*;en
Marable
Middleton
Oliver

Pollard Ray Robinson Slotin S_TQ t.aayr,lror
Thomas
Turner
Walker

Those not voting were Senators:

Garner (excused)

Parrish

Scott

On the adoption of the amendment offered by Senator Edge of the 28th, the yeas were 25, nays 28, and the amendment was lost.

On the adoption of the amendment offered by Senators Newbill of the 56th, Balfour of the 9th, Edge of the 28th and Tysinger of the 41st, Senator Edge of the 28th called for the

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JOURNAL OF THE SENATE

yeas and nays; the call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

Balfour Bh'tch
BB! ousrthoenars Clay Crotts

Day Edge
Gflaanntton Gochenour Isakson

Newbill Ragan of 32nd
Ralston
Thompson Tysinger

Those voting in the negative were Senators:

Abernathy Baugh Bowen Broun of 46th Brown of 26th Cheeks Coleman Dawkins Dean
Farrow
Gillis
Harbison

Hemmer Henson Hill Hooks Huggins Kemp Langford of 35th Langford of 29th Madden
Marable
Middleton
Oliver

Perdue Pollard Ragan of llth Ray Robinson c, .. lun btarr Taylor
Thomas
Turner
Walker

Those not voting were Senators:

Alien Garner (excused)

Parrish

Scott

On the adoption of the amendment offered by Senators Newbill of the 56th, Balfour of the 9th, Edge of the 28th and Tysinger of the 41st, the yeas were 17, nays 35, and the amendment was lost.

Senators Newbill of the 56th, Balfour of the 9th, Edge of the 28th and Tysinger of the 41st offered the following amendment:

Amend SB 74 by adding before the period on line 16 of page 4 the following:
", but there shall be no exemption from the uniformly sequenced core curricular adopted by the state board".

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:

Balfour Blitch Boshears Burton

Crotts Day Edge Glanton

Gochenour Newbill Ragan of 32nd Tysinger

Those voting in the negative were Senators:

Abernathy Baugh Bowen Broun of 46th Brown of 26th Cheeks

Clay Coleman Dean Egan Farrow Gillis

Harbison Hemmer Henson Hill Hooks Huggins

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327

Isakson Kemp Langford of 35th Langford of 29th Madden Marable Middleton

Oliver Perdue Pollard Ragan of llth Ralston
Ray Robinson

Slotin Starr Taylor Thomas Thompson Turner Walker

Those not voting were Senators:

Alien Dawkins

Garner (excused) Parrish

Scott

On the adoption of the amendment offered by Senators Newbill of the 56th, Balfour of the 9th, Edge of the 28th and Tysinger of the 41st, the yeas were 12, nays 39, 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:

Abernathy Baugh Blitch Bowen Broun of 46th Brown of 26th Cheeks Clay Coleman Crotts Dawkins Day Dean Edge Egan Farrow

Gillis Harbison Hemmer Henson Hill Hooks Huggins Isakson Kemp Langford of 35th Langford of 29th Madden Marable Middleton Newbill

Oliver Perdue Pollard Ragan of 32nd Ralston
Ray Robinson Slotin Starr Taylor Thomas Thompson Turner Tysinger Walker

Those voting in the negative were Senators:

Balfour Boshears

Burton Glanton

Gochenour

Those not voting were Senators:

Alien Garner (excused)

Parrish Ragan of llth

Scott

On the passage of the bill, the yeas were 46, nays 5.

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

Senator Egan of the 40th introduced the doctor of the day, Dr. Alexis Davison, of At lanta, Georgia.

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JOURNAL OF THE SENATE

Lieutenant Governor Howard introduced Miss Geneva McDaniel, a 105 year old resi dent of Walton County, Georgia, who briefly addressed the Senate.
The following general bills of the Senate, favorably reported by the committees, were read the third time and put upon their passage:
SB 88. By Senator Isakson of the 21st:
A bill to amend Chapter 44 of Title 43 of the Official Code of Georgia Annotated, relating to speech-language pathology and audiology, so as to change an exemp tion from licensing; to provide for the granting of licenses to certain persons em ployed in educational institutions under certain conditions.
The Senate Committee on Education offered the following substitute to SB 88:
A BILL
To be entitled an Act to amend Chapter 44 of Title 43 of the Official Code of Georgia Annotated, relating to speech-language pathology and audiology, so as to change the provi sions relating to definitions; to change an exemption from licensing; to provide for the grant ing of provisional licenses to certain persons employed in educational institutions under certain conditions; 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 44 of Title 43 of the Official Code of Georgia Annotated, relating to speech-language pathology and audiology, is amended by adding at the end of Code Section 43-44-3, relating to definitions, the following paragraph:
"(3.1) 'Provisional license' means any temporary license issued by the board pursuant to standards and procedures determined by the board or pursuant to paragraph (1) of sub section (c) of Code Section 43-44-8. Except for a provisional license granted pursuant to paragraph (1) of subsection (c) of Code Section 43-44-8, a provisional license shall not be granted for a total period of time to exceed one year."
Section 2. Said chapter is further amended by striking paragraph (1) of subsection (b) of Code Section 43-44-7, relating to persons requiring licenses, and inserting in its place a new paragraph to read as follows:
"(1) Licensure is not required of a speech-language pathologist or an audiologiat certi fied by the Department of Education or Professional Standards Commission or successor agency 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 3. Said chapter is further amended by adding at the end of Code Section 43-448, relating to licensing requirements, a new subsection to read as follows:
"(c) (1) Notwithstanding any other provisions of this chapter, any person certified by the Department of Education, the Professional Standards Commission, or any successor agency as an audiologist and not licensed by the board as of June 30, 1993, and working as an employee of an educational institution for at least nine months prior to July 1, 1993, shall be granted a provisional license by the board to practice audiology if application there for showing that such person meets the requirements of this paragraph is made to the board no later than December 31, 1993. A person who is granted a provisional license pursuant to this paragraph shall have that provisional license renewed by the board only upon compli ance with the other requirements of this chapter relating to license renewal, including but not limited to meeting any continuing education requirements established for license re newal. A person granted a provisional license pursuant to this paragraph shall be authorized to practice and to hold himself or herself out as being authorized to practice audiology only while that person is working as an employee of an educational institution and if no fees are charged for such services either directly or through a third party.

WEDNESDAY, FEBRUARY 10, 1993

329

(2) Notwithstanding any other provision of this chapter, no person licensed as an audiologist under paragraph (1) of subsection (c) of this Code section shall be entitled to engage in the practice of selling or dispensing hearing aids unless such person meets all require ments for licensure as an audiologist contained in subsection (a) of this Code section.
(3) Notwithstanding any other provision of this chapter, a provisional license granted under paragraph (1) of this subsection shall expire as of July 1, 1995, and shall not be subject to renewal thereafter."
Section 4. Section 2 of this Act shall become effective January 1, 1994. The remaining provisions of this Act shall become effective upon the approval of this Act 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 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:

Baugh Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cheeks Clay Coleman Crotts Day Dean Edge Egan Farrow

Gillis Glanton Gochenour Harbison Hemmer Hill Hooks Huggins Isakson Kemp Langford of 35th Langford of 29th Madden Marable Middleton Newbill

Oliver Perdue Pollard Ragan of llth Ragan of 32nd Ralston Ray Scott Slotin Starr Taylor Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Abernathy Alien Balfour

Dawkins Garner (excused) Henson

Parrish Robinson

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

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

SB 102. By Senator Pollard of the 24th:
A bill to repeal an Act providing for a board of elections in each county having a population of not less than 22,312 and not more than 22,825, approved April 11, 1979, as amended by an Act providing for applicability to each county having a population of not less than 40,000 and not more than 40,700, approved April 12, 1982; to provide an effective date.

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JOURNAL OF THE SENATE

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

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

Those voting in the affirmative were Senators:

Abernathy Balfour Baugh Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cheeks Clay Coleman Crotts Dawkins Day Dean Edge Egan

Farrow Gillis Glanton Gochenour Harbison Hemmer Henson Hill Hooks Isakson Kemp Langford of 35th Langford of 29th Madden Marable Middleton Newbill

Oliver Perdue Pollard Ragan of llth Ragan of 32nd Ralston Ray Robinson Scott Slotin Starr Taylor Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Alien Garner (excused)

Huggins

Parrish

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

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

SB 103. By Senator Pollard of the 24th:
A bill to amend Code Section 34-9-12 of the Official Code of Georgia Annotated, relating to records of the State Board of Workers' Compensation, so as to provide for access to the board's records of fatal cases by the Georgia Department of Labor and the United States Department of Labor Census of Fatal Occupational Injuries Program; to provide an effective date.

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

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

Those voting in the affirmative were Senators:

Abernathy Balfour Baugh Blitch Boshears Bowen Broun of 46th Brown of 26th

Burton Cheeks Clay Crotts Dawkins Day Dean Edge

Egan Farrow Gillis Glanton Gochenour Harbison Hemmer Henson

WEDNESDAY, FEBRUARY 10, 1993

331

Hill Hooks Huggins Isakson Kemp Langford of 35th Langford of 29th Madden Marable Middleton

Newbill Oliver Perdue Pollard Ragan of llth Ragan of 32nd Ralston Ray Robinson

Scott Slotin Starr Taylor Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Alien Coleman

Garner (excused)

Parrish

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

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

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

Mr. President:

The House insists on its position in disagreeing to the Senate substitute, and has ap pointed a Committee of Conference on the part of the House to confer with a like commit tee on the part of the Senate on the following bill of the House:

HB 121. By Representatives Murphy of the 18th, Coleman of the 142nd, Walker of the 141st, Baker of the 70th, Bordeaux of the 151st and others:
A bill to amend an Act providing appropriations for the State Fiscal Year 19921993 known as the "General Appropriations Act", so as to change certain appro priations for the State Fiscal Year 1992-1993.

The Speaker has appointed on the part of the House, Representatives Coleman of the 142nd, Walker of the 141st and Buck of the 135th.

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

HB 121. By Representatives Murphy of the 18th, Coleman of the 142nd, Walker of the 141st and others:
A bill to amend an Act providing appropriations for the State Fiscal Year 19921993 known as the "General Appropriations Act", so as to change certain appro priations for the State Fiscal Year 1992-1993.

Senator Dawkins of the 45th moved that the Senate adhere to the Senate substitute to HB 121, 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 121.

The President appointed as a Conference Committee on the part of the Senate the following:
Senators Dawkins of the 45th, Garner of the 30th and Walker of the 22nd.

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JOURNAL OF THE SENATE

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

SB 125. By Senators Thompson of the 33rd, Garner of the 30th, Robinson of the 16th and others:
A bill to amend Code Section 48-5-311 of the Official Code of Georgia Annotated, relating to the creation of county boards of equalization and the review of prop erty assessments, so as to change the time period within which a taxpayer may appeal an assessment by the county board of tax assessors.

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

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 Balfour Baugh Blitch Boshears Bowen Broun of 46th Brown of 26th Burton
Q Crotts Dawkins Day Dean Edge Egan

Farrow Gillis
Glanton Gochenour Harbison Hemmer Henson Rm ,,HTHTouoggk, si.ns Isakson KemP Madden Marable
Middleton Newbill

Oliver Perdue
Pollard Ragan of llth Ragan of 32nd Ralston R Robingon 0SS~.clootti.tn Starr Thomas Thompson Turner
Tysinger Walker

Those not voting were Senators:

Abernathy Coleman Garner (excused)

Langford of 35th Langford of 29th

Parrish Taylor

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

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

SB 126. By Senators Thompson of the 33rd and Garner of the 30th:
A bill to amend Part 2 of Article 5 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to the county board of tax assessors, so as to author ize the General Assembly, by local Act, to provide for the election of the county board of tax assessors in any county of this state.

Senator Thompson of the 33rd moved that SB 126 be postponed until February 11, 1993.

On the motion, the yeas were 40, nays 1; the motion prevailed, and SB 126 was post poned until February 11, 1993.

WEDNESDAY, FEBRUARY 10, 1993

333

The following bill of the Senate, having been read the third time on February 8 and postponed until February 9, was put upon its passage:
SB 53. By Senator Alien of the 2nd:
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.
Senator Edge of the 28th offered the following amendment:
Amend SB 53 by striking from the title on line 5 of page 1 the word "repeal" and inserting in lieu thereof the word "change".
By striking in their entirety lines 15 through 23 on page 3, which read as follows:
"(c) If the appointing authority disagrees with the claim of aickncaa or need to utilize sick leave made by the employee pursuant to subsection (d) of this Code section, the ap pointing authority may disapprove the uac of auch sick leave in accordance with the criteria catabliahcd in the rules and regulations of the State Personnel Board. The employee may contest the disapproval of the sick leave through the department's employee complaint procedure.",
and inserting in lieu thereof the following:
"(e) If the appointing authority disagrees with the claim of sickness or need to utilize sick leave made by the employee pursuant to subsection {4} (b) of this Code section, the appointing authority may disapprove the use of such sick leaveTrT accordance with the crite ria established in the rules and regulations of the State Personnel Board. The employee may contest the disapproval of the sick leave through the department's employee complaint procedure."
By striking from line 24 of page 3 the following:
"<*> (e)",
and inserting in lieu thereof the following: "(f)".

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 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:

Abernathy Alien Balfour Baugh Blitch Boshears Bowen Broun of 46th Brown of 26th Burton

Cheeks Clay Coleman Crotts Day Dean Edge Egan Farrow Gillis

Glanton Gochenour Harbison Hemmer Henson Hill Hooks Huggins Isakson Kemp

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JOURNAL OF THE SENATE

Langford of 29th Madden Marable Middleton Newbill Oliver Perdue

Pollard Ragan of llth Ragan of 32nd Ralston Ray Robinson Scott

Slotin Taylor Thomas Thompson Turner Tysinger Walker

Voting in the negative were Senators Dawkins and Starr.

Those not voting were Senators:

Garner (excused)

Langford of 35th

Parrish

On the passage of the bill, the yeas were 51, nays 2.

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

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

HB 86. By Representatives Baker of the 70th, Bordeaux of the 151st and Orrock of the 56th:
A bill to amend the General Appropriations Act for State Fiscal Year 1994, be ginning July 1, 1993, and ending June 30, 1994.
Senate Sponsor: Senator Dawkins of the 45th.

Senator Dawkins of the 45th moved that HB 86 be postponed until February 11, 1993.

On the motion, the yeas were 38, nays 0; the motion prevailed, and HB 86 was post poned until February 11, 1993.

SB 150. By Senators Langford of the 35th and Edge of the 28th:
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 additional provisions relating to the disposition of delinquent children; to provide for special alterna tive incarceration--probation boot camps for delinquent children; to provide for the creation, operation, and supervision thereof; to provide for practices, proce dures, and requirements related thereof.

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

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

Those voting in the affirmative were Senators:

Abernathy Alien Balfour Baugh Blitch Boshears Bowen Broun of 46th Brown of 26th

Burton Cheeks Clay Coleman Crotts Dawkins Day Dean Edge

Farrow Gillis Glanton Gochenour Harbison Hemmer Henson Hill Hooks

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335

Huggins Isakson Kemp Langford of 35th Langford of 29th Madden Marable Middleton Newbill

Oliver Perdue Pollard Ragan of llth Ragan of 32nd Ralston Ray Robinson

Scott Slotin Starr Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Egan Garner (excused)

Parrish

Taylor

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

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

SR 131. By Senators Hill of the 4th, Ray of the 19th, Oliver of the 42nd and others: A resolution creating the Older Worker Task Force.

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

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

Those voting in the affirmative were Senators:

Alien Balfour Baugh Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cheeks Clay Coleman Crotts Dawkins Day Dean Edge

Egan Farrow Gillis Glanton Gochenour Harbison Hemmer Henson Hill Hooks Huggins Isakson Kemp Langford of 35th Langford of 29th Madden Marable

Middleton Newbill Perdue Pollard Ragan of llth Ragan of 32nd Ralston Ray Robinson Scott Slotin Starr Thomas Thompson Turner Tysinger
Walker

Those not voting were Senators:

Abernathy Garner (excused)

Oliver Parrish

Taylor

On the adoption of the resolution, the yeas were 51, nays 0.

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

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The following report of the Committee on Enrolling and Journals was read by the Secretary.
Mr. President:
The Committee on Enrolling and Journals has read and examined the following Senate bills and has instructed me to report the same back to the Senate as correct and ready for transmission to the Governor:
SB 21. SB 22. SB 23.
Respectfully submitted, Is/ Waymond C. Huggins, Chairman
Senator, District 53
Senator Robinson of the 16th moved that the Senate do now adjourn until 9:30 o'clock A.M. tomorrow, and the motion prevailed.
At 11:34 o'clock A.M., the President announced the Senate adjourned until 9:30 o'clock A.M. tomorrow.

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337

Senate Chamber, Atlanta, Georgia Thursday, February 11, 1993 Sixteenth Legislative Day
The Senate met pursuant to adjournment at 9:30 o'clock A.M. today and was called to order by the President.
Senator Muggins of the 53rd reported that the Journal of yesterday's proceedings had been read and found correct.
By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House and Senate:
HB 550. By Representative Smith of the 169th: A bill to amend an Act creating a new charter for the City of Alma, so as to continue in office the mayor and certain members of the city council and provide for the expiration of their terms; to provide for council districts.
HB 583. By Representatives Brooks of the 103rd, Westmorland of the 104th, Yates of the 106th and Epps of the 131st: A bill to amend an Act providing for the composition of the Board of Education of Coweta County, so as to reapportion the education districts.
HB 295. By Representatives Holmes of the 53rd, Cauthorn of the 35th, Canty of the 52nd, Hembree of the 98th and Chandler of the 99th: A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to change certain provisions relating to the eligibility of certain registrars and deputy registrars for certain nomination or office.
HB 229. By Representatives Buck of the 135th, Smyre of the 136th and Culbreth of the 132nd: A bill to amend Code Section 48-5-444 of the Official Code of Georgia Annotated, relating to the place of returns of motor vehicles and mobile homes for ad valorem tax purposes, so as to change certain provisions relating to the county where a motor vehicle is required to be returned.
HB 321. By Representative Randall of the 127th: A bill to amend Code Section 40-11-15 of the Official Code of Georgia Annotated, relating to lien foreclosure procedure on abandoned motor vehicles, so as to raise the amount of the filing fee for the affidavit required under this Code section.
HB 325. By Representative Randall of the 127th: A bill to amend Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, so as to change the provisions relating to necessity for com mitment where bail has been tendered and accepted; to provide for a right to a commitment hearing and the waiver thereof.

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HB 72. By Representative Holland of the 157th:
A bill to amend Article 4 of Chapter 12 of Title 9 of the Official Code of Georgia Annotated, relating to judgment liens, so as to provide that when a bona fide purchaser has been in possession of real property for four years, such property shall be discharged from the lien of any judgment against the seller or any prede cessor in title.
SB 30. By Senators Taylor of the 12th, Henson of the 55th and Brown of the 26th: A bill to amend Part 4 of Article 2 of Chapter 2 of Title 38 of the Official Code of Georgia Annotated, relating to financial and property management of military affairs, so as to authorize comprehensive cooperative agreements regarding ser vices and facilities in defense matters among the federal, state, and local governments.
The House has adopted by the requisite constitutional majority the following resolution of the House:
HR 16. By Representatives Davis of the 48th, McKinney of the 51st, Brooks of the 54th, Burkhalter of the 41st and Stanley of the 50th:
A resolution creating the Joint Regionalization of Grady Memorial Hospital Study Committee.
The House has passed by the requisite constitutional majority the following bill of the House:
HB 252. By Representatives Pinholster of the 15th, Stancil of the 16th, Lewis of the 14th, Lawrence of the 64th and Harris of the 17th:
A bill to amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to torts in general, so as to provide that licensed physicians performing physicals to student athletes or serving as team doctors on a volunteer basis shall be immune from civil liability.
The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:
SB 223. By Senator Burton of the 5th: A bill to amend Code Section 16-9-20 of the Official Code of Georgia Annotated, relating to issuance of bad checks, so as to change the definition of the term "present consideration".
Referred to Committee on Special Judiciary.
SB 224. By Senators Tysinger of the 41st, Edge of the 28th and Isakson of the 21st: A bill to amend Article 1 of Chapter 8 of Title 16 of the Official Code of Georgia Annotated, relating to theft, so as to provide for the offense of misappropriation of a trade secret; to provide for definitions; to provide for a penalty.
Referred to Committee on Science, Technology and Industry.
SB 225. By Senators Oliver of the 42nd, Slotin of the 39th, Robinson of the 16th and others: A bill to amend Article 1 of Chapter 16 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions regarding public property, so as to pro vide for legislative findings; to provide for definitions; to provide for the creation of the Commission on the Preservation of the State Capitol and its members,

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terms, compensation and expenses, powers, and duties; to provide for assignment for administrative purposes.
Referred to Committee on Natural Resources.
SB 226. By Senators Taylor of the 12th, Henson of the 55th and Brown of the 26th:
A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to the regulation of insurance, so as to provide a short title; to provide for intent; to authorize the Commissioner of Insurance to develop a Georgia Reform Insurance Plan (GRIP); to provide for features of such plan; to provide for definitions; to provide requirements for health insurance policies; to provide for the calculation of premium rates.
Referred to Committee on Insurance and Labor.
SB 227. By Senators Farrow of the 54th, Oliver of the 42nd, Robinson of the 16th and others:
A bill to amend Title 10 of the Official Code of Georgia Annotated, relating to commerce, so as to add a new Chapter 6A to be entitled "Brokerage Relation ships in Real Estate Transactions"; to provide legislative declaration; to define certain terms; to establish certain relationships between real estate brokers and their clients; to establish certain duties and responsibilities for real estate bro kers; to provide for duration of brokerage engagements.
Referred to Committee on Judiciary.
SB 228. By Senator Langford of the 35th:
A bill to amend Title 3 of the Official Code of Georgia Annotated, the "Georgia Alcoholic Beverage Code," so as to provide for a standard tax increase so that the economic burden borne by law enforcement agencies and society in general is more equally distributed among sellers and consumers of such beverages; to pro vide funds for law enforcement agencies across the State of Georgia to keep up with the increasing demand for services related to crime and traffic incidents.
Referred to Committee on Finance and Public Utilities.
SB 229. By Senator Thompson of the 33rd:
A bill to amend Chapter 9 of Title 24 of the Official Code of Georgia Annotated, relating to witnesses, so as to prohibit compensation of certain employees, offi cials, and agents of state regulatory agencies as expert witnesses; to provide for exceptions; to provide a definition.
Referred to Committee on Judiciary.
SR 156. By Senators Oliver of the 42nd, Edge of the 28th, Robinson of the 16th and Hooks of the 14th:
A resolution creating the Ellis G. Arnall Tribute Commission.
Referred to Committee on Rules.
SR 158. By Senator Thompson of the 33rd:
A resolution designating the Lucius D. Clay Memorial Parkway.
Referred to Committee on Transportation.

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The following bills and resolution of the House were read the first time and referred to committees:
HB 72. By Representative Holland of the 157th:
A bill to amend Article 4 of Chapter 12 of Title 9 of the Official Code of Georgia Annotated, relating to judgment liens, so as to provide that when a bona fide purchaser has been in possession of real property for four years, such property shall be discharged from the lien of any judgment against the seller or any prede cessor in title. Referred to Committee on Special Judiciary.
HB 229. By Representatives Buck of the 135th, Smyre of the 136th and Culbreth of the 132nd:
A bill to amend Code Section 48-5-444 of the Official Code of Georgia Annotated, relating to the place of returns of motor vehicles and mobile homes for ad valorem tax purposes, so as to change certain provisions relating to the county where a motor vehicle is required to be returned. Referred to Committee on Finance and Public Utilities.
HB 252. By Representatives Pinholster of the 15th, Stancil of the 16th, Lewis of the 14th and others:
A bill to amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to torts in general, so as to provide that licensed physicians performing physicals to student athletes or serving as team doctors on a volunteer basis shall be immune from civil liability. Referred to Committee on Health and Human Services.
HB 295. By Representatives Holmes of the 53rd, Cauthorn of the 35th, Canty of the 52nd and others:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to change certain provisions relating to the eligibility of certain registrars and deputy registrars for certain nomination or office. Referred to Committee on Governmental Operations.
HB 321. By Representative Randall of the 127th:
A bill to amend Code Section 40-11-15 of the Official Code of Georgia Annotated, relating to lien foreclosure procedure on abandoned motor vehicles, so as to raise the amount of the filing fee for the affidavit required under this Code section. Referred to Committee on Special Judiciary.
HB 325. By Representative Randall of the 127th:
A bill to amend Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, so as to change the provisions relating to necessity for com mitment where bail has been tendered and accepted; to provide for a right to a commitment hearing and the waiver thereof. Referred to Committee on Special Judiciary.
HB 550. By Representative Smith of the 169th: A bill to amend an Act creating a new charter for the City of Alma, so as to continue in office the mayor and certain members of the city council and provide for the expiration of their terms; to provide for council districts.
Referred to Committee on Urban and County Affairs.

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341

HB 583. By Representatives Brooks of the 103rd, Westmorland of the 104th, Yates of the 106th and Epps of the 131st:
A bill to amend an Act providing for the composition of the Board of Education of Coweta County, so as to reapportion the education districts.
Referred to Committee on Urban and County Affairs.

HR 16. By Representatives Davis of the 48th, McKinney of the 51st and Brooks of the 54th:
A resolution creating the Joint Regionalization of Grady Memorial Hospital Study Committee.
Referred to Committee on Rules.

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

Mr. President:

The Committee on Banking and Financial Institutions has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation:

SB 106. Do pass by substitute.

Respectfully submitted,

Mr. President:

Senator Turner of the 8th District, Chairman

The Committee on Consumer 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 197. Do pass.

Respectfully submitted,

Mr. President:

Senator Langford of the 35th District, Chairman

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

SR 8. Do pass by substitute.

Respectfully submitted,

Mr. President:

Senator Scott of the 36th District, Chairman

The Committee on Finance and Public Utilities has had under consideration the follow ing bills and resolutions of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SB 139. Do pass by substitute.

SR 142. Do pass.

SB 162. Do pass.

HB 142. Do pass by substitute.

SB 202. Do pass.

HB 222. Do pass.

SR 127. Do pass.

Respectfully submitted,

Senator Starr of the 44th District, Chairman

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The following communication from Senator Walker of the 22nd, Chairman of the Sen ate Committee on Health and Human Services, was received and read by the Secretary:

The State Senate Atlanta, Georgia 30334

February 10, 1993

Mr. Frank Eldridge, Jr. Secretary of the Senate 353 State Capitol Atlanta, GA 30334

Dear Mr. Eldridge,

On Wednesday, February 10, 1993 at 3:00 p.m. the Health and Human Services Com mittee will meet in room 307 LOB. I have designated Senator Nadine Thomas, Vice Chair man of the Health and Human Services Committee to chair this meeting.

I have authorized Senator Thomas to take up the following bills in committee:

SB 26

SB 137

SB 46

SB 199

SB 115

Please contact my office if you need additional information. Sincerely,
/s/ Charles Walker

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

Mr. President:

The Committee on Health and Human Services has had under consideration the follow ing bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SB 115. Do pass.
Respectfully submitted,
Senator Thomas of the 10th District, Vice Chairman

Mr. President:

The Committee on Health and Human Services has had under consideration the follow ing bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SB 26. Do pass by substitute.
Respectfully submitted,
Senator Thomas of the 10th District, Vice Chairman

Mr. President:

The Committee on Judiciary has had under consideration the following bills of the Sen ate and has instructed me to report the same back to the Senate with the following recommendations:
SB 1. Do pass by substitute.

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343

SB 2. Do pass by substitute. SB 3. Do pass by substitute.
Respectfully submitted, Senator Oliver of the 42nd District, Chairman

Mr. President:

The Committee on Retirement has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations:
HB 234. Do pass. HB 239. Do pass. HB 316. Do pass.
Respectfully submitted,
Senator Huggins of the 53rd District, Chairman

Mr. President:

The Committee on Special Judiciary has had under consideration the following bills and resolution of the Senate and has instructed me to report the same back to the Senate with the following recommendations:
SB 62. Do pass as amended. SB 130. Do pass as amended. SR 5. Do pass by substitute.
Respectfully submitted,
Senator Egan of the 40th 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 195. Do pass. HB 378. Do pass.

HB 414. Do pass. HB 457. Do pass.

Respectfully submitted,

Senator Thompson of the 33rd District, Chairman

The following bills of the Senate were read the second time:

SB 9. By Senators Hill of the 4th and Hooks of the 14th:
A bill to amend Part 1 of Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to general authority, duties, and procedures of the Department of Administrative Services relative to state purchasing, so as to pro vide for legislative intent; to define certain terms; to provide purchasing guide lines for state agencies for paper containing recycled content; to require the use of retreaded tires.

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SB 117. By Senators Gillis of the 20th, Ray of the 19th and Perdue of the 18th:
A bill to amend Part 2 of Article 1 of Chapter 6 of Title 12 of the Official Code of Georgia Annotated, relating to the practice of professional forestry, so as to change the requirements for registration as a registered forester; to change cer tain provisions relating to references; to provide an effective date.
SB 135. By Senator Parrish of the 43rd:
A bill to amend Code Section 12-12-7 of the Official Code of Georgia Annotated, relating to the powers and duties of the Asbestos Licensing Board, so as to pro vide that such board shall have the authority to require up to 24 hours of train ing for certain persons working with asbestos and to certify such persons.
SB 146. By Senators Robinson of the 16th, Oliver of the 42nd, Edge of the 28th and Ralston of the 51st:
A bill to amend Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance in general, so as to provide for written notice to claimants of payment of claims to attorneys in third-party settlements.
The President called for the morning roll call, and the following Senators answered to their names:

Balfour Baugh Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cheeks Clay Coleman Crotts Dawkins Day Dean Edge Egan

Farrow Garner Gillis Glanton Gochenour Harbison Hemmer Henson Hill Hooks Huggins Isakson Langford of 35th Langford of 29th Madden Marable Middleton

Newbill Oliver Parrish Perdue Pollard Ragan of llth Ragan of 32nd Ralston Ray Robinson Slotin Starr Thomas Thompson Turner Tysinger Walker

Those not answering were Senators:

Abernathy Alien

Kemp Scott

Taylor

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

Senator Huggins of the 53rd introduced the chaplain of the day, Reverend Glenn A. Smith, pastor of Peavine Baptist Church, LaFayette, Georgia, who offered scripture reading and prayer.

THURSDAY, FEBRUARY 11, 1993

345

The following resolutions of the Senate were read and adopted:
SR 155. By Senator Broun of the 46th: A resolution commending the 1992 University of Georgia football team and Head Coach Ray Goff.
SR 157. By Senators Ray of the 19th, Gillis of the 20th, Pollard of the 24th and others: A resolution honoring Youth Art Month.
SR 159. By Senators Burton of the 5th and Balfour of the 9th: A resolution commending R. Bruce Downs, Jr.
The following local, uncontested bills of the Senate, favorably reported by the commit tee as listed on the Senate Local Consent Calendar, were put upon their passage:
SENATE LOCAL CONSENT CALENDAR
Thursday, February 11, 1993
SIXTEENTH LEGISLATIVE DAY
(The names listed with each bill are the Senators whose districts are affected by the legislation.)
SB 195 Isakson, 21st Clay, 37th Ragan, 32nd Thompson, 33rd COBB COUNTY Provides a homestead exemption from Cobb County ad valorem taxes for county purposes in an amount equal to the amount of the assessed value of the homestead which exceeds the assessed value of the homestead for the taxable year immediately preceding the taxable year in which that exemption is first granted to a resident for certain residents of that county who have annual income not exceeding $30,000 who are 62 years of age or over.
HB 378 Gillis, 20th TOOMBS COUNTY Provides for the election of members of the Board of Education of Toombs County; nonpartisan nomination and election of members.
HB 414 Bowen, 13th IRWIN COUNTY Reconstitutes the Board of Education; election districts.
HB 457 Middleton, 20th STEPHENS COUNTY Provides for Stephens County Board of Registrations and Elections.
The report of the committee, which was favorable to the passage of the bills as re ported, was agreed to.

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JOURNAL OF THE SENATE

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

Those voting in the affirmative were Senators:

Alien Baugh Blitch Boshears Broun of 46th Brown of 26th Burton Cheeks Clay Crotts Dawkins Day Dean Edge Egan

Farrow Garner Gillis Glanton Gochenour Hemmer Hill Hooks Huggins Isakson Langford of 35th Langford of 29th Madden Marable Middleton

Newbill Oliver Perdue Pollard Ragan of 32nd Ralston Ray Robinson Slotin Starr Taylor Thomas Thompson Turner Tysinger

Those not voting were Senators:

Abernathy Balfour Bowen Coleman

Harbison Henson Kemp Parrish

Ragan of llth Scott Walker

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

All the bills on the Senate Local Consent Calendar, having received the requisite consti tutional majority, were passed.

SENATE CALENDAR Thursday, February 11, 1993 SIXTEENTH LEGISLATIVE DAY

SB 18 Agriculture Department--assist U. S. Department of Agriculture in inspecting certain agricultural products (Ag--llth)
SB 35 Absentee Ballots--count, tabulate by closing of polls (Substitute) (Gov Op--2nd)
SB 97 Public Letting and Bids in Counties Over 550,000--advertisement (Amendment) (U&CA G--36th)
SB 104 Lottery--setoff debt collection, prize restrictions (EDT&C--46th)
SB 108 Business License Applicant--certain questions answered under oath (Substitute) (Gov Op--21st)
SB 109 Driver Improvement Clinics, DUI Programs--use courthouse space (Gov Op--2nd)
SB 127 English--official language of State (Gov Op--17th)
SR 60 Postsecondary Educational Institutes--urge ethics training in teacher education (H Ed--56th)
SR 107 CA: Nonprofit Raffles--lawful but may be regulated, prohibited (EDT&C--44th)
HB 2 City/County Consolidation--voter approval (U&CA G--33rd)
SB 126 County Boards of Tax Assessors--election (U&CA G--33rd)
HB 86 Appropriations, 1993-94--authorize general obligation debt for defense (Substi tute) (Approp--45th)

THURSDAY, FEBRUARY 11, 1993

347

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

SB 18. By Senators Ragan of the llth and Pollard of the 24th:
A bill to amend Chapter 2 of Title 2 of the Official Code of Georgia Annotated, relating to the Department of Agriculture, so as to provide for powers and au thority of the Department of Agriculture to assist the United States Department of Agriculture in the inspection, certification, and identification of the class, quality, quantity, and condition of certain agricultural products; to provide for fees and costs; to provide for cooperative agreements.

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

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 Baugh Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cheeks Coleman Crotts Dawkins Day Dean Edge

Egan Farrow Gillis Glanton Gochenour Harbison Hemmer Hill Huggins Langford of 35th Langford of 29th
Madden Marable Middleton Newbill

Oliver Perdue Pollard Ragan of llth Ragan of 32nd Ralston Ray Robinson
Scott Slotin Taylor Thomas Thompson Turner Tysinger

Those not voting were Senators:

Abernathy Balfour Clay Garner

Henson Hooks Isakson Kemp

Parrish Starr Walker

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

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

SB 104. By Senators Broun of the 46th, Oliver of the 42nd and Perdue of the 18th:
A bill to amend Chapter 27 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia Lottery for Education, so as to provide for setoff debt collection with respect to lottery prizes; to change certain provisions regarding restrictions on prizes; to provide for legislative purposes; to provide for defini tions; to provide that such setoff remedy shall be in addition to certain other remedies; to provide for comprehensive procedures.

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Senators Broun of the 46th and Taylor of the 12th offered the following amendment:

Amend SB 104 by adding a new Code Section on page 8 designated as Code Section 5017-61 to read as follows:
"50-17-61. The provisions of this article shall only apply to prizes paid by the corpora tion to an individual and shall not apply to any retailer paying prizes not exceeding $600 after deducting the price of the ticket or share or to retailers authorized by the board to pay prizes of up to $5,000 after deducting the price of the ticket or share."

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:

Balfour Baugh Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cheeks Clay Coleman Crotts Dawkins Dean Egan Farrow

Garner Gillis Glanton Gochenour Harbison Hemmer Henson Hill Huggins Isakson Langford of 35th Langford of 29th Madden Marable Middleton Newbill

Oliver Parrish Perdue Pollard Ragan of llth Ragan of 32nd Ralston Ray Robinson Slotin Starr Taylor Thomas Thompson Turner Tysinger

Voting in the negative was Senator Day.

Those not voting were Senators:

Abernathy Alien Edge

Hooks Kemp

Scott Walker

On the passage of the bill, the yeas were 48, nays 1.

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

SB 109. By Senator Alien of the 2nd:
A bill to amend Code Section 40-5-81 of the Official Code of Georgia Annotated, relating to attendance at driver improvement clinics or DUI Alcohol or Drug Use Risk Reduction Programs, so as to authorize the allocation of courthouse space for the use of representatives of licensed driver improvement clinics and DUI Alcohol or Drug Use Risk Reduction Programs.

THURSDAY, FEBRUARY 11, 1993

349

?,

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

|

to.

i-1

';

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 Balfour Baugh Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cheeks Clay Coleman Crotts Dawkins Day Dean Egan

Farrow Garner Gillis Gochenour Harbison Hemmer Henson Hill Huggins Isakson Langford of 35th Langford of 29th Marable Middleton Newbill Oliver Parrish

Perdue Pollard Ragan of llth Ragan of 32nd Ralston Ray Robinson Scott Slotin Starr Taylor Thomas Thompson Turner Tysinger Walker

Voting in the negative was Senator Glanton.

Those not voting were Senators:

Abernathy Edge

Hooks Kemp

Madden

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

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

Senator Scott of the 36th introduced the doctor of the day, Dr. Robert Kaufmann, of Atlanta, Georgia.

The following general resolution and bill of the Senate and House, favorably reported by the committees, were read the third time and put upon their adoption:

SR 107. By Senators Starr of the 44th, Glanton of the 34th and Thomas of the 10th:

A RESOLUTION
Proposing an amendment to the Constitution so as to provide that the holding of raffles by nonprofit organizations shall be lawful under the Constitution but may be restricted, regulated, or prohibited by law; to provide for the submission of this amendment for ratifi cation or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article I, Section II, Paragraph VIII of the Constitution is amended by ad ding at its end a new subparagraph (d) to read as follows:
"(d) On and after January 1, 1995, the holding of raffles by nonprofit organizations shall be lawful and shall not be prohibited by any law enacted prior to January 1, 1994. Laws

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enacted on or after January 1, 1994, however, may restrict, regulate, or prohibit the opera tion of such raffles."

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

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

"[ ] YES [ ] NO

Shall the Constitution be amended so as to provide that the holding of raf fles by nonprofit organizations shall be lawful under the Constitution but may be restricted, regulated, or prohibited by law?"

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:

Abernathy Alien Balfour Baugh Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cheeks Coleman Crotts Dawkins Day Dean Egan

Farrow Garner Gillis Glanton Harbison Hemmer Henson Hill Hooks Huggins Isakson Langford of 35th Langford of 29th Madden Marable Middleton Newbill

Oliver Parrish Perdue Pollard Ragan of llth Ragan of 32nd Ralston Ray Robinson Scott Slotin Starr Taylor Thomas Thompson Turner Tysinger

Those not voting were Senators:

Clay

Gochenour

Edge

Kemp

Walker

On the adoption of the resolution, the yeas were 51, nays 0.

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

HB 2. By Representatives Lane of the 55th, Dixon of the 150th, Shanahan of the 10th and others:
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,

THURSDAY, FEBRUARY 11, 1993

351

so as to provide that no municipal and county consolidation shall become effec tive unless such consolidation is separately approved by a majority of the quali fied voters voting in a referendum thereon in each affected county or counties and in each affected municipality or municipalities located within such county or counties containing at least 10 percent of the population.
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:

Abernathy Alien Blitch Boshears
DUWtJIl
Brown of 26th Burton Clay Coleman Crotts

Gillis Glanton Gochenour Harbison Henson Hill Langford of 29th Newbill Perdue

Ragan of llth Ragan of 32nd Ralston Ray Robinson Scott Thompson Turner Tysinger

Those voting in the negative were Senators:

Balfour Baugh Broun of 46th Cheeks Dawkins Day Dean Edge

Egan Farrow Hemmer Hooks Huggins Isakson Marable Middleton

Oliver Parrish Pollard Slotin Starr Taylor Thomas

Those not voting were Senators:

Garner Kemp

Langford of 35th Madden

Walker

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 Thompson of the 33rd gave notice that, at the proper time, he would move that the Senate reconsider its action in defeating HB 2.

Senator Alien of the 2nd introduced Dr. Bobby Jones, an award winning singer, com poser and TV personality, from Nashville, Tennessee, who briefly addressed the Senate.

352

JOURNAL OF THE SENATE

The following general bill of the House, having been read the third time on February 10, and postponed until February 11, was put upon its passage:

HB 86. By Representatives Baker of the 70th, Bordeaux of the 151st and Orrock of the 56th:
A bill to amend the General Appropriations Act for State Fiscal Year 1994, be ginning July 1, 1993, and ending June 30, 1994.
Senate Sponsor: Senator Dawkins of the 45th.

The Senate Committee on Appropriations offered the following substitute to HB 86:

A BILL
To be entitled an Act to amend an Act providing appropriations for the State Fiscal Year 1992-1993 known as the "General Appropriations Act", approved April 15, 1992 (Ga. L. 1992, p. 1701), as amended, particularly as amended by that certain act which originated as House Bill 121 of this session, so as to change certain appropriations for the State Fiscal Year 1992-1993; to make language and other changes; to reallocate certain funds; to reduce appropriations to the Department of Medical Assistance; to authorize general obligation debt for facilities of the Department of Defense; to provide an effective date; to repeal con flicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. An Act providing appropriations for the State Fiscal Year 1992-1993, as amended, known as the "General Appropriations Act" approved April 15, 1992 (Ga. L. 1992, p. 1701), particularly as amended by that certain act which originated as House Bill 121 of this session, is further amended by striking Section 29, pertaining to the Department of Medical Assistance, and by substituting in lieu thereof the following:

"Section 29. Department of Medical Assistance.

A. Budget Unit: Medicaid Services ............................. $946,877,537

Personal Services.............................................. $12,942,598

Regular Operating Expenses ................. $3,273,421

Travel ............................................................ $104,200

Motor Vehicle Purchases........................... $--0--

Equipment ......................................................... $48,176

Computer Charges ....................... $16,926,286

Real Estate Rentals ......................... $935,973

Telecommunications .............................................. $401,058

Per Diem, Fees and Contracts

................. $56,408,982

Medicaid Benefits, Penalties and Disallowances .................. $2,377,950,364

Payments to Counties for Mental Health ............... $43,767,828

Audit Contracts .................................................... $772,500

SFY 1992 Medicaid Benefits, Penalties and Disallowances......... $222,957,982

Total Funds Budgeted .........

$2,736,489,368

State Funds Budgeted .......................................... $946,877,537

Medical Assistance Functional Budgets Total Funds

State Funds

Commissioner's Office

$

929,327 $

460,517

Benefits, Penalties and Disallowances

$ 2,644,676,174 $ 930,791,236

Community Services

$

1,067,418 $

379,647

Systems Management

$ 18,713,573 $ 5,277,579

Professional Services

$ 2,198,326 $

909,852

Program Compliance

$ 4,570,579 $ 1,730,418

THURSDAY, FEBRUARY 11, 1993

353

Institutional Policy and Reimbursement
Maternal and Child Health
Operations
Total
B. Budget Unit: Indigent Trust Fund........ Per Diem, Fees and Contracts ............ Benefits ................................ Total Funds Budgeted State Funds Budgeted ...................

6,488,687 482,950
57,362,334 2,736,489,368

$ 3,606,486

$

137,939

$ 3,583,863

$ 946,877,537

...... $90,578,050 .......... $--0--
. . . . . $238,866,166 ... $238,866,166
. . $90,578,050"

Section 2. The General Assembly finds and declares that great public benefit shall result from cooperation among the United States, the state, and the counties and municipal corporations and authorities of the state with respect to location in Georgia of the proposed Defense Finance and Accounting Services site, in connection with the Opportunity for Eco nomic Growth program of the United States Department of Defense and the Base Closure and Realignment Commission proceedings of the United States. Such benefits will include enhanced performance of defense and public functions, increased job opportunities, en hanced economic activity, and increased governmental revenues. Pursuant to that finding and declaration, it is hereby further declared to be a significant and important public pur pose for the state to fund by general obligation debt its participation in such an undertaking.

Section 3. Therefore, the Act providing appropriations for the State Fiscal Year 19921993, as amended, known as the "General Appropriations Act" approved April 15, 1992 (Ga. L. 1992, p. 1701), particularly as amended by that certain act which originated as House Bill 121 of this session, is further amended by striking Section 45, pertaining to State of Georgia General Obligation Debt Sinking Fund, and by substituting in lieu thereof the following:

"Section 45. State of Georgia General Obligation Debt Sinking Fund.

A. Budget Unit: State of Georgia General Obligation Debt Sinking Fund

State General Funds (Issued)

$318,716,359

Motor Fuel Tax Funds (Issued)

$68,310,000

387,026,359

B. Budget Unit: State of Georgia General Obligation Debt Sinking Fund

State General Funds (New) .................................... $13,440,000

Motor Fuel Tax Funds (New) ..................................

$-0--

13,440,000"

Section 4. Therefore, the Act providing appropriations for the State Fiscal Year 19921993, as amended, known as the "General Appropriations Act" approved April 15, 1992 (Ga. L. 1992, p. 1701), particularly as amended by that certain act which originated as House Bill 121 of this session, is further amended by striking Section 82, pertaining to provisions rela tive to Section 45, State of Georgia General Obligation Debt Sinking Fund (and providing for the purposes of new debt), and by substituting in lieu thereof the following:

"Section 82. Provisions Relative to Section 45, State of Georgia General Obligation Debt Sinking Fund.

A.) Maturities not to exceed two hundred forty months. Principal Amount

Debt Service

Planning and Construction of Building for the State Department of Defense

$ 140,000,000 $ 13,440,000"

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JOURNAL OF THE SENATE

Section 5. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

Senator Dawkins of the 45th offered the following amendment:

Amend the substitute to HB 86 offered by the Senate Committee on Appropriations by striking lines 9-14 on page 4 and inserting in lieu thereof the following:
"With regard to the appropriation in Section 45 for State of Georgia Obligation Debt Sinking Fund, State General Funds (New), the maximum maturity, user agencies and user authorities, purposes, maximum principal amounts and appropriations of highest annual debt service requirements of the new debt are specified as follows:
Provided that of the above appropriated amount for the State of Georgia General Obli gation Debt Sinking Fund (New), $13,440,000 is specifically appropriated for the purpose of financing facilities for Georgia Building Authority or the Department of Defense of the State of Georgia in connection with the Opportunity for Economic Growth program of the United States Department of Defense and the Base Closure and Realignment Commission proceedings of the United States in connection with Defense Finance and Accounting Ser vice facilities, by means of the acquisition, construction, development, extension, enlarge ment, and improvement of land, property, buildings, structures, equipment, and facilities, both real and personal, necessary or useful in connection with any such facilities, through the issuance of not more than $140,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months."

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

On the adoption of the substitute, the yeas were 43, nays 0, and the substitute was adopted as amended.

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

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

Those voting in the affirmative were Senators:

Abernathy Balfour Baugh Blitch Boshears Bowen Broun of 46th BBruorwtonn of 26th
CClhaeyeks
Coleman Crotts Dawkins Day Dean Edge Egan

Farrow Garner Gillis Glanton Gochenour Harbison Hemmer HHielnl son
HHouogkgsins
Isakson Langford of 35th Langford of 29th Madden Marable Middleton Newbill

Oliver Parrish Perdue Pollard Ragan of 32nd Ralston j^ ,,Ro?binson
^cloottmt
otarr Taylor Thomas Thompson Turner Tysinger Walker

THURSDAY, FEBRUARY 11, 1993

355

Those not voting were Senators:

Alien

Kemp

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

Ragan of llth

The bill, having received the requisite constitutional majority, was passed by substitute.
Senator Taylor of the 12th moved that HB 86 be immediately transmitted to the House.
On the motion, the yeas were 38, nays 0; the motion prevailed, and HB 86 was immedi ately transmitted to the House.

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

SB 97. By Senators Scott of the 36th, Slotin of the 39th and Langford of the 35th:
A bill to amend an Act creating and establishing a purchasing department in certain counties of this state, as amended, so as to change the provision relative to public letting and bids; to change the provision relative to advertisement of bids; to provide an effective date.

The Senate Committee on Urban and County Affairs offered the following amendment:

Amend SB 97 by adding after the period on line 33 of page 2 the following:
"All bids to be let shall be made available for public review in the county purchasing office."

Senator Langford of the 35th moved that SB 97 be placed on the Table.

On the motion, the yeas were 34, nays 0; the motion prevailed, and SB 97 was placed on the Table.

SB 108. By Senator Isakson of the 21st:
A bill to amend Chapter 1 of Title 43 of the Official Code of Georgia Annotated, relating to general provisions regarding the licensing of professions and busi nesses, so as to provide for certain application questions and for their answer under oath.

The Senate Committee on Governmental Operations offered the following substitute to SB 108:

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 regarding the licensing of professions and busi nesses, so as to provide for certain application questions and for their answer under oath; 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 1 of Title 43 of the Official Code of Georgia Annotated, relating to

356

JOURNAL OF THE SENATE

general provisions regarding the licensing of professions and businesses, is amended by ad ding after Code Section 43-1-19.1 a new Code section to read as follows:
"43-1-19.2. Each application for a license to practice a profession or business to be is sued by a state examining board or any agency of the state shall include a question as to whether the applicant for such license:
(1) Has had revoked or suspended any license issued to the applicant by any state ex amining board; or
(2) Was denied issuance or refused renewal of a license by any state examining board pursuant to disciplinary proceedings.
The question shall be answered under oath and the answer shall include the name of the state examining board which revoked, suspended, denied, or refused renewal of the license."
Section 2. This Act shall become effective January 1, 1994.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 49, nays 0, and the substitute was adopted.

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:

Abernathy Balfour Baugh Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cheeks Clay Coleman Crotts Dawkins Day Dean Edge Egan

Farrow Garner Gillis Gochenour Harbison Hemmer Hill Hooks Huggins Isakson Langford of 35th Langford of 29th Madden Marable Middleton Newbill Oliver

Parrish Perdue Pollard Ragan of llth Ragan of 32nd Ralston Ray Robinson Scott Slotin Starr Taylor Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Alien Glanton

Henson

Kemp

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

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

THURSDAY, FEBRUARY 11, 1993

357

SB 127. By Senators Crotts of the 17th, Garner of the 30th, Langford of the 29th and others:
A bill to amend Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to the state flag, seal, and other symbols, so as to designate English as the official language of the State of Georgia.

Senator Hemmer of the 49th offered the following amendment:

Amend SB 127 by adding in the title on line 4 of page 1 between the semicolon and the word "to" the following:
"to provide that this Act shall not prohibit persons from conversing in another lan guage; to prohibit discrimination or denial of rights as a result of a person using or speaking a language other than English;".
By striking the quotation marks at the end of line 13 of page 1 and adding following the period the following:
"The provisions of this Code section shall not prohibit persons from conversing in a language other than English; and no person or state or local governmental agency shall dis criminate against any person or deny a person his or her rights under the laws or the Consti tution of this state as a result of such person using or speaking a language other than English.'"

Senator Slotin of the 39th moved that SB 127 be committed to the Senate Committee on Governmental Operations.

On the motion offered by Senator Slotin of the 39th, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Baugh Bowen Broun of 46th Brown of 26th Cheeks Coleman Farrow Garner Gillis Harbison

Hemmer Henson Hill Hooks Huggins Langford of 35th Madden Marable Middleton Oliver Parrish

Perdue Pollard Ragan of llth Ray Robinson Scott Slotin Taylor Thomas Thompson Walker

Those voting in the negative were Senators:

Balfour Blitch Burton18 Crotts" Dawkins Day

Dean Edge Egan Glanton Gochenour Isakson

Langford of 29th Newbill Ragan f 32nd Ralston Starr Tysinger

Those not voting were Senators:

Alien Clay

Kemp

Turner

358

JOURNAL OF THE SENATE

On the motion, the yeas were 33, nays 19; the motion prevailed, and SB 127 was com mitted to the Senate Committee on Governmental Operations.

SR 60. By Senators Newbill of the 56th, Clay of the 37th, Glanton of the 34th and others:
A resolution urging postsecondary educational institutions to implement ethics and professional practices training for students in teacher education programs.

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:

Abernathy Alien Balfour Baugh Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cheeks Clay Coleman Crotts Dawkins Day Dean Edge

Egan Farrow Garner Gillis Glanton Gochenour Harbison Hemmer Henson Hill Hooks Huggins Isakson Langford of 35th Langford of 29th Madden Marable Middleton

Newbill Oliver Parrish Perdue Pollard Ragan of llth Ragan of 32nd Ralston Ray Robinson Scott Slotin Taylor Thomas Thompson Tysinger Walker

Those not voting were Senators:

Kemp

Starr

Turner

On the adoption of the resolution, the yeas were 53, 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 30. By Senators Taylor of the 12th, Henson of the 55th and Brown of the 26th:
A bill to amend Part 4 of Article 2 of Chapter 2 of Title 38 of the Official Code of Georgia Annotated, relating to financial and property management of military affairs, so as to authorize comprehensive cooperative agreements regarding ser vices and facilities in defense matters among the federal, state, and local governments.

The House substitute to SB 30 was as follows:

A BILL To be entitled an Act to amend Part 4 of Article 2 of Chapter 2 of Title 38 of the

THURSDAY, FEBRUARY 11, 1993

359

Official Code of Georgia Annotated, relating to financial and property management of mili tary affairs, so as to authorize comprehensive cooperative agreements regarding services and facilities in defense matters among the federal, state, and local governments and local au thorities; to authorize the Department of Defense and other state agencies to compete, and contract with the United States, for the establishment of a Defense Finance and Accounting Services facility in Georgia pursuant to the Opportunity for Economic Growth program of the United States Department of Defense and the Base Closure and Realignment Commis sion proceedings of the United States; to provide for the provision of services by local gov ernments and local authorities for defense purposes; to provide for exercise of the power of eminent domain; to provide similar, additional, and related powers in the Department of Defense of the State of Georgia and other state agencies and instrumentalities; to provide for statements of circumstance and public purpose; 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. Part 4 of Article 2 of Chapter 2 of Title 38 of the Official Code of Georgia Annotated, relating to financial and property management of military affairs, is amended by striking Code Section 38-2-177, relating to the power of counties and municipal corporations to make property available to the state and federal governments for purposes of state and national defense, and inserting in its place a new Code section to read as follows:
"38-2-177. (a) The General Assembly finds and declares that great public benefit shall result from cooperation among the United States, the state, the counties and municipal corporations of the state, and public authorities with respect to the national, state, and local defense. In particular, such benefit will result from competing and contracting for the estab lishment of a Defense Finance and Accounting Services facility in Georgia pursuant to the Opportunity for Economic Growth program of the United States Department of Defense and the Base Closure and Realignment Commission proceedings of the United States. Such benefits will include enhanced performance of defense functions, increased job opportuni ties, increased opportunity for job training and creating a skilled work force, enhanced eco nomic activity, and increased governmental revenues. Pursuant to that finding and declara tion, it is further declared to be a significant and important public purpose for the state and local governments to enter into such competition and agreements on such terms and condi tions as they may determine in accord with the following:
(1) The Department of Defense is authorized to acquire, by purchase, gift, condemna tion, or otherwise, construct, establish, operate, maintain, repair, and replace a finance and accounting facility for defense purposes;
(2) In connection therewith, with the approval of the Governor, the Department of De fense" may compete and contract for the establishment of a Defense Finance and Accounting' Services facility in Georgia pursuant to the Opportunity for Economic Growth program of the United States Department of Defense and the Base Closure and Realignment Commis sion proceedings of the United States;
(3) In connection therewith, the department may enter into contracts with the United States, not exceeding 50 years in term, by which the state agrees to make services and facili ties available to the United States for purposes of the national defense, or by which the United States makes services and facilities available to the state or its authorities for pur poses of the state or national defense; and
(4) In connection therewith, any other state agency or instrumentality shall be author ized to participate with the department or separately for the purpose of providing or receiv ing services or facilities consistent with its public functions.
(b) In consideration of the mutual public purposes and pursuant to intergovernmental contract, the he governing authorities of the counties, and municipal corporations, and local authorities of the state are authorized to make appropriations from the funds of such counties, and municipal corporations, and local authorities and are authorized to lease, lend, sell, grant, or donate services and property, both real and personal, of the counties and

360

JOURNAL OF THE SENATE

municipal corporations to the state and the federal government for purposes of local, state, and national defense and for the use of the organized militia. For such purposes they may exercise the power of eminent domain. Any donation of real property to the state by a county, er municipal corporation, or local authority, with a provision in such a gift that the property shall be used for military purposes and should the property not be used for mili tary purposes the same shall revert to the donor, shall be a valid gift; and if the property can be used by the state for military purposes it shall may be accepted by the Governor with such conditions and reverter, but the Governor may require the conveyance of a full fee and tEat likewise shall be a valid conveyance. When so accepted it shall be lawful to expend funds appropriated or otherwise authorized, including proceeds of general obligation debt, for the support of the militia to improve the property with an armory or other military facilities."
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 Taylor of the 12th moved that the Senate agree to the House substitute to SB 30.

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

Those voting in the affirmative were Senators:

Abernathy Alien Balfour Baugh Blitch Boshears Bowen Broun of 46th BBruorwtonn of 26th
Cheeks
Clay
Coleman Crotts Dawkins Day
Dean Edge

Egan Farrow Garner Gillis Glanton Gochenour Harbison Hemmer HHielnl son
Hooks
Huggins
Isakson Langford of 29th Madden Marable
Middleton Newbill

Those not voting were Senators:

Oliver Parrish Perdue Pollard Ragan of llth Ragan of 32nd Ralston n R... ob.inson
^cott
blotm
Starr Taylor Thomas Thompson
Tysinger Walker

Kemp

Langford of 35th

Turner

On the motion, the yeas were 53, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 30.

THURSDAY, FEBRUARY 11, 1993

361

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

SB 35. By Senator Alien of the 2nd:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide for the counting and tabulation of votes cast by absen tee ballot not later than closing of the polls on the day of the election or primary; to provide for procedures.

Senator Alien of the 2nd moved that SB 35 be postponed until Friday, February 12, 1993.

On the motion, the yeas were 36, nays 0; the motion prevailed, and SB 35 was post poned until Friday, February 12, 1993.

The following general bill of the Senate, having been read the third time on February 10 and postponed until February 11, was put upon its passage:

SB 126. By Senators Thompson of the 33rd and Garner of the 30th:
A bill to amend Part 2 of Article 5 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to the county board of tax assessors, so as to author ize the General Assembly, by local Act, to provide for the election of the county board of tax assessors in any county of this state.

Senator Egan of the 40th moved that SB 126 be committed to the Senate Committee on Urban and County Affairs (General).

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

Those voting in the affirmative were Senators:

Abernathy Alien Balfour Bowen Broun of 46th Burton Cheeks Crotts Dawkins Day Edge Egan

Farrow Gillis Glanton Gochenour Harbison Henson Hooks Huggins Langford of 29th Madden Middleton Newbill

Oliver Parrish Ragan of llth Ralston Scott Slotin Starr Taylor Thomas Tysinger Walker

Those voting in the negative were Senators:

Baugh Blitch Boshears Brown of 26th Clay Coleman Dean

Garner Hemmer Hill Isakson Marable Perdue

Pollard Ragan of 32nd Ray Robinson Thompson Turner

Not voting were Senators Kemp and Langford of 35th.

On the motion, the yeas were 35, nays 19; the motion prevailed.

362

JOURNAL OF THE SENATE

Senator Thompson of the 33rd moved that the Senate reconsider its action in adopting the motion offered by Senator Egan of the 40th to commit SB 126 to the Senate Committee on Urban and County Affairs (General).
On the motion, the yeas were 27, nays 17; the motion prevailed, and the motion offered by Senator Egan of the 40th was reconsidered.

Senator Egan of the 40th moved that SB 126 be committed to the Senate Committee on Urban and County Affairs (General); the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Alien Balfour Broun of 46th
B CU rortttsn Dawkins Day

Edge Egan Glanton Gochenour
THT enson Madden Newbill

Oliver Scott Slotin Starr
rTpayl,or Tysinger Walker

Those voting in the negative were Senators:

Baugh Blitch Boshears Brown of 26th
Ctey
Coleman Dean Farrow Garner

Gillis Harbison Hemmer Hm
Muggins
Isakson Langford of 29th Marable Middleton

Perdue Pollard Ragan of llth Ragan of 32nd
Ralston
Rav Robinson Thomas Thompson

Those not voting were Senators:

Bowen Hooks

Kemp Langford of 35th

Parrish Turner

On the motion, the yeas were 22, nays 28; the motion was lost, and SB 126 was not committed to the Senate Committee on Urban and County Affairs (General).

Senator Thompson of the 33rd offered the following amendment:

Amend SB 126 by inserting on line 22 of page 1, between the word "state" and the symbol ".", the following:

"; provided, however, that any person offering for a position on the county board of tax

assessors must have been granted an appraiser classification pursuant to Chapter 38A of

Title 43, the "Real Estate Appraiser Classification and Regulation Act," and have complied

with all other qualifications for tax assessors required by law and must have completed at

least 40 hours of the educational requirements provided in subsection (b) of Code Section

43-39A-8"

~

On the adoption of the amendment, the yeas were 42, nays 6, and the amendment was adopted.

THURSDAY, FEBRUARY 11, 1993

363

Senator Oliver of the 42nd moved that SB 126 be placed on the Table.

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

Those voting in the affirmative were Senators:

Abernathy Balfour Broun of 46th Cheeks Crotts Dawkins Edge Egan

Farrow Gochenour Harbison Hemmer Henson Madden Newbill

Oliver Parrish Scott Slotin Starr Taylor Thomas

Those voting in the negative were Senators:

Alien
Baugh Blitch
Boshears Bowen Brown of 26th Burton Clay Coleman Day Dean

Garner Gillis Glanton Hill Hooks Huggins Isakson Langford of 29th Marable Middleton

Perdue Pollard Ragan of llth Ragan of 32nd Ralston Ray Robinson Thompson Turner Tysinger

Those not voting were Senators:

Kemp

Langford of 35th

Walker

On the motion, the yeas were 22, nays 31; the motion was lost, and SB 126 was not placed on the Table.

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:

Balfour Baugh Blitch Boshears Bowen Burton

Clay Dean Edge Garner Glanton Isakson

Middleton Pollard Ragan of llth Ragan of 32nd Thompson Turner

Those voting in the negative were Senators:

Abernathy Alien Broun of 46th Brown of 26th Cheeks Coleman

Crotts Dawkins Day Egan Farrow Gillis

Gochenour Harbison Hemmer Henson Hooks Huggins

364

JOURNAL OF THE SENATE

Langford of 29th Madden Marable Newbill Oliver Parrish

Perdue Ralston Ray Robinson Scott

Slotin Starr Taylor Thomas Tysinger

Those not voting were Senators:

Hill Kemp

Langford of 35th

Walker

On the passage of the bill, the yeas were 18, nays 34.

The bill, having failed to receive the requisite constitutional majority, was lost.

Senator Abernathy of the 38th introduced several African-American businessmen in recognition of African-American Entrepreneurship Day.

The following resolution of the Senate was read and put upon its adoption:

SR 160. By Senators Garner of the 30th, Robinson of the 16th and Hooks of the 14th:
A resolution relative to adjournment by the General Assembly at 5:00 o'clock P.M. on Friday, February 12, 1993, and to reconvene on Monday, February 15, 1993; 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 34, nays 0.

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

Senator Robinson of the 16th moved that Senator Kemp of the 3rd be excused from the Senate today due to illness.

On the motion, the yeas were 36, nays 0; the motion prevailed, and Senator Kemp of the 3rd was excused from the Senate today.

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 Senate:

SR 160. By Senators Garner of the 30th, Robinson of the 16th and Hooks of the 14th: A resolution relative to adjournment.

THURSDAY, FEBRUARY 11, 1993

365

The following communication from His Excellency, Governor Zell Miller, naming the appointments submitted for confirmation, was read by the Secretary:
STATE OF GEORGIA Office of the Governor
Atlanta 30334
February 11, 1993
Honorable Pierre Howard Lieutenant Governor and
President of the Senate and Members of the Senate Senate Chamber Atlanta, Georgia 30334
Dear Lieutenant Governor Howard and Members of the Senate:
I submit to you, as provided by law, the following appointments for confirmation:
Honorable Foster Rhodes of Houston County, as a member of the Georgia Agricultural Exposition Authority for the term of office beginning June 30, 1992 and ending June 30, 1996.
Honorable Rita C. Guest of Fulton County, as a member of the State Board of Archi tects for the term of office beginning October 2, 1992 and ending July 1, 1996.
Honorable E. Camille Puckett of Gwinnett County, as a member of the State Board of Architects for the term of office beginning October 2, 1992 and ending July 1, 1997.
Honorable Frank S. Heard of Thomas County, as a member of the Georgia Auctioneers Commission for the term of office beginning November 2, 1992 and ending August 14, 1997.
The following named persons as members of the State Board of Barbers for the term of office beginning December 7, 1992 and ending July 25, 1994: Virgil D. Ergle of Gwinnett County; and Samuel David Jones of Houston County.
Honorable Violet Bennett of Wayne County, as a member of the Board of Children and Youth Services for the term of office beginning October 27, 1992 and ending July 6, 1995.
The following named persons as members of the Board of Children and Youth Services for the term of office beginning July 6, 1992 and ending July 6, 1993: Carol King of Dougherty County; and Herbert L. Wells of Houston County.
The following named persons as members of the Board of Children and Youth Services for the term of office beginning July 6, 1992 and ending July 6, 1994: Emma Gresham of Burke County; Theresa Jeanne Nelson of Bartow County; and Carolyn Vason of DeKalb County.
The following named persons as members of the Board of Children and Youth Services for the term of office beginning July 6, 1992 and ending July 6, 1995: Vera E. Brooks of Clayton County; and Logan Marshall of McDuffie County.
The following named persons as members of the Board of Children and Youth Services for the term of office beginning July 6, 1992 and ending July 6, 1996: Susan W. Bisson of Whitfield County; Dr. Sherman R. Day of Cobb County; and Dr. Victor Reynolds of Cobb County.
The following named persons as members of the Board of Children and Youth Services for the term of office beginning July 6, 1992 and ending July 6, 1997: John Gary Bittick of Monroe County; Dr. Elizabeth P. Buttimer of Carroll County; and Dr. Eleanor C. Main of Fulton County.

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The following named persons as members of the Georgia Board of Chiropractic Exam iners for the term of office beginning September 10, 1992 and ending August 20, 1995: Dr. Linda Steele Denham of Bartow County; and Dr. Davis Kinney of Dougherty County.
Honorable Margie G. Clark of DeKalb County, as a member of the Construction Indus try Licensing Board for the term of office beginning September 10, 1992 and ending June 30, 1995.
The following named persons as members of the Board of Corrections for the term of office beginning July 1, 1992 and ending July 1, 1997: Asa Terrell Boynton of Clarke County; Bruce Hudson of Douglas County; and Mary Alice Shipp of Worth County.
The following named persons as members of the State Board of Cosmetology for the term of office beginning June 3, 1992 and ending May 1, 1994: Deborah Harris of Fulton County; and Linda S. Miller of Marion County.
The following named persons as members of the State Board of Cosmetology for the term of office beginning September 16, 1992 and ending May 1, 1995: Mary B. Ayers of Stephens County; and Ollie Pendley of Douglas County.
Honorable Peggy I. Moon of Franklin County, as a member of the State Board of Cos metology for the term of office beginning September 16, 1992 and ending August 9, 1995.
Honorable Charles W. McDougald of Taylor County, as a member of the State Board of Cosmetology for the term of office beginning December 9, 1992 and ending July 1, 1994.
Honorable Benjamin Hatcher of Thomas County, as a member of the Georgia Board of Dentistry for the term of office beginning June 1, 1992 and ending June 30, 1996.
Honorable Olin D. Thompson of Glynn County, as a member of the Georgia Board of Dentistry for the term of office beginning September 25, 1992 and ending August 1, 1997.
Honorable Jana R. Kicklighter of DeKalb County, as a member of the Georgia Board of Examiners of Licensed Dietitians for the term of office beginning September 28, 1992 and ending June 30, 1993.
The following named persons as members of the Georgia Board of Examiners of Li censed Dietitians for the term of office beginning September 28, 1992 and ending June 30, 1995: Louise S. Blanks of Macon County; Doris D. Thurman of Troup County; and Jesse G. Wright of Muscogee County.
Honorable Thomas D. Moreland of Fulton County, as a member of the State Board of Registration for Professional Engineers and Professional Surveyors for the term of office beginning August 28, 1992 and ending June 1, 1997.
Honorable Lynda Beam of Chatham County, as a member of the Georgia Forest Re search Council for the term of office beginning September 25, 1992 and ending August 25, 1999.
Honorable Cay G. Stokes of Emanuel County, as a member of the State Board of Regis tration for Foresters for the term of office beginning September 10, 1992 and ending March 19, 1996.
Honorable Richard Bryant Hightower, Sr. of Haralson County, as a member of the State Board of Funeral Service for the term of office beginning May 13, 1992 and ending February 13, 1998.
Honorable John Horace Mann of Gwinnett County, as a member of the State Board of Registration for Professional Geologists for the term of office beginning May 8, 1992 and ending November 24, 1996.
Honorable Neal Brook of Richmond County, as a member of the Health Strategies Council for the term of office beginning July 1, 1992 and ending July 1, 1995.
The following named persons as members of the Board of Human Resources for the

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term of office beginning June 9, 1992 and ending April 6, 1997: James K. Davis of Fulton County; and Dr. Joseph V. Morrison, Jr. of Chatham County.
Honorable John D. Stephens of Gwinnett County, as a member of the Board of Indus try, Trade and Tourism for the term of office beginning February 4, 1993 and ending July 1, 1994.
The following named persons as members of the Board of Industry, Trade and Tourism for the term of office beginning February 4, 1993 and ending July 1, 1997: Kay W. Cantrell of Cobb County; and Kathryn L. Dunlap of Hall County.
Honorable James Reynolds, III of Greene County, as a member of the Board of Indus try, Trade and Tourism for the term of office beginning February 4, 1993 and ending Janu ary 1, 1998.
Honorable Mike Breedlove of Rockdale County, as a member of the Georgia Board of Landscape Architects for the term of office beginning October 5, 1992 and ending April 1, 1995.
Honorable Eddie Upshaw of Walker County, as a member of the Georgia Board of Landscape Architects for the term of office beginning October 5, 1992 and ending July 1, 1995.
The following named persons as members of the Georgia Board of Examiners of Li censed Practical Nurses for the term of office beginning September 2, 1992 and ending July 1, 1995: Amy Lea Cox of Floyd County; and Wanda A. Hunter of Mclntosh County.
The following named persons as members of the Board of Directors of the Georgia Lot tery Corporation for the term of office beginning November 19, 1992 and ending December 15, 1994: Wyckliffe A. Knox, Jr. of Richmond County; Cecil M. Phillips of Fulton County; and Patrick H. Thomas of Fulton County.
The following named persons as members of the Board of Directors of the Georgia Lot tery Corporation for the term of office beginning November 19, 1992 and ending December 15, 1996: Billye Aaron of Fulton County; and Richard Robert Ensley of Bibb County.
The following named persons as members of the Board of Directors of the Georgia Lot tery Corporation for the term of office beginning November 19, 1992 and ending December 15, 1997: David C. Garrett, III of Gwinnett County; and Helen Ballard Weeks of Fulton County.
The following named persons as members of the Georgia Magistrate Courts Training Council for the term of office beginning December 30, 1992 and ending August 7, 1994: J. D. Bryant of Haralson County; Burl Davis of Bibb County; and LaVerne C. Ogletree of Morgan County.
Honorable Marjorie M. Smith of Fulton County, as a member of the Board of Medical Assistance for the term of office beginning October 14, 1992 and ending June 30, 1996.
Honorable Joseph H. Patterson of Fulton County, as a member of the Board of Medical Assistance for the term of office beginning November 6, 1992 and ending June 30, 1996.
Honorable Hoyt C. Dees of Fulton County, as a member of the Composite State Board of Medical Examiners for the term of office beginning November 5, 1992 and ending Sep tember 1, 1993.
Honorable Donald L. Branyon, Jr. of Clarke County, as a member of the Composite State Board of Medical Examiners for the term of office beginning November 5, 1992 and ending September 1, 1996.
Honorable Pat Stephens of Fulton County, as a member of the Composite State Board of Medical Examiners for the term of office beginning December 2, 1992 and ending Decem ber 31, 1996.
Honorable Robert N. Pilon of Clarke County, as a member of the Composite State

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Board of Medical Examiners for the term of office beginning January 7, 1993 and ending September 1, 1993.
The following named persons as members of the Georgia Music Hall of Fame Authority for the term of office beginning May 18, 1992 and ending January 1, 1996: Richard Greene of Cobb County; and Robert W. Waymer of Fulton County.
Honorable Ben G. Porter of Bibb County, as a member of the Board of Natural Re sources for the term of office beginning January 26, 1993 and ending March 16, 1994.
Honorable Thomas W. Wheeler, Jr. of Fulton County, as a member of the Board of Natural Resources for the term of office beginning January 26, 1993 and ending January 1, 1997.
Honorable Sara S. Clark of Fulton County, as a member of the Board of Natural Re sources for the term of office beginning January 26, 1993 and ending January 1, 1995.
Honorable Felker W. Ward, Jr. of Fulton County, as a member of the Board of Natural Resources for the term of office beginning January 26, 1993 and ending January 1, 1999.
The following named persons as members of the Georgia Board of Nursing for the term of office beginning March 25, 1992 and ending September 23, 1994: Lucilla K. Acree of Cook County; and Patti Alfred Giffin of Fulton County.
The following named persons as members of the State Board of Dispensing Opticians for the term of office beginning August 19, 1992 and ending March 16, 1996: David Alan Digby of DeKalb County; and David Francis Meldrum of DeKalb County.
The following named persons as members of the State Board of Examiners in Optometry for the term of office beginning September 16, 1992 and ending September 6, 1994: Dr. R. Whitman Lord of Bulloch County; and Dr. Allan V. Wexler of Chatham County.
Honorable Alfred K. Barr of Fulton County, as a member of the State Personnel Board for the term of office beginning January 28, 1993 and ending January 3, 1997.
Honorable David Alalof of Columbia County, as a member of the State Personnel Board for the term of office beginning January 28, 1993 and ending January 3, 1998.
The following named persons as members of the State Board of Physical Therapy for the term of office beginning August 18, 1992 and ending August 30, 1995: Frances Armour of Hall County; and Diane Waldner of Fulton County.
Honorable Michael Ray Wisdom of Bibb County, as a member of the State Board of Physical Therapy for the term of office beginning August 30, 1992 and ending August 30, 1995.
Honorable A. Louis Jimenez of Gwinnett County, as a member of the State Board of Podiatry Examiners for the term of office beginning November 6, 1992 and ending May 5, 1995.
The following named persons as members of the Georgia Board of Private Detective and Security Agencies for the term of office beginning May 18, 1992 and ending July 1, 1995: James Martin of Fulton County; and Thomas H. Rentz, Jr. of Newton County.
The following named persons as members of the Georgia Board of Private Detective and Security Agencies for the term of office beginning September 14, 1992 and ending July 1, 1996: Vicky G. Bosnia of Gwinnett County; and Gene Staulcup of Richmond County.
The following named persons as members of the Professional Standards Commission for the term of office beginning July 1, 1992 and ending July 1, 1995: Carlos Cody of Dougherty County; Dr. Ellen C. Lewis of Columbia County; Judy Davidson Lovell of White County; Johnnie R. Miller of DeKalb County; and Raymechia Smith of Muscogee County.
Honorable Audrey Butts of Fulton County, as a member of the Professional Standards Commission for the term of office beginning October 30, 1992 and ending July 1, 1995.

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369

Honorable Russell Yeany of Clarke County, as a member of the Professional Standards Commission for the term of office beginning October 30, 1992 and ending July 1, 1993.
Honorable Donald Steven Meek of Houston County, as a member of the State Board of Examiners of Psychologists for the term of office beginning January 7, 1993 and ending March 27, 1997.
Honorable James L. Wiggins of Dodge County, as a member of the Board of Public Safety for the term of office beginning May 27, 1992 and ending January 20, 1994.
Honorable Hubert Laddel Smith of Floyd County, as a member of the Board of Public Safety for the term of office beginning February 3, 1993 and ending January 20, 1995.
Honorable R. T. Strong of Fulton County, as a member of the Board of Public Safety for the term of office beginning February 3, 1993 and ending January 20, 1996.
Honorable Pat Jarvis of DeKalb County, as a member of the Board of Public Safety for the term of office beginning February 3, 1993 and ending January 29, 1997.
Honorable J. D. Caswell of Gwinnett County, as a member of the Georgia Real Estate Commission for the term of office beginning May 27, 1992 and ending January 29, 1997.
The following named persons as members of the Georgia Composite Board of Profes sional Counselors, Social Workers, and Marriage and Family Therapists for the term of of fice beginning September 22, 1992 and ending December 31, 1993: Clinton E. Dye, Jr. of Fulton County; and Dr. Cynthia Sellers of Bibb County.
The following named persons as members of the Georgia Composite Board of Profes sional Counselors, Social Workers, and Marriage and Family Therapists for the term of of fice beginning September 22, 1992 and ending December 31, 1994: Bobby E. Glover of Hous ton County; Dr. Julius Hornstein of Chatham County; Dr. Joseph Scalise of Oconee County; and Dr. Russell R. Terwilliger of Cobb County.
Honorable Geraldine Scheller-Gilkey of DeKalb County, as a member of the Georgia Composite Board of Professional Counselors, Social Workers, and Marriage and Family Therapists for the term of office beginning January 22, 1993 and ending December 31, 1993.
Honorable Virginia Wilson Flanagin of Richmond County, as a member of the State Board of Examiners for Speech-Language Pathology and Audiology for the term of office beginning July 23, 1992 and ending July 1, 1993.
The following named persons as members of the State Board of Examiners for SpeechLanguage Pathology and Audiology for the term of office beginning July 23, 1992 and end ing July 1, 1994: Leslee Graham-Poole of Fulton County; and Deborah Williams-White of DeKalb County.
Honorable Karen Burris-Davis of Dougherty County, as a member of the State Board of Examiners for Speech-Language Pathology and Audiology for the term of office beginning July 23, 1992 and ending June 24, 1995.
Honorable Mamie Harris of Colquitt County, as a member of the State Board of Exam iners for Speech-Language Pathology and Audiology for the term of office beginning Octo ber 9, 1992 and ending July 1, 1993.
The following named persons as members of the State Board of Technical and Adult Education for the term of office beginning July 1, 1992 and ending June 30, 1997: George L. Bowen, III of DeKalb County; James C. Harrington, Jr. of Forsyth County; Evelyn Shrop shire of Bartow County; Ben J. Tarbutton, Jr. of Washington County; and William T. Wiley, Jr. of Bibb County.
Honorable Daniel B. Rather of Fulton County, as a member of the State Board of Technical and Adult Education for the term of office beginning August 6, 1992 and ending June 30, 1993.
Honorable Gwen Goodman of Chatham County, as a member of the State Board of

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Technical and Adult Education for the term of office beginning August 19, 1992 and ending June 30, 1993.
Honorable Elsie P. Hand of Mitchell County, as a member of the Board of Regents of the University System of Georgia for the term of office beginning January 12, 1993 and ending January 1, 1997.
Honorable Suzanne G. Elson of Fulton County, as a member of the Board of Regents of the University System of Georgia for the term of office beginning January 12, 1993 and ending January 1, 1999.
Honorable James T. Lee of Wilcox County, as a member of the State Board of Registra tion of Used Car Dealers for the term of office beginning September 16, 1992 and ending May 30, 1996.
The following named persons as members of the Board of Regents of the University System of Georgia for the term of office beginning January 12, 1993 and ending January 1, 2000: Thomas F. Allgood of Richmond County; William B. Turner of Muscogee County; and Virgil Williams of Gwinnett County.
Honorable W. H. Harper, Jr. of Burke County, as a member of the Veterans Service Board for the term of office beginning August 10, 1992 and ending April 1, 1999.
The following named persons as members of the State Board of Examiners for Certifi cation of Water and Wastewater Treatment Plant Operators and Laboratory Analysts for the term of office beginning June 19, 1992 and ending August 17, 1995: Kathryn Stege Bragg of Bibb County; Ernest U. Earn of Gwinnett County; and Damon Harper of Tift County.
Honorable M. Yvette Miller of Fulton County, as a member of the State Board of Workers' Compensation for the term of office beginning July 1, 1992 and ending May 1, 1993.
Sincerely,
M Zell Miller
Senator Robinson of the 16th moved that the Senate do now stand adjourned until 8:45 o'clock A.M. tomorrow, and the motion prevailed.
At 12:20 o'clock P.M., the president announced the Senate adjourned until 8:45 o'clock A.M. tomorrow.

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371

Senate Chamber, Atlanta, Georgia Friday, February 12, 1993
Seventeenth Legislative Day

The Senate met pursuant to adjournment at 8:45 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 Thompson of the 33rd moved that the Senate reconsider its action on February 11 in defeating the following bill of the House:

HB 2. By Representatives Lane of the 55th, Dixon of the 150th, Shanahan of the 10th and others:
A bill to amend Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties and municipal corporations, so as to provide that no municipal and county consolidation shall become effec tive unless such consolidation is separately approved by a majority of the quali fied voters voting in a referendum thereon in each affected county or counties and in each affected municipality or municipalities located within such county or counties containing at least 10 percent of the population.

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

Those voting in the affirmative were Senators:

Balfour Baugh Boshears Bowen Brown of 26th Clay Coleman Crotts Dawkins Dean Farrow

Glanton Gochenour Harbison Hemmer
Henson Hill Hooks Huggins Isakson Langford of 29th Marable

Middleton Newbill Oliver Parrish Pollard Ragan of llth Taylor Thomas Thompson Tysinger

Those voting in the negative were Senators:

Cheeks Day

Egan

Walker

Those not voting were Senators:

Abernathy Alien Blitch Broun of 46th Burton Edge Garner

Gillis Kemp Langford of 35th Madden Perdue Ragan of 32nd Ralston

Ray Robinson Scott Slotin Starr Turner

On the motion, the yeas were 32, nays 4; the motion prevailed, and HB 2 was reconsidered.

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By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House:
HB 422. By Representatives Coleman of the 80th, Bannister of the 77th, Johnston of the 81st, Crews of the 78th, Dix of the 76th and others: A bill to amend an Act creating the Recorder's Court of Gwinnett County, so as to change the compensation of the clerk.
HB 425. By Representatives Coleman of the 80th, Bannister of the 77th, Johnston of the 81st, Crews of the 78th, Dix of the 76th and others: A bill to amend an Act providing for the collection of additional fees in cases before the Magistrate Court of Gwinnett County as law library fees, so as to provide for the amount of such fees.
HB 474. By Representatives Floyd of the 172nd, Tillman of the 173rd, Mosley of the 171st and Oliver of the 154th: A bill to amend an Act entitled "An Act to create the board of education of the Liberty County School District," so as to change the compensation of the mem bers and chairman of the board of education.
HB 586. By Representatives Channell of the lllth and Yeargin of the 90th: A bill to amend an Act approved February 4, 1993, so as to correct the expiration date for the term of office of members of the board of education of Wilkes County.
HB 588. By Representatives Channell of the lllth and Bargeron of the 120th: A bill to amend an Act providing for the compensation of the judge of the Pro bate Court of Warren County, so as to change the provisions relating to the com pensation of the clerical help for the judge of the probate court.
HB 612. By Representatives Westmoreland of the 104th and Lakly of the 105th: A bill to provide for the compensation and expenses of the chairperson and mem bers of the Board of Education of Fayette County.
HB 614. By Representative Cox of the 160th: A bill to repeal an Act providing that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Miller County during designated registration periods as provided in former Code Section 40-2-20.1 of the Official Code of Georgia Annotated.
HB 377. By Representatives Smith of the 174th and Tillman of the 173rd: A bill to amend Code Section 15-6-3 of the Official Code of Georgia Annotated, relating to terms of court of the superior courts, so as to change the terms of court for the Superior Court of Mclntosh County.

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HB 248. By Representative Stephenson of the 25th:
A bill to amend Article 5 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to local school superintendents, so as to provide that each local school superintendent shall be paid a certain minimum salary; to provide that such salary shall be paid out of state funds.
HB 237. By Representatives Davis of the 48th, Stanley of the 50th and Orrock of the 56th:
A bill to amend Title 7 of the Official Code of Georgia Annotated, relating to banking and finance, so as to provide for the regulation and licensing of mortgage brokers and mortgage bankers.
HB 522. By Representatives Buck of the 135th, Thomas of the 100th, Groover of the 125th, Lane of the 146th, Stancil of the 91st and others:
A bill to amend Article 4 of Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to inspection of public records, so as to provide that certain information collected by a state agency or institution of higher education in the conduct of a study or research publicly or privately supported on medical, scien tific, technical, scholarly, or artistic issues is not subject to the provisions of said article.
HB 79. By Representatives Walker of the 141st, Bostick of the 165th, Groover of the 125th, Barnes of the 33rd and Thomas of the 100th:
A bill to amend Code Section 17-10-6 of the Official Code of Georgia Annotated, relating to review of sentences of imprisonment for periods of five or more years by a three-judge panel, so as to change the review by a three-judge panel to sentences of imprisonment of 12 or more years or several consecutive sentences which total 12 or more years when fixed and imposed by a judge without a jury.
HB 340. By Representatives Lucas of the 124th, Davis of the 48th, Lawrence of the 64th, Sherrill of the 62nd and Tillman of the 173rd:
A bill to amend Article 1 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to the regulation of hospitals and related institutions, so as to revise the definition of personal care home.
HB 39. By Representatives Powell of the 23rd, Watson of the 139th, Parham of the 122nd and Chandler of the 99th:
A bill to amend Code Section 34-11-7 of the Official Code of Georgia Annotated, relating to exceptions under the "Boiler and Pressure Vessel Safety Act," so as to include certain air storage tanks among the exceptions.
HB 174. By Representatives Powell of the 23rd, Watson of the 139th, Snow-of the 2nd and Bailey of the 93rd:
A bill to amend Part 2 of Article 2 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to bingo, so as to provide for the operation of recreational bingo games which shall not be subject to the same licensing require ments and regulations applicable to certain bingo games operated by nonprofit, tax-exempt organizations.
HB 258. By Representative Watson of the 139th:
A bill to amend Code Section 43-14-2 of the Official Code of Georgia Annotated, relating to definitions applicable to the regulation of electrical contractors, plumbers, conditioned air contractors, low-voltage contractors, and utility con tractors, so as to change the definition of the term "conditioned air contracting".

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HB 360. By Representative Floyd of the 138th: A bill to amend Article 1 of Chapter 2 of Title 10 of the Official Code of Georgia Annotated, relating to general previsions relative to the regulation of weights and measures, so as to provide that all pulpwood, sawtimber, poles, and other types of timber sold by weight shall be sold on the basis of tonnage or pounds, with one ton equaling 2,000 pounds.
The House has adopted by the requisite constitutional majority the following resolution of the House:
HR 118. By Representative Lane of the 55th: A resolution creating the Joint Boundaries of Regional Development Centers Study Committee.
The House has agreed to the Senate amendments to the following bill of the House:
HB 338. By Representative Twiggs of the 8th: A bill to reconstitute the Board of Education of Towns County and provide for its powers, duties, rights, obligations, and liabilities and subject it to certain con stitutional and statutory provisions.
The House has agreed to the Senate substitute to the following bill of the House:
HB 86. By Representatives Baker of the 70th, Bordeaux of the 151st and Orrock of the 56th: A bill to amend the General Appropriations Act for State Fiscal Year 1994, be ginning July 1, 1993, and ending June 30, 1994.
The following bills of the Senate were introduced, read the first time and referred to committees:
SB 230. By Senators Ray of the 19th and Pollard of the 24th: A bill to amend Code Section 33-24-26 of the Official Code of Georgia Annotated, relating to the cancellation or nonrenewal of certain property insurance policies, so as to provide the reasons for which an insurer may cancel a residential real property policy.
Referred to Committee on Insurance and Labor.
SB 231. By Senator Cheeks of the 23rd: A bill to amend Code Section 10-1-393 of the Official Code of Georgia Annotated, relating to unfair or deceptive practices in consumer transactions, so as to pro vide that each promotional offer made in the state must be identified on the envelope containing the notice as a promotion and that the odds of winning must be stated conspicuously.
Referred to Committee on Consumer Affairs.
SB 232. By Senators Parrish of the 43rd, Oliver of the 42nd, Henson of the 55th and Thomas of the 10th: A bill to amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to numbers of judges of superior courts, so as to provide for a tenth judge of the superior courts of the Stone Mountain Judicial Circuit of Georgia; to provide for the appointment of the first such additional judge by the Governor; to provide for the election of successors to the judge initially appointed.
Referred to Committee on Judiciary.

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375

SB 233. By Senators Clay of the 37th, Ragan of the 32nd and Isakson of the 21st:
A bill to amend Code Section 48-5-2 of the Official Code of Georgia Annotated, relating to definitions regarding ad valorem taxation of property, so as to change the definition of fair market value of property; to provide for valuation of certain property on the basis of its existing use; to provide for the fair market value of timber; to provide an effective date; to provide for applicability.
Referred to Committee on Finance and Public Utilities.
SB 234. By Senators Taylor of the 12th, Henson of the 55th and Brown of the 26th:
A bill to amend Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, so as to change provisions relating to the Child Abuse Fatal ity Review Panel; to change the name of the panel to the Child Abuse Prevention Panel; to change provisions relating to the membership, compensation, powers, duties, and operations of the panel; to provide for administrative attachment of the panel to the Criminal Justice Coordinating Council.
Referred to Committee on Judiciary.
SB 235. By Senators Balfour of the 9th, Edge of the 28th, Clay of the 37th and others:
A bill to amend Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, so as to prohibit workers' compensation bene fits in the event of a positive confirmed drug test result; to provide for certain presumptions and rebuttals with respect to allowing such benefits; to authorize certain testing; to require the State Board of Workers' Compensation to provide for testing policies, procedures, and methods.
Referred to Committee on Insurance and Labor.
SB 236. By Senators Walker of the 22nd and Henson of the 55th:
A bill to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to regulate the referral of patients by health care providers; to provide a short title; to provide a statement of purposes; to provide for definitions; to prohibit health care providers from referring patients to certain entities in which such providers or members of such providers' imme diate families have a financial interest.
Referred to Committee on Health and Human Services.
SB 237. By Senator Garner of the 30th:
A bill to amend Code Section 16-13-49 of the Official Code of Georgia Annotated, relating to forfeitures under the "Georgia Controlled Substances Act," so as to provide that under certain conditions an amount not exceeding 25 percent of money forfeited or realized from the disposition of forfeited property shall be paid to a person, other than a law enforcement officer, who furnishes information which leads to the seizure of property.
Referred to Committee on Special Judiciary.
SB 238. By Senator Garner of the 30th:
A bill to amend Code Section 32-6-28 of the Official Code of Georgia Annotated, relating to permits for excess weight and dimensions with respect to the opera tion of certain vehicles on the public roads of this state, so as to change the provisions relating to permits for excess dimensions; to provide for an annual permit and permit fee for loads of preengineered and premanufactured wood roof and floor trusses up to and including 12 feet wide.
Referred to Committee on Transportation.

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|

SB 239. By Senator Parrish of the 43rd:

I

A bill to amend Chapter 1 of Title 36 of the Official Code of Georgia Annotated,

?

relating to general provisions applicable to counties only, so as to provide that in

each county of this state having a population of more than 400,000 according to

the United States decennial census of 1990 or any future such census and having

a civil service system for employees of the county, employees of the office of sher

iff shall be included under the civil service system.

Referred to Committee on Urban and County Affairs (General).

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

HB 39. By Representatives Powell of the 23rd, Watson of the 139th, Parham of the 122nd and Chandler of the 99th:
A bill to amend Code Section 34-11-7 of the Official Code of Georgia Annotated, relating to exceptions under the "Boiler and Pressure Vessel Safety Act," so as to include certain air storage tanks among the exceptions.
Referred to Committee on Science, Technology, and Industry.

HB 79. By Representatives Walker of the 141st, Bostick of the 165th, Groover of the 125th and others:

A bill to amend Code Section 17-10-6 of the Official Code of Georgia Annotated,

,

relating to review of sentences of imprisonment for periods of five or more years

,:

by a three-judge panel, so as to change the review by a three-judge panel to

*

sentences of imprisonment of 12 or more years or several consecutive sentences

which total 12 or more years when fixed and imposed by a judge without a jury.

Referred to Committee on Special Judiciary.

HB 174. By Representatives Powell of the 23rd, Watson of the 139th, Snow of the 2nd and Bailey of the 93rd:
A bill to amend Part 2 of Article 2 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to bingo, so as to provide for the operation of recreational bingo games which shall not be subject to the same licensing require ments and regulations applicable to certain bingo games operated by nonprofit, tax-exempt organizations.
Referred to Committee on Economic Development, Tourism and Cultural Affairs.

HB 237. By Representatives Davis of the 48th and Stanley of the 50th:
A bill to amend Title 7 of the Official Code of Georgia Annotated, relating to banking and finance, so as to provide for the regulation and licensing of mortgage brokers and mortgage bankers.
Referred to Committee on Banking and Financial Institutions.

HB 248. By Representative Stephenson of the 25th:

A bill to amend Article 5 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to local school superintendents, so as to provide that each local school superintendent shall be paid a certain minimum salary; to provide that such salary shall be paid out of state funds.

i;

Referred to Committee on Education.

;

HB 258. By Representative Watson of the 139th:

A bill to amend Code Section 43-14-2 of the Official Code of Georgia Annotated, relating to definitions applicable to the regulation of electrical contractors,

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plumbers, conditioned air contractors, low-voltage contractors, and utility con tractors, so as to change the definition of the term "conditioned air contracting".
Referred to Committee on Science, Technology, and Industry.
HB 340. By Representatives Lucas of the 124th, Davis of the 48th, Lawrence of the 64th and others:
A bill to amend Article 1 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to the regulation of hospitals and related institutions, so as to revise the definition of personal care home.
Referred to Committee on Youth, Aging and Human Ecology.
HB 360. By Representative Floyd of the 138th:
A bill to amend Article 1 of Chapter 2 of Title 10 of the Official Code of Georgia Annotated, relating to general provisions relative to the regulation of weights and measures, so as to provide that all pulpwood, sawtimber, poles, and other types of timber sold by weight shall be sold on the basis of tonnage or pounds, with one ton equaling 2,000 pounds.
Referred to Committee on Agriculture.
HB 377. By Representatives Smith of the 174th and Tillman of the 173rd:
A bill to amend Code Section 15-6-3 of the Official Code of Georgia Annotated, relating to terms of court of the superior courts, so as to change the terms of court for the Superior Court of Mclntosh County.
Referred to Committee on Judiciary.
HB 522. By Representatives Buck of the 135th, Thomas of the 100th, Groover of the 125th and others:
A bill to amend Article 4 of Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to inspection of public records, so as to provide that certain information collected by a state agency or institution of higher education in the conduct of a study or research publicly or privately supported on medical, scien tific, technical, scholarly, or artistic issues is not subject to the provisions of said article.
Referred to Committee on Higher Education.
HB 614. By Representative Cox of the 160th:
A bill to repeal an Act providing that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Miller County during designated registration periods as provided in former Code Section 40-2-20.1 of the Official Code of Georgia Annotated.
Referred to Committee on Urban and County Affairs.
HB 422. By Representatives Coleman of the 80th, Bannister of the 77th, Johnston of the 81st and others:
A bill to amend an Act creating the Recorder's Court of Gwinnett County, so as to change the compensation of the clerk.
Referred to Committee on Urban and County Affairs.

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HB 425. By Representatives Coleman of the 80th, Bannister of the 77th, Johnston of the 81st and others: A bill to amend an Act providing for the collection of additional fees in cases before the Magistrate Court of Gwinnett County as law library fees, so as to provide for the amount of such fees.
Referred to Committee on Urban and County Affairs.
HB 474. By Representatives Floyd of the 172nd, Tillman of the 173rd, Mosley of the 171st and Oliver of the 154th: A bill to amend an Act entitled "An Act to create the board of education of the Liberty County School District," so as to change the compensation of the mem bers and chairman of the board of education.
Referred to Committee on Urban and County Affairs.
HB 586. By Representatives Channell of the lllth and Yeargin of the 90th: A bill to amend an Act approved February 4, 1993, so as to correct the expiration date for the term of office of members of the board of education of Wilkes County.
Referred to Committee on Urban and County Affairs.
HB 588. By Representatives Channell of the lllth and Bargeron of the 120th: A bill to amend an Act providing for the compensation of the judge of the Pro bate Court of Warren County, so as to change the provisions relating to the com pensation of the clerical help for the judge of the probate court.
Referred to Committee on Urban and County Affairs.
HB 612. By Representatives Westmoreland of the 104th and Lakly of the 105th: A bill to provide for the compensation and expenses of the chairperson and mem bers of the Board of Education of Fayette County.
Referred to Committee on Urban and County Affairs.
HR 118. By Representative Lane of the 55th: A resolution creating the Joint Boundaries of Regional Development Centers Study Committee.
Referred to Committee on Rules.
The following reports of standing committees were read by the Secretary:
Mr. President:
The Committee on Governmental Operations has had under consideration the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:
SB 129. Do pass. HB 125. Do pass.
Respectfully submitted, Senator Alien of the 2nd District, Chairman
Mr. President:
The Committee on Insurance and Labor has had under consideration the following bill

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379

of the Senate and has instructed me to report the same back to the Senate with the follow ing recommendation:
SB 133. Do pass by substitute. Respectfully submitted, Senator Pollard of the 24th District, Chairman

Mr. President:

The Committee on Judiciary has had under consideration the following bills of the Sen ate and House and has instructed me to report the same back to the Senate with the follow ing recommendations:

SB 128. Do pass by substitute.

HB 144. Do pass.

SB 148. Do pass.

SB 154. Do pass.

HB 146. Do pass.

Respectfully submitted,

Senator Oliver of the 42nd District, Chairman

Mr. President:

The Committee on Natural Resources has had under consideration the following bills of the Senate and has instructed me to report the same back to the Senate with the following recommendations:
SB 16. Do pass by substitute. SB 191. Do pass.
Respectfully submitted,
Senator Gillis of the 20th District, Chairman

Mr. President:

The Committee on Special Judiciary has had under consideration the following bills of the Senate and has instructed me to report the same back to the Senate with the following recommendation:

SB 113. Do pass. SB 119. Do pass.

SB 189. Do pass. SB 120. Do pass by substitute.

SB 64. Do pass.

Respectfully submitted,

Senator Egan of the 40th District, Chairman

Mr. President:

The Committee on Special Judiciary has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SB 41. Do pass by substitute.
Respectfully submitted,
Senator Egan of the 40th District, Chairman

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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 217. Do pass.

HB 456. Do pass.

SB 218. Do pass.

HB 459 Do pass

S_, B 219. Do pass. SB 220. Do pass. SB 221. Do pass.

,,H_B 466. D^o pass. HB 468' D Pass-

HB 453. Do pass.

HB 570. Do pass. Respectfully submitted,
Senator Thompson of the 33rd District, Chairman

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

SB 1. By Senators Oliver of the 42nd, Garner of the 30th, Thompson of the 33rd and others:
A bill to amend Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, so as to change the conditions under which reports of child abuse are made to law enforcement authorities or district attorneys; to provide for child fatality review subcommittees and their duties, meetings, records, re ports, disclosures, and liability.

SB 2. By Senators Oliver of the 42nd, Marabie of the 52nd, Robinson of the 16th and others:
A bill to amend Code Section 49-5-41 of the Official Code of Georgia Annotated, relating to access to reports of child abuse, so as to change which persons or entities may have such access.

SB 3. By Senators Oliver of the 42nd, Hill of the 4th, Robinson of the 16th and others:
A bill to amend Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile court proceedings, so as to change provisions re lating to temporary transfers of custody of children found to be deprived; to amend Code Section 16-3-21 of the Official Code of Georgia Annotated, relating to the use of force in the defense of self or others; to amend Code Section 24-9-20 of the Official Code of Georgia Annotated, relating to testimony of criminal defendants.

SB 26. By Senators Thomas of the 10th and Walker of the 22nd:
A bill to amend Code Section 49-5-8 of the Official Code of Georgia Annotated, relating to powers and duties of the Department of Human Resources, so as to change the provisions relating to the provision of financial assistance for agencies placing hard-to-place children; to revise the provisions relating to the circum stances and terms of payment.

SB 62. By Senators Henson of the 55th, Thompson of the 33rd, Ragan of the 32nd and others:
A bill to amend Code Section 15-12-122 of the Official Code of Georgia Anno tated, relating to jury panels for civil actions, so as to change the provisions relat ing to jury panels in civil actions in the state courts and demands for a jury of 12; to provide for applicability; to provide an effective date.

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381

SB 106. By Senators Turner of the 8th, Robinson of the 16th, Broun of the 46th and others:
A bill to amend Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to financial institutions, so as to add a new article to provide for the licensing of mortgage lenders and mortgage brokers; to define certain terms; to provide for inapplicability for certain persons and entities; to provide that it shall be unlawful to transact a mortgage lending or brokerage business without a license.
SB 115. By Senators Henson of the 55th, Parrish of the 43rd and Dawkins of the 45th:
A bill to amend Chapter 28 of Title 43 of the Official Code of Georgia Annotated, relating to occupational therapists, so as to change which persons must be li censed under that chapter and change qualifications for and exceptions from licensing.
SB 130. By Senators Egan of the 40th, Turner of the 8th and Perdue of the 18th:
A bill to amend Part 9 of Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to liens of veterinarians and boarders of animals for the treatment and care of animals, so as to change certain provisions relating to notice to owner and sale or disposal of animals; to repeal certain provisions relating to the disposing of an animal by the veterinarian or boarder of animals wherein the animal was cared for or treated.
SB 139. By Senators Starr of the 44th and Garner of the 30th:
A bill to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to provide for a local tax amnesty program; to pro vide for legislative findings, declarations, and intent; to provide for definitions; to provide for powers, duties, and authority of local officials with respect to such local amnesty program; to provide for waiver of local tax penalties and criminal prosecution; to provide an effective date.
SB 162. By Senators Taylor of the 12th, Henson of the 55th and Brown of the 26th:
A bill to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to repeal provisions relating to the Fiscal Division of the Department of Administrative Services; to create the Office of Treasury and Fis cal Services and a director of said office; to provide for said office and director to serve as successors to the Fiscal Division of the Department of Administrative Services and its director.
SB 202. By Senators Kemp of the 3rd, Robinson of the 16th and Garner of the 30th:
A bill to amend Chapter 14 of Title 48 of the Official Code of Georgia Annotated, relating to grants and special revenue disbursements, so as to define a certain term; to provide that counties in which lies a certain amount of unimproved state owned real property shall be entitled to receive a grant of funds based on the value of public services provided.
SR 5. By Senators Garner of the 30th, Robinson of the 16th and Hill of the 4th:
A resolution proposing an amendment to the Constitution so as to provide for limitations on the number of consecutive full terms of office which may be served by members of the House of Representatives and Senate of the State of Georgia, the Lieutenant Governor, the Secretary of State, the Attorney General, the State

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School Superintendent, the Commissioner of Insurance, the Commissioner of Ag riculture, the Commissioner of Labor, and members of the Public Service Com mission; to provide for the submission of this amendment for ratification or rejection.
SR 8. By Senators Scott of the 36th and Oliver of the 42nd:
A resolution creating the Capital Outlay for Education Task Force.
SR 127. By Senators Coleman of the 1st and Alien of the 2nd:
A resolution authorizing the conveyance of certain state property and the grant ing of certain nonexclusive easements for operation and maintenance of a thor oughfare and for other purposes in, on, over, under, upon, across, or through property owned by the State of Georgia in Chatham County, Georgia; to provide an effective date.
SR 142. By Senator Garner of the 30th:
A resolution authorizing the granting of an easement on, over, under, upon, across, or through property owned by the State of Georgia in Carroll County, Georgia; to provide an effective date.
HB 142. By Representative Watson of the 139th:
A bill to amend Chapter 26 of Title 50 of the Official Code of Georgia Annotated, the "Georgia Housing and Finance Authority Act," so as to change the provisions relating to legislative findings and intent; to amend Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to the regulation and construction of hospitals and other health care facilities, so as to repeal the "Hospital Financing Authority Act".
HB 197. By Representatives Dixon of the 168th, Mobley of the 69th and Hegstrom of the 66th:
A bill to amend Article 1 of Chapter 5 of Title 3 of the Official Code of Georgia Annotated, relating to general provisions regarding malt beverages, so as to pro vide that a head of a household may produce 50 gallons of malt beverages per year for home consumption without being licensed or paying excise taxes.
HB 222. By Representatives Harris of the 112th, Dover of the 9th, Royal of the 164th and Skipper of the 137th:
A bill to amend Article 5 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to uniform property tax administration and equalization, so as to authorize the board of assessors to perform certain duties upon designation by the tax receiver or tax commissioner.
HB 234. By Representative Cummings of the 27th:
A bill to amend Article 6 of Chapter 20 of Title 47 of the Official Code of Georgia Annotated, relating to miscellaneous provisions relative to the Public Retirement Systems Standards Law, so as to repeal Code Section 47-20-63, relating to the exemption of a certain bill relating to the Georgia Firemen's Pension Fund from the provisions of such chapter.
HB 239. By Representatives Cummings of the 27th and Godbee of the 145th:
A bill to amend Article 7 of Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to retirement allowances, disability allowances, and related matters under the Teachers Retirement System of Georgia, so as to authorize the

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383

board of trustees of such retirement system to pay the taxable portion of any refunded accumulated contributions to an eligible retirement plan.

HB 316. By Representatives Godbee of the 145th, White of the 161st and Taylor of the 134th:
A bill to amend Code Section 47-3-1 of the Official Code of Georgia Annotated, relating to definitions for purposes of the law regarding the Teachers Retirement System of Georgia, so as to delete certain references to appointed boards of education.
The President called for the morning roll call, and the following Senators answered to their names:

Balfour Baugh Blitch Boshears Bowen Broun of 46th Brown of 26th Burton CClhaeyeks
Coleman Crotts Dawkins
Day Dean Edge Egan

Farrow Garner Gillis Glanton Gochenour Harbison Hemmer Henson HHoilol ks
Huggins Isakson Kemp
Langford of 29th Madden Marable Middleton

Newbill Oliver Parrish Perdue Pollard Ragan of llth j^ of 32nd D,. ^ Robmson
lotm btarr Taylor
Thomas Turner Tysinger Walker

Those not answering were Senators:

Abernathy Alien

Langford of 35th Ray

Scott Thompson

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

Senator Bowen of the 13th introduced the chaplain of the day, Reverend Doug Fullington, pastor of Pinehurst Baptist Church, Pinehurst, Georgia, who offered scripture reading and prayer.

The following resolutions of the Senate were read and adopted:

SR 161. By Senator Robinson of the 16th: A resolution recognizing and commending Jack Land.

SR 162. By Senator Robinson of the 16th: A resolution recognizing Reverend Charles A. Heath.

SR 163. By Senator Dean of the 31st: A resolution recognizing the City of Cartersville.

SR 164. By Senator Perdue of the 18th:
A resolution declaring Harness Racing Week in Georgia and recognizing the Hawkinsville Harness Festival.

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The following local, uncontested bills of the Senate and House, favorably reported by the committee as listed on the Senate Local Consent Calendar, were put upon their passage:
SENATE LOCAL CONSENT CALENDAR
Friday, February 12, 1993
SEVENTEENTH LEGISLATIVE DAY
(The names listed with each bill are the Senators whose districts are affected by the legislation.)
SB 217 STARR, 44th CITY OF MORROW
Provides a homestead exemption from certain City of Morrow ad valorem taxes for city purposes in the amount of $5,000 of the assessed value of the homestead for certain residents of the city; to provide definitions; specify terms; provides for applicability; provides for a referendum, effective dates, and automatic repeal.
SB 218 STARR, 44th GLANTON, 34th THOMAS, 10th CLAYTON COUNTY
Consolidates the offices of tax receiver and tax collector of Clayton County into the single office of tax commissioner; as amended, provides for applica tion of civil service benefits to the deputy tax commissioner; provides an ef fective date.
SB 219 STARR, 44th GLANTON, 34th THOMAS, 10th CLAYTON COUNTY
Provides an increase in the homestead exemption for county ad valorem taxes for residents of Clayton County who own and occupy their residences, as amended, to increase the amount of such exemption for residents 65 years of age or over.
SB 220 STARR, 44th GLANTON, 34th THOMAS, 10th CLAYTON COUNTY
Authorizes the Board of Commissioners to offer the elected officials of Clayton County and all employees subject to the jurisdiction of such elected offi cials, participation in county's retirement and benefit system; makes provi sions for petitioning the board of commissioners to allow such elected officials and their employees coverage under the county's system; provides an effec tive date.
SB 221 STARR, 44th THOMAS, 10th CLAYTON COUNTY
Provides for appointment of chief magistrate of the Magistrate Court; parti san election of chief magistrate; provides for terms of office and provides for filling vacancies.

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385

HB 453 BROUN, 46th CLARKE COUNTY
Repeals certain permanent Clarke County paid staff positions within West ern Judicial Circuit; Office of District Attorney.

HB 456 BAUGH, 25th GREENE COUNTY
Creates the Board of Commissioners of Greene County; election districts; changes composition; terms.

HB 459 BAUGH, 25th GREENE COUNTY
Creates the Board of Education; election districts; changes composition.

HB 466 HOOKS, 14th CITY OF AMERICUS
Provides for a new charter for the City of Americus; mayor and councilmembers; changes election districts; qualifications; notice of candidacy filing.

HB 468 HOOKS, 14th CITY OF AMERICUS
Reconstitutes Board of Education of Independent School System.

HB 570 PERDUE, 18th CITY OF WARNER ROBINS
Changes provisions for election of city council members; districts; terms.

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:

Balfour Baugh Blitch Boshears Bowen Broun of 46th BC_,huerteok, ns Clay Coleman Crotts Dawkins Day Dean Edge Egan Farrow

Garner Gillis Glanton Gochenour Harbison Hemmer Henson Hill Hooks Huggins Isakson Kemp Langford of 29th Madden Marable Middleton Newbill

Oliver Parrish Perdue Pollard Ragan of llth Ragan of 32nd Ralston Ray Robinson Slotin Starr Taylor Thomas Thompson Turner Tysinger

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Those not voting were Senators:

Abernathy Alien

Brown of 26th Langford of 35th

Scott Walker

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

All the bills on the Senate Local Consent Calendar, having received the requisite consti tutional majority, were passed.

Senator Ragan of the llth introduced the doctor of the day, Dr. Ashley Register, of Cairo, Georgia.

SENATE CALENDAR
Friday, February 12, 1993
SEVENTEENTH LEGISLATIVE DAY
SB 9 Department of Administrative Services Purchasing--guidelines for recycled pa per purchase (Substitute) (Nat R--4th)
SB 117 Forester--registration requirements (Nat R--20th) SB 135 Asbestos Licensing Board--require 24 hours of training (Nat R--43rd) SB 146 Insurance--notify claimant of payment to attorney in third-party settlement
(I&L--16th) SB 35 Absentee Ballots--count, tabulate by closing of polls (Substitute) (Gov Op--2nd) HB 2 City/County Consolidation--voter approval (U&CA G--33rd)
The following general bill of the Senate, favorably reported by the committee, was read the third time and put upon its passage:

SB 9. By Senators Hill of the 4th and Hooks of the 14th:
A bill to amend Part 1 of Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to general authority, duties, and procedures of the Department of Administrative Services relative to state purchasing, so as to pro vide for legislative intent; to define certain terms; to provide purchasing guide lines for state agencies for paper containing recycled content; to require the use of retreaded tires.
The Senate Committee on Natural Resources offered the following substitute to SB 9:

A BILL
To be entitled an Act to amend Part 1 of Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to general authority, duties, and procedures of the Department of Administrative Services relative to state purchasing, so as provide for legislative intent; to define certain terms; to provide purchasing guidelines for state agencies for paper containing recycled content; to require the use of retreaded tires; to require the use of compost and mulch by state agencies; to require standards for compost and mulch; to require the reduction and reuse of materials used by state departments, agencies, and au thorities; to provide for the use of certain types of copier machines; 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. It is declared to be the policy of the State of Georgia, in furtherance of its responsibility to protect and enhance the quality of its environment, to institute and main tain a comprehensive program for the procurement of products that contain recovered materials. The General Assembly finds that it is in the public interest for the state to create incentives that increase the demand for products manufactured with recovered materials.

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387

The purchasing power of state government can be used to stimulate demand for products manufactured with recovered materials. By increasing the demand for such products, land fill space will be saved and pollution will be reduced.
Section 2. Part 1 of Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to general authority, duties, and procedures of the Department of Ad ministrative Services relative to state purchasing, is amended by striking in its entirety Code Section 50-5-60.2, relating to the limits on expenditures for recycled paper products, which reads as follows:
"50-5-60.2. The department shall expend no more than $1 million per year in any year in which Code Section 50-5-60.1 is in effect on the total price of products described in Code Section 50-5-60.1.",
and inserting in its place a new Code Section 50-5-60.2 to read as follows:
"50-5-60.2. (a) As used in this Code section, the term:
(1) 'Annual aggregate' means the total purchases for printing, writing, and computer paper within a fiscal year.
(2) 'Mill broke" means any paper waste generated in a paper mill prior to the comple tion of the paper-making process up to and including the cutting and trimming of the paper machine reel into small rolls or rough sheets.
(3) 'Recycled fiber content' means those materials and by-products that have been re covered or diverted from the solid waste stream. Such term does not include cotton rag, sawdust, wood chips, wood slabs, or the virgin content of mill broke.
(b) Each agency, department, and authority of state government shall meet the follow ing annual aggregate schedule for the purchase of printing paper, writing paper, and com puter paper including, but not limited to, stationery, envelopes, copier paper, bond, and greenbar:
(1) At least 25 percent of the total fiber content shall be recycled fiber content by July 1, 1994;
(2) At least 40 percent of the total fiber content shall be recycled fiber content by July 1, 1995; and
(3) At least 50 percent of the total fiber content shall be recycled fiber content by July 1, 1996.
(c) Each agency, department, and authority of state government shall document com pliance with the schedule in subsection (b) of this Code section by filing an annual report with the Governor, Lieutenant Governor, and Speaker of the House of Representatives by the first day of September of each year, beginning in 1994. If an agency, department, or authority has failed to comply with such schedule, it shall give specific reasons, corroborated by documentation, for such failure.
(d) The Department of Administrative Services shall facilitate the acquisition of the products needed to meet the requirements of subsection (b) of this Code section through the removal of barriers to the purchasing of recycled products, central purchasing, contract purchases, or delegation.
(e) The Department of Administrative Services shall develop and publish no later than July 31, 1993, a process for reporting purchases of recycled printing, writing, and computer paper which specifies its recycled content, if any. Such department shall develop and imple ment educational programs to assist agencies, departments, and authorities in meeting the requirements of this part to maximize both purchasing power and the purchase of recycled products in the most cost efficient manner for each such agency, department, and authority."

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Section 3. Said part is further amended by adding following Code Section 50-5-60.2, Code Sections 50-5-60.3, 50-5-60.4 and 50-5-60.5, to read as follows:
50-5-60.3. All state agencies, departments, and authorities shall replace original truck tires of over 16 inch rim size used on nonsteering axles with retreaded tires or subscribe to a retread service as replacement is necessary and as stockpiled tires are depleted.
50-5-60.4. (a) All state agencies, departments, and authorities responsible for the main tenance of public lands shall give preference to the use of compost and mulch in all road building, land maintenance, and land development activities. Preference shall be given to compost and mulch made in the state of Georgia from organics which are source separated from the state's nonhazardous solid waste stream.
(b) The Department of Agriculture shall develop standards for the compost and mulch required by subsection (a) of this Code section. The department shall adopt appropriate rules and regulations by January 1, 1994.
50-5-60.5. In addition to recycling, each state agency, department, and authority shall take action to implement policies which require reduction and reuse of materials generated by state agencies. These policies shall include, but not be limited to, double-sided printing and copying, refilling and reusing laser printer cartridges, and where feasible discontinuing the use of 8 V4" x 14" paper. Replacement copier machines should include double-sided copying capability and shall be compatible with the use of paper containing recycled content."
Section 4. All laws and parts of laws in conflict with this Act are repealed.

Senator Hill of the 4th offered the following amendment:

Amend the substitute to SB 9 offered by the Senate Committee on Natural Resources by striking on line 27 of page 2 the words "cotton rag".

On the adoption of the amendment, the yeas were 42, nays 0, and the amendment was adopted.

On the adoption of the substitute, the yeas were 43, nays 0, and the substitute was adopted as amended.

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

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

Those voting in the affirmative were Senators:

Balfour Baugh Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cheeks Clay Coleman Crotts Dawkins Day Dean

Egan Farrow Garner Gillis Glanton Gochenour Harbison Hemmer Henson Hill Hooks Huggins Isakson Kemp Langford of 35th

Langford of 29th Madden Marable Middleton Newbill Oliver Parrish Perdue Pollard Ragan of llth Ragan of 32nd Ralston Ray Scott Slotin

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389

Starr Taylor Thomas

Thompson Turner

Tysinger Walker

Those not voting were Senators:

Abernathy Alien

Edge

Robinson

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

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

Senator Perdue of the 18th moved that the following local bill of the House, having been passed previously today, be immediately transmitted to the House:

HB 570. By Representatives Watson of the 139th, Walker of the 141st, Floyd of the 138th and Ray of the 128th:
A bill to amend an Act providing a new charter for the City of Warner Robins in Houston County, so as to change the provisions relating to the election of mem bers of the council; to provide for four members of the council to be elected from council districts and for two members to be elected at large.

On the motion, the yeas were 36, nays 0; the motion prevailed, and HB 570 was imme diately transmitted to the House.

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

SB 117. By Senators Gillis of the 20th, Ray of the 19th and Perdue of the 18th:
A bill to amend Part 2 of Article 1 of Chapter 6 of Title 12 of the Official Code of Georgia Annotated, relating to the practice of professional forestry, so as to change the requirements for registration as a registered forester; to change cer tain provisions relating to references; to provide an effective date.

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

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

Those voting in the affirmative were Senators:

Balfour Baugh Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cheeks Clay Coleman Crotts Dawkins Day Dean

Egan Farrow Garner Gillis Glanton Gochenour Harbison Hemmer Hill Hooks Huggins Isakson Kemp Langford of 35th Langford of 29th

Madden Marable Middleton Oliver Parrish Perdue Pollard Ragan of llth Ragan of 32nd Ralston Ray Scott Slotin Starr Taylor

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Thomas Thompson

Turner Tysinger

Walker

Those not voting were Senators:

Abernathy Alien

Edge Henson

Newbill Robinson

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

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

Senator Scott of the 36th moved that Senator Alien of the 2nd be excused from the Senate today due to his father's illness.

On the motion, the yeas were 42, nays 0; the motion prevailed, and Senator Alien of the 2nd was excused from the Senate today.

Senator Newbill of the 56th moved that the following bill of the Senate, having been read the third time on February 11 and placed on the Table, be taken from the Table:

SB 97. By Senators Scott of the 36th, Slotin of the 39th and Langford of the 35th:
A bill to amend an Act creating and establishing a purchasing department in certain counties of this state, as amended, so as to change the provision relative to public letting and bids; to change the provision relative to advertisement of bids; to provide an effective date.

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

Those voting in the affirmative were Senators:

Balfour Baugh Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cheeks QJ Coleman Ootts
Dean Egan Farrow

Garner Gillis Glanton Gochenour Harbison Henson Hooks Huggins Isakson Kemp Langford of 35th Langford of 29th Marable Newbill Oliver

Parrish Perdue Pollard Ragan of llth Ragan of 32nd Ralston Ray Scott Slotin Taylor Thomas Thompson Turner Tysinger Walker

Voting in the negative were Senators Dawkins and Madden.

Those not voting were Senators:

Abernathy Alien (excused) Edge

Hemmer Hill Middleton

Robinson Starr

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391

On the motion, the yeas were 46, nays 2; the motion prevailed, and SB 97 was taken from the Table and placed on the Senate Calendar for today.

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

SB 135. By Senator Parrish of the 43rd:
A bill to amend Code Section 12-12-7 of the Official Code of Georgia Annotated, relating to the powers and duties of the Asbestos Licensing Board, so as to pro vide that such board shall have the authority to require up to 24 hours of train ing for certain persons working with asbestos and to certify such persons.

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

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

Those voting in the affirmative were Senators:

Baugh Burton Cheeks

Egan Henson Oliver

Parrish Slotin Tysinger

Those voting in the negative were Senators:

Balfour Blitch Boshears Bowen Broun of 46th Brown of 26th Clay Coleman Crotts Dawkins Day Dean Farrow Garner

Gillis Glanton Gochenour Harbison Hemmer Hill Hooks Huggins Isakson Kemp Langford of 35th Langford of 29th Madden Marable

Middleton Newbill Perdue Pollard Ragan of llth Ragan of 32nd Ralston Ray Taylor Thomas Thompson Turner Walker

Those not voting were Senators:

Abernathy Alien (excused)

Edge Robinson

Scott Starr

On the passage of the bill, the yeas were 9, nays 41.

The bill, having failed to receive the requisite constitutional majority, was lost.

Senator Parrish of the 43rd gave notice that, at the proper time, he would move that the Senate reconsider its action in defeating SB 135.

SB 146. By Senators Robinson of the 16th, Oliver of the 42nd, Edge of the 28th and Ralston of the 51st:
A bill to amend Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance in general, so as to provide for written notice to claimants of payment of claims to attorneys in third-party settlements.

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

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

Those voting in the affirmative were Senators:

Balfour Baugh Blitch Boshears Bowen Broun of 46th Brown of 26th Burton
PLV^niococLK-Sc
Clay Coleman Crotts Dawkins Day Dean Egan Farrow

Gillis Glanton Gochenour Harbison Hemmer Henson Hill Hooks Huggins Isakson Kemp Langford of 35th Langford of 29th Madden Marable Middleton

Newbill Oliver Parrish Perdue Pollard Ragan of llth Ragan of 32nd Ralston Ray Scott Slotin Taylor Thomas Thompson Turner Tysinger

Those not voting were Senators:

Abernathy Alien (excused) Edge

Garner Robinson

Starr Walker

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

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

SB 35. By Senator Alien of the 2nd:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide for the counting and tabulation of votes cast by absen tee ballot not later than closing of the polls on the day of the election or primary; to provide for procedures.

Senator Coleman of the 1st moved that SB 35 be postponed until Monday, February 15, 1993.

On the motion, the yeas were 41, nays 0; the motion prevailed, and SB 35 was post poned until Monday, February 15, 1993.

Senator Garner of the 30th moved that Senator Robinson of the 16th be excused from the Senate today due to illness.

On the motion, the yeas were 48, nays 0; the motion prevailed, and Senator Robinson of the 16th was excused from the Senate today.

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393

The following general bill of the House, having been reconsidered and placed at the foot of the Calendar previously today, was put upon its passage:

HB 2. By Representatives Lane of the 55th, Dixon of the 150th, Shanahan of the 10th and others:
A bill to amend Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties and municipal corporations, so as to provide that no municipal and county consolidation shall become effec tive unless such consolidation is separately approved by a majority of the quali fied voters voting in a referendum thereon in each affected county or counties and in each affected municipality or municipalities located within such county or counties containing at least 10 percent of the population.

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

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

Those voting in the affirmative were Senators:

Abernathy Balfour Baugh Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Clay Coleman Dean Egan Gillis

Glanton Gochenour Harbison Henson Hill Hooks Huggins Isakson Kemp Langford of 35th Langford of 29th Madden Marable Middleton

Newbill Parrish Perdue Pollard Ragan of llth Ragan of 32nd Ralston Ray Scott Taylor Thompson Turner Tysinger

Those voting in the negative were Senators:

Cheeks Crotts Dawkins Day

Farrow Hemmer Slotin

Starr Thomas Walker

Those not voting were Senators:

Alien (excused) Edge

Garner Oliver

Robinson (excused)

On the passage of the bill, the yeas were 41, nays 10.

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

The following bill of the Senate, having been read the third time on February 11 and tabled, and taken from the Table on February 12, was put upon its passage:

SB 97. By Senators Scott of the 36th, Slotin of the 39th and Langford of the 35th:
A bill to amend an Act creating and establishing a purchasing department in certain counties of this state, as amended, so as to change the provision relative

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JOURNAL OF THE SENATE

to public letting and bids; to change the provision relative to advertisement of bids; to provide an effective date.

The Senate Committee on Urban and County Affairs offered the following amendment:

Amend SB 97 by adding after the period on line 33 of page 2 the following:
"All bids to be let shall be made available for public review in the county purchasing office."

On the adoption of the amendment, the yeas were 2, nays 42, and the amendment was lost.

Senator Newbill of the 56th offered the following amendment:

Amend SB 97 by adding after the period on line 33 of page 2 the following:
"All work or labor solicitations, or solicitations for supplies, materials or equipment to be let shall be made available for public review in the county purchasing office."

On the adoption of the amendment offered by Senator Newbill of the 56th, the yeas were 49, 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:

Balfour Baugh Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cheeks Clay Crotts Day Dean Egan Farrow Garner

Gillis Gochenour Harbison Hemmer Henson Hill Hooks Huggins Isakson Kemp Langford of 35th Langford of 29th Madden Marable Middleton Oliver

Parrish Perdue Pollard Ragan of llth Ragan of 32nd Ralston Ray Scott Slotin Starr Taylor Thomas Thompson Turner Tysinger

Voting in the negative were Senators Glanton and Newbill.

Those not voting were Senators:

Abernathy Alien (excused) Coleman

Dawkins Edge

Robinson (excused) Walker

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

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

FRIDAY, FEBRUARY 12, 1993

395

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 30.
Respectfully submitted, fa/ Waymond C. Huggins, Chairman
Senator, District 53
Senator Garner of the 30th moved that the Senate stand in recess until 5:00 o'clock P.M. today and at that time stand adjourned, pursuant to SR 160, adopted previously, until 10:00 o'clock A.M. on Monday, February 15, 1993.
At 10:20 o'clock A.M., the President announced the motion prevailed.

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JOURNAL OF THE SENATE

Senate Chamber, Atlanta, Georgia Monday, February 15, 1993 Eighteenth Legislative Day

The Senate met pursuant to adjournment at 10:00 o'clock A.M. today and was called to order by the President.

Senator Huggins of the 53rd reported that the Journal of the proceedings of Friday, February 12, 1993, had been read and found correct.

Senator Parrish of the 43rd moved that the Senate reconsider its action on Friday, February 12, in defeating the following bill of the Senate:

SB 135. By Senator Parrish of the 43rd:
A bill to amend Code Section 12-12-7 of the Official Code of Georgia Annotated, relating to the powers and duties of the Asbestos Licensing Board, so as to pro vide that such board shall have the authority to require up to 24 hours of train ing for certain persons working with asbestos and to certify such persons.

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

Those voting in the affirmative were Senators:

Balfour Baugh Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cheeks Clay Coleman Crotts Dawkins Day Dean Edge Egan

Farrow Garner Gillis Glanton Gochenour Harbison Hemmer Henson Hill Hooks Huggins Isakson Kemp Langford of 35th Langford of 29th Madden Marable

Middleton Newbill Oliver Parrish Perdue Pollard Ragan of llth Ragan of 32nd Ralston Ray Robinson Scott Slotin Starr Thomas Turner Tysinger

Those not voting were Senators:

Abernathy Alien

Taylor Thompson

Walker

On the motion, the yeas were 51, nays 0; the motion prevailed, and SB 135 was recon sidered and placed at the bottom of today's Calendar.

By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.

Senator Coleman of the 1st moved that Senator Alien of the 2nd be excused from the Senate today due to his father's illness.

MONDAY, FEBRUARY 15, 1993

397

On the motion, the yeas were 43, nays 0; the motion prevailed, and Senator Alien of the 2nd was excused from the Senate today.
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House:
HB 595. By Representative Birdsong of the 123rd:
A bill to amend an Act creating the Board of Commissioners of Wilkinson County, so as to change the composition of the commissioner districts from which the chairperson and members of the board are elected.
HB 636. By Representatives Buckner of the 95th, Bailey of the 93rd, Benefield of the 96th, Johnson of the 97th and Lee of the 94th:
A bill to amend an Act establishing the "Clayton County Commission on Chil dren and Youth," so as to change the date for the commission's annual report; to change the date of the commission's abolition.
HB 421. By Representatives Greene of the 158th, Reaves of the 178th, Coleman of the 142nd and Bostick of the 165th:
A bill to amend Chapter 12 of Title 2 of the Official Code of Georgia Annotated, relating to commercial fertilizers, liming materials, and soil amendments, so as to provide for the regulation of horticultural growing media.
HB 254. By Representatives McBee of the 88th, Scoggins of the 24th, Heard of the 89th, Buck of the 135th, Pinholster of the 15th and others: A bill to amend Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to when public disclosure of public records is not required, so as to pro vide that certain archival records shall be exempt from public disclosure; to pro vide that such disclosure shall not extend beyond 75 years from the date of dona tion or sale.
HB 87. By Representatives Baker of the 70th, Bordeaux of the 151st and Orrock of the 56th:
A bill to amend Chapter 1 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions regarding revenue and taxation, so as to provide for a taxpayer's bill of rights.
HB 293. By Representatives Ashe of the 46th, Sinkfield of the 57th, Greene of the 158th, Mobley of the 69th, Trense of the 44th and others:
A bill to amend Article 5 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to the State Housing Trust Fund for the Homeless Commis sion, so as to change and clarify certain powers of the commission.
HB 224. By Representatives Lane of the 146th and Floyd of the 138th: A bill to amend Code Section 12-5-127 of the Official Code of Georgia Annotated, relating to the licensing of water well contractors, so as to provide for a program of continuing education.

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HB 333. By Representatives Thomas of the 100th and Simpson of the 101st:
A bill to amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, and Code Section 49-5-41 of the Official Code of Georgia Annotated, relating to persons authorized access to child abuse records, so as to authorize school guidance counselors, school social workers, and school psychologists to review or obtain certain juvenile court and child abuse records regarding any students they are counseling and provide for conditions and penalties.
HB 344. By Representatives Thomas of the 100th, Chambless of the 163rd, Barnes of the 33rd and Cauthorn of the 35th:
A bill to amend Code Section 15-1-8 of the Official Code of Georgia Annotated, relating to when judge or judicial officer is disqualified, so as to provide for recusal by part-time judges in certain cases where a conflict of interest exists; to provide that in certain cases where a conflict exists that the case may be trans ferred to superior court.
HB 113. By Representatives Harris of the 112th, Parham of the 122nd and Powell of the 23rd:
A bill to amend Code Section 40-2-84 of the Official Code of Georgia Annotated, relating to license plates for veterans awarded the Purple Heart, so as to change certain manufacturing and registration fees for such license plates.
HB 328. By Representatives Harris of the 112th, Dover of the 9th, Royal of the 164th and Skipper of the 137th:
A bill to amend Code Section 48-5-311 of the Official Code of Georgia Annotated, relating to county boards of equalization, so as to require that such boards shall specify in writing the reasons for decisions on questions presented on appeal.
HB 47. By Representative Poston of the 3rd:
A bill to amend Part 1 of Article 3 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to wiretapping, eavesdropping, and surveillance, so as to provide that a child under the age of 18 years may consent to the record ing and divulging of any conversation to which such child is a party to such conversation.
HB 77. By Representatives Williams of the 114th, Padgett of the 119th and Connell of the 115th:
A bill to amend Chapter 23 of Title 33 of the Official Code of Georgia Annotated, relating to the licensing of insurance agents, subagents, and others, so as to pro vide for the issuance of a display certificate of licensure by the Commissioner of Insurance.
The House has adopted by the requisite constitutional majority the following resolu tions of the House:
HR 126. By Representatives Childers of the 13th and Stancil of the 91st:
A resolution urging the promotion of faculty development initiatives in the fields of gerontology and geriatrics and further urging the establishment of a central ized clearinghouse for information about course work, programs, and careers in the field of aging.

MONDAY, FEBRUARY 15, 1993

399

HR 231. By Representative Poston of the 3rd:
A resolution commending Kevn Kinney, Tim Nielsen, Jeff Sullivan and Buren Fowler.
The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:
SB 240. By Senator Isakson of the 21st:
A bill to provide a short title; to amend Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, so as to provide that, with regard to policies of workers' compensation insurance, cancellation, nonrenewal, and certain other notice requirements shall be satisfied by dispatching of the notice by certified mail, return receipt requested. Referred to Committee on Insurance and Labor.
SB 241. By Senator Garner of the 30th:
A bill to amend Code Section 26-4-123, relating to the issuance of dangerous drugs and controlled substances to medical directors of emergency service prov iders, so as to provide that drugs and substances shall only be issued to such medical director from a licensed pharmacy; to provide an effective date. Referred to Committee on Health and Human Services.
SB 242. By Senators Harbison of the 15th, Crotts of the 17th, Hill of the 4th and others:
A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to change the provisions relating to free license plates and revalidation decals for certain disabled veterans; to change the provi sions relating to drivers' licenses for veterans. Referred to Committee on Defense and Veterans Affairs.
SB 243. By Senators Harbison of the 15th, Crotts of the 17th, Hill of the 4th and others:
A bill to amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to change the provisions relating to hunting and fishing licenses for disabled persons and legal weapons for hunting wildlife. Referred to Committee on Natural Resources.
SB 244. By Senators Taylor of the 12th, Hooks of the 14th and Perdue of the 18th:
A bill to amend Article 2 of Chapter 5 of Title 24 of the Official Code of Georgia Annotated, relating to copies of writings accepted under the best evidence rule, so as to provide for reproductions that accurately reproduce or form a medium for reproducing the original copy. Referred to Committee on Judiciary.
SB 245. By Senator Henson of the 55th:
A bill to amend Code Section 40-5-21 of the Official Code of Georgia Annotated, relating to exemptions from driver's license requirements, so as to exempt per sons 15 years of age or over while taking instruction from a licensed driving in structor or a certified high school driver education instructor; to provide for use of dual control vehicles; to require insurance; to provide for eyesight examina tions; to provide for an effective date. Referred to Committee on Public Safety.

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JOURNAL OF THE SENATE

SB 246. By Senators Gochenour of the 27th, Cheeks of the 23rd, Starr of the 44th and others:
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 for schools under the Quality Basic Education Act, so a to change the provisions relating to sex education and AIDS prevention instruction, implementation of such instruc tion, and exemptions; to provide for definitions; to require parental or other per mission; to provide requirements relative to classes. Referred to Committee on Education.
SB 247. By Senator Abernathy of the 38th:
A bill to amend Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to dangerous instrumentalities and practices, so as to provide for 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. Referred to Committee on Judiciary.
SB 248. By Senator Abernathy of the 38th:
A bill to amend Article 1 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to the state flag and other flags, so as to change the design and description of the state flag; to provide for a state-wide referendum; to pro vide an effective date. Referred to Committee on Rules.
SB 249. By Senator Oliver of the 42nd:
A bill to amend Code Section 9-2-21 of the Official Code of Georgia Annotated, relating to parties to actions for torts, so as to provide for a notice of civil action involving recipients of medical assistance; to provide that notice may be by United States mail. Referred to Committee on Judiciary.
SB 250. By Senators Oliver of the 42nd, Garner of the 30th, Robinson of the 16th and others:
A bill to amend Chapter 2 of Title 46 of the Official Code of Georgia Annotated, relating to the Public Service Commission, so as to revise substantially the provi sions relative to the personnel of the Public Service Commission; to prohibit an employee or member of the Public Service Commission from accepting employ ment with or other compensation from entities regulated by the commission for a certain period of time. Referred to Committee on Finance and Public Utilities.
SR 165. By Senators Hooks of the 14th, Garner of the 30th, Edge of the 28th and Robin son of the 16th:
A resolution amending the Rules of the Senate. Referred to Committee on Rules.
SR 166. By Senators Hooks of the 14th, Garner of the 30th, Edge of the 28th and Robin son of the 16th:
A resolution amending the Rules of the Senate. Referred to Committee on Rules.

MONDAY, FEBRUARY 15, 1993

401

The following bills and resolution of the House were read the first time and referred to committees:
HB 47. By Representative Poston of the 3rd:
A bill to amend Part 1 of Article 3 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to wiretapping, eavesdropping, and surveillance, so as to provide that a child under the age of 18 years may consent to the record ing and divulging of any conversation to which such child is a party to such conversation.
Referred to Committee on Judiciary.
HB 77. By Representatives Williams of the 114th, Padgett of the 119th and Connell of the 115th:
A bill to amend Chapter 23 of Title 33 of the Official Code of Georgia Annotated, relating to the licensing of insurance agents, subagents, and others, so as to pro vide for the issuance of a display certificate of licensure by the Commissioner of Insurance.
Referred to Committee on Insurance and Labor.
HB 87. By Representatives Baker of the 70th, Bordeaux of the 151st and Orrock of the 56th:
A bill to amend Chapter 1 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions regarding revenue and taxation, so as to provide for a taxpayer's bill of rights.
Referred to Committee on Finance and Public Utilities.
HB 113. By Representatives Harris of the 112th, Parham of the 122nd and Powell of the 23rd:
A bill to amend Code Section 40-2-84 of the Official Code of Georgia Annotated, relating to license plates for veterans awarded the Purple Heart, so as to change certain manufacturing and registration fees for such license plates.
Referred to Committee on Defense and Veterans Affairs.
HB 224. By Representatives Lane of the 146th and Floyd of the 138th:
A bill to amend Code Section 12-5-127 of the Official Code of Georgia Annotated, relating to the licensing of water well contractors, so as to provide for a program of continuing education.
Referred to Committee on Natural Resources.
HB 254. By Representatives McBee of the 88th, Scoggins of the 24th, Heard of the 89th and others:
A bill to amend Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to when public disclosure of public records is not required, so as to pro vide that certain archival records shall be exempt from public disclosure; to pro vide that such disclosure shall not extend beyond 75 years from the date of dona tion or sale.
Referred to Committee on Judiciary.

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JOURNAL OF THE SENATE

HB 293. By Representatives Ashe of the 46th, Sinkfield of the 57th, Greene of the 158th and others:
A bill to amend Article 5 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to the State Housing Trust Fund for the Homeless Commis sion, so as to change and clarify certain powers of the commission. Referred to Committee on Health and Human Services.
HB 328. By Representatives Harris of the 112th, Dover of the 9th, Royal of the 164th and Skipper of the 137th:
A bill to amend Code Section 48-5-311 of the Official Code of Georgia Annotated, relating to county boards of equalization, so as to require that such boards shall specify in writing the reasons for decisions on questions presented on appeal. Referred to Committee on Finance and Public Utilities.
HB 333. By Representatives Thomas of the 100th and Simpson of the 101st:
A bill to amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, and Code Section 49-5-41 of the Official Code of Georgia Annotated, relating to persons authorized access to child abuse records, so as to authorize school guidance counselors, school social workers, and school psychologists to review or obtain certain juvenile court and child abuse records regarding any students they are counseling and provide for conditions and penalties. Referred to Committee on Judiciary.
HB 344. By Representatives Thomas of the 100th, Chambless of the 163rd, Barnes of the 33rd and Cauthorn of the 35th:
A bill to amend Code Section 15-1-8 of the Official Code of Georgia Annotated, relating to when judge or judicial officer is disqualified, so as to provide for recusal by part-time judges in certain cases where a conflict of interest exists; to provide that in certain cases where a conflict exists that the case may be trans ferred to superior court. Referred to Committee on Special Judiciary.
HB 421. By Representatives Greene of the 158th, Reaves of the 178th, Coleman of the 142nd and Bostick of the 165th:
A bill to amend Chapter 12 of Title 2 of the Official Code of Georgia Annotated, relating to commercial fertilizers, liming materials, and soil amendments, so as to provide for the regulation of horticultural growing media. Referred to Committee on Agriculture.
HB 595. By Representative Birdsong of the 123rd:
A bill to amend an Act creating the Board of Commissioners of Wilkinson County, so as to change the composition of the commissioner districts from which the chairperson and members of the board are elected. Referred to Committee on Urban and County Affairs.
HB 636. By Representatives Buckner of the 95th, Bailey of the 93rd, Benefield of the 96th and others:
A bill to amend an Act establishing the "Clayton County Commission on Chil dren and Youth," so as to change the date for the commission's annual report; to change the date of the commission's abolition. Referred to Committee on Urban and County Affairs.

MONDAY, FEBRUARY 15, 1993

403

HR 126. By Representatives Childers of the 13th and Stancil of the 91st:
A resolution urging the promotion of faculty development initiatives in the fields of gerontology and geriatrics and further urging the establishment of a centralized clearinghouse for information about course work, programs, and careers in the field of aging. Referred to Committee on Higher Education.
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 bill and resolution of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:
HR 64. Do pass.
SB 145. Do pass by substitute.
Respectfully submitted,
Senator Thompson of the 33rd District, Chairman
The following bills of the Senate and House were read the second time:
SB 41. By Senators Newbill of the 56th, Clay of the 37th, Glanton of the 34th and others:
A bill to amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions regarding torts, so as to provide for immunity from liability for certain persons who voluntarily and without the expectation or re ceipt of compensation provide certain services for and at the request and sanc tion of a public school upon public school property or at a public school spon sored function.
SB 64. By Senators Clay of the 37th, Newbill of the 56th, Isakson of the 21st and others:
A bill to amend Code Section 50-14-3 of the Official Code of Georgia Annotated, relating to proceedings of state agencies excluded from the requirements of law relating to open and public meetings, so as to provide that all information on the votes taken by the State Board of Pardons and Paroles shall be released for in spection after such voting.
SB 113. By Senator Egan of the 40th:
A bill to amend Code Section 17-5-30 of the Official Code of Georgia Annotated, relating to motion to suppress evidence illegally seized generally, so as to provide that a search and seizure with a warrant shall not be deemed illegal in cases where evidence is obtained in good faith by officers who reasonably relied on a warrant that was issued by a detached and neutral judicial officer authorized to hold a court of inquiry.
SB 119. By Senators Edge of the 28th, Clay of the 37th, Balfour of the 9th and others:
A bill to amend Code Section 40-6-391 of the Official Code of Georgia Annotated, relating to the offense of driving under the influence of drugs or alcohol and re lated matters, so as to provide that notice of the third or subsequent conviction of any person shall be published.

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JOURNAL OF THE SENATE

SB 120. By Senators Edge of the 28th and Clay of the 37th:
A bill to amend Article 1 of Chapter 19 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions relative to attorneys, so as to provide that unless otherwise provided by law and unless an actual conflict of interest should arise, an attorney may serve as an attorney for a county, municipal corpo ration, or school board and at the same time serve as a part-time judge.
SB 128. By Senators Hemmer of the 49th, Oliver of the 42nd, Marable of the 52nd and others:
A bill to amend Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to uniform rules of the road, so as to prohibit any passenger in the front seat of a motor vehicle from possessing an open container of any alcoholic beverage.
SB 129. By Senator Walker of the 22nd:
A bill to amend Chapter 13 of Title 50 of the Official Code of Georgia Annotated, relating to administrative procedure, so as to require each agency subject to the "Georgia Administrative Procedure Act" to prepare a synopsis of any proposed rule; to require the synopsis to be distributed with any proposed rule; to require the synopsis to contain certain information regarding the proposed rule.
SB 133. By Senators Ray of the 19th, Pollard of the 24th and Robinson of the 16th:
A bill to amend Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, so as to provide that, with respect to life insur ance policies provided by certain corporations or trusts, the term employee shall include directors, officers, employees, retired employees, and dependents of such persons; to amend Code Section 33-27-3 of the Official Code of Georgia Anno tated, relating to required provisions of group life insurance policies, so as to provide that certain corporations or the trustees of certain trusts may designate the beneficiary.
SB 148. By Senators Ralston of the 51st and Oliver of the 42nd:
A bill to amend Article 3 of Chapter 7 of Title 19 of the Official Code of Georgia Annotated, relating to the determination of paternity, so as to provide that when a petition to establish paternity has been brought, the court may order genetic testing; to provide that the court may grant temporary child support; to provide for the admission of genetic testing or refusal to submit to such testing as evi dence in court.
SB 154. By Senators Madden of the 47th, Oliver of the 42nd, Henson of the 55th and others:
A bill to amend Part 2 of Article 2 of Chapter 9 of Title 24 of the Official Code of Georgia Annotated, relating to the privileged nature of certain medical informa tion, so as to provide that pharmacists shall not be required to release any medi cal information concerning patients except under certain circumstances; to pro vide for the extent of liability; to provide for waiver of such privilege.
SB 189. By Senator Egan of the 40th:
A bill to amend Article 5 of Chapter 2 of Title 53 of the Official Code of Georgia Annotated, relating to legacies and devises, so as to provide that a guardian and any other fiduciary is authorized to renounce an interest on behalf of the ward, heir, beneficiary, or other person for whom the fiduciary is acting; to provide that a guardian need not have been appointed at the time of the transfer of the prop erty in order to renounce the interest in property transferred.

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SB 191. By Senators Taylor of the 12th, Turner of the 8th and Ragan of the llth:
A bill to amend Article 5 of Chapter 10 of Title 12 of the Official Code of Georgia Annotated, known as the "Historic Chattahoochee Compact Act," so as to change the method of selection of members of the commission; to change the criteria for selecting voting members in certain circumstances; to clarify the distinctions be tween members and voting members.
HB 125. By Representatives Pinholster of the 15th, Stancil of the 16th, Harris of the 17th and others:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to change certain restrictions on campaign and polling activities within the vicinity of a polling place.
HB 144. By Representatives Thomas of the 100th, Bostick of the 165th, Hammond of the 32nd and others:
A bill to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to correct typographical, stylistic, and other errors and omissions in Title 47 of the Official Code of Georgia Annotated, and in Acts of the General Assembly amending Title 47 of the Official Code of Georgia Annotated.
HB 146. By Representatives Thomas of the 100th, Bostick of the 165th, Hammond of the 32nd and others:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to correct typographical, stylistic, and other errors and omissions in Title 21 of the Official Code of Georgia Annotated and in Acts of the General Assembly amending Title 21 of the Official Code of Georgia Annotated.
The President called for the morning roll call, and the following Senators answered to their names:

Balfour Baugh Blitch Boshears
Bowen Broun of 46th Brown of 26th
^ CCihaeryteok, ns
Coleman Crotts Dawkins Day Dean Edge Egan Farrow

Garner Gillis Glanton Gochenour
Harbison Hemmer Hengon
H,H, iolol k, s
Hu^ins Isakson KemP Langford of 35th Langford of 29th Madden Marable Middleton

Those not answering were Senators:

Abernathy Alien (excused)

Thomas

Newbill Oliver Parrish Perdue Pollard Ragan of llth R of 32nd
RDRaaylston Robinson Scott Slotin Starr Taylor Thompson Turner Tysinger
Walker

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The Lieutenant Governor led the Senators in the Pledge of Allegiance to the Flag of the United States of America.
Lieutenant Governor Howard introduced Joy L. Hill, daughter of Matthew Hill, Ser geant at Arms in the Senate, who gave an a cappella rendition of a gospel hymn.
Senator Boshears of the 6th introduced the chaplain of the day, Reverend Wayne Woods, pastor of the First Baptist Church, Alma, Georgia, who offered scripture reading and prayer.
Senator Ragan of the llth introduced the Thomas County Central High School Yellow Jackets football team, having been commended by SR 129, adopted previously, as 1992 win ners of the school's first Class AAA state football championship, and Head Coach Ed Pilcher who introduced the coaching staff and Cheerleaders, and Dr. Truman Atkins, Prin cipal, who briefly addressed the Senate.
Senator Dean of the 31st introduced His Honor Alex Dent, Mayor of the City of Cartersville, who, having been commended by SR 163, adopted previously, briefly addressed the Senate.
The following resolutions of the Senate and House were read and adopted:
SR 16. By Senator Robinson of the 16th:
A resolution commending Mark Stephen Hyles.
SR 30. By Senator Garner of the 30th:
A resolution commending Mr. Roy Richards for service to his community and the state.
SR 32. By Senators Ragan of the 32nd, Isakson of the 21st, Clay of the 37th and Thompson of the 33rd:
A resolution commending Thomas Nelson Mathis, Sr.
SR 42. By Senator Oliver of the 42nd:
A resolution commending and recognizing Ms. Lee Hale Brown for her dedica tion to the education of children.
SR 167. By Senator Perdue of the 18th:
A resolution recognizing the 50th anniversary of technical and adult education in Georgia.
SR 168. By Senators Langford of the 35th, Brown of the 26th, Parrish of the 43rd and others:
A resolution commending Morris Brown College for its contributions to the State of Georgia and declaring March 15, 1993, as "Morris Brown College Day" at the Georgia Capitol.

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407

SR 169. By Senator Robinson of the 16th: A resolution commending Ms. Hazel Lewis.
SR 170. By Senator Bowen of the 13th: A resolution recognizing the Dooly County Youth Leadership Conference.
HR 231. By Representative Poston of the 3rd: A resolution commending Kevn Kinney, Tim Nielsen, Jeff Sullivan, and Buren Fowler.
Senator Egan of the 40th moved that the following bill of the Senate be withdrawn from the Senate Committee on Special Judiciary and committed to the Senate Committee on Public Safety:
SB 123. By Senators Clay of the 37th, Newbill of the 56th and Egan of the 40th: A bill to amend Article 3 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to cancellation, suspension, and revocation of drivers' li censes, so as to provide that a person convicted of operating a motor vehicle without a probationary license after being declared a habitual license commits an offense requiring mandatory suspension.
On the motion, the yeas were 39, nays 0; the motion prevailed, and SB 123 was with drawn from the Senate Committee on Special Judiciary and committed to the Senate Com mittee on Public Safety.
Senator Egan of the 40th moved that the following bill of the Senate be withdrawn from the Senate Committee on Special Judiciary and committed to the Senate Committee on Public Safety:
SB 168. By Senators Boshears of the 6th and Ralston of the 51st: A bill to amend Article 2 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to issuance, expiration, and renewal of drivers' licenses, so as to require minors to be enrolled in public or private school, home study, or cer tain other courses of study or to have graduated from high school or received an equivalency diploma or certificate of high school completion as a requirement of issuance of a driver's license; to provide for verification.
On the motion, the yeas were 37, nays 0; the motion prevailed, and SB 168 was with drawn from the Senate Committee on Special Judiciary and committed to the Senate Com mittee on Public Safety.
Senator Egan of the 40th moved that the following bill of the Senate be withdrawn from the Senate Committee on Special Judiciary and committed to the Senate Committee on Public Safety:
SB 198. By Senators Gochenour of the 27th, Glanton of the 34th, Crotts of the 17th 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 revocation of the driver's license or learner's permit of any person under the age of 18 who drops out of school or who is declared to be academically deficient; to provide for applicability.
On the motion, the yeas were 38, nays 0; the motion prevailed, and SB 198 was with drawn from the Senate Committee on Special Judiciary and committed to the Senate Com mittee on Public Safety.

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SENATE CALENDAR
Monday, February 15, 1993
EIGHTEENTH LEGISLATIVE DAY
SB 1 Child Abuse--conditions to report to law enforcement, District Attorneys (Sub stitute) (Judy--42nd)
SB 2 Child Abuse--access to reports (Substitute) (Judy--42nd)
SB 3 Deprived Children--transfer of custody; family violence victims (Substitute) (Judy--42nd)
SB 16 Boats--registration decals and horsepower limitations (Substitute) (Nat R-- 40th)
SB 26 Department of Human Resources--assistance for agencies placing hard-to-place children (Substitute) (H&HS--10th)
SB 62 Civil Actions--provisions on demands for jury of twelve (Amendment) (S Judy--55th)
SB 106 Mortgage Lenders, Brokers--licensing (Substitute) (B&FI--8th)
SB 115 Occupational Therapists--licensing (H&HS--55th)
SB 130 Veterinarian, Animal Boarder--notify owner of animal sale, disposal (Amend ment) (S Judy--40th)
SB 139 Revenue and Taxation--provide tax amnesty program (Substitute) (F&PU-- 44th)
SB 162 Office of Treasury and Fiscal Services--create in lieu of Department of Adminis trative Services Fiscal Division (F&PU--12th)
SB 202 Grants, Special Revenue Disbursements--certain counties receive funds (F&PU-- 3rd)
SR 5 CA: Legislators, Lieutenant Governor, Secretary of State, Others--limit terms (Substitute) (S Judy--30th)
SR 8 Capital Outlay for Education Task Force--create (Substitute) (Ed--36th)
SR 127 Chatham County--conveyance of state property for thoroughfare (F&PU--1st)
SR 142 Carroll County--easement on state-owned property (F&PU--30th)
HB 142 Hospital Financing Authority Act--repeal (Substitute) (F&PU--44th)
HB 197 Home Malt Beverage Production Without License--limitation (C Aff--35th)
HB 222 Boards of Tax Assessors--may receive tax returns, homestead exemptions (F&PU--23rd)
HB 234 Retirement System Standards Law--Firemen's Pension Fund (Ret--53rd)
HB 239 Teachers Retirement--portion of refunded contributions to retirement plan (Ret--53rd)
HB 316 Teachers Retirement--delete reference to appointed boards of education (Ret--4th)
SB 35 Absentee Ballots--count, tabulate by closing of polls (Substitute) (Gov Op--2nd)
SB 135 Asbestos Licensing Board--require 24 hours of training (Nat R--43rd)

MONDAY, FEBRUARY 15, 1993

409

The following general bill of the Senate, favorably reported by the committee, was read the third time and put upon its passage:
SB 1. By Senators Oliver of the 42nd, Garner of the 30th, Thompson of the 33rd and others: A bill to amend Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, so as to change the conditions under which reports of child abuse are made to law enforcement authorities or district attorneys; to provide for child fatality review subcommittees and their duties, meetings, records, re ports, disclosures, and liability.
The Senate Committee on Judiciary offered the following substitute to SB 1:
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 change certain provisions relating to definitions; to change the conditions under which reports of child abuse are made to law enforcement au thorities or districts attorneys; to provide for child fatality review subcommittees and their duties, meetings, records, reports, disclosures, and liability; to provide for additional re quirements for child abuse protocols and reports concerning compliance therewith; to change certain references from "chairman" to "chairperson" and certain pronouns; 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 subsections (b) and (e) of Code Section 19-7-5, relating to reports of child abuse, and inserting in their respective places the following subsections:
"(b) As used in this Code section, the term:
(1) 'Abused' means subjected to child abuse.
(2) 'Child' means any person under 18 years of age.
(3) 'Child abuse' means:
(A) Physical injury or death inflicted upon a child by a parent or caretaker thereof by other than accidental means; provided, however, physical forms of discipline may be used as long as there is no physical injury to the child;
(B) Neglect or exploitation of a child by a parent or caretaker thereof;
(C) Sexual assault abuse of a child; or
(D) Sexual exploitation of a child.
(3.1) 'Sexual abuse' means a person's employing, using, persuading, inducing, enticing, or coercing any minor who is not that person's spouse to engage in any act which involves:
(A) Sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whetEer between persons of the same or opposite sex;
(B) Bestiality;
(C) Masturbation;
(D) Lewd exhibition of the genitals or pubic area of any person;
(E) Flagellation or torture by or upon a person who is nude;
(F) Condition of being fettered, bound, or otherwise physically restrained on the part of a person who is nude;
(G) Physical contact in an act of apparent sexual stimulation or gratification with any

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person's clothed or unclothed genitals, pubic area, or buttocks or with a female's clothed or unclothed breasts;
(H) Defecation or urination for the purpose of sexual stimulation; or
(I) Penetration of the vagina or rectum by any object except when done as part of a recognized medical procedure.
(4) 'Sexual exploitation' means conduct by a child's parent or caretaker who allows, permits, encourages, or requires that child to engage in:
(A) Prostitution, as defined in Code Section 16-6-9; or
(B) Sexually explicit conduct for the purpose of producing any visual or print medium depicting such conduct, as defined in Code Section 16-12-100."
"(e) An oral report shall be made as soon as possible by telephone or otherwise and followed by a report in writing, if requested, to a child welfare agency providing protective services, as designated by the Department of Human Resources, or, in the absence of such agency, to an appropriate police authority or district attorney. If a report of child abuse is made to the child welfare agency or independently discovered by the agency, and the agency has reasonable cause to believe such report is true or the report contains any allegation or evidence of physical injury to or sexual abuse of the child, then the agency shall immedi ately notify the appropriate police authority or district attorney. Such reports shall contain the names and addresses of the child and his the child's parents or caretakers, if known, the child's age, the nature and extent of the child's injuries, including any evidence of previous injuries, and any other information that the reporting person believes might be helpful in establishing the cause of the injuries and the identity of the perpetrator. Photographs of the child's injuries to be used as documentation in support of allegations by hospital staff, phy sicians, law enforcement personnel, school officials, or staff of legally mandated public or private child protective agencies may be taken without the permission of the child's parent or guardian; provided, however, that any photograph taken pursuant to this Code section shall, if reasonably possible, be taken in a manner which shall not reveal the identity of the subject. Such photograph shall be made available as soon as possible to the chief welfare agency providing protective services and to the appropriate police authority."
Section 2. Said title is further amended by striking Chapter 15 thereof, relating to child abuse, and inserting in its place a new chapter to read as follows:
"CHAPTER 15
19-15-1. As used in this chapter, the term:
(1) 'Abused' means subjected to child abuse.
(2) 'Child' means any person under 18 years of age.
(3) 'Child abuse' means:
(A) Physical injury or death inflicted upon a child by a parent or caretaker thereof by other than accidental means; provided, however, physical forms of discipline may be used as long as there is no physical injury to the child;
(B) Neglect or exploitation of a child by a parent or caretaker thereof;
(C) Sexual assault abuse of a child; or
(D) Sexual exploitation of a child.
(4) 'Child protection professional' means any person who is employed by the state or a political subdivision of the state as a law enforcement officer, schoolteacher, school adminis trator, or school counselor or who is employed to render services to children by the Depart ment of Human Resources or any county board of health or county department of family and children services.
(5) 'Committee' means a child abuse protocol committee established pursuant to Code Section 19-15-2.

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(6) 'Panel' means the State-wide Child Fatality Review Panel created by Code Section 19-15-4.
(7) 'Report' means a report prepared by a committee pursuant to subsection (b) of Code Section 19-15-3.
(7.1) 'Sexual abuse' means a person's employing, using, persuading, inducing, enticing, or coercing any minor who is not that person's spouse to engage in any act which involves:
(A) Sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex;
(B) Bestiality;
(C) Masturbation;
(D) Lewd exhibition of the genitals or pubic area of any person;
(E) Flagellation or torture by or upon a person who is nude;
(F) Condition of being fettered, bound, or otherwise physically restrained on the part of a person who is nude;
(G) Physical contact in an act of apparent sexual stimulation or gratification with any person's clothed or unclothed genitals, pubic area, or buttocks or with a female's clothed or unclothed breasts;
(H) Defecation or urination for the purpose of sexual stimulation; or
(I) Penetration of the vagina or rectum by any object except when done as part of a recognized medical procedure.
(8) 'Sexual exploitation' means conduct by a child's parent or caretaker who allows, permits, encourages, or requires that child to engage in:
(A) Prostitution, as denned in Code Section 16-6-9; or
(B) Sexually explicit conduct for the purpose of producing any visual or print medium depicting such conduct, as defined in Code Section 16-12-100.
(9) 'Subcommittee' means the child fatality review subcommittee established pursuant to Code Section 19-15-3T
19-15-2. (a) Each county shall be required to establish a child abuse protocol as pro vided in this Code section.
(b) The chief superior court judge of the circuit in which the county is located shall establish a child abuse protocol committee as provided in subsection (c) of this Code section and shall appoint an interim chairperson who shall preside over the first meeting. Thus established, the committee shall thereafter elect a chairperson from its membership.
(c) (1) Each of the following agencies of the county shall designate a representative to serve on the committee:
(A) The office of the sheriff;
(B) The county department of family and children services;
(C) The office of the district attorney;
(D) The juvenile court;
(E) The magistrate court;
(F) The county board of education;
(G) The county mental health organization;
(H) The office of the chief of police of a county in counties which have a county police department;
(I) The office of the chief of police of the largest municipality in the county;

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(J) The county board of health, which shall designate a physician to serve on the com mittee; and
(K) The office of the coroner or county medical examiner.
(2) In addition to the representatives serving on the committee as provided for in para graph (1) of this subsection, the chief superior court judge shall designate a representative from a local citizen or advocacy group which focuses on child abuse awareness and prevention.
(d) The chief superior court judge or, after the first meeting, the child abuse protocol committee thus established may appoint such additional members as necessary and proper to accomplish the purposes of the committee.
(e) The committee shall, by July 1, 1988, adopt a written child abuse protocol which shall be filed with the Division of Family and Children Services of the Department of Human Resources, a copy of which shall be furnished to each agency in the county handling the cases of abused children. The protocol shall be a written document outlining in detail the procedures to be used in investigating and prosecuting cases arising from alleged child abuse and the methods to be used in coordinating treatment programs for the perpetrator, the family, and the child.
(f) The purpose of the protocol shall be to ensure coordination and cooperation between all agencies involved in a child abuse case so as to increase the efficiency of all agencies handling such cases, to minimize the stress created for the allegedly abused child by the legal and investigatory process, and to ensure that more effective treatment is provided for the perpetrator, the family, and the child.
(g) Upon completion of the writing of the child abuse protocol, the committee shall continue in existence and may meet from time to time for the purpose of evaluating the effectiveness of the protocol and appropriately modifying and updating same.
(h) Each committee shall adopt or amend its written child abuse protocol no later than JulyT, 1994, to specify the circumstances under which law enforcement officers will be re quired to accompany child abuse investigators from the county department of family and children services when these investigators investigate reports of child abuse and shall estab lish joint work efforts between the law enforcement and child abuse investigative agencies in child abuse investigations. The adoption or amendment of the protocol shall also describe measures which can be taken within the county to prevent child abuse and shall be filed with and furnished to the same entities with or to which an original protocol is required to be filed or furnished. The committee shall meet at least annually and shall issue a report no later than the first day of July in 1994 and no later than the first day of July each year thereafter. That report shall evaluate the extent to which child abuse investigations during the 12 months prior to the report have complied with the child abuse protocols of the com mittee, recommend measures to improve compliance, and describe which measures taken within the county to prevent child abuse have been successfuL
19-15-3. (a) When a medical examiner files a report regarding the death of any child with the director of the division of forensic services of the Georgia Bureau of Investigation pursuant to Code Section 45-16-24, that medical examiner at the same time shall also trans mit a copy of that report to the committee of the county in which such child resided at the time of death.
(b) The chairperson for each committee shall establish a subcommittee composed of members of the committee. The subcommittee shall be the child fatality review subcommit tee for that committee. When a A committee which receives a report pursuant to subsection (a) of this Code section, the Chairperson of the committee shall assign that report to the child fatality review subcommittee of that committee. That subcommittee shall meet and review the report within ten days after receipt and conduct its own investigation into the death of the child named in that report. The committee subcommittee may obtain from any superior court judge of the county for which the committee was created a subpoena to com pel the production of documents or attendance of witnesses when that judge has made a

MONDAY, FEBRUARY 15, 1993

413

finding that such documents or witnesses are necessary for the committee's subcommittee's investigation; provided, however, that this Code section shall not modify or impair the privileged communications as provided by law except as otherwise provided in Code Section 197-5. The committee subcommittee shall complete the investigation and prepare its own re port regarding the death of the child named in the medical examiner's report received by the committee. The committee's subcommittee's report shall be completed within 20 days, Saturdays, Sundays, and holidays excluded, following the first meeting of the committee subcommittee held after the committee received the medical examiner's report. The com mittee's subcommittee's report shall:
(1) State the circumstances leading up to death and cause of death;
(2) Detail any agency involvement prior to death, including the beginning and ending dates and kinds of services delivered, the reasons for initial agency activity, and the reasons for any termination of agency activities;
(3) State whether any agency services had been delivered to the family or child prior to the circumstances leading to the child's death;
(4) State whether court intervention had ever been sought;
(5) Conclude whether services or agency activities delivered prior to death were appro priate and whether the child's death could have been prevented; and
(6) Make recommendations for possible prevention of future deaths of similar incidents for children who are at risk for such deaths.
(c) The committee subcommittee shall transmit a copy of its report within 15 days following its completion to the Department of Human Resources and to the panel. The committee subcommittee shall also transmit a copy of its report within 15 days following its completion to the district attorney of the county for which the committee was created if the report concluded that the child named therein died as a result of:
(1) Sudden Infant Death Syndrome when no autopsy was performed to confirm the diagnosis;
(2) Accidental death when it appears that the death could have been prevented through intervention or supervision;
(3) Any sexually transmitted disease;
(4) Medical causes which could have been prevented through intervention by an agency or by seeking medical treatment;
(5) Suicide of a child in custody or known to the Department of Human Resources or when the finding of suicide is suspicious;
(6) Suspected or confirmed child abuse;
(7) Trauma to the head or body; or
(8) Homicide.
(d) Each subcommittee of a committee shall issue an annual report no later than the first ^ay of July in 1994 and in each year thereafter. The report shall specify the numbers of reports received by that committee from a medical examiner pursuant to subsection (a) of this Code section for the 12 month period prior to the issuance of the report and the num ber of reports of death investigations prepared by the subcommittee during such period. The annual report shall be published at least once in the legal organ of the county for which the committee was established with the expense of such publication paid by such county. No later than the fifteenth day of July in 1994 and in each year thereafter a copy of that annual report shall also be transmitted to the judiciary committees of the House and Senate.

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19-15-4. (a) There is created the State-wide Child Fatality Review Panel which shall be composed as follows:
(1) One district attorney;
(2) One juvenile court judge;
(3) One citizen member who is not employed by or an officer of the state or any political subdivision thereof;
(4) One forensic pathologist;
(5) The chairman chairperson of the Board of Human Resources;
(6) The director of the Division of Family and Children Services of the Department of Human Resources; and
(7) The director of the Georgia Bureau of Investigation.
(b) Members of the panel specified in paragraphs (1) through (4) of subsection (a) of this Code section shall be appointed by the Governor for initial terms of office to begin July 1, 1990, and expire June 30, 1992, and until their respective successors are appointed and qualified. Thereafter, successors to such members whose terms of office are to expire shall be appointed for terms beginning on July 1 of the year in which such terms expire and shall serve for terms of two years and until their respective successors are appointed and quali fied. Vacancies in the membership of the panel so appointed shall be filled in the same manner as the original appointment for the unexpired term of office. Members of the panel specified in paragraphs (5) through (7) of subsection (a) of this Code section shall serve during the time such persons hold the offices or positions specified therein.
(c) Those members of the panel described in paragraphs (4) through (7) of subsection (a) of this Code section shall receive no additional compensation for their services on the panel but shall receive the same daily expense and travel or mileage allowance authorized for members of the General Assembly for service on interim study committees, which shall be payable from the department or agency of which such member is an employee or officer. The remaining members of the panel shall receive from state funds no compensation, ex penses, or allowances for such services on the panel.
(d) The chairman chairperson of the Board of Human Resources shall serve as ehama chairperson of the panel. The panel shall meet yearly to review the reports of commit tees subcommittees and shall meet when requested to do so by the Governor. The chairman chairperson shall review each report submitted to the panel by a committee subcommittee and may call a special meeting of the panel to review any report when the chairman chairperson has concluded the report warrants expedited review and has been requested by the submitting committee subcommittee to make such expedited review.
(e) At the end of each calendar year, the panel shall submit a report to the Governor regarding the prevalence and circumstances of child fatalities in the state, recommend mea sures to reduce such fatalities caused by other than natural causes, and shall address in the report the following issues:
(1) Whether the deaths could have been prevented;
(2) Whether the children were known to any state or local agency;
(3) Whether agency intervention could have prevented their deaths;
(4) Whether policy, regulatory, or statutory changes are called for as a result of these findings; and
(5) Whether any referral should have been made to a law enforcement agency which was not made.
(f) The panel shall also establish procedures for the conduct of investigations by com mittees subcommittees into deaths of children and may obtain the assistance of child pro tection professionals in establishing such procedures.

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19-15-5. Meetings and proceedings of:
(1) A committee or subcommittee in the exercise of its duties shall be closed to the public and shall not be subject to Chapter 14 of Title 50, relating to open meetings; and
(2) The panel shall be open to the public as long as information identifying a deceased child, any family member of the child, or alleged or suspected perpetrator of abuse upon the child is not disclosed during such meetings or proceedings, but the panel is authorized to close such meeting to the public when such identifying information is required to be dis closed to members of the panel in order for the panel to carry out its duties.
19-15-6. (a) Records and other documents which are made public records pursuant to any other provisions of law shall remain public records notwithstanding their being ob tained, considered, or both, by cither a committee, a subcommittee, or the panel.
(b) Notwithstanding any other provision of law to the contrary, reports of a committee subcommittee made pursuant to Code Section 19-15-3 and reports of the panel made pursuant to Code Section 19-15-4 shall be public records and shall be released to any person making a request therefor but the panel or committee subcommittee having possession of such records or reports shall only release them after expunging therefrom all information contained therein which would permit identifying the deceased child, any family member of the child, any alleged or suspected perpetrator of abuse upon the child, or any reporter of suspected child abuse.
(c) Statistical compilations of data by a committee subcommittee or the panel based upon information received thereby and containing no information which would permit the identification of any person shall be public records.
(d) Members of a committee, a subcommittee, or of the panel shall not disclose what transpires at any meeting other than one made public by Code Section 19-15-5 nor disclose any information the disclosure of which is prohibited by this Code section, except to carry out the purposes of this chapter. Any person who knowingly violates this subsection shall be guilty of a misdemeanor.
(e) A person who presents information to a committee, a subcommittee, or the panel or who is a member of either any such body shall not be questioned in any civil or criminal proceeding regarding such presentation or regarding opinions formed by or confidential in formation obtained by such person as a result of serving as a member of either any such body. This subsection shall not be construed to prohibit any person from testifying regarding information obtained independently of a committee, a subcommittee, or the panel. In any proceeding in which testimony of such a member is offered the court shall first deter mine the source of such witness's knowledge.
(f) Except as otherwise provided in this Code section, information acquired by and records of a committee, a subcommittee, or the panel shall be confidential, shall not be disclosed, and shall not be subject to Article 4 of Chapter 18 of Title 50, relating to open records, or subject to subpoena, discovery, or introduction into evidence in any civil or crim inal proceeding.
(g) A member of a committee, a subcommittee, or the panel shall not be civilly or crimi nally liable for any disclosure of information made by such member as authorized by this Code section.
19-15-7. Nothing in this chapter shall be construed to authorize or require the inspec tion of any records or the release of any information if that inspection or release would result in the loss of any federal funds to the state."
Section 3. All laws and parts of laws in conflict with this Act are repealed.

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Senator Clay of the 37th offered the following amendment:

Amend the substitute to SB 1 offered by the Senate Committee on Judiciary by adding at page 2, line 6, a new subsection (E) as follows:
"However, no child who in good faith is being treated solely by spiritual means through prayer in accordance with the tenets and practices of a recognized church or religious de nomination by a duly accredited practitioner thereof shall, for that reason alone, be consid ered to be an 'abused' child."

On the adoption of the amendment, the yeas were 37, nays 4, and the amendment was adopted.

On the adoption of the substitute, the yeas were 41, nays 0, and the substitute was adopted as amended.

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

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

Those voting in the affirmative were Senators:

Balfour Baugh Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cheeks Clay Coleman Crotts Dawkins Day Dean Edge Egan Farrow

Garner Gillis Glanton Gochenour Harbison Hemmer Henson Hill Hooks Huggins Isakson Kemp Langford of 35th Langford of 29th Madden Marable Middleton Newbill

Oliver Parrish Perdue Pollard Ragan of llth Ragan of 32nd Ralston Ray Robinson Scott Slotin Starr Taylor Thomas Thompson Turner Tysinger Walker

Not voting were Senators Abernathy and Alien (excused).

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

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

Lieutenant Governor Howard introduced Honorable Don Johnson, U. S. Representative from the Tenth District of Georgia, and a former Senator of the 47th District, who briefly addressed the Senate.

MONDAY, FEBRUARY 15, 1993

417

The following general bills of the Senate, favorably reported by the committees, were read the third time and put upon their passage:
SB 2. By Senators Oliver of the 42nd, Marable of the 52nd, Robinson of the 16th and others: A bill to amend Code Section 49-5-41 of the Official Code of Georgia Annotated, relating to access to reports of child abuse, so as to change which persons or entities may have such access.
The Senate Committee on Judiciary offered the following substitute to SB 2:
A BILL
To be entitled an Act to amend Article 2 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to reports of child abuse, so as to change the provisions relating to definitions; to change which persons or entities may have such access; to repeal conflict ing laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article 2 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to reports of child abuse, is amended by striking subsection (a) of Code Section 495-40, relating to definitions, and inserting the following subsection:
"(a) As used in this article, the term:
(1) 'Abused' means subjected to child abuse.
(2) 'Child' means any person under 18 years of age.
(3) 'Child abuse' means:
(A) Physical injury or death inflicted upon a child by a parent or caretaker thereof by other than accidental means; provided, however, physical forms of discipline may be used as long as there is no physical injury to the child;
(B) Neglect or exploitation of a child by a parent or caretaker thereof;
(C) Sexual assault abuse of a child; or
(D) Sexual exploitation of a child.
(3.1) 'Sexual abuse' means a person's employing, using, persuading, inducing, enticing, or coercing any minor who is not that person's spouse to engage in any act which involves:
(A) Sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex;
(B) Bestiality;
(C) Masturbation;
(D) Lewd exhibition of the genitals or pubic area of any person;
(E) Flagellation or torture by or upon a person who is nude;
(F) Condition of being fettered, bound, or otherwise physically restrained on the part of a person who is nude;
(G) Physical contact in an act of apparent sexual stimulation or gratification with any person's clothed or unclothed genitals, pubic area, or buttocks or with a female's clothed or unclothed breasts;
(H) Defecation or urination for the purpose of sexual stimulation; or
(I) Penetration of the vagina or rectum by any object except when done as part of a recognized medical procedure.

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(4) 'Sexual exploitation' means conduct by a child's parent or caretaker who allows, permits, encourages, or requires that child to engage in:
(A) Prostitution, as defined in Code Section 16-6-9; or
(B) Sexually explicit conduct for the purpose of producing any visual or print medium depicting such conduct, as defined in Code Section 16-12-100."
Section 2. Said article is further amended by striking from subsection (a) of Code Sec tion 49-5-41, relating to access to reports of child abuse, " ; and" at the end of paragraph (6) and inserting a semicolon in its place, by striking the period at the end of paragraph (7) and inserting "; and" in its place, and by adding immediately thereafter the following:
"(8) Police or any other law enforcement agency of this state or any other state or any medical examiner or coroner investigating a report of known or suspected abuse or any child abuse protocol committee or subcommittee thereof created pursuant to Chapter 15 of Title 19, it being found by the General Assembly that the disclosure of such information is neces sary in order for such entities to carry out their legal responsibilities to protect children from abuse and neglect, which protective actions include bringing criminal actions for such abuse or neglect, and that such disclosure is therefore permissible and encouraged under the 1992 amendments to Section 107(b)(4) of the Child Abuse Prevention and Treatment Act, 42 U.S.C. 5106(A)(b)(4).",
and by striking paragraph (2) of subsection (c) thereof and inserting in its place a new paragraph (2) to read as follows:
"(2) Police 01 any other law enforcement agency of this state or any other state or any medical examiner or coroner investigating a report of known or suspected child abuse Reserved;".
Section 3. All laws and parts of laws in conflict with this Act are repealed.

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

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

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

Those voting in the affirmative were Senators:

Abernathy Balfour Baugh Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cheeks Clay Coleman Crotts Dawkins Day Dean Edge

Egan Farrow Gillis Glanton Gochenour Harbison Hemmer Henson Hill Hooks Huggins Isakson Kemp Langford of 29th Madden Marable Middleton

Oliver Parrish Perdue Pollard Ragan of llth Ragan of 32nd Ralston Ray Robinson Scott Slotin Starr Taylor Thomas Thompson Turner Tysinger

MONDAY, FEBRUARY 15, 1993

419

Those not voting were Senators:

Alien (excused) Garner

Langford of the 35th Newbill

Walker

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

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

SB 3. By Senators Oliver of the 42nd, Hill of the 4th, Robinson of the 16th and others:
A bill to amend Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile court proceedings, so as to change provisions re lating to temporary transfers of custody of children found to be deprived; to amend Code Section 16-3-21 of the Official Code of Georgia Annotated, relating to the use of force in the defense of self or others; to amend Code Section 24-9-20 of the Official Code of Georgia Annotated, relating to testimony of criminal defendants.

The Senate Committee on Judiciary offered the following substitute to SB 3:

A BILL
To be entitled an Act to amend various provisions of the Official Code of Georgia Anno tated relating to safety, health, and welfare of the public and of minors and children in particular; to amend Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile court proceedings, so as to change provisions relating to tem porary transfers of custody of children found to be deprived; to provide for retransfers of custody under certain circumstances; to provide for certain findings of deprivation; to amend Code Section 16-3-21 of the Official Code of Georgia Annotated, relating to the use of force in the defense of self or others, so as to provide for offering certain expert testimony and evidence of certain defendants' having been victims of certain acts of family violence or child abuse committed by a deceased; to amend Article 2 of Chapter 9 of Title 24 of the Official Code of Georgia Annotated, relating to privileged communications, so as to provide for the admissibility of certain prior acts committed by the defendant in the defendant's trial for certain crimes involving persons under 18 years of age; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile court proceedings, is amended by striking Code Section 15-11-34, relat ing to disposition of deprived children, and inserting in its place a new Code section to read as follows:
"15-11-34. (a) If the child is found to be a deprived child, the court may make any of the following orders of disposition best suited to the protection and physical, mental, and moral welfare of the child:
(1) Permit the child to remain with his or her parents, guardian, or other custodian, including a putative father, subject to conditions and limitations as the court prescribes, including supervision as directed by the court for the protection of the child;
(2) Subject to conditions and limitations as the court prescribes, transfer temporary legal custody to any of the persons or entities described in this paragraph. Without limiting the generality of the foregoing, such conditions and limitations shall include a provision that the court shall approve or direct the retransfer of the physical custody of the child back to the parents, guardian, or other custodian either upon the occurrence of specified circum stances or in the discretion of the court. Any such retransfer of physical custody may be made subject to such further conditions and limitations as the court prescribes, including

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supervision for the protection of the child. The persons or entities to whom or which tempo rary legal custody may be transferred shall include the following:
(A) Any individual including a putative father who, after study by the probation officer or other person or agency designated by the court, is found by the court to be qualified to receive and care for the child;
(B) An agency or other private organization licensed or otherwise authorized by law to receive and provide care for the child;
(C) Any public agency authorized by law to receive and provide care for the child; or
(D) An individual in another state with or without supervision by an appropriate officer under Code Section 15-11-46; or
(3) Without making any of the orders specified in paragraphs (1) and (2) of this subsec tion, transfer custody of the child to the court of another state exercising jurisdiction over juveniles if authorized by and in accordance with Code Section 15-11-44 if the child is or is about to become a resident of that state.
(b) Unless a child found to be deprived is found also to be delinquent, fee such child shall not be committed to or confined in an institution or other facility designed or operated for the benefit of delinquent children.
(c) Notwithstanding any other provision of law, the court may make a finding that a childTs found to be deprived while in the legal custody of either the Department of Human Resources or a county department of family and children services."
Section 2. Code Section 16-3-21 of the Official Code of Georgia Annotated, relating to use of force in defense of self or others, is amended by adding at the end a new subsection to read as follows:
"(d) In a prosecution for murder or manslaughter, if a defendant raises as a defense a justification provided by subsection (a) of this Code section, the defendant, in order to es tablish the defendant's reasonable belief that the use of force or deadly force was immedi ately necessary, shall be permitted to offer:
(1) Relevant evidence that the defendant had been the victim of acts of family violence or child abuse committed by the deceased, as such acts are described in Code Sections 1913-1 and 19-15-1, respectively; and
(2) Relevant expert testimony regarding the condition of the mind of the defendant at the time of the offense, including those relevant facts and circumstances relating to the family violence or child abuse that are the bases of the expert's opinion."
Section 3. Article 2 of Chapter 9 of Title 24 of the Official Code of Georgia Annotated, relating to privileged communications, is amended by adding after Code Section 24-9-20 a new Code section to read as follows:
"24-9-20.1. Notwithstanding the provisions of subsection (b) of Code Section 24-9-20, in any criminal case in which the defendant is being tried for:
(1) Cruelty to children under Code Section 16-5-70;
(2) Sexual exploitation of children under Code Section 16-12-100;
(3) Reckless abandonment of children under Code Section 16-5-72;
(4) Any sexual offense prohibited by Chapter 6 of Title 16, but only where the victim was a person under 18 years of age; or
(5) Any offense prohibited by Article 1 or 2 of Chapter 5 of Title 16, relating to homi cide and assault and battery, respectively, but only where the victim was a person under 18 years of age,
prior acts of the defendant involving conduct described as a criminal offense in paragraphs (1) through (5) of this Code section shall be admissible whether or not the defendant shall

MONDAY, FEBRUARY 15, 1993

421

have first put the defendant's character in issue and whether or not such acts involved a person under 18 years of age."
Section 4. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 42, nays 0, and the substitute was adopted.

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

Abernathy Balfour Baugh Blitch Boshears
owen , Broun of 46th Brown of 26th BChuerteokns QJ Coleman Crotts Dawkins Day Dean Edge Egan

Farrow Garner Gillis Glanton Gochenour
Harbison Hemmer R ,,2.,, , Hooks Huggins Isakson KemP Langford of 29th Madden Marable Middleton

Newbill Oliver Parrish Perdue Pollard
Ragan of 32nd Ralston R ,,Rofb.inson Scott Slotin Starr Taylor Thomas Thompson Turner Tysinger

Those not voting were Senators:

Alien (excused) Langford of the 35th

Ragan of llth

Walker

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

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

Senator Garner of the 30th, President Pro Tempore, assumed the Chair.

The following general bill of the Senate, having been read the third time on February 2 and committed to the Senate Committee on Natural Resources, and favorably reported by the committee, was put upon its passage:

SB 16. By Senator Egan of the 40th:
A bill to amend Article 1 of Chapter 7 of Title 52 of the Official Code of Georgia Annotated, relating to general provisions applicable to the "Georgia Boat Safety Act," so as to provide for the display of registration decals on both sides of a vessel; to repeal certain provisions relating to a horsepower limitation on Lake Tugalo; to provide for a horsepower limitation on a portion of the Chattahoochee River; to provide an effective date.

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The Senate Committee on Natural Resources offered the following substitute to SB 16:
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 applicable to the "Georgia Boat Safety Act," so as to provide for the display of registration decals on both sides of a vessel; to provide for a restriction on the use of personal watercraft on a portion of the Chattahoochee River; to provide for the designation of no ski areas; to provide for related 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. Article 1 of Chapter 7 of Title 52 of the Official Code of Georgia Annotated, relating to general provisions applicable to the "Georgia Boat Safety Act," is amended by striking in its entirety paragraph (5) of subsection (b) of Code Section 52-7-5, relating to the numbering of vessels, and inserting in lieu thereof a new paragraph (5) to read as follows:
"(5) The dccal decals assigned to all registered vessels must be displayed on the left one on each side of the bow preceding the prefix letters. There shall be a hyphen or space separating the each decal and the prefix letters. The hyphen or space shall be equal to the width of any letter except I."
Section 2. Said article is further amended by striking in its entirety subsection (c) of Code Section 52-7-13, relating to boating safety zones and related matters, which reads as follows:
"(c) No motor in excess of ten horsepower shall be used on any vessel being operated on Lake Tugalo.",
and by redesignating subsections (d), (e), and (f) as (c), (d), and (e), respectively.
Section 3. Said article is further amended by striking in its entirety subsection (b) of Code Section 52-7-20, relating to the operation of vessels in the vicinity of regulatory mark ers and aids to navigation, and inserting in lieu thereof the following:
"(b) It shall be unlawful to operate a power boat, except at an idle speed, or to create a wake in the vicinity of those marinas, bridges, public access ramps, and blind points which are identified by appropriate signs and markers which conform to the system of aids to navigation prescribed by the United States Coast Guard and to the system of uniform wa terway markers approved by the Advisory Panel of State Officials to the Merchant Marine Council or on any portion of the Chattahoochee River between the Morgan Falls Dam and the Georgia Highway 400 bridge which the department so marks as being so restricted."
Section 4. Said article is further amended by redesignating subsections (c), (d), (e), and (f) of said Code Section 52-7-20 as subsections (d), (e), (f), and (g), respectively, and by inserting immediately following subsection (b) of said Code Section the following:
"(c) It shall be unlawful to tow a person on water skis, aquaplanes, surfboards, or any similar device or to manipulate any such device on the Chattahoochee River between the Morgan Falls Dam and the Georgia Highway 4 or bridge in any area identified by regulatory markers as a no ski area. The Department of Natural Resources is authorized to place signs and markers so as to identify the areas restricted by this Code section."
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 Egan of the 40th offered the following amendment:
Amend the substitute to SB 16 offered by the Senate Committee on Natural Resources by striking on line 6 "personal watercraft" and substituting "power boats".

MONDAY, FEBRUARY 15, 1993

423

On the adoption of the amendment, the yeas were 43, nays 0, and the amendment was adopted.

On the adoption of the substitute, the yeas were 49, 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:

Abernathy Balfour Baugh Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cheeks Clay Coleman Crotts Dawkins Day Dean Edge Egan

Farrow Gillis Glanton Gochenour Harbison Hemmer Henson Hill Hooks Huggins Isakson Kemp Langford of 35th Langford of 29th Madden Marable Middleton Newbill

Oliver Parrish Perdue Pollard Ragan of llth Ragan of 32nd Ralston Ray Robinson Scott Slotin Starr Taylor Thomas Thompson Turner Tysinger Walker

Not voting were Senators Alien (excused) and Garner (presiding).

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

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

Senator Garner of the 30th, President Pro Tempore, who was presiding, announced that the Senate would stand in recess from 12:02 o'clock P.M. until 1:30 o'clock P.M.

At 1:30 o'clock P.M., the President called the Senate to order.

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

SB 26. By Senators Thomas of the 10th and Walker of the 22nd:
A bill to amend Code Section 49-5-8 of the Official Code of Georgia Annotated, relating to powers and duties of the Department of Human Resources, so as to change the provisions relating to the provision of financial assistance for agencies placing hard-to-place children; to revise the provisions relating to the circum stances and terms of payment.

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The Senate Committee on Health and Human Services offered the following substitute to SB 26:
A BILL
To be entitled an Act to amend Code Section 49-5-8 of the Official Code of Georgia Annotated, relating to powers and duties of the Department of Human Resources, so as to change the provisions relating to payments to licensed child-placing agencies placing chil dren with special needs; to revise the maximum amount of such payments; to provide that the board of human resources shall define the special needs child; to provide for other mat ters relating thereto; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 49-5-8 of the Official Code of Georgia Annotated, relating to powers and duties of the Department of Human Resources, is amended by striking subsec tion (a) of said Code section and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) The Department of Human Resources is authorized and empowered, through its own programs and the programs of county or district departments of family and children services, to establish, maintain, extend, and improve throughout the state, within the limits of funds appropriated therefor, programs that will provide:
(1) Preventive services as follows:
(A) Collecting and disseminating information about the problems of children and youths and providing consultative assistance to groups, public and private, interested in developing programs and services for the prevention, control, and treatment of dependency, deprivation, and delinquency among the children of this state; and
(B) Research and demonstration projects designed to add to the store of information about the social and emotional problems of children and youths and improve the methods for dealing with these problems;
(2) Child welfare services as follows:
(A) Casework services for children and youths and for mothers bearing children out of wedlock, whether living in their own homes or elsewhere, to help overcome problems that result in dependency, deprivation, or delinquency;
(B) Protective services that will investigate complaints of deprivation, abuse, or aban donment of children and youths by parents, guardians, custodians, or persons serving in loco parentis and, on the basis of the findings of such investigation, offer social services to such parents, guardians, custodians, or persons serving in loco parentis in relation to the problem or bring the situation to the attention of a law enforcement agency, an appropriate court, or another community agency;
(C) Supervising and providing required services and care involved in the interstate placement of children;
(D) Homemaker service, or payment of the cost of such service, when needed due to the absence or incapacity of the mother;
(E) Boarding care, or payment of maintenance costs, in foster family homes or in groupcare facilities for children and youths who cannot be adequately cared for in their own homes;
(F) Boarding care of payment of maintenance costs for mothers bearing children out of wedlock prior to, during, and for a reasonable period after childbirth; and
(G) Day-care services for the care and protection of children whose parents are absent from the home or unable for other reasons to provide parental supervision;

MONDAY, FEBRUARY 15, 1993

425

(3) Services to courts, upon their request, as follows:
(A) Accepting for casework services and care all children and youths whose legal cus tody is vested in the department by the court;
(B) Providing shelter or custodial care for children prior to examination and study or pending court hearing;
(C) Making social studies and reports to the court with respect to children and youths as to whom petitions have been filed; and
(D) Providing casework services and care or payment of maintenance costs for children and youths who have run away from their home communities within this state, or from their home communities in this state to another state, or from their home communities in another state to this state; paying the costs of returning such runaway children and youths to their home communities; and providing such services, care, or costs for runaway children and youths as may be required under Chapter 3 of Title 39;
(4) Regional group-care facilities for the purpose of:
(A) Providing local authorities an alternative to placing any child in a common jail;
(B) Shelter care prior to examination and study or pending a hearing before juvenile court;
(C) Detention prior to examination and study or pending a hearing before juvenile court; and
(D) Study and diagnosis pending determination of treatment or a hearing before juve nile court;
(5) Facilities designed to afford specialized and diversified programs, such as forestry camps, ranches, and group residences, for the care, treatment, and training of children and youths of different ages and different emotional, mental, and physical conditions;
(6) Regulation of child-placing and child-caring agencies by:
(A) Setting standards for and providing consultation and making recommendations concerning establishment and incorporation of all such agencies; and
(B) Licensing and inspecting regularly all such agencies to ensure their adherence to established standards as prescribed by the department;
(7) Adoption services, as follows:
(A) Supervising the work of all child-placing agencies;
(B) Providing services to parents desiring to surrender children for adoption as pro vided for in adoption statutes;
(C) Providing care or payment of maintenance costs for mothers bearing children out of wedlock and children being considered for adoption;
(D) Inquiring into the character and reputation of persons making application for the adoption of children;
(E) Placing children for adoption;
(F) Providing financial assistance after the consummation of a legal adoption to families adopting children who would otherwise remain in foster care at state expense. Financial assistance may only be granted for hard-to-place children with physical, mental, or emo tional handicaps or with other problems for whom it is difficult to find a permanent home. Financial assistance may not exceed 75 percent of the amount paid for boarding such child and for special services such as medical care not available through insurance or public facili ties. Such supplements shall only be available to families who could not provide for the child adequately without continued financial assistance. The department may review the supplements paid at any time but shall review them at least annually to determine the need for continued assistance; and

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(G) Providing payment to a licensed child-placing agency which places stteh a child with special needs who is under the jurisdiction of the department for adoption after the state was otherwise unable to arrange an adoption for such child under the jurisdiction of the department and such child would otherwise remain in foster care at state expense. Pay ment may only be granted for a special needs child as defined in the rules and regulations of the department. Payment may not exceed $4,000.00 $5,000.00 for each such adoption ar ranged by an agency. The board shall define the special needs child. One-half of such pay ment shall be made at the time of placement and the remaining amount shall be paid when the adoption is finalized. If the adoption disrupts prior to finalization, the state shall be reimbursed by the child-placing agency in an amount calculated on a prorated basis based on length of time the child was in the home and the services provided;
(8) Staff development and recruitment programs through in-service training and educa tional scholarships for personnel as may be necessary to assure efficient and effective admin istration of the services and care for children and youths authorized in this article. The department is authorized to disburse state funds to match federal funds in order to provide qualified employees with graduate or postgraduate educational scholarships in accordance with rules and regulations adopted by the board pursuant to Article VIII, Section VII, Para graph I of the Constitution of Georgia; and
(9) Miscellaneous services, such as providing all medical, hospital, psychiatric, surgical, or dental services or payment of the costs of such services as may be considered appropriate and necessary by competent medical authority to those children subject to the supervision and control of the department without securing prior consent of parents or legal guardians."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

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

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

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

Those voting in the affirmative were Senators:

Balfour Baugh Boshears
Bowen Broun of 46th "rton
g"*8 Crotts j-j Dean Edge Egan Farrow Garner

Glanton Gochenour Hemmer
Henson ffill Hooks
Huggins Langford of 29th Madden Marable Middleton Newbill Oliver Parrish

Perdue Pollard Ragan of llth
Ralston Ray Robinson
Scott Slotin Starr Taylor Thomas Thompson Turner Tysinger

Those not voting were Senators:

Abernathy Aj|enh Brown of 26th Coleman

Dawkins Gillis Harbison Isakson

Kemp Langford of 35th Ragan of 32nd Walker

MONDAY, FEBRUARY 15, 1993

427

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

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

SB 62. By Senators Henson of the 55th, Thompson of the 33rd, Ragan of the 32nd and others:
A bill to amend Code Section 15-12-122 of the Official Code of Georgia Anno tated, relating to jury panels for civil actions, so as to change the provisions relat ing to jury panels in civil actions in the state courts and demands for a jury of 12; to provide for applicability; to provide an effective date.

The Senate Committee on Special Judiciary offered the following amendment:

Amend SB 62 by striking line 16 of page 1 and inserting in lieu thereof the following: "$10,000.00 $250,000.00, either party may demand in".

Senators Farrow of the 54th, Henson of the 55th and Oliver of the 42nd offered the following amendment:

Amend the amendment to SB 62 offered by the Senate Committee on Special Judiciary by striking from line 5 of page 1 the following:
", either",
and inserting in lieu thereof the following:
"or is an action for medical malpractice as defined in subsection (a) of Code Section 911-8, either".

On the adoption of the amendment offered by Senators Farrow of the 54th, Henson of the 55th and Oliver of the 42nd, the yeas were 39, nays 0, and the amendment was adopted.

On the adoption of the amendment offered by the Senate Committee on Special Judici ary as amended, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Balfour Clay Crotts Edge Egan Farrow

Garner Glanton Gochenour Henson Kemp Langford of 29th

Marable Newbill Ragan of 32nd Thompson Tysinger Walker

Those voting in the negative were Senators:

Baugh
Boshears Bowen Broun of 46th Brown of 26th Burton Cheeks Coleman Day
Dean
Gillis

Hemmer
Hill Hooks Huggins Isakson Madden Middleton Oliver Parrish
Perdue
Pollard

Ragan of llth Ralston Ray Robinson
Starr Taylor Thomas Turner

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Those not voting were Senators:

Abernathy Alien (excused)

Blitch Dawkins

Harbison Langford of the 35th

On the adoption of the amendment to SB 62 offered by the Senate Committee on Spe cial Judiciary as amended, the yeas were 18, nays 32, and the amendment was lost.

Senator Farrow of the 54th offered the following amendment:

Amend SB 62 by striking from line 16 of page 1 the following:
", either",
and inserting in lieu thereof the following:
"or is an action for medical malpractice as defined in subsection (a) of Code Section 911-8, either".

On the adoption of the amendment offered by Senator Farrow of the 54th, the yeas were 40, nays 1, and the amendment was adopted.

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

Balfour Baugh Boshears Bowen Broun of 46th Brown of 26th
Burton Cheeks Clay Coleman Crotts Dawkins Day Dean Edge Egan Farrow

Garner Gillis Glanton Gochenour Hemmer Henson Hill Hooks Huggins Isakson Kemp Langford of 29th Madden Marable Middleton Newbill Oliver

Parrish Perdue Pollard Ragan of llth Ragan of 32nd Ray Robinson Scott Slotin Starr Taylor Thomas Thompson Turner Tysinger Walker

Voting in the negative was Senator Ralston.

Those not voting were Senators:

Abernathy Alien (excused)

Blitch Harbison

Langford of the 35th

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

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

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Senator Boshears of the 6th introduced the doctor of the day, Dr. A. Perry Streat, of Alma, Georgia.
The following general bills of the Senate, favorably reported by the committees, were read the third time and put upon their passage:
SB 106. By Senators Turner of the 8th, Robinson of the 16th, Broun of the 46th and others:
A bill to amend Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to financial institutions, so as to add a new article to provide for the licensing of mortgage lenders and mortgage brokers; to define certain terms; to provide for inapplicability for certain persons and entities; to provide that it shall be unlawful to transact a mortgage lending or brokerage business without a license.
The Senate Committee on Banking and Financial Institutions offered the following sub stitute to SB 106:
A BILL
To be entitled an Act to amend Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to financial institutions, so as to add a new article to provide for the licensing of mortgage lenders and mortgage brokers; to define certain terms; to provide for inapplicability for certain persons and entities; to provide that it shall be unlawful to trans act a mortgage lending or brokerage business without a license; to provide for licensing re quirements and license fees; to provide for the scope of licenses and additional licenses; to provide for the term and renewal of licenses; to provide for the suspension and revocation of licenses; to provide for departmental investigations of applicants; to provide for rules and regulations; to provide penalties for violations; 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 1 of Title 7 of the Official Code of Georgia Annotated, relating to financial institutions, is amended by adding a new Article 13 to read as follows:
"ARTICLE 13
7-1-1000. As used in this article, the term:
(1) 'Extortionate means' means the use of the threat of violence or other criminal means to cause harm to the person, reputation of the person, or property of the person.
(2) 'License' means a license issued by the department under this article to act as a mortgage lender or mortgage broker.
(3) 'Makes a mortgage loan' means to advance funds, offer to advance funds, or make a commitment to advance funds to an applicant for a mortgage loan.
(4) 'Mortgage broker' means any person who directly or indirectly solicits, processes, places, or negotiates mortgage loans for others, or offers to solicit, process, place, or negoti ate mortgage loans for others.
(5) 'Mortgage lender' means any person who directly or indirectly makes, originates, or purchases mortgage loans or who services mortgage loans.
(6) 'Mortgage loan' means a loan made to a natural person which loan is secured by a mortgage or deed of trust upon any interest in one-to-four family residential property lo cated in Georgia, regardless of where made, including the renewal or refinancing of any such loan.
(7) 'Person' means any individual, sole proprietorship, corporation, partnership, trust, or any other group of individuals, however organized.

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(8) 'Registrant' means any person required to register under subsection (b) of Code Section 7-1-1001.
(9) 'Residential property' means improved real property used or occupied, or intended to be used or occupied, for residential purposes.
(10) 'Service a mortgage loan' means the collection or remittance for another or the right to collect or remit for another of payments of principal, interest, trust items such as insurance and taxes, and any other payments pursuant to a mortgage loan.
(11) 'Ultimate equitable owner' means a natural person who, directly or indirectly, owns or controls an ownership interest in a corporation or any other form of business organiza tion, regardless of whether such natural person owns or controls such ownership interest through one or more natural persons or one or more proxies, powers of attorneys, nominees, corporations, associations, partnerships, trusts, joint-stock companies, other entities or de vices, or any combination thereof.
7-1-1001. (a) The following persons shall not be subject to the provisions of this article, unless otherwise provided by this article:
(1) Any lender authorized to engage in business as a bank, credit card bank, savings institution, building and loan association, or credit union under the laws of the United States, any state or territory of the United States, or the District of Columbia, the deposits of which are federally insured;
(2) Any person subject to being examined by the department;
(3) An attorney at law licensed to practice law in Georgia who is not principally engaged in negotiating mortgage loans when such attorney renders .services in the course of his or her practice as an attorney at law;
(4) A real estate broker or real estate salesperson not actively engaged in the business of negotiating mortgage loans; however, a real estate broker or real estate salesperson who re ceives any fee, commission, kickback, rebate, or other payment for directly or indirectly negotiating, placing, or finding a mortgage for others shall not be exempt from the provi sions of this article;
(5) Any person performing any act relating to mortgage loans under order of any court;
(6) Any person making a mortgage loan with his or her own funds for his or her own investment without intent to sell such mortgage loan and who makes fewer than five such transactions in one calendar year;
(7) The United States of America, the State of Georgia or any other state, and any agency, division, or corporate instrumentality of any governmental entity, including without limitation: the Georgia Housing and Finance Authority, the Georgia Development Author ity, the Federal National Mortgage Association (FNMA), the Federal Home Loan Mortgage Corporation (FHLMC), the Government National Mortgage Association (GNMA), the United States Department of Housing and Urban Development (HUD), the Federal Hous ing Administration (FHA), the Department of Veterans Affairs (VA), the Farmers Home Administration (FmHA), and the Federal Land Banks and Production Credit Associations;
(8) Any person who makes a mortgage loan to an employee of such person as an em ployment benefit;
(9) Any licensee under Chapter 3 of this title, the 'Georgia Industrial Loan Act,' pro vided that any mortgage loan made by such licensee is for $3,000.00 or less;
(10) Nonprofit corporations making mortgage loans to promote home ownership or im provements for the disadvantaged; or
(11) A natural person employed by a licensed mortgage broker, a licensed mortgage lender, or any lender exempted from the provisions of this article under paragraph (1) of this subsection when acting within the scope of employment with the licensee or exempted lender.

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(b) Any person claiming an exemption under paragraph (1) of subsection (a) of this Code section who has no business location in this state and any person claiming an exemp tion under paragraph (2) of subsection (a) of this Code section shall register with the de partment on or before June 1 of each year providing the department with such information as the department may prescribe by regulation, including, but not limited to, the business addresses at which such person engages in any business activities covered by this article and a telephone number that customers may use to contact such person. Registration under this subsection shall be accompanied by a registration fee to be established by regulation of the department. No person required to register under this subsection shall transact business in this state directly or indirectly as a mortgage broker or a mortgage lender unless such per son is registered with the department.
7-1-1002. It is prohibited for any person to transact business in this state directly or indirectly as a mortgage broker or a mortgage lender unless such person:
(1) Is licensed as such by the department; or
(2) Is a person exempted from the licensing requirements pursuant to Code Section 7-11001.
7-1-1003. (a) An application for a license under this article shall be made in writing, under oath, and in such form as the department may prescribe.
(b) The application shall include the following:
(1) The legal name, residence, and business address of the applicant and, if the appli cant is a partnership, association, or corporation, of every member, officer, and director thereof;
(2) The name under which the applicant will conduct business in Georgia;
(3) The complete address of the applicant's initial registered office and any other loca tions at which the applicant will engage in any business activity covered by this article;
(4) The general plan and character of the business;
(5) A financial statement of the applicant; and
(6) Such other data, financial statements, and pertinent information as the department may require with respect to the applicant, its directors, trustees, officers, members, agents, or ultimate equitable owners of 10 percent or more of the applicant.
(c) The application shall be filed together with:
(1) Investigation and supervision fees established by regulation. The investigation fee shall not be refundable; provided, however, any supervision fee paid at the time of the ap plication shall be refunded if the license is not granted; and
(2) A corporate surety bond issued by a bonding company or insurance company au thorized to do business in this state and approved by the department. The bond shall be in the principal sum of $100,000.00 or such greater sum as the department may require. The bond shall be in a form satisfactory to the department and shall run to the State of Georgia for the benefit of any persons damages by noncompliance of a licensee with any condition of such bond. Such bond shall be continuously maintained thereafter in full force. Such bond shall be conditioned upon the applicant or the licensee conducting his or her licensed busi ness in conformity with this article and all applicable laws. Any person who may be dam aged by noncompliance of a licensee with any condition of such bond may proceed on such bond against the principal or surety thereon, or both, to recover damages.
7-1-1004. (a) Upon receipt of an application for license, the department shall conduct such investigation as it deems necessary to determine that the applicant and its officers, directors, and principals are of good character and ethical reputation; that the applicant demonstrates reasonable financial responsibility; that the applicant has reasonable policies and procedures to receive and process customer grievances and inquiries promptly and fairly; and that the applicant has and maintains an agent for service in this state.

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(b) The department shall not license any applicant unless it is satisfied that the appli cant may be expected to operate its mortgage lending or brokerage activities in compliance with the laws of this state and in a manner which protects the contractual and property rights of the citizens of this state.
(c) The department shall not license any mortgage lender unless the applicant submits audited financial statements covering the applicant's most recent fiscal year preceding the date of the application or such other financial data as the department may require which disclose that the applicant has a bona fide and verifiable tangible net worth of $250,000.00 or such greater amount as the department may require, which net worth must be continu ously maintained as a condition of licensure.
(d) The department shall not issue a license if it finds that the applicant, or any person who is a director, officer, partner, agent, employee, or ultimate equitable owner of 10 percent or more of the applicant, has been convicted of a felony involving moral turpitude in any jurisdiction or of a crime which, if committed within this state, would constitute a felony involving moral turpitude under the laws of this state. For the purposes of this article, a person shall be deemed to have been convicted of a crime if such person shall have pleaded guilty to a charge thereof before a court or federal magistrate, or shall have been found guilty thereof by the decision or judgment of a court or federal magistrate or by the verdict of a jury, irrespective of the pronouncement of sentence or the suspension thereof, unless such plea of guilty, or such decision, judgment, or verdict, shall have been set aside, re versed, or otherwise abrogated by lawful judicial process or unless the person convicted of the crime shall have received a pardon therefor from the President of the United States or the Governor or other pardoning authority in the jurisdiction where the conviction was had, or shall have received a certificate of good conduct granted by the State Board of Pardons and Paroles pursuant to the provisions of the executive law to remove the disability under this subsection because of such conviction.
(e) The department may deny a license or otherwise restrict a license if it finds that the applicant, or any person who is a director, officer, partner, agent, or ultimate equitable owner of 10 percent or more of the applicant, has had a license denied, revoked, or sus pended within one year of the date of the application.
(f) Within 90 days after receipt of a completed application and payment of licensing fees prescribed by this article, the department shall either grant or deny the request for license.
7-1-1005. A license may be renewed for the ensuing 12 month period upon the filing of an application substantially conforming to the requirements of Code Section 7-1-1003 with such modifications as the department may specify and as may be necessary. The depart ment shall adopt rules establishing a procedure for the annual renewal of licenses. No inves tigation fee shall be payable in connection with such renewal application, but an annual license fee established by regulation of the department to defray the cost of supervision shall be paid with each renewal application, which fee shall not be refunded or prorated if the renewal application is approved and the renewal license thereunder goes into effect on the following October 1.
7-1-1006. (a) Each license issued under this article shall state the address or addresses at which business is to be conducted, the name of the licensee, and the date and place of its incorporation, if applicable.
(b) A licensee shall post a copy of such license in a conspicuous place in each place of business of the licensee.
(c) A license may not be transferred or assigned.
(d) No licensee shall transact business under any name other than that designated in the license.
(e) Each licensee shall notify the department in writing of any change in the address of

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the principal place of business or of any additional location of business, any change of prin cipal officer, director, or ultimate equitable owner of 10 percent or more of any corporation or other entity licensed under this article, or of any material change in the licensee's finan cial statement, not later than 30 business days after the change is effective.
(f) No licensee shall open an additional office without prior approval of the department. Applications for such approval shall be made in writing on a form prescribed by the depart ment and shall be accompanied by payment of a $350.00 nonrefundable application fee. The applicants shall be approved unless the department finds that the applicant has not con ducted business under this article efficiently, fairly, in the public interest, and in accordance with law. The application shall be deemed approved if notice to the contrary has not been mailed by the department to the applicant within 30 days of the date the application is received by the department. After approval, the applicant shall give written notice to the department within ten days of the commencement of business at the additional office.
7-1-1007. (a) A licensee shall give notice to the department by registered or certified mail of any action which may be brought against it by any creditor or borrower where such action is brought under this article, involves a claim against the bond filed with the depart ment for the purposes of compliance with Code Section 7-1-1003, or involves a claim for damages in excess of 10 percent of the tangible net worth of the licensee and of any judg ment which may be entered against it by any creditor or any borrower or prospective bor rower, with details sufficient to identify the action or judgment, within 30 days after the commencement of any such action or the entry of any such judgment. The corporate surety shall, within ten days after it pays any claim to any creditor or claimant, give notice to the department by registered or certified mail of such payment with details sufficient to identify the claimant or creditor and the claim or judgment so paid. Whenever the principal sum of such bond is reduced by one or more recoveries or payments thereon, the licensee shall furnish a new or additional bond so that the total or aggregate principal sum of such bond or bonds shall equal the sum required under Code Section 7-1-1003 or shall furnish an en dorsement duly executed by the corporate surety reinstating the bond to the required prin cipal sum thereof.
(b) A bond filed with the department for the purpose of compliance with Code Section 7-1-1003 may not be canceled by either the licensee or the corporate surety except upon notice to the department by registered or certified mail with return receipt requested, the cancellation to be effective not less than 30 days after receipt by the department of such notice and only with respect to any breach of condition occurring after the effective date of such cancellation.
7-1-1008. (a) Except as provided in this Code section, no person shall acquire directly or indirectly 25 percent or more of the voting shares of a corporation or 25 percent or more of the ownership of any other entity licensed to conduct business under this article unless it first:
(1) Files an application with the department in such form as the department may pre scribe from time to time;
(2) Delivers such other information to the department as the department may require concerning the financial responsibility, background, experience, and activities of the appli cant, its directors and officers, if a corporation, and its members, if applicable, and of any proposed new directors, officers, or members of the licensee; and
(3) Pays such application fee as the department may prescribe.
(b) Upon the filing and investigation of an application, the department shall permit the applicant to acquire the interest in the licensee if it finds that the applicant and its mem bers, if applicable, its directors and officers, if a corporation, and any proposed new directors and officers have the financial responsibility, character, reputation, experience, and general fitness to warrant belief that the business will be operated efficiently and fairly, in the pub lic interest, and in accordance with law. The department shall grant or deny the application within 60 days from the date a completed application accompanied by the required fee is

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filed unless the period is extended by order of the department reciting the reasons for the extension. If the application is denied, the department shall notify the applicant of the de nial and the reasons for the denial.
(c) The provisions of the Code section shall not apply to:
(1) The acquisition of an interest in a licensee directly or indirectly including an acqui sition by merger or consolidation by or with a person licensed by this article or a person exempt form this article under Code Section 7-1-1001;
(2) The acquisition of an interest in a licensee directly or indirectly including an acqui sition by merger or consolidation by or with a person affiliated through common ownership with the licensee; or
(3) The acquisition of an interest in a licensee by a person by bequest, descent, or survivorship or by operation of law. The person acquiring an interest in a licensee in a transaction which is exempt from filing an application by this subsection shall send written notice to the department of such acquisition within 30 days of its closing.
7-1-1009. (a) Any person required to be licensed or registered under this article shall maintain in its offices or such other location as the department shall permit such books, accounts, and records as the department may reasonably require in order to determine whether such person is complying with the provisions of this article and rules and regula tions adopted in furtherance thereof. Such books, accounts, and records shall be maintained apart and separate from any other business in which such person is involved.
(b) The department may, by its designated officers and employees, as often as it deems necessary, but at least once every 24 months, investigate and examine the affairs, business, premises, and records of any person required to be licensed under this article insofar as they pertain to any business for which a license is required by this article. In order to avoid unnecessary duplication of examinations, the department may accept examination reports performed and produced by other state or federal agencies, unless the department deter mines that the examinations are not available or do not provide information necessary to fulfill the responsibilities of the department under this article.
(c) Examinations and investigations conducted under this article and information ob tained by the department in the course of its duties under this article are confidential pur suant to the provisions of Code Section 7-1-70. In addition to the exceptions set forth in subsection (b) of Code Section 7-1-70, the department is authorized to share information obtained under this article with other state and federal regulatory agencies or law enforce ment authorities.
7-1-1010. (a) Each licensee and registrant shall annually, on or before April 1, file a written report with the department containing such information as the department may require concerning the business and operations during the preceding calendar year as to each licensed or registered place of business. Reports shall be made under oath and shall be in the form prescribed by the department. Any licensee or registrant who fails to prepare and file with the department by April 1 the report required by this subsection shall pay the department a penalty of $100.00 for each day after April 1. The department may, in its discretion, relieve any licensee or registrant from the payment of any such penalty, in whole or in part, if good cause is shown. If a licensee or registrant fails to pay a penalty from which it has not been relieved, the department may, through the Attorney General, maintain an action at law to recover it.
(b) Each licensee and registrant shall at least once each year have made by independent certified public accountants an audit of the books and affairs of the licensed or registered business except that a licensee or registrant which is a subsidiary shall comply with this provision by annually providing a consolidated audited financial statement of its parent company and an unaudited financial statement of the licensee or registrant which is pre pared in accordance with generally accepted accounting principles. The department may by regulation establish minimum standards for audits and reports under this Code section.

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7-1-1011. The department may, by regulation, prescribe annual fees, which fees shall be set at levels necessary to defray costs and expenses incurred by the state in providing the examinations and supervision required by this article and which fees may vary according to whether the licensee is a mortgage broker or mortgage lender.
7-1-1012. Without limitation on the power conferred by Article 1 of this chapter, the department may make reasonable rules and regulations, not inconsistent with law, for the enforcement of this article.
7-1-1013. It is prohibited for any person, including any person required to be licensed under this article and any person exempted from the licensing requirements of this article under Code Section 7-1-1001 to:
(1) Misrepresent the material facts or make false promises likely to influence, persuade, or induce an applicant for a mortgage loan or mortgagor to take a mortgage loan, or pursue a course of misrepresentation through agents or otherwise;
(2) Misrepresent or conceal material factors, terms, or conditions of a transaction to which the mortgage lender or broker is a party, pertinent to an applicant for a mortgage loan or mortgagor;
(3) Fail to disburse funds in accordance with a written commitment or agreement to make a mortgage loan;
(4) Improperly refuse to issue a satisfaction of a mortgage loan;
(5) Fail to account for or deliver to any person any personal property obtained in con nection with a mortgage loan such as money, funds, deposit, check, draft, mortgage, or other document or thing of value which has come into the possession of the mortgage lender or broker and which is not the property of the mortgage lender or broker, or which the mort gage lender or broker is not in law or at equity entitled to retain;
(6) Engage in any transaction, practice, or course of business which is not in good faith or fair dealing, or which operates a fraud upon any person, in connection with the making of or purchase or sale of any mortgage loan;
(7) Engage in any fraudulent home mortgage underwriting practices;
(8) Induce, require, or otherwise permit the applicant for a mortgage loan or mortgagor to sign a security deed, note, or other pertinent financial disclosure documents with any blank spaces to be filled in after it has been signed, except blank spaces relating to record ing or other incidental information not available at the time of signing;
(9) Make, directly or indirectly, any residential mortgage loan with the intent to fore close on the borrower's property. For purposes of this subsection, there is a presumption that a person has made a residential mortgage loan with the intent to foreclose on the bor rower's property if the following circumstances can be demonstrated:
(A) Lack of substantial benefit to the borrower;
(B) Lack of probability of full payment of the loan by the borrower; and
(C) A significant proportion of similarly foreclosed loans by such person; or
(10) Provide an extension of credit or collect a mortgage debt by extortionate means.
7-1-1014. In addition to such other rules, regulations, and policies as the department may promulgate to effectuate the purposes of this article, the department shall promulgate regulations governing the disclosure required to be made to applicants for mortgage loans, including, without limitation, the following requirements:
(1) Any person required to be licensed or registered under this article shall provide to each applicant for a mortgage loan at or before the time of the application a disclosure of the fees payable at the time of application and the conditions under which such fees may be refundable; and
(2) Any mortgage lender required to be licensed or registered under this article shall

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make available to each applicant for a mortgage loan at or before the time a commitment to make a mortgage loan is given a written disclosure of the fees to be paid in connection with the commitment and the loan, or the manner in which such fees shall be determined and the conditions under which such fees may be refundable.
7-1-1015. The department may promulgate rules with respect to the placement in es crow accounts by any person required to be licensed or registered by this article of any money, fund, deposit, check, or draft entrusted to it by any persons dealing with it as a residential mortgage broker, lender, or servicer.
7-1-1016. In addition to such other rules, regulations, and policies as the department may promulgate to effectuate the purpose of this article, the department shall prescribe regulations governing the advertising of mortgage loans, including without limitation the following requirements:
(1) Advertisements for loans regulated under this article may not be false, misleading, or deceptive. No person whose activities are regulated under this article may advertise in any manner so as to indicate or imply that its interest rates or charges for loans are in any way 'recommended,' 'approved,' 'set,' or 'established' by the state or this article;
(2) All advertisements by a licensee or a registrant shall contain the name and an office address of such licensee or registrant, which shall conform to a name and address on record with the department;
(3) No licensee shall advertise its services in Georgia in any media, whether print or electronic, without the words 'Georgia Residential Mortgage Licensee'; and
(4) All advertisements by licensees or registrants who are only mortgage brokers as de fined by this article must include language that:
(A) Such licensees or registrants do not make loans; and
(B) That actual funds are provided by another person, which person may affect availa bility of funds.
7-1-1017. (a) The department may suspend or revoke an original or renewal license on any ground on which it might refuse to issue an original license or for a violation of any provision of this article or any rule or regulation issued under this article or for failure of the licensee to pay, within 30 days after it becomes final, a judgment recovered in any court within this state by a claimant or creditor in an action arising out of the licensee's business in this state as a mortgage lender or mortgage broker.
(b) Notice of the department's intention to enter an order denying an application for a license under this article or of an order suspending or revoking a license under this article shall be given to the applicant or licensee in writing, sent by registered or certified mail addressed to the principal place of business of such applicant or licensee. Within 20 days of the date of the notice of intention to enter an order of denial, suspension, or revocation under this article, the applicant or licensee may request in writing a hearing to contest the order. If a hearing is not requested in writing within 20 days of the date of such notice of intention, the department shall enter a final order regarding the denial, suspension, or revo cation. Any final order of the department denying, suspending, or revoking a license shall state the grounds upon which it is based and shall be effective on the date of issuance. A copy thereof shall be forwarded promptly by registered or certified mail addressed to the principal place of business of such applicant or licensee.
(c) A decision of the department denying a license, original or renewal, shall be conclu sive, except that it may be subject to judicial review under Code Section 7-1-90. A decision of the department suspending or revoking a license shall be subject to judicial review in the same manner as a decision of the department to take possession of the assets and business of a bank under Code Section 7-1-155.
(d) Except as otherwise provided by law, a revocation, suspension, or surrender of a

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license shall not impair or affect the obligation of a preexisting contract between the licen see and another person.
(e) Nothing in this article shall preclude a person whose license has been suspended or revoked from continuing to service mortgage loans pursuant to servicing contracts in exis tence at the time of the suspension or revocation for a period not to exceed six months after the date of the final order of the department suspending or revoking the license.
7-1-1018. (a) Whenever it shall appear to the department that any person required to be licensed under this article has violated any law of this state or any order or regulation of the department, the department may issue a written order requiring such person to cease and desist from such unauthorized practices.
(b) Whenever a person required to be licensed under this article shall fail to comply with the terms of an order of the department which has been properly issued under the circumstances, the department, upon notice of three days to such person, may, through the Attorney General, petition the principal court for an order directing such person to obey the order of the department within the period of time as shall be fixed by the court. Upon the filing of such petition, the court shall allow a rule to show cause why it should not be granted. Whenever, after a hearing upon the merits or after failure of such person to appear when ordered, it shall appear that the order of the department was properly issued, the court shall grant the petition of the department.
(c) Any person required to be licensed under this article who violates the terms of any order issued pursuant to this Code section shall be liable for a civil penalty not to exceed $1,000.00. Each day during which the violation continues shall constitute a separate offense. In determining the amount of penalty, the department shall take into account the appropri ateness of the penalty relative to the size of the financial resources of such person, the good faith efforts of such person to comply with the order, the gravity of the violation, the history of previous violations by such person, and such other factors or circumstances as shall have contributed to the violation. The department may at its discretion compromise, modify, or refund any penalty which is subject to imposition or has been imposed pursuant to this Code section. Any person assessed as provided in this subsection shall have the right to request a hearing into the matter within ten days after notification of the assessment has been served upon the licensee involved; otherwise, such penalty shall be final except as to judicial review as provided in Code Section 7-1-90.
(d) All penalties recovered by the department pursuant to this Code section shall be paid into the state treasury to the credit of the general fund; provided, however, that the department at its discretion may remit such amounts recovered, net of the cost of recovery, in the same manner as prescribed for judgments received through derivative actions pursu ant to the provisions of Code Section 7-1-441.
(e) For purposes of this Code section, the term 'person' includes any officer, director, employee, agent, or other person participating in the conduct of the affairs of the person subject to the orders issued pursuant to this Code section.
7-1-1019. Any person and the several members, officers, directors, agents, and employ ees thereof who shall violate any of the provisions of this article shall be guilty of a misde meanor and shall be punishable by imprisonment for not more than one year or by a fine of not more than $1,000.00, or by both fine and imprisonment.
7-1-1020. Nothing in this article limits any statutory or common law right of any person to bring any action in any court for any act involved in the mortgage business or the right of the state to punish any person for any violation of any law. Without limiting the generality of the foregoing, nothing in this article shall be construed as limiting in any manner the application of Part 2 of Article 15 of Chapter 1 of Title 10, the 'Fair Business Practices Act of 1975.' "
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and when funds are specifically appropriated for purposes of this Act in an Appropriations Act making specific reference to this Act.

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Section 3. All laws and parts of laws in conflict with this Act are repealed.
Senator Turner of the 8th offered the following amendment:
Amend the substitute to SB 106 offered by the Senate Committee on Banking and Fi nancial Institutions by striking lines 6 through 15 of page 1 and inserting in lieu thereof the following:
"and entities; to provide for the registration of certain persons exempt from licensing requirements; to prohibit the transaction of a mortgage lending or brokerage business with out a license or compliance with registration requirements; to provide for applications; to provide for licensing requirements and fees; to provide for the scope of licenses and addi tional licenses; to provide for the term and renewal of licenses; to provide for suspension and revocation of licenses; to provide for examinations and investigations; to provide for notices, reports, and other requirements relative to licensees and registrants; to prohibit certain acts; to provide for disclosure requirements regarding mortgage loans; to provide for requirements relative to escrow accounts and advertisements; to authorize rules and regula tions; to provide for administrative orders and actions relative to such orders; to provide civil and criminal penalties; to provide for statutory construction; to provide for other mat ters relative to the foregoing; to provide an effective date and conditions relative to such effective date; to repeal".
By striking on line 24 of page 1 the word "of and inserting the word "or".
By adding between lines 9 and 10 of page 2 the following:
"(4) 'Misrepresent' means to make a false statement of a substantive fact or to engage in, with the intent to deceive or mislead, any conduct which leads to a false belief which is material to the transaction."
By striking "(4)", "(5)", "(6)", "(7)", "(8)", and "(9)" on lines 10, 15, 19, 25, 28, and 31, respectively, on page 2 and inserting in lieu thereof "(5)", "(6)", "(7)", "(8)", "(9)", and "(10)", respectively.
By striking "(10)" on line 1 of page 3 and inserting in lieu thereof "(11)".
By striking "(11)" on line 7 of page 3 and inserting in lieu thereof "(12)".
By striking the period at the end of line 14 of page 2 and inserting in lieu thereof the following:
"or who closes mortgage loans which may be in the mortgage broker's own name with funds provided by others and which loans are assigned within 24 hours of the closing of the loans to the mortgage lenders providing the funding of such loans."
By striking line 11 of page 4 and inserting in lieu thereof the following:
"(6) Any natural person or the estate of or trust created by a natural person making a mortgage loan with".
By adding at the end of line 19 of page 7 the following:
"The provisions of this paragraph shall not apply to any mortgage lender who has a bona fide and verifiable tangible net worth of $250,000.00 or to any mortgage broker who has a bona fide and verifiable tangible net worth of $50,000.00.".
By striking the word "shall" on line 13 of page 8 and inserting the word "may".
By adding on line 5 of page 19 after the word "article" and before the word "must" the following:
"and who make mortgage loans that are not first mortgage loans".
On the adoption of the amendment, the yeas were 48, nays 0, and the amendment was adopted.

MONDAY, FEBRUARY 15, 1993

439

Senator Walker of the 22nd offered the following amendment:

Amend the substitute to SB 106 offered by the Senate Committee on Banking and Fi nancial Institutions by adding between lines 24 and 25 on page 2 the following:
"(7) 'Office' means the Governor's Office of Consumer Affairs.".
By redesignating paragraphs (7) through (11) on pages 2 and 3 as paragraphs (8) through (12), respectively.
By changing the word "department" wherever it appears in said bill to the word "office".

Senator Walker of the 22nd asked unanimous consent that his amendment be with drawn; the consent was granted, and the amendment was withdrawn.

Senator Isakson of the 21st offered the following amendment:

Amend the substitute to SB 106 offered by the Senate Committee on Banking and Fi nancial Institutions by adding a new Section "(3)" between line 7 and 8 on page 18:
"(3) Any mortgage lender required to be licensed or registered under this article shall disclose to each applicant that failure to meet every condition of the mortgage loan may result in the loss of the applicant's property through foreclosure. The applicant shall be required to sign the disclosure."

On the adoption of the amendment offered by Senator Isakson of the 21st, the yeas were 47, nays 2, and the amendment was adopted.

Senators Crotts of the 17th and Dean of the 31st offered the following amendment:

Amend the substitute to SB 106 offered by the Senate Committee on Banking and Fi nancial Institutions by changing on page 4, line 14, the word "5" to read "10".

On the adoption of the amendment offered by Senators Crotts of the 17th and Dean of the 31st, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Balfour Baugh Blitch Boshears Brown of 26th Burton Cheeks Clay Crotts Day Dean Edge

Farrow Garner Gillis Glanton Gochenour Hemmer Henson Hill Hooks Huggins Isakson Kemp Langford of 29th

Marable Middleton Newbill Perdue Pollard Ragan of llth Ragan of 32nd Ralston Ray Scott Slotin Thomas Tysinger

Those voting in the negative were Senators:

Broun of 46th
Coleman Dawkins Egan Langford of the 35th

Madden
Oliver Parrish Robinson Starr

Taylor Thompson
Turner Walker

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JOURNAL OF THE SENATE

Those not voting were Senators:

Alien (excused)

Bowen

Harbison

On the adoption of the amendment offered by Senators Crotts of the 17th and Dean of the 31st, the yeas were 39, nays 14, and the amendment was adopted.

Senator Dawkins of the 45th offered the following amendment:

Amend the substitute to SB 106 offered by the Senate Committee on Banking and Fi nancial Institutions by adding the words "for a mortgage loan" between the words "appli cant" and "that" on line seven of committee substitute.

On the adoption of the amendment offered by Senator Dawkins of the 45th, the yeas were 39, nays 3, and the amendment was adopted.

Senators Ralston of the 51st, Middleton of the 50th, Perdue of the 18th and Huggins of the 53rd offered the following amendment:

Amend the substitute to SB 106 offered by the Senate Committee on Banking and Fi nancial Institutions as follows:
On page 4, line 13, add a semi-colon at the end of line 12; strike lines 13, 14, and 15 and insert: "including those persons who make a purchase money mortgage for financing sales of their own property."

On the adoption of the amendment offered by Senators Ralston of the 51st, Middleton of the 50th, Perdue of the 18th and Huggins of the 53rd, the yeas were 43, nays 3, and the amendment was adopted.

Senator Kemp of the 3rd offered the following amendment:

Amend the substitute to SB 106 offered by the Senate Committee on Banking and Fi nancial Institutions by adding at the end of line 19 of page 7 the following:
"The provisions of this paragraph shall not apply to any mortgage lender who has a bona fide and verifiable tangible net worth of $250,000.00 or to any mortgage broker who has a bona fide and verifiable tangible net worth of $50,000", and
By adding after "$50,000.00", "or $50,000.00 issued by a corporate surety bond issued by a bonding company or insurance company authorized to do business in this state and approved by the Department."

On the adoption of the amendment offered by Senator Kemp of the 3rd, the yeas were 7, nays 36, and the amendment was lost.

On the adoption of the substitute, the yeas were 45, 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:

Balfour Baugh Blitch

Boshears Broun of 46th Brown of 26th

Burton Cheeks Clay

MONDAY, FEBRUARY 15, 1993

441

Coleman Crotts Dawkins Day Dean Edge Egan Farrow Garner Gillis
Glanton
Gochenour
Hemmer
Henson

Hill Hooks Huggins Isakson Kemp Langford of 29th Madden Marable Middleton Newbill
Oliver
Parrish
Perdue
Pollard

Ragan of llth Ragan of 32nd Ray Robinson Scott Slotin ,,, j , ^io1 Thomas
Thompson
Turner
Tysinger
Walker

Those not voting were Senators:

Abernathy Alien (excused)

Bowen Harbison

Langford of the 35th Ralston

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

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

SB 115. By Senators Henson of the 55th, Parrish of the 43rd and Dawkins of the 45th:
A bill to amend Chapter 28 of Title 43 of the Official Code of Georgia Annotated, relating to occupational therapists, so as to change which persons must be li censed under that chapter and change qualifications for and exceptions from licensing.

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

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

Those voting in the affirmative were Senators:

Balfour Baugh Blitch Boshears Broun of 46th Brown of 26th
Burton Cla S
rCCor^olettmms aon Dawkins Dav Dean Edge Egan Farrow Garner

Gillis Glanton Gochenour Hemmer Henson ffill
Hooks Huggins
Isakson Kemp Langford of 35th Langford of 29th Madden Marable Middleton Newbill Oliver

Parrish Perdue Pollard Ragan of llth Ragan of 32nd Ralston
Ray Robinson
ScS.lcoottltn Starr Taylor Thomas Thompson Turner Tysinger Walker

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JOURNAL OF THE SENATE

Those not voting were Senators:

Abernathy Alien (excused)

Bowen

Harbison

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

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

Senator Robinson of the 16th moved that Senator Harbison of the 15th be excused from the Senate today due to illness in the family.

On the motion, the yeas were 42, nays 0; the motion prevailed, and Senator Harbison of the 15th was excused from the Senate today.

Senator Robinson of the 16th moved that the Senate do now adjourn until 9:15 o'clock A.M. tomorrow, and the motion prevailed.

At 3:35 o'clock P.M., the President announced the Senate adjourned until 9:15 o'clock A.M. tomorrow.

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443

Senate Chamber, Atlanta, Georgia Tuesday, February 16, 1993 Nineteenth Legislative Day

The Senate met pursuant to adjournment at 9:15 o'clock A.M. today and was called to order by the President.
Senator Huggins of the 53rd reported that the Journal of yesterday's proceedings had been read and found correct.
By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House:
HB 619. By Representatives Snow of the 2nd and Joyce of the 1st:
A bill to amend an Act creating a charter for the City of Chickamauga, so as to provide for an elected board of education for the City of Chickamauga as man dated by an amendment to the Constitution of Georgia, Article VIII, Section V, Paragraph II, and approved by the voters on November 3, 1992.
HB 626. By Representatives Shipp of the 38th, Cauthorn of the 35th, Vaughan of the 34th, Atkins of the 29th and Coker of the 31st:
A bill to amend an Act creating a new charter for the city of Kennesaw, so as to change the corporate limits of the city.
HB 41. By Representatives Coleman of the 142nd, Walker of the 141st and Parrish of the 144th: A bill to be known as the "Budgetary Responsibility Act of 1993"; to amend Article 1 of Chapter 5 of Title 28 of the Official Code of Georgia Annotated, relating to general provisions regarding legislative financial affairs, so as to create the Budgetary Responsibility Oversight Committee.
HB 261. By Representative Cauthorn of the 35th: A bill to amend Chapter 6 of Title 19 of the Official Code of Georgia Annotated, relating to alimony and child support generally, so as to change the conditions for obtaining orders requiring withholding of wages to furnish child support; to change the terms of such orders and provide for service thereof.
HB 351. By Representatives Baker of the 70th, Bordeaux of the 151st and Orrock of the 56th: A bill to amend Article 1 of Chapter 19 of Title 50 of the Official Code of Georgia Annotated, relating to state motor vehicle transportation, so as to change the reimbursement rate for actual traveling expenses incurred when traveling in the service of the state by personal motor vehicle.

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JOURNAL OF THE SENATE

HB 511. By Representatives Smith of the 174th, Jamieson of the 22nd, Mueller of the 152nd and Moore of the 113th: A bill to amend Code Section 19-7-3 of the Official Code of Georgia Annotated, relating to original actions or interventions for visitation rights by grandparents, so as to provide that such action or intervention may be brought when a child is adopted by a stepparent.
HB 447. By Representatives Buck of the 135th, Culbreth of the 132nd and Parham of the 122nd: A bill to amend Code Section 40-11-2 of the Official Code of Georgia Annotated, relating to duties of persons who remove or store certain motor vehicles, so as to provide for additional consequences with respect to the failure to provide certain required notice and information.
HB 303. By Representatives Ladd of the 59th and Johnston of the 81st: A bill to amend Code Section 48-5-29 of the Official Code of Georgia Annotated, relating to ad valorem property tax litigation, so as to provide for interest on certain taxpayer refunds.
HB 538. By Representatives Simpson of the 101st, Thomas of the 100th, Cox of the 160th and Cauthorn of the 35th: A bill to amend Part 1 of Article 16 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to registration and use of trademarks and service marks, so as to provide for registration of certain service marks by school boards.
HB 296. By Representatives Sinkfield of the 57th, McKinney of the 51st, Royal of the 164th, Carlisle of the 107th and Martin of the 47th: A bill to amend Code Section 49-4A-8 of the Official Code of Georgia Annotated, relating to commitment of delinquent and unruly children, so as to provide cer tain law enforcement powers to peace officers of facilities operated by the De partment of Children and Youth Services.
HB 112. By Representative Twiggs of the 8th: A bill to amend Part 1 of Article 1 of Chapter 3 of Title 27 of the Official Code of Georgia Annotated, relating to general provisions relative to hunting wildlife, so as to provide that under certain circumstances property owners shall be allowed to kill bears.
HB 361. By Representative Holland of the 157th: A bill to amend Article 2 of Chapter 3 of Title 53 of the Official Code of Georgia Annotated, relating to the probate of foreign wills, so as to provide that a duly certified foreign will probated in a foreign state may be recorded in the probate court of certain counties of this state and shall have the same effect as if pro bated in Georgia.
HB 63. By Representative Dover of the 9th: A bill to amend Code Section 43-50-32 of the Official Code of Georgia Annotated, relating to certain acts which are not prohibited by certain laws regulating the practice of veterinary medicine, so as to provide that such laws shall not be con strued to prohibit any person performing any embryo transfer process.
HB 218. By Representative Dover of the 9th: A bill to amend Chapter 1 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions of the "Georgia Public Revenue Code," so as to

TUESDAY, FEBRUARY 16, 1993

445

revise provisions relating to Georgia taxes; to define the terms "Internal Revenue Code" and "Internal Revenue Code of 1986" and thereby to incorporate provi sions of federal law into Georgia law.
HB 298. By Representatives Holmes of the 53rd, Cauthorn of the 35th, Canty of the 52nd, Kinnamon of the 4th and Chandler of the 99th:
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.
The following bills and resolution of the Senate were introduced, read the first time and referred to committees:
SB 251. By Senator Robinson of the 16th:
A bill to amend Chapter 22 of Title 47 of the Official Code of Georgia Annotated, relating to the Georgia Defined Contribution Plan, so as to provide that member ship in such plan shall be voluntary; to provide for the withdrawal of benefits.
Referred to Committee on Retirement.
SB 252. By Senators Robinson of the 16th and Oliver of the 42nd:
A bill to amend Chapter 1 of Title 42 of the Official Code of Georgia Annotated, relating to general provisions relating to penal institutions, so as to provide that the commissioner of corrections shall notify victims of crime of an offender's death, release, escape, or transfer to a halfway house.
Referred to Committee on Corrections.
SB 253. By Senators Robinson of the 16th and Oliver of the 42nd:
A bill to amend Code Section 47-9-73 of the Official Code of Georgia Annotated, relating to spouses benefits coverage under the Superior Court Judges Retire ment System, so as to provide that any member who rejected spouses benefits coverage may obtain such coverage by paying all required past amounts; to pro vide for related matters; to provide conditions for an effective date and for auto matic repeal.
Referred to Committee on Retirement.
SB 254. By Senators Cheeks of the 23rd and Pollard of the 24th:
A bill to amend an Act providing for a supplement to the compensation, ex penses, and allowances of the judges of the Superior Court of the Augusta Judi cial Circuit, as amended, so as to change the provisions relating to such supple ment; to provide an effective date.
Referred to Committee on Judiciary.
SB 255. By Senators Bowen of the 13th and Muggins of the 53rd:
A bill to amend Code Section 47-2-96 of the Official Code of Georgia Annotated, relating to prior service credit under the Employees' Retirement System of Geor gia, so as to provide that any member who became a member prior to May 1, 1973, shall be entitled to receive creditable service for certain military service; to provide conditions for an effective date and automatic repeal.
Referred to Committee on Retirement.

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JOURNAL OF THE SENATE

SB 256. By Senator Henson of the 55th:
A bill to amend Code Section 53-3-6 of the Official Code of Georgia Annotated, relating to procedure when a will is lost or destroyed and the presumption of revocability, so as to provide for applicability language. Referred to Committee on Special Judiciary.
SB 257. By Senator Dawkins of the 45th:
A bill to amend Code Section 31-6-47 of the Official Code of Georgia Annotated, relating to exemptions from Chapter 6 of Title 31, relating to state health plan ning and development, so as to provide for a new exemption for certain projects necessary to restore a hospital to its previous bed capacity in order to avoid sub stantial financial harm to the hospital; to provide an effective date. Referred to Committee on Health and Human Services.
SB 258. By Senators Dawkins of the 45th and Crotts of the 17th:
A bill to provide for a supplement to the compensation, salary, expenses, and allowances of the judges of the Superior Court of the Rockdale Judicial Circuit; to provide an effective date. Referred to Committee on Judiciary.
SB 259. By Senator Dawkins of the 45th:
A bill to amend an Act changing the manner and method of choosing members of the board of education of Walton County, as amended, so as to provide new edu cation districts; to provide for definitions and insertions; to provide for members of such board serving on the effective date of this Act; to provide for the election of successors; to provide for submission of this Act to the United States Attorney General. Referred to Committee on Urban and County Affairs.
SB 260. By Senator Dawkins of the 45th:
A bill to amend Title 50 of the Official Code of Georgia Annotated, so as to create the Privatization Review Commission; to provide for the powers, duties, and authority of such commission; to provide for members; to provide for terms of office, vacancies, and meetings; to provide for procedures; to provide for other matters relative to the foregoing; to provide an effective date. Referred to Committee on Appropriations.
SB 261. By Senators Farrow of the 54th and Huggins of the 53rd:
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 fourth judge of the superior courts of the Conasauga Judicial Circuit of Georgia; to provide for the appointment, subsequent election, and terms of office of said judge; to require candidates for such judgeship to designate the judgeship for which they are offering. Referred to Committee on Judiciary.
SB 262. By Senators Boshears of the 6th and Blitch of the 7th:
A bill to amend Code Section 12-5-30 of the Official Code of Georgia Annotated, relating to permits for the construction, modification, or operation of facilities which discharge pollutants into the waters of this state, so as to provide that prior to issuing any such permit, the director of the Environmental Protection

TUESDAY, FEBRUARY 16, 1993

447

Division of the Department of Natural Resources shall conduct a public hearing in the county. Referred to Committee on Natural Resources.
SB 263. By Senators Walker of the 22nd and Cheeks of the 23rd: A bill to amend Article 3 of Chapter 11 of Title 31 of the Official Code of Georgia Annotated, relating to emergency medical services, so as to repeal certain recertification requirements for emergency medical technicians, paramedics, and car diac technicians; to repeal active practice requirements; to repeal certain grounds for revocation of certificates; to provide for applicability.
Referred to Committee on Health and Human Services.
SB 264. By Senators Ray of the 19th and Pollard of the 24th: A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to authorize the Commissioner of Insurance to promulgate rules and regulations necessary for the enforcement of Title 33; to provide that certain proceedings relating to the administrative supervision of an insurer shall be con fidential; to provide exceptions; to provide for the payment of the expenses of administrative supervision.
Referred to Committee on Insurance and Labor.
SB 265. By Senator Scott of the 36th: A bill to amend an Act creating the Board of Commissioners of Fulton County, as amended, so as to revise commissioner districts for the election of certain members of the board of commissioners; to provide for definitions and inclusions; to provide for submission of this Act to the United States Attorney General.
Referred to Committee on Urban and County Affairs.
SB 266. By Senator Blitch of the 7th: A bill to amend Code Section 43-39A-24 of the Official Code of Georgia Anno tated, relating to licensure of certain real estate appraisers, so as to provide for an exemption from such licensure for certain appraisers of the county appraisal staff.
Referred to Committee on Judiciary.
SB 267. By Senator Blitch of the 7th: A bill to amend Code Section 34-9-202 of the Official Code of Georgia Annotated, relating to the examination of an injured employee for workers' compensation purposes, so as to allow an independent medical examination of the employee to be conducted within 100 miles of the employee's residence.
Referred to Committee on Insurance and Labor.
SB 268. By Senators Blitch of the 7th and Oliver of the 42nd: A bill to amend Code Section 19-11-7 of the Official Code of Georgia Annotated, relating to enforcement of support payments for dependent minor child public assistance recipients, so as to provide that the Department of Human Resources may collect court costs out of the amounts recovered by the department and pay such costs over to the county.
Referred to Committee on Judiciary.
SB 269. By Senators Blitch of the 7th and Oliver of the 42nd: A bill to amend Code Section 19-9-3 of the Official Code of Georgia Annotated, relating to discretion of court in custody disputes, so as to provide that upon the

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JOURNAL OF THE SENATE

filing of an action for a change of child custody, the court may in its discretion change the terms of custody on a temporary basis pending final judgment on such issue; to provide that any such award shall not constitute an adjudication of the rights of the parties. Referred to Committee on Judiciary.
SB 270. By Senators Blitch of the 7th and Oliver of the 42nd: A bill to amend Code Section 42-8-35 of the Official Code of Georgia Annotated, relating to terms and conditions of probation, so as to authorize courts to include detention in a county detention facility as a condition of probation.
Referred to Committee on Corrections.
SR 173. By Senators Henson of the 55th, Oliver of the 42nd, Edge of the 28th and others: A resolution relating to global warming and air pollution.
Referred to Committee on Natural Resources.
The following bills of the House were read the first time and referred to committees:
HB 41. By Representatives Coleman of the 142nd, Walker of the 141st and Parrish of the 144th: A bill to be known as the "Budgetary Responsibility Act of 1993"; to amend Article 1 of Chapter 5 of Title 28 of the Official Code of Georgia Annotated, relating to general provisions regarding legislative financial affairs, so as to create the Budgetary Responsibility Oversight Committee.
Referred to Committee on Appropriations.
HB 63. By Representative Dover of the 9th: A bill to amend Code Section 43-50-32 of the Official Code of Georgia Annotated, relating to certain acts which are not prohibited by certain laws regulating the practice of veterinary medicine, so as to provide that such laws shall not be con strued to prohibit any person performing any embryo transfer process.
Referred to Committee on Agriculture.
HB 112. By Representative Twiggs of the 8th: A bill to amend Part 1 of Article 1 of Chapter 3 of Title 27 of the Official Code of Georgia Annotated, relating to general provisions relative to hunting wildlife, so as to provide that under certain circumstances property owners shall be allowed to kill bears.
Referred to Committee on Natural Resources.
HB 218. By Representative Dover of the 9th: A bill to amend Chapter 1 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions of the "Georgia Public Revenue Code," so as to revise provisions relating to Georgia taxes; to define the terms "Internal Revenue Code" and "Internal Revenue Code of 1986" and thereby to incorporate provi sions of federal law into Georgia law.
Referred to Committee on Finance and Public Utilities.
HB 261. By Representative Cauthorn of the 35th: A bill to amend Chapter 6 of Title 19 of the Official Code of Georgia Annotated, relating to alimony and child support generally, so as to change the conditions

TUESDAY, FEBRUARY 16, 1993

449

for obtaining orders requiring withholding of wages to furnish child support; to change the terms of such orders and provide for service thereof. Referred to Committee on Judiciary.
HB 296. By Representatives Sinkfield of the 57th, McKinney of the 51st, Royal of the 164th and others: A bill to amend Code Section 49-4A-8 of the Official Code of Georgia Annotated, relating to commitment of delinquent and unruly children, so as to provide cer tain law enforcement powers to peace officers of facilities operated by the De partment of Children and Youth Services.
Referred to Committee on Youth, Aging and Human Ecology.
HB 298. By Representatives Holmes of the 53rd, Cauthorn of the 35th, Canty of the 52nd and others:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to revise certain duties of the State Election Board. Referred to Committee on Special Judiciary.
HB 303. By Representative Ladd of the 59th: A bill to amend Code Section 48-5-29 of the Official Code of Georgia Annotated, relating to ad valorem property tax litigation, so as to provide for interest on certain taxpayer refunds.
Referred to Committee on Finance and Public Utilities.
HB 351. By Representatives Baker of the 70th, Bordeaux of the 151st and Orrock of the 56th:
A bill to amend Article 1 of Chapter 19 of Title 50 of the Official Code of Georgia Annotated, relating to state motor vehicle transportation, so as to change the reimbursement rate for actual traveling expenses incurred when traveling in the service of the state by personal motor vehicle. Referred to Committee on Appropriations.
HB 361. By Representative Holland of the 157th: A bill to amend Article 2 of Chapter 3 of Title 53 of the Official Code of Georgia Annotated, relating to the probate of foreign wills, so as to provide that a duly certified foreign will probated in a foreign state may be recorded in the probate court of certain counties of this state and shall have the same effect as if pro bated in Georgia.
Referred to Committee on Special Judiciary.
HB 447. By Representatives Buck of the 135th, Culbreth of the 132nd and Parham of the 122nd:
A bill to amend Code Section 40-11-2 of the Official Code of Georgia Annotated, relating to duties of persons who remove or store certain motor vehicles, so as to provide for additional consequences with respect to the failure to provide certain required notice and information. Referred to Committee on Public Safety.
HB 511. By Representatives Smith of the 174th, Jamieson of the 22nd, Mueller of the 152nd and Moore of the 113th: A bill to amend Code Section 19-7-3 of the Official Code of Georgia Annotated, relating to original actions or interventions for visitation rights by grandparents,

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JOURNAL OF THE SENATE

so as to provide that such action or intervention may be brought when a child is adopted by a stepparent.
Referred to Committee on Special Judiciary.

HB 538. By Representatives Simpson of the 101st, Thomas of the 100th, Cox of the 160th and Cauthorn of the 35th:
A bill to amend Part 1 of Article 16 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to registration and use of trademarks and service marks, so as to provide for registration of certain service marks by school boards.
Referred to Committee on Science, Technology, and Industry.

HB 619. By Representatives Snow of the 2nd and Joyce of the 1st:
A bill to amend an Act creating a charter for the City of Chickamauga, so as to provide for an elected board of education for the City of Chickamauga as man dated by an amendment to the Constitution of Georgia, Article VIII, Section V, Paragraph II, and approved by the voters on November 3, 1992.
Referred to Committee on Urban and County Affairs.

HB 626. By Representatives Shipp of the 38th, Cauthorn of the 35th, Vaughan of the 34th and others:
A bill to amend an Act creating a new charter for the city of Kennesaw, so as to change the corporate limits of the city.
Referred to Committee on Urban and County Affairs.

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

Mr. President:

The Committee on Education has had under consideration the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:
SB 100. Do pass. HB 300. Do pass by substitute.
Respectfully submitted,
Senator Scott of the 36th District, Chairman

Mr. President:

The Committee on Finance and Public Utilities has had under consideration the follow ing bills and resolution of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SB 141. Do pass by substitute. SR 153. Do pass.

HB 137. Do pass. HB 242. Do pass.

Respectfully submitted,

Senator Starr of the 44th District, Chairman

Mr. President:

The Committee on Health and Human Services has had under consideration the follow-

TUESDAY, FEBRUARY 16, 1993

451

ing bills of the Senate and has instructed me to report the same back to the Senate with the following recommendations:
SB 20. Do pass by substitute. SB 48. Do pass by substitute.
Respectfully submitted, Senator Walker of the 22nd District, Chairman
Mr. President:

The Committee on Higher Education has had under consideration the following resolu tion of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SR 147. Do pass.
Respectfully submitted,
Senator Perdue of the 18th District, Chairman Mr. President:

The Committee on Insurance and Labor has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the follow ing recommendation:
SB 47. Do pass by substitute.
Respectfully submitted,
Senator Pollard of the 24th District, Chairman Mr. President:

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

SB 96. Do pass as amended. SB 155. Do pass. SB 212. Do pass.

HB 449. HB 450. HB 583.

Do pass. Do pass. Do pass.

HB 226. HB 393. HB 411.

Do pass. Do pass. Do pass.

HB 586. HB 588. HB 612.

Do pass. Do pass. Do pass.

Respectfully submitted,

Senator Thompson of the 33rd District, Chairman

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

SB 145. By Senators Coleman of the 1st and Alien of the 2nd:
A bill to create the Coastal Area Olympic Games Authority; to provide for a short title; to provide for findings and determinations; to provide for definitions; to provide for the creation of the authority; to provide for the membership of the authority; to provide for appointment, terms, vacancies, qualifications, and com pensation of members of the authority; to provide for expenses relating to mem bers of the authority.

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JOURNAL OF THE SENATE

HR 64. By Representatives Lane of the 55th, Stancil of the 16th, Harris of the 17th and Pinholster of the 15th:
A resolution ratifying the change of regional development center boundaries es tablished by the Board of Community Affairs.
The President called for the morning roll call, and the following Senators answered to their names:

Alien Balfour Baugh Boshears Bowen Broun of 46th Brown of 26th Burton
O.T166KS
Clay Coleman Crotts Dawkins Day Dean Edge Egan Farrow

Garner Gillis Glanton Gochenour Harbison Hemmer Henson Hill Hooks Huggins Isakson Kemp Langford of 35th Langford of 29th Madden Marable Middleton

Those not answering were Senators:

Newbill Oliver Parrish Perdue Pollard Ragan of llth Ragan of 32nd Ralston Ray Robinson Scott Starr Taylor Thomas Thompson Turner Walker

Abernathy Blitch

Slotin

Tysinger

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

Senator Dean of the 31st introduced the chaplain of the day, Reverend Glenn Clounds, pastor of Fairview Baptist Church, Rockmart, Georgia, who offered scripture reading and prayer.

The following resolutions of the Senate were read and adopted:

SR 14. By Senators Hooks of the 14th, Walker of the 22nd, Taylor of the 12th and others:
A resolution recognizing Joseph E. Wilber, M.D.

SR 26. By Senator Brown of the 26th: A resolution expressing regret at the passing of Ms. Leah Kate Shakespeare.

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SR 171. By Senator Brown of the 26th:
A resolution expressing regret at the passing of Mr. Bobby Jones.
SR 172. By Senators Henson of the 55th and Clay of the 37th: A resolution commending Mr. John W. Barrett.
SR 174. By Senator Slotin of the 39th:
A resolution recognizing the Atlanta Paralympics Organizing Committee and Mr. G. Andrew Fleming.
SR 175. By Senators Perdue of the 18th and Hill of the 4th:
A resolution commending Major General William P. Hallin.
SR 176. By Senators Isakson of the 21st and Baugh of the 25th:
A resolution recognizing and commending the Minnie G. Boswell Memorial Hospital.
SR 177. By Senator Bowen of the 13th:
A resolution commending the firefighters of Georgia and observing the 21st an nual Firefighters' Recognition Day.
Senator Hemmer of the 49th introduced Mr. James E. Mathis, Sr., and Mrs. Frances Miller Mathis, his wife, who were honored by SR 49 and SR 113 respectively, adopted previ ously, and Mr. and Mrs. Mathis briefly addressed the Senate.
Senator Hemmer of the 49th introduced Melvin Cooper, Director of Gainesville/Hall County Parks and Leisure Services, and representing the Georgia Recreation and Parks As sociation, which was commended by SR 97, adopted previously.
Senator Garner of the 30th assumed the Chair.
The following local, uncontested bills of the Senate and House, favorably reported by the committee as listed on the Senate Local Consent Calendar, were put upon their passage:
SENATE LOCAL CONSENT CALENDAR
Tuesday, February 16, 1993
NINETEENTH LEGISLATIVE DAY
(The names listed with each bill are the Senators whose districts are affected by the legislation.)
*SB 96 Scott, 36th Slotin, 39th Langford, 35th Glanton, 34th Egan, 40th Newbill, 56th FULTON COUNTY Provides for the establishment of a countywide library system in Fulton County; changes the provisions relative to discontinuation of the use of real property for a library facility or service. (AMENDMENT)

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SB 155 Newbill, 56th Langford, 35th Glanton, 34th Egan, 40th Scott of 36th Slotin of 39th CITY OF SANDY SPRINGS
Incorporates the City of Sandy Springs in Fulton County; provides for a charter for the City; provides for incorporation, boundaries and powers of the City; ordinances and codes; administrative responsibilities, city clerk, tax col lector, city accountant and other personnel.
SB 212 Egan, 40th Slotin, 39th Langford, 35th Glanton, 34th Newbill, 56th Scott, 36th FULTON COUNTY
Creates a State Court of Fulton County by consolidation of the existing Civil Court and Criminal Court of Fulton County; provides for an additional judge for the State Court; provides for the appointment of the initial additional judge and the election of successors.
HB 226 Thompson, 33rd Clay, 37th Isakson, 21st CITY OF MARIETTA
Provides for Board of Education of public schools system; terms, boundaries; vacancies; qualifications.
HB 393 Thompson, 33rd Clay, 37th Isakson, 21st CITY OF MARIETTA
Provides for an additional member to the Board of Education appointed by City Council.
HB 411 Edge, 28th TOWN OF MORELAND
Creates a new charter for the Town of Moreland; two year terms of office, mayor, alderman.
HB 449 Henson, 55th Burton, 5th Thomas, 10th Tysinger, 41st Oliver, 42nd Parrish, 43rd DEKALB COUNTY
Provides for Ad Valorem Tax Survey Commission; members; compensation; meetings; submission of findings.

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HB 450 Henson, 55th Burton, 5th Thomas, 10th Tysinger, 41st Oliver, 42nd Parrish, 43rd DEKALB COUNTY
Imposes certain requirements and limitations on ad valorem taxes levied by DeKalb County; special services tax districts; limitations on millage rate lev ied.
HB 583 Edge, 28th COWETA COUNTY
Composition of the Board of Education of Coweta County; reapportion dis tricts.
HB 586 Pollard, 24th WILKES COUNTY
Corrects the expiration date for the term of office of members of the board of education of Wilkes County.
HB 588 Pollard, 24th Baugh, 25th WARREN COUNTY
Compensation for clerical staff for the judge of the probate court of Warren County; provides an effective date, repeals conflicting laws.
HB 612 Edge, 28th Glanton, 34th FAYETTE COUNTY
Board of Education of Fayette County; compensation and expenses of the chairperson and board members.
The amendment to the following bill was put upon its adoption:
*SB 96:
The Senate Committee on Urban and County Affairs offered the following amendment:
Amend SB 96 by striking lines 7 through 11 on page 2 and inserting in lieu thereof the following:
" 'In the event the county-wide library system shall discontinue to use any real property transferred pursuant to this section for a library facility or service, the property shall be disposed of by Fulton County after a public hearing, and the proceeds of such disposal shall be used for the county-wide library system. Pending disposal, however, the property may be used by the county for county purposes.'"
On the adoption of the amendment, the yeas were 49, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bills as re ported, was agreed to.

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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:

Abernathy Alien Balfour Baugh Blitch Boshears Broun of 46th Brown of 26th Burton Cheeks Clay Coleman Crotts Dawkins Day Dean Edge

Egan Farrow Gillis Glanton Gochenour Harbison Hill Hooks Huggins Isakson Kemp Langford of 29th Madden Marable Middleton Newbill

Oliver Perdue Pollard Ragan of llth Ragan of 32nd Ralston Ray Robinson Scott Slotin Starr Taylor Thomas Thompson Turner Walker

Those not voting were Senators:

Bowen Garner (presiding) Hemmer

Henson Langford of 35th

Parrish Tysinger

On the passage of all the local bills, the yeas were 49, nays 0.

All the bills on the Senate Local Consent Calendar, except SB 96, having received the requisite constitutional majority, were passed.

SB 96, having received the requisite constitutional majority, was passed as amended.

SENATE CALENDAR
Tuesday, February 16, 1993
NINETEENTH LEGISLATIVE DAY
SB 130 Veterinarian, Animal Boarder--notify owner of animal sale, disposal (Amend ment) (S Judy--40th)
SB 139 Revenue and Taxation--provide tax amnesty program (Substitute) (F&PU--44th)
SB 162 Office of Treasury and Fiscal Services--create in lieu of Department of Adminis trative Services Fiscal Division (F&PU--12th)
SB 202 Grants, Special Revenue Disbursements--certain counties receive funds (F&PU--3rd)
SR 5 CA: Legislators, Lieutenant Governor, Secretary of State, Others--limit terms (Substitute) (S Judy--30th)
SR 8 Capital Outlay for Education Task Force--create (Substitute) (Ed--36th) SR 127 Chatham County--conveyance of state property for thoroughfare (F&PU--1st) SR 142 Carroll County--easement on state-owned property (F&PU--30th) HB 142 Hospital Financing Authority Act--repeal (Substitute) F&PU--44th)

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HB 197 Home Malt Beverage Production Without License--limitation (C Aff--35th)
HB 222 Boards of Tax Assessors--may receive tax returns, homestead exemptions (F&PU--23rd)
HB 234 Retirement System Standards Law--Firemen's Pension Fund (Ret--53rd)
HB 239 Teachers Retirement--portion of refunded contributions to retirement plan (Ret--53rd)
HB 316 Teachers Retirement--delete reference to appointed boards of education (Ret--4th)
SB 35 Absentee Ballots--count, tabulate by closing of polls (Substitute) (Amendment) (Gov Op--2nd)
SB 135 Asbestos Licensing Board--require 24 hours of training (Nat R--43rd)
SB 41 Torts--certain school volunteers immune from liability (Substitute) (S Judy--56th)
SB 64 Pardons and Paroles Board--release information on votes taken (S Judy--37th)
SB 113 Evidence Seized--certain search, seizure with warrant not illegal (S Judy--40th)
SB 119 Driving Under The Influence--third conviction published (S Judy--28th)
SB 120 Attorney Serving City, County, School Board--also part-time judge (Substitute) (S Judy--28th)
SB 128 Vehicle Front Seat Passenger--prohibit open container of alcoholic beverage (Substitute) (Judy--49th)
SB 129 Agency Subject to Administrative Procedure Act--prepare synopsis of rules (Gov Op--22nd)
SB 133 Life Insurance Policy Provided by Corporations--define "employee" (Substitute) (I&L--19th)
SB 148 Petition to Establish Paternity--genetic testing (Judy--51st)
SB 154 Pharmacists--privileged nature of medical information, certain patients (Judy--47th)
SB 189 Guardian Acting Behalf of Another--renouncing interest in property transferred (S Judy--40th)
SB 191 Historic Chattachoochee Commission--member selection (Nat R--12th)
HB 125 Elections--campaign restrictions at polling places (Gov Op--37th)
HB 144 Retirement/Pensions (Title 47--Official Code of Georgia Annotated)--correct er rors, omissions (Judy--42nd)
HB 146 Elections (Title 21--Official Code of Georgia Annotated)--correct errors, omis sions (Judy--42nd)
The following general bill of the Senate, favorably reported by the committee, was read the third time and put upon its passage:
SB 130. By Senators Egan of the 40th, Turner of the 8th and Perdue of the 18th:
A bill to amend Part 9 of Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to liens of veterinarians and boarders of animals for the treatment and care of animals, so as to change certain provisions relating to notice to owner and sale or disposal of animals; to repeal certain provisions relating to the disposing of an animal by the veterinarian or boarder of animals wherein the animal was cared for or treated.

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The Senate Committee on Special Judiciary offered the following amendment:

Amend SB 130 by adding on line 14 of page 2 between the word "person" and the period the following:
"and shall be noted on the veterinarian's file on the animal or pet".

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:

Abernathy Alien Balfour Baugh Blitch Boshears Broun of 46th Brown of 26th Burton Cheeks Clay Coleman Crotts Dawkins Day Dean Edge

Egan Farrow Gillis Glanton Gochenour Harbison Hemmer Henson Hill Hooks Huggins Isakson Kemp Langford of 29th Madden Marable Middleton

Newbill Oliver Perdue Pollard Ragan of llth Ragan of 32nd Ralston Ray Robinson
Scott Slotin Starr Taylor Thomas Thompson Turner Walker

Those not voting were Senators:

Bowen Garner (presiding)

Langford of 35th Parrish

Tysinger

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

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

Senator Hemmer of the 49th introduced the doctor of the day, Dr. Bob Lanier, of At lanta, Georgia.

Senator Perdue of the 18th introduced Major General William P. Hallin, Commander of the Warner Robins Air Logistics Center at Robins Air Force Base, who, having been commended by SR 175 adopted previously today, briefly addressed the Senate.

Senator Edge of the 28th moved that Senator Tysinger of the 41st be excused from the Senate today due to illness.

On the motion, the yeas were 31, nays 0; the motion prevailed, and Senator Tysinger of the 41st was excused from the Senate today.

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The following general bills and resolution of the Senate, favorably reported by the com mittees, were read the third time and put upon their passage:
SB 139. By Senators Starr of the 44th and Garner of the 30th:
A bill to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to provide for a local tax amnesty program; to pro vide for legislative findings, declarations, and intent; to provide for definitions; to provide for powers, duties, and authority of local officials with respect to such local amnesty program; to provide for waiver of local tax penalties and criminal prosecution; to provide an effective date.
The Senate Committee on Finance and Public Utilities offered the following substitute to SB 139:
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 a property tax amnesty program; to provide for legislative findings, declarations, and intent; to provide for definitions; to pro vide for powers, duties, and authority of local officials with respect to such property tax amnesty program; to provide for waiver of property tax penalties and criminal prosecution; to provide for the publicizing of the property tax amnesty program; to impose collection fees; to establish an amnesty account; to correct certain internal references; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended by striking Chapter 16, relating to tax amnesty, and inserting in its place a new Chapter 16 to read as follows:
"CHAPTER 16
ARTICLE 1
48-16-1. The General Assembly finds and declares that a public purpose is served by the waiver of tax penalties and criminal prosecution in return for the immediate reporting and payment of previously underreported, unreported, or unpaid tax liabilities. The General Assembly further finds and declares that the benefits gained through this program; include, among other things, increased collection of certain currently owed taxes, permanently bring ing into the tax system taxpayers who have been evading payment of taxes and providing an opportunity for taxpayers to satisfy tax obligations before stepped-up tax enforcement pro grams take effect. It is the intention of the General Assembly in enacting this chapter article that the tax amnesty program provided under this article be a one-time occurrence which shall not be repeated in the future because taxpayers' expectations of any future amnesty programs could have a counterproductive effect on compliance under this chapter article.
48-16-2. This chapter article shall be known and may be cited as the 'Tax Amnesty Program Act.'
48-16-3. As used in this chapter article, the term:
(1) 'Accounts receivable' means an amount of state tax, penalty, or interest which has been recorded as due and entered in the account records or any ledger maintained in the department, or which a taxpayer should reasonably expect to become due as a direct or indirect result of any pending or completed audit or investigation, which a taxpayer knows is being conducted by any federal, state, or local taxing authority.
(2) 'Final, due, and owing' means an assessment which has become final and is owed to the state due to either the expiration of the taxpayer's appeal rights or, in the case of an

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assessment which has been appealed, either pursuant to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' or pursuant to Code Section 48-2-59, the rendition of the final order by the commissioner or by any court of this state. Assessments that have been appealed shall be final, due, and owing 15 days after the last unappealed or unappealable order sustaining the assessment or any part thereof has become final. Assessments that have not been appealed shall be final, due, and owing 30 days after service of notice of assessment pursuant to Code Section 48-2-45.
(3) 'Taxpayer' means any individual, partnership, joint venture, association, corpora tion, receiver, trustee, guardian, executor, administrator, fiduciary, or any other entity of any kind subject to any tax set forth in this title or any person required to collect any such tax under this title.
48-16-4. (a) The commissioner shall develop and administer a one-time tax amnesty program as provided in this chapter article. The commissioner shall, upon the voluntary return and remission of taxes and interest owed by any taxpayer, waive all penalties that are assessed or subject to being assessed for outstanding liabilities for taxable periods ending or transactions occurring on or before December 31, 1990. The commissioner shall provide by regulation as necessary for the administration of this amnesty program and shall further provide for necessary forms for the filing of amnesty applications and returns.
(b) Notwithstanding the provisions of any other law to the contrary, the tax amnesty program shall begin by October 31, 1992, and shall be completed no later than December 31, 1992, and shall apply to all taxpayers owing taxes, penalties, or interest administered by the commissioner under the provisions of this title, except that the tax amnesty shall not apply to any property tax levied or administered by the commissioner pursuant to Chapters 5 and 6 of this title. The program shall apply to tax liabilities for taxable periods ending or trans actions occurring on or before December 31, 1990. Amnesty tax return forms shall be in a form prescribed by the commissioner.
48-16-5. (a) The provisions of this chapter article shall apply to any eligible taxpayer who files an application for amnesty within the time prescribed by the commissioner and does the following:
(1) Files such returns as may be required by the commissioner for all years or tax re porting periods as stated on the application for which returns have not previously been filed and files such returns as may be required by the commissioner for all years or tax reporting periods for which returns were filed but the tax liability was underreported;
(2) Pays in full the taxes due for the periods and taxes applied for at the time the application or amnesty tax returns are filed within the amnesty period and pays with the taxes the amount of interest due and pays the amount of any additional tax and interest owed as may be determined by the commissioner within 30 days of notification by the com missioner; and
(3) The commissioner may, in te the commissioner's discretion, impose by regulation, the further condition that, in addition to the requirements set forth in paragraphs (1) and (2) of this subsection, the requirement that any eligible taxpayer also pay in full within the amnesty period all taxes previously assessed by the commissioner that are final, due, and owing at the time the application or amnesty tax returns are filed and pays with the taxes the amount of interest due and pays within 30 days of notification by the commissioner the amount of any additional interest owed.
(b) An eligible taxpayer may participate in the amnesty program whether or not the taxpayer is under audit, notwithstanding the fact that the amount due is included in a pro posed assessment or an assessment, bill, notice, or demand for payment issued by the com missioner, and without regard to whether the amount due is subject to a pending adminis trative or judicial proceeding. An eligible taxpayer may participate in the amnesty program to the extent of the uncontested portion of any assessed liability. However, participation in the program shall be conditioned upon the taxpayer's agreement that the right to protest or initiate an administrative or judicial proceeding or to claim any refund of moneys paid

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under the program is barred with respect to the amounts paid with the application or am nesty return.
(c) The commissioner may enter into an installment payment agreement in cases of severe hardship in lieu of the complete payment required under subsection (a) of this Code section. In such cases, 25 percent of the amount due shall be paid with the application or amnesty return with the balance to be paid in monthly installments not less than 25 percent of the original amount nor to exceed three months following the expiration of the amnesty period. Failure of the taxpayer to make timely payments shall void the terms of the amnesty program. All such agreements and payments shall include interest due and accruing during the installment agreement.
(d) If, following the termination of the tax amnesty period, the commissioner issues a deficiency assessment based upon information independent of that shown on a return filed pursuant to subsection (a) of this Code section, the commissioner shall have the authority to impose penalties and criminal action may be brought where authorized by law only with respect to the difference between the amount shown on the amnesty tax return and the correct amount of tax due. The imposition of penalties or criminal action shall not invali date any waiver granted under Code Section 48-16-6.
48-16-6. (a) Amnesty shall be granted for any taxpayer who meets the requirements of Code Section 48-16-5 in accordance with the following:
(1) For taxes which are owed as a result of the nonreporting or the underreporting of tax liabilities or the nonpayment of any accounts receivable owed by an eligible taxpayer, the state shall waive criminal prosecution and all civil penalties which may be assessed under any provision of this title for the taxable years or periods for which tax amnesty is requested; and
(2) With the exception of instances in which the taxpayer and commissioner enter into an installment payment agreement authorized under subsection (c) of Code Section 48-16-5, the failure to pay all taxes and interest as shown on the taxpayer's amnesty tax return shall invalidate any amnesty granted pursuant to this chapter article.
(b) This chapter article shall not apply to any taxpayer who is on notice, written or otherwise, of a criminal investigation being conducted by an agency of the state or any polit ical subdivision thereof or the United States, nor shall this chapter article apply to any taxpayer who is the subject of any criminal litigation which is pending on the date of the taxpayer's application in any court of this state or the United States for nonpayment, delin quency, evasion, or fraud in relation to any federal taxes or to any of the taxes to which this amnesty program is applicable.
(c) No refund or credit shall be granted for any interest or penalty paid prior to the time the taxpayer requests amnesty pursuant to Code Section 48-16-5.
(d) Unless the commissioner in Ms the commissioner's own discretion redetermines the amount of taxes and interest due, no refund or credit shall be granted for any taxes or interest paid under the amnesty program.
48-16-7. (a) All installment agreements authorized under subsection (c) of Code Section 48-16-5 shall bear interest on the outstanding amount of tax due during the installment period at the rate prescribed under Code Section 48-2-40.
(b) Notwithstanding the provisions of this title, if any overpayment of tax under this chapter article is refunded or credited within 180 days after the return is filed, no interest shall be allowed.
48-16-8. The commissioner shall promulgate administrative regulations as necessary, is sue forms and instructions, and take all actions necessary to implement the provisions of this chapter article. The commissioner shall publicize the tax amnesty program in order to maximize the public awareness of and participation in the program. The commissioner may, for the purpose of publicizing the tax amnesty program, contract with any advertising agency within or outside this state.

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48-16-9. For purposes of accounting for the revenues received pursuant to this chapter article, the commissioner shall maintain an accounting and reporting of funds collected under the amnesty program. All funds collected shall be remitted to the general fund of the state treasury.
48-16-10. (a) In addition to all other penalties provided under this chapter article or any other law, the commissioner may by regulation impose after the expiration of the tax amnesty period a cost of collection fee of 20 percent of any deficiency assessed for any taxa ble period ending or transactions occurring after December 31, 1990. This fee shall be in addition to all other applicable penalties, fees, or costs. The commissioner shall have the right to waive any collection fee when it is demonstrated that any deficiency of the taxpayer was not due to negligence, intentional disregard of administrative rules and regulations, or fraud.
(b) In addition to all other penalties provided under this chapter article or any other law, the commissioner may pursuant to regulation impose after the expiration of the tax amnesty period a cost of collection fee of 50 percent of any deficiency assessed after the amnesty period for taxable periods ending or transactions occurring on or before December 31, 1990 regardless of when due. This fee shall be in addition to all other applicable penal ties, fees, or costs. The commissioner shall have the right to waive any collection fee when it is demonstrated that any deficiency of the taxpayer was not due to negligence, intentional disregard of administrative rules and regulations, or fraud.
(c) The provisions of subsections (a) and (b) of this Code section shall not apply to any account which has been protested pursuant to Code Section 48-2-46 as of the expiration of the amnesty period and which does not become final, due, and owing, or to any account on which the taxpayer is remitting timely payments under a payment agreement negotiated with the commissioner prior to or during the amnesty period.
(d) The fee levied under subsections (a) and (b) of this Code section shall not apply to taxes paid pursuant to the terms of the amnesty program.
48-16-11. The commissioner may, for the purpose of collecting any delinquent taxes due from a taxpayer, contract with any debt collection agency or attorney doing business within or outside this state for the collection of such delinquent taxes, including penalties and interest thereon.
48-16-12. (a) As used in this Code section, the term 'return' means and includes any return, declaration, or form prescribed by the commissioner with respect to the taxes cov ered by the amnesty program.
(b) In addition to all other penalties provided under this chapter article and any other law, any person who willfully fails to make a return or willfully makes a false return or conspires to do so, or who willfully fails to pay taxes owing, withheld, or collected, with intent to evade payment of the tax owed or the amount withheld or collected, or any part thereof, or who conspires to do so shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than three years or by a fine of not more than $5,000.00, or both.
(c) Any person who fails to obey a subpoena or order of the commissioner issued pursu ant to Code Section 48-2-8 for purposes of enforcing this article shall be guilty of a misde meanor and, upon conviction thereof, shall for the first offense be fined not less than $25.00 and not more than $100.00 or imprisoned in the county jail for not more than three months, or both. For any subsequent offense such person shall, upon conviction thereof, be punished by imprisonment for not more than one year or by a fine of not more than $1,000.00, or both.
ARTICLE 2
48-16-30. The General Assembly finds and declares that a public purpose is served by the waiver of tax penalties and criminal prosecution in return for the immediate reporting and payment of previously underreturned, unreturned, or unpaid state and local ad valorem

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tax liabilities. The General Assembly further finds and declares that the benefits gained through this program include, among other things, increased collection of certain currently owed state and local ad valorem taxes, permanently bringing into the state and local tax system taxpayers who have been evading payment of local taxes and providing an opportu nity for taxpayers to satisfy state and local ad valorem tax obligations before stepped-up local tax enforcement programs take effect. It is the intention of the General Assembly in enacting this article that the property tax amnesty program provided under this article be a one-time occurrence which shall not be repeated in the future because taxpayers' expecta tions of any future property tax amnesty programs could have a counterproductive effect on compliance under this article.
48-16-31. This article shall be known and may be cited as the 'Property Tax Amnesty Program Act.'
48-16-32. As used in this article, the term:
(1) 'Ad valorem tax' or 'property tax' means any state or local ad valorem tax levied by any taxing jurisdiction.
(2) 'Delinquent taxes' means an amount of ad valorem property tax, penalty, or interest which has been recorded as due and entered in the account records or any ledger main tained in the office of the local collection official, or which a taxpayer should reasonably expect to become due as a direct or indirect result of any pending or completed audit or assessment, which a taxpayer knows is being conducted by any state or local assessing authority!
(3) 'Final, dye, and owing' means an assessment and ad valorem tax amount which has become final and is owed to the taxing jurisdiction due to either the expiration of the tax payer's appeal rights or the rendition of a final determination of assessed value based upon an appear
(4) 'Governing authority' means that official or group of officials responsible for the governing of a taxing jurisdiction!
(5) 'Local collection official' means that local official responsible for the collection of ad valorem taxes.
(6) 'Taxing jurisdiction' means the state or any district within which a county or munic ipality, a county, independent, or area school system, or a consolidated city-county govern ment or other political subdivision of the state exercises the power to levy or causes to be levied any ad valorem taxes to carry out its purposes!
(7) 'Taxpayer' means any individual, partnership, joint venture, association, corporation,~receiver, trustee, guardian, executor, administrator, fiduciary, or any other entity of any kind subject to any ad valorem tax.
48-16-33. (a) Upon the adoption of a resolution by the governing authority of a taxing jurisdiction, the local collection official shall be authorized to develop and administer a onetime property tax amnesty program as provided in this article. The local collection official shall, upon the voluntary filing of a return to the official responsible for the receiving of property tax returns and the remission of ad valorem taxes and interest owed by any tax payer, waive all penalties that are assessed or subject to being assessed for outstanding ad valorem tax liabilities for all tax years ending or transactions occurring on or before Decem ber 31, 1992. The local tax commissioner shall provide by local regulation as necessary for the administration of this property tax amnesty program and shall further provide for nec essary forms for the filing of property tax amnesty applications and returns.
(b) Any property tax amnesty program conducted under the authority of this article shall begin by October 31, 1993, and shall be completed no later than December 31, 1993, and shall apply to all taxpayers owing ad valorem taxes, penalties, or interest. The program shall apply to outstanding ad valorem tax liabilities for all tax years ending on or before December 31, 1992. Property tax amnesty tax return forms shall be in a form prescribed by the local collection official.

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48-16-34. (a) The provisions of this article shall apply to any eligible taxpayer who files an application for property tax amnesty within the time prescribed by the local collection authority and does the following!
(1) Files such returns as may be required by the local collection official responsible for receiving returns for all tax years as stated on the application for which returns have not previously been filed and files such returns as may be required by the local collection official responsible for receiving returns for all tax years for which returns were filed but on which the value of the taxpayer's property was understated;
(2) Pays in full the ad valorem taxes and interest due for the periods applied for at the time~of the application and pays the amount of any additional ad valorem tax and interest owed as may be determined from any additional returns by the local collection official within 30 days of notification by the local collection official; an3
(3) The local governing authority may by local resolution or ordinance impose the fur ther condition that, in addition to the requirements set forth in paragraphs (1) and (2) of this subsection, the requirement that any eligible taxpayer also pay in full within the prop erty tax amnesty period all ad valorem taxes, penalty, and interest previously levied and assessed that are final, due, and owing at the time the application or property tax amnesty tax returns are filed.
(b) An eligible taxpayer may participate in the property tax amnesty program whether or not the taxpayer is under audit, notwithstanding the fact that the amount due is based upon a proposed assessment or an assessment and without regard to whether the amount due is subject to a pending administrative or judicial proceeding. An eligible taxpayer may participate in the property tax amnesty program to the extent of the uncontested portion of any assessed ad valorem tax liability. However, participation in the program shall be condi tioned upon the taxpayer's agreement that the right to protest or initiate an administrative or judicial proceeding or to claim any refund of moneys paid under the program is barred with respect to the amounts paid with the application or property tax amnesty return!
(c) The local collection official may enter into an installment payment agreement in cases~bf severe hardship in lieu of the complete payment required under subsection (a) of this Code section. In such cases, 25 percent of the amount due shall be paid with the appli cation or property tax amnesty return with the balance to be paid in monthly installments not less than 25 percent of the original amount nor to exceed three months following the expiration of the property tax amnesty period. Failure of the taxpayer to make timely pay ments shall void the terms of the property tax amnesty program. All such agreements and payments shall include interest due and accruing during the installment agreement.
(d) If, following the termination of the property tax amnesty period, additional taxes are determined to be due from the taxpayer based upon information independent of that shown on a return filed pursuant to subsection (a) of this Code section, the local collection official shall have the authority to impose penalties only with respect to the difference be tween the amount shown on the property tax amnesty tax return and the correct amount of tax due. The imposition of penalties shall not invalidate any waiver granted under Code Section 48-16-35.
48-16-35. (a) Property tax amnesty shall be granted for any taxpayer who meets the requirements of Code Section 48-16-34 in accordance with the following:
(1) For ad valorem taxes which are owed as a result of the nonreturning or underreturning oTany ad valorem tax liabilities or the nonpayment of any delinquent ad valorem taxes owed by an eligible taxpayer, the governing authority shall waive criminal prosecution and all civil penalties which may be assessed under any provision of law for the taxable years or periods for which property tax amnesty is requested; and
(2) With the exception of instances in which the taxpayer and local collection official enteFlnto an installment payment agreement authorized under subsection (c) of Code Sec tion 48-16-34, the failure to pay all taxes and interest as shown on the taxpayer's property

TUESDAY, FEBRUARY 16, 1993

465

tax amnesty tax return shall invalidate any property tax amnesty granted pursuant to this article.~
(b) This article shall not apply to any taxpayer who is on notice, written or otherwise, of a criminal investigation being conducted by an agency of the state or any political subdivi sion thereof, nor shall this article apply to any taxpayer who is the subject of any criminal litigation which is pending on the date of the taxpayer's application in any court of this state for nonpayment, delinquency, evasion, or fraud in relation to any of the ad valorem taxes to which this property tax amnesty program is applicable?
(c) No refund or credit shall be granted for any interest or penalty paid prior to the time~the taxpayer requests amnesty pursuant to Code Section 48-16-34.
(d) Unless the local collection official in the discretion of such local collection official redetermines the amount of taxes and interest due, no refund or credit shall be granted for any taxes or interest paid under the property tax amnesty program.
48-16-36. (a) All installment agreements authorized under subsection (c) of Code Sec tion "48-16-34 shall bear interest on the outstanding amount of tax due during the install ment period at the rate prescribed under Code Section 48-2-401
(b) Notwithstanding any other provisions of this title, if any overpayment of ad valorem tax under this article is refunded or credited within 180 days after the return is filed, no interest shall be allowedT
48-16-37. The local governing authority shall adopt by ordinance or resolution local ad ministrative procedures as necessary, provide for the issuance of forms and instructions, and take all actions necessary to implement the provisions of this article. The local governing authority shall publicize the property tax amnesty program in order to maximize the public awareness of and participation in the program. The local governing authority may, for the purpose of publicizing the property tax amnesty program, contract with any advertising agency within or outside this state.
48-16-38. For purposes of accounting for the revenues received pursuant to this article, the local collection official shall maintain an accounting and reporting of funds collected under the property tax amnesty program.
48-16-39. (a) In addition to all other penalties provided under this article or any other law, the local governing authority may by ordinance or resolution impose after the expira tion of the property tax amnesty period a cost of collection fee of 50 percent of any defi ciency levied after the property tax amnesty period for taxable periods ending on or before December 31, 1992, regardlessof when due. This fee shall be in addition to all other applica ble penalties, fees, or costs. The local collection official shall have the right to waive any collection fee when it is demonstrated that any deficiency of the taxpayer was not due to negligence, intentional disregard of local ordinances or resolutions, or fraud.
(b) The provisions of subsection (a) of this Code section shall not apply to any account which is under appeal as of the expiration of the property tax amnesty period and which does not become final, due, and owing, or to any account on which the taxpayer is remitting timely payments under a payment agreement negotiated with the local collection official prior to or during the property tax amnesty period.
(c) The fee levied under subsection (a) of this Code section shall not apply to taxes paid pursuant to the terms of the property tax amnesty program.
48-16-40. The local collection official may, for the purpose of collecting any delinquent ad valorem taxes due from a taxpayer, contract with any debt collection agency or attorney doing business within or outside this state for the collection of such delinquent ad valorem taxes, including penalties and interest thereon."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

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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:

Alien Balfour
Baugh
Blitch Boshears Broun of 46th ^rto, n LQ,neeks Coleman Crotts Dawkins Day Dean Edge Farrow

Gillis Glanton
Gochenour
Hemmer Henson Hm Hooks ,,Huggins Isakson KemP Langford of 35th Langford of 29th Madden Marable Newbill

Oliver Parrish
Pollard
Ragan of llth Ragan of 32nd Ra,8ton Ray ,,Ro,bi.nson Slotin Starr Taylor Thomas Thompson Turner Walker

Voting in the negative was Senator Egan.

Those not voting were Senators:

Abernathy Bowen Brown of 26th

Garner (presiding) Harbison Middleton

Perdue Scott Tysinger (excused)

On the passage of the bill, the yeas were 46, nays 1.

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

The President resumed the Chair.

SB 162. By Senators Taylor of the 12th, Henson of the 55th and Brown of the 26th:
A bill to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to repeal provisions relating to the Fiscal Division of the Department of Administrative Services; to create the Office of Treasury and Fis cal Services and a director of said office; to provide for said office and director to serve as successors to the Fiscal Division of the Department of Administrative Services and its director.

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

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

Those voting in the affirmative were Senators:

Abernathy

Alien

Balfour

TUESDAY, FEBRUARY 16, 1993

467

Baugh Blitch Boshears Broun of 46th Brown of 26th B urton
CC.,,-, orao?le.t,tms an Dawkins Day Dean Edge Egan Farrow

Gillis Gochenour Hemmer Henson mll Hooks
TIHsauk.gsgoinns
Kemp Langford of 29th Madden Marable Newbill Oliver

Parrish Pollard Ragan of llth Ragan of 32nd Ralston Ray
R,,S,loobtmi. nson
Starr Taylor Thomas Thompson Turner Walker

Voting in the negative was Senator Glanton.

Those not voting were Senators:

Bowen Cheeks Garner (presiding)

Harbison Langford of 35th Middleton

Perdue Scott Tysinger (excused)

On the passage of the bill, the yeas were 46, nays 1.

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

SB 202. By Senators Kemp of the 3rd, Robinson of the 16th and Garner of the 30th:
A bill to amend Chapter 14 of Title 48 of the Official Code of Georgia Annotated, relating to grants and special revenue disbursements, so as to define a certain term; to provide that counties in which lies a certain amount of unimproved state owned real property shall be entitled to receive a grant of funds based on the value of public services provided.

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

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

Those voting in the affirmative were Senators:

Abernathy Alien Balfour Baugh Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cheeks Clay Crotts Day Dean

Edge Egan Farrow Garner Gillis Glanton Gochenour Hemmer Henson Hill Hooks Huggins Isakson Kemp Langford of 35th

Langford of 29th Madden Marable Middleton Newbill Oliver Parrish Perdue Pollard Ragan of llth Ragan of 32nd Ralston Ray Robinson Scott

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Slotin Starr Taylor

Thomas Thompson

Turner Walker

Those not voting were Senators:

Coleman Dawkins

Harbison

Tysinger (excused)

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

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

SR 5. By Senators Garner of the 30th, Robinson of the 16th, Hill of the 4th and Kemp of the 3rd:

A RESOLUTION
Proposing an amendment to the Constitution so as to provide for limitations on the number of consecutive full terms of office which may be served by members of the House of Representatives and Senate of the State of Georgia, the Lieutenant Governor, the Secretary of State, the Attorney General, the State School Superintendent, the Commissioner of In surance, the Commissioner of Agriculture, the Commissioner of Labor, and members of the Public Service Commission; 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 II, Paragraph V of the Constitution is amended by strik ing subparagraph (a) and inserting in its place a new subparagraph (a) to read as follows:
"(a) (1) The members of the General Assembly shall be elected by the qualified electors of their respective districts for a term of two years and shall serve until the time fixed for the convening of the next General Assembly.
(2) No member of the House of Representatives of the State of Georgia who has served six consecutive full two-year terms of office which began on or after January 1, 1995, shall again be eligible to hold office as a member of the House of Representatives of the State of Georgia until after the expiration of two years from the conclusion of that person's last term of office!
(3) No member of the Senate of the State of Georgia who has served six consecutive full two-year terms of office which began on or after January 1, 1995, shall again be eligible to hold office as a member of the Senate of the State of Georgia until after the expiration of two years from the conclusion of that person's last term of office."
Section 2. Article IV, Section I, Paragraph I of the Constitution is amended by striking subparagraph (a) and inserting in its place a new subparagraph (a) to read as follows:
"(a) There shall be a Public Service Commission for the regulation of utilities which shall consist of five members who shall be elected by the people. The Commissioners in office on June 30, 1983, shall serve until December 31 after the general election at which the successor of each member is elected. Thereafter, all succeeding terms of members shall be for six years. No member who has served two consecutive full six-year terms of office which began on or after January 1, 1995, as a member of the Public Service Commission shall again be eligible to hold office as a member of that body until after the expiration of six years from the conclusion of that person's last term of office. Members shall serve until their successors are elected and qualified. A chairman shall be selected by the members of the commission from its membership."

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469

Section 3. Article V, Section I of the Constitution is amended by striking Paragraph III and inserting in its place a new Paragraph III to read as follows:

"Paragraph III. Lieutenant Governor. There shall be a Lieutenant Governor, who shall be elected at the same time, for the same term, and in the same manner as the Governor. A person who has served two consecutive full four-year terms of office which began on or after January 1, 1995, as Lieutenant Governor shall not again be eligible to hold such office until after the expiration of four years from the conclusion of that person's last term of office. The Lieutenant Governor shall be the President of the Senate and shall have such executive duties as prescribed by the Governor and as may be prescribed by law not inconsistent with the powers of the Governor or other provisions of this Constitution. The compensation and allowances of the Lieutenant Governor shall be as provided by law."

Section 4. Article V, Section III of the Constitution is amended by striking Paragraph I and inserting in its place a new Paragraph I to read as follows:

"Paragraph I. Other executive officers, how elected. The Secretary of State, Attorney General, State School Superintendent, Commissioner of Insurance, Commissioner of Agri culture, and Commissioner of Labor shall be elected in the manner prescribed for the elec tion of members of the General Assembly and the electors shall be the same. Such executive officers shall be elected at the same time and hold their offices for the same term as the Governor. No person who has served two consecutive full four-year terms of office which began on or after January 1, 1995, as Secretary of State, Attorney General, State School Superintendent, Commissioner of Insurance, Commissioner of Agriculture, or Commissioner of Labor shall again be eligible to hold the office in which that person last so served until after the expiration of four years from the conclusion of that person's last term of office."

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 limit members of the House of Representatives of the State of Georgia to serving six consecutive full twoyear terms of office; to limit members of the Senate of the State of Georgia to serving six consecutive full two-year terms of office; to limit the Lieuten ant Governor, Secretary of State, Attorney General, State School Superin tendent, Commissioner of Insurance, Commissioner of Agriculture, and Commissioner of Labor to serving two consecutive full four-year terms of office; and to limit members of the Public Service Commission to serving two consecutive full six-year terms of office?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote ""NYeos."." All persons desiring to vote against ratifying the proposed amendment shall vote

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

The Senate Special Judiciary Committee offered the following substitute to SR 5:

A RESOLUTION
Proposing an amendment to the Constitution so as to provide for limitations on the number of consecutive full terms of office which may be served by members of the House of Representatives and Senate of the State of Georgia, the Lieutenant Governor, the Secretary of State, the Attorney General, the State School Superintendent, the Commissioner of In surance, the Commissioner of Agriculture, the Commissioner of Labor, and members of the Public Service Commission; to change the terms of office of members of the General Assem bly; to change certain provisions relating to the organization of the General Assembly; to

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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 II, Paragraph V of the Constitution is amended by strik ing subparagraph (a) and inserting in its place a new subparagraph (a) to read as follows:
"(a) (1) T-he Effective with members elected for terms beginning in 1995 or thereafter, the memrjers of the General Assembly shall be elected by the qualified electors of their respective districts for a term of two four years and shall serve until the time fixed for the convening of the next General Assembly.
(2) No member of the House of Representatives of the State of Georgia who has served three~consecutive full four-year terms of office which began on or after January 1, 1995, shall again be eligible to hold office as a member of the House of Representatives of the State of Georgia until after the expiration of four years from the conclusion of that person's last term of office.
(3) No member of the Senate of the State of Georgia who has served three consecutive full four-year terms of office which began on or after January 1, 1995, shall again be eligible to hold office as a member of the Senate of the State of Georgia until after the expiration of four years from the conclusion of that person's last term of office."
Section 2. Article III, Section IV, Paragraph I of the Constitution, relating to meeting, time limit, and adjournment of the General Assembly, is amended by striking subparagraph (a) of Paragraph I, which reads as follows:
"(a) The Senate and House of Representatives shall organize each odd-numbered year and shall be a different General Assembly for each two-year period. The General Assembly shall meet in regular session on the second Monday in January of each year, or otherwise as provided by law, and may continue in session for a period of no longer than 40 days in the aggregate each year. By concurrent resolution, the General Assembly may adjourn any regu lar session to such later date as it may fix for reconvening. Separate periods of adjournment may be fixed by one or more such concurrent resolutions.",
in its entirety and inserting in lieu thereof a new subparagraph (a) to read as follows:
"(a) The Senate and House of Representatives shall organize every four years beginning in 1995 and shall be a different General Assembly for each four-year period. The General Assembly shall meet in regular session on the second Monday in January of each year, or otherwise as provided by law, and may continue in session for a period of no longer than 40 days in the aggregate each year. By concurrent resolution, the General Assembly may ad journ any regular session to such later date as it may fix for reconvening. Separate periods of adjournment may be fixed by one or more such concurrent resolutions. Bills pending at the final adjournment of the regular session in each odd-numbered year shall be carried forward to the regular session in the following even-numbered year. Bills pending at the final adjournment of the regular session in the even-numbered years shall not be carried forward."
Section 3. Article IV, Section I, Paragraph I of the Constitution is amended by striking subparagraph (a) and inserting in its place a new subparagraph (a) to read as follows:
"(a) There shall be a Public Service Commission for the regulation of utilities which shall consist of five members who shall be elected by the people. The Commissioners in office on June 30, 1983, shall serve until December 31 after the general election at which the successor of each member is elected. Thereafter, all succeeding terms of members shall be for six years. No member who has served two consecutive full six-year terms of office which began on or after January 1, 1995, as a member of the Public Service Commission shall again be eligible to hold office as a member of that body until after the expiration of six years from the conclusion of that person's last term of office. Members shall serve until their successors are elected and qualified. A chairman shall be selected by the members of the commission from its membership."

TUESDAY, FEBRUARY 16, 1993

471

Section 4. Article V, Section I of the Constitution is amended by striking Paragraph III and inserting in its place a new Paragraph III to read as follows:

"Paragraph III. Lieutenant Governor. There shall be a Lieutenant Governor, who shall be elected at the same time, for the same term, and in the same manner as the Governor. A person who has served two consecutive full four-year terms of office which began on or after January 1, 1995, as Lieutenant Governor shall not again be eligible to hold such office until after the expiration of four years from the conclusion of that person's last term of office. The Lieutenant Governor shall be the President of the Senate and shall have such executive duties as prescribed by the Governor and as may be prescribed by law not inconsistent with the powers of the Governor or other provisions of this Constitution. The compensation and allowances of the Lieutenant Governor shall be as provided by law."

Section 5. Article V, Section III of the Constitution is amended by striking Paragraph I and inserting in its place a new Paragraph I to read as follows:

"Paragraph I. Other executive officers, how elected. The Secretary of State, Attorney General, State School Superintendent, Commissioner of Insurance, Commissioner of Agri culture, and Commissioner of Labor shall be elected in the manner prescribed for the elec tion of members of the General Assembly and the electors shall be the same. Such executive officers shall be elected at the same time and hold their offices for the same term as the Governor. No person who has served two consecutive full four-year terms of office which began on or after January 1, 1995, as Secretary of State, Attorney General, State School Superintendent, Commissioner of Insurance, Commissioner of Agriculture, or Commissioner of Labor shall again be eligible to hold the office in which that person last so served until after the expiration of four years from the conclusion of that person's last term of office."

Section 6. 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 limit members of the House of Representatives of the State of Georgia to serving three consecutive full four-year terms of office; to limit members of the Senate of the State of Georgia to serving three consecutive full four-year terms of office; to change the terms of office of members of the House of Representatives and Senate from two years to four years; to change certain provisions relating to the organization of the General Assembly; to limit the Lieutenant Governor, Secretary of State, Attorney General, State School Superintendent, Com missioner of Insurance, Commissioner of Agriculture, and Commissioner of Labor to serving two consecutive full four-year terms of office; and to limit members of the Public Service Commission to serving two consecutive full six-year terms of office?"

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 the Senate Special Judiciary Committee substitute to SR 5 by deleting from lines 9 through 11 of page 1 the following:
"to change the terms of office of members of the General Assembly; to change certain provisions relating to the organization of the General Assembly;"

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By striking from line 23 of page 1 the following: "twe four",
and inserting in lieu thereof the following: "two".

By striking from line 27 of page 1 the following: "three",
and inserting in lieu thereof the following: "six".

By striking from lines 1, 5, 9, and 12 of page 2 the following: "four",

and inserting in lieu thereof the following: "two".

By striking from line 8 of page 2 the following: "three",
and inserting in lieu thereof the following: "six".

By striking lines 15 through 31 of page 2 and lines 1 through 17 of page 3 in their entirety.

By striking lines 24 through 31 of page 5 and lines 1 and 2 of page 6 and inserting in lieu thereof the following:

"to serving six consecutive full two-year terms of office; to limit members of the Senate of the State of Georgia to serving six consecutive full two-year terms of office; to limit the".

By renumbering Sections 3 through 6 as Sections 2 through 5.

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

Those voting in the affirmative were Senators:

Alien Balfour Boshears Burton Clay

Day Edge Farrow Glanton Gochenour

Isakson Newbill Ragan of 32nd Ralston Slotin

Those voting in the negative were Senators:

Abernathy Baugh Blitch Bowen Broun of 46th Cheeks Coleman Crotts Dawkins Dean Egan

Garner Gillis Harbison Hemmer Henson Hill Hooks Huggins Kemp Langford of 35th Langford of 29th

Madden Marable Middleton Oliver Parrish Perdue Pollard Ragan of llth Ray Robinson Scott

TUESDAY, FEBRUARY 16, 1993

473

Starr Taylor

Thomas Thompson

Turner Walker

Not voting were Senators Brown of the 26th and Tysinger (excused).

On the adoption of the amendment, the yeas were 15, nays 39, and the amendment was lost.

On the adoption of the substitute, the yeas were 50, nays 3, and the substitute was adopted.

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

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

Those voting in the affirmative were Senators:

Alien Balfour Baugh Blitch Boshears Bowen Broun of 46th Cheeks Clay Coleman Crotts Dawkins Day Dean Edge Egan Farrow

Garner Glanton Gochenour Hemmer Henson Hill Hooks Huggins Isakson Kemp Langford of 29th Madden Marable Middleton Newbill Oliver

Those voting in the negative were Senators:

Parrish Perdue Pollard Ragan of llth Ragan of 32nd Ralston Ray Robinson Scott Slotin Starr Taylor Thomas Thompson Turner Walker

Abernathy Burton

Gillis Harbison

Langford of 35th

Not voting were Senators Brown of the 26th and Tysinger (excused).

On the adoption of the resolution, the yeas were 49, nays 5.

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

Senator Robinson of the 16th moved that the Senate do now adjourn until 9:15 o'clock A.M. tomorrow, and the motion prevailed.

At 12:25 o'clock P.M., the President announced the Senate adjourned until 9:15 o'clock A.M. tomorrow.

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Senate Chamber, Atlanta, Georgia Wednesday, February 17, 1993 Twentieth Legislative Day

The Senate met pursuant to adjournment a t 9:15 o'clock A.M. today and was called to order by the President.
Senator Huggins of the 53rd reported that the Journal of yesterday's proceedings had been read and found correct.
By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.
The following message was received from the House through Mr. Rivers, the Clerk thereot
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House:
HB 673. By Representative Streat of the 167th: A bill to reconstitute the Board of Education of Atkinson County and provide for its powers, duties, rights, obligations, and liabilities and subject it to certain constitutional and statutory provisions.
HB 688. By Representatives Cox of the 160th, Bates of the 179th and Royal of the 164th: A bill to amend an Act creating the State Court of Decatur County, so as to change the compensation provisions relating to the solicitor of said court.
HB 701. By Representatives Milam of the 130th, Epps of the 131st and Smith of the 102nd: A bill to amend an Act creating a new charter for the City of LaGrange, so as to provide for additional powers, duties, and authority of the mayor and council with respect to cable television systems and services.
HB 383. By Representatives Williams of the 114th and Padgett of the 119th: A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to revise and modernize extensively provisions relating to fraternal benefit societies.
HB 497. By Representatives Buck of the 135th and Floyd of the 138th: A bill to amend Article 2 of Chapter 17 of Title 47 of the Official Code of Georgia Annotated, relating to the administration and management of the assets of the Peace Officers' Annuity and Benefit Fund, so as to authorize the board of trustees of such fund to grant postretirement benefit increases when actuarially feasible.
HB 502. By Representatives Buck of the 135th, Powell of the 23rd, Carrel1 of the 87th, Coleman of the 142nd, Lee of the 94th and others: A bill to amend Chapter 16 of Title 47 of the Official Code of Georgia Annotated, relating to the Sheriffs' Retirement Fund of Georgia, so as to authorize the board of trustees of such fund to grant postretirement benefit increases.

WEDNESDAY, FEBRUARY 17, 1993

475

HB 173. By Representatives Pelote of the 149th, Lane of the 55th, Smith of the 12th, Johnson of the 153rd, Mobley of the 86th 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 prohibit certain price in creases for certain goods when there is a declared state of emergency.
HB 484. By Representatives Williams of the 114th, Padgett of the 119th, Connell of the 115th, Shipp of the 38th and Towery of the 30th:
A bill to amend Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, so as to provide that, with respect to life insur ance policies provided by certain corporations or trusts, the term employee shall include directors, officers, employees, retired employees, and dependents of such persons; to amend Code Section 33-27-3 of the Official Code of Georgia Anno tated, relating to required provisions of group life insurance policies.
HB 149. By Representatives Chambless of the 163rd, Thomas of the 100th and Hammond of the 32nd:
A bill to amend Title 14 of the Official Code of Georgia Annotated, relating to corporations, partnerships, and associations, so as to change certain definitions relating to corporations; to add a definition of the term "treasury shares".
HB 284. By Representatives Chambless of the 163rd, Thomas of the 100th, Cauthorn of the 35th, Davis of the 60th and Poston of the 3rd:
A bill to amend Article 2 of Chapter 12 of Title 17 of the Official Code of Georgia Annotated, relating to state funded local indigent defense programs, so as to pro vide that under certain circumstances the Georgia Indigent Defense Council may develop and administer a program for indigent defense.
HB 335. By Representative Randall of the 127th:
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 home care operators from making certain representations re garding services.
HB 30. By Representative Parham of the 122nd:
A bill to amend Code Section 42-4-7 of the Official Code of Georgia Annotated, relating to maintenance of inmate records by the sheriff and good-time al lowances, so as to change the provisions relating to the inmate records main tained by the sheriff and the inspection of such records.
HB 374. By Representatives Parham of the 122nd, Atkins of the 29th, Twiggs of the 8th and Parrish of the 144th:
A bill to amend Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, so as to exempt certain anabolic steroids from classification as Schedule III controlled substances; to change the listings of Schedule IV and V controlled substances.
HB 69. By Representatives Holland of the 157th, Epps of the 131st and Jenkins of the 110th:
A bill to amend Chapter 9 of Title 33 of the Official Code of Georgia Annotated, relating to regulation of rule making, rates, and related matters relative to insur ance, so as to provide that no insurer shall surcharge the premium or rate charged on a policy of motor vehicle insurance for accidents involving a firefighter or emergency medical technician while on duty.

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HB 569. By Representatives Murphy of the 18th, Walker of the 141st, Childers of the 13th, Lee of the 94th, Connell of the 115th and others:
A bill to amend Chapter 8 of Title 31 of the Official Code of Georgia Annotated, relating to indigent and elderly patients, so as to change a definition relating to the Indigent Care Trust Fund; to provide for crediting to the fund of amounts dedicated or transferred thereto.
HB 493. By Representatives Bailey of the 93rd, Benefield of the 96th, Lee of the 94th, Johnson of the 97th and Buckner of the 95th:
A bill to amend Code Section 48-5-292 of the Official Code of Georgia Annotated, relating to the ineligibility of members of the county board of tax assessors to hold other offices, so as to provide that such members shall not be eligible to hold simultaneously any county property appraisal staff position.
HB 116. By Representatives Harris of the 112th, Parham of the 122nd and Powell of the 23rd:
A bill to amend Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of vehicles, so as to provide for issuance of special license plates to motor vehicle distributors.
HB 520. By Representatives Ray of the 128th, Murphy of the 18th, Parham of the 122nd, Watson of the 139th and Burkhalter of the 41st:
A bill to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates, so as to change certain definitions; to provide that antique and hobby or special interest vehicles may be operated without restrictions or limitations; 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 exempt antique and hobby or special interest motor vehicles from excessive ad valorem taxes.
HB 463. By Representatives McBee of the 88th, Buck of the 135th, Heard of the 89th, Scoggins of the 24th and Walker of the 141st:
A bill to amend Code Section 20-5-2 of the Official Code of Georgia Annotated, relating to powers and duties of the State Board of Education and transfer of functions of State Library Commission, so as to provide that the director of the University of Georgia Libraries shall be responsible for acquiring, cataloging, and distributing state public documents.
HB 94. By Representatives Ray of the 128th, Snow of the 2nd, Carrell of the 87th and Bates of the 179th:
A bill to amend Part 2 of Article 10 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to handicapped parking, so as to change certain penalties for violations of the handicapped parking laws.
HB 516. By Representatives Smith of the 174th and Byrd of the 170th:
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 of irri gation contractors and for requirements and qualifications relative thereto.

WEDNESDAY, FEBRUARY 17, 1993

477

HB 292. By Representatives Porter of the 143rd, Jamieson of the 22nd and Poston of the 3rd:
A bill to amend Code Section 40-2-75 of the Official Code of Georgia Annotated, relating to special license plates for amateur radio operators, so as to provide for such radio operators to receive one free special license plate.
HB 568. By Representatives Lucas of the 124th, Groover of the 125th, Walker of the 141st and Snow of the 2nd:
A bill to amend Chapter 33 of Title 33 of the Official Code of Georgia Annotated, relating to fair access to insurance requirements, so as to authorize the provision of temporary insurance coverage to local public entities during the pendency of appeals from adverse underwriting decisions.
The House has adopted by the requisite constitutional majority the following resolution of the House:
HR 167. By Representatives Padgett of the 119th, Connell of the 115th and Brown of the 117th:
A resolution authorizing the leasing of certain real property owned by the State of Georgia in Richmond County, Georgia.
The following bills of the Senate were introduced, read the first time and referred to committees:
SB 271. By Senators Gillis of the 20th, Oliver of the 42nd and Hill of the 4th:
A bill to amend Chapter 13 of Title 45 of the Official Code of Georgia Annotated, relating to the Secretary of State, so as to provide for a Georgia Historical Records Advisory Board; to provide for duties and responsibilities; to provide for membership and composition; to provide for filling vacancies; to provide for meetings; to provide authority to accept and use gifts, grants, and donations; to provide authority to make grants. Referred to Committee on Natural Resources.
SB 272. By Senators Gillis of the 20th, Turner of the 8th, Ragan of the llth and Hill of the 4th:
A bill to amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to require a license for saltwater recreational fishing; to de fine certain terms; to provide for fees and for the sale of such licenses; to provide for reciprocity; to provide for exemptions; to provide for honorary licenses; to provide for the maintenance of certain information by charter fishing operators and the submission of such information to the Department of Natural Resources. Referred to Committee on Natural Resources.
SB 273. By Senators Pollard of the 24th and Ray of the 19th:
A bill to amend Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, so as to provide that no municipal inmate shall be deemed to be an employee for purposes of obtaining workers' compensa tion benefits; to provide an effective date. Referred to Committee on Insurance and Labor.
SB 274. By Senators Glanton of the 34th, Gochenour of the 27th, Balfour of the 9th and others:
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

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"Quality Basic Education Act," so as to provide that a custodial parent or legal guardian shall be informed of the parent's right of access to course materials and the right to prohibit the child from receiving such course of study; to provide procedures under which a parent or legal guardian may review and copy course materials.
Referred to Committee on Education.
SB 275. By Senators Gillis of the 20th, Hill of the 4th and Perdue of the 18th:
A bill to amend Article 2 of Chapter 7 of Title 16 of the Official Code of Georgia Annotated, relating to criminal trespass and damage to property, so as to provide a short title; to define certain terms; to proscribe the dumping of waste in certain places; to provide penalties; to provide for applicability.
Referred to Committee on Natural Resources.
SB 276. By Senators Boshears of the 6th, Kemp of the 3rd and Blitch of the 7th:
A bill to amend Article 2 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, known as the "Georgia Water Quality Control Act," so as to provide that no person shall store, discharge, or dispose of sludge without the approval of the Environmental Protection Division; to provide that no person shall store, dis charge, or dispose of certain sludge in a county other than the county in which the sludge is generated unless the governing authority of the receiving county provides approval.
Referred to Committee on Natural Resources.
SB 277. By Senators Boshears of the 6th, Kemp of the 3rd, Cheeks of the 23rd and Blitch of the 7th:
A bill to amend Code Section 19-6-19, relating to revision of judgment for perma nent alimony or child support, generally, when such revision is authorized, peti tion and hearing, cohabitation with third party as ground for revision, attorney's fees, and temporary modification pending final trial, so as to change the provi sion relating to cohabitation as grounds for revision.
Referred to Committee on Special Judiciary.
SB 278. By Senators Scott of the 36th and Henson of the 55th:
A bill to amend the "Metropolitan Atlanta Rapid Transit Authority Act of 1965," as amended, so as to exclude certain nonrecurring costs from the defini tion of "operating costs of the system" for the purposes of the limitations on the use of tax revenues to pay such costs; to provide an effective date.
Referred to Committee on Urban and County Affairs (General).
SB 279. By Senators Bowen of the 13th and Pollard of the 24th:
A bill to amend Code Section 35-8-20.1 of the Official Code of Georgia Anno tated, relating to training for police chiefs and department heads appointed after a certain date, so as to increase the training requirements for police chiefs and department heads appointed after December 31, 1992, to 60 hours of law enforce ment chief executive training; to provide an effective date.
Referred to Committee on Public Safety.

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479

The following bills and resolution of the House were read the first time and referred to committees:
HB 30. By Representative Parham of the 122nd:
A bill to amend Code Section 42-4-7 of the Official Code of Georgia Annotated, relating to maintenance of inmate records by the sheriff and good-time al lowances, so as to change the provisions relating to the inmate records main tained by the sheriff and the inspection of such records.
Referred to Committee on Corrections.
HB 69. By Representatives Holland of the 157th, Epps of the 131st and Jenkins of the 110th:
A bill to amend Chapter 9 of Title 33 of the Official Code of Georgia Annotated, relating to regulation of rule making, rates, and related matters relative to insur ance, so as to provide that no insurer shall surcharge the premium or rate charged on a policy of motor vehicle insurance for accidents involving a firefighter or emergency medical technician while on duty.
Referred to Committee on Insurance and Labor.
HB 94. By Representatives Ray of the 128th, Snow of the 2nd, Carrell of the 87th and Bates of the 179th:
A bill to amend Part 2 of Article 10 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to handicapped parking, so as to change certain penalties for violations of the handicapped parking laws.
Referred to Committee on Youth, Aging and Human Ecology.
HB 116. By Representatives Harris of the 112th, Parham of the 122nd and Powell of the 23rd:
A bill to amend Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of vehicles, so as to provide for issuance of special license plates to motor vehicle distributors.
Referred to Committee on Transportation.
HB 149. By Representatives Chambless of the 163rd, Thomas of the 100th and Hammond of the 32nd:
A bill to amend Title 14 of the Official Code of Georgia Annotated, relating to corporations, partnerships, and associations, so as to change certain definitions relating to corporations; to add a definition of the term "treasury shares".
Referred to Committee on Special Judiciary.
HB 173. By Representatives Pelote of the 149th, Lane of the 55th, Smith of the 12th 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 prohibit certain price in creases for certain goods when there is a declared state of emergency.
Referred to Committee on Science, Technology, and Industry.

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HB 284. By Representatives Chambless of the 163rd, Thomas of the 100th, Cauthorn of the 35th and others:
A bill to amend Article 2 of Chapter 12 of Title 17 of the Official Code of Georgia Annotated, relating to state funded local indigent defense programs, so as to pro vide that under certain circumstances the Georgia Indigent Defense Council may develop and administer a program for indigent defense. Referred to Committee on Judiciary.
HB 292. By Representatives Porter of the 143rd, Jamieson of the 22nd and Poston of the 3rd:
A bill to amend Code Section 40-2-75 of the Official Code of Georgia Annotated, relating to special license plates for amateur radio operators, so as to provide for such radio operators to receive one free special license plate. Referred to Committee on Science, Technology, and Industry.
HB 335. By Representative Randall of the 127th:
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 home care operators from making certain representations re garding services. Referred to Committee on Health and Human Services.
HB 374. By Representatives Parham of the 122nd, Atkins of the 29th, Twiggs of the 8th and Parrish of the 144th:
A bill to amend Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, so as to exempt certain anabolic steroids from classification as Schedule III controlled substances; to change the listings of Schedule IV and V controlled substances. Referred to Committee on Special Judiciary.
HB 383. By Representatives Williams of the 114th and Padgett of the 119th:
A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to revise and modernize extensively provisions relating to frater nal benefit societies. Referred to Committee on Insurance and Labor.
HB 463. By Representatives McBee of the 88th, Buck of the 135th, Heard of the 89th and others:
A bill to amend Code Section 20-5-2 of the Official Code of Georgia Annotated, relating to powers and duties of the State Board of Education and transfer of functions of State Library Commission, so as to provide that the director of the University of Georgia Libraries shall be responsible for acquiring, cataloging, and distributing state public documents. Referred to Committee on Higher Education.
HB 484. By Representatives Williams of the 114th, Padgett of the 119th, Connell of the 115th 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 that, with respect to life insurance policies provided by certain corporations or trusts, the term employee shall include directors, officers, employees, retired employees, and dependents of such

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481

persons; to amend Code Section 33-27-3 of the Official Code of Georgia Anno tated, relating to required provisions of group life insurance policies. Referred to Committee on Insurance and Labor.
HB 493. By Representatives Bailey of the 93rd, Benefield of the 96th, Lee of the 94th and others:
A bill to amend Code Section 48-5-292 of the Official Code of Georgia Annotated, relating to the ineligibility of members of the county board of tax assessors to hold other offices, so as to provide that such members shall not be eligible to hold simultaneously any county property appraisal staff position. Referred to Committee on Urban and County Affairs (General).
HB 497. By Representatives Buck of the 135th and Floyd of the 138th:
A bill to amend Article 2 of Chapter 17 of Title 47 of the Official Code of Georgia Annotated, relating to the administration and management of the assets of the Peace Officers' Annuity and Benefit Fund, so as to authorize the board of trust ees of such fund to grant postretirement benefit increases when actuarially feasible. Referred to Committee on Retirement.
HB 502. By Representatives Buck of the 135th, Powell of the 23rd, Carrell of the 87th and others:
A bill to amend Chapter 16 of Title 47 of the Official Code of Georgia Annotated, relating to the Sheriffs' Retirement Fund of Georgia, so as to authorize the board of trustees of such fund to grant postretirement benefit increases. Referred to Committee on Retirement.
HB 516. By Representatives Smith of the 174th and Byrd of the 170th:
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 of irri gation contractors and for requirements and qualifications relative thereto. Referred to Committee on Science, Technology, and Industry.
HB 520. By Representatives Ray of the 128th, Murphy of the 18th, Parham of the 122nd and Watson of the 139th:
A bill to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates, so as to change certain definitions; to provide that antique and hobby or special interest vehicles may be operated without restrictions or limitations; 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 exempt antique and hobby or special interest motor vehicles from excessive ad valorem taxes. Referred to Committee on Finance and Public Utilities.
HB 568. By Representatives Lucas of the 124th, Groover of the 125th, Walker of the 141st and Snow of the 2nd:
A bill to amend Chapter 33 of Title 33 of the Official Code of Georgia Annotated, relating to fair access to insurance requirements, so as to authorize the provision of temporary insurance coverage to local public entities during the pendency of appeals from adverse underwriting decisions. Referred to Committee on Insurance and Labor.

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HB 569. By Representatives Murphy of the 18th, Walker of the 141st, Childers of the 13th and others:
A bill to amend Chapter 8 of Title 31 of the Official Code of Georgia Annotated, relating to indigent and elderly patients, so as to change a definition relating to the Indigent Care Trust Fund; to provide for crediting to the fund of amounts dedicated or transferred thereto. Referred to Committee on Health and Human Services.
HB 673. By Representative Streat of the 167th:
A bill to reconstitute the Board of Education of Atkinson County and provide for its powers, duties, rights, obligations, and liabilities and subject it to certain con stitutional and statutory provisions. Referred to Committee on Urban and County Affairs.
HB 688. By Representatives Cox of the 160th, Bates of the 179th and Royal of the 164th:
A bill to amend an Act creating the State Court of Decatur County, so as to change the compensation provisions relating to the solicitor of said court. Referred to Committee on Urban and County Affairs.
HB 701. By Representatives Milam of the 130th, Epps of the 131st and Smith of the 102nd:
A bill to amend an Act creating a new charter for the City of LaGrange, so as to provide for additional powers, duties, and authority of the mayor and council with respect to cable television systems and services. Referred to Committee on Urban and County Affairs.
HR 167. By Representatives Padgett of the 119th, Connell of the 115th and Brown of the 117th:
A resolution authorizing the leasing of certain real property owned by the State of Georgia in Richmond County, Georgia. Referred to Committee on Finance and Public Utilities.
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 124. Do pass by substitute. HB 360. Do pass.
Respectfully submitted,
Senator Ragan of the llth District, Chairman
Mr. President:

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

SB 5. Do pass.

SB 188. Do pass.

SB 8. Do pass as amended.

SR 9. Do pass.

Respectfully submitted,

Senator Dawkins of the 45th District, Chairman

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483

Mr. President:

The Committee on Banking and Financial Institutions has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SB 105. Do pass by substitute.
Respectfully submitted,
Senator Turner of the 8th District, Chairman

Mr. President:

The Committee on Insurance and Labor has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the follow ing recommendation:
SB 210. Do pass.
Respectfully submitted,
Senator Pollard of the 24th District, Chairman

Mr. President:

The Committee on Judiciary has had under consideration the following bills of the Sen ate and House and has instructed me to report the same back to the Senate with the follow ing recommendations:

SB 156. Do pass by substitute. SB 171. Do pass. SB 172. Do pass.

SB 173. SB 247. HB 145.

Do pass. Do pass. Do pass as amended.

Respectfully submitted,

Senator Oliver of the 42nd District, Chairman

Mr. President:

The Committee on Natural Resources has had under consideration the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:
SB 200. Do pass by substitute. HB 195. Do pass. HB 224. Do pass.
Respectfully submitted,
Senator Gillis of the 20th District, Chairman

Mr. President:

The Committee on Retirement has had under consideration the following bills of the Senate and has instructed me to report the same back to the Senate with the following recommendations:
SB 83. Do pass by substitute.

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SB 142. Do pass by substitute. Respectfully submitted, Senator Huggins of the 53rd District, Chairman

Mr. President:

The Committee on Rules has had under consideration the following resolutions of the Senate and has instructed me to report the same back to the Senate with the following recommendations:
SR 165. Do pass. SR 166. Do pass.
Respectfully submitted,
Senator Hooks of the 14th District, Chairman

Mr. President:

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

SB 121. Do pass.

SB 165. Do pass.

SB 122. Do pass.

SB 223. Do pass.

Respectfully submitted,

Senator Egan of the 40th District, Chairman

Mr. President:

The Committee on Special Judiciary has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SB 214. Do pass as amended.
Respectfully submitted,
Senator Egan of the 40th 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 550. HB 595. HB 614.

Do pass. Do pass. Do pass.

HB 619. Do pass. HB 636. Do pass.

Respectfully submitted,

Senator Thompson of the 33rd District, Chairman

Mr. President:

The Committee on Urban and County Affairs has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the

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485

following recommendation: SB 166. Do pass.

Respectfully submitted, Senator Thompson of the 33rd District, Chairman

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

SB 20. By Senators Walker of the 22nd and Thomas of the 10th:
A bill to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to repeal Chapter 11A, relating to dietitians and dietetic counselors; to provide for a new Chapter 11A to be entitled the "Dietet ics Practice Act"; to provide for a short title; to provide a purpose; to provide for definitions; to provide for the creation of a board of examiners.

SB 47. By Senator Walker of the 22nd:
A bill to amend Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, so as to prohibit certain motor vehicle insurers and insurance policies from requiring the use of certain companies or locations for glass replacement or repair services or products insured by such policies; to prohibit certain acts in furtherance of the prohibition.

SB 48. By Senator Walker of the 22nd:
A bill to amend Chapter 39 of Title 43 of the Official Code of Georgia Annotated, relating to psychologists, so as to change a definition; to change certain provi sions relating to the practice of psychology without a license; to change a penalty provision; to amend Code Section 43-34-26 of the Official Code of Georgia Anno tated, relating to practicing medicine without a license, so as to include a refer ence to psychology.

SB 100. By Senators Broun of the 46th and Tysinger of the 41st:
A bill to amend Code Section 50-27-13 of the Official Code of Georgia Annotated, relating to the disposition of lottery proceeds, so as to restrict the appropriation of lottery proceeds from the Lottery for Education Account under certain condi tions based on other appropriations for education.

SB 141. By Senators Henson of the 55th and Robinson of the 16th:
A bill to amend Code Section 48-9-3 of the Official Code of Georgia Annotated, relating to the levy of excise tax on distributors who sell or use motor fuel and related matters, so as to provide a gallon equivalent for compressed petroleum gas.

HB 137. By Representative Royal of the 164th:
A bill to amend Code Section 36-81-7 of the Official Code of Georgia Annotated, relating to audits of the financial affairs and transactions of certain local govern ments, so as to change the expenditure level with respect to the requirement of such audits.

HB 242. By Representatives Chambless of the 163rd and Watson of the 139th:
A bill to amend Code Section 46-1-1 of the Official Code of Georgia Annotated, relating to definitions of terms used in Title 46 of the Official Code of Georgia Annotated, so as to exclude ambulances from the definition of the term "motor common carrier and motor contract carrier".

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JOURNAL OF THE SENATE

HB 300. By Representatives Godbee of the 145th, White of the 161st and Taylor of the 134th:
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 statutorily imple ment certain changes required by Article VIII, Section V of the Constitution which provides for elected boards of education and appointed school superin tendents; to amend Code Section 21-5-3 of the Official Code of Georgia Anno tated, relating to definitions in Chapter 5 of Title 21, the "Ethics in Government Act," so as to delete certain references to elected school superintendents.
SR 147. By Senators Perdue of the 18th and Turner of the 8th:
A resolution urging the United States Congress and the United States Depart ment of Education to implement rules governing the student loan program.
SR 153. By Senator Starr of the 44th:
A resolution authorizing the State Properties Commission, acting for and on be half of the State of Georgia, the Secretary of State, and its Department of Archives and History, to enter into a rental agreement, as that term is defined in paragraph (9) of Code Section 50-16-31 of the Official Code of Georgia Anno tated, concerning certain state owned improved real property located within the City of Atlanta, Fulton County, Georgia, and known as Rhodes Memorial Hall, with The Georgia Trust For Historic Preservation, Inc.
The President called for the morning roll call, and the following Senators answered to their names:

Balfour Baugh Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cheeks Clay Coleman Dean
Edge
Egan
Farrow Garner

Glanton Gochenour Harbison Hemmer Hil1 Hooks Huggins Isakson Kemp Langford of 35th Langford of 29th Madden
Marable
Middleton
Newbill Oliver

Parrish Perdue Pollard Ragan of llth Ragan of 32nd Ralston D 0 ^ott lotm btarr Taylor
Thomas
Thompson
Turner Tysinger

Those not answering were Senators:

Abernathy Alien Crotts

Dawkins Day Gillis

Henson Robinson Walker

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

Senator Gochenour of the 27th introduced the chaplain of the day, Dr. Kenneth Keene, pastor of Tabernacle Baptist Church, Macon, Georgia, who offered scripture reading and prayer.

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487

Senators Turner of the 8th and Ragan of the llth introduced James A. Bridges, Presi dent of Valdosta Technical Institute, who, having been commended by SR 98, adopted pre viously, briefly addressed the Senate.
The following resolutions of the Senate were read and adopted:
SR 52. By Senator Marable of the 52nd: A resolution commending the Georgia School for the Deaf, its football team, coaches, and staff.
SR 178. By Senator Broun of the 46th: A resolution commending the 1992 Clarke Central High School football team.
SR 179. By Senators Ragan of the llth and Turner of the 8th: A resolution commending Marguerite Neel Williams.
SR 181. By Senators Newbill of the 56th, Ralston of the 51st and Clay of the 37th: A resolution commending the Cherokee County PTA.
SR 182. By Senators Newbill of the 56th, Balfour of the 9th, Day of the 48th and others: A resolution commending the Gwinnett County PTA.
Senator Thompson of the 33rd moved that the following resolution of the House be withdrawn from the Senate Committee on Rules and committed to the Senate Committee on Urban and County Affairs (General):
HR 118. By Representative Lane of the 55th: A resolution creating the Joint Boundaries of Regional Development Centers Study Committee.
On the motion, the yeas were 35, nays 0; the motion prevailed, and HR 118 was with drawn from the Senate Committee on Rules and committed to the Senate Committee on Urban and County Affairs (General).
The following local, uncontested bills of the House, favorably reported by the commit tee as listed on the Senate Local Consent Calendar, were put upon their passage:
SENATE LOCAL CONSENT CALENDAR Wednesday, February 17, 1993
TWENTIETH LEGISLATIVE DAY (The names listed with each bill are the Senators whose districts are affected by the legislation.)
HB 550 Boshears, 6th CITY OF ALMA Creates a new charter for the City of Alma; continues mayor in office and certain members of the city council; provides for expiration of terms.
HB 595 Gillis, 20th Brown, 26th WILKINSON COUNTY Creates the Board of Commissioners of Wilkinson County, changes the com position of the commissioner districts.

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JOURNAL OF THE SENATE

HB 614 Turner, 8th MILLER COUNTY
Repeals an Act providing that vehicles shall be registered and licensed to operate for the ensuing calendar year and during the designated registration periods.

HB 619 Huggins, 53rd CITY OP CHICKAMAUGA
Creates a charter for the City of Chickamauga; provides for an elected board of education for the city.

HB 636 Starr, 44th Thomas, 10th Glanton, 34th CLAYTON COUNTY
Establishes the "Clayton County Commission on Children and Youth"; changes the date for the commission's annual report; changes date of com mission's abolition.

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:

Balfour Blitch Boshears
Bowen Broun of 46th Brown of 26th Br,urto, n C1VyJQccKS
Coleman Day Dean Edge Farrow Garner Gillis

Glanton Gochenour Harbison
Hemmer Henson Hm uHooki s THTuggm s
Isakson Langford of 35th Langford of 29th Madden Marable Middleton Newbill

Parrish Perdue Pollard
Ragan of llth Ragan of 32nd Ralgton RD ay nSilojt.m-
Starr Taylor Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Abernathy Alien Baugh Crotts

Dawkins Egan Kemp

Oliver Robinson Scott

On the passage of all the local bills, the yeas were 46, nays 0.

All the bills on the Senate Local Consent Calendar, having received the requisite consti tutional majority, were passed.

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489

Senator Harbison of the 15th moved that Senator Crotts of the 17th be excused from the Senate today due to his wife's illness.
On the motion, the yeas were 40, nays 0; the motion prevailed, and Senator Crotts of the 17th was excused from the Senate today.
Senator Brown of the 26th introduced the doctor of the day, Dr. Cyler Garner, of Gordon, Georgia.
SENATE RULES CALENDAR
Wednesday, February 17, 1993
TWENTIETH LEGISLATIVE DAY
SB 135 Asbestos Licensing Board--require 24 hours of training (Nat R--43rd) SR 127 Chatham County--conveyance of state property for thoroughfare (F&PU--1st) SB 128 Vehicle Front Seat Passenger--prohibit open container of alcoholic beverage
(Substitute) (Judy--49th) SB 191 Historic Chattahoochee Commission--member selection (Nat R--12th) SR 8 Capital Outlay for Education Task Force--create (Substitute) (Ed--36th) SB 129 Agency Subject to Administrative Procedure Act--prepare synopsis of rules
(Gov Op--22nd) SB 119 Driving Under The Influence--third conviction published (S Judy--28th) HB 142 Hospital Financing Authority Act--repeal (Substitute) (F&PU--44th) SB 133 Life Insurance Policy Provided by Corporations--define "employee" (Substitute)
(I&L-- 19th) SB 35 Absentee Ballots--count, tabulate by closing of polls (Substitute) (Gov Op--2nd) SB 154 Pharmacists--privileged nature of medical information, certain patients
(Judy-- 47th) SB 64 Pardons and Paroles Board--release information on votes taken (S Judy--37th) SB 113 Evidence Seized--certain search, seizure with warrant not illegal (S Judy--40th) SB 145 Coastal Area Games Authority Act--provide (Substitute) (U&CA G--1st)
Respectfully submitted, /s/ George Hooks of the 14th, Chairman
Senate Rules Committee
The following general bill of the Senate, having been read the third time on February 12 and lost, reconsidered on February 15, and placed on the Senate Rules Calendar for today, was put upon its passage:
SB 135. By Senator Parrish of the 43rd: A bill to amend Code Section 12-12-7 of the Official Code of Georgia Annotated, relating to the powers and duties of the Asbestos Licensing Board, so as to provide that such board shall have the authority to require up to 24 hours of train ing for certain persons working with asbestos and to certify such persons.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

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JOURNAL OF THE SENATE

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

Those voting in the affirmative were Senators:

Abernathy Balfour Baugh Blitch Boshears Bowen Broun of 46th Brown of 26th Burton
PohnocoelKraB
Clay Coleman Day Dean Edge Egan Farrow Garner

Gillis Glanton Gochenour Harbison Hemmer Henson Hill Hooks Huggins Isakson Kemp Langford of 35th Langford of 29th Madden Marable Middleton Newbill

Oliver Parrish Perdue Pollard Ragan of llth Ragan of 32nd Ralston Ray Scott Slotin Starr Taylor Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Alien Crotts (excused)

Dawkins

Robinson

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

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

Senator Garner of the 30th moved that Senator Robinson of the 16th be excused from the Senate today due to illness.

On the motion, the yeas were 39, nays 0; the motion prevailed, and Senator Robinson of the 16th was excused from the Senate today.

Senator Edge of the 28th moved that Senator Tysinger of the 41st be excused from the Senate today due to illness.

On the motion, the yeas were 41, nays 0; the motion prevailed, and Senator Tysinger of the 41st was excused from the Senate today.

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

SR 127. By Senators Coleman of the 1st and Alien of the 2nd:
A resolution authorizing the conveyance of certain state property and the grant ing of certain nonexclusive easements for operation and maintenance of a thor oughfare and for other purposes in, on, over, under, upon, across, or through property owned by the State of Georgia in Chatham County, Georgia; to provide an effective date.

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

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491

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

Those voting in the affirmative were Senators:

Abernathy Balfour Baugh Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cheeks Clay Coleman Day Dean Edge Egan Farrow

Garner Gillis Glanton Gochenour Harbison Hemmer Henson Hill Hooks Huggins Isakson Kemp Langford of 35th Langford of 29th Madden Marable Middleton

Newbill Oliver Parrish Perdue Pollard Ragan of llth Ragan of 32nd Ralston Ray Scott Slotin Starr Taylor Thomas Thompson Turner Walker

Those not voting were Senators:

Alien Crotts (excused)

Dawkins Robinson (excused)

Tysinger (excused)

On the adoption of the resolution, the yeas were 51, nays 0.

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

SB 128. By Senators Hemmer of the 49th, Oliver of the 42nd, Marable of the 52nd and others:
A bill to amend Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to uniform rules of the road, so as to prohibit any passenger in the front seat of a motor vehicle from possessing an open container of any alcoholic beverage.
The Senate Committee on Judiciary offered the following substitute to SB 128:
A BILL
To be entitled an Act to amend Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to uniform rules of the road, so as to prohibit any passenger in the front seat of a motor vehicle from possessing an open container of any alcoholic beverage; to re peal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to uniform rules of the road, is amended by striking Code Section 40-6-253, relating to posses sion of an open container of an alcoholic beverage while operating a vehicle, in its entirety and inserting in lieu thereof the following:
"40-6-253. (a) As used in this Code section, 'open container' means any container which is immediately capable of being consumed from or the seal of which has been broken.
(b) No person shall possess an open container of any alcoholic beverage while operating a vehicle or while riding as a passenger in the front seat of any vehicle in this state. For the purposes of this Code section, an open container shall be considered to be in the possession of the operator or a passenger riding in the front seat of a vehicle if the container is not in the possession of a passenger and other than a passenger who is riding in the front seat of

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such vehicle or is not located in a locked glove compartment, locked trunk, or other locked nonpassenger area of the vehicle.
(c) Any person who violates this Code section is subject to a fine not to exceed $200.00.
(d) A county or municipal corporation ordinance which imposes more stringent restric tions on the possession of alcoholic beverages in vehicles than those imposed by this Code section shall not be preempted by this Code section."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

Senators Clay of the 37th and Newbill of the 56th offered the following amendment:

Amend the substitute to SB 128 offered by the Senate Committee on Judiciary by de leting on line 20, page 1, the words, "the front seat of; deleting on line 23, page 1, the words, "riding in the front seat"; deleting on lines 25 and 26, page 1, the words, "other than a passenger who is riding in the front seat"; and deleting on line 3, page 1, the words, "in the front seat of.

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:

Abernathy Alien Balfour Baugh Boshears BrBC,rhuoerwte. oknns of 26th
Clay Coleman Day Edge Egan Farrow

Garner Glanton Gochenour Hemmer Henson HTHHTouilogl kgi sins
Isakson Langford of 35th Langford of 29th Madden Marable Middleton

Newbill Oliver Parrish Perdue Pollard KRDnaalfesa.tnonore A,,,,2na,
Rav Scott Slotin Starr Taylor Thompson

Those voting in the negative were Senators:

Blitch Bowen Broun of 46th Dawkins

Dean Gillis Harbison Kemp

Ragan of llth Thomas Turner Walker

Those not voting were Senators:

Crotts (excused)

Robinson (excused)

Tysinger (excused)

On the adoption of the amendment, the yeas were 41, nays 12, and the amendment was adopted.

On the adoption of the substitute, the yeas were 44, nays 0, and the substitute was adopted as amended.

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

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493

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

Those voting in the affirmative were Senators:

Abernathy Alien Balfour Baugh Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cheeks Clay Coleman Day Dean Edge Egan

Farrow Garner Gillis Glanton Gochenour Harbison Hemmer Henson Hill Hooks Huggins Isakson Kemp Langford of 29th Madden Marable Middleton

Newbill Oliver Parrish Perdue Pollard Ragan of llth Ragan of 32nd Ralston Ray Scott Slotin Starr Taylor Thomas Thompson Turner Walker

Voting in the negative was Senator Dawkins.

Those not voting were Senators:

Crotts (excused) Langford of 35th

Robinson (excused)

Tysinger (excused)

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

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

SB 191. By Senators Taylor of the 12th, Turner of the 8th and Ragan of the llth:
A bill to amend Article 5 of Chapter 10 of Title 12 of the Official Code of Georgia Annotated, known as the "Historic Chattahoochee Compact Act," so as to change the method of selection of members of the commission; to change the criteria for selecting voting members in certain circumstances; to clarify the distinctions be tween members and voting members.

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

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

Those voting in the affirmative were Senators:

Abernathy Alien Balfour Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cheeks

Clay Coleman Dawkins Day Dean Edge Egan Farrow Gillis Gochenour

Harbison Hemmer Henson Hill Hooks Huggins Langford of 35th Langford of 29th Madden Marable

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Middleton Newbill POalirvreisrh
Perdue
Pollard

Ragan of llth Ragan of 32nd RRaaylston
Scott
Slotin

Starr Taylor ,,T,hompson
Turner
Walker

Those not voting were Senators:

Baugh Crotts (excused) Garner

Glanton Isakson Kemp

Robinson (excused) Thomas Tysinger (excused)

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

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

SR 8. By Senators Scott of the 36th and Oliver of the 42nd: A resolution creating the Capital Outlay for Education Task Force.

The Senate Committee on Education offered the following substitute to SR 8:

A RESOLUTION
Creating the Capital Outlay for Education Task Force; and for other purposes.
WHEREAS, the State of Georgia is committed to the construction of school facilities designed to house every public school student in a facility which is structurally sound and well maintained and which has adequate space and equipment to meet each student's in structional needs; and
WHEREAS, the State of Georgia is committed to pursuing the National Educational Goals and educational excellence; and
WHEREAS, it is essential that a school facility reflect the educational needs of the students rather than serve to limit the types of educational programs which may be adopted; and
WHEREAS, it is recognized that the needs of the community where the school is lo cated must be considered in the type of construction program initiated; and
WHEREAS, the State of Georgia has committed over $1 billion since 1981 to fund school construction, renovation, retrofitting, and classroom additions; and
WHEREAS, the State of Georgia provides an average of from 75 to 90 percent of the funding for all eligible school facility projects; and
WHEREAS, the annual appropriation for capital outlay purposes at times exceeds $100 million based upon funding requests for the six separate capital outlay funding categories; and
WHEREAS, it has been more than eight years since the capital outlay program has been reviewed to reflect current needs.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is created the Capital Outlay for Education Task Force to be com posed of three members of the Senate to be appointed by the President of the Senate; three members of the House of Representatives to be appointed by the Speaker of the House of Representatives; one representative from the Department of Education to be appointed by the State School Superintendent; three local school system superintendents to be appointed by the State School Superintendent, one each from a small, medium, and large school sys tem; the President of the Georgia School Boards Association or the president's designee;

WEDNESDAY, FEBRUARY 17, 1993

495

and one representative from the Office of Planning and Budget. The chair of the task force shall be appointed by the Governor. The chair will coordinate and assign research activities required in the charge given to the task force in this resolution. The task force shall prepare a study for the Governor and the General Assembly to include, but not be limited to, recom mended revisions of the current capital outlay program as set out in Code Section 20-2-260 of the Official Code of Georgia Annotated.
BE IT FURTHER RESOLVED that issues and questions to be addressed by the Capi tal Outlay for Education Task Force should include, but not be limited to, the following:
(1) Should school size affect capital outlay entitlement?
(A) Should there be a base size, and, if so, what should it be?
(B) Should there be a maximum or minimum size, and, if so, what should it be?
(C) Should the state provide incentives to consolidate small schools?
(2) Should current capital outlay funding options be modified?
(A) Should more than one project be allowed under regular advance funding?
(B) Should planning grants for incentive advance funding be discontinued?
(C) Should incentive advance funding be discontinued?
(D) Should funding include planning and equipping for new technologies such as computers?
(3) What constitutes appropriate citizen involvement in local facility plan development, approval, and implementation?
(A) Should public hearings be required?
(B) Should referenda be conducted, and, if so, under what circumstances?
(4) Does the use of technology and other innovations have implications for school construction?
(5) Should geographic or other natural or constructed anomalies be considered in deter mining a local school system's capital outlay eligibility?
(6) Should design and construction methods, cost schedules, and procedures such as the following be considered in making changes to the current law:
(A) Pre-engineered, relocatable buildings;
(B) Prototype or stock plans;
(C) New construction techniques;
(D) Construction codes;
(E) Bidding process;
(F) Construction management; and
(G) Renovation property?
(7) Should interagency collaboration be incorporated into the law?
(8) Are obsolescent facilities being abandoned inappropriately?
(9) How can the state and local systems effectively deal with demographic shifts that create low enrollment and reduced use of fit facilities in some areas, while other areas exper iencing rapid growth must make do with inadequate facilities?
(10) The task force shall monitor federal legislation that may be significant for Georgia.
(11) The task force shall look at how capital outlay projects fit into total local strategic planning.

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(12) The task force shall address the needs of unhoused students through a study of relevant statistics and other pertinent information.
(13) The task force shall examine the adequacy of the current facilities funding formula to respond to the QBE enhancements such as special instructional assistance, counselors, inschool suspension, and other enhancements such as prekindergarten programs.
BE IT FURTHER RESOLVED that the task force 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 task force deems necessary or appropriate. The task force 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 task force shall serve without compensation but may be reimbursed for travel and other expenses in carrying out their official duties at the same rate as state officials and employees, except that any legislative members of the task force shall be reimbursed for travel and other ex penses from legislative funds at the same rate and in the same manner as members of the General Assembly who attend meetings of legislative interim committees. All members of the task force, except members of the General Assembly and the representative from the Office of Planning and Budget, shall be reimbursed for such expenses from funds appropri ated or available to the Department of Education. The representative from the Office of Planning and Budget shall be reimbursed from funds appropriated or available to that of fice. The task force may meet at such times and places within the State of Georgia as the task force deems necessary not to exceed ten meetings, unless additional days are authorized by the President of the Senate. In the event the task force 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, 1993. The task force shall stand abolished on December 1, 1993.

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 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:

Abernathy Alien Balfour Baugh Blitch Boshears BrB>orowuenn ofr 4*6,^tih Brown of 26th Burton Cheeks Clay
Coleman Dawkins Day Dean

Edge Farrow Garner Gillis Glanton Gochenour THHTeanrbsiosnon Hill Huggins Isakson Kemp
Langford of 35th Langford of 29th Madden Marable

Middleton Newbill Oliver Parrish Perdue Pollard K_D afea,n of,. 3002nd, Ralston Ray Scott Slotin
Starr Thompson Turner Walker

WEDNESDAY, FEBRUARY 17, 1993

497

Those not voting were Senators:

Crotts (excused) Egan Hemmer

Hooks Ragan of llth Robinson (excused)

Taylor Thomas Tysinger (excused)

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

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

SB 129. By Senator Walker of the 22nd:
A bill to amend Chapter 13 of Title 50 of the Official Code of Georgia Annotated, relating to administrative procedure, so as to require each agency subject to the "Georgia Administrative Procedure Act" to prepare a synopsis of any proposed rule; to require the synopsis to be distributed with any proposed rule; to require the synopsis to contain certain information regarding the proposed rule.

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

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

Those voting in the affirmative were Senators:

Abernathy Alien Balfour Baugh Blitch Boshears
n " f^v, BBBrruoorwutonnnooff 4266tthh Cheeks
Coleman Dawkins Day Dean Edge Egan

Farrow Gillis Glanton Gochenour Harbison Hemmer
Henson fTfIiouok, 8 Hupns
Isakson KemP Langford of 35th Langford of 29th Madden Marable

Middleton Newbill Oliver Parrish Perdue Pollard
Ragan of llth Ragan of 32nd
Slotm Starr Taylor Thompson Turner Walker

Those not voting were Senators:

Clay Crotts (excused) Garner

Robinson (excused) Scott

Thomas Tysinger (excused)

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

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

SB 119. By Senators Edge of the 28th, Clay of the 37th, Balfour of the 9th and others:
A bill to amend Code Section 40-6-391 of the Official Code of Georgia Annotated, relating to the offense of driving under the influence of drugs or alcohol and re lated matters, so as to provide that notice of the third or subsequent conviction of any person shall be published.

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

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

Those voting in the affirmative were Senators:

Abernathy Alien Balfour Baugh Blitch Boshears

n

, ,u

Broun of 46th

BBruorwtonn of 26th

Cheeks Clay Coleman
Dawkins Day Dean Edge

Egan Farrow Garner Gillis Glanton Gochenour
Harbison Hemmer HHoilol ks
Huggins Isakson Kemp
Langford of 35th Langford of 29th Madden Marable

Middleton Newbill Oliver Parrish Perdue Pollard

R of

R

fd

nRafkt.on

. blotm Starr
Taylor Thompson Turner Walker

Those not voting were Senators:

Crotts (excused) Henson

Robinson (excused) Scott

Thomas Tysinger (excused)

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

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

HB 142. By Representative Watson of the 139th:
A bill to amend Chapter 26 of Title 50 of the Official Code of Georgia Annotated, the "Georgia Housing and Finance Authority Act," so as to change the provisions relating to legislative findings and intent; to amend Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to the regulation and construction of hospitals and other health care facilities, so as to repeal the "Hospital Financing Authority Act".
Senate Sponsor: Senator Starr of the 44th.

The Senate Committee on Finance and Public Utilities offered the following substitute to HB 142:

A BILL
To be entitled an Act to amend Chapter 26 of Title 50 of the Official Code of Georgia Annotated, the "Georgia Housing and Finance Authority Act," so as to change the provi sions relating to legislative findings and intent; to change the provisions relating to defini tions; to change the provisions relating to powers of the authority; to change the purpose for which bonds may be issued; to provide for the powers of the authority regarding health care facilities and health care services; to change certain provisions relating to competitive bid ding and other restrictions; to provide for the authority's responsibility with regard to obli gations of the Hospital Finance Authority and its assets; to change certain provisions relat ing to obligations not subject to the Securities Act of 1973; to change the provisions relating

WEDNESDAY, FEBRUARY 17, 1993

499

to facilitating economic development for enterprises; to provide for construction; to provide for related matters; to amend Chapter 7 of Title 31 of the Official Code of Georgia Anno tated, relating to the regulation and construction of hospitals and other health care facili ties, so as to repeal the "Hospital Financing Authority Act"; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 26 of Title 50 of the Official Code of Georgia Annotated, the "Geor gia Housing and Finance Authority Act," is amended by striking in its entirety Code Section 50-26-2, relating to legislative findings, and inserting in its place a new Code Section 50-26-2 to read as follows:
"50-26-2. (a) The General Assembly finds that:
(1) There exists an inadequate supply of, and a pressing need for, financing and finan cial assistance to ensure the provision or preservation of safe, decent, energy efficient, and affordable housing and an adequate system of housing finance for housing and housing re lated concerns within this state; a*d
(2) There exists an inadequate supply of, and a pressing need for, financing and finan cial assistance to enterprises which desire to locate or improve or expand in the state, par ticularly those enterprises which desire to locate in the more rural areas of the state; and -
(3) There exists an inadequate supply of, and a pressing need for, financing and finan cial assistance for health equipment and facilities and for health care services at lower than prevailing costs and a need to make this financing available to the largest number of hospi tals feasible, including, but not limited to, those hospitals which serve disproportionately high numbers of indigent patients.
(b) It is declared to be the public policy of this state to promote the health, welfare, safety, morals, and economic security of its citizens through the retention of existing em ployment and alleviation of unemployment in all phases of enterprise; and housing and health care; the elimination of the shortage of and the preservation of safe, decent, energy efficient, and affordable housing; and the elimination of the shortage of and the preservation of capital for housing finance.
(c) The General Assembly finds that the public policies of the state as set forth in this Code section cannot be fully attained without the use of public financing and financial assis tance, either direct or indirect; that such public financing can best be provided by the crea tion of a state housing and finance authority with comprehensive and extensive powers therein, which powers shall include, but not be limited to, the power to issue bonds or reve nue bonds to provide financing for enterprises, for housing, and for housing finance, and for health facilities; and that all of the foregoing are public purposes and uses for which public moneys may be borrowed, expended, advanced, loaned, and granted.
(d) It is the intent of the General Assembly to create an instrumentality that can facili tate economic development, ad housing and housing finance, and financing for health facil ities and health care services throughout the state through its ability to access global capital markets and thereby provide credit to worthy businesses engaged in enterprises and located in or desiring to locate in this state or to provide housing or housing finance or financing for health facilities and health care services in this state on terms competitive with those availa ble to businesses engaged in enterprises or available to those involved in housing or housing finance or the financing of health facilities that are able to access directly such capital markets.
(e) It is further the intent of the General Assembly that the authority created by this chapter work directly with and assist financial institutions and local development authori ties in this state in creating, offering, delivering, and servicing such additional financing alternatives to businesses engaged in enterprises and to businesses and individuals involved in housing or housing finance or the financing of health facilities and health care services."
Section 2. Said chapter is further amended by striking in its entirety paragraph (2) of

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Code Section 50-26-4, relating to definitions, and inserting in its place a new paragraph (2) to read as follows:
"(2) 'Bonds' or 'revenue bonds' means any bonds, revenue bonds, notes, interim certifi cates, bond or revenue anticipation notes, or other evidences of indebtedness ef a sccuritiea nature, including refunding bonds, issue? by the authority and offered to the public of the authority issued under this chapter, including, without limitation, obligations issued to re fund any of the foregoing, notwithstanding that such bonds may be secured by a mortgage or the full faith and credit of a participating provider, health care facility, business, enter prise, or any local government."
Section 3. Said chapter is further amended by striking in its entirety subparagraph (C) of paragraph (4) of Code Section 50-26-4, relating to definitions, and inserting in its place a new subparagraph (C) to read as follows:
"(C) All financing charges, including, but not limited to, premiums and prepayment penalties; ; interest accrued before or to accrue prior to and up to three years after the acquisition, installation, financing, or commencement er-fefinancing of a project; and any other cost related to a project up to three years after such acquisition, installation, financ ing, refinancing, or commencement; any loan or loan guarantee fees;; and any fees paid to or which accrue to the authority regardless of the timing of such fees, prior to, during the operation of, or after completion of a project or facility the acquisition, installation, financ ing, refinancing, or commencement of a project;".
Section 4. Said chapter is further amended by striking in their entirety subparagraphs (I) and (J) of paragraph (4) of Code Section 50-26-4, relating to definitions, and inserting in lieu thereof the following:
"(I) The cost of the establishment of any reserves, including, but not limited to, any sinking fund and debt service reserves; aed-
(J) All costs of servicing any loans made or acquired; r
(K) The cost of the authority incurred in connection with providing a project, including reasonable sums to reimburse the authority for time spent by its agents or employees in providing and financing a project; and
(L) The cost paid or incurred for the administration of any program for the purchase or lease of or the making of loans for a project by the authority and any program for the sale or lease of or making of loans for a project to any participating provider, business, enterprise, local government, or any other person."
Section 5. Said chapter is further amended by striking in its entirety paragraph (5) of Code Section 50-26-4, relating to definitions, and inserting in its place a new paragraph (5) to read as follows:
"(5) 'Enterprise' means a business engaged in manufacturing, producing, processing, as sembling, repairing, extracting, warehousing, handling, or distributing geeds any agricul tural, manufactured, mining, or industrial product or~any combination of the foregoing; a business engaged in furnishing or facilitating communications, computer services, research, or transportation; a business engaged in construction; and corporate and management offices and services provided in connection with any of the foregoing, in isolation or in any combi nation that involves, in each case, either the creation of new or additional employment, the retention of existing employment or payroll, or the increase of average payroll for employees of such enterprise; provided, however, that a shopping center, retail store or shop, or other similar undertaking which is solely or predominantly of a commercial retail nature shall not be an enterprise for the purposes of this chapter."

WEDNESDAY, FEBRUARY 17, 1993

501

Section 6. Said chapter is further amended by inserting immediately following para graph (6) of Code Section 50-26-4, relating to definitions, new paragraphs (6.1) and (6.2) to read as follows:
"(6.1) 'Health care services' means any medical, health care, or health care related ser vices provided by a health care provider licensed as a hospital by the Department of Human Resources under Article 1 of Chapter 7 of Title 31, including, without limitation, health care services for indigent patients whether or not such services are supported directly or indi rectly, and in whole or in part, through any payment or reimbursement program of any federal, state, or local governmental entity, agency, instrumentality, or authority.
(6.2) 'Health facility' means any nonprofit health care facility which is licensed as a hospital by the Department of Human Resources under Article 1 of Chapter 7 of Title 31, owned or operated by a participating provider, and utilized, directly or indirectly, in health care, medical research, or the training or teaching of health care personnel."
Section 7. Said chapter is further amended by striking in its entirety paragraph (7) of Code Section 50-26-4, relating to definitions, and inserting in its place a new paragraph (7) to read as follows:
"(7) 'Housing' means a specific work or undertaking, whether acquisition, new construc tion, or rehabilitation, which is: (A) designed or financed for the primary purpose of provid ing safe, decent, energy efficient, appropriate, and affordable dwelling accommodations for persons and families of low or moderate income; or (B) designed or financed for special needs populations, including, but without limiting the generality of the foregoing, students, the aged, the infirm, the mentally disabled, the mentally ill, and the physically disabled; such undertakings may include any buildings, land, equipment, facilities, or other real or personal properties which are necessary, convenient, or desirable appurtenances, such as, but not limited to, site preparation, landscaping, and other nonhousing facilities such as recreational, administrative, health care, commercial, community, and staff facilities as the authority deems incidental, necessary, convenient, or desirable appurtenances; retirement homes, centers, and related facilities; nursing homes and related facilities; residential care facilities for the elderly or disabled; and long-term or life-care facilities for the elderly or disabled; or (C) without regard to income, for those geographic areas in which, in the opin ion of the authority, the development, preservation, or improvement of housing is necessary for the purposes of: (i) economic development or expansion; or (ii) retaining in or attracting to such area qualified human resources essential to industrial, business, commercial, and residential operations and development. Such undertakings may be either single-family dwellings or multifamily dwellings, energy improvements thereto, or other improvements thereto and may include cooperatives, condominiums, transitional housing, homeless shel ters, single-room occupancy housing, and any other building which provides residential opportunities."
Section 8. Said chapter is further amended by striking in their entirety paragraphs (11) and (12) of Code Section 50-26-4, relating to definitions, and inserting in their places new paragraphs (11), (12), and (13) to read as follows:
"(11) 'Participating provider' means a nonprofit person, corporation, municipal corpora tion, public corporation, or political subdivision or other nonprofit entity, public or private, which:
(A) Is a hospital authority or is affiliated with a hospital authority organized and ex isting under the provisions of Article 4 of Chapter 7 of Title 31; or
(B) Owns or operates, directly or indirectly, or is affiliated with, at least one nonprofit health facility which is licensed as a hospital by the Department of Human Resources under Article 1 of Chapter 7 of Title "5T
and which contracts under this chapter with the authority for the financing, refinancing, lease, or other acquisition of a project.

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(12) 'Project' means housing includes:
(A) Housing and facilities used in connection therewith; housing
(B) Housing finance; of facilities to be used by any enterprise other than thoac used in connection with the sale of goods at retail.
(C) The acquisition, construction, or equipping of a health facility;
(D) Any one or more buildings or structures to be used in the production, manufactur ing, processing, assembling, storing, or handling of any agricultural, manufactured, mining, or industrial product or any combination of the foregoing, in every case with all necessary or useful furnishings, machinery, equipment, parking facilities, landscaping, and facilities for outdoor storage, all as determined by the authority, which determination shall be final and not subject to review; and there may be included as part of any such project all improve ments necessary to the full utilization thereof, including site preparation, roads and streets, sidewalks, water supply, outdoor lighting, belt line railroad sidings and lead tracks, bridges, causeways, terminals for railroad, automotive, and air transportation, transportation facili ties incidental to the project, and the dredging and improving of harbors and waterways, none of which foregoing descriptive words shall be construed to constitute a limitation, pro vided that none of the improvements described in this sentence shall be the primary pur pose of any project;
(E) The acquisition, construction, leasing, or equipping of new industrial facilities or the improvement, modification, acquisition, expansion, modernization, leasing, equipping, or remodeling of existing industrial facilities;
(F) The acquisition, construction, improvement, or modification of any property, real or personal, used as air or water pollution control facilities which the authority has determined is necessary for the operation of the industry or industries which the same is to serve and which is necessary for the public welfare, provided that, for the purposes of this subparagraph, the term 'air pollution control facility' means any property used, in whole or in sub stantial part, to abate or control atmospheric pollution or contamination by removing, alter ing, disposing of, or storing atmospheric pollutants or contaminants, if such facility is in furtherance of applicable federal, state, or local standards for abatement or control of atmo spheric pollutants or contaminants; and provided, further, that, for the purpose of this subparagraph, the term 'water pollution control facility' means any property used, in whole or in substantial part, to abate or control water pollution or contamination by removing, alter ing, disposing, or storing pollutants, contaminants, wastes, or heat, including the necessary intercepting sewers, outfall sewers, pumping, power, and other equipment, holding ponds, lagoons, and appurtenances thereto, if such facility is in the furtherance of applicable fed eral, state, or local standards for the abatement or control of water pollution or contamination;
(G) The acquisition, construction, improvement, or modification of any property, real or personal, used as or in connection with a sewage disposal facility or a solid waste disposal facility which the authority has determined is necessary for the operation of the industries which the same is to serve and which is necessary for the public welfare, provided that, for the purposes of this subparagraph, the term 'sewage disposal facility' means any property used for the collection, storage, treatment, utilization, processing, or final disposal of sewage; for the purposes of this subparagraph, the term 'solid waste disposal facility' means any property used for the collection, storage, treatment, utilization, processing, or final disposal of solid waste; for the purposes of this subparagraph, the term 'solid waste' means garbage, refuse, or other discarded solid materials, including solid waste materials resulting from in dustrial and agricultural operations and from community activities but does not include solids or dissolved materials in domestic sewage or other significant pollutants in water re sources, such as salt, dissolved or suspended solids in industrial waste-water effluents, and dissolved materials in irrigation return flows; and for the purposes of this subparagraph, the word 'garbage' includes putrescible wastes, including animal and vegetable matters, animal

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offal and carcasses, find recognizable industrial by-products but excludes sewage and human

wastes; and the word 'refuse' includes all nonputrescible wastes;

~

(H) The acquisition, construction, leasing, or financing of:

(i) An office building facility and related real and personal property for use by the au thority or by any business or charitable corporation, association, or similar entity which will further the development of trade, commerce, industry, or employment opportunities in this state and which shall be adjacent to or used in conjunction with any other existing or pro posed project defined in this paragraph, which existing or proposed project is used or in tended to be used by the authority or by such business or charitable corporation, association, or similar entity;

(ii) A separate office building facility and related real and personal property for use by the authority or by any business or charitable corporation, association, or similar entity which will further the development of trade, commerce, industry, or employment opportuni ties in this state; or

(iii) Any real or personal property to be used by a charitable corporation, association, or similar entity which will further the development of trade, commerce, industry, or employ ment opportunities in this state;

(I) The acquisition, construction, equipping, improvement, modification, or expansion of any property, real or personal, for use by an enterprise;

(J) The acquisition, construction, installation, modification, renovation, or rehabilita tion of land, interest in land, buildings, structures, facilities, or other improvements and the acquisition, installation, modification, renovation, rehabilitation, or furnishing of fixtures, machinery, equipment, furniture, or other property of any nature whatsoever used on, in, or in connection with any such land, interest in land, building, structure, facility, or other im provement, all for the essential public purpose of the development of trade, commerce, in dustry, and employment opportunities. A project may be for any industrial, commercial, business, office, parking, public, or other use, provided that a majority of the members of the authority determines, by a duly adopted resolution, that the project and such uses thereof would further the public purpose of this chapter;

(K) The acquisition, construction, improvement, modification, or expansion of a planned community development; and

(L) The financing for the provision of health care services.

(13} (13) 'State' means the State of Georgia."

Section 9. Said chapter is further amended by striking paragraph (11) of subsection (a) of Code Section 50-26-8, relating to powers of the authority, and inserting in its place a new paragraph (11) to read as follows:

"(11) To sell loans, mortgages, ad security interests, and other obligations of the authority at public or private sale; to negotiate modifications or alterations in mortgage-aadloans, mortgages, security interests, and other obligations of the authority; to foreclose on any mortgage or security interest in default or commence any action to protect or enforce any right conferred upon it by any law, mortgage, security agreement, deed of trust, deed to secure debt, contract, or other agreement; to bid for and purchase property which was the subject of such loan, mortgage, ef security interest, or other obligation of the authority at any foreclosure or at any other sale; to acquire or take possession of such property; and to exercise any and all rights as provided by law or contract for the benefit or protection of the authority or mortgage holders or holders of the authority's notes, bonds, or other obligations;".

Section 10. Said chapter is further amended by striking paragraph (11) of subsection (a)

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of Code Section 50-26-8, relating to powers of the authority, and inserting in its place a new paragraph (11) to read as follows:
"(11) To sell loans, mortgages, *d security interests, and other obligations of the au thority at public or private sale; to negotiate modifications or alterations in mortgage-and loans, mortgages, security interests, and other obligations of the authority; to foreclose on any mortgage or security interest in default or commence any action to protect or enforce any right conferred upon it by any law, mortgage, security agreement, deed of trust, deed to secure debt, contract, or other agreement; to bid for and purchase property which was the subject of such loan, mortgage, er security interest, or other obligation of the authority at any foreclosure or at any other sale; to acquire or take possession of such property; and to exercise any and all rights as provided by law or contract for the benefit or protection of the authority or mortgage holders or holders of the authority's notes, bonds, or other obligations;".
Section 11. Said chapter is further amended by striking paragraph (13) of subsection (a) of Code Section 50-26-8, relating to powers of the authority, and inserting in its place a new paragraph (13) to read as follows:
"(13) To procure or to make and execute contracts, agreements, and other instruments, including interest rate swap or currency swap agreements, letters of credit, or other credit facilities or agreements, and to take such other actions and do such other things as the authority may deem appropriate to provide credit enhancement for any of its bonds secure the payment of any loan, lease, or purchase payment owed to the authority or any bonds or other obligations issued by the authority, including the power to pay the cost of obtaining any such contracts, agreements, and other instruments^
Section 12. Said chapter is further amended by striking paragraphs (30) and (31) of subsection (a) of Code Section 50-26-8, relating to the powers of the authority, and inserting in lieu thereof new paragraphs (30), (31), (32), (33), (34), (35), and (36) to read as follows:
"(30) To impose restrictive covenants which shall be deemed to be running with the land to any person, corporation, partnership, or other form of business entity which receives financial assistance from the authority, which form of financial assistance shall include tax credits, bond financing, grants, guarantees of the authority, guarantees of the state, insur ance of the authority, and all other forms of financial assistance, regardless of whether the authority enjoys privity of estate or whether the covenant touches and concerns the prop erty burdened; and such restrictive covenants shall be valid for a period of up to the later of 40 years or the termination or satisfaction of such financial assistance, notwithstanding any other provision of law; and
(31) To enter into partnership agreements, to sell and purchase partnership interests, and to serve as general or limited partner of a partnership created to further the public purposes of the authority; T
(32) To allocate and issue low-income housing credits under Section 42 of the Internal Revenue Code of 1986, as amended, and to take all other actions and impose all other condi tions which are required by federal law or which in the opinion of the authority are neces sary or convenient to ensure the complete, effective, efficient, and lawful allocation of and utilization of the low-income housing credit program. Such conditions may include barring applicants from participation in the tax credit program due to abuses of the tax credit pro gram and imposing more stringent conditions for receipt of the credit than are required by Section 42 of the Internal Revenue Code. The authority may establish rounds for the com petitive allocation of low-income credits and such applications shall not be available for public inspection until the time period for submission of applications for that competitive round has expiredT
(33) To allocate and issue any federal or state tax credits for which the authority is designated as the state allocating agency;
(34) To make and execute contracts and all other instruments necessary or convenient

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for the performance of its duties and the exercise of its powers and functions under this chapter;
(35) To cooperate with and exchange services, personnel, and information with any fed eral, state, or local governmental agency; and
(36) To finance or facilitate in any manner the provision of health care services in the state, directly or indirectly and through one or more intermediaries, including, without limi tation, the state; any institution, department, agency, fund, or authority of the state or cre ated under state law; any political subdivision of the state; or any other public or private business, enterprise, agency, corporation or authority, or any other entity; provided, how ever, that the authority shall not be authorized to directly provide health care services to patients?"
Section 13. Said chapter is further amended by adding at the end of Code Section 5026-8, relating to powers of the authority, a new subsection (e) to read as follows:
"(e) No personal financial information submitted to the authority in connection with any of its programs shall be subject to public disclosure."
Section 14. Said chapter is further amended by striking in its entirety subsection (a) of Code Section 50-26-9, relating to authority to issue bonds, and inserting in its place a new subsection (a) to read as follows:
"(a) The authority may issue bonds for the purpose of facilitating economic develop ment; for the improvement of public health, safety, and welfare; and for other public pur poses through the provision of financing and financial assistance for projects, including without limitation, health care services, either directly or indirectly through a financial in stitution; a lender; the state; any institution, department, agency, fund, or authority of the state or created under any state law; any political subdivision of the state; or any other public agency, public or private business, enterprise, agency, corporation, of public author ity, or otherwise for (1) enterprises; (2) housing; and (8) housing finance any other entity."
Section 15. Said chapter is further amended by striking in its entirety subsection (d) of Code Section 50-26-10, relating to obligations not subject to Securities Act of 1973, and inserting in its place a new subsection (d) to read as follows:
"(d) The making of any loan commitment or loan, and the issuance, in anticipation of the collection of the revenues from such loan or loans, of bonds to provide funds therefor, may be authorized under this chapter by resolution of the authority. Unless otherwise pro vided therein, such resolution shall take effect immediately and need not be published or posted. The authority, in determining the amount of such bonds, may include all costs and estimated costs of the issuance of the bonds; all fiscal, legal, and trustee expenses; and all costs of the project. Such bonds may also be issued to pay off, refund, or refinance any outstanding bonds or other obligations of any nature owed by the authority, whether or not such bonds or other obligations are then subject to redemption; and the authority may pro vide for such arrangements as it may determine for the payment and security of the bonds being issued or for the payment and security of the bonds or other obligations to be paid off, refunded, or refinanced."
Section 16. Said chapter is further amended by striking in its entirety subsection (i) of Code Section 50-26-10, relating to obligations not subject to Securities Act of 1973, and inserting in its place a new subsection (i) to read as follows:
"(i) (1) The authority shall not have outstanding at any one time bonds and notes for its single-family residential housing program in an aggregate amount exceeding $086 million $1.3 billion, excluding bonds and notes issued to refund outstanding bonds and notes.
(2) The authority shall not have outstanding at any one time bonds and notes for fi nancing of enterprises, other than enterprises contained in a health facility and other than housing, exceeding $140 million and shall not issue any such bonds or notes after June 30, 1995; provided, however, that such limitations shall not apply with respect to bonds and notes issued to refund outstanding bonds and notes.

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(3) The authority shall not have outstanding at any one time bonds and notes for the financing of health care services exceeding $30 million; provided, however, that such limita tions shall not apply with respect to bonds and notes issued to refinance outstanding bonds and notes?
{3} (4) Any limitations with respect to interest rates or any maximum interest rate or rates found in Article 3 of Chapter 82 of Title 36, the 'Revenue Bond Law,' the usury laws of this state, or any other laws of this state do not apply to bonds of the authority."
Section 17. Said chapter is further amended by striking in its entirety Code Section 5026-18, relating to facilitating economic development for enterprises, and inserting in lieu thereof a new Code Section 50-26-18 to read as follows:
"50-26-18. Without limiting the generality of the findings and intent of the General Assembly or any provision of this chapter, the authority shall facilitate economic develop ment for enterprises throughout the state by means that shall include, without limitation, the issuance of bonds, with or without such credit enhancement as the authority may deem appropriate; the collection of and accumulation of fees and other revenues; the establish ment of debt service reserves and sinking funds; and the use of the proceeds from such bonds, funds, and reserves to make loans to enterprises, either directly to such enterprises or indirectly through a financial institution, a political subdivision, or otherwise; to acquire loans made by others to such enterprises; ef to establish revolving or other funds from which short-term or long-term loans can be made to such businesses, but only if in all auch cases the proceeds of the loans to such enterprises arc utilized to construct facilities of or to make capital improvements to facilities of an enterprise; to guarantee the payment of loans or other obligations of such enterprises; and to do all things deemed by the authority to be necessary, convenient, and desirable for and incident to the efficient and proper develop ment and operation of such types of undertakings."
Section 18. Said chapter is further amended by adding at the end thereof new Code Sections 50-26-19 through 50-26-21 to read as follows:
"50-26-19. (a) The authority may initiate a program of financing the acquisition, con struction, and equipping of health care facilities in the state. In furtherance of this objec tive, the authority may also:
(1) Establish eligibility standards for participating providers, provided that such stan dards shall encourage maximum feasible participation for participating providers serving disproportionately high numbers of indigent patients;
(2) Contract with any entity securing the payment of bonds to authorize the entity to approve the participating providers that can finance or refinance a project with proceeds from the bond issue secured by that entity;
(3) Lease to a participating provider specific projects upon terms and conditions that the authority considers proper, charge and collect rents therefor, terminate any such lease upon the failure of the lessee to comply with any of its obligations under the lease or other wise as the lease provides, and include in any such lease provisions that the lessee has the option to renew the term of the lease for such periods and at such rents as may be deter mined by the authority or to purchase any or all of the projects to which the lease applies;
(4) Loan to a participating provider under any installment purchase contract or loan agreement money to finance, reimburse, or refinance the cost of specific projects and take back a secured or unsecured promissory note evidencing such a loan and security interest in the project financed or refinanced with such loan upon such terms and conditions as the authority considers proper;
(5) Sell or otherwise dispose of any unneeded or obsolete projects under terms and conditions as determined by the authority;
(6) Maintain, repair, replace, and otherwise improve or cause to be maintained, re paired, replaced, and otherwise improved a project owned by the authority;

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(7) Obtain or aid in obtaining property insurance on all projects owned or financed by the authority or accept payment if a project is damaged or destroyed; and
(8) Enter into any agreement, contract, or other instrument with respect to any insur ance, guarantee, letter of credit, or other form of credit enhancement, accepting payment in such manner and form as provided therein if a participating provider defaults and assign any such insurance, guarantee, letter of credit, or other form of credit enhancement as se curity for bonds issued by the authority.
(b) Before exercising any of the powers conferred by subsection (a) of this Code section, the authority may:
(1) Require that the lease, installment purchase contract, or loan agreement involved be insured by a loan insurer, guaranteed by a loan guarantor, or secured by a letter of credit or other form of credit enhancement; and
(2) Require any other type of security from the participating providers that it considers reasonable and necessary.
(c) The authority may not finance a project for any participating provider unless the Health Planning Agency, or any successor thereof, has issued a certificate of need or compa rable certification of approval to the participating provider for the project to be financed by the authority if the acquisition of such project by the participating provider would require a certificate of need or comparable certification of approval under Chapter 6 of Title 31.
50-26-20. A project financed under this chapter is not subject to any statutory require ment of competitive bidding or other restriction imposed on the procedure for award of contracts or the lease, sale, or other disposition of property with regard to any action taken under authority of this chapter.
50-26-21. The authority shall receive all assets of and the authority shall be responsible for any contracts, leases, agreements, or other obligations of the Hospital Financing Author ity created by Article 10 of Chapter 7 of Title 31. The authority is substituted as a party to any such contract, agreement, lease, or other obligation and is responsible for performance thereon as if it had been the original party and is entitled to all benefits and rights of enforcement by any other parties to such contracts, agreements, leases, or other obligations."
Section 19. Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to the regulation and construction of hospitals and other health care facilities, is amended by striking in its entirety Article 10, the "Hospital Financing Authority Act," and inserting in lieu thereof the following:
"ARTICLE 10
RESERVED".
Section 20. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 21. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 42, nays 0, and the substitute was adopted.

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

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

Those voting in the affirmative were Senators:

Abernathy Alien

Balfour Baugh

Blitch Boshears

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Bowen Broun of 46th Brown of 26th Burton Cheeks Clay Coleman Dawkins Day Dean Edge Farrow Garner Gillis Gochenour

Harbison Hemmer Henson Hill Hooks Huggins Isakson Kemp Langford of 35th Langford of 29th Madden Marable Middleton Oliver

Parrish Perdue Pollard Ragan of llth Ragan of 32nd Ralston Ray Slotin Starr Taylor Thomas Thompson Turner Walker

Those voting in the negative were Senators:

Egan

Glanton

Newbill

Those not voting were Senators:

Crotts (excused) Robinson (excused)

Scott

Tysinger (excused)

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

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

SB 133. By Senators Ray of the 19th, Pollard of the 24th and Robinson of the 16th:
A bill to amend Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, so as to provide that, with respect to life insur ance policies provided by certain corporations or trusts, the term employee shall include directors, officers, employees, retired employees, and dependents of such persons; to amend Code Section 33-27-3 of the Official Code of Georgia Anno tated, relating to required provisions of group life insurance policies, so as to provide that certain corporations or the trustees of certain trusts may designate the beneficiary.

The Senate Committee on Insurance and Labor offered the following substitute to SB 133:

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 that, with respect to life insur ance policies provided by certain corporations or trusts, the term employee shall include directors, officers, employees, retired employees, and dependents of such persons; to amend Chapter 27 of Title 33 of the Official Code of Georgia Annotated, relating to group life insurance, so as to provide a description of certain special employee groups and allow poli cies of group life insurance to be issued to such groups; to provide that certain corporations or the trustees of certain trusts may designate the beneficiary under certain types of group life insurance policies; to provide for the applicability of requirements to certain types of group life insurance policies issued to corporations or trusts; to provide for editorial revision; 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

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insurance generally, is amended by striking subsection (c) of Code Section 33-24-3, relating to insurable interest in policies of personal insurance, in its entirety and inserting in its place a new subsection (c) to read as follows:
"(c) A corporation, foreign or domestic, has an insurable interest in the life or physical or mental ability of any of its directors, officers, or employees or the directors, officers, or employees of any of its subsidiaries or any other person whose death or physical or mental disability might cause financial loss to the corporation; or, pursuant to any contractual ar rangement with any shareholder concerning the reacquisition of shares owned by him or her at the time of his or her death or disability, on the life or physical or mental ability of that shareholder for the purpose of carrying out such contractual arrangement; or, pursuant to any contract obligating the corporation as part of compensation arrangements or pursuant to a contract obligating the corporation as guarantor or surety, on the life of the principal obligor. The trustee of a trust established by a corporation for the sole benefit of the corpo ration has the same insurable interest in the life or physical or mental ability of any person as does the corporation. The trustee of a trust established by a corporation providing life, health, disability, retirement, or similar benefits to employees of the corporation or its affili ates and acting in a fiduciary capacity with respect to such employees, retired employees, or their dependents or beneficiaries has an insurable interest in the lives of employees for whom such benefits are to be provided. As used in this subsection, the term 'employee' shall include any and all directors, officers, employees, retired employees, or the dependents of such persons."
Section 2. Said chapter is further amended by adding at the end of Code Section 33-246, relating to the consent of the insured to the insurance contract, a new subsection (d) to read as follows:
"(d) As used in paragraphs (4) and (5) of subsection (a) of this Code section, the term 'employee' shall include any and all directors, officers, employees, retired employees, or the dependents of such persons."
Section 3. Chapter 27 of Title 33 of the Official Code of Georgia Annotated, relating to group life insurance, is amended by adding at the end of Code Section 33-27-1, relating to group requirements generally, a new paragraph (9) to read as follows:
"(9) SPECIAL EMPLOYEE GROUPS. A corporation or a trustee of a trust established by a corporation which has an insurable interest in employees pursuant to subsection (c) of Code Section 33-24-3 and authority to effectuate insurance on employees pursuant to para graph (4) or (5) of Code Section 33-24-6 may establish an employee group to effectuate group life insurance policies on employees when such corporation or trustee of a trust is providing life, health, disability, retirement, or similar benefits to employees, provided that the premium for such group policies is wholly paid by the corporation or trustee of the trust and the proceeds of such policies are used to provide supplemental funding for such em ployee benefit plans."
Section 4. Said chapter is further amended by striking subsection (a) of Code Section 33-27-3, relating to required provisions of group life insurance policies, and inserting in its place a new subsection (a) to read as follows:
"(a) No policy of group insurance shall be delivered in this state unless it contains in substance the following provisions or provisions which in the opinion of the Commissioner are more favorable to the persons insured or at least as favorable to the persons insured and more favorable to the policyholder:
(1) A provision that the policyholder is entitled to a grace period of not less than 31 days for the payment of any premium due except the first, during which grace period the death benefit coverage shall continue in force, unless the policyholder shall have given the insurer written notice of discontinuance in advance of the date of discontinuance and in accordance with the terms of the policy. The policy may provide that the policyholder shall be liable to the insurer for the payment of a pro rata premium for the time the policy was in force during such grace period;

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(2) A provision that the validity of the policy shall not be contested, except for nonpay ment of premiums, after it has been in force for two years from its date of issue and that no statement made by any person insured under the policy relating to his or her insurability shall be used in contesting the validity of the insurance, with respect to which the statement was made, after the insurance has been in force prior to the contest for a period of two years during such person's lifetime nor unless it is contained in a written instrument signed by him or her;
(3) A provision that a copy of the application, if any, of the policyholder shall be at tached to the policy when issued, that all statements made by the policyholder or by the persons insured shall be deemed representations and not warranties, and that no statement made by any person insured shall be used in any contest unless a copy of the instrument containing the statement is or has been furnished to the person or to his or her beneficiary;
(4) A provision setting forth the conditions, if any, under which the insurer reserves the right to require a person eligible for insurance to furnish evidence of individual insurability satisfactory to the insurer as a condition to part or all of his or her coverage;
(5) A provision specifying an equitable adjustment of premiums or of benefits or of both to be made in the event the age of a person insured has been misstated, such provision to contain a clear statement of the method of adjustment to be used;
(6) A provision that any sum becoming due by reason of the death of the person insured shall be payable to the beneficiary designated by the person insured, except as otherwise provided in paragraph (11) of this subsection, subject to the provisions of the policy, in the event there is no designated beneficiary living at the death of the person insured, as to all or any part of such sum and subject to any right reserved by the insurer in the policy and set forth in the certificate to pay at its option a part of such sum not exceeding $500.00 to any person appearing to the insurer to be entitled equitably thereto by reason of having incurred funeral or other expenses incident to the last illness or death of the person insured;
(7) A provision that the insurer will issue to the policyholder for delivery to each person insured an individual certificate setting forth a statement as to the insurance protection to which he or she is entitled, the person to whom the insurance benefits are payable, and the rights and conditions set forth in paragraphs (8) through (10) of this subsection;
(8) A provision that, if the insurance or any portion of it on a person covered under the policy other than the child of an employee insured pursuant to Code Section 33-27-2 ceases because of termination of employment or of membership in the class or classes eligible for coverage under the policy, the person shall be entitled to have issued to him or her by the insurer without evidence of insurability an individual policy of life insurance without disa bility or other supplementary benefits. Application for the individual policy shall be made and the first premium paid to the insurer within 31 days after termination of employment or of membership in the class or classes eligible for coverage under the policy. The individ ual policy shall at the option of the person be on any one of the forms, except term insur ance, then customarily issued by the insurer at the age and for the amount applied for. The individual policy shall be in an amount not in excess of the amount of life insurance which ceases because of the termination, less the amount of any life insurance for which such person is or becomes eligible within 31 days after termination under the same or any other group policy, provided that any amount of insurance which shall have matured on or before the date of the termination as an endowment payable to the person insured, whether in one sum or in installments or in the form of an annuity, shall not for the purposes of this para graph be included in the amount which is considered to cease because of such termination. The premium on the individual policy shall be at the insurer's then customary rate applica ble to the form and amount of the individual policy, to the class of risk to which such person then belongs, and to his or her age attained on the effective date of the individual policy;
(9) A provision that, if the group policy terminates or is amended so as to terminate the insurance of any class of insured persons, every person insured under the group policy at the

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date of such termination, other than a child of an employee insured pursuant to Code Sec tion 33-27-2, whose insurance terminates and who has been so insured for at least five years prior to such termination date shall be entitled to have issued to him or her by the insurer an individual policy of life insurance, subject to the same conditions and limitations as are provided by paragraph (8) of this subsection, except that the group policy may provide that the amount of such individual policy shall not exceed the smaller of the amount of the person's life insurance protection ceasing because of the termination or amendment of the group policy, less the amount of any life insurance for which he or she is or becomes eligible under any group policy issued or reinstated by the same or another insurer within 31 days after such termination, and $2,000.00; and-
(10) A provision that, if a person insured under the group policy dies during the period within which he or she would have been entitled to have an individual policy issued to him or her in accordance with paragraph (8) or (9) of this subsection, before such an individual policy shall have become effective, the amount of life insurance which he or she would have been entitled to have issued to him or her under such individual policy shall be payable as a claim under the group policy, whether or not application for the individual policy or the payment of the first premium therefor has been mader ; and
(11) A corporation or trustee of a trust having an insurable interest pursuant to subsection (c) of Code Section 33-24-3 and effectuation authority pursuant to paragraph (4) or (5) of subsection (a) of Code Section 33-24-6, providing life, health, disability, retirement, or similar benefits to employees may designate the beneficiary of a group life insurance policy, providing that the corporation or trustee of a trust uses the insurance proceeds to provide life, health, disability, retirement, or similar benefits to such employees. As used in this paragraph, the term 'employees' shall include directors, officers, employees, retired employ ees, or the dependents of such persons."
Section 5. Said chapter is further amended by adding at the end of subsection (b) of Code Section 33-27-3, relating to required provisions of group life insurance policies, a new paragraph (4) to read as follows:
"(4) The provisions of paragraphs (6), (7), (8), (9), and (10) of subsection (a) of this Code Section shall not apply to policies issued to a corporation or trustee of a trust pursu ant to subsection (9) of Code Section 33-27-1."
Section 6. All laws and parts of laws in conflict with this Act are repealed.

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

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

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

Those voting in the affirmative were Senators:

Abernathy Alien Balfour Baugh Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cheeks Coleman

Dawkins Dean Egan Farrow Garner Gillis Glanton Gochenour Harbison Hemmer Henson Hill

Hooks Huggins Isakson Kemp Langford of 35th Langford of 29th Madden Marable Middleton Newbill Parrish Perdue

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Pollard Ragan of llth Ragan of 32nd Ralston

Ray Scott Slotin Starr

Thomas Thompson Turner Walker

Those not voting were Senators:

Clay Crotts (excused) Day

Edge Oliver Robinson (excused)

Taylor Tysinger (excused)

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

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

The following general bill of the Senate, having been read the third time on February 11 and postponed until February 12, postponed on February 12 until February 15, and placed on the Senate Rules Calendar for today, was put upon its passage:

SB 35. By Senator Alien of the 2nd:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide for the counting and tabulation of votes cast by absen tee ballot not later than closing of the polls on the day of the election or primary; to provide for procedures.

The Senate Committee on Governmental Operations offered the following substitute to SB 35:

A BILL
To be entitled an Act to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide for the return of absentee ballots not later than 12:00 Noon on the day of the primary or election; to provide for the time of opening of absentee ballots; to provide for the counting and tabulation of votes cast by absentee ballot prior to closing of the polls on the day of the election or primary; to provide for procedures; 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 21 of the Official Code of Georgia Annotated, relating to elections, is amended by striking subsection (a) of Code Section 21-2-384, relating to preparation and delivery of ballots, envelopes, and other supplies, in its entirety and inserting in lieu thereof the following:
"(a) The superintendent shall, as soon as practicable prior to each primary or election, but at least 45 days prior to any primary or general election, prepare or obtain and deliver an adequate supply of official absentee ballots, envelopes, and other supplies as required by this article, to the board of registrars for use in the primary or election. The board of regis trars shall, within two days after the receipt of such supplies, mail or issue official absentee ballots to all eligible applicants; and, as additional applicants are determined to be eligible, the board shall mail or issue official absentee ballots to such additional applicants immedi ately upon determining their eligibility; provided, however, that no absentee ballot shall be mailed by the registrars on the day prior to a primary or election. The date a ballot is voted in the registrars" office or the date a ballot is mailed to an elector and the date it is returned shall be entered on the application record therefor. The delivery of an absentee ballot to a person confined in a hospital may be made by the registrar on the day of a primary or election or during a five-day period immediately preceding the day of such primary or elec tion, provided that the ballot is returned to the board of registrars no later than 12:00 Noon on tHe day of such primary or election. In the event an absentee ballot which has been

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mailed by the board of registrars is not received by the applicant, the applicant may notify the board of registrars and sign an affidavit stating that the absentee ballot has not been received. The board of registrars shall then issue a second absentee ballot to the applicant and cancel the original ballot issued. The affidavit shall be attached to the original applica tion. A second application for an absentee ballot shall not be required."
Section 2. Said title is further amended by striking subsection (a) of Code Section 21-2385, relating to procedures for voting by absentee ballot, in its entirety and inserting in lieu thereof the following:
"(a) At any time after receiving an official absentee ballot, but before the day of the primary or election, except electors who are confined to a hospital on the day of the primary or election, the elector shall vote his absentee ballot, then fold the ballot and enclose and securely seal the same in the envelope on which is printed 'Official Absentee Ballot.' This envelope shall then be placed in the second one, on which is printed the form of the oath of the elector, the name, relationship, and oath of the person assisting, if any, and other re quired identifying information. The elector shall then fill out, subscribe, and swear to the oath printed on such envelope. Such envelope shall then be securely sealed and the elector shall then mail or personally deliver same to the board of registrars, provided that delivery by a physically disabled elector may be made by any adult person upon satisfactory proof that such adult person is such elector's mother, father, grandparent, aunt, uncle, brother, sister, spouse, son, daughter, niece, nephew, grandchild, son-in-law, daughter-in-law, mother-in-law, father-in-law, brother-in-law, sister-in-law, or an individual residing in the household of such disabled elector. An absentee ballot must be received by the board of registrars no later than 12:00 Noon "on the day of the primary or election in order to be counted. An elector who is confined to a hospital on a primary or election day to whom an absentee ballot is delivered by the registrar shall then and there vote the ballot, seal it properly, and return it to the registrar, provided that the ballot must be returned to the board of registrars by 12:00 Noon on the day of the primary or election in order to be counted?"
Section 3. Said title is further amended by striking subsections (a) and (b) of Code Section 21-2-386, relating to safekeeping, certification, and counting of absentee ballots re ceived from electors, in their entirety and inserting in lieu thereof the following:
"(a) (1) The board of registrars shall keep safely and unopened all official absentee ballots received from absentee electors prior to the closing of the polls 12:00 Noon on the day of the primary or election except as otherwise provided in paragraph (2) of this subsection. Upon receipt of each ballot, a registrar shall write the day and hour of the receipt of the ballot on its envelope. The registrar shall then compare the identifying information on the oath with the information on file in Iris the registrar's office and shall, if the information and signature appear to be valid, so certify by signing hia name below the voter's oath. Each elector's name so certified shall be listed by the registrar on the numbered list of absentee voters prepared for Iris that precinct. If the elector has failed to sign the oath, or if the signature does not appear to be valid, or if the elector has failed to furnish required infor mation or information so furnished does not conform with that on file in the registrar's office, or if the elector is otherwise found disqualified to vote, the registrar shall write across the face of the envelope 'Rejected,' giving the reason therefor. The board of registrars shall promptly notify the elector of such rejection, a copy of which notification shall be retained in the files of the board of registrars for at least one year. Three copies of the numbered list of voters shall also be prepared for such rejected absentee electors, giving the name of the elector and the reason for the rejection in each case. Three copies of the numbered list of certified absentee electors and three copies of the numbered list of rejected absentee elec tors for each precinct shall be turned over to the poll manager in charge of counting the absentee ballots and shall be distributed as required by law for numbered lists of voters. All absentee ballots returned to the board after the closing of the polls on the day of the pri mary or election shall be safely kept unopened by the board for the period of time required for the preservation of ballots used at the primary or election and shall then, without being opened, be destroyed in like manner as the used ballots of the primary or election. The

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board of registrars shall promptly notify the elector by first-class mail that the elector's ballot was returned too late to be counted and that the elector will not receive credit for voting in the primary or election.
(2) After 6:00 P.M. and until Beginning no earlier than the eloaing time of the opening of the polls on the day of the primary or election, the registrars shall be authorized to open begin opening the outer envelope on which is printed the oath of the elector in such a man ner as not to destroy the oath printed thereon. , provided, however, that the registrars ahall not be authorized to remove the contents of auch outer envelope or to open the inner envoi ope marked 'Official Absentee Ballot.' The registrars shall then deposit the inner envelope containing the ballot into a ballot box provided for that purpose. No earlier than 12:00 Noon and after all inner envelopes have been removed from the outer envelopes and depos ited in the ballot box, the registrars shall open the inner envelope and deposit the ballots in a separate ballot box. At least three persons who are registrars, deputy registrars, or poll workers must be present before commencing.
(b) After the close of the polla No later than 4:00 P.M. on the day of the primary or election, in precincts other than those in which vote recorders are used, a registrar at least two registrars shall deliver the official absentee ballot of each certified absentee elector, each rejected absentee ballot, applications for such ballots, and copies of the numbered lists of certified and rejected absentee electors to the manager in charge of the absentee ballot pre cinct of the county, which shall be located in the precinct containing the county courthouse. Such manager with two assistant managers, appointed by the superintendent, with such clerks as the manager deems necessary shall count the absentee ballots following the proce dures prescribed by this chapter for other ballots, insofar as practicable, and prepare an election return for the county showing the results of the absentee ballots cast in such county. In those precincts in which vote recorders are used, such absentee ballots shall be taken to the tabulation center or other place designated by the superintendent, and the official receiving such absentee ballots shall issue fcis a receipt therefor. The ballots shall then be counted following the procedures for counting other such ballots "as prescribed by this chapter, insofar as practicable, and prepare an election return for the county showing the results of the absentee ballots cast in such county. A manager shall then open the cnvcl ope in auch manner as not to destroy the oath printed thereon and ahall dcpoait the inner envelope marked 'Official Absentee Ballot' in a ballot box reserved for absentee ballots and shall count the absentee ballots for the county in the manner as proscribed above."
Section 4. Said title is further amended by striking subsection (d) of Code Section 21-2386, relating to notification of a challenged elector, in its entirety and inserting in lieu thereof the following:
"(d) If an absentee elector's right to vote has been challenged for cause, a poll officcf registrar shall open the envelopes and write 'Challenged,' the elector's name, and the alleged cause of challenge on the back of the ballot, without disclosing the markings on the face thereof, and shall deposit the ballot in the box; and it shall be counted as other challenged ballots are counted. The board of registrars shall promptly notify the elector of such chal lenge. All such challenges must be received by the registrars prior to the time for the open ing of the polls on the day of the primary or election?1
Section 5. Said title is further amended by striking subsection (b) of Code Section 21-3284, relating to the preparation and deliver of absentee ballots, envelopes, and supplies in municipal primaries and elections, in its entirety and inserting in lieu thereof the following:
"(b) The superintendent shall, as soon as practicable prior to each primary or election, prepare or obtain and deliver to the absentee ballot clerk an adequate supply of official absentee ballots, envelopes, and other supplies, as required by this article, for use in the primary or election. The absentee ballot clerk shall mail or issue official absentee ballots to all eligible applicants within two days after the receipt of such supplies; and as additional applicants are determined to be eligible, the clerk shall mail or issue official absentee ballots to such additional applicants immediately upon determining their eligibility; provided, how ever, that no absentee ballot shall be mailed by the clerk on the day prior to a primary or

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election. The date a ballot is voted in the absentee ballot clerk's office or the date a ballot is mailed to an elector and the date it is returned shall be entered on the application record therefor. The delivery of an absentee ballot to a person confined in a hospital may be made by the absentee ballot clerk on the day of a primary or election or during a five-day period immediately preceding the day of such primary or election, provided that the ballot is returned to the absentee ballot clerk by 12:00 Noon on the day of such primary or election. In the event an absentee ballot which has been mailed by the absentee ballot clerk is not re ceived by the applicant, the applicant may notify the absentee ballot clerk and sign an affidavit stating that the absentee ballot has not been received. The absentee ballot clerk shall then issue a second absentee ballot to said applicant and cancel the original ballot issued. The affidavit shall be attached to the original application. A second application for an absentee ballot shall not be required."
Section 6. Said title is further amended by striking subsection (a) of Code Section 21-3285, relating to procedures for voting in municipal elections by absentee ballot, in its en tirety and inserting in lieu thereof the following:
"(a) At any time after receiving an official absentee ballot, but before the date of the primary or election, except electors who are confined to a hospital on the day of the primary or election, the elector shall vote his absentee ballot, then fold the ballot and close and securely seal the same in the envelope on which is printed 'Official Absentee Ballot.' This envelope shall then be placed in the second one, on which is printed the form of the oath of the elector, the name, relationship, and oath of the person assisting, if any, and other re quired identifying information. The elector shall then fill out, subscribe, and swear to the oath printed on such envelope. Such envelope shall then be securely sealed, and the elector shall then mail or personally deliver the same to the absentee ballot clerk, provided that delivery by a physically disabled elector may be made by any adult person upon satisfactory proof that such adult person is such elector's mother, father, grandparent, aunt, uncle, brother, sister, spouse, son, daughter, niece, nephew, grandchild, son-in-law, daughter-inlaw, mother-in-law, father-in-law, brother-in-law, sister-in-law, or an individual residing in the household of such disabled elector. An absentee ballot must be received by the absentee ballot clerk no later than 12:00 Noon on the day of the primary or election in order to be counted. An elector who is confined to a hospital on a primary or election day to whom an absentee ballot is delivered by the absentee ballot clerk shall then and there vote the ballot, seal it properly, and return it to the absentee ballot clerk, provided that the ballot must be returned to the absentee ballot clerk by 12:00 Noon on the day of the primary or election in order to be counted."
Section 7. Said title is further amended by striking Code Section 21-3-286, relating to safekeeping and certification of absentee ballots in municipal elections and primaries, in its entirety and inserting in lieu thereof the following:
"21-3-286. (a) (1) The absentee ballot clerk shall keep safely and unopened all official absentee ballots received from absentee electors prior to the closing of the polls 12:00 Noon on the day of the primary or election except as otherwise provided in paragraph (2) of this subsection. Upon receipt of each ballot, the absentee ballot clerk shall write the day and hour of the receipt of the ballot on its envelope. The clerk shall then compare the identify ing information on the oath with the information on file in feis the registrar's office and shall, if the information and signature appear to be valid, so certify by signing his name below the elector's oath. Each elector's name so certified shall be listed by the absentee ballot clerk on a numbered list of absentee voters prepared for his precinct. If the elector has failed to sign the oath, or if his the signature does not appear to be valid, or if the elector has failed to furnish required information or the information so furnished does not conform with that on file in the registrar's office, or if the elector is otherwise found disqual ified to vote, the absentee ballot clerk shall write across the face of the envelope 'Rejected,' giving the reason therefor. The absentee ballot clerk shall promptly notify the elector of such rejection; and a special set of numbered lists of voters shall also be prepared for re jected absentee electors, giving the name of the elector and the reason for the rejection in each case. Three copies of the numbered list of certified absentee electors and the numbered

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list of rejected absentee electors for each precinct shall be turned over to the poll manager in charge of counting the absentee ballots and shall be distributed as required by law for the numbered lists of voters. All absentee ballots received by the absentee ballot clerk after the closing of the polls on the day of the primary or election shall not be certified or counted; shall be kept safely unopened by the clerk for the period of time required for the preserva tion of ballots used at the primary or election; and they shall then, without being opened, be destroyed in like manner as the used ballots of the primary or election. The board of regis trars shall promptly notify the elector by first-class mail that the elector's ballot was re turned too late to be counted and that the elector will not receive credit for voting in the primary or election.
(2) After 6:00 P.M. and until the cloaing Beginning no earlier than the time of the opening of the polls on the day of the primary or election, the absentee ballot clerk shall be authorized to open the outer envelope on which is printed the oath of the elector in such a manner as not to destroy the oath printed thereon. , provided, however, that the absentee ballot clerk shall not be authorized to remove the contents of such outer envelope or to open the inner envelope marked 'Official Absentee Ballot.' The absentee ballot clerk shall then deposit the inner envelope containing the ballot into a ballot box provided for that purpose. No earlier than 12:00 Noon and after all inner envelopes have been removed from the outer envelopes and deposited in the ballot box, the absentee ballot clerk shall open the inner envelope and deposit the ballots in a separate ballot box. At least three persons who are registrars, deputy registrars, or poll workers must be present before commencing.
(b) After the close of the polls on the date of the primary or election, the absentee ballot clerk shall deliver the official absentee ballots of each certified absentee elector, as well ao the copies of the numbered liato of certified and rejected abacntcc electors, to the managers in charge of the polling place designated by the aupcrintcndcnt. No later than 4:00 P.M. on the day of the primary or election, in precincts other than those in which vote recorders are used, at least two absentee ballot clerks shall deliver the official absentee bal lot of each certified absentee elector, each rejected absentee ballot, applications for such ballots, and copies of the numbered lists of certified and rejected absentee electors to the manager in charge of the absentee ballot precinct of the municipality. Such manager with two assistant managers, appointed by the superintendent, with such clerks as the manager deems necessary shall count the absentee ballots following the procedures prescribed by this chapter for other ballots, insofar as practicable, and prepare an election return for the mu nicipality showing the results of the absentee ballots cast in such municipality. In those precincts in which vote recorders are used, such absentee ballots shall be taken to the tabu lation center or other place designated by the superintendent, and the official receiving such absentee ballots shall issue a receipt therefor. The ballots shall then be counted following the procedures for counting other such ballots as prescribed by this chapter, insofar as prac ticable, and prepare an election return for the municipality showing the results of the absen tee ballots cast in such municipality."
Section 8. Said title is further amended by striking subsections (b) and (c) of Code Section 21-3-291, relating to challenging of absentee electors in municipal primaries and election, in their entirety and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) After the absentee ballota have been delivered to the poll managers aa provided in subsection (b) of Code Section 21-3-286, the managers shall open the envelope of each ab sentee ballot in such manner as not to destroy the oath printed thereon and shall deposit the inner envelope marked 'Official Absentee Ballot' in a ballot box reserved for absentee ballot3
If an absentee elector's right to vote has been challenged for cause, a poll officer the absentee ballot clerk shall open the envelope and write 'Challenged,' the elector's name, and the alleged cause of challenge on the back of the ballot without disclosing the markings on the face thereof and shall deposit the ballot in the ballot box; and it shall be counted as other challenged ballots are counted. The absentee ballot clerk shall promptly notify the

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elector of such challenge. All such challenges must be received by the absentee ballot clerk prior to the time for the opening of the polls on the day of the primary or election."
Section 9. All laws and parts of laws in conflict with this Act are repealed.

Senator Balfour of the 9th offered the following amendment:

Amend the substitute to SB 35 offered by the Senate Committee on Governmental Op erations by striking "4:00 P.M." on page 6, line 5, and inserting "5:00 P.M.";
And by striking "4:00 P.M." on page 12, line 13, and inserting "5:00 P.M."

On the adoption of the amendment offered by Senator Balfour of the 9th, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Alien Balfour Baugh
Blitch Boshears uOW6n *,. Brown of 26th Burton Clay Coleman Dawkins
Dean Edge

Egan Farrow Garner
Gillis Glanton Gochenour Hill Hooks Huggins Isakson Kemp
Langford of 29th Middleton

Newbill Perdue Pollard
Ragan of llth R of 32nd Ralgton ,, "ay . hlotm Thomas Thompson
Turner Walker

Those voting in the negative were Senators:

Broun of 46th Cheeks Day Harbison

Hemmer Henson Madden Marable

Oliver Parrish Starr

Those not voting were Senators:

Abernathy Crotts (excused) Langford of 35th

Robinson (excused) Scott

Taylor Tysinger (excused)

On the adoption of the amendment offered by Senator Balfour of the 9th, the yeas were 38, nays 11, and the amendment was adopted.

Senator Edge of the 28th offered the following amendment:

Amend the substitute to SB 35 offered by the Senate Committee on Governmental Op erations by striking beginning with the word "All" on line 15 of page 7 and ending with "election" on line 18 of page 7;
Also by striking beginning on line 26 of page 13 with the word "All" and ending with "election" on line 29 of page 13.

On the adoption of the amendment offered by Senator Edge of the 28th, the yeas were 41, nays 2, and the amendment was adopted.

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Senator Middleton of the 50th offered the following amendment:

Amend the substitute to SB 35 offered by the Senate Committee on Governmental Op erations by striking "4:00 P.M." on page 6, line 5, and inserting "7:00 P.M. or closing of the polls, whichever occurs first.";
And by striking "4:00 P.M." on page 12, line 13, and inserting "7:00 P.M. or closing of the polls, whichever occurs first."

On the adoption of the amendment offered by Senator Middleton of the 50th, the yeas were 31, nays 16, and the amendment was adopted.

Senator Egan of the 40th offered the following amendment:

Amend the substitute to SB 35 offered by the Senate Committee on Governmental Op erations by striking "later" on line 13, page 12, and substituting "earlier";
And by striking "later" on line 4, page 6, and substituting "earlier".

On the adoption of the amendment offered by Senator Egan of the 40th, the yeas were 38, nays 1, and the amendment was adopted.

On the adoption of the substitute, the yeas were 45, nays 3, and the substitute was adopted as amended.

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

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

Those voting in the affirmative were Senators:

Alien Balfour

Coleman Edge

Boshears Bowen Burton Clay

Glanton Gochenour Hill Isakson

Kemp Middleton Ragan of llth Ragan of 32nd Ralston Walker

Those voting in the negative were Senators:

Abernathy Baugh Broun of 46th Brown of 26th Cheeks Dawkins Day Dean Farrow Garner Gillis

Harbison Hemmer Henson Hooks Huggins Langford of 35th Langford of 29th Madden Marable Newbill Oliver

Parrish Perdue Pollard
S Slotin Starr Thomas Thompson Turner

Those not voting were Senators:

Crotts (excused) Robinson (excused)

Taylor

Tysinger (excused)

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519

On the passage of the bill, the yeas were 20, nays 32.

The bill, having failed to receive the requisite constitutional majority, was lost.

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

SB 154. By Senators Madden of the 47th, Oliver of the 42nd, Henson of the 55th and others:
A bill to amend Part 2 of Article 2 of Chapter 9 of Title 24 of the Official Code of Georgia Annotated, relating to the privileged nature of certain medical informa tion, so as to provide that pharmacists shall not be required to release any medi cal information concerning patients except under certain circumstances; to pro vide for the extent of liability; to provide for waiver of such privilege.

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

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

Those voting in the affirmative were Senators:

Abernathy Alien Balfour Baugh Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cheeks Clay Coleman Dawkins Day Dean Edge

Egan Farrow Garner Gillis Glanton Gochenour Harbison Hemmer Henson Hill Hooks Huggins Isakson Kemp Langford of 35th Langford of 29th Madden

Marable Middleton Newbill Oliver Parrish Perdue Pollard Ragan of llth Ragan of 32nd Ralston Ray Slotin Starr Thomas Thompson Turner Walker

Those not voting were Senators:

Crotts (excused) Robinson (excused)

Scott Taylor

Tysinger (excused)

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

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

SB 64. By Senators Clay of the 37th, Newbill of the 56th, Isakson of the 21st and others:
A bill to amend Code Section 50-14-3 of the Official Code of Georgia Annotated, relating to proceedings of state agencies excluded from the requirements of law relating to open and public meetings, so as to provide that all information on the votes taken by the State Board of Pardons and Paroles shall be released for in spection after such voting.

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

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

Those voting in the affirmative were Senators:

Balfour Boshears Brown of 26th Burton Clay Dean Edge

Farrow Garner Gillis Glanton Gochenour Hooks Isakson

Middleton Newbill Perdue Ragan of 32nd Ralston Scott Thompson

Those voting in the negative were Senators:

Abernathy Alien Baugh Blitch Bowen Broun of 46th Cheeks Coleman Dawkins
Day
Egan

Harbison Hemmer Henson Hill Huggins Kemp Langford of 35th Langford of 29th Madden
Marable
Oliver

Parrish Pollard Ragan of nth Ray glotin c atarr Tay'or Thomas
Turner
Walker

Those not voting were Senators:

Crotts (excused)

Robinson (excused)

Tysinger (excused)

On the passage of the bill, the yeas were 21, nays 32.

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 SB 64.

SB 113. By Senator Egan of the 40th:
A bill to amend Code Section 17-5-30 of the Official Code of Georgia Annotated, relating to motion to suppress evidence illegally seized generally, so as to provide that a search and seizure with a warrant shall not be deemed illegal in cases where evidence is obtained in good faith by officers who reasonably relied on a warrant that was issued by a detached and neutral judicial officer authorized to hold a court of inquiry.

Senator Alien of the 2nd offered the following amendment:

Amend SB 113 by adding on page 2, line 4, "contraband" after the word "where" and before the word "evidence".

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:

Abernathy

Alien

Blitch

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521

Boshears
Bowen BL,-,h,roewek,ns of 26th Coleman
Dean

Harbison Hill uHooki s
Langford of 35th
Parrish

Ragan of llth Scott TMTh, omas
Turner
Walker

Those voting in the negative were Senators:

Balfour Baugh Broun of 46th Burton
lav, . TMms

Glanton Gochenour Hemmer Henson
Huggins Isakson

Edge Egan Farrow Garner Gillis

Kemp Langford of 29th Madden Marable Middleton

Newbill Oliver Perdue Pollard
Ragan of 32nd Ralston
Ray Slotin Starr Taylor Thompson

Those not voting were Senators:

Crotts (excused)

Robinson (excused)

Tysinger (excused)

On the adoption of the amendment, the yeas were 19, nays 34, 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:

Balfour Baugh BHtch Boshears Bowen Broun of 46th Burton Cheeks
Coleman Day Dean Edge

Egan Farrow Garner Glanton Gochenour Hemmer Hill Hooks Isakson Kemp Langford of 29th Madden

Marable Middleton Newbill Perdue Ragan of llth Ragan of 32nd Ralston Ray Taylor Thompson Turner Walker

Those voting in the negative were Senators:

Abernathy Allen DBraowwkninosf 26th
Harbison

Henson Huggins LT angf,.ord, of. 3,,,5..t,h Oliver Parrish

Pollard Scott Smlo,t.m Starr Thomas

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Those not voting were Senators:

Crotts (excused)

Robinson (excused)

Tysinger (excused)

On the passage of the bill, the yeas were 37, nays 16.

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

SB 145. By Senators Coleman of the 1st and Alien of the 2nd:
A bill to create the Coastal Area Olympic Games Authority; to provide for a short title; to provide for findings and determinations; to provide for definitions; to provide for the creation of the authority; to provide for the membership of the authority; to provide for appointment, terms, vacancies, qualifications, and com pensation of members of the authority; to provide for expenses relating to mem bers of the authority.

The Senate Committee on Urban and County Affairs offered the following substitute to SB 145:

A BILL
To be entitled an Act to create the Coastal Area Games Authority; to provide for a short title; to provide for findings and determinations; to provide for definitions; to provide for the creation of the authority; to provide for the membership of the authority; to provide for appointment, terms, vacancies, qualifications, and compensation of members of the au thority; to provide for expenses relating to members of the authority; to provide for the organization and meetings of the authority; to provide for reports; to provide the purposes for which the authority is created; to provide for contracts; to provide for the powers and duties of the authority; to provide that members of the authority shall be trustees; to pro vide for records and audits; to provide for certain exemptions from taxation, levy and sale, garnishment, and attachment; to provide the court in which actions against the authority may be brought; to provide for construction; to provide for the abolition of the authority and the repeal of this Act on a certain date; 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. Short title. This Act shall be known and may be cited as the "Coastal Area Games Authority Act."
Section 2. Findings, (a) It is found, determined, and declared that the 1996 Olympic Games will be held in Atlanta and various other places within the State of Georgia and that the sailing competition for the 1996 Olympic Games will be held in Chatham County.
(b) It is further found and determined that as the place for the 1996 Olympic Games sailing competition, Savannah, Chatham County, and the coastal counties of the state will host the athletes and officials who will participate in the sailing competition, the news media that will cover the competition, the supporters of the teams entered in the competition, and the spectators of the competition.
(c) It is further found and determined that the 1996 Olympic Games will bring athletes, officials, media representatives, and spectators from around the world to Georgia, and that, while in Georgia, many of the people from these various groups will visit Savannah, Chat ham County, and the coastal counties.
(d) It is further found and determined that Savannah and Chatham County will be called on to provide, under appropriate agreements with the Atlanta Committee for the Olympic Games, services and infrastructure support to the venues serving the sailing competition.

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(e) It is further found and determined that the businesses and citizens of Savannah, Chatham County, and the other municipalities and counties in the coastal region and the local governments serving the coastal region wish to do those things necessary to make the visits of Olympic visitors to Savannah, Chatham County, and the coastal region a memora ble experience that will further expand the international tourism market served by Savan nah, Chatham County, and the coastal region.
(f) It is further found and determined that Savannah, Chatham County, and the other municipalities and counties in the coastal region wish to ensure that the legacy of the Olympic Games in the coastal region will be the development and continuation of small businesses formed to serve and support Olympic visitors, the expansion of the import and export markets served by the Georgia Ports Authority, the expansion of the tourism indus try in the coastal region, and the maintenance of the aesthetic improvements and the infra structure improvements made to serve the Olympic competition and the Olympic visitors.
(g) Because of the findings and determinations described in subsections (a) through (f) of this section, it is further found that there is a need for the creation of a public authority to develop a comprehensive plan for serving the 1996 Olympic sailing competition and the visitors brought here by the competition, as well as those brought here by the 1996 Olym pics, and to coordinate by contract or other appropriate means the implementation of these plans which will include programs for serving the sailing competition with services and in frastructure, programs for aesthetic improvements and other improvements needed to make the visits to the coastal region by Olympic visitors memorable, and programs and actions directed to developing and sustaining the small businesses created to serve Olympic visitors and the sailing event.
(h) It is further found, declared, and determined that the creation of the public author ity provided for in this Act and the carrying out of its corporate purposes are in all respects valid public purposes within the provisions of the Constitution of Georgia.
Section 3. Definitions. Unless the context clearly requires otherwise, as used in this Act, the term:
(1) "Authority" means the Coastal Area Games Authority created in this Act.
(2) "Mayor and Aldermen" means the mayor and aldermen of the City of Savannah.
(3) "Coastal area" means the area comprised of the counties of Camden, Glynn, Mclntosh, Liberty, Bryan, Chatham, and Effingham.
(4) "Local governments within the coastal area" means the governments of the counties comprising the coastal area and the governments of the municipalities in these counties.
(5) "Public agency" means any agency, board, commission, or department of the State of Georgia, the City of Savannah, Chatham County, the local governments in the coastal area, or the United States.
Section 4. Coastal Area Games, (a) There is created a body corporate and politic to be known as the Coastal Area Games Authority which shall be deemed to be an instrumental ity of the state, a public corporation, and a public authority and by that name, style, and title may contract and be contracted with, sue in all courts and be sued in the Superior Court of Chatham County or of the other counties in the coastal area as provided in Section 12 of this Act. The authority shall have all rights afforded the state by virtue of the Consti tution of the United States, and nothing in this Act shall constitute a waiver of any such rights.
(b) The authority shall not be deemed to be the State of Georgia or a political subdivi sion of the state or an agency of the state or of a political subdivision of the state.
Section 5. Membership, (a) The authority shall be comprised of a minimum of 15 mem bers who shall be selected as follows:
(1) Five members shall be appointed by the mayor and aldermen of the City of Savan nah, of which one shall be the mayor and one the city manager;

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(2) Five members shall be appointed by the commissioners of Chatham County, of which one shall be the chairperson of the county commissioners and one the county manager;
(3) Five members shall be appointed by the executive committee of the Coastal Area Regional Development Center, of which one shall be the executive director; and
(4) Not more than five members may be appointed ex-officio by the authority.
(b) All members shall be appointed for terms of five years. Any vacancy occurring on the authority for any reason shall be filled for the unexpired term by the original appointing body. All members of the authority shall serve until their successors are appointed and qualified.
(c) Each member of the authority shall be a resident of the coastal area, except mem bers who may be appointed as ex-officio members.
(d) Members of the authority shall receive no compensation for serving on the authority but may be reimbursed for actual and necessary expenses incurred by them in carrying out their official duties.
Section 6. Organization; meetings, (a) The organizational meeting of the authority shall be called by the senior member of the Chatham County legislative delegation after all ap pointments to the authority have been made. At the organizational meeting, the authority shall elect from its own membership a chairperson, vice chairperson, and secretary-trea surer. The terms of office of such officers and all other matters relating to the organization and rules of procedure of the authority shall be as determined by the authority, except as otherwise provided by subsections (b) and (c) of this section.
(b) Eleven members of the authority shall constitute a quorum for the transaction of business. The powers and duties of the authority shall be transacted, exercised, and per formed only pursuant to the affirmative vote of at least a majority of a quorum.
(c) The authority shall meet not less than one time during each calendar quarter or on the call of the chairperson of the authority. In the absence of the chairperson, the vice chairperson may call a meeting of the authority and preside at meetings thereof. In the absence of the chairperson and the vice chairperson, the secretary-treasurer may call a meeting of the authority and preside at meetings thereof. The chairperson or other officer of the authority authorized to call a meeting of the authority shall call such a meeting upon a written request being made by five or more members of the authority.
(d) The authority shall prepare and submit to the appointing authorities an annual report at the end of each fiscal year of the authority outlining the work of the authority and furnishing to such authorities a copy of its most recent annual independent audit of income and expenditures prepared in accordance with the requirements of Section 10 of this Act.
Section 7. Purposes. The authority is created for the following purposes:
(1) To develop and recommend to the appointing authorities a comprehensive plan for providing services and infrastructure support for the 1996 Olympic sailing competition and for the Olympic visitors, officials, and athletes within Savannah, Chatham County, and the coastal area;
(2) To promote and advocate programs and activities needed to improve the aesthetic quality of the coastal area;
(3) To create, coordinate, and implement advertising and promotional activities and programs as appropriate in support of bringing Olympic visitors to the coastal area;
(4) To promote and facilitate small business development projects to support the Olympic visitors and activities;
(5) To design funding and implementing strategies for programs and improvements planned to serve the Olympics sailing event and the Olympic visitors; and

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(6) To perform under contract coastal area local governments' or other public or private agencies' functions and services as appropriate to provide the services and infrastructure necessary to serve the Olympic sailing competition and the Olympic visitors.
Section 8. Contracts for development, redevelopment, and promotion services. To the extent that a contract is entered into pursuant to the provisions of Section 7 of this Act, the authority shall have the power to provide such development and promotion services on be half of public or private agencies as may be reasonably necessary or desirable to carry out effectively programs and services called for by the comprehensive plan developed by the authority under paragraph (1) of Section 7 of this Act.
Section 9. Powers and duties. In addition to any other powers and duties provided for by this Act and in order for the authority to carry out its purposes as described in this Act, the authority shall have the following powers and duties:
(1) To have a seal and alter the same at its pleasure;
(2) To acquire, hold, and dispose of in its own name, by purchase, gift, lease, or ex change, on such terms and conditions and in such manner and by such instrument as it may deem proper, real and personal property of every kind, character, and description, but the authority shall not have the power to acquire any real or personal property by condemna tion or eminent domain;
(3) To procure insurance against any loss in connection with property and other assets of the authority;
(4) To exercise the power provided by Code Section 45-9-1 of the O.C.G.A. to procure policies of liability insurance or contracts of indemnity or to formulate sound programs of self-insurance to insure or indemnify members of the authority and its officers and employ ees against personal liability for damages arising out of the performance of their duties or in any way connected therewith to the extent that such members, officers, or employees are not immune from such liability;
(5) To make contracts and to execute all instruments necessary or convenient in con nection therewith;
(6) To adopt, alter, or repeal its own bylaws, rules, and regulations governing the man ner in which its business may be transacted and in which the power granted to it may be enjoyed as the authority may deem necessary or expedient in facilitating its business;
(7) To receive, accept, and utilize gifts, grants, donations, or contributions of money, property, facilities, or services, with or without consideration, from any person, firm, corpo ration, foundation, or other entity or from the State of Georgia or any agency, instrumental ity, or political subdivision thereof or from the United States or any agency or instrumental ity thereof;
(8) To the extent that a contract between the authority and a public or private agency provides therefor, to act as an agent for such public or private agency in any matter coming within the purposes or powers of the authority;
(9) To select, appoint, and employ professional, administrative, clerical, or other per sonnel and to contract for professional or other services and to allow suitable compensation for such personnel and services; and
(10) To do all things necessary or convenient to carry out the powers and purposes of the authority which are expressly provided for in this Act.
Section 10. Members as trustees. The members of the authority shall be accountable in all respects as trustees. The authority shall keep suitable and proper books and records of all receipts, income, and expenditures of every kind and shall provide for an annual inde pendent audit of income and expenditures.
Section 11. Charitable and public functions. Because the authority will be performing

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valuable charitable and public functions and purposes in the exercise of the powers con ferred upon it, the authority shall be required to pay no taxes or other assessments by the state or by any county, municipality, authority, or political subdivision of the state upon any real or personal property acquired by it or upon its activities in the operation or mainte nance of any facility maintained or acquired by it or upon any income received by the au thority. The tax exemption provided for in this section shall not include any exemption from sales and use tax on property purchased by the authority. The said property, facilities, and income of the authority are exempt from levy and sale, garnishment, and attachment.
Section 12. Actions. Any action brought against the authority shall be brought in a court of competent jurisdiction, and such court shall have exclusive original jurisdiction of such action.
Section 13. Liberal construction. Being for the welfare of the state and its inhabitants, this Act shall be liberally construed to effect the purposes of this Act.
Section 14. The Coastal Area Games Authority created by this Act shall be abolished on January 1, 1997, and this Act shall be repealed in its entirety on January 1, 1997.
Section 15. Repealer. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 44, nays 0, and the substitute was adopted.

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

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

Those voting in the affirmative were Senators:

Abernathy Alien Balfour Baugh Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cheeks Clay Coleman Dawkins Day Dean Edge Egan

Farrow Garner Gillis Gochenour Harbison Hemmer Henson Hill Hooks Huggins Isakson Kemp Langford of 35th Langford of 29th Madden Marable Middleton

Newbill Oliver Parrish Perdue Pollard Ragan of llth Ragan of 32nd Ralston Ray Scott Slotin Starr Taylor Thomas Thompson Turner Walker

Voting in the negative was Senator Glanton.

Those not voting were Senators:

Crotts (excused)

Robinson (excused)

Tysinger (excused)

On the passage of the bill, the yeas were 52, nays 1.

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

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527

The following communication from Lieutenant Governor Howard was received and read by the Secretary:
Office of Lieutenant Governor 240 State Capitol
Atlanta, Georgia 30334 February 17, 1993
Honorable Frank Eldridge Secretary of the Senate 353 State Capitol Atlanta, GA 30334 Dear Frank:
This letter will serve as notice that I am removing Senator John Parrish from the Edu cation Committee and adding him to the Corrections Committee. Please make note of this change which is effective immediately.
Please let me or Lewis know if you need further information.
Sincerely, /s/ Pierre Howard
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bill of the House:
HB 556. By Representatives Jenkins of the 110th and Henson of the 65th: A bill to amend Code Section 44-5-60 of the Official Code of Georgia Annotated, relating to covenants running with the land and related matters, so as to repeal the requirement that, in order to continue such covenants, an attorney must search the land records and verify the landowners affected.
The following bill of the House was read the first time and referred to committee:
HB 556. By Representative Jenkins of the 110th and Hanson of the 65th: A bill to amend Code Section 44-5-60 of the Official Code of Georgia Annotated, relating to covenants running with the land and related matters, so as to repeal the requirement that, in order to continue such covenants, an attorney must search the land records and verify the landowners affected.
Referred to Committee on Judiciary.
Senator Garner of the 30th moved that the Senate do now adjourn until 9:15 o'clock A.M. tomorrow, and the motion prevailed.
At 12:40 o'clock P.M., the President announced the Senate adjourned until 9:15 o'clock A.M. tomorrow.

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Senate Chamber, Atlanta, Georgia Thursday, February 18, 1993 Twenty-first Legislative Day

The Senate met pursuant to adjournment at 9:15 o'clock A.M. today and was called to order by the President.

Senator Huggins of the 53rd reported that the Journal of yesterday's proceedings had been read and found correct.

Senator Tysinger of the 41st moved that the Senate reconsider its action on Wednes day, February 17, in defeating the following bill of the Senate:

SB 64. By Senators Clay of the 37th, Newbill of the 56th, Isakson of the 21st and others:
A bill to amend Code Section 50-14-3 of the Official Code of Georgia Annotated, relating to proceedings of state agencies excluded from the requirements of law relating to open and public meetings, so as to provide that all information on the votes taken by the State Board of Pardons and Paroles shall be released for in spection after such voting.

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

Those voting in the affirmative were Senators:

Balfour Baugh Blitch Boshears
Brown of 26th BCdna,hueyrteok, ns Dawkins Day Edge Farrow

Garner Glanton Gochenour Harbison
Hemmet THTHTIouoggk, sins Isakson Madden Marable Middleton

Newbill Parrish Perdue Pollard
Ralston ,,RSloob,tii..nnson Thompson Turner Tysinger Walker

Voting in the negative was Senator Oliver.

Those not voting were Senators:

Abernathy Alien Bowen Broun of 46th Coleman Crotts Dean

Egan Gillis Henson Hill Kemp Langford of 35th Langford of 29th

Ragan of llth Ragan of 32nd Ray Scott Starr Taylor Thomas

On the motion, the yeas were 34, nays 1; the motion prevailed, and SB 64 was reconsid ered and placed at the bottom of the Senate General Calendar.

By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.

THURSDAY, FEBRUARY 18, 1993

529

The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House:
HB 643. By Representatives Lawson of the 20th, Mills of the 21st, Hughes of the 19th and Stephenson of the 25th:
A bill to amend an Act creating a Board of Commissioners of Hall County, so as to change the composition of the commissioner districts from which the commis sioners are elected.
HB 687. By Representative Jenkins of the 110th:
A bill to reconstitute the Board of Education of Monroe County and provide for its powers, duties, rights, obligations, and liabilities and subject it to certain con stitutional and statutory provisions.
HB 691. By Representative Jenkins of the 110th:
A bill to reconstitute the Board of Education of Jasper County and provide for its powers, duties, rights, obligations, and liabilities and subject it to certain con stitutional and statutory provisions.
HB 697. By Representative Jenkins of the 110th:
A bill to amend an Act creating a board of commissioners for Monroe County, so as to reapportion the commissioner districts.
HB 730. By Representative Parrish of the 144th: A bill to provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Emanuel County during designated regis tration periods as provided in Code Section 40-2-21 of the Official Code of Geor gia Annotated.
HB 731. By Representative Parrish of the 144th: A bill to amend the "Emanuel County Development Authority Act," so as to change the provisions relating to the selection and terms of the members of the authority.
HB 597. By Representatives Hanner of the 159th, Buckner of the 95th, Watts of the 26th and Chandler of the 99th: A bill to amend Title 27 of the Official Code of Georgia Annotated, the "Game and Fish Code," so as to define a certain term; to change certain requirements regarding providing proof of completion of a hunter education course; to provide that persons ages 12 through 25 shall carry certification of the completion of such course while hunting.
HB 327. By Representative Reichert of the 126th: A bill to amend Article 3 of Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to civil proceedings in magistrate courts, so as to change the provisions relating to default judgments and the appeal process.

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HB 510. By Representatives Fairish of the 144th, Chambless of the 163rd, Groover of the 125th, Atkins of the 29th, Parham of the 122nd and others:
A bill to amend Part 2 of Article 2 of Chapter 9 of Title 24 of the Official Code of Georgia Annotated, relating to the privileged nature of certain medical informa tion, so as to provide that pharmacists shall not be required to release any medi cal information concerning patients except under certain circumstances.
HB 4. By Representative Lane of the 55th:
A bill to amend Code Section 40-8-76.1 of the Official Code of Georgia Anno tated, relating to the use of safety belts in passenger vehicles, so as to provide that in any case where a minor passenger over four years of age fails to use a safety belt in a passenger vehicle as required by law, the driver of the passenger vehicle shall be guilty of the offense of failure to secure a safety belt on a minor.
HB 90. By Representatives Baker of the 70th, Bordeaux of the 151st and Orrock of the 56th:
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 change provisions re lating to blood testing and genetic testing; to provide for a rebuttable presump tion of paternity arising from certain genetic testing.
HB 386. By Representatives Watson of the 139th and Dixon of the 150th:
A bill to amend Chapter 2 of Title 25 of the Official Code of Georgia Annotated, relating to the regulation of fire and other hazards to persons and property gen erally, so as to revise certain provisions relative to fees charged by the Safety Fire Commissioner; to provide an additional fee for permit to dispense compressed natural gas for vehicular fuel.
HB 552. By Representatives Dixon of the 168th, Barnes of the 33rd, Golden of the 177th and Scoggins of the 24th:
A bill to amend Code Section 3-3-29 of the Official Code of Georgia Annotated, relating to possession, sale, or purchase of unstamped distilled spirits, so as to provide that no person shall knowingly possess, sell, or purchase any distilled spirits upon which taxes have not been paid.
HB 508. By Representatives Colwell of the 7th and Greene of the 158th:
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 upon completion of a defen sive driving program or DUI Alcohol or Drug Use Risk Reduction Program, so as to prohibit certain persons connected to private companies providing probation services from specifying attendance at a particular clinic or program or soliciting for a particular clinic or program.
HB 167. By Representatives Canty of the 52nd, Tillman of the 173rd, Holmes of the 53rd, Trense of the 44th and Campbell of the 42nd:
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.
HB 428. By Representatives Smith of the 174th and Crews of the 78th:
A bill to amend Part 4 of Article 3 of Chapter 2 of Title 38 of the Official Code of Georgia Annotated, relating to rights, privileges, and prohibitions applicable to personnel of the organized militia, so as to extend such rights, privileges, and

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531

prohibitions to residents of this state who are members of the organized militia of another state.
The House has adopted by the requisite constitutional majority the following resolu tions of the House:
HR 134. By Representative Birdsong of the 123rd: A resolution designating the Lanette O'Neal Faulk Memorial Bridge.
HR 122. By Representative Parham of the 122nd: A resolution authorizing the conveyance of certain state owned real property lo cated in Baldwin County.
HR 125. By Representative Parham of the 122nd: A resolution authorizing the granting of a non-exclusive 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 Baldwin County.
HR 49. By Representative Colwell of the 7th: A resolution repealing a certain resolution which authorized and empowered the State Properties Commission, for and on behalf of and in the name of the State of Georgia, to convey or lease certain state owned real property located in Butts County, Georgia, to the board of commissioners of Butts County.
The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:
SB 280. 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 correct and clarify certain references to in surance brokers and solicitors.
Referred to Committee on Insurance and Labor.
SB 281. By Senator Edge of the 28th: A bill to amend Article 2 of Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to physicians, so as to prohibit physicians from referring pa tients for health care goods or services to any business entity in which the physi cian has an equity interest of 10 percent or more; to provide for patient disclos ure; to provide for exceptions; to provide a penalty.
Referred to Committee on Health and Human Services.
SB 282. By Senator Garner of the 30th: A bill to amend Code Section 48-5-183 of the Official Code of Georgia Annotated, relating to minimum annual salaries of tax commissioners and tax collectors, so as to change the amount of such salaries; to provide an effective date.
Referred to Committee on Finance and Public Utilities.
SB 283. By Senators Starr of the 44th, Gillis of the 20th and Broun of the 46th: A bill to amend Part 1 of Article 4 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to general provisions relative to the selection and qualification of candidates and presidential electors, so as to provide that the General Assembly may provide by local law that nonpartisan elections for county

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officers and school boards may be held during the general election without a prior nonpartisan primary. Referred to Committee on Governmental Operations.
SB 284. By Senator Thompson of the 33rd:
A bill to amend an Act providing a new charter for the city of Austell, as amended, so as to change certain provisions relating to the administrative re sponsibilities of the mayor, city council, and the directors of various city depart ments; to change certain provisions relating to the exercise of the mayor's veto. Referred to Committee on Urban and County Affairs.
SB 285. By Senators Thompson of the 33rd, Ragan of the 32nd, Clay of the 37th and Isakson of the 21st:
A bill to amend an Act creating the Cobb County Commission on Children and Youth, as amended, so as to change the provisions relating to the membership of the commission; to change the date upon which the commission will be abolished. Referred to Committee on Urban and County Affairs.
SB 286. By Senators Isakson of the 21st, Clay of the 37th and Ragan of the 32nd:
A bill to amend an Act creating the board of commissioners of Cobb County, as amended, so as to provide that the office of the chairperson or of a commissioner shall be declared vacant upon such chairperson's or commissioner's qualifying for another elected position. Referred to Committee on Urban and County Affairs.
SB 287. By Senator Coleman of the 1st:
A bill to amend Chapter 38 of Title 43 of the Official Code of Georgia Annotated, relating to operators of private detective and private security businesses, so as to provide arrest powers for certain private security guards. Referred to Committee on Public Safety.
SB 288. By Senators Kemp of the 3rd, Hooks of the 14th, Boshears of the 6th and others:
A bill to amend Chapter 8 of Title 16 of the Official Code of Georgia Annotated, relating to offenses involving theft, so as to provide for the offense of carjacking; to provide for penalties. Referred to Committee on Special Judiciary.
SB 289. By Senators Garner of the 30th and Edge of the 28th:
A bill to amend Part 1 of Article 2 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to solid waste management, so as to define a certain term; to prohibit the depositing of yard trimmings in solid waste facilities. Referred to Committee on Natural Resources.
SB 290. By Senators Scott of the 36th, Thomas of the 10th, Starr of the 44th and Parrish of the 43rd:
A bill to amend Code Section 20-2-211 of the Official Code of Georgia Annotated, relating to contracts of teachers and other school personnel, so as to change which personnel are eligible for such contracts; to provide an effective date. Referred to Committee on Education.

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533

SR 180. By Senator Bowen of the 13th:
A resolution authorizing the granting of a nonexclusive easement for operation and maintenance of electrical transmission lines in, on, over, under, upon, across, or through property owned by the State of Georgia in Crisp County, Georgia; to provide an effective date. Referred to Committee on Finance and Public Utilities.
SR 183. By Senators Newbill of the 56th, Balfour of the 9th, Day of the 48th and others:
A resolution urging the Governor to appoint a task force with regard to program weights under the "Quality Basic Education Act" (QBE). Referred to Committee on Education.
The following bills and resolutions of the House were read the first time and referred to committees:
HB 4. By Representative Lane of the 55th:
A bill to amend Code Section 40-8-76.1 of the Official Code of Georgia Anno tated, relating to the use of safety belts in passenger vehicles, so as to provide that in any case where a minor passenger over four years of age fails to use a safety belt in a passenger vehicle as required by law, the driver of the passenger vehicle shall be guilty of the offense of failure to secure a safety belt on a minor. Referred to Committee on Youth, Aging and Human Ecology.
HB 90. By Representatives Baker of the 70th, Bordeaux of the 151st and Orrock of the 56th:
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 change provisions re lating to blood testing and genetic testing; to provide for a rebuttable presump tion of paternity arising from certain genetic testing. Referred to Committee on Judiciary.
HB 167. By Representatives Canty of the 52nd, Tillman of the 173rd, Holmes of the 53rd and others:
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. Referred to Committee on Governmental Operations.
HB 327. By Representative Reichert of the 126th:
A bill to amend Article 3 of Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to civil proceedings in magistrate courts, so as to change the provisions relating to default judgments and the appeal process. Referred to Committee on Special Judiciary.
HB 386. By Representatives Watson of the 139th and Dixon of the 150th: A bill to amend Chapter 2 of Title 25 of the Official Code of Georgia Annotated, relating to the regulation of fire and other hazards to persons and property gen erally, so as to revise certain provisions relative to fees charged by the Safety Fire Commissioner; to provide an additional fee for permit to dispense compressed natural gas for vehicular fuel.
Referred to Committee on Insurance and Labor.

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HB 428. By Representative Smith of the 174th:
A bill to amend Part 4 of Article 3 of Chapter 2 of Title 38 of the Official Code of Georgia Annotated, relating to rights, privileges, and prohibitions applicable to personnel of the organized militia, so as to extend such rights, privileges, and prohibitions to residents of this state who are members of the organized militia of another state.
Referred to Committee on Defense and Veterans Affairs.
HB 508. By Representatives Colwell of the 7th and Greene of the 158th:
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 upon completion of a defen sive driving program or DUI Alcohol or Drug Use Risk Reduction Program, so as to prohibit certain persons connected to private companies providing probation services from specifying attendance at a particular clinic or program or soliciting for a particular clinic or program.
Referred to Committee on Public Safety.
HB 510. By Representatives Parrish of the 144th, Chambless of the 163rd, Groover of the 125th and others:
A bill to amend Part 2 of Article 2 of Chapter 9 of Title 24 of the Official Code of Georgia Annotated, relating to the privileged nature of certain medical informa tion, so as to provide that pharmacists shall not be required to release any medi cal information concerning patients except under certain circumstances.
Referred to Committee on Judiciary.
HB 552. By Representatives Dixon of the 168th, Barnes of the 33rd, Golden of the 177th and Scoggins of the 24th:
A bill to amend Code Section 3-3-29 of the Official Code of Georgia Annotated, relating to possession, sale, or purchase of unstamped distilled spirits, so as to provide that no person shall knowingly possess, sell, or purchase any distilled spirits upon which taxes have not been paid.
Referred to Committee on Consumer Affairs.
HB 597. By Representatives Hanner of the 159th, Buckner of the 95th, Watts of the 26th and Chandler of the 99th:
A bill to amend Title 27 of the Official Code of Georgia Annotated, the "Game and Fish Code," so as to define a certain term; to change certain requirements regarding providing proof of completion of a hunter education course; to provide that persons ages 12 through 25 shall carry certification of the completion of such course while hunting.
Referred to Committee on Natural Resources.
HB 643. By Representatives Lawson of the 20th, Mills of the 21st, Hughes of the 19th and Stephenson of the 25th:
A bill to amend an Act creating a Board of Commissioners of Hall County, so as to change the composition of the commissioner districts from which the commis sioners are elected.
Referred to Committee on Urban and County Affairs.

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535

HB 687. By Representative Jenkins of the 110th: A bill to reconstitute the Board of Education of Monroe County and provide for its powers, duties, rights, obligations, and liabilities and subject it to certain con stitutional and statutory provisions.
Referred to Committee on Urban and County Affairs.
HB 691. By Representative Jenkins of the 110th: A bill to reconstitute the Board of Education of Jasper County and provide for its powers, duties, rights, obligations, and liabilities and subject it to certain con stitutional and statutory provisions.
Referred to Committee on Urban and County Affairs.
HB 697. By Representative Jenkins of the 110th: 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.
HB 730. By Representative Parrish of the 144th: A bill to provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Emanuel County during designated regis tration periods as provided in Code Section 40-2-21 of the Official Code of Geor gia Annotated.
Referred to Committee on Urban and County Affairs.
HB 731. By Representative Parrish of the 144th: A bill to amend the "Emanuel County Development Authority Act," so as to change the provisions relating to the selection and terms of the members of the authority.
Referred to Committee on Urban and County Affairs.
HR 49. By Representative Colwell of the 7th: A resolution repealing a certain resolution which authorized and empowered the State Properties Commission, for and on behalf of and in the name of the State of Georgia, to convey or lease certain state owned real property located in Butts County, Georgia, to the board of commissioners of Butts County.
Referred to Committee on Finance and Public Utilities.
HR 122. By Representative Parham of the 122nd: A resolution authorizing the conveyance of certain state owned real property lo cated in Baldwin County.
Referred to Committee on Finance and Public Utilities.
HR 125. By Representative Parham of the 122nd: A resolution authorizing the granting of a non-exclusive 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 Baldwin County.
Referred to Committee on Finance and Public Utilities.
HR 134. By Representative Birdsong of the 123rd: A resolution designating the Lanette O'Neal Faulk Memorial Bridge.
Referred to Committee on Transportation.

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

Mr. President:

The Committee on Defense and Veterans Affairs has had under consideration the fol lowing bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:
SB 242. Do pass. HB 113. Do pass.
Respectfully submitted,
Senator Harbison of the 15th District, Chairman

Mr. President:

The Committee on Governmental Operations has had under consideration the following bills and resolution of the House and Senate and has instructed me to report the same back to the Senate with the following recommendations:
HB 171. Do pass. SR 93. Do pass. SB 192. Do pass.
Respectfully submitted,
Senator Alien of the 2nd District, Chairman

Mr. President:

The Committee on Insurance and Labor has had under consideration the following bills of the Senate and has instructed me to report the same back to the Senate with the follow ing recommendations:
SB 143. Do pass by substitute. SB 230. Do pass as amended.
Respectfully submitted,
Senator Pollard of the 24th District, Chairman

Mr. President:

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

SB 99. Do pass. SB 227. Do pass. SB 232. Do pass.

SB 234. Do pass. SB 249. Do pass.

Respectfully submitted,

Senator Oliver of the 42nd District, Chairman

Mr. President:

The Committee on Public Safety has had under consideration the following bills of the

THURSDAY, FEBRUARY 18, 1993

537

Senate and House and has instructed me to report the same back to the Senate with the following recommendations:
SB 123. Do pass.
HB 34. Do pass. HB 172. Do pass.
Respectfully submitted,
Senator Bowen of the 13th District, Chairman
Mr. President:
The Committee on Transportation has had under consideration the following bill and resolutions of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:
SB 238. Do pass.
HR 55. Do pass. HR 88. Do pass.
Respectfully submitted,
Senator Coleman of the 1st District, Chairman
Mr. President:
The Committee on Urban and County Affairs has had under consideration the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:
SB 259. Do pass. HB 465. Do pass. HB 626. Do pass.
Respectfully submitted,
Senator Thompson of the 33rd District, Chairman
The following bills and resolutions of the Senate and House were read the second time:
SB 5. By Senators Dawkins of the 45th, Thompson of the 33rd, 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; 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 agency reviews of existing and proposed programs of each state agency.
SB 8. By Senators Garner of the 30th, Dawkins of the 45th, Walker of the 22nd and others: A bill to amend Part 1 of Article 4 of Chapter 12 of Title 45 of the Official Code of Georgia Annotated, the "Budget Act," and Code Section 50-16-38 of the Offi cial Code of Georgia Annotated, relating to acquisition of real property through the State Properties Commission, so as to provide for the issuance of reports by the State Properties Commission with respect to certain proposed acquisitions and leases of real property by units of state government.

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JOURNAL OF THE SENATE

SB 83. By Senator Walker of the 22nd:
A bill to amend Chapter 7 of Title 47 of the Official Code of Georgia Annotated, relating to the Georgia Firemen's Pension Fund, so as to provide that any person employed as a fireman or enrolled as a volunteer fireman may apply for member ship in such fund without regard to age; to repeal certain requirements for a physical examination; to repeal certain conditions of membership in such pension fund related to the physical condition of the member.
SB 105. By Senators Scott of the 36th, Henson of the 55th, Thomas of the 10th, Oliver of the 42nd and Parrish of the 43rd:
A bill to amend Chapter 4 of Title 7 of the Official Code of Georgia Annotated, relating to interest and usury, so as to provide a short title; to provide for legisla tive intent; to provide certain definitions; to provide for certain permitted charges in connection with nonpurchase money loans secured by security deeds or other security instruments on residential real estate; to provide for the allowa ble rate of interest to be charged for such loans.
SB 121. By Senators Clay of the 37th, Newbill of the 56th and Egan of the 40th:
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, so as to provide that it shall be unlawful for any person to carry or possess on his or her person any firearm while such person is under the influence of alcohol, certain drugs or controlled substances, or both; to provide for definitions; to provide for penalties.
SB 122. By Senators Clay of the 37th, Newbill of the 56th and Egan of the 40th:
A bill to amend Code Section 15-11-59 of the Official Code of Georgia Annotated, relating to juvenile law enforcement records and the maintenance and inspection thereof, so as to authorize the court, upon the request of a school superintendent, to allow authorized representatives of a county or independent school system to inspect and disseminate law enforcement records concerning juveniles to school administrators, counselors, principals, and teachers.
SB 142. By Senator Walker of the 22nd:
A bill to amend Article 2 of Chapter 7 of Title 47 of the Official Code of Georgia Annotated, relating to the administration and management of the assets of the Georgia Firemen's Pension Fund, so as to authorize the board of directors of such fund to grant postretirement benefit increases; to provide conditions for such increases.
SB 156. By Senator Pollard of the 24th:
A bill to amend Article 2 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to clerks of superior courts, so as to provide for priorities of the distribution of fines, forfeitures, surcharges, additional fees, and costs in criminal matters; to provide an effective date.
SB 165. By Senators Gochenour of the 27th, Edge of the 28th and Glanton of the 34th:
A bill to amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions affecting torts, so as to provide certain tort immu nity for dental students; to except acts of willful or wanton misconduct; to pro vide that the liability of a medical facility, academic institution, or dentist is not affected.

THURSDAY, FEBRUARY 18, 1993

539

SB 166. By Senators Thompson of the 33rd, Garner of the 30th, Hooks of the 14th and Dean of the 31st:
A bill to amend Article 1 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions relative to ad valorem taxation of prop erty, so as to provide that for purposes of ad valorem taxation, the General As sembly may provide by local law for different rates, methods, or assessment dates for certain real and personal property located in certain enterprise zones desig nated by counties and municipal corporations.
SB 171. By Senators Farrow of the 54th, Edge of the 28th, Robinson of the 16th and others:
A bill to amend Article 1 of Chapter 6 of Title 10 of the Official Code of Georgia Annotated, relating to the creation and nature of an agency relationship, so as to clarify the laws relating to the validity of a principal's granting, in writing, a conditional power of attorney, provided that one or more persons are designated by such principal to determine conclusively, by written declaration under penalty of perjury, that the conditional event or contingency has occurred.
SB 172. By Senators Farrow of the 54th, Oliver of the 42nd, Ralston of the 51st and others:
A bill to amend Chapter 5 of Title 53 of the Official Code of Georgia Annotated, relating to year's support, so as to define the term "child" or "children" for pur poses of year's support.
SB 173. By Senators Farrow of the 54th, Oliver of the 42nd, Ralston of the 51st and others:
A bill to amend Code Section 51-4-2 of the Official Code of Georgia Annotated, relating to persons entitled to bring action for the wrongful death of spouse or parent, so as to provide that any amount recovered for a wrongful death action on behalf of a minor or minors shall be held by a guardian of the property or that guardianship be waived by the probate court.
SB 188. By Senators Dawkins of the 45th, Robinson of the 16th, 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 by the Office of Planning and Budget, so as to require the Office of Planning and Budget to prepare an annual continuation budget report; to provide for submis sion of such report to the Continuation Subcommittees of the House and Senate Appropriations Committees; to provide for contents of such report.
SB 200. By Senators Taylor of the 12th, Henson of the 55th and Brown of the 26th:
A bill to amend Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to waste management, so as to enact the "Pollution Prevention Assis tance Act"; to provide for state policy with respect to priority for preventing pollution at the source; to define terms; to create the Office of Pollution Preven tion Assistance and provide for an office director, personnel, operations, powers, and duties; to provide for comprehensive planning.
SB 210. By Senators Taylor of the 12th, Henson of the 55th and Brown of the 26th:
A bill to amend Code Section 33-51-3 of the Official Code of Georgia Annotated, relating to the contents of the model basic health insurance plan, so as to author ize the Commissioner of Insurance to permit the coverage of certain children cov ered by Medicaid in a plan developed by the Commissioner to cover the basic

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JOURNAL OF THE SENATE

health needs of children when such participation is approved by the Secretary of the United States Department of Health and Human Services.
SB 214. By Senator Edge of the 28th: A bill to amend Code Section 21-4-6 of the Official Code of Georgia Annotated, relating to the review of grounds for a recall petition, so as to provide for re quired elements of such review; to provide for the burden of proof; to provide for discovery; to provide for judicial orders; to suspend recall proceedings during court review; to provide for recall procedures following a ruling of sufficiency; to provide for certain discretionary appeals.
SB 223. By Senator Burton of the 5th: A bill to amend Code Section 16-9-20 of the Official Code of Georgia Annotated, relating to issuance of bad checks, so as to change the definition of the term "present consideration".
SB 247. By Senator Abernathy of the 38th:
A bill to amend Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to dangerous instrumentalities and practices, so as to provide for 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.
HB 124. By Representative Reaves of the 178th: A bill to amend Title 2 of the Official Code of Georgia Annotated, relating to agriculture, so as to provide for a civil action for the disparagement of agricul tural or aquacultural food products or commodities.
HB 145. By Representatives Thomas of the 100th, Bostick of the 165th, Hammond of the 32nd and others: A bill to amend the Official Code of Georgia Annotated, so as to correct typo graphical, stylistic, capitalization, punctuation, and other errors and omissions in the Official Code of Georgia Annotated and in Acts of the General Assembly amending the Official Code of Georgia Annotated.
HB 195. By Representatives Jenkins of the 110th and Smith of the 109th:
A bill to amend Article 2 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to state parks and recreational areas generally, so as to au thorize the Department of Natural Resources to issue permits for the construc tion, maintenance, and use of boat docks on High Falls Lake which is owned by the state; to amend Code Section 50-16-42 of the Official Code of Georgia Anno tated, relating to the authority of the State Properties Commission to grant revo cable license agreements without competitive bidding.
HB 224. By Representatives Lane of the 146th and Floyd of the 138th:
A bill to amend Code Section 12-5-127 of the Official Code of Georgia Annotated, relating to the licensing of water well contractors, so as to provide for a program of continuing education.
HB 360. By Representative Floyd of the 138th: A bill to amend Article 1 of Chapter 2 of Title 10 of the Official Code of Georgia Annotated, relating to general provisions relative to the regulation of weights and measures, so as to provide that all pulpwood, sawtimber, poles, and other types

THURSDAY, FEBRUARY 18, 1993

541

of timber sold by weight shall be sold on the basis of tonnage or pounds, with one ton equaling 2,000 pounds.
SR 9. By Senators Garner of the 30th, Robinson of the 16th and Dawkins of the 45th: A resolution requesting development of a multiyear plan to reduce personnel ex pense in state government.
SR 165. By Senators Hooks of the 14th, Garner of the 30th, Edge of the 28th and Robin son of the 16th: A resolution amending the Rules of the Senate.
SR 166. By Senators Hooks of the 14th, Garner of the 30th, Edge of the 28th and Robin son of the 16th: A resolution amending the Rules of the Senate.
The President called for the morning roll call, and the following Senators answered to their names:

Alien Balfour Baugh Blitch Boshears Broun of 46th Brown of 26th Burton Cheeks Clay Coleman Dawkins Day Dean Edge Egan Farrow

Gillis Glanton Gochenour Harbison Henson Hill Hooks Huggins Isakson Kemp Langford of 35th Langford of 29th Madden Marable Middleton Newbill Oliver

Parrish Perdue Pollard Ragan of llth Ragan of 32nd Ralston Ray Robinson Slotin Starr Taylor Thomas Thompson Turner Tysinger Walker

Those not answering were Senators:

Abernathy Bowen

Crotts Garner

Hemmer Scott

Senator Farrow of the 54th introduced Dr. John Richardson, a friend, from Dalton, Georgia.

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

Senator Edge of the 28th introduced the chaplain of the day, Dr. Joel Richardson, pas tor of Central Baptist Church, Newnan, Georgia, who offered scripture reading and prayer.

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JOURNAL OF THE SENATE

The following resolutions of the Senate were read and adopted:
SR 54. By Senator Farrow of the 54th: A resolution commending Estelle Lewdrop Fleming.
Senator Farrow of the 54th introduced Estelle L. Fleming, his grandmother.
SR 184. By Senator Garner of the 30th: A resolution commending those who contributed to the outstanding success of the meningitis immunization effort in Carroll County.
SR 185. By Senator Balfour of the 9th: A resolution commending the Pharr Elementary Chorus from Snellville, Georgia.
SR 186. By Senators Newbill of the 56th and Egan of the 40th: A resolution commending the North Fulton Council of PTAs.
SR 188. By Senators Henson of the 55th, Garner of the 30th and Burton of the 5th: A resolution commending the 1992 Clarkston High School football team and Coach Roy Sparks.
Senator Broun of the 46th introduced Teresa Lord, recipient of the 1990 Georgia Occu pational Award of Leadership (GOAL), who was commended by SR 138, adopted previously.
Senator Burton of the 5th introduced the doctor of the day, Dr. Catherine Huggins, of Stone Mountain, Georgia.
Senator Perdue of the 18th introduced Mr. Bill Wiley and Dr. Ken Breeden, represent ing technical and adult education in Georgia which is celebrating its 50th anniversary, hav ing been congratulated by SR 167, adopted previously, and Mr. Wiley briefly addressed the Senate.
Senator Clay of the 37th moved that the following bill of the Senate be withdrawn from the Senate Committee on Appropriations and committed to the Senate Committee on Pub lic Safety.
SB 65. By Senators Clay of the 37th, Day of the 48th, Newbill of the 56th 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.
On the motion, the yeas were 33, nays 0; the motion prevailed, and SB 65 was with drawn from the Senate Committee on Appropriations and committed to the Senate Com mittee on Public Safety.

THURSDAY, FEBRUARY 18, 1993

543

The following local, uncontested bills of the Senate and House, favorably reported by the committee as listed on the Senate Local Consent Calendar, were put upon their passage:

SENATE LOCAL CONSENT CALENDAR
Thursday, February 18, 1993
TWENTY-FIRST LEGISLATIVE DAY
(The names listed with each bill are the Senators whose districts are affected by the legislation.)

SB 259 Dawkins, 45th WALTON COUNTY
Changes the manner and method for choosing members of the board of edu cation of Walton County; provides new education districts; provides for defi nitions and insertions; provides for members of such board serving on the effective date of this Act; provides for election of successors; provides for sub mission to the U.S. Attorney General.

HB 465 Hooks, 14th SUMTER COUNTY
Creates a Board of Commissioners for Sumter County; commissioner dis tricts; definitions and inclusions; currently serving members; election and terms of commissioners; residency; repeals conflicting laws.

HB 626 Clay, 37th CITY OF KENNESAW
Creates a new charter for the City of Kennesaw; changes the limits of the city.

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

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

Those voting in the affirmative were Senators:

Abernathy Alien Balfour
Baugh Blitch Boshears
nBroWuenn otf BBruorwtonn of 26th Cheeks C1 Coleman Day Dean Edge Egan

Farrow Gillis Glanton
Gochenour Harbison Hemmer
Henson HH,,u-uggm. s Isakson Kemp Langford of 29th Madden Marable Middleton Newbill

Oliver Parrish Perdue
Pollard Ragan of llth Ragan of 32nd
Ralston R,,Ro*binson Slotin Starr Taylor Thomas Thompson Turner Tysinger

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JOURNAL OF THE SENATE

Those not voting were Senators:

Crotts Dawkins Garner

Hooks Langford of 35th

Scott Walker

On the passage of the local bills, the yeas were 49, nays 0.

All the bills on the Senate Local Consent Calendar, having received the requisite consti tutional majority, were passed.

Senator Harbison of the 15th moved that Senator Crotts of the 17th be excused from the Senate today due to his wife's illness.

On the motion, the yeas were 32, nays 0; the motion prevailed, and Senator Crotts of the 17th was excused from the Senate today.

SENATE RULES CALENDAR
Thursday, February 18, 1993
TWENTY-FIRST LEGISLATIVE DAY
SR 142 Carroll County--easement on state-owned property (F&PU--30th)
SR 153 State Property--authorize rental of Rhodes Memorial Hall (F&PU--44th)
SB 20 Dietetics Practice Act--provide (Substitute) (H&HS--22nd)
SB 47 Motor Vehicle Insurers--prohibit requiring certain glass repair companies (Sub stitute) (I&L--22nd)
SB 41 Torts--certain school volunteers immune from liability (Substitute) (S Judy--56th)
SB 120 Attorney Serving City, County, School Board--also part-time judge (Substitute) (S Judy--28th)
SB 148 Petition to Establish Paternity--genetic testing (Judy--51st)
SB 189 Guardian Acting Behalf of Another--renouncing interest in property transferred (S Judy--40th)
SB 48 Psychologists--definitions, penalty for practicing without license (Substitute) (H&HS--22nd)
SB 141 Motor Fuel Distributor--gallon equivalent for compressed petroleum gas (Sub stitute) (F&PU--55th)
SR 147 Student Loan Program--urge Congress, U.S. Education Department implement rules (H Ed--18th)
Respectfully submitted,
/s/ George Hooks of the 14th, Chairman Senate Rules Committee

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

SR 142. By Senator Garner of the 30th:
A resolution authorizing the granting of an easement on, over, under, upon, across, or through property owned by the State of Georgia in Carroll County, Georgia; to provide an effective date.

THURSDAY, FEBRUARY 18, 1993

545

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 Balfour Baugh Blitch Boshears
Broun o,f 46t,h_ Brown of 26th Burton
Coleman Dawkins Day Dean Edge Egan

Farrow Garner Gillis Glanton Gochenour Harbison Hemmer Henson Isakson Kemp Langford of 35th Langford of 29th Madden Marable Middleton Newbill

Oliver Parrish Perdue Pollard Ragan of llth Ragan of 32nd Ralston Ray Robinson Slotin Starr Taylor Thomas Thompson Turner Tysinger

Those not voting were Senators:

Abernathy Crotts (excused) Hill

Hooks Huggins

Scott Walker

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

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

Senator Garner of the 30th, President Pro Tempore, assumed the Chair.

SR 153. By Senator Starr of the 44th:
A resolution authorizing the State Properties Commission, acting for and on be half of the State of Georgia, the Secretary of State, and its Department of Archives and History, to enter into a rental agreement, as that term is defined in paragraph (9) of Code Section 50-16-31 of the Official Code of Georgia Anno tated, concerning certain state owned improved real property located within the City of Atlanta, Fulton County, Georgia, and known as Rhodes Memorial Hall, with The Georgia Trust For Historic Preservation, Inc.

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 Balfour Baugh Blitch

Boshears Broun of 46th Brown of 26th Burton

Cheeks Clay Coleman Dawkins

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JOURNAL OF THE SENATE

Day Dean Egan Farrow Gillis Glanton Gochenour Harbison Hemmer Henson Isakson Kemp

Langford of 35th Langford of 29th Madden Marable Middleton Newbill Oliver Parrish Perdue Pollard Ragan of llth Ragan of 32nd

Ralston Ray Robinson Scott Slotin Starr Taylor Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Abernathy Bowen Crotts (excused)

Edge Garner (presiding) Hill

Hooks Huggins

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

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

SB 20. By Senators Walker of the 22nd and Thomas of the 10th:
A bill to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to repeal Chapter 11 A, relating to dietitians and dietetic counselors; to provide for a new Chapter 11A to be entitled the "Dietet ics Practice Act"; to provide for a short title; to provide a purpose; to provide for definitions; to provide for the creation of a board of examiners.

The Senate Committee on Health and Human Services offered the following substitute to SB 20:

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 repeal Chapter 11 A, relating to dietitians and dietetic counselors; to provide for a new Chapter 11A to be entitled the "Dietetics Practice Act"; to provide for a short title; to provide a purpose; to provide for definitions; to provide for the creation of a board of examiners; to provide for the appointment and removal of board members; to provide for election of officers and meetings of the board; to provide for the powers and responsibilities to the board; to provide for licenses; to provide for provi sional licenses; to provide for an oath; to provide for notification to applicants; to provide for examinations; to provide procedures for the display of licenses; to provide for the en forcement powers of the board; to provide for requirements for licenses; to provide that proceedings shall be governed by Chapter 13 of Title 50, the "Georgia Administrative Proce dure Act"; to provide for certain exceptions; to provide for related matters; to repeal con flicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, is amended by striking Chapter 11A of said title, which reads as follows:
"CHAPTER 11A
43-11A-1. This chapter shall be known and may be cited as the 'Dietitians Licensing Law.'
43-11A-2. It is declared to be the purpose of the general Assembly that the activities of

THURSDAY, FEBRUARY 18, 1993

547

certain persons who use certain titles relating to professional dietetic counseling be regu lated to ensure the protection of the health, safety, and welfare of the people of this state.
43-11A-3. As used in this chapter, the term:
(1) 'Advertise' means, but is not limited to, the issuing of or causing to be distributed any card, sign, or other device or the causing or permitting any sign or marking on or in any building or structure, or in any newspaper, magazine, or directory, or announcement on ra dio or announcement or display on television.
(2) 'Applicant' means any person seeking a license under this chapter.
(3) 'Board' means the Georgia Board of Examiners of Licensed Dietitians established by this chapter.
(4) 'Dietetic counseling' means those services provided by a health care professional who has definite and specialized knowledge and training in the nutritional care of individu als throughout the life cycle and who has responsibility for design and management of nutri tional care delivery systems in various settings.
(4.1) 'Dietetic practice' means the integration and application of scientific principles of food, nutrition, biochemistry, physiology, management, and behavioral and social sciences to achieve and maintain the health of people.
(5) 'Graduate semester hour' means a semester hour or the quarter hour equivalent as defined by regional accrediting educational associations.
(6) 'Joint-secretary' means the joint-secretary of the state examining boards. The jointsecretary shall serve as secretary to the board.
(7) 'Licensed dietitian' means a person who represents himself by title or description of services as a licensed dietitian and who renders dietetic counseling services to individuals, groups, organizations, corporations, institutions, government agencies, or the general public for compensation and who holds a valid license under this chapter.
43-11A-4. (a) There is created the Georgia Board of Examiners of Licensed Dietitians. The board shall consist of seven members as follows:
(1) One member shall be an educator in the field of dietetic counseling;
(2) Three members shall be dietetic counselors; and
(3) Three members shall represent the public at large.
(b) The Governor shall appoint, subject to confirmation by the Senate, all members of the board for initial terms of office beginning July 1, 1985. The Governor shall appoint three initial members of the board to serve for terms of two years and four initial members of the board to serve for terms of four years. After the initial terms specified in this subsection, members of the board shall take office on the first day of July immediately following the expired term of that office and shall serve for a term of four years and until their successors are appointed and qualified. Any person appointed to the board when the Senate is not in session may serve on the board without Senate confirmation until the Senate acts on that appointment. No member shall serve on the board for more than two consecutive terms. Any vacancy shall be filled by the Governor subject to confirmation of the Senate.
(c) All members of the board shall be reimbursed as provided for in subsection (f) of Code Section 43-1-2.
(d) All members of the board shall take the constitutional oath of office.
43-11A-5. (a) Professional members of the board shall:
(1) Be citizens of the United States and residents of this state;
(2) Have engaged in the field of dietetic counseling for compensation for at least 2,000 hours; and

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(3) Be licensed under this chapter, except that initial appointees shall be licensed under this chapter no later than July 1, 1986.
(b) Consumer members of the board shall be appointed by the Governor from the pub lic at large, shall be citizens of the United States and residents of this state, and shall have no connection whatsoever with the profession of dietetic counseling.
(c) The Governor may remove members of the board, after notice and opportunity for hearing, for incompetence, neglect of duty, unprofessional conduct, conviction of any felony, failure to meet the qualifications of this chapter, or committing any act prohibited by this chapter.
43-11A-6. (a) Within 30 days of making appointments to the board, the Governor shall call the first meeting. The board shall elect a chairman and a vice-chairman who shall hold office according to the rules adopted by the board.
(b) The board shall hold at least two regular meetings each year as provided by rules adopted by the board.
43-11A-7. The board shall have the power and responsibility to:
(1) Determine the qualifications and fitness of applicants for licenses, renewal of li censes, and reciprocal licenses;
(2) Adopt and revise rules consistent with the laws of the State of Georgia that are necessary to conduct its business, carry out its duties, and administer this chapter. However, the board shall not adopt rules restricting competitive bidding or advertising by licensees except to prohibit false, misleading, or deceptive practices. The board shall not include in its rules to prohibit false, misleading, or deceptive practices by licensees a rule that:
(A) Restricts a licensee's use of any medium for advertising;
(B) Restricts a licensee's personal appearance or use of his personal voice in an advertisement;
(C) Relates to the size or duration of an advertisement by a licensee; or
(D) Restricts a licensee's advertisement under a trade name;
(3) Adopt and publish a code of ethics;
(4) Examine for, approve, issue, deny, revoke, suspend, and renew the licenses of die tetic counselor applicants and licensees under this chapter and conduct hearings in connec tion with these actions;
(5) Conduct hearings on complaints concerning violations of this chapter and the rules adopted under this chapter and cause the prosecution and enjoinder of the violations;
(6) Establish examination and licensing fees;
(7) Request and receive the assistance of state educational institutions or other state agencies;
(8) Prepare information of consumer interest describing the regulatory functions of the board and describing the procedures by which consumer complaints are filed with and re solved by the board. The board shall make the information available to the general public and appropriate state agencies; and
(9) Establish continuing education requirements.
43-11A-8. The board may grant, upon application and payment of proper fees, a license without examination to a person who, at the time of application, either:
(1) Holds a valid license as a licensed dietitian issued by another state, political terri tory, or jurisdiction acceptable to the board if, in the board's opinion, the requirements for that license are substantially equal to or greater than the requirements of this chapter; or
(2) Presents evidence satisfactory to the board that the applicant is registered by the

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Commission on Dietetic Registration of the American Dietetic Association or its predecessor or successor organization.
43-11A-9. Each applicant for a license as a licensed dietitian shall meet the following requirements:
(1) Is at least 18 years of age;
(2) Has submitted a completed application as required by the board;
(3) Has submitted any fees required by the board;
(4) Has:
(A) A baccalaureate degree from a regionally accredited college or university with a major in nutrition, foods and nutrition, dietetics, food systems, or institutional management followed by an internship or equivalent supervised experience approved by the board and approved or accredited by the American Dietetic Association or its successor organization;
(B) A baccalaureate degree from an American Dietetic Association approved or accred ited coordinated undergraduate program in dietetics which combines clinical and didactic learning experiences;
(C) A master's degree from a regionally accredited college or university in nutrition, dietetics, food systems, or institutional management in conjunction with six months' partici pation in an approved program of professionally supervised dietetic counseling or such other equivalent qualifying experience as the board by rule or regulation may establish;
(D) A master's degree from a regionally accredited college or university with such num ber of course hours in nutrition, food and nutrition, dietetics, food systems, or institutional management as the board may require by rule or regulation; a professional school lunch certificate issued by the Georgia Department of Education; and has completed a planned continuous preprofessional experience component in dietetic practice of not less than 900 hours under such supervision as the board my require by rule and regulation; or
(E) A doctoral degree from a regionally accredited college or university in nutrition, dietetics, or biochemistry with such number of course hours in nutrition, food and nutrition, dietetics, food systems, or institutional management as the board may require by rule and regulation; has completed a planned continuous preprofessional experience component in dietetic practice of not less than 900 hours under such supervision as the board may require by rule and regulation; and is currently involved in dietetic counseling services through practice, teaching, or research related to nutritional care throughout the life cycle;
(5) Has successfully passed an examination as required by Code Section 43-11A-13; and
(6) Has met such other requirements as may be prescribed by the board.
43-11A-10. Reserved. Repealed by Ga. L. 1987, p. 1149, 4, effective April 16, 1987.
43-11A-11. The board may require that all applications be made under oath.
43-11A-12. After evaluation of an application and other evidence submitted, the board shall notify each applicant that the application and evidence submitted are satisfactory and accepted or unsatisfactory and rejected. If rejected, the notice shall state the reasons for the rejection.
43-11A-13. (a) Examinations to determine competence shall be administered to quali fied applicants at least twice each calendar year. The examinations may be administered by a national testing service. The board shall prescribe or develop the examinations which may include an examination given by the Commission on Dietetic Registration of the American Dietetic Association or any other examination approved by two-thirds' vote of the board.
(b) The board shall notify each examinee of the results of the examination.
43-11A-14. (a) A license issued by the board is the property of the board and must be surrendered on demand.

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(b) The licensee shall display the license certificate in an appropriate and public manner.
(c) The licensee shall inform the board of any change of his address.
(d) The license shall be renewed biennially if the licensee is not in violation of this chapter at the time of application for renewal and if the applicant fulfills current require ments of continuing education as established by the board.
(e) Each person licensed under this chapter is responsible for renewing his license before the expiration date.
(f) Under procedures and conditions established by the board, a licensee may request that his license be declared inactive. The licensee may apply for active status at any time and upon meeting the conditions set by the board shall be declared active.
43-11A-15. The board may refuse to grant or renew a license to an applicant; administer a public or private reprimand, but a private reprimand shall not be disclosed to any person except the licensee; suspend any licensee for a definite period or for an indefinite period in connection with any condition which may be attached to the restoration of said license; limit or restrict any licensee as the board deems necessary for the protection of the public; revoke any license; condition the penalty upon, or withhold formal disposition pending, the appli cant's or licensee's submission to such care, counseling, or treatment as the board may di rect; or impose a fine not to exceed $500.00 for each violation of a law, rule, or regulation relating to the profession regulated by this chapter, upon a finding by a majority of the entire board that the licensee or applicant has:
(1) Failed to demonstrate the qualifications or standards for a license contained in this Code section, or under the laws, rules, or regulations under which licensure is sought or held; it shall be incumbent upon the applicant to demonstrate to the satisfaction of the board that he meets all the requirements for the issuance of a license, and, if the board is not satisfied as to the applicant's qualifications, it may deny a license without a prior hear ing; provided, however, that the applicant shall be allowed to appear before the board if he so desires;
(2) Knowingly made misleading, deceptive, untrue, or fraudulent representations in the practice of a business or profession licensed under this title or on any document connected therewith; or practiced fraud or deceit or intentionally made any false statement in ob taining a license to practice the licensed business or profession; or made a false statement or deceptive registration with the board;
(3) Been convicted of any felony or of any crime involving moral turpitude in the courts of this state or any other state, territory, or country or in the courts of the United States; as used in this paragraph and paragraph (4) of this Code section, the term 'felony* shall include any offense which, if committed in this state, would be deemed a felony, without regard to its designation elsewhere; and, as used in this paragraph, the term 'conviction' shall include a finding or verdict of guilty or a plea of guilty, regardless of whether an appeal of the conviction has been sought;
(4) Been arrested, charged, and sentenced for the commission of any felony, or any crime involving moral turpitude, where:
(A) A plea of nolo contendere was entered to the charge;
(B) First offender treatment without adjudication of guilt pursuant to the charge was granted; or
(C) An adjudication or sentence was otherwise withheld or not entered on the charge.
The plea of nolo contendere or 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 treat ment shall be conclusive evidence of arrest and sentencing for such crime;
(5) Had his license to practice a business or profession licensed under this title revoked,

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suspended, or annulled by any lawful licensing authority other than the board; or had other disciplinary action taken against him by any such lawful licensing authority other than the board; or was denied a license by any such lawful licensing authority other than the board, pursuant to disciplinary proceedings; or was refused the renewal of a license by any such lawful licensing authority other than the board, pursuant to disciplinary proceedings;
(6) Engaged in any unprofessional, immoral, unethical, deceptive, or deleterious con duct or practice harmful to the public, which conduct or practice materially affects the fit ness of the licensee or applicant to practice a business or profession licensed under this title, or of a nature likely to jeopardize the interest of the public, which conduct or practice need not have resulted in actual injury to any person or be directly related to the practice of the licensed business or profession but shows that the licensee or applicant has committed any act or omission which is indicative of bad moral character or untrustworthiness; unprofes sional conduct shall also include any departure from, or the failure to conform to, the mini mal standards of acceptable and prevailing practice of the business or profession licensed under this title;
(7) Knowingly performed any act which in any way aids, assists, procures, advises, or encourages any unlicensed person or any licensee whose license has been suspended or re voked by a state examining board to practice a business or profession licensed under this title or to practice outside the scope of any disciplinary limitation placed upon the licensee by the board;
(8) Violated a statute, law, or any rule or regulation of this state, any other state, the state examining board regulating the business or profession licensed under this title, the United States, or any other lawful authority (without regard to whether the violation is criminally punishable), which statute, law, or rule or regulation relates to or in part regu lates the practice of a business or profession licensed under this title, when the licensee or applicant knows or should know that such action is violative of such statute, law, or rule; or violated a lawful order of the board previously entered by the board in a disciplinary hear ing, consent decree, or license reinstatement;
(9) Been adjudged mentally incompetent by a court of competent jurisdiction within or without this state; any such adjudication shall automatically suspend the license of any such person and shall prevent the reissuance or renewal of any license so suspended for as long as the adjudication of incompetence is in effect; or
(10) Displayed an inability to practice a business or profession licensed under this title with reasonable skill and safety to the public or has become unable to practice the licensed business or profession with reasonable skill and safety to the public by reason of illness, use of alcohol, drugs, narcotics, chemicals, or any other type of material.
43-11A-16. (a) After December 31, 1986, it shall be unlawful for any person who is not licensed under this chapter to use the title of licensed dietitian or the letters 'LD' in any words, letters, abbreviations, or insignia or to indicate or imply orally or in writing or in any way that the person is a licensed dietitian.
(b) Any person violating the provisions of subsection (a) of this Code section shall be guilty of a misdemeanor.
43-11A-17. Proceedings under this chapter shall be governed by Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'
43-11A-18. Repealed by Ga. L. 1992, p. 3137, 12, effective July 1, 1992.
43-11A-19. The requirements of this chapter shall not apply to:
(1) The activities and services of a nonresident rendered not more than 30 days during any year if the person is authorized to perform the activities and services under the law of the state or country of his residence; or
(2) The activities and services of licensed members of other professions, such as physi cians and registered nurses.",

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in its entirety and inserting in lieu thereof a new Chapter 11A to read as follows:
"CHAPTER 11A
43-11A-1. This chapter shall be known and may be cited as the 'Dietetics Practice Act."
43-11A-2. The General Assembly acknowledges that the application of scientific knowl edge relating to nutrition is important in the treatment of disease and in the attainment and maintenance of health; and acknowledges further that the rendering of sound dietetic or nutrition services in hospitals, nursing homes, school districts, health departments, private practice and consultation, and in other settings requires trained and competent profession als. It is declared, therefore, to be the purpose of this chapter to protect the health, safety, and welfare of the public by providing for the licensure and regulation of the activities of persons engaged in dietetic practice.
43-11A-3. As used in this chapter, the term:
(1) 'Advertise' means, but is not limited to, the issuing of or causing to be distributed any card, sign, or other device or the causing or permitting any sign or marking on or in any building or structure, or in any newspaper, magazine, or directory or announcement on radio or announcement or display on television.
(2) 'Applicant' means any person seeking a license under this chapter.
(3) 'Board' means the Georgia Board of Examiners of Licensed Dietitians established by this chapter.
(4) 'Dietetic practice' or 'dietetics' means the integration and application of principles derived from the sciences of nutrition, biochemistry, food, physiology, management, and be havioral and social sciences to achieve and maintain client health through the provision of nutrition care services, which shall include:
(A) Assessing the nutritional needs of individuals and groups based upon appropriate biochemical, anthropometric, physical, and dietary data to determine nutrient needs and recommend appropriate intake including enteral and parenteral nutrition;
(B) Establishing priorities, goals, and objectives which meet nutritional needs and are consistent with available resources;
(C) Providing dietetic nutrition counseling by advising and assisting individuals or groups on appropriate nutritional intake by integrating information from the nutritional assessment with information on food and other sources of nutrients and meal preparation consistent with cultural background and socioeconomic status;
(D) Developing, implementing, and managing nutrition care delivery systems; and
(E) Evaluating, making changes in, and maintaining standards of quality in food and nutrition care services.
(5) 'Dietitian' means a person licensed under this chapter.
(6) 'Provisionally licensed dietitian' means a person provisionally licensed under this chapter.
(7) 'Registered dietitian' means a person registered by the Commission on Dietetic Re gistration of the American Dietetic Association.
43-11A-4. (a) There is created the Georgia Board of Examiners of Licensed Dietitians. The board shall consist of seven members as follows:
(1) Six members shall be dietitians with at least one member from each of the following areas of dietetic practice: clinical dietetics; community/public health dietetics; an educator on the faculty of a college or university specializing in the field of dietetics; and the private practice of dietetics; and
(2) One member shall represent the public at large.
(b) The Georgia Board of Examiners of Licensed Dietitians existing immediately prior

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to July 1, 1993, is continued in existence and shall continue to consist of seven members to be appointed by the Governor with the confirmation of the Senate. Members of the board shall take office on the first day of July immediately following the expired terms of that office and shall serve for a term of four years and until their successors are appointed and qualified. Those persons serving as members of the board immediately prior to July 1, 1993, shall continue to serve out their respective terms of office and until their respective succes sors are appointed and qualified. Any person appointed to the board when the Senate is not in session may serve on the board without Senate confirmation until the Senate acts on that appointment. No member shall serve on the board for more than two consecutive terms. Any vacancy shall be filled by the Governor subject to confirmation of the Senate.
(c) All members of the board shall be reimbursed as provided for in subsection (f) of Code Section 43-1-2.
(d) All members of the board shall take the constitutional oath of office.
43-11A-5. (a) Professional members of the board shall:
(1) Be citizens of the United States and residents of this state;
(2) Have engaged in the dietetic practice for compensation for not less than five years; and
(3) Be licensed under this chapter.
(b) Consumer members of the board shall be appointed by the Governor from the pub lic at large, shall be citizens of the United States and residents of this state, and shall have no connection whatsoever with dietetic practice.
(c) The Governor may remove members of the board, after notice and opportunity for hearing, for incompetence, neglect of duty, unprofessional conduct, conviction of any felony, failure to meet the qualifications of this chapter, or committing any act prohibited by this chapter.
43-11A-6. (a) The board shall meet annually and shall elect from its members a chairperson, vice-chairperson, and any other officers as deemed necessary who shall hold office according to the rules adopted by the board. In addition to its annual meeting, the board shall hold at least two other meetings each year as provided by the rules adopted by the board.
43-11A-7. (a) This board shall have the power to:
(1) Enforce the provisions of this chapter and it shall be granted all of the necessary duties, powers, and authority to carry out this responsibility;
(2) Draft, adopt, amend, repeal, and enforce such rules as it deems necessary for the administration and enforcement of this chapter in the protection of public health, safety, and welfare;
(3) License duly qualified applicants by examination, endorsement, or reinstatement;
(4) Implement the disciplinary process;
(5) Enforce qualifications for licensure;
(6) Set standards for competency of licensees continuing in or returning to practice;
(7) Issue orders when a license is surrendered to the board while a complaint, investiga tion, or disciplinary action against such license is pending;
(8) Adopt, revise, and enforce rules regarding the advertising by licensees including, but not limited to, rules to prohibit false, misleading, or deceptive practices;
(9) Adopt, publish, and enforce a code of ethics;
(10) Establish examination and licensing fees;

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(11) Request and receive the assistance of state educational institutions or other state agencies;
(12) Prepare information of consumer interest describing the regulatory functions of the board and describing the procedures by which consumer complaints are filed with and re solved by the board. The board shall make the information available to the general public and appropriate state agencies;
(13) Establish continuing education requirements; and
(14) Adopt a seal which shall be affixed only in such manner as prescribed by the board.
43-11A-8. The board may grant, upon application and payment of proper fees, a license without examination to a person who, at the time of application, either:
(1) Holds a valid license as a licensed dietitian issued by another state, political terri tory, or jurisdiction acceptable to the board if, in the board's opinion, the requirements for that license are substantially equal to or greater than the requirements of this chapter; or
(2) Presents evidence satisfactory to the board that the applicant is registered as a reg istered dietitian by the Commission on Dietetic Registration of the American Dietetic Asso ciation or its successor organization.
43-11A-9. Each applicant for a license as a dietitian shall be at least 18 years of age, shall have submitted a completed application upon a form and in such manner as the board prescribes, accompanied by applicable fees, and shall be in compliance with the following requirements:
(1) Receipt of a baccalaureate or higher degree from a college or university accredited by the Southern Association of Schools and Colleges or any other regional accreditation agency with a major course of study in dietetics, human nutrition, food and nutrition, nutri tion education, or food systems management;
(2) Satisfactory completion of a documented, supervised experience component in die tetic practice of not less than 900 hours supervised by a licensed dietitian or registered dietitian as prescribed by the board;
(3) Successful completion for an examination as required by Code Section 43-11A-13; and
(4) Completion of such other requirements as may be prescribed by the board.
43-11A-10. A provisional permit to practice as a provisionally licensed dietitian under the supervision of a dietitian may be issued by the board upon the filing of an application with appropriate fees and submission of evidence of successful completion of a substantial portion of the requirements for licensure as provided by Code Section 43-11A-9, at the dis cretion of the board. The permit shall be issued for one year and may be renewed at the discretion of the board for a length of time determined by the board. A renewal fee may be required by the board to maintain a provisional license.
43-11A-11. The board may require that all applications be made under oath.
43-11A-12. After evaluation of an application and other evidence submitted, the board shall notify each applicant that the application and evidence submitted are satisfactory and accepted or unsatisfactory and rejected. If rejected, the notice shall state the reasons for the rejection.
43-11A-13. (a) Examinations to determine competence shall be administered to quali fied applicants at least twice each calendar year. The examinations may be administered by a national testing service. The board shall prescribe or develop the examinations which may include an examination given by the Commission on Dietetic Registration of the American Dietetic Association or any other examination approved by two-thirds' vote of the board.
(b) The board shall notify each examinee of the results of the examination.

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43-11A-14. (a) A license issued by the board is the property of the board and must be surrendered on demand.
(b) The licensee shall display the license certificate in an appropriate and public manner.
(c) The licensee shall inform the board of any change of address.
(d) The license shall be renewed biennially if the licensee is not in violation of this chapter at the time of application for renewal and if the applicant fulfills current require ments of continuing education as established by the board.
(e) Each person licensed under this chapter is responsible for renewing his or her li cense before the expiration date.
(f) Under procedures and conditions established by the board, a licensee may request that his or her license be declared inactive. The licensee may apply for active status at any time and upon meeting the conditions set by the board shall be declared active.
43-11A-15. The board may refuse to grant or renew a license to an applicant; administer a public or private reprimand, but a private reprimand shall not be disclosed to any person except the licensee; suspend any licensee for a definite period or for an indefinite period in connection with any condition which may be attached to the restoration of said license; limit or restrict any licensee as the board deems necessary for the protection of the public; revoke any license; condition the penalty upon, or withhold formal disposition pending, the appli cant's or licensee's submission to such care, counseling, or treatment as the board may di rect; or impose a fine not to exceed $500.00 for each violation of a law, rule, or regulation relating to the profession regulated by this chapter, upon a finding by a majority of the entire board that the licensee or applicant has:
(1) Failed to demonstrate the qualifications or standards for a license contained in this Code section, or under the laws, rules, or regulations under which licensure is sought or held; it shall be incumbent upon the applicant to demonstrate to the satisfaction of the board that said applicant meets all the requirements for the issuance of a license, and, if the board is not satisfied as to the applicant's qualifications, it may deny a license without a prior hearing; provided, however, that the applicant shall be allowed to appear before the board if he or she so desires;
(2) Knowingly made misleading, deceptive, untrue, or fraudulent representations in the practice of a business or profession licensed under this title or on any document connected therewith; or practiced fraud or deceit or intentionally made any false statement in ob taining a license to practice the licensed business or profession; or made a false statement or deceptive registration with the board;
(3) Been convicted of any felony or of any crime involving moral turpitude in the courts of this state or any other state, territory, or country or in the courts of the United States; as used in this paragraph and paragraph (4) of this Code section, the term 'felony' shall include any offense which, if committed in this state, would be deemed a felony, without regard to its designation elsewhere; and, as used in this paragraph, the term 'conviction' shall include a finding or verdict of guilty or a plea of guilty, regardless of whether an appeal of the conviction has been sought;
(4) Been arrested, charged, and sentenced for the commission of any felony, or any crime involving moral turpitude, where:
(A) A plea of nolo contendere was entered to the charge;
(B) First offender treatment without adjudication of guilt pursuant to the charge was granted; or
(C) An adjudication or sentence was otherwise withheld or not entered on the charge.
The plea of nolo contendere or the order entered pursuant to the provisions of Article 3 of

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Chapter 8 of Title 42, relating to probation of first offenders, or other first offender treat ment shall be conclusive evidence of arrest and sentencing for such crime;
(5) Had his or her license to practice a business or profession licensed under this title revoked, suspended, or annulled by any lawful licensing authority other than the board; or had other disciplinary action taken against him or her by any such lawful licensing authority other than the board; or was denied a license by any such lawful licensing authority other than the board, pursuant to disciplinary proceedings; or was refused the renewal of a license by any such lawful licensing authority other than the board, pursuant to disciplinary proceedings;
(6) Engaged in any unprofessional, immoral, unethical, deceptive, or deleterious con duct or practice harmful to the public, which conduct or practice materially affects the fit ness of the licensee or applicant to practice a business or profession licensed under this title, or of a nature likely to jeopardize the interest of the public, which conduct or practice need not have resulted in actual injury to any person or be directly related to the practice of the licensed business or profession but shows that the licensee or applicant has committed any act or omission which is indicative of bad moral character or untrustworthiness; unprofes sional conduct shall also include any departure from, or the failure to conform to, the mini mal standards of acceptable and prevailing practice of the business or profession licensed under this title;
(7) Knowingly performed any act which in any way aids, assists, procures, advises, or encourages any unlicensed person or any licensee whose license has been suspended or re voked by a state examining board to practice a business or profession licensed under this title or to practice outside the scope of any disciplinary limitation placed upon the licensee by the board;
(8) Violated a statute, law, or any rule or regulation of this state, any other state, the state examining board regulating the business or profession licensed under this title, the United States, or any other lawful authority, without regard to whether the violation is criminally punishable, which statute, law, or rule or regulation relates to or in part regulates the practice of a business or profession licensed under this title, when the licensee or appli cant knows or should know that such action is violative of such statute, law, or rule or regulation; or violated a lawful order of the board previously entered by the board in a disciplinary hearing, consent decree, or license reinstatement;
(9) Been adjudged mentally incompetent by a court of competent jurisdiction within or outside of this state; any such adjudication shall automatically suspend the license of any such person and shall prevent the reissuance or renewal of any license so suspended for as long as the adjudication of incompetence is in effect; or
(10) Displayed an inability to practice a business or profession licensed under this title with reasonable skill and safety to the public or has become unable to practice the licensed business or profession with reasonable skill and safety to the public by reason of illness, use of alcohol, drugs, narcotics, chemicals, or any other type of material.
43-11A-16. (a) Only a person licensed or otherwise authorized to practice under this article shall be engaged in dietetic practice or use the title 'dietitian,' or use the letters 'LD,' or any facsimile thereof, or represent themselves to the public as a dietitian.
(b) Notwithstanding any other provisions of this Code section, a person duly registered as a registered dietitian shall have the right to use the title 'registered dietitian,' the desig nation 'RD,' or any facsimile thereof.
(c) Any person violating the provisions of subsection (a) of this Code section shall be guilty of a misdemeanor.
43-11A-17. Proceedings under this chapter shall be governed by Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'

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43-11A-18. Nothing in this chapter shall be construed to affect or prevent:
(1) A dietetic technician or a certified dietary manager in a health care facility or a student enrolled in an approved academic program in dietetics from engaging in the practice of dietetics under the supervision of a licensed dietitian;
(2) A dietitian who is serving in the armed forces of the United States or any other federal agency from engaging in the practice of dietetics provided such practice is related to service or employment;
(3) Persons licensed to practice the professions of dentistry, medicine, osteopathy, chi ropractic, nursing, or pharmacy from engaging in the practice of dietetics when incidental to the practice of their profession, except that such persons may not use the title 'dietitian';
(4) A nonresident registered dietitian from practicing dietetics in this state for five days without a license or up to 30 days per year with licensure from another state if the require ments for licensure are substantially equal to the requirements contained in this chapter;
(5) Employees of a department, agency, or division of state, county, or local government from engaging in the practice of dietetics within the discharge of official duties when such practice is directed by a dietitian licensed under this chapter;
(6) Persons who were engaged in dietetic practice prior to July 1, 1993, but the prohibi tion of Code Section 43-11A-16 shall apply to such persons on and after July 1, 1994;
(7) Persons who provide weight control services, provided the weight control program has been reviewed by, consultation is available from, and no program change can be initi ated without the prior approval of either a dietitian licensed under this chapter, a dietitian licensed in another state which has licensure requirements which are substantially equal to the requirements contained in this chapter, or a registered dietitian;
(8) Persons from marketing or distributing food, food materials, or dietary or food sup plements or persons from engaging in an explanation of the use or preparation of these products, or from furnishing nonfraudulent general nutrition information related to such products in connection with the marketing or distribution of such products, except that such persons shall not use the title 'dietitian' and shall not designate themselves by any other term or title which implies that such persons are engaged in dietetic practice; or
(9) The practice of the tenets of any religion, sect, or denomination whatsoever, pro vided that a member of such religion, sect, or denomination shall not use the title 'dietitian' and shall not designate himself or herself by any other term or title which implies that such member is engaged in dietetic practice.
43-11A-19. A person who does not meet the requirements for licensure under this chap ter but who has been employed as a nutritionist under the state or a county merit system for at least five years prior to July 1, 1992, and who makes application for licensure as a dietitian prior to July 1, 1994, may be granted a license as a dietitian if he or she pays the required fee and complies with the continuing education requirements established by the board."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
Senator Burton of the 5th offered the following amendment:
Amend the substitute to SB 20 offered by the Senate Committee on Health and Human Services by adding on page 29 after line 4 a new subsection (10) as follows:
"(10) A person from providing oral nutritional information as an operator or employee of a health food store or business that sells health products, including dietary supplements, foods or food materials, or disseminating written nutrition information in connection with the distribution of such products.".

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On the adoption of the amendment, the yeas were 41, nays 3, and the amendment was adopted.

On the adoption of the substitute, the yeas were 43, nays 2, 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 Balfour Baugh Blitch Boshears Brown of 26th Burton Cheeks Clay Coleman Edge Egan Farrow Gillis

Glanton Gochenour Harbison Henson Hill Hooks Isakson Kemp Langford of 29th Madden Newbill Oliver Parrish Perdue

Pollard Ragan of llth Ragan of 32nd Ray Robinson Scott Slotin Starr Taylor Thomas Thompson Turner Tysinger Walker

Those voting in the negative were Senators:

Abernathy Bowen Dawkins Day

Dean Hemmer Huggins Langford of 35th

Marable Middleton Ralston

Those not voting were Senators:

Broun of 46th

Crotts (excused)

Garner (presiding)

On the passage of the bill, the yeas were 42, nays 11.

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

Senator Marable of the 52nd introduced students, football team, coaches and staff of the Cave Spring Georgia School for the Deaf, who were commended by SR 52, adopted previously, and Head Coach Sam Niemeier briefly addressed the Senate.

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

SB 47. By Senator Walker of the 22nd:
A bill to amend Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, so as to prohibit certain motor vehicle insurers and insurance policies from requiring the use of certain companies or locations for glass replacement or repair services or products insured by such policies; to prohibit certain acts in furtherance of the prohibition.

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The Senate Insurance and Labor Committee offered the following substitute to SB 47:
A BILL
To be entitled an Act to amend Chapter 34 of Title 33 of the Official Code of Georgia Annotated, known as the "Georgia Motor Vehicle Accident Reparations Act," so as to pro hibit certain acts relative to the use of certain motor vehicle repair facilities; to require an estimate for repair work to contain or have attached a notice with regard to repair facilities; to require motor vehicle glass replacement businesses to provide the name of the brand of glass provided; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 34 of Title 33 of the Official Code of Georgia Annotated, known as the "Georgia Motor Vehicle Accident Reparations Act," is amended by striking in its en tirety Code Section 33-34-6, relating to the selection of motor vehicle repair facilities, and inserting in lieu thereof a new Code Section 33-34-6 to read as follows:
"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 rcault 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 or lesser cost from another source.
(e^ (b) Nothing contained in thia Code acction ahall affect the rights of any insurer or insured pursuant to the provisions of the policy of insurance. No insurer, including any agent or adjuster for such insurer, shall engage in any act or practice of intimidation, coer cion, or threat with respect to the insured under such policy; provided, however, when an insurer has made prior arrangements with a repair facility or repair facilities that allow the insurer to guarantee repair work, under no circumstances shall an explanation of such ar rangement made in the ordinary course of business by an insurer or an adjuster to an in sured be interpreted to be threatening, coercive, or intimidating.
(c) Any written estimate for the repair of a motor vehicle prepared by an insurance adjuiter or a motor vehicle repair facility shall contain or have attached thereto the follow ing notice?
'NO INSURER MAY REQUIREA PERSON MAKING ACCLAIM UNDER A MOTOK"yEHICLE II4SURANCE POLICY TO USE A PARTICULAR REPAIR FACILITY IN ORDER TO SETTLE A CLAIM IF THE PERSON MAKING THE CLAIM CAN'OB TAIN THE REPAIR VVORK ON THE MOTOR VEHICLE AT THE SAME OR LESSER COST FROM ANOTHER SOURCE.'
requi mentshall furnishi that insured with the name of the type or brand of glassToeing so provided^
(e) 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."
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 SB 47 offered by the Senate Committee on Insurance and Labor by deleting on page 2, beginning on line 12, the words:
"under no circumstances shall an explanation of such arrangement made in the ordi nary course of business by an insurer or an adjuster to an insured",

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and inserting in its place the following: "the existence of such agreement shall not".

On the adoption of the amendment, the yeas were 40, nays 2, and the amendment was adopted.

On the adoption of the substitute, the yeas were 41, nays 1, and the substitute was adopted as amended.

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

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

Those voting in the affirmative were Senators:

Abernathy Alien Balfour Baugh Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cheeks Clay Coleman Dawkins Day Dean Edge Farrow

Gillis Glanton Gochenour Harbison Hemmer Henson Hill Hooks Huggins Isakson Kemp Langford of 35th Langford of 29th Madden Marable Middleton Newbill Oliver

Parrish Perdue Pollard Ragan of llth Ragan of 32nd Ralston Ray Robinson Scott Slotin Starr Taylor Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Crotts (excused)

Egan

Garner (presiding)

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

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

SB 41. By Senators Newbill of the 56th, Clay of the 37th, Glanton of the 34th and others:
A bill to amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions regarding torts, so as to provide for immunity from liability for certain persons who voluntarily and without the expectation or re ceipt of compensation provide certain services for and at the request and sanc tion of a public school upon public school property or at a public school spon sored function.

The Senate Committee on Special Judiciary offered the following substitute to SB 41:

A BILL To be entitled an Act to amend Chapter 1 of Title 51 of the Official Code of Georgia

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561

Annotated, relating to general provisions regarding torts, so as to provide for immunity from liability for certain persons who voluntarily and without the expectation or receipt of com pensation provide certain services for and at the request and sanction of a public school or private school upon public school or private school property or at a public school or private school sponsored function and to provide immunity from liability for public schools or pri vate schools which request, sponsor, or participate in providing those services; to provide for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions regarding torts, is amended by adding after Code Section 51-1-30.2 a new Code section to read as follows:
"51-1-30.3. (a) Without waiving or affecting and cumulative of any existing immunity from any source, unless it is established that injuries or death were caused by gross negli gence or willful or wanton misconduct:
(1) No person who voluntarily and without the expectation or receipt of compensation provides services for and at the request and sanction of a public school or private school which does not expect or receive compensation with respect to such services from the recipi ent of such services; or
(2) No public school or private school which requests, sponsors, or participates in the providing of the services under the circumstances provided in paragraph (1) of this subsection
shall be liable for damages or injuries alleged to have been sustained by another person or damages for the injury or death of the other person when the injuries or death are alleged to have occurred by reason of an act or omission occurring on school property in the rendering of such services if such services are provided upon school property or at a school sponsored function.
(b) This Code section shall not apply to any incident or incidents arising out of the operation of a motor vehicle or motor vehicles.
(c) This Code section shall not apply to persons licensed to practice medicine under Chapter 34 of Title 43.
(d) This Code section shall apply only to causes of action arising on or after July 1, 1993."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
Senator Newbill of the 56th offered the following amendment:
Amend the substitute to SB 41 offered by the Senate Committee on Special Judiciary by adding before the period on line 19 of page 2 the following:
", nor to persons who are licensed under Title 43 as chiropractors, dentists, registered professional nurses, optometrists, physicians assistants, podiatrists, or audiologists, nor to persons who are licensed under Chapter 4 of Title 26 as pharmacists, but shall only be inapplicable to such persons when they are performing duties or functions which they are only authorized to perform pursuant to their respective licenses".
Senator Garner of the 30th offered the following amendment:
Amend the substitute to SB 41 offered by the Senate Committee on Special Judiciary by striking lines 17 through 19 of page 2.
By striking "(d)" and inserting "(c)" on line 20 of page 2.
Senator Dean of the 31st moved that SB 41 be placed on the Table.

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On the motion, the yeas were 33, nays 0; the motion prevailed, and SB 41 was placed on the Table.
SB 120. By Senators Edge of the 28th and Clay of the 37th: A bill to amend Article 1 of Chapter 19 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions relative to attorneys, so as to provide that unless otherwise provided by law and unless an actual conflict of interest should arise, an attorney may serve as an attorney for a county, municipal corpo ration, or school board and at the same time serve as a part-time judge.
Senators Edge of the 28th and Pollard of the 24th offered the following amendment:
Amend SB 120 by inserting on line 16 of page 1 following the word "attorney" the following:
"or his or her partner or associate".
Also by inserting on line 18 of page 1 following the word "county," the following: "juvenile,".
On the adoption of the amendment offered by Senators Edge of the 28th and Pollard of the 24th, the yeas were 38, nays 0, and the amendment was adopted.
Senator Kemp of the 3rd offered the following amendment:
Amend SB 120 by striking the word "actual" on line 15, page 1, and changing the word "an" on line 15, page 1, to the word "a".
On the adoption of the amendment offered by Senator Kemp of the 3rd, the yeas were 40, nays 0, and the amendment was adopted.
The Senate Committee on Special Judiciary offered the following substitute to SB 120:
A BILL
To be entitled an Act to amend Code Section 15-1-8 of the Official Code of Georgia Annotated, relating to when judge or judicial officer is disqualified, so as to provide for refusal by part-time judges in certain cases where a conflict of interest exists; to provide that in certain cases where a conflict exists that the case may be transferred to state or superior court; to provide that a part-time judge or his or her partner or associate shall not be disqualified or prohibited from serving as legal counsel for local governments; 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 15-1-8 of the Official Code of Georgia Annotated, relating to when judge or judicial officer is disqualified, is amended by inserting at the end thereof a new subsection to read as follows:
"(d) In all cases in which a part-time judge has an actual conflict because such judge or his or her partner or associate represents a governmental agency or entity, a subdivision of government, or any other client, the judge will recuse himself or herself or, with the permis sion of the parties, transfer the case to the state or superior court, but such judge, partner, or associate will not otherwise be disqualified or prohibited from serving as attorney for such governmental entities."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 0, nays 41, and the substitute was lost.

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563

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:

Abernathy Alien Balfour Baugh Blitch Boshears Bowen Broun of 46th Burton Cheeks Coleman Dawkins
Dean Edge Egan Farrow Gillis

Glanton Gochenour Harbison Hemmer Henson Hill Hooks Huggins Isakson Kemp Langford of 35th Langford of 29th Madden Marable Middleton Newbill Oliver

Parrish Perdue Pollard Ragan of llth Ragan of 32nd Ralston Rav Robinson Scott Slotin Starr Taylor Thomas Thompson Turner Tysinger Walker

Voting in the negative was Senator Brown of the 26th.

Those not voting were Senators:

Clay

Crotts (excused)

Garner (presiding)

On the passage of the bill, the yeas were 52, nays 1.

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

SB 148. By Senators Ralston of the 51st and Oliver of the 42nd:
A bill to amend Article 3 of Chapter 7 of Title 19 of the Official Code of Georgia Annotated, relating to the determination of paternity, so as to provide that when a petition to establish paternity has been brought, the court may order genetic testing; to provide that the court may grant temporary child support; to provide for the admission of genetic testing or refusal to submit to such testing as evi dence in court.

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

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

Those voting in the affirmative were Senators:

Abernathy Alien Balfour Baugh Blitch Boshears

Broun of 46th Brown of 26th Burton Cheeks Clay Coleman

Dawkins Day Dean Edge Egan Farrow

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Gillis Glanton Gochenour Harbison Hemmer Henson Hill Hooks Huggins Isakson Kemp

Langford of 35th Langford of 29th Madden Marable Middleton Newbill Oliver Parrish Pollard Ragan of llth Ragan of 32nd

Those not voting were Senators:

Bowen Crotts (excused)

Garner (presiding) Perdue

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

Ralston Ray Robinson Scott Slotin Starr Taylor Thomas Thompson Turner Tysinger
Walker

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

SB 189. By Senator Egan of the 40th:
A bill to amend Article 5 of Chapter 2 of Title 53 of the Official Code of Georgia Annotated, relating to legacies and devises, so as to provide that a guardian and any other fiduciary is authorized to renounce an interest on behalf of the ward, heir, beneficiary, or other person for whom the fiduciary is acting; to provide that a guardian need not have been appointed at the time of the transfer of the prop erty in order to renounce the interest in property transferred.

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

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 Balfour Baugh Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cheeks Clay Coleman Dawkins Day Dean Edge Egan

Gillis Glanton Gochenour Harbison Hemmer Henson Hill Hooks Huggins Isakson Kemp Langford of 35th Langford of 29th Madden Marable Middleton Newbill

Those not voting were Senators:

Abernathy Crotts (excused)

Farrow Garner (presiding)

Oliver Parrish Pollard Ragan of llth Ragan of 32nd Ralston Ray Robinson Scott Slotin Starr Taylor Thomas Thompson Turner Tysinger Walker
Perdue

THURSDAY, FEBRUARY 18, 1993

565

On the passage of the bill, the yeas were 51, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 48. By Senator Walker of the 22nd:
A bill to amend Chapter 39 of Title 43 of the Official Code of Georgia Annotated, relating to psychologists, so as to change a definition; to change certain provi sions relating to the practice of psychology without a license; to change a penalty provision; to amend Code Section 43-34-26 of the Official Code of Georgia Anno tated, relating to practicing medicine without a license, so as to include a refer ence to psychology.
The Senate Committee on Health and Human Services offered the following substitute to SB 48:
A BILL
To be entitled an Act to amend Chapter 39 of Title 43 of the Official Code of Georgia Annotated, relating to psychologists, so as to provide definitions; to change certain provi sions relating to the practice of psychology without a license; to change a penalty provision; to amend Code Section 43-34-26 of the Official Code of Georgia Annotated, relating to prac ticing medicine without a license, so as to include a reference to psychology; to repeal con flicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 39 of Title 43 of the Official Code of Georgia Annotated, relating to psychologists, is amended by striking Code Section 43-39-1, relating to definitions, and in serting in lieu thereof a new Code Section 43-39-1 to read as follows:
"43-39-1. As used in this chapter, the term:
(1) 'Board' means the State Board of Examiners of Psychologists.
(2) 'Neuropsychology' means the subspecialty of psychology concerned with the rela tionship between the brain and behavior, including the diagnosis of brain pathology through the use of psychological tests and assessment techniques.
{2} (3) 'To practice psychology' means to hold oneself out to be a psychologiat and to render oFoffer to render to individuals, groups, organizations, or the public for a fee or any remuneration, monetary or otherwise, any service involving the application of recognized principles, methods, and procedures of the science and profession of psychology, such as, but not limited to, diagnosing and treating mental and nervous disorders^ and illnesses, ren dering opinions concerning diagnoses of mental disorders, including organic brain disorders and brain damage, engaging in neuropsychology, engaging in psychotherapy, interviewing, administering, and interpreting tests of mental abilities, aptitudes, interests, and personality characteristics for such purposes as psychological classification or evaluation, or for educa tion or vocational placement, or for such purposes as psychological counseling, guidance, or readjustment. Nothing in this paragraph shall be construed as permitting the administra tion or prescription of drugs or in any way infringing upon the practice of medicine as de fined in the laws of this state."
Section 2. Said chapter is further amended by striking Code Section 43-39-7, relating to practicing without a license, and inserting in lieu thereof a new Code Section 43-39-7 to read as follows:
"43-39-7. A person who is not licensed under this chapter shall not practice psychology, shall not use the title 'psychologist' 'psychologist,' and shall not imply that he or she is a psychologist. If any person shall practice psychology or hold himself or herself out as being engaged in the practice of psychology and shall not then possess in full force a valid license

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to practice psychology under the laws of this state, this such person shall be in violation of this chapter. The following are exceptions:
(1) Nothing in this chapter shall require licensure for a person who is certified as a school psychologist by the State Board of Education Professional Standards Commission while that person is working as an employee in an educational institution recognized by the State Board of Examiners of Psychologists as meeting satisfactory accreditation standards, provided that no fees are charged directly to clients or through a third party;
(2) Nothing in this chapter shall require licensure for a person who holds a doctoral degree in psychology while that person is working as an employee in a research laboratory, college, or university recognized by the board as meeting satisfactory accreditation stan dards, provided that no fees are charged directly to clients or through a third party;
(3) Nothing in this chapter shall require licensure for a person who prior to July 1, 1008 1997, was engaged in the practice of psychology as an employee of any agency or depart ment of the federal government, state government, or any of their political subdivisions, but only when that person is engaged in that practice as an employee of such department or agency; and
(4) Nothing in this chapter shall be construed to limit the activities and services of a person in the employ of or serving for an established and recognized religious organization, provided that the title 'psychologist' is not used by a person not licensed and that the per son does not imply that he or she is a psychologist;
(5) Persons who hold a doctoral degree in psychology may practice under the supervi sion "of a licensed psychologist in order to obtain the experience required for licensure; and
(6) Nothing in this chapter shall be construed to prohibit any person from engaging in the lawful practice of medicine, nursing, professional counseling, social work, and marriage and family therapy, as provided for under other state law, provided that such person shall not use the title 'psychologist' nor imply that he or she is a psychologist."
Section 3. Said chapter is further amended by striking Code Section 43-39-17, relating to the use of the title "psychologist," and inserting in lieu thereof a new Code Section 43-3917 to read as follows:
"43-39-17. Except as provided in Code Section 43-39-7, a person shall not practice psy chology and shall not use the title 'psychologist' unless he or she is licensed as provided in this chapter. A person who is not licensed as provided in this chapter shall not designate his or her occupation as a psychologist and shall not designate himself or herself by any other term or title which implies that he or she is practicing psychology."
Section 4. Said chapter is further amended by striking Code Section 43-39-19, relating to penalties, and inserting in lieu thereof a new Code Section 43-39-19 to read as follows:
"43-39-19. Any person who violates this chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined no less than $100.00 nor more than $600.00 $1,000.00 and may be imprisoned for a term not to exceed 12 months for such violation."
Section 5. Code Section 43-34-26 of the Official Code of Georgia Annotated, relating to practicing medicine without a license, is amended by striking subsection (b) of said Code section and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) Nothing in this chapter shall be construed to prohibit:
(1) Gratuitous services in cases of emergency;
(2) The practice of the religious tenets or general beliefs of any church whatsoever;
(3) The requiring of a fee for examination by opticians, at their established places of business, who do not prescribe or use drugs or medicines or attach to their names titles indicative that any such persons are engaged in the practice of medicine, as defined in this chapter;

THURSDAY, FEBRUARY 18, 1993

567

(4) The performance of their duties for the federal government by federal physicians, both military and civilian;
(5) The practice of medicine, by an individual appointed as an intern or accepted for specialty or residency training in programs approved by the board, for a period of two years or for such additional period as the board, by application, may determine;
(6) The consultation on special cases in this state of regularly licensed physicians from other states or territories;
(7) The licensed practice of dentistry, optometry, psychology, or chiropractic;
(8) The licensed practice of midwifery or nursing;
(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; the delegation by a physi cian to a qualified person other than a physician's assistant of any acts, duties, or functions which are otherwise permitted by law or established by custom; and the performance of such acts, duties, or functions by such a person other than a physician's assistant; or
(10) The performance of:
(A) Any medical task by a student enrolled in a medical college, osteopathic college, or physician's assistant training program approved by the board; or
(B) Any dental task by a student enrolled in a dental college approved by the Georgia Board of Dentistry where either type task is performed under the supervision of an author ized instructor lawfully licensed in this state to perform such tasks."
Section 6. All laws and parts of laws in conflict with this Act are repealed.

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

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

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

Those voting in the affirmative were Senators:

Alien Balfour Baugh Blitch Boshears Bowen Broun of 46th BBruorwtonn of 26th
Cheeks Coleman Dawkins Day Dean Farrow Gillis

Glanton Gochenour Harbison Hemmer Henson jjjjj Rooka uu^l ns
Kemp Langford of 35th Langford of 29th Madden Marable Middleton Newbill

Oliver Parrish Pollard Ragan of llth Ragan of 32nd ^ Robinson 0f1lot*in
Starr Taylor Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Abernathy Clay

Crotts (excused) Edge

Egan Garner (presiding)

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JOURNAL OF THE SENATE

Isakson Perdue

Ralston

Scott

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

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

SB 141. By Senators Henson of the 55th and Robinson of the 16th:
A bill to amend Code Section 48-9-3 of the Official Code of Georgia Annotated, relating to the levy of excise tax on distributors who sell or use motor fuel and related matters, so as to provide a gallon equivalent for compressed petroleum

The Senate Committee on Finance and Public Utilities offered the following substitute to SB 141:
A BILL
To be entitled an Act to amend Article 1 of Chapter 2 of Title 10 of the Official Code of Georgia Annotated, relating to general provisions relative to weights and measures, so as to define a certain term; to provide that a dispensing device used to dispense compressed natu ral gas shall display the measurement of such gas in a certain manner; to amend Code Sec tion 48-9-3 of the Official Code of Georgia Annotated, relating to the levy of excise tax on distributors who sell or use motor fuel and related matters, so as to provide a gallon equivalent for compressed petroleum gas; 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 10 of the Official Code of Georgia Annotated, relating to general provisions relative to weights and measures, is amended by redesignating Code Sections 10-2-19, 10-2-20, and 10-2-21 as Code Sections 10-2-20, 10-2-21, and 10-2-22, respectively, and by inserting immediately following Code Section 10-2-18 the following:
"10-2-19. (a) As used in this Code Section, the term 'compressed natural gas' means a mixture of hydrocarbon gases and vapors, consisting principally of methane in gaseous form, that has been compressed for use as a motor fuel.
(b) Notwithstanding any provision contained in the National Bureau of Standards Handbook or any other national standard that may be adopted in this state by law or regu lation, any dispensing device used to dispense compressed natural gas for use as a motor vehicle fuel may display the measurement of compressed natural gas in gallon equivalent units or fractions thereof and may compute the sales price of compressed natural gas ac cording to such units or fractions thereof; provided, however, that such gallon equivalent shall contain not less than 110,000 British thermal units."
Section 2. Code Section 48-9-3 of the Official Code of Georgia Annotated, relating to the levy of excise tax on distributors who sell or use motor fuel and related matters, is amended by inserting at the end of subsection (a) the following:
"(4) For purposes of this subsection, and notwithstanding the provisions of paragraph (2) of this subsection and any provision contained in the National Bureau of Standards Handbook or any other national standard that may be adopted by law or regulation, the gallon equivalent of compressed natural gas shall be not less than 110,000 British thermal units. As used in this paragraph, the term 'compressed natural gas' means a mixture of hydrocarbon gases and vapors, consisting principally of methane in gaseous form, that has been compressed for use as a motor fuel."
Section 3. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 38, nays 1, and the substitute was adopted.

THURSDAY, FEBRUARY 18, 1993

569

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:

Balfour Baugh Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cheeks Coleman Dawkins Day Dean
Farrow Gillis

Glanton Gochenour Harbison Hemmer Henson Hooks Huggins Kemp Langford of 35th Langford of 29th Madden Marable Middleton Newbill Oliver

Parrish Pollard Ragan of llth Ragan of 32nd Ray Robinson Scott Slotin Starr Taylor Thomas Thompson Turner Tysinger

Those not voting were Senators:

Abernathy Alien Clay Crotts (excused)

Edge Egan Garner (presiding) Hill

Isakson Perdue Ralston Walker

On the passage of the bill, the yeas were 44, nays 0.

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

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

SR 147. By Senators Perdue of the 18th and Turner of the 8th:
A resolution urging the United States Congress and the United States Depart ment of Education to implement rules governing the student loan program.

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:

Abernathy Balfour Baugh Blitch Boshears Bowen Broun of 46th Brown of 26th Burton

Cheeks Coleman Dawkins Day Dean Farrow Gillis Glanton Gochenour

Harbison Hemmer Henson Hill Hooks Huggins Kemp Langford of 35th Langford of 29th

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JOURNAL OF THE SENATE

Madden Marable Middleton Newbill Oliver Parrish

Perdue Pollard Ragan of llth Ragan of 32nd Ray Robinson

Slotin Taylor Thomas Thompson Turner Tysinger

Those not voting were Senators:

Alien Clay Crotts (excused) Edge

Egan Garner (presiding) Isakson Ralston

Scott Starr Walker

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

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

Senator Robinson of the 16th moved that the Senate do now adjourn until 9:00 o'clock A.M. tomorrow, and the motion prevailed.

At 12:29 o'clock P.M., Senator Garner of the 30th, President Pro Tempore, who was presiding, announced the Senate adjourned until 9:00 o'clock A.M. tomorrow.

FRIDAY, FEBRUARY 19, 1993

571

Senate Chamber, Atlanta, Georgia Friday, February 19, 1993
Twenty-second Legislative Day

The Senate met pursuant to adjournment at 9:00 o'clock A.M. today and was called to order by the President.
Senator Garner of the 30th reported that the Journal of yesterday's proceedings had been read and found correct.
By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House:
HB 604. By Representatives White of the 161st and Roberts of the 162nd:
A bill to amend an Act creating the Dougherty County School System, so as to change the composition of said board of education; to change the education districts.
HB 735. By Representatives McBee of the 88th, Heard of the 89th and Scoggins of the 24th:
A bill to create a board of elections and registration in Athens-Clarke County.
HB 746. By Representatives Mosley of the 171st and Byrd of the 170th:
A bill to amend an Act establishing the State Court of Wayne County, so as to increase the compensation of the judge and solicitor.
HB 353. By Representatives Colwell of the 7th, Dobbs of the 92nd and Greene of the 158th:
A bill to amend Article 2 of Chapter 5 of Title 42 of the Official Code of Georgia Annotated, relating to wardens, superintendents, and other personnel of correc tional institutions of the state and counties, so as to provide that deputy wardens of the various county correctional institutions shall be appointed by the gov erning authority of the county, subject to the approval of the Board of Correc tions, and shall serve at the pleasure of the county or the board.
HB 540. By Representatives Culbreth of the 132nd, Lord of the 121st, Williams of the 114th and Heard of the 89th:
A bill to amend Article 1 of Chapter 23 of Title 33 of the Official Code of Georgia Annotated, relating to the licensing of agents, subagents, adjusters, and counsel ors, so as to define what shall be considered a separate transaction with regard to fees received by insurance counselors.

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HB 352. By Representatives Colwell of the 7th, Dobbs of the 92nd and Greene of the 158th:
A bill to amend Code Section 42-8-35.1 of the Official Code of Georgia Anno tated, relating to special alternative incarceration, so as to provide that such spe cial alternative incarceration shall apply to felony offenses; to provide that the Department of Corrections may extend the confinement period for an additional period not to exceed 30 days as a result of a disciplinary infraction as determined through a formal disciplinary process implemented by the department.
HB 661. By Representatives Smith of the 174th, Tillman of the 173rd and Smith of the 169th:
A bill to amend Code Section 43-46-4 of the Official Code of Georgia Annotated, relating to county licenses for transient merchants, license fees, transfers of li censes, and scope of licenses, so as to change the provisions relating to such li censes and for fees therefor.
HB 223. By Representative Parham of the 122nd:
A bill to amend Chapter 16 of Title 45 of the Official Code of Georgia Annotated, relating to coroners, so as to change the provisions relating to the participation by coroners and deputy coroners in an annual training course.
HB 551. By Representatives Dixon of the 168th, Barnes of the 33rd, Golden of the 177th and Scoggins of the 24th:
A bill to amend Code Section 3-2-13 of the Official Code of Georgia Annotated, relating to the issuance of refunds or credits for taxes paid or stamps purchased, so as to clarify certain provisions pertaining to refunds or credits for taxes paid on alcoholic beverages and for stamps purchased in payment of taxes on alcoholic beverages.
HB 308. By Representatives Benefield of the 96th, Dixon of the 150th, Brooks of the 103rd, Crawford of the 129th and Streat of the 167th:
A bill to amend Code Section 32-6-95 of the Official Code of Georgia Annotated, relating to the applicability of Chapter 13 of Title 50, the "Georgia Administra tive Procedure Act," to outdoor advertising signs, so as to specify time limits for judicial review of a Department of Transportation final agency decision.
The House has adopted by the requisite constitutional majority the following resolu tions of the Senate:
SR 68. By Senator Dean of the 31st:
A resolution designating the Judge W. A. Foster Jr., Bridge.
SR 64. By Senators Starr of the 44th, Robinson of the 16th, Hooks of the 14th and others:
A resolution authorizing the disposition by sale, lease, or exchange of certain state owned improved real properties located in the cities of Americus, Sumter County, Georgia; Lake City, Clayton County, Georgia; and Savannah, Chatham County, Georgia; to provide an effective date.

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The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:
SB 291. By Senator Alien of the 2nd:
A bill to amend Part 4 of Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to minority business enterprise development, so as to change the definition of the term "minority". Referred to Committee on Judiciary.
SB 292. By Senators Gochenour of the 27th, Newbill of the 56th and Glanton of the 34th:
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 for duties of local boards of edu cation and the State Board of Education with regard to sex education courses; to change certain implementation dates; to provide definitions; to provide for effec tive supervision by local boards of education.
Referred to Committee on Education.
SB 293. By Senator Isakson of the 21st:
A bill to amend Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, so as to repeal limitations permitted in accident and sickness insurance benefit policies with respect to the coverage of inpatient or outpatient treatment of mental disorders; to change the definition of a certain term; to change certain provisions relating to coverage of treatment of mental disorders. Referred to Committee on Insurance and Labor.
SB 294. By Senators Robinson of the 16th, Hooks of the 14th and Gillis of the 20th:
A bill to amend Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, so as to provide that the director of the Envi ronmental Protection Division of the Department of Natural Resources shall compile and update an inventory of hazardous sites in this state; to provide for certain rules and regulations of the Board of Natural Resources; to provide for certain notices to certain property owners. Referred to Committee on Natural Resources.
SB 295. 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 wholesale distribution by out-of-state principals and the relationship between a principal and a sales representative, so as to change a definition; to provide for applicability of said article to principals located in this state. Referred to Committee on Special Judiciary.
SB 296. By Senators Balfour of the 9th, Isakson of the 21st, Starr of the 44th and others:
A bill to amend Code Section 48-5-311 of the Official Code of Georgia Annotated, relating to the creation of county boards of equalization and their duties regard ing review of assessments and appeal procedures, so as to provide for filing by mail; to provide for appeals of assessments; to provide for forms of appeals; to provide a time limitation for responses to appeals; to provide for open hearings. Referred to Committee on Urban and County Affairs (General).

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SB 297. By Senator Edge of the 28th:
A bill to amend an Act creating a new charter for the City of Newnan, as amended, so as to provide for additional powers, duties, and authority of the mayor and council of the City of Newnan with respect to cable television services and systems; to provide for legislative intent; to provide for purposes; to provide for eminent domain; to provide for issuance of bonds. Referred to Committee on Urban and County Affairs.
SR 21. By Senators Isakson of the 21st, Garner of the 30th, Thompson of the 33rd and Clay of the 37th:
A resolution creating the Atlanta Campaign Commission. Referred to Committee on Economic Development, Tourism and Cultural Affairs.
SR 189. By Senator Isakson of the 21st:
A resolution urging the State School Superintendent and the State Board of Ed ucation to embrace the Olympic Spirit and create an Olympic Challenge in our public schools to motivate faculties, students, and parents to accelerate academic improvement throughout the public schools of Georgia. Referred to Committee on Education.
The following bills of the House were read the first time and referred to committees:
HB 223. By Representative Parham of the 122nd:
A bill to amend Chapter 16 of Title 45 of the Official Code of Georgia Annotated, relating to coroners, so as to change the provisions relating to the participation by coroners and deputy coroners in an annual training course. Referred to Committee on Public Safety.
HB 308. By Representatives Benefield of the 96th, Dixon of the 150th, Brooks of the 103rd and others:
A bill to amend Code Section 32-6-95 of the Official Code of Georgia Annotated, relating to the applicability of Chapter 13 of Title 50, the "Georgia Administra tive Procedure Act," to outdoor advertising signs, so as to specify time limits for judicial review of a Department of Transportation final agency decision. Referred to Committee on Transportation.
HB 352. By Representatives Colwell of the 7th, Dobbs of the 92nd and Greene of the 158th:
A bill to amend Code Section 42-8-35.1 of the Official Code of Georgia Anno tated, relating to special alternative incarceration, so as to provide that such spe cial alternative incarceration shall apply to felony offenses; to provide that the Department of Corrections may extend the confinement period for an additional period not to exceed 30 days as a result of a disciplinary infraction as determined through a formal disciplinary process implemented by the department. Referred to Committee on Corrections.
HB 353. By Representatives Colwell of the 7th, Dobbs of the 92nd and Greene of the 158th:
A bill to amend Article 2 of Chapter 5 of Title 42 of the Official Code of Georgia Annotated, relating to wardens, superintendents, and other personnel of correc tional institutions of the state and counties, so as to provide that deputy wardens

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of the various county correctional institutions shall be appointed by the gov erning authority of the county, subject to the approval of the Board of Correc tions, and shall serve at the pleasure of the county or the board. Referred to Committee on Corrections.
HB 540. By Representatives Culbreth of the 132nd, Lord of the 121st, Williams of the 114th and Heard of the 89th: A bill to amend Article 1 of Chapter 23 of Title 33 of the Official Code of Georgia Annotated, relating to the licensing of agents, subagents, adjusters, and counsel ors, so as to define what shall be considered a separate transaction with regard to fees received by insurance counselors.
Referred to Committee on Insurance and Labor.
HB 551. By Representatives Dixon of the 168th, Barnes of the 33rd, Golden of the 177th and Scoggins of the 24th: A bill to amend Code Section 3-2-13 of the Official Code of Georgia Annotated, relating to the issuance of refunds or credits for taxes paid or stamps purchased, so as to clarify certain provisions pertaining to refunds or credits for taxes paid on alcoholic beverages and for stamps purchased in payment of taxes on alcoholic beverages.
Referred to Committee on Consumer Affairs.
HB 661. By Representatives Smith of the 174th, Tillman of the 173rd and Smith of the 169th: A bill to amend Code Section 43-46-4 of the Official Code of Georgia Annotated, relating to county licenses for transient merchants, license fees, transfers of li censes, and scope of licenses, so as to change the provisions relating to such li censes and for fees therefor.
Referred to Committee on Urban and County Affairs (General).
HB 604. By Representatives White of the 161st and Roberts of the 162nd: A bill to amend an Act creating the Dougherty County School System, so as to change the composition of said board of education; to change the education districts.
Referred to Committee on Urban and County Affairs.
HB 735. By Representatives McBee of the 88th, Heard of the 89th and Scoggins of the 24th: A bill to create a board of elections and registration in Athens-Clarke County.
Referred to Committee on Urban and County Affairs.
HB 746. By Representatives Mosley of the 171st and Byrd of the 170th: A bill to amend an Act establishing the State Court of Wayne County, so as to increase the compensation of the judge and solicitor.
Referred to Committee on Urban and County Affairs.
The following reports of standing committees were read by the Secretary:
Mr. President:
The Committee on Finance and Public Utilities has had under consideration the follow-

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ing bills and resolution of the House and has instructed me to report the same back to the Senate with the following recommendations:

HB 87. Do pass. HB 218. Do pass.

HB 328. Do pass. HB 454. Do pass.

HB 229. Do pass.

HR 167. Do pass.

Respectfully submitted,

Mr. President:

Senator Starr of the 44th District, Chairman

The Committee on Health and Human Services has had under consideration the follow ing bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SB 15. Do pass.

SB 201. Do pass.

SB 137. Do pass by substitute.

HB 293. Do pass.

Respectfully submitted,

Senator Walker of the 22nd District, Chairman

Mr. President:

The Committee on Insurance and Labor has had under consideration the following bill of the House and has instructed me to report the same back to the Senate with the follow ing recommendation:
HB 77. Do pass.
Respectfully submitted,
Senator Pollard of the 24th District, Chairman Mr. President:

The Committee on Natural Resources has had under consideration the following bills and resolution of the Senate and has instructed me to report the same back to the Senate with the following recommendations:
SB 225. Do pass. SB 271. Do pass. SR 173. Do pass.
Respectfully submitted,
Senator Gillis of the 20th District, Chairman Mr. President:

The Committee on Natural Resources has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SB 275. Do pass by substitute.
Respectfully submitted,
Senator Gillis of the 20th District, Chairman Mr. President:

The Committee on Special Judiciary has had under consideration the following bills of

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577

the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SB 237. Do pass as amended. HB 71. Do pass by substitute.

HB 73. Do pass. HB 75. Do pass.

HB 72. Do pass.

HB 139. Do pass as amended.

Respectfully submitted,

Senator Egan of the 40th District, Chairman

Mr. President:

The Committee on Transportation 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:
SB 92. Do pass by substitute. HR 119. 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 643. Do pass. HB 673. Do pass.

HB 687. Do pass. HB 697. Do pass.

Respectfully submitted,

Senator Thompson of the 33rd District, Chairman

Mr. President:

The Committee on Youth, Aging and Human Ecology has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SB 222. Do pass by substitute.
Respectfully submitted,
Senator Marable of the 52nd District, Chairman

Mr. President:

The Committee on Youth, Aging and Human Ecology has had under consideration the following bills and resolution of the House and Senate and has instructed me to report the same back to the Senate with the following recommendations:

HB 294. Do pass. HB 299. Do pass.

SB 197. Do pass. SR 152. Do pass.

Respectfully submitted,

Senator Marable of the 52nd District, Chairman

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The following bills and resolutions of the Senate and House were read the second time:
SB 99. By Senator Newbill of the 56th:
A bill to amend Article 2 of Chapter 16 of Title 45 of the Official Code of Georgia Annotated, known as the "Georgia Death Investigation Act," so as to redefine "autopsy" and "limited dissection"; to provide that tissues may be retained for additional studies; to provide that the county medical examiner shall be notified when any person dies after having been admitted to a hospital in an unconscious state and without regaining consciousness within 24 hours of admission.
SB 123. By Senators Clay of the 37th, Newbill of the 56th and Egan of the 40th:
A bill to amend Article 3 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to cancellation, suspension, and revocation of drivers' li censes, so as to provide that a person convicted of operating a motor vehicle without a probationary license after being declared a habitual license commits an oifense requiring mandatory suspension.
SB 143. By Senator Newbill of the 56th:
A bill to amend Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to housing generally, so as to provide for requirements for home inspec tors; to provide for definitions; to provide for requirements relative to bonding or insurance; to provide for exceptions; to prohibit certain conduct; to provide for penalties.
SB 192. By Senators Taylor of the 12th, Henson of the 55th and Brown of the 26th:
A bill to amend Chapter 9 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia Building Authority, so as to define a certain term; to pro vide that such authority and all other state departments and agencies and au thorities shall purchase building materials and fixtures based on life cycle costs.
SB 227. By Senators Farrow of the 54th, Oliver of the 42nd, Robinson of the 16th and others:
A bill to amend Title 10 of the Official Code of Georgia Annotated, relating to commerce, so as to add a new Chapter 6A to be entitled "Brokerage Relation ships in Real Estate Transactions"; to provide legislative declaration; to define certain terms; to establish certain relationships between real estate brokers and their clients; to establish certain duties and responsibilities for real estate bro kers; to provide for duration of brokerage engagements.
SB 230. By Senators Ray of the 19th and Pollard of the 24th:
A bill to amend Code Section 33-24-26 of the Official Code of Georgia Annotated, relating to the cancellation or nonrenewal of certain property insurance policies, so as to provide the reasons for which an insurer may cancel a residential real property policy.
SB 232. By Senators Parrish of the 43rd, Oliver of the 42nd, Henson of the 55th and Thomas of the 10th:
A bill to amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to numbers of judges of superior courts, so as to provide for a tenth judge of the superior courts of the Stone Mountain Judicial Circuit of Georgia; to provide for the appointment of the first such additional judge by the Governor; to provide for the election of successors to the judge initially appointed.

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SB 234. By Senators Taylor of the 12th, Henson of the 55th and Brown of the 26th:
A bill to amend Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, so as to change provisions relating to the Child Abuse Fatal ity Review Panel; to change the name of the panel to the Child Abuse Prevention Panel; to change provisions relating to the membership, compensation, powers, duties, and operations of the panel; to provide for administrative attachment of the panel to the Criminal Justice Coordinating Council.
SB 238. By Senator Garner of the 30th:
A bill to amend Code Section 32-6-28 of the Official Code of Georgia Annotated, relating to permits for excess weight and dimensions with respect to the opera tion of certain vehicles on the public roads of this state, so as to change the provisions relating to permits for excess dimensions; to provide for an annual permit and permit fee for loads of preengineered and premanufactured wood roof and floor trusses up to and including 12 feet wide.
SB 242. By Senators Harbison of the 15th, Crotts of the 17th, Hill of the 4th and others:
A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to change the provisions relating to free license plates and revalidation decals for certain disabled veterans; to change the provi sions relating to drivers' licenses for veterans.
SB 249. By Senator Oliver of the 42nd:
A bill to amend Code Section 9-2-21 of the Official Code of Georgia Annotated, relating to parties to actions for torts, so as to provide for a notice of civil action involving recipients of medical assistance; to provide that notice may be by United States mail.
HB 34. By Representative Childers of the 13th:
A bill to amend Article 1 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to general provisions regarding registration and licensing of motor vehicles, so as to change the penalties imposed upon certain persons who operate vehicles without having required revalidation decals affixed to the license plates thereof.
HB 113. By Representatives Harris of the 112th, Parham of the 122nd and Powell of the 23rd:
A bill to amend Code Section 40-2-84 of the Official Code of Georgia Annotated, relating to license plates for veterans awarded the Purple Heart, so as to change certain manufacturing and registration fees for such license plates.
HB 171. By Representatives Thomas of the 100th, Chambless of the 163rd and Simpson of the 101st:
A bill to amend Code Section 21-5-34 of the Official Code of Georgia Annotated, relating to campaign contribution disclosure reports, so as to provide for addi tional filing fees for reports which are filed late.
HB 172. By Representatives Davis of the 48th, Twiggs of the 8th and McKinney of the 51st:
A bill to amend Code Section 35-1-4 of the Official Code of Georgia Annotated, relating to requirements for reporting stolen motor vehicles and notice to the

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owner upon recovery, so as to define certain terms; to provide that the law en forcement agency reporting the stolen vehicle shall notify the owner upon its re covery; to provide that the agency recovering the vehicle shall report recovery to the agency originally reporting such vehicle stolen.
SR 93. By Senator Ragan of the 32nd: A resolution creating the Commission on the Certification of Automobile Body Shops, Body and Fender Shops, Collision Repair Facilities, Body and Collision Repair Dealerships, and Paint and Body Shops.
HR 55. By Representatives Pinholster of the 15th, Stancil of the 16th and Harris of the 17th: A resolution commending Honorable Phillip M. Landrum and designating the Phillip M. Landrum Memorial Highway.
HR 88. By Representative Murphy of the 18th: A resolution designating the Veterans Memorial Highway.
The President called for the morning roll call, and the following Senators answered to their names:

Abernathy Balfour Baugh Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cheeks Clay Coleman Crotts Dawkins Day Dean Edge

Egan Farrow Garner Gillis Glanton Gochenour Harbison Hemmer Henson Hill Hooks Huggins Isakson Kemp Langford of 29th Madden Middleton

Newbill Parrish Perdue Pollard Ragan of llth Ragan of 32nd Ralston Ray Robinson Scott Slotin Taylor Thomas Thompson Turner Tysinger Walker

Those not answering were Senators:

Alien Langford of 35th

Marable Oliver

Starr

Senator Coleman of the 1st moved that Senator Alien of the 2nd be excused from the Senate today due to sickness in his family.

On the motion, the yeas were 36, nays 0; the motion prevailed, and Senator Alien of the 2nd was excused from the Senate today.

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

Senator Cheeks of the 23rd introduced the chaplain of the day, Dr. Frank S. Page,

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581

pastor of Warren Baptist Church, Augusta, Georgia, who offered scripture reading and prayer.
The following communication from His Excellency, Governor Zell Miller, stating the Governor's appointments, which were laid on the Senators' desks at 9:00 o'clock A.M., was read by the Secretary:
STATE OF GEORGIA Office of the Governor
Atlanta 30334
February 11, 1993
Honorable Pierre Howard Lieutenant Governor and
President of the Senate and Members of the Senate Senate Chamber Atlanta, Georgia 30334
Dear Lieutenant Governor Howard and Members of the Senate:
I submit to you, as provided by law, the following appointments for confirmation:
Honorable Foster Rhodes of Houston County, as a member of the Georgia Agricultural Exposition Authority for the term of office beginning June 30, 1992 and ending June 30, 1996.
Honorable Rita C. Guest of Fulton County, as a member of the State Board of Archi tects for the term of office beginning October 2, 1992 and ending July 1, 1996.
Honorable E. Camille Puckett of Gwinnett County, as a member of the State Board of Architects for the term of office beginning October 2, 1992 and ending July 1, 1997.
Honorable Frank S. Heard of Thomas County, as a member of the Georgia Auctioneers Commission for the term of office beginning November 2, 1992 and ending August 14, 1997.
The following named persons as members of the State Board of Barbers for the term of office beginning December 7, 1992 and ending July 25, 1994: Virgil D. Ergle of Gwinnett County; and Samuel David Jones of Houston County.
Honorable Violet Bennett of Wayne County, as a member of the Board of Children and Youth Services for the term of office beginning October 27, 1992 and ending July 6, 1995.
The following named persons as members of the Board of Children and Youth Services for the term of office beginning July 6, 1992 and ending July 6, 1993: Carol King of Dougherty County; and Herbert L. Wells of Houston County.
The following named persons as members of the Board of Children and Youth Services for the term of office beginning July 6, 1992 and ending July 6, 1994: Emma Gresham of Burke County; Theresa Jeanne Nelson of Bartow County; and Carolyn Vason of DeKalb County.
The following named persons as members of the Board of Children and Youth Services for the term of office beginning July 6, 1992 and ending July 6, 1995: Vera E. Brooks of Clayton County; and Logan Marshall of McDuffie County.
The following named persons as members of the Board of Children and Youth Services for the term of office beginning July 6, 1992 and ending July 6, 1996: Susan W. Bisson of Whitfield County; Dr. Sherman R. Day of Cobb County; and D. Victor Reynolds of Cobb County.
The following named persons as members of the Board of Children and Youth Services for the term of office beginning July 6, 1992 and ending July 6, 1997: John Gary Bittick of

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Monroe County; Dr. Elizabeth P. Buttimer of Carroll County; and Dr. Eleanor C. Main of Fulton County.
The following named persons as members of the Georgia Board of Chiropractic Exam iners for the term of office beginning September 10, 1992 and ending August 20, 1995: Dr. Linda Steele Denham of Bartow County; and Dr. Davis Kinney of Dougherty County.
Honorable Margie G. Clark of DeKalb County, as a member of the Construction Indus try Licensing Board for the term of office beginning September 10, 1992 and ending June 30, 1995.
The following named persons as members of the Board of Corrections for the term of office beginning July 1, 1992 and ending July 1, 1997: Asa Terrell Boynton of Clarke County; Bruce Hudson of Douglas County; and Mary Alice Shipp of Worth County.
The following named persons as members of the State Board of Cosmetology for the term of office beginning June 3, 1992 and ending May 1, 1994: Deborah Harris of Fulton County; and Linda S. Miller of Marion County.
The following named persons as members of the State Board of Cosmetology for the term of office beginning September 16, 1992 and ending May 1, 1995: Mary B. Ayers of Stephens County; and Ollie Pendley of Douglas County.
Honorable Peggy I. Moon of Franklin County, as a member of the State Board of Cos metology for the term of office beginning September 16, 1992 and ending August 9, 1995.
Honorable Charles W. McDougald of Taylor County, as a member of the State Board of Cosmetology for the term of office beginning December 9, 1992 and ending July 1, 1994.
Honorable Benjamin Hatcher of Thomas County, as a member of the Georgia Board of Dentistry for the term of office beginning June 1, 1992 and ending June 30, 1996.
Honorable Olin D. Thompson of Glynn County, as a member of the Georgia Board of Dentistry for the term of office beginning September 25, 1992 and ending August 1, 1997.
Honorable Jana R. Kicklighter of DeKalb County, as a member of the Georgia Board of Examiners of Licensed Dietitians for the term of office beginning September 28, 1992 and ending June 30, 1993.
The following named persons as members of the Georgia Board of Examiners of Li censed Dietitians for the term of office beginning September 28, 1992 and ending June 30, 1995: Louise S. Blanks of Macon County; Doris D. Thurman of Troup County; and Jesse G. Wright of Muscogee County.
Honorable Thomas D. Moreland of Fulton County, as a member of the State Board of Registration for Professional Engineers and Professional Surveyors for the term of office beginning August 28, 1992 and ending June 1, 1997.
Honorable Lynda Beam of Chatham County, as a member of the Georgia Forest Re search Council for the term of office beginning September 25, 1992 and ending August 25, 1999.
Honorable Cay G. Stokes of Emanuel County, as a member of the State Board of Regis tration for Foresters for the term of office beginning September 10, 1992 and ending March 19, 1996.
Honorable Richard Bryant Hightower, Sr. of Haralson County, as a member of the State Board of Funeral Service for the term of office beginning May 13, 1992 and ending February 13, 1998.
Honorable John Horace Mann of Gwinnett County, as a member of the State Board of Registration for Professional Geologists for the term of office beginning May 8, 1992 and ending November 24, 1996.
Honorable Neal Brook of Richmond County, as a member of the Health Strategies Council for the term of office beginning July 1, 1992 and ending July 1, 1995.

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583

The following named persons as members of the Board of Human Resources for the term of office beginning June 9, 1992 and ending April 6, 1997: James K. Davis of Fulton County; and Dr. Joseph V. Morrison, Jr. of Chatham County.
Honorable John D. Stephens of Gwinnett County, as a member of the Board of Indus try, Trade and Tourism for the term of office beginning February 4, 1993 and ending July 1, 1994.
The following named persons as members of the Board of Industry Trade and Tourism for the term of office beginning February 4, 1993 and ending July 1, 1997: Kay W. Cantrell of Cobb County; and Kathryn L. Dunlap of Hall County.
Honorable James Reynolds, III of Greene County, as a member of the Board of Indus try, Trade and Tourism for the term of office beginning February 4, 1993 and ending Janu ary 1, 1998.
Honorable Mike Breedlove of Rockdale County, as a member of the Georgia Board of Landscape Architects for the term of office beginning October 5, 1992 and ending April 1, 1995.
Honorable Eddie Upshaw of Walker County, as a member of the Georgia Board of Landscape Architects for the term of office beginning October 5, 1992 and ending July 1, 1995.
The following named persons as members of the Georgia Board of Examiners of Li censed Practical Nurses for the term of office beginning September 2, 1992 and ending July 1, 1995: Amy Lea Cox of Floyd County; and Wanda A. Hunter of Mclntosh County.
The following named persons as members of the Board of Directors of the Georgia Lot tery Corporation for the term of office beginning November 19, 1992 and ending December 15, 1994: Wyckliffe A. Knox, Jr. of Richmond County; Cecil M. Phillips of Fulton County; and Patrick H. Thomas of Fulton County.
The following named persons as members of the Board of Directors of the Georgia Lot tery Corporation for the term of office beginning November 19, 1992 and ending December 15, 1996: Billye Aaron of Fulton County; and Richard Robert Ensley of Bibb County.
The following named persons as members of the Board of Directors of the Georgia Lot tery Corporation for the term of office beginning November 19, 1992 and ending December 15, 1997: David C. Garrett, III of Gwinnett County; and Helen Ballard Weeks of Fulton County.
The following named persons as members of the Georgia Magistrate Courts Training Council for the term of office beginning December 30, 1992 and ending August 7, 1994: J. D. Bryant of Haralson County; Burl Davis of Bibb County; and LaVerne C. Ogletree of Morgan County.
Honorable Marjorie M. Smith of Fulton County, as a member of the Board of Medical Assistance for the term of office beginning October 14, 1992 and ending June 30, 1996.
Honorable Joseph H. Patterson of Fulton County, as a member of the Board of Medical Assistance for the term of office beginning November 6, 1992 and ending June 30, 1996.
Honorable Hoyt C. Dees of Fulton County, as a member of the Composite State Board of Medical Examiners for the term of office beginning November 5, 1992 and ending Sep tember 1, 1993.
Honorable Donald L. Branyon, Jr. of Clarke County, as a member of the Composite State Board of Medical Examiners for the term of office beginning November 5, 1992 and ending September 1, 1996.
Honorable Pat Stephens of Fulton County, as a member of the Composite State Board of Medical Examiners for the term of office beginning December 2, 1992 and ending Decem ber 31, 1996.

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Honorable Robert N. Pilon of Clarke County, as a member of the Composite State Board of Medical Examiners for the term of office beginning January 7, 1993 and ending September 1, 1993.
The following named persons as members of the Georgia Music Hall of Fame Authority for the term of office beginning May 18, 1992 and ending January 1, 1996: Richard Greene of Cobb County; and Robert W. Waymer of Fulton County.
Honorable Ben G. Porter of Bibb County, as a member of the Board of Natural Re sources for the term of office beginning January 26, 1993 and ending March 16, 1994.
Honorable Thomas W. Wheeler, Jr. of Fulton County, as a member of the Board of Natural Resources for the term of office beginning January 26, 1993 and ending January 1, 1997.
Honorable Sara S. Clark of Fulton County, as a member of the Board of Natural Re sources for the term of office beginning January 26, 1993 and ending January 1, 1995.
Honorable Felker W. Ward, Jr. of Fulton County, as a member of the Board of Natural Resources for the term of office beginning January 26, 1993 and ending January 1, 1999.
The following named persons as members of the Georgia Board of Nursing for the term of office beginning March 25, 1992 and ending September 23, 1994: Lucilla K. Acree of Cook County; and Patti Alfred Giffin of Fulton County.
The following named persons as members of the State Board of Dispensing Opticians for the term of office beginning August 19, 1992 and ending March 16, 1996: David Alan Digby of DeKalb County; and David Francis Meldrum of DeKalb County.
The following named persons as members of the State Board of Examiners in Optometry for the term of office beginning September 16, 1992 and ending September 6, 1994: Dr. R. Whitman Lord of Bulloch County; and Dr. Allan V. Wexler of Chatham County.
Honorable Alfred K. Barr of Fulton County, as a member of the State Personnel Board for the term of office beginning January 28, 1993 and ending January 3, 1997.
Honorable David Alalof of Columbia County, as a member of the State Personnel Board for the term of office beginning January 28, 1993 and ending January 3, 1998.
The following named persons as members of the State Board of Physical Therapy for the term of office beginning August 18, 1992 and ending August 30, 1995: Frances Armour of Hall County; and Diane Waldner of Fulton County.
Honorable Michael Ray Wisdom of Bibb County, as a member of the State Board of Physical Therapy for the term of office beginning August 30, 1992 and ending August 30, 1995.
Honorable A. Louis Jimenez of Gwinnett County, as a member of the State Board of Podiatry Examiners for the term of office beginning November 6, 1992 and ending May 5, 1995.
The following named persons as members of the Georgia Board of Private Detective and Security Agencies for the term of office beginning May 18, 1992 and ending July 1, 1995: James Martin of Fulton County; and Thomas H. Rentz, Jr. of Newton County.
The following named persons as members of the Georgia Board of Private Detective and Security Agencies for the term of office beginning September 14, 1992 and ending July 1, 1996: Vicky G. Bosma of Gwinnett County; and Gene Staulcup of Richmond County.
The following named persons as members of the Professional Standards Commission for the term of office beginning July 1, 1992 and ending July 1, 1995: Carlos Cody of Dougherty County; Dr. Ellen C. Lewis of Columbia County; Judy Davidson Lovell of White County; Johnnie R. Miller of DeKalb County; and Raymechia Smith of Muscogee County.
Honorable Audrey Butts of Fulton County, as a member of the Professional Standards Commission for the term of office beginning October 30, 1992 and ending July 1, 1995.

FRIDAY, FEBRUARY 19, 1993

585

Honorable Russell Yeany of Clarke County, as a member of the Professional Standards Commission for the term of office beginning October 30, 1992 and ending July 1, 1993.
Honorable Donald Steven Meek of Houston County, as a member of the State Board of Examiners of Psychologists for the term of office beginning January 7, 1993 and ending March 27, 1997.
Honorable James L. Wiggins of Dodge County, as a member of the Board of Public Safety for the term of office beginning May 27, 1992 and ending January 20, 1994.
Honorable Hubert Laddel Smith of Floyd County, as a member of the Board of Public Safety for the term of office beginning February 3, 1993 and ending January 20, 1995.
Honorable R. T. Strong of Fulton County, as a member of the Board of Public Safety for the term of office beginning February 3, 1993 and ending January 20, 1996.
Honorable Pat Jarvis of DeKalb County, as a member of the Board of Public Safety for the term of office beginning February 3, 1993 and ending January 29, 1997.
Honorable J. D. Caswell of Gwinnett County, as a member of the Georgia Real Estate Commission for the term of office beginning May 27, 1992 and ending January 29, 1997.
The following named persons as members of the Georgia Composite Board of Profes sional Counselors, Social Workers, and Marriage and Family Therapists for the term of of fice beginning September 22, 1992 and ending December 31, 1993: Clinton E. Dye, Jr. of Fulton County; and Dr. Cynthia Sellers of Bibb County.
The following named persons as members of the Georgia Composite Board of Profes sional Counselors, Social Workers, and Marriage and Family Therapists for the term of of fice beginning September 22, 1992 and ending December 31, 1994: Bobby E. Glover of Hous ton County; Dr. Julius Hornstein of Chatham County; Dr. Joseph Scalise of Oconee County; and Dr. Russell R. Terwilliger of Cobb County.
Honorable Geraldine Scheller-Gilkey of DeKalb County, as a member of the Georgia Composite Board of Professional Counselors, Social Workers, and Marriage and Family Therapists for the term of office beginning January 22, 1993 and ending December 31, 1993.
Honorable Virginia Wilson Flanagin of Richmond County, as a member of the State Board of Examiners for Speech-Language Pathology and Audiology for the term of office beginning July 23, 1992 and ending July 1, 1993.
The following named persons as members of the State Board of Examiners for SpeechLanguage Pathology and Audiology for the term of office beginning July 23, 1992 and end ing July 1, 1994: Leslee Graham-Poole of Fulton County; and Deborah Williams-White of DeKalb County.
Honorable Karen Burris-Davis of Dougherty County, as a member of the State Board of Examiners for Speech-Language Pathology and Audiology for the term of office beginning July 23, 1992 and ending June 24, 1995.
Honorable Mamie Harris of Colquitt County, as a member of the State Board of Exam iners for Speech-Language Pathology and Audiology for the term of office beginning Octo ber 9, 1992 and ending July 1, 1993.
The following named persons as members of the State Board of Technical and Adult Education for the term of office beginning July 1, 1992 and ending June 30, 1997: George L. Bowen, III of DeKalb County; James C. Harrington, Jr. of Forsyth County; Evelyn Shrop shire of Bartow County; Ben J. Tarbutton, Jr. of Washington County; and William T. Wiley, Jr. of Bibb County.
Honorable Daniel B. Rather of Fulton County, as a member of the State Board of Technical and Adult Education for the term of office beginning August 6, 1992 and ending June 30, 1993.
Honorable Gwen Goodman of Chatham County, as a member of the State Board of

586

JOURNAL OF THE SENATE

Technical and Adult Education for the term of office beginning August 19, 1992 and ending June 30, 1993.
Honorable Elsie P. Hand of Mitchell County, as a member of the Board of Regents of the University System of Georgia for the term of office beginning January 12, 1993 and ending January 1, 1997.
Honorable Suzanne G. Elson of Fulton County, as a member of the Board of Regents of the University System of Georgia for the term of office beginning January 12, 1993 and ending January 1, 1999.
Honorable James T. Lee of Wilcox County, as a member of the State Board of Registra tion of Used Car Dealers for the term of office beginning September 16, 1992 and ending May 30, 1996.
The following named persons as members of the Board of Regents of the University System of Georgia for the term of office beginning January 12, 1993 and ending January 1, 2000: Thomas F. Allgood of Richmond County; William B. Turner of Muscogee County; and Virgil Williams of Gwinnett County.
Honorable W. H. Harper, Jr. of Burke County, as a member of the Veterans Service Board for the term of office beginning August 10, 1992 and ending April 1, 1999.
The following named persons as members of the State Board of Examiners for Certifi cation of Water and Wastewater Treatment Plant Operators and Laboratory Analysts for the term of office beginning June 19, 1992 and ending August 17, 1995: Kathryn Stege Bragg of Bibb County; Ernest U. Earn of Gwinnett County; and Damon Harper of Tift County.
Honorable M. Yvette Miller of Fulton County, as a member of the State Board of Workers' Compensation for the term of office beginning July 1, 1992 and ending May 1, 1993.
Sincerely,
/s/ Zell Miller
The following communication from Senator Boshears of the 6th was read by the Secretary:
The State Senate Atlanta, Georgia 30334
February 19, 1993
The Honorable Pierre Howard Office of the Lieutenant Governor State Capitol Building Atlanta, Georgia 30334
Dear Mr. Howard:
Pursuant to Rule 218, I request that the following nominees to the Board of Directors of the Georgia Lottery Commission be referred to the proper Standing Committee:
Wyckliffe A. Knox, Jr. Cecil M. Phillips Patrick H. Thomas Billye Aaron Richard Robert Easley David C. Garrett, III Helen Ballard Weeks
Respectfully submitted,
M Edward E. Boshears

FRIDAY, FEBRUARY 19, 1993

587

The following communication from Senator Robinson of the 16th, Majority Leader of the Senate, was read by the Secretary:

Dear Mr. President:
Pursuant to Rule 218 I request that the nominees for Georgia Lottery Corp. be assigned to the Economic Development & Tourism Cmtte for confirmation recommendation. They are as follows:

W. A. Knox, Jr. Cecil Phillips Patrick Thomas Billye Aaron Richard R. Easley D. C. Garrett III Helen B. Weeks

Thank you. /a/ Pete Robinson
Majority Leader

The President referred the Lottery Commission appointments to the Senate Committee on Economic Development, Tourism and Cultural Affairs for hearings.

The following resolutions of the Senate were read and adopted:

SR 190. By Senators Gillis of the 20th and Ray of the 19th:
A resolution recognizing the historical significance of this 102nd anniversary of the first official celebration of Arbor Day in Georgia.

Senator Gillis of the 20th introduced John W. Mixon, Director of the Georgia Forestry Commission, who briefly addressed the Senate.

SR 191. By Senators Isakson of the 21st, Clay of the 37th, Thompson of the 33rd and others:
A resolution expressing support for the efforts of Cobb County and endorsing Cobb County's bid for the 1996 Olympic Women's Fast-pitch Softball Event.

Senator Isakson of the 21st introduced Joanne Grogan, Miss Cobb County, who briefly addressed the Senate.

The following local, uncontested bills of the House, favorably reported by the commit tee as listed on the Senate Local Consent Calendar, were put upon their passage:

SENATE LOCAL CONSENT CALENDAR Friday, February 19, 1993
TWENTY-SECOND LEGISLATIVE DAY
(The names listed with each bill are the Senators whose districts are affected by the legislation.)

HB 643 Hemmer, 49th HALL COUNTY
Creates a Board of Commissioners of Hall County; changes the composition of commissioner districts.

588

JOURNAL OF THE SENATE

HB 673 Ray, 19th ATKINSON COUNTY
Reconstitutes the Board of Education of Atkinson County; provides for its powers, duties, rights, obligations and liabilities.

HB 687 Gochenour, 27th MONROE COUNTY
Reconstitutes the Board of Education of Monroe County; provides for its powers, duties, rights, obligations and liabilities.

HB 697 Gochenour, 27th MONROE COUNTY
Creates a Board of Commissioners for Monroe County; reapportion.

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:

Balfour Baugh Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cheeks Clay Coleman Crotts Dawkins Day Edge Egan

Farrow Gillis Glanton Gochenour Harbison Hemmer Henson Hill Hooks Huggins Isakson Kemp Langford of 35th Langford of 29th Madden Marable

Middleton Newbill Oliver Perdue Pollard Ragan of llth Ragan of 32nd Ralston Ray Scott Slotin Starr Taylor Thompson Turner Tysinger

Those not voting were Senators:

Abernathy Alien (excused) Dean

Garner Parrish Robinson

Thomas Walker

On the passage of all the local bills, the yeas were 48, nays 0.

All the bills on the Senate Local Consent Calendar, having received the requisite consti tutional majority, were passed.

SENATE RULES CALENDAR Friday, February 19, 1993
TWENTY-SECOND LEGISLATIVE DAY SR 165 Rules of the Senate--amend (Amendment) (Rules--14th) SR 166 Rules of the Senate--amend (Rules--14th)

FRIDAY, FEBRUARY 19, 1993

589

SB 214 Elections--recall petitions (Amendment) (S Judy--28th)
SB 165 Torts--immunity for dental students (S Judy--27th)
SB 121 Firearm--unlawful to carry while under influence (S Judy--37th)
SB 188 Office of Planning and Budget--prepare annual continuation budget report (Amendment) (Approp--45th)
SB 171 Agency Relationship--principal's granting conditional power of attorney (Judy--54th)
SB 5 Budgetary, Financial Affairs--five-year strategic plans (Approp--45th)
SB 156 Superior Court Clerks--distribution of fines in criminal matters (Substitute) (Judy--24th)
SB 210 Basic Health Insurance Plan--cover certain children under Medicaid (I&L--12th)
SB 8 Property Acquisition, Lease by State--issuance of reports (Amendment) (Approp--30th)
SB 200 Pollution Prevention Assistance Act--enact (Substitute) (Nat R--12th)
Respectfully submitted,
/s/ George Hooks of the 14th, Chairman Senate Rules Committee

The following resolutions of the Senate, favorably reported by the committee, were read the third time and put upon their adoption:

SR 165. By Senators Hooks of the 14th, Garner of the 30th, Edge of the 28th and Robin son of the 16th:
A resolution amending the Rules of the Senate.

Senator Hooks of the 14th offered the following amendment:

Amend SR 165 by striking "by or" from line 26 of page 1. By striking lines 1 and 2 of page 2 and inserting in lieu thereof the following: "at the time of the third reading and shall be read a third time by title and then".

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

The report of the committee, which was favorable to the 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:

Balfour Baugh Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cheeks Clay

Coleman Crotts Day Dean Edge Egan Farrow Garner Gillis Glanton

Gochenour Harbison Hemmer Henson Hill Hooks Huggins Isakson Kemp Langford of 35th

590

JOURNAL OF THE SENATE

Langford of 29th Madden Marable Middleton Newbill Oliver Perdue

Pollard Ragan of llth Ragan of 32nd Ralston Ray Scott Slotin

Starr Taylor Thomas Turner Tysinger Walker

Those not voting were Senators:

Abernathy Alien (excused)

Dawkins Parrish

Robinson Thompson

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

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

SR 166. By Senators Hooks of the 14th, Garner of the 30th, Edge of the 28th and Robin son of the 16th:
A resolution amending the Rules of the Senate.

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

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

Those voting in the affirmative were Senators:

Balfour Baugh Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cheeks Clay Coleman Crotts Dawkins Day Dean Edge Egan Farrow

Garner Gillis Glanton Gochenour Harbison Hemmer Henson Hill Hooks Huggins Isakson Kemp Langford of 35th Langford of 29th Madden Marable Middleton

Newbill Oliver Perdue Pollard Ragan of llth Ragan of 32nd Ralston Ray Scott Slotin Starr Taylor Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Abernathy Alien (excused)

Parrish

Robinson

On the adoption of the resolution, the yeas were 52, nays 0.

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

FRIDAY, FEBRUARY 19, 1993

591

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

SB 214. By Senator Edge of the 28th:
A bill to amend Code Section 21-4-6 of the Official Code of Georgia Annotated, relating to the review of grounds for a recall petition, so as to provide for re quired elements of such review; to provide for the burden of proof; to provide for discovery; to provide for judicial orders; to suspend recall proceedings during court review; to provide for recall procedures following a ruling of sufficiency; to provide for certain discretionary appeals.

The Senate Committee on Special Judiciary offered the following amendment:

Amend SB 214 by adding on line 11 on page 2 immediately following the word "pro ceedings" the following:
"involving the same public official".

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 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:

Abernathy Balfour Baugh Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cheeks Clay Coleman Crotts Day Dean Edge Farrow

Gillis Glanton Gochenour Harbison Hemmer Henson Hill Hooks Huggins Isakson Kemp Langford of 35th Langford of 29th Madden Marable Middleton Newbill

Oliver Perdue Pollard Ragan of llth Ragan of 32nd Ralston - ay _P.
Starr Taylor Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Alien (excused) Dawkins

Egan Garner

Parrish Robinson

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

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

592

JOURNAL OF THE SENATE

SB 165. By Senators Gochenour of the 27th, Edge of the 28th and Glanton of the 34th:
A bill to amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions affecting torts, so as to provide certain tort immu nity for dental students; to except acts of willfull or wanton misconduct; to pro vide that the liability of a medical facility, academic institution, or dentist is not affected.

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

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

Those voting in the affirmative were Senators:

Abernathy Balfour Baugh Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cheeks Clay Coleman Crotts Dawkins Day Dean Edge Egan

Farrow Garner Gillis Glanton Gochenour Harbison Hemmer Hill Hooks Huggins Isakson Kemp Langford of 35th Langford of 29th Madden Marable Middleton

Newbill Oliver Perdue Pollard Ragan of llth Ragan of 32nd Ralston Ray Scott Slotin Starr Taylor Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Alien (excused) Henson

Parrish

Robinson

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

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

SB 121. By Senators Clay of the 37th, Newbill of the 56th and Egan of the 40th:
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, so as to provide that it shall be unlawful for any person to carry or possess on his or her person any firearm while such person is under the influence of alcohol, certain drugs or controlled substances, or both; to provide for definitions; to provide for penalties.

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

FRIDAY, FEBRUARY 19, 1993

593

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

Those voting in the affirmative were Senators:

Abernathy Balfour Baugh Blitch Bowen Broun of 46th Brown of 26th BCC,-,,lhuaeryteok. ns Crotts
Dawkins Day Dean Edge
Egan Farrow

Gillis Glanton Gochenour Harbison Hemmer Henson Hill HTHIsTouakogskgosm ns Kemp
Langford of 35th Langford of 29th Madden Marable
Middleton Newbill

Oliver Perdue Pollard Ragan of llth Ragan of 32nd Ralston R S0,,"lco,ot.*ti*tn htarr
Taylor Thomas Thompson Turner
Tysinger Walker

Those not voting were Senators:

Alien (excused) Boshears

Coleman Garner

Parrish Robinson

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

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

The President introduced Ms. Rebecca Paul, Chief Executive Officer, appointed by the Board of Directors of the Georgia Lottery Corporation, who briefly addressed the Senate.

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

SB 188. By Senators Dawkins of the 45th, Robinson of the 16th, 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 by the Office of Planning and Budget, so as to require the Office of Planning and Budget to prepare an annual continuation budget report; to provide for submis sion of such report to the Continuation Subcommittees of the House and Senate Appropriations Committees; to provide for contents of such report.
Senators Thompson of the 33rd and Dawkins of the 45th offered the following amendment:
Amend SB 188 by striking on line 5 of page 1 the words "an annual" and inserting in lieu thereof the words "a quadrennial".
By striking on lines 19 and 20 of page 1 the words "of each year" and inserting in lieu thereof the following:
", 1994, and quadrennially thereafter".

594

JOURNAL OF THE SENATE

Senator Isakson of the 21st offered the following amendment:

Amend SB 188 by adding on line 10 of page 1 after the word and symbol "subcommit tees;" and before the word "to" the following:
"to provide for reports of such subcommittees to the membership of the General Assembly;".
By striking the quotation marks at the end of line 11 of page 2 and adding between lines 11 and 12 of page 2 the following:
"(c) The continuation subcommittees shall report to the membership of the General Assembly, within one week of the convening of each regular session of the General Assem bly, a list of all programs brought to the continuation subcommittees as well as actions recommended, if any, by the continuation subcommittees.' "

Senator Dawkins of the 45th moved that SB 188 be placed on the Table.

On the motion, the yeas were 40, nays 0; the motion prevailed, and SB 188 was placed on the Table.

SB 171. By Senators Farrow of the 54th, Edge of the 28th, Robinson of the 16th and others:
A bill to amend Article 1 of Chapter 6 of Title 10 of the Official Code of Georgia Annotated, relating to the creation and nature of an agency relationship, so as to clarify the laws relating to the validity of a principal's granting, in writing, a conditional power of attorney, provided that one or more persons are designated by such principal to determine conclusively, by written declaration under penalty of perjury, that the conditional event or contingency has occurred.

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

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

Those voting in the affirmative were Senators:

Balfour Baugh Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cheeks Clay Coleman Crotts Dawkins Day Dean Edge Egan

Farrow Garner Gillis Glanton Gochenour Hemmer Hill Hooks Isakson Kemp Langford of 35th Langford of 29th Madden Marable Middleton Newbill Oliver

Perdue Pollard Ragan of llth Ragan of 32nd Ralston Ray Robinson Scott Slotin Starr Taylor Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Abernathy Alien (excused)

Harbison Henson

Huggins Parrish

FRIDAY, FEBRUARY 19, 1993

595

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

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

SB 5. By Senators Dawkins of the 45th, Thompson of the 33rd, 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; 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 agency reviews of existing and proposed programs of each state agency.

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

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

Those voting in the affirmative were Senators:

Balfour Baugh Blitch Boshears Bowen Broun of 46th Burton Cheeks Clay Coleman Crotts Day Dean Edge Egan Farrow

Gillis Glanton Gochenour Harbison Hemmer Hill Hooks Isakson Kemp Langford of 35th Langford of 29th Madden Marable Middleton Newbill Oliver

Parrish Perdue Pollard Ragan of llth Ragan of 32nd Ralston Ray Robinson Scott Slotin Starr Thomas Thompson Turner Tysinger

Those not voting were Senators:

Abernathy Alien (excused) Brown of 26th

Dawkins Garner Henson

Huggins Taylor Walker

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

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

SB 156. By Senator Pollard of the 24th:
A bill to amend Article 2 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to clerks of superior courts, so as to provide for priorities of the distribution of fines, forfeitures, surcharges, additional fees, and costs in criminal matters; to provide an effective date.

596

JOURNAL OF THE SENATE

The Senate Committee on Judiciary offered the following substitute to SB 156:

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 superior courts, so as to provide for priorities of the distribution of fines, forfeitures, surcharges, additional fees, and costs in criminal matters in cases of partial payments into the court; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 2 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to clerks of the superior courts, is amended by adding a new Code section immedi ately after Code Section 15-6-93, relating to office hours of the clerks of the superior courts, to read as follows:
"15-6-94. Notwithstanding any law to the contrary, a clerk of any superior court of this state who receives partial payments, as ordered by the court, of criminal fines, forfeitures, or costs shall distribute said sums in the order of priority set forth below:
(1) The amount provided for in Chapter 17 of Title 47 for the Peace Officers' Annuity and Benefit Fund;
(2) The amount provided for in Chapter 14 of Title 47 for the Superior Court Clerks' Retirement Fund of Georgia;
(3) The amount provided for in Chapter 16 of Title 47 for the Sheriffs' Retirement System of Georgia;
(4) The amount as may be provided in Chapter 15 of Title 36 for county law libraries;
(5) The surcharge provided for in Chapter 21 of Title 15 for the Peace Officer and Prosecutor Training Fund;
(6) The surcharge provided for in Chapter 21 of Title 15 for jail construction and staffing;
(7) The surcharge provided for in Code Section 15-21-100 for the Drug Abuse Treat ment and Education Fund;
(8) The surcharge provided for in Code Section 15-21-112 for compensation of victims of violations of Code Section 40-6-391; and
(9) The balance of the fine shall be paid to the city, county, or municipal governing authority."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 33, nays 1, and the substitute was adopted.

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

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

Those voting in the affirmative were Senators:

Abernathy Balfour Baugh

Blitch Boshears Bowen

Broun of 46th Brown of 26th Burton

FRIDAY, FEBRUARY 19, 1993

597

Cheeks Clay Coleman Crotts Day Dean Egan Fflrrow Garner Gillis Glanton Gochenour Harbison Hemmer Henson

Hill Hooks Huggins Isakson Kemp Langford of 35th Langford of 29th Madden Marable Middleton Newbill Oliver Parrish Perdue

Those not voting were Senators:

Pollard Ragan of llth Ragan of 32nd Ralston Ray Robinson Scott Slotin Starr Taylor Thomas Thompson Turner Tysinger

Alien (excused) Dawkins

Edge

Walker

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 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 Resolu tion of the House:

HR 323. By Representatives Murphy of the 18th, Walker of the 141st, Lee of the 94th, Groover of the 125th and Connell of the 115th:
A resolution relative to adjournment.

The following resolution of the House was read and put upon its adoption:

HR 323. By Representatives Murphy of the 18th, Walker of the 141st, Lee of the 94th and others:
A resolution relative to adjournment by the General Assembly at 5:00 o'clock P.M. on Friday, February 19, 1993, and to reconvene on Monday, February 22, 1993; the hour for convening the Senate may be as ordered by the Senate, and the hour for convening the House may be as ordered by the House.

On the adoption of the resolution, the yeas were 40, nays 5. The resolution, having received the requisite constitutional majority, was adopted.

598

JOURNAL OF THE SENATE

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

SB 210. By Senators Taylor of the 12th, Henson of the 55th and Brown of the 26th:
A bill to amend Code Section 33-51-3 of the Official Code of Georgia Annotated, relating to the contents of the model basic health insurance plan, so as to author ize the Commissioner of Insurance to permit the coverage of certain children cov ered by Medicaid in a plan developed by the Commissioner to cover the basic health needs of children when such participation is approved by the Secretary of the United States Department of Health and Human Services.

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

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

Those voting in the affirmative were Senators:

Balfour Baugh Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cheeks Clay Crotts Day Dean Edge Egan Farrow

Garner Gochenour Harbison Hemmer Henson Hill Hooks Huggins Isakson Kemp Langford of 35th Langford of 29th Madden Marable Middleton Newbill

Oliver Parrish Perdue Pollard Ragan of llth Ragan of 32nd Ralston Ray Robinson Scott Slotin Starr Taylor Thompson Turner Tysinger

Voting in the negative was Senator Glanton.

Those not voting were Senators:

Abernathy Alien (excused) Coleman

Dawkins Gillis

Thomas Walker

On the passage of the bill, the yeas were 48, nays 1.

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

SB 8. By Senators Gamer of the 30th, Dawkins of the 45th, Walker of the 22nd and others:
A bill to amend Part 1 of Article 4 of Chapter 12 of Title 45 of the Official Code of Georgia Annotated, the "Budget Act," and Code Section 50-16-38 of the Offi cial Code of Georgia Annotated, relating to acquisition of real property through the State Properties Commission, so as to provide for the issuance of reports by the State Properties Commission with respect to certain proposed acquisitions and leases of real property by units of state government.

FRIDAY, FEBRUARY 19, 1993

599

The Senate Committee on Appropriations offered the following amendment:

Amend SB 8 by striking "or" on line 15 of page 5. By striking "fees."" on line 20 of page 5 and inserting in its place "fees; or". By inserting between lines 20 and 21 of page 5 the following: "(4) The Department of Labor.' "

On the adoption of the amendment, the yeas were 41, 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:

Abernathy Balfour Baugh Blitch Boshears
owen f M
Broun of 46th BChuerteokns
Clay Coleman
Crotts Day Dean Edge Egan

Garner Gillis Glanton Gochenour Harbison
5Tmer
Hill HHouogkgsins
Isakson Kemp
Langford of 35th Langford of 29th Madden Marable Middleton

Newbill Oliver Parrish Perdue Pollard
Ra^ of llth
Ragan of 32nd ,,*al,st, on
Ra? Robinson
Scott Slotin Thompson Turner Tysinger

Those not voting were Senators:

Alien (excused) Brown of 26th Dawkins

Farrow Henson Starr

Taylor Thomas Walker

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

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

SB 200. By Senators Taylor of the 12th, Henson of the 55th and Brown of the 26th:
A bill to amend Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to waste management, so as to enact the "Pollution Prevention Assis tance Act"; to provide for state policy with respect to priority for preventing pollution at the source; to define terms; to create the Office of Pollution Preven tion Assistance and provide for an office director, personnel, operations, powers, and duties; to provide for comprehensive planning.
The Senate Committee on Natural Resources offered the following substitute to SB 200:

A BILL To be entitled an Act to amend Chapter 8 of Title 12 of the Official Code of Georgia

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Annotated, relating to waste management, so as to enact the "Pollution Prevention Assis tance Act"; to provide for state policy with respect to priority for preventing pollution at the source; to define terms; to create the Office of Pollution Prevention Assistance and provide for an office director, personnel, operations, powers, and duties; to provide for assistance to encourage voluntary pollution prevention and environmental waste reduction; to provide for voluntary assessments, standards, plans, reports, and actions by industries and others who use toxic and hazardous substances, generate environmental waste, or emit pollutants, tox ins, hazardous substances, or wastes which could, pose a threat to human health or the envi ronment; to provide for a Pollution Prevention Assistance Advisory Committee and for mat ters related thereto; to provide for comprehensive planning; 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 8 of Title 12 of the Official Code of Georgia Annotated, relating to waste management, is amended by adding at its end a new Article 8 to read as follows:
"ARTICLE 8
12-8-180. This article shall be known and may be cited as the 'Pollution Prevention Assistance Act."
12-8-181. It is the policy of the State of Georgia that the first priority in addressing emissions and environmental waste in the state is preventing pollution at the source to the maximum extent possible by encouraging and assisting voluntary changes in production processes, products, or raw materials that reduce, avoid, or eliminate the use of toxic or hazardous substances and the generation of hazardous by-products per unit of production so as to reduce overall risks to workers, consumers, or the environment. The second priority in addressing emissions and environmental waste in Georgia shall be reuse, followed by re cycling. The third priority, after full consideration of prevention and reduction, is to ensure proper disposition of the residual waste. It shall be the goal of the Office of Pollution Pre vention Assistance to encourage, support, and facilitate the reduction of the mass of toxins released into the environment by 30 percent by the year 1998, based on 1991 reporting, and the reduction of toxic emissions and environmental waste generation.
12-8-182. As used in this article, the term:
(1) 'Assessment' means the review of a location or facility of a user to identify and assess opportunities for pollution prevention, waste reduction, reuse, and recycling.
(2) 'Assistance' means policies, programs, actions, and activities which are designed to encourage, support, and facilitate voluntary pollution prevention and environmental waste reduction. Such assistance may include assessments, waste reduction planning assistance, technical and financial assistance, pollution prevention planning assistance, research, tech nology transfer programs, a resource library and information clearinghouse, waste exchange, data base management, education and information programs, recognition programs, training programs, and conferences, as well as other assistance designed to promote pollution pre vention and environmental waste reduction.
(3) 'Division' means the Environmental Protection Division of the Department of Natu ral Resources.
(4) 'Division director' means the director of the Environmental Protection Division of the Department of Natural Resources.
(5) 'Emissions' means releases of residual materials which may contain pollutants into the air, land, or water.
(6) 'Environmental waste' means all environmental pollutants, emissions, and waste other than household and municipal solid waste.
(7) 'Facility' means all buildings, equipment, structures, and other stationary items that are located on a single site or on contiguous or adjacent sites and are owned or operated by

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a government or business entity or by any entity that controls, is controlled by, or is under common control with such an entity.
(8) 'Hazardous waste" means those wastes, substances, materials, and constituents which are designated or defined as hazardous waste pursuant to Code Section 12-8-62.
(9) 'In-process recycling' means the return of potential wastes or their components for reuse within existing production processes or operations so as to reduce, avoid, or eliminate the use, transportation, and release of toxic or hazardous substances.
(10) 'Input change' means a change in raw materials used in a production process or operation so as to reduce, avoid, or eliminate the use of toxic or hazardous substances.
(11) 'Multimedia' refers to air, water, and land environmental media into which waste is emitted, released, discharged, or disposed.
(12) 'Office' means the Office of Pollution Prevention Assistance created under this article.
(13) 'Office director' means the director of the Office of Pollution Prevention Assistance.
(14) 'Operational improvement' means improved plant management so as to reduce, avoid, or eliminate the use of toxic or hazardous substances.
(15) 'Person' means any individual, corporation, organization, government, governmen tal subdivision, governmental agency, business trust, partnership, association, or any other legal entity.
(16) 'Plan' means the plan provided for in Code Section 12-8-185.
(17) 'Pollution prevention' means all assistance which contributes to the use of materi als, processes, or practices that reduce or eliminate the creation of pollutants or environ mental wastes at the source. This includes, but is not limited to, practices that reduce the use of toxic and hazardous substances, energy, water, or other resources and practices that protect natural resources through conservation or more efficient use, including in-process recycling, input change, operational improvement, product reformulation, production pro cess change, reuse, and source reduction.
(18) 'Product reformulation' means change in the design, composition, or specifications of end use products so as to reduce, avoid, or eliminate the use of toxic or hazardous substances.
(19) 'Production process change' means significant changes in the basic technology and equipment of production, including modernization, modification, or better control of process equipment, so as to reduce, avoid, or eliminate the use of toxic or hazardous substances and the generation of environmental waste.
(20) 'Public" means all governmental agencies, federal, state, and local, and private in dustries, special interest groups, academia, and citizens, other than the office.
(21) 'Reclamation' means the recovery of a useful or valuable material from a waste stream. Reclamation allows potential waste materials to be put to a beneficial use rather than going to treatment, storage, or disposal.
(22) 'Recycling' means techniques characterized as use, reuse, and reclamation tech niques, also referred to as resource recovery. Use or reuse involves the return of a potential waste material either to the originating process as a substitute for an input material or to another process as an input material.
(23) 'Release' means the introduction of any type of toxic or hazardous substance or material into or on surface water, ground water, air, or land.
(24) 'Source reduction' means activities as defined in paragraph (5) of Code Section 128-101. It also means the elimination or reduction of waste generation at the source, usually within a process. Source reduction activities and techniques include in-process, recycling of hazardous constituents, substitution of nonhazardous or less hazardous materials, process

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optimization or modification, technology changes, administrative changes such as inventory control, and housekeeping practices such as waste segregation. Source reduction results in reducing the amount or toxicity or both of potential waste material or emissions exiting from a process.
(25) 'Toxic material,' 'hazardous material,' 'toxic or hazardous substance,' and 'toxins' are interchangeable and mean:
(A) A chemical that is identified on the Toxic Chemical List established pursuant to Section 313 of the federal Emergency Planning and Community Right-to-Know Act of 1986;
(B) A chemical substance in a gaseous, liquid, or solid state that meets the definition of hazardous substance in Section 101(14) of the federal Comprehensive Environmental Re sponse, Compensation, and Liability Act of 1980 in effect on January 1, 1989, 42 U.S.C. Section 9601 et seq., as amended; or
(C) A mixture containing substances described in subparagraph (A) or (B) of this paragraph.
(26) 'Toxin use' means the manufacture, storage, or employment of toxins in any pri vate or public production process or operation.
(27) 'Treatment' means technological processes which reduce the volume, toxicity, or mobility of waste that is generated. Examples include, but are not limited to, incineration, vitrification, neutralization, chemical extraction, physical separation, and solidification/sta bilization technologies.
(28) 'User' means any person, firm, corporation, partnership, association, or other entity engaged in a business or providing services, including government entities, that uses toxins, emits pollutants, or generates environmental waste.
(29) 'User segment' means any number of users in Georgia who employ similar technol ogies, production processes, operations, or other similar activities to produce similar prod ucts or results using similar materials or generating a similar environmental waste stream.
(30) 'Voluntary' means that the pollution prevention and environmental waste reduc tion assistance provided by the office is not mandatory on the user or user segment. Their participation is voluntary, except as may otherwise be required by any other federal or state law, such as hazardous waste reduction planning and reporting required under Code Sec tions 12-8-65.1 and 12-8-65.2, or as may be agreed to in a consent order from the division director.
(31) 'Waste minimization' means waste management and pollution control activities ex clusive of waste reduction. The term means elimination or minimization of the generation of waste prior to treatment, storage, and disposal. Waste minimization is any source reduction or recycling activity that results in a reduction of the total volume of hazardous waste, re duction or toxicity of hazardous waste, or both as long as that reduction is consistent with the general goal of minimizing present and future threats to human health and the environ ment. Waste minimization results in avoiding the generation of waste.
(32) 'Waste reduction' means a practice by an environmental waste generator, including changes in production technology, material, processes, operations, or procedures or use of in-process, in-line, or closed loop recycling, that reduces the environmental and health hazards associated with waste without diluting or concentrating the waste before release, handling, storage, transport, treatment, or disposal of the waste. The term does not include a practice applied to environmental waste after it is generated and exits a production or commercial operation. Waste reduction shall not in any way be inferred to promote, include, or require: (A) waste burning in industrial furnaces, boilers, or cement kilns; (B) transfer of an environmental waste from one environmental medium to another environmental me dium; (C) conversion of a potential waste into another form for use in a production process or operation without serving any substantial productive function; (D) off-site waste re cycling; or (E) any other method of end-of-pipe management of environmental wastes.

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12-8-183. There is established within the Office of the Governor the Office of Pollution Prevention Assistance which shall be attached for administrative purposes only, as that term is defined in Code Section 50-4-3, to the Office of Planning and Budget. The director of the Office of Pollution Prevention Assistance shall be appointed by the Governor and shall serve at the pleasure of the Governor. The director of the Office of Pollution Preven tion Assistance shall have the authority to appoint personnel and institute activities to ful fill the purposes of this article and shall have the authority to promulgate and adopt rules and regulations to carry out the purposes of this article. Participation in the assistance ac tivities of the office shall be voluntary except as otherwise may be required by law.
12-8-184. (a) The Office of Pollution Prevention Assistance shall have sole authority and responsibility for the administration of this article. The Office of Pollution Prevention Assistance shall have the authority and responsibility to do the following:
(1) To plan, develop, coordinate, implement, report, and encourage voluntary pollution prevention assistance and environmental waste reduction policies and programs within the state;
(2) To consult with other departments, agencies, or officials of this state or political subdivisions thereof, federal agencies, and appropriate private and professional organiza tions in matters related to pollution prevention and environmental waste reduction;
(3) To do those things necessary to cooperate with the United States government and to qualify for, accept, and disburse any public or private grant intended for the implementa tion of this article;
(4) To apply for, receive, accept, and administer funds and programs from federal, state, and local government agencies and departments or subdivisions thereof and private sources made available to the state for the purposes of this article;
(5) To enter into agreements and contracts as are necessary for the implementation of this article;
(6) To inform, educate, and provide materials to other agencies of the state or political subdivisions thereof and to the public on pollution prevention related matters, with particu lar emphasis on pollution prevention and environmental waste reduction technologies, processes, materials, activities, and trends and their social, environmental, and economic impacts, and other matters to accomplish the purposes of this article;
(7) To review the relationship and impact of international, federal, and regional pollu tion prevention and waste management laws, regulations, policies, and programs on the state's pollution prevention and environmental waste reduction policies and programs;
(8) To collect and analyze data relative to toxic and hazardous substances use, pollution prevention, and environmental waste management and report, with appropriate recommen dations, such findings to the Governor annually;
(9) To biennially assess its own and other government programs and projects that pro mote, either directly or indirectly, or that could potentially promote or discourage pollution prevention, waste minimization, and environmental waste reduction in Georgia;
(10) To maintain awareness of related research, with particular emphasis on research fostering the reduction of toxic and hazardous substances use, hazards of environmental waste, and media transfer, which research could be of importance to the state's welfare for the purposes of providing constructive and supportive action; and
(11) To establish a comprehensive multimedia assessment and assistance program designed to promote and support voluntary pollution prevention and environmental waste reduction.
(b) The office, at the direction of the Governor, may also serve as staff to the Georgia Hazardous Waste Management Authority as is necessary to implement Article 4 of this chapter, and the office director may also, at the direction of the Governor, serve as executive

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director of the Georgia Hazardous Waste Management Authority. The Governor shall spec ify from which agency the staff shall receive compensation.
(c) The Georgia Hazardous Waste Management Authority may provide advice and make recommendations on matters relative to the accomplishment of the purposes of this article to the office director to assist in furthering development of the office and an orderly transition of existing programs in source reduction, pollution prevention, and environmental waste reduction to the office.
(d) The office shall follow the policies and programs of the Georgia Hazardous Waste Management Authority relating to public involvement, needs assessment, and source reduc tion until the office makes changes to such policies and programs. Any such changes shall be reflected in the work plan developed pursuant to Code Section 12-8-188.
(e) (1) There is created the Pollution Prevention Assistance Advisory Committee to consist of seven members, four of whom shall be appointed by the Governor and one each appointed by the President of the Senate, the Speaker of the House of Representatives, and the Chancellor of the University System of Georgia. The Governor shall appoint the chairperson from among the members. The members shall serve terms of two years and may be reappointed.
(2) The committee shall meet at the call of the chairperson, but not less than annually, to develop advice and counsel for the office director.
(3) The office director may request the committee to consider specific items of interest to the office director.
(f) The office director shall have the authority and responsibility to do the following:
(1) To implement the provisions of this article and assist in implementing the policies adopted to implement this article;
(2) To appoint work groups, composed of a reasonable cross-section of the public, which shall have the necessary expertise and experience to provide advice to the office director on matters of specific policy and programs to achieve the goals of this article. At a minimum, each work group shall, to the extent reasonable, include one or more representatives from environmental and conservation groups, affected industries or industry groups, and the gen eral public; and
(3) To recommend, review, and comment on state and federal environmental programs and rules in order to encourage incentives rather than disincentives to achieve the goals of this article.
12-8-185. (a) Within 12 months after the effective date of this article, the office shall complete a pollution prevention assistance plan for the State of Georgia, the purpose of which shall be to outline the office's plan to achieve voluntary participation by businesses and industries within the state in pollution prevention activities so as to meet the goals set forth in Code Section 12-8-181. The plan shall establish objectives of the office and address and contain such matters as the office shall deem appropriate and shall include, as is reason able, at least the following:
(1) Estimates of the types and quantities of toxins which will be used and waste which will be generated in Georgia for a five-year period from the date of issuance of the plan;
(2) An assessment of toxic use patterns, production technologies, treatment and dispo sal patterns, existing regulatory standards, emissions and environmental waste generation and compliance, volumes and toxicity of emissions and environmental waste generated and released, hazards of such releases, and the potential for current and future technological innovation and change that may result in pollution prevention and emission and environ mental waste reduction, in order to identify users and user segments which are considered to be priorities for achieving the goals of this article. Users which have had major violations of environmental laws or regulations within two years prior to the date of review of plans and programs may be included as priority users;

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(3) Descriptions of and recommendations for the implementation strategies required to promote voluntary pollution prevention and environmental waste reduction for the types and quantities of toxins and wastes estimated under paragraph (1) of this subsection and for the users and user segments identified under paragraph (2) of this subsection, as well as other users or user segments specified by the office director;
(4) Specific objectives for voluntary pollution prevention and environmental waste reduction;
(5) Policies and procedures that will encourage the establishment of private and public programs, services, and other activities that the office recommends for voluntary pollution prevention and environmental waste reduction; and
(6) A schedule for the office to:
(A) Encourage each facility at which toxic or hazardous substances are used in excess of the threshold reporting amounts of Section 313 of the federal Emergency Planning and Community Right-to-Know Act of 1986 to engage in an assessment and planning process to develop a program for pollution prevention and environmental waste reduction;
(B) Encourage users preparing such a plan to consider evaluation of chemicals used in excess of 10,000 pounds annually and the feasibility of input change, product reformulation, production process change, operational improvement, and in-process recycling; and
(C) Establish guidelines for certification of such user plans and encourage that such plans be reviewed and certified by a licensed professional engineer and a certified industrial hygienist.
(b) The plan developed by the office shall be published for public comment and shall be sent to the Governor, the division director, the Lieutenant Governor, and the Speaker of the House of Representatives for comment. The office shall seek and encourage public comment on the plan, such comment to be documented and considered by the office.
(c) Upon finalization within 60 days after publication for public comment, the plan shall be implemented by the office and shall be amended from time to time as required or appropriate, after public notice and comment, to meet the goals of this article.
12-8-186. Information provided by users and user segments in the course of developing and implementing pollution prevention and environmental waste reduction assessments, ac tivities, and plans which are designated by law as confidential or proprietary shall not be disclosed by the office to the public. Pollution prevention and environmental waste reduc tion reports and plans developed jointly by the user or user segments and the office shall be the property of the user or user segment, except as otherwise agreed to and except for such reports as otherwise required by law.
12-8-187. The office shall undertake pollution prevention and environmental waste re duction impact analysis for toxic substances related regulations within the state and shall advise the division director on rule-making and planning efforts of the division that estab lish standards, rules, or requirements governing toxic substance production, use, transport, distribution, and workplace or environmental release.
12-8-188. (a) Before November 15 of each even-numbered year, the office director shall prepare and present to the Governor, Lieutenant Governor, Speaker of the House of Repre sentatives, and state agencies a report of the office's operations and activities pursuant to this article and an assessment of the future hazardous waste disposal capacity needs of Georgia. The report shall review progress toward pollution prevention and environmental waste reduction goals established by Code Section 12-8-181, the office, and the plan; provide an evaluation of progress by user segments; and make any appropriate recommendations for legislative action, including the desirability of mandatory pollution prevention activities, which should be considered to meet such goals. The report shall include a proposed work plan for the following biennium which will provide, to the extent possible, an evaluation of

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projects and strategies for bringing about voluntary pollution prevention and waste reduc tion, alternatives to toxic use, objectives, financing, and institutional innovations. The re port may also include amendments to the plan required under Code Section 12-8-185.
(b) The office shall seek and encourage public comment on the report, such comment to be documented and considered by the office.
12-8-189. The office may, at the direction of the Governor, prepare the biennial report of hazardous waste generators required under Section 104(k) of the Superfund Amendments and Reauthorization Act of 1986 and prepare the capacity assurance plan required under 40 C.F.R. 262.41.
12-8-190. (a) The office shall develop appropriate criteria and institute a recognition program for participating users and user segments and organizations and individuals worthy of such recognition and shall maintain such records as are necessary to such a program.
(b) The office shall develop recommended procedures for recognizing and crediting pol lution prevention and environmental waste reduction achievements by users and user seg ments in the event mandatory reduction programs are ever instituted by the General Assembly.
(c) (1) The office shall no less than biennially use the facility needs assessment model developed by the Georgia Hazardous Waste Management Authority, as amended from time to time, to assess capacity, demand, generation, and other factors which may affect the de termination of the need for a hazardous waste management facility in Georgia to be built with state support and involvement.
(2) The office shall monitor the factors stated in paragraph (1) of this subsection to determine if the assessment required by such paragraph is necessary.
(3) The office shall use the results of the monitoring required in paragraph (2) of this subsection in the work plan prepared pursuant to subsection (a) of Code Section 12-8-188 and shall produce a needs assessment report on a biennial schedule. Such report shall be made available for public comment and shall be provided to the Governor, the President of the Senate, the Speaker of the House of Representatives, and all state agencies for comment."
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 41, nays 1, and the substitute was adopted.

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

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

Those voting in the affirmative were Senators:

Abernathy Balfour Baugh Bowen Broun of 46th Brown of 26th Burton Cheeks Clay Coleman

Crotts Dawkins Day Dean Edge Egan Farrow Garner Gillis Harbison

Hemmer Henson Hill Hooks Huggins Isakson Langford of 35th Langford of 29th Madden Marable

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607

Middleton Oliver Parrish Perdue Pollard Ragan of llth

Ragan of 32nd Ralston Ray Scott Slotin Starr

Taylor Thomas Thompson Turner Tysinger

Those voting in the negative were Senators:

Blitch Boshears Glanton

Gochenour Kemp

Newbill Robinson

Not voting were Senators Alien (excused) and Walker.

On the passage of the bill, the yeas were 47, nays 7.

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

The following communication was placed in the Journal at the Senator's request:

The State Senate Atlanta, Georgia 30334

February 19, 1993

MEMORANDUM

TO:

The Honorable Frank Eldridge

Secretary of the Senate

FROM:

Senator Terrell Starr District 44

RE:

Roll Call 2/19/93

Please let the record show that I was in my office meeting with a delegation from Clayton County and missed roll call today.

Senator Robinson of the 16th moved that the Senate stand in recess until 5:00 o'clock P.M. today and at that time stand adjourned, pursuant to HR 323, adopted previously, until 10:00 o'clock A.M. on Monday, February 22, 1993.

At 11:52 o'clock A.M., the President announced the motion prevailed.

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Senate Chamber, Atlanta, Georgia Monday, February 22, 1993
Twenty-third Legislative Day
The Senate met pursuant to adjournment at 10:00 o'clock A.M. today and was called to order by the President.
Senator Huggins of the 53rd reported that the Journal of the proceedings of Friday, February 19, 1993, 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 713. By Representative Hanner of the 159th: A bill to reconstitute the Board of Education of Webster County and provide for its powers, duties, rights, obligations, and liabilities and subject it to certain con stitutional and statutory provisions.
HB 717. By Representative Perry of the llth: A bill to amend an Act incorporating the Town of Trion, so as to reconstitute the Board of Education of the Town of Trion and provide for its powers, duties, rights, obligations, and liabilities and subject it to certain constitutional and stat utory provisions.
HB 744. By Representatives Milam of the 130th, Epps of the 131st and Smith of the 102nd: A bill to amend an Act creating a new charter for the City of LaGrange, so as to provide for a referendum election in the City of LaGrange at which the voters of the City of LaGrange shall be given choices relating to the composition and selec tion of the members of the governing authority.
HB 756. By Representatives Walker of the 141st, Floyd of the 138th, Watson of the 139th and Ray of the 128th: A bill to amend an Act creating a board of commissioners of Houston County, so as to change provisions relating to the place for holding the regular monthly meeting in the City of Perry.
HB 775. By Representatives Milam of the 130th, Epps of the 131st and Smith of the 102nd: A bill to amend an Act creating a new charter for the City of LaGrange, so as to delete certain provisions relating to the conducting of elections, time of election, absentee voting, and election rules.
HB 780. By Representatives Channell of the lllth and Yeargin of the 90th: A bill to amend an Act providing an annual salary for the Wilkes County coro ner, so as to change the salary of the coroner.

MONDAY, FEBRUARY 22, 1993

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HB 745. By Representatives Mosley of the 171st and Byrd of the 170th:
A bill to provide for a homestead exemption from Wayne County ad valorem taxes for county purposes and from Wayne County School District ad valorem taxes for educational purposes for certain residents of that county and school district.
HB 283. By Representatives Patten of the 176th and Barfoot of the 155th:
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 generally, so as to provide that such division is authorized to provide training for waste-water treatment plant operators and waste-water labo ratory analysts.
HB 653. By Representatives Skipper of the 137th, Dixon of the 150th, Watson of the 139th, Powell of the 23rd, Barfoot of the 155th 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, and other utility contractors, so as to define certain terms; to change the composition of the State Construction Industry Licensing Board.
HB 600. By Representatives Streat of the 167th, Byrd of the 170th and Mosley of the 171st:
A bill to amend Code Section 50-14-1 of the Official Code of Georgia Annotated, relating to open public meetings, so as to provide for additional notice of called meetings in counties where the legal organ is published less often than four times weekly.
HB 429. By Representatives Smith of the 175th, Hart of the 116th, Purcell of the 147th, Henson of the 65th, Ray of the 128th and others:
A bill to amend Part 2 of Article 9 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to receipt and disbursement of local school funds, so as to change the purposes for which those funds may be expended.
HB 349. By Representatives Parrish of the 144th, Coleman of the 142nd and Davis of the 48th:
A bill to provide for the Department of Labor a supplemental appropriation, pursuant to and in accordance with provisions of Code Section 34-8-81 of the Official Code of Georgia Annotated, relating to the creation and purposes of the Employment Security Administration Fund, and Code Section 34-8-85 of the Of ficial Code of Georgia Annotated, relating to certain withdrawals from the Unem ployment Trust Fund.
HB 143. By Representatives Thomas of the 100th, Chambless of the 163rd and Hammond of the 32nd:
A bill to amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to provide for the creation and funding of alternative dispute resolu tion programs in each county of this state.
HB 162. By Representative Twiggs of the 8th:
A bill to amend Chapter 1 of Title 35 of the Official Code of Georgia Annotated, relating to general provisions relative to law enforcement officers, so as to provide that when a person being taken into custody injures or otherwise contacts a law

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enforcement officer the officer may take certain steps to determine whether the person has an infectious or communicable disease.
HB 584. By Representatives Cauthorn of the 35th, Culbreth of the 132nd, Byrd of the 170th, Harris of the 112th, Snow of the 2nd and others: A bill to amend Code Section 13-6-15 of the Official Code of Georgia Annotated, relating to damages for writing bad checks, so as to provide that the maker of a dishonored check shall have ten days to pay the payee in cash; to provide for notice of this ten-day period.
HB 379. By Representative Williams of the 63rd:
A bill to amend Code Section 43-17-9 of the Official Code of Georgia Annotated, relating to exemptions from the "Georgia Charitable Solicitations Act of 1988," so as to provide for an exemption for charitable organizations whose total gross revenue is less than $25,000.00.
SB 102. By Senator Pollard of the 24th: A bill to repeal an Act providing for a board of elections in each county having a population of not less than 22,312 and not more than 22,825, approved April 11, 1979, as amended by an Act providing for applicability to each county having a population of not less than 40,000 and not more than 40,700, approved April 12, 1982; to provide an effective date.
SB 177. By Senators Starr of the 44th, Thomas of the 10th and Glanton of the 34th: A bill to provide that the school superintendent of the Clayton County School District shall be appointed by the board of education of Clayton County.
SB 178. By Senators Starr of the 44th and Thomas of the 10th: A bill to amend an Act creating the board of commissioners of Clayton County, as amended, so as to change the provisions relating to the compensation of the chairman; to provide an effective date.
SB 179. By Senators Starr of the 44th, Thomas of the 10th and Glanton of the 34th: A bill to amend an Act providing for a supplement to the salaries of the judges of the Superior Court of the Clayton Judicial Circuit, as amended, so as to change the county supplement to the state salary of said judges; to provide an effective date.
SB 181. By Senators Starr of the 44th, Thomas of the 10th and Glanton of the 34th: A bill to amend an Act providing for a county supplement to the state salary of the district attorney of the Clayton Judicial Circuit, as amended, so as to change the amount of said supplement; to provide an effective date.
SB 182. By Senators Starr of the 44th, Thomas of the 10th and Glanton of the 34th:
A bill to amend an Act placing the sheriff and clerk of the Superior Court of Clayton County on an annual salary, as amended, so as to change the provisions relating to the salary of the sheriff; to provide an effective date.
SB 184. By Senators Starr of the 44th, Thomas of the 10th and Glanton of the 34th: A bill to amend an Act providing a salary for the official court reporter of the Clayton Judicial Circuit, as amended, so as to change the compensation of the official court reporters of the Clayton Judicial Circuit; to provide an effective date.

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611

SB 218. By Senators Starr of the 44th, Glanton of the 34th and Thomas of the 10th:
A bill to amend an Act consolidating the offices of tax receiver and tax collector of Clayton County into the single office of tax commissioner of Clayton County, as amended, so as to provide for the application of civil service benefits to the deputy tax commissioner; to provide an effective date.
SB 220. By Senators Starr of the 44th, Glanton of the 34th and Thomas of the 10th:
A bill authorizing the Board of Commissioners of Clayton County to offer the elected officials of Clayton County, and all employees subject to the jurisdiction of such elected officials, participation in the county's retirement and benefit sys tem; to make provisions for petitioning the board of commissioners to allow such elected officials and their employees coverage under the county's system; to pro vide an effective date.
SB 221. By Senators Starr of the 44th and Thomas of the 10th:
A bill to amend an Act providing for the appointment of the chief magistrate of the Magistrate Court of Clayton County so as to provide for the partisan election of the chief magistrate; to provide for terms of office; to provide for filling vacancies.
SB 217. By Senator Starr of the 44th:
A bill to provide a homestead exemption from certain City of Morrow ad valorem taxes for city purposes in the amount of $5,000.00 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 applicability; to provide for a referendum, effective dates, and au tomatic repeal.
SB 219. By Senators Starr of the 44th, Glanton of the 34th and Thomas of the 10th:
A bill to amend an Act providing for an increase in the homestead exemption from county ad valorem taxes for residents of Clayton County who own and oc cupy their residences, as amended, so as to increase the amount of such exemp tion for residents of Clayton County who are 65 years of age or over.
The House has adopted by the requisite constitutional majority the following resolu tions of the House and Senate:
HR 123. By Representatives James of the 140th and Colwell of the 7th:
A resolution authorizing the conveyance of certain state owned real property lo cated in Macon County.
HR 182. By Representative Jamieson of the 22nd:
A resolution authorizing the subleasing of interests in certain real property owned by the State of Georgia in Rabun County.

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HR 180. By Representatives Baker of the 70th, Bordeaux of the 151st, Orrock of the 56th, Carrell of the 87th and Davis of the 48th:
A resolution creating the Georgia Lead Poisoning Prevention Study Committee.
SR 69. By Senator Dean of the 31st: A resolution designating the Syble W. Brannan Parkway.
The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:
SB 298. By Senators Balfour of the 9th, Day of the 48th, Tysinger of the 41st and Burton of the 5th: A bill to amend an Act providing for districts for the election of the Board of Education of Gwinnett County, as amended, so as to increase the salary for the members of the board of education.
Referred to Committee on Urban and County Affairs.
SB 299. By Senators Gochenour of the 27th, Balfour of the 9th and Glanton of the 34th: A bill to amend Part 2 of Article 1 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to the power of housing authorities generally, so as to provide a definition; to provide that housing authorities shall contract with qualified tenant management organizations for the operation and management of housing projects of the authorities.
Referred to Committee on Health and Human Services.
SB 300. By Senator Boshears of the 6th: A bill to amend Article 6 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to the payment of workers' compensation benefits, so as to provide for the designation of certain medical tests and a listing of providers of such tests by the State Board of Workers' Compensation; to provide for proce dures to be followed prior to the performance of such tests upon an injured worker; to provide exceptions from such procedures.
Referred to Committee on Insurance and Labor.
SB 301. By Senators Henson of the 55th, Perdue of the 18th and Pollard of the 24th: A bill to amend Code Section 3-3-21 of the Official Code of Georgia Annotated, relating to sales of alcoholic beverages near churches, school buildings, or other sites, so as to prohibit the sale of alcoholic beverages within 400 yards of any church, school, or public alcoholic treatment center; to provide a grandfather clause for existing licensees and transferees of existing licenses.
Referred to Committee on Consumer Affairs.
SB 302. By Senator Walker of the 22nd: A bill to amend Code Section 46-5-134 of the Official Code of Georgia Annotated, relating to the establishment of the Emergency Telephone System Fund, so as to provide for the allocation of money from the Emergency Telephone System Fund; to provide for an additional use for such money.
Referred to Committee on Finance and Public Utilities.
SB 303. By Senator Garner of the 30th: 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

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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; to define a certain term; to establish requirements for an award of such credit; to provide for an effective date and automatic repeal.
Referred to Committee on Retirement.
SB 304. By Senators Garner of the 30th, Henson of the 55th and Hemmer of the 49th:
A bill to amend Part 1 of Article 4 of Chapter 12 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia Sports Hall of Fame, so as to change the membership of the Georgia Sports Hall of Fame Board; to provide for related matters; to provide an effective date.
Referred to Committee on Economic Development, Tourism and Cultural Affairs.
SB 305. By Senator Dawkins of the 45th:
A bill to amend Chapter 11 of Title 43 of the Official Code of Georgia Annotated, relating to dentists, dental hygienists, and dental assistants, so as to substantially revise the laws relating to dentists, dental hygienists, and dental assistants; to change certain definitions and provide for additional definitions; to change the name of the Georgia Board of Dentistry and to create a new Georgia Board of Dentistry and Dental Hygiene. Referred to Committee on Health and Human Services.
SB 306. By Senators Garner of the 30th and Robinson of the 16th:
A bill to amend Chapter 1 of Title 27 of the Official Code of Georgia Annotated, relating to general provisions concerning game and fish, so as to provide that after a conservation ranger has accumulated 25 years of service with the Depart ment of Natural Resources as a peace officer and upon leaving such department under honorable conditions, such conservation ranger shall be entitled as part of his compensation to retain his weapon. Referred to Committee on Public Safety.
SR 11. By Senators Ragan of the llth, Hemmer of the 49th, Ralston of the 51st and others:
A resolution urging the Atlanta Committee for Olympic Games, the Metropolitan Atlanta Olympic Games Authority, and the other Olympic organizing committees to avail themselves of the green industry in Georgia.
Referred to Committee on Economic Development, Tourism and Cultural Affairs.
SR 20. By Senator Slotin of the 39th:
A resolution proclaiming February 23, 1993, as Midtown Neighborhood Day at the state capitol. Referred to Committee on Rules.
SR 187. By Senators Gochenour of the 27th, Glanton of the 34th and Balfour of the 9th:
A resolution proposing an amendment to the Constitution so as to provide that the state and any county or municipality thereof shall be authorized to prohibit, restrict, or regulate nude or other sexual conduct and all incidents thereto in a manner consistent with the Constitution of the United States of America; to pro vide for the submission of this amendment for ratification or rejection. Referred to Committee on Special Judiciary.

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SR 192. By Senator Coleman of the 1st:
A resolution proposing an amendment to the Constitution so as to provide that any dispute between a county governing authority and a superior court of the county with respect to the level of county funding for the courts of the county shall be determined by a trial by jury; to provide for the submission of this amendment for ratification or rejection. Referred to Committee on Judiciary.
SR 195. By Senators Gochenour of the 27th, Tysinger of the 41st, Newbill of the 56th and others:
A resolution urging Congress to take all steps necessary to preserve the ban prohibiting the service of homosexuals in the military. Referred to Committee on Defense and Veterans Affairs.
The following bills and resolutions of the House were read the first time and referred to committees:
HB 143. By Representatives Thomas of the 100th, Chambless of the 163rd and Hammond of the 32nd:
A bill to amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to provide for the creation and funding of alternative dispute resolu tion programs in each county of this state. Referred to Committee on Judiciary.
HB 162. By Representative Twiggs of the 8th:
A bill to amend Chapter 1 of Title 35 of the Official Code of Georgia Annotated, relating to general provisions relative to law enforcement officers, so as to provide that when a person being taken into custody injures or otherwise contacts a law enforcement officer the officer may take certain steps to determine whether the person has an infectious or communicable disease. Referred to Committee on Judiciary.
HB 283. By Representatives Patten of the 176th and Barfoot of the 155th:
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 generally, so as to provide that such division is authorized to provide training for waste-water treatment plant operators and waste-water labo ratory analysts. Referred to Committee on Natural Resources.
HB 349. By Representatives Parrish of the 144th and Coleman of the 142nd:
A bill to provide for the Department of Labor a supplemental appropriation, pursuant to and in accordance with provisions of Code Section 34-8-81 of the Official Code of Georgia Annotated, relating to the creation and purposes of the Employment Security Administration Fund, and Code Section 34-8-85 of the Of ficial Code of Georgia Annotated, relating to certain withdrawals from the Unem ployment Trust Fund. Referred to Committee on Insurance and Labor.
HB 379. By Representative Williams of the 63rd:
A bill to amend Code Section 43-17-9 of the Official Code of Georgia Annotated, relating to exemptions from the "Georgia Charitable Solicitations Act of 1988,"

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615

so as to provide for an exemption for charitable organizations whose total gross revenue is less than $25,000.00. Referred to Committee on Finance and Public Utilities.
HB 429. By Representatives Smith of the 175th, Hart of the 116th, Purcell of the 147th and others:
A bill to amend Part 2 of Article 9 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to receipt and disbursement of local school funds, so as to change the purposes for which those funds may be expended. Referred to Committee on Education.
HB 584. By Representatives Cauthorn of the 35th, Culbreth of the 132nd, Byrd of the 170th and others:
A bill to amend Code Section 13-6-15 of the Official Code of Georgia Annotated, relating to damages for writing bad checks, so as to provide that the maker of a dishonored check shall have ten days to pay the payee in cash; to provide for notice of this ten-day period. Referred to Committee on Special Judiciary.
HB 600. By Representatives Streat of the 167th, Byrd of the 170th and Mosley of the 171st:
A bill to amend Code Section 50-14-1 of the Official Code of Georgia Annotated, relating to open public meetings, so as to provide for additional notice of called meetings in counties where the legal organ is published less often than four times weekly. Referred to Committee on Special Judiciary.
HB 653. By Representatives Skipper of the 137th, Dixon of the 150th, Watson of the 139th 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, and other utility contractors, so as to define certain terms; to change the composition of the State Construction Industry Licensing Board. Referred to Committee on Science, Technology, and Industry.
HB 713. By Representative Hanner of the 159th:
A bill to reconstitute the Board of Education of Webster County and provide for its powers, duties, rights, obligations, and liabilities and subject it to certain con stitutional and statutory provisions. Referred to Committee on Urban and County Affairs.
HB 717. By Representative Perry of the llth:
A bill to amend an Act incorporating the Town of Trion, so as to reconstitute the Board of Education of the Town of Trion and provide for its powers, duties, rights, obligations, and liabilities and subject it to certain constitutional and stat utory provisions. Referred to Committee on Urban and County Affairs.
HB 744. By Representatives Milam of the 130th, Epps of the 131st and Smith of the 102nd:
A bill to amend an Act creating a new charter for the City of LaGrange, so as to provide for a referendum election in the City of LaGrange at which the voters of

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the City of LaGrange shall be given choices relating to the composition and selec tion of the members of the governing authority. Referred to Committee on Urban and County Affairs.
HB 756. By Representatives Walker of the 141st, Floyd of the 138th, Watson of the 139th and Ray of the 128th: A bill to amend an Act creating a board of commissioners of Houston County, so as to change provisions relating to the place for holding the regular monthly meeting in the City of Perry.
Referred to Committee on Urban and County Affairs.
HB 775. By Representatives Milam of the 130th, Epps of the 131st and Smith of the 102nd: A bill to amend an Act creating a new charter for the City of LaGrange, so as to delete certain provisions relating to the conducting of elections, time of election, absentee voting, and election rules.
Referred to Committee on Urban and County Affairs.
HB 780. By Representatives Channell of the lllth and Yeargin of the 90th: A bill to amend an Act providing an annual salary for the Wilkes County coro ner, so as to change the salary of the coroner.
Referred to Committee on Urban and County Affairs.
HB 745. By Representatives Mosley of the 171st and Byrd of the 170th: A bill to provide for a homestead exemption from Wayne County ad valorem taxes for county purposes and from Wayne County School District ad valorem taxes for educational purposes for certain residents of that county and school district.
Referred to Committee on Urban and County Affairs.
HR 123. By Representatives James of the 140th and Colwell of the 7th: A resolution authorizing the conveyance of certain state owned real property lo cated in Macon County.
Referred to Committee on Finance and Public Utilities.
HR 180. By Representatives Baker of the 70th, Bordeaux of the 151st, Orrock of the 56th and others: A resolution creating the Georgia Lead Poisoning Prevention Study Committee.
Referred to Committee on Rules.
HR 182. By Representative Jamieson of the 22nd: A resolution authorizing the subleasing of interests in certain real property owned by the State of Georgia in Rabun County.
Referred to Committee on Finance and Public Utilities.
The following report of a standing committee was read by the Secretary:
Mr. President:
The Committee on Urban and County Affairs has had under consideration the following

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617

bills of the House and has instructed me to report the same back to the Senate with the following recommendations:

HB 509. Do pass.

HB 730. Do pass.

HB 691. Do pass.

HB 731. Do pass.

Respectfully submitted,

Senator Thompson of the 33rd District, Chairman

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

SB 15. By Senator Egan of the 40th:
A bill to amend Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to the licensing of physicians, so as to repeal specifically Code Section 43-34-1, limiting the performance of surgery and other invasive procedures; to provide an effective date.

SB 92. By Senators Coleman of the 1st and Thompson of the 33rd:
A bill to amend Code Section 32-6-2 of the Official Code of Georgia Annotated, relating to the authority of the department, counties, and municipalities to regu late parking and remove unattended vehicles from public roads, so as to author ize the Department of Transportation to remove all unattended, abandoned, or distressed motor vehicles from any portion of the state highway system.

SB 137. By Senators Henson of the 55th, Walker of the 22nd and Thomas of the 10th:
A bill to amend Chapter 10A of Title 43 of the Official Code of Georgia Anno tated, relating to professional counseling, social work, and marriage and family therapy, so as to change the provisions relating to legislative purpose; to change the provisions relating to definitions; to change the provisions relating to the li censing requirements and exceptions thereto; to change the provisions relating to legislative construction.

SB 197. By Senators Oliver of the 42nd, Hemmer of the 49th and Marable of the 52nd:
A bill to amend Article 11 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to the Georgia Child Care Council, so as to provide for stag gered appointments of members of the council; to amend Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to programs and protection for children, so as to create the Georgia Child Care Council, so as to repeal the auto matic repealer of such Act.

SB 201. By Senator Oliver of the 42nd:
A bill to amend Article 1 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, the "Housing Authorities Law," so as to change certain provisions relating to the investment of funds of a housing authority; to change certain pro visions regarding the sale of bonds by a housing authority; to provide for an ef fective date.

SB 222. By Senators Robinson of the 16th, Marable of the 52nd, Hill of the 4th and others:
A bill to amend Article 7 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to the sale or distribution to or possession by minors of ciga rettes, so as to change the definition of "minor"; to change a certain penalty; to increase the size of print for notices regarding illegal sales and change the age on such notices; to restrict locations for vending machines; to restrict locations where free samples may be distributed.

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SB 225. By Senators Oliver of the 42nd, Slotin of the 39th, Robinson of the 16th and others:
A bill to amend Article 1 of Chapter 16 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions regarding public property, so as to pro vide for legislative findings; to provide for definitions; to provide for the creation of the Commission on the Preservation of the State Capitol and its members, terms, compensation and expenses, powers, and duties; to provide for assignment for administrative purposes.
SB 237. By Senator Garner of the 30th:
A bill to amend Code Section 16-13-49 of the Official Code of Georgia Annotated, relating to forfeitures under the "Georgia Controlled Substances Act," so as to provide that under certain conditions an amount not exceeding 25 percent of money forfeited or realized from the disposition of forfeited property shall be paid to a person, other than a law enforcement officer, who furnishes information which leads to the seizure of property.
SB 271. By Senators Gillis of the 20th, Oliver of the 42nd and Hill of the 4th:
A bill to amend Chapter 13 of Title 45 of the Official Code of Georgia Annotated, relating to the Secretary of State, so as to provide for a Georgia Historical Records Advisory Board; to provide for duties and responsibilities; to provide for membership and composition; to provide for filling vacancies; to provide for meetings; to provide authority to accept and use gifts, grants, and donations; to provide authority to make grants.
SB 275. By Senators Gillis of the 20th, Hill of the 4th and Perdue of the 18th:
A bill to amend Article 2 of Chapter 7 of Title 16 of the Official Code of Georgia Annotated, relating to criminal trespass and damage to property, so as to provide a short title; to define certain terms; to proscribe the dumping of waste in certain places; to provide penalties; to provide for applicability.
HB 71. By Representative Holland of the 157th:
A bill to amend Article 1 of Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions relative to the probate court, so as to provide for the service of a minor or an incapacitated adult by serving such per son's legal guardian or guardian ad litem.
HB 72. By Representative Holland of the 157th:
A bill to amend Article 4 of Chapter 12 of Title 9 of the Official Code of Georgia Annotated, relating to judgment liens, so as to provide that when a bona fide purchaser has been in possession of real property for four years, such property shall be discharged from the lien of any judgment against the seller or any prede cessor in title.
HB 73. By Representatives Holland of the 157th, Ray of the 128th, Jenkins of the 110th and Reaves of the 178th:
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.

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619

HB 75. By Representatives Holland of the 157th, Ray of the 128th, Jenkins of the 110th and Reaves of the 178th:
A bill to amend Code Section 11-9-312 of the Official Code of Georgia Annotated, relating to priorities among conflicting security interests in the same collateral, so as to provide that certain perfected production loans shall take priority over cer tain earlier perfected security interests.
HB 77. By Representatives Williams of the 114th, Padgett of the 119th and Connell of the 115th:
A bill to amend Chapter 23 of Title 33 of the Official Code of Georgia Annotated, relating to the licensing of insurance agents, subagents, and others, so as to pro vide for the issuance of a display certificate of licensure by the Commissioner of Insurance.
HB 87. By Representatives Baker of the 70th, Bordeaux of the 151st and Orrock of the 56th:
A bill to amend Chapter 1 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions regarding revenue and taxation, so as to provide for a taxpayer's bill of rights.
HB 139. By Representative Wall of the 82nd:
A bill to amend Part 1 of Article 3 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to wiretapping, eavesdropping, surveillance, and related offenses, so as to provide that it shall be unlawful for any person, mali ciously and without the consent of all parties to the communication, to intercept, receive, or assist in intercepting or receiving a communication transmitted be tween cellular radio telephones or between any cellular radio telephone and a landline telephone.
HB 218. By Representative Dover of the 9th:
A bill to amend Chapter 1 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions of the "Georgia Public Revenue Code," so as to revise provisions relating to Georgia taxes; to define the terms "Internal Revenue Code" and "Internal Revenue Code of 1986" and thereby to incorporate provi sions of federal law into Georgia law.
HB 229. By Representatives Buck of the 135th, Smyre of the 136th and Culbreth of the 132nd:
A bill to amend Code Section 48-5-444 of the Official Code of Georgia Annotated, relating to the place of returns of motor vehicles and mobile homes for ad valorem tax purposes, so as to change certain provisions relating to the county where a motor vehicle is required to be returned.
HB 293. By Representatives Ashe of the 46th, Sinkfield of the 57th, Greene of the 158th and others:
A bill to amend Article 5 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to the State Housing Trust Fund for the Homeless Commis sion, so as to change and clarify certain powers of the commission.

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HB 294. By Representatives Sinkfield of the 57th, McKinney of the 51st, Royal of the 164th and others: A bill to amend Code Section 45-9-4 of the Official Code of Georgia Annotated, relating to the purchase of insurance by the commissioner of administrative ser vices, so as to authorize the purchase of liability insurance for attention and con tract home parents providing services through the Department of Children and Youth Services as well as to purchase insurance against property damage to their homes by youth living therein.
HB 299. By Representatives Sinkfield of the 57th, McKinney of the 51st, Royal of the 164th and others: A bill to amend Chapter 8 of Title 35 of the Official Code of Georgia Annotated, relating to the employment and training of peace officers, so as to designate the authority to apprehend unruly and delinquent children with the appropriate state department.
HB 328. By Representatives Harris of the 112th, Dover of the 9th, Royal of the 164th and Skipper of the 137th: A bill to amend Code Section 48-5-311 of the Official Code of Georgia Annotated, relating to county boards of equalization, so as to require that such boards shall specify in writing the reasons for decisions on questions presented on appeal.
HB 454. By Representatives Walker of the 141st, Reaves of the 178th, Watson of the 139th and others: A bill to amend Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to trade practices, and Chapter 8 of Title 13 of the Official Code of Geor gia Annotated, relating to illegal and void contracts, so as to provide for regula tion of the distribution of tractors, farm equipment, heavy equipment, and motor vehicles.
SR 152. By Senators Oliver of the 42nd, Thomas of the 10th, Hill of the 4th and others: A resolution creating the Elder Abuse Task Force.
SR 173. By Senators Henson of the 55th, Oliver of the 42nd, Edge of the 28th and others: A resolution relating to global warming and air pollution.
HR 119. By Representatives Bargeron of the 120th and Harris of the 112th: A resolution commending Floyd L. Norton and designating the Floyd L. Norton Bridge.
HR 167. By Representatives Padgett of the 119th, Connell of the 115th and Brown of the 117th: A resolution authorizing the leasing of certain real property owned by the State of Georgia in Richmond County, Georgia.
The President called for the morning roll call, and the following Senators answered to their names:

Abernathy Alien Balfour Baugh Blitch

Boshears Bowen Broun of 46th Brown of 26th Burton

Cheeks Clay Coleman Crotts Dawkins

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621

Day Dean Edge Egan Farrow Garner Gillis Glanton Gochenour Harbison Hemmer Henson Hill

Hooks Huggins Isakson Kemp Langford of 35th Langford of 29th Madden Marable Middleton Newbill Oliver Parrish Perdue

Pollard Ragan of llth Ragan of 32nd Ralston Robinson Slotin Starr Taylor Thomas Thompson Turner Tysinger Walker

Not answering were Senators Ray and Scott.

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

Senator Walker of the 22nd introduced the chaplain of the day, Reverend J. S. Wright, pastor of Macedonia Baptist Church, Augusta, Georgia, who offered scripture reading and prayer.

Senator Edge of the 28th introduced Nancy Royal, 1993 Georgia Teacher of the Year, who, having been commended by SR 150, adopted previously, briefly addressed the Senate.

The following resolutions of the Senate were read and adopted:

SR 25. By Senator Hemmer of the 49th: A resolution honoring the late Francis Marion "Frank" Hendley, II.

SR 28. By Senator Garner of the 30th: A resolution commending George J. Faz.

SR 40. By Senator Boshears of the 6th: A resolution commending Mrs. Wilma Collins.

SR 43. By Senators Brown of the 26th and Perdue of the 18th:
A resolution commending the mayor and council of the City of Macon, the mem bers of the Bibb County board of commissioners, the Keep Macon-Bibb Beauti ful Commission, and the Cherry Blossom Festival Board with respect to the an nual Cherry Blossom Festival.

SR 47. By Senators Madden of the 47th and Broun of the 46th: A resolution expressing regret at the passing of Honorable Bill Mehaffey.

SR 53. By Senator Hemmer of the 49th:
A resolution commending and recognizing Mr. Bobby Gruhn of Gainesville, Georgia.

SR 193. By Senator Dean of the 31st:
A resolution commending and congratulating the First Presbyterian Church of Cartersville on its sesquicentennial anniversary.

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JOURNAL OF THE SENATE

SR 194. By Senators Tysinger of the 41st, Thomas of the 10th, Henson of the 55th and others:
A resolution recognizing and commending J. David Chesnut.

SR 196. By Senators Tysinger of the 41st, Broun of the 46th and Gillis of the 20th:
A resolution providing for the placement of a portrait of Honorable Hamilton McWhorter, Jr.

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
Monday, February 22, 1993
TWENTY-THIRD LEGISLATIVE DAY
(The names listed with each bill are the Senators whose districts are affected by the legislation.)

HB 509 Dawkins, 45th Crotts, 17th CITY OF SOCIAL CIRCLE
Reconstitutes the Board of Education of Social Circle; provides for its pow ers, duties, rights, obligations, and liabilities.

HB 691 Baugh, 25th JASPER COUNTY
Reconstitutes the Board of Education of Jasper County; provides for its pow ers, duties, rights, obligations, and liabilities.

HB 730 Gillis, 20th EMANUEL COUNTY
Provides that vehicles shall be registered and licensed to operate for the en suing calendar year and thereafter in Emanuel County during designated re gistration periods.

HB 731 Gillis, 20th EMANUEL COUNTY
Amends the "Emanuel County Development Authority Act"; changes provi sions for terms and selection of the members of the authority.

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

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

Those voting in the affirmative were Senators:

Balfour Baugh Blitch Boshears Bowen Broun of 46th Brown of 26th

Burton Cheeks Clay Coleman Crotts Dawkins Day

Dean Edge Egan Farrow Garner Gillis Glanton

MONDAY, FEBRUARY 22, 1993

623

Gochenour Harbison Hemmer HTHiei-linil son Hooks Huggins
Isakson Langford of 35th Langford of 29th

Madden Marable Middleton NAOMle-iwvebrill Perdue Pollard
Ragan of llth Ragan of 32nd Ralston

Ray Robinson Scott oe,,ni,o**ti;*n, *, Tflylor
Thompson Turner Tysinger

Those not voting were Senators:

Abernathy Alien

Kemp Parrish

Thomas Walker

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

All the bills on the Senate Local Consent Calendar, having received the requisite consti tutional majority, were passed.

SENATE RULES CALENDAR
Monday, February 22, 1993
TWENTY-THIRD LEGISLATIVE DAY
SB 249 Torts--notice of civil action involving medical assistance recipient (Judy--42nd)
SB 232 Stone Mountain Judicial Circuit--additional superior court judge (Judy--43rd)
SB 172 Year's Support--define "child", "children" (Judy--54th)
SB 143 Housing--home inspector requirements (Substitute) (I&L--56th)
SB 238 Vehicle Weight, Dimensions--fee for wood roof, floor truss loads (Trans--30th)
SB 192 Georgia Building Authority, Departments, Agencies--purchase of building materials, fixtures (Gov Op--12th)
SB 83 Firemen's Pension Fund--volunteer fireman membership (Substitute) (Ret--22nd)
SB 227 Commerce--"Brokerage Relationships in Real Estate Transactions" (Judy--54th)
SB 173 Wrongful Death Action on Behalf of Minor--holding of amount recovered (Judy--54th)
SB 242 License Plates, Decals, Drivers' Licenses for Veterans--change provisions (D&VA--15th)
SB 122 Juvenile Law Enforcement Records--school official inspection (S Judy--37th)
SB 234 Child Abuse Prevention Panel--membership, compensation, powers (Judy--12th)
Respectfully submitted, /s/ George Hooks of the 14th, Chairman
Senate Rules Committee

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JOURNAL OF THE SENATE

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

SB 249. By Senator Oliver of the 42nd:
A bill to amend Code Section 9-2-21 of the Official Code of Georgia Annotated, relating to parties to actions for torts, so as to provide for a notice of civil action involving recipients of medical assistance; to provide that notice may be by United States mail.

Senator Balfour of the 9th offered the following amendment:

Amend SB 249 by inserting on page 1, line 17, prior to the word "notify" the following:
"in good faith and without delay";
And add on page 1, line 27, after the word "court" the following: "Any person who knowingly violates this section shall be deemed to be in violation of OCGA 49-4-128.".

On the adoption of the amendment, the yeas were 4, nays 34, 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:

Abernathy Alien Balfour Baugh Bowen Broun of 46th Brown of 26th Cheeks Clay Coleman Crotts Dawkins Day Dean Edge Egan Farrow

Garner Gillis Glanton Gochenour Harbison Hemmer Henson Hill Hooks Huggins Isakson Langford of 29th Madden Marable Middleton Newbill

Oliver Perdue Pollard Ragan of llth Ragan of 32nd Ralston Ray Robinson Scott Slotin Starr Taylor Thomas Thompson Tysinger Walker

Those voting in the negative were Senators:

Blitch Boshears

Burton

Turner

Those not voting were Senators:

Kemp

Langford of 35th

Parrish

On the passage of the bill, the yeas were 49, nays 4.

MONDAY, FEBRUARY 22, 1993

625

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

Senator Boshears of the 6th introduced a doctor of the day, Dr. Mckee Hargrett, from Jesup, Georgia.

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

SB 232. By Senators Parrish of the 43rd, Oliver of the 42nd, Henson of the 55th and Thomas of the 10th:
A bill to amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to numbers of judges of superior courts, so as to provide for a tenth judge of the superior courts of the Stone Mountain Judicial Circuit of Georgia; to provide for the appointment of the first such additional judge by the Governor; to provide for the election of successors to the judge initially appointed.

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

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

Those voting in the affirmative were Senators:

Abernathy Alien
Balfour Baugh Boshears Bowen Broun of 46th Brown of 26th Burton Cheeks Clay
Coleman Crotts Day Dean Edge Egan Farrow

Garner Gillis Glanton Gochenour Harbison Hemmer Henson Hill Hooks Huggins Isakson Kemp Langford of 35th Langford of 29th Madden Marable Middleton Newbill

Oliver Parrish Perdue Pollard Ragan of llth Ragan of 32nd Ralston Ray Robinson Slotin Starr Taylor Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Blitch

Dawkins

Scott

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

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

SB 172. By Senators Farrow of the 54th, Oliver of the 42nd, Ralston of the 51st and others:
A bill to amend Chapter 5 of Title 53 of the Official Code of Georgia Annotated, relating to year's support, so as to define the term "child" or "children" for pur poses of year's support.

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JOURNAL OF THE SENATE

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

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

Those voting in the affirmative were Senators:

Abernathy Alien Balfour Baugh Blitch Boshears BrB>orowuenn off 4Ar6-Lth\Brown of 26th Burton Cheeks Clay
Coleman Crotts
Dawkins Day Dean Edge

Egan Farrow Garner Gillis Glanton Gochenour nHHr eamrbmisoern Henson Hill Hooks Huggins
Isakson Kemp
Langford of 29th Madden Marable Middleton

Newbill Oliver Parrish Perdue Pollard R of mh pK_a_g0an_ nocf 3Q2On-.dJ
n ,,* Robinson Scott
Slotm Taylor
Thomas Thompson Turner Tysinger

Those not voting were Senators:

Langford of 35th

Starr

Walker

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

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

SB 143. By Senator Newbill of the 56th:
A bill to amend Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to housing generally, so as to provide for requirements for home inspec tors; to provide for definitions; to provide for requirements relative to bonding or insurance; to provide for exceptions; to prohibit certain conduct; to provide for penalties.

The Senate Committee on Insurance and Labor offered the following substitute to SB 143:

A BILL
To be entitled an Act to amend Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to housing generally, so as to provide for requirements for home inspec tors; to provide for definitions; to provide for penalties; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to housing generally, is amended by adding at the end thereof a new Article 6 to read as follows:
"ARTICLE 6
8-3-330. As used in this article, the term 'home inspector' means any person, except an

MONDAY, FEBRUARY 22, 1993

627

employee of a county, municipality, or political subdivision while engaged in the perform ance of the duties of his or her employment, who, for consideration, inspects and reports on the condition of any home or single-family dwelling or the grounds, roof, exterior surface, garage or carport, structure, attic, basement or crawl space, electrical system, heating sys tem, air-conditioning system, plumbing, on-site sewerage disposal, pool or hot tub, fireplace, kitchen, appliances, or any combination thereof for a prospective purchaser or seller.
8-3-331. Every home inspector shall enter into an agreement with the person on whose behalf a home or single-family dwelling is being inspected specifying:
(1) The scope of the inspection, including those structural elements, systems, and sub systems to be inspected;
(2) That the inspection is a visual inspection; and
(3) That the home inspector will notify in writing the person on whose behalf such inspection is being made of any defects noted during the inspection, along with any recom mendation that certain experts be retained to determine the extent and corrective action necessary for such defects.
8-3-332. Any person violating any of the provisions 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 42, nays 0, and the substitute was adopted.

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

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

Those voting in the affirmative were Senators:

Abernathy Alien Balfour
Baugh Blitch Boshears
BB,,BCrB>horruoowrwut.eon,nnnooffc 4o26o6ttth,uh QI^IlccKs Coleman C rotts Dawkins Day Edge Egan Farrow

Garner Gillis Glanton
Gochenour Harbison Hemmer
H"IH,,,HT,i-ouel,no,gl skg, osmns TIsak- son Kem P Langford of 35th Langford of 29th Madden Marable Middleton Newbill

Oliver Parrish Perdue
Pollard Ragan of llth Ragan of 32nd
RRTMRDcScoaaoyltb_st-ittnosnon m Slo.ti- n Starr Taylor Thomas Thompson Turner Tysinger Walker

Not voting was Senator Dean.

On the passage of the bill, the yeas were 55, nays 0.

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

628

JOURNAL OF THE SENATE

Senator Garner of the 30th moved that Senator Dean of the 31st be excused from the Senate today due to his surveying the tornado damage in his district.

On the motion, the yeas were 40, nays 0; the motion prevailed, and Senator Dean of the 31st was excused from the Senate today.

Senator Ray of the 19th introduced a doctor of the day, Dr. Mary Jones, of Nicholls, Georgia.

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

SB 238. By Senator Garner of the 30th:
A bill to amend Code Section 32-6-28 of the Official Code of Georgia Annotated, relating to permits for excess weight and dimensions with respect to the opera tion of certain vehicles on the public roads of this state, so as to change the provisions relating to permits for excess dimensions; to provide for an annual permit and permit fee for loads of preengineered and premanufactured wood roof and floor trusses up to and including 12 feet wide.

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

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 Balfour Baugh Blitch Boshears Bowen Broun of 46th Brown of 26th Burton CClhaeyeks
Coleman Crotts Dawkins Day Edge Farrow Garner

Gillis Glanton Gochenour Harbison Hemmer Henson Hill Hooks Huggms IKsaekmspon
Langford of 35th Langford of 29th Madden Marable Middleton Newbill Oliver

Parrish Perdue Pollard Ragan of llth Ragan of 32nd Ralston R Ro ingon ,, *|, ot.ln
btarr Taylor Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Abernathy

Dean (excused)

Egan

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

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

MONDAY, FEBRUARY 22, 1993

629

SB 192. By Senators Taylor of the 12th, Henson of the 55th and Brown of the 26th:
A bill to amend Chapter 9 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia Building Authority, so as to define a certain term; to pro vide that such authority and all other state departments and agencies and au thorities shall purchase building materials and fixtures based on life cycle costs.

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

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

Those voting in the affirmative were Senators:

Abernathy Alien Balfour Baugh Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cheeks Clay Coleman Crotts Dawkins Day Edge Farrow

Garner Gillis Glanton Gochenour Harbison Hemmer Henson Hill Hooks Huggins Isakson Kemp Langford of 35th Langford of 29th Madden Marable Middleton Newbill

Oliver Parrish Perdue Pollard Ragan of llth Ragan of 32nd Ralston Ray Robinson
Scott Slotin Starr Taylor Thomas Thompson Turner Tysinger Walker

Not voting were Senators Dean (excused) and Egan.

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

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

SB 83. By Senator Walker of the 22nd:
A bill to amend Chapter 7 of Title 47 of the Official Code of Georgia Annotated, relating to the Georgia Firemen's Pension Fund, so as to provide that any person employed as a fireman or enrolled as a volunteer fireman may apply for member ship in such fund without regard to age; to repeal certain requirements for a physical examination; to repeal certain conditions of membership in such pension fund related to the physical condition of the member.

630

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:

Claude L. Vickers, State Auditor

DATE:

January 11, 1993

SUBJECT: Senate Bill 83 (LC 21 1985) Georgia Firemen's Pension Fund

This bill provides that any person employed as a fireman or enrolled as a volunteer fireman may apply for membership in the Firemen's Pension Fund without regard to age, it repeals the requirement for physical examination for admittance and readmittance into the fund and it provides for creditable service and benefits calculation for certain persons sus pended from membership. This bill also provides that members of this pension fund shall not be entitled to creditable service for service for which members are also entitled to re ceive creditable service under the Peace Officers' Annuity and Benefit Fund and that active members of this pension fund on or after July 1, 1993, shall not be entitled to a disability benefit.

This is to certify that this is a nonfiscal retirement bill as defined in the Public Retire ment Systems Standards Law.

Is/ Claude L. Vickers State Auditor

The Senate Committee on Retirement offered the following substitute to SB 83:

A BILL
To be entitled an Act to amend Chapter 7 of Title 47 of the Official Code of Georgia Annotated, relating to the Georgia Firemen's Pension Fund, so as to provide that any per son employed as a fireman or enrolled as a volunteer fireman may apply for membership in such fund without regard to age; to repeal certain requirements for a physical examination; to repeal certain conditions of membership in such pension fund related to the physical condition of the member; to repeal certain conditions relating to meeting medical require ments as a prerequisite to reinstatement in said pension fund; to provide for creditable service and benefits calculation for certain persons suspended from membership; to provide that members of said pension fund shall not be entitled to creditable service for service for which such members are also entitled to receive creditable service under the Peace Officers' Annuity and Benefit Fund; to provide that persons who are active members of said pension fund or who become or again become active members of such pension fund on or after July 1, 1993, shall not be entitled to a disability benefit; 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 7 of Title 47 of the Official Code of Georgia Annotated, relating to the Georgia Firemen's Pension Fund, is amended by striking in its entirety Code Section 477-40, relating to eligibility to apply for membership in the Georgia Firemen's Pension Fund and related matters, and inserting in lieu thereof the following:
"47-7-40. (a) (1) Any person employed as a fireman or enrolled as a volunteer fireman is eligible to make application to the board for membership in the fund, provided that the

MONDAY, FEBRUARY 22, 1993

631

person io of auch age aa to be able to make the monthly payments required by this Code section for a period of not leaa than 20 years prior to the attainment of the normal retire ment age of 66.
(2) A person who is otherwise eligible under paragraph (1) of thia subsection for mem bership in the fund, but who ia not of auch age aa to be able to aatiafy the service require ments set forth therein, may make application to the board for membership in the fund, but in that event, such pcraon ahull not be eligible for or acquire any rights to any disability benefit provided pursuant to Code Section 47-7-102.
{3} Upon becoming a member of the fund, a fireman or volunteer fireman shall receive credit only from the date of his or her becoming a member of the fund.
(b) Each applicant for membership in the fund ohall oubmit a phyoieian'a report, in writing, attesting to the applicant's current physical condition. If the fire department or volunteer fire department with which the applicant ia affiliated requires a physical cxamina tion as a prerequisite to employment as a fireman or enrollment as a volunteer fireman, a copy of auch phyaician's report ahall be attached to the application for mcmbcrahip in the fund. The board may require additional physicians' reports to be submitted prior to ac ccpting any applicant for membership.
(c) If the application, any physician's report, or other information obtained by the board reveals that the applicant has a prccxiating disease, illness, injury, or abnormality, the board may, in its discretion, cither.
(1) Condition the grant of the application for membership on the applicant's execution of a waiver in the entirety of eligibility for and righta to any disability benefit under Code Section 47 7102 in aubatantially the following form.
'I accept the conditional grant of my application for membership in the Georgia Fire men's Pension Fund and fully and forever waive in the entirety eligibility for and righta to any disability benefit under Code Section 47-7-102 of the Official Code of Georgia Anno-
(2) Condition the grant of the application for membership on the applicant's execution of a waiver of eligibility for and righta to diaability benefits under Code Section 47-7-102 limited to a waiver of benefits otherwise payable for disability resulting from aggravation of such preexisting diacaac, illncaa, injury, or abnormality. Such waiver ahall be in the form aa prescribed by the board.
Any waiver executed by an applicant under thia aubscction ahall bo conclusive and irrevocable.
(d) The board ahall have the authority to require a member of the fund to undergo examination by a physician aa a condition to continued membership.
(c) If a physician's report obtained by the board with respect to a member rcvcala that the member haa an illncaa, disease, or physical injury or abnormality not incurred while performing the duties of a fireman during a period of active membership in the fund, except heart diacaac or rcapiratory disease, the board may require, aa a condition to continued membership, the member's execution of a waiver of eligibility for and rights to disability benefits under Code Section 47-7-102 limited to a waiver of benefits otherwise payable for disability resulting from aggravation of such preexisting disease, illncos, injury, or abnormal ity. Such waiver shall be in the form as prescribed by the board. No failure to obtain such waiver shall enlarge the righta granted by thia chapter. Any waiver executed by an applicant under thia subsection shall be conclusive and irrevocable.
(f) If an application, physician's report, or other information obtained by the board with respect to a member applying for reinstatement to active statua who has obtained leave of absence, has withdrawn, or has been suspended, reveals that the member haa an illncaa, disease, injury, or abnormality, the board, in its discretion, may cither.
(1) Condition the grant of the application for rcinatatcmcnt to active membership on

632

JOURNAL OF THE SENATE

the applicant's execution of a waiver in the entirety of eligibility for and righta to any disci' bility benefit under Code Section 47-7-102 in substantially the following form.
'I accept the conditional grant of my application for reinstatement to active member ship in the Georgia Firemen'3 Pension Fund and fully and forever waive in the entirety eligibility for and rights to any disability benefit under Code Section 47-7-102 of the Official Code of Georgia Annotated'; or
(2) Condition the grant of the application for reinstatement to membership on the ap plicant's execution of a waiver of eligibility for and righta to disability benefits under Code Section 47 7 102 limited to a waiver of benefits otherwise payable for disability resulting from aggravation of such preexisting disease, illncas, injury, or abnormality. 8uch waiver shall be in the form as prescribed by the board.
Any waiver executed by an applicant under this subsection shall be conclusive and irrevocable.
(g) In the cxcrcioc of ito diocrction under thin aubacction, the board may rely upon the standards promulgated from time to time by the National Fire Protection Association for qualification for employment to the extent the board determines such standards reasonable and appropriate to its responsibilities under this Code section.
(h) (b) After April 1, 1989, no person who is a member of the Peace Officers' Annuity and Benefit Fund shall be eligible for membership in the fund by virtue of any employment in or appointment to a position^ the duties of which position qualify such person for mem bership in the Peace Officers' Annuity and Benefit Fund."
Section 2. Said chapter is further amended by striking in its entirety paragraph (2) of subsection (b) of Code Section 47-7-41, relating to the effect of withdrawal of contributions or termination of employment under said pension fund, and inserting in lieu thereof the following:
"(2) An applicant for reinstatement of membership in the fund as provided in this sub section shall not be entitled to such reinstatement unless at the time of such application the applicant meets the medical and other requirements set forth in Code Section 47-7-40 as-ft prerequisite to reinstated active membership and the grant of such application shall be con ditioned in the manner set forth in Code Section 47 7'40."
Section 3. Said chapter is further amended by striking in their entireties subsections (b) and (c) of Code Section 47-7-60, relating to dues required of members of said pension fund, and inserting in lieu thereof the following:
"(b) (1) Any member who becomes six months in arrears in making such payments shall be removed from membership in the fund and shall thereafter be ineligible for membership in or benefits under the fund, except as provided in this subsection and in subsection (c) of this Code section.
(2) Any member who has been removed from membership in the fund under paragraph (1) of this subsection may make application to the board for reinstatement of membership. Upon such application, the applicant must pay to the fund a reinstatement fee of $100.00. Upon such reinstatement, such member shall be entitled to credit for service rendered after reinstatement to active membership in the fund but not for service rendered prior to the suspension of the member except as provided in subsection (c) of this Code section. Any such applicant who fails to satisfy the requirements of reinstatement shall not be entitled to membership in the fund.
(3) An applicant for reinstatement of membership in the fund as provided in this sub section shall not be entitled to reinstatement unless at the time of such application the applicant meets the medical and other requirements set forth in Code Section 47-7-40 as a prerequisite to reinstatement to active membership, and the grant of such application shall be conditioned in the manner set forth in Code Section 47-7-40.
(c) In the event a member who has attained the minimum service credits required for a

MONDAY, FEBRUARY 22, 1993

633

normal retirement benefit under Code Section 47-7-100 is suspended from membership in the fund under this Code section and is not thereafter reinstated, then, provided that such member does not withdraw dues paid to the fund prior to the suspension of the member, upon reinstatement of such member in accordance with subsection (b) of this Code section, such member shall be entitled to credit for service for months for which required dues had been paid at the time of removal and to credit for service rendered after reinstatement. In the event such member is removed and is not thereafter reinstated, then, provided that such member does not withdraw dues paid to the fund prior to the suspension of the member, the normal retirement benefit payable under Code Section 47-7-100 to which such member may thereafter become entitled upon termination of service shall be calculated on the date of the member's suspension from the fund, using the service credits and age the member had attained on the date of suspension, which shall be deemed to be 60 years the youngest age at which early retirement benefits may commence or such greater age as the member has actually attained on that date, and the maximum monthly benefit in effect on such date of suspension to calculate such benefits. Unlcaa reinstated aa provided in thia Code section, such member shall not be entitled to disability benefits for disability arising after the date of suspension."
Section 4. Said chapter is further amended by striking in its entirety Code Section 47-783, relating to service credit for members of such pension fund who are also members of the Peace Officers' Annuity and Benefit Fund, and inserting in lieu thereof the following:
"47-7-83. (a) No credit shall be given for service rendered after April 1, 1989, by a member who is also a member of the Peace Officers' Annuity and Benefit Fund if such service is creditable under the Peace Officers' Annuity and Benefit Fund to which such member belongs.
(b) After July 1, 1993, a member of the fund who is also a member of the Peace Officers' Annuity and Benefit Fund shall not be eligible for creditable service in the fund for any period after that date with respect to which such member is also entitled to any creditable service in the Peace Officers' Annuity and Benefit Fund."
Section 5. Said chapter is further amended by striking in their entireties subsections (b) and (c) of Code Section 47-7-101, relating to eligibility for retirement benefits under such pension fund, and inserting in lieu thereof the following:
"(b) Any person who again becomes a paid employee of a fire department or of a volun teer fire department after having been placed on retirement or disability under Code Sec tion 47-7-100 or 47-7-102 shall immediately notify the secretary-treasurer of such reemployment. Retirement benefits being paid to such person shall be suspended as of the date of such reemployment and shall remain suspended until such reemployment terminates at which time the payment of retirement benefits shall be resumed in the amount to which the person was eligible at the time of his reemployment. Disability benefits being paid to any such person shall be terminated as of the date of such reemployment. Within six months of the commencement of reemployment, any such person who at the time of Ms application otherwise meets the requirements for membership may, by application in the manner pro vided by this chapter, become a member of the fund. Creditable acrvicc obtained by auch applicant prior to the commencement of his prior retirement or disability shall be used in determining whether the applicant satisfies the age requirements of aubacction (a) of Code Section 47-7-40. In the event the application is granted, such member, upon meeting the requirements provided by law, shall be entitled to all benefits provided for in Code Sections Section 47-7-100 and 47 7-102, but the amount of monthly retirement or disability benefits payable to such member shall not exceed the amount of the monthly benefit which would be payable to such member had such subsequent retirement or disability become effective at the time of the member's prior retirement or disability, unless after such reemployment he the member shall have acquired not less than seven years' creditable service as a member of the fund.
(c) A member who is eligible to receive a benefit under Code Section 47-7-100 shall not be entitled to benefits under Code Section 47-7-102."

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JOURNAL OF THE SENATE

Section 6. Said chapter is further amended by inserting at the end of Code Section 477-102, relating to eligibility for disability benefits under such pension fund, the following:
"(k) Any other provision of this Code section to the contrary notwithstanding, no mem ber who is an active member of the fund on July 1, 1993, and no member who becomes an active member of the fund or who again becomes an active member of the fund on or after July 1, 1993, shall be entitled to any benefits under this Code section; provided, however, that any person who is receiving benefits pursuant to the provisions of this Code section on such date shall continue to be eligible to receive such benefits under the terms and condi tions provided in this Code section; provided, further, that any member who has timely given notice to the board or who has timely made application to the board for disability benefits in accordance with this Code section prior to July 1, 1993, shall, upon approval of the application for such benefits, continue to be eligible for such benefits pursuant to the provisions of this Code section."
Section 7. 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 Charles Walker

State Senator

FROM:

Claude L. Vickers, State Auditor

DATE:

January 28, 1993

SUBJECT: Senate Bill 83 (LC 21 2110) Georgia Firemen's Pension Fund

This bill provides that any person employed as a fireman or enrolled as a volunteer fireman may apply for membership in the Firemen's Pension Fund without regard to age, it repeals the requirement for physical examination for admittance and readmittance into the fund and it provides for creditable service and benefits calculation for certain persons sus pended from membership. This bill also provides that members of this pension fund shall not be entitled to creditable service for service for which members are also entitled to re ceive creditable service under the Peace Officers' Annuity and Benefit Fund and that active members of this pension fund on or after July 1, 1993, shall not be entitled to a disability benefit unless the member has given timely notice of injury or made application to the board for benefits prior to July 1, 1993.

This is to certify that this is a nonfiscal retirement bill as defined in the Public Retire ment Systems Standards Law.

/s/ Claude L. Vickers State Auditor

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

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

MONDAY, FEBRUARY 22, 1993

635

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

Those voting in the affirmative were Senators:

Abernathy Alien Balfour
Baugh Blitch Boshears
nWen tAKv. Broun of 46th BnBr,ruorwt.o,nn of 26th QV_/IlecAS Coleman Crotts Dawkins Day Edge Egan Farrow

Garner Gillis Glanton
Gochenour Harbison Hemmer
Henson ffill uHuHouogkg, sm s Isakson KemP Langford of 35th Langford of 29th Madden Marable Middleton Newbill

Oliver Parrish Perdue
Pollard Ragan of llth Ragan of 32nd
Ralston R nRcScoo7b^.ti..itn. son Srtilo.tm> Starr Taylor Thomas Thompson Turner Tysinger Walker

Not voting was Senator Dean (excused).

On the passage of the bill, the yeas were 55, nays 0.

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

SB 227. By Senators Farrow of the 54th, Oliver of the 42nd, Robinson of the 16th and others:
A bill to amend Title 10 of the Official Code of Georgia Annotated, relating to commerce, so as to add a new Chapter 6A to be entitled "Brokerage Relation ships in Real Estate Transactions"; to provide legislative declaration; to define certain terms; to establish certain relationships between real estate brokers and their clients; to establish certain duties and responsibilities for real estate bro kers; to provide for duration of brokerage engagements.

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

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 Balfour Baugh Blitch Boshears Bowen Brown of 26th Burton Cheeks Clay Coleman

Crotts Dawkins Day Edge Egan Farrow Garner Gillis Glanton Gochenour Harbison

Hemmer Henson Hill Hooks Muggins Isakson Kemp Langford of 29th Madden Marable Middleton

636

JOURNAL OF THE SENATE

Newbill Oliver
Pear"diuseh Pollard Ragan of llth

Ragan of 32nd Ralston
*Ro*b.inson Slotin Starr

Taylor Thomas
Thompson
Turner Walker

Those not voting were Senators:

Abernathy Broun of 46th

Dean (excused) Langford of 35th

Scott Tysinger

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

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

SB 173. By Senators Farrow of the 54th, Oliver of the 42nd, Ralston of the 51st and others:
A bill to amend Code Section 51-4-2 of the Official Code of Georgia Annotated, relating to persons entitled to bring action for the wrongful death of spouse or parent, so as to provide that any amount recovered for a wrongful death action on behalf of a minor or minors shall be held by a guardian of the property or that guardianship be waived by the probate court.

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

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

Those voting in the affirmative were Senators:

Alien Balfour Baugh Blitch Boshears
Bowen Broun of 46th Brown of 26th BChurto, n Q^IlccKa Coleman Ootts Dawkins Day Egan Farrow

Gillis Glanton Gochenour Harbison Hemmer
Henson ml Hookg THT uggms TIsak. son KemP Langford of 29th Madden Marable Middleton Newbill

Oliver Parrish Perdue Pollard Ragan of llth
Ragan of 32nd Ralston R ~Ro?b.inson omloit*m Starr Taylor Thomas Thompson Turner Tysinger

Those not voting were Senators:

Abernathy Dean (excused) Edge

Garner Langford of 35th

Scott Walker

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

MONDAY, FEBRUARY 22, 1993

637

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

Senator Garner of the 30th, President Pro Tempore, assumed the Chair.

SB 242. By Senators Harbison of the 15th, Crotts of the 17th, Hill of the 4th and others:
A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to change the provisions relating to free license plates and revalidation decals for certain disabled veterans; to change the provi sions relating to drivers' licenses for veterans.

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

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 Balfour Baugh Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cheeks Clay Coleman Crotts
Day
Edge
Egan Farrow

Gillis Glanton Gochenour Harbison Hemmer Henson Hill Hooks Huggms Kemp Langford of 35th Langford of 29th Madden
Marable
Middleton
Newbill Oliver

Parrish Perdue Pollard Ragan of llth Ragan of 32nd Ralston R Roinson Q, ,. otm tarr Tavlor Thomas
Thompson
Turner
Tysinger Walker

Those not voting were Senators:

Abernathy Dawkins

Dean (excused) Garner (presiding)

Isakson Scott

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

The bill having received the requisite constitutional majority was passed.

SB 122. By Senators Clay of the 37th, Newbill of the 56th and Egan of the 40th:
A bill to amend Code Section 15-11-59 of the Official Code of Georgia Annotated, relating to juvenile law enforcement records and the maintenance and inspection thereof, so as to authorize the court, upon the request of a school superintendent, to allow authorized representatives of a county or independent school system to inspect and disseminate law enforcement records concerning juveniles to school administrators, counselors, principals, and teachers.

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

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

Those voting in the affirmative were Senators:

Balfour Baugh Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cheeks Clay Coleman Crotts Day Edge Egan Farrow Glanton

Gochenour Harbison Hemmer Henson Hill Hooks Huggins Isakson Kemp Langford of 35th Langford of 29th Madden Marable Middleton Newbill Oliver

Parrish Perdue Pollard Ragan of 32nd Ralston Ray Robinson Scott Slotin Starr Taylor Thomas Thompson Turner Tysinger Walker

Voting in the negative was Senator Alien.

Those not voting were Senators:

Abernathy Dawkins

Dean (excused) Garner (presiding)

Gillis Ragan of llth

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

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

SB 234. By Senators Taylor of the 12th, Henson of the 55th and Brown of the 26th:
A bill to amend Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, so as to change provisions relating to the Child Abuse Fatal ity Review Panel; to change the name of the panel to the Child Abuse Prevention Panel; to change provisions relating to the membership, compensation, powers, duties, and operations of the panel; to provide for administrative attachment of the panel to the Criminal Justice Coordinating Council.

Senator Taylor of the 12th offered the following amendment:

Amend SB 234 by inserting a new line 14 on page 7 to read: "(3) One citizen member who shall be"; And by striking the date "December 31, 1993", on line 29, page 10, and inserting the date: "December 1, 1993".

On the adoption of the amendment, the yeas were 45, nays 0, and the amendment was adopted.

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

MONDAY, FEBRUARY 22, 1993

639

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 Balfour Baugh Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cheeks Clay Coleman Crotts Day Edge Egan

Farrow Gillis Gochenour Harbison Hemmer Henson Hooks Huggins Isakson Kemp Langford of 35th Langford of 29th Madden Marable Middleton Oliver

Parrish Perdue Pollard Ragan of 32nd Ralston Ray Robinson Scott Slotin Starr Taylor Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Abernathy Dawkins Dean (excused)

Garner (presiding) Glanton Hill

Newbill Ragan of llth

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 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 102.
Respectfully submitted,
/s/ Waymond C. Huggins, Chairman Senator, District 53

Senator Robinson of the 16th moved that the Senate do now adjourn until 9:15 o'clock A.M. tomorrow, and the motion prevailed.

At 12:25 o'clock P.M., Senator Garner of the 30th, President Pro Tempore, who was presiding, announced the Senate adjourned until 9:15 o'clock A.M. tomorrow.

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Senate Chamber, Atlanta, Georgia Tuesday, February 23, 1993
Twenty-fourth Legislative Day

The Senate met pursuant to adjournment at 9:15 o'clock A.M. today and was called to order by the President.
Senator Muggins of the 53rd reported that the Journal of yesterday's proceedings had been read and found correct.
By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House:
HB 757. By Representative Birdsong of the 123rd: A bill to amend an Act creating a Board of Commissioners of Twiggs County, so as to change the composition of the commissioner districts from which members of the board are elected.
HB 758. By Representative Birdsong of the 123rd: A bill to amend an Act creating a Board of Education of Twiggs County, so as to change the composition of the education districts from which the members of the board are elected.
HB 774. By Representatives Royal of the 164th, Bostick of the 165th and Carter of the 166th: A bill to amend an Act re-creating the Board of Commissioners of Colquitt County, so as to reapportion the commissioner districts.
HB 776. By Representatives Royal of the 164th, Bostick of the 165th and Carter of the 166th: A bill to amend an Act relating to the Board of Education of Colquitt County, so as to reapportion the education districts.
HB 789. By Representative Coleman of the 142nd: A bill to amend an Act providing a new charter for the City of Eastman, so as to change the provisions relating to the filling of vacancies on the city council.
HB 228. By Representatives Walker of the 141st, Ray of the 128th, Floyd of the 138th, Jenkins of the 110th, Streat of the 167th and others: A bill to amend Article 2 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to the control of water pollution, so as to provide definitions; to provide that a county in which a sludge land application site is located shall have approval authority over the site and may assess fees for third-party monitoring.

TUESDAY, FEBRUARY 23, 1993

641

HB 546. By Representatives Watts of the 26th, Murphy of the 18th, Dover of the 9th, Benefield of the 96th, Walker of the 141st and others:
A bill to amend Part 1 of Article 5 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to commercial driveway access to the state highway system, so as to establish a maximum amount of money which may be charged by the Department of Transportation as a condition of obtaining a commercial driveway permit under certain circumstances.
HB 462. By Representatives McBee of the 88th, Buck of the 135th, Heard of the 89th, Scoggins of the 24th and Walker of the 141st:
A bill to amend Chapter 4A of Title 43 of the Official Code of Georgia Anno tated, known as the "Georgia Athlete Agents Regulatory Act of 1988," so as to change the definition of the term "athlete"; to define the scope of practice as an athlete agent in Georgia.
HB 24. By Representative Parham of the 122nd:
A bill to amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, so as to change certain provisions relative to mandatory suspension of a driver's license.
HB 232. By Representative Perry of the llth:
A bill to amend Code Section 42-4-71 of the Official Code of Georgia Annotated, relating to deduction of costs from an inmate's account for destruction of prop erty, medical treatment, and other causes, so as to provide that all sums collected from an inmate for medical treatment shall be reimbursed to the inmate if such inmate is innocent of all charges for which the inmate was being held.
HB 304. By Representatives Holmes of the 53rd, Cauthorn of the 35th, Canty of the 52nd, Kinnamon of the 4th and Chandler of the 99th:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to change certain provisions relating to the eligibility of certain registrars and deputy registrars for certain nomination or office.
HB 544. By Representatives Thomas of the 100th, Chambless of the 163rd and Groover of the 125th:
A bill to amend Part 3 of Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to mechanics and materialmen's liens, so as to provide for certain notice of lien rights.
HB 543. By Representatives Thomas of the 100th, Chambless of the 163rd and Groover of the 125th:
A bill to amend Article 4 of Chapter 82 of Title 36 of the Official Code of Georgia Annotated, relating to bonds for public contractors, so as to change the provi sions relating to action or breached bond or security deposit.
HB 545. By Representatives Thomas of the 100th, Chambless of the 163rd and Groover of the 125th:
A bill to amend Article 2 of Chapter 7 of Title 10 of the Official Code of Georgia Annotated, relating to the relative rights of creditor and surety, so as to provide for payment bonds or security deposits with respect to contracts for the construc tion of an improvement to property other than a public work.

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The House has adopted by the requisite constitutional majority the following resolu tions of the House:
HR 121. By Representative Colwell of the 7th: A resolution authorizing the granting of a nonexclusive easement for operation, maintenance, repair, and replacement of a portion of a single-family residence in, on, over, under, upon, across, or through property owned by the State of Georgia in Gilmer County.
HR 228. By Representatives Colwell of the 7th, Lawson of the 20th, Mills of the 21st and Hughes of the 19th: A resolution authorizing the conveyance of certain state owned real property lo cated in Hall County.
HR 229. By Representatives Colwell of the 7th and Dover of the 9th: A resolution authorizing the conveyance of certain state owned real property lo cated in Habersham County.
The following bills and resolution of the Senate were introduced, read the first time and referred to committees:
SB 307. By Senators Marable of the 52nd, Hemmer of the 49th and Hill of the 4th: A bill to amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, so as to provide that no driver's license shall be rein stated and no new driver's license shall be issued to any DUI offender absent proof of completion of an approved DUI Alcohol or Drug Use Risk Reduction program.
Referred to Committee on Special Judiciary.
SB 308. By Senator Oliver 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, the "Nonpublic Postsecondary Educational Institutions Act of 1990," so as to change a definition; to change the organization of the Nonpublic Postsecondary Education Commission and the manner of selecting the ex ecutive director thereof; to clarify a certain reference to the executive director; to provide for legislative findings. Referred to Committee on Higher Education.
SR 198. By Senator Thomas of the 10th: A resolution creating the Senate Study Committee on the Regulation of Tattooing.
Referred to Committee on Rules.
The following bills and resolutions of the House were read the first time and referred to committees:
HB 24. By Representative Parham of the 122nd: A bill to amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, so as to change certain provisions relative to mandatory suspension of a driver's license.
Referred to Committee on Special Judiciary.

TUESDAY, FEBRUARY 23, 1993

643

HB 228. By Representatives Walker of the 141st, Ray of the 128th, Floyd of the 138th and others:
A bill to amend Article 2 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to the control of water pollution, so as to provide definitions; to provide that a county in which a sludge land application site is located shall have approval authority over the site and may assess fees for third-party monitoring. Referred to Committee on Natural Resources.
HB 232. By Representative Perry of the llth:
A bill to amend Code Section 42-4-71 of the Official Code of Georgia Annotated, relating to deduction of costs from an inmate's account for destruction of prop erty, medical treatment, and other causes, so as to provide that all sums collected from an inmate for medical treatment shall be reimbursed to the inmate if such inmate is innocent of all charges for which the inmate was being held. Referred to Committee on Corrections.
HB 304. By Representatives Holmes of the 53rd, Cauthorn of the 35th, Canty of the 52nd, and others:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to change certain provisions relating to the eligibility of certain registrars and deputy registrars for certain nomination or office. Referred to Committee on Governmental Operations.
HB 462. By Representatives McBee of the 88th, Buck of the 135th, Heard of the 89th, and others:
A bill to amend Chapter 4A of Title 43 of the Official Code of Georgia Anno tated, known as the "Georgia Athlete Agents Regulatory Act of 1988," so as to change the definition of the term "athlete"; to define the scope of practice as an athlete agent in Georgia. Referred to Committee on Economic Development, Tourism and Cultural Affairs.
HB 543. By Representatives Thomas of the 100th, Chambless of the 163rd and Groover of the 125th:
A bill to amend Article 4 of Chapter 82 of Title 36 of the Official Code of Georgia Annotated, relating to bonds for public contractors, so as to change the provi sions relating to action or breached bond or security deposit. Referred to Committee on Judiciary.
HB 544. By Representatives Thomas of the 100th, Chambless of the 163rd and Groover of the 125th:
A bill to amend Part 3 of Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to mechanics and materialmen's liens, so as to provide for certain notice of lien rights. Referred to Committee on Judiciary.
HB 545. By Representatives Thomas of the 100th, Chambless of the 163rd and Groover of the 125th:
A bill to amend Article 2 of Chapter 7 of Title 10 of the Official Code of Georgia Annotated, relating to the relative rights of creditor and surety, so as to provide for payment bonds or security deposits with respect to contracts for the construc tion of an improvement to property other than a public work. Referred to Committee on Judiciary.

644

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HB 546. By Representatives Watts of the 26th, Murphy of the 18th, Dover of the 9th and others: A bill to amend Part 1 of Article 5 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to commercial driveway access to the state highway system, so as to establish a maximum amount of money which may be charged by the Department of Transportation as a condition of obtaining a commercial driveway permit under certain circumstances.
Referred to Committee on Transportation.
HB 757. By Representative Birdsong of the 123rd: A bill to amend an Act creating a Board of Commissioners of Twiggs County, so as to change the composition of the commissioner districts from which members of the board are elected.
Referred to Committee on Urban and County Affairs.
HB 758. By Representative Birdsong of the 123rd: A bill to amend an Act creating a Board of Education of Twiggs County, so as to change the composition of the education districts from which the members of the board are elected.
Referred to Committee on Urban and County Affairs.
HB 774. By Representatives Royal of the 164th, Bostick of the 165th and Carter of the 166th:
A bill to amend an Act re-creating the Board of Commissioners of Colquitt County, so as to reapportion the commissioner districts. Referred to Committee on Urban and County Affairs.
HB 776. By Representatives Royal of the 164th, Bostick of the 165th and Carter of the 166th:
A bill to amend an Act relating to the Board of Education of Colquitt County, so as to reapportion the education districts. Referred to Committee on Urban and County Affairs.
HB 789. By Representative Coleman of the 142nd:
A bill to amend an Act providing a new charter for the City of Eastman, so as to change the provisions relating to the filling of vacancies on the city council. Referred to Committee on Urban and County Affairs.
HR 121. By Representative Colwell of the 7th:
A resolution authorizing the granting of a nonexclusive easement for operation, maintenance, repair, and replacement of a portion of a single-family residence in, on, over, under, upon, across, or through property owned by the State of Georgia in Gilmer County. Referred to Committee on Finance and Public Utilities.
HR 228. By Representatives Colwell of the 7th, Lawson of the 20th, Mills of the 21st and Hughes of the 19th: A resolution authorizing the conveyance of certain state owned real property lo cated in Hall County.
Referred to Committee on Finance and Public Utilities.

TUESDAY, FEBRUARY 23, 1993

645

HR 229. By Representatives Colwell of the 7th and Dover of the 9th: A resolution authorizing the conveyance of certain state owned real property lo cated in Habersham County.
Referred to Committee on Finance and Public Utilities.
The following reports of standing committees were read by the Secretary:
Mr. President:
The Committee on Consumer Affairs has had under consideration the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:
SB 231. Do pass. HB 551. Do pass. HB 552. Do pass.
Respectfully submitted, Senator Langford of the 35th District, Chairman
Mr. President:
The Committee on Insurance and Labor has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the follow ing recommendation:
SB 240. Do pass as amended. Respectfully submitted, Senator Pollard of the 24th District, Chairman
Mr. President:
The Committee on Retirement has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations:
HB 496. Do pass. HB 497. Do pass. HB 502. Do pass.
Respectfully submitted, Senator Huggins of the 53rd District, Chairman
Mr. President:
The Committee on Urban and County Affairs has had under consideration the following bill and resolution of the House and has instructed me to report the same back to the Sen ate with the following recommendations:
HB 493. Do pass. HR 118. Do pass.
Respectfully submitted, Senator Thompson of the 33rd District, Chairman

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Mr. President:

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

SB 285. Do pass. HB 458. Do pass.

HB 688. Do pass. HB 746. Do pass. Respectfully submitted, Senator Thompson of the 33rd District, Chairman

The President called for the morning roll call, and the following Senators answered to their names:

Balfour Baugh Boshears Broun of 46th Brown of 26th Burton Cheeks Crotts Dawkins Day Dean Edge Egan Farrow

Garner Gillis Glanton Gochenour Harbison Hemmer Henson Hill Hooks Huggins Isakson Kemp Langford of 29th Madden

Marable Middleton Newbill Oliver Parrish Perdue Pollard Ragan of llth Ralston Robinson Slotin Starr Turner Tysinger

Those not answering were Senators:

Abernathy Alien Blitch Bowen
Clay

Coleman Langford of 35th Ragan of 32nd Ray
Scott

Taylor Thomas
Thompson Walker

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

Senator Slotin of the 39th introduced the chaplain of the day, Reverend Liz Spraggins, Associate Pastor of Reach of Love Church, Atlanta, Georgia, who offered scripture reading and prayer.

The following resolution of the Senate was read and adopted:

SR 197. By Senators Thompson of the 33rd, Ragan of the 32nd, Isakson of the 21st and Clay of the 37th:
A resolution commending Neighborhood Cobb.

Senator Pollard of the 24th moved that the following bill of the House be withdrawn

TUESDAY, FEBRUARY 23, 1993

647

from the Senate Committee on Insurance and Labor and committed to the Senate Commit tee on Appropriations:
HB 349. By Representatives Parrish of the 144th and Coleman of the 142nd: A bill to provide for the Department of Labor a supplemental appropriation, pursuant to and in accordance with provisions of Code Section 34-8-81 of the Official Code of Georgia Annotated, relating to the creation and purposes of the Employment Security Administration Fund, and Code Section 34-8-85 of the Of ficial Code of Georgia Annotated, relating to certain withdrawals from the Unem ployment Trust Fund.
On the motion, the yeas were 29, nays 0; the motion prevailed, and HB 349 was with drawn from the Senate Committee on Insurance and Labor and committed to the Senate Committee on Appropriations.
Senator Oliver of the 42nd moved that the following bill of the Senate be withdrawn from the Senate Committee on Judiciary and committed to the Senate Committee on Urban and County Affairs:
SB 254. By Senators Cheeks of the 23rd and Pollard of the 24th: A bill to amend an Act providing for a supplement to the compensation, ex penses, and allowances of the judges of the Superior Court of the Augusta Judi cial Circuit, as amended, so as to change the provisions relating to such supple ment; to provide an effective date.
On the motion, the yeas were 35, nays 0; the motion prevailed, and SB 254 was with drawn from the Senate Committee on Judiciary and committed to the Senate Committee on Urban and County Affairs.
Senator Oliver of the 42nd moved that the following bill of the Senate be withdrawn from the Senate Committee on Judiciary and committed to the Senate Committee on Urban and County Affairs:
SB 258. By Senators Dawkins of the 45th and Crotts of the 17th: A bill to provide for a supplement to the compensation, salary, expenses, and allowances of the judges of the Superior Court of the Rockdale Judicial Circuit; to provide an effective date.
On the motion, the yeas were 32, nays 0; the motion prevailed, and SB 258 was with drawn from the Senate Committee on Judiciary and committed to the Senate Committee on Urban and County Affairs.
The following local, uncontested bills of the Senate and House, favorably reported by the committee as listed on the Senate Local Consent Calendar, were put upon their passage:
SENATE LOCAL CONSENT CALENDAR
Tuesday, February 23, 1993
TWENTY-FOURTH LEGISLATIVE DAY
(The names listed with each bill are the Senators whose districts are affected by the legislation.)
SB 285 Thompson, 33rd Ragan, 32nd Clay, 37th

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Isakson, 21st COBB COUNTY
Creates Cobb County Commission on Children and Youth; changes provi sions for membership; changes date for commission to be abolished and ex tends date to July 1, 1996.

HB 458 Walker, 22nd BURKE COUNTY
Relates to compensation of the cororner of Burke County; changes the provi sions for compensation and expenses.

HB 688 Turner, 8th Ragan, llth DECATUR COUNTY
Creates the State Court of Decatur County; changes the compensation provi sions relating to the solicitor.

HB 746 Kemp, 3rd Boshears, 6th WAYNE COUNTY
Establishes the State Court of Wayne County; increases the compensation of the judge and solicitor.

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:

Balfour Baugh Blitch Boshears Bowen Brown of 26th Burton Cheeks Clay Coleman Crotts Dawkins Day Dean Edge

Egan Farrow Garner Glanton Gochenour Harbison Hemmer Henson Hill Hooks Huggins Kemp Langford of 29th Madden Marable

Middleton Newbill Perdue Pollard Ragan of llth Ragan of 32nd Ralston Ray Robinson Slotin Starr Taylor Thompson Turner Tysinger

Those not voting were Senators:

Abernathy Alien Broun of 46th Gillis

Isakson Langford of 35th Oliver Parrish

Scott Thomas Walker

TUESDAY, FEBRUARY 23, 1993

649

On the passage of all the local bills, the yeas were 45, nays 0.
All the bills on the Senate Local Consent Calendar, having received the requisite consti tutional majority, were passed.
SENATE RULES CALENDAR
Tuesday, February 23, 1993
TWENTY-FOURTH LEGISLATIVE DAY
SB 225 Commission on Preservation of Capitol, Members, Terms, Etc.--provide (Nat R--42nd)
SB 15 Surgery, Other Invasive Procedures--repeal Code Section limiting (H&HS--40th)
SB 201 Housing Authority--investment of funds (H&HS--42nd) SB 197 Child Care Council--extend and provide staggered appointments
(YA&HE--42nd) SB 275 Waste Control Law--provide (Substitute) (Nat R--20th) SR 152 Elder Abuse Task Force--create (YA&HE--42nd) SB 230 Residential Real Property Insurance--cancellation reasons (Amendment)
(I&L--19th) SB 271 Secretary of State--provide Historical Records Advisory Board (Nat R--20th)
Respectfully submitted, /s/ George Hooks of the 14th, Chairman
Senate Rules Committee
The following general bills and resolution of the Senate, favorably reported by the com mittees, were read the third time and put upon their passage:
SB 225. By Senators Oliver of the 42nd, Slotin of the 39th, Robinson of the 16th and others: A bill to amend Article 1 of Chapter 16 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions regarding public property, so as to pro vide for legislative findings; to provide for definitions; to provide for the creation of the Commission on the Preservation of the State Capitol and its members, terms, compensation and expenses, powers, and duties; to provide for assignment for administrative purposes.
Senators Newbill of the 56th, Edge of the 28th and Gochenour of the 27th offered the following amendment:
Amend SB 225 by adding on page 2, line 17, between the word "governor" and the "," the following:
"three of whom shall be a Republican."
On the adoption of the amendment, the yeas were 16, nays 24, and the amendment was lost.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

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

Those voting in the affirmative were Senators:

Balfour Baugh Blitch Boshears Broun of 46th Burton Cheeks Clay Coleman Crotts Dawkins Day Dean Edge Egan Farrow

Garner Gillis Glanton Gochenour Harbison Hemmer Hill Hooks Huggins Isakson Kemp Langford of 35th Langford of 29th Madden Marable

Middleton Newbill Oliver Perdue Pollard Ragan of llth Ralston Ray Scott Slotin Starr Thomas Thompson Turner Tysinger

Voting in the negative was Senator Henson.

Those not voting were Senators:

Abernathy Alien Bowen

Brown of 26th Parrish Ragan of 32nd

Robinson Taylor Walker

On the passage of the bill, the yeas were 46, nays 1.

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

SB 15. By Senator Egan of the 40th:
A bill to amend Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to the licensing of physicians, so as to repeal specifically Code Section 43-34-1, limiting the performance of surgery and other invasive procedures; to provide an effective date.

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

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

Those voting in the affirmative were Senators:

Balfour Baugh Blitch Boshears Broun of 46th Brown of 26th Burton Cheeks Clay Coleman Crotts Dawkins Day

Dean Edge Egan Farrow Garner Gillis Glanton Gochenour Harbison Hemmer Henson Hill Hooks

Huggins Isakson Kemp Langford of 35th Langford of 29th Madden Marable Middleton Newbill Oliver Perdue Pollard Ragan of llth

TUESDAY, FEBRUARY 23, 1993

651

Ragan of 32nd Ralston Ray Scott

Slotin Starr Taylor Thomas

Thompson Turner Tysinger Walker

Those not voting were Senators:

Abernathy Alien

Bowen Parrish

Robinson

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

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

SB 201. By Senator Oliver of the 42nd:
A bill to amend Article 1 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, the "Housing Authorities Law," so as to change certain provisions relating to the investment of funds of a housing authority; to change certain pro visions regarding the sale of bonds by a housing authority; to provide for an ef fective date.

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

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

Those voting in the affirmative were Senators:

Abernathy Balfour Baugh Blitch Boshears Broun of 46th Brown of 26th Burton Cheeks Clay Coleman Crotts Dawkins Dean Edge Egan

Farrow Garner Gillis Glanton Gochenour Harbison Hemmer Henson Hill Hooks Huggins Kemp Langford of 35th Langford of 29th Madden Marable

Middleton Newbill Oliver Perdue Pollard Ragan of llth Ralston Ray Scott Slotin Starr Taylor Thomas Thompson Turner Walker

Voting in the negative were Senators Isakson and Tysinger.

Those not voting were Senators:

Alien Bowen

Day Parrish

Ragan of 32nd Robinson

On the passage of the bill, the yeas were 48, nays 2.

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

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SB 197. By Senators Oliver of the 42nd, Hemmer of the 49th and Marable of the 52nd:
A bill to amend Article 11 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to the Georgia Child Care Council, so as to provide for stag gered appointments of members of the council; to amend Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to programs and protection for children, so as to create the Georgia Child Care Council, so as to repeal the auto matic repealer of such Act.

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

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

Those voting in the affirmative were Senators:

Abernathy Balfour Baugh Boshears Bowen Broun of 46th Brown of 26th Burton Cheeks Clay Coleman Crotts Day Dean Edge Egan

Farrow Garner Gillis Glanton Gochenour Harbison Hemmer Henson Hill Hooks Huggins Isakson Kemp Langford of 29th Madden Marable

Middleton Newbill Oliver Perdue Pollard Ragan of llth Ragan of 32nd Ralston Ray Slotin Starr Taylor Thomas Thompson Turner Tysinger

Those not voting were Senators:

Alien Blitch Dawkins

Langford of 35th Parrish Robinson

Scott Walker

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

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

Senator Garner of the 30th, President Pro Tempore, assumed the Chair.

SB 275. By Senators Gillis of the 20th, Hill of the 4th and Perdue of the 18th:
A bill to amend Article 2 of Chapter 7 of Title 16 of the Official Code of Georgia Annotated, relating to criminal trespass and damage to property, so as to provide a short title; to define certain terms; to proscribe the dumping of waste in certain places; to provide penalties; to provide for applicability.

The Senate Committee on Natural Resources offered the following substitute to SB 275:

A BILL
To be entitled an Act to amend Article 2 of Chapter 7 of Title 16 of the Official Code of Georgia Annotated, relating to criminal trespass and damage to property, so as to provide a

TUESDAY, FEBRUARY 23, 1993

653

short title; to define certain terms; to proscribe the dumping of waste in certain places; to provide penalties; 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 2 of Chapter 7 of Title 16 of the Official Code of Georgia Annotated, relating to criminal trespass and damage to property, is amended by striking in its entirety paragraph (1) of Code Section 16-7-42, relating to definitions relative to litter control, and inserting in lieu thereof the following:
"(1) 'Litter' means all discarded sand, gravel, slag, brickbats, rubbish, waste material, tin cans, refuse, garbage, trash, debris, dead animals, or other discarded materials of every kind and description which do not exceed 15 pounds in weight or 27 cubic feet in volume and are not biomedical waste, hazardous waste, or a hazardous substance."
Section 2. Said article is further amended by inserting at the end thereof the following:
"Part 3
16-7-50. This part shall be known and may be cited as the "Waste Control Law."
16-7-51. As used in this part, the term:
(1) 'Biomedical waste' means that term as defined in paragraph (1.1) of Code Section 12-8-22 on January 1, 1993.
(2) 'Commercial purpose' means for the purpose of economic gain.
(3) 'Dump' means to throw, discard, place, deposit, discharge, burn, or dispose of a substance.
(4) 'Hazardous substance' means that term as defined in paragraph (4) of Code Section 12-8-92 on January 1, 1993.
(5) 'Hazardous waste' means that term as defined in paragraph (10) of Code Section 128-62 on January 1, 1993.
(6) 'Waste' means all discarded substances and materials whatsoever exceeding 15 pounds in weight or 27 cubic feet in volume, or any such substance in any weight or volume if biomedical waste, hazardous waste, a hazardous substance, or any such substance or mate rial dumped for commercial purposes. Such term includes, without limitation, sand; gravel; slag; brickbats; rubbish; waste material; tin cans; refuse; garbage; trash; debris; dead ani mals; bottles; boxes; containers; papers; tobacco products; tires; appliances; mechanical equipment or parts; building or construction materials; tools; machinery; wood; motor vehi cles and motor vehicle parts; vessels; aircraft equipment; waste oil; batteries; antifreeze; sludge from a waste-water treatment facility, water supply treatment plant, or air pollution control facility; air contaminants from any source or facility; and any other discarded mate rial or substance of every kind and description resulting from domestic, industrial, commer cial, mining or governmental operations.
16-7-52. (a) It shall be unlawful for any person to dump waste unless authorized to do so by law or by a duly issued permit:
(1) In or on any public highway, road, street, alley, or thoroughfare, including any por tion of the right-of-way thereof, or on any other public lands except in containers or areas lawfully provided for such dumping;
(2) In or on any fresh-water lake, river, canal, or stream or tidal or coastal water of the state; or
(3) In or on any private property, unless prior consent of the owner has been given and unless such dumping will not adversely affect the public health and is not in violation of any other state law, rule, or regulation.
(b) Any person who dumps waste in violation of subsection (a) of this Code section in

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an amount not exceeding 500 pounds in weight or 100 cubic feet in volume and not for commercial purposes shall be guilty of a misdemeanor of a high and aggravated nature.
(c) Any person who dumps waste in violation of subsection (a) of this Code section in an amount exceeding 500 pounds in weight or 100 cubic feet in volume, or in any quantity if the waste is biomedical waste, hazardous waste, or a hazardous substance or if the dumping is for commercial purposes, shall be guilty of a felony and, upon conviction thereof, shall be fined not more than $25,000.00 for each violation or imprisoned for not more than two years, or both. For purposes of this subsection, each day a continuing violation occurs shall consti tute a separate violation.
(d) In addition to the penalties provided in subsections (b) and (c) of this Code section, the court may order the violator to remove or render harmless any waste dumped in viola tion of subsection (a) of this Code section, repair or restore property damaged by or pay damages resulting from such dumping, or perform public service related to the removal of illegally dumped waste or to the restoration of an area polluted by such waste.
(e) Nothing in this part shall limit the authority of any state agency to enforce any other laws, rules, or regulations relating to waste or the management of solid, biomedical, or hazardous waste.
(f) Nothing in this Code section shall be construed so as to repeal, supersede, amend, or modify any provision of Title 12."
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 39, nays 0, and the substitute was adopted.

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

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

Those voting in the affirmative were Senators:

Abernathy Balfour Baugh Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cheeks Clay Coleman Crotts Day Dean Edge Egan

Farrow Gillis Glanton Gochenour Harbison Hemmer Henson Hill Hooks Huggins Isakson Kemp Langford of 35th Langford of 29th Madden Marable Middleton

Newbill Oliver Perdue Pollard Ragan of llth Ragan of 32nd Ralston Ray Scott Slotin Starr Taylor Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Alien Dawkins

Garner (presiding) Parrish

Robinson

TUESDAY, FEBRUARY 23, 1993

655

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

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

SR 152. By Senators Oliver of the 42nd, Thomas of the 10th, Hill of the 4th and others: A resolution creating the Elder Abuse Task Force.

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

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

Those voting in the affirmative were Senators:

Abernathy Alien Balfour Baugh Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cheeks Clay Coleman Crotts Dawkins Day Dean

Edge Egan Farrow Gillis Glanton Gochenour Hemmer Henson Hill Hooks Huggins Isakson Kemp Langford of 35th Langford of 29th Madden Marable

Middleton Newbill Oliver Perdue Pollard Ragan of llth Ragan of 32nd Ralston Ray Robinson Scott Slotin Starr Thomas Thompson Turner Walker

Those not voting were Senators:

Garner (presiding) Harbison

Parrish Taylor

Tysinger

On the adoption of the resolution, the yeas were 51, nays 0.

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

The President resumed the Chair.

Lieutenant Governor Howard introduced His Honor, Tommy C. Olmstead, Mayor of the City of Macon, and a former State Senator, who introduced a group of people from Macon/Bibb County who were commended by SR 43, adopted previously, and Mayor Olm stead briefly addressed the Senate concerning the annual Cherry Blossom Festival.

The following bill of the House was taken up for the purpose of considering the Confer ence Committee report thereon:

HB 121. By Representatives Murphy of the 18th, Coleman of the 142nd, Walker of the 141st and others:
A bill to amend an Act providing appropriations for the State Fiscal Year 19921993 known as the "General Appropriations Act", so as to change certain appro priations for the State Fiscal Year 1992-1993.

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The Conference Committee report on HB 121 was as follows:

The Committee of Conference on HB 121 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 121 be adopted.
Respectfully submitted,

FOR THE SENATE:
/s/ Harrill L. Dawkins Senator, 45th District
/s/ Charles W. Walker Senator, 22nd District
Is/ Wayne Garner Senator, 30th District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Terry L. Coleman Representative, 118th District
/s/ Larry Walker Representative, 115th District
/a/ Thomas B. Buck, III Representative, 95th District

Conference Committee substitute to HB 121:

A BILL
To be entitled an Act to amend an Act providing appropriations for the State Fiscal Year 1992-1993 known as the "General Appropriations Act", approved April 15, 1992 (Ga. L. 1992, p. 1701), so as to change certain appropriations for the State Fiscal Year 1992-1993; to make language and other changes; to reallocate certain funds; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act providing appropriations for the State Fiscal Year 1992-1993, as amended, known as the "General Appropriations Act" approved April 15, 1992 (Ga. L. 1992, p. 1701), is further amended by striking everything following the enacting clause through Section 86, and by substituting in lieu thereof the following:
"That the sums of money hereinafter provided are appropriated for the State Fiscal Year beginning July 1, 1992, and ending June 30, 1993, as prescribed hereinafter for such fiscal year, from funds from the Federal Government and General Funds of the State, in cluding surplus, reserves and a revenue estimate of $8,099,000,000 (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....................................... $2,485,225 Travel--Staff ....................................................... $88,600 Travel--Elected Officials .............................................. $7,000 Capital Outlay ...................................................... $--0-- Equipment ........................................................ $298,500 Computer Charges ................................................. $493,000 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

TUESDAY, FEBRUARY 23, 1993

657

Expense Reimbursement Account. Total Funds Budgeted ........... State Funds Budgeted ...........

Senate and Research Office

Senate Functional Budgets Total Funds
$ 3,848,370

Lt. Governor's Office

$

618,694

Secretary of the Senate's Office

$ 1,165,879

Total

$ 5,632,943

House Functional Budgets Total Funds

House of Representatives and Research Office

8,810,991

Speaker of the House's Office Clerk of the House's Office

468,810 1,281,037

Total

10,560,838

Joint Functional Budgets Total Funds

Legislative Counsel's Office Legislative Fiscal Office

$ 2,267,317 $ 2,088,938

Legislative Budget Office

$

902,812

Ancillary Activities

$ 1,221,281

Total

$ 6,480,348

. . $1,132,800 $22,674,129
. $22,674,129
State Funds 3,848,370 618,694 1,165,879 5,632,943
State Funds 8,810,991 468,810 1,281,037 10,560,838
State Funds 2,267,317 2,088,938 902,812 1,221,281 6,480,348

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

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the expenditure of funds appropriated to the Legislative Branch of Government. The Com mittee is hereby authorized to promulgate rules and regulations relative to the expenditure of funds appropriated to the Legislative Branch which may include that no such funds may be expended without prior approval of the Committee. The Committee shall also make a detailed study of all items and programs for which payments are made from funds appropri ated to the Legislative Branch of Government with a view towards determining which are legitimate legislative expenses and which should be paid from other appropriations.

Section 2. Department of Audits. Budget Unit: Department of Audits ................... Personal Services................................... Regular Operating Expenses......................... Travel ............................................ Motor Vehicle Purchases............................ Equipment ........................................ Real Estate Rentals ................................ Per Diem, Fees and Contracts ....................... Computer Charges ................................. Telecommunications ................................ Total Funds Budgeted .............................. State Funds Budgeted ..............................
PART II.
JUDICIAL BRANCH

$14,920,434 $12,636,218 . . . $386,144 . . $521,650 . . . $108,000 .... $9,550 . . . $802,995 . . . . $39,000
. $311,177 . . $105,700 $14,920,434 $14,920,434

Section 3. Supreme Court. Budget Unit: Supreme Court.......................... Personal Services................................... Operating Expenses ................................ Total Funds Budgeted .............................. State Funds Budgeted ..............................

$4,893,172 $4,200,877 $1,377,295 $5,578,172 $4,893,172

Section 4. Court of Appeals. Budget Unit: Court of Appeals ........................ Personal Services................................... Operating Expenses ................................ Total Funds Budgeted .............................. State Funds Budgeted ..............................

$5,593,669 $4,944,669
$699,000 $5,643,669 $5,593,669

Section 5. Superior Courts. Budget Unit: Superior Courts ......................... Operation of the Courts ............................ Prosecuting Attorneys' Council ...................... Sentence Review Panel ............................. Council of Superior Court Judges .................... Judicial Administrative Districts ..................... Habeas Corpus Clerk ............................... Total Funds Budgeted .............................. State Funds Budgeted ..............................

$45,649,233 $43,726,048 $1,791,715
. $153,600 $114,499 . $1,464,647 . . . . . $7,800 $47,258,309 $45,649,233

Section 6. Juvenile Courts. Budget Unit: Juvenile Courts .........................

. $847,005

Section 7. Institute of Continuing Judicial Education. Budget Unit: Institute of Continuing Judicial Education Institute's Operations............................... Georgia Magistrate Courts Training Council .......... Total Funds Budgeted .............................. State Funds Budgeted ..............................

. $634,322 $498,322 $136,000 $634,322 $634,322

TUESDAY, FEBRUARY 23, 1993

659

Section 8. Judicial Council.

Budget Unit: Judicial Council....................................... $2,061,454

Council Operations ............................................... $1,186,713

Payments to Judicial Administrative Districts for Case Counting

$76,500

Board of Court Reporting ............................................ $97,845

Payment to Council of Magistrate Court Judges

$26,000

Payment to Council of Probate Court Judges .......................... $20,000

Payment to Council of State Court Judges ............................ $12,000

Payment to Resource Center ........................................ $240,000

Payment to Computerized Information Network ...................... $660,000

Total Funds Budgeted ............................................ $2,319,058

State Funds Budgeted ............................................ $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 .............................. $1,009,958
PART III.
EXECUTIVE BRANCH

Section 11. Department of Administrative Services.

A. Budget Unit: Department of Administrative Services ............... $33,098,287

Personal Services................................................ $47,085,583

Regular Operating Expenses...................................... $12,345,554

Travel ............................................................ $258,340

Motor Vehicle Purchases............................................. $74,480

Equipment ...................................................... $1,519,947

Computer Charges .............................................. $10,398,262

Real Estate Rentals .............................................. $3,724,137

Telecommunications .............................................. $2,819,765

Per Diem, Fees and Contracts ....................................... $402,825

Rents and Maintenance Expense ................................. $10,751,716

Utilities ............................................................ $38,550

Payments to DOAS Fiscal Administration .......................... $2,750,000

Direct Payments to Georgia Building Authority for Capital Outlay

$--0--

Direct Payments to Georgia Building Authority for Operations

$--0--

Telephone Billings .............................................. $45,094,697

Radio Billings ..................................................... $383,880

Materials for Resale ............................................. $16,500,000

Public Safety Officers Indemnity Fund ................................ $--0--

Health Planning Review Board Operations

$35,825

Total Funds Budgeted .......................................... $154,183,561

State Funds Budgeted ........................................... $33,098,287

Department of Administrative Services Functional Budgets

Total Funds

State Funds

Executive Administration

$ 1,685,974 $

527,183

Departmental Administration

$ 2,715,708 $ 2,682,794

Statewide Systems Administration

$ 10,165,277 $ 7,415,277

Space Management Administration

$

485,167 $

485,167

Procurement Administration

$ 2,837,754 $ 2,837,754

General Services Administration

$

483,246 $

--0--

Central Supply Services

$ 16,894,076 $

--0--

Data Processing Services

$ 46,501,373 $ 12,879,760

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JOURNAL OF THE SENATE

Motor Vehicle Services Communication Services Printing Services Surplus Property Services Mail and Courier Services Risk Management Services State Properties Commission Total

$ 3,554,856 $

--0--

$ 57,013,807 $ 5,850,000

$ 6,585,403 $

--0--

$ 1,606,287 $

--0--

$ 1,156,055 $

--0--

$ 2,078,226 $

--0--

$

420,352 $

420,352

$ 154,183,561 $ 33,098,287

B. Budget Unit: Georgia Building Authority.............................. $--0-- Personal Services................................................ $18,778,739 Regular Operating Expenses....................................... $5,509,356 Travel ............................................................. $--0-- Motor Vehicle Purchases............................................ $215,000 Equipment ........................................................ $176,335 Computer Charges .................................................. $60,800 Real Estate Rentals ................................................ f$16,800 Telecommunications ................................................ $122,584 Per Diem, Fees and Contracts ....................................... $171,000 Capital Outlay ...................................................... $--0-- Utilities ......................................................... $7,466,638 Contractual Expense ............................................... $263,100 Fuel ............................................................... $--0-- Facilities Renovations and Repairs .................................... $--0-- Total Funds Budgeted ........................................... $32,780,352 State Funds Budgeted ............................................... $--0--

Georgia Building Authority Functional Budgets Total Funds

State Funds

Grounds

$ 1,624,398 $

--0--

Custodial

$ 4,788,256 $

--0--

Maintenance

$ 3,930,348 $

--0--

Security

$ 5,197,690 $

--0--

Van Pool

$

394,619 $

--0--

Sales

$ 4,960,896 $

--0--

Administration

$ 10,244,673 $

--0--

Railroad Excursions

$

1,639,472 $

--0--

Facility Renovations

$

--0-- $

--0--

Total

$ 32,780,352 $

--0--

Section 12. Agency for the Removal of Hazardous Materials.

Budget Unit: Agency for the Removal of Hazardous Materials

$99,834

Personal Services.................................................... $81,334

Regular Operating Expenses.......................................... $10,300

Travel .............................................................. $7,800

Motor Vehicle Purchases............................................. $--0--

Equipment ......................................................... $--0--

Computer Charges .................................................. $--0--

Real Estate Rentals ................................................. $--0--

Telecommunications ................................................... $400

Per Diem, Fees and Contracts ........................................ $--0--

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

TUESDAY, FEBRUARY 23, 1993

661

Utilities .............. Total Funds Budgeted . State Funds Budgeted .

$--0--
$99,834 $99,834

Section 13. Department of Agriculture.

A. Budget Unit: Department of Agriculture

$32,061,169

Personal Services................................................ $28,652,322

Regular Operating Expenses....................................... $3,876,578

Travel ............................................................ $815,170

Motor Vehicle Purchases............................................ $379,616

Equipment ........................................................ $273,063

Computer Charges ................................................. $308,700

Real Estate Rentals ................................................ $778,070

Telecommunications ................................................ $318,274

Per Diem, Fees and Contracts ....................................... $163,072

Market Bulletin Postage ............................................ $860,000

Payments to Athens and Tifton Veterinary Laboratories ............. $2,386,487

Poultry Veterinary Diagnostic Laboratories in Canton, Dalton,

Douglas, Oakwood, and Statesboro

$1,759,941

Veterinary Fees .................................................... $403,760

Indemnities........................................................ $112,700

Advertising Contract ............................................... $175,000

Payments to Georgia Agrirama Development Authority for Operations $622,817

Renovation, Construction, Repairs and Maintenance Projects at

Major and Minor Markets ........................................ $362,600

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

Contract--Federation of Southern Cooperatives ........................ $39,200

Tick Control Program ............................................... $--0--

Total Funds Budgeted ........................................... $42,287,370

State Funds Budgeted ........................................... $32,061,169

Department of Agriculture Functional Budgets Total Funds

Plant Industry

4,776,629

Animal Industry

6,595,082

Marketing

1,828,226

General Field Forces

3,127,022

Internal Administration

3,147,683

Information and Education

2,022,724

Fuel and Measures

3,029,092

Consumer Protection Field Forces

6,562,699

Meat Inspection

4,070,110

Major Markets

4,458,629

Seed Technology

505,651

Entomology and Pesticides

2,163,823

Total

42,287,370

State Funds 4,390,629 6,339,082 1,779,226 3,002,022 2,748,054 2,022,724 2,886,512 4,499,390 1,717,904 837,803
1,837,823 32,061,169

B. Budget Unit: Georgia Agrirama Development Authority Personal Services. ................................... Regular Operating Expenses Travel ............................................. Motor Vehicle Purchases............................. Equipment .........................................

..... $--0-- . . . . $818,030
$169,800 ...... $5,864 ..... $--0--
... $10,755

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JOURNAL OF THE SENATE

Computer Charges .................................................... $500 Real Estate Rentals ................................................. $--0-- Telecommunications .................................................. $7,708 Per Diem, Fees and Contracts ........................................ $48,081 Capital Outlay ..................................................... $147,160 Goods for Resale .................................................... $95,000 Total Funds Budgeted ............................................ $1,302,898 State Funds Budgeted ............................................... $--0--

Section 14. Department of Banking and Finance. Budget Unit: Department of Banking and Finance .................... $7,245,076 Personal Services................................................. $6,005,914 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 ............................................ $7,245,076 State Funds Budgeted ............................................ $7,245,076

Section 15. Department of Children and Youth Services.

Budget Unit: Department of Children and Youth Services ............ $78,197,283

Personal Services................................................ $57,924,378

Regular Operating Expenses....................................... $4,251,258

Travel ............................................................ $704,472

Motor Vehicle Purchases............................................ $146,860

Equipment ........................................................ $333,177

Computer Charges ................................................. $160,324

Real Estate Rentals .............................................. $1,029,100

Telecommunications ................................................ $673,005

Per Diem, Fees and Contracts ..................................... $1,632,048

Utilities ......................................................... $1,960,860

Institutional Repairs and Maintenance ............................... $341,002

Grants to County-Owned Detention Centers ...

$2,265,400

Service Benefits for Children ...................................... $8,391,202

Purchase of Service Contracts ....................................... $182,311

Total Funds Budgeted ........................................... $79,995,397

State Funds Budgeted ........................................... $78,197,283

Children and Youth Services Functional Budgets Total Funds

State Funds

Regional Youth Development Centers

$ 19,545,531 $ 18,816,119

Milledgeville State YDC

$ 10,078,577 $ 9,681,185

Augusta State YDC

$ 7,791,747 $ 7,467,229

Atlanta State YDC

$ 4,337,649 $ 4,185,336

Macon State YDC

$ 4,658,475 $ 4,463,996

Court Services

$ 14,174,787 $ 14,174,787

Community Treatment Centers

$ 2,969,773 $ 2,969,773

Day Centers

$

878,889 $

878,889

Group Homes

$

759,032 $

759,032

Purchased Services

$ 9,175,255 $ 9,175,255

TUESDAY, FEBRUARY 23, 1993

663

Runaway Investigation/Interstate Compact Assessment and Classification Youth Services Administration Total

825,990 454,235 4,345,457 79,995,397

825,990 454,235 4,345,457 78,197,283

Section 16. Department of Community Affairs. Budget Unit: Department of Community Affairs ..................... $14,136,952 Personal Services................................................. $5,355,918 Regular Operating Expenses......................................... $220,527 Travel ............................................................ $135,980 Motor Vehicle Purchases............................................. $--0-- Equipment ........................................................... $881 Computer Charges ................................................. $208,833 Real Estate Rentals ................................................ $516,379 Telecommunications ................................................. $42,580 Per Diem, Fees and Contracts........................................ $96,564 Capital Felony Expenses ............................................. $68,600 Contracts with Regional Development Commissions ................ $2,217,561 Local Assistance Grants ............................................ $902,800 Appalachian Regional Commission Assessment ......................... $97,803 Community Development Block Grants (Federal) .................. $30,000,000 Music Hall of Fame ................................................ $107,800 Georgia Music Week Promotion ...................................... $--0-- Local Development Fund ........................................... $890,000 Payment to State Housing Trust Fund ............................. $4,625,000 Payment to Georgia Environmental Facilities Authority for Operations..................................................... $1,232,474 Total Funds Budgeted ........................................... $46,719,700 State Funds Budgeted ........................................... $14,136,952

Department of Community Affairs Functional Budgets Total Funds

State Funds

Office of the Commissioner

$ 11,065,587 $ 9,744,587

Government Management

$ 1,377,483 $ 1,360,483

Financial Assistance

$ 31,943,855 $

967,355

Coordinated Planning

$ 2,332,775 $ 2,064,527

Total

$ 46,719,700 $ 14,136,952

Section 17. Department of Corrections. A. Budget Unit: Administration, Institutions and Probation
Personal Services..................................... Regular Operating Expenses........................... Travel .............................................. Motor Vehicle Purchases.............................. Equipment .......................................... Computer Charges ................................... Real Estate Rentals .................................. Telecommunications .................................. Per Diem, Fees and Contracts ......................... Capital Outlay ....................................... Utilities ............................................. Court Costs.......................................... County Subsidy ...................................... County Subsidy for Jails .............................. Central Repair Fund .................................

$494,382,121 $358,044,602 $49,287,841 .. $2,265,442 . $2,903,000 . $3,842,407 . . $4,578,356 .. $4,765,190
$4,116,139 .. $4,201,674 ..... $--0-- . $14,858,811 ... $546,000
$13,870,000 . $4,117,200 . . . . $886,000

664

JOURNAL OF THE SENATE

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 .......................................... $506,885,836 Indirect DOAS Funding ............................................ $450,000 Georgia Correctional Industries ....................................... $--0-- State Funds Budgeted .......................................... $494,382,121

Administration Institutions and Support Probation Total

Departmental Functional Budgets Total Funds
$ 53,560,712 $ 358,345,140 $ 94,979,984 $ 506,885,836

State Funds $ 53,058,712 $ 357,127,140 $ 84,196,269 $ 494,382,121

B. Budget Unit: Board of Pardons and Paroles ....................... $35,371,233 Personal Services................................................ $28,841,882 Regular Operating Expenses....................................... $1,206,200 Travel ............................................................ $636,315 Motor Vehicle Purchases............................................. $40,500 Equipment ........................................................ $129,000 Computer Charges ................................................. $456,836 Real Estate Rentals .............................................. $2,403,000 Telecommunications ................................................ $785,000 Per Diem, Fees and Contracts ....................................... $267,500 County Jail Subsidy ................................................ $600,000 Health Services Purchases ............................................ $5,000 Total Funds Budgeted ........................................... $35,371,233 State Funds Budgeted ........................................... $35,371,233

Section 18. Department of Defense. Budget Unit: Department of Defense ................................ $3,752,403 Personal Services................................................. $6,691,642 Regular Operating Expenses....................................... $4,169,788 Travel ............................................................. $22,460 Motor Vehicle Purchases............................................. $--0-- Equipment ......................................................... $33,300 Computer Charges ................................................... $3,700 Real Estate Rentals .................................................. $4,740 Telecommunications ................................................. $68,500 Per Diem, Fees and Contracts ....................................... $566,400 Total Funds Budgeted ........................................... $11,560,530 State Funds Budgeted ............................................ $3,752,403

Department of Defense Functional Budgets Total Funds

State Funds

Office of the Adjutant General

$ 1,133,806 $ 1,022,698

Georgia Air National Guard

$ 4,523,265 $

511,711

Georgia Army National Guard

$ 5,903,459 $ 2,217,994

Total

$ 11,560,530 $ 3,752,403

TUESDAY, FEBRUARY 23, 1993

665

Section 19. State Board of Education--Department of Education. Budget Unit: Department of Education ........................... $3,073,909,691 Personal Services................................................ $37,756,260 Regular Operating Expenses....................................... $3,982,877 Travel .......................................................... $1,210,209 Motor Vehicle Purchases............................................. $--0-- Equipment ........................................................ $439,897 Computer Charges ............................................... $5,302,383 Real Estate Rentals .............................................. $2,403,082 Telecommunications .............................................. $1,440,290 Per Diem, Fees and Contracts .................................... $13,289,749 Utilities ........................................................... $755,136 Capital Outlay ...................................................... $53,600 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 .................................................. $578,797,768 Pupil Transportation ........................................... $124,547,423 Local Fair Share .............................................. $(594,153,230) Mid-Term Adjustment Reserve ................................... $63,259,024 Cost of Living Adjustment ....................................... $49,019,607 Textbook--7 Year Cycle ........................................ $(36,920,019) Textbook--Increased FTE Counts ................................. $3,526,262
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 ......................................... $49,234,404 Special Education Low--Incidence Grants ............................ $406,000
Non-QBE Grants: Education of Children of Low-Income Families ................... $200,863,393 Retirement (H.B. 272 and H. B. 1321) ............................. $4,600,914 Instructional Services for the Handicapped ........................ $23,177,937 Tuition for the Multi-Handicapped ................................ $2,371,899 Severely Emotionally Disturbed .................................. $35,493,693 School Lunch (Federal) ......................................... $113,396,789 School Lunch (State) ............................................ $22,861,763
Supervision and Assessment of Students and Beginning Teachers and Performance-Based Certification ................................. $1,500,000
Regional Education Service Agencies ...................... $6,820,033 Georgia Learning Resources System ................................ $3,124,736 High School Program ............................................ $21,605,317 Special Education in State Institutions ............................. $3,965,103 Governor's Scholarships........................................... $2,378,647 Advanced Placement Exams......................................... $650,000 Job Training Partnership Act ..................................... $3,084,680 Vocational Research and Curriculum ................................. $258,213 Even Start ...................................................... $1,779,075

666

JOURNAL OF THE SENATE

Salaries and Travel of Public Librarians. .......................... $10,242,708 Public Library Materials .......................................... $4,441,538 Talking Book Centers .............................................. $874,209 Public Library M&O. ........................................... $3,764,432 Child Care Lunch Program (Federal) ............................. $16,787,825 Chapter II--Block Grant Flow Through ........................... $10,500,934
Payment of Federal Funds to Board of Technical and Adult Education .................................................... $16,188,891
Education of Homeless Children/Youth ............................... $81,000 Innovative Programs.............................................. $2,350,000 Technology Grants ................................................. $525,000 Limited English-Speaking Students Program........................ $5,921,681 Drug Free School (Federal) ...................................... $11,504,934 Transition Program for Refugees .................................... $100,000 Emergency Immigrant Education Program ............................ $156,657 Title II Math/Science Grant (Federal) ............................. $4,353,819 Robert C. Byrd Scholarship (Federal) ................................ $253,000 Health Insurance--Non-Cert. Personnel and Retired Teachers....... $67,167,892 Pre-School Handicapped Program ................................ $11,525,312 Mentor Teachers ................................................... $750,000 Serve America ..................................................... $370,103 Pre-Kindergarten Program ........................................ $2,593,489 Duty-Free Lunch.................................................... $--0-- Total Funds Budgeted ......................................... $3,517,847,937 Indirect DOAS Service Funding ..................................... $340,000 State Funds Budgeted ......................................... $3,073,909,691

Education Functional Budgets Total Funds

State Funds

State Administration

$ 5,109,930 $ 4,467,589

Instructional Services

$ 19,567,448 $ 13,911,368

Governor's Honors Program

$ 1,164,392 $ 1,027,999

Administrative Services

$ 18,016,039 $ 12,813,117

Special Services

$ 6,111,660 $ 2,401,299

Professional Practices Commission

$

825,869 $

825,869

Local Programs

$ 3,451,214,454 $ 3,023,635,705

Georgia Academy for the Blind

$ 4,805,938 $ 4,577,545

Georgia School for the Deaf

$ 6,655,903 $ 6,414,720

Atlanta Area School for the Deaf

$ 4,376,304 $ 3,834,480

Total

$ 3,517,847,937 $ 3,073,909,691

Section 20. Employees' Retirement System. Budget Unit: Employees' Retirement System Personal Services........................ Regular Operating Expenses.............. Travel ................................. Motor Vehicle Purchases................. Equipment ............................. Computer Charges ...................... Real Estate Rentals ..................... Telecommunications .................... Per Diem, Fees and Contracts ............ Benefits to Retirees ..................... Total Funds Budgeted ...................

. . $250,000 $1,536,309 . . $225,800 . . $13,500 ... $--0--
. . $13,015 . $438,573 . $242,000 . $23,812 $1,139,380 . $--0-- $3,632,389

TUESDAY, FEBRUARY 23, 1993

667

State Funds Budgeted ....................................

Section 21. Forestry Commission. Budget Unit: Forestry Commission .......................... Personal Services......................................... Regular Operating Expenses............................... Travel .................................................. Motor Vehicle Purchases.................................. Equipment .............................................. Computer Charges ....................................... Real Estate Rentals ...................................... Telecommunications ...................................... Per Diem, Fees and Contracts ............................. Ware County Grant ...................................... Ware County Grant for Southern Forest World ... Ware County Grant for Road Maintenance ................. Capital Outlay ........................................... Total Funds Budgeted .................................... State Funds Budgeted ....................................

Forestry Commission Functional Budgets Total Funds

Reforestation

1,732,084

Field Services

31,436,473

General Administration and Support

3,987,313

Total

$ 37,155,870

Section 22. Georgia Bureau of Investigation. Budget Unit: Georgia Bureau of Investigation .................. Personal Services........................................... Regular Operating Expenses................................. Travel ................................................... Motor Vehicle Purchases.................................... Equipment ................................................ Computer Charges ......................................... Real Estate Rentals ........................................ Telecommunications ........................................ Per Diem, Fees and Contracts .............................. Evidence Purchased ....................................... Capital Outlay ............................................ Total Funds Budgeted ..................................... Total State Funds Budgeted ...............................

Georgia Bureau of Investigation Functional Budgets Total Funds

Administration

3,356,564

Drug Enforcement Investigative

9,060,867 11,308,271

Georgia Crime Information Center

6,797,812

Forensic Sciences

8,270,927

Total

38,794,441

Section 23. Office of the Governor. Budget Unit: Office of the Governor Personal Services

. . . . $250,000
$31,930,436 $26,965,436 . . $5,329,085 . . . . $155,845 . . . . $964,884 $1,650,000 . . . . $144,250 . . . . $46,740 . . $1,007,600 . . . . $617,925 ... $24,500 ...... $4,900
$60,000 . . . . $184,705 . $37,155,870 . $31,930,436
State Funds 11,265
28,571,868
3,347,303
31,930,436
$36,198,566 . $28,057,897 . $2,695,667 . . . . $472,761 .... $789,008 .... $771,010
$1,393,092 . $1,967,522 .... $769,317
$1,036,456 $390,711 $451,000
$38,794,441 $36,198,566
State Funds
3,356,564
8,050,962 10,743,181
6,371,490 7,676,369
36,198,566
$24,969,087 $12,442,847

668

JOURNAL OF THE SENATE

Regular Operating Expenses............................... Travel .................................................. Motor Vehicle Purchases.................................. Equipment .............................................. Computer Charges ....................................... Real Estate Rentals ...................................... Telecommunications ...................................... Per Diem, Fees and Contracts ............................. Cost of Operations ....................................... Mansion Allowance ....................................... Governor's Emergency Fund .............................. Intern Stipends and Travel ............................... Art Grants of State Funds ................................ Art Grants of Non-State Funds ........................... Humanities Grant--State Funds ........................... Art Acquisitions--State Funds ............................ Children and Youth Grants ............................... Juvenile Justice Grants ................................... Payments to Hazardous Waste Management Authority ...... Georgia Crime Victims Assistance Program ................. Grants to Local Systems .................................. Grants--Local EMA ...................................... Grants--Other ........................................... Grants--Civil Air Patrol .................................. Grants--Disaster ......................................... Total Funds Budgeted .................................... State Funds Budgeted ....................................

Office of the Governor Functional Budgets Total Funds

Governor's Office

$ 6,761,590

Commission on Equal Opportunity

$

844,724

Office of Planning and Budget

$ 5,574,680

Council for the Arts

$ 3,510,188

Office of Consumer Affairs

$ 2,208,907

State Energy Office

$ 29,914,244

Vocational Education Advisory Council

$

243,297

Office of Consumers' Utility Council

$

523,605

Criminal Justice Coordinating Council

$ 11,930,191

Children and Youth Coordinating Council

$ 1,775,402

Human Relations Commission

$

206,567

Governor's Commission on Drug Awareness and Prevention

$

411,445

Professional Standards Commission

$ 3,371,360

Georgia Emergency Management Agency

$ 3,498,867

Office of State Olympic Coordination

$

300,000

Total

$ 71,075,067

Section 24. Department of Human Resources. A. Budget Unit: Departmental Operations
1. General Administration and Support Budget: Personal Services.........................................

$907,086 . . $242,531 . . . . . $--0--
$63,139 . . . . $647,937 . . . . $970,338 . . . . $325,138 . $41,937,128
$2,865,310 . . $40,000 . $3,704,000 . . . . $152,280 . . $2,627,357
$232,211 . . . . . $42,800 ..... $--0-- . . . . . $95,000 . $1,363,725
$728,540 . . $100,000
$503,500 . . $1,044,200 ... $--0-- .... $40,000 ..... $--0-- . $71,075,067
$24,969,087
State Funds 6,761,590 734,724
5,574,680 2,974,510 2,208,907
295,902 91,147
523,605 343,412 495,402
206,567
--0--
3,371,360 1,087,281
300,000 24,969,087
$552,585,314
$42,420,443

TUESDAY, FEBRUARY 23, 1993

669

Regular Operating Expenses ................ Travel ................................... Motor Vehicle Purchases ................... Equipment ............................... Real Estate Rentals ....................... Per Diem, Fees and Contracts .............. Computer Charges ........................ Telecommunications ....................... Special Purpose Contracts ................. Service Benefits for Children ............... Purchase of Service Contracts .............. Institutional Repairs and Maintenance ...... Postage .................................. Payments to DMA-Community Care ........ Total Funds Budgeted ..................... Indirect DOAS Services Funding ........... State Funds Budgeted .....................

. . $1,889,111 . $1,160,886
$863,000 ...... $96,052 . . . $4,484,397
... $697,789 ..... $877,000 . . . . . $645,969
. . . . . $307,485 . $19,153,867
$30,196,885 ...... $59,455 .... $939,821
$13,213,121 . $117,005,281 .... $412,600 . . $70,918,201

General Administration and Support Functional Budgets

Total Funds

State Funds

Commissioner's Office

if

737,000 $

737,000

Budget Administration

i&

1,979,593 $

1,979,593

Office of Children and Youth

if 19,153,867 $ 18,631,822

Administrative Support Services

i& 16,034,637 $ 15,068,537

Facilities Management

if

5,046,140 $

3,499,255

Administrative Appeals

i5

1,587,761 $

1,587,761

Regulatory Services--Program Direction and Support

i&

584,783 $

574,783

Child Care Licensing

i(

2,709,605 $

2,709,605

Health Care Facilities Regulation

i

6,210,964 $

1,849,067

Fraud and Abuse

1f

5,823,352 $

792,241

Financial Services

i 5,279,758 $ 5,079,758

Auditing Services

i

1,747,275 $

1,747,275

Personnel Administration

i5

1,736,257 $

1,736,257

Indirect Cost

i$

--0-- $ (7,766,215)

Public Affairs

!J

398,942 $

398,942

Aging Services

1$ 46,520,589 $ 20,897,762

State Health Planning Agency

1$

1,454,758 $

1,394,758

Total

I$

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 ..................

117,005,281

$ 70,918,201
. . . $46,781,952 $69,848,568 . . $890,347
..... $40,000 ....... $95,566 . . . . $1,088,038 . . $4,040,921
... $689,083 $697,336
. . . . $7,739,825 ...... $308,000

670

JOURNAL OF THE SENATE

Cancer Control Benefits ................

. $2,928,130

Benefits for Medically Indigent High-Risk Pregnant Women and

Their Infants ........................

. . . . $950,000

Family Planning Benefits

$515,602

Crippled Children's Clinics

. . . . $640,000

Special Purpose Contracts ..............

. . . . $654,009

Purchase of Service Contracts ...........

. $10,995,141

Grant-In-Aid to Counties ...............

. $74,210,729

Institutional Repairs and Maintenance

.... $29,700

Postage

$133,686

Grants for Regional Maternal and Infant Care .................... .... $747,761

Total Funds Budgeted ..................

$224,024,394

Indirect DOAS Services Funding ........

. . . . . $549,718

State Funds Budgeted ..................

$113,349,449

Public Health Functional Budgets Total Funds

State Funds

District Health Administration

$ 10,998,587 $ 10,868,912

Newborn Follow-Up Care

$ 1,014,010 $

738,855

Dental Health

$

1,354,336 $

1,144,161

Stroke and Heart Attack Prevention

$

1,921,067 $

1,391,067

Sickle Cell, Vision and Hearing

$

3,542,136 $

3,147,407

High-Risk Pregnant Women and Infants

$

5,363,033 $

5,251,033

Sexually Transmitted Diseases

$ 3,639,862 $

296,020

Family Planning Malnutrition

$ 6,974,039 $ $ 71,297,675 $

3,869,875 -- 0--

Grant in Aid to Counties

$ 49,011,370 $ 46,346,054

Children's Medical Services

$ 12,616,713 $ 7,616,713

Emergency Health

$ 2,942,492 $ 1,885,944

Primary Health Care

$

1,641,238 $

1,269,250

Epidemiology Immunization

$

639,048 $

473,560

$

794,646 $

-- 0--

Community Tuberculosis Control

$ 2,454,914 $ 1,987,934

Maternal and Child Health Management

$

987,912 $

663,163

Infant and Child Health

$ 1,329,405 $

506,479

Maternal Health--Perinatal

$

2,511,353 $

1,601,605

Chronic Disease

$

1,031,530 $

1,031,530

Diabetes

$

498,922 $

498,922

Cancer Control

$

3,958,331 $

3,828,701

Director's Office

$

809,745 $

612,520

Employees' Health

$

322,420 $

322,420

Health Program Management

$

1,624,636 $

1,491,035

Vital Records

$

1,758,251 $

1,539,222

Health Services Research

$

720,797 $

497,979

Environmental Health

$

922,953 $

749,036

Laboratory Services

$

5,296,984 $

5,176,984

Community Care

$

3,108,063 $

1,228,650

TUESDAY, FEBRUARY 23, 1993

671

nagement

$

339,338

Aids

$ 6,778,097

Vaccines

$ 9,954,417

Drug and Clinic Suppliees

$ 2,823,605

Adolescent Health

$ 2,870,878

Public Health--Pla ig Councils

$

171,591

Public Health--Di\ i Indirect Cost

$

-- 0--

Total

$

3. Rehabilit n Services Budget:

Personal Servic:ees .......................

Regular Op ing Expenses .............

Travel

Motor Vehi Purchases ................

Equipment

Real Estate Rernattals ....................

Per Diem, Feesi and Contracts ...........

Computer Charges rLogrCpQO .....................

Telecommunicaitions ....................

Case Services .

E.S.R.P. Case SServices ..................

Special Purposee Contracts .........

Purchase of Seirvices Contracts .......

Institutional Reepairs and Maintenance . .

Utilities ......

Postage ......

Total Funds Biudgeted ..................

Indirect DOAS Services Funding .....

State Funds Biudgeted ..................

224,024,394

Rehabilitation Services Functional Budgets Total Funds

District Field Services

$ 37,894,528

Independent Living

$

596,298

Bobby Dodd Workshop|

$

457,965

Sheltered Employment

$ 1,604,916

Community Facilities

$ 7,023,653

State Rehabilitation Faicciilliitties

$ 6,712,772

Diversified Industries of Georgia

$

756,765

Program Direction and Support

$ 3,180,222

Grants Management

$

602,613

Disability Adjudication

$ 23,841,138

Georgia Factory for thes Blind

$ 11,613,444

Roosevelt Warm S] *s Institute

$ 19,610,822

Total

$

4. Family a Children Services Budget:

Personal Serviccees .......................

Regular Op ting Expenses .............

Travel

Motor Vehi Purchases ................

Equipment

113,895,136

$

250,701

$ 3,300,102

$

696,591

$ 1,865,229

$ 1,816,778

$

155,071

$ (770,054)

$ 113,349,449

. . . $62,837,150 ...... $10,416,531 ...... $800,674
....... $45,100 ......... $331,676 ....... $3,551,681 ....... $4,930,167 ....... $1,719,009 ....... $1,456,893 ..... $17,377,092 .......... $27,000 ......... $593,500 ....... $8,266,975 ......... $139,000 ......... $892,620
...... $510,068 . . . . . $113,895,136 ......... $100,000 ...... $20,091,102

State Funds

$ 8,057,978

$

389,540

$

131,761

$

778,829

$ 2,911,328

$ 1,299,599

$

-0-

$ 1,201,178

$

602,613

$

-- 0--

$

765,429

$ 3,952,847

$ 20,091,102

...... $37,632,181 ....... $3,369,889 ......... $651,453 .......... $--0-- ......... $227,655

672

JOURNAL OF THE SENATE

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 .................

. $1,856,861 ....... $9,464,103 ..... $21,938,065 ....... $2,118,333 ....... $1,126,134 . . . . . $456,330,951 ....... $3,703,926
$113,369,868 . . . $14,591,953 ....... $3,142,475 . . $233,896,918
$903,420,765 ....... $2,565,582 . . . . . $348,226,562

Family and Children Services Functional Budgets Total Funds

State Funds

Director's Office

$

363,168 $

363,168

Social Services

$ 3,065,140 $ 3,065,140

Administrative Support

$ 5,588,224 $ 4,493,755

Quality Assurance

$

3,650,549 $

3,650,549

Community Services

$ 11,091,750 $

941,219

Field Management

$

1,207,894 $

1,207,894

Human Resources Management

$ 1,665,126 $ 1,497,727

Public Assistance

$ 23,008,256 $

9,862,797

Child Support Recovery

$ 39,269,890 $

3,406,848

AFDC Payments

$ 445,719,849 $ 169,362,394

SSI - Supplemental Benefits

$

100 $

100

Refugee Programs

$ 2,799,421 $

-- 0--

Energy Benefits

$ 8,665,581 $

-- 0--

County DFACS Operations--Eligibility

$ 98,713,966 $ 49,298,280

County DFACS Operations--Social Services

$ 73,828,638 $ 25,322,660

Food Stamp Issuance

$

2,769,480 Cjj

__Q__

County DFACS Operations--Homemakers Services

$

7,199,934 $

1,769,007

County DFACS Operations--Joint and Administration

$ 47,958,249 $ 21,480,589

County DFACS Operations--Employability Program

$ 6,196,131 $ 2,353,667

Employability Benefits Legal Services

$ 13,988,947 $

$

1,730,874 $

5,457,000 1,275,316

Family Foster Care Institutional Foster Care Specialized Foster Care

$ 32,235,990 $ 21,891,254

$ 5,586,136 $ 4,437,334

$

2,074,927 $

1,969,337

Adoption Supplement Day Care Outreach -- Contracts Special Projects

$ 6,453,207 $ 4,530,793

$ 56,107,157 $ 16,165,359

$

144,817 $

144,817

$

1,085,349 $

1,061,747

TUESDAY, FEBRUARY 23, 1993

673

Children's Trust Fund Commission Indirect Cost Total

$

1,252,015

$

--0--

$ 903,420,765

1,252,015 (8,034,204) 348,226,562

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 Service .................................................

E.S.R.P. Case Services ........................................

Crippled Children's Clinics

...

Children's Trust Fund ........................................

Cash Benefits ................................................

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 .........................

$189,671,726 $85,524,099 $3,503,360 . . . . $948,100 ... $750,949 . $10,980,977 $19,132,980 . $25,223,157 . . $4,918,531 . $7,739,825 . . $308,000 . . $2,928,130
. . $950,000 . . . . $515,602
$17,377,092 $27,000 $640,000
. $1,126,134 $456,330,951
$5,258,920 $132,523,735 $64,050,954 $74,210,729 ... $228,155 .... $892,620 . . $4,726,050 . $13,213,121 .... $747,761 $233,896,918

B. Budget Unit: Community Mental Health/Mental Retardation and Institutions ................................................
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 .........................
Substance Abuse Community Services.......................... Mental Retardation Community Services ....................... Mental Health Community Services............................
Community Mental Health Center Services ..................... Special Purpose Contract ..................................... Total Funds Budgeted ........................................ Indirect DOAS Services Funding .............................. State Funds Budgeted ........................................

$414,691,428
$341,508,994 . $36,037,623
.... $283,053 .... $420,000
$1,772,651 $4,066,700 .... $234,554 . . $2,348,900
. $8,149,039 $11,469,056
. $714,900
. . $1,724,700 . $42,737,596
$91,097,922
$22,097,993 . $55,871,683
$272,118 $620,807,482
$2,404,100 $414,691,428

674

JOURNAL OF THE SENATE

Community Mental Health/Mental Retardation and Institutional Functional Budgets Total Funds

Southwestern State Hospital

$ 40,512,868

Brook Run

$ 30,820,338

Georgia Mental Health Institute

$ 32,567,161

Georgia Regional Hospital at Augusta

$ 23,923,914

Northwest Regional Hospital at Rome

$ 30,092,197

Georgia Regional Hospital at Atlanta

$ 30,435,255

Central State Hospital

$ 136,607,219

Georgia Regional Hospital at Savannah

$ 24,842,773

Gracewood State School and Hospital

$ 46,848,380

West Central Georgia Regional Hospital

$ 22,916,873

Outdoor Therapeutic Program

$ 3,462,612

Mental Health Community Assistance

$ 10,233,627

Mental Retardation Community Assistance

$ 4,786,953

Day Care Centers for Mentally Retarded

$ 69,911,100

Supportive Living

$ 21,757,590

Georgia State Foster Grandparents/Senior Companion Program

$

702,484

Project Rescue

$

516,969

Drug Abuse Contracts

$ 1,090,072

Community Mental Health Center Services

$ 55,871,683

Project ARC

$

379,214

Metro Drug Abuse Centers

$

1,406,231

Group Homes for Autistic Children

$

280,748

Project Friendship

$

340,403

Community Mental Retardation Staff

$ 4,099,727

Community Mental Retardation Residential Services

$ 15,536,164

Contract with Clayton County Board of Education for Autistic Children

$

90,900

MH/MR/SA Administration

$ 10,774,027

Total

$ 620,807,482

State Funds $ 24,418,556 $ 10,788,238 $ 25,385,922 $ 19,918,233 $ 22,250,759 $ 21,243,416 $ 80,985,141 $ 18,563,294 $ 20,826,768 $ 17,500,655 $ 2,593,738 $ 10,057,319 $ 2,939,056 $ 42,175,100 $ 17,483,697

$

702,484

$

516,969

$ 1,090, 072

$ 47,149,568

$

379,214

$ 1,210,731

$

280,748

$

340,403

$ 4,099,727

$ 15,536,164

$

90,900

$ 6,164,556

$ 414,691,428

Section 25. Department of Industry and Trade. Budget Unit: Department of Industry and Trade Personal Services ............................ Regular Operating Expenses .................. Travel ..................................... Motor Vehicle Purchases ..................... Equipment ................................. Computer Charges .......................... Real Estate Rentals ......................... Telecommunications ......................... Per Diem. Fees and Contracts ................

... $15,795,790 ...... $7,791,692 ....... $1,343,815 ......... $244,217 ....... $59,760 .......... $53,769 ......... $106,285
....... $843,733 ......... $203,076 ......... $676.248

TUESDAY, FEBRUARY 23, 1993

675

Local Welcome Center Contracts ............................. Advertising and Cooperative Advertising ...................... Georgia Ports Authority Lease Rentals ......... Historic Chattahoochee Commission Contract .................. Georgia Council for International Visitors ..................... Waterway Development in Georgia............................ Contract--Georgia Association of Broadcasters ................. Southern Center for International Studies ..................... Lanier Regional Watershed Commission ....................... Capital Outlay .............................................. Total Funds Budgeted ....................................... State Funds Budgeted .......................................

Department of Industry and Trade Functional Budgets Total Funds

Administrative

8,370,075

Economic Development

4,441,686

Tourism

4,358,029

Total

17,169,790

Section 26. Department of Insurance. Budget Unit: Department of Insurance. 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

4,495,910

Insurance Regulation

5,487,035

Industrial Loans Regulation

477,115

Fire Safety and Mobile Home Regulations

4,289,178

Total

14,749,238

Section 27. Department of Labor. Budget Unit: Department of Labor Personal Services. ................... Regular Operating Expenses Travel ............................. Motor Vehicle Purchases............. Equipment ......................... Computer Charges .................. Real Estate Rentals ................. Telecommunications ................. Per Diem, Fees and Contracts (JTPA) Per Diem, Fees and Contracts

. $126,910 . $4,240,985
$1,445,000 ..... $--0-- ..... $--0-- . $24,500 ..... $--0-- ..... $--0--
$9,800 .... $--0-- . $17,169,790 . $15,795,790
State Funds
7,550,075
4,281,686
3,964,029
15,795,790
$14,143,756 $11,775,443 . . . $706,912 . . $394,214 .... $40,500
. $130,880 . . . $653,502 . . . $611,762 . . $286,025
. $150,000 .... $--0-- $14,749,238 $14,143,756
State Funds
4,495,910
5,487,035
477,115
3,683,696
14,143,756
. $6,455,582 . $62,661,235 . . $5,183,747 . . $1,060,000 .... $--0--
. $470,063 . $3,812,046 . $1,379,108 . $1,263,770 $67,264,698 . $2,870,657

676

JOURNAL OF THE SENATE

W.I.N. Grants ...................................................... $--0-- Payments to State Treasury....................................... $1,774,078 Capital Outlay ................................................... $2,130,000 Total Funds Budgeted .......................................... $149,869,402 State Funds Budgeted ............................................ $6,455,582

Department of Labor Functional Budgets Total Funds

State Funds

Executive Offices/Administrative Services

$ 22,577,652 $ 3,748,276

Employment and Training Services

$ 127,291,750 $ 2,707,306

Total

$ 149,869,402 $ 6,455,582

Section 28. Department of Law. Budget Unit: Department of Law.................................... $8,727,304 Personal Services................................................. $8,184,253 Regular Operating Expenses......................................... $335,425 Travel ............................................................. $84,057 Motor Vehicle Purchases............................................. $--0-- Equipment .......................................................... $4,030 Computer Charges ................................................. $149,533 Real Estate Rentals ................................................ $462,926 Telecommunications ................................................. $92,080 Per Diem, Fees and Contracts ........................................ $30,000 Books for State Library............................................. $110,000 Total Funds Budgeted ............................................ $9,452,304 State Funds Budgeted ............................................ $8,727,304

Section 29. Department of Medical Assistance. A. Budget Unit: Medicaid Services ................................. $960,317,537
Personal Services................................................ $12,942,598 Regular Operating Expenses....................................... $3,273,421 Travel ............................................................ $104,200 Motor Vehicle Purchases............................................. $--0-- Equipment ......................................................... $48,176 Computer Charges .............................................. $16,926,286 Real Estate Rentals ................................................ $935,973 Telecommunications ................................................ $401,058 Per Diem, Fees and Contracts .................................... $56,408,982 Medicaid Benefits, Penalties and Disallowances .................. $2,413,356,054 Payments to Counties for Mental Health .......................... $43,767,828 Audit Contracts .................................................... $772,500 SFY 1992 Medicaid Benefits, Penalties and Disallowances......... $222,957,982 Total Funds Budgeted ......................................... $2,771,895,058 State Funds Budgeted .......................................... $960,317,537

Medical Assistance Functional Budgets Total Funds

State Funds

Commissioner's Office

$

929,327 $

460,517

Benefits, Penalties and Disallowances

$ 2,680,081,864 $ 944,231,236

Community Services

$ 1,067,418 $

379,647

Systems Management

$ 18,713,573 $ 5,277,579

Professional Services

$ 2,198,326 $

909,852

Program Compliance

$ 4,570,579 $ 1,730,418

Institutional Policy and Reimbursement

$ 6,488,687 $ 3,606,486

Maternal and Child Health

$

482,950 $

137,939

TUESDAY, FEBRUARY 23, 1993

Operations Total

$ 57,362,334 $ 2,771,895,058

B. Budget Unit: Indigent Trust Fund......................... Per Diem, Fees and Contracts Benefits ................................................. Total Funds Budgeted .................................... State Funds Budgeted ....................................

Section 30. Merit System of Personnel Administration. Budget Unit: Merit System of Personnel Administration Personal Service ......................................... Regular Operating Expenses............................... Travel .................................................. Motor Vehicle Purchases.................................. Equipment .............................................. 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 31. Department of Natural Resources. A. Budget Unit: Department of Natural Resources
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 ..........................

677
3,583,863 960,317,537
. $90,578.050 ..... $--0-- $238,866,166 $238,866,166
$90,578,050
..... $--0-- . . $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--
$59,258,781 $59,515,856 $11,499,043 . . . $384,234 $1,614,659 . $2,098,805 $4,164,903 . $1,089,506 . . . $794,950 . . . $996,057 . . . $147,440
$150,000 . $2,450,000
$503,703

678

JOURNAL OF THE SENATE

Repairs and Maintenance ................................. Land Acquisition Support................................. Wildlife Management Area Land Acquisition ............... Shop Stock - Parks....................................... User Fee Enhancements .................................. Buoy Maintenance ....................................... Waterfowl Habitat ....................................... Paving at State Parks and Historic Sites ................... Grants: Land and Water Conservation ............................. Environmental Facilities .................................. Historic Preservation ..................................... Recreation............................................... Contracts: Georgia Special Olympics ................................. Georgia Sports Hall of Fame .............................. Technical Assistance Contracts ............................ Corps of Engineers (Cold Water Creek State Park) .......... Georgia Rural Water Association .......................... Georgia State Games Commission.......................... U. S. Geological Survey for Ground Water Resources ........ U. S. Geological Survey for Topographic Mapping........... Payments to Georgia Agricultural Exposition Authority ........ Georgia Boxing Commission ................................. Total Funds Budgeted ...................................... Receipts from Jekyll Island State Park Authority ............. Receipt from Stone Mountain Memorial Association ........... Indirect DOAS Funding .................................... State Funds Budgeted ......................................

Department of Natural Resources Functional Budgets Total Funds

Internal Administration

6,611,382

Parks, Recreation and Historic Sites

34,677,361

Coastal Resources

1,669,991

Game and Fish

28,251,643

Environmental Protection Total

23,382,835 94,593,212

B. Budget Unit: Georgia Agricultural Exposition Authority Personal Services. ................................... Regular Operating Expenses.......................... Travel ............................................. Motor Vehicle Purchases............................. Equipment ......................................... Computer Charges .................................. Real Estate Rentals ................................. Telecommunications ................................. Per Diem, Fees and Contracts ........................ Capital Outlay ...................................... Total Funds Budgeted ............................... State Funds Budgeted ...............................

Functional Budget Total Funds

Georgia Agricultural Exposition Authority

$ 3,668,450

. . $2,228,500 $330,000 $585,000
. . . . $270,000 $1,129,000 . . $30,000
..... $--0-- . $400,000
... $800,000 ..... $--0-- ... $234,330 . . $--0--
. $49,000 ..... $--0-- .... $106,513 ... $170,047 .... $9,800 ..... $88,472 ... $300,000 ..... $--0--
$2,448,394 ...... $5,000 . $94,593,212
. $314,594 . $2,122,585
$200,000 . $59,258,781
State Funds
2,225,234
17,833,561
1,563,491
24,024,491
13,612,004
59,258,781
..... $--0-- $1,595,002 $1,245,998
. . . . . $21,450 ..... $--0-- . . . . . $85,000
... $29,000 ..... $--0-- . . . . . $29,000 . . $663,000 . . . . . $--0--
$3,668,450 . . . . . $--0--
State Funds

TUESDAY, FEBRUARY 23, 1993

679

Section 32. Department of Public Safety. A. Budget Unit: Department of Public Safety ........................ $82,419,028
1. Operations Budget: Personal Services................................................ $47,389,536 Regular Operating Expenses....................................... $6,793,660 Travel ............................................................ $113,000 Motor Vehicle Purchases.......................................... $2,391,120 Equipment ........................................................ $504,520 Computer Charges .................................................. $--0-- Real Estate Rentals .................................................. $7,735 Telecommunications ................................................ $602,000 Per Diem, Fees and Contracts ....................................... $194,150 State Patrol Posts Repairs and Maintenance.......................... $150,000 Capital Outlay ...................................................... $--0-- Total Funds Budgeted ........................................... $58,145,721 Indirect DOAS Service Funding ..................................... $150,000 State Funds Budgeted ........................................... $57,995,721
2. Driver Services Budget: Personal Services................................................ $18,102,456 Regular Operating Expenses....................................... $1,928,201 Travel ............................................................. $22,000 Motor Vehicle Purchases............................................. $25,000 Equipment ........................................................ $155,700 Computer Charges ............................................... $3,507,000 Real Estate Rentals ................................................. $39,600 Telecommunications ................................................ $590,000 Per Diem, Fees and Contracts ....................................... $185,350 Capital Outlay ...................................................... $--0-- Conviction Reports ................................................. $290,000 State Patrol Posts Repairs and Maintenance........................... $30,000 Driver License Processing ......................................... $1,048,000 Total Funds Budgeted ........................................... $25,923,307 Indirect DOAS Service Funding ................................... $1,500,000 State Funds Budgeted ........................................... $24,423,307

Public Safety Functional Budgets Total Funds

State Funds

Administration

$ 11,446,055 $ 11,446,055

Driver Services

$ 25,923,307 $ 24,423,307

Field Operations

$ 46,699,666 $ 46,549,666

Total

$ 84,069,028 $ 82,419,028

B. Budget Unit: Units Attached for Administrative Purposes Only_. . ._ $12,768,516

1. Attached Units Budget:

""

Personal Services................................................. $6,843,024

Regular Operating Expenses....................................... $2,500,836

Travel ............................................................. $91,200

Motor Vehicle Purchases............................................. $--0--

Equipment ........................................................ $101,720

Computer Charges .................

$377,000

Real Estate Rentals ................................................ $100,821

Telecommunications ................................................ $142,000

Per Diem, Fees and Contracts ....................................... $572,840

Peace Officers Training Grants .................................... $3,016,149

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

Total Funds Budgeted ........................................... $13,745,590

680

JOURNAL OF THE SENATE

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

4,216,641

Georgia Peace Officers Standards and Training

4,895,730

Police Academy

1,159,276

Fire Academy

1,044,905

Georgia Firefighters Standards and Training Council

397,332

Georgia Public Safety Training Facility

6,248,347

Total

17,962,231

$12,475,528
. $468,615 . . . $43,742 . $10,828
$--0--
. . $3,096 $37,600
. . . $75,078 ... $3,670 . . $74,012 $3,500,000 $4,216,641 . . $292,988

State Funds

$

292,988

$ 4,895,730

$

859,216

$

964,905

$

397,332

$ 5,358,345

$ 12,768,516

Section 33. Public School Employees' Retirement System. Budget Unit: Public School Employees' Retirement System Payments to Employees' Retirement System ............. Employer Contributions ............................... Total Funds Budgeted ................................ State Funds Budgeted ................................

$9,622,000 . $472,000 $9,150,000 $9,622,000 $9,622,000

Section 34. Public Service Commission.

Budget Unit: Public Service Clommission ........................ ... $8,240,248

Personal Services..........

. . $6,055,926

Regular Operating Expenses

....... $387,583

Travel ...................

...... $165,442

Motor Vehicle Purchases

....... $133,328

Equipment

........ $10,682

Computer Charges ........

....... $400,600

Real Estate Rentals

....... $321,189

Telecommunications ....... Per Diem, Fees and Contracttss

....... $122,366 . . . . . $2,098,115

Total Funds Budgeted .

. . . . . $9,695,231

State Funds Budgeted

..... $8,240,248

Commission Functional Budgets Total Funds

State Funds

Administration

$

1,520,898 $

1,520,898

Transportation

$

3,091,378 $

1,750,117

Utilities

$

5,082,955 $

4,969,233

Total

$ 9,695,231 $ 8,240,248

TUESDAY, FEBRUARY 23, 1993

681

Section 35. Board of Regents, University System of Georgia.

A. Budget Unit. Resident Instruction ............................... $800,775,892

Personal Services:

Educ., Gen., and Dept. Svcs. .................................. $912,491,091

Sponsored Operations ........................................ $127,868,149

Operating Expenses:

Educ., Gen., and Dept. Svcs, .................................. $211,894,841

Sponsored Operations ........................................ $130,027,723

Special Funding Initiative......................................... $5,656,519

Office of Minority Business Enterprise ............................... $300,346

Special Desegregation Programs ..................................... $327,618

Forestry Research .................................................. $281,769

Research Consortium ............................................. $1,550,000

Capital Outlay .................................................. $19,930,103

Total Funds Budgeted ......................................... $1,410,328,159

Departmental Income............................................ $35,145,666

Sponsored Income.............................................. $258,453,106

Other Funds ................................................... $312,926,195

Indirect DOAS Services Fundings.................................. $3,027,300

State Funds Budgeted .......................................... $800,775,892

B. Budget Unit: Regents Central Office and Other Organized

Activities .................................................... $137,005,657

Personal Services:

Educ., Gen., and Dept. Svcs. .................................. $229,830,296

Sponsored Operations ......................................... $71,769,222

Operating Expenses:

Educ., Gen., and Dept. Svcs. .................................. $126,848,743

Sponsored Operations ......................................... $38,685,565

Fire Ant and Environmental Toxicology Research ...................... $--0--

Agricultural Research............................................. $1,851,062

Advanced Technology Development Center ......................... $1,537,913

Capitation Contracts for Family Practice Residency ................. $2,582,707

Residency Capitation Grants ...................................... $2,390,499

Student Preceptorships ............................................. $146,403

Mercer Medical School Grant ..................................... $5,194,000

Morehouse School of Medicine Grant .............................. $1,212,000

Capital Outlay - ETMH ......................................... $17,400,000

Center for Rehabilitation Technology .............................. $1,686,906

SREB Payments ................................................. $7,380,925

Medical Scholarships ............................................. $1,101,055

Regents Opportunity Grants ........................................ $552,720

Regents Scholarships ............................................... $184,240

Rental Payments to Georgia Military College

$808,908

CRT Inc. Contract at Georgia Tech Research Institute

$206,780

Direct Payments to the Georgia Public Telecommunications

Commission for Operations...................................... $6,203,236

Total Funds Budgeted .......................................... $517,573,180

Departmental Income................................................ $--0--

Sponsored Income.............................................. $112,271,263

Other Funds ................................................... $267,740,560

Indirect DOAS Services Funding .................................... $555,700

State Funds Budgeted .......................................... $137,005,657

Regents Central Office and Other Organized Activities Functional Budgets Total Funds

State Funds

Marine Resources Extension Center

$ 1,706,531 $ 1,169,743

682

JOURNAL OF THE SENATE

Skidaway Institute of Oceanography Marine Institute Georgia Tech Research Institute Education Extension Services Agricultural Experiment Station Cooperative Extension Service Eugene Talmadge Memorial Hospital Veterinary Medicine Experiment Station Veterinary Medicine Teaching Hospital Joint Board of Family Practice Georgia Radiation Therapy Center Athens and Tifton Veterinary Laboratories Regents Central Office Total

3,568,530 1,303,980 127,675,519 7,302,905 47,848,067 41,644,325 242,606,023 2,419,303 2,486,322 12,284,440 2,295,254 3,276,299 21,155,682 517,573,180

1,355,342 853,257
11,709,917 2,009,167 30,987,555 24,988,513 27,679,204 2,419,303
449,604 12,284,440
45,745 21,053,867 137,005,657

C. Budget Unit: Georgia Public Telecommunications Commission .......... $--0-- Personal Services................................................. $6,733,297 Operating Expenses .............................................. $7,745,891 Total Funds Budgeted ........................................... $14,479,188 Other Funds .................................................... $14,479,188 State Funds Budgeted ............................................... $--0--

Section 36. Department of Revenue. Budget Unit: Department of Revenue ............................... $79,711,570 Personal Services................................................ $50,496,965 Regular Operating Expenses....................................... $4,329,794 Travel .......................................................... $1,365,575 Motor Vehicle Purchases............................................. $62,745 Equipment ........................................................ $551,124 Computer Charges .............................................. $12,205,702 Real Estate Rentals .............................................. $2,646,528 Telecommunications ................................................ $883,411 Per Diem, Fees and Contracts ..................................... $1,591,243 County Tax Officials/Retirement and PICA ......................... $4,550,926 Grants to Counties/Appraisal Staff. ................................... $--0-- Motor Vehicle Tags and Decals.................................... $2,439,610 Postage ......................................................... $3,258,844 Total Funds Budgeted ........................................... $84,382,467 Indirect DOAS Services Funding .................................. $3,845,000 State Funds Budgeted ........................................... $79,711,570

Department of Revenue Functional Budgets Total Funds

State Funds

Departmental Administration

$ 8,829,065 $ 8,829,065

Internal Administration

$ 10,396,987 $ 10,196,987

Electronic Data Processing

$ 9,471,504 $ 8,656,304

Field Services

$ 17,483,129 $ 17,183,129

Income Tax Unit

$ 7,786,460 $ 7,086,460

Motor Vehicle Unit

$ 15,317,389 $ 14,017,389

Central Audit Unit

$ 6,899,238 $ 6,899,238

TUESDAY, FEBRUARY 23, 1993

Property Tax Unit Sales Tax Unit State Board of Equalization Total

3,935,931 4,215,912
46,852 84,382,467

Section 37. 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

3,153,195

Archives and Records

4,368,619

Business Services and Regulation

4,235,404

Elections and Campaign Disclosure

1,536,087

Drugs and Narcotics

968,286

State Ethics Commission

269,339

State Examining Boards

8,132,329

Total

22,663,259

B. Budget Unit: Real Estate Commission 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 1,754,416

Section 38. Soil and Water Conservation Commission. Budget Unit: Soil and Water Conservation Commission. Personal Services.................................. Regular Operating Expenses........................ Travel ........................................... Motor Vehicle Purchases...........................

683
2,910,034 3,886,112
46,852 79,711,570
$22,163,259 $14,918,849 . $2,200,541 . . . $176,350 . . . $208,000 . . $170,887 . . . $970,815 . $2,282,570 . . $304,610
. $780,637 . . $650,000 $22,663,259 $22,163,259
State Funds 3,013,195 4,293,619 4,140,404 1,500,087 914,286 269,339 8,032,329 22,163,259
. . $1,754,416 . . $1,027,392
. $153,500 ... $15,000 . . . . . $11,000
$12,000 . $263,074 ... $113,700
. . $24,000 ... $134,750
$1,754,416 . $1,754,416
Cost of Operations
1,794,416
$1,643,494 ... $885,630
$108,635 . . . . . $54,050 ..... $--0--

684

JOURNAL OF THE SENATE

Equipment ......................................................... $12,375 Computer Charges ................................................... $7,250 Real Estate Rentals ................................................. $53,377 Telecommunications ................................................. $15,920 Per Diem, Fees and Contracts ....................................... $705,914 County Conservation Grants ........................................ $416,768 Total Funds Budgeted ........................................ $2,259,919 State Funds Budgeted ............................................ $1,643,494

Section 39. Student Finance Commission. Budget Unit: Student Finance Commission .......................... $24,876,997 Personal Services................................................. $4,592,951 Regular Operating Expenses......................................... $397,661 Travel ............................................................. $81,800 Motor Vehicle Purchases............................................. $--0-- Equipment ......................................................... $18,500 Computer Charges ................................................. $366,027 Real Estate Rentals ................................................ $145,000 Telecommunications ................................................. $38,000 Per Diem, Fees and Contracts ........................................ $24,763 Payment of Interest and Fees ........................................ $--0-- Guaranteed Educational Loans .................................... $4,076,000 Tuition Equalization Grants...................................... $16,774,274 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 ........................................... $32,528,656 State Funds Budgeted ........................................... $24,876,997

Georgia Student Finance Commission Functional Budgets

Total Funds

State Funds

Internal Administration

$ 5,178,917 $

--0--

Higher Education Assistance Corporation

$

--0-- $

--0--

Georgia Student Finance Authority

$ 26,863,954 $ 24,391,212

Georgia Nonpublic Postsecondary Education Commission

$

485,785 $

485,785

Total

$ 32,528,656 $ 24,876,997

Section 40. Teachers' Retirement System. Budget Unit: Teachers' Retirement System........................... $3,800,000 Personal Services................................................. $3,404,588 Regular Operating Expenses......................................... $320,500 Travel ............................................................. $26,650 Motor Vehicle Purchases.............................................. $3,200 Equipment ........................................................ $944,361 Computer Charges ................................................. $315,500 Real Estate Rentals ................................................. $63,014 Telecommunications ................................................ $320,000 Per Diem, Fees and Contracts .......................................$ Retirement System Members ...................................... $3,200,000 Floor Fund for Local Retirement Systems ............................ $600,000 Total Funds Budgeted ............................................ $9,197,813 State Funds Budgeted ............................................ $3,800,000

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Section 41. Department of Technical and Adult Education. Budget Unit: Department of Technical and Adult Education . Personal Services. ...................................... Regular Operating Expenses............................. Travel ................................................
Motor Vehicle Purchases................................ Equipment ............................................ Computer Charges ..................................... Real Estate Rentals .................................... Telecommunications .................................... Per Diem, Fees and Contracts ........................... Personal Services--Institutions .......................... Operating Expenses--Institutions ........................ Capital Outlay ......................................... Quick Start Program ................................... Area School Program ................................... Regents Program....................................... Adult Literacy Grants .................................. Total Funds Budgeted..................................
State Funds Budgeted

$121,216,988 . . $3,586,821 ... $357,303 .... $108,250 .... $--0--
..... $17,000 ... $391,822 . . $454,619 .... $141,000 .... $713,500 . $85,856,410 . $18,459,911 .... $--0--
$5,815,340 . $23,268,933 . . $2,584,343 . $10,506,158 $152,261,410 $121,216,988

Administration Institutional Programs Total

Functional Budgets

Total Funds 5,770,315
146,491,095 152,261,410

State Funds 3,962,520
117,254,468 121,216,988

Section 42. Department of Transportation.

Budget Unit: Department of Transportation ...................... $420,204,091

For public roads and bridges and for other transportation activities.

Personal Services.............................................. $223,456,977

Regular Operating Expenses................................... . $58,998,174

Travel ...................................................... . $1,555,799

Motor Vehicle Purchases....................................... ... $820,368

Equipment .................................................. . . $5,187,002

Computer Charges ............................................ . . $5,088,058

Real Estate Rentals ........................................... . . $1,307,274

Telecommunications .......................................... $2,406,075

Per Diem, Fees and Contracts ................................. . $11,910,705

Capital Outlay

$751,374,730

Capital Outlay--Airport Approach Aid and Operational Improvements . $975,335

Capital Outlay--Airport Development................................ $850,000

Mass Transit Grants ............................................. $9,342,544

Harbor Maintenance/Intra-Coastal Waterways Maintenance and

Operations....................................................... $680,000

Spoilage Area Acquisition, Clearing, Preparation and Dike

Reconstruction ................................................. $3,000,000

Total Funds Budgeted ......................................... $1,076,953,041

State Funds Budgeted .......................................... $420,204,091

Department of Transportation Functional Budgets

Motor Fuel Tax Budget

Total Funds

Planning and Construction

$ 790,093,128

Maintenance and Betterments

$ 228,575,142

Facilities and Equipment

$ 8,689,580

Administration

$ 22,499,387

Total

$ 1,049,857,237

State Funds 166,253,128 217,175,142
8,039,580 $ 21,919,387 $ 413,387,237

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General Funds Budget Paving at State and Local Schools and State
Institutions Air Transportation Inter-Modal Transfer Facilities Harbor/Intra-Coastal Waterways Activities Planning and Construction Total

Total Funds
--0-- 1,517,581 21,898,223 3,680,000
--0-- 27,095,804

State Funds
--0-- I,157,581 4,979,273
680,000 --0--
6,816,854

Section 43. Department of Veterans Service. Budget Unit: Department of Veterans Service ................ 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 ....................................

. $20,845,883 . . $4,343,151 ... $109,725 .... $71,200 ..... $--0--
... $83,100 ...... $8,800 . . . . $233,487 .... $55,500 . . . . . $23,000 . $15,255,296
$6,033,934 . . . . . $80,321 . $26,297,514
$20,845,883

Veterans Service Functional Budgets Total Funds

Veterans Assistance

4,856,463

Veterans Home and Nursing Facility--Milledgeville

15,326,196

Veterans Nursing Home--Augusta

6,114,855

Total

26,297,514

State Funds $ 4,652,480
$ II,805,918 $ 4,387,485 $ 20,845,883

Section 44. Workers' Compensation Board. Budget Unit: Workers' Compensation Board. Personal Services........................ Regular Operating Expenses.............. Travel ................................. Motor Vehicle Purchases................. Equipment .............................
Computer Charges Real Estate Rentals ..................... Telecommunications ..................... Per Diem, Fees and Contracts ............ Payments to State Treasury.............. Total Funds Budgeted ................... State Funds Budgeted ...................

$9,343,742 . $6,763,040
$308,220 ... $64,750 .... $--0-- . $13,958
$190,110 . . . . $932,964 ... $105,000 . . $239,200
$1,000,000 . $9,617,242
$9,343,742

Section 45. State of Georgia General Obligation Debt Sinking Fund.

A. Budget Unit: State of Georgia General Obligation Debt Sinking Fund

State General Funds (Issued).

. $318,716,359

Motor Fuel Tax Funds (Issued)

$68,310,000

387,026,359

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687

Section 46. Provisions Relative to Section 3, Supreme Court. The appropriations in Section 3 (Supreme Court) of this Act are for the cost of operating the Supreme Court of the State of Georgia, including salaries and retirement contributions for Justices and the employees of the Court, including the cost of purchasing and distributing the reports (deci sions) of the appellate courts to Judges, District Attorneys, Clerks, and others as required by Code Section 50-18-31, and including Georgia's pro rata share for the operation of the National Center for State Courts.
Section 47. Provisions Relative to Section 4, Court of Appeals. The appropriations in Section 4 (Court of Appeals) of this Act are for the cost of operating the Court of Appeals of the State of Georgia, including salaries and retirement contributions for judges and employ ees of the Court.
Section 48. Provisions Relative to Section 5, Superior Courts. The appropriations in Section 5 (Superior Courts) of this Act are for the cost of operating the Superior Courts of the State of Georgia, including the payment of Judges' salaries, the payment of mileage authorized by law and such other salaries and expenses as may be authorized by law; for the payment of salaries, mileage and other expenses as may be authorized by law for District Attorneys, Assistant District Attorneys, and District Attorneys Emeritus; for the cost of staffing and operating the Prosecuting Attorneys' Council created by Code Section 15-18-40, the Sentence Review Panel created by Code Section 17-10-6, the Council of Superior Court Judges, and the Judicial Administrative Districts created by Code Section 15-5-2, for the latter of which funds shall be allocated to the ten administrative districts by the Chairman of the Judicial Council; provided, however, of the funds appropriated in Section 5, $20,000 is designated and committed to permit Judges with fewer than ten years of experience to at tend the Judicial College.
Section 49. Provisions Relative to Section 6, Juvenile Courts. The appropriations in Section 6 (Juvenile Courts) are for the cost of operating the Council of Juvenile Court Judges created by Code Section 15-11-4.
Section 50. Provisions Relative to Section 7, Institute of Continuing Judicial Educa tion. The appropriations in Section 7 (Institute of Continuing Judicial Education) are for the cost of staffing and operating the Institute of Continuing Judicial Education and the Georgia Magistrate Courts Training Council created by Code Section 15-10-132.
Section 51. Provisions Relative to Section 8, Judicial Council. The appropriations in Section 8 (Judicial Council) of this Act are for the cost of operating the Judicial Council of the State of Georgia, the Administrative Office of the Courts and the Board of Court Re porting of the Judicial Council, and for payments to the Council of Magistrate Court Judges, the Council of Probate Court Judges and the Council of State Court Judges.
Section 52. Provisions Relative to Section 11, Department of Administrative Services. It is the intent of this General Assembly that the Department of Administrative Services develop a plan to centralize the mailing functions of state government and begin implemen tation of said plan by the Department or a contractor when feasible.
Section 53. Provisions Relative to Section 13, Department of Agriculture. Provided that the appropriation to the Department of Agriculture, $85,000 is designated and commit ted for youth programs and activities.
Section 54. Provisions Relative to Schedule 15, Department of Children and Youth Services.
Section 55. Provisions Relative to Section 16, Department of Community Affairs. Pro vided that the funds appropriated herein to the Georgia Environmental Facilities Authority for loans shall be available for nominal or no interest loans to counties, municipalities, local water or sewer authorities, boards or political subdivisions created by the General Assembly or pursuant to the Constitution and laws of the state for emergency-type water and sewer projects.

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Section 56. Provisions Relative to Section 17, Department of Corrections. It is the in tent of the General Assembly that all State and Superior Court Judges assess a minimum $10.00 per month probation fee on all probation cases and excess fee revenue above that which is already budgeted shall be applied toward the lapse factor to fill unfunded proba tion positions and related costs.
It is the intent of this General Assembly that chaplains, teachers and librarians be em ployed by contract for all correctional institutions opened after July 1, 1991 when possible.
Provided, that the Department shall require the same qualifications for contract chap lains as that for classified merit system positions with the same job duties.
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 57. Provisions Relative to Section 19, State Board of Education-Department of Education. The formula calculation for Quality Basic Education funding assumes a base unit cost of $1,653.98. 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 19, 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 19, 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 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.

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689

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 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.
It is the intent of the General Assembly that the mid-term adjustment to the Quality Basic Education formula grants and calculations for the ensuing fiscal year Quality Basic Education formula grants be based on the corrected full-time equivalent student count as received by the Department of Education from each local school system as of the last work ing day prior to Thanksgiving Day of the applicable fiscal year pursuant to Code Sections 20-2-160 and 20-2-162(a). The corrected full-time equivalent count shall be transmitted to the Office of Planning and Budget by the Department of Education by the close of business on the same day.
Section 58. Provisions Relative to Section 20, Employees' Retirement System. 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 59. Provisions Relative to Section 21, 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 60. Provisions Relative to Section 23, Office of the Governor. The Governor's Office of Planning and Budget shall give prior approval for all publications, other than De partmental internal forms.
Section 61. Provisions Relative to Section 24, 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:

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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

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 his General Assembly that the Department of Human Re sources is authorized to allow eligible individuals with mental retardation to be served in the least restrictive community setting possible in lieu of a state mental retardation hospital and that existing funds appropriated herein for mental retardation hospitals be utilized in serving any mental retardation client who is moved from a state mental retardation hospital to a community setting.
It is the intent of this General Assembly that no funds directed to the Department of Veterans Services for payments to Central State Hospital shall be redirected or used by the Department of Human Resources for any function other than the Veterans Nursing Home at Central State Hospital.
Provided, the department is authorized to transfer Personal Services surpluses, not to exceed $275,000 at each of the MH/MR/SA institutions to insure sufficient funding for agency contracted nursing services. Such transfers shall not require prior budgetary approval.
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

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691

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.
It is the intent of this General Assembly that the Department of Human Resources use existing funds to purchase meningitis vaccines.
Section 62. Provisions Relative to Section 28, Law Department. Provided, the depart ment is authorized to use other funds for upgrading computer systems.
Section 63. Provisions Relative to Section 29, Department of Medical Assistance. There is hereby appropriated to the Department of Medical Assistance a specific sum of money equal to all the moneys contributed to the Indigent Care Trust Fund created pursu ant to Article 6 of Chapter 8 of Title 31. The sum of money is appropriated for all of those purposes for which such moneys may be appropriated pursuant to Article 6, and may be used to match federal funds which are available for such purposes.
Nothing contained in this Act shall be construed so as to prevent the Department of Medical Assistance from reimbursing for community services provided to the mentally re tarded eligible for Medicaid.
The Department of Medical Assistance is directed to use existing funds to cover the services of certified registered nurse anesthetists.
The Department is authorized to use existing funds for coverage of Occupational Ther apy Service in Home Health Services.
Section 64. Provisions Relative to Section 30, Merit System of Personnel Administra tion. The Department is authorized to assess no more than $165.00 per merit system budg eted position for the cost of departmental operations.
It is the intent of this General Assembly that the employer contribution rate for 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 employer 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%.
It is the intent of this General Assembly that the pay for performance study to be conducted by the Merit System of Personnel Administration include within its scope the development of a career ladder for service delivery employees.
Section 65. Provisions Relative to Section 31, Department of Natural Resources. No land shall be purchased for State park purposes from funds appropriated in Section 30 (De partment of Natural Resources) or from any other funds without the approval of the State Properties Commission, except for land specifically provided for in Section 30.
Provided that of the funds appropriated herein for Historic Preservation Grants, distri bution thereof shall be pro rata among those Regional Development Centers which employ Preservation Planners as of July, 1991.
Provided that to the extent State Parks and Historic Sites receipts are realized in ex cess of the amount of such funds contemplated in this Act, the Office of Planning and Budget is authorized to use 50 percent of the excess receipts to supplant State funds and 50 percent may be amended into the budget of the Parks, Recreation and Historic Sites Divi sion for the most critical needs of the Division. This provision shall not apply to revenues collected from a state parks parking pass implemented by the Department.
Section 66. Provisions Relative to Section 32, 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.

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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 67. Provisions Relative to Section 35, Board of Regents, University System of Georgia. The Board of Regents is authorized to transfer other object class surpluses to Per sonal Services for the sole purpose of establishing health benefit reserves in amounts not to exceed twenty per cent of total benefit payments for the fiscal year to which this appropria tions act applies. Such transfers shall not require approval of either the Office of Planning and Budget or the Fiscal Affairs Subcommittees.
The Board of Regents is authorized to continue development of quality - added pro grams and to provide initial support for the development (as approved by the Board of Regents) of regional universities.
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 68. Provisions Relative to Section 37, Secretary of State. Provided, that of the funds appropriated for Occupational Certification, $75,000 is authorized for board member participation at conferences related to professional regulation.
Provided, that the funds appropriated herein for the State Ethics Commission, no more than $5,000 may be used to increase the compensation for an existing position as of March 1, 1992, and all other funds shall be used for the purposes of employing additional staff and/ or operational funds for the State Ethics Commission.
Section 69. Provisions Relative to Section 41, Department of Technical and Adult Ed ucation. None of the State funds appropriated in Section 41 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 70. Provisions Relative to Section 42, 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 42 of this Bill, in the event such collections, less refunds, rebates and collection costs, exceed such Motor Fuel Tax Appropriation.
e.) Functions financed with General Fund appropriations shall be accounted for sepa rately and shall be in addition to appropriations of Motor Fuel Tax revenues required under Article III, Section IX, Paragraph VI, Subsection (b ) of the State Constitution.

TUESDAY, FEBRUARY 23, 1993

693

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/selling 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 $481,697,237 of motor fuel tax appropriated in this act, $5,000,000 is designated for the design of the bridge that will replace the existing Sidney Lanier Bridge in Brunswick.
It is the further intent of this General Assembly that of the $481,697,237 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 71. 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 $8,320,000 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 ($8,200,000 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 remittance to the Fiscal Division of the Department of Administrative Services from agency fund collections.
Section 72. 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 73. Each and every agency, board, commission, and authority receiving appro priations in this Act shall procure and utilize only the most economical and cost-effective motor vehicles suitable for the purpose and shall develop and enforce stringent regulations relating to the use of motor vehicles owned, leased, or rented by the State, including provi sions that employees authorized to utilize State vehicles for commuting to and from work

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shall not use State vehicles except for official State business. Except as otherwise specifically authorized by this body, utilization of State motor vehicles for commuting to and from work should only be authorized in rare and unusual circumstances requiring frequent and regular use of such State vehicles in official State business under conditions precluding obtaining a State vehicle from a State facility in a normal manner.
The State Auditor shall make the utilization of motor vehicles, xerographic equipment and telephonic equipment a matter of special interest in future audits to insure strict com pliance with the intent of this General Assembly.
Section 74. To the extent to which Federal funds become available in amounts in ex cess of those contemplated in this Appropriations Act, such excess Federal funds shall be applied as follows, whenever feasible:
First, to supplant State funds which have been appropriated to supplant Federal funds, which such supplanted State funds shall thereupon be removed from the annual operating budgets; and
Second, to further supplant State funds to the extent necessary to maintain the effec tive matching ratio experienced in the immediately preceding fiscal year, which such sup planted State funds shall thereupon be removed from the annual operating budgets.
The Office of Planning and Budget shall utilize its budgetary and fiscal authority so as to accomplish the above stated intent to the greatest degree feasible. At the end of this fiscal year, said Office of Planning and Budget shall provide written notice to the members of the Appropriations Committees of the Senate and House of Representatives of the in stances of noncompliance with the stated intent of this Section.
A nonprofit contractor, as defined in Chapter 20 of Title 50, which contracts to receive any public funds appropriated in this Act shall comply with all provisions of Chapter 20 of Title 50 and shall, in addition, deposit copies of each filing required by Chapter 20 of Title 50 with the chairmen of the House and Senate Appropriations Committees and with the Legislative Budget Office, at the same time as the filings required under Chapter 20 of Title 50. Any nonprofit entity which receives a grant of any public funds appropriated in this Act without entering into a contractual arrangement shall likewise, as a condition of such grant, comply with the provisions of Chapter 20 of Title 50 in the same manner as a state contrac tor and shall likewise file copies of required filings with the chairmen of the House and Senate Appropriations Committees.
Section 75. 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 76. 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 77. No State appropriations authorized under this Act shall be used to con tinue programs currently funded entirely with Federal funds.
Section 78. In accordance with the requirements of Article IX, Section VI, Paragraph la of the Constitution of the State of Georgia, as amended, there is hereby appropriated payable to each department, agency, or institution of the State sums sufficient to satisfy the payments required to be made in each year, under existing lease contracts between any department, agency, or institution of the State, and any authority created and activated at the time of the effective date of the aforesaid constitutional provision, as amended, or ap propriated for the State fiscal year addressed within this Act. If for any reason any of the sums herein provided under any other provision of this Act are insufficient to make the required payments in full, there shall be taken from other funds appropriated to the depart ment, agency or institution involved, an amount sufficient to satisfy such deficiency in full and the lease payment constitutes a first charge on all such appropriations.

TUESDAY, FEBRUARY 23, 1993

695

Section 79. (a.) All expenditures and appropriations made and authorized under this Act shall be according to the programs and activities as specified in the Governor's recom mendations contained in the Budget Report submitted to the General Assembly at the 1993 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 ct, the appropriations shall be as follows: Expenditures of no more than 102% of the stated amount for each com mon object class are authorized. However, the total expenditure for the group may not ex ceed the sum of the stated amounts for the separate object classes of the group.
(b.) (3.) It is the further intent of the General Assembly that this principle shall be applied as well when common object class amounts are properly amended in the administra tion of the annual operating budget.
Section 80. Wherever in this Act the terms "Budget Unit Object Classes" or "Com bined Object Classes For Section" are used, it shall mean that the object classification fol lowing such term shall apply to the total expenditures within the Budget Unit or combina tion of budget units within a designated section, respectively, and shall supersede the object classification shown in the Governor's Budget Report.
For budget units within the Legislative Branch, all transfers shall require prior ap proval of at least eight members of the Legislative Services Committee in a meeting of such Committee, except that no approval shall be required for transfers within the Senate Func tional Budget or the House Functional Budget.
Section 81. There is hereby appropriated a specific sum of Federal grant funds, said specific sum being equal to the total of the Federal grant funds available in excess of the amounts of such funds appropriated in the foregoing sections of this Act, or the purpose of supplanting appropriated State funds, which State funds shall thereupon be unavailable for expenditure unless re-appropriated by the Georgia General Assembly. This provision shall not apply to project grant funds not appropriated in this Act.
Section 82. The constitutionally elected official, appointed departmental commis sioner, or otherwise designated chief officer of each budget unit in the Appropriations Act shall develop a system for reporting to the House of Representatives Budget Subcommittee and the Senate Continuation Subcommittee recommendations on all programs subject to continuing appropriations where the department feels an appropriate review may cause sav ings or efficiencies or repeal of said program from future continuing appropriations. The House of Representatives Budget Subcommittee and Senate Continuation Subcommittee shall report to the membership of the General Assembly, within one week of the convening of each annual meeting of the General Assembly, a list of all programs brought to the House of Representatives Budget Subcommittee and Senate Continuation Subcommittee as well as

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actions recommended, if any, by the House of Representatives Budget Subcommittee and Senate Continuation Subcommittee of the General Assembly. It is the expressed intent of the General Assembly to seek, in a positive environment, recommendations from those charged with managing the appropriations of state funds, ways to economize and make the operations of the government more efficient. It is further the intention of the General As sembly to seek constructive advice on those programs which no longer merit continuing appropriation, or those program which, through merger with other operations, may result in a positive reduction in the expenditures of state government.
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 (Hospital) to defease all undefeased outstanding bonds of the Georgia Building Authority (Hospital).
Section 84. TOTAL STATE FUND APPROPRIATIONS State Fiscal Year 1993 .......................................... $8,252,216,454 (Including $90,578,050 in Indigent Trust Fund)

Section 85. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 86. All laws and parts of laws in conflict with this Act are repealed."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

Senator Dawkins of the 45th moved that the Senate adopt the Conference Committee report on HB 121.

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

Those voting in the affirmative were Senators:

Abernathy Alien Balfour Baugh Blitch Boshears Bowen B,,Brroowunn ooff. 4,,26,,6t.th,h BChuerteokns
Clay Coleman Crotts Dawkins Day Dean Edge

Egan Farrow Garner Gillis Gochenour Harbison Hemmer HTHTougogkms. s IKsaekmspon
Langford of 35th Langford of 29th Madden Marable Middleton Newbill Oliver

Parrish Perdue Pollard Ragan of llth Ragan of 32nd Ralston Rav K,,<, o,bm. son *Sfloottltn
Starr Taylor Thomas Thompson Turner Tysinger Walker

Voting in the negative was Senator Glanton.

Not voting were Senators Henson and Hill.

TUESDAY, FEBRUARY 23, 1993

697

On the motion, the yeas were 53, nays 1; the motion prevailed, and the Senate adopted the Conference Committee report on HB 121.

The following resolution of the Senate was read and adopted:

SR 202. By Senators Gillis of the 20th and Broun of the 46th:

A RESOLUTION

Honoring the Senators and former Senators from the 1963 Session of the General As sembly and welcoming a delegation of their members to the Senate; and for other purposes.
WHEREAS, a delegation of many of the former Senators from the 1963 Session of the General Assembly will be visiting the Capitol on February 23 for a 30 year reunion; and
WHEREAS, this distinguished body of 54 eminent Georgians includes a former Presi dent of the United States; the present Governor of Georgia; three former Governors of Geor gia; two former Lieutenant Governors of Georgia; two sitting members of the Georgia Sen ate; one sitting member of the Georgia House of Representatives; several judges and former judges of the superior and appellate courts; a member of the Public Service Commission; and many others whose service to the State of Georgia is equally noteworthy; and
WHEREAS, the current health and well-being of the State of Georgia bear ample testi mony to the wise decisions and dedicated service rendered by this outstanding group in 1963 and throughout their careers; and
WHEREAS, it is fitting on this occasion that the Senate pause to recognize the accom plishments and contributions of those who came before them, both those living and the deceased.
NOW, THEREFORE, BE IT RESOLVED BY THE SENATE that this body hereby honors the following members of the Senate from the 1963 Session of the General Assembly:

Paul Broun Charlie Brown Garland Byrd Jimmy Carter Milton Carlton Frank Coggin McKinley Conway, Jr. Frank Downing S. Thomas Ellis J. B. Fuqua Hugh Gillis Harold Harrison Harry Jackson Leroy Johnson Benjamin F. Johnson, Jr. Culver Kidd Edward S. Kendrick Joseph Loggins

Talmadge McKinnon Zell Miller Clinton Oliver Erwin Owens Charles A. Pannell Brooks Pennington J. Traylor Phillips Lamar Plunkett Bobby Rowan Milford Scott William A. Searcey Robert Smalley Ford Spinks Joseph Tribble Julian Webb James P. Wesberry Kyle Yancey

DECEASED:

Oby Brewer, Sr. Jack Fincher, Sr. John M. Gayner Perry Gordy Battle Hall Roland Heard

Al Holloway William Hunt Wyck Knox Robert Lee, Jr. Dan I. Maclntyre, III Hugh McWhorter

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Albert Moore Roy V. Noble Glenn Pelham Joe Salome

Samuel Lament Smith Stanley Smith George Daniel Stewart Martin Young

Lieutenant Governor Howard recognized the members of the 1963-64 Senate who were visiting in the Senate today, and introduced the following dignitaries from that group who briefly addressed the Senate during a short ceremony commemorating their 30th anniversary:
Honorable Jimmy Carter, a former President of the United States,
His Excellency, Zell Miller, Governor of Georgia,
Honorable Ernest Vandiver, a former Governor of Georgia, and
Honorable Carl Sanders, a former Governor of Georgia.

Serving as doctor of the day today was Dr. John Gamwell of Atlanta, Georgia.

Senator Robinson of the 16th moved that the Senate do now adjourn until 9:30 o'clock A.M. tomorrow, and the motion prevailed.

At 11:53 o'clock A.M., the President announced the Senate adjourned until 9:30 o'clock A.M. tomorrow.

WEDNESDAY, FEBRUARY 24, 1993

699

Senate Chamber, Atlanta, Georgia Wednesday, February 24, 1993 Twenty-fifth Legislative Day
The Senate met pursuant to adjournment at 9:30 o'clock A.M. today and was called to order by the President.
Senator Huggins of the 53rd reported that the Journal of yesterday's proceedings had been read and found correct.
By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House:
HB 317. By Representative Chandler of the 99th: A bill to amend an Act known as the "Douglasville-Douglas County Water and Sewer Authority Act," so as to change the provisions relating to the membership of the authority.
HB 610. By Representative Holmes of the 53rd: A bill to amend an Act creating and establishing a purchasing department in certain counties of this state, so as to provide for factors that may be considered in determining whether a bidder is responsible in each county of this state having a population of 550,000.
HB 793. By Representative Jenkins of the 110th: A bill to amend an Act creating a board of commissioners for Jasper County, so as to reapportion the districts from which commissioners are elected.
HB 825. By Representatives Baker of the 70th, Sherrill of the 62nd, Teper of the 61st, Turnquest of the 73rd, Henson of the 65th and others: A bill to amend an Act to create and establish for and in the County of DeKalb a court to be known as the recorder's court of DeKalb County, so as to provide the court with authority to assess fines not to exceed the sum of $1,000.00 for any single offense.
HB 22. By Representative Parham of the 122nd: A bill to amend Code Section 40-5-59 of the Official Code of Georgia Annotated, relating to reexamination of drivers believed to be incompetent or unqualified, so as to change the time within which certain drivers may request a hearing con cerning a revocation of their licenses.
HB 660. By Representative Floyd of the 138th: A bill to amend Article 2 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to dimensions and weight of vehicles and loads, so as to pro vide that loads of unprocessed forest products may be a maximum total length of 60 feet.

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HB 566. By Representatives Breedlove of the 85th, Smith of the 102nd and Crawford of the 129th:
A bill to amend Chapter 7 of Title 12 of the Official Code of Georgia Annotated, the "Erosion and Sedimentation Act of 1975," so as to provide that any person conducting land-disturbing activities who has been issued a permit and has not been found to be in violation of the provisions of such chapter and all applicable regulations or ordinances promulgated thereunder shall be presumed to be in compliance with such Act, regulations, and ordinances.
HB 606. By Representatives Holmes of the 53rd, Cauthorn of the 35th, Canty of the 52nd, Kinnamon of the 4th and Hembree of the 98th:
A bill to amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, the "Georgia Elections Code," so as to provide that certain qualifying petitions, nomination petitions, and petitions to qualify political bodies to nominate cer tain candidates by convention shall consist of cards each of which shall contain only one signature.
HB 470. By Representatives Skipper of the 137th and Hanner of the 159th:
A bill to amend an Act creating the state court of Sumter County, so as to change the beginning date of the January term of' court.
HB 515. By Representatives Cauthorn of the 35th and Groover of the 125th:
A bill to amend Article 1 of Chapter 6 of Title 10 of the Official Code of Georgia Annotated, relating to the creation and nature of the relationship of an agency, so as to revise and clarify the provisions relating to the formality necessary to create an agency.
HB 62. By Representatives Dover of the 9th and Royal of the 164th:
A bill to amend Code Section 48-5-274 of the Official Code of Georgia Annotated, relating to the establishment of the equalized adjusted school property tax di gest, so as to change certain provisions relating to the appointment of boards of arbitrators.
HB 107. By Representative Groover of the 125th:
A bill to amend Article 2 of Chapter 4 of Title 17 of the Official Code of Georgia Annotated, relating to arrest by law enforcement officers in general, so as to pro vide that a sworn county or municipal law enforcement officer shall be authorized to transport an arrested person from one jurisdiction to the county or municipal ity in which the offense is alleged to have been committed.
The House has adopted by the requisite constitutional majority the following resolution of the House:
HR 120. By Representatives Childers of the 13th and Stancil of the 91st:
A resolution requesting all health and human service programs which result in licensure or certification by the State of Georgia to include gerontology or geriat ric education within their programs and encouraging all licensing and certifica tion boards in Georgia to approve gerontology and geriatric education courses as meeting part of continuing education requirements for such licensure or certification.

WEDNESDAY, FEBRUARY 24, 1993

701

The House has adopted the report of the Committee of Conference on the following bill of the House:
HB 121. By Representatives Murphy of the 18th, Coleman of the 142nd, Walker of the 141st, Baker of the 70th, Bordeaux of the 151st and others:
A bill to amend an Act providing appropriations for the State Fiscal Year 19921993 known as the "General Appropriations Act", so as to change certain appro priations for the State Fiscal Year 1992-1993.
The House has passed by the requisite constitutional majority the following bill of the House:
HB 191. By Representatives Pinholster of the 15th, Groover of the 125th, Stancil of the 16th, Lawrence of the 64th and Harris of the 17th:
A bill to amend Code Section 42-8-35.1 of the Official Code of Georgia Anno tated, relating to special alternative incarceration, so as to require participation of confined individuals in adult education courses.
The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:
SB 309. By Senator Langford of the 35th:
A bill to amend Code Section 10-1-310 of the Official Code of Georgia Annotated, relating to ticket scalping for certain athletic contests, so as to authorize a maxi mum $3.00 service charge on all tickets for admission to any place of amusement or entertainment. Referred to Committee on Consumer Affairs.
SB 310. By Senator Robinson of the 16th:
A bill to amend Chapter 9 of Title 33 of the Official Code of Georgia Annotated, relating to insurance rates, underwriting rules, and regulated organizations, so as to provide for a premium reduction applicable to policies of workers' compensa tion insurance if the insured under such policy establishes and maintains a drugfree workplace program which complies with certain requirements; to provide for matters relative to such discounts and certification for such discounts. Referred to Committee on Insurance and Labor.
SR 199. By Senators Middleton of the 50th and Henson of the 55th:
A resolution urging the Georgia Department of Industry, Trade, and Tourism to assist communities in the promotion of their locales as desirable retirement destinations. Referred to Committee on Economic Development, Tourism and Cultural Affairs.
SR 200. By Senators Kemp of the 3rd, Boshears of the 6th and Gillis of the 20th:
A resolution authorizing the conveyance of an interest in real property or other right in certain state owned real property to Glynn County in return for the county's financing of construction of certain improvements thereon by the state; to empower the State Forestry Commission, Glynn County, and the State Properties Commission to provide further the terms and conditions of such an undertaking; to provide an effective date. Referred to Committee on Finance and Public Utilities.

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JOURNAL OF THE SENATE

SR 203. By Senators Hill of the 4th, Perdue of the 18th, Taylor of the 12th and others:
A resolution proposing an amendment to the Constitution so as to authorize counties and municipal corporations to enter into contracts for the purpose of sharing proceeds of ad valorem taxes assessed and collected on real property lo cated in such county or municipal corporation with other counties or municipal corporations with which the assessing county or municipal corporation has con tracted; to provide for the submission of this amendment for ratification or rejection. Referred to Committee on Finance and Public Utilities.
The following bills and resolution of the House were read the first time and referred to committees:
HB 22. By Representative Parham of the 122nd:
A bill to amend Code Section 40-5-59 of the Official Code of Georgia Annotated, relating to reexamination of drivers believed to be incompetent or unqualified, so as to change the time within which certain drivers may request a hearing con cerning a revocation of their licenses. Referred to Committee on Judiciary.
HB 62. By Representatives Dover of the 9th and Royal of the 164th:
A bill to amend Code Section 48-5-274 of the Official Code of Georgia Annotated, relating to the establishment of the equalized adjusted school property tax di gest, so as to change certain provisions relating to the appointment of boards of arbitrators. Referred to Committee on Finance and Public Utilities.
HB 107. By Representative Groover of the 125th:
A bill to amend Article 2 of Chapter 4 of Title 17 of the Official Code of Georgia Annotated, relating to arrest by law enforcement officers in general, so as to pro vide that a sworn county or municipal law enforcement officer shall be authorized to transport an arrested person from one jurisdiction to the county or municipal ity in which the offense is alleged to have been committed. Referred to Committee on Public Safety.
HB 191. By Representatives Pinholster of the 15th, Groover of the 125th, Stancil of the 16th, and others: A bill to amend Code Section 42-8-35.1 of the Official Code of Georgia Anno tated, relating to special alternative incarceration, so as to require participation of confined individuals in adult education courses.
Referred to Committee on Corrections.
HB 470. By Representatives Skipper of the 137th and Hanner of the 159th:
A bill to amend an Act creating the state court of Sumter County, so as to change the beginning date of the January term of court. Referred to Committee on Urban and County Affairs.
HB 515. By Representatives Cauthorn of the 35th and Groover of the 125th:
A bill to amend Article 1 of Chapter 6 of Title 10 of the Official Code of Georgia Annotated, relating to the creation and nature of the relationship of an agency, so as to revise and clarify the provisions relating to the formality necessary to create an agency. Referred to Committee on Judiciary.

WEDNESDAY, FEBRUARY 24, 1993

703

HB 566. By Representatives Breedlove of the 85th, Smith of the 102nd and Crawford of the 129th:
A bill to amend Chapter 7 of Title 12 of the Official Code of Georgia Annotated, the "Erosion and Sedimentation Act of 1975," so as to provide that any person conducting land-disturbing activities who has been issued a permit and has not been found to be in violation of the provisions of such chapter and all applicable regulations or ordinances promulgated thereunder shall be presumed to be in compliance with such Act, regulations, and ordinances. Referred to Committee on Natural Resources.
HB 606. By Representatives Holmes of the 53rd, Cauthorn of the 35th, Canty of the 52nd, and others:
A bill to amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, the "Georgia Elections Code," so as to provide that certain qualifying petitions, nomination petitions, and petitions to qualify political bodies to nominate cer tain candidates by convention shall consist of cards each of which shall contain only one signature. Referred to Committee on Governmental Operations.
HB 610. By Representative Holmes of the 53rd:
A bill to amend an Act creating and establishing a purchasing department in certain counties of this state, so as to provide for factors that may be considered in determining whether a bidder is responsible in each county of this state having a population of 550,000. Referred to Committee on Urban and County Affairs (General).
HB 660. By Representative Floyd of the 138th:
A bill to amend Article 2 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to dimensions and weight of vehicles and loads, so as to pro vide that loads of unprocessed forest products may be a maximum total length of 60 feet. Referred to Committee on Transportation.
HB 317. By Representative Chandler of the 99th:
A bill to amend an Act known as the "Douglasville-Douglas County Water and Sewer Authority Act," so as to change the provisions relating to the membership of the authority. Referred to Committee on Urban and County Affairs.
HB 793. By Representative Jenkins of the 110th:
A bill to amend an Act creating a board of commissioners for Jasper County, so as to reapportion the districts from which commissioners are elected. Referred to Committee on Urban and County Affairs.
HB 825. By Representatives Baker of the 70th, Sherrill of the 62nd, Teper of the 61st, and others:
A bill to amend an Act to create and establish for and in the County of DeKalb a court to be known as the recorder's court of DeKalb County, so as to provide the court with authority to assess fines not to exceed the sum of $1,000.00 for any single offense. Referred to Committee on Urban and County Affairs.

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JOURNAL OF THE SENATE

HR 120. By Representatives Childers of the 13th and Stancil of the 91st:
A resolution requesting all health and human service programs which result in licensure or certification by the State of Georgia to include gerontology or geriat ric education within their programs and encouraging all licensing and certifica tion boards in Georgia to approve gerontology and geriatric education courses as meeting part of continuing education requirements for such licensure or certification. Referred to Committee on Youth, Aging and Human Ecology.
The following reports of standing committees were read by the Secretary:
Mr. President:

The Committee on Corrections has had under consideration the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:
SB 252. Do pass by substitute. HB 353. Do pass.
Respectfully submitted,
Senator Ray of the 19th District, Chairman Mr. President:

The Committee on Corrections has had under consideration the following bill of the House and has instructed me to report the same back to the Senate with the following recommendation:
HB 352. Do pass as amended.
Respectfully submitted,
Senator Ray of the 19th District, Chairman Mr. President:

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

HB 463. Do pass.

HB 522. Do pass.

Respectfully submitted,

Mr. President:

Senator Perdue of the 18th District, Chairman

The Committee on Insurance and Labor has had under consideration the following bills of the Senate and has instructed me to report the same back to the Senate with the follow ing recommendations:
SB 161. Do pass. SB 170. Do pass by substitute. SB 264. Do pass. SB 280. Do pass.
Respectfully submitted,
Senator Pollard of the 24th District, Chairman

WEDNESDAY, FEBRUARY 24, 1993

705

Mr. President:

The Committee on Judiciary has had under consideration the following bills of the Sen ate and has instructed me to report the same back to the Senate with the following recommendations:
SB 116. Do pass. SB 196. Do pass by substitute. SB 261. Do pass.
Respectfully submitted,
Senator Oliver of the 42nd District, Chairman

Mr. President:

The Committee on Natural Resources has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SB 289. Do pass as amended.
Respectfully submitted,
Senator Gillis of the 20th District, Chairman

Mr. President:

The Committee on Natural Resources has had under consideration the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:
SB 294. Do pass by substitute. HB 112. Do pass. HB 597. Do pass.
Respectfully submitted,
Senator Gillis of the 20th District, Chairman

Mr. President:

The Committee on Special Judiciary has had under consideration the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:
SB 277. Do pass. HB 344. Do pass. HB 149. Do pass as amended.
Respectfully submitted,
Senator Egan of the 40th District, Chairman

Mr. President:

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

SB 254. Do pass.

SB 258. Do pass.

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JOURNAL OF THE SENATE

SB 298. HB 548. HB 701. HB 744.

Do pass.

HB 745. Do pass.

Do pass as amended.

HB 756. Do pass.

Do pass.

HB 775. Do pass.

Do pass.

Respectfully submitted,

Senator Thompson of the 33rd District, Chairman

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

SB 231. By Senator Cheeks of the 23rd:
A bill to amend Code Section 10-1-393 of the Official Code of Georgia Annotated, relating to unfair or deceptive practices in consumer transactions, so as to pro vide that each promotional offer made in the state must be identified on the envelope containing the notice as a promotion and that the odds of winning must be stated conspicuously.

SB 240. By Senator Isakson of the 21st:
A bill to provide a short title; to amend Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, so as to provide that, with regard to policies of workers' compensation insurance, cancellation, nonrenewal, and certain other notice requirements shall be satisfied by dispatching of the notice by certified mail, return receipt requested.

HB 493. By Representatives Bailey of the 93rd, Benefield of the 96th, Lee of the 94th and others:
A bill to amend Code Section 48-5-292 of the Official Code of Georgia Annotated, relating to the ineligibility of members of the county board of tax assessors to hold other offices, so as to provide that such members shall not be eligible to hold simultaneously any county property appraisal staff position.

HB 496. By Representatives Buck of the 135th, Powell of the 23rd, Carrell of the 87th and others:
A bill to amend Chapter 17 of Title 47 of the Official Code of Georgia Annotated, relating to the Peace Officers' Annuity and Benefit Fund, so as to repeal a certain requirement for a physical examination as a part of the application for membership.

HB 497. By Representatives Buck of the 135th and Floyd of the 138th:
A bill to amend Article 2 of Chapter 17 of Title 47 of the Official Code of Georgia Annotated, relating to the administration and management of the assets of the Peace Officers' Annuity and Benefit Fund, so as to authorize the board of trust ees of such fund to grant postretirement benefit increases when actuarially feasible.

HB 502. By Representatives Buck of the 135th, Powell of the 23rd, Carrell of the 87th and others:
A bill to amend Chapter 16 of Title 47 of the Official Code of Georgia Annotated, relating to the Sheriffs' Retirement Fund of Georgia, so as to authorize the board of trustees of such fund to grant postretirement benefit increases.

WEDNESDAY, FEBRUARY 24, 1993

707

HB 551. By Representatives Dixon of the 168th, Barnes of the 33rd, Golden of the 177th and Scoggins of the 24th:
A bill to amend Code Section 3-2-13 of the Official Code of Georgia Annotated, relating to the issuance of refunds or credits for taxes paid or stamps purchased, so as to clarify certain provisions pertaining to refunds or credits for taxes paid on alcoholic beverages and for stamps purchased in payment of taxes on alcoholic beverages.
HB 552. By Representatives Dixon of the 168th, Barnes of the 33rd, Golden of the 177th and Scoggins of the 24th:
A bill to amend Code Section 3-3-29 of the Official Code of Georgia Annotated, relating to possession, sale, or purchase of unstamped distilled spirits, so as to provide that no person shall knowingly possess, sell, or purchase any distilled spirits upon which taxes have not been paid.
HR 118. By Representative Lane of the 55th:
A resolution creating the Joint Boundaries of Regional Development Centers Study Committee.
The President called for the morning roll call, and the following Senators answered to their names:

Balfour Baugh Blitch Boshears
Bowen Broun of 46th Brown of 26th
"rtn pC,layelcs Coleman Crotts Day Dean Edge Farrow Gillis

Glanton Gochenour Harbison Hemmer
Henson ffill Hooks
Muggins I-,,sakson KemP , , v Langford of 29th Madden Marable Middleton Newbill Oliver

Parrish Perdue Poiiard Ragan of llth
Ragan of 32nd Ralston Ray
Robinson S~ lotin Stair Taylor Thomas Thompson Turner Tysinger Walker

Those not answering were Senators:

Abernathy Alien Dawkins

Egan Garner

Langford of 35th Scott

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

Senator Perdue of the 18th introduced the chaplain of the day, Dr. Bill Willis, pastor of the First Presbyterian Church, Warner Robins, Georgia, who offered scripture reading and prayer.

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JOURNAL OF THE SENATE

Senator Slotin of the 39th introduced Mr. G. Andrew Fleming, president and chief ex ecutive officer of the Atlanta Paralympic Organizing Committee, having been recognized by SR 174, adopted previously, and Mr. Fleming briefly addressed the Senate.
The following resolutions of the Senate were read and adopted:
SR 201. By Senator Bowen of the 13th:
A resolution recognizing the Slosheye Trail Big Pig Jig as the state's Official Bar becue Cooking Contest.
SR 204. By Senator Crotts of the 17th:
A resolution commending the Foster Parents Association of Georgia.
SR 205. By Senators Clay of the 37th and Thompson of the 33rd:
A resolution recognizing the McEachern High School Wrestling Team.
The following local, uncontested bills of the Senate and House, favorably reported by the committee as listed on the Senate Local Consent Calendar, were put upon their passage:
SENATE LOCAL CONSENT CALENDAR
Wednesday, February 24, 1993
TWENTY-FIFTH LEGISLATIVE DAY
(The names listed with each bill are the Senators whose districts are affected by the legislation.)
SB 254 Cheeks, 23rd Pollard, 24th COLUMBIA COUNTY
Provides supplemental compensation, expenses and allowances for the judges of the Superior Court of the Augusta Judicial Circuit; changes the provisions relating to such supplement; provides an effective date; repeals conflicting laws.
SB 258 Dawkins, 45th Crotts, 17th ROCKDALE COUNTY
Provides for supplemental compensation to the compensation, salary, ex penses, and allowances for the judges of the Superior Court of the Rockdale Judicial Circuit; provides an effective date and repeals conflicting laws.
SB 298 Balfour, 9th Day, 48th Tysinger, 41st Burton, 5th Newbill, 56th GWINNETT COUNTY
Provides for election districts for the Board of Education of Gwinnett County; increases the salary for the members; repeals conflicting laws.

WEDNESDAY, FEBRUARY 24, 1993

709

*HB 548 Boshears, 6th Blitch, 7th WARE COUNTY
Changes the compensation of the judge of the court of Ware County. (AMENDMENT)
HB 701 Langford, 29th CITY OF LAGRANGE
Creates a new charter for the City of LaGrange; provides for additional pow ers, duties, and authority of the mayor and council with respect to cable tele vision systems and services.
HB 744 Langford, 29th CITY OF LAGRANGE
Creates a new charter for the City of LaGrange; provides for a referendum election in the city at which the voters shall be given choices relating to the composition and selection of the members of the governing authority.
HB 745 Kemp, 3rd Boshears, 6th WAYNE COUNTY Provides for homestead exemption from ad valorem taxes for county pur poses and from school district ad valorem taxes for educational purposes and for certain residents of that county and school district.
HB 756 Perdue, 18th HOUSTON COUNTY Creates a board of commissioners of Houston County; changes provisions re lating to the place for holding the regular monthly meeting in the City of Perry.
HB 775 Langford, 29th CITY OF LAGRANGE
Creates a new charter for the City of LaGrange; deletes certain provisions relating to the conducting of elections, time of the election; absentee voting and election rules.
The amendment to the following bill was put upon its adoption:
*HB 548:
The Senate Committee on Urban and County Affairs offered the following amendment:
Amend HB 548 by striking lines 24 and 25 on page 1, which read as follows:
" 'Section 4A. The Judge of the State Court of Ware County shall receive an annual salary of $40,000.00.",
and inserting in lieu thereof the following:
" 'Section 4A. Following the effective date of this Act, the Judge of the State Court of Ware County shall receive a salary in such an amount as to provide for a total salary for such judge for the calendar year of 1993 in the amount of $35,000.00. The salary of such judge for the calendar year 1994 and annually thereafter shall be $40,000.00."

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On the adoption of the amendment, the yeas were 52, 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:

Abernathy Alien Balfour Baugh Blitch Boshears Broun of 46th Brown of 26th Burton Cheeks Clay Coleman Crotts Dawkins Day Dean Edge Egan

Farrow Garner Gillis Glanton Gochenour Harbison Hemmer Henson Hill Hooks Huggins Isakson Kemp Langford of 35th Langford of 29th Madden Marable

Middleton Newbill Parrish Pollard Ragan of llth Ragan of 32nd Ralston Ray Robinson Slotin Starr Taylor Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Bowen Oliver

Perdue

Scott

On the passage of all the local bills, the yeas were 52, nays 0.

All the bills on the Senate Local Consent Calendar, except HB 548, having received the requisite constitutional majority, were passed.

HB 548, having received the requisite constitutional majority, was passed as amended.

Senator Garner of the 30th introduced Mr. Roy Richards, president and chief executive officer of the Southwire Company, who, having been commended by SR 30, adopted previ ously, briefly addressed the Senate.

SENATE RULES CALENDAR
Wednesday, February 24, 1993
TWENTY-FIFTH LEGISLATIVE DAY
SB 230 Residential Real Property Insurance--cancellation reasons (Amendment) (I&L--19th)
SB 271 Secretary of State--provide Historical Records Advisory Board (Nat R--20th) SB 222 Cigarettes--sale to minors under 18 years of age illegal (Substitute)
(YA&HE--16th) SB 105 Georgia Residential Security Deed Act--provide (Substitute) (B&FI--36th)

WEDNESDAY, FEBRUARY 24, 1993

711

SB 92 Abandoned, Distressed Vehicle on Highways--Department of Transportation may remove (Substitute) (Trans--1st)
SB 137 Professional Counseling, Social Work--legislative purpose, licensing (Substitute) (H&HS--55th)
SB 64 Pardons and Paroles Board--release information on votes taken (Amendment) (S Judy--37th)
SR 9 State Government Personnel Expense--request multi-year plan to reduce (Approp--30th)
SB 166 Ad Valorem Taxation--rates, assessment dates, certain enterprise zones (U&CA G--33rd)
SB 237 Controlled Substance Informant--maximum percentage of forfeited property paid (Amendment) (S Judy--30th)
SB 99 Death Investigation Act--autopsy, dissection, tissue retention (Judy--56th) SR 173 Global Warming and Air Pollution--relating to (Nat R--55th)
Respectfully submitted, /s/ George Hooks of the 14th, Chairman
Senate Rules Committee
The following general bill of the Senate, favorably reported by the committee, was read the third time and put upon its passage:
SB 230. By Senators Ray of the 19th and Pollard of the 24th: A bill to amend Code Section 33-24-26 of the Official Code of Georgia Annotated, relating to the cancellation or nonrenewal of certain property insurance policies, so as to provide the reasons for which an insurer may cancel a residential real property policy.
The Senate Committee on Insurance and Labor offered the following amendment:
Amend SB 230 by adding on line 26 of page 1 after the word "fraud" and before the word "or" the following:
", concealment of material fact".
"or".By striking the word "a--n--d" on line 8 of page 2 and inserting in lieu thereof the word

On the adoption of the amendment, the yeas were 40, nays 0, and the amendment was adopted.

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

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

Those voting in the affirmative were Senators:

Abernathy Alien Balfour Baugh Boshears Bowen Broun of 46th Brown of 26th

Burton Cheeks Clay Coleman Crotts Dawkins Day Dean

Edge Egan Farrow Gillis Glanton Gochenour Harbison Hemmer

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Hill Hooks Huggins Isakson Kemp Langford of 35th Langford of 29th Madden Marable

Middleton Newbill Oliver Parrish Perdue Pollard Ragan of 32nd Ralston Ray

Robinson Scott Slotin Starr Taylor Thomas Thompson Turner Tysinger

Those not voting were Senators:

Blitch Garner

Henson Ragan of llth

Walker

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

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

Senator Newbill of the 56th moved that the following bill of the Senate, having been read the third time on February 18, 1993, and placed on the Table, be taken from the Table:

SB 41. By Senators Newbill of the 56th, Clay of the 37th, Glanton of the 34th and others:
A bill to amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions regarding torts, so as to provide for immunity from liability for certain persons who voluntarily and without the expectation or re ceipt of compensation provide certain services for and at the request and sanc tion of a public school upon public school property or at a public school spon sored function.

On the motion, the yeas were 31, nays 0; the motion prevailed, and SB 41 was taken from the Table and placed at the bottom of the Senate Rules Calendar today.

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

SB 271. By Senators Gillis of the 20th, Oliver of the 42nd and Hill of the 4th:
A bill to amend Chapter 13 of Title 45 of the Official Code of Georgia Annotated, relating to the Secretary of State, so as to provide for a Georgia Historical Records Advisory Board; to provide for duties and responsibilities; to provide for membership and composition; to provide for filling vacancies; to provide for meetings; to provide authority to accept and use gifts, grants, and donations; to provide authority to make grants.

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

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

Those voting in the affirmative were Senators:

Abernathy Alien Balfour Baugh Blitch

Boshears Bowen Broun of 46th Brown of 26th Burton

Cheeks Clay Coleman Crotts Dawkins

WEDNESDAY, FEBRUARY 24, 1993

713

Dean Egan Farrow Garner Gillis Glanton Gochenour Harbison Hemmer
Henson
Hill
Hooks
Huggins

Isakson Kemp Langford of 35th Langford of 29th Madden Marable Middleton Newbill Oliver
Parrish
Perdue
Pollard
Ragan of llth

Ragan of 32nd Ralston Ray Robinson Slotin g. ^, laylor Thomas
Thompson
Turner
Tysinger
Walker

Those not voting were Senators:

Day

Edge

Scott

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

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

Senator Dawkins of the 45th moved that the following bill of the Senate, having been read the third time on February 19, 1993, and placed on the Table, be taken from the Table:

SB 188. By Senators Dawkins of the 45th, Robinson of the 16th, 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 by the Office of Planning and Budget, so as to require the Office of Planning and Budget to prepare an annual continuation budget report; to provide for submis sion of such report to the Continuation Subcommittees of the House and Senate Appropriations Committees; to provide for contents of such report.

On the motion, the yeas were 45, nays 0; the motion prevailed, and SB 188 was taken from the Table and placed at the bottom of the Senate Rules Calendar for today.

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

SB 222. By Senators Robinson of the 16th, Marable of the 52nd, Hill of the 4th and others:
A bill to amend Article 7 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to the sale or distribution to or possession by minors of ciga rettes, so as to change the definition of "minor"; to change a certain penalty; to increase the size of print for notices regarding illegal sales and change the age on such notices; to restrict locations for vending machines; to restrict locations where free samples may be distributed.

The Senate Committee on Youth, Aging and Human Ecology offered the following sub stitute to SB 222:

A BILL
To be entitled an Act to amend Article 7 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to the sale or distribution to or possession by minors of ciga rettes, so as to change the definition of "minor"; to change a certain penalty; to increase the

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size of print for notices regarding illegal sales and change the age on such notices; to restrict locations for vending machines; to restrict locations where free samples may be distributed; to provide for penalties; to amend Code Section 48-11-4 of the Official Code of Georgia Annotated, relating to licenses to engage in the cigar and cigarette business, so as to require registration of cigarette vending machines; to provide that such registration shall indicate the location of such machines; 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 7 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to the sale or distribution to or possession by minors of cigarettes, is amended in Code Section 16-12-170, relating to definitions, by striking in its entirety paragraph (3) and inserting a new paragraph to read as follows:

"(3) 'Minor' means any person who is under the age of VJ- 18 years."

Section 2. Said article is further amended by striking paragraphs (2) and (3) of subsec tion (a) of Code Section 16-12-171, relating to prohibited acts, and inserting in their places new paragraphs to read as follows:

"(2) The prohibition contained in paragraph (1) of this subsection shall not apply with respect to sale of cigarettes or tobacco related objects by a person when such person has been furnished with proper identification showing that the person to whom the cigarettes or tobacco related objects are sold is W 18 years of age or older.

(3) Any person who violates this subsection shall be guilty of a misdemeanor, provided, however, for a first offcnac the sentence shall be suspended."

Section 3. Said article is further amended by striking subsection (a) of Code Section 1612-172, relating to signs in businesses selling cigarettes, and inserting in its place a new subsection to read as follows:

"(a) Any person owning or operating a place of business in which cigarettes or tobacco related objects are sold or offered for sale shall post in a conspicuous place a sign which shall contain the following statement:

'SALE OF CIGARETTES, TOBACCO, TOBACCO PRODUCTS, OR TOBACCO RE LATED OBJECTS TO PERSONS UNDER W 18 YEARS OF AGE IS PROHIBITED BY LAW.'

Such sign shall be printed in letters of at least one-half inch two inches in height."

Section 4. Said article is further amended by striking in its entirety subsection (a) of Code Section 16-12-173, relating to sales from vending machines, and inserting in its place a new subsection and by adding a new subsection, to be designated subsection (e), so that subsections (a) and (e) read as follows:

"(a) Any person who maintains in such person's place of business a vending machine which dispenses cigarettes or tobacco related objects shall place or cause to be placed in a conspicuous place on such vending machine a sign containing the following statement:

'THE PURCHASE OF CIGARETTES OR TOBACCO RELATED OBJECTS FROM

THIS VENDING MACHINE BY ANY PERSON UNDER W 18 YEARS OF AGE IS PRO

HIBITED BY LAW.'"

~

"(e) (1) The sale or offering for sale of cigarettes or tobacco related objects from vend ing machines shall not be permitted except:

(A) In locations which are not readily accessible to minors, including but not limited to:

(i) Factories, businesses, offices, and other places which are not open to the general public;

(ii) Places open to the general public which do not admit minors; and

(iii) Places where alcoholic beverages are offered for sale;

WEDNESDAY, FEBRUARY 24, 1993

715

(B) In areas which are in the immediate vicinity, plain view, and control of an employee who will observe and control purchase of cigarettes and tobacco related objects from the vending machine; and
(C) In rest areas adjacent to roads and highways of the state.
(2) Violation of this subsection shall be punished as provided in subsection (b) of this Code section for violation of subsection (a) of this Code section."
Section 5. Said article is further amended by adding a new Code section, to be desig nated Code Section 16-12-174, to read as follows:
"16-12-174. (a) No person shall distribute tobacco product samples on any public street, sidewalk, or park within 750 feet of any school or playground when those facilities are being used primarily by persons under the age of 18 years.
(b) Distribution of free cigarettes and tobacco related products is not prohibited in the following areas:
(1) Tobacco stores;
(2) Conferences or conventions planned and designed for adults; and
(3) Areas to which minors are denied admission.
(c) Violation of subsection (a) of this Code section shall be punished as a misdemeanor."
Section 6. Code Section 48-11-4 of the Official Code of Georgia Annotated, relating to licenses to engage in the cigar and cigarette business, is amended by striking in its entirety subsection (d) and inserting in its place a new subsection to read as follows:
"(d) The commissioner may make rules and regulations governing the sale of cigars and cigarettes in vending machines. The commissioner may shall require annually a special re gistration 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. The annual registration shall indicate the location of the vending 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 contained in the machine bear the tax stamp required under this chapter."
Section 7. 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:

Abernathy Alien Balfour Baugh Blitch Boshears Bowen Broun of 46th Brown of 26th Burton

Cheeks Clay Coleman Crotts Day Dean Edge Egan Farrow Garner

Gillis Glanton Gochenour Harbison Hemmer Henson Hill Hooks Huggins Isakson

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JOURNAL OF THE SENATE

Kemp Langford of 35th Langford of 29th
^MMaaiddraddb,leel.neton Newbill Oliver Parrish

Perdue Pollard Ragan of llth
RR,,aaglfs.atnonof 32nd Ray Robinson Scott

Slotin Starr Taylor
TT_,hhoommpasson Turner Tysinger Walker

Not voting was Senator Dawkins.

On the passage of the bill, the yeas were 55, nays 0.

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

Senator Ray of the 19th introduced Mr. Thomas W. Beacham, Chairman of Georgia Youth Art Month, which was honored by SR 157, adopted previously.

Senator Newbill of the 56th introduced Ms. Cindy Lowe, Principal of Pinckneyville Middle School, which was commended by SR 56, adopted previously.

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

SB 105. By Senators Scott of the 36th, Henson of the 55th, Thomas of the 10th, Oliver of the 42nd and Parrish of the 43rd:
A bill to amend Chapter 4 of Title 7 of the Official Code of Georgia Annotated, relating to interest and usury, so as to provide a short title; to provide for legisla tive intent; to provide certain definitions; to provide for certain permitted charges in connection with nonpurchase money loans secured by security deeds or other security instruments on residential real estate; to provide for the allowa ble rate of interest to be charged for such loans.

The Senate Committee on Banking and Financial Institutions offered the following sub stitute to SB 105:

A BILL
To be entitled an Act to amend Chapter 4 of Title 7 of the Official Code of Georgia Annotated, relating to interest and usury, so as to provide a short title; to provide for legis lative intent; to provide certain definitions; to provide for certain permitted charges in con nection with nonpurchase money loans secured by security deeds or other security instru ments on residential real estate; to provide for the allowable rate of interest to be charged for such loans; to provide prepayment, renewal, and refinancing of such loans; to provide for insurance and premiums for such insurance in connection with such loans; to provide for closing statements; to provide forfeitures and penalties for violations; to provide for civil actions with respect to violations; to provide for a statute of limitations; to prohibit a waiver of certain provisions; to provide for statutory construction; to provide for other matters rela tive to the foregoing; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.

WEDNESDAY, FEBRUARY 24, 1993

717

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 4 of Title 7 of the Official Code of Georgia Annotated, relating to interest and usury, is amended by striking Article 2, which reads as follows:
"ARTICLE 2
7-4-30 through 7-4-36. Reserved.",
and inserting in its place a new Article 2 to read as follows:
"ARTICLE 2
7-4-30. This article shall be known and may be cited as the 'Georgia Residential Secur ity Deed Act.'
7-4-31. It is found and declared that, since the repeal of the former Secondary Security Deed Act, there has been a trend in the State of Georgia among certain persons to make nonpurchase money loans having unconscionable fees and interest rates secured by security instruments on residential real property with substantial equity. The General Assembly finds and declares that the making of such loans and the charging of unconscionable fees and interest rates undermines home ownership, results in an increase in foreclosures and consumer bankruptcies, and is contrary to the public policy of this state. It is the purpose of this article to assure that Georgians are not charged rates of interest or fees in excess of certain maximum rates, to provide forfeitures and penalties to those who exceed those rates, and to otherwise provide protection to the homeowners of the State of Georgia. To those ends, the General Assembly finds that it is necessary and appropriate to establish a flexible maximum rate of interest for real estate loans and further finds that such a flexible maxi mum rate should bear some relationship to the lender's actual cost of money that it lends to its customers. The General Assembly finds that the appropriate basis on which such a maxi mum rate of interest should be established is the prime rate as now published by the board of governors of the Federal Reserve System in the monthly Federal Reserve Bulletin.
7-4-32. As used in this article, the term:
(1) 'Actuarial method' means the method of computing interest explained in 12 C.F.R. Section 226.22, Appendix J and under which payment on a debt is first applied to the accu mulated interest and the balance is applied to the unpaid principal amount of the indebtedness.
(2) 'Borrower' means a person securing a loan subject to this article and includes any legal successor to the borrower's rights or obligations.
(3) 'Holder' means any person, association, corporation, partnership, or other legal en tity other than the lender which is entitled as a creditor to enforce and receive the benefits of a loan subject to this article.
(4) 'Interest' means the charge for the use of money, other than rate of charge, com puted over the term of the loan at a stated rate computed by the actuarial method.
(5) 'Lender' means any person, association, corporation, partnership, or other legal en tity making a loan subject to this article, except for:
(A) Any lender which is authorized under Georgia or federal law to operate as a bank, trust company, savings and loan association, credit union, credit card bank, or building and loan association;
(B) Any local, state, or federal government or agency providing loans under specific authority of the laws of the local government, the State of Georgia, or the United States; and
(C) Any person or entity involved on an annual basis in less than six loans which would otherwise be subject to this article.
(6) 'Loan subject to this article' means a fixed rate or adjustable rate nonpurchase

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JOURNAL OF THE SENATE

money loan secured in whole or in part by a security deed, mortgage, or other security in strument on residential real estate.
(7) 'Nonpurchase money loan' means a loan for which proceeds are not used to acquire title to secured real estate or to construct new housing thereon. Construction of new housing does not include rehabilitation of, renovation of, or adding to existing housing.
(8) 'Principal amount of the loan' means the total amount of money advanced to the borrower, the existing indebtedness of the borrower paid by the lender on the borrower's behalf, and the total amount of money paid or advanced to pay by the lender on the bor rower's behalf to others for insurance premiums, closing costs, and other loan expenses as permitted in subsections (g) and (h) of Code Section 7-4-33.
(9) 'Rate of charge' means any charge or fee incurred or paid by the borrower or charged, contracted for, received, or reserved by the lender, whether or not paid on behalf of the borrower by the lender, in whole or in any part to others for any type of compensation, consideration, or expense, or for any purpose whatsoever, arising in respect to the loan, except as specifically allowed by subsections (a), (e), (g), and (h) of Code Section 7-4-33. Such charges may be called any name whatsoever and may include, but not be limited to, placement or discount fees, brokerage fees, and prepaid finance charges.
(10) 'Residential real estate' means real property improved by the construction thereon of housing with four or less dwelling units.
7-4-33. (a) (1) For a loan subject to this article, no lender shall directly or indirectly charge, contract to charge, receive from, or reserve from the borrower at any time during the term of the loan a rate of interest which is greater than the interest rate allowed under this subsection. For a fixed rate loan subject to this article, the interest rate for the entire term of the loan shall be determined at the time the loan is closed. For an adjustable rate loan subject to this article, the initial interest rate shall be determined at the time the loan is closed and may be adjusted thereafter in accordance with the provisions of the loan agree ment, not to exceed the allowable interest rate in effect on the date the loan was closed. The interest shall be charged under the actuarial method and applied to the principal amount of the loan.
(2) On or before the first business day of each calendar quarter, the commissioner of banking and finance shall determine and publish the allowable interest rate for the quarter in accordance with this paragraph. The commissioner shall ascertain the prime rate as pro vided in the current issue of the Federal Reserve Bulletin, published by the board of gover nors of the Federal Reserve System. The commissioner shall then set the allowable interest rate for the quarter 11 percentage points above such prime rate.
(b) No lender shall directly or indirectly, in conjunction with a loan broker or otherwise, charge, contract to charge, receive, or reserve a rate of charge which is greater than 5 per cent of the principal amount of the loan or $2,000.00, whichever is lower, provided that, where the principal amount is $5,000.00 or less, the rate of charge may exceed 5 percent but shall not be greater than $250.00.
(c) No application fee may be allowed whether or not the loan is consummated; pro vided, however, that the borrower may be required to reimburse the lender for reasonable and good faith expenses incurred after acceptance and approval of a loan proposal made in accordance with the provisions of this article which is not consummated because of:
(1) The borrower's willful failure to close said loan; or
(2) The borrower's false or fraudulent representation of a material fact which prevents closing of the loan as proposed.
(d) A scheduled payment more than twice as large as the average of earlier scheduled payments shall be allowed only under the following circumstances:
(1) The higher payment was scheduled to accommodate the seasonal or irregular in come or obligations of the borrower; or

WEDNESDAY, FEBRUARY 24, 1993

719

(2) The lender does not unreasonably refuse to refinance the higher payment at the time it is due, pursuant to the requirements of this article. A refusal to refinance is reasona ble only when the borrower's ability to repay has changed materially from the time the initial loan was extended and a substantial likelihood exists that the borrower would not be able to repay the refinanced loan.
(e) A delinquent or late charge not exceeding 5 percent of the monthly payment, or for $25.00, whichever is less, may be charged on any installment made 15 or more days after the regularly scheduled due date, said charge to be made only once on any given installment during the term of the loan.
(f) There shall be no prepayment penalties. In the event that a loan covered by this article is paid off, prepaid, accelerated, renewed, or refinanced, the lender shall rebate unaccrued interest. The lender shall further rebate any portions of interest or rate of charge required to comply with Code Section 7-4-18. Accrued interest shall be computed by the actuarial method.
(g) Evidence of hazard insurance may be required by the lender of the borrower. De creasing term life insurance, in an amount not exceeding the sum of the monthly install ment payments under the loan and for a period not exceeding the term of the loan, and accident and health insurance, in an amount sufficient to make the monthly payments due on said loan in the event of disability of the borrower and for a period not exceeding the life of said loan, may also be offered but not required by the lender. To the extent that the Commissioner of Insurance shall have approved a standard rate for any such insurance, the premium charge for such insurance by the lender to the borrower shall not exceed such approved standard rate. Proof of all insurance issued in connection with loans subject to this article shall be furnished to the borrower within ten days from the date of application therefor by said borrower by a certificate from the carrier.
(h) Regardless of whether the loan has been accepted and approved, the lender may require the borrower to reimburse the lender for reasonable and good faith amounts paid by the lender to a third party to search and validate title, to search and validate credit, to appraise property, and to prepare and record instruments, provided that such amounts do not exceed $300.00.
7-4-34. Any lender making on its own behalf, or any agent, broker, or other representa tive making a loan covered by this article on behalf of a lender, whether lawfully or unlaw fully, at the time of the closing shall furnish the borrower or grantor in the security deed, mortgage, deed of trust, or any other security instrument a complete and itemized closing statement which shall show in detail all costs which are defined as interest, rate of charge, insurance premiums, or loan expenses and the disposition of the principal of the loan. The closing statement shall be signed by the lender or a representative of the lender, or a re sponsible officer on its behalf, and a completed and signed additional copy shall be retained in the files of the lender involved and be available at all reasonable times to the borrower, the borrower's successor in interest to the secured real property, or the authorized agent of the borrower or the borrower's successor in interest, until such time as the security instru ment shall be satisfied in full.
7-4-35. (a) (1) If any loan subject to the terms of this article is made in violation of the provisions of this article by the contracting for, charging, receiving, or reserving of interest or rate of charge in excess of those expressly allowed by this article, then the lender, as signee, or holder of such loan shall forfeit the amount representing interest, rate of charge, insurance payments, and loan expenses permitted under Code Section 7-4-33 in connection with the loan. In addition, the lender, assignee, or holder shall refund any payments of such forfeited amounts made by the borrower.
(2) If a loan is in violation of any provision of this article other than the violations set forth in paragraph (1) of this subsection, then the lender, assignee, or holder shall forfeit the entire amount of interest so charged or contracted to be charged, received, or reserved. In

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addition, the lender, assignee, or holder shall refund any interest already paid by the borrower.
(3) If a loan in violation of this subsection is the result of a bona fide clerical error notwithstanding the maintenance of procedures reasonably adopted to avoid any such error or results in a de minimis overcharge of $1.00 or less, then there shall be no forfeiture be yond the amount of the overcharge.
(4) If there is a forfeiture under this subsection, then the borrower shall be obligated to repay any amounts not forfeited or refunded in equal amounts under the remaining sched ule of payments.
(b) An action for violation of the terms and provisions of this article may be brought by the borrower at any time while the loan contract is outstanding or within a period of four years after said loan is paid, whether by its original term, by prepayment, either voluntarily or involuntarily, or by renewal or refinancing. The action shall be brought against the cur rent or last holder of the loan, whether lender, assignee, or holder. Any forfeiture claim of the borrower may be used to offset and reduce existing liability under the loan of the bor rower to the lender, assignee, or holder.
(c) Any agreement whereby the borrower waives the benefits of this article or releases any right he or she may have acquired by virtue thereof shall be deemed to be against public policy and void.
7-4-36. Nothing contained in this article shall be construed so as to amend, modify, supersede, or repeal Chapter 3 of this title, paragraph (2) of subsection (a) of Code Section 7-4-2, or Code Section 7-4-18. Any provisions and remedies of this article shall be cumula tive to those contained in such Code sections.
7-4-37. The provisions of Code Section 7-4-21 shall not be applicable to claims brought under this article.
7-4-38. Any lender who violates any provision of this article shall be guilty of a misdemeanor."
Section 2. This Act shall become effective on July 1, 1993, and shall be applicable to loan agreements subject to its provisions which are entered into on and after July 1, 1993.
Section 3. All laws and parts of laws in conflict with this Act are repealed.
Senators Robinson of the 16th, Edge of the 28th, Isakson of the 21st and others offered the following amendment No. 1:
Amend the substitute to SB 105 offered by the Senate Committee on Banking and Fi nancial Institutions by adding between lines 15 and 16 of page 10 the following:
"7-4-38. The provisions of this article shall not apply to any nonpurchase money loan made for commercial purposes where the residential real estate is the primary security; to any nonpurchase money loan in which the principal amount of such loan exceeds the maxi mum loan ceiling of the Federal National Mortgage Association; or to any nonpurchase money loan applied for and made in contemplation of being insured by, eligible for initial or subsequent sale to, and written in conformity with the standard underwriting criteria of any of the following: the United States of America, the State of Georgia or any other state, and any agency, division, or corporate instrumentality of any governmental entity, including without limitation, the Georgia Housing and Finance Authority, the Georgia Development Authority, the Federal National Mortgage Association (FNMA), the Federal Home Loan Mortgage Corporation (FHLMC), the Government National Mortgage Association (GNMA), the United States Department of Housing and Urban Development (HUD), the Federal Housing Administration (FHA), the Department of Veterans Affairs (VA), the Farmers Home Administration (FmHA), and the Federal Land Banks and Production Credit Associations."
By striking "7-4-38." on line 16 of page 10 and inserting in lieu thereof "7-4-39."

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721

On the adoption of the amendment, the yeas were 41, nays 0, and the amendment No. 1 offered by Senators Robinson of the 16th, Edge of the 28th, Isakson of the 21st and others was adopted.
Senators Robinson of the 16th, Edge of the 28th, Isakson of the 21st and others offered the following amendment No. 2:
Amend the substitute to SB 105 offered by the Senate Committee on Banking and Fi nancial Institutions by striking line 32 of page 2 and inserting in lieu thereof the following:
"Reserve System.".
By adding at the end of line 11 of page 4 the following:
"A loan which consists of proceeds both for the acquisition of title to secured real estate and for rehabilitation, renovation, or adding to such real estate is not a nonpurchase money loan for the purposes of this article. A reverse equity mortgage is not a nonpurchase money loan for the purposes of this article. A loan made to refinance moneys originally borrowed for the acquisition of title to secured real estate is a nonpurchase money loan.".
By striking lines 27 and 28 of page 5 and inserting in lieu thereof the following:
"shall ascertain the most current prime rate as".
By striking line 3 of page 6 and inserting in lieu thereof the following:
"of the loan or $3,000.00, whichever is greater, provided".
By adding at the end of line 6 of page 6 the following:
"For the purposes of this subsection, a rate of charge may not include buy-down charges paid in cash or financed which result in a reduction in the rate of interest which actuarily corresponds to or is greater than the amount of such buy-down charges.".
By striking line 5 of page 7 and inserting in lieu thereof the following:
In". "(f) No prepayment penalty shall exceed 2 percent of the principal amount of the loan.
On the adoption of the amendment, the yeas were 42, nays 0, and the amendment No. 2 offered by Senators Robinson of the 16th, Edge of the 28th, Isakson of the 21st and others was adopted.
Senators Robinson of the 16th, Edge of the 28th, Isakson of the 21st and others offered the following amendment No. 3:
Amend the substitute to SB 105 offered by the Senate Committee on Banking and Fi nancial Institutions by striking lines 13 through 19 of page 5 and inserting in lieu thereof the following:
"is closed or on the date of a binding commitment between the lender and the bor rower, executed prior to the date of closing, with regard to such rate. For an adjustable rate loan subject to this article, the initial interest rate shall be determined at the time the loan is closed or on the date of a binding commitment between the lender and borrower, exe cuted prior to the date of closing, with regard to such rate and may be adjusted thereafter in accordance with the provisions of the loan agreement, but not to exceed the interest rate allowed under this subsection. The interest shall be charged".
By striking lines 7 through 10 of page 6 and inserting in lieu thereof the following:
"(c) An application fee may be allowed whether or not the loan is consummated; pro vided, however, that said fee is intended to reimburse the lender for actual and good faith expenses incurred after".

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By striking from line 34 of page 6 and line 1 of page 7 the following:
", or for $25.00, whichever is less,".
By striking lines 32 through 34 of page 7 and lines 1 through 4 of page 8 and inserting in lieu thereof the following:
"accepted and approved, the lender may collect from the borrower such actual, reasona ble, and good faith amounts paid by the lender to a third party to search and validate title, to search and validate credit, and to appraise property; provided, however, with regard to loans which do not exceed $50,000.00, such amounts in the aggregate shall not exceed $650.00."

Senator Crotts of the 17th offered the following amendment:

Amend the amendment No. 3 offered by Senators Robinson of the 16th, Edge of the 28th, Isakson of the 21st to the substitute to SB 105 offered by the Senate Committee on Banking and Financial Institutions by striking lines 3 through 5 of page 2 beginning with the word "provided" on line 3.

On the adoption of the amendment offered by Senator Crotts of the 17th, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Balfour Blitch Boshears Bowen Cheeks Clay Crotts Dawkins

Day Edge Egan Gillis Glanton Gochenour Langford of 29th Madden

Marable Middleton Newbill Perdue Ragan of 32nd Ralston Turner Tysinger

Those voting in the negative were Senators:

Alien Baugh Broun of 46th Brown of 26th Burton CDoelaenman
Farrow
Harbison
Hemmer

Henson Hill Huggins Isakson Kemp LOalinvgefrord of 35th
Parrish
Pollard
Ragan of llth

Ray Robinson Scott aQoitWoui'nn Tay,lor
Thomas
Thompson Walker

Those not voting were Senators:

Abernathy

Garner

Hooks

On the adoption of the amendment, the yeas were 24, nays 29, and the amendment offered by Senator Crotts of the 17th to the amendment No. 3 offered by Senators Robinson of the 16th, Edge of the 28th, Isakson of the 21st and others to the substitute to SB 105 offered by the Senate Committee on Banking and Financial Institutions was lost.

On the adoption of the amendment No. 3 offered by Senators Robinson of the 16th, Edge of the 28th, Isakson of the 21st and others, the yeas were 52, nays 0, and the amend ment was adopted.

WEDNESDAY, FEBRUARY 24, 1993

723

Senator Balfour of the 9th offered the following amendment:

Amend the substitute to SB 105 offered by the Senate Committee on Banking and Fi nancial Institutions by striking line 23 of page 3 and inserting "federal law or the law of any state to operate as a bank,".

Senator Balfour of the 9th asked unanimous consent that his amendment be with drawn; the consent was granted, and the amendment was withdrawn.

Senator Balfour of the 9th offered the following amendment:

Amend the substitute to SB 105 offered by the Senate Committee on Banking and Fi nancial Institutions by inserting after the word "closed." at line 19 of page 5:
"Where the final payment is a balloon payment requiring refinancing under this Article, the refinanced interest rate shall be determined at the time the refinanced loan is closed."

On the adoption of the amendment offered by Senator Balfour of the 9th, the yeas were 40, nays 2, and the amendment was adopted.

On the adoption of the substitute, the yeas were 54, 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:

Abernathy Alien Baugh Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cheeks Clay Coleman Crotts Dawkins Dean

Edge Farrow Gillis Harbison Henson Hill Hooks Isakson Kemp Langford of 35th Marable Newbill Oliver Parrish Perdue

Pollard Ragan of llth Ragan of 32nd Ray Robinson Scott Slotin Starr Taylor Thomas Thompson Turner Tysinger Walker

Those voting in the negative were Senators:

Balfour Day Egan Glanton

Gochenour Hemmer Huggins Langford of 29th

Madden Middleton Ralston

Not voting was Senator Garner.

On the passage of the bill, the yeas were 44, nays 11.

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

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Senator Robinson of the 16th moved that SB 105 be immediately transmitted to the House.
On the motion, the yeas were 48, nays 0; the motion prevailed, and SB 105 was immedi ately transmitted to the House.
Senator Garner of the 30th requested that the following statement be recorded in to day's Journal:
"Re: Senate Bill 105. Dear Mr. Secretary: At the time of the vote on the above-refer enced bill, I had been called off the Senate floor on a local legislative matter, and did not cast a vote. Please let the record show that, had I voted, it would have been in the affirma tive. Thank you."
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House:
HB 557. By Representative Barnes of the 33rd: A bill to amend an Act creating the Cobb-Marietta Coliseum and Exhibit Hall Authority, so as to change the provisions regarding the appointment of members of the authority.
HB 813. By Representative Smith of the 175th: A bill to amend an Act to provide for the Board of Education of Camden County, so as to provide for reapportionment of the education districts.
HB 814. By Representative Smith of the 175th: A bill to amend an Act providing for a new charter for the City of St. Marys, so as to provide for districts for the election of councilmembers.
HB 815. By Representative Smith of the 175th: A bill to amend an Act creating a Board of Commissioners of Camden County, so as to provide for reapportionment of commissioner districts.
HB 817. By Representatives Ray of the 128th and James of the 140th: A bill to reconstitute the Board of Education of Crawford County and provide for its powers, duties, rights, obligations, and liabilities and subject it to certain constitutional and statutory provisions.
HB 818. By Representatives Ray of the 128th and James of the 140th: A bill to amend an Act creating the Board of Commissioners of Roads and Reve nues for Crawford County, so as to reapportion the commissioner districts.
HB 833. By Representatives Brooks of the 103rd, Epps of the 131st, Westmoreland of the 104th and Yates of the 106th: A bill to amend an Act providing for a new charter for the City of Grantville, so as to provide for staggered two-year terms for the mayor and council.

WEDNESDAY, FEBRUARY 24, 1993

725

HB 839. By Representatives Milam of the 130th and Epps of the 131st: A bill to amend an Act creating a new Charter for the City of LaGrange, so as to authorize the expenditure of municipal funds for certain purposes.
HB 840. By Representative Yeargin of the 90th: A bill to amend an Act creating a Board of Commissioners of Oglethorpe County, so as to provide for a vice-chairperson of the Board of Commissioners; to provide for a quorum to conduct meetings.
HB 841. By Representatives Lawson of the 20th, Mills of the 21st and Hughes of the 19th: A bill to amend an Act creating a new charter for the City of Gainesville, so as to provide for the public schools, school district, and Board of Education of the City of Gainesville.
HB 845. By Representatives Greene of the 158th and Skipper of the 137th: A bill to provide for the election of the Board of Education of Marion County and the procedures connected therewith.
HB 846. By Representative Greene of the 158th: A bill to amend an Act entitled "An Act to consolidate the offices of tax receiver and tax collector of Quitman County into the office of the tax commissioner of Quitman County," so as to abolish the present mode of compensating said tax commissioner, known as the fee system.
The House has adopted by the requisite constitutional majority the following resolution of the House:
HR 197. By Representative Ashe of the 46th: A resolution creating the City of Atlanta Charter Review Commission.
The following bills and resolution of the House were read the first time and referred to committee:
HB 557. By Representative Barnes of the 33rd: A bill to amend an Act creating the Cobb-Marietta Coliseum and Exhibit Hall Authority, so as to change the provisions regarding the appointment of members of the authority.
Referred to Committee on Urban and County Affairs.
HB 813. By Representative Smith of the 175th: A bill to amend an Act to provide for the Board of Education of Camden County, so as to provide for reapportionment of the education districts.
Referred to Committee on Urban and County Affairs.
HB 814. By Representative Smith of the 175th: A bill to amend an Act providing for a new charter for the City of St. Marys, so as to provide for districts for the election of councilmembers.
Referred to Committee on Urban and County Affairs.

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JOURNAL OF THE SENATE

HB 815. By Representative Smith of the 175th: A bill to amend an Act creating a Board of Commissioners of Camden County, so as to provide for reapportionment of commissioner districts.
Referred to Committee on Urban and County Affairs.
HB 817. By Representatives Ray of the 128th and James of the 140th: A bill to reconstitute the Board of Education of Crawford County and provide for its powers, duties, rights, obligations, and liabilities and subject it to certain constitutional and statutory provisions.
Referred to Committee on Urban and County Affairs.
HB 818. By Representatives Ray of the 128th and James of the 140th: A bill to amend an Act creating the Board of Commissioners of Roads and Reve nues for Crawford County, so as to reapportion the commissioner districts.
Referred to Committee on Urban and County Affairs.
HB 833. By Representatives Brooks of the 103rd, Epps of the 131st, Westmoreland of the 104th and Yates of the 106th: A bill to amend an Act providing for a new charter for the City of Grantville, so as to provide for staggered two-year terms for the mayor and council.
Referred to Committee on Urban and County Affairs.
HB 839. By Representative Milam of the 130th: A bill to amend an Act creating a new Charter for the City of LaGrange, so as to authorize the expenditure of municipal funds for certain purposes.
Referred to Committee on Urban and County Affairs.
HB 840. By Representative Yeargin of the 90th: A bill to amend' an Act creating a Board of Commissioners of Oglethorpe County, so as to provide for a vice-chairperson of the Board of Commissioners; to provide for a quorum to conduct meetings.
Referred to Committee on Urban and County Affairs.
HB 841. By Representatives Lawson of the 20th, Mills of the 21st and Hughes of the 19th: A bill to amend an Act creating a new charter for the City of Gainesville, so as to provide for the public schools, school district, and Board of Education of the City of Gainesville.
Referred to Committee on Urban and County Affairs.
HB 845. By Representatives Greene of the 158th and Skipper of the 137th: A bill to provide for the election of the Board of Education of Marion County and the procedures connected therewith.
Referred to Committee on Urban and County Affairs.
HB 846. By Representative Greene of the 158th: A bill to amend an Act entitled "An Act to consolidate the offices of tax receiver and tax collector of Quitman County into the office of the tax commissioner of Quitman County," so as to abolish the present mode of compensating said tax commissioner, known as the fee system.
Referred to Committee on Urban and County Affairs.

WEDNESDAY, FEBRUARY 24, 1993

727

HR 197. By Representative Ashe of the 46th:
A resolution creating the City of Atlanta Charter Review Commission. Referred to Committee on Urban and County Affairs.
The President announced that the Senate would stand in recess from 1:20 o'clock P.M. until 2:15 o'clock P.M.
At 2:15 o'clock P.M., the President called the Senate to order.
The following general bills of the Senate, favorably reported by the committees, were read the third time and put upon their passage:
SB 92. By Senators Coleman of the 1st and Thompson of the 33rd:
A bill to amend Code Section 32-6-2 of the Official Code of Georgia Annotated, relating to the authority of the department, counties, and municipalities to regu late parking and remove unattended vehicles from public roads, so as to author ize the Department of Transportation to remove all unattended, abandoned, or distressed motor vehicles from any portion of the state highway system.
The Senate Committee on Transportation offered the following substitute to SB 92:
A BILL
To be entitled an Act to amend Code Section 32-6-2 of the Official Code of Georgia Annotated, relating to the authority of the department, counties, and municipalities to regu late parking and remove unattended vehicles from public roads, so as to authorize the De partment of Transportation to remove all unattended, abandoned, or distressed motor vehi cles from any portion of the state highway system; to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles, so as to provide for additional incidents wherein the Department of Transportation's employees may require the removal of incapac itated vehicles; to authorize the Department of Transportation to immediately remove vehi cles from the state highway system which pose a threat to public health or safety or to mitigate congestion; to authorize the Department of Transportation to remove or have re moved unattended motor vehicles from the state highway system; 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 32-6-2 of the Official Code of Georgia Annotated, relating to the authority of the department, counties, and municipalities to regulate parking and remove unattended vehicles from public roads, is amended by striking paragraph (1) of said Code section in its entirety and inserting in lieu thereof a new paragraph (1) to read as follows:
"(1) The department may regulate and prohibit the parking of any type of vehicle on any public road on the state highway system, including extensions thereof into or through municipalities. Whenever any state or local law enforcement officer or employee of the De partment of Transportation to whom law enforcement authority has been designated pursu ant to Code Section 32-6-29 finds a vehicle parked in violation of law or the department's regulations, such officer or employee is authorized to move such vehicle or require the driver or other person in charge of the vehicle to move the same. If the vehicle is unattended, such officer or employee is authorized to remove or provide for the removal of such vehicle to the nearest garage or other place of safety at the owner's expense. State or local law enforce ment officers and the department are further authorized, with or without the consent of the owner, to remove or have removed any obstruction, cargo, or personal property which is abandoned, unattended, or damaged as a result of a vehicle accident which the department determines to be a threat to public health or safety or to mitigate traffic congestion. Fur ther, the department and its employees and counties and municipal corporations and their employees shall not be liable unless recklessly or grossly negligent for any claims of damages

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for the removal or disposal of any vehicles, cargo, or personal property pursuant to the provisions of this paragraph;"
Section 2. Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles, is amended by striking subsection (g) of Code Section 40-6-275, relating to the duty of em ployees of the Department of Transportation to remove incapacitated vehicles from the ex pressway or multilane highways, in its entirety and inserting in lieu thereof a new subsec tion (g) to read as follows:
"(g) Employees of the Department of Transportation, in the exercise of the manage ment, control, and maintenance of the state highways, may require and assist in the removal from the main traveled way of roads on the state highway system of all vehicles incapaci tated from any cause other than having been involved in a motor vehicle accident? and of all vehicles incapacitated as a result of motor vehicle traffic accidents and of debris caused thereby when such motor vehicle accidents occur with no personal injury, death, or exten sive property damage, where such move can be accomplished safely by the drivers of the vehicles involved or with the assistance of a towing or recovery vehicle and will result in the improved safety or convenience of travel upon the road. However, a vehicle incapacitated as a result of a motor vehicle traffic accident with apparent personal injury, death, or extensive property damage may not be moved until the enforcement officer has made the necessary measurements and diagrams required for the initial accident investigation."
Section 3. Said title is further amended by striking subparagraph (b) of paragraph (1) of Code Section 40-11-1, relating to definitions relative to abandoned motor vehicles, in its entirety and inserting in lieu thereof a new subparagraph (B) to read as follows:
"(B) Which is left unattended on a public street, road, or highway or other public prop erty for a period of at least five days and when it reasonably appears to a law enforcement officer that the individual who left such motor vehicle unattended does not intend to return and remove such motor vehicle. However, on the state highway system, any law enforcement officer or employee of the Department of Transportation to whom enforcement authority has been designated pursuant to Code Section 32-6-29 may authorize the immediate re moval of vehicles posing a threat to public health or safety or to mitigate congestion;"
Section 4. Said title is further amended by striking subsection (b) of Code Section 4011-3, relating to when a peace officer may remove vehicles from public property, in its en tirety and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) Any law enforcement officer or employee of the Department of Transportation to whom law enforcement authority has been designated pursuant to Code Section 32-6-29, who finds a motor vehicle which has been left unattended on the state highway system shall be authorized to cause such motor vehicle to be removed immediately to a garage or other place of safety when such motor vehicle poses a threat to public health or safety or to miti gate congestion. Any peace officer who finds a motor vehicle which has been left unattended on a public street, road, or highway or other public property, other than the state highway system, shall be authorized immediately to cause such motor vehicle to be removed immedi ately to a garage or other place of safety when such motor vehicle poses a threat to public health or safety or to mitigate congestion."
Section 6. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 7. All laws and parts of laws in conflict with this Act are repealed.
Senator Coleman of the 1st offered the following amendment:
Amend the substitute to SB 92 offered by the Senate Committee on Transportation by striking on page 2, line 22, the sentence beginning with "Further", and lines 23 through 27 in their entirety.

WEDNESDAY, FEBRUARY 24, 1993

729

On the adoption of the amendment, the yeas were 40, nays 0, and the amendment was adopted.

On the adoption of the substitute, the yeas were 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.

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 Balfour Baugh Blitch Boshears

Egan Farrow Garner Gillis Gochenour

nBrown o,f o26^th Burton CClhaeyeks Coleman
Crotts Dawkins Day Dean Edge

Henson Hill HIsoakoskos n Kemp
Langford of 29th Madden Marable Middleton Newbill

Oliver Parrish Perdue Pollard Ragan of nth
RRaguan of 32nd
,, Rob.inson Starr
Taylor Thomas Thompson Turner Tysinger

Those not voting were Senators:

Abernathy Broun of 46th Glanton

Hemmer Huggins Langford of 35th

Scott Slotin Walker

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

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

SB 137. By Senators Henson of the 55th, Walker of the 22nd and Thomas of the 10th:
A bill to amend Chapter 10A of Title 43 of the Official Code of Georgia Anno tated, relating to professional counseling, social work, and marriage and family therapy, so as to change the provisions relating to legislative purpose; to change the provisions relating to definitions; to change the provisions relating to the li censing requirements and exceptions thereto; to change the provisions relating to legislative construction.

The Senate Committee on Health and Human Services offered the following substitute to SB 137:

A BILL
To be entitled an Act to amend Chapter 10A of Title 43 of the Official Code of Georgia Annotated, relating to professional counseling, social work, and marriage and family ther apy, so as to change the provisions relating to legislative purpose; to change the provisions relating to definitions; to change the provisions relating to the licensing requirements and

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JOURNAL OF THE SENATE

exceptions thereto; to change the provisions relating to licensing requirements for profes sional counseling and social work; to change the provisions relating to disciplinary actions; to change the provisions relating to the use of certain titles by business entities; to change the provisions relating to legislative construction; to provide an effective date; to repeal con flicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 10A of Title 43 of the Official Code of Georgia Annotated, relating to professional counseling, social work, and marriage and family therapy, is amended by strik ing Code Section 43-10A-2, relating to legislative purpose, and inserting in its place the following Code section:
"43-10A-2. It is declared to be the purpose of the General Assembly that the activities of certain persons who utilize certain titles relating to or who practice professional counsel ing, social work, and marriage and family therapy be regulated to ensure the protection of the health, safety, and welfare of the people of this state."
Section 2. Said chapter is further amended by striking Code Section 43-10A-3, relating to definitions, and inserting in its place the following Code section:
"43-10A-3. As used in this chapter, the term:
(1) 'Advertise' means, but is not limited to, the issuing of or causing to be distributed any card, sign, or other device or the causing or permitting any sign or marking on or in any building or structure, or in any newspaper, magazine, or director, or on radio or television.
(2) 'Allied profession' means the practice of medicine, psychiatric nursing, psychology, or pastoral counseling.
(3) 'Board' means the Georgia Composite Board of Professional Counselors, Social Workers, and Marriage and Family Therapists established by this chapter.
(4) 'Counseling techniques' means those techniques used to help persons learn how to solve problems and make decisions related to personal growth, vocation, family, social, and other interpersonal concerns.
(5) 'Direction' means the ongoing administrative overseeing by an employer or superior of a specialty practitioner's work. The person providing direction shall be responsible for assuring the quality of the services rendered by that practitioner and shall ensure that qual ified supervision or intervention occurs in situations which require expertise beyond that of the practitioner. Direction may be provided by any person acceptable to the standards com mittee for that specialty in which the practitioner is working.
(6) 'Fee' means money or anything of value, including but not limited to a salary, of fered or received as compensation in return for rendering services in any specialty.
(7) 'Joint-secretary' means the joint-secretary of the state examining boards. The jointsecretary shall serve as secretary to the board.
(8) 'Marriage and family therapy' means that specialty which centers primarily upon family relationships and the relationship between husband and wife and which evaluates and treats emotional and mental problems and conditions, whether cognitive, affective, or behavioral, resolves intrapersonal and interpersonal conflicts, and changes perception, atti tudes, and behavior; all within the context of marital and family systems. Marriage and family therapy includes, without being limited to, premarital, marital, individual, group, couple, sexual, family, prcdivorce, and postdivorce issues divorce therapy. :Fhi9-thcrapy alae Marriage and family therapy involves an applied understanding of the dynamics of marital and family systems, along "with including individual psychodynamics, the use of assessment instruments that evaluate marital and family functioning, and the application use of payehethcrapcutie psychotherapy and counseling techniques foT"thc purpose of resolving intrapersenal andlrTtci-pcfsonal conflict and changing perception, attitudes, and behavior in the area of marriage and family life.

WEDNESDAY, FEBRUARY 24, 1993

731

(9) 'Practice a specialty' or 'practice' means to offer to render for a fee or to render for a fee any service involving the application of principles, methods, or procedures of profes sional counseling, social work, or marriage and family therapy.
(10) 'Private practice' means practice of a specialty other than in a public or nonprofit agency or entity.
4H) (10) 'Professional counseling' means that specialty which utilizes counseling tech niques based on principles, methods, and procedures of counseling that assist people in identifying and resolving personal, social, vocational, intrapersonal and interpersonal con cerns; utilizes counseling and psychotherapy to evaluate and treat emotional and mental problems and conditions, whether cognitive, behavioral, or affective; administers and inter prets educational and vocational assessment instruments and other tests which the profes sional counselor is qualified to employ by virtue of education, training, and experience; utilizes information and community resources for personal, social, or vocational development; utilizes individual and group techniques for facilitating problem solving, decision making, and behavior change; utilizes functional assessment; and vocational planning and guidance for persons requesting assistance in adjustment to a disability or handicapping condition; utilizes referral, oupcrvision, or direction for persons who request counseling ser vices; and utilizes methods for designing, conducting, and interpreting and interprets coun seling research, consultation, or both.
412) (11) 'Psychotherapeutic techniques' means those specific counseling techniques in volving the in-depth exploration and treatment of interpersonal and intrapersonal dynamics but shall not include the performance of those activities exclusively reserved to any other business or profession by any other chapter of this title.
413) (12) 'Recognized educational institution' means any educational institution which grants a bachelor's, master's, specialist, or doctoral degree and which is recognized by the Council on Postsecondary Accreditation.
414) (13) 'Social work' means that specialty which helps individuals, marriages, families, couples, groups, or communities to enhance or restore their capacity for social functioning: by assisting in the obtaining or improving of tangible social and health services; by providing psychosocial evaluations, in-depth analyses and determinations of the nature and status of emotional, cognitive, mental, behavioral, and interpersonal problems or conditions; and by counseling and psychotherapeutic techniques, casework, social work advocacy, psycho therapy, and treatment in a variety of settings which include but are not limited to mental and physical health facilities, child and family service agencies, or private practice.
14 'Specialty' means social work, marriage and family therapy, or professional counseling, or any combination thereof.
4K) (15) 'Supervision' means the direct clinical review, for the purpose of training or teaching, by a supervisor of a specialty practitioner's interaction with a client. It may in clude, without being limited to, the review of case presentations, audio tapes, video tapes, and direct observation in order to promote the development of the practitioner's clinical skills.
(16) 'Supervisor' means a person who meets the requirements established by the standards committee for that specialty which is being supervised and who is either licensed under this chapter or is a psychiatrist or a psychologist.
41S) (17) 'The Commission on Accreditation for Marriage and Family Therapy Educa tion' means the national accrediting agency for marriage and family therapy education as recognized by the United States Department of Education.
419) (18) 'The Council on Social Work Education' means the national accrediting agency for social work education as recognized by the United States Department of Educa tion and National Commiaaion on Accrediting the Council on Postsecondary Accreditation."

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Section 3. Said chapter is further amended by striking Code Section 43-10A-7, relating to exceptions to licensing requirements, and inserting in its place the following Code section:
"43-10A-7. (a) Except as otherwise provided in this chapter, a person who is not li censed under this chapter shall not advertise that such person is so licensed practice profes sional counseling, social work, or marriage and family therapy, nor advertise the perform ance of such practice, nor use the title 'professional counselor,' 'social worker,' or 'marriage and family therapist,' nor use any words, letters, titles, or figures indicating or implying that the person is a professional counselor, social worker, or marriage and family therapist or is licensed under this chapter.
(b) The prohibition of subsection (a) of this Code section shall not apply to the follow ing persons:
(1) Persona engaged in the practice of any specialty prior to July 1, 1086, but the prohi bition of subsection (a) of this Code acction ahall apply to auch pcraona on and after July 1,
i nor?
A JU I ,
(3) (1) Persons licensed to practice medicine or psychology under Chapter 34 or 39, respectively, of this title;
{3} (2) Persons engaged in the practice of a specialty as an employee of any agency or department of the federal government or any licensed hospital or long-term care facility, but only when engaged in that practice as an employee of such agency, department, hospital, or facility;
(4) (3) (A) Persons who, prior to July 1, 1087 1997, engaged in the practice of a spe cialty as an employee of any agency or department of the state or any of its political subdi visions, but only when engaged in that practice as an employee of such an agency or department;
(B) Persons who engage in the practice of social work as employees of any agency or department of the state or any of its political subdivisions, but only when engaged in that practice as employees of such agency or department, and persons or entities which contract to provide social work services with any agency or department of the state or any of its political subdivisions, but such contracting persons and entities shall only be exempt under this subparagraph when engaged in providing social work services pursuant to those con tracts and shall only be exempt until January 1, 1996; and
(C) Persons who engage in the practice of professional counseling as employees of the Department of Corrections, Department of Human Resources, any county board of health, or any community service board or similar entity created by general law to provide services to persons with disabilities, as defined in Chapter 2 of Title 37, but only when engaged in that practice as employees of such department, board, or entity and persons or entities which contract to provide professional counseling services with such department or board of health, but such contracting persons and entities shall only be exempt under this subpara graph when engaged in providing professional counseling services pursuant to those con tracts and shall only be exempt until January 1, 1996; and
{&} (4) Students of a recognized educational institution who are preparing to become practitioners of a specialty, but only if the services they render as such practitioners are under supervision and direction and their student status is clearly designated by the title 'trainee' or 'intern';
(5) Persons who have obtained a master's degree from a program accredited by the Council on Social Work Education and who are practicing social work under direction and supervision while preparing to take the master's social work licensing examination, but only for a period of up to one year following the granting of such degree;
(6) Persons who have obtained one of the graduate degrees required for licensure as a professional counselor or marriage and family therapist and who are practicing such spe cialty under supervision and direction in order to obtain the experience required for licensure;

WEDNESDAY, FEBRUARY 24, 1993

733

(6) Primary (7) Elementary, middle, or secondary school counselors and school social workers certified certificated as school social workers such by the Department of Education, Professional Standards Commission, or its successor agency but only in the course of such" employment when practicing within the scope of such certification and only when desig nated by the title 'school counselor,' 'school social worker,' or a title designated by the school system in which they are employed for persons practicing within such certification;
(8) Persons registered as rehabilitation suppliers by the Georgia Board of Workers' Compensation, but only when practicing rehabilitation counseling as a designated principle rehabilitation supplier and only so long as they do not use any titles other than titles describing the certifications or licenses they are required to hold under Code Section 34-920011
f?) (9) Active members of the clergy but only when the practice of their specialty is in the course" of their service as clergy;
48} (10) Members of religious ministries responsible to their established ecclesiastical authority who possess a master's degree or its equivalent in theological studies;
{9} (11) Persons engaged in the practice of a specialty in accordance with Biblical doc trine in public or nonprofit agencies or entities or in private practice;
(12) Persons engaged in the practice of a specialty as an employee of the Depart ment of Family and Children Services but only when engaged in such practice as an em ployee of that department; and
(13) Persons who have obtained a master's degree from a program accredited by the Council on Social Work Education and who are engaged in the practice of community or ganization, policy, planning, research, or administration may use the title 'social worker' and may only engage in such practice; and
(14) Persons who have obtained a bachelor's degree in social work from a achool program accredited by the Council on Social Work Education may use the title 'social worker' and may practice social work, but they may not practice autonomously and may only practice under direction and supervision, and, notwithstanding the definitions in para graph (15) and (16) of this Code section, such supervision shall be provided by a social worker who, as a minimum, has been awarded a bachelor's or a master's degree in social work from a program accredited by the Council on Social Work Education and who has completed at least two years of post-degree practice in the field of social work.
(c) Unless exempt under paragraph (1), (2), (3), (7), (0), or (4), (5), (6), (11), (13), or (14) of subsection (b) of this Code section, a person who is not licensed under this chapter shall not practice a specialty for any corporation, partnership, association, or other business entity which uses in its corporate, partnership, association, or business name any words, letters, titles, or figures indicating or implying that such entity or any of its employees, officers, or agents are practicing a specialty.
(d) Notwithstanding any other provision of law to the contrary, a person who is exempt from licensure pursuant to paragraph ?} (9) of subsection (b) of this Code section may be authorized by the board to serve as a supervisor as defined in paragraph {15} (16) of Code Section 43-10A-3 without being licensed if such person meets all the requirements to be licensed and to serve as a supervisor in the specialty for which such person would serve as a supervisor and has filed the necessary documentation with and been approved by the stan dards committee of that specialty as required by the rules of the board.
(e) Nothing in this chapter shall be construed to prohibit the licensed practice of nurs ing or the performance of duties by any other persons acting under the direct supervision of a licensed physician, provided that such persons shall not use any titles indicating or imply ing that they are licensed under this chapter.''
Section 4. Said chapter is further amended by striking Code Section 43-10A-11, relating

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JOURNAL OF THE SENATE

to licensing requirements for professional counseling, and inserting in its place the following Code section:
"43-10A-11. (a) The education, experience, and training requirements for licensure in professional counseling are as follows:
(1) A doctoral degree from a recognized educational institution in a program that is primarily counseling in content and requires at least one year of supervised internship in a work setting acceptable to the board; or
(2) A specialist degree from a recognized educational institution in a program that is primarily counseling in content with supervised internship or practicum and two years of post-master's directed experience with at least one of those two years under supervision in a setting acceptable to the board; or
(3) A master's degree from a recognized educational institution in a program that is primarily counseling in content with supervised internship or practicum and four years of post-master's directed experience with at least one of thoac four years under supervision in a setting acceptable to the board. Up to one year of such directed experience may have been in an approved practicum placement as part of the degree program.
(b) For purposes of subsection (a) of this Code section, work settings acceptable to the board may include, but are not limited to, educational, rehabilitation, career development, mental health, community, or industrial organizations."
Section 5. Said chapter is further amended by striking Code Section 43-10A-12, relating to licensing requirements for social work, and inserting in its place the following Code section:
"43-10A-12. (a) The education, experience, and training requirements for licensure in social work are as follows:
(1) For licensure as a master's social worker, a master's degree in social work from a seheel program accredited by the Council on Social Work Education; and
(2) For licensure as a clinical social worker:
(A) A master's degree in social work from a school program accredited by the Council on Social Work Education; and
(B) As defined by the board, feat three years' full-time supervised experience direction in the practice of social work following granting of the master's degree, except that one year of such experience may have been in an approved praetieum placement ao part of a degree program. Of the three years of supervised experience, only the first two must be under direction. A doctoral degree in a specialty, an allied profession, or child and family development may substitute for one year of such experience. At least one year of experience shall have occurred within two years immediately preceding application for licensure as a clinical social worke^ or the applicant shall have met the continuing education requirement established by the board for clinical social work during the year immediately preceding application.
(b) Licensed master's social workers may render or offer to render to individuals, mar riages, couples, families, groups, organizations, governmental units, or the general public service which is guided by knowledge of social resources, social systems, and human behav ior. They may provide evaluation, prevention, and intervention services which include but are not restricted to community organization, counseling techniques, and supportive services such as administration, direction, supervision of bachelor's level social workers, consultation, research, or education. The first two years of their practice after licensure as a master's social worker shall be under direction and may only be in a work setting acceptable to the beard and supervision. Thereafter, they may engage in private practice, except that those social workers whose practice includes counseling or psychotherapeutic techniques may only engage in such practice under the supervision of a duly qualified supervisor and only for

WEDNESDAY, FEBRUARY 24, 1993

735

such period of time as is prescribed for qualification to take the clinical social work licensing examination.

(c) Licensed clinical social workers may practice all authorized services of licensed master's social workers and may: provide supervision; and direction; ; provide psychosocial evaluations, evaluation through data collection and analyses to determine the" nature of an individual's mental, cognitive, emotional, behavioral, and interpersonal problems or condi tions; provide counseling? and psyehothcrapcutic services psychotherapy to individuals, mar riages, couples, families, and groups;-may; interpret the psychosocial dynamics of a situation and recommend and implement a course of action to individuals, marriages, couples, families, or groups in such settings as private practice, family service "and counseling agencies, health care facilities, and schools;; and may provide direct evaluation, casework, social work advocacy, education, training, prevention, and intervention services in situations threatened or affected by social, and intrapersonal, or interpersonal stress or health impairment."

Section 6. Said chapter is further amended by striking paragraph (6) of subsection (a) of Code Section 43-10A-17, relating to disciplinary actions, and inserting in its place the following paragraph:

"(6) Engaged in any unprofessional, immoral, unethical, deceptive, or deleterious con duct or practice harmful to the public, which conduct or practice materially affects the fit ness of the licensee or applicant to practice the specialty; or is of a nature likely to jeopard ize the interest of the public, which conduct or practice need not have resulted in actual injury to any person or be directly related to the practice of the specialty but shows that the licensee or applicant has committed any act or omission which is indicative of bad moral character or untrustworthiness; unprofessional conduct shall also include any departure from, or the failure to conform to, the minimal standards of acceptable and prevailing prac tice of the specialty, as well as the practice of any professional activity which the licensee or applicant is not qualified to perform by virtue of not having acquired the requisite profes sional education, training, or experience;".

Section 7. Said chapter is further amended by striking Code Section 43-10A-21, relating to certain uses of titles by business entities, and inserting in its place the following Code section:

"43-10A-21. (a) No corporation, partnership, association, or other business entity may use in its corporate, partnership, association, or business name any term or title restricted under subsection (a) of Code Section 43-10A-7 or the term 'professional counseling,' 'social work,' or 'marriage and family therapy,' or any words, letters, titles, or figures indicating or implying that such entity or any of its employees, officers, or agents are practicing a spe cialty regulated under this chapter, unless each person practicing a specialty in that entity, except those persons exempt under paragraph (1), (2), (0), (7), (0), or (4), (5), (6), (11), (13), or (14) of subsection (b) of Code Section 43-10A-7, is licensed under this chapter.

(b) Any corporation, partnership, association, or other business entity which 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 less than $500.00 nor more than $1,000.00 for

each offense."

~

Section 8. Said chapter is further amended by striking Code Section 43-10A-22, relating to legislative construction, and inserting in its place the following Code section:

"43-10A-22. Nothing in this chapter shall be construed to authorize persons licensed under this chapter to practice nursing, occupational therapy, physical therapy, medicine, or psychology, or recreational therapy, as regulated under Chapters 26, 28, 33, 34, and 39, a3 41; respectively, of this title nor shall anything in this chapter be construed to limit or regulate the practice of those licensed under said Chapters 26, 28, 33, 34, and 39, and 41 of this title, nor shall anything in this chapter be construed to authorize persons licensed under this chapter to perform psychological testing."

Section 9. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

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Section 10. All laws and parts of laws in conflict with this Act are repealed.

Senators Thomas of the 10th and Walker of the 22nd offered the following amendment:

Amend the substitute to SB 137 offered by the Senate Committee on Health and Human Services by striking lines 29 through 34 on page 11 and inserting in lieu thereof the following:
"(e) Nothing in this chapter shall be construed to prohibit the licensed practice of nurs ing or the performance of duties which constitute a standard procedure of the practice of medicine by any person acting under the direct supervision of a licensed medical doctor, provided that such supervised persons are qualified by virtue of their education, training, or experience to perform such duties and that such persons shall not use any titles indicating or implying that they are licensed under this chapter.'"

On the adoption of the amendment, the yeas were 42, nays 4, and the amendment was adopted.

On the adoption of the substitute, the yeas were 46, nays 1, and the substitute was adopted as amended.

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

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

Those voting in the affirmative were Senators:

Abernathy Alien Balfour Baugh Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cheeks Clay Coleman Crotts Dawkins Dean Edge

Farrow Garner Gillis Glanton Gochenour Harbison Hemmer Henson Hill Hooks Huggins Kemp Langford of 29th Madden Marable Middleton Newbill

Oliver Parrish Perdue Pollard Ragan of llth Ragan of 32nd Ralston Ray Robinson Slotin Starr Taylor Thomas Thompson Turner Tysinger Walker

Voting in the negative were Senators Day and Egan.

Those not voting were Senators:

Isakson

Langford of 35th

Scott

On the passage of the bill, the yeas were 51, nays 2.

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

The following general bill of the Senate, having been read the third time on February

WEDNESDAY, FEBRUARY 24, 1993

737

17 and lost, reconsidered on February 18, and placed on the Senate Rules Calendar for today, was put upon its passage:

SB 64. By Senators Clay of the 37th, Newbill of the 56th, Isakson of the 21st and others:
A bill to amend Code Section 50-14-3 of the Official Code of Georgia Annotated, relating to proceedings of state agencies excluded from the requirements of law relating to open and public meetings, so as to provide that all information on the votes taken by the State Board of Pardons and Paroles shall be released for in spection after such voting.

Senators Thompson of the 33rd and Garner of the 30th offered the following amendment:

Amend SB 64 by striking lines 4 through 7 on page 1 and inserting in lieu thereof the following:
"open and public meetings, so as to provide that records relating to votes taken by the State Board of Pardons and Paroles shall be subject to public inspection under the provi sions of Code Section 50-18-70; to provide for related matters; to repeal".
By striking lines 17 through 19 of page 1 and inserting in lieu thereof the following:
"Board of Pardons and Paroles, provided that records relating to votes taken by the State Board of Pardons and Paroles~shall be subject to public inspection under the provi sions of Code Section 50-18-70; and in addition".

On the adoption of the amendment, the yeas were 37, nays 1, and the amendment was adopted.

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

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

Those voting in the affirmative were Senators:

Abernathy Balfour Baugh Boshears Bowen Brown of 26th Burton Cheeks Clay Coleman Crotts Dean Edge Farrow Garner

Gillis Glanton Gochenour Harbison Hemmer Henson Hooks Muggins Isakson Kemp Langford of 29th Marable Middleton Newbill Oliver

Parrish Perdue Pollard Ragan of 32nd Ralston Ray Robinson Scott Slotin Starr Thomas Thompson Turner Tysinger Walker

Those voting in the negative were Senators:

Alien Blitch Broun of 46th

Dawkins Day

Egan Madden

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JOURNAL OF THE SENATE

Those not voting were Senators:

Hill Langford of 35th

Ragan of llth

Taylor

On the passage of the bill, the yeas were 45, nays 7.

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

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

SR 9. By Senators Garner of the 30th, Robinson of the 16th and Dawkins of the 45th:
A resolution requesting development of a multiyear plan to reduce personnel ex pense in state government.

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:

Abernathy Alien Balfour Baugh Blitch Boshears Bowen Broun of 46th Burton Cheeks Clay Coleman Crotts Dawkins Day Dean Edge

Egan Farrow Garner Gillis Glanton Gochenour Harbison Hemmer Hooks Huggins Isakson Kemp Langford of 29th Madden Marable Middleton Newbill

Oliver Parrish Perdue Pollard Ragan of llth Ragan of 32nd Ralston Ray Robinson Scott Slotin Starr Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Brown of 26th Henson

Hill Langford of 35th

Taylor

On the adoption of the resolution, the yeas were 51, nays 0.

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

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

SB 166. By Senators Thompson of the 33rd, Garner of the 30th, Hooks of the 14th and Dean of the 31st:
A bill to amend Article 1 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions relative to ad valorem taxation of prop erty, so as to provide that for purposes of ad valorem taxation, the General As sembly may provide by local law for different rates, methods, or assessment dates

WEDNESDAY, FEBRUARY 24, 1993

739

for certain real and personal property located in certain enterprise zones desig nated by counties and municipal corporations.

Senator Thompson of the 33rd offered the following substitute to SB 166:

A BILL

To be entitled an Act to amend Article 1 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions relative to ad valorem taxation of prop erty, so as to provide that for purposes of ad valorem taxation, the General Assembly may provide by local law for the exemption from ad valorem taxation for all or a portion of certain real and personal property located in certain enterprise zones designated by counties and municipal corporations; to provide that any such law must be approved by the electors; to provide for a referendum; to provide conditions for an effective date and for automatic repeal; 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 5 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions relative to ad valorem taxation of property, is amended by striking in its entirety Code Section 48-5-33 and inserting in lieu thereof the following:

"48-5-33. Reserved. The General Assembly may provide by local law that all or a por tion of the value of real property and tangible personal property located in an enterprise zone as designated by the governing authority of a county or a municipal corporation shall be exempt from county or municipal ad valorem taxation; provided, however, that any such local law shall be conditioned upon ratification by a majority of electors in the affected jurisdiction voting on the question."

Section 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the Secretary of State shall call and conduct a referendum as provided in this section for the purpose of submitting this Act to the electors of the State of Georgia for approval or rejec tion. The Secretary of State shall conduct that election on the date of and in conjunction with the November, 1994, state-wide general election. The Secretary of State 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 each county in the state. The ballot shall have written or printed thereon the words:

"[ ] YES [ ] NO

Shall the Act be approved which authorizes the General Assembly to pro vide by local law that all or part of the value of property located within an enterprise zone designated by the governing authority of a county or city be exempt from ad valorem taxes levied by that county or city?"

All persons desiring to vote for approval of the Act shall vote "Yes," and those persons desiring to vote in rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, then Section 1 of this Act shall become effective immediately. If Section 1 of this Act is not so approved or if the election is not conducted as provided in this section, Section 1 of this Act shall not become effective and this Act shall be automatically repealed.

Section 3. Except as otherwise provided in Section 2 of this Act, this Act shall become effective on July 1, 1993.

Section 4. All laws and parts of laws in conflict with this Act are repealed.

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

The President announced that, pursuant to Senate Rule 143, consideration of SB 166 would be suspended and placed on the Senate General Calendar.

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JOURNAL OF THE SENATE

SB 237. By Senator Garner of the 30th:
A bill to amend Code Section 16-13-49 of the Official Code of Georgia Annotated, relating to forfeitures under the "Georgia Controlled Substances Act," so as to provide that under certain conditions an amount not exceeding 25 percent of money forfeited or realized from the disposition of forfeited property shall be paid to a person, other than a law enforcement officer, who furnishes information which leads to the seizure of property.

The Senate Committee on Special Judiciary offered the following amendment:

Amend SB 237 by adding on line 10 of page 3 after the word "education" and before the word "purposes" the following:
"or health care"

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

Senator Dawkins of the 45th offered the following amendment:

Amend SB 237 by adding the words "conviction of the defendant and seizure of prop erty instrumental to the crime" after "led to the" on page 2, line 20; and by striking the words "the seizure of the property" on lines 20 and 21.

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 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:

Abernathy Alien Balfour Baugh Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cheeks Clay Coleman Crotts Dawkins Day Dean Edge

Egan Farrow Gillis Glanton Gochenour Harbison Hemmer Henson Hill Hooks Huggins Isakson Kemp Langford of 29th Madden Marable Middleton Newbill

Oliver Parrish Perdue Pollard Ragan of llth Ragan of 32nd Ralston Ray Robinson Scott Slotin Starr Taylor Thomas Thompson Turner Tysinger Walker

Not voting were Senators Garner and Langford of the 35th.

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

WEDNESDAY, FEBRUARY 24, 1993

741

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

SB 99. By Senator Newbill of the 56th:
A bill to amend Article 2 of Chapter 16 of Title 45 of the Official Code of Georgia Annotated, known as the "Georgia Death Investigation Act," so as to redefine "autopsy" and "limited dissection"; to provide that tissues may be retained for additional studies; to provide that the county medical examiner shall be notified when any person dies after having been admitted to a hospital in an unconscious state and without regaining consciousness within 24 hours of admission.

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

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

Those voting in the affirmative were Senators:

Abernathy Alien Balfour Baugh Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cheeks Clay Coleman Crotts Dawkins Day Dean Edge

Egan Farrow Garner Gillis Glanton Gochenour Harbison Hemmer Henson Hill Hooks Huggins Isakson Kemp Langford of 29th Madden Marable Middleton

Newbill Oliver Parrish Perdue Pollard Ragan of llth Ragan of 32nd Ralston Ray Robinson Scott Slotin Starr Thomas Thompson Turner Tysinger Walker

Not voting were Senators Langford of the 35th and Taylor.

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

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

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

SR 173. By Senators Henson of the 55th, Oliver of the 42nd, Edge of the 28th and others: A resolution relating to global warming and air pollution.

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 Balfour

Baugh Blitch

Boshears Bowen

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JOURNAL OF THE SENATE

Broun of 46th Brown of 26th Burton Cheeks Coleman Crotts Dawkins Day Dean Edge Egan Farrow Garner Gillis Glanton

Gochenour Harbison Hemmer Henson Hill Hooks Huggins Isakson Kemp Langford of 29th Madden Middleton Newbill Oliver Parrish

Perdue Pollard Ragan of llth Ragan of 32nd Ralston Ray Scott Slotin Starr Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Abernathy Clay

Langford of 35th Marable

Robinson Taylor

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

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

Senator Marable of the 52nd requested that the following statement be recorded in today's Journal:
"The machine didn't work on my green vote yes for SR 173."

The following general bill of the Senate, having been taken from the Table previously today, was put upon its passage:

SB 41. By Senators Newbill of the 56th, Clay of the 37th, Glanton of the 34th and others:
A bill to amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions regarding torts, so as to provide for immunity from liability for certain persons who voluntarily and without the expectation or re ceipt of compensation provide certain services for and at the request and sanc tion of a public school upon public school property or at a public school spon sored function.

Senator Newbill of the 56th moved that SB 41 be postponed until Thursday, February 25.

On the motion, the yeas were 40, nays 0; the motion prevailed, and SB 41 was post poned until Thursday, February 25.

The following general bill of the Senate, having been taken from the Table previously today, was upon its passage:

SB 188. By Senators Dawkins of the 45th, Robinson of the 16th, 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 by the Office of Planning and Budget, so as to require the Office of Planning and

WEDNESDAY, FEBRUARY 24, 1993

743

Budget to prepare an annual continuation budget report; to provide for submis sion of such report to the Continuation Subcommittees of the House and Senate Appropriations Committees; to provide for contents of such report.
Senators Thompson of the 33rd and Dawkins of the 45th offered the following amendment:
Amend SB 188 by striking on line 5 of page 1 the words "an annual" and inserting in lieu thereof the words "a quadrennial".
By striking on lines 19 and 20 of page 1 the words "of each year" and inserting in lieu thereof the following:
", 1994, and quadrennially thereafter".
Senator Dawkins of the 45th asked unanimous consent that the amendment offered by Senators Thompson of the 33rd and Dawkins of the 45th be withdrawn; the consent was granted, and the amendment was withdrawn.
Senator Isakson of the 21st offered the following amendment:
Amend SB 188 by adding on line 10 of page 1 after the word and symbol "subcommit tees;" and before the word "to" the following:
"to provide for reports of such subcommittees to the membership of the General Assembly;".
By striking the quotation marks at the end of line 11 of page 2 and adding between lines 11 and 12 of page 2 the following:
"(c) The continuation subcommittees shall report to the membership of the General Assembly, within one week of the convening of each regular session of the General Assem bly, a list of all programs brought to the continuation subcommittees as well as actions recommended, if any, by the continuation subcommittees.' "
Senator Isakson of the 21st asked unanimous consent that his amendment be with drawn; the consent was granted, and the amendment was withdrawn.
Senator Dawkins of the 45th offered the following substitute to SB 188:
A BILL
To be entitled an Act to amend Part 1 of Article 4 of Chapter 12 of Title 45 of the Official Code of Georgia Annotated, relating to management of budgetary and financial af fairs by the Office of Planning and Budget, so as to require the Office of Planning and Budget to prepare an annual continuation budget report; to provide for submission of such report to the Continuation Subcommittees of the House and Senate Appropriations Com mittees; to provide for contents of such report; to provide for consideration of such report by such subcommittees; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Part 1 of Article 4 of Chapter 12 of Title 45 of the Official Code of Georgia Annotated, relating to management of budgetary and financial affairs by the Office of Plan ning and Budget, is amended by inserting immediately following Code Section 45-12-75 a new Code Section 45-12-75.1 to read as follows:
"45-12-75.1. (a) On or before October 1, 1994 and each year thereafter, the Governor, through the Office of Planning and Budget, shall prepare and submit to the Continuation Subcommittees of the House and Senate Appropriations Committees a continuation budget report. The chairpersons of the House and Senate Appropriations Committees shall to gether establish a rotation system that will allow each state department to be included in

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the continuation budget report not less than once every four years. The continuation budget report shall contain a detailed analysis of the funds necessary to provide in the next fiscal year the same level of services provided in the current fiscal year for each state department examined. Such report shall address each program individually and shall include, in addi tion to a detailed analysis of the funds necessary to continue each such program at its cur rent level, a description of the purposes and accomplishments of the program. For purposes of this Code section, the term 'program' means the smallest operating unit of each depart ment's budget unit.
(b) The continuation subcommittees shall consider the budget report prepared pursu ant to this Code section in conjunction with the audit report prepared pursuant to para graph (4) of Code Section 50-6-24.
(c) The continuation subcommittees shall submit to the membership of the General Assembly within one week of the convening of each regular session of the General Assembly a list of all programs included in the continuation budget report for each department ex amined as well as actions recommended, if any, by the continuation subcommittees.
(d) It is the intent of this legislation to examine all state departments not less than once every four years."
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 President announced that, pursuant to Senate Rule 143, consideration of SB 188 would be suspended and placed on the Senate General Calendar.
Serving as doctor of the day was Dr. David Lahasky of Marietta, Georgia.
Senator Robinson of the 16th moved that the Senate do now adjourn until 9:30 o'clock A.M. tomorrow, and the motion prevailed.
At 3:25 o'clock P.M., the President announced the Senate adjourned until 9:30 o'clock A.M. tomorrow.

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Senate Chamber, Atlanta, Georgia Thursday, February 25, 1993 Twenty-sixth Legislative Day
The Senate met pursuant to adjournment at 9:30 o'clock A.M. today and was called to order by the President.
Senator Huggins of the 53rd reported that the Journal of yesterday's proceedings had been read and found correct.
By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House and Senate:
HB 585. By Representatives Birdsong of the 123rd, Barfoot of the 155th, Bargeron of the 120th and Padgett of the 119th: 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 plates for certain per sons and vehicles, so as to provide certain procedures which will enable a dis abled veteran to qualify for a special license plate.
HB 779. By Representative Cummings of the 27th: 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 that persons who become members after July 1, 1993, shall not be entitled to an automatic cost-of-living benefit increase.
HB 301. By Representatives Benefield of the 96th, Dixon of the 150th, Brooks of the 103rd, Crawford of the 129th, Streat of the 167th and others: A bill to amend Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to when public disclosure is not required for public records, so as to provide that rejected bid proposals and cost estimates of the Department of Transportation shall not be open to the public.
HB 528. By Representatives Colwell of the 7th and Poag of the 6th: A bill to amend Code Section 12-5-29 of the Official Code of Georgia Annotated, relating to sewage and waste disposal and related matters, so as to provide for certain restrictions on marine toilets used on Lake Blue Ridge.
HB 523. By Representative Barnes of the 33rd: A bill to amend Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to liens, so as to provide a short title; to provide definitions; to provide for liens of commercial real estate brokers.
HB 505. By Representative Watson of the 139th: A bill to amend Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to standards and requirements for the construction and alteration of

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buildings and other structures, so as to revise extensively the provisions relating to state building, plumbing, electrical, and other such codes.
HB 490. By Representatives Martin of the 47th and Thomas of the 100th:
A bill to amend Code Section 16-11-130 of the Official Code of Georgia Anno tated, relating to exemptions from certain provisions of law relating to the pos session and carrying of firearms, so as to add state court solicitors and investiga tors and certain corresponding personnel of certain city courts to the list of persons exempt from certain provisions of law.
HB 214. By Representative Twiggs of the 8th:
A bill to amend Chapter 8 of Title 40 of the Official Code of Georgia Annotated, relating to equipment of motor vehicles, so as to change certain tire tread re quirements for school buses.
HB 476. By Representatives Powell of the 23rd and Bostick of the 165th:
A bill to amend Chapter 13 of Title 43 of the Official Code of Georgia Annotated, "The Driver Training School License Act," so as to provide that driver training instructor licenses shall be valid for two years.
HB 486. By Representatives Baker of the 70th, Bordeaux of the 151st, Orrock of the 56th and Thomas of the 100th:
A bill to amend Article 1 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to procedure for sentencing and imposition of punishment, so as to authorize judicial consideration of victim impact statements in cases in which life imprisonment or the death penalty may be imposed.
SB 87. By Senator Ray of the 19th:
A bill to amend Code Section 42-8-34 of the Official Code of Georgia Annotated, relating to hearings and determinations under the "Statewide Probation Act," so as to provide for probation fees in certain cases of probation or pretrial release or diversion under the supervision of the Department of Corrections; to provide for the waiver or amendment of probation fees under certain conditions.
The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:
SB 311. By Senators Boshears of the 6th and Harbison of the 15th:
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 enact the "Georgia Handicapped and Impaired Veterans Housing Access Act"; to provide definitions; to provide that the provisions of said article shall apply to certain private residences constructed for first occupancy after January 1, 1994. Referred to Committee on Defense and Veterans Affairs.
SB 312. By Senators Henson of the 55th, Thomas of the 10th and Parrish of the 43rd:
A bill to amend Title 37 of the Official Code of Georgia Annotated, relating to mental health, so as to authorize a clinical nurse specialist in psychiatric/mental health to perform certain acts which physicians, psychologists, and clinical social workers are authorized to perform regarding persons who are mentally ill or alco holic, or drug dependent individuals; to define a term. Referred to Committee on Health and Human Services.

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SB 313. By Senators Balfour of the 9th, Day of the 48th, Clay of the 37th and others:
A bill to amend Chapter 4 of Title 7 of the Official Code of Georgia Annotated, relating to general provisions relative to interest and usury, so as to change the maximum rate of interest allowed; to define a certain term; to provide for applicability.
Referred to Committee on Banking and Financial Institutions.
SB 314. By Senator Clay of the 37th:
A bill to amend Code Section 3-3-7 of the Official Code of Georgia Annotated, relating to local authorization and regulation of sales of alcoholic beverages on Sunday, so as to authorize and regulate the sale of alcoholic beverages for con sumption on the premises on Sunday in certain municipalities during certain hours; to provide for practices, procedures, and requirements related thereto; to provide an effective date.
Referred to Committee on Consumer Affairs.
SB 315. By Senators Ralston of the 51st and Farrow of the 54th:
A bill to amend Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to magistrate courts, so as to create the office of senior magistrate; to provide for the appointment, qualifications, and duties of a senior magistrate; to provide for an oath; to provide for training; to change the composition of the Council of Magistrate Court Judges; to provide for compensation for senior magistrates.
Referred to Committee on Judiciary.
SB 316. By Senators Marable of the 52nd, Newbill of the 56th, Scott of the 36th and Henson of the 55th:
A bill to amend Code Section 20-2-282 of the Official Code of Georgia Annotated, relating to evaluation of schools, so as to change the standards for designation as "high-achieving schools".
Referred to Committee on Education.
SB 317. By Senators Newbill of the 56th and Starr of the 44th:
A bill to amend Chapter 7 of Title 46 of the Official Code of Georgia Annotated, relating to motor carriers, so as to provide for regulation of limousine carriers by the Public Service Commission; to provide definitions; to require each limousine carrier to obtain a permit from the commission; to provide for issuance of a per mit; to provide that permits are nontransferable; to provide for grounds for revo cation or suspension of a permit.
Referred to Committee on Finance and Public Utilities.
SB 318. By Senator Edge of the 28th:
A bill to amend Code Section 31-33-3 of the Official Code of Georgia Annotated, relating to the cost of copying and mailing a patient's records, so as to provide for the charges that may be required by the provider prior to the records being furnished to the party requesting the patient's records; to provide for related matters; to provide for an effective date.
Referred to Committee on Special Judiciary.

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SB 319. By Senator Baugh of the 25th:
A bill to amend an Act placing the judge of the Probate Court of Baldwin County upon an annual salary, as amended, so as to change the provisions relating to the compensation of the judge of the probate court; to provide an effective date. Referred to Committee on Urban and County Affairs.
SB 320. By Senators Boshears of the 6th, Cheeks of the 23rd, Blitch of the 7th and Kemp of the 3rd:
A bill to amend Code Section 16-6-8 of the Official Code of Georgia Annotated, relating to the crime of public indecency, so as to include within the offense of public indecency an act or performance of sadomasochistic abuse including flag ellation or torture by or upon a person as an act of sexual stimulation or gratification. Referred to Committee on Special Judiciary.
SB 321. By Senator Abernathy of the 38th:
A bill to amend an Act to reincorporate the City of Atlanta in the counties of Fulton and DeKalb and to create a new charter for said city, as amended, so as to prohibit certain conduct by the president of the council; to provide for legisla tive declaration; to provide for disclosure of private business interests by mem bers of the council.
Referred to Committee on Urban and County Affairs.
SB 322. By Senator Abernathy of the 38th:
A bill to create the office of county manager of Fulton County; to provide for the appointment of the county manager; to provide for terms of office; to provide for removal of the county manager; to provide for an employment contract; to pro vide for qualifications for the county manager; to provide for residency require ments for the county manager; to provide for compensation; to provide duties and responsibilities of the county manager.
Referred to Committee on Urban and County Affairs.
SB 323. By Senator Abernathy of the 38th:
A bill to require all public schools in the Atlanta public school system to imple ment a uniform dress code for all students; to provide for legislative intent; to provide for a uniform; to provide an effective date. Referred to Committee on Urban and County Affairs.
SB 324. By Senator Abernathy of the 38th:
A bill to require the Board of Education of the City of Atlanta to adopt and to implement a system of staggered start and dismissal times for all schools within the Atlanta public school system; to recommend standard start and dismissal times for all public elementary, middle, and high schools within the system; to provide certain guidelines.
Referred to Committee on Urban and County Affairs.
SB 325. By Senators Thompson of the 33rd and Clay of the 37th:
A bill to amend an Act entitled "An Act creating the board of commissioners of Cobb County," as amended, so as to provide that the office of chairman or mem ber of the board of commissioners shall be declared vacant upon the holder of such office qualifying for another state, county, or city office or qualifying for the

THURSDAY, FEBRUARY 25, 1993

749

House of Representatives or the Senate of the United States under certain circumstances. Referred to Committee on Urban and County Affairs.
SB 326. By Senators Hill of the 4th, Marable of the 52nd, Perdue of the 18th and Pollard of the 24th:
A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to require insurance coverage for certain types of anti-cancer drug therapy; to provide for definitions; to provide for conditions of coverage; to provide for enforcement; to provide for applicability. Referred to Committee on Insurance and Labor.
SB 327. By Senator Crotts of the 17th:
A bill to provide for an advisory referendum election to be held in Butts County for the purpose of ascertaining the type of government for said county desired by the people of said county; to provide for procedures, requirements, and other matters relative thereto. Referred to Committee on Urban and County Affairs.
SR 206. By Senators Thompson of the 33rd, Garner of the 30th and Hooks of the 14th: A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide for the creation of enterprise zones for certain tax treatment purposes; to provide for the submission of this amendment for ratifica tion or rejection.
Referred to Committee on Urban and County Affairs (General).
SR 207. By Senators Thompson of the 33rd and Clay of the 37th:
A resolution authorizing the granting of a nonexclusive easement for operation and maintenance of a transportation thoroughfare in, on, over, under, upon, across, or through property owned by the State of Georgia in Cobb County, Geor gia; to provide an effective date. Referred to Committee on Finance and Public Utilities.
SR 208. By Senators Clay of the 37th and Thompson of the 33rd:
A resolution authorizing the granting of a nonexclusive easement for operation and maintenance of a transportation thoroughfare in, on, over, under, upon, across, or through property owned by the State of Georgia in Cobb County, Geor gia; to provide an effective date. Referred to Committee on Finance and Public Utilities.
SR 211. By Senators Henson of the 55th and Parrish of the 43rd:
A resolution urging the Department of Transportation to establish a commuter efficiency program for state employees. Referred to Committee on Natural Resources.
SR 213. By Senators Abernathy of the 38th, Langford of the 35th, Walker of the 22nd and others:
A resolution providing for the placement of a portrait of the Honorable Leroy R. Johnson. Referred to Committee on Rules.

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SR 214. By Senators Newbill of the 56th, Edge of the 28th, Day of the 48th and others: A resolution urging President Bill Clinton to take certain action.
Referred to Committee on Rules.
SR 215. By Senators Newbill of the 56th and Marable of the 52nd: A resolution creating the Senate Study Committee on Reform of QBE Compre hensive Evaluation of Schools Requirements.
Referred to Committee on Rules.
SR 216. By Senators Newbill of the 56th and Egan of the 40th:
A resolution urging state agencies implementing roadway lighting projects using state funds to use available technologies and equipment to minimize light tres pass, glare, and sky glow. Referred to Committee on Rules.
SR 217. By Senators Marable of the 52nd, Newbill of the 56th, Oliver of the 42nd and others: A resolution creating the Senate Study Committee on School Evaluation.
Referred to Committee on Rules.
The following bills of the House were read the first time and referred to committees:
HB 214. By Representative Twiggs of the 8th: A bill to amend Chapter 8 of Title 40 of the Official Code of Georgia Annotated, relating to equipment of motor vehicles, so as to change certain tire tread re quirements for school buses.
Referred to Committee on Public Safety.
HB 301. By Representatives Benefield of the 96th, Dixon of the 150th, Brooks of the 103rd and others: A bill to amend Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to when public disclosure is not required for public records, so as to provide that rejected bid proposals and cost estimates of the Department of Transportation shall not be open to the public.
Referred to Committee on Judiciary.
HB 476. By Representatives Powell of the 23rd and Bostick of the 165th: A bill to amend Chapter 13 of Title 43 of the Official Code of Georgia Annotated, "The Driver Training School License Act," so as to provide that driver training instructor licenses shall be valid for two years.
Referred to Committee on Public Safety.
HB 486. By Representatives Baker of the 70th, Bordeaux of the 151st, Orrock of the 56th and Thomas of the 100th: A bill to amend Article 1 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to procedure for sentencing and imposition of punishment, so as to authorize judicial consideration of victim impact statements in cases in which life imprisonment or the death penalty may be imposed.
Referred to Committee on Judiciary.

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HB 490. By Representatives Martin of the 47th and Thomas of the 100th:
A bill to amend Code Section 16-11-130 of the Official Code of Georgia Anno tated, relating to exemptions from certain provisions of law relating to the pos session and carrying of firearms, so as to add state court solicitors and investiga tors and certain corresponding personnel of certain city courts to the list of persons exempt from certain provisions of law. Referred to Committee on Judiciary.
HB 505. By Representative Watson of the 139th:
A bill to amend Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to standards and requirements for the construction and alteration of buildings and other structures, so as to revise extensively the provisions relating to state building, plumbing, electrical, and other such codes. Referred to Committee on Consumer Affairs.
HB 523. By Representative Barnes of the 33rd: A bill to amend Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to liens, so as to provide a short title; to provide definitions; to provide for liens of commercial real estate brokers.
Referred to Committee on Judiciary.
HB 528. By Representatives Colwell of the 7th and Poag of the 6th:
A bill to amend Code Section 12-5-29 of the Official Code of Georgia Annotated, relating to sewage and waste disposal and related matters, so as to provide for certain restrictions on marine toilets used on Lake Blue Ridge. Referred to Committee on Natural Resources.
HB 585. By Representatives Birdsong of the 123rd, Barfoot of the 155th, Bargeron of the 120th and Padgett of the 119th: 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 plates for certain per sons and vehicles, so as to provide certain procedures which will enable a dis abled veteran to qualify for a special license plate.
Referred to Committee on Public Safety.
HB 779. By Representative Cummings of the 27th:
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 that persons who become members after July 1, 1993, shall not be entitled to an automatic cost-of-living benefit increase. Referred to Committee on Retirement.
The following reports of standing committees were read by the Secretary:
Mr. President:
The Committee on Defense and Veterans Affairs has had under consideration the fol lowing bill and resolution of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:
SR 195. Do pass.

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HB 428. Do pass.

Respectfully submitted, Senator Harbison of the 15th District, Chairman

Mr. President:

The Committee on Economic Development, Tourism and Cultural Affairs has had under consideration the following bills and resolution of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:
SB 206. Do pass. SR 21. Do pass. HB 174. Do pass.
Respectfully submitted,
Senator Broun of the 46th District, Chairman

Mr. President:

The Committee on Finance and Public Utilities has had under consideration the follow ing bill and resolutions of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

HB 520. Do pass.

HR 123. Do pass.

SR 180. Do pass. HR 49. Do pass.

HR 125. Do pass. HR 182. Do pass.

HR 122. Do pass.

Respectfully submitted,

Senator Starr of the 44th District, Chairman

Mr. President:

The Committee on Health and Human Services has had under consideration the follow ing bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SB 46. Do pass.

HB 335. Do pass.

SB 263. Do pass.

HB 400. Do pass.

Respectfully submitted,

Senator Walker of the 22nd 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 474. Do pass.

HB 774. Do pass.

HB 757. Do pass.

HB 776. Do pass.

HB 758. Do pass.

HB 789. Do pass.

Respectfully submitted,

Senator Thompson of the 33rd District, Chairman

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753

Mr. President:

The Committee on Youth, Aging and Human Ecology has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations:

HB 4. Do pass as amended. HB 93. Do pass. HB 94. Do pass.

HB 168. HB 296. HB 340.

Do pass. Do pass. Do pass.

Respectfully submitted,

Senator Marable of the 52nd 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 306. Do pass as amended.
Respectfully submitted,
Senator Marable of the 52nd District, Chairman

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

SB 116. By Senators Scott of the 36th, Newbill of the 56th and Langford of the 35th:
A bill to amend Code Section 40-14-9 of the Official Code of Georgia Annotated, relating to the inadmissibility of evidence obtained in certain areas by speed de tection devices, so as to eliminate the restriction on the use of radar on highways having a grade in excess of 7 percent.

SB 161. By Senators Gochenour of the 27th, Balfour of the 9th, Burton of the 5th and others:
A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to create a new Chapter 20A entitled the "Individual Medical Account Act"; to provide for legislative purpose; to provide for definitions; to provide for individual medical accounts; to provide the procedures for individual medical accounts; to provide for the amounts that may be deposited in individual medical accounts; to provide for withdrawals.

SB 170. By Senators Marable of the 52nd, Garner of the 30th, Henson of the 55th and others:
A bill to amend Chapter 29 of Title 33 of the Official Code of Georgia Annotated, relating to individual accident and sickness insurance, and Article 1 of Chapter 30 of Title 33 of the Official Code of Georgia Annotated, relating to group or blanket accident and sickness insurance.

SB 196. By Senators Oliver of the 42nd and Henson of the 55th:
A bill to amend Article 6 of Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to constables, clerk, and other court personnel, so as to pro vide for state court clerks to serve as clerk of magistrate court; to provide for compensation for such services.

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SB 252. By Senators Robinson of the 16th and Oliver of the 42nd:
A bill to amend Chapter 1 of Title 42 of the Official Code of Georgia Annotated, relating to general provisions relating to penal institutions, so as to provide that the commissioner of corrections shall notify victims of crime of an offender's death, release, escape, or transfer to a halfway house.
SB 261. By Senators Farrow of the 54th and Huggins of the 53rd:
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 fourth judge of the superior courts of the Conasauga Judicial Circuit of Georgia; to provide for the appointment, subsequent election, and terms of office of said judge; to require candidates for such judgeship to designate the judgeship for which they are offering.
SB 264. By Senators Ray of the 19th and Pollard of the 24th:
A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to authorize the Commissioner of Insurance to promulgate rules and regulations necessary for the enforcement of Title 33; to provide that certain proceedings relating to the administrative supervision of an insurer shall be con fidential; to provide exceptions; to provide for the payment of the expenses of administrative supervision.
SB 277. By Senators Boshears of the 6th, Kemp of the 3rd, Cheeks of the 23rd and Blitch of the 7th:
A bill to amend Code Section 19-6-19, relating to revision of judgment for perma nent alimony or child support, generally, when such revision is authorized, peti tion and hearing, cohabitation with third party as ground for revision, attorney's fees, and temporary modification pending final trial, so as to change the provi sion relating to cohabitation as grounds for revision.
SB 280. 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 correct and clarify certain references to in surance brokers and solicitors.
SB 289. By Senators Garner of the 30th and Edge of the 28th:
A bill to amend Part 1 of Article 2 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to solid waste management, so as to define a certain term; to prohibit the depositing of yard trimmings in solid waste facilities.
SB 294. By Senators Robinson of the 16th, Hooks of the 14th and Gillis of the 20th:
A bill to amend Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, so as to provide that the director of the Envi ronmental Protection Division of the Department of Natural Resources shall compile and update an inventory of hazardous sites in this state; to provide for certain rules and regulations of the Board of Natural Resources; to provide for certain notices to certain property owners.
HB 112. By Representative Twiggs of the 8th:
A bill to amend Part 1 of Article 1 of Chapter 3 of Title 27 of the Official Code of Georgia Annotated, relating to general provisions relative to hunting wildlife, so as to provide that under certain circumstances property owners shall be allowed to kill bears.

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HB 149. By Representatives Chambless of the 163rd, Thomas of the 100th and Hammond of the 32nd:
A bill to amend Title 14 of the Official Code of Georgia Annotated, relating to corporations, partnerships, and associations, so as to change certain definitions relating to corporations; to add a definition of the term "treasury shares".
HB 344. By Representatives Thomas of the 100th, Chambless of the 163rd, Barnes of the 33rd and Cauthorn of the 35th:
A bill to amend Code Section 15-1-8 of the Official Code of Georgia Annotated, relating to when judge or judicial officer is disqualified, so as to provide for recusal by part-time judges in certain cases where a conflict of interest exists; to provide that in certain cases where a conflict exists that the case may be trans ferred to superior court.
HB 352. By Representatives Colwell of the 7th, Dobbs of the 92nd and Greene of the 158th:
A bill to amend Code Section 42-8-35.1 of the Official Code of Georgia Anno tated, relating to special alternative incarceration, so as to provide that such spe cial alternative incarceration shall apply to felony offenses; to provide that the Department of Corrections may extend the confinement period for an additional period not to exceed 30 days as a result of a disciplinary infraction as determined through a formal disciplinary process implemented by the department.
HB 353. By Representatives Colwell of the 7th, Dobbs of the 92nd and Greene of the 158th:
A bill to amend Article 2 of Chapter 5 of Title 42 of the Official Code of Georgia Annotated, relating to wardens, superintendents, and other personnel of correc tional institutions of the state and counties, so as to provide that deputy wardens of the various county correctional institutions shall be appointed by the gov erning authority of the county, subject to the approval of the Board of Correc tions, and shall serve at the pleasure of the county or the board.
HB 463. By Representatives McBee of the 88th, Buck of the 135th, Heard of the 89th and others:
A bill to amend Code Section 20-5-2 of the Official Code of Georgia Annotated, relating to powers and duties of the State Board of Education and transfer of functions of State Library Commission, so as to provide that the director of the University of Georgia Libraries shall be responsible for acquiring, cataloging, and distributing state public documents.
HB 522. By Representatives Buck of the 135th, Thomas of the 100th, Groover of the 125th and others:
A bill to amend Article 4 of Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to inspection of public records, so as to provide that certain information collected by a state agency or institution of higher education in the conduct of a study or research publicly or privately supported on medical, scien tific, technical, scholarly, or artistic issues is not subject to the provisions of said article.
HB 597. By Representatives Hanner of the 159th, Buckner of the 95th, Watts of the 26th and Chandler of the 99th:
A bill to amend Title 27 of the Official Code of Georgia Annotated, the "Game and Fish Code," so as to define a certain term; to change certain requirements regarding providing proof of completion of a hunter education course; to provide

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that persons ages 12 through 25 shall carry certification of the completion of such course while hunting.
The President called for the morning roll call, and the following Senators answered to their names:

Balfour Baugh Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Clay Coleman Crotts Dawkins Day Dean Edge Farrow Garner

Gillis Glanton Gochenour Harbison Hemmer Henson
Hooks Huggins Isakson Kemp Langford of 35th Langford of 29th Madden Marable Middleton

Newbill Oliver Parrish Perdue Pollard Ragan of llth Ragan of 32nd Ralston Ray Scott Slotin Starr Thomas Thompson Turner Walker

Those not answering were Senators:

Abernathy Alien Cheeks

Egan Robinson

Taylor Tysinger (excused)

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

Senator Edge of the 28th moved that Senator Tysinger of the 41st be excused from the Senate today due to an appointment with his doctor.

On the motion, the yeas were 31, nays 0; the motion prevailed, and Senator Tysinger of the 41st was excused from the Senate today.

Senator Burton of the 5th introduced the chaplain of the day, Dr. J. Mike Minnix, pastor of the First Baptist Church of Lilburn, Georgia, who offered scripture reading and prayer.

The following resolutions of the Senate were read and adopted:

SR 209. By Senator Abernathy of the 38th: A resolution commending Honorable Jacquelyn Barrett.

SR 210. By Senators Henson of the 55th, Dawkins of the 45th and Parrish of the 43rd:
A resolution congratulating John Marshall Law School on the occasion of its six tieth anniversary.

THURSDAY, FEBRUARY 25, 1993

757

SR 212. By Senators Broun of the 46th, Gillis of the 20th and Hemmer of the 49th: A resolution honoring Corporal W. L. Lowell, Jr.
SR 218. By Senator Robinson of the 16th: A resolution commending the Tri County Board of Education, the administration of Tri County High School, and Mrs. Deborah Ford for their commitment to provide opportunities under guidelines established by industry for students to acquire the knowledge and skills essential for performing industry identified tasks; for her efforts in obtaining industry certification for the home economics program at Tri County High School, Buena Vista, Georgia.
SR 219. By Senator Boshears of the 6th: A resolution commending Norma Jean Brinson.
SR 220. By Senator Boshears of the 6th: A resolution commending Mr. Jackie Sinclair and Dr. Don Waters.
The following local, uncontested bills of the House, favorably reported by the commit tee as listed on the Senate Local Consent Calendar, were put upon their passage:
SENATE LOCAL CONSENT CALENDAR
Thursday, February 25, 1993
TWENTY-SIXTH LEGISLATIVE DAY
(The names listed with each bill are the Senators whose districts are affected by the legislation.)
HB 474 Alien, 2nd Kemp, 3rd LIBERTY COUNTY Creates the Board of Education of the Liberty County School District; changes the compensation of the members and chairman.
HB 757 Brown, 26th TWIGGS COUNTY Creates a Board of Commissioners of Twiggs County; changes the composi tion of the commission districts which members of the board are elected.
HB 758 Brown, 26th TWIGGS COUNTY Creates a Board of Education of Twiggs County; changes the composition of the education districts from which members of the board are elected.
HB 774 Ragan, llth Bowen, 13th COLQUITT COUNTY Re-creates the Board of Commissioners of Colquitt County; reapportions the commissioner districts.

758

JOURNAL OF THE SENATE

HB 776 Ragan, llth Bowen, 13th COLQUITT COUNTY
Reapportions the education districts of the Board of Education of Colquitt County.

HB 789 Ray, 19th CITY OF EASTMAN
Provides for a new charter for the City of Eastman; changes the provisions relating to filling vacancies on the city council.

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

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

Those voting in the affirmative were Senators:

Alien Balfour Baugh Blitch
Boshears Brown of 26th " urton

Gillis Glanton Gochenour Harbison
Henson Hm Hooks

Coleman Crotts Tjay Dean Edge Egan Farrow Garner

Huf ins Isakson Kemp Langford of 35th Langford of 29th Madden Marable Middleton

Newbill Oliver Perdue Pollard
Ragan of llth Kagm of 32nd Ralston
Ray Scott Slotin Starr Taylor Thomas Thompson Turner

Those not voting were Senators:

Abernathy Bowen Broun of 46th Cheeks

Dawkins Hemmer Parrish

Robinson Tysinger (excused) Walker

On the passage of all of the local bills, the yeas were 46, nays 0.

All the bills on the Senate Local Consent Calendar, having received the requisite consti tutional majority, were passed.

SENATE RULES CALENDAR
Thursday, February 25, 1993
TWENTY-SIXTH LEGISLATIVE DAY
SB 142 Firemen's Pension Fund--postretiremen! benefit increases (Substitute) (Ret--22nd)
SB 188 Office of Planning and Budget--prepare annual continuation budget report (Substitute) (Approp--45th)

THURSDAY, FEBRUARY 25, 1993

759

(Pursuant to Senate Rule 143, final passage of the bill was suspended on Febru ary 24, 1993.)
SB 223 Bad Check Issuance--redefine "present consideration" (S Judy--5th)
SB 240 Workers' Compensation--notices of cancellation, nonrenewal (Amendment) (I&L--21st)
SB 166 Ad Valorem Taxation--rates, assessment dates, certain enterprise zones (Substi tute) (U&CA G--33rd)
(Pursuant to Senate Rule 143, final passage of the bill was suspended on Febru ary 24, 1993.)
SB 123 Habitual Violator Operating Vehicle Without Probationary License--suspension (Pub Saf--37th)
SR 93 Commission on Certification of Automobile Body Shops, Collision Repair Facili ties, Etc.--create (Gov Op--32nd)
SB 41 Torts--certain school volunteers immune from liability (Substitute) (Amend ments) (S Judy--56th)
Respectfully submitted,
/s/ George Hooks of the 14th, Chairman Senate Rules Committee

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

SB 142. By Senator Walker of the 22nd:
A bill to amend Article 2 of Chapter 7 of Title 47 of the Official Code of Georgia Annotated, relating to the administration and management of the assets of the Georgia Firemen's Pension Fund, so as to authorize the board of directors of such fund to grant postretirement benefit increases; to provide conditions for such increases.

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:

Claude L. Vickers, State Auditor

DATE:

January 13, 1993

SUBJECT: Senate Bill 142 (LC 21 1986) Firemen's Pension Fund

This bill provides that the board of trustees of the Firemen's Pension Fund has the authority to grant certain postretirement benefit adjustments from time to time. The pur
pose of these benefit adjustments is to ensure that the members maintain essentially the same purchasing power.

This is to certify that this is a nonfiscal retirement bill as defined in the Public Retire ment Systems Standards Law.

/s/ Claude L. Vickers State Auditor

760

JOURNAL OF THE SENATE

The Senate Committee on Retirement offered the following committee substitute to SB 142:

A BILL
To be entitled an Act to amend Article 2 of Chapter 7 of Title 47 of the Official Code of Georgia Annotated, relating to the administration and management of the assets of the Georgia Firemen's Pension Fund, so as to authorize the board of directors of such fund to grant postretirement benefit increases; to provide conditions for such increases; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 2 of Chapter 7 of Title 47 of the Official Code of Georgia Annotated, relating to the administration and management of the assets of the Georgia Firemen's Pen sion Fund, is amended by inserting at the end thereof the following:
"47-7-27. (a) Subject to the terms and limitations of this Code section, the board of trustees is authorized to adopt from time to time a method or methods of providing for increases in the maximum monthly retirement benefit payable under Code Section 47-7-100 or 47-7-102, or both, for persons theretofore or thereafter retiring under such Code sections. Such method shall be based upon:
(1) The recommendation of the actuary of the board of trustees;
(2) The maintenance of the actuarial soundness of the fund in accordance with the standards provided in Code Section 47-20-10 or such higher standards as may be adopted by the board; and
(3) Such other factors as the board deems relevant.
Any such increase may be uniform or may vary in accordance with the time of retirement, length of service, age, nature of the retirement, or such other factors as the board of trustees shall determine.
(b) No increase granted pursuant to subsection (a) of this Code section shall become effective prior to July 1, 1993. Any such increase which becomes effective on July 1, 1993, shall not exceed 3 percent of the maximum monthly retirement benefit then in effect. Thereafter, such increases may be authorized effective as of January 1 and July 1 of each year; provided, however, that no such increase shall exceed 1 '/2 percent of the maximum monthly retirement benefit then in effect.
(c) No increase shall be made pursuant to subsection (a) of this Code section to become effective within six months of the effective date of any increase in the maximum retirement benefit granted by the General Assembly through amendment of Code Section 47-7-100."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

THURSDAY, FEBRUARY 25, 1993

761

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:

Claude L. Vickers, State Auditor

DATE:

February 10, 1993

SUBJECT: Senate Bill 142 (LC 21 2215) Firemen's Pension Fund

This bill provides the board of trustees of the Firemen's Pension Fund the authority to grant certain postretirement benefit adjustments from time to time. No benefit increase can become effective prior to July 1, 1993 and any increase effective on July 1, 1993, shall not exceed 3 percent. Thereafter, increases may be granted effective January 1 and July 1 of each year. However, these increases may not exceed 1.5 percent. The purpose of these bene fit adjustments is to ensure that the members maintain essentially the same purchasing power.

This is to certify that this is a nonfiscal retirement bill as defined in the Public Retire ment Systems Standards Law.

M Claude L. Vickers State Auditor

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:

Abernathy Alien Balfour Baugh Blitch Boshears Broun of 46th Brown of 26th Burton Cheeks Clay
Coleman
Crotts Dawkins Day
Dean Edge

Egan Farrow Garner Gillis Glanton Gochenour Harbison Henson Hill Hooks Isakson
Kemp
Langford of 35th Langford of 29th Madden
Marable Middleton

Newbill Oliver Perdue Pollard Ragan of llth R of 32nd Ralston R ** TMott lotm
Starr
Taylor Thomas Thompson
Turner Walker

762

JOURNAL OF THE SENATE

Those not voting were Senators:

Bowen Hemmer

Muggins Parrish

Robinson Tysinger (excused)

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

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

The following general bill of the Senate, having been read the third time on February 19 and tabled, taken from the Table on February 24 and final action suspended on February 24, pursuant to Senate Rule 143, and placed on the Senate Rules Calendar for today, was continued upon its passage:

SB 188. By Senators Dawkins of the 45th, Robinson of the 16th, 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 by the Office of Planning and Budget, so as to require the Office of Planning and Budget to prepare an annual continuation budget report; to provide for submis sion of such report to the Continuation Subcommittees of the House and Senate Appropriations Committees; to provide for contents of such report.

The substitute to SB 188 offered by Senator Dawkins of the 45th on February 24, as it appears in the Journal of February 24, was automatically reconsidered and put upon its adoption.

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

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

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

Those voting in the affirmative were Senators:

Abernathy Alien Balfour Baugh Blitch Boshears
Wen , ,,* u BBT,urorut.onnof 46th Cheeks Clay Coleman Crotts Dawkins Day Dean Edge

Egan Farrow Garner Gillis Glanton Gochenour
Harbison HHTTei.l,n,l son Hooks Huggins Isakson Kemp Langford of 35th Langford of 29th Madden Marable

Middleton Newbill Oliver Perdue Pollard R of mh R nHailstton
Starr Thomas Thompson Turner Walker

THURSDAY, FEBRUARY 25, 1993

763

Those not voting were Senators:

Brown of 26th Hemmer

Parrish Robinson

Taylor Tysinger (excused)

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

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

Senator Garner of the 30th, President Pro Tempore, assumed the Chair.

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

SB 223. By Senator Burton of the 5th:
A bill to amend Code Section 16-9-20 of the Official Code of Georgia Annotated, relating to issuance of bad checks, so as to change the definition of the term "present consideration".

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

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

Those voting in the affirmative were Senators:

Abernathy Alien Balfour Baugh Blitch Boshears Bowen DBroun ocf 4X/6-4t.Vh. Brown of 26th Burton Cheeks Clay Coleman Crotts Day Dean Edge

Egan Farrow Gillis Glanton Gochenour Harbison Hemmer Henson Hooks Huggins Isakson Kemp Langford of 35th Langford of 29th Madden Marable Middleton

Newbill Oliver Perdue Pollard Ragan of llth Ragan of 32nd Ralston Ray bcot.t olotm Starr Taylor Thomas Thompson Turner Walker

Those not voting were Senators:

Dawkins Garner (presiding)

Hill Parrish

Robinson Tysinger (excused)

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

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

SB 240. By Senator Isakson of the 21st:
A bill to provide a short title; to amend Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, so as to provide that, with regard to policies of workers' compensation insurance, cancellation, nonrenewal, and certain other notice requirements shall be satisfied by dispatching of the notice by certified mail, return receipt requested.

764

JOURNAL OF THE SENATE

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

Amend SB 240 by striking line 5 of page 1 and inserting in lieu thereof the following: "cancellation and nonrenewal notice". By striking line 13 of page 3 and inserting in lieu thereof the following: "(2) With regard to cancellation or nonrenewal of policies of workers' ".

On the adoption of the amendment, the yeas were 40, nays 0, and the amendment was adopted.

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

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

Those voting in the affirmative were Senators:

Abernathy Alien Balfour Baugh Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cheeks Clay
Coleman Crotts Dawkins Day Dean

Edge Egan Farrow Gillis Glanton Gochenour Harbison Hemmer Henson Hooks Huggins Isakson Kemp Langford of 35th Langford of 29th Madden Marable

Middleton Newbill Oliver Perdue Pollard Ragan of llth Ragan of 32nd Ralston Ray Scott Slotin Starr Taylor Thomas Thompson Turner Walker

Those not voting were Senators:

Garner (presiding) Hill

Parrish Robinson

Tysinger (excused)

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

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

The following general bill of the Senate, having been read the third time and final ac tion suspended on February 24, pursuant to Senate Rule 143, and placed on the Senate Rules Calendar for today, was continued upon its passage:

SB 166. By Senators Thompson of the 33rd, Garner of the 30th, Hooks of the 14th and Dean of the 31st:
A bill to amend Article 1 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions relative to ad valorem taxation of prop erty, so as to provide that for purposes of ad valorem taxation, the General As sembly may provide by local law for different rates, methods, or assessment dates for certain real and personal property located in certain enterprise zones desig nated by counties and municipal corporations.

THURSDAY, FEBRUARY 25, 1993

765

The substitute to SB 166 offered by Senator Thompson of the 33rd on February 24, as it appears in the Journal of February 24, was automatically reconsidered and put upon its adoption.

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

The report of the committee, which was favorable to the 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:

Abernathy Balfour Baugh Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cheeks Clay Crotts Dawkins Day Dean

Edge Egan Farrow Gillis Glanton Gochenour Harbison Henson Hooks Huggins Isakson Kemp Langford of 35th Langford of 29th Madden

Marable Middleton Newbill Pollard Ragan of llth Ragan of 32nd Ralston Ray Slotin Starr Taylor Thomas Thompson Turner Walker

Those not voting were Senators:

Alien Coleman Garner (presiding) Hemmer

Hill Oliver Parrish Perdue

Robinson Scott Tysinger (excused)

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

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

SB 123. By Senators Clay of the 37th, Newbill of the 56th and Egan of the 40th:
A bill to amend Article 3 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to cancellation, suspension, and revocation of drivers' li censes, so as to provide that a person convicted of operating a motor vehicle without a probationary license after being declared a habitual license commits an offense requiring mandatory suspension.

Senator Clay of the 37th moved that SB 123 be committed to the Senate Committee on Public Safety.

On the motion, the yeas were 37, nays 0; the motion prevailed, and SB 123 was commit ted to the Senate Committee on Public Safety.

766

JOURNAL OF THE SENATE

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

SR 93. By Senator Ragan of the 32nd:
A resolution creating the Commission on the Certification of Automobile Body Shops, Body and Fender Shops, Collision Repair Facilities, Body and Collision Repair Dealerships, and Paint and Body Shops.

Senators Ragan of the 32nd and Marable of the 52nd offered the following amendment:

Amend SR 93 by adding on page 1, line 23, following the word "members", "at least 6 of which shall be".

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

The report of the committee, which was favorable to the adoption of the resolution, was agreed to as amended.

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

Those voting in the affirmative were Senators:

Abernathy Alien Balfour Baugh Boshears Bowen Brown of 26th Burton Cheeks Clay Crotts Dawkins Day Dean Edge

Egan Farrow Gillis Glanton Gochenour Harbison Hemmer Hooks Huggins Isakson Kemp Langford of 35th Langford of 29th Madden

Marable Middleton Newbill Oliver Pollard Ragan of 32nd Ralston Ray Slotin Starr Taylor Thomas Thompson Turner

Those not voting were Senators:

Blitch Broun of 46th Coleman Garner (presiding) Henson

Hill Parrish Perdue Ragan of llth

Robinson Scott Tysinger (excused) Walker

On adoption of the resolution, the yeas were 43, nays 0.

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

The following general bill of the Senate, having been read the third time on February

THURSDAY, FEBRUARY 25, 1993

767

18 and tabled, taken from the Table on February 24 and postponed until February 25, and placed on the Senate Rules Calendar for today, was put upon its passage:
SB 41. By Senators Newbill of the 56th, Clay of the 37th, Glanton of the 34th and others:
A bill to amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions regarding torts, so as to provide for immunity from liability for certain persons who voluntarily and without the expectation or re ceipt of compensation provide certain services for and at the request and sanc tion of a public school upon public school property or at a public school spon sored function.
The Senate Committee on Special Judiciary offered the following substitute to SB 41:
A BILL
To be entitled an Act to amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions regarding torts, so as to provide for immunity from liability for certain persons who voluntarily and without the expectation or receipt of com pensation provide certain services for and at the request and sanction of a public school or private school upon public school or private school property or at a public school or private school sponsored function and to provide immunity from liability for public schools or pri vate schools which request, sponsor, or participate in providing those services; to provide for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions regarding torts, is amended by adding after Code Section 51-1-30.2 a new Code section to read as follows:
"51-1-30.3. (a) Without waiving or affecting and cumulative of any existing immunity from any source, unless it is established that injuries or death were caused by gross negli gence or willfull or wanton misconduct:
(1) No person who voluntarily and without the expectation or receipt of compensation provides services for and at the request and sanction of a public school or private school which does not expect or receive compensation with respect to such services from the recipi ent of such services; or
(2) No public school or private school which requests, sponsors, or participates in the providing of the services under the circumstances provided in paragraph (1) of this subsection
shall be liable for damages or injuries alleged to have been sustained by another person or damages for the injury or death of the other person when the injuries or death are alleged to have occurred by reason of an act or omission occurring on school property in the rendering of such services if such services are provided upon school property or at a school sponsored function.
(b) This Code section shall not apply to any incident or incidents arising out of the operation of a motor vehicle or motor vehicles.
(c) This Code section shall not apply to persons licensed to practice medicine under Chapter 34 of Title 43.
(d) This Code section shall apply only to causes of action arising on or after July 1, 1993."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

768

JOURNAL OF THE SENATE

Senator Newbill of the 56th offered the following amendment:

Amend the substitute to SB 41 offered by the Senate Committee on Special Judiciary by adding before the period on line 19 of page 2 the following:
", nor to persons who are licensed under Title 43 as chiropractors, dentists, registered professional nurses, optometrists, physicians assistants, podiatrists, or audiologists, nor to persons who are licensed under Chapter 4 of Title 26 as pharmacists, but shall only be inapplicable to such persons when they are performing duties or functions which they are only authorized to perform pursuant to their respective licenses".

Senator Newbill of the 56th asked unanimous consent that her amendment be with drawn; the consent was granted, and the amendment offered by Senator Newbill of the 56th was withdrawn.

Senator Garner of the 30th offered the following amendment:

Amend the substitute to SB 41 offered by the Senate Committee on Special Judiciary by striking lines 17 through 19 of page 2.
By striking "(d)" and inserting "(c)" on line 20 of page 2.

Senator Garner of the 30th asked unanimous consent that his amendment be with drawn; the consent was granted, and the amendment offered by Senator Garner of the 30th was withdrawn.

Senators Dawkins of the 45th and Newbill of the 56th offered the following amendment:

Amend the substitute to SB 41 offered by the Senate Committee on Special Judiciary by striking lines 18 and 19 of page 2 and inserting in their place the following:
"who are performing tasks associated with their normal or ordinary course of business or their trade or profession."

On the adoption of the amendment offered by Senators Dawkins of the 45th and Newbill of the 56th, the yeas were 30, 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:

Abernathy Alien Balfour Baugh Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cheeks

Clay Coleman Crotts Dawkins Day Dean Edge Egan Farrow Gillis Gochenour

Harbison Hemmer Henson Hill Hooks Huggins Isakson Kemp Langford of 35th Langford of 29th Madden

THURSDAY, FEBRUARY 25, 1993

769

Marable Middleton Newbill Oliver Parrish Perdue

Pollard Ragan of 32nd Ralston Ray Scott Slotin

Starr Taylor Thomas Thompson Turner Tysinger

Those not voting were Senators:

Garner (presiding) Glanton

Ragan of llth Robinson

Walker

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 Hooks of the 14th introduced a group of people from Peach County/Fort Valley who are affiliated with the Peach Festival, and Sissy Jones, director, briefly addressed the Senate.

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

Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House and Senate:

HB 593. By Representatives Childers of the 13th, Skipper of the 137th, Walker of the 141st, Lee of the 94th and Groover of the 125th:
A bill to amend Article 2 of Chapter 11 of Title 31 of the Official Code of Georgia Annotated, relating to the licensing requirements of ambulance services in the state, so as to delete the existing application fee and to add an annual license fee to be paid by all ambulance services in an amount to be set by the Board of Human Resources and to provide that the amount of said fee be deposited into the Indigent Care Trust Fund.

SB 51. By Senators Gillis of the 20th, Huggins of the 53rd and Perdue of the 18th:
A bill to amend Code Section 12-6-5 of the Official Code of Georgia Annotated, relating to the powers and duties of the State Forestry Commission, so as to authorize the director of the State Forestry Commission to accept the service of unpaid volunteers for certain duties; to authorize the reimbursement of such per sons for certain expenses; to provide that such persons shall not be employees of the state.

Serving as doctor of the day today was Dr. Waights Henry of Marietta, Georgia.

Senator Gillis of the 20th moved that the Senate stand in recess until 5:30 o'clock P.M. today, and at that time stand adjourned until 9:30 o'clock A.M. tomorrow.

At 11:15 o'clock A.M., Senator Garner of the 30th, President Pro Tempore, who was presiding, announced the motion prevailed.

770

JOURNAL OF THE SENATE

Senate Chamber, Atlanta, Georgia Friday, February 26, 1993
Twenty-seventh Legislative Day

The Senate met pursuant to adjournment at 9:30 o'clock A.M. today and was called to order by the President.
Senator Huggins of the 53rd reported that the Journal of yesterday's proceedings had been read and found correct.
By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House:
HB 49. By Representatives Poston of the 3rd, Holland of the 157th, Porter of the 143rd and Turnquest of the 73rd:
A bill to amend Chapter 1 of Title 45 of the Official Code of Georgia Annotated, relating to general provisions regarding public officers and employees, so as to regulate the receiving and investigating of complaints or information from public employees concerning fraud, waste, and abuse in or relating to any state pro grams or operations.
HB 607. By Representative Holmes of the 53rd:
A bill to amend Chapter 10 of Title 36 of the Official Code of Georgia Annotated, relating to public works contracts, so as to provide for additional matters which may be considered with respect to the determination of whether a bidder is re sponsible in any county of this state having a population of 550,000 or more ac cording to the United States decennial census of 1980 or any future such census.
HB 657. By Representatives Bordeaux of the 151st, Pelote of the 149th, Mueller of the 152nd, Johnson of the 153rd and Johnson of the 148th:
A bill to amend an Act creating the State Court of Chatham County, so as to change the compensation of the judges of the state court; to amend an Act pro viding for the compensation of certain officials in Chatham County, so as to de lete the provisions relating to compensation of judges of the State Court of Chat ham County.
HB 743. By Representatives Bordeaux of the 151st, Dixon of the 150th, Johnson of the 153rd, Pelote of the 149th and Johnson of the 148th:
A bill to amend an Act providing for a chief judge of the Recorder's Court of Chatham County, so as to change the provisions relating to the designation of the chief judge.

FRIDAY, FEBRUARY 26, 1993

771

HB 830. By Representatives Lee of the 94th, Benefield of the 96th, Buckner of the 95th, Johnson of the 97th and Bailey of the 93rd: A bill to amend an Act creating the Clayton County board of commissioners, so as to change the composition of districts from which members of the Clayton County board of commissioners are elected.
HB 831. By Representatives Lee of the 94th, Benefield of the 96th, Buckner of the 95th, Johnson of the 97th and Bailey of the 93rd: A bill to amend an Act changing the composition of and manner of selection of the Clayton County board of education, so as to change the composition of dis tricts from which members of the Clayton County board of education are elected.
HB 853. By Representative Godbee of the 145th: A bill to amend an Act providing a new charter for the City of Millen, so as to change the corporate limits of the city.
HB 867. By Representative Purcell of the 147th: A bill to amend an Act creating the board of commissioners of Effingham County and provide for their election and defining the duties of said commissioners; so as to provide for an increase in the compensation paid to each member of the gov erning authority of Effingham County.
HB 868. By Representatives Westmorland of the 104th and Lakly of the 105th: A bill to amend an Act creating and incorporating Peachtree City, so as to change the corporate limits of the city.
HB 869. By Representative Mosley of the 171st: A bill to amend an Act placing the sheriff of Long County on an annual salary in lieu of the fee system of compensation, so as to change the provisions relating to the deputy sheriffs of the sheriff.
HB 871. By Representatives Hembree of the 98th and Chandler of the 99th: A bill to amend an Act creating a new charter for the City of Douglasville, so as to change the corporate limits of said city.
HB 21. By Representative Parham of the 122nd: A bill to amend Code Section 40-5-71 of the Official Code of Georgia Annotated, relating to suspension of a driver's license for failure to maintain proof of insur ance, so as to repeal the requirement that a driver's vehicle registration and li cense plate are suspended for failure to maintain proof of insurance.
HB 83. By Representatives Walker of the 141st, McBee of the 88th, Ashe of the 46th, Skipper of the 137th, Smith of the 109th and others: A bill to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to enact the "Local Government Efficiency 2000 Act".
HB 84. By Representatives Walker of the 141st, McBee of the 88th, Ashe of the 46th, Scoggins of the 24th, Buck of the 135th and others: A bill to amend Chapter 30 of Title 36 of the Official Code of Georgia Annotated, relating to municipal corporations in general, so as to provide for the automatic termination on a certain date of any municipal corporation which does not pro vide certain governmental services.

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HB 140. By Representative. Watson of the 139th:
A bill to amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions concerning torts, so as to prescribe the duties and liabilities of operators of roller skating centers and persons who utilize roller skating centers.
HB 205. By Representative Jenkins of the 110th:
A bill to amend Code Section 15-16-1 of the Official Code of Georgia Annotated, relating to qualifications and training requirements of sheriffs, so as to change the qualifications for such office.
HB 213. By Representative Twiggs of the 8th:
A bill to amend Chapter 25 of Title 43 of the Official Code of Georgia Annotated, relating to operators of motor vehicle racetracks, so as to transfer licensing au thority and responsibility from the commissioner of public safety to the Safety Fire Commissioner.
HB 246. By Representative Connell of the 115th:
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 no public officer or agency shall be required to provide access to public records which are to be used for commercial solicitation.
HB 415. By Representatives Crews of the 78th, Randall of the 127th, Wall of the 82nd, Joyce of the 1st, Jones of the 71st and others:
A bill to amend Article 1 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to homicide, so as to prohibit certain acts which assist in the commission of suicide or which cause the death of another by suicide.
HB 547. By Representatives Watts of the 26th, Dover of the 9th, Lee of the 94th, Connell of the 115th, Floyd of the 172nd and others:
A bill to amend Article 10 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of motor vehicles and mobile homes, so as to provide that certain heavy-duty equipment used for construction pur poses which is owned by a nonresident and operated in this state after January 1 of any year and which was brought into Georgia from a state which subjects to taxation heavy-duty equipment owned by residents of this state shall be subject to ad valorem taxation.
HB 737. By Representatives Watts of the 26th, Parham of the 122nd, Groover of the 125th, Coleman of the 142nd, Parrish of the 144th and others:
A bill to amend Article 10 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to contracts by public schools, so as to authorize local boards of education to transact business with certain financial institutions notwithstand ing certain relationships between members of the board and such financial institutions.
HB 741. By Representatives Parrish of the 144th, Coleman of the 142nd, Lord of the 121st, Childers of the 13th, Parham of the 122nd and others:
A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to require insurance coverage for certain types of anti-cancer drug therapy.

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HB 753. By Representative Lane of the 55th: 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 change certain provi sions relating to regional development centers.
The House has passed, by substitute, by the requisite constitutional majority the fol lowing bill of the Senate:
SB 195. By Senators Isakson of the 21st, Clay of the 37th, Ragan of the 32nd and others: A bill to provide a homestead exemption from Cobb County ad valorem taxes for county purposes in an amount equal to the amount of the assessed value of the homestead which exceeds the assessed value of the homestead for the taxable year immediately preceding the taxable year in which that exemption is first granted to a resident for certain residents of that county who have annual in comes not exceeding $30,000.00 and who are 62 years of age or over.
The House has passed by the requisite constitutional majority the following bill of the House:
HB 280. By Representatives McKinney of the 51st and Martin of the 47th: A bill to amend an Act creating and establishing a purchasing department in certain counties of this state, so as to provide for factors that may be considered in determining whether a bidder is responsible.
HB 281. By Representative McKinney of the 51st: A bill to amend Code Section 36-10-2.1 of the Official Code of Georgia Anno tated, relating to letting of public works contracts by counties with a population of 550,000 or more, so as to authorize such counties to take female business en terprise compliance into account in letting contracts.
The following bills and resolution of the Senate were introduced, read the first time and referred to committees:
SB 328. By Senators Coleman of the 1st, Thompson of the 33rd and Taylor of the 12th: A bill to amend Title 32 of the Official Code of Georgia Annotated, known as the "Georgia Code of Public Transportation," so as to change the name of the State Tollway Authority to the Georgia Transportation Authority; to change the provi sions relating to the authority; to include rail passenger facilities among the projects authorized; to provide for powers and duties; to provide for an effective date.
Referred to Committee on Transportation.
SB 329. By Senator Baugh of the 25th: A bill to amend an Act providing for the appointment of the chief magistrate and other magistrates of the Magistrate Court of Baldwin County, as amended, so as to change the manner of selecting the chief magistrate of said magistrate court; to provide for a special election; to provide for future elections and terms of of fice; to provide for vacancies in the office of chief magistrate and magistrate.
Referred to Committee on Urban and County Affairs.
SB 330. By Senators Newbill of the 56th, Cheeks of the 23rd, Isakson of the 21st and Pollard of the 24th: A bill to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to provide for the licensing and regulation of

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home inspectors; to provide for a short title; to provide for definitions; to create the Georgia Home Inspector Licensing Board and provide for its members, pow ers, duties, and authority; to provide for compensation, expenses, quorums, quali fications, terms, practices, procedures, rules, and regulations of the board. Referred to Committee on Science, Technology, and Industry.
SB 331. By Senators Newbill of the 56th, Parrish of the 43rd, Walker of the 22nd and Oliver of the 42nd:
A bill to amend Chapter 8 of Title 32 of the Official Code of Georgia Annotated, relating to care of indigent and elderly patients, so as to change the type of health care for which counties are financially liable; to provide for legislative findings; to define certain terms; to provide for examinations to determine whether an emergency medical condition exists; to provide for further treatment or transfer. Referred to Committee on Health and Human Services.
SB 332. By Senator Walker of the 22nd:
A bill to amend Part 1 of Article 2 of Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to the State Board of Pharmacy, so as specifically to repeal certain rules of that board relating to patient counseling and provide that such rules will be void and of no force or effect; to provide an effective date. Referred to Committee on Health and Human Services.
SR 222. By Senator Perdue of the 18th:
A resolution to create the Senate Study Committee for a Seamless Education System. Referred to Committee on Rules.
The following bills of the House were read the first time and referred to committees:
HB 21. By Representative Parham of the 122nd:
A bill to amend Code Section 40-5-71 of the Official Code of Georgia Annotated, relating to suspension of a driver's license for failure to maintain proof of insur ance, so as to repeal the requirement that a driver's vehicle registration and li cense plate are suspended for failure to maintain proof of insurance. Referred to Committee on Public Safety.
HB 49. By Representatives Poston of the 3rd, Holland of the 157th, Porter of the 143rd and Turnquest of the 73rd:
A bill to amend Chapter 1 of Title 45 of the Official Code of Georgia Annotated, relating to general provisions regarding public officers and employees, so as to regulate the receiving and investigating of complaints or information from public employees concerning fraud, waste, and abuse in or relating to any state pro grams or operations. Referred to Committee on Ethics.
HB 83. By Representatives Walker of the 141st, McBee of the 88th, Ashe of the 46th and others:
A bill to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to enact the "Local Government Efficiency 2000 Act". Referred to Committee on Urban and County Affairs (General).

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HB 84. By Representatives Walker of the 141st, McBee of the 88th, Ashe of the 46th and others:
A bill to amend Chapter 30 of Title 36 of the Official Code of Georgia Annotated, relating to municipal corporations in general, so as to provide for the automatic termination on a certain date of any municipal corporation which does not pro vide certain governmental services. Referred to Committee on Urban and County Affairs (General).
HB 140. By Representative Watson of the 139th:
A bill to amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions concerning torts, so as to prescribe the duties and liabilities of operators of roller skating centers and persons who utilize roller skating centers. Referred to Committee on Judiciary.
HB 205. By Representative Jenkins of the 110th:
A bill to amend Code Section 15-16-1 of the Official Code of Georgia Annotated, relating to qualifications and training requirements of sheriffs, so as to change the qualifications for such office. Referred to Committee on Public Safety.
HB 213. By Representative Twiggs of the 8th:
A bill to amend Chapter 25 of Title 43 of the Official Code of Georgia Annotated, relating to operators of motor vehicle racetracks, so as to transfer licensing au thority and responsibility from the commissioner of public safety to the Safety Fire Commissioner. Referred to Committee on Insurance and Labor.
HB 246. By Representative Connell of the 115th:
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 no public officer or agency shall be required to provide access to public records which are to be used for commercial solicitation. Referred to Committee on Judiciary.
HB 415. By Representatives Crews of the 78th, Randall of the 127th, Wall of the 82nd and others:
A bill to amend Article 1 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to homicide, so as to prohibit certain acts which assist in the commission of suicide or which cause the death of another by suicide. Referred to Committee on Special Judiciary.
HB 547. By Representatives Watts of the 26th, Dover of the 9th, Lee of the 94th and others:
A bill to amend Article 10 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of motor vehicles and mobile homes, so as to provide that certain heavy-duty equipment used for construction pur poses which is owned by a nonresident and operated in this state after January 1 of any year and which was brought into Georgia from a state which subjects to taxation heavy-duty equipment owned by residents of this state shall be subject to ad valorem taxation. Referred to Committee on Finance and Public Utilities.

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HB 593. By Representatives Childers of the 13th, Skipper of the 137th, Walker of the 141st and others:
A bill to amend Article 2 of Chapter 11 of Title 31 of the Official Code of Georgia Annotated, relating to the licensing requirements of ambulance services in the state, so as to delete the existing application fee and to add an annual license fee to be paid by all ambulance services in an amount to be set by the Board of Human Resources and to provide that the amount of said fee be deposited into the Indigent Care Trust Fund.
Referred to Committee on Health and Human Services.
HB 737. By Representatives Watts of the 26th, Parham of the 122nd, Groover of the 125th and others:
A bill to amend Article 10 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to contracts by public schools, so as to authorize local boards of education to transact business with certain financial institutions notwithstand ing certain relationships between members of the board and such financial institutions.
Referred to Committee on Education.
HB 741. By Representatives Parrish of the 144th, Coleman of the 142nd, Lord of the 121st and others:
A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to require insurance coverage for certain types of anti-cancer drug therapy.
Referred to Committee on Insurance and Labor.
HB 753. By Representative Lane of the 55th:
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 change certain provi sions relating to regional development centers.
Referred to Committee on Urban and County Affairs (General).
HB 607. By Representative Holmes of the 53rd:
A bill to amend Chapter 10 of Title 36 of the Official Code of Georgia Annotated, relating to public works contracts, so as to provide for additional matters which may be considered with respect to the determination of whether a bidder is re sponsible in any county of this state having a population of 550,000 or more ac cording to the United States decennial census of 1980 or any future such census.
Referred to Committee on Urban and County Affairs (General).
HB 657. By Representatives Bordeaux of the 151st, Pelote of the 149th, Mueller of the 152nd and others:
A bill to amend an Act creating the State Court of Chatham County, so as to change the compensation of the judges of the state court; to amend an Act pro viding for the compensation of certain officials in Chatham County, so as to de lete the provisions relating to compensation of judges of the State Court of Chat ham County.
Referred to Committee on Urban and County Affairs.

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HB 743. By Representatives Bordeaux of the 151st, Dixon of the 150th, Johnson of the 153rd and others:
A bill to amend an Act providing for a chief judge of the Recorder's Court of Chatham County, so as to change the provisions relating to the designation of the chief judge. Referred to Committee on Urban and County Affairs.
HB 830. By Representatives Lee of the 94th, Benefield of the 96th, Buckner of the 95th and others:
A bill to amend an Act creating the Clayton County board of commissioners, so as to change the composition of districts from which members of the Clayton County board of commissioners are elected. Referred to Committee on Urban and County Affairs.
HB 831. By Representatives Lee of the 94th, Benefield of the 96th, Buckner of the 95th and others: A bill to amend an Act changing the composition of and manner of selection of the Clayton County board of education, so as to change the composition of dis tricts from which members of the Clayton County board of education are elected.
Referred to Committee on Urban and County Affairs.
HB 853. By Representative Godbee of the 145th: A bill to amend an Act providing a new charter for the City of Millen, so as to change the corporate limits of the city.
Referred to Committee on Urban and County Affairs.
HB 867. By Representative Purcell of the 147th: A bill to amend an Act creating the board of commissioners of Efnngham County and provide for their election and defining the duties of said commissioners; so as to provide for an increase in the compensation paid to each member of the gov erning authority of Efnngham County.
Referred to Committee on Urban and County Affairs.
HB 868. By Representatives Westmoreland of the 104th and Lakly of the 105th:
A bill to amend an Act creating and incorporating Peachtree City, so as to change the corporate limits of the city. Referred to Committee on Urban and County Affairs.
HB 869. By Representative Mosley of the 171st: A bill to amend an Act placing the sheriff of Long County on an annual salary in lieu of the fee system of compensation, so as to change the provisions relating to the deputy sheriffs of the sheriff.
Referred to Committee on Urban and County Affairs.
HB 871. By Representatives Hembree of the 98th and Chandler of the 99th: A bill to amend an Act creating a new charter for the City of Douglasville, so as to change the corporate limits of said city.
Referred to Committee on Urban and County Affairs.

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HB 280. By Representative McKinney of the 51st:
A bill to amend an Act creating and establishing a purchasing department in certain counties of this state, so as to provide for factors that may be considered in determining whether a bidder is responsible.
Referred to Committee on Urban and County Affairs (General).

HB 281. By Representative McKinney of the 51st:
A bill to amend Code Section 36-10-2.1 of the Official Code of Georgia Anno tated, relating to letting of public works contracts by counties with a population of 550,000 or more, so as to authorize such counties to take female business en terprise compliance into account in letting contracts.
Referred to Committee on Urban and County Affairs (General).

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

Mr. President:

The Committee on Finance and Public Utilities has had under consideration the follow ing bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SB 250. Do pass by substitute.
Respectfully submitted,
Senator Starr of the 44th District, Chairman

Mr. President:

The Committee on Finance and Public Utilities has had under consideration the follow ing bills and resolutions of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SB 282. SR 200. HB 62. HB 379.

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

HB 303. HR 121. HR 228. HR 229. Respectfully submitted,

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

Senator Starr of the 44th District, Chairman

Mr. President:

The Committee on Governmental Operations has had under consideration the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:
SB 149. Do pass as amended. SB 283. Do pass. HB 297. Do pass as amended.
Respectfully submitted,
Senator Alien of the 2nd District, Chairman

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779

Mr. President:

The Committee on Health and Human Services has had under consideration the follow ing bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SB 49. Do pass by substitute.
Respectfully submitted,
Senator Walker of the 22nd District, Chairman

Mr. President:

The Committee on Judiciary has had under consideration the following bills of the Sen ate and House and has instructed me to report the same back to the Senate with the follow ing recommendations:

SB 207. Do pass by substitute. SB 244. Do pass.

HB 227. Do pass. HB 254. Do pass.

Respectfully submitted,

Senator Oliver of the 42nd District, Chairman

Mr. President:

The Committee on Science, Technology and Industry 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 39. Do pass as amended. HB 258. Do pass by substitute.
Respectfully submitted,
Senator Tysinger of the 41st District, Chairman

Mr. President:

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

SB 36. Do pass as amended.

HB 374. Do pass.

HB 79. Do pass. HB 298. Do pass by substitute.

HB 600. Do pass.

Respectfully submitted,

Senator Egan of the 40th 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 284. Do pass by substitute.

HB 470. Do pass.

SB 297. Do pass.

HB 717. Do pass.

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HB 780.

Do pass as amended.

HB 793. Do pass.

Respectfully submitted,

Senator Thompson of the 33rd District, Chairman

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

SB 46. By Senator Walker of the 22nd:
A bill to amend Part 3 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to public school health, so as to authorize local boards of education to provide for health services; to provide for a short title, legislative intent, and definitions; to provide for health services plans and the authority and duties of local boards of education with respect to those plans; to provide for immunity from liability.

SB 206. By Senators Dawkins of the 45th, Slotin of the 39th, Starr of the 44th and others:
A bill to amend Article 1 of Chapter 4 of Title 3 of the Official Code of Georgia Annotated, relating to general provisions applicable to distilled spirits, so as to provide that the state revenue commissioner shall be authorized by rules and regulations to permit licensed retail dealers in distilled spirits to display signs inside and outside their retail establishments which advertise or promote certain lawful lotteries, provided that such signs are in compliance with certain laws.

SB 263. By Senators Walker of the 22nd and Cheeks of the 23rd:
A bill to amend Article 3 of Chapter 11 of Title 31 of the Official Code of Georgia Annotated, relating to emergency medical services, so as to repeal certain recertification requirements for emergency medical technicians, paramedics, and car diac technicians; to repeal active practice requirements; to repeal certain grounds for revocation of certificates; to provide for applicability.

SR 21. By Senators Isakson of the 21st, Garner of the 30th, Thompson of the 33rd and Clay of the 37th:
A resolution creating the Atlanta Campaign Commission.

SR 180. By Senator Bowen of the 13th:
A resolution authorizing the granting of a nonexclusive easement for operation and maintenance of electrical transmission lines in, on, over, under, upon, across, or through property owned by the State of Georgia in Crisp County, Georgia; to provide an effective date.

SR 195. By Senators Gochenour of the 27th, Tysinger of the 41st, Newbill of the 56th and others:
A resolution urging Congress to take all steps necessary to preserve the ban prohibiting the service of homosexuals in the military.

HB 4. By Representative Lane of the 55th:
A bill to amend Code Section 40-8-76.1 of the Official Code of Georgia Anno tated, relating to the use of safety belts in passenger vehicles, so as to provide that in any case where a minor passenger over four years of age fails to use a safety belt in a passenger vehicle as required by law, the driver of the passenger vehicle shall be guilty of the offense of failure to secure a safety belt on a minor.

FRIDAY, FEBRUARY 26, 1993

781

HB 93. By Representatives Ray of the 128th, Snow of the 2nd and Bates of the 179th:
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 enact the "Motorized Wheelchair Warranty Act".
HB 94. By Representatives Ray of the 128th, Snow of the 2nd, Carrell of the 87th and Bates of the 179th:
A bill to amend Part 2 of Article 10 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to handicapped parking, so as to change certain penalties for violations of the handicapped parking laws.
HB 168. By Representatives Taylor of the 134th, Buck of the 135th, Culbreth of the 132nd and others:
A bill to amend Article 3 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to employees' records checks for Day Care Centers, so as to add definitions; to provide for records checks of foster parents used by licensed child-placing agencies.
HB 174. By Representatives Powell of the 23rd, Watson of the 139th, Snow of the 2nd and Bailey of the 93rd:
A bill to amend Part 2 of Article 2 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to bingo, so as to provide for the operation of recreational bingo games which shall not be subject to the same licensing require ments and regulations applicable to certain bingo games operated by nonprofit, tax-exempt organizations.
HB 296. By Representatives Sinkfield of the 57th, McKinney of the 51st, Royal of the 164th and others:
A bill to amend Code Section 49-4A-8 of the Official Code of Georgia Annotated, relating to commitment of delinquent and unruly children, so as to provide cer tain law enforcement powers to peace officers of facilities operated by the De partment of Children and Youth Services.
HB 306. By Representatives Sinkfield of the 57th, McKinney of the 51st, Royal of the 164th and others:
A bill to amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to provide a probation officer with discre tionary authority for the taking into custody and detention of a child under the supervision or care of such officer.
HB 335. By Representative Randall of the 127th:
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 home care operators from making certain representations re garding services.
HB 340. By Representatives Lucas of the 124th, Davis of the 48th, Lawrence of the 64th and others:
A bill to amend Article 1 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to the regulation of hospitals and related institutions, so as to revise the definition of personal care home.

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JOURNAL OF THE SENATE

HB 400. By Representatives Skipper of the 137th, Childers of the 13th and Culbreth of the 132nd:
A bill to amend Code Section 43-39-7 of the Official Code of Georgia Annotated, relating to practicing psychology without a license, so as to provide that persons practicing psychology in certain positions shall not be required to possess a valid license.
HB 428. By Representative Smith of the 174th:
A bill to amend Part 4 of Article 3 of Chapter 2 of Title 38 of the Official Code of Georgia Annotated, relating to rights, privileges, and prohibitions applicable to personnel of the organized militia, so as to extend such rights, privileges, and prohibitions to residents of this state who are members of the organized militia of another state.
HB 520. By Representatives Ray of the 128th, Murphy of the 18th, Parham of the 122nd and Watson of the 139th:
A bill to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates, so as to change certain definitions; to provide that antique and hobby or special interest vehicles may be operated without restrictions or limitations; 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 exempt antique and hobby or special interest motor vehicles from excessive ad valorem taxes.
HR 49. By Representative Colwell of the 7th: A resolution repealing a certain resolution which authorized and empowered the State Properties Commission, for and on behalf of and in the name of the State of Georgia, to convey or lease certain state owned real property located in Butts County, Georgia, to the board of commissioners of Butts County.
HR 122. By Representative Parham of the 122nd: A resolution authorizing the conveyance of certain state owned real property lo cated in Baldwin County.
HR 123. By Representatives James of the 140th and Colwell of the 7th: A resolution authorizing the conveyance of certain state owned real property lo cated in Macon County.
HR 125. By Representative Parham of the 122nd:
A resolution authorizing the granting of a non-exclusive 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 Baldwin County.
HR 182. By Representative Jamieson of the 22nd: A resolution authorizing the subleasing of interests in certain real property owned by the State of Georgia in Rabun County.
The President called for the morning roll call, and the following Senators answered to their names:

Alien Balfour Baugh

Blitch Boshears Bowen

Broun of 46th Brown of 26th Burton

FRIDAY, FEBRUARY 26, 1993

783

Cheeks Clay Coleman Dawkins
Dav Dean Edge Egan Farrow Garner Gillis Glanton
Gochenour Harbison Hemmer

Henson Hill Hooks Huggins
Isakson Kemp Langford of 29th Madden Marable Middleton Newbill Oliver
Parrish Perdue Pollard

Ragan of llth Ragan of 32nd Ralston Ray Robinson o,,
Tavlor Thomas Thompson Turner Tysinger Walker

Those not answering were Senators:

Abernathy

Crotts

Langford of 35th

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

Senator Middleton of the 50th introduced the chaplain of the day, Dr. Robert Green, pastor of Dahlonega Baptist Church, Dahlonega, Georgia, who offered scripture reading and prayer.

The following resolutions of the Senate were read and adopted:

SR 221. By Senators Perdue of the 18th and Broun of the 46th:
A resolution commending the University System of Georgia Outstanding Schol ars on Academic Recognition Day.

SR 223. By Senator Hooks of the 14th: A resolution commending the Macon County High School Lady Bulldogs.

SR 224. By Senators Thompson of the 33rd, Isakson of the 21st, Ragan of the 32nd and Clay of the 37th:
A resolution recognizing the Cobb County Police Department's Community Ori ented Police Enforcement (COPE) program.

Senator Garner of the 30th introduced George J. Faz, senior administrator with the federal Drug Enforcement Agency, having been commended by SR 28, adopted previously, who 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
Friday, February 26, 1993 TWENTY-SEVENTH LEGISLATIVE DAY (The names listed with each bill are the Senators whose districts are affected by the legislation.)

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*SB 284 Thompson, 33rd Glanton, 34th CITY OF AUSTELL
Provides for new charter for the City of Austell; provides for administrative duties of mayor and council; powers, duties, and functions, duties of various city departments; mayor's veto. (SUBSTITUTE)
SB 297 Edge, 28th CITY OF NEWNAN
Creates a new charter for the City of Newnan; additional powers, duties or mayor and council with respect for cable television services and systems; pro vides for legislative intent; eminent domain; provides for issuance of bonds.
HB 470 Hooks, 14th SUMTER COUNTY
Creates the state court of Sumter County; changes the beginning date of the January term of court.
HB 717 Huggins, 53rd CITY OF TRION
Incorporates the Town of Trion; reconstitutes the Board of Education; pro vides for its powers, duties, rights, obligations and liabilities and subjects it to certain constitutional and statutory provisions.
*HB 780 Pollard, 24th WILKES COUNTY
Provides for an annual salary for the Wilkes County coroner; changes the salary. (AMENDMENT)
HB 793 Baugh, 25th JASPER COUNTY
Creates a board of commissioners for Jasper County; reapportions the dis tricts from which commissioners are elected.
The amendments and substitute to the following bills were put upon their adoption:
*SB 284:
The Senate Committee on Urban and County Affairs offered the following substitute to SB 284:
A BILL
To be entitled an Act to amend an Act providing a new charter for the city of Austell, approved March 28, 1986 (Ga. L. 1986, p. 4902), as amended, particularly by an Act ap proved April 4, 1991 (Ga. L. 1991, p. 4498), so as to change certain provisions relating to the administrative responsibilities of the mayor, city council, and the directors of various city departments; to delete the position of administrative supervisor; to change certain provi sions relating to the exercise of the mayor's veto; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act providing a new charter for the city of Austell, approved March 28, 1986 (Ga. L. 1986, p. 4902), as amended, particularly by an Act approved April 4, 1991 (Ga.

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785

L. 1991, p. 4498), is amended by striking in its entirety Section 2.10 and inserting in lieu thereof a new Section 2.10 to read as follows:
"Section 2.10. City Council. The legislative authority of the government of this city, except as otherwise specifically provided in this charter, shall be vested in a city council to be composed of a mayor and six councilmembers. The mayor and councilmembers shall be elected in a manner provided by Article V of this charter."
Section 2. Said Act is further amended by striking in its entirety Section 2.17 and in serting in lieu thereof a new Section 2.17 to read as follows:
"Section 2.17. General power and authority of the city council.
(a) Except as otherwise provided by this charter, the city council shall be vested with all the powers of government of this city as provided by Article I.
(b) The city council shall, through its respective committees, supervise and assist the department directors in the administration of their respective departments. In supervising the department directors and administering its other duties, the city council shall follow the administrative procedures set forth in this charter, city ordinance, or general state law."
Section 3. Said Act is further amended by striking in its entirety Section 2.18 and in serting in lieu thereof a new Section 2.18 to read as follows:
"Section 2.18. Organizational meeting. The city council shall hold its organizational meeting at the first regular meeting of the city council on the first Monday in January each year, unless it is a legal holiday, then on the second Monday or as soon thereafter as is practicable. The oath of office shall be administered to the incoming mayor and councilmembers prior to or on the date of such meeting and the incoming mayor shall call the meeting to order. The oath of office administered to newly elected members shall be as follows:
'I do solemnly swear (or affirm) that I will well and truly perform the duties of mayor (or councilmember, as the case may be) of the City of Austell, to the best of my skill and ability, and as seems to me, for the best interest and welfare of said city, without fear, favor, or affection, and that I will support and defend the charter thereof as well as the Constitu tGioond.a'"nd laws of the State of Georgia and of the United States of America, so help me
Section 4. Said Act is further amended by striking in its entirety Section 2.20 and in serting in lieu thereof a new Section 2.20 to read as follows:
"Section 2.20. Rules of procedure and committee appointment, (a) The city council shall adopt its rules of procedure and order of business consistent with the provisions of this charter and shall provide for keeping minutes of its proceedings, which shall be a public record.
(b) The mayor shall appoint, at the first regular council meeting of each year, a council committee to supervise and assist each of the department directors in the management of the respective administrative departments established in Section 3.10 of this charter. Each council committee shall consist of at least two councilmembers other than the mayor. The major shall be an ex officio member of each committee.
(c) The mayor shall appoint a chairperson and vice chairperson of each council commit tee. The chairperson shall preside at council committee meetings. The chairperson shall be the liaison between the department director and the council committee and shall be primar ily responsible for assisting the department director in the administration of the depart ment. The committee shall be responsible for the personnel evaluation of the department director in the administration of the department.
(d) The council committee shall review administrative items presented by the depart ment director and shall either disapprove the item without submission to the city council or

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recommend to the city council that such item be approved or disapproved. Any item disap proved by the city council may nonetheless be presented to the city council by the depart ment director as an agenda item for approval or disapproval by the full city council.
(e) Each committee chairperson shall have the right to call meetings of the committee and shall have the power from time to time to authorize budgeted purchases up to a dollar amount set by the council without first obtaining specific committee or council approval of the item, provied that all other provisions of the charter and the ordinances of the city are complied with, including bid requirements, if applicable. Approval for such expenditures shall be documented with a copy provided to the director of finance as soon as possible after the purchase.
(f) Each committee shall have the power from time to time to authorize budgeted purchases up to a dollar amount set by the council without first obtaining specific city coun cil approval for the item, provided that all other provisions of the charter and the ordi nances of the city are complied with, including bid requirements, if applicable. Approval for such expenditures shall be documented with a copy provided to the director of finance as soon as possible after the purchase.
(g) The vice chairperson shall be authorized to act as the chairperson of the committee upon the absence, disability, or death of the chairperson until such absence or disability ceases or until a new chairperson is appointed by the mayor at a regular city council meeting."
Section 5. Said Act is further amended by striking in its entirety subsection (b) of Sec tion 2.26 and inserting in lieu thereof the following:
"(b) The city council shall provide for the preparation of a general codification of all of the ordinances of the city having the force and effect of law. The general codification shall be adopted by the city council and shall be published as soon as is practicable, together with all amendments thereto and such codes of technical regulations, which may be separate standard code books, and other rules and regulations as the city council may specify. This compilation shall be known and cited officially as 'The Code of Ordinances, City of Austell, Georgia.' Said code shall be supplemented and updated regularly. Copes of the Code shall be furnished to the mayor, councilmembers, city clerk, city attorney, municipal court judge, police chief, and such other officers, departments, and agencies of the city as the city council may direct. Copies shall be made available for purchase by the public at a reasonable price as fixed by the city council."
Section 6. Said Act is further amended by striking in their entireties Sections 2.27, 2.29, 2.30, and 2.31 and inserting in lieu thereof, in each instance, the following:
"Reserved."
Section 7. Said Act is further amended by striking in its entirety Section 2.34 and in serting in lieu thereof a new Section 2.34 to read as follows:
"Section 2.34. Powers and duties of the Mayor. The mayor shall have the following powers and duties:
(1) To preside at all meetings of the city council and to have the right to take part in the deliberations of the council but shall not have the right to vote on any question except in the case of a tie;
(2) To be the official head and spokesperson for the city for service of process and ceremonial purposes;
(3) To sign as a matter of course all written contracts, ordinances, deeds, and other instruments executed by the city which by law are required to be in writing;
(4) To cosign, along with the director of finance, all checks for the payment of money; alternate signatories may be designed by city ordinance;
(5) To have veto power as set out in Section 2.35 of this charter;

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(6) To keep the council advised from time to time of the general condition of the city and to recommend such measures as he or she may deem necessary or expedient for the welfare of the city;
(7) To call special meetings of the city council as provided in this charter;
(8) To appoint at the first meeting each year, or as soon thereafter as expedient, mem bers of the following standing committees: police, fire, streets and sanitation, water and sewerage, parks and recreation, general administration and finance, community develop ment, gas system liaison, and such other committees as the mayor and council may deem necessary;
(9) To appoint, with the advice and consent of the city council, all department directors and in such manner to fill any vacancy in any such office;
(10) To pardon or parole any offender against the ordinances of the City of Austell;
(11) To see that all laws, provisions of this charter, and acts of the governing body are faithfully executed;
(12) To submit to the city council and make available to the public a complete report on the finances of the city as of the end of each fiscal year and a complete report on admin istrative activities for the city as of the end of each calendar year; and
(13) To perform such other duties as may be required by general state law, this charter, or city ordinance."
Section 8. Said Act is further amended by striking in its entirety subsection (b) of Sec tion 2.35 and inserting in lieu thereof a new subsection to read as follows:
"(b) If such matter is vetoed by the mayor, such veto must be submitted in writing to the city clerk within four days of passage. The mayor .may sign an approval of any council action at the time of passage. Such approved actions may not thereafter be subject to veto by the major and shall be effective upon approval. If an item is neither approved nor disap proved, it shall become effective at 12:00 noon on the fourth calendar day after its adoption. If the mayor vetoes an item, the mayor shall submit to the city council through the clerk a written statement of the reason for the veto. If the item is vetoed, the clerk shall record upon the item the date of its veto by the mayor."
Section 9. Said Act is further amended by striking in their entireties subsections (c) and (d) of Section 3.10 and inserting in lieu thereof respectively, the following:
"(c) Except as may otherwise be provided in this charter, the city council, by ordinance, shall prescribe the functions or duties of and establish, abolish, or alter all nonelective of fices, positions of employment, departments, and agencies of the city, as is necessary for the proper administration of the affairs and government of this city. Subject to the foregoing, the following administrative departments are established: police, streets and sanitation, water and sewerage, parks and recreation, general administration and finance, and fire.
(d) There shall be a director of each department or agency of the city who shall be its principal officer. Each director shall be appointed by the major, with the advice and consent of the city council, at the first annual regular city council meeting or upon the vacancy in the department director's position. A department director may only be removed by the mayor for cause pursuant to the terms of the personnel policies as adopted by the city council."
Section 10. Said Act is further amended by redesignating Sections 3.11, 31.12, 3.13, and 3.14 as 3.12, 3.13, 3.14, and 3.15 respectively; by inserting immediately following Section 3.10 the following:
"Section 3.11. Powers and duties of the department directors. The department director shall be the administrative official of the department and shall be responsible to the city

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council for the administration of his or her department. The department directors shall have the following powers and duties:
(1) To hire, appoint, evaluate, reprimand, and subject to adverse disciplinary action all city employees supervised by the department directors within their departments, except as otherwise provided by general state law, this charter, city ordinance, or personnel policies adopted pursuant to this charter. The procedure to be followed by the department directors in fulfilling such duties shall be governed by the personnel policies as adopted by the city council;
(2) To attend all city council meetings and their respective committee meetings:
(3) To submit to the finance director an annual budget for their respective depart ments. The department budgets will be compiled into a proposed balanced budget by the finance director and submitted to the General Administration and Finance committee for review and recommendation to the city council for approval;
(4) To advise their respective committees as to the future needs of their departments;
(5) To make any report as the council committee or city council may require concerning the operation of their departments and of any employees subject to their direction and supervision;
(6) To prepare an inventory showing all real and personal property utilized by their departments and to submit such inventory to the finance director for compilation;
(7) To make budgeted purchases from time to time of supplies, materials and equip ment for their departments up to a dollar amount set by the council without first obtaining specific approval of the committee chairperson, the council committee, or the city council, provided that all other provisions of this charter and the ordinances of the city are complied with, including bid requirements, if applicable. All purchases in excess of such amount must be approved by the committee chairperson, the council committee, or the city council, de pending on the amount of the expenditure;
(8) To recommend to the council committee items of city personal property which the department director deems to be unnecessary or unfit for the use of the city. Upon approval by the council committee, the department director shall conduct all sales of such property declared to be surplus. The department director shall make all necessary publications and notices, procure bids, and, with the assistance of the finance director, conduct the bid open ings and the sales;
(9) To be responsible for the preparation and publication of all notices and announce ments required by law with respect to the operation of their departments. Such notices shall be given to the city clerk for review and submittal for publishing;
(10) To supervise and report to the proper council committee regarding the perform ance of all contacts made for services or materials related to their departments; and
(11) To perform such other duties as may be assigned by the city council, the city char ter, city ordinance, or general state law.";
and by striking newly redesignated Sections 3.13 and 3.14 and inserting in lieu thereof the following:
"Section 3.13. City attorney. The General Administration and Finance Committee shall nominate, for approval by the city council, a city attorney, together with such assistant city attorneys as may be authorized, and shall provide for the payment of such attorney or attor neys for services rendered to the city.
Section 3.14. City clerk. The General Administration and Finance Committee shall nominate, the city clerk for approval by the city council. Such nomination and council vote shall occur at the first regular city council meeting each year or upon a vacancy in such position. The duties of the city clerk shall be:
(1) To keep an accurate record and minutes of all meetings of the city council, to keep

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789

and affix the city seal as required to all official documents of the city, to attest the mayor's execution of official documents, and to certify under the city's seal such documents as may require certification;
(2) To maintain all city maps and update same on a regular basis to reflect appropriate changes thereon; and
(3) To perform such other duties as the city council may establish and as required by the city charter, city ordinance, or general state law."
Section 11. Said Act is further amended by striking in its entirety Section 4.11 and inserting in lieu thereof the following:
"Section 4.11. Judge. No person shall be qualified or eligible to serve as a judge of the municipal court unless he or she shall have attained the age of 21 years and is a resident of Cobb County or Douglas County, Georgia. Members of the State Bar of Georgia shall be given preference in selection, but it is not required that the judge be a member of the State Bar. The judge shall be appointed by the General Administration and Finance Committee for approval by the city council. The judge may be removed from office by the city council in accordance with and as provided in Sections 5.18 and 5.19 of this charter. The compensa tion of the judge shall be set by the city council. Before entering on the duties of his or her office, the judge shall take an oath given by the mayor that he or she will honestly and faithfully discharge the duties of his or her office to the best of his or her ability without fear, favor, or partiality. The oath shall be filed with the city clerk."
Section 12. Said Act is further amended by striking in its entirety Section 5.18 and inserting in lieu thereof the following:
"Section 5.18. Grounds for removal. The mayor, councilmembers, or appointed persons filling nonemployee positions provided for in this charter shall be removed from office only for any one or more of the following causes:
(1) Incompetence, misfeasance, or malfeasance in office;
(2) Conviction of a crime involving moral turpitude;
(3) Failure at any time to possess any of the qualifications of office as provided by this charter or by law;
(4) Knowingly violating any express prohibition of this charter;
(5) Abandonment of office or neglect to perform the duties thereof; or
(6) Failure for any other cause to perform the duties of office as required by this charter or by state law."
Section 13. All laws and parts of laws in conflict with this Act are repealed.
Senator Thompson of the 33rd offered the following amendment:
Amend the substitute to SB 284 offered by the Senate Committee on Urban and County Affairs by changing on page 3, line 24, "major shall" to "mayor shall".
On the adoption of the amendment, the yeas were 44, nays 0, and the amendment was adopted.
On the adoption of the substitute, the yeas were 44, nays 0, and the substitute was adopted as amended.
*HB 780:
The Senate Committee on Urban and County Affairs offered the following amendment:

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Amend HB 780 by striking lines 14 through 18 of page 1 and inserting in lieu thereof the following:
"Section 1. The coroner of Wilkes County shall receive an".
By striking lines 24 and 25 of page 1 and inserting in lieu thereof the following:
"Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without such approval.".

On the adoption of the amendment, the yeas were 44, nays 0, and the amendment was adopted.

The report of the committee, which was favorable to the passage of the bills as re ported, was agreed to as amended.

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:

Abernathy Alien Balfour Baugh Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cheeks Clay Coleman Day Dean

Edge Egan Farrow Gillis Glanton Gochenour Hill Hooks Huggins Isakson Langford of 35th Langford of 29th Madden Marable Middleton

Newbill Oliver Parrish Pollard Ragan of llth Ragan of 32nd Ralston Robinson Slotin Starr Thomas Thompson Turner Tysinger

Those not voting were Senators:

Crotts Dawkins Garner Harbison

Hemmer Henson Kemp Perdue

Ray Scott Taylor Walker

On the passage of all the local bills, the yeas were 44, nays 0.

All the bills on the Senate Local Consent Calendar, except SB 284 and HB 780, having received the requisite constitutional majority, were passed.

SB 284, having received the requisite constitutional majority, was passed by substitute.

HB 780, having received the requisite constitutional majority, was passed as amended.

Senator Edge of the 28th moved that Senator Crotts of the 17th be excused due to his being out of town with the Governor.

On the motion, the yeas were 34, nays 0; the motion prevailed, and Senator Crotts of the 17th was excused from the Senate today.

FRIDAY, FEBRUARY 26, 1993

791

The following general commemorative resolutions of the House, favorably reported by the committee, were read the third time and put upon their adoption:

GENERAL CONSENT CALENDAR FOR COMMEMORATIVE RESOLUTIONS Friday, February 26, 1993
TWENTY-SEVENTH LEGISLATIVE DAY

HR 55. By Representatives Pinholster of the 15th, Stancil of the 16th and Harris of the 17th:
A resolution commending Honorable Phillip M. Landrum and designating the Phillip M. Landrum Memorial Highway.
Senate Sponsor: Senator Ralston of the 51st.

HR 88. By Representative Murphy of the 18th: A resolution designating the Veterans Memorial Highway. Senate Sponsor: Senator Dean of the 31st.

HR 119. By Representatives Bargeron of the 120th and Harris of the 112th: A resolution commending Floyd L. Norton and designating the Floyd L. Norton Bridge.
Senate Sponsor: Senator Pollard of the 24th.

The reports of the committee, which were favorable to the adoption of the resolutions, were agreed to.

On the adoption of all the resolutions on the General Consent Calendar for Commemo rative Resolutions, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Alien Balfour Baugh Blitch Boshears oowen Broun of 46th Brown of 26th Burton Cheeks Clay Dawkins
Day Dean Edge Egan

Farrow Garner Gillis Glanton Gochenour rlarbison Hill Hooks Huggins Isakson Kemp Langford of 35th Langford of 29th Madden Marable Middleton

Newbill Oliver Parrish Pollard Ragan of llth Ragan of 32nd Ralston Robinson Slotin Starr Taylor Thomas Thompson Turner Tysinger

Those not voting were Senators:

Abernathy Coleman Crotts (excused)

Hemmer Henson Perdue

Ray Scott Walker

On the adoption of all the commemorative resolutions, the yeas were 47, nays 0.

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All the resolutions on the General Consent Calendar for Commemorative Resolutions, having received the requisite constitutional majority, were adopted.

SENATE RULES CALENDAR
Friday, February 26, 1993
TWENTY-SEVENTH LEGISLATIVE DAY
SB 277 Child Support Revision--change provision on cohabitation as grounds (S Judy--6th)
SB 294 Conservation and Natural Resources--inventory of hazardous sites (Substitute) (Nat R--16th)
SB 252 Victims of Crime--notification when offender dies, released (Substitute) (Corr--16th)
SB 116 Radar on Highways--eliminate restrictions on certain highways (Judy--36th)
SB 280 Insurance Brokers, Solicitors--correct certain references (I&L--24th)
SB 170 Health Insurance--cover certain nonsurgical management, certain deformities (Substitute) (I&L--52nd)
Respectfully submitted, Is/ George Hooks of the 14th, Chairman
Senate Rules Committee

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

SB 277. By Senators Boshears of the 6th, Kemp of the 3rd, Cheeks of the 23rd and Blitch of the 7th:
A bill to amend Code Section 19-6-19, relating to revision of judgment for perma nent alimony or child support, generally, when such revision is authorized, peti tion and hearing, cohabitation with third party as ground for revision, attorney's fees, and temporary modification pending final trial, so as to change the provi sion relating to cohabitation as grounds for revision.

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

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

Those voting in the affirmative were Senators:

Abernathy Alien Balfour Baugh Blitch Boshears nOW6n , ^u BBrroowunn ooff 4266tthh Burton Cheeks Clay Coleman
Dawkins Day Dean

Edge Egan Farrow Garner Gillis Glanton Gochenour HHeenmsmoner Hooks Huggins Isakson Kemp
Langford of 29th Madden Marable

Middleton

Newbill

Oliver

Parrish

Pollard

R of

R

f

Knailstton

Robinson

Slotm

Starr Thomas

Thompson Turner

Tysinger

FRIDAY, FEBRUARY 26, 1993

793

Those not voting were Senators:

Crotts (excused) Harbison Hill

Langford of 35th Perdue Ray

Scott Taylor Walker

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

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

The following resolution of the Senate was read and put upon its adoption:

SR 225. By Senators Garner of the 30th, Robinson of the 16th and Hooks of the 14th:
A resolution relative to adjournment by the General Assembly at 5:00 o'clock P.M. on Friday, February 26, 1993, and to reconvene on Monday, March 1, 1993; the hour for convening the Senate may be as ordered by the Senate, and the hour for convening the House may be as ordered by the House.

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

Those voting in the affirmative were Senators:

Abernathy Alien Balfour Baugh Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cheeks Clay Coleman Dawkins Day Dean Edge

Garner Gillis Glanton Gochenour Harbison Hemmer Henson Hill Hooks Huggins Isakson Kemp Langford of 35th Langford of 29th Madden Marable Middleton

Newbill Oliver Pollard Ragan of llth Ragan of 32nd Ralston Ray Robinson Scott Slotin Starr Thomas Thompson Turner Tysinger Walker

Voting in the negative were Senators Egan and Farrow.

Those not voting were Senators:

Crotts (excused) Parrish

Perdue

Taylor

On the adoption of the resolution, the yeas were 50, nays 2.

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

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The following general bills of the Senate, favorably reported by the committees, were read the third time and put upon their passage:
SB 294. By Senators Robinson of the 16th, Hooks of the 14th and Gillis of the 20th:
A bill to amend Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, so as to provide that the director of the Envi ronmental Protection Division of the Department of Natural Resources shall compile and update an inventory of hazardous sites in this state; to provide for certain rules and regulations of the Board of Natural Resources; to provide for certain notices to certain property owners.
The Senate Committee on Natural Resources offered the following substitute to SB 294:
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 provide that the director of the Envi ronmental Protection Division of the Department of Natural Resources shall compile and update an inventory of hazardous sites in this state; to provide for certain rules and regula tions of the Board of Natural Resources; to provide for permits for hazardous waste facili ties; to provide for the determination by such director that certain property is in need of corrective action; to exempt certain large quantity generators and receiving facilities from paying certain fees; to provide for the severance of certain claims in certain civil actions; to provide for certain notices to certain property owners; to provide for matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, is amended by striking in its entirety subparagraph (c)(3)(B) of Code Section 12-2-2, relating to the Environmental Protection Division of the Department of Natural Resources and related matters, and inserting in lieu thereof the following:
"(B) Persons are not aggrieved or adversely affected by the listing of property in the hazardous site inventory in accordance with Code Section 12-8-97, nor are persons aggrieved or adversely affected by an order of the director issued pursuant to Part 2 of Article 3 of Chapter 8 of this title, the 'Georgia Hazardous Site Response Act,' unless or until the direc tor seeks to recover response costs, enforce the order, or recover a penalty for violation of such order; provided, however, that persons are aggrieved or adversely affected if the direc tor refuses to remove property in which such person has an intcrcat from the hazardous site inventory pursuant to the procedures set forth in subsection (f) of Code Section 12-8 07 and in accordance with rules and regulations promulgated by the board designates property as needing corrective action pursuant to paragraph (8) of subsection (a) of Code Section 12-897. Any person aggrieved or adversely affected by such designation shall be entitled to a hearing as provided in Code Section 12-8-7'57'
Section 2. Said title is further amended by striking in its entirety subsections (a), (b), and (c) of Code Section 12-8-66, relating to permits for the construction, installation, opera tion, or alteration of hazardous waste facilities, and inserting in lieu thereof, respectively, the following:
"(a) No person shall, and it shall be unlawful and a violation of this article part to, construct, install, operate, or substantially alter a hazardous waste facility without firsT ob taining and possessing a hazardous waste facility permit from the director. An application for a permit shall be submitted in such manner and on such forms as the director may prescribe. A permit shall be issued to an applicant on evidence, satisfactory to the director, of compliance with this artiete part and any standards, requirements, or rules and regula tions effective pursuant to this article part.

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(b) The director may require that applications for such permits shall be accompanied by plans, data, specifications, engineering reports, designs, and such other information as he the director deems necessary to make a determination of compliance with this article part and the standards, requirements, or rules and regulations promulgated pursuant to this irtJeie part.
(c) The director may amend, modify, suspend, or revoke any permit issued for cause, including, but not limited to, the following:
(1) Violation of any condition or provision of such permit or failure to comply with any final order of the director;
(2) Failure to comply with this article part or any rules or regulations promulgated pursuant to this article part;
(3) Obtaining a permit by misrepresentation or failure to disclose fully all relevant facts; or
(4) When the permitted activity poses a threat to the environment or to the health of humans."
Section 3. Said title is further amended by striking in its entirety paragraph (5) of Code Section 12-8-92, relating to definitions relative to the "Georgia Hazardous Site Response Act," and inserting in lieu thereof the following:
"(5) 'Inventory' means the hazardous site inventory published compiled and updated by the division pursuant to Code Section 12-8-97."
Section 4. Said title is further amended by striking at the end of paragraph (3) of sub section (b) of Code Section 12-8-93, relating to certain powers and duties of the Board of Natural Resources, the word "and"; by redesignating paragraph (4) of such subsection as paragraph (5); and by inserting immediately following paragraph (3) of such subsection the following:
"(4) Rules and regulations governing procedures and criteria for making a determina tion whether property requires corrective action pursuant to paragraph (8) of subsection (a) of Code Section 12-8-97; and".
Section 5. Said title is further amended by striking in its entirety subsection (a) of Code Section 12-8-94, relating to certain powers and duties of the director of the Environmental Protection Division of the Department of Natural Resources, and inserting in lieu thereof the following:
"(a) In addition to the powers and duties specified in Code Section 12-8-65, the director shall have and may exercise the following powers and duties:
(1) To make determinations, in accordance with procedures and criteria established by the board, as to whether property requires corrective action pursuant to the provisions of paragraph (8) of subsection (a) of Code Section 12-8-97;
4i) (2) To ensure that corrective action is taken for releases of hazardous wastes, haz ardous constituents, or hazardous substances into the environment that pose a present or future danger to human health or the environment;
{2} (3) To collect fees for hazardous waste management activities;
(3) (4) To administer the hazardous waste trust fund and expend the principal and interest ciTsuch trust fund; and
(4) (5) To appoint a hazardous waste trust fund advisory committee and to consult with that committee in developing rules and regulations regarding criteria for compilation of the hazardous site inventory, site priorities, uses of the fund, cleanup standards, and deed nota tions. At a minimum, the director shall appoint to the committee four representatives from local government, four representatives from business and industry, and four representatives from other interested parties. Upon promulgation of rules and regulations in accordance

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with this part, the director shall no longer be required to consult with the committee; pro vided, however, that the director shall consult with the committee from time to time as necessary to adopt, promulgate, modify, amend, or repeal rules and regulations in accor dance with this part."
Section 6. Said title is further amended by striking in their entireties paragraphs (2) and (3) of subsection (a) of Code Section 12-8-95.1, relating to hazardous waste management fees, and inserting in lieu thereof the following:
"(2) Every large quantity generator of hazardous waste shall pay an annual fee of $10.00 per ton for hazardous waste disposed of or incinerated on site, $4.00 per ton for hazardous waste treated or stored on site, and $1.00 per ton for hazardous waste reused or recycled on site in accordance with rules and regulations promulgated pursuant to Part 1 of this article; provided, however, that no large quantity generator shall be liable for on-site hazardous waste management fees for disposal or incineration, treatment or storage, or recycling or reuse in any calendar year exceeding the following amounts and according to the following schedule:
(A) Twenty-five thousand dollars for such payments due on July 1, 1993, and on July 1, 1994;
(B) Fifty thousand dollars for such payments due on July 1, 1995, and on July 1, 1996; and
(C) Seventy-five thousand dollars for such payments due on and after July 1, 1997;
provided, further, that a large quantity generator which pays fees for the on-site treatment of waste water which is hazardous waste shall not also be required to pay fees under para graph (1) of this subsection for any sludge removed during such treatment of waste water. A large quantity generator which pays fees for the off-site management of hazardous waste under paragraph (1) of this subsection for a hazardous waste which was previously managed on-site shall not pay the applicable on-site management fee for that hazardous waste;
(3) Every person who receives hazardous waste generated outside this state shall pay an annual fee of $20.00 per ton for hazardous waste disposed of or incinerated, $16.00 per ton for hazardous waste treated or stored, and $2.00 per ton for hazardous waste that is recycled or reused in accordance with rules and regulations promulgated pursuant to Part 1 of this article; provided, however, that no person shall be liable for importation fees exceeding $75,000.00 per out-of-state generator in any calendar year. In no case shall any person who receives hazardous waste from any person outside this state and who pays an importation fee on such waste pursuant to this paragraph be liable for the off-site hazardous waste man agement fees required by paragraph (1) of this subsection. Persons who receive hazardous waste generated outside this state are not required to pay the fees required by this para graph for those wastes generated by conditionally exempt small quantity generators which are located outside this state. For the purposes of this paragraph, a 'conditionally exempt small quantity generator' means a generator who generates 220 pounds or less of hazardous waste in one month, as provided by rules promulgated by the board in accordance with this article."
Section 7. Said title is further amended by striking in their entireties subsections (a) and (e) of Code Section 12-8-96.1, relating to liability for the cost of cleanup of certain hazardous waste releases, and inserting in lieu thereof, respectively, the following:
"(a) Each and every person who contributed to a release of a hazardous waste, a hazard ous constituent, or a hazardous substance shall be jointly, severally, and strictly liable to the State of Georgia for the reasonable costs of activities associated with the cleanup of environ mental hazards, including legal expenses incurred by the state pursuant to subsection (a) of Code Section 12-8-96, as a result of the failure of such person to comply with an order issued by the director. The person shall may, in addition, be liable for punitive damages in an amount at least equal to the costs incurred by the state and not more than three times the costs incurred by the state for activities associated with the cleanup of environmental

FRIDAY, FEBRUARY 26, 1993

797

hazards. Costs and damages incurred by the state may be recovered in a civil action insti tuted in the name of the director. All costs recovered by the state pursuant to this Code section shall be deposited into the hazardous waste trust fund."
"(e) During or following the undertaking of any voluntary corrective action, any person may seek contribution from any other person who has contributed or is contributing to any release of a hazardous waste, a hazardous constituent, or a hazardous substance. Such claims for contribution shall be governed by the law of this state. In resolving contribution claims, the court may allocate costs among liable parties using such equitable factors as the court determines to be appropriate. In any action filed by the director for the recovery of costs and damages pursuant to this'Code section, any third-party claim for contribution shall, upon the motion of the director, be severed and maintained as a separate action."
Section 8. Said title is further amended by striking in its entirety Code Section 12-8-97, relating to hazardous site inventories, and inserting in lieu thereof the following:
"12-8-97. (a) The Beginning on July 1, 1994, the division shall publish on an annual basis beginning July 1,4994; compile and update as necessary an inventory of all known or suspected sites where hazardous wastes, hazardous constituents, or hazardous substances have been disposed of or released in quantities deemed reportable by rules or regulations of the board. This inventory shall be called the hazardous site inventory. Along with the an nual hazardous site inventory, the diviaion shall publish a report of the fcca collected and the funds appropriated to the hazardoua waatc trust fund and an accounting of all disburse ments from aueh trust fund. The inventory shall include:
(1) The name of the property or another description identifying the site;
(2) The location of the site;
(3) The name of the owner of the site at the time of the site's inclusion in the inventory;
(4) A general description of the type and quantity of hazardous wastes, hazardous con stituents, or hazardous substances known or suspected to be at the site;
(5) A general description of possible or known threats to human health or the environ ment posed by the site;
(6) The status of any cleanup activities conducted by any person;
(7) A relative priority for cleanup;
(8) A If a site is determined, in accordance with rules and regulations promulgated by the board, to require corrective action, a designation that corrective action is needed and a summary of needed actions;
(9) If a site is considered not capable of posing or is no longer posing an environmental or human health hazard, a designation that no further action is required; and
(10) The status of any actions contesting the listing of the property on the inventory a determination that corrective action is needed.
The division shall also publish annually a report of the fees collected and the funds appro priated to the hazardous waste trust fund and an accounting of all disbursements from such trust funcT
(b) After July 1, 1993, the property owner;
(1) Of any aitc where hazardous wastca, hazardous constituents, or hazardous oub stances arc known to have been disposed of or released in amounts exceeding reportable quantities; or
(2) Of of any site listed on the inventory which is designated as having a known release; teat and which is net designated as needing no further corrective action
shall include the following notice in any deed, mortgage, deed to secure debt, lease, rental

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agreement, or other instrument given or caused to be given by the property owner which creates an interest in or grants a use of the property:
'This property ia known to contain has been listed on the state's hazardous site inven tory and has been designated as needing corrective action due to the presence of hazardous wastes, hazardous constituents, or hazardous substances regulated under state law. Contact the property owner or the Georgia Environmental Protection Division for further informa tion concerning this property. This notice is provided in compliance with the Georgia Haz ardous Site Response Act.'
(c) After July 1, 1993, each property owner whot
(1) Owns real property upon which hazardous wastes, hazardoua constituents, or haz ardous substances arc known to have been disposed of or released in amounts exceeding rcportablc quantities; or
(2) Owns owns a site listed on the inventory which is designated as having a known release, but and which is net designated as needing no further corrective action
shall cause to be prepared an affidavit of such fact in recordable form as set forth in subsec tion (c) of Code Section 44-2-20 and shall file such affidavit with the clerk of the superior court of each county in which the real property or any part thereof lies. Such affidavit shall be recorded in the clerk's deed records pursuant to Code Section 44-2-20. Such affidavit shall include a statement that the property ia known to contain has been listed on the state's hazardous site inventory and has been designated as needing corrective action due to the presence of hazardous wastes, hazardous constituents, or hazardous substances regulated under state law. Such affidavit shall be filed with the clerk within 36 45 days after receipt by the property owner of knowledge of the disposal or release of hazardous wastca, hazardous constituents, or hazardous substances on the real property cither by listing of the site on the inventory or otherwise receipt of notice by the property owner that the director has desig nated the property as needing corrective action; provided, however, that neither the affidavit required by this subsection or the notice required by paragraph (2) of subsection (b) of this Code section shall be required until any contest under subsection (f) of this Code section has been resolved adversely to the property owner.
(d) After July 1, 1993, each property owner who owns real property upon which hazard ous wastes, hazardous constituents, or hazardous substances have been disposed of or re leased in amounts exceeding reportable quantities shall, within 30 days of receipt of knowl edge by the property owner of the release or disposal, notify the division in writing on such forms as may be provided by the director. This notification shall include the location, type, quantity, and date of such disposal or release, if known, and a summary of actions taken to investigate, cleanup, or remediate the site. Such notification shall include a quadrangle map prepared in accordance with the National Ocean Survey/National Geodetic Survey or a Georgia Coordinate System pursuant to Article 2 of Chapter 4 of Title 44 that clearly indi cates the location of the disposal or release; provided, however, that any property owner that has notified the United States Environmental Protection Agency under Section 103(c) of the federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, may satisfy this notification requirement by submitting a copy of the 103(c) notice together with such quadrangle map. Such notification ahall alao indicate the date upon which the affidavit of public notice required in subsection (e) of thia Code section was filed for recording in the deed records of each of the clerks of the superior eourto of the county or counties in which the real property lies.
(e) The provisions of this Code section shall not be applicable to emissions regulated under Article 1 of Chapter 9 of this title, the 'Georgia Air Quality Act of 1078,' 'The Georgia Air Quality Act7~point source discharges regulated under Article 2 of Chapter 5 of this title, the 'Georgia Water Quality Control Act,' or sites regulated solely by Chapter 13 of this title, the 'Georgia Underground Storage Tank Act,' or substances regulated under Chapter 12 of this title, the 'Georgia Asbestos Safety Act.'
(f) The director ahall provide a property owner with 80 days' notice of the dircctor'o

FRIDAY, FEBRUARY 26, 1993

799

intention to list that property on the inventory aa provided in thia Code section. Within such 80 day period, the owner may present to the director information and facts which the property owner feels support the view that such property docs not meet the criteria for listing as provided in regulations promulgated by the board. The director shall conaidcr such infoTmation in determining whether the property should be ao listed, but the director shall not be prohibited from listing the property because of auch submiaaion. Once a prop erty is listed on the inventory, the property owner ahall be entitled to petition the director for its removal in accordance with regulations promulgated by the board and pursuant to paragraph (2) of subsection (c) of Code Section 12-2-2; provided, however, that no person shall be relieved of the requirements of aubacetiona (b) and (c) of thia Code section unless within 00 days of Hating on the inventory a petition for removal from the inventory has been submitted to the director in accordance with regulations promulgated by the board. The director shall provide a property owner with written notice of any determination to desig nate property as needing corrective action, including a statement concerning the require ments of subsections (b) and (c) of this Code section. The requirements of subsections (b) and (c) of this Code section shall be stayed by the filing of a petition for a hearing in accor dance with Code Section 12-8-73 within 30 days of the issuance of the director's written notice of the director's determination to designate property as needing corrective action. "
Section 9. All laws and parts of laws in conflict with this Act are repealed.

Senator Robinson of the 16th offered the following amendment:

Amend the substitute to SB 294 offered by the Senate Committee on Natural Resources by deleting from Section 7 on line 14 of page 8 after the word "contribution", the word "shall" and inserting in its place the word "may";
And by adding a new Section 10 beginning after line 26 of page 13 to read as follows:
"Section 10. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval."

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

On the adoption of the substitute, the yeas were 39, nays 1, and the substitute was adopted as amended.

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

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

Those voting in the affirmative were Senators:

Abernathy Alien Balfour Baugh Blitch Bowen Broun of 46th Brown of 26th Burton Cheeks Clay Coleman Dawkins Day

Dean Edge Egan Farrow Garner Gillis Glanton Gochenour Harbison Hemmer Henson Hill Hooks Huggins

Isakson Kemp Langford of 35th Langford of 29th Madden Marable Middleton Newbill Oliver Parrish Pollard Ragan of llth Ragan of 32nd Ralston

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Ray Robinson Slotin Starr

Taylor Thomas Thompson

Turner Tysinger Walker

Those not voting were Senators:

Boshears Crotts (excused)

Perdue

Scott

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

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

SB 252. By Senators Robinson of the 16th and Oliver of the 42nd:
A bill to amend Chapter 1 of Title 42 of the Official Code of Georgia Annotated, relating to general provisions relating to penal institutions, so as to provide that the commissioner of corrections shall notify victims of crime of an offender's death, release, escape, or transfer to a halfway house.

MEMORANDUM

DEPARTMENT OF AUDITS 254 Washington Street, S.W.
Room 214 Atlanta, Georgia 30334-8400

TO: FROM: DATE: SUBJECT:

The Honorable Walter Ray State Senator
Claude L. Vickers, State Auditor Henry M. Huckaby, Director, Office of Planning and Budget
February 23, 1993
Fiscal Note--Senate Bill 252 (LC 9 7178) Victim Notification of Change in Offender Status

The bill would require the Commissioner of the Department of Corrections to notify victims who request notification of a change in the custodial status of an offender. The bill would require the victim to be notified if the offender is released from imprisonment or incarceration, including release on extended furlough and for work release; released by mandatory release or expiration of sentence; escaped from confinement in a secure or nonsecure facility, such as a halfway house; released from prison to a halfway house; or, if the offender has died. The notification must be made prior to the release or transfer. In addi tion, if the offender is sentenced to a term of imprisonment of more than 18 months, the notice to the victim must occur five days before the release, transfer, or release from prison to a halfway house. The bill also would require the victim to be notified within six hours of an offender's escape from imprisonment or incarceration, including escape from release on extended furlough or work release, and notification within 24 hours of the offender's subse quent apprehension. The bill would become effective on July 1, 1994.
The bill would have a fiscal impact on state expenditures. Implementation and the first full year of administration would cost the Department of Corrections approximately $157,000. This includes $120,000 for personnel (two office personnel, two programmers), $27,000 for equipment (two developmental computer workstations), and $10,000 for intangi ble cost (printing, telephones, etc.). The cost to administer the program in subsequent years would be approximately $76,000. This cost is comprised of $66,000 for personnel (two office personnel, one half-time programmer to maintain the system) and $10,000 for intangibles.

/s/ Claude L. Vickers State Auditor

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

FRIDAY, FEBRUARY 26, 1993

801

The Senate Committee on Corrections offered the following substitute to SB 252:
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 relating to penal institutions, so as to provide that the commissioner of corrections shall notify victims of crime of an offender's death, release to the community by furlough or mandatory release, escape, or transfer to a halfway house; to provide definitions; to provide for contents of notice; to provide for notice of escape; to provide for confidentiality of victim information; to provide for immunity from liability under certain conditions; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 1 of Title 42 of the Official Code of Georgia Annotated, relating to general provisions relating to penal institutions, is amended by adding at the end thereof a new Code section, to be designated Code Section 42-1-11, to read as follows:
"42-1-11. (a) As used in this Code section, the term:
(1) 'Commissioner' means the commissioner of corrections.
(2) 'Crime' means an act committed in this state which constitutes a crime as defined by state or federal law and which results in physical injury or death to the victim.
(3) 'Crime against the person' means any crime provided for in Chapter 5 of Title 16.
(4) 'Offender' means a person sentenced to a term of incarceration in a state or county correctional institution.
(5) 'Victim' means a person who suffers personal physical injury or death as a result of a crime and shall include members of the immediate family of a victim who dies as the result of a crime and the parents and guardians of victims who are minors.
(b) If the identity of a victim of a crime has been verified by the district attorney, who has, at the request of such victim, mailed a letter to the commissioner of corrections re questing that the victim be notified of a change in the custodial status of an offender, then the commissioner of corrections or the commissioner's designee shall make a good faith ef fort to notify the victim that the offender is to be released from imprisonment, including release on extended furlough; transferred to work release; released by mandatory release upon expiration of sentence; or has escaped from confinement; or if the offender has died. The good faith effort to notify the victim must occur prior to the release or transfer noted in this subsection. For a victim of a felony crime against the person for which the offender was sentenced to a term of imprisonment of more than 18 months, the good faith effort to notify the victim must occur no later than ten days before the offender's release from imprison ment, transfer, or release from work release or as soon thereafter as is practical in situations involving emergencies.
(c) The notice given to a victim of a crime against a person must include the conditions governing the offender's release or transfer and either the identity of the corrections agent who will be supervising the offender's release or a means to identify the agency that will be supervising the offender's release. The commissioner of corrections or the commissioner's designee complies with this Code section upon mailing the notice of impending release to the victim at the address which the victim has most recently provided to the commissioner or authority in writing.
(d) If an offender escapes from imprisonment or incarceration, including from release on extended furlough or work release, the commissioner or other custodial authority shall make all reasonable efforts to notify a victim who has requested notice of the offender's

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release under subsection (b) of this Code section within six hours after discovering the es cape, or as soon thereafter as is practical, and shall also make reasonable efforts to notify the victim within 24 hours after the offender is apprehended or as soon thereafter as is practical. In emergencies, telephone notification for the victim will be attempted and the results documented in the offender's central file.
(e) All identifying information regarding the victim, including the victim's request and the notice provided by the commissioner or the commissioner's designee, shall be confiden tial and accessible only to the victim. It is the responsibility of the victim to provide the commissioner with a current address.
(f) A designated official in the Department of Corrections shall coordinate the receipt of all victim correspondence and shall monitor staff responses to requests for such notification from victims of crime.
(g) The commissioner and the Department of Corrections shall not be liable for a fail ure to notify the victim that occurs from actions that are not the result of negligence."
Section 2. This Act shall become effective six months after the effective date of an appropriations Act containing a specific appropriation to fund the provisions of this Act.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

Senators Robinson of the 16th and Ray of the 19th offered the following amendment:

Amend the substitute to SB 252 offered by the Senate Committee on Corrections by deleting the "," on page 2, line 31, and inserting in its place the word "to".

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

On the adoption of the substitute, the yeas were 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:

Abernathy Alien Balfour
Baugh Blitch Boshears
oBroWuenn orf 4^6thu Brown of 26th Burton Cheeks day Coleman Dawkins Day Dean Edge Egan

Farrow Garner Gillis Glanton Gochenour Harbison
HHeenmsmoner
,,, Hooks Huggins Isakson KemP Langford of 35th Langford of 29th Madden Marable

Middleton Newbill Oliver Parrish Pollard Ragan of llth
RRaalggatnonof 32nd
_ f. Robinson Slotin Starr Taylor Thomas Thompson Turner Tysinger

FRIDAY, FEBRUARY 26, 1993

803

Those not voting were Senators:

Crotts (excused) Perdue

Scott

Walker

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

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

SB 116. By Senators Scott of the 36th, Newbill of the 56th and Langford of the 35th:
A bill to amend Code Section 40-14-9 of the Official Code of Georgia Annotated, relating to the inadmissibility of evidence obtained in certain areas by speed de tection devices, so as to eliminate the restriction on the use of radar on highways having a grade in excess of 7 percent.

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

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

Those voting in the affirmative were Senators:

Abernathy Alien Balfour Baugh Boshears Bowen Brown of 26th Burton Cheeks Clay Coleman Dawkins Day Edge Egan Farrow Garner

Gillis Glanton Gochenour Harbison Hemmer Henson Hill Hooks Huggins Isakson Kemp Langford of 29th Madden Marable Middleton Newbill

Oliver Parrish Pollard Ragan of llth Ragan of 32nd Ralston Ray Robinson Scott Slotin Starr Taylor Thomas Thompson Turner Tysinger

Voting in the negative was Senator Langford of 35th.

Those not voting were Senators:

Blitch Broun of 46th

Crotts (excused) Dean

Perdue Walker

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

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

SB 280. 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 correct and clarify certain references to in surance brokers and solicitors.

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

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

Those voting in the affirmative were Senators:

Alien Balfour Baugh Boshears Bowen Brown of 26th Burton Cheeks Clay Coleman Day Dean Edge Egan Farrow Garner

Gillis Glanton Gochenour Harbison Hemmer Henson Hill Hooks Huggins Isakson Kemp Langford of 35th Langford of 29th Madden Marable Middleton

Newbill Parrish Pollard Ragan of llth Ragan of 32nd Ralston Ray Robinson Slotin Starr Taylor Thomas Thompson Turner Walker

Those not voting were Senators:

Abernathy Blitch Broun of 46th

Crotts (excused) Dawkins Oliver

Perdue Scott Tysinger

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

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

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

Mr. President:

The House has adopted by the requisite constitutional majority the following resolution of the Senate:

SR 225. By Senators Garner of the 30th, Robinson of the 16th and Hooks of the 14th: A resolution relative to adjournment.

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

SB 170. By Senators Marable of the 52nd, Garner of the 30th, Henson of the 55th and others:
A bill to amend Chapter 29 of Title 33 of the Official Code of Georgia Annotated, relating to individual accident and sickness insurance, and Article 1 of Chapter 30 of Title 33 of the Official Code of Georgia Annotated, relating to group or blanket accident and sickness insurance.

FRIDAY, FEBRUARY 26, 1993

805

The Senate Committee on Insurance and Labor offered the following substitute to SB 170:
A BILL
To be entitled an Act to amend Chapter 29 of Title 33 of the Official Code of Georgia Annotated, relating to individual accident and sickness insurance, and Article 1 of Chapter 30 of Title 33 of the Official Code of Georgia Annotated, relating to group or blanket acci dent and sickness insurance, so as to provide that individual, group, or blanket policies of accident and sickness insurance which provide coverage for a diagnostic or surgical proce dure involving muscle, a bone, or a joint of the musculoskeletal structure shall not exclude coverage for the diagnostic, surgical, or nonsurgical management of certain deformities or disorders or apply certain reductions or limitations as to such coverage; to provide defini tions; to provide for construction; to provide for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 29 of Title 33 of the Official Code of Georgia Annotated, relating to individual accident and sickness insurance, is amended by adding at the end thereof a new Code Section 33-29-20 to read as follows:
"33-29-20. (a) As used in this Code section, the term:
(1) 'Policy' means any benefit plan, contract, or policy except a credit insurance policy, disability income policy, specified disease policy, hospital indemnity policy, limited accident policy, or other similarly limited accident and sickness policy.
(2) 'Temporomandibular joint' means the connection of the mandible and the temporal bone through the articular disc surrounded by the joint capsule and associated ligaments and tendons.
(b) An individual accident and sickness insurance policy issued by an insurer licensed to transact insurance in this state which provides coverage for a diagnostic, surgical, or nonsurgical procedure involving muscle, a bone, or a joint of the musculoskeletal structure shall not exclude coverage for the diagnostic and medically necessary surgical correction of con genital-developmental and acquired functional deformities of the maxilla and mandible and the diagnosis and surgical or nonsurgical management of disorders of the temporomandibular joint and masticatory muscles.
(c) The provisions of this Code section shall not cover the provision of medical benefits for elective cosmetic surgery, orthodontic, periodontic, or general dental care.
(d) The coverage required under subsection (b) of this Code section must be subject to the same conditions, limitations, and procedures as for any other muscle, bone, or joint of the body and applies if treatment is administered or prescribed by a physician or dentist.
(e) Except as provided in paragraph (1) of subsection (c) of Code Section 33-30-23, 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. Article 1 of Chapter 30 of Title 33 of the Official Code of Georgia Annotated, relating to group or blanket accident and sickness insurance, is amended by adding at the end thereof a new Code Section 33-30-14 to read as follows:
"33-30-14. (a) As used in this Code section, the term:
(1) 'Policy' means any benefit plan, contract, or policy except a credit insurance policy, disability income policy, specified disease policy, hospital indemnity policy, limited accident policy, or other similarly limited accident and sickness policy.

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(2) 'Temporomandibular joint' means the connection of the mandible and the temporal bone through the articular disc surrounded by the joint capsule and associated ligaments and tendons.
(b) A group or blanket accident and sickness insurance policy issued by an insurer li censed to transact insurance in this state which provides coverage for a diagnostic, surgical, or nonsurgical procedure involving muscle, a bone, or a joint of the musculoskeletal struc ture shall not exclude coverage for the diagnosis and medically necessary surgical correction of congenital-developmental and acquired functional deformities of the maxilla and mandi ble and the diagnosis and surgical or nonsurgical management of disorders of the temporomandibular joint and masticatory muscles.
(c) The provisions of this Code section shall not cover the provision of medical benefits for elective cosmetic surgery, orthodontic, periodontic, or general dental care.
(d) The coverage required under subsection (b) of this Code section must be subject to the same conditions, limitations, and procedures as for any other muscle, bone, or joint of the body and applies if treatment is administered or prescribed by a physician or dentist.
(e) Except as provided in paragraph (1) of subsection (c) of Code Section 33-30-23, 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. This Act shall be applicable to individual, group, or blanket policies of acci dent and sickness insurance issued, issued for delivery, delivered, or renewed on and after July 1, 1993.
Section 4. All laws and parts of laws in conflict with this Act are repealed.
Senator Marable of the 52nd offered the following amendment:
Amend the substitute to SB 170 offered by the Senate Committee on Insurance and Labor by amending line 24, page 1 to add after except GEORGIA BASIC HEALTH PLAN, AND again on line 13, page 3 after except add GEORGIA BASIC HEALTH PLAN.
amending line 30, page 2 after 33-30-23 add, FOR POLICIES LIMITED ONLY TO DENTAL COVERAGE, nothing
and again on line 12, page 4 after 33-30-23 add FOR POLICES LIMITED ONLY TO DENTAL COVERAGE.
On the adoption of the amendment, the yeas were 46, nays 2, and the amendment was adopted.
Senator Edge of the 28th offered the following substitute to SB 170:
A BILL
To be entitled an Act to amend Article 1 of Chapter 30 of Title 33 of the Official Code of Georgia Annotated, relating to group or blanket accident and sickness insurance, so as to provide that group major medical insurance policies may not exclude coverage for the temporomandibular joint or exclude surgery on the maxilla or mandible to correct a disor der of such joint; to provide definitions; to provide for construction; to provide for applica bility; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 1 of Chapter 30 of Title 33 of the Official Code of Georgia Annotated,

FRIDAY, FEBRUARY 26, 1993

807

relating to group or blanket accident and sickness insurance, is amended by adding at the end thereof a new Code Section 33-30-14 to read as follows:
"33-30-14. (a) As used in this Code section, the term:
(1) 'Policy' means any major medical benefit plan, contract, or policy except a credit insurance policy, disability income policy, specified disease policy, hospital indemnity pol icy, limited accident policy, or other similarly limited accident and sickness policy.
(2) 'Temporomandibular joint' means the connection of the mandible and the temporal bone through the articular disc surrounded by the joint capsule and associated ligaments and tendons.
(b) No policy may be issued or issued for delivery in this state which:
(1) Excludes coverage for the temporomandibular joint; or
(2) Excludes surgery on the maxilla or mandible that is medically necessary to correct a disorder of the temporomandibular joint.
(c) The provisions of this Code section shall not be cover the provision of benefits for elective cosmetic surgery, orthodontic, periodontic, or general dental care.
(d) The coverage required under subsection (b) of this Code section may contain rea sonable conditions, limitations, copayments, or other cost containment features.
(e) Except as provided in paragraph (1) of subsection (c) of Code Section 33-30-23, 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. This Act shall be applicable to group major medical policies of accident and sickness insurance issued or issued for delivery on and after July 1, 1993.
Section 4. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute to SB 170 offered by the Senate Committee on Insur ance and Labor, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Baugh Blitch Boshears Bowen Broun of 46th Cheeks Dawkins Dean Farrow Garner Gillis Harbison

Hemmer Henson Hill Hooks Huggins Kemp Langford of 35th Langford of 29th Madden Marable Middleton Newbill Oliver

Parrish Perdue Pollard Ragan of llth Ralston Ray Robinson Scott Slotin Starr Thomas Thompson Walker

Those voting in the negative were Senators:

Alien Balfour Burton Clay

Coleman Crotts Day Edge

Egan Glanton Gochenour Isakson

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Ragan of 32nd Taylor

Turner

Tysinger

Not voting was Senator Brown of 26th.

On the adoption of the substitute, the yeas were 39, nays 16, and the substitute was adopted as amended.

The President stated that, since the substitute to SB 170 offered by the Senate Com mittee on Insurance and Labor, as amended, was adopted, the substitute to SB 170 offered by Senator Edge of the 28th became moot.

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:

Abernathy Baugh Blitch Boshears Bowen Broun of 46th Brown of 26th Cheeks Clay Dawkins Dean Farrow Garner Gillis Harbison

Hemmer Henson Hill Hooks Huggins Kemp Langford of 35th Langford of 29th Madden Marable Middleton Newbill Oliver Parrish

Perdue Pollard Ragan of llth Ragan of 32nd Ralston Ray Robinson Scott Slotin Starr Thomas Thompson Turner Walker

Those voting in the negative were Senators:

Alien BBaulrftoounr Coleman Crotts

Day Edge
San Glanton

Gochenour Isakson
Tysinger

On the passage of the bill, the yeas were 43, nays 13.

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

Senator Turner of the 8th introduced the doctor of the day, Dr. Gordon Bunker, of Valdosta, Georgia.

Senator Robinson of the 16th moved that, pursuant to SR 225, adopted previously, the Senate stand in recess until 5:00 o'clock P.M. today, and at that time stand adjourned until 10:00 o'clock A.M. on Monday, March 1, 1993.

At 11:43 o'clock A.M., the President announced the motion prevailed.

MONDAY, MARCH 1, 1993

809

Senate Chamber, Atlanta, Georgia Monday, March 1, 1993
Twenty-eighth Legislative Day
The Senate met pursuant to adjournment at 10:00 o'clock A.M. today and was called to order hy Senator Garner of the 30th, President Pro Tempore.
Senator Huggins of the 53rd reported that the Journal of the proceedings of Friday, February 26, 1993, had been read and found correct.
By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House:
HB 843. By Representatives Howard of the 118th, Williams of the 114th, Brown of the 117th, Hart of the 116th and Padgett of the 119th: A bill to amend an Act creating the Augusta-Richmond County Coliseum Au thority, so as to change the name of the Authority; to provide for the expiration of the terms of office of the current members; to provide for appointment and terms of office of the current members; to provide for appointment and terms of office of new members and their successors.
HB 855. By Representatives Floyd of the 172nd, Tillman of the 173rd, Oliver of the 154th and Mosley of the 171st: A bill to amend an Act creating the board of commissioners of Liberty County, so as to provide for new commissioner districts.
HB 856. By Representatives Dobbs of the 92nd and Stancil of the 91st: 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 858. By Representatives Floyd of the 172nd, Tillman of the 173rd, Oliver of the 154th and Mosley of the 171st: A bill to amend an Act entitled an Act to create the board of education of the Liberty County School District, so as to provide for new education districts.
HB 859. By Representatives Dobbs of the 92nd and Stancil of the 91st: 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.
HB 872. By Representative Stephenson of the 25th: A bill to amend an Act providing a new charter for the City of Commerce, so as to change the provisions relating to the selection and term of service of the su perintendent of the board of education of the independent school system of the City of Commerce.

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HB 873. By Representative Lord of the 121st:
A bill to amend an Act creating a board of commissioners of Washington County, so as to change the description of the commissioner districts.
HB 874. By Representative Lord of the 121st:
A bill to amend an Act placing the Sheriff, the Judge of the Probate Court, and the Clerk of the Superior Court of Hancock County on annual salaries in lieu of the fee system of compensation, so as to revise provisions relating to the person nel of the sheriff and the compensation of such personnel.
HB 875. By Representative Lord of the 121st:
A bill to reconstitute the Board of Education of Washington County and provide for its powers, duties, rights, obligations, and liabilities and subject it to certain constitutional and statutory provisions.
HB 899. By Representative Royal of the 164th:
A bill to amend an Act reincorporating and providing a new charter for the City of Baconton in Mitchell County, so as to change the provisions relating to the time of election, taking of office, and terms of office of the mayor and councilmembers; to provide for council districts.
HB 695. By Representatives Patten of the 176th, Barfoot of the 155th, Milam of the 130th, Greene of the 158th and Twiggs of the 8th:
A bill to amend Code Section 52-7-13 of the Official Code of Georgia Annotated, relating to boating safety zones and related matters, so as to restrict the opera tion of certain vessels on certain lakes.
HB 384. By Representatives Dover of the 9th, Jamieson of the 22nd, Harris of the 112th, Royal of the 164th and Skipper of the 137th:
A bill to amend Article 5 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to current income tax payment, so as to provide for with holding tax on certain distributions by partnerships, Subchapter "S" corpora tions, and limited liability companies to certain nonresidents.
HB 750. By Representatives Twiggs of the 8th, Cummings of the 27th, Murphy of the 18th, Colwell of the 7th, Walker of the 141st and others:
A bill to amend Article 6 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to retirement and eligibility for a retirement allowance, so as to provide a retirement allowance for certain members.
HB 782. By Representative Cummings of the 27th:
A bill to amend Article 2 of Chapter 10 of Title 47 of the Official Code of Georgia Annotated, relating to the creation, administration, and management of the as sets of the Trial Judges and Solicitors Retirement Fund, so as to authorize the board of trustees of such system to grant postretirement benefit increases.
HB 714. By Representatives Skipper of the 137th, Dixon of the 150th, Johnson of the 153rd, Chandler of the 99th and Watson of the 139th:
A bill to amend Chapter 23 of Title 43 of the Official Code of Georgia Annotated, relating to landscape architects, so as to change the provisions relating to mem bership of the Georgia Board of Landscape Architects.

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811

The House has adopted by the requisite constitutional majority the following resolution of the House:
HR 359. By Representatives Martin of the 47th, Childers of the 13th, Polak of the 67th, Street of the 167th, Purcell of the 147th and others:
A resolution commending Joseph E. Wilber, M.D.
The House has adopted, by substitute, by the requisite constitutional majority the fol lowing resolution of the Senate:
SR 121. By Senators Coleman of the 1st and Alien of the 2nd:
A resolution granting a nonexclusive easement for planning, construction, instal lation, operation, maintenance, repair, and renourishment of a certain beach area in, on, over, under, upon, across, or through property owned or claimed by the State of Georgia in Chatham County, Georgia; to provide for related matters; to provide an effective date.
The House has passed by the requisite constitutional majority the following bills of the House:
HB 492. By Representatives Mueller of the 152nd, Purcell of the 147th, Dixon of the 150th, White of the 161st, Hembree of the 98th and others:
A bill to amend Title 30 of the Official Code of Georgia Annotated, relating to handicapped persons, so as to provide a short title; to provide definitions; to pro vide for a presumption that proficiency in Braille reading and writing is essential for the education of blind students; to provide for an inventory of Braille skills.
HB 787. By Representatives Smith of the 169th, Yeargin of the 90th and Perry of the llth:
A bill to amend Code Section 28-2-1 of the Official Code of Georgia Annotated, relating to apportionment of the House of Representatives and qualifications of its members, so as to change the composition of certain representative districts.
The President assumed the Chair.
The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:
SB 333. By Senator Coleman of the 1st:
A bill to amend Code Section 32-1-3 of the Official Code of Georgia Annotated, relating to definitions, so as to provide that the definition of "other transporta tion purposes" or "other public transportation purposes" shall include "transpor tation enhancement activities" as that word is defined by federal law; to provide an effective date. Referred to Committee on Transportation.
SB 334. By Senators Hill of the 4th, Perdue of the 18th, Walker of the 22nd and Gillis of the 20th:
A bill to amend Article 1 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to the regulation of hospitals, so as to provide for the licens ing of alternative rural community hospitals and the conditions, standards, and procedures relating thereto; to provide for exceptions to certain certificate of

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need requirements and applicability of other such requirements; to provide for reversion to acute care status; to provide when the licensing becomes effective. Referred to Committee on Health and Human Services.
SB 335. By Senators Taylor of the 12th, Henson of the 55th and Brown of the 26th:
A bill to amend Article 4 of Chapter 12 of Title 45 of the Official Code of Georgia Annotated, relating to the Office of Planning and Budget and budgetary processes, so as to change provisions relating to state budgetary processes; to de fine certain terms; to provide for a strategic planning process; to provide for an outcome based budgeting system; to amend Article 3 of Chapter 5 of Title 28 of the Official Code of Georgia Annotated, relating to legislative procedures for fis cal legislation, so as to change provisions relating to fiscal notes. Referred to Committee on Appropriations.
SB 336. By Senators Boshears of the 6th, Kemp of the 3rd and Blitch of the 7th: A bill to amend Code Section 12-3-243 of the Official Code of Georgia Annotated, relating to subdivision, improvement, lease, or sale of Jekyll Island by the Jekyll Island-State Park Authority, so as to restrict certain activities on, over, or within 65 percent of the land area of Jekyll Island which lies above water at mean high tide; to provide for exceptions; to provide for a survey and preparation of a map.
Referred to Committee on Economic Development, Tourism and Cultural Affairs.
SB 337. By Senators Boshears of the 6th, Kemp of the 3rd and Blitch of the 7th:
A bill to amend Code Section 12-3-233 of the Official Code of Georgia Annotated, relating to the members of the Jekyll Island-State Park Authority, so as to pro vide for an additional member of said authority; to amend Code Section 45-10-25 of the Official Code of Georgia Annotated, relating to exceptions to the conflicts of interest law applicable to public officials and employees, so as to provide for an additional exception to such law. Referred to Committee on Economic Development, Tourism and Cultural Affairs.
SB 338. By Senator Thompson of the 33rd:
A bill to amend an Act entitled "An Act to reincorporate and provide a new charter for the City of Austell in Cobb and Douglas counties," as amended, so as to provide a residency requirement for persons seeking election to the position of mayor or council member. Referred to Committee on Urban and County Affairs.
SR 226. By Senator Hooks of the 14th:
A resolution authorizing the lease of certain state owned real property located in Fulton County, Georgia; to provide an effective date. Referred to Committee on Finance and Public Utilities.
SR 228. By Senators Huggins of the 53rd and Farrow of the 54th:
A resolution designating the General Ron Griffith Highway. Referred to Committee on Transportation.
SR 230. By Senator Brown of the 26th: A resolution designating a certain bridge as the Walter L. Hardin Bridge.
Referred to Committee on Transportation.

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813

SR 231. By Senator Brown of the 26th:
A resolution designating a certain crosswalk as the Bobby Jones Crosswalk. Referred to Committee on Transportation.
SR 232. By Senators Taylor of the 12th, Ragan of the llth and Turner of the 8th:
A resolution designating the Chattahoochee Valley Trail Scenic Highway. Referred to Committee on Transportation.
SR 233. By Senators Thompson of the 33rd, Clay of the 37th, Ragan of the 32nd and Isakson of the 21st:
A resolution authorizing the conveyance of certain state owned real property lo cated in Cobb County, Georgia, to Cobb County and the acceptance of certain real property owned by Cobb County in consideration therefor; to provide an effective date. Referred to Committee on Finance and Public Utilities.
The following bills of the House were read the first time and referred to committees:
HB 384. By Representatives Dover of the 9th, Jamieson of the 22nd, Harris of the 112th and others:
A bill to amend Article 5 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to current income tax payment, so as to provide for with holding tax on certain distributions by partnerships, Subchapter "S" corpora tions, and limited liability companies to certain nonresidents. Referred to Committee on Finance and Public Utilities.
HB 492. By Representatives Mueller of the 152nd, Purcell of the 147th, Dixon of the 150th and others:
A bill to amend Title 30 of the Official Code of Georgia Annotated, relating to handicapped persons, so as to provide a short title; to provide definitions; to pro vide for a presumption that proficiency in Braille reading and writing is essential for the education of blind students; to provide for an inventory of Braille skills. Referred to Committee on Education.
HB 695. By Representatives Patten of the 176th, Barfoot of the 155th, Milam of the 130th and others:
A bill to amend Code Section 52-7-13 of the Official Code of Georgia Annotated, relating to boating safety zones and related matters, so as to restrict the opera tion of certain vessels on certain lakes. Referred to Committee on Natural Resources.
HB 714. By Representatives Skipper of the 137th, Dixon of the 150th, Johnson of the 153rd and others:
A bill to amend Chapter 23 of Title 43 of the Official Code of Georgia Annotated, relating to landscape architects, so as to change the provisions relating to mem bership of the Georgia Board of Landscape Architects. Referred to Committee on Science, Technology, and Industry.

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HB 750. By Representatives Twiggs of the 8th, Cummings of the 27th, Murphy of the 18th and others:
A bill to amend Article 6 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to retirement and eligibility for a retirement allowance, so as to provide a retirement allowance for certain members. Referred to Committee on Retirement.
HB 782. By Representative Cummings of the 27th:
A bill to amend Article 2 of Chapter 10 of Title 47 of the Official Code of Georgia Annotated, relating to the creation, administration, and management of the as sets of the Trial Judges and Solicitors Retirement Fund, so as to authorize the board of trustees of such system to grant postretirement benefit increases. Referred to Committee on Retirement.
HB 787. By Representatives Smith of the 169th, Yeargin of the 90th and Perry of the llth:
A bill to amend Code Section 28-2-1 of the Official Code of Georgia Annotated, relating to apportionment of the House of Representatives and qualifications of its members, so as to change the composition of certain representative districts. Referred to Committee on Reapportionment.
HB 843. By Representatives Howard of the 118th, Williams of the 114th, Brown of the 117th and others:
A bill to amend an Act creating the Augusta-Richmond County Coliseum Au thority, so as to change the name of the Authority; to provide for the expiration of the terms of office of the current members; to provide for appointment and terms of office of the current members; to provide for appointment and terms of office of new members and their successors. Referred to Committee on Urban and County Affairs.
HB 855. By Representatives Floyd of the 172nd, Tillman of the 173rd, Oliver of the 154th and Mosley of the 171st:
A bill to amend an Act creating the board of commissioners of Liberty County, so as to provide for new commissioner districts. Referred to Committee on Urban and County Affairs.
HB 856. By Representatives Dobbs of the 92nd and Stancil of the 91st:
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 858. By Representatives Floyd of the 172nd, Tillman of the 173rd, Oliver of the 154th and Mosley of the 171st:
A bill to amend an Act entitled an Act to create the board of education of the Liberty County School District, so as to provide for new education districts. Referred to Committee on Urban and County Affairs.

MONDAY, MARCH 1, 1993

815

HB 859. By Representatives Dobbs of the 92nd and Stancil of the 91st: 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.
HB 872. By Representative Stephenson of the 25th: A bill to amend an Act providing a new charter for the City of Commerce, so as to change the provisions relating to the selection and term of service of the su perintendent of the board of education of the independent school system of the City of Commerce.
Referred to Committee on Urban and County Affairs.
HB 873. By Representative Lord of the 121st: A bill to amend an Act creating a board of commissioners of Washington County, so as to change the description of the commissioner districts.
Referred to Committee on Urban and County Affairs.
HB 874. By Representative Lord of the 121st: A bill to amend an Act placing the Sheriff, the Judge of the Probate Court, and the Clerk of the Superior Court of Hancock County on annual salaries in lieu of the fee system of compensation, so as to revise provisions relating to the person nel of the sheriff and the compensation of such personnel.
Referred to Committee on Urban and County Affairs.
HB 875. By Representative Lord of the 121st: A bill to reconstitute the Board of Education of Washington County and provide for its powers, duties, rights, obligations, and liabilities and subject it to certain constitutional and statutory provisions.
Referred to Committee on Urban and County Affairs.
HB 899. By Representative Royal of the 164th: A bill to amend an Act reincorporating and providing a new charter for the City of Baconton in Mitchell County, so as to change the provisions relating to the time of election, taking of office, and terms of office of the mayor and councilmembers; to provide for council districts.
Referred to Committee on Urban and County Affairs.
The following reports of standing committees were read by the Secretary:
Mr. President:
The Committee on Appropriations has had under consideration the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:
SB 4. Do pass by substitute. SB 260. Do pass as amended. HB 349. Do pass.
Respectfully submitted,
Senator Dawkins of the 45th District, Chairman

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JOURNAL OF THE SENATE

Mr. President:

The Committee on Higher Education has had under consideration the following resolu tions of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:
SR 128. Do pass. HR 126. Do pass.
Respectfully submitted,
Senator Perdue of the 18th District, Chairman

Mr. President:

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

HB 116. Do pass.

HR 134. Do pass by substitute.

HB 308. Do pass.

SR 158. 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 657. Do pass.

HB 833. Do pass.

HB 813. Do pass.

HB 839. Do pass.

HB 814. Do pass.

HB 840. Do pass.

HB 815. Do pass.

HB 841. Do pass.

HB 817. Do pass.

HB 845. Do pass.

HB 818. Do pass.

Respectfully submitted,

Senator Thompson of the 33rd District, Chairman

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

SB 36. By Senator Alien of the 2nd:
A bill to amend Article 1 of Chapter 3 of Title 19 of the Official Code of Georgia Annotated, relating to general provisions relating to marriage, so as to provide that no common-law marriage shall be entered into in this state on or after July 1, 1993; to provide that otherwise valid common-law marriages entered into prior to July 1, 1993, shall not be affected and shall continue to be recognized in this state.

SB 49. By Senators Walker of the 22nd, Gillis of the 20th, Slotin of the 39th and others:
A bill to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to change the composition and powers of county boards of health; to amend Title 37 of the Official Code of Georgia Annotated, relating to mental health, so as to change certain definitions; to provide for legislative findings and purposes.

MONDAY, MARCH 1, 1993

817

SB 149. By Senator Abernathy of the 38th:
A bill to amend Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to state printing and documents, so as to require all state agencies to include the classification "multiracial" on all forms requesting information on racial identification; to amend Chapter 2 of Title 20 of the Official Code of Geor gia Annotated, relating to elementary, secondary, and adult education, so as to require all public schools to include the classification "multiracial" on all school forms requesting information on racial identification.
SB 207. By Senator Abernathy of the 38th:
A bill to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to provide for minority owned business participation in state contracts; to provide for legislative findings; to provide definitions; to pro vide for statements encouraging minority participation in all bid documents; to provide for advertisement of procurement opportunities; to provide for the desig nation of liaison officers; to provide for quarterly reports.
SB 244. By Senators Taylor of the 12th, Hooks of the 14th and Perdue of the 18th:
A bill to amend Article 2 of Chapter 5 of Title 24 of the Official Code of Georgia Annotated, relating to copies of writings accepted under the best evidence rule, so as to provide for reproductions that accurately reproduce or form a medium for reproducing the original copy.
SB 250. By Senators Oliver of the 42nd, Garner of the 30th, Robinson of the 16th and others:
A bill to amend Chapter 2 of Title 46 of the Official Code of Georgia Annotated, relating to the Public Service Commission, so as to revise substantially the provi sions relative to the personnel of the Public Service Commission; to prohibit an employee or member of the Public Service Commission from accepting employ ment with or other compensation from entities regulated by the commission for a certain period of time.
SB 282. By Senator Garner of the 30th:
A bill to amend Code Section 48-5-183 of the Official Code of Georgia Annotated, relating to minimum annual salaries of tax commissioners and tax collectors, so as to change the amount of such salaries; to provide an effective date.
SB 283. By Senators Starr of the 44th, Gillis of the 20th and Broun of the 46th:
A bill to amend Part 1 of Article 4 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to general provisions relative to the selection and qualification of candidates and presidential electors, so as to provide that the General Assembly may provide by local law that nonpartisan elections for county officers and school boards may be held during the general election without a prior nonpartisan primary.
SR 200. By Senators Kemp of the 3rd, Boshears of the 6th and Gillis of the 20th:
A resolution authorizing the conveyance of an interest in real property or other right in certain state owned real property to Glynn County in return for the county's financing of construction of certain improvements thereon by the state; to empower the State Forestry Commission, Glynn County, and the State Properties Commission to provide further the terms and conditions of such an undertaking; to provide an effective date.

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JOURNAL OF THE SENATE

HB 39. By Representatives Powell of the 23rd, Watson of the 139th, Parham of the 122nd and Chandler of the 99th: A bill to amend Code Section 34-11-7 of the Official Code of Georgia Annotated, relating to exceptions under the "Boiler and Pressure Vessel Safety Act," so as to include certain air storage tanks among the exceptions.
HB 62. By Representatives Dover of the 9th and Royal of the 164th: A bill to amend Code Section 48-5-274 of the Official Code of Georgia Annotated, relating to the establishment of the equalized adjusted school property tax di gest, so as to change certain provisions relating to the appointment of boards of arbitrators.
HB 79. By Representatives Walker of the 141st, Bostick of the 165th, Groover of the 125th and others: A bill to amend Code Section 17-10-6 of the Official Code of Georgia Annotated, relating to review of sentences of imprisonment for periods of five or more years by a three-judge panel, so as to change the review by a three-judge panel to sentences of imprisonment of 12 or more years or several consecutive sentences which total 12 or more years when fixed and imposed by a judge without a jury.
HB 227. By Representative Murphy of the 18th:
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 physical custody of suspended drivers' licenses by the Department of Public Safety.
HB 254. By Representatives McBee of the 88th, Scoggins of the 24th, Heard of the 89th and others: A bill to amend Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to when public disclosure of public records is not required, so as to pro vide that certain archival records shall be exempt from public disclosure; to pro vide that such disclosure shall not extend beyond 75 years from the date of dona tion or sale.
HB 258. By Representative Watson of the 139th: A bill to amend Code Section 43-14-2 of the Official Code of Georgia Annotated, relating to definitions applicable to the regulation of electrical contractors, plumbers, conditioned air contractors, low-voltage contractors, and utility con tractors, so as to change the definition of the term "conditioned air contracting".
HB 297. By Representatives Holmes of the 53rd, Cauthorn of the 35th, Canty of the 52nd and others: A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide that certain persons shall not be eligible to serve as certain poll officers or certain superintendents.
HB 298. By Representatives Holmes of the 53rd, Cauthorn of the 35th, Canty of the 52nd and others: A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to revise certain duties of the State Election Board.
HB 303. By Representative Ladd of the 59th: A bill to amend Code Section 48-5-29 of the Official Code of Georgia Annotated, relating to ad valorem property tax litigation, so as to provide for interest on certain taxpayer refunds.

MONDAY, MARCH 1, 1993

819

HB 374. By Representatives Parham of the 122nd, Atkins of the 29th, Twiggs of the 8th and Parrish of the 144th:
A bill to amend Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, so as to exempt certain anabolic steroids from classification as Schedule III controlled substances; to change the listings of Schedule IV and V controlled substances.
HB 379. By Representative Williams of the 63rd:
A bill to amend Code Section 43-17-9 of the Official Code of Georgia Annotated, relating to exemptions from the "Georgia Charitable Solicitations Act of 1988," so as to provide for an exemption for charitable organizations whose total gross revenue is less than $25,000.00.
HB 600. By Representatives Streat of the 167th, Byrd of the 170th and Mosley of the 171st:
A bill to amend Code Section 50-14-1 of the Official Code of Georgia Annotated, relating to open public meetings, so as to provide for additional notice of called meetings in counties where the legal organ is published less often than four times weekly.
HR 121. By Representative Colwell of the 7th:
A resolution authorizing the granting of a nonexclusive easement for operation, maintenance, repair, and replacement of a portion of a single-family residence in, on, over, under, upon, across, or through property owned by the State of Georgia in Gilmer County.
HR 228. By Representatives Colwell of the 7th, Lawson of the 20th, Mills of the 21st and Hughes of the 19th:
A resolution authorizing the conveyance of certain state owned real property lo cated in Hall County.
HR 229. By Representatives Colwell of the 7th and Dover of the 9th:
A resolution authorizing the conveyance of certain state owned real property lo cated in Habersham County.

The President called for the morning roll call, and the following Senators answered to their names:

Baugh Blitch Boshears Bowen
Broun of 46th
Burton ^eeks Crotts Dawkins D D ean Edge Egan Farrow Garner Gillis

Glanton Gochenour Harbison Hemmer
Henson
Hill Hooks Huggins Ifk8on Kemp Langford of 35th Langford of 29th Madden Marable Middleton Newbill

Oliver Parrish Perdue Pollard
Ragan of llth
Ragan of 32nd Ralston Ray Robinson Scott Slotin Starr Thomas Thompson Turner Tysinger

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Those not answering were Senators:

Abernathy Alien Balfour

Brown of 26th Coleman

Taylor Walker

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

Senator Henson of the 55th introduced the chaplain of the day, Dr. Ed Salter, Assistant Director of Chaplain Services, Allied Systems, Decatur, Georgia, who offered scripture read ing and prayer.

The following resolutions of the Senate and House were read and adopted:

SR 227. By Senator Blitch of the 7th: A resolution commending Mrs. Nezzie Bell Lastinger Tucker.

SR 229. By Senators Clay of the 37th, Isakson of the 21st, Ragan of the 32nd and Thompson of the 33rd:
A resolution commending LEGACY, a coordinated environmental education project.

SR 235. By Senators Clay of the 37th, Isakson of the 21st, Ragan of the 32nd and Thompson of the 33rd:
A resolution commending the Cobb Education Consortium.

HR 359. By Representatives Martin of the 47th, Childers of the 13th, Polak of the 67th and others:
A resolution commending Joseph E. Wilber, M.D.

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 Monday, March 1, 1993
TWENTY-EIGHTH LEGISLATIVE DAY
(The names listed with each bill are the Senators whose districts are affected by the legislation.)

HB 657 Alien, 2nd Coleman, 1st CHATHAM COUNTY
Creates the State Court of Chatham County; changes the compensation of the judges; provides for compensation for certain officials in the county; deletes the provisions relating to compensation of judges of the State Court of Chatham County.

HB 813 Blitch, 7th CAMDEN COUNTY
Provides for the Board of Education for Camden County; election districts; reapportion; nonpartisan elections.

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821

HB 814 Blitch, 7th CITY OF ST. MARY'S
Creates a new charter for the city; provides for election districts of councilmembers.
HB 815 Blitch, 7th CAMDEN COUNTY
Provides for Board of Commissioners of Camden County; election districts; reapportionment of commissioner districts.
HB 817 Gochenour, 27th CRAWFORD COUNTY
Provides for the Board of Education of Crawford County; reconstitutes and provides for powers, duties; election districts; and appointment of school su perintendent.
HB 818 Gochenour, 27th CRAWFORD COUNTY
Creates the Board of Commissioners of Crawford County; reapportions elec tion districts.
HB 833 Edge, 28th CITY OF GRANTVILLE
Provides for a new charter for the City of Grantville; staggered two-year term of office of mayor and council.
HB 839 Langford, 29th CITY OF LAGRANGE
Creates a new charter for the City of LaGrange; authorizes expenditures of municipal funds for certain purposes; for consolidation of LaGrange City Schools/Troup County System.
HB 840 Pollard, 24th OGLETHORPE COUNTY
Creates a Board of Commissioners; vice-chairperson; provides for a quorum to conduct meetings.
HB 841 Hemmer, 49th CITY OF GAINESVILLE
Creates a new charter for the City of Gainesville; provides for public school district; management; powers, duties; plans; zones.
HB 845 Robinson, 16th MARION COUNTY
Provides for the election of the Board of Education of Marion County; proce dures connected therewith.
The report of the committee, which was favorable to the passage of the bills as re ported, was agreed to.

822

JOURNAL OF THE SENATE

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

Those voting in the affirmative were Senators:

Alien Baugh Boshears Bowen Brown of 26th
Clay Coleman Crotts Dawkins Day Dean Edge Garner Glanton

Gochenour Harbison Hemmer Henson Hill
Hks Huggms Isakson Kemp Langford of 35th Langford of 29th Madden
Marable
Middleton
Newbill

Oliver Parrish Perdue Pollard Ragan of nth Ragan of 32nd Ralston R "ay . blotln Starr Taylor
Thompson
Turner
Tysinger

Those not voting were Senators:

Abernathy Balfour Blitch Broun of 46th

Cheeks Egan Farrow Gillis

Robinson Scott Thomas Walker

On the passage of all the local bills, the yeas were 44, nays 0.

All the bills on the Senate Local Consent Calendar, having received the requisite consti tutional majority, were passed.

SENATE RULES CALENDAR
Monday, March 1, 1993
TWENTY-EIGHTH LEGISLATIVE DAY
SB 206 Distilled Spirits Dealer--signs promoting lawful lottery (EDT&C--45th) SB 261 Conasauga Judicial Circuit Superior Courts--additional judge (Judy--54th) SB 263 Emergency Medical Technicians--repeal certain recertification requirements
(H&HS-- 22nd) SB 247 Criminal Storage of Firearms--provide for offense (Judy--38th) HB 87 Taxpayer's Bill of Rights--provide (F&PU--26th) HB 335 Unlicensed Home Care Operators--prohibit certain service representations
(H&HS-- 22nd)
HB 139 Wiretapping, Eavesdropping--cellular phone interception unlawful (Amend ment) (S Judy--32nd)
HB 454 Tractors, Heavy Equipment--regulate distribution (F&PU--18th) HB 344 Part-Time Judges--recusal, certain cases when conflict of interest
(S Judy--28th) HB 294 Children and Youth Home Parents--liability insurance (YA&HE--52nd)
HB 195 High Falls Lake--Department of Natural Resources issue permits for boat docks (Nat R--20th)
HB 4 Seat Belts, Minors Under 4 Years of Age--driver guilty, failure to secure (Amendment) (YA&HE--52nd)

MONDAY, MARCH 1, 1993

823

HB 353 Deputy Wardens of County Correctional Institutions--appointed by governing authority (Corr--19th)
HB 229 Motor Vehicle Ad Valorem Return--county required to be returned (F&PU--16th)
HB 352 Special Alternative Incarceration--apply to felony offenses (Amendment) (Corr--19th)
HB 493 County Board of Tax Assessors--may hold property appraisal staff position (U&CA G--33rd)
HB 197 Home Malt Beverage Production Without License--limitation (C Aff--35th)
HB 400 Practicing Psychology--no license required in certain positions (H&HS--55th)
Respectfully submitted,
/s/ George Hooks of the 14th, Chairman Senate Rules Committee

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

SB 206. By Senators Dawkins of the 45th, Slotin of the 39th, Starr of the 44th and others:
A bill to amend Article 1 of Chapter 4 of Title 3 of the Official Code of Georgia Annotated, relating to general provisions applicable to distilled spirits, so as to provide that the state revenue commissioner shall be authorized by rules and regulations to permit licensed retail dealers in distilled spirits to display signs inside and outside their retail establishments which advertise or promote certain lawful lotteries, provided that such signs are in compliance with certain laws.

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

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

Those voting in the affirmative were Senators:

Abernathy Alien Baugh Boshears Bowen Brown of 26th Burton Clay Coleman Crotts Dawkins Dean Edge

Garner Harbison Hemmer Henson Hill Hooks Huggins Isakson Kemp Langford of 35th Langford of 29th Madden Marable

Middleton Newbill Oliver Parrish Ragan of llth Ragan of 32nd Ralston Robinson Slotin Taylor Thompson Turner Tysinger

Those voting in the negative were Senators:

Day Gillis Glanton

Gochenour Perdue Pollard

Ray Starr

824

JOURNAL OF THE SENATE

Those not voting were Senators:

Balfour Blitch Broun of 46th

Cheeks Egan Farrow

Scott Thomas Walker

On the passage of the bill, the yeas were 39, nays 8.

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

Senator Edge of the 28th moved that Senator Balfour of the 9th be excused from the Senate today due to family concerns.

On the motion, the yeas were 36, nays 0; the motion prevailed, and Senator Balfour of the 9th was excused from the Senate today.

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

SB 261. By Senators Farrow of the 54th and Huggins of the 53rd:
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 fourth judge of the superior courts of the Conasauga Judicial Circuit of Georgia; to provide for the appointment, subsequent election, and terms of office of said judge; to require candidates for such judgeship to designate the judgeship for which they are offering.

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

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

Those voting in the affirmative were Senators:

Abernathy Alien Baugh Boshears Bowen Brown of 26th Burton Cheeks Clay Coleman Crotts Dawkins Day Dean Edge Farrow Garner

Gillis Glanton Gochenour Harbison Hemmer Henson Hooks Huggins Isakson Kemp Langford of 35th Langford of 29th Madden Marable Middleton Newbill Oliver

Parrish Perdue Pollard Ragan of llth Ragan of 32nd Ralston ^ Robinson
blotm. starr Taylor Thomas Thompson Turner Tysinger

Those not voting were Senators:

Balfour (excused) Blitch

Broun of 46th Egan

Hill Walker

MONDAY, MARCH 1, 1993

825

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

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

SB 263. By Senators Walker of the 22nd and Cheeks of the 23rd:
A bill to amend Article 3 of Chapter 11 of Title 31 of the Official Code of Georgia Annotated, relating to emergency medical services, so as to repeal certain recertification requirements for emergency medical technicians, paramedics, and car diac technicians; to repeal active practice requirements; to repeal certain grounds for revocation of certificates; to provide for applicability.

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

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

Those voting in the affirmative were Senators:

Abernathy Alien Baugh Blitch Boshears Bowen Broun of 46th BBr,ruorwt.onn of 26th CChlaeyeks
Coleman Crotts Day Dean Edge Farrow Garner

Gillis Glanton Gochenour Harbison Hemmer Henson Hill HHTTuogogksm s IKsaekmspon
Langford of 35th Langford of 29th Madden Marable Middleton Newbill Oliver

Parrish Perdue Pollard Ragan of llth Ragan of 32nd Ralston R ,,,,Ko?b.mson *, otm.
btarr Taylor Thomas Thompson Turner Tysinger Walker

Voting in the negative were Senators Dawkins and Egan.

Not voting was Senator Balfour (excused).

On the passage of the bill, the yeas were 53, nays 2.

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

SB 247. By Senator Abernathy of the 38th:
A bill to amend Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to dangerous instrumentalities and practices, so as to provide for 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.

826

JOURNAL OF THE SENATE

Senator Garner of the 30th offered the following amendment:

Amend SB 247 by striking from line 6 of page 1 the word "penalties" and inserting in lieu thereof the following:
"a penalty". By striking from lines 9 and 10 on page 1 the following: "to provide for mitigating factors relative to prosecution;".
By striking from line 18 on page 3 the following:
"felony.", and inserting in lieu thereof the following:
"misdemeanor. Upon conviction of an offense under this subsection, the defendant shall be punished by a fine of not more than $50.00."
By striking in their entirety lines 18 through 33 on page 4 and lines 1 through 34 on page 5.
By striking from line 1 of page 6 the following: "16-11-176",
and inserting in lieu thereof the following: "16-11-175".

On the adoption of the amendment offered by Senator Garner of the 30th, the Presi dent ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Baugh Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cheeks Coleman Crotts Dawkins Day Dean Egan Farrow Garner

Gillis Glanton Gochenour Harbison Hemmer Henson Hill Hooks Huggins Isakson Kemp Langford of 29th Madden Marable Middleton Newbill

Parrish Perdue Pollard Ragan of llth Ragan of 32nd Ralston Ray Robinson Slotin Starr Taylor Thomas Thompson Turner Tysinger Walker

Those voting in the negative were Senators:

Alien Clay

Edge Langford of 35th

Oliver Scott

Not voting were Senators Abernathy and Balfour (excused).

On the adoption of the amendment offered by Senator Garner of the 30th, the yeas were 48, nays 6, and the amendment was adopted.

MONDAY, MARCH 1, 1993

827

Senator Egan of the 40th offered the following amendment:

Amend SB 247 by adding on line 12, page 3, after the word "or" and before the word "that", the words "should know".

On the adoption of the amendment offered by Senator Egan of the 40th, the yeas were 49, nays 0, and the amendment was adopted.

Senator Newbill of the 56th offered the following amendment:

Amend SB 247 by adding on line 1, page 4, between "officer" and "or" the following: "or medical examiner and the duly sworn officers of that department.".

On the adoption of the amendment offered by Senator Newbill of the 56th, the yeas were 51, nays 1, and the amendment was adopted.

Senators Farrow of the 54th and Garner of the 30th offered the following amendment:

Amend SB 247 by deleting on line 8 of page 6 the following: "or imprisoned, or both," And by deleting on line 17 of page 6 the following: "or imprisoned, or both,".

On the adoption of the amendment offered by Senators Farrow of the 54th and Garner of the 30th, the yeas were 48, nays 1, and the amendment was adopted.

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

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

Those voting in the affirmative were Senators:

Abernathy Alien Brown of 26th Dawkins Egan

Garner Harbison Henson Langford of 35th Oliver

Scott Slotin Taylor Thomas Walker

Those voting in the negative were Senators:

Baugh Blitch Boshears Bowen Broun of 46th Burton Cheeks Clay Crotts Day Dean Edge Farrow

Gillis Glanton Gochenour Hemmer Hill Hooks Huggins Isakson Kemp Langford of 29th Madden Marable Middleton

Newbill Parrish Perdue Pollard Ragan of llth Ragan of 32nd Ralston Ray Robinson Starr Thompson Turner Tysinger

828

JOURNAL OF THE SENATE

Not voting were Senators Balfour (excused) and Coleman.

On the passage of the bill, the yeas were 15, nays 39.

The bill, having failed to receive the requisite constitutional majority, was lost.

Senator Abernathy of the 38th gave notice that, at the proper time, he would move that the Senate reconsider its action in defeating SB 247.

HB 87. By Representatives Baker of the 70th, Bordeaux of the 151st and Orrock of the 56th:
A bill to amend Chapter 1 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions regarding revenue and taxation, so as to provide for a taxpayer's bill of rights.
Senate Sponsor: Senator Brown of the 26th.

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

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

Those voting in the affirmative were Senators:

Alien Baugh Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cheeks Clay Coleman Crotts Dawkins Day Dean Edge Farrow Garner

Gillis Glanton Gochenour Harbison Hemmer Henson Hill Hooks Huggins Isakson Kemp Langford of 35th Langford of 29th Madden Marable Middleton Newbill Oliver

Parrish Perdue Pollard Ragan of llth Ragan of 32nd Ralston Ray Robinson Scott Slotin Starr Taylor Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Abernathy

Balfour (excused)

Egan

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

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

Senator Perdue of the 18th introduced the doctor of the day, Dr. James Spivey, of Warner Robins, Georgia.

MONDAY, MARCH 1, 1993

829

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

HB 335. By Representative Randall of the 127th:
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 home care operators from making certain representations re garding services.
Senate Sponsor: Senator Walker of the 22nd.

Senator Isakson of the 21st offered the following amendment:

Amend HB 335 by deleting the ";" and the word "or" on line 26, page 1, and inserting a "period";
By striking lines 1 through 27 on page 2; and
By adding "(B)" before the word "for" on line 28, page 2.

On the adoption of the amendment, the yeas were 14, nays 31, 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:

Alien Baugh Blitch Bowen Broun of 46th Brown of 26th Cheeks Coleman Dawkins Day Garner Gillis Harbison

Hemmer Henson Hill Hooks Huggins Kemp Langford of 29th Madden Marable Middleton Oliver Parrish Perdue

Pollard Ragan of llth Ragan of 32nd Ray Robinson Slotin Starr Taylor Thomas Thompson Turner Tysinger Walker

Those voting in the negative were Senators:

Boshears Burton

Edge Egan

Gochenour Isakson

Crotts Dean

Farrow Glanton

Newbill Ralston

Those not voting were Senators:

Abernathy Balfour (excused)

Langford of 35th

Scott

On the passage of the bill, the yeas were 39, nays 13.

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

830

JOURNAL OF THE SENATE

HB 139. By Representative Wall of the 82nd:
A bill to amend Part 1 of Article 3 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to wiretapping, eavesdropping, surveillance, and related offenses, so as to provide that it shall be unlawful for any person, mali ciously and without the consent of all parties to the communication, to intercept, receive, or assist in intercepting or receiving a communication transmitted be tween cellular radio telephones or between any cellular radio telephone and a landline telephone.
Senator Sponsor: Senator Ragan of the 32nd.

The Senate Committee on Special Judiciary offered the following amendment:

Amend HB 139 by adding on lines 6 and 27 of page 1 after the word "communicate" and before the word "to" the following:
"intentionally"

Senator Ragan of the 32nd offered the following amendment:

Amend the amendment offered by the Senate Committee on Special Judiciary to HB 139 by changing the word "communicate" to "communication".

On the adoption of the amendment, the yeas were 40, nays 0, and the amendment of fered by Senator Ragan of the 32nd was adopted.

On the adoption of the amendment offered by the Senate Committee on Special Judici ary, the yeas were 41, nays 0, and the amendment was adopted as amended.

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

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

Those voting in the affirmative were Senators:

Baugh Blitch Boshears Bowen Broun of 46th Brown of 26th
Cheeks Clay Coleman Crotts Dawkins Day Edge Egan Farrow Garner

Glanton Gochenour Harbison Hemmer Henson Hill Hooks Huggms Isakson Kemp Langford of 35th Langford of 29th Madden Marable Middleton Newbill Oliver

Parrish Pollard Ragan of llth Ragan of 32nd Ralston Ray Robinson o .. c] . 'otm btarr Tavlor Thomas Thompson Turner Tysinger Walker

Voting in the negative was Senator Perdue.

MONDAY, MARCH 1, 1993

831

Those not voting were Senators:

Abernathy Alien

Balfour (excused) Dean

Gillis

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

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

HB 454. By Representatives Walker of the 141st, Reaves of the 178th, Watson of the 139th and others:
A bill to amend Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to trade practices, and Chapter 8 of Title 13 of the Official Code of Geor gia Annotated, relating to illegal and void contracts, so as to provide for regula tion of the distribution of tractors, farm equipment, heavy equipment, and motor vehicles.
Senate Sponsor: Senator Perdue of the 18th.

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

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

Those voting in the affirmative were Senators:

Alien Baugh Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cheeks Clay Coleman Crotts Dawkins Day Dean Edge Egan

Farrow Garner Glanton Gochenour Harbison Hemmer Henson Hill Hooks Huggins Kemp Langford of 35th Langford of 29th Madden Marable Middleton Newbill

Oliver Parrish Perdue Pollard Ragan of llth Ralston Ray Robinson Scott Slotin Starr Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Abernathy Balfour (excused)

Gillis Isakson

Ragan of 32nd Taylor

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

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

HB 344. By Representatives Thomas of the 100th, Chambless of the 163rd, Barnes of the 33rd and Cauthorn of the 35th:
A bill to amend Code Section 15-1-8 of the Official Code of Georgia Annotated, relating to when judge or judicial officer is disqualified, so as to provide for

832

JOURNAL OF THE SENATE

recusal by part-time judges in certain cases where a conflict of interest exists; to provide that in certain cases where a conflict exists that the case may be trans ferred to superior court.
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:

Abernathy Alien Baugh Blitch Boshears Bowen Burton Cheeks Clay Coleman Crotts Dawkins Day Dean Edge Egan Farrow

Garner Glanton Gochenour Harbison Hemmer Henson Hill Hooks Huggins Kemp Langford of 35th Langford of 29th Madden Marable Middleton Newbill Oliver

Parrish Perdue Pollard Ragan of llth Ragan of 32nd Ralston Ray Robinson Scott Slotin Starr Taylor Thomas Thompson Turner Tysinger Walker

Voting in the negative was Senator Brown of the 26th.

Those not voting were Senators:

Balfour (excused) Broun of 46th

Gillis

Isakson

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

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

The President announced that the Senate would stand in recess from 11:56 o'clock A.M. until 1:30 o'clock P.M.

At 1:30 o'clock P.M., the President called the Senate to order.

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

HB 294. By Representatives Sinkfield of the 57th, McKinney of the 51st, Royal of the 164th and others:
A bill to amend Code Section 45-9-4 of the Official Code of Georgia Annotated, relating to the purchase of insurance by the commissioner of administrative ser vices, so as to authorize the purchase of liability insurance for attention and con tract home parents providing services through the Department of Children and

MONDAY, MARCH 1, 1993

833

Youth Services as well as to purchase insurance against property damage to their homes by youth living therein.
Senate Sponsor: Senator Marable of the 52nd.

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

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

Those voting in the affirmative were Senators:

Abernathy Boshears Bowen Broun of 46th Burton Cheeks Coleman Crotts Dawkins Day Dean Edge Egan Farrow

Garner Gillis Glanton Hill Hooks Huggins Langford of 29th Madden Marable Middleton Newbill Oliver Parrish

Pollard Ragan of llth Ragan of 32nd Ralston Ray Robinson Slotin Taylor Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Alien Balfour (excused) Baugh Blitch Brown of 26th Clay

Gochenour Harbison Hemmer Henson Isakson

Kemp Langford of 35th Perdue Scott Starr

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

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

HB 195. By Representatives Jenkins of the 110th and Smith of the 109th:
A bill to amend Article 2 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to state parks and recreational areas generally, so as to au thorize the Department of Natural Resources to issue permits for the construc tion, maintenance, and use of boat docks on High Falls Lake which is owned by the state; to amend Code Section 50-16-42 of the Official Code of Georgia Anno tated, relating to the authority of the State Properties Commission to grant revo cable license agreements without competitive bidding.
Senate Sponsor: Senator Gillis of the 20th.

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

834

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:

Abernathy Baugh Boshears Bowen Broun of 46th Brown of 26th Burton CChoeleemksan
Crotts Dawkins
Day Dean Edge Egan Farrow

Garner Gillis Glanton Gochenour Harbison Hemmer Henson HHoilol ks
Huggins Kemp
Langford of 29th Madden Marable Middleton Newbill

Oliver Parrish Pollard Ragan of llth Ragan of 32nd Ralston n JRro^b.inson
lotfn lavlor
Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Alien Balfour (excused) Blitch

Clay Isakson Langford of 35th

Perdue Scott Starr

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

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

HB 4. By Representative Lane of the 55th:
A bill to amend Code Section 40-8-76.1 of the Official Code of Georgia Anno tated, relating to the use of safety belts in passenger vehicles, so as to provide that in any case where a minor passenger over four years of age fails to use a safety belt in a passenger vehicle as required by law, the driver of the passenger vehicle shall be guilty of the offense of failure to secure a safety belt on a minor.
Senate Sponsor: Senator Marable of the 52nd.
The Senate Committee on Youth, Aging and Human Ecology offered the following amendment:
Amend HB 4 by striking lines 16 through 26 of page 2 and inserting in their place the following:
"(3) Each minor over four years of age who is an occupant of a passenger vehicle shall, while such passenger vehicle is being operated on a public road, street, or highway of this state, be restrained by a seat safety belt approved under Federal Motor Vehicle Safety Stan dard 208. In any case where a minor passenger over four years of age fails to comply with the requirements of this paragraph, the driver of the passenger vehicle shall be guilty of the offense of failure to secure a safety belt on a minor and, upon conviction thereof, may be fined not more than $25.00. The court imposing such a fine shall not forward a record of the court disposition of the case of failure to secure a safety belt on a minor to the Department of Public Safety.'"
On the adoption of the amendment, the yeas were 40, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.

MONDAY, MARCH 1, 1993

835

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

Those voting in the affirmative were Senators:

Abernathy Blitch Boshears Bowen Broun of 46th Brown of 26th Burton
PvyViiloccaKVSo
Coleman Crotts Dawkins Day Dean Edge Egan Farrow

Garner Gillis Gochenour Harbison Hemmer Hill Hooks Huggins Isakson Kemp Langford of 29th Madden Marable Middleton Newbill

Oliver Parrish Pollard Ragan of llth Ragan of 32nd Ralston Ray Robinson Slotin Taylor Thomas Thompson Turner Tysinger Walker

Voting in the negative were Senators Baugh and Glanton.

Those not voting were Senators:

Alien Balfour (excused) Clay

Henson Langford of 35th Perdue

Scott Starr

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

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

HB 353. By Representatives Colwell of the 7th, Dobbs of the 92nd and Greene of the 158th:
A bill to amend Article 2 of Chapter 5 of Title 42 of the Official Code of Georgia Annotated, relating to wardens, superintendents, and other personnel of correc tional institutions of the state and counties, so as to provide that deputy wardens of the various county correctional institutions shall be appointed by the gov erning authority of the county, subject to the approval of the Board of Correc tions, and shall serve at the pleasure of the county or the board.
Senate Sponsor: Senator Ray of the 19th.

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

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

Those voting in the affirmative were Senators:

Abernathy Baugh Blitch Boshears Broun of 46th Brown of 26th Burton

Cheeks Coleman Crotts Dawkins Day Dean Edge

Egan Farrow Garner Gillis Glanton Gochenour Harbison

836

JOURNAL OF THE SENATE

Hemmer Henson Hill Hooks Huggins Isakson Kemp Langford of 29th Madden

Marable Middleton Newbill Oliver Parrish Pollard Ragan of llth Ragan of 32nd Ralston

Ray Robinson Scott Slotin Taylor Thomas Thompson Turner Tysinger

Those not voting were Senators:

Alien Balfour (excused) Bowen

Clay Langford of 35th Perdue

Starr Walker

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

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

HB 229. By Representatives Buck of the 135th, Smyre of the 136th and Culbreth of the 132nd:
A bill to amend Code Section 48-5-444 of the Official Code of Georgia Annotated, relating to the place of returns of motor vehicles and mobile homes for ad valorem tax purposes, so as to change certain provisions relating to the county where a motor vehicle is required to be returned.
Senate Sponsor: Senator Robinson of the 16th.

The following Memorandum, as required by law, was read by the Secretary:

DEPARTMENT OF AUDITS 254 Washington Street, SW Room 214 Atlanta, Georgia 30334-8400

MEMORANDUM

TO:

The Honorable Bill Dover, Chairman

House Ways and Means Committee

FROM:

Claude L. Vickers, State Auditor Henry M. Huckaby, Director, Office of Planning and Budget

DATE:

February 5, 1993

SUBJECT: Fiscal Note - House Bill 229 (LC 18 5187) Ad Valorem Tax - County of Return of Motor Vehicles

This Bill would change the definition of where a motor vehicle must be returned for tax purposes to include the county in which an owner claims a homestead exemption, or if no such exemption is claimed, then the motor vehicle would be returned to the county of the owner's domicile.

The Bill would not have a fiscal impact on state revenue. Current law requires owners to return motor vehicles for tax purposes in the county of the owners' domicile. This Bill primarily expands the definition of domicile to specifically include the county in which the homeowner claims a homestead exemption. While this requirement might result in some

MONDAY, MARCH 1, 1993

837

taxpayers purchasing motor vehicle licenses in different counties, there is no way to measure the extent to which this might occur, or the effect it might have on county revenues.

/s/ Claude L. Vickers 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:

Abernathy Baugh Blitch Boshears Broun of 46th Brown of 26th Burton Cheeks Coleman Crotts Dawkins Day Dean Edge Egan Farrow

Garner Gillis Glanton Gochenour Harbison Hemmer Henson Hill Hooks Huggins Isakson Kemp Langford of 29th Madden Marable Middleton

Newbill Oliver Pollard Ragan of llth Ragan of 32nd Ralston Ray Robinson Scott Slotin Taylor Thomas Thompson Turner Tysinger Walker

Voting in the negative was Senator Parrish.

Those not voting were Senators:

Alien Balfour (excused) Bowen

Clay Langford of 35th

Perdue Starr

On the passage of the bill, the yeas were 48, nays 1.

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

HB 352. By Representatives Colwell of the 7th, Dobbs of the 92nd and Greene of the 158th:
A bill to amend Code Section 42-8-35.1 of the Official Code of Georgia Anno tated, relating to special alternative incarceration, so as to provide that such spe cial alternative incarceration shall apply to felony offenses; to provide that the Department of Corrections may extend the confinement period for an additional period not to exceed 30 days as a result of a disciplinary infraction as determined through a formal disciplinary process implemented by the department.
Senate Sponsor: Senator Ray of the 19th.
The Senate Committee on Corrections offered the following amendment:
Amend HB 352 by striking from lines 5 through 9 on page 1 the following:
"provide that the Department of Corrections may extend the confinement period for an additional period not to exceed 30 days as a result of a disciplinary infraction as determined through a formal disciplinary process implemented by the department;",

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and inserting in lieu thereof the following:
"provide that the special alternative incarceration shall be for a period of 120 days computed from the time of initial confinement, provided that the Department of Correc tions may release the defendant upon service of 90 days in recognition of excellent behavior;".
By striking from lines 25 through 27 on page 1 and lines 1 through 4 on page 2 the following:
"for a period of 90 days from the time of initial confinement in the unit; provided, however, that the department may extend the confinement period for an additional period not to exceed 30 days as a result of a disciplinary infraction as determined through a formal disciplinary process implemented by the department, '""j
and inserting in lieu thereof the following:
"for a period of 99 120 days computed from the time of initial confinement in the unit; provided, however, the department may release the defendant upon service of 90 days in recognition of excellent behavior.' "

On the adoption of the amendment, the yeas were 43, nays 0, and the amendment was adopted.

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

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

Those voting in the affirmative were Senators:

Abernathy Baugh Blitch Boshears Broun of 46th Brown of 26th Burton Cheeks Clay Coleman Crotts Dawkins Day Dean Edge Egan Farrow

Garner Gillis Glanton Gochenour Harbison Hemmer Henson Hill Huggins Isakson Kemp Langford of 29th Madden Marable Middleton Newbill Oliver

Parrish Pollard Ragan of llth Ragan of 32nd Ralston Ray Robinson Scott Slotin Starr Taylor Thomas Thompson Turner Tysinger Walker

Voting in the negative was Senator Hooks.

Those not voting were Senators:

Alien Balfour (excused)

Bowen Langford of 35th

Perdue

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

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

MONDAY, MARCH 1, 1993

839

Senator Hooks of the 14th requested that today's Journal show the following statement:

Dear Mr. Secretary

"3/1/93

My machine malfunctioned on House Bill 352. My vote should be recorded as yea.
/s/ George Hooks Sen. District, 14"

HB 493. By Representatives Bailey of the 93rd, Benefield of the 96th, Lee of the 94th and others:
A bill to amend Code Section 48-5-292 of the Official Code of Georgia Annotated, relating to the ineligibility of members of the county board of tax assessors to hold other offices, so as to provide that such members shall not be eligible to hold simultaneously any county property appraisal staff position.
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:

Abernathy Baugh Blitch Boshears Broun of 46th Brown of 26th Burton Cheeks Clay Crotts Dawkins Day Dean Edge Egan Farrow Gillis

Glanton Gochenour Harbison Hemmer Henson Hill Hooks Huggins Isakson Kemp Langford of 29th Madden Marable Middleton Newbill Oliver Parrish

Perdue Pollard Ragan of llth Ragan of 32nd Ralston Ray Robinson Scott Slotin Starr Taylor Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Alien Balfour (excused)

Bowen Coleman

Garner Langford of 35th

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

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

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HB 197. By Representatives Dixon of the 168th, Mobley of the 69th and Hegstrom of the 66th:
A bill to amend Article 1 of Chapter 5 of Title 3 of the Official Code of Georgia Annotated, relating to general provisions regarding malt beverages, so as to pro vide that a head of a household may produce 50 gallons of malt beverages per year for home consumption without being licensed or paying excise taxes.
Senate Sponsors: Senator Langford of the 35th and 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:

Abernathy Baugh Blitch Boshears Broun of 46th Brown of 26th Burton Clay Crotts Dawkins Edge Egan

Gillis Gochenour Hemmer Henson Hill Hooks Isakson Kemp Langford of 29th Newbill Oliver Parrish

Ragan of llth Ragan of 32nd Ray Robinson Scott Slotin Taylor Thomas Thompson Turner Tysinger Walker

Those voting in the negative were Senators:

Cheeks av IJean Farrow Glanton

Harbison Huggins Madden Marable

Middleton Pollard Ralston Starr

Those not voting were Senators:

Alien Balfour (excused) Bowen

Coleman Garner

Langford of 35th Perdue

On the passage of the bill, the yeas were 36, nays 13.

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

HB 400. By Representatives Skipper of the 137th, Childers of the 13th and Culbreth of the 132nd:
A bill to amend Code Section 43-39-7 of the Official Code of Georgia Annotated, relating to practicing psychology without a license, so as to provide that persons practicing psychology in certain positions shall not be required to possess a valid license.
Senate Sponsor: Senator Henson of the 55th.

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

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841

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

Those voting in the affirmative were Senators:

Abernathy Baugh Blitch Boshears Broun of 46th Brown of 26th Burton CClhaeyeks Dawkins
Day Dean Edge Egan Farrow Garner

Gillis Gochenour Harbison Hemmer Henson Hill Hooks IHsaukgsgoinns Kemp
Langford of 29th Madden Marable Middleton Oliver Parrish

Perdue Pollard Ragan of llth Ragan of 32nd Ralston R c ,, lfotm btarr
Taylor Thomas Thompson Turner Tysinger Walker

Voting in the negative were Senators Glanton and Newbill.

Those not voting were Senators:

Alien Balfour (excused) Bowen

Coleman Crotts

Langford of 35th Robinson

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

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

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

SB 195. By Senators Isakson of the 21st, Clay of the 37th, Ragan of the 32nd and Thompson of the 33rd:
A bill to provide a homestead exemption from Cobb County ad valorem taxes for county purposes in an amount equal to the amount of the assessed value of the homestead which exceeds the assessed value of the homestead for the taxable year immediately preceding the taxable year in which that exemption is first granted to a resident for certain residents of that county who have annual in comes not exceeding $30,000.00 and who are 62 years of age or over.

The House substitute to SB 195 was as follows:

A BILL
To be entitled an Act to provide a homestead exemption from Cobb County ad valorem taxes for county purposes in an amount equal to the amount of the assessed value of the homestead which exceeds the assessed value of that homestead for the taxable year immedi ately preceding the taxable year in which that exemption is first granted to a resident for certain residents of that county who have annual incomes not exceeding $50,000.00 and who are 62 years of age or over; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide

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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 Cobb County, except for taxes to pay interest on and to retire bonded indebtedness.
(2) "Homestead" means homestead as denned and qualified in Code Section 48-5-40 of the O.C.G.A.
(3) "Income" means federal adjusted gross income, as defined in the Internal Revenue Code of 1986, as amended, from all sources.
(4) "Senior citizen" means a person who is 62 years of age or over on or before January 1 of the year in which application for the exemption under this Act is made.
Section 2. (a) Each resident of Cobb County who is a senior citizen is granted an ex emption on that person's homestead from all Cobb County ad valorem taxes for county purposes in an amount equal to the amount of the assessed value of that homestead which exceeds the assessed value of that homestead for the taxable year immediately preceding the taxable year in which this exemption is first granted to such resident, if that person's in come, together with the income of the spouse of such person who resides within such home stead, does not exceed $50,000.00 for the immediately preceding taxable year.
(b) A person shall not receive the homestead exemption granted by subsection (a) of this section unless the person or person's agent files an affidavit with the tax commissioner of Cobb County giving the person's age and the amount of gross income which the person and the person's spouse and any other persons residing within such homestead received during the last taxable year, and such additional information relative to receiving such ex emption as will enable the tax commissioner to make a determination as to whether such owner is entitled to such exemption. The tax commissioner shall provide affidavit forms for this purpose.
Section 3. The tax commissioner of Cobb 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 initial and continuing 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. After a person has filed the proper affidavit as provided in subsection (b) of Section 2 of this Act, it shall not be neces sary to make application and file such affidavit thereafter for any year and the exemption shall continue to be allowed to such person. It shall be the duty of any person granted the homestead exemption under this Act to notify the tax commissioner of Cobb County or the designee thereof in the event that person for any reason becomes ineligible for that exemption.
Section 5. The exemption granted by this Act shall not apply to or affect any state taxes, municipal taxes, or Cobb 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 Cobb County ad valorem taxes for county purposes.
Section 6. The exemption granted by this Act shall apply to all taxable years beginning on or after January 1, 1995.
Section 7. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Cobb County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of Cobb County for ap proval or rejection. The election superintendent shall conduct that election on the date of

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843

the November, 1994, state-wide general election and shall issue the call and conduct that election as provided by general law. 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 Cobb County. The ballot shall have written or printed thereon the words:

"[ ] YES [ ] NO

Shall the Act be approved which provides a homestead exemption from Cobb County ad valorem taxes for county purposes in an amount equal to the amount of the assessed value of the homestead which exceeds the as sessed value of that homestead for the taxable year immediately preceding the taxable year in which such exemption is first granted to a resident for certain residents of Cobb County who are 62 years of age or over and who have annual incomes not exceeding $50,000.00?"

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, Sections 1 through 6 shall become of full force and effect on January 1, 1995. If the Act is 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 immedi ately following that election date.

The expense of such election shall be borne by Cobb County. It shall be the election 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.

Senator Isakson of the 21st moved that the Senate agree to the House substitute to SB 195.

On the motion, the yeas were 46, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 195.

Senator Brown of the 26th requested that today's Journal show the following statement:

The State Senate Atlanta, Georgia 30334
March 1, 1993
Honorable Frank Eldridge Secretary of Senate Room 353 State Capitol Atlanta, Georgia
Dear Mr. Secretary:
I was in the anteroom and missed the roll call vote this morning. Please attach this letter to the journal.
Thank you.
Sincerely,
1st Robert Brown

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Senator Gillis of the 20th moved that the Senate do now adjourn until 9:30 o'clock A.M. tomorrow, and the motion prevailed.
At 2:14 o'clock P.M., the President announced the Senate adjourned until 9:30 o'clock A.M. tomorrow.

TUESDAY, MARCH 2, 1993

845

Senate Chamber, Atlanta, Georgia Tuesday, March 2, 1993
Twenty-ninth Legislative Day

The Senate met pursuant to adjournment at 9:30 o'clock A.M. today and was called to order by the President.
Senator Huggins of the 53rd reported that the Journal of yesterday's proceedings had been read and found correct.
Senator Garner of the 30th moved that the Senate reconsider its action on Monday, March 1, in defeating the following bill of the Senate:
SB 247. By Senator Abernathy of the 38th: A bill to amend Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to dangerous instrumentalities and practices, so as to provide for 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.
On the motion, the yeas were 3, nays 31; the motion was lost, and SB 247 was not reconsidered.
By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House:
HB 888. By Representative Smith of the 109th: A bill to provide a new charter for the City of Flovilla.
HB 755. By Representatives Walker of the 141st, Groover of the 125th, Thomas of the 100th, Carlisle of the 107th, Reichert of the 126th and others: A bill to amend Code Section 36-37-6 of the Official Code of Georgia Annotated, relating to disposition of municipal property, so as to provide an exception to the bid requirements for certain trades or swaps.
HB 719. By Representatives Buck of the 135th, Culbreth of the 132nd, Taylor of the 134th, Smith of the 102nd, Hugley of the 133rd and others: A bill to amend Part 4 of Article 2 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to the emergency telephone number "911" system, so as to include military bases within the definition of local government; to allow service suppliers collecting "911" charges from subscribers located on military bases to apply these funds directly to the service supplier's bill for "911" service rather than remitting the funds to an Emergency Telephone System Fund.

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HB 190. By Representatives Evans of the 28th and Groover of the 125th:
A bill to amend Code Section 15-18-22 of the Official Code of Georgia Annotated, relating to the use of third-year law students and law school staff instructors as legal assistants in criminal proceedings, so as to authorize the use of third-year law students from law schools within or outside the state as legal assistants in criminal proceedings.
HB 257. By Representatives Patten of the 176th and Dobbs of the 92nd:
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 define a certain term; to provide standards for major modifications to solid waste facilities; to provide conditions for vertical expansions of solid waste facilities.
HB 402. By Representatives Cauthorn of the 35th and Hammond of the 32nd:
A bill to amend Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to superior courts, so as to repeal provisions authorizing investment or deposit of funds paid into the court registry; to further amend said chapter and Chapters 7 and 10 of Title 15 of the Official Code of Georgia Annotated, relating respectively to state courts of counties and magistrate courts, so as to provide that clerks of such courts shall deposit funds paid into the court registry into interest-bearing trust accounts.
HB 403. By Representatives Cauthorn of the 35th and Hammond of the 32nd:
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 repeal a provision authorizing deposit of certain funds held by the sheriffs of certain counties.
HB 491. By Representative Randall of the 127th:
A bill to amend Article 6 of Chapter 34 of Title 43 of the Official Code of Georgia Annotated, the "Respiratory Care Practices Act," so as to change the provisions relating to definitions; to change the powers of the Composite State Board of Medical Examiners; to change the provisions regarding persons who may obtain certification without meeting certain requirements.
HB 882. By Representative Parrish of the 144th:
A bill to amend Chapter 6A of Title 35 of the Official Code of Georgia Anno tated, relating to the Criminal Justice Coordinating Council, so as to change the membership of such council.
HB 376. By Representatives Ladd of the 59th and Chandler of the 99th:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to authorize a nominated candidate to withdraw as a candidate at the ensuing general election.
HB 446. By Representative Thomas of the 100th:
A bill to amend Article 2 of Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to board of jury commissioners, so as to provide remunera tion for jury commissioners and the clerk of the board of jury commissioners.
HB 689. By Representative Barnes of the 33rd:
A bill to amend Article 4 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, the "Hospital Authorities Law," so as to provide for the merger of

TUESDAY, MARCH 2, 1993

847

certain hospital authorities and the terms, conditions, and effects of such merger; to provide for reactivating certain hospital authorities.

HB 651. By Representative Groover of the 125th:
A bill to amend Part 2 of Article 7 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to the North Georgia Mountains Authority, so as to authorize the authority to purchase or lease property; to authorize the authority to borrow money; to authorize the authority to sell or dispense alcohol and alco holic beverages on property owned or under the control of the authority.

HB 311. By Representatives Coleman of the 142nd, Dover of the 9th, Connell of the 115th, Royal of the 164th, Watson of the 139th and others:
A bill to amend Code Section 3-2-30 and Code Section 48-11-19 of the Official Code of Georgia Annotated, relating to the powers and duties of special agents and enforcement officers of the Department of Revenue, so as to provide that after an agent or enforcement officer has accumulated 25 years of service with the Department of Revenue, upon leaving the department under honorable condi tions, such agent or enforcement officer shall be entitled as part of such officer's compensation to retain his or her weapon and badge.

HB 264. By Representatives Baker of the 70th, Coleman of the 142nd, Thomas of the 100th and Chambless of the 163rd:
A bill to amend Title 14 of the Official Code of Georgia Annotated, relating to corporations partnerships, and associations so as to provide for the formation, operation, and dissolution of limited liability companies, to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to authorize certain professions and businesses to form or be members of limited liability companies.

The House has adopted by the requisite constitutional majority the following resolution of the Senate:

SR 127. By Senators Coleman of the 1st and Alien of the 2nd:
A resolution authorizing the conveyance of certain state property and the grant ing of certain nonexclusive easements for operation and maintenance of a thor oughfare and for other purposes in, on, over, under, upon, across, or through property owned by the State of Georgia in Chatham County, Georgia; to provide an effective date.

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

HB 780. By Representatives Channell of the lllth and Yeargin of the 90th:
A bill to amend an Act providing an annual salary for the Wilkes County coro ner, so as to change the salary of the coroner.

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JOURNAL OF THE SENATE

The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:
SB 339. By Senators Robinson of the 16th, Henson of the 55th, Pollard of the 24th and Harbison of the 15th:
A bill to amend Code Section 45-20-2 of the Official Code of Georgia Annotated, relating to definitions regarding the State Merit System of Personnel Adminis tration, so as to provide for the reclassification of certain employees employed by the Commissioner of Insurance; to provide an effective date. Referred to Committee on Governmental Operations.
SB 340. By Senators Marable of the 52nd, Robinson of the 16th and Henson of the 55th:
A bill to amend Article 1 of Chapter 11 of Title 40 of the Official Code of Georgia Annotated, relating to general provisions relative to abandoned motor vehicles, so as to provide procedures for determination that a vehicle is a derelict motor vehicle; to provide for disposition of derelict motor vehicles; to provide for notice and procedures; to provide for cancellation of the title of a derelict motor vehicle; to provide for penalties. Referred to Committee on Public Safety.
SB 341. By Senators Madden of the 47th, Marable of the 52nd, Newbill of the 56th and Middleton of the 50th:
A bill to amend Part 3 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to educational programs under the "Quality Basic Education Act," so as to authorize alternative education programs for high school diploma credit for students without regard to age and so as to include such pro gram in the full-time equivalent (FTE) program count; to provide for related matters; to provide an effective date. Referred to Committee on Education.
SB 342. By Senator Madden of the 47th:
A bill to amend Part 6 of Article 7 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, the "Upper Savannah River Development Authority Act," so as to change the membership of the authority; to change the operational jurisdic tion of the authority; to revise the scope and definition of a project of the author ity; to remove the prohibition on acquisition of encumbered property; to charge tolls, fees, rents, and assessments for use of authority property. Referred to Committee on Natural Resources.
SB 343. By Senator Coleman of the 1st:
A bill to amend Code Section 32-6-51 of the Official Code of Georgia Annotated, relating to erection or maintenance of unlawful or unauthorized structures on public roads, so as to change a definition; to require permits from the Depart ment of Transportation for bus shelters on state or federal aid primary roads, and to authorize local governments to require approval for bus shelters on certain other roads; to provide for orders; to remove shelters in violation. Referred to Committee on Transportation.
SB 344. By Senator Edge of the 28th:
A bill to amend Code Section 21-2-132 of the Official Code of Georgia Annotated, relating to filing a notice of candidacy, nomination petition, and affidavit by can didates for political office, so as to provide that the name of a candidate for a seat in the United States House of Representatives who has served in such office

TUESDAY, MARCH 2, 1993

849

for six of the last 11 years shall not appear on the ballot; to provide legislative laws; to provide an effective date. Referred to Committee on Special Judiciary.
SB 345. By Senator Cheeks of the 23rd:
A bill to amend Chapter 22 of Title 31 of the Official Code of Georgia Annotated, relating to clinical laboratories, so as to prohibit certain billing practices with regard to clinical laboratory tests; to provide for laboratory forms. Referred to Committee on Health and Human Services.
SB 346. By Senators Robinson of the 16th and Harbison of the 15th:
A bill to amend Code Section 7-1-320 of the Official Code of Georgia Annotated, relating to definitions with regard to affiliate transfers between certain financial institutions, so as to provide that an affiliate transfer shall include a transfer of fiduciary capacities from a bank to an affiliated bank authorized to exercise trust powers; to provide that an affiliated trust company shall include an affiliated bank authorized to exercise trust powers. Referred to Committee on Banking and Financial Institutions.
SB 347. By Senators Robinson of the 16th and Harbison of the 15th:
A bill to amend Code Section 7-1-394 of the Official Code of Georgia Annotated, relating to the investigation of and approval or disapproval of banks and trust companies, so as to authorize the Department of Banking and Finance to estab lish by rule or as a condition to the approval of articles of incorporation of a special purpose bank certain special conditions; to provide for editorial revision. Referred to Committee on Banking and Financial Institutions.
SB 348. By Senators Kemp of the 3rd, Boshears of the 6th, Alien of the 2nd and others:
A bill to amend Code Section 16-11-130 of the Official Code of Georgia Anno tated, relating to persons exempted from Code Sections 16-11-126 through 16-11128, so as to exempt clerks of superior court from the foregoing Code sections. Referred to Committee on Judiciary.
SB 349. By Senators Kemp of the 3rd, Boshears of the 6th, Alien of the 2nd and others:
A bill to amend Chapter 13 of Title 47 of the Official Code of Georgia Annotated, relating to the District Attorneys' Retirement System, so as to repeal a prohibi tion against the private practice of criminal law by a district attorney who retires under said chapter. Referred to Committee on Retirement.
SB 350. By Senators Slotin of the 39th, Oliver of the 42nd and Abernathy of the 38th:
A bill to amend Chapter 6 of Title 16 of the Official Code of Georgia Annotated, relating to sexual offenses, so as to provide that certain acts shall not constitute the offense of sodomy or the offense of solicitation of sodomy. Referred to Committee on Judiciary.
SB 351. By Senator Abernathy of the 38th:
A bill to provide that the governing authority of Fulton County may not expand any existing noncommercial county airport to accommodate a commercial use unless such expansion is approved in a referendum. Referred to Committee on Urban and County Affairs.

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SB 352. By Senators Middleton of the 50th, Marable of the 52nd, Thompson of the 33rd and others: A bill to amend Code Section 20-2-915 of the Official Code of Georgia Annotated, relating to health insurance coverage for retiring and retired public school em ployees and certain other employees, so as to provide for such coverage for all such persons.
Referred to Committee on Health and Human Services.
SB 353. By Senator Middleton of the 50th: A bill to amend an Act creating the Board of Commissioners of Rabun County, as amended, so as to change the provisions relating to the supervisor of roads.
Referred to Committee on Urban and County Affairs.
SB 354. By Senator Thompson of the 33rd: A bill to amend an Act entitled "An Act to increase the amount of the homestead exemption from City of Austell ad valorem taxes," so as to provide that such exemption shall apply to municipal taxes.
Referred to Committee on Urban and County Affairs.
SB 355. By Senators Broun of the 46th and Turner of the 8th: A bill to amend Title 7 of the Official Code of Georgia Annotated, relating to banking and finance, so as to provide that certain documents of financial institu tions shall be delivered to the Department of Banking and Finance rather than the Secretary of State.
Referred to Committee on Banking and Financial Institutions.
SR 234. By Senator Robinson of the 16th: A resolution designating the Medal of Honor Highway for Freeman V. Horner.
Referred to Committee on Transportation.
SR 237. By Senators Ragan of the llth, Ralston of the 51st, Hemmer of the 49th and others: A resolution urging President Clinton, the Secretary of Agriculture, and the United States Senate to exercise caution in negotiating or approving interna tional trade agreements that have an effect on Georgia peanut farmers and other agricultural interests.
Referred to Committee on Agriculture.
SR 238. By Senator Thompson of the 33rd: A resolution ratifying the change of regional development center boundaries es tablished by the Board of Community Affairs; to provide for an effective date.
Referred to Committee on Urban and County Affairs (General).
The following bills of the House were read the first time and referred to committees:
HB 190. By Representatives Evans of the 28th and Groover of the 125th: A bill to amend Code Section 15-18-22 of the Official Code of Georgia Annotated, relating to the use of third-year law students and law school staff instructors as legal assistants in criminal proceedings, so as to authorize the use of third-year law students from law schools within or outside the state as legal assistants in criminal proceedings.
Referred to Committee on Higher Education.

TUESDAY, MARCH 2, 1993

851

HB 257. By Representatives Patten of the 176th and Dobbs of the 92nd:
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 define a certain term; to provide standards for major modifications to solid waste facilities; to provide conditions for vertical expansions of solid waste facilities.
Referred to Committee on Natural Resources.
HB 264. By Representatives Baker of the 70th, Coleman of the 142nd, Thomas of the 100th and Chambless of the 163rd:
A bill to amend Title 14 of the Official Code of Georgia Annotated, relating to corporations partnerships, and associations so as to provide for the formation, operation, and dissolution of limited liability companies, to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to authorize certain professions and businesses to form or be members of limited liability companies.
Referred to Committee on Judiciary.
HB 311. By Representatives Coleman of the 142nd, Dover of the 9th, Connell of the 115th and others:
A bill to amend Code Section 3-2-30 and Code Section 48-11-19 of the Official Code of Georgia Annotated, relating to the powers and duties of special agents and enforcement officers of the Department of Revenue, so as to provide that after an agent or enforcement officer has accumulated 25 years of service with the Department of Revenue, upon leaving the department under honorable condi tions, such agent or enforcement officer shall be entitled as part of such officer's compensation to retain his or her weapon and badge.
Referred to Committee on Public Safety.
HB 376. By Representatives Ladd of the 59th and Chandler of the 99th:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to authorize a nominated candidate to withdraw as a candidate at the ensuing general election.
Referred to Committee on Governmental Operations.
HB 402. By Representatives Cauthorn of the 35th and Hammond of the 32nd:
A bill to amend Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to superior courts, so as to repeal provisions authorizing investment or deposit of funds paid into the court registry; to further amend said chapter and Chapters 7 and 10 of Title 15 of the Official Code of Georgia Annotated, relating respectively to state courts of counties and magistrate courts, so as to provide that clerks of such courts shall deposit funds paid into the court registry into interest-bearing trust accounts.
Referred to Committee on Special Judiciary.
HB 403. By Representatives Cauthorn of the 35th and Hammond of the 32nd:
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 repeal a provision authorizing deposit of certain funds held by the sheriffs of certain counties.
Referred to Committee on Special Judiciary.

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HB 446. By Representative Thomas of the 100th:
A bill to amend Article 2 of Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to board of jury commissioners, so as to provide remunera tion for jury commissioners and the clerk of the board of jury commissioners. Referred to Committee on Judiciary.
HB 491. By Representative Randall of the 127th:
A bill to amend Article 6 of Chapter 34 of Title 43 of the Official Code of Georgia Annotated, the "Respiratory Care Practices Act," so as to change the provisions relating to definitions; to change the powers of the Composite State Board of Medical Examiners; to change the provisions regarding persons who may obtain certification without meeting certain requirements. Referred to Committee on Health and Human Services.
HB 651. By Representative Groover of the 125th:
A bill to amend Part 2 of Article 7 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to the North Georgia Mountains Authority, so as to authorize the authority to purchase or lease property; to authorize the authority to borrow money; to authorize the authority to sell or dispense alcohol and alco holic beverages on property owned or under the control of the authority. Referred to Committee on Natural Resources.
HB 689. By Representative Barnes of the 33rd:
A bill to amend Article 4 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, the "Hospital Authorities Law," so as to provide for the merger of certain hospital authorities and the terms, conditions, and effects of such merger; to provide for reactivating certain hospital authorities. Referred to Committee on Health and Human Services.
HB 719. By Representatives Buck of the 135th, Culbreth of the 132nd, Taylor of the 134th and others:
A bill to amend Part 4 of Article 2 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to the emergency telephone number "911" system, so as to include military bases within the definition of local government; to allow service suppliers collecting "911" charges from subscribers located on military bases to apply these funds directly to the service supplier's bill for "911" service rather than remitting the funds to an Emergency Telephone System Fund. Referred to Committee on Science, Technology, and Industry.
HB 755. By Representatives Walker of the 141st, Groover of the 125th, Thomas of the 100th and others:
A bill to amend Code Section 36-37-6 of the Official Code of Georgia Annotated, relating to disposition of municipal property, so as to provide an exception to the bid requirements for certain trades or swaps. Referred to Committee on Judiciary.
HB 882. By Representative Parrish of the 144th:
A bill to amend Chapter 6A of Title 35 of the Official Code of Georgia Anno tated, relating to the Criminal Justice Coordinating Council, so as to change the membership of such council. Referred to Committee on Public Safety.

TUESDAY, MARCH 2, 1993

853

HB 888. By Representative Smith of the 109th: A bill to provide a new charter for the City of Flovilla.
Referred to Committee on Urban and County Affairs.
The following reports of standing committees were read by the Secretary:
Mr. President:
The Committee on Consumer Affairs has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SB 301. Do pass as amended. Respectfully submitted, Senator Langford of the 35th District, Chairman
Mr. President:
The Committee on Consumer Affairs has had under consideration the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:
SB 39. Do pass by substitute. HB 76. Do pass as amended.
Respectfully submitted, Senator Langford of the 35th District, Chairman
The following communication from Senator Scott of the 36th, Chairman of the Educa tion Committee, was received and read by the Secretary:
The State Senate Atlanta, Georgia 30334 March 1, 1993 Mr. Frank Eldridge, Jr. Secretary of the Senate State Capitol Atlanta, Georgia 30334 Dear Mr. Secretary: I will be unable to attend the meeting of the Senate Education Committee scheduled for today. I hereby authorize the Vice Chairman, Senator Mary Margaret Oliver, to conduct the Committee meeting and to take up the bills on our agenda.
Sincerely, Is/ David Scott, Chairman
Senate Education Committee
The following reports of standing committees were read by the Secretary:
Mr. President:
The Committee on Education has had under consideration the following resolution of

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the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SR 189. Do pass. Respectfully submitted,
Senator Oliver of the 42nd District, Vice Chairman

Mr. President:

The Committee on Finance and Public Utilities has had under consideration the follow ing bills and resolutions of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SB 317. Do pass.

SR 233. Do pass.

SR 208. Do pass.

HB 547. Do pass.

SR 226. 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 69. Do pass. HB 386. Do pass. HB 540. Do pass. HB 568. Do pass.
Respectfully submitted,
Senator Pollard of the 24th District, Chairman

Mr. President:

The Committee on Natural Resources has had under consideration the following bills and resolution of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:
SR 211. Do pass. HB 228. Do pass. HB 283. Do pass. HB 528. Do pass.
Respectfully submitted,
Senator Gillis of the 20th District, Chairman

Mr. President:

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

SB 65. Do pass.

SB 279. Do pass as amended.

SB 245. Do pass by substitute.

SB 287. Do pass by substitute.

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855

SB 306. HB 21. HB 107. HB 214.

Do pass.

HB 223. Do pass.

Do pass by substitute. Do pass as amended.

HB 447. Do pass.

Do pass.

HB 508. Do pass.

Respectfully submitted,

Senator Bowen of the 13th District, Chairman

Mr. President:

The Committee on Rules has had under consideration the following resolution of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SR 156. Do pass.
Respectfully submitted,
Senator Hooks of the 14th District, Chairman

Mr. President:

The Committee on Science, Technology and Industry 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 224. Do pass by substitute. HB 653. Do pass.
Respectfully submitted,
Senator Tysinger of the 41st 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 319. SB 327. HB 743. HB 830.

Do pass. Do pass. ,, Do pass. Do pass.

HB 831. Do pass. HB 846. Do pass. HB 853. Do pass.

Respectfully submitted,

Senator Thompson of the 33rd District, Chairman

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

SB 4. By Senators Dawkins of the 45th, Oliver of the 42nd, Hill of the 4th and Hooks of the 14th:
A bill to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to impose requirements for the awarding of grants by the state; to provide a short title; to provide for a definition; to provide for applica bility; to promote fairness and openness in the awarding and disbursement of state grants; to provide for rules and regulations.

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SB 260. By Senator Dawkins of the 45th: A bill to amend Title 50 of the Official Code of Georgia Annotated, so as to create the Privatization Review Commission; to provide for the powers, duties, and authority of such commission; to provide for members; to provide for terms of office, vacancies, and meetings; to provide for procedures; to provide for other matters relative to the foregoing; to provide an effective date.
HB 116. By Representatives Harris of the 112th, Parham of the 122nd and Powell of the 23rd: A bill to amend Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of vehicles, so as to provide for issuance of special license plates to motor vehicle distributors.
HB 308. By Representatives Benefield of the 96th, Dixon of the 150th, Brooks of the 103rd and others: A bill to amend Code Section 32-6-95 of the Official Code of Georgia Annotated, relating to the applicability of Chapter 13 of Title 50, the "Georgia Administra tive Procedure Act," to outdoor advertising signs, so as to specify time limits for judicial review of a Department of Transportation final agency decision.
HB 349. By Representatives Parrish of the 144th and Coleman of the 142nd: A bill to provide for the Department of Labor a supplemental appropriation, pursuant to and in accordance with provisions of Code Section 34-8-81 of the Official Code of Georgia Annotated, relating to the creation and purposes of the Employment Security Administration Fund, and Code Section 34-8-85 of the Of ficial Code of Georgia Annotated, relating to certain withdrawals from the Unem ployment Trust Fund.
SR 128. By Senators Burton of the 5th, Marable of the 52nd, Huggins of the 53rd and Coleman of the 1st: A resolution urging the Board of Regents of the University System of Georgia to consider the granting of foreign language credit to those students who demon strate proficiency in American Sign Language.
SR 158. By Senator Thompson of the 33rd: A resolution designating the Lucius D. Clay Memorial Parkway.
HR 126. By Representatives Childers of the 13th and Stancil of the 91st: A resolution urging the promotion of faculty development initiatives in the fields of gerontology and geriatrics and further urging the establishment of a central ized clearinghouse for information about course work, programs, and careers in the field of aging.
HR 134. By Representative Birdsong of the 123rd: A resolution designating the Lanette O'Neal Faulk Memorial Bridge.
The President called for the morning roll call, and the following Senators answered to their names:

Abernathy Alien Balfour Baugh

Blitch Boshears Bowen Broun of 46th

Brown of 26th Burton Cheeks Clay

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857

Coleman Crotts Dawkins Day Dean dge Egan Farrow Garner Gillis Glanton Gochenour Harbison Hemmer

Henson Hill Hooks Huggins Isakson
Langford of 29th Madden Marable Middleton Newbill Oliver Parrish Perdue

Pollard Ragan of llth Ragan of 32nd Ralston Ray Robinson Starr Taylor Thomas Thompson Turner Tysinger Walker

Those not answering were Senators:

Langford of 35th

Scott

Slotin

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

Senator Isakson of the 21st introduced the chaplain of the day, Reverend Bryant Wright, pastor of Johnson Ferry Baptist Church, Marietta, Georgia, who offered scripture reading and prayer.

The following resolutions of the Senate were read and adopted:

SR 239. By Senator Farrow of the 54th: A resolution recognizing the Murray County High School wrestling team.

Senator Farrow of the 54th introduced the Murray County High School wrestling team.

SR 236. By Senator Ragan of the 32nd:
A resolution commending the Campbell High School winning team in the state wide Stock Market Game.

SR 240. By Senator Cheeks of the 23rd: A resolution commending Marcus Ramon Brooks on becoming an Eagle Scout.

SR 15. By Senator Harbison of the 15th: A resolution recognizing Mrs. Rebecca Parker Griffin.

SR 242. By Senators Coleman of the 1st and Alien of the 2nd:
A resolution recognizing and commending Chairman Jim Forbes, Grand Marshal George W. (Willie) Adams, Sr., and other representatives of the Savannah St. Patrick's Day Parade Committee.

SR 244. By Senator Starr of the 44th:
A resolution commending and recognizing the Ford Motor Company plant in Hapeville, Georgia.

Senator Clay of the 37th moved that the following bill of the Senate be withdrawn from

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JOURNAL OF THE SENATE

the Senate Committee on Consumer Affairs and committed to the Senate Committee on Urban and County Affairs (General):
SB 314. By Senator Clay of the 37th:
A bill to amend Code Section 3-3-7 of the Official Code of Georgia Annotated, relating to local authorization and regulation of sales of alcoholic beverages on Sunday, so as to authorize and regulate the sale of alcoholic beverages for con sumption on the premises on Sunday in certain municipalities during certain hours; to provide for practices, procedures, and requirements related thereto; to provide an effective date.
On the motion, the yeas were 31, nays 0; the motion prevailed, and SB 314 was with drawn from the Senate Committee on Consumer Affairs and committed to the Senate Com mittee on Urban and County Affairs (General).
Senator Garner of the 30th, President Pro Tempore, assumed the Chair.
The following local, uncontested bills of the Senate and House, favorably reported by the committee as listed on the Senate Local Consent Calendar, were put upon their passage:
SENATE LOCAL CONSENT CALENDAR
Tuesday, March 2, 1993
TWENTY-NINTH LEGISLATIVE DAY
(The names listed with each bill are the Senators whose districts are affected by the legislation.)

SB 319 Baugh, 25th BALDWIN COUNTY
Provides for an annual salary for the Probate Judge of Baldwin County; changes the provisions relating to compensation.
SB 327 Crotts, 17th BUTTS COUNTY
Provides for an advisory referendum election in Butts County for the pur pose of ascertaining the type of government for the county desired by the people; provides for procedures, requirements, and other matters.
HB 743 Alien, 1st Coleman, 2nd CHATHAM COUNTY
Provides for Recorder's Court; chief judge; designation for Chatham County.

TUESDAY, MARCH 2, 1993

859

HB 830 Starr, 44th Thomas, 10th Glanton, 34th CLAYTON COUNTY

Provides for Board of Commissioners; changes the composition of election districts.

HB 831 Starr, 44th Thomas, 10th Glanton, 34th CLAYTON COUNTY

Provides for Board of Education; changes the composition of election dis tricts.

HB 846 Taylor, 12th QUITMAN COUNTY

Abolished fee system compensation for tax commissioner; consolidates the offices of tax receiver and tax collector of Quitman County into the office of tax commissioner.

HB 853 Hill, 4th CITY OF MILLEN

Creates a new charter for the City of Millen; changes the corporate limits for the city.

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:

Abernathy Alien Balfour Boshears Bowen Broun of 46th Brown of 26th Burton C,C-,,hlaeyeks Coleman Crotts Dawkins
Day
Edge
Egan
Farrow

Gillis Glanton Gochenour Harbison Hemmer Henson Hill Huggms ITKs,. aekmspon Langford of 35th Langford of 29th Madden
Marable
Middleton
Newbill
Oliver

Parrish Perdue Pollard Ragan of 32nd Ralston j^av Robinson Scott o,,.loti. n
*tarr laylor Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Baugh Blitch

Dean Garner (presiding)

Hooks Ragan of llth

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

All the bills on the Senate Local Consent Calendar, having received the requisite consti tutional majority, were passed.

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SENATE RULES CALENDAR
Tuesday, March 2, 1993
TWENTY-NINTH LEGISLATIVE DAY
SB 207 State Contracts--minority owned business participation (Substitute) (Judy--38th)
HB 600 Open Meetings--counties where additional notice required (S Judy--7th)
SB 196 State Court Clerk--may serve as magistrate court clerk (Substitute) (Judy--42nd)
HB 463 University of Georgia Director of Libraries--acquire, distribute state public doc uments (H Ed--46th)
SB 36 Common-Law Marriage--disallow after 7/1/93 (Amendment) (S Judy--2nd)
HR 123 Macon County--conveyance of certain state property (F&PU--14th)
HB 502 Sheriffs' Retirement Fund--postretiremen! benefit increases (Ret--16th)
HB 296 Children and Youth Services Department--law enforcement powers of peace of ficer (YA&HE--52nd)
HB 520 Antique Vehicles--operate without restrictions; no excessive ad valorem taxes (F&PU--56th)
HB 168 Child-Placing Agency--records checks of foster parents (YA&HE--33rd)
SB 283 Nonpartisan Elections for County Officers, School Boards--general election (Gov Op--44th)
HB 125 Elections--campaign restrictions at polling places (Gov Op--37th)
SB 244 Evidence--reproductions of original copy (Judy--12th)
HB 299 Peace Officers--authority to apprehend delinquent, unruly child (YA&HE--52nd)
HB 293 Housing Trust Fund for Homeless Commission--powers (H&HS--40th)
HB 306 Probation Officer Supervising Child--may take child into custody (Amendment) (YA&HE--52nd)
HB 597 Hunter Education Course--those 12 to 25 years of age carry proof of completion (Nat R--4th)
HB 227 Suspended Drivers' Licenses--custody of Public Safety Department (Judy--31st)
Respectfully submitted,
/s/ George Hooks of the 14th, Chairman Senate Rules Committee
The following general bill of the Senate, favorably reported by the committee, was read the third time and put upon its passage:
SB 207. By Senator Abernathy of the 38th:
A bill to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to provide for minority owned business participation in state contracts; to provide for legislative findings; to provide definitions; to pro vide for statements encouraging minority participation in all bid documents; to provide for advertisement of procurement opportunities; to provide for the desig nation of liaison officers; to provide for quarterly reports.

TUESDAY, MARCH 2, 1993

861

The Senate Committee on Judiciary offered the following substitute to SB 207:
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 minority owned business participation in state contracts; to provide for legislative findings; to provide definitions; to provide for statements encouraging minority participation in all bid documents; to provide for adver tisement of procurement opportunities; to provide for the designation of liaison officers; to provide for quarterly reports; 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 50 of the Official Code of Georgia Annotated, relating to state govern ment, is amended by adding at the end thereof a new Chapter 28 to read as follows:
"CHAPTER 28
50-28-1. The General Assembly finds that the growth and stability of the minority busi ness community is critical to this state's economic well-being and that advancements made by the minority business community contribute to growth opportunities that foster a healthy competitive business climate. The General Assembly further finds that the conclu sions of the 'House Study Committee Report on Minority Participation in State Govern ment,' dated January 7, 1992, document that only 2 percent of the state's contracts are awarded to minority contractors and that no centralized registry exists to document state contracts awarded to minority owned businesses, particularly in the areas of construction and professional services. The General Assembly further finds that only through the direct and deliberate measures implemented by state government can the state effectively increase participation by minority vendors in the state's procurement process.
50-28-2. As used in this chapter, the term:
(1) 'Minority owned business' means a business that is owned or controlled by one or more minority persons and is authorized to do and is doing business under the laws of this state, paying all taxes duly assessed, and domiciled within this state.
(2) 'Owned and controlled' means a business:
(A) Which is at least 51 percent owned by one or more minority persons or, in the case of a publicly owned business, at least 51 percent of all classes or types of the stock is owned by one or more minority persons; and
(B) Whose management and daily business operations are controlled by one or more minority persons.
(3) 'Person' means any individual, corporation, partnership, or association.
(4) 'State contract' means any contract for the lease, rental, purchase, or other acquisi tion of supplies; materials; services, other than professional and personal employment ser vices; and equipment required by state government or any contract for state government construction or public works.
(5) 'State government' means any branch of government of this state or any depart ment, agency, commission, authority, or institution of the state.
50-28-3. All state departments, agencies, authorities, commissions, and institutions shall implement procedures to increase bid opportunities extended to the minority business com munity and to provide direct assistance to minority owned businesses on how the state con tracting process works.
50-28-4. (a) All bid documents issued by state government shall include statements en couraging minority business participation and statements encouraging majority owned busi nesses to subcontract with minority owned businesses.

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JOURNAL OF THE SENATE

(b) All bid documents issued by state government shall include notification of the in come tax credit that is available to any majority owned business that subcontracts with a minority owned business.
50-28-5. All state departments, agencies, authorities, commissions, and institutions shall publicize and advertise bid opportunities to the minority business community, including through the use of minority owned media. Notification of bid opportunities shall be given to nonprofit organizations, publications, and special interest groups whose primary member ship includes or targets minority contractors.
50-28-6. All state departments, agencies, authorities, commissions, and institutions shall appoint a designee to act as liaison between such department, agency, authority, commis sion, or institution and minority vendors and to provide one-on-one assistance and ensure that bid information is widely and appropriately disseminated. The name, address, and tele phone number of each such designee shall be printed on all bid documents.
50-28-7. At the end of each calendar quarter beginning July 1, 1993, each state depart ment, agency, authority, commission, and institution shall submit a report to the Small and Minority Business Office in the Department of Administrative Services outlining all infor mation concerning bid opportunities to minority owned businesses, awarded contracts, and any other related information, other than information currently reported to the Purchasing Division of the Department of Administrative Services. Such reports shall be submitted in the format established and furnished by the Small and Minority Business Office in the De partment of Administrative Services. Upon submission, such reports shall be considered public records as defined in Code Section 50-18-70 and shall be open for public 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.
50-28-8. The commissioner of the Department of Administrative Services shall report quarterly to the Governor the information and data reported by all state agencies, authori ties, commissions, and institutions on bid opportunities and state contracts awarded to mi nority owned businesses."
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 1, and the substitute was adopted.

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

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

Those voting in the affirmative were Senators:

Abernathy Alien Blitch Boshears
Bwen RrUn ft^ Burton Cheeks Qay Crotts Dean Gillis Harbison

Hemmer Henson Hill Hooks
Huggins Isakson Kemp Langford of 35th Langford of 29th Madden Marable Middleton Parrish

Perdue Pollard Ragan of llth Ray
Robinson Scott Slotin Taylor Thomas Thompson Turner Tysinger Walker

TUESDAY, MARCH 2, 1993

863

Those voting in the negative were Senators:

Day Egan

Glanton Gochenour

Newbill

Those not voting were Senators:

Balfour Baugh Coleman Dawkins

Edge Farrow Garner (presiding) Oliver

Ragan of 32nd Ralston Starr

On the passage of the bill, the yeas were 40, nays 5.

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

The following resolution of the Senate was read and adopted:

SR 243. By Senator Oliver of the 42nd: A resolution commending and recognizing Mrs. Caroline Ridley Howard.

Lieutenant Governor Pierre Howard introduced Mrs. Caroline Ridley Howard, who is his mother, and she briefly addressed the Senate.

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

Mr. President:

The House has passed by the requisite constitutional majority the following bill of the House:

HB 337. By Representative Wall of the 82nd:
A bill to amend Article 3 of Chapter 7 of Title 44 of the Official Code of Georgia Annotated, relating to dispossessory proceedings, so as to provide that under cer tain conditions a court shall issue a writ of possession instanter notwithstanding Code Section 9-11-62; to provide that if a tenant fails to make any required pay ment into the registry of the court, a writ of possession shall be issued after the expiration of ten days.

Senator Dawkins of the 45th introduced the doctor of the day, Dr. Steven Boyle, of Conyers, Georgia.

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

HB 600. By Representatives Streat of the 167th, Byrd of the 170th and Mosley of the 171st:
A bill to amend Code Section 50-14-1 of the Official Code of Georgia Annotated, relating to open public meetings, so as to provide for additional notice of called meetings in counties where the legal organ is published less often than four times weekly.
Senate Sponsor: Senator Blitch of the 7th.

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JOURNAL OF THE SENATE

Senator Edge of the 28th offered the following amendment:

Amend HB 600 by striking all the language from lines 7 through 14 of page 2 and inserting the following:
"provided, however, that in counties where the legal organ is published less often than four times weekly 'due notice' shall be the posting of a written notice for at least 24 hours at the place of regular meetings and, upon written request from any local broadcast or print media outlet whose place of business and physical facilities are located in the county, notice by telephone or facsimile to that requesting media outlet at least 24 hours in advance of the called meeting. When special circumstances occur and".

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

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

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

Those voting in the affirmative were Senators:

Abernathy Alien Balfour Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cheeks Clay Coleman Crotts Dawkins Day Dean Edge

Egan Farrow Gillis Glanton Gochenour Harbison Hemmer Henson Hill Hooks Huggins Isakson Kemp Langford of 35th Langford of 29th Madden Marable

Middleton Newbill Oliver Parrish Perdue Pollard Ragan of llth Ragan of 32nd Ray Robinson Scott Slotin Starr Thompson Turner Tysinger Walker

Those not voting were Senators:

Baugh Garner (presiding)

Ralston Taylor

Thomas

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

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

SB 196. By Senators Oliver of the 42nd and Henson of the 55th:
A bill to amend Article 6 of Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to constables, clerk, and other court personnel, so as to pro vide for state court clerks to serve as clerk of magistrate court; to provide for compensation for such services.

The Senate Committee on Judiciary offered the following substitute to SB 196:

A BILL To be entitled an Act to amend Article 6 of Chapter 10 of Title 15 of the Official Code

TUESDAY, MARCH 2, 1993

865

of Georgia Annotated, relating to constables, clerk, and other court personnel, so as to pro vide for state court clerks to serve as clerk of magistrate court; to provide for compensation for such services; 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 10 of Title 15 of the Official Code of Georgia Annotated, relating to constables, clerk, and other court personnel, is amended by striking Code Section 15-10-105, relating to selection of clerk of the magistrate court, in its entirety and inserting in lieu thereof the following:
"15-10-105. (a) The General Assembly may provide by local law for the superior court clerk or state court clerk to serve as clerk of magistrate court or for the selection of some other person as the clerk of magistrate court and for the compensation of the clerk of magis trate court. In the absence of local law, the selection and compensation of the clerk of mag istrate court shall be as provided by subsections (b), (c), and (d) of this Code section.
(b) With the consent of the clerk of superior court the county governing authority may provide that the clerk of superior court shall serve as clerk of magistrate court and shall be compensated for his or her services as clerk of magistrate court in an amount not less than $200.00 per month. With the consent of the clerk of the state court, the county governing authority may provide that the state court clerk shall serve as clerk of magistrate court and shall be compensated for his or her service as clerk of magistrate court in an amount not less than $400.00 per month. Such compensation shall be retained by the clerk of superior court as his or her personal funds without regard to whether he or she is otherwise compensated on a fee basis or salary basis or both.
(c) If the clerk of superior court or the clerk of state court does not serve as clerk of magistrate court, then the county governing authority may provide for the appointment by the chief magistrate of a clerk to serve at the pleasure of the chief magistrate. A clerk of magistrate court so appointed shall be compensated in an amount fixed by the county gov erning authority at not less than $200.00 per month.
(d) If there is no clerk of magistrate court, the chief magistrate or some other magis trate appointed by the chief magistrate shall perform the duties of clerk. A chief magistrate performing the duties of clerk, or another magistrate appointed by the chief magistrate to perform the duties of clerk, shall receive, in addition to any other compensation to which he or she is entitled, compensation for performing the duties of clerk, the amount of which compensation shall be fixed by the county governing authority at not less than $200.00 per month.
(e) The compensation of the clerk or magistrate performing the duties of clerk shall be paid in equal monthly installments from county funds.
(f) The clerk shall be required to be at least 18 years of age and shall possess a high school diploma or its equivalent. The clerk shall not be subject to a residency requirement.
(g) In any case any magistrate may perform any duty to be performed by the clerk."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
Senator Pollard of the 24th offered the following amendment:
Amend the substitute to SB 196 offered by the Senate Committee on Judiciary by ad ding on page 2, line 3, after the word "the" and before the word "state" the following:
"Superior Court and Clerk of the".
On the adoption of the amendment, the yeas were 38, nays 1, and the amendment was adopted.

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JOURNAL OF THE SENATE

On the adoption of the substitute, the yeas were 40, nays 0, and the substitute was adopted as amended.

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

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

Those voting in the affirmative were Senators:

Alien Balfour Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cheeks Clay Coleman Crotts Dawkins Day Dean Edge Egan Farrow

Gillis Glanton Gochenour Harbison Hemmer Henson Hill Hooks Huggins Isakson Kemp Langford of 35th Langford of 29th Madden Marable Middleton Newbill

Oliver Parrish Perdue Pollard Ragan of llth Ragan of 32nd Ralston Ray Robinson Scott Slotin Starr Taylor Thompson Turner Tysinger Walker

Those not voting were Senators:

Abernathy Baugh

Garner (presiding)

Thomas

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 President resumed the Chair.

HB 463. By Representatives McBee of the 88th, Buck of the 135th, Heard of the 89th and others:
A bill to amend Code Section 20-5-2 of the Official Code of Georgia Annotated, relating to powers and duties of the State Board of Education and transfer of functions of State Library Commission, so as to provide that the director of the University of Georgia Libraries shall be responsible for acquiring, cataloging, and distributing state public documents.
Senate Sponsor: Senator Broun of the 46th.

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

TUESDAY, MARCH 2, 1993

867

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

Those voting in the affirmative were Senators:

Abernathy Alien Balfour Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cheeks Clay Coleman Crotts Dawkins Day Dean Edge

Farrow Gillis Glanton Gochenour Harbison Hemmer Henson Hill Hooks Huggins Isakson Kemp Langford of 35th Langford of 29th Madden Marable Middleton

Newbill Oliver Parrish Pollard Ragan of llth Ragan of 32nd Ralston Ray Robinson Scott Slotin Starr Taylor Thompson Turner Tysinger Walker

Those not voting were Senators:

Baugh Egan

Garner (presiding) Perdue

Thomas

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

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

SB 36. By Senator Alien of the 2nd:
A bill to amend Article 1 of Chapter 3 of Title 19 of the Official Code of Georgia Annotated, relating to general provisions relating to marriage, so as to provide that no common-law marriage shall be entered into in this state on or after July 1, 1993; to provide that otherwise valid common-law marriages entered into prior to July 1, 1993, shall not be affected and shall continue to be recognized in this state.

The Senate Committee on Special Judiciary offered the following amendment:

Amend SB 36 by striking "July 1, 1993" wherever it appears and substituting "January 1, 1994".

On the adoption of the amendment, the yeas were 40, nays 0, and the amendment was adopted.

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

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

Those voting in the affirmative were Senators:

Abernathy Alien Balfour Baugh Blitch Boshears Bowen

Brown of 26th Clay Coleman Crotts Egan Gillis Hemmer

Henson Hill Hooks Isakson Kemp Middleton Parrish

868

JOURNAL OF THE SENATE

Perdue Pollard Ragan of llth Ralston

Ray Robinson Scott Taylor

Turner Tysinger Walker

Those voting in the negative were Senators:

Broun of 46th Burton Cheeks
^wkms Dean Edge Farrow

Garner Glanton Gochenour
Harbison Huggins Langford of 29th Madden

Marable Newbill Oliver
Ragan of 32nd Slotin Starr Thompson

Not voting were Senators Langford of 35th and Thomas.

On the passage of the bill, the yeas were 32, nays 22.

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

HR 123. By Representatives James of the 140th and Colwell of the 7th: A resolution authorizing the conveyance of certain state owned real property lo cated in Macon County.
Senate Sponsor: Senator Hooks of the 14th.

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

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

Those voting in the affirmative were Senators:

Abernathy Alien Balfour Baugh Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cheeks Clay Coleman Crotts Dawkins Day Dean Edge

Egan Farrow Garner Gillis Glanton Gochenour Harbison Hemmer Henson Hill Hooks Huggins Isakson Kemp Langford of 35th Langford of 29th Madden Marable

Middleton Newbill Oliver Parrish Perdue Pollard Ragan of 32nd Ralston Ray Robinson Scott Slotin Starr Taylor Thomas Thompson Tysinger Walker

Not voting were Senators Ragan of llth and Turner.

On the adoption of the resolution, the yeas were 54, nays 0.

TUESDAY, MARCH 2, 1993

869

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

HB 502. By Representatives Buck of the 135th, Powell of the 23rd, Carrell of the 87th and others:
A bill to amend Chapter 16 of Title 47 of the Official Code of Georgia Annotated, relating to the Sheriffs' Retirement Fund of Georgia, so as to authorize the board of trustees of such fund to grant postretirement benefit increases.
Senate Sponsor: Senator Robinson of the 16th.

Senator Robinson of the 16th moved that HB 502 be postponed until Thursday, March 4, 1993.

On the motion, the yeas were 36, nays 0; the motion prevailed, and HB 502 was post poned until Thursday, March 4, 1993.

HB 296. By Representatives Sinkfield of the 57th, McKinney of the 51st, Royal of the 164th and others:
A bill to amend Code Section 49-4A-8 of the Official Code of Georgia Annotated, relating to commitment of delinquent and unruly children, so as to provide cer tain law enforcement powers to peace officers of facilities operated by the De partment of Children and Youth Services.
Senate Sponsor: Senator Marable of the 52nd.

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

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

Those voting in the affirmative were Senators:

Abernathy Alien Balfour Baugh Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cheeks Clay Coleman Crotts Day Dean Edge Egan

Farrow Garner Gillis Glanton Gochenour Harbison Hemmer Henson Hill Hooks Huggins Isakson Kemp Langford of 35th Langford of 29th Madden Marable Middleton

Newbill Oliver Parrish Perdue Pollard Ragan of llth Ragan of 32nd Ralston Ray Robinson Scott Slotin Starr Taylor Thomas Thompson Turner Walker

Not voting were Senators Dawkins and Tysinger.

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

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

870

JOURNAL OF THE SENATE

HB 520. By Representatives Ray of the 128th, Murphy of the 18th, Parham of the 122nd and Watson of the 139th:
A bill to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates, so as to change certain definitions; to provide that antique and hobby or special interest vehicles may be operated without restrictions or limitations; 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 exempt antique and hobby or special interest motor vehicles from excessive ad valorem taxes.
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:

Abernathy Alien Balfour Baugh Blitch Boshears Broun of 46th Brown of 26th Burton CClhaeyeks
Coleman Crotts Dawkins Day Dean Egan Farrow

Gillis Glanton Gochenour Harbison Hemmer Henson Hill Hooks Huggms IKsaekmspon
Langford of 35th Langford of 29th Madden Marable Middleton Newbill Oliver

Parrish Perdue Pollard Ragan of llth Ragan of 32nd Ralston R Roinson ,, .. *,lotl.n
btarr Taylor Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Bowen

Edge

Garner

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

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

HB 168. By Representatives Taylor of the 134th, Buck of the 135th, Culbreth of the 132nd and others:
A bill to amend Article 3 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to employees' records checks for Day Care Centers, so as to add definitions; to provide for records checks of foster parents used by licensed child-placing agencies.
Senate Sponsor: Senator Thompson of the 33rd.

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

TUESDAY, MARCH 2, 1993

871

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

Those voting in the affirmative were Senators:

Abernathy Alien Balfour Baugh Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cheeks Clay Coleman Crotts Dawkins Day Dean Egan

Farrow Gillis Glanton Gochenour Harbison Hemmer Henson Hill Hooks Huggins Isakson Kemp Langford of 35th Langford of 29th Madden Marable Middleton Newbill

Oliver Parrish Perdue Pollard Ragan of llth Ragan of 32nd Ralston Ray Robinson Scott Slotin Starr Taylor Thomas Thompson Turner Tysinger Walker

Not voting were Senators Edge and Garner.

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

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

SB 283. By Senators Starr of the 44th, Gillis of the 20th and Broun of the 46th:
A bill to amend Part 1 of Article 4 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to general provisions relative to the selection and qualification of candidates and presidential electors, so as to provide that the General Assembly may provide by local law that nonpartisan elections for county officers and school boards may be held during the general election without a prior nonpartisan primary.

Senator Starr of the 44th offered the following amendment:

Amend SB 283 by inserting on line 2 of page 2, following the word "primaries", the following:
", if applicable,". By inserting on line 7 of page 2, following the word "nomination", the following: ", if applicable,". By inserting on line 9 of page 2, following the word "primaries", the following: ", if applicable,". By inserting on line 11 of page 2, following the word "primaries", the following: ", if applicable,".

On the adoption of the amendment, the yeas were 45, nays 0, and the amendment was adopted.

872

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:

Abernathy Balfour Baugh Blitch Boshears Bowen Broun of 46th Brown of 26th Burton CClhaeyeks
Coleman Crotts Dawkins Day Egan Farrow Garner

Gillis Glanton Gochenour Harbison Hemmer Henson Hill Hooks Huggms IKsaekmspon
Langford of 35th Langford of 29th Madden Marable Middleton Newbill Oliver

Parrish Perdue Pollard Ragan of llth Ragan of 32n(i Ralston R Roinson ,, ^Slot"ln
Starr Tavlor Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Alien

Dean

Edge

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

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

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

Mr. President:

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

HB 4. By Representative Lane of the 55th:
A bill to amend Code Section 40-8-76.1 of the Official Code of Georgia Anno tated, relating to the use of safety belts in passenger vehicles, so as to provide that in any case where a minor passenger over four years of age fails to use a safety belt in a passenger vehicle as required by law, the driver of the passenger vehicle shall be guilty of the offense of failure to secure a safety belt on a minor.

The House has passed by the requisite constitutional majority the following bills of the House:

HB 485. By Representatives Baker of the 70th, Bordeaux of the 151st, Orrock of the 56th, Colwell of the 7th and Coleman of the 142nd:
A bill to amend Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to sentencing and punishment in criminal cases, so as to provide for the

TUESDAY, MARCH 2, 1993

873

imposition of a sentence of life without parole in certain cases under certain circumstances.

HB 125. By Representatives Pinholster of the 15th, Stancil of the 16th, Harris of the 17th and others:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to change certain restrictions on campaign and polling activities within the vicinity of a polling place.
Senate Sponsor: Senator Clay of the 37th.

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

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

Those voting in the affirmative were Senators:

Abernathy Alien Balfour Baugh Boshears Bowen Broun of 46th Burton Cheeks Clay Coleman Crotts Dawkins Dean Egan Farrow Garner

Gillis Glanton Gochenour Harbison Hemmer Henson Hill Hooks Huggins Isakson Kemp Langford of 35th Langford of 29th Marable Middleton Newbill Oliver

Parrish Perdue Pollard Ragan of llth Ragan of 32nd Ralston Ray Robinson Scott Slotin Starr Taylor Thomas Thompson Turner Tysinger

Those voting in the negative were Senators:

Blitch

Day

Brown of 26th

Madden

Not voting were Senators Edge and Walker.

On the passage of the bill, the yeas were 50, nays 4.

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

SB 244. By Senators Taylor of the 12th, Hooks of the 14th and Perdue of the 18th:
A bill to amend Article 2 of Chapter 5 of Title 24 of the Official Code of Georgia Annotated, relating to copies of writings accepted under the best evidence rule, so as to provide for reproductions that accurately reproduce or form a medium for reproducing the original copy.

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

874

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:

Abernathy Alien Balfour Baugh Blitch
owen f
Broun of Brown of 26th Burton Cheeks Clay Crotts Dawkins Dean Egan Farrow Garner

Gillis Glanton Gochenour Harbison Hemmer Henson Hooks Huggins Isakson Kemp Langford of 35th Langford of 29th Madden Marable Middleton Newbill Oliver

Parrish Perdue Pollard Ragan of llth Ragan of 32nd Ralston Ray Robinson Scott Slotin Starr Taylor Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Coleman

Edge

Hill

Day

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

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

The President announced that the Senate would stand in recess from 12:00 o'clock Noon until 2:00 o'clock P.M.

At 2:00 o'clock P.M., Senator Garner of the 30th, President Pro Tempore, 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 299. By Representatives Sinkfield of the 57th, McKinney of the 51st, Royal of the 164th and others:
A bill to amend Chapter 8 of Title 35 of the Official Code of Georgia Annotated, relating to the employment and training of peace officers, so as to designate the authority to apprehend unruly and delinquent children with the appropriate state department.
Senate Sponsor: Senator Marable of the 52nd.

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

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 Balfour Boshears

Broun of 46th Brown of 26th Burton

Clay Coleman Crotts

TUESDAY, MARCH 2, 1993

875

Dawkins Day Dean Edge Egan Gillis Glanton Gochenour Hill

Muggins Isakson Langford of 35th Marable Newbill Oliver Perdue Pollard Ragan of llth

Ragan of 32nd Ralston Ray Scott Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Abernathy Baugh Blitch BCohweeekns
Farrow Garner (presiding)

Harbison Hemmer Henson HKoemokps
Langford of 29th Madden

Middleton Parrish Robinson bQ l. otm.
Starr Taylor

On the passage of the bill, the yeas were 36, nays 0.

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

HB 293. By Representatives Ashe of the 46th, Sinkfield of the 57th, Greene of the 158th and others:
A bill to amend Article 5 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to the State Housing Trust Fund for the Homeless Commis sion, so as to change and clarify certain powers of the commission.
Senate Sponsor: Senator Egan of the 40th.

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

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

Those voting in the affirmative were Senators:

Alien Balfour Boshears
Bowen Broun of 46th Brown of 26th B,urton Coleman Crotts Dawkins Day Dean Edge

Egan Farrow Gillis
Glanton Gochenour Hm IHTooki s Hu^ins Isakson Langford of 35th Marable Newbill Oliver

Perdue Pollard Ragan of llth
Ragan of 32nd Ralston R rS. cott Slotin Taylor Thomas Thompson Turner Tysinger

Those not voting were Senators:

Abernathy Baugh

Blitch Cheeks

Garner (presiding) Harbison

876

JOURNAL OF THE SENATE

Hemmer Henson Kemp Langford of 29th

Madden Middleton Parrish

Robinson Starr Walker

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

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

The President resumed the Chair.

HB 306. By Representatives Sinkfield of the 57th, McKinney of the 51st, Royal of the 164th and others:
A bill to amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to provide a probation officer with discre tionary authority for the taking into custody and detention of a child under the supervision or care of such officer.
Senate Sponsor: Senator Marable of the 52nd.

The Senate Committee on Youth, Aging and Human Ecology offered the following amendment:

Amend HB 306 by inserting between lines 5 and 6 of page 1 the following:
"provide for immunity; to".
By striking line 21 of page 2 in its entirety and inserting in lieu thereof the following:
"stater;
(7) Other laws to the contrary notwithstanding, no county juvenile intake or probation officeTbr staff of the Department of Children and Youth Services serving as juvenile intake or probation officer shall be liable for the acts of any juvenile not detained or taken into custody as provided in paragraph (5) of this Code section when, in the judgment of such officer, such detention or custody is not warranted.'"

On the adoption of the amendment, the yeas were 42, nays 0, and the amendment was adopted.

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

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

Those voting in the affirmative were Senators:

Alien Balfour Baugh Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cheeks Clay Coleman

Crotts Dawkins Day Dean Edge Egan Garner Gillis Gochenour Harbison Hemmer Henson

Hill Hooks Huggins Isakson Langford of 35th Langford of 29th Madden Marable Middleton Newbill Oliver Parrish

TUESDAY, MARCH 2, 1993

877

Perdue Pollard Ragan of llth Ragan of 32nd Ralston

Ray Scott Slotin Starr Taylor

Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Abernathy Farrow

Glanton Kemp

Robinson

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 597. By Representatives Hanner of the 159th, Buckner of the 95th, Watts of the 26th and Chandler of the 99th:
A bill to amend Title 27 of the Official Code of Georgia Annotated, the "Game and Fish Code," so as to define a certain term; to change certain requirements regarding providing proof of completion of a hunter education course; to provide that persons ages 12 through 25 shall carry certification of the completion of such course while hunting.
Senate Sponsor: Senator Hill of the 4th.

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

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

Those voting in the affirmative were Senators:

Alien Balfour Baugh Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cheeks Clay Coleman Crotts Dawkins Day Dean Edge

Egan Farrow Garner Gillis Glanton Gochenour Harbison Hemmer Henson Hill Hooks Huggins Isakson Langford of 35th Langford of 29th Madden Marable

Middleton Newbill Oliver Parrish Pollard Ragan of llth Ragan of 32nd Ralston Ray Robinson Scott Slotin Starr Thomas Thompson Turner Tysinger

Voting in the negative were Senators Kemp and Perdue.

Those not voting were Senators:

Abernathy

Taylor

Walker

On the passage of the bill, the yeas were 51, nays 2.

878

JOURNAL OF THE SENATE

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

HB 227. By Representative Murphy of the 18th:
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 physical custody of suspended drivers' licenses by the Department of Public Safety.
Senate Sponsor: Senator Dean of the 31st.

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

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

Those voting in the affirmative were Senators:

Alien Balfour Baugh Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Clay Coleman Crotts Dawkins Day Dean Edge Egan Farrow

Garner Gillis Glanton Gochenour Harbison Hemmer Henson Hill Hooks Huggins Isakson Kemp Langford of 35th Langford of 29th Madden Marable Middleton Newbill

Oliver Parrish Perdue Pollard Ragan of llth Ragan of 32nd Ralston
Ray Robinson Scott Slotin Starr Taylor Thomas Thompson Turner Tysinger Walker

Not voting were Senators Abernathy and Cheeks.

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

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

Senator Robinson of the 16th moved that the Senate do now adjourn until 9:45 o'clock A.M. tomorrow, and the motion prevailed.

At 2:32 o'clock P.M., the President announced the Senate adjourned until 9:45 o'clock A.M. tomorrow.

WEDNESDAY, MARCH 3, 1993

879

Senate Chamber, Atlanta, Georgia Wednesday, March 3, 1993 Thirtieth Legislative Day
The Senate met pursuant to adjournment at 9:45 o'clock A.M. today and was called to order by the President.
Senator Huggins of the 53rd reported that the Journal of yesterday's proceedings had been read and found correct.
By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House:
HB 790. By Representatives Davis of the 48th, McKinney of the 51st, Stanley of the 50th, Holmes of the 53rd, Orrock of the 56th and others: A bill to amend an Act reincorporating the City of Atlanta in the Counties of Fulton and DeKalb, so as to provide for an additional penalty in cases in which fines are imposed and for an additional sum to be posted in bails and bonds in the Municipal Court of Atlanta.
HB 836. By Representatives Davis of the 48th, McKinney of the 51st, Ashe of the 46th, Stanley of the 50th and Holmes of the 53rd: A bill to amend an Act creating a system of traffic courts for each city of this state having a population of 300,000 or more according to the United States de cennial census of 1960 or any future such census, so as to provide for additional penalties to be imposed in traffic cases and upon violations of bonds.
HB 910. By Representative Godbee of the 145th: A bill to create and establish the Metter-Candler County Charter Commission.
HB 918. By Representative Porter of the 143rd: A bill to amend an Act providing a new charter for the City of East Dublin, so as to provide for the election and term of the mayor pro tempore.
HB 919. By Representatives Porter of the 143rd and Coleman of the 142nd: A bill to amend an Act providing for the election of members of the board of education of Laurens County, so as to provide for the compensation and ex penses of such members.
HB 927. By Representatives Channell of the lllth and Parham of the 122nd: A bill to amend an Act creating the Board of Commissioners of Putnam County, so as to change the provisions relating to the mileage allowance for members of the board of commissioners.

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JOURNAL OF THE SENATE

HB 931. By Representatives Mueller of the 152nd, Dixon of the 150th, Johnson of the 153rd and Johnson of the 148th:
A bill to amend an Act making provisions for the Magistrate Court of Chatham County, so as to provide for the nonpartisan nomination and election of the chief magistrate of the Magistrate Court of Chatham County.
HB 935. By Representatives Poston of the 3rd and Snow of the 2nd:
A bill to amend an Act creating the office of tax commissioner of Catoosa County, so as to increase the amount payable for clerical help in the office of the tax commissioner.
HB 792. By Representatives Mobley of the 86th, Stephenson of the 25th and Jamieson of the 22nd:
A bill to amend Code Section 15-6-3 of the Official Code of Georgia Annotated, relating to terms of superior court, so as to change the terms of court for the Superior Court of Jackson County and the Superior Court of Barrow County.
HB 346. By Representatives Watson of the 139th, Walker of the 141st, Ray of the 128th and Floyd of the 138th:
A bill to amend Code Section 48-13-51 of the Official Code of Georgia Annotated, relating to county and municipal levies on public accommodations charges for promotion of tourism, conventions, and trade shows, so as to authorize a county or municipality under certain circumstances to expend a portion of the taxes col lected from levies on public accommodations charges for the purpose of promot ing museums of aviation and aviation halls of fame.
HB 826. By Representatives Bargeron of the 120th, Coleman of the 142nd, Coleman of the 80th and Barfoot of the 155th:
A bill to amend Chapter 6 of Title 43 of the Official Code of Georgia Annotated, relating to auctioneers, so as to provide for definitions; to provide for the nonissuance and nonrenewal of licenses of apprentice auctioneers; to authorize the Georgia Auctioneers Commission to adopt a code of ethics.
HB 286. By Representative Twiggs of the 8th:
A bill to amend Chapter 10 of Title 25 of the Official Code of Georgia Annotated, relating to regulation of fireworks, so as to authorize persons permitted to con duct fireworks displays to retain and store such fireworks under certain circum stances; to provide for regulation of such storage of fireworks.
HB 38. By Representatives Powell of the 23rd, Cummings of the 27th and Atkins of the 29th:
A bill to amend Article 2 of Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to the creation, administration, and management of assets of the Teachers Retirement System of Georgia, so as to authorize the board of trustees of such system to deduct from benefit payments the membership dues of certain nonprofit organizations under certain circumstances.
HB 677. By Representatives Smyre of the 136th, Howard of the 118th and Bordeaux of the 151st:
A bill to amend Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, so as to allow administrative law judges to be appointed by the State Board of Workers' Compensation to serve as a member of such board to review cases on appeal.

WEDNESDAY, MARCH 3, 1993

881

HB 669. By Representatives Martin of the 47th, Ashe of the 46th, McClinton of the 68th, Dover of the 9th, Sinkfield of the 57th and others: A bill to amend Chapter 9 of Title 32 of the Official Code of Georgia Annotated, relating to mass transportation, so as to provide for compliance with Section 3029 of the federal Intermodel Surface Transportation Efficiency Act of 1991.
HB 759. By Representatives Hanner of the 159th, Reaves of the 178th, Crawford of the 129th, Cox of the 160th, Hudson of the 156th and others: A bill to amend Article 7 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, the "Uniform Commercial Driver's Licenses Act," so as to provide for issuance of restricted commercial drivers' license to certain drivers in the agricul tural industry.
HB 206. By Representatives Coleman of the 142nd, Streat of the 167th, Twiggs of the 8th, Parrish of the 144th and Jenkins of the 110th: A bill to amend Code Section 15-16-20 of the Official Code of Georgia Annotated, relating to minimum annual salaries of sheriffs, so as to change the minimum annual salaries of such sheriffs; to change the population brackets; to change the effective date of cost-of-living increases in salaries.
The House has adopted by the requisite constitutional majority the following resolu tions of the House:
HR 168. By Representative Mobley of the 86th: A resolution authorizing the granting of a nonexclusive easement for operation and maintenance of a sanitary sewer line in, on, over, under, upon, across, or through property owned by the State of Georgia in Barrow County.
HR 242. By Representatives Parrish of the 144th, Lee of the 94th, Childers of the 13th, Parham of the 122nd, Atkins of the 29th and others: A resolution creating the Joint Steering Committee for the Georgia General As sembly's Conference on Access to Health Care.
HR 330. By Representatives Smith of the 169th, Coleman of the 142nd, Powell of the 23rd, Lane of the 146th, Benefield of the 96th and others: A resolution endorsing Amtrak's proposed resumption of passenger rail service between Chicago and Florida with extensive service through Georgia.
The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:
SB 356. By Senators Farrow of the 54th, Robinson of the 16th and Oliver of the 42nd: A bill to amend Title 5 of the Official Code of Georgia Annotated, relating to appeal and error, so as to provide for reporting of court proceedings by a court reporter; to amend Title 9 of the Official Code of Georgia Annotated, relating to civil practice, so as to provide that depositions may be taken by a court reporter; to amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to revise the definition of "court reporting"; to provide for power of judges to appoint or remove court reporters.
Referred to Committee on Judiciary.
SB 357. By Senators Harbison of the 15th, Kemp of the 3rd and Ray of the 19th: A bill to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates, so as to provide for issuance of

882

JOURNAL OF THE SENATE

special license plates to retired reservists; to provide for procedures and fees; to provide for editorial revisions.
Referred to Committee on Defense and Veterans Affairs.
SB 358. By Senators Perdue of the 18th, Robinson of the 16th, Edge of the 28th and Oliver of the 42nd:
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 authorize the juvenile courts to use supervision fees to provide mediation services; to provide an effective date.
Referred to Committee on Special Judiciary.
SB 359. By Senator Robinson of the 16th:
A bill to amend Code Sections 7-1-289 and 7-1-290 of the Official Code of Geor gia Annotated, relating to security interests which may be pledged by banks and powers of a bank to act as surety or guarantor, Chapter 8 of Title 45, relating to the accounting of public funds, and Code Section 50-17-59 of the Official Code of Georgia Annotated, relating to deposits of securities, so as to provide that a bank may pledge or otherwise grant security interests in its assets to secure deposits of public funds.
Referred to Committee on Banking and Financial Institutions.
SB 360. By Senator Abernathy of the 38th:
A bill to amend Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to dangerous instrumentalities and practices, so as to provide for 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.
Referred to Committee on Judiciary.
SB 361. By Senator Blitch of the 7th:
A bill to amend Code Section 28-2-2 of the Official Code of Georgia Annotated, relating to apportionment of the Senate and qualifications of its members, so as to change the composition of certain senatorial districts; to provide an effective date and applicability.
Referred to Committee on Reapportionment.
SB 362. By Senator Madden of the 47th:
A bill to amend an Act creating a new Board of Commissioners of Franklin County so as to change the provisions relating to the compensation of the chair man of the board of commissioners; to provide an effective date.
Referred to Committee on Urban and County Affairs.
SB 363. By Senator Madden of the 47th:
A bill to amend an Act placing the judge of the Probate Court of Franklin County on an annual salary so as to change the provisions relating to the com pensation of the judge of the probate court; to provide an effective date.
Referred to Committee on Urban and County Affairs.

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SB 364. By Senator Madden of the 47th:
A bill to amend an Act placing the clerk of the Superior Court of Franklin County on an annual salary so as to change the provisions relating to the com pensation of the clerk of the superior court; to provide an effective date. Referred to Committee on Urban and County Affairs.
SB 365. By Senator Madden of the 47th:
A bill to amend an Act placing the tax commissioner of Franklin County on an annual salary so as to change the provisions relating to the compensation of the tax commissioner; to provide an effective date. Referred to Committee on Urban and County Affairs.
SB 366. By Senators Walker of the 22nd and Cheeks of the 23rd:
A bill to transfer the intake and probation services of the Juvenile Court of Rich mond County, Georgia, to the state-wide juvenile and intake services funded by the Georgia Department of Children and Youth Services; to provide for a trans fer of employees; to provide for a contingent applicability date; to provide an effective date. Referred to Committee on Urban and County Affairs.
SB 367. By Senators Harbison of the 15th, Glanton of the 34th, Kemp of the 3rd and others:
A bill to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige and special license plates, so as to provide for the issuance of special license plates for retired members of the various branches of the armed forces of the United States; to provide for application procedures, fees, and transfer of such plates. Referred to Committee on Defense and Veterans Affairs.
SB 368. By Senators Burton of the 5th, Harbison of the 15th and Glanton of the 34th:
A bill to amend Title 38 of the Official Code of Georgia Annotated, relating to military, emergency management, and veterans affairs, so as to change the provi sions relating to the command of the State Defense Force; to provide for an or derly succession of command; to limit the period of service of the commander of the State Defense Force; to provide for the role, functions, and responsibilities of the State Defense Force. Referred to Committee on Defense and Veterans Affairs.
SB 369. By Senators Perdue of the 18th and Scott of the 36th:
A bill to amend Code Section 20-2-161.1 of the Official Code of Georgia Anno tated, relating to providing secondary school credit for postsecondary courses, so as to change the provisions relating to funding for eligible institutions. Referred to Committee on Higher Education.
SB 370. By Senators Newbill of the 56th and Broun of the 46th:
A bill to amend Part 1 of Article 4 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to general provisions regarding the selection and qualification of candidates, so as to require chairpersons and commissioners of county governing authorities to be nominated and elected in nonpartisan prima ries and elections; to authorize the General Assembly to provide by local law for exceptions; to provide an effective date. Referred to Committee on Governmental Operations.

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SB 371. By Senators Turner of the 8th, Ragan of the llth, Blitch of the 7th and others:
A bill to amend Article 3 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to state symbols, so as to designate the "Jekyll Island Musi cal Theatre Festival" as the official state musical theatre of Georgia. Referred to Committee on Economic Development, Tourism and Cultural Affairs.
SB 372. By Senator Garner of the 30th:
A bill to amend Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to state purchasing, so as to provide for the purchase by the state and its political subdivisions of certain goods, wares, merchandise, and ser vices produced by community based rehabilitation programs and training cen ters; to repeal a specific provision of law relating to the requirement that goods and services be obtained from sheltered workshops and training centers when certified available. Referred to Committee on Health and Human Services.
SR 248. By Senator Oliver of the 42nd:
A resolution designating the Clark Harrison State Office Building. Referred to Committee on Science, Technology and Industry.
SR 250. By Senator Perdue of the 18th:
A resolution creating the Houston County Efficiency in Governmental Services Commission. Referred to Committee on Urban and County Affairs.
The following bills and resolutions of the House were read the first time and referred to committees:
HB 38. By Representatives Powell of the 23rd, Cummings of the 27th and Atkins of the 29th:
A bill to amend Article 2 of Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to the creation, administration, and management of assets of the Teachers Retirement System of Georgia, so as to authorize the board of trustees of such system to deduct from benefit payments the membership dues of certain nonprofit organizations under certain circumstances. Referred to Committee on Retirement.
HB 206. By Representatives Coleman of the 142nd, Streat of the 167th, Twiggs of the 8th and others:
A bill to amend Code Section 15-16-20 of the Official Code of Georgia Annotated, relating to minimum annual salaries of sheriffs, so as to change the minimum annual salaries of such sheriffs; to change the population brackets; to change the effective date of cost-of-living increases in salaries. Referred to Committee on Public Safety.
HB 286. By Representative Twiggs of the 8th:
A bill to amend Chapter 10 of Title 25 of the Official Code of Georgia Annotated, relating to regulation of fireworks, so as to authorize persons permitted to con duct fireworks displays to retain and store such fireworks under certain circum stances; to provide for regulation of such storage of fireworks. Referred to Committee on Science, Technology, and Industry.

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HB 346. By Representatives Watson of the 139th, Walker of the 141st, Ray of the 128th and Floyd of the 138th:
A bill to amend Code Section 48-13-51 of the Official Code of Georgia Annotated, relating to county and municipal levies on public accommodations charges for promotion of tourism, conventions, and trade shows, so as to authorize a county or municipality under certain circumstances to expend a portion of the taxes col lected from levies on public accommodations charges for the purpose of promot ing museums of aviation and aviation halls of fame.
Referred to Committee on Finance and Public Utilities.
HB 485. By Representatives Baker of the 70th, Bordeaux of the 151st, Orrock of the 56th and others:
A bill to amend Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to sentencing and punishment in criminal cases, so as to provide for the imposition of a sentence of life without parole in certain cases under certain circumstances.
Referred to Committee on Special Judiciary.
HB 669. By Representatives Martin of the 47th, Ashe of the 46th, McClinton of the 68th and others:
A bill to amend Chapter 9 of Title 32 of the Official Code of Georgia Annotated, relating to mass transportation, so as to provide for compliance with Section 3029 of the federal Intermodel Surface Transportation Efficiency Act of 1991.
Referred to Committee on Transportation.
HB 677. By Representatives Smyre of the 136th, Howard of the 118th and Bordeaux of the 151st:
A bill to amend Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, so as to allow administrative law judges to be appointed by the State Board of Workers' Compensation to serve as a member of such board to review cases on appeal.
Referred to Committee on Insurance and Labor.
HB 759. By Representatives Hanner of the 159th, Reaves of the 178th, Crawford of the 129th and others:
A bill to amend Article 7 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, the "Uniform Commercial Driver's License Act," so as to provide for issuance of restricted commercial drivers' licenses to certain drivers in the agri cultural industry.
Referred to Committee on Public Safety.
HB 792. By Representatives Mobley of the 86th, Stephenson of the 25th and Jamieson of the 22nd:
A bill to amend Code Section 15-6-3 of the Official Code of Georgia Annotated, relating to terms of superior court, so as to change the terms of court for the Superior Court of Jackson County and the Superior Court of Barrow County.
Referred to Committee on Judiciary.

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HB 826. By Representatives Bargeron of the 120th, Coleman of the 142nd, Coleman of the 80th and Barfoot of the 155th:
A bill to amend Chapter 6 of Title 43 of the Official Code of Georgia Annotated, relating to auctioneers, so as to provide for definitions; to provide for the nonissuance and nonrenewal of licenses of apprentice auctioneers; to authorize the Georgia Auctioneers Commission to adopt a code of ethics. Referred to Committee on Science, Technology, and Industry.
HB 337. By Representative Wall of the 82nd:
A bill to amend Article 3 of Chapter 7 of Title 44 of the Official Code of Georgia Annotated, relating to dispossessory proceedings, so as to provide that under cer tain conditions a court shall issue a writ of possession instanter notwithstanding Code Section 9-11-52; to provide that if a tenant fails to make any required pay ment into the registry of the court, a writ of possession shall be issued after the expiration of ten days. Referred to Committee on Judiciary.
HB 790. By Representatives Davis of the 48th, McKinney of the 51st, Stanley of the 50th and others:
A bill to amend an Act reincorporating the City of Atlanta in the Counties of Fulton and DeKalb, so as to provide for an additional penalty in cases in which fines are imposed and for an additional sum to be posted in bails and bonds in the Municipal Court of Atlanta. Referred to Committee on Urban and County Affairs.
HB 836. By Representatives Davis of the 48th, McKinney of the 51st, Ashe of the 46th and others:
A bill to amend an Act creating a system of traffic courts for each city of this state having a population of 300,000 or more according to the United States de cennial census of 1960 or any future such census, so as to provide for additional penalties to be imposed in traffic cases and upon violations of bonds. Referred to Committee on Urban and County Affairs (General).
HB 910. By Representative Godbee of the 145th:
A bill to create and establish the Metter-Candler County Charter Commission. Referred to Committee on Urban and County Affairs.
HB 918. By Representative Porter of the 143rd:
A bill to amend an Act providing a new charter for the City of East Dublin, so as to provide for the election and term of the mayor pro tempore. Referred to Committee on Urban and County Affairs.
HB 919. By Representatives Porter of the 143rd and Coleman of the 142nd:
A bill to amend an Act providing for the election of members of the board of education of Laurens County, so as to provide for the compensation and ex penses of such members. Referred to Committee on Urban and County Affairs.

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HB 927. By Representatives Channell of the lllth and Parham of the 122nd: A bill to amend an Act creating the Board of Commissioners of Putnam County, so as to change the provisions relating to the mileage allowance for members of the board of commissioners.
Referred to Committee on Urban and County Affairs.
HB 931. By Representatives Mueller of the 152nd, Dixon of the 150th, Johnson of the 153rd and Johnson of the 148th: A bill to amend an Act making provisions for the Magistrate Court of Chatham County, so as to provide for the nonpartisan nomination and election of the chief magistrate of the Magistrate Court of Chatham County.
Referred to Committee on Urban and County Affairs.
HB 935. By Representatives Poston of the 3rd and Snow of the 2nd: A bill to amend an Act creating the office of tax commissioner of Catoosa County, so as to increase the amount payable for clerical help in the office of the tax commissioner.
Referred to Committee on Urban and County Affairs.
HR 168. By Representative Mobley of the 86th: A resolution authorizing the granting of a nonexclusive easement for operation and maintenance of a sanitary sewer line in, on, over, under, upon, across, or through property owned by the State of Georgia in Barrow County.
Referred to Committee on Finance and Public Utilities.
HR 242. By Representatives Parrish of the 144th, Lee of the 94th, Childers of the 13th and others: A resolution creating the Joint Steering Committee for the Georgia General As sembly's Conference on Access to Health Care.
Referred to Committee on Rules.
HR 330. By Representatives Smith of the 169th, Coleman of the 142nd, Powell of the 23rd and others: A resolution endorsing Amtrak's proposed resumption of passenger rail service between Chicago and Florida with extensive service through Georgia.
Referred to Committee on Transportation.
The following reports of standing committees were read by the Secretary:
Mr. President:
The Committee on Agriculture has had under consideration the following bill of the House and has instructed me to report the same back to the Senate with the following recommendation:
HB 63. Do pass. Respectfully submitted, Senator Ragan of the llth District, Chairman
Mr. President:
The Committee on Appropriations has had under consideration the following bill of the

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Senate and has instructed me to report the same back to the Senate with the following recommendation:
SB 335. Do pass.
Respectfully submitted,
Senator Dawkins of the 45th District, Chairman

Mr. President:

The Committee on Corrections has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations:
HB 29. Do pass. HB 30. Do pass. HB 232. Do pass.
Respectfully submitted,
Senator Ray of the 19th District, Chairman

Mr. President:

The Committee on Judiciary has had under consideration the following bills of the Sen ate and House and has instructed me to report the same back to the Senate with the follow ing recommendations:

SB 175. Do pass by substitute.

SB 315. Do pass.

SB 193. Do pass by substitute.

HB 47. Do pass by substitute.

SB 269. Do pass.

HB 143. Do pass.

Respectfully submitted,

Senator Oliver of the 42nd District, Chairman

Mr. President:

The Committee on Rules has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SB 203. Do pass.
Respectfully submitted,
Senator Hooks of the 14th District, Chairman

Mr. President:

The Committee on Rules has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SB 71. Do pass by substitute.
Respectfully submitted,
Senator Hooks of the 14th District, Chairman

Mr. President:

The Committee on Special Judiciary has had under consideration the following bills of

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889

the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SB 163. HB 327.

Do pass by substitute.

HB 511. Do pass.

Do pass.

HB 138. Do pass by substitute.

Respectfully submitted,

Senator Egan of the 40th District, Chairman

Mr. President:

The Committee on Urban and County Affairs has had under consideration the following bill and resolution of the Senate and has instructed me to report the same back to the Senate with the following recommendations:
SB 278. Do pass by substitute. SR 206. Do pass.
Respectfully submitted,
Senator Thompson of the 33rd 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 265. SB 325. SB 329. HB 825.

Do pass by substitute.

HB 856.

Do pass.

HB 859.

Do pass.

HB 867.

Do pass.

HB 869.

Respectfully submitted,

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

Senator Thompson of the 33rd District, Chairman

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

SB 39. By Senators Slotin of the 39th and Scott of the 36th:
A bill to amend Article 1 of Chapter 9 of Title 10 of the Official Code of Georgia Annotated, the "Geo. L. Smith II Georgia World Congress Center Act," so as to require the authority and its operating agents to meet certain requirements for hiring a certain number of employees from certain residential areas; to define terms; to specify requirements; to provide for certain protections for current employees.

SB 65. By Senators Clay of the 37th, Day of the 48th, Newbill of the 56th 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.

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SB 224. By Senators Tysinger of the 41st, Edge of the 28th and Isakson of the 21st:
A bill to amend Article 1 of Chapter 8 of Title 16 of the Official Code of Georgia Annotated, relating to theft, so as to provide for the offense of misappropriation of a trade secret; to provide for definitions; to provide for a penalty.
SB 245. By Senator Henson of the 55th:
A bill to amend Code Section 40-5-21 of the Official Code of Georgia Annotated, relating to exemptions from driver's license requirements, so as to exempt per sons 15 years of age or over while taking instruction from a licensed driving in structor or a certified high school driver education instructor; to provide for use of dual control vehicles; to require insurance; to provide for eyesight examina tions; to provide for an effective date.
SB 279. By Senators Bowen of the 13th and Pollard of the 24th:
A bill to amend Code Section 35-8-20.1 of the Official Code of Georgia Anno tated, relating to training for police chiefs and department heads appointed after a certain date, so as to increase the training requirements for police chiefs and department heads appointed after December 31,1992, to 60 hours of law enforce ment chief executive training; to provide an effective date.
SB 287. By Senator Coleman of the 1st:
A bill to amend Chapter 38 of Title 43 of the Official Code of Georgia Annotated, relating to operators of private detective and private security businesses, so as to provide arrest powers for certain private security guards.
SB 301. By Senators Henson of the 55th, Perdue of the 18th and Pollard of the 24th:
A bill to amend Code Section 3-3-21 of the Official Code of Georgia Annotated, relating to sales of alcoholic beverages near churches, school buildings, or other sites, so as to prohibit the sale of alcoholic beverages within 400 yards of any church, school, or public alcoholic treatment center; to provide a grandfather clause for existing licensees and transferees of existing licenses.
SB 306. By Senators Garner of the 30th and Robinson of the 16th:
A bill to amend Chapter 1 of Title 27 of the Official Code of Georgia Annotated, relating to general provisions concerning game and fish, so as to provide that after a conservation ranger has accumulated 25 years of service with the Depart ment of Natural Resources as a peace officer and upon leaving such department under honorable conditions, such conservation ranger shall be entitled as part of his compensation to retain his weapon.
SB 317. By Senators Newbill of the 56th and Starr of the 44th:
A bill to amend Chapter 7 of Title 46 of the Official Code of Georgia Annotated, relating to motor carriers, so as to provide for regulation of limousine carriers by the Public Service Commission; to provide definitions; to require each limousine carrier to obtain a permit from the commission; to provide for issuance of a per mit; to provide that permits are nontransferable; to provide for grounds for revo cation or suspension of a permit.

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891

SR 156. By Senators Oliver of the 42nd, Edge of the 28th, Robinson of the 16th and Hooks of the 14th:
A resolution creating the Ellis G. Arnall Tribute Commission.
SR 189. By Senator Isakson of the 21st:
A resolution urging the State School Superintendent and the State Board of Ed ucation to embrace the Olympic Spirit and create an Olympic Challenge in our public schools to motivate faculties, students, and parents to accelerate academic improvement throughout the public schools of Georgia.
SR 208. By Senators Clay of the 37th and Thompson of the 33rd:
A resolution authorizing the granting of a nonexclusive easement for operation and maintenance of a transportation thoroughfare in, on, over, under, upon, across, or through property owned by the State of Georgia in Cobb County, Geor gia; to provide an effective date.
SR 211. By Senators Henson of the 55th and Parrish of the 43rd:
A resolution urging the Department of Transportation to establish a commuter efficiency program for state employees.
SR 226. By Senator Hooks of the 14th:
A resolution authorizing the lease of certain state owned real property located in Fulton County, Georgia; to provide an effective date.
SR 233. By Senators Thompson of the 33rd, Clay of the 37th, Ragan of the 32nd and Isakson of the 21st:
A resolution authorizing the conveyance of certain state owned real property lo cated in Cobb County, Georgia, to Cobb County and the acceptance of certain real property owned by Cobb County in consideration therefor; to provide an effective date.
HB 21. By Representative Parham of the 122nd:
A bill to amend Code Section 40-5-71 of the Official Code of Georgia Annotated, relating to suspension of a driver's license for failure to maintain proof of insur ance, so as to repeal the requirement that a driver's vehicle registration and li cense plate are suspended for failure to maintain proof of insurance.
HB 69. By Representatives Holland of the 157th, Epps of the 131st and Jenkins of the 110th:
A bill to amend Chapter 9 of Title 33 of the Official Code of Georgia Annotated, relating to regulation of rule making, rates, and related matters relative to insur ance, so as to provide that no insurer shall surcharge the premium or rate charged on a policy of motor vehicle insurance for accidents involving a firefighter or emergency medical technician while on duty.
HB 76. By Representatives Williams of the 114th, Padgett of the 119th and Connell of the 115th:
A bill to amend Code Section 10-1-420 of the Official Code of Georgia Annotated, relating to advertising without intending to sell on stated terms, so as to provide for the size and style of type to be used in any disclaimer or symbol directing attention to a disclaimer regarding the availability of merchandise or services advertised for sale.

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JOURNAL OF THE SENATE

HB 107. By Representative Groover of the 125th:
A bill to amend Article 2 of Chapter 4 of Title 17 of the Official Code of Georgia Annotated, relating to arrest by law enforcement officers in general, so as to pro vide that a sworn county or municipal law enforcement officer shall be authorized to transport an arrested person from one jurisdiction to the county or municipal ity in which the offense is alleged to have been committed.
HB 214. By Representative Twiggs of the 8th:
A bill to amend Chapter 8 of Title 40 of the Official Code of Georgia Annotated, relating to equipment of motor vehicles, so as to change certain tire tread re quirements for school buses.
HB 223. By Representative Parham of the 122nd:
A bill to amend Chapter 16 of Title 45 of the Official Code of Georgia Annotated, relating to coroners, so as to change the provisions relating to the participation by coroners and deputy coroners in an annual training course.
HB 228. By Representatives Walker of the 141st, Ray of the 128th, Floyd of the 138th and others:
A bill to amend Article 2 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to the control of water pollution, so as to provide definitions; to provide that a county in which a sludge land application site is located shall have approval authority over the site and may assess fees for third-party monitoring.
HB 283. By Representatives Patten of the 176th and Barfoot of the 155th:
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 generally, so as to provide that such division is authorized to provide training for waste-water treatment plant operators and waste-water labo ratory analysts.
HB 386. By Representatives Watson of the 139th and Dixon of the 150th:
A bill to amend Chapter 2 of Title 25 of the Official Code of Georgia Annotated, relating to the regulation of fire and other hazards to persons and property gen erally, so as to revise certain provisions relative to fees charged by the Safety Fire Commissioner; to provide an additional fee for permit to dispense compressed natural gas for vehicular fuel.
HB 447. By Representatives Buck of the 135th, Culbreth of the 132nd and Parham of the 122nd:
A bill to amend Code Section 40-11-2 of the Official Code of Georgia Annotated, relating to duties of persons who remove or store certain motor vehicles, so as to provide for additional consequences with respect to the failure to provide certain required notice and information.
HB 508. By Representatives Colwell of the 7th and Greene of the 158th:
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 upon completion of a defen sive driving program or DUI Alcohol or Drug Use Risk Reduction Program, so as to prohibit certain persons connected to private companies providing probation services from specifying attendance at a particular clinic or program or soliciting for a particular clinic or program.

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893

HB 528. By Representatives Colwell of the 7th and Poag of the 6th:
A bill to amend Code Section 12-5-29 of the Official Code of Georgia Annotated, relating to sewage and waste disposal and related matters, so as to provide for certain restrictions on marine toilets used on Lake Blue Ridge.
HB 540. By Representatives Culbreth of the 132nd, Lord of the 121st, Williams of the 114th and Heard of the 89th:
A bill to amend Article 1 of Chapter 23 of Title 33 of the Official Code of Georgia Annotated, relating to the licensing of agents, subagents, adjusters, and counsel ors, so as to define what shall be considered a separate transaction with regard to fees received by insurance counselors.
HB 547. By Representatives Watts of the 26th, Dover of the 9th, Lee of the 94th and others:
A bill to amend Article 10 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of motor vehicles and mobile homes, so as to provide that certain heavy-duty equipment used for construction pur poses which is owned by a nonresident and operated in this state after January 1 of any year and which was brought into Georgia from a state which subjects to taxation heavy-duty equipment owned by residents of this state shall be subject to ad valorem taxation.
HB 568. By Representatives Lucas of the 124th, Groover of the 125th, Walker of the 141st and Snow of the 2nd:
A bill to amend Chapter 33 of Title 33 of the Official Code of Georgia Annotated, relating to fair access to insurance requirements, so as to authorize the provision of temporary insurance coverage to local public entities during the pendency of appeals from adverse underwriting decisions.
HB 653. By Representatives Skipper of the 137th, Dixon of the 150th, Watson of the 139th 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, and other utility contractors, so as to define certain terms; to change the composition of the State Construction Industry Licensing Board.
The President called for the morning roll call, and the following Senators answered to their names:

Abernathy Alien Balfour Baugh Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cheeks Clay Coleman Crotts Dawkins

Day Dean Edge Farrow Garner Gillis Gochenour Harbison Hemmer Henson Hill Hooks Huggins Isakson Kemp

Langford of 29th Madden Marable Middleton Newbill Oliver Parrish Perdue Pollard Ragan of llth Ragan of 32nd Ralston Ray Robinson Scott

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JOURNAL OF THE SENATE

Slotin Starr Taylor

Thomas Thompson Turner

Tysinger Walker

Those not answering were Senators:

Egan

Glanton

Langford of 35th

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

Senator Abernathy of the 38th introduced the chaplain of the day, Reverend Earl Callaway, pastor of Saint Stephens Missionary Baptist Church, East Point, Georgia, who of fered scripture reading and prayer.

Senator Glanton of the 34th requested that the following statement be placed in today's Journal:

Mr. Eldridge,

March 3, '93

Please excuse me -- I have been in the chamber since 9:35 AM; but I sat reading in stead of voting. I would like, if possible, for the journal to show I was present.

Thank you

/s/ Pam Glanton

The following resolutions of the Senate were read and adopted:

SR 245. By Senators Clay of the 37th, Isakson of the 21st, Thompson of the 33rd and Ragan of the 32nd:
A resolution commending Neighborhood Cobb.

SR 246. By Senator Blitch of the 7th: A resolution commending the City of Tifton and Tift County.

SR 247. By Senator Baugh of the 25th: A resolution commending the Composite State Board of Medical Examiners.

SR 249. By Senator Langford of the 35th: A resolution recognizing the Reverend Dreyfus C. Smith.

Senator Coleman of the 1st moved that the following bill of the House be withdrawn from the Senate Committee on Judiciary and committed to the Senate Committee on Transportation:

HB 301. By Representatives Benefield of the 96th, Dixon of the 150th, Brooks of the 103rd and others:
A bill to amend Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to when public disclosure is not required for public records, so as to provide that rejected bid proposals and cost estimates of the Department of Transportation shall not be open to the public.

On the motion, the yeas were 37, nays 0; the motion prevailed, and HB 301 was with drawn from the Senate Committee on Judiciary and committed to the Senate Committee on Transportation.

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Senator Newbill of the 56th moved that the following bill of the Senate be withdrawn from the Senate Committee on Governmental Operations and committed to the Senate Committee on Urban and County Affairs (General):
SB 370. By Senators Newbill of the 56th and Broun of the 46th:
A bill to amend Part 1 of Article 4 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to general provisions regarding the selection and qualification of candidates, so as to require chairpersons and commissioners of county governing authorities to be nominated and elected in nonpartisan prima ries and elections; to authorize the General Assembly to provide by local law for exceptions; to provide an effective date.
On the motion, the yeas were 33, nays 0; the motion prevailed, and SB 370 was with drawn from the Senate Committee on Governmental Operations and committed to the Sen ate Committee on Urban and County Affairs (General).
Lieutenant Governor Howard introduced Marguerite Neel Williams, who, having been commended by SR 179, adopted previously, briefly addressed the Senate.
Senator Broun of the 46th introduced the doctor of the day, Dr. James L. Brown, Jr., of Athens, Georgia.
Senator Walker of the 22nd introduced Dr. Lewis Sullivan, President of Morehouse Medical School and former U. S. Secretary of Health and Human Services, who briefly ad dressed the Senate.
Senator Harbison of the 15th introduced Rebecca Parker Griffin, his mother, who was commended by SR 15, adopted previously.
The following local, uncontested bills of the Senate and House, favorably reported by the committee as listed on the Senate Local Consent Calendar, were put upon their passage:
SENATE LOCAL CONSENT CALENDAR
Wednesday, March 3, 1993
THIRTIETH LEGISLATIVE DAY
(The names listed with each bill are the Senators whose districts are affected by the legislation.)
*SB 265 Scott, 36th Langford, 35th Slotin, 39th Egan, 40th Abernathy, 38th Newbill, 56th FULTON COUNTY
Revises election districts for Board of Commissioners of Fulton County. (SUBSTITUTE)

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SB 325 Thompson, 33rd Clay, 37th Ragan, 32nd Isakson, 21st Abernathy, 38th COBB COUNTY
Provides for office of Chairman of Board of Commissioners be declared va cant if holder qualifies for another state, county, or city office or qualifies for the House of Representatives or the Senate of the United States under cer tain circumstances.
SB 329 Baugh, 25th BALDWIN COUNTY
Appointment of chief magistrate and other magistrates of the Magistrate Court of Baldwin County; changes the manner of selecting the chief magis trate of said court; special election; terms of office.
HB 825 Henson, 55th Oliver, 42nd Burton, 5th Thomas, 10th Tysinger, 41st Parrish, 43rd DEKALB COUNTY
Establishes the recorder's court of DeKalb County; provides the court with authority to assess fines not to exceed the sum of $1,000 for any single offense.
HB 856 Dawkins, 45th Crotts, 17th NEWTON COUNTY
Provides for Board of Education; election; new districts; terms of office.
HB 859 Dawkins, 45th Crotts, 17th NEWTON COUNTY
Provides for Board of Commissioners; changes composition of election dis tricts; terms of office.
HB 867 Alien, 2nd Hill, 4th EFFINGHAM COUNTY
Creates the Board of Commissioners of Effingham County; provides for elec tions; duties; increase in compensation.
HB 869 Kemp, 3rd LONG COUNTY
Provides an annual salary in lieu of fee system; changes provisions relating to deputy sheriffs.

WEDNESDAY, MARCH 3, 1993

897

The substitute to the following bill was put upon its adoption:
*SB 265:
The Senate Committee on Urban and County Affairs offered the following substitute to SB 265:
A BILL
To be entitled an Act to amend an Act creating the Board of Commissioners of Fulton County, approved December 3, 1880 (Ga. L. 1880-81, p. 508), as amended, particularly by an Act approved February 15, 1952 (Ga. L. 1952, p. 2672), by an Act approved March 29, 1973 (Ga. L. 1973, p. 2462), by an Act approved March 5, 1974 (Ga. L. 1974, p. 2128), by an Act approved April 12, 1982 (Ga. L. 1982, p. 4148), and by an Act approved March 28, 1990 (Ga. L. 1990, p. 4531), so as to revise commissioner districts for the election of members of the board of commissioners; to provide for definitions and inclusions; to provide for submission of this Act to the United States Attorney General; to provide for effective dates; 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 Fulton County, approved December 3, 1880 (Ga. L. 1880-81, p. 508), as amended, particularly by an Act approved February 15, 1952 (Ga. L. 1952, p. 2672), by an Act approved March 29, 1973 (Ga. L. 1973, p. 2462), by an Act approved March 5, 1974 (Ga. L. 1974, p. 2128), by an Act approved April 12, 1982 (Ga. L. 1982, p. 4148), and by an Act approved March 28, 1990 (Ga. L. 1990, p. 4531), is amended by striking Section 2 of the amendatory Act of 1952 (Ga. L. 1952, p. 2672), as amended by the amendatory Act of 1973 (Ga. L. 1973, p. 2462), the amendatory Act of 1974 (Ga. L. 1974, p. 2128), the amendatory Act of 1982 (Ga. L. 1982, p. 4148), and the amendatory Act of 1990 (Ga. L. 1990, p. 4531), and inserting in lieu thereof a new Sec tion 2 to read as follows:
"Section 2. (a) For the purpose of electing the members of the board of commissioners, there shall be seven commissioner districts to be designated Commission Districts 1 through 7, and one commissioner shall be elected from each of said districts. For the purpose of electing the commissioners, Fulton County shall be divided into commissioner districts as follows:
Commissioner District 1
FULTON COUNTY The entire County of Fulton
Commissioner District 2
FULTON COUNTY The entire County of Fulton
Commissioner District 3
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 NCll VTD: OOR2 RW01

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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: OOW5 SS18 VTD: OOW6 SS19 VTD: OOW7 SS20 VTD: OOW9 SS22 VTD: 00X3 AP02 VTD: 00X6 SS17 VTD: OOY2 RW09
Commissioner District 4
FULTON COUNTY VTD: 0077 6A VTD: 0079 6C VTD: 0080 6D VTD: 0081 6E VTD: 0084 6H VTD: 0085 6J VTD: 0086 6K 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: OOB9 8L VTD: OOC1 8M VTD: OOC7 8V VTD: OOU8 SS02 VTD: OOU9 SS03 VTD: OOV1 SS04 VTD: OOV2 SS05 VTD: OOV3 SS06 VTD: OOV4 SS07

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VTD: OOV5 SS08 VTD: OOV6 SS09 VTD: OOV7 SS10 VTD: OOV8 SS11 VTD: OOV9 SS12 VTD: OOW1 SS13 VTD: OOW2 SS14 VTD: OOW4 SS16 VTD: OOW8 SS21 VTD: 00X5 SS23
Commissioner District 5
FULTON COUNTY VTD: 0039 3A VTD: 0040 3B VTD: 0041 3C VTD: 0042 3D VTD: 0043 3E VTD: 0046 3H VTD: 0048 3K VTD: 0049 3L VTD: 0050 3M VTD: 0051 3N VTD: 0052 3P VTD: 0053 3R VTD: 0055 4A VTD: 0058 4D VTD: 0061 4G VTD: 0065 4L VTD: 0066 4M VTD: 0067 4N VTD: 0069 4R VTD: 0070 4S VTD: 0071 4T VTD: OOB8 8K VTD: OOC2 8N VTD: OOC3 8P VTD: OOC4 8R 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: OOF5 10H

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VTD: OOF6 10J VTD: OOF7 10K VTD: OOFS 10L VTD: OOF9 10M VTD: OOG1 ION VTD: OOG2 11A VTD: OOG8 11G VTD: OOG9 11H VTD: OOH2 UK VTD: OOH3 11L VTD: OOH4 11M VTD: OOK1 12L VTD: OOT7 SC14 VTD: 00X7 9T
Commissioner District 6
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: 0044 3F VTD: 0045 3G VTD: 0047 3J VTD: 0056 4B VTD: 0057 4C VTD: 0059 4E VTD: 0062 4H VTD: 0064 4K VTD: 0073 5A VTD: 0074 5B VTD: 0076 5K VTD: 0078 6B VTD: 0082 6F VTD: 0083 6G VTD: 0087 6N VTD: OOH9 12A

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901

VTD: OOJ1 12B VTD: OOJ2 12C 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
Tract: 0075. Block(s): 107, 108, 109, 110, 112, 113
VTD: OOJ5 12F VTD: OOJ6 12G VTD: OOJ7 12H VTD: OOJ8 12J VTD: OOJ9 12K VTD: OOK2 12M VTD: OOK3 12N VTD: OOK4 12P VTD: OON5 HP02
Commissioner District 7
FULTON COUNTY VTD: OOG3 11B VTD: OOG4 11C VTD: OOG5 11D VTD: OOG6 HE VTD: OOH1 11J VTD: OOH5 UN VTD: OOH6 IIP VTD: OOH7 11R VTD: OOJ4 12E (Part) Tract: 0074. Block(s): 201, 202, 203, 204, 208, 209, 211A, 212A, 213 Tract: 0075. Block(s): 201, 203A, 204A, 205, 206, 207, 208, 209, 210A, 211A, 301 Tract: 0108. Block(s): 616A, 628A, 629, 630 Tract: 0110. Block(s): 114B VTD: OOK6 CP01 VTD: OOK7 CP02 VTD: OOK8 CP03 VTD: OOL1 CP05 VTD: OOL2 CP06 VTD: OOL6 EP01 VTD: OOL7 EP02 VTD: OOL8 EPOS VTD: OOM1 EPOS VTD: OOM2 EP06 VTD: OOM3 EP07 VTD: OOM5 EP09 VTD: OOM6 EP10 VTD: OOM7 EP11 VTD: OOM8 EP12 VTD: OON1 EP14 VTD: OON2 EP15 VTD: OON3 FA01 VTD: OON4 HP01

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VTD: OOR1 PA01 VTD: OOT1 SC08 VTD: OOT2 SC09 VTD: OOT3 SC10 VTD: OOT4 SC11 VTD: OOT5 SC12 VTD: OOT6 SC13 VTD: OOT9 SC16 VTD: OOU1 SC17 VTD: OOU3 SC19 VTD: OOU5 SC21 VTD: 00X1 UC01 VTD: 00X2 UC02 VTD: OOY3 SC01 VTD: OOY4 SC02 VTD: OOY5 SC03 VTD: OOY6 SC04 VTD: OOY7 SC05 VTD: OOY9 SCO?
(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 of the United States decennial census of 1990 for the State of Georgia shall control;
(4) Any part of Fulton 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 Fulton 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) All members of the board of commissioners shall be qualified electors of Fulton County and shall be at least 21 years of age as of the date of taking office. All of said members shall have been residents of their respective districts for at least one year as of the date of their taking office. The commissioner from Commissioner District 1 shall be the chairperson of the board of commissioners and shall be elected by a majority of the qualified electors of the entire County of Fulton voting at the elections provided for in this Act. The commissioner from Commissioner District 2 shall be elected by a majority of the qualified electors of the entire County of Fulton voting at the elections provided for in this Act. The members from Commissioner Districts 3 through 7 shall be residents of their respective commissioner districts, and each such member shall be elected by a majority vote of the qualified electors voting within the member's respective commissioner district at the elec tions provided for in this Act. Any person offering as a candidate for commissioner shall

WEDNESDAY, MARCH 3, 1993

903

designate the commissioner district for which he or she is offering. All members of said board of commissioners 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.' "
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 Fulton County to submit this Act to the United States Attorney General for approval.
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 Fulton County at the general election of 1994, this Act shall become effective on January 1, 1995. The provisions of this Act relating to and necessary for the election of members of said board of commissioners at the general election of 1994 shall become effective upon the approval of this Act by the Governor or upon its otherwise becoming law.
Section 4. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 53, 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:

Abernathy Alien Balfour Baugh Blitch Boshears nWen , ,,*,. Broun of 46th BBruorwtonn of 26th
Cheeks Clay Coleman
Crotts Dawkins Day Dean Edge

Egan Farrow Garner Gillis Glanton Gochenour Harbison Hemmer HHeilnl son
Hooks Huggins Kemp
Langford of 35th Langford of 29th Madden Marable Middleton

Newbill Oliver Perdue Pollard Ragan of llth j^^, of 32nd j^^ ~ DRo:b_inson
flotm tarr Tflylor
Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Isakson

Parrish

Scott

On the passage of all the local bills, the yeas were 53, nays 0.

All the bills on the Senate Local Consent Calendar, except SB 265, having received the requisite constitutional majority, were passed.

SB 265, having received the requisite constitutional majority, was passed by substitute.

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Senator Blitch of the 7th introduced several people from the City of Tifton and Tift County who were commended by SR 246 adopted previously today.
Senator Coleman of the 1st introduced Jim Forbes, Chairman, Grand Marshal George W. (Willie) Adams, Sr., and other representatives of the Savannah St. Patrick's Day Parade Committee, having been commended by SR 242, adopted previously, and Chairman Forbes briefly addressed the Senate.
SENATE RULES CALENDAR
Wednesday, March 3, 1993
THIRTIETH LEGISLATIVE DAY
HB 79 Review of Sentences--change provisions on certain sentences (S Judy--28th) SB 4 Fair and Open Grants Act of 1993--provide (Substitute) (Approp--45th) HB 258 Conditioned Air Contracting--redefine relating to regulation (Substitute)
(ST&I--41st) SB 250 Public Service Commission--relative to personnel (Substitute) (F&PU--42nd) SR 200 Glynn County--conveyance of an interest in certain state property (F&PU--3rd) HB 94 Handicapped Parking Violations--change penalties (YA&HE--52nd) SB 264 Insurance Commissioner--promulgate rules for enforcing Title 33 (I&L--19th) SB 49 County Boards of Health--composition, powers (Substitute) (H&HS--22nd) HB 124 Discrediting Agricultural, Aquacultural Food Products--civil action (Substitute)
(Ag--llth) HB 62 Equalized Adjusted School Property Tax Digest--boards of arbitrators
(F&PU--44th) HB 116 Special License Plate--issue to motor vehicle distributors (Trans--41st) HB 254 Public Records Disclosure--certain archival records exempt (Judy--42nd) HB 224 Water Well Contractors--continuing education (Nat R--20th) SB 149 State, School Forms Requesting Information--include "multiracial" (Amend
ment) (Gov Op--38th) SR 21 Atlanta Campaign Commission--create (EDT&C--21st) SB 260 Privatization Review Commission--create (Amendment) (Approp--45th) HB 308 Outdoor Advertising Signs--judicial review of Department of Transportation de
cision (Trans--1st) HB 298 Elections--revise duties of State Election Board (Substitute) (S Judy--28th)
Respectfully submitted, /s/ George Hooks of the 14th, Chairman
Senate Rules Committee
The following general bills of the Senate and House, favorably reported by the commit tees, were read the third time and put upon their passage:
HB 79. By Representatives Walker of the 141st, Bostick of the 165th, Groover of the 125th and others: A bill to amend Code Section 17-10-6 of the Official Code of Georgia Annotated, relating to review of sentences of imprisonment for periods of five or more years by a three-judge panel, so as to change the review by a three-judge panel to

WEDNESDAY, MARCH 3, 1993

905

sentences of imprisonment of 12 or more years or several consecutive sentences which total 12 or more years when fixed and imposed by a judge without a jury.
Senate Sponsor: Senator Edge of the 28th.

Senators Garner of the 30th and Edge of the 28th offered the following amendment:

Amend HB 79 by striking on page 1 beginning on line 11 and ending on page 2, line 29, and inserting in lieu thereof the following:
"The Sentence Review Panel stands abolished on July 1, 1993."

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:

Balfour Coleman Crotts Edge Farrow Garner

Glanton Gochenour Huggins Isakson Langford of 29th Perdue

Ragan of 32nd Ralston Taylor Thompson Tysinger

Those voting in the negative were Senators:

Abernathy Alien Baugh Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cheeks Clay Dawkins

Day Dean Egan Harbison Hemmer Henson Hooks Kemp Langford of 35th Madden Marable

Newbill Oliver Pollard Ragan of llth Ray Scott Slotin Starr Thomas Turner Walker

Those not voting were Senators:

Gillis Hill

Middleton Parrish

Robinson

On the adoption of the amendment, the yeas were 17, nays 34, 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:

Abernathy Alien Balfour Baugh Blitch

Boshears Bowen Broun of 46th Brown of 26th Burton

Cheeks Clay Crotts Dawkins Dean

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JOURNAL OF THE SENATE

Edge Egan Farrow Garner |lhs rGH^oarclbhTM iesnoon,ur Hemmer Henson Hill Hooks Huggins

Isakson Kemp Langford of 35th Langford of 29th Madden MMiai-drjadjiblele4ton Newbill Oliver Parrish Perdue Pollard

Ragan of llth Ragan of 32nd Ralston Ray Slotin mTStaey"lor Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Coleman Day

Robinson

Scott

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

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

SB 4. By Senators Dawkins of the 45th, Oliver of the 42nd, Hill of the 4th and Hooks of the 14th:
A bill to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to impose requirements for the awarding of grants by the state; to provide a short title; to provide for a definition; to provide for applica bility; to promote fairness and openness in the awarding and disbursement of state grants; to provide for rules and regulations.

The Senate Committee on Appropriations offered the following substitute to SB 4:

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 impose requirements for the awarding of grants by the state; to provide a short title; to provide for definitions; to provide for applicability; to pro mote fairness and openness in the awarding and disbursement of state grants; to provide for rules and regulations; to provide for publication, retention, filing, and inspection of notices; to provide for practices and procedures; to provide that certain grants shall be void and shall be refunded to the state agency making the grant; to provide for audits; to provide for requirements for the appropriation of funds; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 50 of the Official Code of Georgia Annotated, relating to state govern ment, is amended by adding at the end thereof a new Chapter 28 to read as follows:
"CHAPTER 28
50-28-1. This chapter shall be known and may be cited as the 'Fair and Open Grants Act of 1993.'
50-28-2. As used in this chapter, the term:
(1) 'Grant' means any line item appropriation of funds that will be disbursed for a

WEDNESDAY, MARCH 3, 1993

907

public purpose of which such amount, purpose, and recipient is not identified in the Appro priation Act. For the purposes of this Code section, 'grant' shall not include:
(A) Disbursements made pursuant to the Quality Basic Education formula;
(B) Disbursements made pursuant to the board of regents funding formula;
(C) Any grant, by law, which is apportioned entirely by formula;
(D) Common object classes excluding per diem, fees, and contracts;
(E) Disbursements made through the Governor's Emergency Fund; or
(F) Any disbursements made pursuant to an emergency.
(2) 'State agency' means any department, agency, bureau, commission, or like unit of organization of state government and any state authority.
50-28-3. Before any state agency may make any grant of public funds or of funds other wise within its power of disposition, the state agency must publish a description of the grant program in the Official Compilation of the Rules and Regulations of the State of Georgia and the Secretary of State shall make such descriptions available for convenient public in spection. The description must contain at least the following:
(1) The name of the grant program;
(2) The citation to the statutory basis for the grant program in the Official Code of Georgia Annotated or other general law of the State of Georgia;
(3) The general scope and purpose of the grant program;
(4) General terms and conditions of the grant;
(5) Eligible recipients of the grant;
(6) The criteria for the award of the grant; and
(7) Directions and deadlines for applying for such grant.
50-28-4. (a) No grant shall be awarded except upon written application which demon strates in specific terms how the applicant is eligible and satisfies the criteria. All grants shall be disbursed pursuant to grant agreements which state in specific terms the amount and purposes of the grant and the other terms and conditions of the grant.
(b) No grant by the executive branch of state government shall be awarded or disbursed solely upon the recommendation, request, or direction of an officer, member, or employee of the legislative or judicial branch of state government. The award and disbursement of any grant shall be determined independently by the state agency.
50-28-5. Before December 31 of each calendar year, each state agency shall compile and file with the Secretary of State a list of grants awarded and disbursed in the prior fiscal year, reporting the recipient, grant program by name, specific purpose, and amount. The Secretary of State shall maintain a register of such lists and make them available for con venient public inspection.
50-28-6. Any recipient of a grant made by a state agency shall be subject to audit by the state auditor for the purpose of confirming compliance with state law and the performance of the terms of the grant.
50-28-7. Any grant made in violation of this chapter shall be void. In addition to any other remedy provided by law, no recipient of a void grant shall be eligible for the award or disbursement of any other grant by a state agency until the full amount of the void grant is refunded to the state agency.
50-28-8. Any funding for grants in an appropriations Act by the General Assembly shall be separately appropriated, and the appropriation shall contain the word 'grant' in its description of the purpose of the appropriation. All appropriations for grants by a particular

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s'gtaratentsa.g' e"ncy shall be listed together under a heading that contains the word 'grant' or

Section 2. This Act shall become effective on July 1, 1993. Section 3. All laws and parts of law in conflict with this Act are repealed.

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

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

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

Those voting in the affirmative were Senators:

Abernathy Alien Balfour Baugh Blitch Bshears
DWen f x^u Broun of 46th Brown of 26th Burton Cheeks
Coleman Crotts Dawkins Day Dean Edge Egan

Farrow Garner Gillis
Glanton Gochenour Harbison
Hemmer Hengon ,,.,, TM. Hoks Huggms Isakson KemP Langford of 35th Langford of 29th Madden Marable Middleton

Newbill Oliver Parrish
Perdue Pollard Ragan of llth
Ragan of 32nd Ralgton D Rav Scott Slotm Starr Tavlor Thomas Thompson Turner Tysinger Walker

Not voting was Senator Robinson.

On the passage of the bill, the yeas were 55, nays 0.

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

HB 258. By Representative Watson of the 139th:
A bill to amend Code Section 43-14-2 of the Official Code of Georgia Annotated, relating to definitions applicable to the regulation of electrical contractors, plumbers, conditioned air contractors, low-voltage contractors, and utility con tractors, so as to change the definition of the term "conditioned air contracting".
Senate Sponsor: Senator Tysinger of the 41st.

The Senate Committee on Science, Technology, and Industry offered the following sub stitute to HB 258:

A BILL
To be entitled an Act to amend Code Section 43-14-2 of the Official Code of Georgia Annotated, relating to definitions applicable to the regulation of electrical contractors, plumbers, conditioned air contractors, low-voltage contractors, and utility contractors, so as

WEDNESDAY, MARCH 3, 1993

909

to change the definition of the term "conditioned air contracting"; 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 43-14-2 of the Official Code of Georgia Annotated, relating to definitions applicable to the regulation of electrical contractors, plumbers, conditioned air contractors, low-voltage contractors, and utility contractors, is amended by striking para graph (3) in it entirety and inserting in lieu thereof a new paragraph (3) to read as follows:
"(3) 'Conditioned air contracting' means the installation, repair, or service of condi tioned air systems or conditioned air equipment. Service to or installation of the electrical connection between the electrical disconnect and conditioned air equipment is considered to be installation, repair, or service of conditioned air equipment or the conditioned air system. Service to or installation of the electrical circuit from the electrical distribution panel to the conditioned air equipment where the electrical service to the building or site is a singlephase electrical circuit not exceeding 200 amperes is considered to be installation, repair, or service of conditioned air equipment or the conditioned air system."
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 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:

Abernathy Alien Balfour
Baugh Blitch Boshears
SBroWuen" o,f 4,,6t,h. BBruorwtonn of 26th Cheeks Clay Ootts Dawkins Day Dean Edge

Farrow Gillis Glanton
Gochenour Harbison Hemmer
H,,ens, on ""upksms Isakson Kemp Langford of 35th Langford of 29th Madden Marable Newbill

Oliver Parrish Perdue
Pollard Ragan of llth Ragan of 32nd
CRoalston RScaoyttft Slotm Starr Taylor Thompson Turner Tysinger Walker

Those not voting were Senators:

Coleman Egan Garner

Hill Middleton

Robinson Thomas

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

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JOURNAL OF THE SENATE

The bill, having received the requisite constitutional majority, was passed by substitute.
SB 250. By Senators Oliver of the 42nd, Garner of the 30th, Robinson of the 16th and others:
A bill to amend Chapter 2 of Title 46 of the Official Code of Georgia Annotated, relating to the Public Service Commission, so as to revise substantially the provi sions relative to the personnel of the Public Service Commission; to prohibit an employee or member of the Public Service Commission from accepting employ ment with or other compensation from entities regulated by the commission for a certain period of time.
The Senate Committee on Finance and Public Utilities offered the following substitute to SB 250:
A BILL
To be entitled an Act to amend Chapter 2 of Title 46 of the Official Code of Georgia Annotated, relating to the Public Service Commission, so as to revise substantially the pro visions relative to the personnel of the Public Service Commission; to prohibit an employee or member of the Public Service Commission or an employee of the Utility Finance Section from accepting employment with or other compensation from entities regulated by the com mission for a certain period of time; to prohibit the offering of employment or compensation to an employee of the Utility Finance Section or an employee or member of the Public Service Commission by entities regulated by the commission for a certain period of time; to provide penalties for violations; to provide that hearings shall be conducted before hearing officers; to provide for the authority of hearing officers; to revise other matters relative to hearings before the commission; to provide for the review of decisions of hearing officers by the commission; to provide standards for review; to prohibit certain communications in con nection with contested cases; to provide sanctions for violations; to provide exceptions; to revise comprehensively provisions relating to the Utility Finance Section; to provide for the independent operation and funding of such section; to provide for the powers and responsi bilities of such section; to provide for an executive director and other personnel; to provide qualifications of certain personnel; to provide for the participation of the section in matters before the Public Service Commission and matters relative thereto; 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 2 of Title 46 of the Official Code of Georgia Annotated, relating to the Public Service Commission, is amended by striking Code Section 46-2-7, which reads as follows:
"46-2-7. The commission shall have power to employ such officers, experts, engineers, statisticians, accountants, inspectors, clerks, and other employees as it may deem necessary to perform the duties and exercise the powers conferred by law upon the commission. The compensation of such employees shall be fixed by the commission at such sums as it may deem reasonable and proper.",
and inserting in its place a new Code Section 46-2-7 to read as follows:
"46-2-7. (a) After July 1, 1993, the staff of the Public Service Commission shall consist of the following:
(1) An executive secretary to be appointed by the commission whose responsibility shall include the general supervision of the affairs of the staff of the commission and who shall assume the responsibilities relating to the executive secretary of the commission as set out in the rules of the commission as such rules exist on July 1, 1993;
(2) Personnel necessary to maintain the files and schedules of the business of the commission;

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911

(3) Personnel necessary to assist the executive secretary in fulfilling his or her responsi bilities pursuant to this Code section;
(4) A director of utilities as provided in Code Section 46-2-7.1;
(5) A public information officer as provided in Code Section 46-2-7.2;
(6) Hearing officers as provided in Code Section 46-2-58; and
(7) Employees as provided in Chapter 7 of this title, relating to motor carriers.
(b) After July 1, 1993, each member of the Public Service Commission shall have the authority to employ staff as follows:
(1) One research assistant or law clerk for purposes of assisting the member in the quantitative and qualitative analysis of matters coming before the commission; and
(2) One confidential secretary for purposes of assisting the member in the management of his or her office."
Section 2. Said chapter is further amended by striking Code Section 46-2-7.1, relating to the director of utilities, and inserting in its place a new Code Section 46-2-7.1 to read as follows:
"46-2-7.1. (a) On or before July 1, M8i 1993, the commission shall employ a director of utilities, who shall serve at the pleasure of the commission and whose salary shall be set by the commission.
(b) The director of utilities shall:
(1) Direct the activitica of the utility divisions and scctiona,
{2} (1) Manage and coordinate the commission's preparation of rate cases, review by hearing officers of rate cases and other proceedings before the commission; and
(3) Schedule and eoor-dinatc all in houac, reactive, regular, and engineering audits,
(4) Direct all utility personnel and the preparation of that section of the commissions' budget, and
W (2) Perform such other duties as the commission may establish by order."
Section 3. Said chapter is further amended by striking Code Section 46-2-8, relating to the payment of salaries and expenses by the commission, and inserting in its place a new Code Section 46-2-8 to read as follows:
"46-2-8. The salaries fixed by the commission for its officers, experts, engineers, statisti cians, accountants, inspectors, clerks, and othc? employees, personnel and fixed by Code Section 45-7-4 for Commissioners, shall be paid monthly from the funds provided for the use of the commission after being approved by the commission. All expenses incurred by the commission, including the actual and necessary traveling and other expenses and disburse ments of the Commissioners, and of officers and employees, incurred while on business of the commission, shall be paid from the funds provided for the use of the commission after being approved by the commission. The necessary expenses of conducting the business of the commission and the salaries of the Commissioners shall be provided for by appropria tions made for such purposes. The funds assessed and collected as provided in Code Section 46-2-10 shall be specially designated as the Public Service Commission Fund and shall be expended only as provided and directed in this title."
Section 4. Said chapter is further amended by adding immediately following Code Sec tion 46-2-32, relating to the payment of fines into the general fund, a new Code Section 462-33 to read as follows:
"46-2-33. (a) No Public Service Commissioner or other person employed in any capacity by the Public Service Commission or Utility Finance Section shall while so employed or within two years after leaving such employ enter into a contractual relationship or accept employment with or receive compensation, including gifts, meals, or entertainment, directly

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or indirectly, from or enter into a contractual relationship with an entity or an affiliate company of an entity that is subject to regulation by the Public Service Commission or that was subject to such regulation at the time of such person's departure.
(b) An entity or an affiliate company of an entity that is subject to regulation by the Public Service Commission or a person acting on behalf of such an entity or its affiliates shall not negotiate or offer to employ or compensate a Commissioner of the Public Service Commission or any employee thereof or any employee of the Utility Finance Section while such person is so employed or within two years after such person leaves that employment.
(c) A person who violates this Code section is subject to a civil penalty not to exceed $10,000.00 for each violation. The Attorney General may bring an action in court to collect the penalties provided in this subsection."
Section 5. Said chapter is further amended by striking Code Section 46-2-58, relating to the conducting of hearings by hearing officers, and inserting in lieu thereof the following:
"46-2-58. (a) The commission shall employ one or more hearing officers to perform the duties set forth in this Code section. Hearing officers shall be persons qualified by knowl edge and experience to conduct hearings on utility and transportation matters. In addition, the commission may employ part-time hearing officers, if necessary, to handle the caseload.
(b) In all utility proceedings commenced after July 1, 1081 1993, any hearing may shall be conducted by a hearing officer; who shall have authority to:
(1) Administer oaths and affirmations;
(2) Sign and issue subpoenas for discovery or trial;
(3) Rule upon offers of proof;
(4) Regulate the course of the hearing, setting the time and place for continued hearings;
(5) Permit persons to make limited appearances as provided in Code Section 46-2-59;
(6) Take official notice of judicially recognizable facts;
(7) Reprimand or exclude from the hearing any person for any indecorous or improper conduct committed at or during a hearing;
(8) Exercise such other powers necessary for the efficient and expeditious conduct of the hearing; to the end that a complete and orderly record may be developed; and
(9) Make written proposed findings of fact, proposed conclusions of law, and initial decisions based upon evidence in the record.
(c) The hearing officer or commission shall permit only the Commissioners, the hearing officer, the parties, or the attorneys of record of the Commissioners, hearing officers, or par ties to examine or cross-examine witnesses, except with the consent of the witness.
(d) Within 30 days after the conclusion of a hearing, the hearing officer shall prepare and certify a record of the evidence to the commission. The hearing officer shall also trans mit to the commission proposed written findings of fact based upon evidence in the record. A copy of the record and proposed findings of fact and proposed conclusions of law shall be provided all parties of record by the hearing officer. The hearing officer may shall render an initial or recommended decision in uncontcatcd all cases, if directed to do ao by the commissieft. Any such recommended decision shall also~be served upon the parties of record, who shall be provided an opportunity to file with the commission its objections or comments and present briefs to the commission. In its discretion, the commission may allow the parties~o7 record to present oral argumenTs to the commission.
(e) On review from the initial decision of the hearing officer, the commission shall have all tEe powers it would have in making the initial decision and, if deemed advisable, the commission may take additional testimony or remand the case to the hearing officer for such purposed

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(f) Notwithstanding the provisions of Code Section 50-13-17 or any other provision of law, tHe commission may reverse or modify a proposed decision of the hearing officer. In any final decision reversing or modifying a proposed decision of a hearing officer, the commission shall state whether substantial rights of the appellant have been prejudiced because the findings, inferences, conclusions, or decisions are:
(1) In violation of constitutional or statutory provisions;
(2) In excess of the statutory authority of the agency;
(3) Made upon unlawful procedure;
(4) Affected by other error of law;
(5) Arbitrary or capricious or characterized by abuse of discretion or clearly unwar ranted exercise of discretion;
(6) Based on a determination of fact or law that is not supported by evidence that is substantial when viewed in light of the whole record before the commission; ~of
(7) Contrary to public policy and the purposes of the commission."
Section 6. Said chapter is further amended by adding immediately following Code Sec tion 46-2-59, relating to permissible parties in proceedings before the commission, a new Code Section 46-2-60 to read as follows:
"46-2-60. (a) No Public Service Commissioner, hearing officer, or employee or agent of the Public Service Commission, or Utility Finance Section shall, without notice and an op portunity for all parties to participate, communicate, directly or indirectly, with any mem ber of the Consumers' Utility Counsel, any other party to a proceeding, or any other person who has direct or indirect pecuniary interest in the outcome of a proceeding regarding any issue in a contested case as denned by paragraph (2) of Code Section 50-13-2, other than communications necessary to procedural aspects of maintaining an orderly proceeding.
(b) No Public Service Commissioner, hearing officer, or employee or agent of the Public Service Commission or Utility Finance Section shall communicate, directly or indirectly, with any person who is reasonably likely to have a pecuniary interest in, or with any person who represents someone with such an interest in, any issue which is reasonably anticipated to become the subject of a contested case before the Public Service Commission within the following 24 months and concerns the commission's decision in such case without notice and opportunity for all persons likely to be interested to participate. A Public Service Commis sioner, hearing officer, or employee or agent of the Public Service Commission or Utility Finance Section may engage in any communication necessary to obtain information relating to regulatory policies and issues under the commission's jurisdiction, but may not communi cate about any matters that have become a contested proceeding.
(c) Any party who violates subsection (b) of this Code section may, upon motion by any Public Service Commissioner or other party to a proceeding or prospective proceeding, be required by the Public Service Commission to show cause why the party should not be sanctioned. The Public Service Commission may impose the following sanctions:
(1) The party may be prohibited from participating in the matter which was the subject of the communication;
(2) The evidence submitted by the offending party in the proceeding or anticipated proceeding in which the communication occurred may be stricken from the record; and
(3) The relief sought or to be sought by the offending party may be denied.
(d) Public Service Commissioners, either individually or as a group, may at any time receive aid in investigating, compiling, evaluating, and analyzing the record from each other or from employees of the Public Service Commission.
(e) Public Service Commissioners may, at any time, communicate, either individually or

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as a group, in public forums with members of the general public about matters reasonably anticipated to become a contested proceeding."
Section 7. Said chapter is further amended by striking in its entirety Article 2A, relat ing to the Utility Finance Section, and inserting in its place a new Article 2A to read as follows:
"ARTICLE 2A
46-2-40. There is established a Utility Finance Section, which shall operate indepen dently of and shall be funded separately from the Public Service Commission and the Con sumers' Utility Counsel. Such staff shall consist of an executive director, an economic and planning division, an engineering division, and an accounting division. The executive direc tor shall establish the organizational structure of the staff and shall have the authority to create units as deemed appropriate to carry out the responsibilities of the staff. The Utility Finance Section shall have the duty to represent the broad interests of the State of Georgia before the Public Service Commission, and other public bodies in regulating public utilities, other than transportation utilities, municipal electric and gas corporations, and electric membership corporations, to assure that their rates are just, fair, and reasonable; their ac tivities are prudent; and their service nondiscriminatory and adequate insofar as the state as a whole and all its ratepayers, whether residential, commercial, or industrial, are concerned. The Utility Finance Section shall consist of a sufficient number of professional, administra tive, technical, clerical, and other personnel as may be necessary to perform its duties and responsibilities as provided in this article. All such personnel shall be competitively ap pointed by the executive director and shall be dismissed only for cause in accordance with the rules and regulations of the State Personnel Board.
46-2-41. The Utility Finance Section shall have and possess all of the rights and powers to perform all of the duties vested by this article.
46-2-42. (a) An executive director of the Utility Finance Section shall be appointed on or before July 1, 1993, by the Governor, with the advice and consent of the Lieutenant Governor and the Speaker of the House, to serve for a term of six years. Nominees for the position of executive director of the Utility Finance Section shall be submitted to the Gov ernor by the Energy Qualifications and Overview Committee established by subsection (b) of this Code section. An executive director will thereafter be appointed or reappointed every six years. The salary of the executive director shall be equal to the salary of the chairperson of the Public Service Commission. Nothing in this Code section shall be construed to pre vent reappointment of the executive director for consecutive terms.
(b) There is established the Energy Qualifications and Overview Committee which shall consist of seven members to be appointed as follows: two members appointed by the Lieu tenant Governor, one of whom shall be a member of the Senate; two members appointed by the Speaker of the House of Representatives, one of whom shall be a member of the House of Representatives; and three members appointed by the Governor who shall represent the interests of local governments, consumers, and business.
46-2-43. (a) The executive director must have the qualifications set forth below for ei ther the office of chief engineer, or chief auditor and shall have general charge of the opera tions and administration of the Utility Finance Section. It shall be the duty and responsibil ity of the executive director to supervise and manage the offices and personnel on the Utility Finance Section and to formulate written policies and procedures for the effective and effi cient operation thereof.
(b) The professional and technical personnel and members of the Utility Finance Sec tion shall be competitively appointed by the executive director and shall have at least the knowledge, skills, and abilities set forth in this subsection. These requirements shall not be

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915

waived and possession thereof shall be certified by the State Personnel Board. The profes sional and technical personnel of the Utility Finance Section shall be as follows:
(1) A chief engineer who shall be a graduate licensed engineer with a thorough knowl edge of engineering principles as applied to the design, construction, operation, mainte nance, and expansion of utility facilities and rate design and structure. The chief engineer shall possess a thorough knowledge of techniques and practices of public utility service and regulation and shall have the ability to evaluate the same and to formulate accurate conclu sions therefrom;
(2) A chief auditor who shall be a certified public accountant with a thorough knowl edge of standard accounting procedures, techniques, and systems with specific reference to the utility industry. Such accountant shall be experienced in public utility accounting and shall have a thorough knowledge of the financial and organizational structure of public util ity companies;
(3) A chief of economics and planning who holds at least a bachelor's degree in econom ics and possesses a thorough knowledge of the sources, principles, and techniques of eco nomic and financial research and statistical analysis, as well as considerable knowledge of capital markets with specific reference to utility financing. This employee shall be exper ienced in conducting analyses of the utility industry, the economy, cost of money, availabil ity and cost of fuel and energy, and other related matters;
(4) A chief communications engineer who is a graduate licensed engineer and who has a knowledge of engineering principles as applied to the design, construction, extension, and expansion of complex public communications systems and extensive experience in the oper ation and maintenance of the same, in the application of communications regulations, and in the determination of communications rates. The communications engineer shall possess a knowledge of techniques and practices for communications rate analysis and shall have the ability to evaluate the same and to formulate accurate conclusions therefrom; and
(5) Supportive technical personnel consisting of rate analysts, accountants, inspectors, and statisticians as authorized and appropriated by the General Assembly.
46-2-44. It shall be the duty and responsibility of the Utility Finance Section to investi gate, participate in, or initiate proceedings before the Public Service Commission with re spect to the reasonableness of rates charged or proposed to be charged by any public utility, other than a transportation utility, municipal electric or gas system, or electric membership corporation; the consistency of such rates with the public policy of assuring adequate provi sions of utility service to protect the public health and safety and to promote the general welfare; integrated resource planning or other obligations of the utilities; and any other mat ter which affects or may affect rates or services of such utilities.
46-2-45. Whenever the Utility Finance Section petitions the Public Service Commission to initiate proceedings to review, investigate, and take appropriate action with respect to the rates or service of public utilities, the Public Service Commission shall, within 30 days of receipt of such petition, provide a docket for the proceeding requested, advise the Utility Finance Section of parties known to it to be interested in proceedings of the type requested, and schedule hearings on the petition which shall result in a decision no later than six months from the date of the filing of the petition. Immediately upon its receipt of the Pub lic Service Commission's advice as to interested parties the Utility Finance Section shall give them notice of its petition, and, at such time or subsequently, advise them of the sched ule of the Public Service Commission for hearing the proceeding.
46-2-46. When participating in a proceeding before the Public Service Commission, the evidence and arguments presented by the Utility Finance Section shall be entitled to no more or no less weight than the evidence presented by any other party to the proceeding and the Public Service Commission shall be free to adopt, in whole or in part, or to reject, in whole or in part, the evidence or arguments of the Utility Finance Section to the same extent as the Public Service Commission may adopt or reject the evidence and arguments of other parties.

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46-2-47. The Utility Finance Section shall be entitled to discovery as provided in Code Section 46-2-57."
Section 8. 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 Pierre Howard

Lieutenant Governor

FROM:

Claude L. Vickers, State Auditor Henry M. Huckaby, Director, Office of Planning and Budget

DATE:

March 2, 1993

SUBJECT: Fiscal Note - Senate Bill 250 (Substitute) (LC 15 3657S) Revise Public Service Commission Provisions

This bill revises provisions relating to Public Service Commission personnel. The com position of the Commission's staff is denned in more detail and the offering of employment or compensation to Commission employees/members by regulated entities is prohibited for a specified period of time. The bill also revises certain matters relative to hearings before the Commission and prohibits certain communications in connection with contested cases. Finally, the bill comprehensively revises provisions relating to the Commission's Utility Fi nance Section to provide for its independent operation and funding.

The fiscal impact of this bill cannot be estimated within the time available to prepare this fiscal note. Since a detailed implementation plan is not specified in the bill and does not currently exist, an extensive set of assumptions would need to be developed to approximate an implementation plan. Developing such assumptions would require extensive analysis of the qualifications (and expenditures associated with) the Commission's current staff in order to determine the changes that might be expected to result from this bill.

Is/ Claude L. Vickers State Auditor

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

Senator Oliver of the 42nd offered the following amendment:

Amend the substitute to SB 250 offered by the Senate Committee on Finance and Pub lic Utilities by striking on line 8 of page 5 the following:
"in any capacity", and inserting in lieu thereof the following:
"in any professional, technical, or analytical position relating to regulatory activities". By adding on line 9 of page 5 after the word "Section" the following: "or the counsel from the Department of Law representing the Public Service Commission". By striking on line 10 of page 5 and line 26 of page 5 the following: "two years", and inserting in lieu thereof the following: "one year".

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917

By adding on line 25 of page 5 after the word "Section" and before the word "while" the following:
"employed in any professional, technical, or analytical position relating to regulatory activities".
By striking from line 25 of page 8 the following:
", or the Utility Finance Section".
By adding on line 28 of page 8 after the comma and before the word "any" the following:
"any employee or agent of the Utility Finance Section,".
By striking on line 5 of page 9 the following:
"or Utility Finance Section".
By striking the numeral "24" on line 11 of page 9 and inserting in lieu thereof the numeral "12".
By striking lines 15 and 16 of page 9 and inserting in lieu thereof the following:
"Commissioner or employee or agent of the Public Service Commission, other than the hearing officer in a contested case,".
By adding on line 5 of page 10 after "(d)" and before the word "Public" the following:
"Notwithstanding the restrictions of subsection (a) of this Code section,".
By striking lines 9 and 10 of page 10 and inserting in lieu thereof the following:
"Public Service Commission, other than from the hearing officer in a contested case, or the Utility Finance Section. Any request for staff assistance from the Utility Finance Sec tion shall be made in writing to the executive director of the Utility Finance Section and shall specify to whatever extent practicable the issues or areas for which such assistance is needed.
(e) Public Service Commissioners may not, either directly or indirectly, communicate with the hearing officer in a contested case except for written communications placed on the record. Public Service Commissioners may, at any time,".
By adding on line 8 of page 11 after the word and symbol "concerned." and before the word "The" the following:
"The Utility Finance Section shall further have the duty to represent the broad inter ests of the State of Georgia before the Public Service Commission for matters over which the Public Service Commission has authority and jurisdiction under the laws of this state with respect to municipal electric and gas corporations and electric membership corporations."
By striking line 13 of page 12 in its entirety and inserting in lieu thereof the following:
"chief engineer or chief auditor or must have been a member of the State Bar of Geor gia for at least three years and possess a thorough knowledge of public utility operations and regulation. The executive director shall have general".
By adding at the end of line 22 of page 14 the following:
"It shall further be the duty and responsibility of the Utility Finance Section to investi gate, participate in, or initiate proceedings before the Public Service Commission with re spect to matters involving municipal electric and gas corporations and electric membership corporations to the extent of commission jurisdiction over such entities."
Senator Edge of the 28th moved that SB 250 be committed to the Senate Committee on Finance and Public Utilities.

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Senator Dean of the 31st moved that the previous question be ordered.

Senator Edge of the 28th moved that SB 250 be placed on the Table.

On the motion offered by Senator Edge of the 28th to table SB 250, which motion takes precedence, 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:

Balfour Boshears Bowen Burton Clay

Crotts Day Edge Egan Glanton

Gochenour Isakson Newbill Ralston Tysinger

Those voting in the negative were Senators:

Abernathy Baugh Blitch Broun of 46th Brown of 26th Cheeks Coleman Dawkins Dean Farrow Garner Gillis Harbison

Hemmer Henson Hill Hooks Huggins Kemp Langford of 35th Langford of 29th Madden Marable Middleton Oliver Parrish

Perdue Pollard Ragan of llth Rav Scott Slotin Starr Taylor Thomas Thompson Turner Walker

Those not voting were Senators:

Alien

Ragan of 32nd

Robinson

On the motion offered by Senator Edge of the 28th to table SB 250, the yeas were 15, nays 38; the motion was lost, and SB 250 was not placed on the Table.

On the motion offered by Senator Dean of the 31st, the next motion to take precedence, the yeas were 38, nays 12; the motion prevailed, and the previous question was ordered.

On the adoption of the amendment offered by Senator Oliver of the 42nd to the substi tute to SB 250 offered by Finance and Public Utilities, the yeas were 46, nays 0, and the amendment was adopted.

On the adoption of the substitute, the yeas were 40, nays 3, and the substitute was adopted as amended.

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

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

Those voting in the affirmative were Senators:

Abernathy Baugh

Blitch Broun of 46th

Brown of 26th Cheeks

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919

Coleman Dawkins Dean Egan F<G~iaarrrnoewr Gillis
Harbison Hemmer
Henson
Hill

Hooks Huggins Kemp Langford of 35th LM.aandgfdifeonrd of 29th Marable
Middleton Oliver
Parrish
Perdue

Pollard Ray Scott Slotin 0o_,t. ar.r laylor
Thomas Thompson
Turner
Walker

Those voting in the negative were Senators:

Balfour Boshears Bowen Burton Clay

Crotts Day Edge Glanton Gochenour

Isakson Newbill Ragan of llth Ralston Tysinger

Those not voting were Senators:

Alien

Ragan of 32nd

Robinson

On the passage of the bill, the yeas were 38, nays 15.

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

Senator Oliver of the 42nd moved that SB 250 be immediately transmitted to the House.

On the motion the yeas were 40, nays 7; the motion prevailed, and SB 250 was immedi ately transmitted to the House.

Senator Perdue of the 18th moved that Senator Robinson of the 16th be excused from the Senate today due to illness.

On the motion, the yeas were 36, nays 0; the motion prevailed, and Senator Robinson of the 16th was excused from the Senate today.

The President announced that the Senate would stand in recess from 1:13 o'clock P.M. until 2:15 o'clock P.M.

At 2:15 o'clock P.M., Senator Garner of the 30th, President Pro Tempore, called the Senate to order.

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

SR 200. By Senators Kemp of the 3rd, Boshears of the 6th and Gillis of the 20th:
A resolution authorizing the conveyance of an interest in real property or other right in certain state owned real property to Glynn County in return for the county's financing of construction of certain improvements thereon by the state; to empower the State Forestry Commission, Glynn County, and the State Properties Commission to provide further the terms and conditions of such an undertaking; to provide an effective date.

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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:

Balfour Baugh Boshears Bowen Brown of 26th Burton Cheeks Clay Crotts Dawkins Day Dean Edge

Egan Farrow Gillis Glanton Gochenour Hemmer Hill Kemp Langford of 29th Madden Marable Middleton Newbill

Oliver Perdue Pollard Ragan of llth Ragan of 32nd Ray Robinson Scott Starr Thomas Turner Tysinger Walker

Those not voting were Senators:

Abernathy Alien Blitch Broun of 46th Coleman
Garner (presiding)

Harbison Henson Hooks Huggins Isakson
Langford of 35th

Parrish Ralston <,, .. blotm Taylor
Thompson

On the adoption of the resolution, the yeas were 39, nays 0.

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

HB 94. By Representatives Ray of the 128th, Snow of the 2nd, Carrell of the 87th and Bates of the 179th:
A bill to amend Part 2 of Article 10 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to handicapped parking, so as to change certain penalties for violations of the handicapped parking laws.
Senate Sponsor: Senator Marable of the 52nd.

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

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 Balfour Baugh Boshears Bowen Broun of 46th Brown of 26th Burton Cheeks

Clay Coleman Crotts Day Dean Egan Farrow Gillis Glanton

Gochenour Hemmer Henson Hill Kemp Langford of 29th Madden Marable Middleton

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921

Newbill Oliver PPoerlldaured
Ragan of llth
Ragan of 32nd

Ray Robinson 0Sco.t,t
Slotin
Starr

Taylor Thomas ,,Turner
Tysinger
Walker

Those not voting were Senators:

Abernathy *U*laiwtc,khms Edge Garner (presiding)

Harbison Hooks Huggins Isakson

Langford of 35th Parrish Ralston Thompson

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

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

SB 49. By Senators Walker of the 22nd, Gillis of the 20th, Slotin of the 39th and others:
A bill to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to change the composition and powers of county boards of health; to amend Title 37 of the Official Code of Georgia Annotated, relating to mental health, so as to change certain definitions; to provide for legislative findings and purposes.

The Senate Committee on Health and Human Services offered the following substitute to SB 49:

A BILL
To be entitled an Act to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to change the composition and powers of county boards of health; to change certain definitions relating to hospitals and other institutions; to amend Title 37 of the Official Code of Georgia Annotated, relating to mental health, so as to change certain definitions; to provide for legislative findings and purposes; to change powers and duties of the Department of Human Resources and the Division of Mental Health, Mental Retarda tion, and Substance Abuse; to provide for rules, regulations, and standards and provide for their availability; to clarify certain provisions regarding the use of psychologists and physi cians; to change the manner of adopting rules and regulations of the Board of Human Re sources and the department thereof; to change the provisions regarding hearings and ap peals of actions of that department and injunction proceedings by that department and relating to confidentiality and inspection warrants; to change the organizations and methods through which mental disability services are provided; to change definitions; to provide for mental health, mental retardation, and substance abuse regions and provide boards and planning units for such regions in place of certain advisory councils; to change certain duties of the Governor's Advisory Council for Mental Health, Mental Retardation, and Substance Abuse; to provide for appointment of members to such boards and the terms and qualifica tions and compensation and expenses of such members; to provide for vacancies on and organization, bylaws, and meetings of such boards; to provide for personnel for such boards and funding therefor and for the functions, duties, and powers of those boards; to provide for the distribution of funds; to provide for audits; to provide for community mental health, mental retardation, and substance abuse service boards and the areas thereof, the appoint ment of members of such boards, and the terms and qualifications of those members; to provide for county participation in those boards; to provide for county boards of health to

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serve as community service boards; to provide for community service board personnel, or ganization, bylaws, duties, powers, and responsibilities; to provide for personnel status, ben efits, and compensation; to provide for exemption from taxation; to change the provisions relating to state disability services plans; to provide for coordination of disability services; to provide for open meeting and records; to provide for emergency services; to provide for fees and accounting therefor and use thereof; to provide for venue; to provide for legal assis tance; to delete certain provisions relating to minor child drug screening; to provide for access to records and certain restrictions relating thereto; to provide for statutory construc tion; to change the duties and expiration date of the State Commission on Mental Health, Mental Retardation, and Substance Abuse Service Delivery and to change a specific repealer relating to that commission; to provide for all 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. Chapter 3 of Title 31 of the Official Code of Georgia Annotated, relating to county boards of health, is amended by striking paragraph (4) of subsection (a) of Code Section 31-3-2, relating to composition of the county boards of health, and inserting in its place a new paragraph (4) to read as follows:
"(4) One member to be appointed by the governing authority of the county shall be a consumer, a representative of a consumer, or a person from an advocacy agency or group, which member will represent on the board the county's consumers of mental health, metrtat retardation, and substance abuse health services;".
Section 2. Said chapter is further amended by striking paragraph (6) of subsection (a) of Code Section 31-3-4, relating to powers of county boards of health, and inserting in its place a new paragraph (6) to read as follows:
"(6) Make contracts and establish fees for the provision of mental health and other public health services provided by county boards of health, including but not limited to environmental health services, which fees may be charged to persons or to establishments and premises within the county for inspection of such establishments, premises, structures and appurtenances thereto, or for other county board of health services. All such fees may be used to defray costs of providing such local services and shall supplement but not replace state or federal funding. No person shall be denied services on the basis of his that person's inability to pay. The scope of services, operating details, contracts, and fees approved by the county board of health shall also be approved by the district director of health. No fees for environmental health services may be charged unless the schedule of fees for such services has been approved by the county governing authority;".
Section 3. Said chapter is further amended by adding a new Code Section 31-3-12.1 immediately following Code Section 31-3-12, to read as follows:
"31-3-12.1. In addition to any other power authorized by law, the county governing au thority may authorize the county board of health to enter into a contract with a regional or community mental health, mental retardation, and substance abuse service board created under Chapter 2 of Title 37 to provide certain mental health, mental retardation, and sub stance abuse services based on the contractual agreement between the parties. Further, a county governing authority may authorize a county board of health, wherever applicable, to serve as the community mental health, mental retardation, and substance abuse service board, provided that the county governing authority, the board of health, and any other affected county governing authority acts pursuant to subsection (e) of Code Section 37-2-6. In the event that the county governing authority exercises the authority granted by this Code section, Chapter 2 of Title 37, or Code Section 37-2-6, the county board of health shall appoint a director for mental health, mental retardation, and substance abuse or a supervi sor of the specific service which is being provided by the county board of health, whichever is applicable, who shall meet the requirements established by the regional mental health, mental retardation, and substance abuse service board. The director for mental health, mental retardation, and substance abuse, or the service supervisor, shall not be required to

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be a physician and shall be a person other than the director of the county board of health appointed pursuant to Code Section 31-3-11. Further, such director for mental health, mental retardation, and substance abuse shall report directly to the county board of health and shall have no formal reporting relationship with the director of the county board of health,"
Section 4. Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to regulation of hospitals and related institutions, is amended by striking subparagraph (A) of paragraph (1) of Code Section 31-7-1, relating to definitions, and inserting in its place the following:
"(A) Any community mental health and mental retardation facility, Reserved;".
Section 5. Chapter 1 of Title 37 of the Official Code of Georgia Annotated, relating to general provisions, is amended by striking Code Section 37-1-1, relating to definitions, and inserting in its place a new Code Section 37-1-1 to read as follows:
"37-1-1. As used in this title, the term:
(1) 'Board' means the Board of Human Resources.
(2) 'County board of health' means a county board of health established in accordance with Chapter 3 of Title 31 or the Conatitution of Georgia and includes its duly authorized agents.
(2.1) 'Community service board' means a public community mental health, mental re tardation, and substance abuse service board established pursuant to Code Section 37-2-6, which governs the provision of disability services within a designated area.
(2.2) 'Consumer' means a natural person who has been or is a recipient of disability services as defined in Code Section 37-2-2.
(3) 'Department' means the Department of Human Resources and includes its duly au thorized agents and designees.
(4) 'Peace officer' means any federal, city, or county police officer, any officer of the Georgia State Patrol, or any sheriff or deputy sheriff.
(5) 'Penal offense' means a violation of a law of the United States, this state, or a politi cal subdivision thereof for which the offender may be confined in a state prison or a city or county jail or any other penal institution.
(6) 'Physician' means any person duly authorized to practice medicine in this state under Chapter 34 of Title 43.
(6.1) 'Psychologist' means any person authorized under the laws of this state to practice as a licensed psychologist as set forth in paragraph (2) of Code Section 43-39-1.
(6.2) 'Regional board' means a regional mental health, mental retardation, and sub stance abuse board established in accordance with Code Section 37-2-4.1.
(7) 'Resident' means a person who is a legal resident of the State of Georgia."
Section 6. Said chapter is further amended by adding a new Code Section 37-1-2 to read as follows:
"37-1-2. (a) The General Assembly finds that a comprehensive range of quality services and opportunities is vitally important to the existence and well-being of persons with mental health, mental retardation, and substance abuse problems and their families. The General Assembly further finds that the state has an obligation and a responsibility to de velop and implement planning and service delivery systems which focus on a core set of consumer oriented, community based values and principles, which includes but is not lim ited to the following:
(1) Consumers and families should have choices about services and providers and should have substantive input into the planning and delivery of all services;

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(2) A single point of accountability should exist for fiscal, service, and administrative issues to ensure better coordination of services among all programs and providers and to promote cost-effective, efficient service delivery and administration;
(3) The system should be appropriately comprehensive and adaptive to allow consumers and their families to access the services they desire and need;
(4) Public programs are the foundation of the service planning and delivery system and they should be valued and nurtured; at the same time, while assuring comparable standards of quality, private sector involvement should be increased to allow for expanded consumer choice and improved cost effectiveness;
(5) Decision making should reside at the local level, with the primary authority vested in local government, consumers, families, advocates, and other interested local parties;
(6) The system should ensure that the needs of consumers who are most in need are met at the appropriate service levels; at the same time, prevention strategies should be em phasized for those disabilities which are known to be preventable;
(7) The system should be designed to provide the highest quality of services utilizing flexibility in funding, incentives, and outcome evaluation techniques which reinforce quality, accountability, efficiency, and consumer satisfaction;
(8) The functions of service planning, coordination, contracting, resource allocation, and client assessment should be separated from the actual service delivery programs;
(9) Consumers and families should have a single, community based point of entry into the system; and
(10) Consumers, staff, providers, and governing board members should receive ongoing training and education, and should have access to key management resources such as infor mation systems and technical and professional support services.
(b) Local governments, specifically county governing authorities, have provided out standing leadership and support for mental health, mental retardation, and substance abuse programs, and the General Assembly finds that their investments, both personal and capital, should be valued and utilized in any improved system. As such, the state and any new governing structure should take special precautions to ensure that the county governing au thorities have an expanded level of input into decision making and resource allocation and that any services or programs should continue to use and expand their use of county facili ties and resources wherever appropriate and possible.
(c) The purpose of Chapter 1 and Chapter 2 of this title is to provide for a comprehen sive and improved mental health, mental retardation, and substance abuse service planning and delivery system in this state which will develop and promote the essential public inter ests of the state and the citizens thereof. These provisions should be constructed liberally to achieve their purposes."
Section 7. Said chapter is further amended by striking Code Section 37-1-20, relating to the Division of Mental Health, Mental Retardation, and Substance Abuse, and inserting in its place a new Code Section 37-1-20 to read as follows:
"37-1-20. (a) There shall be a Division of Mental Health, Mental Retardation, and Sub stance Abuse within the Department of Human Resources and a director thereof whose qualifications meet standards set by the board.
(b) The department, through the division, shall:
(1) Establish, administer, and supervise the state programs for mental health, and mental retardation, and substance abuse;
(2) Direct, supervise, and control the medical and physical care, treatment, and rehabil itation provided by the institutions and programs under its control, management, or supervision;

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(3) Have authority to contract for services with: public or private hospitals; hospital authorities; medical schools and training and educational institutions; departments and agencies of this state; regional boards; county or municipal governments; any person, part nership, corporation, or association, whether public or private; the United States govern ment or the government of any other state;
(4) Establish and support programs for the training of professional and technical per sonnel as well as regional boards and community service boards;
(5) Conduct Have authority to conduct research into the causes and treatment of disa bility and into the means of effectively promoting mental health;
(6) Assign specific responsibility to one or more units of the division for the develop ment of a disability prevention program. The objectives of such program shall include, but are not limited to, monitoring of completed and ongoing research related to the prevention of disability, implementation of programs known to be preventive, and testing, where practi cal, of those measures having a substantive potential for the prevention of disability;
(7) Assign specific responsibility to one or more units of the division for the develop ment of programs designed to serve disabled infants, children, and youth. To the extent practicable, such units shall cooperate with the Georgia Department of Education and the University System of Georgia in developing such programs;
(8) Make and administer grants to county boards of health to implement community budget allocations to regional boards to fund the operation of mental health, and mental retardation programs , and substance abuse services in accordance with approved area re gional programs and plans;
(9) Evaluate Coordinate in consultation with providers, professionals, and other experts the development of appropriate outcome measures for client centered service delivery sys tems and, in conjunction with and on behalf of regional boards and other providers, evaluate the efficacy of the state programs , regional, and community service boards through the regular assessment of the impact of the programs upon individuals receiving treatment;
(10) Establish, operate, supervise, and staff programs and facilities for the treatment of disability throughout this state;
(11) Disseminate information about available services and the facilities through which such services may be obtained;
(12) Establish within the division or under the jurisdiction of the regional boards or both a unit which shall receive and consider complaints from individuals receiving services, make recommendations to the director of the division regarding such complaints, and en sure that the rights of individuals receiving services are fully protected; and
(13) Exercise all powers and duties provided for in this title or which may be deemed necessary to effectuate the purposes of this title."
Section 8. Said chapter is further amended by striking Code Section 37-1-22, relating to standards, rules and regulations, and inserting in its place a new Code Section 37-1-22 to read as follows:
"37-1-22. The board shall adopt and promulgate written rules, regulations, and stan dards as may be deemed necessary to effectuate the purposes of this title and which shall be the basis of state financial participation in mental health, mental retardation, and substance abuse programs."
Section 9. Said chapter is further amended by striking Code Section 37-1-23, relating to rules of practice and procedure, and inserting in its place a new Code Section 37-1-23 to read as follows:
"37-1-23. The board and all county boards of health and the department are directed to

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prescribe rules of practice and procedure in order to implement this chapter. The depart ment and all county boards of health , the division, and the regional boards are directed to make such the board's and the department's rules available for distribution."
Section 10. Said chapter is further amended by striking Code Section 37 1-24, relating to use of a psychologist or physician, and inserting in its place a new Code Section 37-1-24 to read as follows:
"37-1-24. No provision in this title shall require the department or any facility or pri vate facility or any community mental health center service board to utilize a physician in lieu of a psychologist or a psychologist in lieu of a physician in performing functions under this title even though this title authorizes either a physician or a psychologist to perform the function."
Section 11. Said chapter is further amended by striking Article 3, relating to promulga tion of rules and regulations, and inserting a new Article 3 to read as follows:
"ARTICLE 3
37-1-40. All rules and regulations of the Board of Human Resources and of any county board of health the department shall be adopted after due notice to and hearing by persons and parties affected thereby, and aueh rules and regulations shall be maintained in a book kept for that purpose, orderly arranged and indexed and subject to inspection by the public during regular business hours, pursuant to Chapter 13 of Title 50, the 'Georgia Administra tive Procedure Act.' The agency adopting aueh rules and regulations shall make copies thereof available for distribution to pcraona interested in or affected thereby. Such agencies arc also authorized to provide for the mimeographing, printing, or other reproduction of their regulations and the distribution thereof. No rule or regulation shall become effective as law until 80 days after its adoption except in eases of emergencies constituting an imminent threat to the public in which event such rulca Of regulations ahall become effective upon adoption, but in nil such cases the agency adopting same shall as a part thereof state the conditions found by it to juatify such immediate effectiveness. Where deemed desirable by the agency, hearing and notice as provided in Code Section 37-1-60 may be conducted by it prior to adoption of any rule or regulation."
Section 12. Said chapter is further amended by striking Article 4, relating to hearings, appeals, and evidence, and inserting in its place a new Article 4 to read as follows:
"ARTICLE 4
37-1-50. (a) No license, permit, or certificate or other similar right shall be revoked or suspended without opportunity for a hearing as provided in thia Code section. A hearing shall also be required with rcapcct to any and all quasi judicial action and in any other proceeding required by this title or the Conatitution of Georgia. Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' Any such hearing or appeal related thereto shall be conducted in accordance with such Act.
(b) Where a hearing ia required or afforded, notice thereof as provided in this Code acction shall be given in person or by registered or certified mail to all interested parties, provided, however, in proceedings in which the number of interested parties is ao numerous P3 to make individual notice impracticable, notice shall be given by publication or by such other means reasonably calculated to afford actual notice as may be prescribed by the agency or person conducting such hearing. All notices shall state; (1) the time and place of hearing and nature thereof, and (2) the matters of fact and law asserted, and muat be given at least five days before the day set for hearing unlcao the agency dcterminca that an immi ncnt threat to the public health exists which requires shorter notice.
(c) All interested parties at such hearings shall have, upon request, compulsory proccaa us provided in Code Section 37-1 62 and shall have the right to adduce evidence and eon duct cross examination of all advcrac witnesses. Any member of the department or of a county board of health, as the ease may be, their authorized officials or agents, or any attor ncy at law may administer oaths to all witncaaca. No witness shall be abused while under

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examination or required to incriminate himaclf. WhcTc poaaiblc, all evidence and proceed ings shall be reported.
{4} (b) The department is authorized and empowered to employ and appoint hearing examiners to conduct hearings, issue compulsory process, administer oaths, and submit their findings and recommendations to the appointing agency; provided, however, that any such examiner shall be a member of the State Bar of Georgia in good standing. A county board of health is authorized and empowered to direct ita director or the director's appointee to con duct hearings, iaauc compulsory proccaa, administer oaths, and submit his findings and rec ommendations to the county board of health. In both of such eaaca, the examiner and dircctor or the director's appointee shall make the report available to all intcrcatcd portico, and such parties arc permitted to file written exception thereto prior to final decision thereon.
37-1-51. (a) (1) Any person who ia a party to a proceeding and who ia aggrieved or adversely affected by any final order or action of a county board of health or agency of the department may have review thereof by appeal to the department. Any PcMon who ia a party to a proceeding and who ia aggrieved or advcraely affected by any final order or action of the department may have review thereof by appeal to the aupcrior court in the county in which the action arose or to the Superior Court of Fulton County.
(2) Appeals to the deportment shall be heard by it at such time, after not leaa than ten daya' notice to all parties, as may be prescribed by ita rules; provided, however, that, if such appeal ia not heard and determined within a period of 00 days, the decision shall stand reversed unless all parties consent to an extension of time. Review on appeal to the depart ment shall be confined to the record transmitted from below and the questions raised in the appeal. Orders, rulca, regulations, or other decisions of county boarda of health or other agencies of the department shall not be act aaidc on appeal to the department unlcaa cori trary to law or rulca and regulations of the department, unsupported by oubatantial cvi donee on the record as a whole, or unreasonable.
(8) Appeal to the superior court shall be by petition which shall be filed in the clerk's office of such court within 30 days after the final order or action of the department; the petition shall set forth the names of the parties taking the appeal, the order, rule, regula tion, or decision appealed from, and the reason it is claimed to be erroneous. The enforce mcnt of the order or action appealed from ahall not be stayed until and unleaa ao ordered and directed by the reviewing court. Upon the filing of such petition, the petitioner ahall acrvc on the commissioner a copy thereof in a manner prescribed by law for the acrvice of process unlcaa such service of process is waived. The judge ahall hear the proceeding dc novo and thereupon determine all matters of law and fact with or without a jury, in the discretion of the appealing party, and render his dcciaion approving, actting aaidc, or modifying the order of action appealed from.
(b) Upon perfection of the appeal aa provided in subsection (a) of this Code section it shall be the duty of the agency whoae order, rule, regulation, or dcciaion ia under review by the department to cause a transcript of all pleadings, ordcra, evidence, and other proceed 1 inga including a copy of the appeal and motion for reconsideration, if any, filed with it to be tronamittcd to the deportment or the superior court in not more than 30 days. For the proceedings not reported, the agency or the department shall cauac to be written out a Btgfatre-tranacript of all evidence and proceedings before it under certificate of ita director or examiner or other official conducting such hearings. Reserved.
37-1-52. (a) The testimony of any witnesses or the production of any books, papcra, records, documents, physical objects, or other evidence for inspection may be compelled by any superior court of competent jurisdiction on application of the department or any county board of health seeking such proccaa.
(b) Thia Code aection ahall apply to all proceedings under thia title. Reserved.
37-1-53. (a) Any order, rule, regulation, or any other document, record, or entry con taincd in the official record or minutes of the department or of any county board of health shall be admissible in evidence in any proceeding before any court or other tribunal in thia

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atatc where otherwise admiaaiblc and not privileged or confidential under this Code section when certified as true and correct by and duly authorized by the director at the county level and the examiner at the state level. It shall be the duty of the director or examiner who shall be custodian of such records to furnish and certify copies of the record or other evi dence upon payment of reasonable coata therefor. Nothing in this Code section shall be construed as applying to Code Section 12-6-176.
(b) The Notwithstanding any other provision of law to the contrary, the department and county boards of health-are is authorized by regulation to classify as confidential and privileged documents, reports, and" other information and data obtained by them from per sons, firms, corporations, municipalities, counties, and other public authorities and political subdivisions where such matters relate to secret processes, formulas, and methods or where such matters were obtained or furnished on a confidential basis. All matters so classified shall not be subject to public inspection or discovery and shall not be subject to production or disclosure in any court of law or elsewhere until and unless the judge of the court of competent jurisdiction, after in camera inspection, determines that the public interest re quires such production and disclosure or that such production and disclosure may be neces sary in the interest of justice. This subsection shall not apply to clinical records maintained pursuant to Code Sections 37-3-166, 37-3-167, 37-4-125, 37-4-126, 37-7-166, and 37-7-167."
Section 13. Said chapter is further amended by striking paragraph (2) of Code Section 37-1-70, relating to definitions regarding inspection warrants, and inserting in its place a new paragraph to read as follows:
"(2) 'Public Mental health law' means Code Sections 37-3-7, 37-3-8, and 37-4-4, Chap ter 6 of this title, and any rule or regulation duly promulgated thereunder."
Section 14. Said chapter is further amended by striking Code Section 37-1-71, relating to persons who may obtain inspection warrants, and inserting in its place a new Code Sec tion 37-1-71 to read as follows:
"37-1-71. The commissioner or bis the commissioner's delegate or the director of any county board of health, in addition to other procedures now or hereafter provided, may obtain an inspection warrant under the conditions specified in this chapter. Such warrant shall authorize the commissioner or director of any county board of health or their agcnta or the commissioner's delegate to conduct a search or inspection of property either with or without the consent of the person whose property is to be searched or inspected if such search or inspection is one that is elsewhere authorized under the rules and regulations duly promulgated under this title."
Section 15. Said chapter is further amended by striking Part 2 of Article 5, relating to injunctions, and inserting in its place a new Part 2 to read as follows:
"Part 2
37-1-90. The Department of Human Resources and all county boards of health arc is empowered to institute appropriate proceedings for injunction in the courts of competent jurisdiction in this state for the purpose of enjoining a violation of any provision of this title as now existing or as may be hereafter amended or of any regulation or order duly issued by the board or department or any county board of health. The department and the county boards of health arc is also empowered to maintain action for injunction to abate any public nuisance which is injurious to the public health, safety, or comfort. Such actions may be maintained notwithstanding the fact that such violation also constitutes a crime and not withstanding that other adequate remedies at law exist. Such actions may be instituted in the name of the department or any county board of health, aa the eaac may be, in the county in which a violation of any provision of this title occurs. For purposes of this Code section, the county boards of health arc declared to be legal entities capable of maintaining suit in their respective names without naming the individuals constituting auch county board of health or acting on behalf of the department, as the case may be."
Section 16. Chapter 2 of Title 37 of the Official Code of Georgia Annotated, relating to administration of mental health, mental retardation, substance abuse, and other disability

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services, is amended by striking Article 1, relating to general provisions, in its entirety and inserting a new Article 1 to read as follows:
"ARTICLE 1
37-2-1. (a) The State of Georgia recognizes its responsibility for its citizens who are mentally ill or mentally retarded or who suffer from certain developmental disabilities in cluding epilepsy, cerebral palsy, autism, and other neurologically handicapping conditions or who abuse alcohol, narcotics, or other drugs and recognizes an obligation to such citizens to meet their needs through a coordinated system of community facilities, programs, and services.
(b) It is the policy of this state to provide adequate mental health, mental retardation, substance abuse, and other disability services to all its citizens through the department and the county boards of health. It is further the policy of this state to provide such services through a unified system which encourages cooperation and sharing of resources among all providers of such services, both governmental and private.
(c) It is the purpose of this chapter to enable and encourage the Deportment of Human Resources and the county boards of hccdth to develop the development of comprehensive, preventive, early detection, rehabilitative, and treatment disability services; to improve and expand community service boards for the disabled; to provide continuity of care through integration of county, area, regional, and state services and facilities for the disabled; to provide for joint disability services and the sharing of manpower and other resources; and to monitor and restructure the system of providing disability services in the State of Georgia to make better use of the combined public and private resources of the state and local communities.
(d) The provisions of this chapter shall be liberally construed to achieve the foregoing objectives set forth in this Code section.
37-2-2. As used in this chapter, the term:
(1) 'Area' means a Community Mental Health, Mental Retardation, and Substance Abuse Service Area.
(2) 'Commissioner' means the commissioner of human resources.
(2.1) 'Community service board' means a public community mental health, mental re tardation, and substance abuse service board established pursuant to Code "Section 37-2-6, which governs the provision of public disability services within a designated area.
(2.2) 'Consumer' means a natural person who has been or is a recipient of disability services as defined in this Code section.
(3) 'Director' means the director of the division.
(4) 'Disability' means:
(A) Mental or emotional illness;
(B) Mental retardation;
(C) Other neurologically handicapping conditions which require treatment similar to that for the mentally retarded including epilepsy, cerebral palsy, and autism; or
(D) The abuse of, addiction to, or dependence upon alcohol, narcotics, or other drugs.
(4.1) 'Disability services' means services to the disabled or services which are designed to prevent or ameliorate the effect of a disability.
(5) 'Disabled' means any person or persons who have a disability.
(6) 'Division' means the Division of Mental Health, Mental Retardation, and Substance Abuse of the Department of Human Resources.
(7) 'Hospital' means a state owned or state operated facility providing services which

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include but are not limited to inpatient care and the diagnosis, care, treatment, or habilitation of the disabled.
(8) 'Regional board' means a regional mental health, mental retardation, and substance abuse board established in accordance with Code Section 37-2-4.1.
(8.1) 'Regional planning unit' or 'unit' means a regional mental health, mental retarda tion, and substance abuse planning unit created under Code Section 37-2-4.1.
{8} (9) 'Substance abuse' means the abuse of, addiction to, or dependence upon alcohol, narcotics7~or other drugs.
37-2-2.1. There shall be created within the Department of Human Resources a Division of Mental Health, Mental Retardation, and Substance Abuse.
37-2-3. (a) Based on recommendations of the State Commission on Mental Health, Mental Retardation, and Substance Abuse Service Delivery submitted to the Board of Human Resources pursuant to Code Section 37-2-34, the board shall designate boundaries for mental health, mental retardation, and substance abuse regions, which shall serve as the initial boundaries for establishment of the regional boards and units as prescribed in Code Section 37-2-4.1.
(b) The division, with input from the regional boards and with the approval of the commissioner, shall designate Community Mental Health, Mental Retardation, and Sub stance Abuse Service Areas, which, effective July 1, 1994, shall serve as boundaries for the establishment and operation of community service boards within this state for the purpose of organizing the planning for and delivery of delivering disability services. For the period through June 30, 1995, and thereafter as the division deems appropriate, the boundaries for the areas and the operation of community service boards shall be the same boundaries as the Community Mental Health, Mental Retardation, and Substance Abuse Services Areas which were in effect as of July 1, 1993.
(c) To the extent practicable, the Community Mental Health, Mental Retardation, and Substance Abuac Service Areas boundaries for regional boards and units and community service boards shall not subdivide any county unit or conflict with any districts established by the department and the state relating to the planning for or delivery of health services. In dividing the state into areas, the board, the department, and the division shall take into consideration such factors as geographic boundaries, roads and other means of transporta tion, population concentrations, city and county lines, other relevant community services, and community economic and social relationships. Consideration shall also be given to the existence of facilities and personnel available in the areas for the delivery of disability services.
37-2-4. (a) The Governor shall appoint, fund, and provide staff assistance to a Gover nor's Advisory Council for Mental Health, Mental Retardation, and Substance Abuse, re ferred to in this chapter as the 'Governor's council.' The Governor's council shall consist of no more than 30 and no less than 15 members, who shall be representative of professional and lay individuals, organizations, and state agencies associated or involved with services for the disabled. Such members shall be fairly representative of all disability groups. The term of each member of the Governor's council shall be for three years, provided that of the members first appointed, ten shall be appointed for a term of one year, five for a term of two years, and the remainder, if any, for a term of three years. Vacancies shall be filled by similar appointment for unexpired terms. The director shall be an ex officio, nonvoting member.
(b) The Governor's council shall advise the Governor, the board, the department, and the division as to the efficacy of the state disability services programs, the need for legisla tion relating to the disabled, the need for expansion or reduction of specific disability ser vices programs, and the need for specific changes in the state disability services programs. The Governor's council shall review and prepare written comments on proposed state plans and on standards, rules, and regulations, promulgated by the division. Such comments shall be submitted to the director, the board, the commissioner of the department, and to any

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other individual or agency deemed appropriate. The Governor's council shall further receive and consider complaints and grievances submitted in writing by individuals, associations, or agencies involved with the delivery or receipt of disability services and, if deemed appropri ate, shall make recommendations to the Governor, the board, the department, or the divi sion with respect to such complaints or grievances. The Governor's council shall also gwde and aaaist the area councils and hospital councils provide guidance and assistance to the regional boards, hospitals, community service boards", and other private or public providers in the performance of their duties.
(c) There ohall be created in each of the areas established under Code Section 87 2 3 an Area Mental Health, Mental Retardation, and Substance Abuac Adviaory Council, referred to in this chapter aa the 'area council,' which ahall consist of no more than 80 and no leas than 16 members and whose membership shall be composed of individuals who reside in the area and who aa a group rcprcacnt the residents of the area, taking into consideration their employment, age, sex, place of residence, and other demographic characteristics of the area and whose membership shall further be fairly representative of all disability groups. The area council ahall be appointed by the director subject to the approval of the Governor'8 council, which approval shall be evidenced by written certification by the Governor's court' cil. Appointments ahall be made from individuals nominated by the diatrict health director or the dcaigncc of the director of the division, which nominee ahnll reflect thoac criteria act out in this subsection.
(d) The term of each member of the area council ahall be for three years, provided that of the members firat appointed, ten shall be appointed for a term of one year, five for a term of two years, and the remainder, if any, for a term of three years. Vacancies shall be filled by similar appointmcnta for uncxpircd terms.
(c) The area council ahall have the following powers and duties.
(1) To review and comment on the area plans required under Code Section 87 2-6, giv ing particular emphasis to assuring that all types of disability, aa defined in paragraph (4) of Code Section 37-2 2, arc adequately addressed and that the plan realistically considers fi nancial support relative to the current program as well aa long term development;
(2) To submit to the Governor's council a written evaluation of the area plan within three months after receipt thereof;
(3) To hold meetings at least quarterly, which meetings shall be publicized in advance to encourage the attendance of area rcsidcnta. Such meetings ahall be conducted in aceor dance with rules and procedures adopted by the area council to the extent that the director haa not promulgated rules in conflict therewith;
(4) To submit annual reports to the county boards of health, the division, the Cover nor's council, and such other agencies or individuals deemed appropriate, which reports shall evaluate the effectiveness of disability services in the area;
(6) To act as the representative of the citizens of the area in regard to disability
(6) To receive and consider complaints and grievances submitted in writing by individu als, associations, or agencies involved with the delivery or receipt of disability services and, if deemed appropriate, to make recommendations to the county boards of health in the area and, if unable to rcaolve such complaints and grievances, to submit them to the Governor's council for review and recommendation;
(7) To assure the highest achievable level of public awarcncaa of available disability services; and
(8) To viait regularly disability services faeilitica which serve the area in order to evalu ate the effectiveness of the facilities in delivering services.
(f) To the extent practicable, the area council shall be the sole advisory council for

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community baaed disability acrvicca in the area, the hospital council the sole advisory coun oil for hospital based disability services in that area, and the Governor's council the sole auch state wide council.
(g) Funding and otaff support for each area council shall be provided from the division's disability services program for that area.
37-2 4.1 (a) There shall be created within each hospital a Hospital Mental Health, Mental Retardation, and Substance Abuac Advisory Council, referred to in this chapter aa n 'hospital council,' which ahall consist of not leso than ten nor more than 20 members. The membership of each hospital council shall be composed of individuals residing within the hoapital'a area of operation and who aa a group represent the residents of that area, taking into consideration their employment, age, sex, place of residence, and other demographic characteristics of the area and whooc membership shall further be fairly representative of all disability groups. The hoapital council shall be appointed by the director subject to the approval of the Governor's council, which approval shall be evidenced by written certifica tion by the Govcrnor'a council. Appointments to a hospital council shall be made from indi viduals nominated by the superintendent of that hospital, or the dcaignec of that aupcrintendcnt, which nominee shall reflect those criteria act out in this subsection.
(b) The term of each member of a hospital council shall be for three years, except that of the members first appointed, five shall be appointed for a term of one year, five for a term of two years, and the remainder, if any, for a term of three years.
(c) A hospital council ahall have the following powers and duties:
(1) To review and comment on those aspceto of the state plan relating to hospital diaa bility services, aa proposed under Code Section 87-2-7, giving particular emphasis to assur ing that all types of disability arc adequately addressed and that the plan realistically con aiders financial aupport relative to the current program aa well as long term development!
(2) To submit to the Govcrnor'a council a written evaluation of the state plan reviewed and commented on under paragraph (1) of this subsection within three months after receipt
(3) To hold meetings at least quarterly, which meetings shall be publicized in advance to encourage the attendance of residents of the area served by the hospital. Such meetings ahall be conducted in accordance with rules and procedures adopted by the hospital council to the extent that the director has not promulgated rules in conflict therewith;
(4) To submit annual reports to the county boards of health in that hospital's service flrca, the division, the Governor's council, and other agencies or individuals deemed appro priate, which reports shall evaluate the effectiveness of hospital disability services;
(6) To act aa the representative of the citizens of the area served by the hospital in regard to hospital disability services;
(6) To receive and consider complaints and grievances submitted in writing by individu ala, associations, of agencies involved with the delivery or receipt of disability services in that hospital and, if unable to resolve auch complaints and grievances, to submit them to the Governor's council for review and recommendation;
(7) To assure the highest achievable level of public awarcncas of available hospital disa bility services; and
(8) To assure effective cooperation and coordination between the hoapital and commu nity disability acrvicca.
(d) Funding and staff aupport for each hospital council ahall be provided from that hospital's disability services program.
37-2-4.1. (a) There are created within the division regional mental health, mental retar dation, and substance abuse planning units. The number of those units and the regions within which they shall operate shall be established from time to time as necessary by the

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board. In accordance with Code Section 37-2-3, the board shall initially establish the bound aries of each region based on the recommendations of the State Commission on Mental Health, Mental Retardation, and Substance Abuse Service Delivery pursuant to Code Sec tion 37-2-34; provided, however, that any county with a population of 400,000 or more as of the United States decennial census of 1990 or any future such census may not be combined with any other county for the purpose of creating such a region without the approval of the county governing authority.
(b) There is created a separate regional mental health, mental retardation, and sub stance abuse board as the governing body for each regional planning unit established under subsection (a) of this Code section. Each such board shall provide and, facilitate coordinated and comprehensive planning and service delivery for its region in conformity with minimum standards and procedures established by the division. Each such board shall be designated with such identifying words before the term 'regional mental health, mental retardation, and substance abuse board' as that regional board may, from time to time, choose and designate by official actiorT
37-2-5. (a) The county boards of health in an area shall prepare a joint biennial plan for the provision of disability services in the area. The plan shall be submitted to the division and to the area council as created by subacction (c) of Code Section 37-2 4, at a time and in the manner specified by the division. The division shall notify the county boards of health at least six months in advance of the date such biennial plans arc to be submitted and ahall assist the county boards of health in preparation of the plana.
(b) Such plans shall include, by way of illustration without limitation, the following!
(1) An estimate categorized by age group of the number of citizens rcaiding in the area who require disability services as defined in Code Section 87-2-7;
f2) A description of all physical facilities, both governmental and private, which arc available or which should be developed to provide adequate disability services in the area;
(8) An analysis of present physical facilities, both governmental and private, in the area which might be converted to disability services facilities;
(4) An analysis of the availability within the area of professional and other staff person ncl trained in providing disability services;
(4.1) A roster of existing professional and other staff pcraonncl currently providing disa bility services in the area;
(6) A proposed staff roster of professional, technical, and other employees who should be hired to provide necessary disability services;
(6) A description in order of priority of all proposed programs and disability services to be provided in the area by the county boards of health or by the division, which description shall specifically address, by way of illustration without limitation, those acrvicca set forth in subsection (b) of Code Section 37 2 7;
(7) An analysis of the opportunities for coordination of disability services with other agencies and organizations as provided in Code Section 87-2-0;
(8) A statement of the means by which the area council created in Code Section 87-2 4 will be provided with staff assistance and by which ita operating expenses will be defrayed;
flllQ
(0) A detailed financial plan showing the costs of providing necessary disability services and all sources of revenue.
(c) In the event that the division modifies the provisions of an area plan submitted in accordance with this Code section, the division, upon request of the county boards of health in the area, the Governor's council, or the area council, shall explain the considerations resulting in the modification.

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(a) Each regional board shall establish policy and direction for disability services planning7"delivery, and evaluation, including outcome evaluation, within the region, and shall perform such other functions as may be provided or authorized by lawT
(b) Membership on the regional board within an established region shall be determined as follows:
(1) Each county with a population of 50,000 or less as of the United States decennial census of 1990 shall appoint one member to the board;
(2) Each county with a population of more than 50,000 as of the United States decen nial census of 1990 shall appoint one member for each population increment of 50,000 or any portion thereof;
(3) The appointment or appointments for each county shall be made by the county governing authority; ariH
(4) The county governing authority shall appoint a consumer of disability services, a family member of a consumer, an advocate for disability services, or a local leader or businessperson with an interest in mental health, mental retardation, and substance abuse; pro vided, however, that for counties with more than one appointment, the county governing authority shall seek to ensure that such appointments represent various groups and disabil ity services.
(b.l) A county governing authority may appoint the school superintendent, a member of trie board of health, a member of the board of education, or any other elected or ap pointed official to serve on the regional board provided that such person meets the qualifica tions of paragraph (4) of subsection (b) of this Code section, such person does not serve on the community service board, and such appointment does not violate the provisions of Chapter 10 of Title 45T
(c) In making appointments to the regional board, the various county governing author ities "shall ensure that appointments are reflective of the cultural and social characteristics, including gender, race, ethnic, and age characteristics, of the regional and county popula tions. The county governing authorities are further encouraged to ensure that each disabil ity group is viably represented on the regional board, and in so doing the county governing authority may consider suggestions for appointments from clinical professional associations as well as advocacy groups, including but not limited to the Georgia Mental Health Con sumer Network, the Georgia Parent Support Network, the Georgia Alliance for the Mentally 111, the American Association for Retired Persons, Georgians for Children, the Association for Retarded Citizens, the Mental Health Association of Georgia, the Georgia Network for People with Mental Retardation/Developmental Disabilities, the Georgia Association for the Prevention and Treatment of Substance Abuse, and their local chapters and affiliates!
(d) Initial appointments to the regional board shall be made by August 1, 1993. Initial terms~of the regional board shall be established in bylaws adopted pursuant to paragraph (e) of this Code section. Thereafter, the term of a member of the board shall be for a period of three years and until the member's successor is appointed and qualified. A member may serve no more than two consecutive terms. The term of a regional board member shall ter minate upon resignation, death, or inability to serve due to medical infirmity or other inca pacity, or such other reasonable condition as the regional board may impose under their bylaws. Vacancies on the board shall be filled in the same manner as the original appointment.
(e) Prior to December 31, 1993, each regional board shall adopt bylaws governing its operation and management. At a minimum, the bylaws shall provide for staggered initial terms of the initial board, requirements for an annual meeting to elect officers, a mechanism for ensuring that consumers of disability services and family members of consumers consti tute a simple majority of the appointments to the board, and a mechanism for ensuring that each disability service is equitably represented by appointments to the board. Any board member who serves an initial term of less than three years may be eligible to be reappointed for two full consecutive three-year terms. The chair and vice chair of the regional board

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shall be elected from among the members of the board, to serve a term of one year with the option of reelection for an additional one-year term. The bylaws shall provide for any other officers and their means of selection, as well as any necessary committees or subcommittees of the board. The bylaws may also provide for the appointment by the regional board of an advisory committee or advisory committees to work with the regional board in addressing various issues. Prior to their adoption by the regional board, the bylaws shall be submitted to the division for review and approval. The regional board must have the written approval of the director of the division prior to the adoption of bylaws.
(f) The regional board shall meet not less than once every two months, beginning on July 1 and continuing through the next June 30, which time frame shall be the fiscal year for each regional boardT
(g) Each member of the regional board may, upon regional board approval, receive reimbuTsement for actual expenses and the same mileage allowance for use of a personal car as that received by all other state officials and employees or a travel allowance of actual transportation cost if traveling by public carrierT
37-2-5.1. (a) Each regional board shall be served by an executive director, who shall be duly~qualified and appointed by the director of the division, with the approval of the re gional board. The executive director shall serve as the director of the regional mental health, mental retardation, and substance abuse planning unit, which shall be a unit of the division and shall be governed by the regional board. The executive director shall serve at the pleas ure of the division director. An executive director may be appointed to serve the regional board only with such board's approval. At any time during the tenure of the executive direc tor, the regional board may for good cause vote to request the removal of the executive director. Should such a vote for removal be taken and be approved by a majority of the full board membership, the board shall submit its request to the director of the division who shall in turn comply with the request of the board. The director of the division shall be authorized to appoint for a period not to exceed 12 months an interim executive director at any time that the position of executive director is vacant and prior to the appointment of a duly qualified and approved successor.
(b) The executive director of the regional board may appoint such other staff and per sonnel to work for the unit as that executive director and board deem necessary and appro priate. The executive director and such staff and personnel shall be employees of the divi sion. Expenses for the regional board, the employment of the executive director, other staff and personnel, and the operation of the unit office shall be charged against the funding allocated to the regional board for planning and service delivery within the established re gion. The department and the division may impose limits on the administrative and operat ing expenditures of the regional board and the unit
(c) (1) State, federal, and other funds appropriated to the department, the division, or bothT and available for the purpose of funding the planning and delivery of disability ser vices shall be distributed in accordance with this subsection. After July 1, 1995, all funds associated with services to clients residing within a given region shall be allocated through the appropriate regional board; 'all funds' shall include funding for hospitals, community service boards, private and public contracts, and any contracts relating to service delivery for clients within the given region. The division shall establish a minimum funding amount for regional boards conditioned upon the amount of funds appropriated and a supplemental funding formula to be used for the distribution of available state funds in excess of the minimum funding amount. The minimum funding amount shall be determined, in part, based on consumer service needs, service and program history, population based funding needs, infrastructure mandates, program efficiency and effectiveness, geographic distances^ and other factors affecting the cost and level of service needs within each region.
(2) The division shall establish guidelines to ensure that funding is allocated to commu nity service boards and local services based on client population, past and future service delivery needs and capabilities, and in consideration of special needs populations, such as homeless and transient populations. The division shall ensure that funds are allocated based

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primarily on services to clients and in compliance with all federal, state, and regulatory requirements.
(3) The division, in compliance with the provisions of the appropriations Act and other applicable laws, is authorized to move funds to and between community and institutional programs based on need, and the division shall ensure that the regional boards develop appropriate allocation and accounting mechanisms to move funds in a planned and rational manner between hospitals, community service boards, and other providers based on client needs and utilization.
37-2-5.2. (a) Each regional board shall have the following duties and functions:
(1) To prepare, in consultation with consumers and families, community programs, hos pitals, other public and private providers, and appropriate advisory and advocacy groups, an annual plan and mechanism for the funding and provision of all disability services in the region. The plan shall be submitted to the division at a time and in the manner specified by the division so as to ensure that the plan is a basis for the annual appropriations request. The division shall provide technical and professional expertise to the regional board upon request. Such plan may include, by way of illustration without limitation, the following:
(A) An estimate categorized by age group of the number of citizens residing in the region who require disability services and an estimate of the range of services needed for these citizens;
(B) A description of all facilities and programs, both public and private, which are available or which should be developed to provide adequate disability services in the area;
(C) An analysis of the regional availability of professional and other staff personnel trained in providing disability services and, if necessary, a proposal for recruitment and retention;
(D) A list of all public and private providers currently providing or available to provide disability services in the region!
(E) A description in order of priority of all proposed programs and disability services to be provided in the region, and the funds associated with the provision of these services, which description shall specifically address the interrelationship of programs and services and the mechanisms for ensuring effective client transition between and among such pro grams and services;
(F) A comprehensive plan for regular meetings, consultations, and coordinated planning efforti with and among all service providers, such as community programs, hospitals, and private contractors, and professionals in the region, which plan shall at a minimum address appropriate methods for sharing resources and expertise among service providers and pro fessionals, mechanisms for resolving conflicts and resource allocation problems, and a pro cess for ensuring ongoing dialogue among all providers regarding the most effective ways of meeting individual and community client needs;
(G) An analysis of the opportunities for coordination of disability services with other regional boards, agencies, and organizations as required in Code Section 37-2-9, which anal ysis shall include an overview of those specialized services and programs offered in other regions which may provide the most cost-effective means of meeting specific client needs and therefore would be utilized by a regional board which did not have such specialized services or programs;
(H) A statement of the anticipated administrative and operating budget for the regional board, the executive director, and the staff of the unit;
(I) A detailed financial plan showing the costs of providing necessary disability services and all sources of revenue; and
(J) A consumer satisfaction survey conducted during the previous year in a manner consistent with policies established by the division;

WEDNESDAY, MARCH 3, 1993

937

(2) To provide, as funds become available, for client assessment and service authoriza

tion lind coordination for each client receiving services within the region or funded by the

regional board;

~~

(3) To exercise responsibility and authority within the region in all matters relating to the funding and delivery of disability services; provided, however, that with the exception of services authorized under paragraph (2) of this subsection the regional board may not en gage in the direct delivery of goods or services to individual consumers and is prohibited from providing on its own, without the use of an agent or agents, any direct disability ser vices to consumers;

(4) To receive and administer grants, gifts, moneys, and donations for purposes pertain ing tcTthe mental health, mental retardation, substance abuae, and other disability services;

(5) To make contracts with any hospital, community service board, or other public or private providers without regard to regional or state boundaries for the provision of disabil ity services, and to make and enter into all contracts necessary or incidental to the perform ance of duties and functions of the regional board and the unit;

(6) To encourage the development, in cooperation with the division, of private and pub lic providers of programs and disability services which respond to the needs of consumers and families of consumers within the region;

(7) To submit annual reports to the division, the Governor's council, and such other agencies or individuals deemed appropriate, which reports shall evaluate the efficiency and effectiveness of disability services in the region;

(8) To serve as the representative of the citizens of the area in regard to disability services;

(9) To receive and consider complaints and grievances submitted in writing by individu als, associations, or agencies involved with the delivery or receipt of disability services and, if deemed appropriate, to seek resolution of such complaints and grievances with the appro priate hospital, community service board, or other private or public provider of service;

(10) To assure the highest achievable level of public awareness and understanding of both available and needed disability services; and

(11) To visit regularly disability services facilities and programs which serve the region in prefer to evaluate the effectiveness and appropriateness of the facilities and programs in delivering services.

(b) In addition to its duties and functions, each regional board shall also have the fol lowing power and authority:

(1) To utilize the services of the Department of Administrative Services, the State MeriF System for Personnel Administration, the state auditor, or any other agency of state, local, or federal government;

(2) To participate with other regional boards, the division, the department, local, state, or feHeral government agencies, educational institutions, and public and private organiza tions in the coordination of planning, research, service development, and evaluation activities;

(3) To work cooperatively with all units of county and local government, including the county boards of health, within the region;

(4) To establish goals and objectives, not inconsistent with those established by the division and the development, for its region; and

(5) To participate in the establishment and operation of a data base and network, coor dinated by the division, to serve as a comprehensive management information system for disability services and programs.

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(c) It is the express intent of this chapter to confer upon the regional board the flexibil ity and authority necessary to contract with a wide range of public and private providers to ensure that clients are afforded cost-effective, locally based, and quality disability services. Regional boards are specifically authorized to contract directly with any county governing authority, or any disability services organization created or designated by such county gov erning authority, any county board of health, any private or public provider, or any hospital for the provision of disability services. Such contracts may be made directly between the regional board and the contractor and shall not be required to go through the community service board.
(d) The regional board may delegate any power, authority, duty, or function to its exec utive director or other staff. The executive director or other staff is authorized to exercise any such power, authority, duty, or function on behalf of the regional board.----------
(e) Each regional board shall keep books of account reflecting all funds received, ex pended, and administered by the regional board which shall be independently audited, by an"auditor approved by the Division, at least once in each fiscal year. The auditor's report sHall be presented to the regional board, the division, and any other interested parties. The books of account shall be kept in a standard, uniform format to be determined by the state auditor and the department. Each regional board shall update its books of account on "at least a quarterly basis and shall present the quarterly update to the division and any other interested parties. The division shall conduct a performance audit of each regional board at least once every three years.
37-2-6. Institutions under the jurisdiction and control of the division ahall participate in the planning processes undertaken by the county boards of health located in the service regions of the various institutions. Such institutions shall develop and execute written agreements with the county boards of health for the provision of disability acrvicca in the Community Mental Health, Mental Retardation, and Substance Abuse Service Areas. Such agreements shall include reducing unnecessary hospitaligation in state institutions and shall establish administration and evaluation criteria and methoda for achieving auch reductions.
(a) There shall be created community mental health, mental retardation, and substance abuse service boards, in conformity with the areas established pursuant to the subsection (b) of Code Section 37-2-3, which shall govern publicly funded programs for the purpose of providing disability services on the local level. The programs shall be governed by the com~ munity service boards, which shall be established as public agencies.
(b) Each community service board shall consist of members appointed by the county governing authorities of the counties within the boundaries of the community service boardT Membership on such community service board shall be determined as follows:
(1) Each county with a population of 50,000 or less as of the United States decennial census of 1990 shall appoint one member to the boardl
(2) Each county with a population of more than 50,000 as of the United States decen nial census of 1990 shall appoint one member for each population increment of 50,000 or any portion thereof;
(3) The appointment or appointments for each county shall be made by the county governing authority;
(4) The county governing authority shall appoint a consumer of disability services, a family member of a consumer, an advocate for disability services, or a local leader or businessperson with an interest in mental health, mental retardation, and substance abuse; pro vided, however, that for counties with more than one appointment, the county governing authority shall seek to ensure that such appointments represent various groups and disabil ity services;
(5) The chief executive or a designee of the chief executive of each county governing authority or municipal governing authority which contributes funding or resources which equal or exceed one-half of 1 percent of the budget allocation from the regional board for

WEDNESDAY, MARCH 3, 1993

939

disability services within the area governed by the community service board shall serve as an ex officio, voting member of the community service board; and
(6) A member of the regional board may not also serve as a member of the community service board.
(c) In making appointments to the community service board, the various county gov erning authorities shall ensure that appointments are reflective of the cultural and social characteristics, including gender, race, ethnic, and age characteristics, of the regional and county populations. The county governing authorities are further encouraged to ensure that each disability group is viably represented on the community service board, and in so doing the county governing authority may consider suggestions for appointments from clinical professional associations as well as advocacy groups, including but not limited to the Geor gia Mental Health Consumer Network, the Georgia Parent Support Network, the Georgia Alliance for the Mentally 111, the Association for Retarded Citizens, the Mental Health Asso ciation of Georgia, the American Association of Retired Persons, Georgians for Children, the Georgia Network for People with Mental Retardation/Developmental Disabilities, the Geor gia Association for the Prevention and Treatment of Substance Abuse, and their local chap ters and affiliates?
(d) Each county within the boundaries established for the community service board shall be required to participate with the board and the operation of the program through the community service board. Each community mental health, mental retardation, and sub stance abuse service area in existence on June 30, 1994, shall automatically be succeeded by the community service board for the same region as of July 1, 1994, and each such commu nity service board shall be governed, from and after July 1, 1994, by this chapter. All con tractual obligations, including but not limited to real estate leases, rentals, and other property agreements, other duties, rights, and benefits of such service area, or the county board of health involved in administering programs in such area, shall automatically become du ties, obligations, rights, and benefits of its respective successor community service board.
(e) Notwithstanding any other provision of this chapter, a community service board may be constituted in a method other than that outlined in subsection (b) of this Code section IFT
(1) A board of health of a county desiring to be the lead county board of health for that county submits a written agreement to the division before July 1, 1993, to serve as the community service board and to continue providing disability services in that county after July 1, 1994, and the governing authority for that county adopts a resolution stating its desire to continue the provision of disability services through its board of health after July 1, 1994, and submits a copy of such resolution to the division before July 1, 1993; of
(2) (A) The lead county board of health for a community mental health, mental retar dation, and substance abuse service area, as designated by the division on July 15, 1993, but which area excludes any county which meets the requirements of paragraph (1) of this sub section, submits a written agreement to the division and to all counties within such service area to serve as the community service board for that area and to continue providing disa bility services after July 1, 1994, which agreement shall be submitted between July 31, 1993, and December 31, 1993; and
(B) Each county governing authority which is within the service area of a lead county board of health which has submitted an agreement pursuant to subparagraph (A) of this paragraph adopts a resolution stating its desire to continue the provision of disability ser^ vices through such lead county board of health after July 1, 1994, and submits a copy of that resolution to the division, the regional board, and the lead county board of health be tween July 31, 1993, and December 31, 1993; and
(3) The lead county board of health qualifying as such under paragraph (1) or (2) of this subsection agrees in writing to appoint a director for mental health, mental retardation" and substance abuse other than the director of the county board of health as stipulated in

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Code Section 31-3-12.1, to appoint an advisory council on mental health, mental retarda tion, and substance abuse consisting of consumers, families of consumers, and representa tives from each of the counties within the boundaries of the community service board, and to comply with all other provisions relating to the delivery of disability services pursuant to this chapter.
(f) If the conditions enumerated in subsection (e) of this Code section are not met prior to or on December 31, 1993, a community service board as provided in subsection (b) shall be established and appointed by January 31, 1994, to govern the provision of disability ser vices within the boundaries of the community service board. Such community service board shall have the authority to adopt bylaws and undertake organizational and contractual ac tivities after January 31, 1994; provided, however, that the community service board estab lished pursuant to this Code section may not begin providing services to clients until July 1, 1994.
(g) If a community service board is established pursuant to subsection (e) of this Code section, such community service board must operate as established at least until June 30, 1996; provided, however, that in each fiscal year following June 30, 1996, the counties in cluded under the jurisdiction of such a community service board may vote to reconstitute the community service board pursuant to the provisions of subsection (b) of this Code sec tion by passage of a resolution by a majority of the county governing authorities within the jurisdiction of the community service board prior to January 1, 1997, or each year thereafter
(h) Each community service board shall be responsible for adopting bylaws and opera tional policies and guidelines in conformity with procedures established by the division and the regional board. Those bylaws shall address board appointment procedures, initial terms of board memBers, the staggering of terms, a mechanism for ensuring that consumers of disability services and family members of consumers constitute a majority of the appointed board members, and a mechanism for ensuring equitable representation of the various disa bility groups. The regular term of office for each community service board member shall be two years. Vacancies on such board shall be filled in the same manner as the original appointment.
37-2-6.1. (a) Each community service board shall be responsible for employing a progranrdirector, and other necessary staff, adopting an annual budget, and securing appropri ate facilities, sites, and professionals necessary for the provision of disability services!
(b) Each community service board, under the jurisdiction of its board, shall perform duties, responsibilities, and functions and may exercise power and authority described in this subsection. Each program may exercise the following power and authority:
(1) Each community service board may adopt bylaws for the conduct of its affairs; pro vided, however, that the community service board shall meet at least quarterly, and that all such meetings and any bylaws shall be open to the public;
(2) Each community service board may make and enter into all contracts necessary and incidental to the performance of its duties and functions.
(3) Each community service board may acquire and dispose of real and personal property;
(4) Each community service board may contract to utilize the services of the Department~of Administrative Services, the State Merit System of Personnel Administration, the state auditor, or any other agency of state, local, or federal governmeTit;
(5) Each community service board may provide, either independently or through con tract with appropriate state or local governmental entities, the following benefits to its em ployees, their dependents, and survivors, in addition to any compensation or other benefits provided to such persons?
(A) Retirement, pension, disability, medical, and hospitalization benefits, through the purcHase of insurance or otherwise, but medical and hospitalization benefits may only be

WEDNESDAY, MARCH 3, 1993

941

provided through a contract with the State Personnel Board under the same conditions as provided for such benefits to state employees, and the State Personnel Board shall so con tract for those benefits if requested;
(B) Life insurance coverage and coverage under federal old age and survivors' insurance programs;
(C) Sick leave, annual leave, and holiday leave; and
(D) Any other similar benefits including, but not limited to, death benefits;
(6) Each community service board may cooperate with all units of local government within the boundaries of the community service board as well as neighboring regions and with the programs of other departments, agencies, and regional commissions and boards;~
(7) Each community service board shall comply with the provisions of Chapter 20 of Title~45, relating to state personnel administration, and each employee of such board shall be a covered employee as defined in Code Section 45-20-2, subject to the rules and regula tions of the state merit system;
(8) Each community service board may receive and administer grants, gifts, contracts, moneys, and donations for purposes pertaining to the delivery of disability services;
(9) Each community service board may make contracts and establish fees for the provi sion of disability services; provided, however, that such contract and fees shall be in compli ance with guidelines established by the division and the regional board; aticl
(10) Each community service board may accept appropriations or loans of funds, facili ties, "equipment, and supplies from the local governmental entities within their program boundaries.
(c) Nothing shall prohibit a community service board from contracting with any county governing authority, private or other public provider, or hospital for the provision of disabil ity services.
(d) Each community service board exists for nonprofit and public purposes, and it is found and declared that the carrying out of the purposes of each community service board is exclusively for public benefit and its property is public property. Thus, no community ser vice board shall be required to pay any state or local ad valorem, sales, use, or income taxes.
37-2-6.2. (a) Those employees whose job descriptions, duties, or functions as of June 30, 1994, included the performance of employment duties or functions which will become em ployment duties or functions of the personnel of the division or a hospital thereof or of a regional board or a community service board on July 1, 1994, which employees were eligible on June 30, 1994, for benefits under the Employees' Retirement System of Georgia and the State Merit System of Personnel Administration, whether in the classified or unclassified service, shall be deemed to be state employees. Each person thus deemed to be a state employee shall continue to be employed by the entity which is authorized or required ori and after July 1, 1994, to perform the duties or functions which were authorized or required to be performed by that employee as of June 30, 1994, whether such entity is the division, a hospital thereof, a regional board, or a community service board, unless such employee re signs, is transferred by the department, or is terminated. Any such transfer or termination shall comply with the applicable rules and procedures of the State Merit System of Person nel Administration. Any such termination of a classified employee shall not result from the anticipated or actual employment or utilization by the department of persons who are not employees of the state or a political subdivision thereof to perform the duties and functions of such terminated state personnel unless such termination and utilization is the result of a reduction in appropriations for such duties or functions. While so employed to perform those duties and functions for a community service board, those employees shall remain employees of the state and shall continue to retain all of the employment benefits provided by the state although the department may delegate the control and supervision of sucfi employees to the community service board to which they are assigned. Those employment benefits shall include without being limited to: health, dental, disability, and life insurance

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options; retirement or pension benefits; federal old age and survivors' insurance; sick, an nual, and holiday leave; and coverage under the state merit system. This subsection is in tended to maintain the status, position, and rights of persons who are the employees described in this subsection notwithstanding their subsequent performing of duties and functions for a regional board or a community service board.
(b) On and after July 1, 1994, personnel of a community service board, other than those described in subsection (a) of this Code section, shall not be employees of the state.
37-2-7. (a) The division shall formulate and publish biennially a state plan for disability services which shall take into account the atea disability service plans submitted by the county boards regional boards as required by Code Section 07-2-6 37-2-5.2. The state disa bility services plan shall be comprehensive and shall include public and private institutional and community services to the disabled. Services to be addressed in the atatc plan shall include, by way of illustration without limitation, the following. In developing the state plan, the division shall request input from the regional boards, the community service boards, hospitals, and other public and private providers. The plan shall include an over view of current services and programs and shall also present information on future program, service, educational, and training needs.
(1) Outpatient services which arc provided during day and early evening houra includ ing diagnostic and evaluation services;
(2) Day and other partial hoapitalization programs which arc structured treatment aci vices which provide alternatives to residential acrvicca and which include detoxification ccn tcrs, night or weekend care, and other appropriate services;
(8) Day training and work activity centers for the mentally retarded or other disability
(i) Residential acrvicca which arc hospital inpaticnt unita, group homes, respite care facilities, rehabilitation residences, family care homes, nursing homes, and other 24 hour treatment and care facilities for patients for whom outpatient or day treatment acrvicca alone arc not appropriate or feasible;
(6) Emergency services which arc crisio intervention programs including hospital cmcr gcncy rooms, walk in services, 24 hour counseling, and crisis visitation services;
(6) Consultation services to agencies, professionals, and others who arc involved with disability services including health professionals, schools, courts, law enforcement agencies, correctional and detention facilities, clergy, health and social acrvicc agencies, and other appropriate individuals or agencies;
(7) Education services to publicize the availability of disability services and to provide workshops and other forums for the promotion of health;
(8) Training services to increase the altills of employees and volunteers in providing disability services;
(0) Required services for preventing the onset or occurrence of disabilities; and
(10) All other services which may be added to the atatc program upon determination of the division.
(b) The plan shall address ways of eliminating, to the extent possible, detrimental de lays and interruptions in the administration of disability services when moving an individ ual from one element of service to another in order to ensure continuity of care and treat ment for persons receiving such services.
(c) The plan shall further set forth the proposed annual budget of the division and the regional boards taking into account all financial data supplied pursuant to paragraph (0) of subsection (b) of Code Section 37 2-6 subparagraph (a)(l)(I) of Code Section 37-2-5.2.
(d) The plan shall be submitted to the department, the Governor, the General Assem bly, the Governor's council, the hospital councils, and the area councils the regional boards,

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943

the hospitals, the community service boards, and any other public or private provider re questing a copy of the plaTT
(e) At such time as the state plan is submitted, the division shall further submit an analysis of services provided, programs instituted, progress made, and the extent of imple mentation of the previous biennial plan. Such analysis shall measure the effectiveness and the efficiency of the methods of delivering services which ameliorate or prevent disability and restore health. This analysis shall further address the efforts of the division in coordi nating services in accordance with Code Section 37-2-9.
37-2-8. The county boards of health and the division shall ensure that the state and area disability services arc a part of a unified program emphasizing community baaed ser vices. Reserved.
37-2-9. To the maximum extent possible, disability services provided by the division and county boards of health the regional boards, hospitals, community service boards, and other public and private providers shall be coordinated with related activities of the depart ment and judicial, correctional, educational, social, and other health service agencies and organizations, both private and public.
37-2-9.1. (a) Each regional board and community service board shall comply with the provisions of Chapter 14 of Title 50, relating to open and public meetings, and Article 4 of Chapter 18 of Title 50, relating to inspection of public records, except where records or proceedings are expressly made confidential pursuant to other provisions of the law.
(b) Each regional board, hospital, and community service board and other public and private providers are authorized to establish one or more advisory boards for the purpose of ensuring coordination with various agencies and organizations and providing professional and other expert guidance.
37-2-10. Notwithstanding any other provisions of law, the director, with the concurrence of the commissioner and the Governor, is authorized to establish and administer area and community disability acrvicca programs on an emergency basis in the event one or more county boards of health community service boards fail to assume responsibility for the es tablishment and implementation of an adequate program range of disability services.
37-2-11. (a) It is the goal of the State of Georgia that every citizen be provided an adequate level of disability care through a unified system of disability services. To this end, the department through the division shall, to the maximum extent possible, allocate funds available for services so as to provide an adequate disability services program available to all citizens of this state. In funding and providing disability services, the division and the re gional boards shall ensure that all providers, public or private, meet minimum standards of quality and competency as established by the department and the division.
(b) Fees generated, if any, by state employees assigned to disability services programs operated by county boards of health shall be retained by the county boards of health hospi tals, community service boards, and other private and public providers, providing services under contract or purview of the regional board, shall be reported to the regional board and applied wherever appropriate against the cost of providing, and increasing the quantity and quality of, disability services. The regional boards with guidance from the division shall be responsible for developing procedures to properly account for the collection, remittance and reporting of generated fees. The regional boards shall work with the community service boards to develop an appropriate mechanism for accounting for the funds and resources contributed to local disability services by counties and municipalities within the area. Sucfi contributions are not required to be submitted to either the community service board or the regional board; however, appropriate documentation and accounting entries shall make cer tain that the county or municipality is credited, and if necessary compensated, appropri ately for such contribution of funds or resources?
(c) No person shall be denied disability services provided by the state as defined in this chapter based on age, gender, race, ethnic origin, or inability to pay.

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37-2-11.1. (a) The department may develop and establish a minor child drug screening program in each county of the state which ahull be operated by each county board of health and which shall constitute disability services within the meaning of this chapter. The pro gram shall include standards and procedures whereby a parent or guardian of a child will be able to supply a urine specimen, for the purposes of laboratory screening of that specimen for the prcDcncc of drugs, of any auch child whom that parent or guardian suopccto of uoing or experimenting with druga. The program ahall alao include safeguards to ensure the confi dcntiality of the screening results ao that only the Tcqucating parent or guardian may obtain those results from the board of health and so that the child whose specimen is tested will not be identified by name. The program shall provide which clinical laboratories, including but not limited to any 8uch laboratory operated by the department or a county board of health, may conduct such screening teats. The program shall also provide for appropriate referrals of auch parents and guardians to public or private organizations for counseling concerning drug abuse. Thia may include making available a list of local or nearby referral resources. This liat should include acute detoxification or psychiatric resources, outpatient resources, longer term inpaticnt and away from home resources, and self help and other rcaourccs. The department shall also establish a fee schedule, based on income, for the teats provided pursuant to this Code section, which schedule shall be designed to ensure that the total fcco generated by the program reasonably approximate the direct and indirect ex pcnsca of such program so that additional public funds will not be required to finance the program, but no person shall be denied services under this Code section because of that person's inability to pay for those services. A county board of health may elect to provide services under this Code section at no charge or at n reduced charge as long as no state funds arc required therefor. Nothing in this Code section shall be construed to conflict with any federal law or regulation applicable thereto.
(b) Physicians and other health care providers in the screening program established pursuant to this Code section who provide the services under the program to nonpaticnt children whose identities arc known only to their parcnta or guardians have no liability for any such services which do not involve treatment of identified children or their parents or guardians, absent a showing of gross negligence or willful or wanton misconduct by such physician or other health care provider.
(a) Venue for the purpose of any action against a regional board or community service board shall be the county in which the principal office of such regional board or community program board is located. For purposes of this Code section, 'principal office' shall be de fined as the facility which houses the executive director or other such top administrator for the regional or community service board.
(b) In any legal proceeding, a regional board and the regional unit shall be considered a unit of the division and shall be afforded the assistance of legal counsel from the Attorney General!
(c) (1) The community service boards shall be public bodies, but shall not be considered agencies of the state, or any specific county or municipality. Such community service boards are public agencies in their own right. No county shall be liable for any action, error, or omission of a community service board.
(2) A community service board may employ or contract for legal counsel to assist in performing its duties and shall be authorized to appoint legal counsel to represent the com munity service board and its employees. The community service board may exercise any authority granted in Article 2 of Chapter 9 of Title 45, relating to the indemnification, de fense, and insuring of members and employees of public bodies.
37-2-11.2. (a) Notwithstanding any other law to the contrary, to ensure the quality and integrity of patient and client care, any program receiving any public funds from, or subject to licensing, certification, or facility approval by, the Department of Human Resources or a county board of health regional board shall be required to provide the department or the appropriate county board of health regional board or both, upon request, complete access to, including but not limited to authorization to examine and reproduce, any records required

WEDNESDAY, MARCH 3, 1993

945

to be maintained in accordance with contracts, standards, or rules and regulations of the Department of Human Resources or pursuant to the provisions of this title.
(b) Records obtained pursuant to subsection (a) of this Code section shall not be con sidered public records and shall not be released by the department or any county board of health regional board unless otherwise specifically authorized by law.
37-2-12. Nothing in this chapter shall be construed to require the designation of any service area or the appointment of any council boundaries or the appointment of any board in a manner which conflicts with any federal law applicable thereto or regulations promulgated thereunder."
Section 17. Said chapter is further amended by striking subsection (c) of Code Section 37-2-34, relating to powers and duties of the State Commission on Mental Health, Mental Retardation, and Substance Abuse Service Delivery, and inserting in its place a new subsec tion (c) to read as follows:
"(c) The commission shall complete its initial plan relating to reorganization of the service delivery system and make a report of its findings and recommendations 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 Governor and the Board of Human Resources to monitor the implementation of organizational policies and programs it recommended in its initial report. In addition, the commission will consider any further statutory, organizational, budgetary, or operational changes which may be necessary and advisable to improve the state-wide mental health, mental retardation, and substance abuse system. The commission shall submit an annual update of its findings and recommendations to the Governor, the General Assembly, and the Board of Human Resources on December 1, 1993. and December 1, 1994. The commission shall stand abolished on December 31, -J993 1994."
Section 17.1. Chapter 3 of Title 37 of the Official Code of Georgia Annotated, relating to hospitalization of mentally ill persons, is amended by striking paragraph (3) of Code Section 37-3-1, relating to definitions, and inserting in its place the following:
"(3) 'Community mental health center' means an organized program for the care and treatment of the mentally ill operated by a county board of health or a similar program recognized by a county board of health or the Department of Human Rcaourcco.'Commu nity service board' means the board so designated and established in Article 1 of Chapter 2 of this title."
Section 17.2. Said chapter is further amended by striking paragraph (1) of Code Section 37-3-61, relating to court ordered evaluation, and inserting in its place the following:
"(1) Any person may file an application executed under oath with the county board of health community service board for a court ordered evaluation of a person located within that county who is alleged by such application to be a mentally ill person requiring involun tary treatment. Upon the filing of such application, the county board of health community service board shall make a preliminary investigation and, if the investigation shows that there is probable cause to believe that such allegation is true, it shall file a petition with the court in the county where the patient is located seeking an involuntary admission for evalu ation; and".
Section 17.3. Said chapter is further amended by striking Code Section 37-3-101, relat ing to transportation of patients generally, and inserting in its place the following:
"37-3-101. The governing authority of the county of the patient's residence shall ar range for all required transportation of the patient. The type of vehicle employed shall be in the discretion of the governing authority of the county, provided that, whenever possible, marked vehicles normally used for the transportation of criminals or those accused of crimes shall not be used for the transportation of patients. The court shall, upon the request of the county board of health community service board, order the sheriff to transport the patient in such manner as the patient's condition demands. At any time the county board of health

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community service board is satisfied that the patient can be transported safely by family members or friends, such private transportation shall be encouraged and authorized. No female patient shall be transported at any time without another female in attendance who is not a patient, unless such female patient is accompanied by her husband, father, adult brother, or adult son."
Section 17.4. Chapter 4 of said Title 37, relating to habilitation of mentally retarded persons, is amended by striking subsection (b) of Code Section 37-4-40.4, relating to evalua tion for temporary care, and inserting in its place the following:
"(b) Within five days, Saturdays, Sundays, and holidays excluded, after a petition is filed authorizing the continued admission of a client under subsection (a) of this Code sec tion, the staff of the facility in which the client is admitted and the representatives of the appropriate community mental retardation program operated by the county board of health community service board so designated and established in Article 1 of Chapter 2 of this title in the client's community shall:
(1) Conduct a comprehensive evaluation of the client;
(2) Jointly develop an individualized program plan for the client; and
(3) File a copy of the evaluation and plan with the court petitioned for a hearing under paragraph (1) of subsection (a) of Code Section 37-4-40.3."
Section 17.5. Said chapter is further amended by striking Code Section 37-4-61, relating to transportation of clients generally, and inserting in its place the following:
"37-4-61. The governing authority of the county of the client's residence shall arrange for all required transportation of the client. The type of vehicle employed shall be deter mined by the governing authority of the county, provided that, whenever possible, marked vehicles normally used for the transportation of criminals or those accused of crimes shall not be used for the transportation of clients. The court, upon the request of the county board of health community service board so designated and established in Article 1 of Chapter 2 of this title, shall order the sheriff to transport the client in such manner as the client's condition demands. At any time the county board of health such community service board is satisfied that the client can be transported safely by family members or friends, such private transportation shall be encouraged and authorized. No female client shall be transported at any time without another female in attendance who is not a client, unless such female client is accompanied by her husband, father, adult brother, or adult son."
Section 17.6. Chapter 6 of said Title 37, relating to day-care centers for the mentally retarded is amended by striking Code Section 37-6-4, relating to grants-in-aid for purchase of day-care services, and inserting in its place the following:
"37-6-4. The department is authorized and empowered to make grants-in-aid to county boards of health in order to enable the county boards to purchase care and training for mentally retarded individuals from privately operated, nonprofit day-care centers provided these mentally retarded individuals have been certified as eligible for financial assistance."
Section 17.7. Chapter 7 of said Title 37, relating to hospitalization of alcoholic and drug dependent persons, is amended by striking paragraph (6) of Code Section 37-7-1, relating to definitions, and inserting in its place the following:
"(6) 'Community mental health cento?' means an organized program for the care and treatment of alcoholics, drug dependent individuals, or- drug abuacrs operated by a county board of health or a similar auch program recognized by a county board of health 01 the Department of Human Resources and shall include ambulatory day detoxification centers, mcthadonc treatment ccntcro, and drug counseling centers. 'Community service board' means the board so designated and established in Article 1 of Chapter 2 of this titled"
Section 17.8. Said chapter is further amended by striking paragraph (1) of Code Section

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947

37-7-61, relating to petitions for court ordered evaluations, and inserting in its place the following:
"(1) Any person may file an application executed under oath with the county board of health community service board for a court ordered evaluation of a person located within that couaty the boundaries of fHe community service board who is alleged by such applica tion to be an alcoholic, a drug dependent individual, or a drug abuser requiring involuntary treatment. Upon the filing of such application, the county board of health community ser vice board shall make a preliminary investigation and, if the investigation shows that there is probable cause to believe that such allegation is true, it shall file a petition with the court in the county where the patient is located seeking an involuntary admission for evaluation; and".
Section 17.9. Said chapter is further amended by striking Code Section 37-7-101, relat ing to transportation of patients generally, and inserting in its place the following:
"37-7-101. The governing authority of the county of the patient's residence shall ar range for all required transportation of the patient. The type of vehicle employed shall be in the discretion of the governing authority of the county, provided that, whenever possible, marked vehicles normally used for the transportation of criminals or those accused of crimes shall not be used for the transportation of patients. The court shall, upon the request of the county board of health community service board, order the sheriff to transport the patient in such manner as the patient's condition demands. At any time the county board of health community service board is satisfied that the patient can be transported safely by family members or friends, such private transportation shall be encouraged and authorized. No female patient shall be transported at any time without another female in attendance who is not a patient, unless such female patient is accompanied by her husband, father, adult brother, or adult son."
Section 18. An act creating a State Commission on Mental Health, Mental Retardation, and Substance Abuse Service Delivery, approved April 13, 1992 (Ga. L. 1992, p. 1357), is amended by striking Section 3 thereof and inserting in its place a new section to read as follows:
"Section 3. This Act shall stand repealed on December 31, i993 1994."
Section 19. This Act shall become effective on July 1, 1994; provided, however, that provisions relating to the establishment of regional and community service board bounda ries and the appointments of regional boards and community service boards shall become effective on July 1, 1993, or upon whatever date is stipulated in the Act and provided, fur ther, that the provisions authorizing a county board of health to serve as a community ser vice board shall become effective upon the approval of this Act by the Governor or upon its becoming law without such approval.
Section 19.1. This Act shall stand repealed on June 30, 1999.
Section 20. 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 SB 49 offered by the Senate Committee on Health and Human Services by striking lines 3 through 10 of page 53 and inserting in their place the following:
"termination from state employment of a classified employee shall not result from the anticipated or actual employment or utilization by:
(1) The department;
(2) A regional board:
(3) A community service board;
(4) A hospital; or

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(5) Any private provider of disability services
of any person who is not an employee of the state or a political subdivision thereof to per form the duties and functions of such terminated state personnel unless such termination and utilization is the result of a reduction in appropriations for such duties or functions or is the result of a reduction in force caused by any other state department or agency which has ceased to contract with the department for the services which had been provided by the terminated state personnel. While so employed to perform those duties".

On the adoption of the amendment offered by Senator Walker of the 22nd, 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:

Abernathy Alien Baugh Blitch Bowen Broun of 46th Cheeks Coleman Dean Garner Gillis Harbison

Hemmer Henson Hill Hooks Huggins Kemp Langford of 35th Langford of 29th Madden Marable Middleton Oliver

Parrish Perdue Pollard Ragan of llth Ray Robinson Slotin Starr Thomas Thompson Turner Walker

Those voting in the negative were Senators:

Balfour Boshears
^ClUayrton Crotts Dawkins

Day Edge
^Fagrarnow Glanton Gochenour

Isakson Newbill
Rag5an of 32nd Ralston Tysinger

Those not voting were Senators:

Brown of 26th

Scott

Taylor

On the adoption of the amendment offered by Senator Walker of the 22nd, the yeas were 36, nays 17, and the amendment was adopted.

Senator Clay of the 37th offered the following amendment:

Amend the substitute to SB 49 offered by the Senate Committee on Health and Human Services by eliminating on pages 52 and 53, subsection 37-2-6.2 (a) in its entirety.

On the adoption of the amendment offered by Senator Clay of the 37th, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Balfour Boshears Burton Clay

Crotts Dawkins Day Edge

Egan Farrow Glanton Gochenour

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949

Isakson Newbill

Ragan of 32nd Ralston

Tysinger

Those voting in the negative were Senators:

Abernathy Alien Baugh Blitch Bowen Broun of 46th Cheeks Coleman Dean Garner Gillis Harbison Hemmer

Henson Hill Hooks Huggins Kemp Langford of 35th Langford of 29th Madden Marable Middleton Oliver Parrish

Perdue Pollard Ragan of llth Ray Robinson Slotin Starr Taylor Thomas Thompson Turner Walker

Not voting were Senators Brown of the 26th and Scott.

On the adoption of the amendment offered by Senator Clay of the 37th, the yeas were 17, nays 37, and the amendment was lost.

On the adoption of the substitute, the yeas were 44, 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:

Abernathy Alien Balfour Blitch Boshears Bowen Broun of 46th Burton Pv_V/niaeoeVAc Clay Coleman Crotts Dawkins Day Dean Edge Egan Farrow

Garner Gillis Glanton Gochenour Harbison Hemmer Henson Hill Hooks Huggins Isakson Kemp Langford of 35th Langford of 29th Madden Marable Middleton

Newbill Oliver Parrish Pollard Ragan of llth Ragan of 32nd Ralston Ray Robinson Slotin Starr Taylor Thomas Thompson Turner Tysinger Walker

Voting in the negative were Senators Baugh and Perdue.

Not voting were Senators Brown of the 26th and Scott.

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On the passage of the bill, the yeas were 52, nays 2.

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

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

HB 4. By Representative Lane of the 55th:
A bill to amend Code Section 40-8-76.1 of the Official Code of Georgia Anno tated, relating to the use of safety belts in passenger vehicles, so as to provide that in any case where a minor passenger over four years of age fails to use a safety belt in a passenger vehicle as required by law, the driver of the passenger vehicle shall be guilty of the offense of failure to secure a safety belt on a minor.

The House amendment was as follows:

Amend the Senate amendment to HB 4 by adding after "provide" on line 3 of page 1 the following:
"that failure to wear a seat belt shall not be evidence of negligence; to provide".
By striking lines 15 through 17 of page 1 and inserting in their place the following:
"subsections (d) and (e) in their entireties and inserting in lieu thereof the following:
'(d) Failure to wear a seat safety belt in violation of this Code section shall not be considered evidence of negligence, shall not be considered by the court on any question of liability of any person, corporation, or insurer, shall not be any basis for cancellation of coverage or increase in insurance rates, and shall not diminish any recovery for damages arising out of the ownership, maintenance, occupancy, or operation of a passenger vehicle.
(e) (1) Except as otherwise provided in".

Senator Thompson of the 33rd moved that the Senate agree to the House amendment to the Senate amendment to HB 4.

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

Those voting in the affirmative were Senators:

Abernathy Alien Balfour Baugh Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cheeks Clay Coleman Crotts Dawkins Day Dean Edge

Egan Farrow Garner Gillis Glanton Gochenour Harbison Hemmer Henson Hill Hooks Huggins Isakson Kemp Langford of 35th Langford of 29th Madden Marable

Middleton Newbill Oliver Parrish Perdue Pollard Ragan of llth Ragan of 32nd Ralston Ray Robinson Slotin Starr Taylor Thomas Thompson Turner Tysinger

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951

Not voting were Senators Scott and Walker.
On the motion, the yeas were 54, nays 0; the motion prevailed, and the Senate agreed to the House amendment to the Senate amendment to HB 4.
The following general bills of the House, favorably reported by the committees, were read the third time and put upon their passage:
HB 124. By Representative Reaves of the 178th:
A bill to amend Title 2 of the Official Code of Georgia Annotated, relating to agriculture, so as to provide for a civil action for the disparagement of agricul tural or aquacultural food products or commodities.
Senate Sponsor: Senator Ragan of the llth.
The Senate Committee on Agriculture offered the following substitute to HB 124:
A BILL
To be entitled an Act to amend Title 2 of the Official Code of Georgia Annotated, relating to agriculture, so as to provide for a civil action for the disparagement of agricul tural or aquacultural food products or commodities; to provide for definitions; to provide for limitations of actions; 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 2 of the Official Code of Georgia Annotated, relating to agriculture, is amended by adding a new Chapter 16 to read as follows:
"CHAPTER 16
2-16-1. The General Assembly finds, determines, and declares that the production of agricultural and aquacultural food products and commodities constitutes an important and significant portion of the state economy and that it is imperative to protect the vitality of the agricultural and aquacultural economy for the citizens of this state by providing a cause of action for producers, marketers, or sellers to recover damages for the disparagement of any perishable product or commodity.
2-16-2. As used in this chapter, the term:
(1) 'Disparagement' means the willful or malicious dissemination to the public in any manner of false information that a perishable food product or commodity is not safe for human consumption. The information shall be deemed to be false if it is not based upon reasonable and reliable scientific inquiry, facts, or data.
(2) 'Perishable food product or commodity* means any agricultural or aquacultural food product which is sold or distributed in a form that will perish or decay beyond marketability within a period of time.
(3) 'Producers, processors, marketers, and sellers' shall include the entire chain from grower to consumer.
2-16-3. (a) Any person who produces, markets, or sells a perishable food product or commodity and suffers damage as a result of another person's disparagement of such perish able food products or commodities has a cause of action for damages and for any other relief a court of competent jurisdiction deems appropriate, including, but not limited to, compen satory and punitive damages.
2-16-4. Any civil action for damages for disparagement of perishable agricultural or aquacultural food products or commodities shall be commenced within two years after the cause of action accrues."

952

JOURNAL OF THE SENATE

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:

Alien Balfour Baugh Blitch Boshears Bowen Broun of 46th Brown of 26th Burton
PVV^nioccoKlroc
Clay Coleman Crotts Day Dean Edge Egan Farrow

Garner Gillis Glanton Gochenour Harbison Hemmer Henson Hill Hooks Huggins Isakson Kemp Langford of 35th Langford of 29th Madden Marable Middleton

Newbill Oliver Parrish Perdue Pollard Ragan of llth Ragan of 32nd Ralston Ray Robinson Slotin Starr Taylor Thompson Turner Tysinger Walker

Those not voting were Senators:

Abernathy Dawkins

Scott

Thomas

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

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

HB 62. By Representatives Dover of the 9th and Royal of the 164th:
A bill to amend Code Section 48-5-274 of the Official Code of Georgia Annotated, relating to the establishment of the equalized adjusted school property tax di gest, so as to change certain provisions relating to the appointment of boards of arbitrators.
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:

Alien Balfour Baugh

Blitch Boshears Bowen

Broun of 46th Brown of 26th Burton

WEDNESDAY, MARCH 3, 1993

953

Cheeks Clay Coleman Crotts Dean Edge Egan Farrow Gillis Glanton Gochenour Harbison Hemmer Henson

Hill Hooks Huggins Isakson Kemp Langford of 35th Langford of 29th Madden Marable Middleton Newbill Oliver Parrish

Perdue Pollard Ragan of 32nd Ralston Ray Robinson Slotin Starr Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Abernathy Dawkins Day

Garner Ragan of llth

Scott Taylor

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

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

Senator Robinson of the 16th moved that the Senate do now adjourn until 10:00 o'clock A.M. tomorrow, and the motion prevailed.

At 3:42 o'clock P.M., the President announced the Senate adjourned until 10:00 o'clock A.M. tomorrow.

954

JOURNAL OF THE SENATE

Senate Chamber, Atlanta, Georgia Thursday, March 4, 1993
Thirty-first Legislative Day

The Senate met pursuant to adjournment at 10:00 o'clock A.M. today and was called to order by the President.
Senator 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 870. By Representative Johnson of the 153rd:
A bill to amend Article 3 of Chapter 10 of Title 16 of the Official Code of Georgia Annotated, relating to escape and other offenses related to confinement, so as to provide that a person in lawful custody of any penal institution of the state or of a political subdivision of the state who assails, opposes or resists an officer of the law or of such institution with the intent to cause serious bodily injury commits the oifense of mutiny.
HB 751. By Representative Benefield of the 96th:
A bill to amend Article 1 of Chapter 10 of Title 44 of the Official Code of Georgia Annotated, relating to uniform conservation easements, so as to change the man ner in which such easements may be altered or affected.
HB 362. By Representatives Bates of the 179th, Lane of the 55th and Yeargin of the 90th:
A bill to revise comprehensively the authority of counties and municipal corpora tions relating to occupation taxes and regulatory fees for businesses and practi tioners of professions and occupations; to amend Chapter 40 of Title 43 of the Official Code of Georgia Annotated, relating to real estate brokers and salesper sons, so as to correct cross-references to a renumbered Code section; to amend Code Section 48-11-14 of the Official Code of Georgia Annotated, relating to re gistration, reports, and tax payments, so as to remove an incorrect crossreference.
HB 621. By Representatives Coker of the 31st, Atkins of the 29th, Ehrhart of the 36th, Shipp of the 38th, Clark of the 40th and others:
A bill to amend an Act creating the board of commissioners of Cobb County, so as to provide that the office of the chairperson or of a commissioner shall be declared vacant upon such chairperson's or commissioner's qualifying for another elected position if the term of the office for which such chairperson or commis sioner is qualifying begins more than 30 days prior to the expiration of such chairperson's or commissioner's present term of office.

THURSDAY, MARCH 4, 1993

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HB 908. By Representatives Godbee of the 145th and Lane of the 146th:
A bill to reconstitute the Board of Education of Bulloch County and provide for its powers, duties, rights, obligations, and liabilities and subject it to certain con stitutional and statutory provisions.
HB 909. By Representatives Titus of the 180th, Reaves of the 178th and Bates of the 179th:
A bill to amend an Act creating the Board of Commissioners of Thomas County, so as to change the composition of the commissioner districts from which mem bers of the board of commissioners are elected.
HB 911. By Representatives Smyre of the 136th, Buck of the 135th, Culbreth of the 132nd, Taylor of the 134th, Hugley of the 133rd and others:
A bill to amend an Act creating the Muscogee County School District, so as to change the provisions relating to the election of members to the board of education.
HB 924. By Representatives Skipper of the 137th and Smith of the 102nd:
A bill to reconstitute the Board of Education of Talbot County and provide for its powers, duties, rights, obligations, and liabilities and subject it to certain con stitutional and statutory provisions.
HB 940. By Representative Stancil of the 91st:
A bill to amend an Act incorporating the City of Watkinsville, so as to change the provisions relating to the date of city elections; to provide for the terms of office of the mayor and councilmembers.
SB 151. By Senators Farrow of the 54th and Huggins of the 53rd:
A bill to amend an Act entitled "An Act creating the board of commissioners of Whitfield County," as amended, so as to provide that no person may serve in the office of county commissioner or chairman for longer than three consecutive terms of four years; to provide for applicability.
SB 167. By Senators Farrow of the 54th and Huggins of the 53rd:
A bill to amend an Act providing for the Magistrate Court of Whitfield County, as amended, so as to provide that the election of the full-time magistrate shall be by nonpartisan election.
HB 930. By Representatives Milam of the 130th, Epps of the 131st and Smith of the 102nd:
A bill to provide a homestead exemption from Troup County ad valorem taxes for county purposes in the amount of $10,000.00 of the assessed value of the homestead for certain residents of that county who have annual income not ex ceeding $22,000.00 and who are 65 years of age or over.
SB 152. By Senators Farrow of the 54th and Huggins of the 53rd:
A bill to provide a homestead exemption from certain City of Dalton ad valorem taxes for city purposes in the amount of $10,000.00 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 applicability; to provide for a referendum, effective dates, and au tomatic repeal.

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JOURNAL OF THE SENATE

SB 153. By Senators Farrow of the 54th and Huggins of the 53rd:
A bill to provide a homestead exemption from certain City of Dalton Indepen dent School District ad valorem taxes for educational purposes in the amount of $10,000.00 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 relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal.
HB 603. By Representatives White of the 161st and Roberts of the 162nd:
A bill to amend an Act creating a board of commissioners of Dougherty County, so as to change the commission districts.
HB 720. By Representatives Hanner of the 159th, Twiggs of the 8th, Barfoot of the 155th, Dover of the 9th, Coleman of the 142nd and others:
A bill to amend Code Section 45-20-2 of the Official Code of Georgia Annotated, relating to definitions relative to the State Merit System of Personnel Adminis tration, so as to provide that certain employees for the Department of Natural Resources shall be entitled to receive certain benefits.
HB 842. By Representatives Culbreth of the 132nd, Carrell of the 87th, Hudson of the 156th, Skipper of the 137th, Martin of the 47th and others:
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 regarding reporting spon taneous fetal deaths.
HB 784. By Representative Harris of the 112th:
A bill to amend Article 2 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, so as to au thorize the state revenue commissioner to designate tag agents for the purpose of accepting certain applications and collecting certain sales and use tax.
HB 768. By Representatives Buckner of the 95th, Cummings of the 27th, Shanahan of the 10th and McBee of the 88th:
A bill to amend Article 2 of Chapter 13 of Title 47 of the Official Code of Georgia Annotated, relating to the administration and management of the assets of the District Attorneys' Retirement System, so as to authorize the board of directors of such system to grant postretirement benefit increases.
HB 820. By Representative Thomas of the 100th:
A bill to amend Code Section 15-12-67 of the Official Code of Georgia Annotated, relating to appointment or election of foreperson of the grand jury, so as to make certain gender changes and grammatical revisions and corrections in the oath of grand jurors.
HB 322. By Representative Randall of the 127th:
A bill to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to provide that hearing officers in certain cases shall be from the office of the Secretary of State; to provide for hearings in actions or proceedings required by the Department of Human Resources; to amend Code Section 49-4153 of the Official Code of Georgia Annotated, relating to administrative hearings and appeals under the Department of Medical Assistance, so as to provide that certain hearings shall be conducted as provided in Code Section 31-2-6.

THURSDAY, MARCH 4, 1993

957

HB 391. By Representatives Birdsong of the 123rd and Jenkins of the 110th:
A bill to amend Code Section 46-1-1 of the Official Code of Georgia Annotated, relating to definitions of terms used in Title 46 of the Official Code of Georgia Annotated relative to public utilities and public transportation, so as to change the provisions relating to the definition of the terms "motor common carrier" and "motor contract carrier".

HB 844. By Representatives Murphy of the 18th, Colwell of the 7th, Coleman of the 142nd and Parrish of the 144th:
A bill to amend Code Section 42-5-60 of the Official Code of Georgia Annotated, relating to employment of penal institution inmates and production of goods by inmates, so as to change provisions relating to prohibited sales to private persons firms, associations, and corporations; to provide that such prohibition shall not apply to a sale to a private contractor of items for use in the completion of a publicly funded project.

HB 728. By Representative Lane of the 55th:
A bill to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to authorize counties and municipal corporations to exer cise powers and to undertake activities that are necessary to allow participation in the federal Cranston-Gonzalez National Affordable Housing Act, P.L. 101-625, 42 U.S.C. Section 12701, et seq., as amended.

HB 536. By Representatives Buck of the 135th and Culbreth of the 132nd:
A bill to amend Code Section 48-7-21 of the Official Code of Georgia Annotated, relating to income taxation of corporations, so as to change certain provisions relating to the subtraction from taxable income of dividends received by a corpo ration from certain sources outside the United States.

SB 14. By Senator Brown of the 26th:
A bill to amend Code Section 3-8-3 of the Official Code of Georgia Annotated, relating to the sale of malt beverages at coliseums, so as to authorize certain coliseum authorities to sell alcoholic beverages for consumption on the premises only upon property owned or controlled by such authorities; to provide that such authorities shall determine by resolution the conditions, including hours and days of sales, under which sales of alcoholic beverages shall be permitted.

SB 210. By Senators Taylor of the 12th, Henson of the 55th and Brown of the 26th:
A bill to amend Code Section 33-51-3 of the Official Code of Georgia Annotated, relating to the contents of the model basic health insurance plan, so as to author ize the Commissioner of Insurance to permit the coverage of certain children cov ered by Medicaid in a plan developed by the Commissioner to cover the basic health needs of children when such participation is approved by the Secretary of the United States Department of Health and Human Services.

958

JOURNAL OF THE SENATE

The House has adopted by the requisite constitutional majority the following resolu tions of the Senate:
SR 25. By Senator Hemmer of the 49th: A resolution honoring the late Francis Marion "Frank" Hendley, II.
SR 142. By Senator Garner of the 30th: A resolution authorizing the granting of an easement on, over, under, upon, across, or through property owned by the State of Georgia in Carroll County, Georgia; to provide an effective date.
The House has passed, by substitute, by the requisite constitutional majority the fol lowing bill of the Senate:
SB 108. By Senator Isakson of the 21st: A bill to amend Chapter 1 of Title 43 of the Official Code of Georgia Annotated, relating to general provisions regarding the licensing of professions and busi nesses, so as to provide for certain application questions and for their answer under oath.
The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:
SB 373. By Senators Cheeks of the 23rd and Walker of the 22nd: A bill to amend an Act creating the Board of Tax Assessors for Richmond County, as amended, so as to change provisions relating to the membership of the board; to provide for districts from which members of the board shall be appointed; to provide for continued service of sitting members.
Referred to Committee on Urban and County Affairs.
SB 374. By Senator Baugh of the 25th: A bill to reconstitute the Board of Education of Hancock County and provide for its powers, duties, rights, obligations, and liabilities and subject it to certain con stitutional and statutory provisions; to continue in office certain members of such board and provide for the expiration of their terms; to provide for education dis tricts; to provide for the election of board members; to provide for the chairper son of the board.
Referred to Committee on Urban and County Affairs.
SB 375. By Senator Baugh of the 25th: A bill to amend an Act creating a Board of County Commissioners of Hancock County, as amended, so as to reconstitute the Board of County Commissioners of Hancock County and provide for its powers, duties, rights, obligations, and liabil ities and subject it to certain constitutional and statutory provisions; to continue in office certain members of such board and provide for the expiration of their terms.
Referred to Committee on Urban and County Affairs.
SB 376. By Senator Alien of the 2nd: A bill to amend Article 1 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions relative to superior courts, so as to cre ate a family court division of each superior court within this state; to provide for the assignment of judges to such divisions; to provide for the consideration of

THURSDAY, MARCH 4, 1993

959

certain matters by the family court division; to provide for jurisdiction; to pro vide for practices and procedures. Referred to Committee on Judiciary.
SR 251. By Senator Blitch of the 7th:
A resolution designation the Lt. Harold "Pinky" Durham Medal of Honor Highway. Referred to Committee on Transportation.
SR 252. By Senators Hemmer of the 49th, Hooks of the 14th and Henson of the 55th:
A resolution creating the Senate Storm-Water Pollution Study Committee. Referred to Committee on Rules.
The following bills of the House were read the first time and referred to committees:
HB 322. By Representative Randall of the 127th:
A bill to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to provide that hearing officers in certain cases shall be from the office of the Secretary of State; to provide for hearings in actions or proceedings required by the Department of Human Resources; to amend Code Section 49-4153 of the Official Code of Georgia Annotated, relating to administrative hearings and appeals under the Department of Medical Assistance, so as to provide that certain hearings shall be conducted as provided in Code Section 31-2-6. Referred to Committee on Health and Human Services.
HB 362. By Representatives Bates of the 179th, Lane of the 55th and Yeargin of the 90th:
A bill to revise comprehensively the authority of counties and municipal corpora tions relating to occupation taxes and regulatory fees for businesses and practi tioners of professions and occupations; to amend Chapter 40 of Title 43 of the Official Code of Georgia Annotated, relating to real estate brokers and salesper sons, so as to correct cross-references to a renumbered Code section; to amend Code Section 48-11-14 of the Official Code of Georgia Annotated, relating to re gistration, reports, and tax payments, so as to remove an incorrect crossreference. Referred to Committee on Finance and Public Utilities.
HB 391. By Representatives Birdsong of the 123rd and Jenkins of the 110th:
A bill to amend Code Section 46-1-1 of the Official Code of Georgia Annotated, relating to definitions of terms used in Title 46 of the Official Code of Georgia Annotated relative to public utilities and public transportation, so as to change the provisions relating to the definition of the terms "motor common carrier" and "motor contract carrier". Referred to Committee on Finance and Public Utilities.
HB 536. By Representatives Buck of the 135th and Culbreth of the 132nd:
A bill to amend Code Section 48-7-21 of the Official Code of Georgia Annotated, relating to income taxation of corporations, so as to change certain provisions relating to the subtraction from taxable income of dividends received by a corpo ration from certain sources outside the United States. Referred to Committee on Finance and Public Utilities.

960

JOURNAL OF THE SENATE

HB 720. By Representatives Manner of the 159th, Twiggs of the 8th, Barfoot of the 155th, Dover of the 9th, Coleman of the 142nd and others:
A bill to amend Code Section 45-20-2 of the Official Code of Georgia Annotated, relating to definitions relative to the State Merit System of Personnel Adminis tration, so as to provide that certain employees for the Department of Natural Resources shall be entitled to receive certain benefits. Referred to Committee on Natural Resources.
HB 728. By Representative Lane of the 55th:
A bill to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to authorize counties and municipal corporations to exer cise powers and to undertake activities that are necessary to allow participation in the federal Cranston-Gonzalez National Affordable Housing Act, P.L. 101-625, 42 U.S.C. Section 12701, et seq., as amended. Referred to Committee on Health and Human Services.
HB 751. By Representative Benefield of the 96th:
A bill to amend Article 1 of Chapter 10 of Title 44 of the Official Code of Georgia Annotated, relating to uniform conservation easements, so as to change the man ner in which such easements may be altered or affected. Referred to Committee on Transportation.
HB 768. By Representatives Buckner of the 95th, Cummings of the 27th, Shanahan of the 10th and McBee of the 88th:
A bill to amend Article 2 of Chapter 13 of Title 47 of the Official Code of Georgia Annotated, relating to the administration and management of the assets of the District Attorneys' Retirement System, so as to authorize the board of directors of such system to grant postretiremen! benefit increases. Referred to Committee on Retirement.
HB 784. By Representative Harris of the 112th:
A bill to amend Article 2 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, so as to au thorize the state revenue commissioner to designate tag agents for the purpose of accepting certain applications and collecting certain sales and use tax. Referred to Committee on Finance and Public Utilities.
HB 820. By Representative Thomas of the 100th:
A bill to amend Code Section 15-12-67 of the Official Code of Georgia Annotated, relating to appointment or election of foreperson of the grand jury, so as to make certain gender changes and grammatical revisions and corrections in the oath of grand jurors. Referred to Committee on Judiciary.
HB 842. By Representatives Culbreth of the 132nd, Carrell of the 87th, Hudson of the 156th, Skipper of the 137th, Martin of the 47th and others:
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 regarding reporting spon taneous fetal deaths. Referred to Committee on Health and Human Services.

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961

HB 844. By Representatives Murphy of the 18th, Colwell of the 7th, Coleman of the 142nd and Parrish of the 144th:
A bill to amend Code Section 42-5-60 of the Official Code of Georgia Annotated, relating to employment of penal institution inmates and production of goods by inmates, so as to change provisions relating to prohibited sales to private persons firms, associations, and corporations; to provide that such prohibition shall not apply to a sale to a private contractor of items for use in the completion of a publicly funded project. Referred to Committee on Corrections.
HB 870. By Representative Johnson of the 153rd:
A bill to amend Article 3 of Chapter 10 of Title 16 of the Official Code of Georgia Annotated, relating to escape and other offenses related to confinement, so as to provide that a person in lawful custody of any penal institution of the state or of a political subdivision of the state who assails, opposes, or resists an officer of the law or of such institution with the intent to cause serious bodily injury commits the offense of mutiny. Referred to Committee on Special Judiciary.
HB 603. By Representatives White of the 161st and Roberts of the 162nd:
A bill to amend an Act creating a board of commissioners of Dougherty County, so as to change the commission districts. Referred to Committee on Urban and County Affairs.
HB 621. By Representatives Coker of the 31st, Atkins of the 29th, Ehrhart of the 36th, Shipp of the 38th, Clark of the 40th and others:
A bill to amend an Act creating the board of commissioners of Cobb County, so as to provide that the office of the chairperson or of a commissioner shall be declared vacant upon such chairperson's or commissioner's qualifying for another elected position if the term of the office for which such chairperson or commis sioner is qualifying begins more than 30 days prior to the expiration of such chairperson's or commissioner's present term of office. Referred to Committee on Urban and County Affairs.
HB 908. By Representatives Godbee of the 145th and Lane of the 146th:
A bill to reconstitute the Board of Education of Bulloch County and provide for its powers, duties, rights, obligations, and liabilities and subject it to certain con stitutional and statutory provisions. Referred to Committee on Urban and County Affairs.
HB 909. By Representatives Titus of the 180th, Reaves of the 178th and Bates of the 179th:
A bill to amend an Act creating the Board of Commissioners of Thomas County, so as to change the composition of the commissioner districts from which mem bers of the board of commissioners are elected. Referred to Committee on Urban and County Affairs.
HB 911. By Representatives Smyre of the 136th, Buck of the 135th, Culbreth of the 132nd, Taylor of the 134th, Hugley of the 133rd and others:
A bill to amend an Act creating the Muscogee County School District, so as to change the provisions relating to the election of members to the board of education. Referred to Committee on Urban and County Affairs.

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JOURNAL OF THE SENATE

HB 924. By Representatives Skipper of the 137th and Smith of the 102nd:
A bill to reconstitute the Board of Education of Talbot'County and provide for its powers, duties, rights, obligations, and liabilities and subject it to certain con stitutional and statutory provisions.
Referred to Committee on Urban and County Affairs.

HB 930. By Representatives Milam of the 130th, Epps of the 131st and Smith of the 102nd:
A bill to provide a homestead exemption from Troup County ad valorem taxes for county purposes in the amount of $10,000.00 of the assessed value of the homestead for certain residents of that county who have annual income not ex ceeding $22,000.00 and who are 65 years of age or over.
Referred to Committee on Urban and County Affairs.

HB 940. By Representative Stancil of the 91st:
A bill to amend an Act incorporating the City of Watkinsville, so as to change the provisions relating to the date of city elections; to provide for the terms of office of the mayor and councilmembers.
Referred to Committee on Urban and County Affairs.

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

Mr. President:

The Committee on Banking and Financial Institutions has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SB 359. Do pass.
Respectfully submitted,
Senator Turner of the 8th District, Chairman

Mr. President:

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

SB 313. Do pass by substitute.

SB 347. Do pass.

SB 346. Do pass.

SB 355. Do pass by substitute.

Respectfully submitted,

Senator Turner of the 8th District, Chairman

Mr. President:

The Committee on Consumer Affairs has had under consideration the following bill of the House and has instructed me to report the same back to the Senate with the following recommendation:
HB 505. Do pass as amended.
Respectfully submitted,
Senator Langford of the 35th District, Chairman

THURSDAY, MARCH 4, 1993

963

Mr. President:

The Committee on Defense and Veterans Affairs has had under consideration the fol lowing bills of the Senate and has instructed me to report the same back to the Senate with the following recommendations:

SB 311. Do pass.

SB 367. Do pass.

SB 357. Do pass.

SB 368. Do pass.

Respectfully submitted,

Senator Harbison of the 15th District, Chairman

Mr. President:

The Committee on Economic Development, Tourism and Cultural Affairs has had under consideration the following bills and resolutions of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SB 114. Do pass as amended. SB 304. Do pass. SB 371. Do pass. SR 11. Do pass.

SR 199. SR 203. HB 462.

Do pass. Do pass. Do pass.

Respectfully submitted,

Senator Broun of the 46th District, Chairman

Mr. President:

The Committee on Education has had under consideration the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:
SB 316. Do pass by substitute. SB 290. Do pass. HB 429. Do pass.
Respectfully submitted,
Senator Scott of the 36th District, Chairman

Mr. President:

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

SB 127. Do pass by substitute. SB 339. Do pass.

SB 131. Do pass by substitute. HB 167. Do pass.

Respectfully submitted,

Senator Alien of the 2nd District, Chairman

Mr. President:

The Committee on Health and Human Services has had under consideration the follow-

964

JOURNAL OF THE SENATE

ing bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:
SB 372. Do pass. HB 689. Do pass by substitute.
Respectfully submitted, Senator Walker of the 22nd District, Chairman
Mr. President:
The Committee on Health and Human Services has had under consideration the follow ing bills of the Senate and has instructed me to report the same back to the Senate with the following recommendations:
SB 312. Do pass. SB 352. Do pass by substitute.
Respectfully submitted, Senator Walker of the 22nd District, Chairman
Mr. President:
The Committee on Higher Education has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SB 369. Do pass. Respectfully submitted, Senator Perdue of the 18th District, Chairman
Mr. President:
The Committee on Insurance and Labor has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the follow ing recommendation:
SB 226. Do pass by substitute. Respectfully submitted, Senator Pollard of the 24th District, Chairman
Mr. President:
The Committee on Insurance and Labor has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the follow ing recommendation:
SB 326. Do pass. Respectfully submitted, Senator Pollard of the 24th District, Chairman
Mr. President:
The Committee on Insurance and Labor has had under consideration the following bill

THURSDAY, MARCH 4, 1993

965

of the Senate and has instructed me to report the same back to the Senate with the follow ing recommendation:
SB 273. Do pass by substitute. Respectfully submitted, Senator Pollard of the 24th District, Chairman
Mr. President:

The Committee on Natural Resources has had under consideration the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:
SB 342. Do pass. HB 695. Do pass.
Respectfully submitted,
Senator Gillis of the 20th District, Chairman Mr. President:

The Committee on Rules has had under consideration the following resolution of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SR 109. Do pass.
Respectfully submitted,
Senator Hooks of the 14th District, Chairman
Mr. President:

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

SB 307. Do pass. SB 256. Do pass. SB 295. Do pass.

SB 318. Do pass as amended. SB 358. Do pass.

Respectfully submitted,

Senator Egan of the 40th District, Chairman

Mr. President:

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

SB 328. Do pass by substitute. SB 333. Do pass. SR 228. Do pass. SR 230. Do pass.

SR 231. SR 232. SR 234. HB 301.

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

Respectfully submitted,

Senator Coleman of the 1st District, Chairman

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JOURNAL OF THE SENATE

Mr. President:

The Committee on Transportation has had under consideration the following bills of the Senate and has instructed me to report the same back to the Senate with the following recommendations:
SB 209. Do pass as amended. SB 343. Do pass by substitute.
Respectfully submitted,
Senator Coleman of the 1st District, Chairman

Mr. President:

The Committee on Urban and County Affairs has had under consideration the following bills and resolution of the Senate and has instructed me to report the same back to the Senate with the following recommendations:
SB 296. Do pass by substitute. SB 314. Do pass by substitute. SR 238. Do pass.
Respectfully submitted,
Senator Thompson of the 33rd 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 338. SB 353. SB 354. HB 557. HB 735. HB 843.

Do pass.

HB 872.

Do pass. Do pass. Do pass as amended.

HB 873 HB 874.

Do pass by substitute.

HB 875>

Do pass by substitute.

HB 899.

Respectfully submitted,

Do pass. Do pass. Do pass.
Do PassDo pass.

Senator Thompson of the 33rd District, Chairman

Mr. President:

The Committee on Youth, Aging and Human Ecology 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 120. Do pass.
Respectfully submitted,
Senator Marable of the 52nd District, Chairman

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967

The following bills and resolutions of the Senate and House were read the second time:
SB 71. By Senators Taylor of the 12th, Henson of the 55th and Brown of the 26th:
A bill to amend Article 1 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to the state flag and other flags, so as to change the design and description of the state flag; to provide an effective date.
SB 163. By Senator Ragan of the 32nd:
A bill to amend Code Section 40-5-67.1 of the Official Code of Georgia Anno tated, relating to the administration of chemical test upon belief of a law enforce ment officer that a person has been driving or was in actual physical control of a moving vehicle while under the influence of alcohol or drugs, so as to change the provisions relating to the information which the arresting officer is required to provide to the person requested to submit to a chemical test or tests.
SB 175. By Senators Clay of the 37th and Edge of the 28th:
A bill to amend Chapter 1 of Title 34 of the Official Code of Georgia Annotated, relating to general provisions applicable to labor and industrial relations, so as to provide immunity from civil liability to an employer or any other person who discloses information about another person's job performance under certain circumstances.
SB 193. By Senator Henson of the 55th:
A bill to amend Article 3 of Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to the selection of jurors, so as to change the method and manner in which certain jury lists are composed; to provide for duties and re sponsibilities of the Department of Public Safety, boards of education of inde pendent and county school systems, and the chief registrar of each county with respect to jury lists.
SB 203. By Senators Henson of the 55th, Robinson of the 16th, Garner of the 30th and others:
A bill to amend Chapter 1 of Title 28 of the Official Code of Georgia Annotated, relating to the General Assembly in general, so as to establish an administrative procedure for the profiling of proposed bills and resolutions prior to the conven ing of each legislative session; to authorize the presiding officers of the Senate and House of Representatives to indicate the standing committees to which they intend to assign such proposed measures.
SB 269. By Senators Blitch of the 7th and Oliver of the 42nd:
A bill to amend Code Section 19-9-3 of the Official Code of Georgia Annotated, relating to discretion of court in custody disputes, so as to provide that upon the filing of an action for a change of child custody, the court may in its discretion change the terms of custody on a temporary basis pending final judgment on such issue; to provide that any such award shall not constitute an adjudication of the rights of the parties.
SB 278. By Senators Scott of the 36th and Henson of the 55th:
A bill to amend the "Metropolitan Atlanta Rapid Transit Authority Act of 1965," as amended, so as to exclude certain nonrecurring costs from the defini tion of "operating costs of the system" for the purposes of the limitations on the use of tax revenues to pay such costs; to provide an effective date.

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SB 315. By Senators Ralston of the 51st and Farrow of the 54th:
A bill to amend Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to magistrate courts, so as to create the office of senior magistrate; to provide for the appointment, qualifications, and duties of a senior magistrate; to provide for an oath; to provide for training; to change the composition of the Council of Magistrate Court Judges; to provide for compensation for senior magistrates.
SB 335. By Senators Taylor of the 12th, Henson of the 55th and Brown of the 26th:
A bill to amend Article 4 of Chapter 12 of Title 45 of the Official Code of Georgia Annotated, relating to the Office of Planning and Budget and budgetary processes, so as to change provisions relating to state budgetary processes; to de fine certain terms; to provide for a strategic planning process; to provide for an outcome based budgeting system; to amend Article 3 of Chapter 5 of Title 28 of the Official Code of Georgia Annotated, relating to legislative procedures for fis cal legislation, so as to change provisions relating to fiscal notes.
SR 206. By Senators Thompson of the 33rd, Garner of the 30th and Hooks of the 14th:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide for the creation of enterprise zones for certain tax treatment purposes; to provide for the submission of this amendment for ratifica tion or rejection.
HB 29. By Representative Parham of the 122nd:
A bill to amend Code Section 42-4-13 of the Official Code of Georgia Annotated, relating to the possession of drugs, weapons, or alcohol by inmates of a jail, so as to provide that it shall be unlawful for any person to come inside the guard lines established at any jail with, or to give or have delivered to an inmate of a jail, any alcoholic beverage, controlled substance, dangerous drug, or any marijuana in a quantity of one ounce or less, or any gun, pistol, or other dangerous weapon.
HB 30. By Representative Parham of the 122nd:
A bill to amend Code Section 42-4-7 of the Official Code of Georgia Annotated, relating to maintenance of inmate records by the sheriff and good-time al lowances, so as to change the provisions relating to the inmate records main tained by the sheriff and the inspection of such records.
HB 47. By Representative Poston of the 3rd:
A bill to amend Part 1 of Article 3 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to wiretapping, eavesdropping, and surveillance, so as to provide that a child under the age of 18 years may consent to the record ing and divulging of any conversation to which such child is a party to such conversation.
HB 63. By Representative Dover of the 9th:
A bill to amend Code Section 43-50-32 of the Official Code of Georgia Annotated, relating to certain acts which are not prohibited by certain laws regulating the practice of veterinary medicine, so as to provide that such laws shall not be con strued to prohibit any person performing any embryo transfer process.
HB 138. By Representative Wall of the 82nd:
A bill to amend Code Section 16-12-103 of the Official Code of Georgia Anno tated, relating to the sale or distribution of harmful materials to minors, so as to make it unlawful to sell or loan for monetary consideration or otherwise furnish

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or disseminate to a minor through a computer or computer network certain sex ual materials which are harmful to minors or the advertisement of the means of procurement of such sexual materials which are harmful to minors.
HB 143. By Representatives Thomas of the 100th, Chambless of the 163rd and Hammond of the 32nd:
A bill to amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to provide for the creation and funding of alternative dispute resolu tion programs in each county of this state.
HB 232. By Representative Perry of the llth:
A bill to amend Code Section 42-4-71 of the Official Code of Georgia Annotated, relating to deduction of costs from an inmate's account for destruction of prop erty, medical treatment, and other causes, so as to provide that all sums collected from an inmate for medical treatment shall be reimbursed to the inmate if such inmate is innocent of all charges for which the inmate was being held.
HB 327. By Representative Reichert of the 126th: A bill to amend Article 3 of Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to civil proceedings in magistrate courts, so as to change the provisions relating to default judgments and the appeal process.
HB 511. By Representatives Smith of the 174th, Jamieson of the 22nd, Mueller of the 152nd and Moore of the 113th:
A bill to amend Code Section 19-7-3 of the Official Code of Georgia Annotated, relating to original actions or interventions for visitation rights by grandparents, so as to provide that such action or intervention may be brought when a child is adopted by a stepparent.
The President called for the morning roll call, and the following Senators answered to their names:

Abernathy Alien Balfour Baugh Blitch Boshears Broun of 46th BBDruorwtonn of 26th CClhaeyeks Coleman
Crotts Dawkins Day Dean Edge Egan

Farrow Garner Gillis Glanton Gochenour Harbison Henson HHIToilol ki s HIsuakgsgoinns Kemp
Langford of 35th Langford of 29th Madden Marable Middleton Newbill

Those not answering were Senators:

Bowen

Hemmer

Oliver Parrish Perdue Pollard Ragan of llth Ragan of 32nd p ,,R,, o,b.inson STMlotnm Starr Taylor Thomas Thompson Turner Tysinger Walker
Ralston

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The Lieutenant Governor led the Senators in the Pledge of Allegiance to the Flag of the United States of America.
Senator Clay of the 37th introduced the chaplain of the day, Reverend Scott May, Rec tor of Saint James Episcopal Church, Marietta, Georgia, who offered scripture reading and prayer.
The following resolutions of the Senate were read and adopted:
SR 241. By Senator Abernathy of the 38th: A resolution recognizing Mr. William R. Klopp.
SR 253. By Senator Harbison of the 15th: A resolution honoring Mrs. Lois Stringer Bryan.
SR 254. By Senator Thomas of the 10th: A resolution recognizing Robert L. Newton.
SR 255. By Senator Ray of the 19th: A resolution congratulating Mr. and Mrs. Zellner David Norris on the occasion of their 50th wedding anniversary.
SR 256. By Senators Coleman of the 1st, Alien of the 2nd, Boshears of the 6th and others: A resolution expressing appreciation to Honorable Downing Musgrove.
SR 257. By Senators Thomas of the 10th, Glanton of the 34th and Starr of the 44th: A resolution recognizing Anita Reeves on the occasion of her retirement.
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 4, 1993
THIRTY-FIRST LEGISLATIVE DAY (The names listed with each bill are the Senators whose districts are affected by the legislation.)
SB 338 Thompson, 33rd Glanton, 34 CITY OF AUSTELL Provides a new charter for the City of Austell; changes the qualifications; provides for residency requirements.
SB 353 Middleton, 50th RABUN COUNTY Creates a board of commissioners of Rabun County; appointment of supervi sor of roads; board sets compensation.

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971

SB 354 Thompson, 33rd Glanton, 34th CITY OF AUSTELL Increases the amount of homestead exemption from City of Austell ad valorem taxes; provides that exemption shall apply to municipal taxes.
*HB 557 Thompson, 33rd Ragan, 32nd Isakson, 21st Clay, 37th Abernathy, 38th COBB COUNTY Marietta Coliseum and Exhibit Hall Authority; members; residency; ethics code; facility name. (AMENDMENT)
*HB 735 Broun, 46th ATHENS-CLARKE COUNTY Provides for Board of Elections and Registration; reorganizes Board defining its powers and duties. (SUBSTITUTE)
*HB 843 Cheeks, 23rd Walker, 22nd AUGUSTA-RICHMOND COUNTY Creates Augusta-Richmond County Coliseum and Stadium Authority; mem bership; terms; powers; managers; minority participation. (SUBSTITUTE)
HB 872 Madden, 47th CITY OF COMMERCE Creates a new charter for the City of Commerce; selection of school superin tendent and term of service.
HB 874 Baugh, 25th HANCOCK COUNTY Provides for office of Sheriff; personnel; compensation; furnished motor vehi cles.
HB 899 Ragan, llth CITY OF BACONTON Creates a new charter for the City of Baconton; Mayor and Council elections; districts; terms; vacancies; taking of office.
The amendments and substitutes to the following bills were put upon their adoption:
*HB 557:
The Senate Committee on Urban and County Affairs offered the following amendment:
Amend HB 557 by striking lines 12 through 20 of page 1 in their entirety and inserting in lieu thereof the following:
" 'Section 3.1. (a) It is the expressed intention of the General Assembly to ensure that the word "Cobb" is a permanent part of the name and promotion of any facility financed

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JOURNAL OF THE SENATE

and operated by the authority. It is not the intention of the General Assembly to invalidate any name used or established in the materials or agreements for the underwriting or sale of bonds for the financing of any facility utilizing the authority.
(b) The authority shall include the word "Cobb" in the name and logo of any facility financed and operated by the authority and in any other marketing media in which such a facility is advertised or promoted. The word "Cobb" may not be preceded in the name or logo of any such facility by the name of any other county or municipality.'"
On the adoption of the amendment, the yeas were 49, nays 0, and the amendment was adopted.
*HB 735:
The Senate Committee on Urban and County Affairs offered the following substitute to HB 735:
A BILL
To be entitled an Act to create the Athens-Clarke County Board of Elections and Re gistration; to provide for a definition; to empower said board with the powers and duties of the election superintendent relating to the conduct of elections; to empower said board with the powers and duties of the board of registrars relating to the registration of voters and absentee balloting procedures; to provide for the qualifications and terms of the members of said board; to provide a method for the appointment, resignation, and removal of its mem bers; to provide for a chairperson, clerical assistants, and other employees; to provide for compensation for the members and employees of said board; to provide for other matters relative to the foregoing; to repeal a prior local Act; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. As used in this Act, the term "board" means the Athens-Clarke County Board of Elections and Registration.
Section 2. Pursuant to authorization contained in subsection (b) of Code Section 21-240 of the 0. C. G. A., there is created the Athens-Clarke County Board of Elections and Registration.
Section 3. (a) The board shall be comprised of five members.
(b) The persons serving on the effective date of this Act as members of the board of elections and registration in Clarke County pursuant to the provisions of an Act creating a board of elections and registration in Clarke County, approved March 12, 1984 (Ga. L. 1984, p. 3946), hereinafter referred to in this Act as the 1984 Act, shall continue to serve out their terms of office and until their respective successors are appointed and qualified.
(c) Upon the expiration of the terms of the two members who were appointed by the chairpersons of the county executive committees of the political parties pursuant to the 1984 Act, their successors shall be appointed for terms of four years each with one member being appointed by the chairman of the county executive committee of the political party whose candidates received the largest number of votes in this state for members of the General Assembly at the last preceding general election and with one member being ap pointed by the chairperson of the county executive committee of the political party whose candidates received the next largest number of votes in this state for members of the Gen eral Assembly at the last preceding general election. Such appointments by the chairpersons shall be ratified by a majority of the members of the respective county executive committees of those political parties voting at a meeting duly called and held for that purpose; provided, however, in the event that the members of such executive committees shall fail to elect any such member of the board within 30 days of the expiration of the term of the predecessor in

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973

office, such members shall be appointed by the governing authority of Athens-Clarke County.
(d) Upon the expiration of the terms of office of the three members who were appointed by the county governing authority pursuant to the 1984 Act, two successors shall be ap pointed for terms of four years each by the county governing authority.
(e) The fifth member shall be designated the supervisor of registration and elections and shall be nominated by the manager of Athens-Clarke County and approved by the gov erning authority of Athens-Clarke County. This member shall be the administrator and chairperson of the board, shall carry out duties of voter registration and elections, shall be a full-time employee of Athens-Clarke County, and shall serve at the pleasure of the gov erning authority of Athens-Clarke County.
(f) Upon the appointment of a member, the chairperson of the county executive com mittee of the political party or the governing authority, as the case may be, shall file an affidavit with the clerk of Superior Court of Athens-Clarke County, no later than 30 days preceding the date at which such member is to take office, stating the name and residential address of the person appointed certifying that such member has been duly appointed as provided in this Act. The clerk of the superior court of Athens-Clarke County shall record each of such certifications on the minutes of the court and shall certify the name of each such member to the Secretary of State and shall provide for the issuance of appropriate commissions to the members within the same time and in the same manner as provided by law for registrars.
(g) The person serving on the effective date of this Act as chairperson of the board of elections in Clarke County, pursuant to the provisions of the 1984 Act, shall continue to serve in that capacity until the expiration of such person's term and the appointment of such person's successor pursuant to subsection (e) of this section.
Section 4. (a) Any elector and resident of Athens-Clarke County shall be eligible for membership on the board of except that no person who holds elective public office shall be eligible during the term of such elective office and the position of any member shall be deemed vacant upon such member's qualifying as a candidate for elective public office.
(b) Each member of the board shall take substantially the same oath as required by law for registrars before entering upon such member's duties. Each member shall have the same privileges from arrest provided by law for registrars.
Section 5. (a) In the event a vacancy occurs in the office of any appointed member of the board before the expiration of such member's term, whether by removal, death, resigna tion, or otherwise, the respective appointing authority shall, within 90 days following such vacancy, appoint a successor to serve the remainder of the unexpired term. The clerk of the Superior Court of Athens-Clarke County shall be notified of any such interim appointments and shall record and certify such appointments in the same manner as the regular appoint ment of members.
(b) In the event the chairperson of either of the county executive committees of the political parties shall fail to make a regular appointment within the time specified in Section 2 of this Act or to make an interim appointment within the time specified in subsection (a) of this section, the governing authority of Athens-Clarke County shall make such appoint ment. Any member wishing to resign shall give written notice thereof to the respective ap pointing authority and shall file a copy thereof with the clerk of the Superior Court of Ath ens-Clarke County.
(c) All members shall be subject to removal from the board at any time for cause after notice and hearing, in the same manner and by the same authority as provided for removal of registrars.
Section 6. (a) The board shall be empowered with all the powers and duties of election superintendents relating to the conduct of primaries and elections pursuant to the provi sions of Title 21 of the O.C.G.A.

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(b) The board is empowered with all the powers and duties of the board of registrars relating to the registration of voters and absentee balloting procedures pursuant to the pro visions of Title 21 of the O.C.G.A.
(c) This Act is intended to implement the provisions of subsection (b) of Code Section 21-2-40 of the O.C.G.A., and shall be construed liberally so as to effectuate that purpose.
Section 7. Compensation for members of the board and its employees and clerical as sistants shall be fixed by the governing authority of Athens-Clarke County and shall be paid from funds of Athens-Clarke County. The governing authority of Athens-Clarke County shall provide the board with such proper and suitable offices and with such clerical assist ants and other employees as such governing authority shall deem appropriate.
Section 8. The supervisor of registration and elections of the board shall be the chief executive officer and shall generally supervise, direct, and control the administration of the affairs of the board pursuant to law and pursuant to duly adopted resolutions of the board. The board shall fix and establish, by appropriate resolution entered on its minutes, direc tives governing the execution of matters within its jurisdiction.
Section 9. The board shall have the authority to contract with any municipal corpora tion located within Athens-Clarke County for the holding by the board of any primary or election to be conducted within the municipal corporation.
Section 10. This Act is intended to continue in existence as nearly as possible the board of elections and registration in Clarke County created by the 1984 Act and the provisions of this Act shall be construed accordingly.
Section 11. An Act creating a board of elections and registration in Clarke County, approved March 12, 1984 (Ga. L. 1984, p. 3946), is repealed in its entirety.
Section 12. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 49, nays 0, and the substitute was adopted.
*HB 843:
The Senate Committee on Urban and County Affairs offered the following substitute to HB 843:
A BILL
To be entitled an Act to amend an Act creating the Augusta-Richmond County Coli seum Authority, approved April 17, 1973 (Ga. L. 1973, p. 3042), as amended, so as to pro vide for appointment and terms of office of new members and their successors; to provide for powers of the vice chairman; to provide for a quorum; to provide for certain reports; to provide for the selection, compensation, and regulation of a general manager; to provide for term limitations; to provide for rules and regulations; to provide for a spending cap; to pro vide for disposition of excess revenue; to authorize a minority business enterprise participa tion plan; to provide for compliance notification with respect thereto; to prohibit elected officials from doing business with the Authority; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act creating the Augusta-Richmond County Coliseum Authority, ap proved April 17, 1973 (Ga. L. 1973, p. 3042), as amended, is amended by striking subsection (a) of Section 2 and inserting in its place a new subsection (a) to read as follows:
"(a) There is created a body corporate and politic to be known as the Augusta-Rich mond County Coliseum Authority, and which shall be deemed to be a political subdivision of the State of Georgia and a public corporation and by that name, style, and title said body may contract and be contracted with, sue and be sued, implead and be impleaded, complain

THURSDAY, MARCH 4, 1993

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and defend in all courts of law and equity. The Authority shall consist of 12 members to be appointed as follows:
(1) The board of commissioners of Richmond County shall appoint four members. Two members shall be appointed for initial terms of two years and subsequent terms of three years. Two members shall be appointed for initial terms of four years and subsequent terms of three years;
(2) The governing authority of the City of Augusta shall appoint four members. Two members shall be appointed for initial terms of two years and subsequent terms of three years. Two members shall be appointed for initial terms of four years and subsequent terms of three years; and
(3) The members of the General Assembly representing all or a portion of Richmond County shall appoint four members. Two members shall be appointed for initial terms of two years and subsequent terms of three years. Two members shall be appointed for initial terms of four years and subsequent terms of three years.
The initial members shall be appointed for terms of office as specified in paragraphs (1), (2), and (3) of this subsection, commencing on April 1, 1993, and shall serve until their succes sors are appointed and qualified. All successors to the initial members shall be appointed for terms of office of three years and shall serve until their successors are appointed and quali fied. No member shall be authorized to serve more than two consecutive terms of office. The members in office on January 1, 1993, shall not serve until the regular expiration of the terms to which such members were appointed and the terms of such members shall expire on March 31, 1993. All members of the Authority shall be residents of the area governed by the governing body which shall appoint them."
Section 2. Said Act is further amended by striking subsection (c) of Section 2 and in serting in its place a new subsection (c) to read as follows:
"(c) The chairman, vice chairman, secretary, and treasurer shall serve for a period of one year and until their successors are appointed and qualified. Seven members of the Au thority shall constitute a quorum. The vice chairman shall have voting power on all commit tees of the authority during his term as vice chairman."
Section 3. Said Act is further amended by striking subsection (g) of Section 2 and in serting in its place new subsections (g) through (1) to read as follows:
"(g) The Authority shall make rules and regulations for its own government. It shall have perpetual existence.
(h) The members of the Authority shall serve without compensation provided that all members shall be reimbursed for this actual expenses necessarily incurred in the perform ance of their duties.
(i) The governing authority of the City of Augusta, the governing authority of Rich mond County, and the members of the General Assembly representing all or a portion of Richmond County shall be furnished by the Authority with a quarterly financial report which shall include separate itemizations for tax revenue, revenue generated from perform ances, financial projections for the next two years, and any major renovation or upkeep project exceeding $10,000.00.
(j) The Authority shall only hire a general manager to perform such duties as shall be specified by the Authority on the basis of a two-year contract. The performance of the gen eral manager shall be reviewed annually and the general manager's salary shall be a fixed figure on an annual basis.
(k) Every three years the Authority shall, upon review, set a spending cap equivalent to the highest operating costs during any of the three previous fiscal years. All revenue re ceived by the Authority above the spending cap required by this subsection shall be used to reduce Richmond County ad valorem taxes.
(1) The authority shall make any rules and regulations it deems necessary as to the

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issuance of discounted tickets for use by nonprofit organizations as defined in Section 501(c) of the Internal Revenue Code, as amended."
Section 4. Said Act is further amended by adding a new section immediately following Section 4 to be designated Section 4A, to read as follows:
"Section 4A. The Authority, in considering whether a contracting party for a project is responsible, may consider the contracting party's quality of work, general reputation in the community, financial responsibility, previous employment on public works, and compliance with a minority business enterprise participation plan or making a good faith effort to com ply with the goals of such a plan. The members of the Authority shall notify annually their respective appointing bodies of efforts to comply with the goals of such a plan."
Section 5. Said Act is further amended by adding a new section immediately following Section 4A, to be designated Section 4B, to read as follows:
"Section 4B. It shall be unlawful for any elected public official for himself or herself or on behalf of any business or for any business in which such official has a substantial interest to transact any business with the Authority. Nothing in this section shall be construed to prohibit any member of an elected official's family from transacting business with the Authority."
Section 6. All laws and parts of laws in conflict with this Act are repealed.

Senators Cheeks of the 23rd and Ragan of the 32nd offered the following amendment:

Amend the substitute to HB 843 offered by the Senate Committee on Urban and County Affairs by striking from lines 9 and 10 of page 1 the following:
"to provide for a spending cap; to provide for disposition of excess revenue;". By striking lines 7 through 12 of page 4 in their entirety. By redesignating subsection (1) as subsection (k) on line 13 of page 4.

On the adoption of the amendment, the yeas were 49, nays 0, and the amendment was adopted.

On the adoption of the substitute, the yeas were 49, nays 0, and the substitute was adopted as amended.

The report of the committee, which was favorable to the passage of the bills as re ported, was agreed to as amended.

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

Those voting in the affirmative were Senators:

Abernathy Balfour Baugh Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Clay Coleman Crotts

Dawkins Day Dean Egan Farrow Gillis Glanton Gochenour Harbison Hemmer Henson Hill

Hooks Huggins Isakson Langford of 35th Langford of 29th Madden Marable Middleton Newbill Oliver Parrish Perdue

THURSDAY, MARCH 4, 1993

977

Pollard Ragan of llth Ragan of 32nd Ralston
Ray

Robinson Scott
Slotm Thomas

Thompson Turner
Tysmger Walker

Those not voting were Senators:

Alien Cheeks Edge

Garner Kemp

Starr Taylor

On the passage of all the local bills, the yeas were 49, nays 0.

All the bills on the Senate Local Consent Calendar, except HB 557, HB 735 and HB 843, having received the requisite constitutional majority, were passed.

HB 557, having received the requisite constitutional majority, was passed as amended.

HB 735 and HB 843, having received the requisite constitutional majority, were passed by substitute.

SENATE RULES CALENDAR
Thursday, March 4, 1993
THIRTY-FIRST LEGISLATIVE DAY
HB 116 Special License Plate--issue to motor vehicle distributors (Trans--41st) HB 254 Public Records Disclosure--certain archival records exempt (Judy--42nd) HB 224 Water Well Contractors--continuing education (Nat R--20th) SB 149 State, School Forms Requesting Information--include "multiracial" (Amend
ment) (Gov Op--38th) SR 21 Atlanta Campaign Commission--create (EDT&C--21st) SB 260 Privatization Review Commission--create (Amendment) (Approp--45th) HB 308 Outdoor Advertising Signs--judicial review of Department of Transportation de
cision (Trans--1st) HB 298 Elections--revise duties of State Election Board (Substitute) (S Judy--28th) SB 264 Insurance Commissioner--promulgate rules for enforcing Title 33 (Amendment)
(I&L--19th) HB 522 Public Records Inspection--certain information collected for studies not subject
(H Ed--18th) HB 223 Coroners--annual training courses (Pub Saf--23rd) SB 245 Driver's License--exempt 15 year olds taking driver education course (Substi
tute) (Pub Saf--55th) SR 226 Fulton County--lease of certain state property (F&PU--14th) HB 316 Teachers Retirement--delete reference to appointed boards of education
(Ret--4th) HB 540 Insurance Counselors--separate transaction regarding fees received (I&L--24th) SR 208 Cobb County--easement for transportation thoroughfare (F&PU--37th) SR 128 Board of Regents--urge foreign language credit for sign language (H Ed--5th) SB 224 Theft--offense of trade secret misappropriation (Substitute) (ST&I--41st)

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SR 233 Cobb County--conveyance of state property, acceptance of Cobb property (F&PU--33rd)
HB 568 Temporary Insurance Coverage to Local Public Entity--pendency of certain ap peals (I&L--23rd)
SR 156 Ellis G. Arnall Tribute Commission--create (Rules--42nd)
SB 65 Peace Officer, Prosecutor Training Funds--disbursements (Pub Saf--37th)
HB 349 Labor Department--supplemental appropriation (Approp--45th)
HB 228 Water Pollution--county with sludge land application site (Nat R--18th)
HB 300 Education--implement changes required which provide for elected boards, ap pointed superintendents (Substitute) (Ed--36th)
HB 502 Sheriffs' Retirement Fund--postretirement benefit increases (Ret--16th)
Respectfully submitted, /s/ George Hooks of the 14th, Chairman
Senate Rules Committee
The following bills and resolution of the House and Senate, favorably reported by the committees were read the third time and put upon their passage:

HB 116. By Representatives Harris of the 112th, Parham of the 122nd and Powell of the 23rd:
A bill to amend Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of vehicles, so as to provide for issuance of special license plates to motor vehicle distributors.

Senate Sponsor: Senator Tysinger of the 41st.

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

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

Those voting in the affirmative were Senators:

Abernathy Alien Balfour
Baugh Blitch Boshears

Garner Glanton Gochenour
Harbison Hemmer Henson

Newbill Oliver Parrish
Perdue Pollard Ragan of llth

nBrou6nn otf A46^th BBruorwtonn of 26th Cheeks Clay Coleman Crotts Dawkins Dean Edge

Huil1 i "upksms Isakson Kemp Langford of 35th Langford of 29th Madden Marable Middleton

Ro agi a*n of 32nd ^*"als.ton Robinson Scott Slotin Thomas Thompson Turner Tysinger

Those not voting were Senators:

Day Egan Farrow

Gillis Starr

Taylor Walker

THURSDAY, MARCH 4, 1993

979

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

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

HB 254. By Representatives McBee of the 88th, Scoggins of the 24th, Heard of the 89th and others:
A bill to amend Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to when public disclosure of public records is not required, so as to pro vide that certain archival records shall be exempt from public disclosure; to pro vide that such disclosure shall not extend beyond 75 years from the date of dona tion or sale.
Senate Sponsor: Senator Oliver 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:

Abernathy Alien Balfour Baugh Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cheeks Clay Coleman Crotts Dawkins Day

Dean Edge Egan Farrow Garner Glanton Gochenour Harbison Hill Hooks Huggins Isakson Kemp Langford of 35th Langford of 29th Madden

Marable Middleton Newbill Oliver Perdue Pollard Ragan of llth Ragan of 32nd Ralston Robinson Scott Slotin Thomas Thompson Turner Tysinger

Those not voting were Senators:

Gillis Hemmer Henson

Parrish Ray Starr

Taylor Walker

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

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

HB 224. By Representatives Lane of the 146th and Floyd of the 138th:
A bill to amend Code Section 12-5-127 of the Official Code of Georgia Annotated, relating to the licensing of water well contractors, so as to provide for a program of continuing education.
Senate Sponsor: Senator Gillis of the 20th.

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JOURNAL OF THE SENATE

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

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

Those voting in the affirmative were Senators:

Abernathy Alien Balfour Baugh Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cheeks Clay Coleman Crotts Day Edge

Egan Farrow Garner Gillis Glanton Harbison Hemmer Hooks Huggins Isakson Kemp Langford of 29th Madden Marable Middleton Newbill

Oliver Perdue Pollard Ragan of llth Ragan of 32nd Ralston Ray Robinson Slotin Starr Taylor Thomas Thompson Turner Tysinger Walker

Those voting in the negative were Senators:

Dean

Gochenour

Langford of 35th

Those not voting were Senators:

Dawkins Henson

Hill Parrish

Scott

On the passage of the bill, the yeas were 48, nays 3.

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

SB 149. By Senator Abernathy of the 38th:
A bill to amend Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to state printing and documents, so as to require all state agencies to include the classification "multiracial" on all forms requesting information on racial identification; to amend Chapter 2 of Title 20 of the Official Code of Geor gia Annotated, relating to elementary, secondary, and adult education, so as to require all public schools to include the classification "multiracial" on all school forms requesting information on racial identification.

The Senate Committee on Governmental Operations offered the following amendment:

Amend SB 149 by adding on line 16 of page 2 between the word "document" and the word "described" the following:
"or computer software".
By striking from line 9 of page 3 the following: "questionnaries,",

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981

and inserting in lieu thereof the following:
"questionnaires,". By adding on line 17 of page 3 between the word "document" and the word "described" the following:
"or computer software". By adding on line 8 of page 4 between the word "document" and the word "described" the following:
"or computer software".

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

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

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

Those voting in the affirmative were Senators:

Abernathy Alien Balfour Baugh Blitch Boshears Bowen Broun of 46th Brown of 26th Burton
PVV^nloccoKlrSc
Clay Coleman Crotts Dawkins Day Dean Edge

Egan Farrow Gillis Glanton Gochenour Harbison Hemmer Henson Hill Hooks Huggins Isakson Kemp Langford of 35th Langford of 29th Madden Marable

Middleton Newbill Oliver Parrish Perdue Pollard Ragan of llth Ragan of 32nd Ralston Ray Robinson Slotin Starr Taylor Thomas Thompson Turner

Those not voting were Senators:

Garner Scott

Tysinger

Walker

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

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

SR 21. By Senators Isakson of the 21st, Garner of the 30th, Thompson of the 33rd and Clay of the 37th:
A resolution creating the Atlanta Campaign Commission.

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

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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:

Abernathy Alien Balfour
Baugh Blitch Boshears
DBrOoWu6nn o*f 4.^6tuh BBruorwtonn of 26th Cheeks Ciay Coleman Crotts Dawkins Day Dean Edge Egan

Farrow Garner Gillis
Glanton Gochenour Harbison
HHeenmsmoner ,,S.',,11 , Hooks Huggins Isakson KemP Langford of 35th Langford of 29th Madden Marable Middleton

Newbill Oliver Parrish
Perdue Pollard Ragan of llth
RRaaglsatnonof 32nd nay Robinson Slotm Starr Taylor Thomas Thompson Turner Tysinger Walker

Not voting was Senator Scott.

On the adoption of the resolution, the yeas were 55, nays 0.

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

SB 260. By Senator Dawkins of the 45th:
A bill to amend Title 50 of the Official Code of Georgia Annotated, so as to create the Privatization Review Commission; to provide for the powers, duties, and authority of such commission; to provide for members; to provide for terms of office, vacancies, and meetings; to provide for procedures; to provide for other matters relative to the foregoing; to provide an effective date.

The Senate Committee on Appropriations offered the following amendment:
Amend SB 260 as follows:
On page 4, line 9, change "three members" to "one member";
On page 4, line 11 change "two members" to "three members"; and
On page 4, line 13 change "two members" to "three members".
On the adoption of the amendment offered by the Senate Committee on Appropria tions, the yeas were 0, nays 38, and the amendment was lost.
Senator Baugh of the 25th offered the following amendment:
Amend SB 260 by striking lines 26 through 30 of page 5 and inserting in its place the following:
50-28-6. No functions of any state agency shall be transferred to any private sector entity"which does not provide to its employees the following benefits comparable to those offered through the State Merit System to state employees and their dependents and survi vors. Such benefits should specifically include: Retirement, pension, disability, medical and hospitalization benefits, through the purchase of insurance or otherwise; Life insurance cov erage and coverage under federal old age and survivors' insurance programs; Sick leave,

THURSDAY, MARCH 4, 1993

983

annual leave, and holiday leave; and any other similar benefits, including, but not limited to, death benefits;
50-28-7. No functions of any state agency shall be transferred to any prvivate sector entity"which has not adopted personnel policies and practices with specific references to job descriptions, qualifications, graduated, longevity-based salary schedules, job protection, and grievance and hearing procedures comparable to those established by the State Personnel Board Rules and Regulations.
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

Senator Dawkins of the 45th asked the President to rule on the germaneness of the amendment offered by Senator Baugh of the 25th to SB 260, and the President ruled that the amendment was germane.

On the adoption of the amendment offered by Senator Baugh of the 25th, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Alien Baugh Blitch Boshears

Cheeks Harbison Hill Langford of 35th

Perdue Slotin Thomas Walker

Those voting in the negative were Senators:

Abernathy Balfour Bowen Broun of 46th
Bluaryton
Coleman CDraowttksins
Day Dean Edge Egan Farrow

Garner Gillis Glanton Gochenour
HHoemokms er
Huggins IKsaekmspon
Langford of 29th Madden Marable Middleton Newbill

Oliver Parrish Pollard Ragan of llth
RRaaglsatnonof 32nd
,,Rob.inson
btarr Taylor Thompson Turner Tysinger

Those not voting were Senators:

Brown of 26th

Henson

Scott

On the adoption of the amendment, the yeas were 12, nays 41, and the amendment was lost.

Senators Taylor of the 12th, Brown of the 26th and Henson of the 55th offered the following amendment:

Amend SB 260 as follows: On page 4, line 6, change "seven members" to "nine members"; On page 4, line 11, change "two members" to "three members"; and

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JOURNAL OF THE SENATE

On page 4, line 13, change "two members" to "three members".

On the adoption of the amendment, the yeas were 47, 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:

Abernathy Balfour Blitch Boshears Bowen Broun of 46th Brown of 26th Burton PV>h1o1CoCVAoD
Clay Coleman Crotts Dawkins Day Dean Edge Egan

Farrow Garner Gillis Glanton Gochenour Hemmer Henson Hooks Huggins Isakson Kemp Langford of 29th Madden Marable Middleton Newbill

Oliver Parrish Perdue Pollard Ragan of llth Ragan of 32nd Ralston Ray Robinson Scott Slotin Starr Taylor Thompson Turner Tysinger

Those voting in the negative were Senators:

Alien Baugh

Harbison Hill

Walker

Not voting were Senators Langford of 35th and Thomas.

On the passage of the bill, the yeas were 49, nays 5.

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

Senator Broun of the 46th introduced Head Coach Ray Goff who briefly addressed the Senate and introduced the 1992 University of Georgia football team who were commended by SR 155, adopted previously.

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

HB 308. By Representatives Benefield of the 96th, Dixon of the 150th, Brooks of the 103rd and others:
A bill to amend Code Section 32-6-95 of the Official Code of Georgia Annotated, relating to the applicability of Chapter 13 of Title 50, the "Georgia Administra tive Procedure Act," to outdoor advertising signs, so as to specify time limits for judicial review of a Department of Transportation final agency decision.
Senate Sponsor: Senator Coleman of the 1st.

THURSDAY, MARCH 4, 1993

985

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

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

Those voting in the affirmative were Senators:

Abernathy Alien Balfour Baugh Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cheeks Clay Coleman Crotts Dawkins Day Dean

Edge Egan Farrow Garner Gillis Glanton Gochenour Harbison Hemmer Henson Hill Hooks Huggins Isakson Kemp Langford of 35th Madden

Marable Middleton Newbill Oliver Perdue Pollard Ragan of llth Ragan of 32nd Ralston Ray Robinson Scott Slotin Thomas Thompson Turner Tysinger

Those not voting were Senators:

Langford of 29th Parrish

Starr Taylor

Walker

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

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

HB 298. By Representatives Holmes of the 53rd, Cauthorn of the 35th, Canty of the 52nd and others:
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 Edge of the 28th.

The Senate Committee on Special Judiciary offered the following substitute to HB 298:

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 for additional powers, duties, and authority of such board with respect to violations of certain election laws or rules promulgated pursuant thereto; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. 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

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JOURNAL OF THE SENATE

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 h such party might proceed to seek any other remedy available to him that party under this chapter or any other provision of law;".
Section 2. Said title is further amended by adding a new Code section immediately following Code Section 21-2-33, to be designated Code Section 21-2-33.1, to read as follows:
"21-2-33.1. (a) The State Election Board is vested with the power to issue orders, after the completion of appropriate proceedings, directing compliance with this chapter or prohibiting the actual or threatened commission of any conduct constituting a violation, which order may include a provision requiring the violator:
(1) To cease and desist from committing further violations; and
(2) To pay a civil penalty not to exceed $1,000.00 for each violation of this chapter or for each failure to comply with any provision of this chapter or of any rule or regulation promulgated under this chapter.
(b) A civil penalty shall not be assessed against any person except after notice and hearing as provided by Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' In addition to the State Election Board, any contested case may be held before any repre sentative of such board who has been selected and appointed by such board for such pur pose. The amount of any civil penalty finally assessed shall be recoverable by a civil action brought in the name of the State Election Board. All moneys recovered pursuant to this Code section shall be deposited in the state treasury.
(c) The Attorney General of this state shall, upon complaint by the State Election Board, or may, upon the Attorney General's own initiative if after examination of the com plaint and evidence the Attorney General believes a violation has occurred, bring an action in the superior court in the name of the State Election Board for a temporary restraining order or other injunctive relief or for civil penalties assessed against any person violating any provision of this chapter or any rule or regulation duly issued by the State Election Board.
(d) Any action brought by the Attorney General to enforce civil penalties assessed against any person for violating the provisions of this chapter or any rule or regulation duly issued by the State Election Board or any order issued by the State Election Board ordering compliance or to cease and desist from further violations shall be brought in the superior court of the county of the residence of the party against whom relief is sought. Service of process shall lie in any jurisdiction within the state. In such actions, the superior court inquiry will be limited to whether notice was given by the State Election Board to the viola tor in compliance with the Constitution and the rules of procedure of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' Upon satisfaction that notice was given and a hearing was held pursuant to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' the superior court shall enforce the orders of the State Election Board and the civil penalties assessed under this chapter and the superior court shall not make independent inquiry as to whether the violations have occurred.
(e) In any action brought by the Attorney General to enforce any of the provisions of this chapter or of any rule or regulation issued by the State Election Board, the judgment, if in favor of the State Election Board, shall provide that the defendant pay to the State Election Board the costs, including reasonable attorneys' fees, incurred by the State Elec tion Board in the prosecution of such action."
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.

THURSDAY, MARCH 4, 1993

987

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:

Abernathy Balfour Baugh Blitch Boshears Bowen Brown of 26th Burton Cheeks Clay Coleman Crotts Dawkins Day Dean Edge Egan Farrow

Garner Gillis Glanton Gochenour Harbison Hemmer Henson Hill Hooks Huggins Isakson Kemp Langford of 35th Langford of 29th Madden Marable Middleton Newbill

Oliver Parrish Perdue Pollard Ragan of llth Ragan of 32nd Ralston Ray Robinson Scott Slotin Starr Taylor Thomas Thompson Turner Tysinger Walker

Not voting were Senators Alien and Broun of the 46th.

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

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

SB 264. By Senators Ray of the 19th and Pollard of the 24th:
A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to authorize the Commissioner of Insurance to promulgate rules and regulations necessary for the enforcement of Title 33; to provide that certain proceedings relating to the administrative supervision of an insurer shall be con fidential; to provide exceptions; to provide for the payment of the expenses of administrative supervision.

Senator Ray of the 19th offered the following amendment:

Amend SB 264 by striking lines 15 through 17 of page 7 in their entirety and inserting in lieu thereof the following:
"acquiring party's expense such independent contractors or outside experts as".

On the adoption of the amendment, the yeas were 42, nays 1, and the amendment was adopted.

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

988

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:

Abernathy Alien Balfour Baugh Blitch Boshears
nBroWuenn oft 4,,6thu BBruorwtonn of 26th Cheeks Qay Coleman Crotts Dawkins Day Dean Edge

Egan Farrow Garner Gillis Glanton Gochenour
Harbison
,,?.., . Huggms Isakson KemP Langford of 35th Langford of 29th Marable Middleton Newbill

Oliver Parrish Perdue Pollard Ragan of llth Ragan of 32nd
Ralston
RD ofb.inson Scott Slotin Starr Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Henson Hooks

Madden

Taylor

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 522. By Representatives Buck of the 135th, Thomas of the 100th, Groover of the 125th and others:
A bill to amend Article 4 of Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to inspection of public records, so as to provide that certain information collected by a state agency or institution of higher education in the conduct of a study or research publicly or privately supported on medical, scien tific, technical, scholarly or artistic issues is not subject to the provisions of said article.
Senate Sponsor: Senator Perdue of the 18th.
Senators Perdue of the 18th and Robinson of the 16th offered the following substitute to HB 522:
A BILL
To be entitled an Act to amend Article 4 of Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to inspection of public records, so as to provide that certain information collected by an institution of higher education in the conduct of a study or research publicly or privately supported on medical, scientific, technical, scholarly, or artis tic issues is not subject to the provisions of said article and that personally identifiable information pertaining to subjects participating in research on human subjects conducted by certain governmental agencies shall not be subject to said article; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 4 of Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to inspection of public records, is amended in Code Section 50-18-72, relating to

THURSDAY, MARCH 4, 1993

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records for which public disclosure is not required, by striking subsections (b) and (c) and inserting in place thereof new subsections (b) and (c) to read as follows:
"(b) This article shall not be applicable to my :
(1) Any trade secrets obtained from a person or business entity which are of a privileged or confidential nature and required by law to be submitted to a government agency or to data, records, or information of a proprietary nature, produced or collected by or for faculty or staff of state institutions of higher learning, or other governmental agencies, in the conduct of or as a result of, study or research on commercial, scientific, technical, or scholarly issues, whether sponsored by the institution alone or in conjunction with a govern mental body or private concern, where such data, records, or information has not been pub licly released, published, copyrighted, or patented? ; or
(2) Any data, records, or information developed, collected, or received by or on behalf of faculty, staff, employees, or students of an institution of higher education or any public or private entity supporting or participating in the activities of an institution of higher educa tion in the conduct of, or as a result of, study or research on medical, scientific, technical, scholarly or artistic issues, whether sponsored by the institution alone or in conjunction with a governmental body or private entity until such information is published, patented, other wise publicly disseminated, or released to any agency whereupon the request must be made to the agency. This subsection applies to, but is not limited to, information provided by participants in research, research notes and data, discoveries, research projects, methodolo gies, protocols, and creative works.
This limitation These limitations shall not be interpreted by any court of law to include or otherwise exempt from inspection the records of any athletic association or other nonprofit entity promoting intercollegiate athletics.
(c) (1) All public records of hospital authorities shall be subject to this article except for those otherwise excepted by this article or any other provision of law.
(2) All state officers and employees shall have a privilege to refuse to disclose the iden tity or personally identifiable information of any person who haa furniahcd medical partici pating in research on commercial, scientific, technical, medical, scholarly, or artistic issues conducted by or similar information which has or will become incorporated into any medical or public health investigation, study, or report of the Department of Human Resources or a state institution of higher education whether sponsored by the institution alone or in con junction with a governmental body or private entity. Personally identifiable information shall mean any information which if disclosed might reasonably reveal the identity of such person including but not limited to the person's name, address, and social security number. The identity of such informant shall not be admissible in evidence in any court of the state unless the court finds that the identity of the informant already has been disclosed otherwise."
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.
The President announced that, pursuant to Senate Rule 143, consideration of HB 522 would be suspended and placed on the Senate General Calendar.

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JOURNAL OF THE SENATE

HB 223. By Representative Parham of the 122nd:
A bill to amend Chapter 16 of Title 45 of the Official Code of Georgia Annotated, relating to coroners, so as to change the provisions relating to the participation by coroners and deputy coroners in an annual training course.
Senate Sponsor: Senator Cheeks of the 23rd.
Senators Garner of the 30th, Dean of the 31st and Edge of the 28th offered the follow ing substitute to HB 223:
A BILL
To be entitled an Act to amend Part 3 of Article 1 of Chapter 18 of Title 43 of the Official Code of Georgia Annotated, relating to licenses for funeral directors and embalmers, so as to provide that the State Board of Funeral Service shall be authorized to require continuing education for embalmers and funeral directors; to provide for related matters; to amend Chapter 16 of Title 45 of the Official Code of Georgia Annotated, relating to coro ners, so as to change the provisions relating to the participation by coroners and deputy coroners in an annual training course; to change the provisions relating to annual training requirements for certified coroners; to provide for training as determined by the Georgia Coroner's Training Council in its rules and regulations; to provide an effective date; to re peal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Part 3 of Article 1 of Chapter 18 of Title 43 of the Official Code of Georgia Annotated, relating to licenses for funeral directors and embalmers, is amended by inserting at the end thereof the following:
"43-18-55. (a) Beginning in 1994, the board is authorized to require as a requirement for the renewal of an embalmer's license the completion of not more than 16 hours of continu ing education courses approved by the board biennially. The board may waive such require ment in cases of disability or illness or under such other conditions as the board deems appropriate.
(b) An embalmer who is also licensed as a funeral director and who complies with any continuing education requirement required for the renewal of a funeral director's license shall not be required to complete any continuing education courses for the renewal of his or her embalmer's license.
43-18-56. (a) Beginning in 1994, the board is authorized to require as a requirement for the renewal of a funeral director's license the completion of not more than 16 hours of continuing education courses approved by the board biennially. The board may waive such requirement in cases of disability or illness or under such other conditions as the board deems appropriate.
(b) A funeral director who is also licensed as an embalmer and who complies with any continuing education requirement required for the renewal of an embalmer's license shall not be required to complete any continuing education courses for the renewal of his or her funeral director's license."
Section 2. Chapter 16 of Title 45 of the Official Code of Georgia Annotated, relating to coroners, is amended by striking in its entirety Code Section 45-16-6, relating to the partici pation by coroners and deputy coroners in an annual 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 th a training course of at least 16 hours provided by the Georgia Police Academy approved by the Geor gia Coroner's Training Council pursuant to Code Section 45-16-66. Any coroner or deputy coroner taking the approved training course required by thia Code scetfeft provided by the Georgia Police Academy shall receive the same expense allowance per day as that received

THURSDAY, MARCH 4, 1993

991

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 automo bile and registration fees for such training course. Such expense allowance and reimburse ments 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 train ing by sickness or other providential cause, the requirement of training for that year may be waived by the Georgia Coroner's Training Council."
Section 3. Said chapter is further amended by striking in its entirety subsection (a) of Code Section 45-16-66, relating to the annual training requirement for certified coroners, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) In order to maintain the status of a certified coroner, each person certified as such shall complete 24 hours of such additional training per annum during each year in which he or she serves as coroner; as provided in Code Section 46 16 6, by the Georgia Coroner's Training Council in its rules and regulations, but such training course shall not be less than 16 hours per year. Each coroner and deputy coroner and shall file a certificate of additional training with the Board of Public Safety such council."
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 43, nays 0, and the substitute was adopted.
The President announced that, pursuant to Senate Rule 143, consideration of HB 223 would be suspended and placed on the Senate General Calendar.
The President announced that the Senate would stand in recess from 12:10 o'clock P.M. until 1:30 o'clock P.M.
At 1:30 o'clock P.M., Senator Garner of the 30th, President Pro Tempore, called the Senate to order.
The following general bill of the Senate, favorably reported by the committee, was read the third time and put upon its passage:
SB 245. By Senator Henson of the 55th:
A bill to amend Code Section 40-5-21 of the Official Code of Georgia Annotated, relating to exemptions from driver's license requirements, so as to exempt per sons 15 years of age or over while taking instruction from a licensed driving in structor or a certified high school driver education instructor; to provide for use of dual control vehicles; to require insurance; to provide for eyesight examina tions; to provide for an effective date.
The Senate Committee on Public Safety offered the following substitute to SB 245:
A BILL
To be entitled an Act to amend Code Section 40-5-21 of the Official Code of Georgia Annotated, relating to exemptions from driver's license requirements, so as to exempt per sons 21 years of age or over while taking instruction from a licensed driving instructor; to prohibit interstate driving by such persons; to provide for required equipment for such vehi cles; to require insurance; to provide for eyesight examinations; to provide for reports; to provide for an effective date; to provide for automatic repeal; to repeal conflicting laws; and for other purposes.

992

JOURNAL OF THE SENATE

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 40-5-21 of the Official Code of Georgia Annotated, relating to exemptions from driver's license requirements, is amended by striking from the end of para graph (9) of subsection (a) the word "and", by striking the period at the end of paragraph (10) and inserting in lieu thereof "; and" and by inserting a new paragraph (11) to read as follows:
"(11) Any resident or nonresident who is 21 years of age or over while taking actual incar training in a training vehicle under the direct personal supervision of a driving instruc tor when such driving instructor and training vehicle are licensed by the Department of Public Safety in accordance with the provisions of Chapter 13 of Title 43, 'The Driver Training School License Act.' No person receiving in-car training pursuant to this para graph shall operate such training vehicle on the federal interstate highway system. All vehi cles utilized for the in-car training authorized under this paragraph shall be equipped with dual controlled steering wheels, brakes, and gas pedals and shall be equipped with roof mounted signs clearly identifying such vehicles as training cars belonging to a driving school, which roof top signs shall be equipped with additional visual signals to indicate stop ping and turning, which visual signals shall be directly wired to the existing electrical sys tem of the vehicles. Such training vehicles shall also be covered by a policy of liability insur ance of at least one million dollars. A driving instructor shall test the eyesight of any unlicensed person who will be receiving actual in-car training prior to commencement of such training, and no unlicensed driver shall receive in-car training unless such person has at least the visual acuity and horizontal field of vision as is required for issuance of a driver's license in subsection (c) of Code Section 40-5-27."
Section 2. The Department of Public Safety shall monitor the driver training author ized by this Act and shall report its findings and recommendations regarding such training to the General Assembly not later than December 31, 1995.
Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 4. This Act shall be repealed in its entirety July 1, 1996.
Section 5. All laws and parts of laws in conflict with this Act are repealed.
Senator Robinson of the 16th offered the following substitute to SB 245:
A BILL
To be entitled an Act to amend Code Section 40-5-21 of the Official Code of Georgia Annotated, relating to exemptions from driver's license requirements, so as to exempt per sons 21 years of age or over while taking instruction from a licensed driving instructor; to provide for required equipment for such vehicles; to require insurance; to provide for eye sight examinations; to provide for reports; to provide for an 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 40-5-21 of the Official Code of Georgia Annotated, relating to exemptions from driver's license requirements, is amended by striking from the end of para graph (9) of subsection (a) the word "and", by striking the period at the end of paragraph (10) and inserting in lieu thereof "; and" and by inserting a new paragraph (11) to read as follows:
"(11) Any resident or nonresident who is 21 years of age or over while taking actual incar training in a training vehicle under the direct personal supervision of a driving instruc tor when such driving instructor and training vehicle are licensed by the Department of Public Safety in accordance with the provisions of Chapter 13 of Title 43, 'The Driver Training School License Act.' All vehicles utilized for the in-car training authorized under this paragraph shall be equipped with dual controlled brakes and shall be marked with signs

THURSDAY, MARCH 4, 1993

993

in accordance with the Department of Public Safety rules clearly identifying such vehicles as training cars belonging to a driving school. A driving instructor shall test the eyesight of any unlicensed person who will be receiving actual in-car training prior to commencement of such training, and no unlicensed driver shall receive in-car training unless such person has at least the visual acuity and horizontal field of vision as is required for issuance of a driver's license in subsection (c) of Code Section 40-5-27."
Section 2. The Department of Public Safety shall monitor the driver training author ized by this Act and shall report its findings and recommendations regarding such training to the General Assembly not later than December 31, 1995.
Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 4. This Act shall be repealed in its entirety July 1, 1996.
Section 5. All laws and parts of laws in conflict with this Act are repealed.

Senator Robinson of the 16th asked unanimous consent that his substitute to SB 245 be withdrawn; the consent was granted, and the substitute was withdrawn.

Senator Henson of the 55th offered the following amendment:

Amend the substitute to SB 245 offered by the Senate Committee on Public Safety by striking from line 5 of page 1 the following:
"to prohibit interstate driving by such persons;".
By striking from lines 6 and 7 of page 1 the following:
"to require insurance;".
By striking from lines 26 and 27 of page 1 and line 1 of page 2 the following:
"No person receiving in-car training pursuant to this paragraph shall operate such training vehicle on the federal interstate highway system.".
By striking lines 4 through 12 of page 2 in their entirety and inserting in lieu thereof the following:
"controlled brakes and shall be marked with signs in accordance with the Department of Public Safety rules clearly identifying such vehicles as training cars belonging to a driving school. A".

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

On the adoption of the substitute, the yeas were 40, nays 0, and the substitute was adopted as amended.

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

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

Those voting in the affirmative were Senators:

Balfour Baugh Blitch Boshears Bowen Broun of 46th

Brown of 26th Burton Cheeks Clay Coleman Crotts

Day Dean Edge Egan Farrow Gillis

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JOURNAL OF THE SENATE

Glanton Gochenour Harbison Hemmer Henson Hill Hooks Huggins Isakson Langford of 35th

Madden Marable Middleton Oliver Parrish Perdue Pollard Ragan of llth Ragan of 32nd Ralston

Robinson Scott Slotin
Starr Taylor Thomas Thompson Turner Tysinger Walker

Voting in the negative was Senator Newbill.

Those not voting were Senators:

Abernathy Alien Dawkins

Garner (presiding) Kemp

Langford of 29th Ray

On the passage of the bill, the yeas were 48, nays 1.

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

Senator Coleman of the 1st moved that Senator Alien of the 2nd be excused from the Senate today due to illness in the family.

On the motion, the yeas were 39, nays 0; the motion prevailed, and Senator Alien of the 2nd was excused from the Senate today.

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

SR 226. By Senator Hooks of the 14th:
A resolution authorizing the lease of certain state owned real property located in Fulton County, Georgia; to provide an effective date.

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

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

Those voting in the affirmative were Senators:

Balfour Baugh Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cheeks Clay Coleman Crotts Day Dean

Edge Egan Farrow Gillis Glanton Gochenour Harbison Hemmer Henson Hill Hooks Huggins Isakson Kemp

Langford of 35th Madden Marable Middleton Newbill Oliver Parrish Perdue Pollard Ragan of llth Ragan of 32nd Ralston Robinson Scott

THURSDAY, MARCH 4, 1993

995

Slotin Taylor Thomas

Thompson Turner

Tysinger Walker

Those not voting were Senators:

Abernathy Alien (excused) Dawkins

Garner (presiding) Langford of 29th

Ray Starr

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

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

HB 316. By Representatives Godbee of the 145th, White of the 161st and Taylor of the 134th:
A bill to amend Code Section 47-3-1 of the Official Code of Georgia Annotated, relating to definitions for purposes of the law regarding the Teachers Retirement System of Georgia, so as to delete certain references to appointed boards of education.
Senate Sponsor: Senator Hill of the 4th.

The following Certification, as required by law, was read by the Secretary:

DEPARTMENT OF AUDITS 254 Washington Street, S.W.
Room 214 Atlanta, Georgia 30334-8400

STATE AUDITOR'S CERTIFICATION

TO:

The Honorable John Godbee

State Representative

FROM:

Claude L. Vickers, State Auditor

DATE:

January 13, 1993

SUBJECT: House Bill 316 (LC 11 7822) Teachers Retirement System

This bill would delete certain references to appointed boards of education. This refer ence is to be removed because of the recent amendment to the Constitution prohibiting such appointed boards.

This is to certify that this is a nonfiscal retirement bill as defined in the Public Retire ment Systems Standards Law.

/a/ Claude L. Vickers 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:

Balfour Baugh Blitch

Boshears Bowen Broun of 46th

Brown of 26th Burton Cheeks

996

JOURNAL OF THE SENATE

Clay Crotts Dawkins Day
Edge Egan Farrow Gillis Glanton Gochenour Harbison Hemmer

Henson Hooks Huggins Isakson Kemp Langford of 35th Madden Marable Middleton Newbill Oliver Parrish Perdue

Pollard Ragan of llth Ragan of 32nd Ralston Robinson
Slotin Starr Thomas Thompson Turner Tysinger

Those not voting were Senators:

Abernathy Alien (excused) Coleman

Garner (presiding) Hill Langford of 29th

Ray Taylor Walker

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

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

HB 540. By Representatives Culbreth of the 132nd, Lord of the 121st, Williams of the 114th and Heard of the 89th:
A bill to amend Article 1 of Chapter 23 of Title 33 of the Official Code of Georgia Annotated, relating to the licensing of agents, subagents, adjusters, and counsel ors, so as to define what shall be considered a separate transaction with regard to fees received by insurance counselors.
Senate Sponsor: Senator Pollard of the 24th.

Senator Pollard of the 24th offered the following amendment:

Amend HB 540 as follows: On line 6, page 1, before the word "to", insert the following: "to provide for an effective date"; and Delete Section 2 on lines 7 and 8 of page 2, and insert in lieu the following: "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 amendment, the yeas were 34, nays 0, and the amendment was adopted.

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

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

Those voting in the affirmative were Senators:

Balfour Baugh

Blitch Boshears

Bowen Broun of 46th

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997

Brown of 26th Burton Cheeks Clay Crotts Dawkins Day Dean Edge Egan Farrow Gillis Glanton Gochenour

Harbison Hemmer Henson Hill Hooks Huggins Isakson Kemp Langford of 35th Madden Marable Middleton Newbill Oliver

Parrish Pollard Ragan of llth Ragan of 32nd Ralston Robinson Scott Slotin Starr Thompson Turner Tysinger Walker

Those not voting were Senators:

Abernathy Alien (excused) Coleman

Garner (presiding) Langford of 29th Perdue

Ray Taylor Thomas

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

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

SR 208. By Senators Clay of the 37th and Thompson of the 33rd:
A resolution authorizing the granting of a nonexclusive easement for operation and maintenance of a transportation thoroughfare in, on, over, under, upon, across, or through property owned by the State of Georgia in Cobb County, Geor gia; to provide an effective date.

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

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

Those voting in the affirmative were Senators:

Balfour Baugh Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cheeks Clay Crotts Dawkins Day Edge Egan Farrow

Gillis Glanton Gochenour Harbison Hemmer Henson Hill Hooks Huggins Kemp Langford of 35th Madden Marable Middleton Newbill

Oliver Parrish Perdue Pollard Ragan of llth Ragan of 32nd Ralston Robinson Scott Slotin Starr Thomas Thompson Turner Tysinger

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JOURNAL OF THE SENATE

Those not voting were Senators:

Abernathy Alien (excused) Coleman Dean

Garner (presiding) Isakson Langford of 29th

Ray Taylor Walker

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

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

SR 128. By Senators Burton of the 5th, Marable of the 52nd, Huggins of the 53rd and Coleman of the 1st:
A resolution urging the Board of Regents of the University System of Georgia to consider the granting of foreign language credit to those students who demon strate proficiency in American Sign Language.

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:

Balfour Baugh Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cheeks Clay Crotts Dawkins Day Dean Edge Egan

Farrow Gillis Glanton Gochenour Harbison Hemmer Henson Hill Hooks Huggins Isakson Kemp Langford of 35th Madden Marable Middleton

Newbill Oliver Parrish Pollard Ragan of llth Ragan of 32nd Kalston
Scott Slotin Starr Thomas Thompson Turner Tysinger

Those not voting were Senators:

Abernathy Alien (excused) Coleman

Garner (presiding) Langford of 29th Perdue

Ray Taylor Walker

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

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

SB 224. By Senators Tysinger of the 41st, Edge of the 28th and Isakson of the 21st:
A bill to amend Article 1 of Chapter 8 of Title 16 of the Official Code of Georgia Annotated, relating to theft, so as to provide for the offense of misappropriation of a trade secret; to provide for definitions; to provide for a penalty.

THURSDAY, MARCH 4, 1993

999

The Senate Committee on Science, Technology, and Industry offered the following sub stitute to SB 224:
A BILL
To be entitled an Act to amend Article 1 of Chapter 8 of Title 16 of the Official Code of Georgia Annotated, relating to theft, so as to provide for the offense of misappropriation of trade secrets; to provide for definitions; to provide for a penalty; to provide for related mat ters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 1 of Chapter 8 of Title 16 of the Official Code of Georgia Annotated, relating to theft, is amended by striking Code Section 16-8-13, relating to stealing and em bezzling trade secrets, which reads as follows:
"16-8-13. (a) As used in this Code section, the term:
(1) 'Article* means any object, material, device, substance, or copy thereof, including any writing, record, recording, drawing, sample, specimen, prototype, model, photograph, microorganism, blueprint, or map.
(2) 'Copy' means any facsimile, replica, photograph, or other reproduction of an article and any note, drawing, or sketch made of or from an article.
(3) 'Representing' means describing, depicting, containing, constituting, reflecting, or recording.
(4) 'Trade secret' means the whole or any portion or phase of any scientific or technical information, design, process, procedure, formula, or improvement which is secret and of value; and a trade secret shall be presumed to be secret when the owner thereof takes mea sures to prevent it from becoming available to persons other than those selected by the owner to have access thereto for limited purposes.
(b) Any person who steals or embezzles an article representing a trade secret or without authority makes or causes to be made a copy of an article representing a trade secret with intent to deprive or withhold from the owner thereof the control of a trade secret or with intent to appropriate a trade secret to his own use or to the use of another, commits the offense of theft of a trade secret and, upon conviction thereof, shall be punished by impris onment for not less than one nor more than five years, provided that, if the value of the article stolen, embezzled, or copied, including the value of the trade secret represented thereby, is not more than $100.00, he shall be punished as for a misdemeanor.
(c) In a prosecution for any violation of this Code section it shall be no defense that the person charged returned or intended to return the article stolen, embezzled, or copied.",
and inserting in lieu thereof the following:
"16-8-13. (a) As used in this Code section, the term:
(1) 'Article' means any object, material, device, substance, or copy thereof, including any writing, record, recording, drawing, sample, specimen, prototype, model, photograph, microorganism, blueprint, or map.
(2) 'Copy' means any facsimile, replica, photograph, or other reproduction of an article and any note, drawing, or sketch made of or from an article.
(3) 'Representing' means describing, depicting, containing, constituting, reflecting, or recording.
(4) 'Trade secret' means the whole or any portion or phase of any scientific, technical, management, marketing, production, or financial information, design, process, procedure, formula, or improvement which is a secret and of value; and a trade secret shall be pre sumed to be secret when the owner thereof takes measures to prevent it from becoming

1000

JOURNAL OF THE SENATE

available to persons other than those selected by the owner to have access thereto for lim ited purposes.
(b) Any person who, with the intent to deprive or withhold from the owner thereof the control of a trade secret, or with an intent to appropriate a trade secret to his or her own use or to the use of another, does any of the following:
(1) Takes, uses, or discloses to an unauthorized person such trade secret;
(2) Obtains possession or control of such trade secret by deceitful means or artful prac tice; or
(3) Without authority makes or causes to be made a copy of an article representing such trade secret
commits the offense of theft of a trade secret and, upon conviction thereof, shall be pun ished by imprisonment for not less than one nor more than five years and by a fine of not more than $50,000.00, provided that, if the value of such trade secret, and any article repre senting such trade secret that is taken, is not more than $100.00 such person shall be pun ished as for a misdemeanor.
(c) In a prosecution for any violation of this Code section, a court shall preserve the secrecy of an alleged trade secret by reasonable means, which may include granting protec tive orders in connection with discovery proceedings, holding in camera hearings, sealing the records of the action, and ordering any person involved in the litigation not to disclose an alleged trade secret without prior court approval.
(d) For the purpose of this Code section, a continuing misappropriation by any person constitutes a single claim against that person, but this Code section shall be applied sepa rately to the claim against each person who receives a trade secret from another person who misappropriated that trade secret.
(e) This Code section shall not affect:
(1) Contractual duties or remedies, whether or not based on misappropriation of a trade secret; or
(2) The provisions of Code Sections 10-1-761 through 10-1-767, pertaining to civil offenses and remedies involving the misappropriation of a trade secret, or other civil or crimi nal laws that presently apply or in the future may apply to any transaction or course of conduct that violates this Code section."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 35, nays 1, and the substitute was adopted.

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

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

Those voting in the affirmative were Senators:

Balfour Baugh Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cheeks

Clay Coleman Crotts Dawkins Day Edge Egan Farrow Gillis

Glanton Gochenour Harbison Hemmer Henson Hill Hooks Huggins Isakson

THURSDAY, MARCH 4, 1993

1001

Kemp Langford of 35th Madden Middleton Newbill Oliver Parrish

Perdue Pollard Ragan of llth Ragan of 32nd Ralston Robinson
Scott

Slotin Starr Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Abernathy Alien (excused) Dean

Garner (presiding) Langford of 29th Marable

Ray Taylor

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

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

SR 233. By Senators Thompson of the 33rd, Clay of the 37th, Ragan of the 32nd and Isakson of the 21st:
A resolution authorizing the conveyance of certain state owned real property lo cated in Cobb County, Georgia, to Cobb County and the acceptance of certain real property owned by Cobb County in consideration therefor; to provide an effective date.

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

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Balfour Baugh Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cheeks Clay Coleman Crotts Day Dean Edge Egan Farrow

Gillis
Glanton Gochenour Harbison Hemmer Henson Hill Hooks Huggins Isakson Kemp Langford of 35th Madden Marable Middleton Newbill Oliver

Parrish Perdue Pollard Ragan of llth Ragan of 32nd Ralston Robinson Scott Slotin Starr Taylor Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Abernathy Alien (excused)

Dawkins Garner (presiding)

Langford of 29th Ray

On the adoption of the resolution, the yeas were 50, nays 0.

1002

JOURNAL OF THE SENATE

The resolution, having received the requisite constitutional majority, was adopted.

HB 568. By Representatives Lucas of the 124th, Groover of the 125th, Walker of the 141st and Snow of the 2nd:
A bill to amend Chapter 33 of Title 33 of the Official Code of Georgia Annotated, relating to fair access to insurance requirements, so as to authorize the provision of temporary insurance coverage to local public entities during the pendency of appeals from adverse underwriting decisions.
Senate Sponsor: Senator Cheeks 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:

Balfour Baugh Blitch Boshears Bowen Brown of 26th Burton Cheeks Clay Coleman Crotts Day Dean Edge Egan Farrow

Gillis Glanton Gochenour Harbison Hemmer Hill
Hooks Huggins Isakson Kemp Langford of 35th Madden Marable Middleton Newbill Oliver

Parrish Perdue Pollard Ragan of llth Ragan of 32nd Ralston Robinson Scott Slotin Starr Taylor Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Abernathy Alien (excused) Broun of 46th

Dawkins Garner (presiding) Henson

Langford of 29th Ray

On the passage of the bill, the yeas were 48, nays 0.

The bill, having received the requisite constitutional majority, was passed.

The President resumed the Chair.

SR 156. By Senators Oliver of the 42nd, Edge of the 28th, Robinson of the 16th and Hooks of the 14th:
A resolution creating the Ellis G. Arnall Tribute Commission.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

THURSDAY, MARCH 4, 1993

1003

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Balfour Baugh Blitch Boshears
Bowen Broun of 46th Brown of 26th

Garner Gillis Glanton Gochenour
Harbison Hemmer Renaon

Oliver Parrish Perdue Pollard
Ragan of llth Ragan of 32nd Ralston

^rt?n pCCoroflefttm^sSan

Hill Hooks Huggms

Robinson SS_.cloottm.t

Dawkins j} ay Dean Edge Egan Farrow

Isak8on Langford of 35th Madden Marable Middleton Newbill

Starr Taylor Thompson Turner Tysinger Walker

Those not voting were Senators:

Abernathy Alien (excused) Clay

Kemp Langford of 29th

Ray Thomas

On the adoption of the resolution, the yeas were 49, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

The following bill of the Senate, having been withdrawn from the Committee on Appro priations and committed to the Committee on Public Safety on February 18, and favorably reported by the committee, was put upon its passage:

SB 65. By Senators Clay of the 37th, Day of the 48th, Newbill of the 56th 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 report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken and the vote was as follows:

Those voting in the affirmative were Senators:

Balfour Baugh Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cheeks Clay

Crotts Dawkins Day Dean Edge Egan Farrow Garner Gillis Glanton

Gochenour Harbison Hemmer Hill Hooks Huggins Isakson Langford of 35th Madden Marable

1004

JOURNAL OF THE SENATE

Middleton Newbill
2Pallrvr!isrh, Pollard Ragan of llth

Ragan of 32nd Ralston Robinson
Scott Slotin

Starr Thompson Turner
Tysinger Walker

Those not voting were Senators:

Abernathy Alien (excused) Coleman Henson

Kemp Langford of 29th Perdue

Ray Taylor Thomas

On the passage of the bill, the yeas were 46, nays 0.

The bill, having received the requisite constitutional majority, was passed.

Senator Garner of the 30th, President Pro Tempore, resumed the Chair.

The following general bill of the House, having been withdrawn from the Committee on Industry and Labor and committed to the Committee on Appropriations on February 23, and favorably reported by the committee, was put upon its passage:

HB 349. By Representatives Parrish of the 144th and Coleman of the 142nd:
A bill to provide for the Department of Labor a supplemental appropriation, pursuant to and in accordance with provisions of Code Section 34-8-81 of the Official Code of Georgia Annotated, relating to the creation and purposes of the Employment Security Administration Fund, and Code Section 34-8-85 of the Of ficial Code of Georgia Annotated, relating to certain withdrawals from the Unem ployment Trust Fund.
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:

Balfour Baugh Blitch Boshears Bowen Broun of 46th Brown of 26th BChuerteokns
Clay Crotts
Dawkins Day Dean Egan Farrow

Gillis Glanton Gochenour Harbison Hemmer Henson Hill HHougogkisns
Isakson Kemp
Langford of 35th Madden Marable Middleton Newbill

Oliver Parrish Perdue Pollard Ragan of llth Ragan of 32nd Ralston ,,Rob, '.nson
fott hlotln
Starr Taylor Turner Tysinger Walker

THURSDAY, MARCH 4, 1993

1005

Those not voting were Senators:

Abernathy Alien (excused) Coleman

Edge Garner (presiding) Langford of 29th

Ray Thomas Thompson

On the passage of the bill, the yeas were 47, nays 0.

The bill, having received the requisite constitutional majority, was passed.

The following general bills of the House, favorably reported by the committees, were read the third time and put upon their passage:

HB 228. By Representatives Walker of the 141st, Ray of the 128th, Floyd of the 138th and others:
A bill to amend Article 2 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to the control of water pollution, so as to provide definitions; to provide that a county in which a sludge land application site is located shall have approval authority over the site and may assess fees for third-party monitoring.
Senate Sponsor: Senator Perdue of the 18th.

Senator Kemp of the 3rd offered the following amendment:

Amend HB 228 on page 2 after 12-5-53 on line 34 a new section "f':
(f) In regard to a sludge land application system receiving sludge generated in another county, the Director shall issue or reissue a sludge land application permit or approval only after satisfaction of either one of the following:
(1) The governing authority of the county in which the sludge land application site is located provides written approval, after the opportunity for public comment, for the sludge land application site; or
(2) The governing authority of the county in which the sludge land application site is located fails to provide written objection to the land application site within 90 days follow ing formal notification of the proposed site by the director.

On the adoption of the amendment, Senator Garner of the 30th, President Pro Tempore, who was presiding, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Balfour Bau&h BrB, loistc,hhears Bowen
Brown of 26th Burton

Cheeks Clay Glanton GTIsoakci hsoennour Kemp
Langford of 35th Middleton

Newbill Ragan of llth Ragan of 32nd ,,Ka,lston
Scott
Thomas Thompson

Those voting in the negative were Senators:

Broun of 46th Crotts Dawkins

Day Dean Egan

Farrow Gillis Harbison

1006

JOURNAL OF THE SENATE

Hemmer Henson HHiolol ks
Huggins
Madden

Marable Oliver PPearrdriuseh
Pollard
Robinson

Slotin Starr ,,Tayl, or
Turner
Tysinger

Those not voting were Senators:

Alien (excused) Coleman Edge

Garner (presiding) Langford of 29th

Ray Walker

On the adoption of the amendment, the yeas were 23, nays 26, 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:

Abernathy Balfour Baugh Blitch Boshears Bowen Broun of 46th Brown of 26th Burton
Pv^VnieoeoKVbc
Clay Crotts Dawkins Day Dean Egan Farrow

Gillis Glanton Gochenour Harbison Hemmer Henson Hill Hooks Huggins Isakson Kemp Langford of 35th Madden Marable Middleton Newbill

Oliver Parrish Perdue Pollard Ragan of llth Ragan of 32nd Ralston Robinson Scott Slotin
Starr Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Alien (excused) Coleman Edge

Garner (presiding) Langford of 29th

Ray Taylor

On the passage of the bill, the yeas were 49, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 300. By Representatives Godbee of the 145th, White of the 161st and Taylor of the 134th:
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 statutorily imple ment certain changes required by Article VIII, Section V of the Constitution

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which provides for elected boards of education and appointed school superin tendents; to amend Code Section 21-5-3 of the Official Code of Georgia Anno tated, relating to definitions in Chapter 5 of Title 21, the "Ethics in Government Act," so as to delete certain references to elected school superintendents.
Senate Sponsor: Senator Scott of the 36th.
The Senate Committee on Education offered the following substitute to HB 300:
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 statutorily im plement certain changes required by Article VIII, Section V of the Constitution which pro vides for elected boards of education and appointed school superintendents; to change the qualifications for office for members of local boards of education; to provide for terms of such offices; to change the provisions relating to certifications of elections for, appointments to, and resignations from such offices; to change the provisions relating to vacancies in such offices; to change the provisions relating to compensation and expenses for such offices; to provide for nonpartisan primaries and nonpartisan elections for such offices; to change the provisions relating to selection and terms of chairpersons of such offices; to change the man ner of employing superintendents of local school systems and the qualifications thereof and to provide for vacancies in those offices; to provide for the termination of school superinten dent and the grounds, procedures, and consequences relating thereto; to specifically repeal provisions relating to qualifications, suspension, and removal of school superintendents and vacancies in such offices; to change the provisions relating to annual performance evalua tions; to amend Code Section 21-5-3 of the Official Code of Georgia Annotated, relating to definitions in Chapter 5 of Title 21, the "Ethics in Government Act," so as to delete certain references to elected school superintendents; to amend Code Section 45-2-1 of the Official Code of Georgia Annotated, relating to persons ineligible for public office, so as to change certain residency requirements for appointed school superintendents; to provide for effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 2 of title 20 of the Official Code of Georgia Annotated, relating to elementary, secondary, and adult education, is amended by striking Code Section 20-2-51, relating to selection of members of county boards of education, and inserting in its place a new Code section to read as follows:
"20-2-51. (a) The grand jury of each county, except those counties which arc under a local system, shall, from time to time, aclcct from the citizens of their respective counties five pcraona, who ahall conatitutc the county board of education. Such members shall be elected for a term of five years and ahall hold their offices until their successors arc elected and qualified, provided, however, that no publisher of achoolbooka, nor any agent for auch publisher, nor any person who shall be pecuniarily interested in the sale of achoolbooka ahall be eligible for election as members of any board of education or as county achool superin tendent; provided, further, that whenever No person shall be eligible for election as a mem ber of a local board of education who is riot a resident of the school district in which that person seeks election and of the election district which such person seeks to represent. Whenever there is in a portion of any county a local school system having a board of educa tion of its own, receiving its pro rata of the public school fund directly from the State School Superintendent and having no dealings whatever with the county local board, then the members of the county board of such county shall be selected from that portion of the county not embraced within the territory covered by such local system.
(b) The members of the county boards of education in thoac counties in which the grand jury selects auch members ahall be selected by the loat grand jury immediately pre ceding the expiration of the term of the member whom the member to be selected will replace. Whenever a member of a local board of education moves that person's domicile

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from the district which that person represents, such person shall cease to be a member of such local board of education, and a vacancy shall occur.
(c) No person employed by or serving on the governing body of a private educational institution shall be eligible to serve as a member of a local board of education. No person employed by a local board of education shall be eligible to serve as a member of that board of education. No person employed by the Department of Education or serving as a member of the State Board of Education shall be eligible to serve as a member of a local board of education. This aubacction shall be applicable to all persons seeking to become elected or appointed to any local board of education. This subsection shall not apply to institutions above the high school level.
(d) In all counties of this state having a population of not less than 500,000 or more than 600,000 according to the United States decennial census of 1990 or any future such census, the members of the county boards of education taking office after December 1, 1975, shall not hold any other elective governmental office. If any member of any such county board should qualify at any time after December 1, 1975, for nomination or election to any other elective governmental office other than for membership on such county board, such member's position on such county board shall thereby become vacant. Such vacancy shall be filled as provided by the law applicable to any such county board."
Section 2. Said chapter is further amended by striking Code Section 20-2-52, relating to residence and other qualifications of school board members, and inserting in its place a new Code section to read as follows:
"20-2-52. The grand jury, in selecting the members of the county board of education, ahall not select one of their own mcmbcra then in session, nor ahall they aclcct any two of those selected from the same milita district or locality, nor shall they select any person who rcaidc3 within the limits of a local school system operated independently of the county board but ahall apportion mcmbcra of the county board as far aa practicable over the county; they ahall elect persons of good moral character, who ahall have at least a fair knowledge of the elementary branches of education and be favorable to the public achool syatcm. Whenever a member of the county board moves his residence into a milita district where another member of the county board resides or into a district or municipality that has an independent local achool syatcm, the member changing his residence shall immedi ately cease to be on the county board, and the vacancy shall be filled aa required by law. Notwithstanding the foregoing provisions to the contrary, a county may provide by local law that two or more mcmbcra of the county board may be selected from the same militia dis trict. Members of local boards of education shall be elected for terms of four years unless their terms are otherwise provided by local Act or constitutional amendment."
Section 3. Said chapter is further amended by striking Code Section 20-2-53, relating to certifying selection of school board members, and inserting in its place a new Code section to read as follows:
"20-2-53. Whenever members of a county board of education or county achool aupcrin tcndcnt arc appointed, it ahall be the duty of the clerk of the superior court, when the members of the board of education arc appointed by the grand jury, of the secretary of the board of education when mcmbcra of the board of education of aupcrintcndcnt arc ap pointed by the board of education, to forward to the Secretary of State a certified statement of the appointmcnta, and commisaions shall be issued aa for county officers. The statement must give the name of the appointee, whom they succeed, whether the office waa vacated by rcaignation, death, or otherwise, and the effective date of the appointment. In addition to certifications of elections now required to be made to the Governor, it shall be the duty of the elections superintendent of each system or other political subdivision to transmit to the Secretary of State and to the State School Superintendent a certified statement of the elec tion of members of a local board of education. Where board members are appointed under any law to fill vacancies, it shall be the duty of the local superintendent of schools to certify these appointments to the Secretary of State, the State School Superintendent, and to the

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Governor. All resignations from such boards, in addition to being submitted to the Gover nor, shall be submitted to the local superintendent of schools and a copy thereof shall be transmitted to the Secretary of State and to the State School Superintendent"
Section 4. Said chapter is further amended by striking Code Section 20-2-54.1, relating to filling vacancies on local boards of education, and inserting in its place a new Code sec tion to read as follows:
"20-2-54.1. (a) In all instances where local laws applicable to local boards of education do not provide otherwise, a vacancy occurring for any reason on a local board of education shall be filled as follows:
(1) If the members of the local board of education arc elected by the votcra, the vacancy shall be filled as follows:
4A-) (1) If the vacancy occurs more than 90 days prior to the date of a general election preceding the general election at which a successor will be elected to a new full term of office, then such vacancy shall be filled for the unexpired term of office at a special election to be held on the same date as said general election preceding the general election at which a successor will be elected to a new full term of office; and in this case the remaining mem bers of the board of education shall, by majority vote, select a qualified person to fill the vacancy until the person elected at such special election takes office; and
(B> (2) If the vacancy does not occur more than 90 days prior to the date of a general election preceding the general election at which a successor will be elected to a new full term of office, then the remaining members of the local board of education shall, by majority vote, select a qualified person to serve for the remainder of the unexpired term.
(2) If the members of the local board of education arc appointed by the grand jury, the remaining members of the local board of education, by majority vote, shall select a qualified person to fill the vacancy until the next grand jury convcnca immediately following the oc currcncc of the vacancy, at which time the grand jury ahall appoint a qualified person to acrvc for the remainder of the unexpired term.
(b) Any person elected or appointed to fill a vacancy pursuant to subsection (a) of this Code section shall possess the same qualifications required for election to a full term of office as provided by law applicable to the office wherein the vacancy occurred. As applied to special elections under subparagraph (a)(l)(A) of this Code section, if the office wherein the vacancy occurred is filled by election of voters within a portion of the local school district, then the special election shall be held within that portion of the local school district, but if the office wherein the vacancy occurred is filled by the voters within the entire school dis trict, then the special election shall be held within the entire school district."
Section 5. Said chapter is further amended by striking Code Section 20-2-55, relating to per diem and expenses of local board members, and inserting in its place a new Code section to read as follows:
"20-2-55. (a) In any county local school system for which no local Act is passed, mem bers of the local board of education shall, when approved by the local board affected, receive a per diem of $50.00 for each day of attendance at meetings of the board and while meeting and traveling within or outside the state as a member of a committee of the board on official business first authorized by a majority of the board, plus reimbursement for actual expenses necessarily incurred in connection therewith. The accounts for such service and expenses shall be submitted for approval to the local school superintendent. In all countica school districts the compensation of members of local boards shall be paid only from the local tax funds available to local boards for educational purposes.
(b) (1) A local board of education is authorized to provide group medical and dental insurance for its members who elect to participate. A board providing such insurance shall pay no greater percentage of the cost of that insurance than the percentage of the cost paid as an employer contribution by the state for the health insurance plan for state employees pursuant to Article 1 of Chapter 18 of Title 45. The remainder of such insurance cost shall

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be paid as an employee contribution by those members of the local board of education who elect to participate in the insurance offered by that board, based upon whether those mem bers elect family or individual coverage.
(2) Taxes levied by or on behalf of a local board of education may be expended for employer contributions, but not employee contributions, required for insurance coverage of members of that board as provided in paragraph (1) of this subsection. Such expenditures on behalf of any member may continue only as long as that member continues in office and makes any employee contribution required for such coverage. That member, and eligible dependents thereof, shall be ineligible for coverage pursuant to the provisions of subsection (b) of this Code section upon such person's ceasing to serve as a member of a local board of education. Such expenditure for the employer contribution shall be in addition to, and not in lieu of, any salary, expense, per diem, or other compensation payable to that member of a local board of eduction."
Section 6. Said chapter is further amended by striking Code Section 20-2-56 and in serting in its place a new Code section to read as follows:
"20-2-56. Rcacrvcd. (a) Notwithstanding any other provisions of law to the contrary, the General Assembly may provide by local law for the nomination and election in nonpartisan primaries and elections of candidates to fill the offices of members of boards of education using the procedures established in Code Section 21-2-139 or, in the case of independent school systems, for the nomination and election in nonpartisan primaries and elections or for the election in nonpartisan elections of candidates to fill the offices of members of the boards of education of those independent school systems using the procedures established in Code Section 21-3-95.
(b) Pursuant to the authority of this subsection, members of any local board of educa tion who are required to be elected to such offices in nonpartisan primaries and elections, when such requirement is imposed by the terms of a local law which became effective before this subsection may become effective under the Voting Rights Act of 1965, as amended, shall continue to be elected in such nonpartisan primaries and elections, unless thereafter changed by local law."
Section 7. Said chapter is further amended by striking Code Section 20-2-57, relating to organization of local boards of education, and inserting in its place a new Code section to read as follows:
"20-2-57. (a) Upon Unless otherwise provided by local law or, in the absence of local law, by local board policy, upon being called together by one of their number, the members of the local board shall organize by selecting one of their number as chairman, who, unlcsa otherwise provided by local law or, in the absence of local law, by local board policy, shall chairperson to serve as such during the term for which fee that person was chosen as a member of the local board. The local school superintendent shall act as secretary of the local board, ex officio. A majority of the local board shall constitute a quorum for the trans action of business. It shall be the duty of the superintendent or their nominee as secretary to be present at the meetings of the local board, to keep the minutes of its meetings and make a permanent record of them,and to do any other clerical work it may direct feim the superintendent to do. He The superintendent or their nominee shall record in a book, to~Be provided for the purpose, all official proceedings of the local board, which shall be a public record open to the inspection of any person interested therein; and all such proceedings, when so recorded, shall be signed by the chairman chairperson and countersigned by the secretary.
(b) Notwithstanding the proviaiona of subsection (a) of this Code section, in all countica of thia state having a population of not loss than 76,200 nor more than 77,000 according to the United Statca decennial census of 1060 or any future auch census, the chairman of the board of education for such county shall be elected aa provided for in thia Code section but ohall serve for such term oa shall be fixed by the board by appropriate resolution adopted by the board, which resolution may be amended from time to time by the board. Pursuant to

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irper quired to be a member of that board who is elected at large from its school district, when such requirement is imposed by the terms of a local law which became effective before this subsection may become effective under the Voting Rights Act of 1965, as amended, shall continue to have as its chairperson that same member who is elected at large as designated by that local law, unless thereafter changed by local law."
Section 8. Said chapter is further amended by striking Code Section 20-2-101, relating to the election of local superintendents of schools, and inserting in its place a new Code section to read as follows:
"20-2-1201. Except in thoac countica which are under a local ayotcm, all county school superintendents shall be elected by the qualified votera of thcif respective counties quadrcnially on Tuesday after the first Monday in November, for tcrma of four ycara begin ning on January 1 following the day of election. Each shall hold office until his successor is elected and qualified, provided that, if there is in any county one or more independent achool ayatcma not under the supervision of the county school superintendent, the voters of such independent system or aystcmo ahall not vote in any primary or election for the county achool superintendent. But this Code section shall not disqualify rcgiatcrcd, qualified voters teaiding in the limita of the quasi independent school district from voting in any primary or election for county achool superintendents.
(a) Superintendents of each school system shall be employed by the local Board of Edu cation under written contracts for a term of not less than one (1) year and not more than four (4) years. Those provisions of any local Act which authorize employment contracts with a school superintendent which are of a duration which exceeds that authorized by this sub section, which local Act became effective before, at the time of, or after this subsection becomes effective, are repealed. Any contract entered into pursuant to the provisions of a local Act repealed by the terms of the preceding sentence of this subsection shall not be affected by such repeal for the duration of that contract as specified immediately before this subsection becomes effective as long as that contract was valid at such time.
(b) No person shall be eligible to be appointed or employed as superintendent of schools of any county or independent school system unless such person is of good moral character, has never been convicted of any crime involving moral turpitude, and possesses acceptable business or management experience as specified by the Professional Standards Commission or the minimum valid certificate or a letter of eligibility for said certificate required by the Professional Standards Commission.
(c) Superintendents shall have such additional qualifications as may be prescribed by local law or policies of the local board for that school district, not consistent with the provi sions of this chapter?
(d) This Code section shall not apply to any elected school superintendent in office on January 1, 1993, during the term of office for which that person was elected.
(e) Where a vacancy occurs in the office of any elected superintendent of a local school system on or after January 1, 1993, the local board shall appoint and employ a successor in accordance with this Code section.
(f) Local superintendents of schools who are appointed pursuant to contract shall be subject to termination for any reason specified in subsection (a) of Code Section 20-2-940| other than that specified in paragraph (6) of subsection (a) of Code Section 20-2-940. Such termination shall be subject to the procedures specified in subsections (b) through (f) of Code Section 20-2-940. In any appeal under code Section 20-2-1160 of a decision to termi nate a school superintendent, the chairperson of the local board of education terminating the superintendent, or that chairperson's designee, shall be substituted for the superinten dent with regard to appeal duties otherwise required to be performed by the superinten dent. When no timely appeal has been made of any decision upholding the superintendent's termination or the last such decision upholding the termination may not be further ap pealed, the termination decision shall become final and relieve the board of any obligation

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to make further payments to the superintendent under the superintendent's employment contract.
(g) Local superintendents of schools shall not acquire any substantive or procedural rights under Code Section 20-2-942 or any other law by reason of their service or employ ment in the event their contract with the employing board of education is not renewed."
Section 9. Said chapter is further amended by repealing Code Section 20-2-102, relating to qualifications of county school superintendents.
Section 10. Said chapter is further amended by repealing Code Section 20-2-105, relat ing to suspension of county school superintendents.
Section 11. Said chapter is further amended by repealing Code Section 20-2-106, relat ing to removal of the county school superintendent.
Section 12. Said chapter is further amended by repealing Code Section 20-2-107, relat ing to filling vacancies in the office of elected superintendents.
Section 13. Said chapter is further amended by striking Code Section 20-2-210, relating to annual performance evaluation, and inserting in its place a new Code section to read as follows:
"20-2-210. All personnel employed by local units of administration, including elected and appointed school superintendents, shall have their performance evaluated annually by appropriately trained evaluators. All such performance evaluation records shall be part of the personnel evaluation file and shall be confidential. In the case of local school superin tendents, such evaluations shall be performed by the local board of education. Certificated professional personnel who have deficiencies and other needs shall have professional devel opment plans designed to mitigate such deficiencies and other needs as may have been iden tified during the evaluation process. Progress relative to completing the annual professional development plan shall be assessed during the annual evaluation process. The State Board of Education shall adopt such regulations and standards as are deemed necessary to ensure that the annual evaluation and professional improvement planning processes are as objec tive, equitable, and effective as possible. The state board shall provide for the development and implementation by July 1, 1989, of a state-wide uniform annual evaluation instrument for each classification of professional personnel certificated by the Professional Standards Commission. All such instruments shall be field tested and revised to meet established mea surement criteria designed to provide for validity and reliability."
Section 14. Code Section 21-5-3 of the Official Code of Georgia Annotated, relating to definitions for purposes of Chapter 5 of Title 21, the "Ethics in Government Act," is amended by striking subparagraph (F) of paragraph (15) and inserting in its place a new subparagraph to read as follows:
"(F) Every elected county official, every elected county or area school superintendent, and every elected member of a county or area local board of education; and".
Section 15. Code Section 45-2-1 of the Official Code of Georgia Annotated, relating to persons ineligible for public office, is amended by striking paragraph (7) thereof and in serting in its place a new paragraph to read as follows:
"(7) A person who has not been a bona fide citizen of the county in which he that person shall be elected or appointed at least 12 months prior to k*9 that person's election or appointment and who is not a qualified voter entitled to vote; provided, however, that any person who shall have been a bona fide citizen of a county for 12 months ahall be eligible to be elected or appointed as county school superintendent even though said person may not reside in that part of the county which ia under the supervision of the county superinten dent of schools and is ineligible to vote in the election for such superintendent of achoola, or no prior state or county residency requirement shall be applicable to any appointed local superintendent of schools; or".

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Section 16. This Act shall become effective upon the approval of this Act by the Gover nor or upon its becoming law without such approval except that Sections 1, 2, 3, and 4 shall become effective January 1, 1994, and except that Sections 10, 11, 13, and 14 shall become effective January 1, 1997.
Section 17. All laws and parts of laws in conflict with this Act are repealed.

Senators Clay of the 37th and Scott of the 36th offered the following amendment:

Amend the substitute to HB 300 offered by the Senate Committee on Education by adding after the semicolon on line 13 of page 1 the following:
"to change the manner in which certain insurance may be provided;"
By adding after the period on line 15 of page 8 the following:
"Such insurance may be provided through a group policy secured by the local school district, a group policy secured by several local school districts, or by a policy secured by an organization of local school boards."
By striking lines 21 through 26 of page 8 and inserting in their places the following:
"Chapter 18 of Title 45. The remainder of such insurance coat ahall be paid aa an cm ployee contribution by thoac members of the local board of education who elect to pnrtici' pate in the insurance offered by that board, based upon whether those members elect family or individual coverage. The remainder of such insurance costs, and all the costs of any cov erage for family members, shall be paid as an employee contribution by the board member."
By striking line 18 through 31 of page 13 and inserting in their places the following:
"Code Section 20-2-940. In any appeal to the State Board of Education under Code Section 20-2-1160 of a decision to terminate a school superintendent, the chairperson of the local board shall perform all duties in connection with preparing and certifying the record to the state board and all other duties performed by the superintendent in connection with such appeal. If the dismissal of the superintendent is reversed on appeal, the superintendent shall be paid the superintendent's salary and other compensation which accrued pending appeal, but if the dismissal is affirmed, it shall be effective as of the date of the decision of the local board or of any tribunal to which the matter may have been referred by the board."

On the adoption of the amendment, the yeas were 40, nays 1, 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.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Balfour Baugh Blitch Boshears Bowen Broun of 46th Brown of 26th

Burton Cheeks Clay Coleman Crotts Dawkins Day Dean

Egan Farrow Gillis Glanton Gochenour Harbison Hemmer Henson

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Hill Hooks Hugging Isakson Kemp Langford of 35th Langford of 29th Madden Marable Middleton

Newbill Oliver Parrish Perdue Pollard Ragan of llth Ragan of 32nd Ralston Ray Robinson

Scott Slotin Starr Taylor Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Alien (excused)

Edge

Garner (presiding)

On the passage of the bill, the yeas were 53, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

The following general bill of the House, having been read the third time on March 2 and postponed until March 4, was put upon its passage:

HB 502. By Representatives Buck of the 135th, Powell of the 23rd, Carrell of the 87th and others:
A bill to amend Chapter 16 of Title 47 of the Official Code of Georgia Annotated, relating to the Sheriffs' Retirement Fund of Georgia, so as to authorize the board of trustees of such fund to grant postretirement benefit increases.
Senate Sponsor: Senator Robinson of the 16th.

The following Certification, as required by law, was read by the Secretary:

DEPARTMENT OF AUDITS 254 Washington Street, S.W.
Room 214 Atlanta, Georgia 30334-8400

STATE AUDITOR'S CERTIFICATION

TO:

The Honorable Bill Cummings, Chairman

House Retirement Committee

FROM:

Claude L. Vickers, State Auditor

DATE:

February 10, 1993

SUBJECT: House Bill 502 (substitute) (LC 21 2214S) Sheriffs' Retirement Fund

This bill provides the board of trustees of the Sheriffs' Retirement Fund the authority to grant certain post retirement and prospective retirement benefit adjustments from time to time. The prospective retirement benefit adjustment could not exceed 3 percent per year and the initial increase may become effective on July 1, 1993. Thereafter, the increases may be authorized effective as of January 1 and July 1 of each year provided that no such in crease will exceed 1.5 percent.

This is to certify that this is a nonfiscal retirement bill as defined in the Public Retire ment Systems Standards Law.

Isl Claude L. Vickers State Auditor

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The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Balfour Baugh Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cheeks Clay Coleman Crotts Dawkins Dean Egan Farrow

Gillis Glanton Gochenour Harbison Hemmer Henson Hill Hooks Huggins Isakson Kemp Langford of 35th Langford of 29th Marable Middleton Newbill

Oliver Parrish Pollard Ragan of llth Ragan of 32nd Ralston Ray Robinson Scott Slotin Starr Taylor Thomas Thompson Turner Tysinger

Those not voting were Senators:

Alien (excused) Day Edge

Garner (presiding) Madden

Perdue Walker

On the passage of the bill, the yeas were 49, nays 0.

The bill, having received the requisite constitutional majority, was passed.

Serving as doctor of the day today was Dr. Robert Ollins of Marietta, Georgia.

Senator Robinson of the 16th moved that the Senate do now adjourn until 9:30 o'clock A.M. tomorrow, and the motion prevailed.

At 2:50 o'clock P.M., Senator Garner of the 30th, President Pro Tempore, who was presiding, announced the Senate adjourned until 9:30 o'clock A.M. tomorrow.

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Senate Chamber, Atlanta, Georgia Friday, March 5, 1993
Thirty-second Legislative Day
The Senate met pursuant to adjournment at 9:30 o'clock A.M. today and was called to order by the President.
Senator Huggins of the 53rd reported that the Journal of yesterday's proceedings had been read and found correct.
By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House:
HB 259. By Representatives Murphy of the 18th, Coleman of the 142nd, Walker of the 141st, Baker of the 70th, Bordeaux of the 151st and others: A bill to make and provide appropriations for the State Fiscal Year beginning July 1, 1993 and ending June 30, 1994.
HB 350. By Representatives Baker of the 70th, Bordeaux of the 151st and Orrock of the 56th: A bill to amend Chapter 1 of Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation in general, so as to provide that for certain pur poses computer software shall constitute personal property only to the extent of the value of the storage medium.
HB 682. By Representatives Vaughan of the 34th, Shipp of the 38th, Ehrhart of the 36th, Coker of the 31st and Klein of the 39th: A bill to amend an Act creating the Cobb Year 2000 Commission, so as to change the manner in which members shall be selected.
HB 922. By Representatives Wall of the 82nd and Johnson of the 84th: A bill to amend an Act creating a new charter for the City of Lawrenceville, so as to change the corporate limits of the city.
HB 932. By Representatives Mueller of the 152nd, Dixon of the 150th and Johnson of the 153rd: A bill to provide for the nonpartisan nomination and election of the judge of the Probate Court of Chatham County.
HB 942. By Representative Streat of the 167th: A bill to provide a new charter for the City of Douglas.
HB 944. By Representative Pinholster of the 15th: A bill to amend an Act to create the office of Commissioner of Pickens County, so as to provide for certain restrictions on the authority of a retiring commissioner.

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HB 962. By Representatives Chambless of the 163rd, White of the 161st and Roberts of the 162nd:
A bill to amend an Act creating the State Court of Dougherty County, formerly known as the City Court of Albany, so as to change the provisions relating to the compensation of the judge of the state court; to provide that the district attorney of the Dougherty Judicial Circuit shall appoint an assistant district attorney as a full-time solicitor of the state court.
HB 963. By Representatives Chambless of the 163rd, White of the 161st and Roberts of the 162nd:
A bill to amend an Act creating the Small Claims Court of Dougherty County, so as to change the provisions relating to the chief magistrate and magistrates; to provide for a full-time chief magistrate and part-time magistrates and their selec tion and compensation.
HB 968. By Representative Murphy of the 18th:
A bill to establish the compensation of certain officials of Haralson County; to amend an Act creating the office of county commissioner of Haralson County, so as to provide for the compensation of such official.
HB 243. By Representatives Chambless of the 163rd, Thomas of the 100th, Hammond of the 32nd and Floyd of the 172nd:
A bill to amend Article 2 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to clerks of superior courts, so as to create the Georgia Clerks' Cooperative Authority as a body corporate and politic, an instrumentality of the state, and a public corporation.
HB 554. By Representatives Wall of the 82nd, Dix of the 76th, Mobley of the 86th, John son of the 84th, Crews of the 78th and others:
A bill to amend Code Section 48-5-32.1 of the Official Code of Georgia Anno tated, relating to the certification of assessed taxable value of property and method of computation, so as to require a taxing jurisdiction to take certain ac tions with respect to certifying its millage rate.
HB 786. By Representatives Hudson of the 156th, Reaves of the 178th, Royal of the 164th, Ray of the 128th, Bostick of the 165th and others:
A bill to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use tax, so as to provide for an ex emption for certain sales of fruits, nuts, vegetables, Vidalia onions, or truck crops.
HB 630. By Representatives Twiggs of the 8th, Dover of the 9th, Parham of the 122nd, Parrish of the 144th and Hughes of the 19th:
A bill to amend Article 1 of Chapter 9 of Title 48 of the Official Code of Georgia Annotated, known as the "Motor Fuel Tax Law," so as to define terms relating to the importation, exportation, and storage of such motor fuels; to establish mini mum documentation for interstate and international shipments of motor fuels.
HB 320. By Representative Lane of the 55th:
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 that the new license plates issued in 1995 shall bear figures, characters, symbols, or a com bination thereof to commemorate and promote the 1996 Olympics to be held in Atlanta, Georgia.

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HB 631. By Representative Barnes of the 33rd:
A bill to amend Chapter 36 of Title 43 of the Official Code of Georgia Annotated, relating to the licensing and regulation of polygraph examiners, so as to repeal the exemptions from payment of application and licensing fees applicable to mu nicipal, county, state, or federal employees.
HB 712. By Representative Randall of the 127th:
A bill to amend Code Section 16-13-49 of the Official Code of Georgia Annotated, relating to forfeitures under Article 2 of Chapter 13 of Title 16, known as the "Georgia Controlled Substances Act," so as to change the provisions relating to notices of the seizure of property having an estimated value of $25,000.00 or less.
HB 659. By Representatives Scoggins of the 24th, Holland of the 157th, Heard of the 89th and Sherrill of the 62nd:
A bill to amend Article 2 of Chapter 10 of Title 16 of the Official Code of Georgia Annotated, relating to obstruction of public administration and related offenses, so as to prohibit certain acts involving the knowing and willful obstruction or hinderance of any emergency medical technician in the performance of such emergency medical technician's official duties.
HB 764. By Representatives Carrell of the 87th, Mobley of the 86th, Streat of the 167th and Coker of the 31st:
A bill to amend Code Section 15-16-8 of the Official Code of Georgia Annotated, relating to the filling of vacancies in the office of sheriff, so as to authorize the provision by local law for alternative methods of filling such vacancies.
HB 686. By Representatives Cox of the 160th and Royal of the 164th:
A bill to amend Article 6 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to human body traffic, so as to provide that it shall be unlaw ful for any person to remove from the scene of the death or dismemberment of any person any human body part.
HB 802. By Representatives Holmes of the 53rd, Cauthorn of the 35th and Canty of the 52nd:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide for notification to voters in the event a candidate is disqualified; to change certain provisions relating to boards which assume the duties of election superintendents under certain circumstances.
HB 811. By Representatives Buck of the 135th, Smyre of the 136th and Culbreth of the 132nd:
A bill to amend Chapter 9 of Title 33 of the Official Code of Georgia Annotated, relating to insurance rates, underwriting rules, and related organizations, so as to provide for a premium reduction applicable to policies of workers' compensation insurance if the insured under such policy establishes and maintains a drug-free workplace program which complies with certain requirements.
HB 244. By Representatives Chambless of the 163rd, Thomas of the 100th, Hammond of the 32nd and Floyd of the 172nd:
A bill to amend Title 11 of the Official Code of Georgia Annotated, known as the "Uniform Commercial Code," so as to provide for certain additional defined terms to be used in Article 9; to amend Code Section 15-6-77 of the Official Code of Georgia Annotated, relating to filing fees of the superior courts, so as to raise the filing fees for financing statements.

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HB 680. By Representatives Mobley of the 69th, Randall of the 127th, Turnquest of the 73rd, Henson of the 65th, Baker of the 70th and others:
A bill to amend Code Section 19-13-4 of the Official Code of Georgia Annotated, relating to family violence, protective orders, consent agreements, and their con tents, copies, and enforcement, so as to provide for applicability, jurisdiction, and enforcement of protective orders throughout the state.
HB 648. By Representative Lord of the 121st:
A bill to amend Chapter 9 of Title 33 of the Official Code of Georgia Annotated, relating to insurance rates, underwriting rules, and rating organizations, so as to revise provisions relative to premium discounts for drivers meeting certain re quirements and completing certain courses.
The House has passed, as amended, by the requisite constitutional majority the follow ing bill of the Senate:
SB 73. By Senators Taylor of the 12th, Henson of the 55th and Brown of the 26th:
A bill to amend Part 12 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the effectiveness of educational programs, so as to provide for findings; to provide for a definition; to provide for a Council for School Performance and its membership, organization, compensation and ex penses, and powers and duties; to provide for duties of the Department of Education.
The House has adopted by the requisite constitutional majority the following resolu tions of the House:
HR 66. By Representatives Ray of the 128th, Walker of the 141st and Floyd of the 138th:
A resolution creating the Joint Study Committee on Sludge.
HR 332. By Representatives Murphy of the 18th, Connell of the 115th, Walker of the 141st, Groover of the 125th, Lee of the 94th and others:
A resolution creating the Joint Commission on Legislative Information Management.
The following bills and resolution of the Senate were introduced, read the first time and referred to committees:
SB 377. By Senator Hemmer of the 49th:
A bill to amend Part 10 of Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to employees of certain state authorities being members of the Employees' Retirement System of Georgia, so as to provide that all officers and employees of the Lake Lanier Islands Development Authority shall become members of such retirement system; to provide for prior service credit for such officers and employees employed prior to July 1, 1994. Referred to Committee on Retirement.
SB 378. By Senators Walker of the 22nd and Cheeks of the 23rd: A bill to amend Code Section 47-2-264 of the Official Code of Georgia Annotated, relating to membership in the Employees' Retirement System of Georgia for sec retaries employed by superior court judges and district attorneys, so as to change

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provisions relating to establishment of creditable service for certain prior em ployment; to provide for related matters; to provide conditions for an effective date and automatic repeal. Referred to Committee on Retirement.
SB 379. By Senators Pollard of the 24th and Cheeks of the 23rd:
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 chairperson of the board of elections; to provide for an executive director and the powers and duties of such executive director. Referred to Committee on Urban and County Affairs.
SB 380. By Senator Garner of the 30th:
A bill to amend Article 2 of Chapter 5 of Title 36 of the Official Code of Georgia Annotated, relating to county governing authorities, so as to delete certain provi sions establishing an annual salary for the county commissioner in each county in this state having a population of not less than 12,300 nor more than 12,400 ac cording to the decennial census of 1980 or any future such census; to provide for construction and applicability; to provide for an effective date. Referred to Committee on Urban and County Affairs (General).
SB 381. By Senators Henson of the 55th, Scott of the 36th, Hemmer of the 49th and others:
A bill to amend Code Section 12-8-24 of the Official Code of Georgia Annotated, relating to permits for solid waste or special solid waste handling, disposal, or thermal treatment facilities, so as to provide that no person shall begin construc tion on or be issued a permit for the construction of a biomedical waste thermal treatment technology facility prior to a certain date; to provide for exceptions; to provide for a study and report; to provide an effective date. Referred to Committee on Natural Resources.
SB 382. By Senator Kemp of the 3rd:
A bill to create the State Court of Mclntosh County; to specify the location of the court; to provide jurisdiction of the court; to provide for jury trial under certain circumstances; to provide for practice and procedure; to provide terms of court; to specify costs; to provide for transfer of certain matters from the Supe rior Court of Mclntosh County; to provide for institution of criminal cases; to provide for appeals; to provide for juries. Referred to Committee on Urban and County Affairs.
SR 259. By Senators Gillis of the 20th, Hill of the 4th, Bowen of the 13th and others:
A resolution creating the Senate Wildlife Protection Study Committee. Referred to Committee on Rules.
The following bills and resolutions of the House were read the first time and referred to committees:
HB 243. By Representatives Chambless of the 163rd, Thomas of the 100th, Hammond of the 32nd and Floyd of the 172nd:
A bill to amend Article 2 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to clerks of superior courts, so as to create the Georgia

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1021

Clerks' Cooperative Authority as a body corporate and politic, an instrumentality of the state, and a public corporation. Referred to Committee on Judiciary.
HB 244. By Representatives Chambless of the 163rd, Thomas of the 100th, Hammond of the 32nd and Floyd of the 172nd:
A bill to amend Title 11 of the Official Code of Georgia Annotated, known as the "Uniform Commercial Code," so as to provide for certain additional denned terms to be used in Article 9; to amend Code Section 15-6-77 of the Official Code of Georgia Annotated, relating to filing fees of the superior courts, so as to raise the filing fees for financing statements.
Referred to Committee on Judiciary.
HB 259. By Representatives Murphy of the 18th, Coleman of the 142nd, Walker of the 141st and others:
A bill to make and provide appropriations for the State Fiscal Year beginning July 1, 1993 and ending June 30, 1994. Referred to Committee on Appropriations.
HB 320. By Representative Lane of the 55th:
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 that the new license plates issued in 1995 shall bear figures, characters, symbols, or a com bination thereof to commemorate and promote the 1996 Olympics to be held in Atlanta, Georgia. Referred to Committee on Public Safety.
HB 350. By Representatives Baker of the 70th, Bordeaux of the 151st and Orrock of the 56th:
A bill to amend Chapter 1 of Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation in general, so as to provide that for certain pur poses computer software shall constitute personal property only to the extent of the value of the storage medium.
Referred to Committee on Finance and Public Utilities.
HB 554. By Representatives Wall of the 82nd, Dix of the 76th, Mobley of the 86th and others:
A bill to amend Code Section 48-5-32.1 of the Official Code of Georgia Anno tated, relating to the certification of assessed taxable value of property and method of computation, so as to require a taxing jurisdiction to take certain ac tions with respect to certifying its millage rate. Referred to Committee on Finance and Public Utilities.
HB 630. By Representatives Twiggs of the 8th, Dover of the 9th, Parham of the 122nd and others:
A bill to amend Article 1 of Chapter 9 of Title 48 of the Official Code of Georgia Annotated, known as the "Motor Fuel Tax Law," so as to define terms relating to the importation, exportation, and storage of such motor fuels; to establish mini mum documentation for interstate and international shipments of motor fuels. Referred to Committee on Finance and Public Utilities.

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HB 631. By Representative Barnes of the 33rd:
A bill to amend Chapter 36 of Title 43 of the Official Code of Georgia Annotated, relating to the licensing and regulation of polygraph examiners, so as to repeal the exemptions from payment of application and licensing fees applicable to mu nicipal, county, state, or federal employees. Referred to Committee on Public Safety.
HB 648. By Representative Lord of the 121st:
A bill to amend Chapter 9 of Title 33 of the Official Code of Georgia Annotated, relating to insurance rates, underwriting rules, and rating organizations, so as to revise provisions relative to premium discounts for drivers meeting certain re quirements and completing certain courses. Referred to Committee on Insurance and Labor.
HB 659. By Representatives Scoggins of the 24th, Holland of the 157th, Heard of the 89th and Sherrill of the 62nd:
A bill to amend Article 2 of Chapter 10 of Title 16 of the Official Code of Georgia Annotated, relating to obstruction of public administration and related offenses, so as to prohibit certain acts involving the knowing and willful obstruction or hinderance of any emergency medical technician in the performance of such emergency medical technician's official duties. Referred to Committee on Special Judiciary.
HB 680. By Representatives Mobley of the 69th, Randall of the 127th, Turnquest of the 73rd and others:
A bill to amend Code Section 19-13-4 of the Official Code of Georgia Annotated, relating to family violence, protective orders, consent agreements, and their con tents, copies, and enforcement, so as to provide for applicability, jurisdiction, and enforcement of protective orders throughout the state. Referred to Committee on Special Judiciary.
HB 686. By Representatives Cox of the 160th and Royal of the 164th:
A bill to amend Article 6 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to human body traffic, so as to provide that it shall be unlaw ful for any person to remove from the scene of the death or dismemberment of any person any human body part. Referred to Committee on Special Judiciary.
HB 712. By Representative Randall of the 127th:
A bill to amend Code Section 16-13-49 of the Official Code of Georgia Annotated, relating to forfeitures under Article 2 of Chapter 13 of Title 16, known as the "Georgia Controlled Substances Act," so as to change the provisions relating to notices of the seizure of property having an estimated value of $25,000.00 or less. Referred to Committee on Special Judiciary.
HB 764. By Representatives Carrell of the 87th, Mobley of the 86th, Street of the 167th and Coker of the 31st:
A bill to amend Code Section 15-16-8 of the Official Code of Georgia Annotated, relating to the filling of vacancies in the office of sheriff, so as to authorize the provision by local law for alternative methods of filling such vacancies. Referred to Committee on Public Safety.

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HB 786. By Representatives Hudson of the 156th, Reaves of the 178th, Royal of the 164th and others:
A bill to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use tax, so as to provide for an ex emption for certain sales of fruits, nuts, vegetables, Vidalia onions, or truck crops. Referred to Committee on Finance and Public Utilities.
HB 802. By Representatives Holmes of the 53rd, Cauthorn of the 35th and Canty of the 52nd:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide for notification to voters in the event a candidate is disqualified; to change certain provisions relating to boards which assume the duties of election superintendents under certain circumstances. Referred to Committee on Governmental Operations.
HB 811. By Representatives Buck of the 135th, Smyre of the 136th and Culbreth of the 132nd:
A bill to amend Chapter 9 of Title 33 of the Official Code of Georgia Annotated, relating to insurance rates, underwriting rules, and related organizations, so as to provide for a premium reduction applicable to policies of workers' compensation insurance if the insured under such policy establishes and maintains a drug-free workplace program which complies with certain requirements. Referred to Committee on Insurance and Labor.
HB 682. By Representatives Vaughan of the 34th, Shipp of the 38th, Ehrhart of the 36th and others:
A bill to amend an Act creating the Cobb Year 2000 Commission, so as to change the manner in which members shall be selected. Referred to Committee on Urban and County Affairs.
HB 922. By Representatives Wall of the 82nd and Johnson of the 84th: A bill to amend an Act creating a new charter for the City of Lawrenceville, so as to change the corporate limits of the city.
Referred to Committee on Urban and County Affairs.
HB 932. By Representatives Mueller of the 152nd, Dixon of the 150th and Johnson of the 153rd: A bill to provide for the nonpartisan nomination and election of the judge of the Probate Court of Chatham County.
Referred to Committee on Urban and County Affairs.
HB 942. By Representative Streat of the 167th:
A bill to provide a new charter for the City of Douglas. Referred to Committee on Urban and County Affairs.
HB 944. By Representative Pinholster of the 15th:
A bill to amend an Act to create the office of Commissioner of Pickens County, so as to provide for certain restrictions on the authority of a retiring commissioner. Referred to Committee on Urban and County Affairs.

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HB 962. By Representatives Chambless of the 163rd, White of the 161st and Roberts of the 162nd: A bill to amend an Act creating the State Court of Dougherty County, formerly known as the City Court of Albany, so as to change the provisions relating to the compensation of the judge of the state court; to provide that the district attorney of the Dougherty Judicial Circuit shall appoint an assistant district attorney as a full-time solicitor of the state court.
Referred to Committee on Urban and County Affairs.
HB 963. By Representatives Chambless of the 163rd, White of the 161st and Roberts of the 162nd: A bill to amend an Act creating the Small Claims Court of Dougherty County, so as to change the provisions relating to the chief magistrate and magistrates; to provide for a full-time chief magistrate and part-time magistrates and their selec tion and compensation.
Referred to Committee on Urban and County Affairs.
HB 968. By Representative Murphy of the 18th: A bill to establish the compensation of certain officials of Haralson County; to amend an Act creating the office of county commissioner of Haralson County, so as to provide for the compensation of such official.
Referred to Committee on Urban and County Affairs.
HR 66. By Representatives Ray of the 128th, Walker of the 141st and Floyd of the 138th: A resolution creating the Joint Study Committee on Sludge.
Referred to Committee on Rules.
HR 332. By Representatives Murphy of the 18th, Connell of the 115th, Walker of the 141st and others: A resolution creating the Joint Commission on Legislative Information Management.
Referred to Committee on Rules.
The following reports of standing committees were read by the Secretary:
Mr. President:
The Committee on Education has had under consideration the following bill of the House and has instructed me to report the same back to the Senate with the following recommendation:
HB 248. Do pass as amended.
Respectfully submitted,
Senator Scott of the 36th District, Chairman
Mr. President:
The Committee on Ethics has had under consideration the following bill of the House

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1025

and has instructed me to report the same back to the Senate with the following recommendation:
HB 49. Do pass. Respectfully submitted, Senator Hill of the 4th 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 90. Do pass. HB 543. Do pass as amended.

HB 544. Do pass. HB 545. Do pass as amended.

Respectfully submitted,

Mr. President:

Senator Oliver of the 42nd District, Chairman

The Committee on Public Safety has had under consideration the following bills of the House and Senate and has instructed me to report the same back to the Senate with the following recommendations:

SB 168. Do pass by substitute.

HB 476. Do pass.

SB 340. HB 205. HB 206.

Do pass. Do pass. Do pass as amended.

HB 585. Do pass. HB 759. Do pass.

Respectfully submitted,

Senator Bowen of the 13th District, Chairman

Mr. President:

The Committee on Retirement has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations:

HB 38. Do pass. HB 750. Do pass by substitute.

HB 779. Do pass. HB 782. Do pass.

Respectfully submitted,

Mr. President:

Senator Huggins of the 53rd District, Chairman

The Committee on Science, Technology and Industry 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 248. Do pass. HB 538. Do pass. HB 714. Do pass.
Respectfully submitted,
Senator Tysinger of the 41st District, Chairman

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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 403. Do pass as amended.
Respectfully submitted,
Senator Egan of the 40th 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 24. Do pass. HB 402. Do pass. HB 584. Do pass.
Respectfully submitted,
Senator Egan of the 40th District, Chairman

Mr. President:

The Committee on Transportation has had under consideration the following bill of the House and has instructed me to report the same back to the Senate with the following recommendation:
HB 660. 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 and resolution of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SB 362. SB 363. SB 364. SB 365. SB 366. SR 250. HB 603.

Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass.

HB 604. Do pass. HB 888. Do pass. HB 910. Do pass. HB 918. Do pass. HB 919. Do pass. HB 927. Do pass. HB 935. Do pass. Respectfully submitted, Senator Thompson of the 33rd District, Chairman

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1027

The following bills and resolutions of the Senate and House were read the second time:
SB 114. By Senator Langford of the 35th:
A bill to amend Code Section 16-12-60 of the Official Code of Georgia Annotated, relating to rules and regulations relating to bingo games, so as to change provi sions relating to the maximum amount of prizes awarded.
SB 131. By Senators Parrish of the 43rd and Henson of the 55th:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide for a program for registration of electors; to provide that license examiners employed by the Department of Public Safety shall be deputy registrars; to provide for powers and duties of such deputy registrars; to provide rule-making authority; to provide for a contingent effective date.
SB 209. By Senators Taylor of the 12th, Bowen of the 13th and Ragan of the llth:
A bill to amend Code Section 48-5-493 of the Official Code of Georgia Annotated, relating to the failure to attach and display certain decals to mobile homes, so as to provide that any person who moves or transports a mobile home which does not display a certain decal shall provide the tax collectors in certain counties with certain information; to provide a penalty.
SB 226. By Senators Taylor of the 12th, Henson of the 55th and Brown of the 26th:
A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to the regulation of insurance, so as to provide a short title; to provide for intent; to authorize the Commissioner of Insurance to develop a Georgia Reform Insurance Plan (GRIP); to provide for features of such plan; to provide for definitions; to provide requirements for health insurance policies; to provide for the calculation of premium rates.
SB 256. By Senator Henson of the 55th:
A bill to amend Code Section 53-3-6 of the Official Code of Georgia Annotated, relating to procedure when a will is lost or destroyed and the presumption of revocability, so as to provide for applicability language.
SB 273. By Senators Pollard of the 24th and Ray of the 19th:
A bill to amend Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, so as to provide that no municipal inmate shall be deemed to be an employee for purposes of obtaining workers' compensa tion benefits; to provide an effective date.
SB 290. By Senators Scott of the 36th, Thomas of the 10th, Starr of the 44th and Parrish of the 43rd:
A bill to amend Code Section 20-2-211 of the Official Code of Georgia Annotated, relating to contracts of teachers and other school personnel, so as to change which personnel are eligible for such contracts; to provide an effective date.
SB 295. 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 wholesale distribution by out-of-state principals and the relationship between a principal and a sales representative, so as to change a definition; to provide for applicability of said article to principals located in this state.

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SB 296. By Senators Balfour of the 9th, Isakson of the 21st, Starr of the 44th and others:
A bill to amend Code Section 48-5-311 of the Official Code of Georgia Annotated, relating to the creation of county boards of equalization and their duties regard ing review of assessments and appeal procedures, so as to provide for filing by mail; to provide for appeals of assessments; to provide for forms of appeals; to provide a time limitation for responses to appeals; to provide for open hearings.
SB 304. By Senators Garner of the 30th, Henson of the 55th and Hemmer of the 49th:
A bill to amend Part 1 of Article 4 of Chapter 12 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia Sports Hall of Fame, so as to change the membership of the Georgia Sports Hall of Fame Board; to provide for related matters; to provide an effective date.
SB 307. By Senators Marable of the 52nd, Hemmer of the 49th and Hill of the 4th:
A bill to amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, so as to provide that no driver's license shall be rein stated and no new driver's license shall be issued to any DUI offender absent proof of completion of an approved DUI Alcohol or Drug Use Risk Reduction program.
SB 311. By Senators Boshears of the 6th and Harbison of the 15th:
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 enact the "Georgia Handicapped and Impaired Veterans Housing Access Act"; to provide definitions; to provide that the provisions of said article shall apply to certain private residences constructed for first occupancy after January 1, 1994.
SB 312. By Senators Henson of the 55th, Thomas of the 10th and Parrish of the 43rd:
A bill to amend Title 37 of the Official Code of Georgia Annotated, relating to mental health, so as to authorize a clinical nurse specialist in psychiatric/mental health to perform certain acts which physicians, psychologists, and clinical social workers are authorized to perform regarding persons who are mentally ill or alco holic or drug dependent individuals; to define a term.
SB 313. By Senators Balfour of the 9th, Day of the 48th, Clay of the 37th and others:
A bill to amend Chapter 4 of Title 7 of the Official Code of Georgia Annotated, relating to general provisions relative to interest and usury, so as to change the maximum rate of interest allowed; to define a certain term; to provide for applicability.
SB 314. By Senator Clay of the 37th:
A bill to amend Code Section 3-3-7 of the Official Code of Georgia Annotated, relating to local authorization and regulation of sales of alcoholic beverages on Sunday, so as to authorize and regulate the sale of alcoholic beverages for con sumption on the premises on Sunday in certain municipalities during certain hours; to provide for practices, procedures, and requirements related thereto; to provide an effective date.
SB 316. By Senators Marable of the 52nd, Newbill of the 56th, Scott of the 36th and Henson of the 55th:
A bill to amend Code Section 20-2-282 of the Official Code of Georgia Annotated, relating to evaluation of schools, so as to change the standards for designation as "high-achieving schools".

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1029

SB 318. By Senator Edge of the 28th:
A bill to amend Code Section 31-33-3 of the Official Code of Georgia Annotated, relating to the cost of copying and mailing a patient's records, so as to provide for the charges that may be required by the provider prior to the records being furnished to the party requesting the patient's records; to provide for related matters; to provide for an effective date.
SB 326. By Senators Hill of the 4th, Marable of the 52nd, Perdue of the 18th and Pollard of the 24th:
A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to require insurance coverage for certain types of anti-cancer drug therapy; to provide for definitions; to provide for conditions of coverage; to provide for enforcement; to provide for applicability.
SB 328. By Senators Coleman of the 1st, Thompson of the 33rd and Taylor of the 12th:
A bill to amend Title 32 of the Official Code of Georgia Annotated, known as the "Georgia Code of Public Transportation," so as to change the name of the State Tollway Authority to the Georgia Transportation Authority; to change the provi sions relating to the authority; to include rail passenger facilities among the projects authorized; to provide for powers and duties; to provide for an effective date.
SB 333. By Senator Coleman of the 1st:
A bill to amend Code Section 32-1-3 of the Official Code of Georgia Annotated, relating to definitions, so as to provide that the definition of "other transporta tion purposes" or "other public transportation purposes" shall include "transpor tation enhancement activities" as that word is defined by federal law; to provide an effective date.
SB 339. By Senators Robinson of the 16th, Henson of the 55th, Pollard of the 24th and Harbison of the 15th:
A bill to amend Code Section 45-20-2 of the Official Code of Georgia Annotated, relating to definitions regarding the State Merit System of Personnel Adminis tration, so as to provide for the reclassification of certain employees employed by the Commissioner of Insurance; to provide an effective date.
SB 342. By Senator Madden of the 47th:
A bill to amend Part 6 of Article 7 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, the "Upper Savannah River Development Authority Act," so as to change the membership of the authority; to change the operational jurisdic tion of the authority; to revise the scope and definition of a project of the author ity; to remove the prohibition on acquisition of encumbered property; to charge tolls, fees, rents, and assessments for use of authority property.
SB 343. By Senator Coleman of the 1st:
A bill to amend Code Section 32-6-51 of the Official Code of Georgia Annotated, relating to erection or maintenance of unlawful or unauthorized structures on public roads, so as to change a definition; to require permits from the Depart ment of Transportation for bus shelters on state or federal aid primary roads, and to authorize local governments to require approval for bus shelters on certain other roads; to provide for orders; to remove shelters in violation.

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SB 346. By Senators Robinson of the 16th and Harbison of the 15th:
A bill to amend Code Section 7-1-320 of the Official Code of Georgia Annotated, relating to definitions with regard to affiliate transfers between certain financial institutions, so as to provide that an affiliate transfer shall include a transfer of fiduciary capacities from a bank to an affiliated bank authorized to exercise trust powers; to provide that an affiliated trust company shall include an affiliated bank authorized to exercise trust powers.
SB 347. By Senators Robinson of the 16th and Harbison of the 15th:
A bill to amend Code Section 7-1-394 of the Official Code of Georgia Annotated, relating to the investigation of and approval or disapproval of banks and trust companies, so as to authorize the Department of Banking and Finance to estab lish by rule or as a condition to the approval of articles of incorporation of a special purpose bank certain special conditions; to provide for editorial revision.
SB 352. By Senators Middleton of the 50th, Marable of the 52nd, Thompson of the 33rd and others:
A bill to amend Code Section 20-2-915 of the Official Code of Georgia Annotated, relating to health insurance coverage for retiring and retired public school em ployees and certain other employees, so as to provide for such coverage for all such persons.
SB 355. By Senators Broun of the 46th and Turner of the 8th:
A bill to amend Title 7 of the Official Code of Georgia Annotated, relating to banking and finance, so as to provide that certain documents of financial institu tions shall be delivered to the Department of Banking and Finance rather than the Secretary of State.
SB 357. By Senators Harbison of the 15th, Kemp of the 3rd and Ray of the 19th:
A bill to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates, so as to provide for issuance of special license plates to retired reservists; to provide for procedures and fees; to provide for editorial revisions.
SB 358. By Senators Perdue of the 18th, Robinson of the 16th, Edge of the 28th and Oliver of the 42nd:
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 authorize the juvenile courts to use supervision fees to provide mediation services; to provide an effective date.
SB 359. By Senator Robinson of the 16th:
A bill to amend Code Sections 7-1-289 and 7-1-290 of the Official Code of Geor gia Annotated, relating to security interests which may be pledged by banks and powers of a bank to act as surety or guarantor, Chapter 8 of Title 45, relating to the accounting of public funds, and Code Section 50-17-59 of the Official Code of Georgia Annotated, relating to deposits of securities, so as to provide that a bank may pledge or otherwise grant security interests in its assets to secure deposits of public funds.
SB 367. By Senators Harbison of the 15th, Glanton of the 34th, Kemp of the 3rd and others:
A bill to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige and special license plates, so as to provide for the issuance of special license plates for retired members of the various branches of

FRIDAY, MARCH 5, 1993

1031

the armed forces of the United States; to provide for application procedures, fees, and transfer of such plates.
SB 368. By Senators Burton of the 5th, Harbison of the 15th and Glanton of the 34th:
A bill to amend Title 38 of the Official Code of Georgia Annotated, relating to military, emergency management, and veterans affairs, so as to change the provi sions relating to the command of the State Defense Force; to provide for an or derly succession of command; to limit the period of service of the commander of the State Defense Force; to provide for the role, functions, and responsibilities of the State Defense Force.
SB 369. By Senators Perdue of the 18th and Scott of the 36th:
A bill to amend Code Section 20-2-161.1 of the Official Code of Georgia Anno tated, relating to providing secondary school credit for postsecondary courses, so as to change the provisions relating to funding for eligible institutions.
SB 371. By Senators Turner of the 8th, Ragan of the llth, Blitch of the 7th and others:
A bill to amend Article 3 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to state symbols, so as to designate the "Jekyll Island Musi cal Theatre Festival" as the official state musical theatre of Georgia.
SB 372. By Senator Garner of the 30th:
A bill to amend Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to state purchasing, so as to provide for the purchase by the state and its political subdivisions of certain goods, wares, merchandise, and ser vices produced by community based rehabilitation programs and training cen ters; to repeal a specific provision of law relating to the requirement that goods and services be obtained from sheltered workshops and training centers when certified available.
SR 11. By Senators Ragan of the llth, Hemmer of the 49th, Ralston of the 51st and others:
A resolution urging the Atlanta Committee for Olympic Games, the Metropolitan Atlanta Olympic Games Authority, and the other Olympic organizing committees to avail themselves of the green industry in Georgia.
SR 109. By Senators Burton of the 5th, Marable of the 52nd and Tysinger of the 41st:
A resolution creating the Joint Study Committee on Creation of a State Depart ment, Commission, or Agency of the Deaf and Hard of Hearing.
SR 199. By Senators Middleton of the 50th and Henson of the 55th:
A resolution urging the Georgia Department of Industry, Trade, and Tourism to assist communities in the promotion of their locales as desirable retirement destinations.
SR 203. By Senators Hill of the 4th, Perdue of the 18th, Taylor of the 12th and others:
A resolution proposing an amendment to the Constitution so as to authorize counties and municipal corporations to enter into contracts for the purpose of sharing proceeds of ad valorem taxes assessed and collected on real property lo cated in such county or municipal corporation with other counties or municipal corporations with which the assessing county or municipal corporation has con tracted; to provide for the submission of this amendment for ratification or rejection.

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JOURNAL OF THE SENATE

SR 228. By Senators Muggins of the 53rd and Farrow of the 54th: A resolution designating the General Ron Griffith Highway.
SR 230. By Senator Brown of the 26th: A resolution designating a certain bridge as the Walter L. Hardin Bridge.
SR 231. By Senator Brown of the 26th: A resolution designating a certain crosswalk as the Bobby Jones Crosswalk.
SR 232. By Senators Taylor of the 12th, Ragan of the llth and Turner of the 8th: A resolution designating the Chattahoochee Valley Trail Scenic Highway.
SR 234. By Senator Robinson of the 16th: A resolution designating the Medal of Honor Highway for Freeman V. Horner.
SR 238. By Senator Thompson of the 33rd: A resolution ratifying the change of regional development center boundaries es tablished by the Board of Community Affairs; to provide for an effective date.
HB 167. By Representatives Canty of the 52nd, Tillman of the 173rd, Holmes of the 53rd and others: 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.
HB 301. By Representatives Benefield of the 96th, Dixon of the 150th, Brooks of the 103rd and others: A bill to amend Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to when public disclosure is not required for public records, so as to provide that rejected bid proposals and cost estimates of the Department of Transportation shall not be open to the public.
HB 429. By Representatives Smith of the 175th, Hart of the 116th, Purcell of the 147th and others: A bill to amend Part 2 of Article 9 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to receipt and disbursement of local school funds, so as to change the purposes for which those funds may be expended.
HB 462. By Representatives McBee of the 88th, Buck of the 135th, Heard of the 89th and others: A bill to amend Chapter 4A of Title 43 of the Official Code of Georgia Anno tated, known as the "Georgia Athlete Agents Regulatory Act of 1988," so as to change the definition of the term "athlete"; to define the scope of practice as an athlete agent in Georgia.
HB 505. By Representative Watson of the 139th: A bill to amend Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to standards and requirements for the construction and alteration of buildings and other structures, so as to revise extensively the provisions relating to state building, plumbing, electrical, and other such codes.

FRIDAY, MARCH 5, 1993

1033

HB 689. By Representative Barnes of the 33rd:
A bill to amend Article 4 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, the "Hospital Authorities Law," so as to provide for the merger of certain hospital authorities and the terms, conditions, and effects of such merger; to provide for reactivating certain hospital authorities.
HB 695. By Representatives Patten of the 176th, Barfoot of the 155th, Milam of the 130th and others:
A bill to amend Code Section 52-7-13 of the Official Code of Georgia Annotated, relating to boating safety zones and related matters, so as to restrict the opera tion of certain vessels on certain lakes.
HR 120. By Representatives Childers of the 13th and Stancil of the 91st:
A resolution requesting all health and human service programs which result in licensure or certification by the State of Georgia to include gerontology or geriat ric education within their programs and encouraging all licensing and certifica tion boards in Georgia to approve gerontology and geriatric education courses as meeting part of continuing education requirements for such licensure or certification.
The President called for the morning roll call, and the following Senators answered to their names:

Alien Balfour Baugh Blitch Boshears Bowen Broun of 46th Brown of 26th BChuerteokns Clay
Coleman Crotts
Dawkins Day Dean Edge Egan

Farrow Garner Gillis Glanton Gochenour Harbison Hemmer Henson HHoilol ks Huggins
Isakson Kemp
Langford of 29th Madden Marable Middleton Newbill

Oliver Parrish Perdue Pollard Ragan of llth Ragan of 32nd Ralston R "Roa^b.inson ^cott
bioim Starr
Thomas Thompson Turner Tysinger Walker

Those not answering were Senators:

Abernathy

Langford of 35th

Taylor

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, Reverend John Wyatt, pastor of First Baptist Church of Tucker, Tucker, Georgia, who offered scripture reading and prayer.

1034

JOURNAL OF THE SENATE

The following resolutions of the Senate were read and adopted:
SR 45. By Senator Dawkins of the 45th: A resolution commending the Heritage High School Patriots Wrestling Team.
SR 258. By Senators Balfour of the 9th, Newbill of the 56th, Day of the 48th and others: A resolution commending Teachers as Leaders.
SR 260. By Senators Balfour of the 9th and Burton of the 5th: A resolution commending Keith Martin.
SR 261. By Senator Slotin of the 39th: A resolution commending Reverend Charles L. Stokes.
SR 262. By Senator Langford of the 29th: A resolution expressing sympathy at the passing of Fuller E. Callaway, Jr.
SR 263. By Senator Starr of the 44th: A resolution recognizing the City of Morrow on the event of its fiftieth anniversary.
SR 264. By Senator Brown of the 26th: A resolution commending the Reverend Richard Roosevelt Reeves, Jr.
The following local, uncontested bills and resolution 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 5, 1993
THIRTY-SECOND LEGISLATIVE DAY (The names listed with each bill are the Senators whose districts are affected by the legislation.)
SB 362 Madden, 47th FRANKLIN COUNTY Creates a new Board of Commissioners of Franklin County; changes the pro visions relating to compensation of the Chairman.
SB 363 Madden, 47th FRANKLIN COUNTY Places the judge of the Probate Court on an annual salary; changes the provi sions relating to compensation of the judge of probate court.
SB 364 Madden, 47th FRANKLIN COUNTY Places the clerk of the Superior Court on an annual salary; changes the pro visions relating to compensation of the clerk of the superior court.

FRIDAY, MARCH 5, 1993

1035

SB 365 Madden, 47th FRANKLIN COUNTY Places the tax commissioner on an annual salary; changes the provisions re lating to compensation of the tax commissioner.
SB 366 Walker, 22nd Cheeks, 23rd RICHMOND COUNTY Transfers the intake and probation services of the Juvenile Court of Rich mond County to the statewide juvenile and intake services funded by the Georgia Department of Children and Youth Services; provides for a transfer of employees; provides for a contingent applicability date.
SR 250 Perdue, 18th HOUSTON COUNTY Creates the Houston County Efficiency in Governmental Services Commis sion.
HB 603 Taylor, 12th Hooks, 14th DOUGHERTY COUNTY Creates a board of commissioners; changes the commission districts.
HB 604 Taylor, 12th Hooks, 14th DOUGHERTY COUNTY Creates the Dougherty County School System; changes the composition of the Board of Education; changes the education districts.
HB 888 Crotts, 17th CITY OF FLOVILLA Provides a new charter for the City of Flovilla.
HB 910 Gillis, 20th CANDLER COUNTY Creates and establishes the Metter-Candler County Charter Commission.
HB 918 Gillis, 20th CITY OF EAST DUBLIN Provides a new charter for the city; provides for the election and term of the mayor pro tempore.
HB 919 Ray, 19th Gillis, 20th LAURENS COUNTY Provides for the election of members of the Board of Education; provides for compensation and expenses.
HB 927 Baugh, 25th PUTNAM COUNTY Creates the Board of Commissioners of Putnam County; changes the provi sions relating to the mileage allowance for members of the Board of Commis-

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JOURNAL OF THE SENATE

HB 935 Farrow, 54th CATOOSA COUNTY
Creates the office of tax commissioner of Catoosa County; increases the amount payable for clerical office help for the tax commissioner.

The report of the committee, which was favorable to the passage of the bills and resolu tion as reported, was agreed to.
On the passage of all the bills and resolution on the Senate Local Consent Calendar, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Alien Balfour Baugh Boshears Bowen Broun of 46th Brown of 26th Burton Cheeks Clay Coleman Crotts Dawkins Day Dean Edge
Egan

Farrow Garner Gillis Glanton Gochenour Harbison Hemmer Henson Hill Hooks Huggins Isakson Kemp Langford of 29th Madden Marable

Middleton Newbill Oliver Perdue Pollard Ragan of llth Ragan of 32nd Ralston Ray Robinson Slotin Taylor Thompson Turner Tysinger Walker

Those not voting were Senators:

Abernathy Blitch Langford of 35th

Parrish Scott

Starr Thomas

On the passage of all the local bills and resolution, the yeas were 49, nays 0.

All the bills and resolution on the Senate Local Consent Calendar, having received the requisite constitutional majority, were passed.

FRIDAY, MARCH 5, 1993

1037

The following general commemorative resolutions of the Senate and House, favorably reported by the committee, were read the third time and put upon their adoption:

GENERAL CONSENT CALENDAR FOR COMMEMORATIVE RESOLUTIONS Friday, March 5, 1993
THIRTY-SECOND LEGISLATIVE DAY

SR 158. By Senator Thompson of the 33rd: A resolution designating the Lucius D. Clay Memorial Parkway.

*HR 134. By Representative Birdsong of the 123rd: A resolution designating the Lanette O'Neal (SUBSTITUTE)
Senator Sponsor: Senator Dean of the 31st.

Faulk

Memorial

Bridge.

The substitute and amendment to the following resolution were put upon their adoption:

*HR 134:

The Senate Committee on Transportation offered the following substitute to HR 134:

A RESOLUTION
Designating the Wayne Garner Parkway and the Lanette O'Neal Faulk Memorial Bridge; and for other purposes.
Part I
WHEREAS, Wayne Garner has served as a member of the Senate for some 13 years, representing the people of his Senatorial District with great ability, dedication, and distinc tion; and
WHEREAS, he served as Chairman of the Senate Committee on Corrections for eight years, bringing many innovations and improvements to this important area of state govern ment; and
WHEREAS, he served as Senate Majority Leader in 1991 and 1992 and fulfilled the responsibilities of that distinguished position in a highly commendable manner; and
WHEREAS, he now serves as President Pro Tempore of the Senate and all the mem bers of the Senate are appreciative and grateful for the fair, open, and wise manner in which he discharges the duty of that office; and
WHEREAS, it is appropriate that some memorial should be dedicated to his many val uable contributions to his Senatorial District and the entire State of Georgia.
NOW, THEREFORE, BE IT RESOLVED BY THE SENATE that State Highway 61 from its point of intersection with Interstate Highway 20 south to its point of intersection with State Highway 166 is designated as the Wayne Garner Parkway.
Part II
WHEREAS, Lannette O'Neal Faulk was a native and lifelong resident of Twiggs County who influenced significantly the lives of many young students throughout her exten sive teaching career; and
WHEREAS, history and genealogy were her lifelong interests, and she co-authored the History of Twiggs County and authored the Historical Collection of Richland Church; and

1038

JOURNAL OF THE SENATE

WHEREAS, she was instrumental in bringing electric service to western Twiggs County and was a charter member of the Oconee Electric Membership Cooperative; and
WHEREAS, she was an Organizing Regent of the Major General John Twiggs Chapter of the Daughters of the American Revolution and a member of the United States Daughters of 1812, United Daughters of the Confederacy, and Dames of the Court of Honor; and
WHEREAS, it is abundantly fitting and proper that a citizen who has contributed so much to the welfare of her community and state be appropriately recognized by designation of a bridge in her honor.
NOW, THEREFORE, BE IT FURTHER RESOLVED BY THE GENERAL ASSEM BLY that the bridge over Flat Creek that flows under State Route 87 and U. S. 23 Highway in Twiggs County is designated as the Lanette O'Neal Faulk Memorial Bridge.
Part III
BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to erect and maintain signs at appropriate locations designating the Wayne Garner Parkway and the Lanette O'Neal Faulk Memorial Bridge.

Senator Dean of the 31st offered the following amendment:

Amend the substitute to HR 134 offered by the Senate Committee on Transportation by deleting on page 2, line 1, the word "SENATE"; and inserting in lieu thereof the word "GENERAL ASSEMBLY".

On the adoption of the amendment, the yeas were 52, nays 0, and the amendment was adopted.

On the adoption of the substitute, the yeas were 52, nays 0, and the substitute was adopted as amended.

The report of the committee, which was favorable to the adoption of the resolutions as reported, was agreed to as amended.

On the adoption of the resolutions on the General Consent Calendar for Commemora tive Resolutions, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Alien Balfour Baugh Blitch Boshears
Bowen Broun of 46th Brown of 26th BCluaryton Coleman Crotts Dawkins Day D ean Edge Egan Farrow

Garner Gillis Glanton Gochenour Harbison
Hemmer Henson ffiu THTook, s " up ins Isakson KemP Langford of 35th Langford of 29th Madden Marable Middleton

Newbill Oliver Parrish Perdue Pollard
Ragan of llth Ragan of 32nd Ralgton ,R, ay Scott Slotm Starr Taylor Thomas Turner Tysinger Walker

FRIDAY, MARCH 5, 1993

1039

Those not voting were Senators:

Abernathy Cheeks

Robinson

Thompson

On the adoption of the commemorative resolutions, the yeas were 52, nays 0.

The resolutions on the General Consent Calendar for Commemorative Resolutions, ex cept HR 134, having received the requisite constitutional majority was adopted.

HR 134, having received the requisite constitutional majority, was adopted by substitute.

SENATE RULES CALENDAR
Friday, March 5, 1993
THIRTY-SECOND LEGISLATIVE DAY
HB 522 Public Records Inspection--certain information collected for studies not subject (Substitute) (H Ed--18th) (Pursuant to Senate Rule 143, final passage of the bill was suspended on March 4, 1993.)
HB 223 Coroners--annual training courses (Substitute) (Pub Saf--23rd) (Pursuant to Senate Rule 143, final passage of the bill was suspended on March 4, 1993.)
SB 279 Police Chiefs, Department Heads--60 hours chief executive training (Amend ment) (Pub Saf--13th)
SB 193 Jury Lists--duties of Public Safety Department, boards of education, schools in composing (Substitute) (Judy--55th)
SB 315 Magistrate Courts--create office of senior magistrate (Judy--51st) SR 211 Department of Transportation--urge establish commuter efficiency program
(Nat R--55th)
SB 203 General Assembly--prefiling of bills, resolutions (Rules--55th)
SB 282 Tax Commissioners, Collectors--minimum salaries (F&PU--30th)
SB 71 State Flag--change design, description (Substitute) (Rules--12th)
SR 206 CA: Enterprise Zones--create for certain tax treatment purposes (U&CA G--33rd)
HR 228 Hall County--conveyance of certain state property (F&PU--44th)
SB 335 Office of Planning and Budget--change provisions on state budgetary processes (Approp--12th)
SB 231 Promotional Offers--requirements on envelope, odds of winning (C Aff--23rd)
SB 39 World Congress Center--certain hiring requirements (Substitute) (C Aff--39th)
SB 269 Action for Change of Child Custody--terms on temporary basis (Judy--7th)
SB 175 Labor--civil liability immunity of employer disclosing certain information (Substitute) (Judy--37th)
HB 143 Courts--alternative dispute resolution programs, all counties (Judy--42nd)
SB 287 Certain Private Security Guards--arrest powers (Substitute) (Pub Saf--1st)

1040

JOURNAL OF THE SENATE

SB 317 Limousine Carriers--Public Service Commission regulate (Substitute) (F&PU--56th)
Respectfully submitted,
/a/ George Hooks of the 14th, Chairman Senate Rules Committee
The following general bill of the House, having been read the third time and final ac tion suspended on March 4, pursuant to Senate Rule 143, and placed on the Senate Rules Calendar for today, was continued upon its passage:

HB 522. By Representatives Buck of the 135th, Thomas of the 100th, Groover of the 125th and others:
A bill to amend Article 4 of Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to inspection of public records, so as to provide that certain information collected by a state agency or institution of higher education in the conduct of a study or research publicly or privately supported on medical, scien tific, technical, scholarly, or artistic issues is not subject to the provisions of said article.
Senate Sponsor: Senator Perdue of the 18th.

The substitute to HB 522 offered by Senators Perdue of the 18th and Robinson of the 16th on March 4, as it appears in the Journal of March 4, was automatically reconsidered and put upon its adoption.

On the adoption of the substitute, the yeas were 42, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill, was agreed to by substitute.

On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators:

Alien Balfour Blitch Boshears Bowen Broun of 46th Brown of 26th Burton CClhaeyeks Coleman Crotts
Day Dean Edge Egan Farrow

Garner Gillis Glanton Gochenour Harbison Hemmer HTHTei-linli son HHouoggksins Isakson Kemp
Langford of 29th Madden Marable Middleton Newbill

Oliver Parrish Perdue Pollard Ragan of llth Ragan of 32nd RxRvOaiWai-TMui,i ,,TM*.TM blotln Starr
Taylor Thomas Turner Tysinger Walker

Voting in the negative was Senator Baugh.

Those not voting were Senators:

Abernathy Dawkins

Langford of 35th Scott

Thompson

FRIDAY, MARCH 5, 1993

1041

On the passage of the bill, the yeas were 50, nays 1.

The bill, having received the requisite constitutional majority, was passed by substitute.

The following general bill of the House, having been read the third time and final ac tion suspended on March 4, pursuant to Senate Rule 143, and placed on the Senate Rules Calendar for today, was continued upon its passage:

HB 223. By Representative Parham of the 122nd:
A bill to amend Chapter 16 of Title 45 of the Official Code of Georgia Annotated, relating to coroners, so as to change the provisions relating to the participation by coroners and deputy coroners in an annual training course.
Senate Sponsor: Senator Cheeks of the 23rd.

The substitute to HB 223 offered by Senators Garner of the 30th, Dean of the 31st and Edge of the 28th on March 4, as it appears in the Journal of March 4, was automatically reconsidered and put upon its adoption.

On the adoption of the substitute, the yeas were 43, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill, was agreed to by substitute.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Alien Balfour Baugh Blitch Boshears Bowen Broun of 46th Brown of 26th Burton
Clay Coleman Crotts Dawkins Day Dean Edge Egan

Farrow Garner Gillis Glanton Gochenour Harbison Hemmer Henson Hill Hooks Huggins Isakson Kemp Langford of 29th Madden Marable Middleton

Newbill Oliver Parrish Perdue Pollard Ragan of 32nd Ralston Ray Robinson Slotin Starr Taylor Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Abernathy Langford of 35th

Ragan of llth

Scott

On the passage of the bill, the yeas were 52, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

1042

JOURNAL OF THE SENATE

Senator Robinson of the 16th asked unanimous consent to place the following general bill of the Senate at the top of the Senate Rules Calendar for today:

SB 71. By Senators Taylor of the 12th, Henson of the 55th and Brown of the 26th:
A bill to amend Article 1 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to the state flag and other flags, so as to change the design and description of the state flag; to provide an effective date.

The consent was granted, and SB 71, having been favorably reported by the committee, was read the third time and put upon its passage.

Senators Garner of the 30th and Robinson of the 16th offered the following amendment:

Amend SB 71 by adding on line 4 of page 1 following the word and symbol "flag;" the following:
"to provide for a state-wide referendum;".
By inserting between lines 6 and 7 on page 2 the following:
"Section 2. The Secretary of State shall call and conduct a referendum for the approval or disapproval of this Act. Such referendum shall be held on the Tuesday next following the first Monday in November in 1993. The Secretary of State shall cause the date and purpose of the referendum to be published in the official organ of each county in the state once a week for two weeks immediately preceding the date of the referendum. The ballot shall have written thereon the following:
'[ ] YES Shall the Act be approved which changes the flag of the State of Georgia?'

[ 1 NO
All persons desiring to vote for approval of the Act shall vote 'Yes,' and those persons desiring to vote for rejection of the Act shall vote 'No.' If more than one-half of the votes cast on such question are for approval of the Act, then Section 1 of this Act shall become of full force and effect immediately upon the certification of the results of the referendum, otherwise Section 1 of this Act shall be void."
By striking lines 7 through 9 on page 2 and inserting in lieu thereof the following:
"Section 3. Except as otherwise provided in Section 2 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval."
By redesignating Section 3 as Section 4.

On the adoption of the amendment offered by Senators Garner of the 30th and Robin son of the 16th, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Alien Balfour Baugh Blitch Brown of 26th Burton Clay Crotts Dawkins Dean

Edge Farrow Garner Glanton Gochenour Harbison Hemmer Henson Hill Hooks

Huggins Isakson Kemp Langford of 29th Marable Newbill Oliver Perdue Pollard Ragan of llth

FRIDAY, MARCH 5, 1993

1043

Ragan of 32nd Ralston Ray Robinson

Taylor Thomas Thompson

Turner Tysinger Walker

Those voting in the negative were Senators:

Abernathy Boshears BBorowuenn of 46th
Cheeks
Coleman

Day Egan G/-,l-lnh- s
Langford of 35th
Madden

Middleton Parrish S<-. co^tt
Slotin
Starr

On the adoption of the amendment offered by Senators Garner of the 30th and Robin son of the 16th, the yeas were 40, nays 16, and the amendment was adopted.

Senator Kemp of the 3rd offered the following amendment:

Amend SB 71 by adding after the first semicolon on line 4 of page 1 the following:
"to provide for effectiveness of this Act to be conditioned upon approval by the voters of the state;".
By striking line 7 of page 2 and inserting the following:
"Section 2. At the next general primary election following enactment of this Act, this Act shall be submitted to the electors of this state for approval or rejection. The ballot shall have written or printed thereon the words:
'[ ] YES Shall the Act be approved which changes the flag of the State of Georgia?'

[ ] NO
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 immediately following that election date.
Section 3. Except as otherwise provided in Section 2, this Act shall become effective upon".
By renumbering Section 3 as Section 4.

Senator Kemp of the 3rd asked unanimous consent that his amendment be withdrawn; the consent was granted, and the amendment was withdrawn.

The Senate Committee on Rules offered the following substitute to SB 71:

A BILL
To be entitled an Act to amend Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to the state symbols, so as to provide for the official state flag and the Georgia Confederate Memorial Flag of the State of Georgia; to provide for the design and description of the state flag and the Georgia Confederate Memorial Flag; to provide for the display of the official flag; to provide for the display of the Georgia Confederate Memorial Flag at certain state institutions designated as Confederate Memorial Sites by the Confeder ate Memorial Commission; to provide the creation, membership, organization, and function ing of the Confederate Memorial Commission; to provide for administrative attachment of

1044

JOURNAL OF THE SENATE

the commission to the office of the Secretary of State; to prohibit the mutilation, deface ment, defiling, or abuse of certain flags and certain monuments, plaques, markers, and me morials; to prohibit certain removal or concealment from display of certain monuments, plaques, markers, and memorials; to provide for criminal and civil enforcement; 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. Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to state symbols, is amended by striking Article 1, relating to flags, seals, and other symbols, and inserting in its place a new Article 1 to read as follows:
"ARTICLE 1
50-3-1. (a) The State of Georgia shall have an official state flag and a Georgia Confeder ate Memorial Flag.
(b) The official flag of the State of Georgia shall be a vertical band of blue occupying one-third of the entire flag nearest to the flagstaff. The remainder of the space shall be equally divided into three horizontal bands, the upper and lower of which shall be scarlet in color and the middle of which shall be white in color. On the blue field shall be stamped, painted, or embroidered the coat of arms of the state.
(c) The Georgia Confederate Memorial Flag shall also be known as the Veterans Memo rial FTag flag of the State of Georgia and shall be a vertical band of blue occupying one-third of the entire flag nearest to the flagstaff. The remainder of the space shall be a square, twothirds the length of the flag, having a red background with a broad saltire of blue bordered with white on which 13 white mullets or five-pointed stars, corresponding in number to that of the Confederate States of America as recognized by the Confederate States Congress, are emblazoned; so that such remainder shall be the same as the union of the flag of the Con federate States as approved and cited in Statutes at Large of the Confederate States Con gress, 1st and 2nd Sessions, 1862-63, 1863-64, and approved May 1, 1863, such remainder being popularly known as the Battle Flag of the Confederacy. On the blue field shall be stamped, painted, or embroidered the coat of arms of the state. Every force of the organized militia ohall carry this flag when on parade or review.
50-3-2. The following is adopted as the pledge of allegiance to the state flag:
'I pledge allegiance to the Georgia flag and to the principles for which it stands: Wis dom, Justice, and Moderation.'
50-3-3. (a) The official state flag shall be displayed on appropriate occasions in the pub lic and private schools of this state and in all patriotic meetings, and the citizens of the state are requested to take the pledge of allegiance set out in Code Section 50-3-2.
(b) (1) The Georgia Confederate Memorial Flag shall be displayed on appropriate occa sion^ as an official flag of the state at institutions owned or operated by the state and state entities whichare designated as Confederate Memorial Sites by the Confederate Memorial Commission. The Confederate Memorial Commission shall so designate any institution op erated by the state or a state entity which is generally recognized by members of the public as having a significant historical or cultural connection with the Confederate period of Geor gia's history.
(2) The Confederate Memorial Commission shall be composed of the Secretary of State wholshall serve as the chairperson of the commission and nine other members. Three of such members shall be appointed by the Governor; three of such members shall be ap pointed by the Lieutenant Governor; and three of such members shall be appointed by the Speaker of the House of Representatives. All of the appointed members shall serve for terms concurrent with the terms of office of members of the General Assembly. The com mission shall meet on the call of the Secretary of State and may adopt such rules and proce dures for the conduct of its business as are deemed appropriate by the commission. The commission shall be attached for administrative purposes to the office of the Secretary of State. The appointed members of the commission shall not receive any compensation for

FRIDAY, MARCH 5, 1993

1045

their services on the commission but may be reimbursed for their actual and reasonable expenses incurred in attending meetings of the commission. Any such reimbursement shall be subject to the rules and regulations applicable to travel expense reimbursement to state employees and shall be paid from funds appropriated or otherwise available to the office of the Secretary of State.
50-3-4. The Secretary of State is designated as the custodian of the state flag flags. From funds made available for such purpose, the Secretary of State shall procure suitable state flags; and he shall be authorized to furnish, without cost, to the various public schools of this state, to the superior and state courts, and to other departments and agencies of the state, counties, or municipal authorities, such flags for their use in displaying same. From such funds he is authorized also to procure such flags and facsimiles thereof as may cause the flag flags sufficiently and properly to be made known and displayed.
50-3-4.1. (a) Local schools superintendents of the public schools in this state and the appropriate administrative officials of the various institutions and agencies of this state, provided that sufficient funds or the items themselves are available as provided in subsec tion (b) of this Code section, are authorized to place a durable poster or framed copy repre senting the following which may be displayed in each public elementary and secondary school library and classroom in this state and in each public building or facility in this state which is maintained or operated by state funds:
(1) Our national motto, 'In God We Trust';
(2) A true and correct representation of the American flag, which shall be centered under the national motto; and
(3) A true and correct representation of the Georgia official state flag.
(b) The copies or posters authorized by this Code section shall either be donated or shall be purchased solely with funds made available through voluntary contributions to the local school boards in the case of displays in public schools or to the Georgia Building Au thority in the case of displays in state buildings and facilities.
50-3-5. The flags of the Georgia troops who served in the army of the Confederate States, and which have been returned to the state by the United States government, shall be preserved for all time in the capitol as priceless mementos of the cause they represented and of the heroism and patriotism of the men who bore them.
50-3-6. The flags of the Georgia regiments which engaged in the Spanish-American War shall be displayed in the corridors of the capitol in a manner similar to those of the Confed erate regiments.
50-3-7. When any flag referred to in Code Section 50-3-5 or 50-3-6 is offered to the state, it shall be the duty of the Governor to accept it in behalf of the state and to make such provisions for its preservation as may be necessary to protect and preserve it from the ravages of time, dust, and moths.
50-3-8. (a) It shall be unlawful for any person, firm, or corporation to copy, print, pub lish, or otherwise use the flag of the United States, the official flag or Georgia Confederate Memorial Flag, coat of arms, or state emblem of the State of Georgia, or the flag or emblem of the Confederate States of America, or any flag or emblem used by the Confederate States of America or the military or naval forces of the Confederate States of America at any time within the years 1860 to 1865, both inclusive, for the purpose of advertising, selling, or pro moting the sale of any article of merchandise whatever within this state.
(b) Notwithstanding subsection (a) of this Code section, any person, firm, or corpora tion which contracts with the state to publish an official Code shall be authorized to use the state emblem on the cover of the publication. Utilization by the contracting person, firm, or corporation of the cover of the publication, with the state emblem thereon, for advertising purposes shall not constitute a violation of subsection (a) of this Code section.
50-3-9. (a) It shall be unlawful for any person, firm, or corporation to mutilate, deface,

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defile, or abuse contemptuously the flag of the United States, the official flag or Georgia Confederate Memorial Flag, coat of arms, or emblem of the State of Georgia, or the flag or emblem of the Confederate States of America by any act whatever.
(b) It shall be unlawful for any person, firm, or corporation to mutilate, deface, defile, or abuse contemptuously any publicly owned monument, plaque, marker, or memorial which is dedicated to or recounts the military service of any past or present military unit or mili tary personnel of this state, the United States, or the Confederate States of America.
(c) It shall be unlawful for any officer or body of state or local government in this state to remove or conceal from display any monument, plaque, marker, or memorial referred to in subsection (b) of this Code section for the purpose of preventing the visible display of the same in connection with any public event at which such monument, plaque, marker, or me morial would otherwise constitute a visible display. In addition to the criminal penalty pro vided for in Code Section 50-3-11, conduct prohibited by this subsection shall be enjoined by the appropriate superior court upon application of any citizen of the state!
50-3-10. Nothing in this article shall be construed to prevent the use of the flag of the United States or any flag, standard, color, shield, ensign, or other insignia of the State of Georgia or of the Confederate States of America for decorative or patriotic purposes, either inside or outside of any residence, store, place of business, public building, or school building.
50-3-11. Any person, firm, or corporation who violates any provision of Code Section 503-8 or 50-3-9 shall be guilty of a misdemeanor."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

Senators Ragan of the 32nd, Crotts of the 17th and Tysinger of the 41st offered the following amendment:

Amend the substitute to SB 71 offered by the Senate Committee on Rules by inserting on line 19 of page 1 after the word and symbol "matters;" the following:

"to provide for a referendum;".

By inserting between lines 26 and 27 of page 7 the following:

"Section 1.5. Unless otherwise prohibited by the federal Voting Rights Act of 1965, as amended, at the next general election following enactment of this Act, this Act shall be submitted to the electors of this state for approval or rejection. The ballot shall have written or printed thereon the words:

'[ ] YES [ ] NO

Shall the Act be approved which changes the official flag of the State of Georgia and provides for a Georgia Confederate Memorial Flag?"

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 immediately following that election date. The Secretary of State shall issue the call for such referendum in accordance with Chapter 2 of Title 21 of the O.C.G.A., the 'Georgia Election Code,' and shall certify the results of such referendum. The cost of such referendum election shall be borne by the state."

Senator Ragan of the 32nd asked unanimous consent that the amendment offered by Senators Ragan of the 32nd, Crotts of the 17th and Tysinger of the 41st to the substitute to SB 71 offered by the Senate Committee on Rules be withdrawn; the consent was granted, and the amendment was withdrawn.

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1047

On the adoption of the substitute to SB 71 offered by the Senate Committee on Rules, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Brown of 26th Dawkins Garner Harbison

Henson Oliver Ragan of llth Robinson

Scott Taylor Thomas Walker

Those voting in the negative were Senators:

Abernathy Alien Balfour Baugh Blitch Boshears _B. owen Broun of 46th Burton
Cheeks Clay Coleman
Crotts Day Dean

Edge Egan Farrow Gillis Glanton Gochenour THTemmer Hill Hooks
Huggins Isakson Kemp
Langford of 35th Langford of 29th Madden

Marable Middleton Newbill Parrish Perdue PH O ^ Di UllarU ,, ,,,, , Ragan of 32nd alston
Rav Slotin Starr
Thompson Turner Tysinger

On the adoption of the substitute, the yeas were 12, nays 44, and the substitute offered by the Senate Committee on Rules was lost.

Senators Garner of the 30th and Robinson of the 16th offered the following substitute to SB 71:

A BILL
To be entitled an Act to amend Article 1 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to the state flag and other flags, so as to change the design and description of the state flag; to provide for a state-wide referendum; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 1 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to the state flag and other flags, is amended by striking Code Section 50-3-1, relat ing to the description of the state flag, and inserting in lieu thereof a new Code Section 503-1 to read as follows:
"50-3-1. The flag of the State of Georgia shall be a vertical band of blue occupying onethird of the entire flag nearest to the flagstaff. The remainder of the space shall be a square, two-thirds the length of the flag, having a red background with a broad aaltirc of blue bor dered with white on which 13 white mullets or five pointed stars, corresponding in number to that of the Confederate States of America as recognized by the Confederate Statco Con grcsa, arc emblazoned, so that such remainder shall be the aamc as the union of the flag of the Confederate States ao approved and cited in Statutes at Large of the Confederate Stntco Congress, 1st and 2nd Sessions, 1862 63, 1863-64, and approved May 1, 1868, such remain dcf being popularly known ao the Battle Flag of the Confederacy equally divided into three horizontal bands, the upper and lower of which shall be scarlet in color and the middle of which shall be white in color. On the blue field shall be stamped, painted, or embroidered

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the coat of arms of the state. Every force of the organized militia shall carry this flag when on parade or review."
Section 2. The Secretary of State shall call and conduct a referendum for the approval or disapproval of this Act. Such referendum shall be held on the Tuesday next following the first Monday in November in 1993. The Secretary of State shall cause the date and purpose of the referendum to be published in the official organ of each county in the state once a week for two weeks immediately preceding the date of the referendum. The ballot shall have written thereon the following:
"[ ] YES Shall the Act be approved which changes the flag of the State of Georgia?"
[ ] NO
All persons desiring to vote for approval of the Act shall vote "Yes," and those persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, then Section 1 of this Act shall become of full force and effect immediately upon the certification of the results of the referendum, otherwise Section 1 of this Act shall be void.
Section 3. Except as otherwise provided in Section 2 of this Act, 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 Garner of the 30th asked unanimous consent that the substitute to SB 71 of fered by Senators Garner of the 30th and Robinson of the 16th be withdrawn; the consent was granted, and the substitute was withdrawn.
Senators Walker of the 22nd and Langford of the 35th offered the following substitute to SB 71:
A BILL
To be entitled an Act to amend Article 1 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to the state flag, so as to change the design of the flag of the State of Georgia; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 1 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to the state flag, is amended by striking Code Section 50-3-1, relating to the description of the state flag, in its entirety and inserting in lieu thereof the following:
"50-3-1. The flag of the State of Georgia shall be a vertical band solid field of blue occupying one third of the entire flag nearest to the flagstaff. The remainder of the apace shall be a square, two-thirds the length of the flag, having a red background with a broad aaltirc of blue bordered with white on which 18 white mullets or five pointed atara, corre sponding in number to that of the Confederate States of America aa recognized by the Con federates Statca Congfcaa, arc emblazoned, ao that auch remainder shall be the same aa the union of the flag of the Confederate States as approved and cited in Statutca at Large of the Confederate Statca Congrcaa, 1st and 2nd Sessions, 1862 63, 1863-64, and approved May 1, 1868, such remainder being popularly known aa the Battle Flag of the Confederacy. On the blue field in the center of which shall be stamped, painted, or embroidered the coat of arms of the state. Every force of the organized militia shall carry this flag when on parade or review."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
Senator Walker of the 22nd asked unanimous consent that the substitute to SB 71

FRIDAY, MARCH 5, 1993

1049

offered by Senators Walker of the 22nd and Langford of the 35th be withdrawn. Senator Langford of the 35th objected, and the substitute was put upon its adoption.
On the adoption of the substitute offered by Senators Walker of the 22nd and Langford of the 35th, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Glanton Harbison

Langford of 35th Scott

Slotin Thomas

Those voting in the negative were Senators:

Alien Balfour Baugh Blitch Boshears
Bowen Broun of 46th BDBruorwt. onn of 26th Cheeks Qjay Coleman Crotts Dawkins Day Dean Edge

Egan Farrow Garner Gillis Gochenour
Hemmer Henson ,,H,,.i,,ll . Hooks Huggins Isakson KemP Langford of 29th Madden Marable Middleton

Newbill Oliver Parrish Perdue Pollard
Ragan of llth Ragan of 32nd DR_ alfst. on Ray Robinson Starr Taylor Thompson Turner Tysinger Walker

On the adoption of the substitute to SB 71 offered by Senators Walker of the 22nd and Langford of the 35th, the yeas were 7, nays 49, and the substitute was lost.

The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Balfour Baugh Brown of 26th Clay ros DDaaywkins Dean
Edge Farrow Garner Glanton Gochenour

Harbison Hemmer Henson Hill Hooks IHsaukgsgoinns Kemp
Langford of 29th Marable Newbill Oliver Perdue

Ragan of llth Ragan of 32nd Ralston Ray Robinson o co ".. Taylor
Thomas Thompson Turner Tysinger Walker

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Those voting in the negative were Senators:

Abernathy Alien Blitch Boshears Bowen Broun of 46th

Burton Cheeks Coleman Egan Gillis Langford of 35th

Madden Middleton Parrish Pollard Slotin Starr

On the passage of the bill, the yeas were 38, nays 18.

The bill, having received the requisite constitutional majority, was passed as amended.

Senator Robinson of the 16th moved that SB 71 be immediately transmitted to the House.

On the motion, the yeas were 53, nays 0; the motion prevailed, and SB 71 was immedi ately transmitted to the House.

The President announced that the Senate would stand in recess from 12:52 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 resolution of the Senate was taken up for the purpose of considering the House substitute thereto:

SR 121. By Senators Coleman of the 1st and Alien of the 2nd:
A resolution granting a nonexclusive easement for planning, construction, instal lation, operation, maintenance, repair, and renourishment of a certain beach area in, on, over, under, upon, across, or through property owned or claimed by the State of Georgia in Chatham County, Georgia; to provide for related matters; to provide an effective date.
The House substitute to SR 121 was as follows:
A RESOLUTION
Granting a nonexclusive easement for planning, construction, installation, operation, maintenance, repair, and renourishment of a certain beach area in, on, over, under, upon, across, or through property owned or claimed by the State of Georgia in Chatham County, Georgia; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
WHEREAS, the State of Georgia is the owner of a certain portion of real property located along the east shoreline of Tybee Island, beginning at the north terminal groin (Tybee Light House) and extending to an area just south of the southern end of the island and is more particularly shown on a depiction of the area prepared by the U.S. Army Corps of Engineers on file in the offices of the State Properties Commission; and
WHEREAS, the City of Tybee Island is planning to renourish portions of the abovementioned state owned or claimed beach area, as described above; and
WHEREAS, the improvement of this above-described state owned property would be beneficial to the State of Georgia and public interests.
NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL AS SEMBLY OF GEORGIA:
Section 1. That the State of Georgia is the owner of the above-described real property, referred to in this resolution as the "easement area."

FRIDAY, MARCH 5, 1993

1051

Section 2. That the State of Georgia hereby grants to the City of Tybee Island and its successors and assigns, without need of further act or instrument, a nonexclusive easement for the planning, construction, installation, operation, maintenance, repair, and renourishment of a beach renourishment area in, on, over, under, upon, across, or through the ease ment area for the purpose of planning, constructing, installing, operating, maintaining, re pairing, and renourishing a beach area, 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 on the eastern shoreline of Tybee Island, Chatham County, Georgia, more particularly described above.
Section 3. That the above-described premises shall be used solely for the purpose of planning, constructing, installing, operating, maintaining, repairing, and renourishing said beach renourishment area.
Section 4. That no title is conveyed to the City of Tybee Island and, except as specifi cally granted to the City of Tybee Island in this Resolution Act, all rights, title, and interest in and to said easement area are 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 Tybee Island.
Section 5. That in the event that the easement area shall not be maintained for the purposes herein granted for a period of three consecutive months, then the City of Tybee Island, following service of a written notice from the Georgia Department of Natural Re sources to cease its use of the facilities (said notice to constitute a termination of this ease ment), shall have no further rights, title, or interest in or to the beach renourishment area. Following said termination of this easement, at the Department of Natural Resources' re quest, the City of Tybee Island, pursuant to a proper resolution, shall properly execute and deliver to the State of Georgia for recording in the real property records in the office of the clerk of the Superior Court of Chatham County, Georgia, an affidavit, by a proper official, affecting title, acknowledging said termination, and evidencing for public records that the City of Tybee Island no longer has any rights, title, and interest in and to the said beach renourishment area.
Section 6. That the City of Tybee Island shall be solely responsible for constructing, operating, repairing, and maintaining the beach renourishment area in a safe and proper manner. The State of Georgia shall have no duties or responsibilities for constructing, oper ating, repairing, maintaining, or supervising the beach renourishment.
Section 7. That the City of Tybee Island will, and will require that its contractors will, indemnify and hold the State of Georgia, its officers, agents, servants, employees, depart ments, agencies, commissions, and authorities harmless from any and all liabilities due to the construction and operation of the beach renourishment authorized in this resolution.
Section 8. That the consideration for this easement shall be $650.00 made payable to the State of Georgia and delivered to the director of the Fiscal Division of the Department of Administrative Services and the mutual benefit to the parties from the construction, op eration, and maintenance of said beach renourishment program.
Section 9. That all notices hereunder, given by either party to the other, shall be in writing and sent by United States certified mail, postage prepaid, marked "show to whom, date, and address of delivery" to the party to be notified at such address as will be provided by the parties. The day upon which any such notice is mailed shall be the date of service. Either party may from time to time by notice to the other designate a different address to which notices shall be sent.
Section 10. That all time limits stated herein are of the essence of this easement.
Section 11. That the City of Tybee Island shall not assign this easement, or any inter ests herein, without the written consent of the State of Georgia, acting by and through the commissioner of natural resources, first having been obtained. The State of Georgia, acting by and through the commissioner of natural resources, in its sole discretion, may withhold

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or refuse to give its consent to any proposed assignment and to any proposed use or occu pancy by any party other than the City of Tybee Island. Any assignment without the prior consent of the State of Georgia will be void ab initio and shall at the option of the State of Georgia terminate this easement. Consent to one assignment shall not invalidate this provi sion, and all later assignments shall likewise be made only on prior written consent of the State of Georgia. The terms "assign" and "assignment" used herein shall include assign ment by operation of law.
Section 12. That the City of Tybee Island will incorporate into any activities conducted pursuant to this easement such safety precautions as may be necessary to prevent the dis charge of any oils, grease, or other pollutant materials into the waters of the Atlantic Ocean or onto property of the State of Georgia including the foreshore.
That the City of Tybee Island will incorporate in any and all of its contracts or agree ments for activities conducted pursuant to this easement a requirement that contractors will incorporate such safety precautions as may be necessary to prevent the discharge of any oils, grease, or other pollutant materials into the waters of the Atlantic Ocean or onto property of the State of Georgia including the foreshore. Excepted from this requirement are any con tracts existing on the date of this easement between the City of Tybee Island and the Geor gia Ports Authority and between the Georgia Ports Authority and the United States Army Corps of Engineers pertaining to the construction of the facilities.
Section 13. That all operations which are conducted under this easement by the City of Tybee Island shall be: (a) in compliance with all applicable provisions of all state environ mental and natural resources laws administered or enforced by the Georgia Department of Natural Resources or its successor and with all applicable policies of the Georgia Shore Protection Committee and Coastal Marshlands Protection Committee or their successors; and (b) subject to all regulations which may be lawfully adopted and promulgated under authority of any existing or future Act of the General Assembly of Georgia. Nothing herein shall be deemed to restrict the power of the State of Georgia or its agencies or political subdivisions to enforce all applicable provisions of law and all applicable regulations includ ing local zoning powers. It is specifically provided that the Georgia Department of Natural Resources shall have the right and authority to inspect any portion of the dredging or renourishment operation during reasonable hours without giving prior notice.
Section 14. That any taking, use, or disposition of any sand by the City of Tybee Island in contravention of any existing or future Act of the General Assembly of Georgia or of the Congress of the United States, or any existing or future regulation adopted and promulgated under authority of any existing or future Act of the General Assembly of Georgia or Con gress of the United States, including, but not limited to, Article 2 of Chapter 5 of Title 12 of the O.C.G.A., the "Georgia Water Quality Control Act," as amended; Part 3 of Article 2 of Chapter 4 of Title 12 of the O.C.G.A., the "Georgia Surface Mining Act of 1968," as amended; Part 2 of Article 4 of Chapter 5 of Title 12 of the O.C.G.A., the "Shore Protection Act," as amended; and Part 4 of Article 4 of Chapter 5 of Title 12 of the O.C.G.A., the "Coastal Marshlands Protection Act of 1970," as amended, if applicable, or in contravention of any permit issued to the City of Tybee Island pursuant to any of the aforesaid Acts, statutes, or laws shall render this easement null and void.
Section 15. That this grant of easement shall be recorded by the City of Tybee Island in the Superior Court of Chatham County and a recorded copy shall be forwarded to the State Properties Commission.
Section 16. That the City of Tybee Island shall have and hold the premises so long as the premises are used for the purposes and in accordance with the terms and conditions herein set forth, or until terminated by the Georgia General Assembly, and without war ranty of any type, kind, or nature whatsoever.
Section 17. That this resolution shall become effective upon its approval by the Gover nor or upon its becoming law without such approval.
Section 18. That all laws and parts of laws in conflict with this resolution are repealed.

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Senator Coleman of the 1st moved that the Senate agree to the House substitute to SR 121.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Alien Baugh Blitch Boshears Bowen Broun of 46th BDBruorwtonn of 26th Cheeks Clay Coleman
Crotts Day Edge Egan Farrow

Garner Gillis Glanton Gochenour Harbison Hemmer H,,H.ei,ln,l son Hooks Huggins Isakson
Langford of 29th Madden Marable Newbill Oliver

Perdue Pollard Ragan of llth Ragan of 32nd Ralston pj DR,, obu-inson *, r f otm t)tarr
Taylor Thomas Thompson Turner Tysinger

Those not voting were Senators:

Abernathy Balfour Dawkins

Dean Kemp Langford of 35th

Middleton Parrish Walker

On the motion, the yeas were 47, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SR 121.

The following message was received from the House through Mr. Rivers, the Clerk thereof:

Mr. President:

The House has passed by the requisite constitutional majority the following bills of the House:

HB 385. By Representatives Dover of the 9th, Jamieson of the 22nd, Harris of the 112th, Royal of the 164th and Skipper of the 137th:
A bill to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to provide for withholding tax at the source on the sale or transfer of real property and associated tangible property by certain non residents; to provide for liens.

HB 341. By Representatives Carter of the 166th, Reaves of the 178th, Royal of the 164th, Purcell of the 147th, Groover of the 125th and others:
A bill to amend Title 2 of the Official Code of Georgia Annotated, relating to agriculture, so as to revise definitions in Article 1 of Chapter 9, relating to dealers in agricultural products in general; to provide for a new Chapter 16 to be entitled the "Perishable Agricultural Commodity Act of Georgia".

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HB 255. By Representatives Burkhalter of the 41st, Felton of the 43rd, Canty of the 52nd, Hembree of the 98th, Dickinson of the 83rd and others: A bill to amend Code Section 20-2-261 of the Official Code of Georgia Annotated, relating to minimum educational facility requirements, so as to exempt certain county boards of education from certain county fees and assessments.
HB 282. By Representatives Twiggs of the 8th and Colwell of the 7th: A bill to amend Code Section 20-2-164 of the Official Code of Georgia Annotated, relating to the local fair share of funding under the "Quality Basic Education Act," so as to change the provisions relating to the limitation on local fair share funds.
The House has disagreed to the Senate amendment to the following bill of the House:
HB 557. By Representative Barnes of the 33rd: A bill to amend an Act creating the Cobb-Marietta Coliseum and Exhibit Hall Authority, so as to change the provisions regarding the appointment of members of the authority.
The House has adopted by the requisite constitutional majority the following resolution of the House:
HR 424. By Representatives Murphy of the 18th, Lee of the 94th and Walker of the 141st: A resolution relative to adjournment.
The following resolution of the House was read and put upon its adoption:
HR 424. By Representatives Murphy of the 18th, Lee of the 94th and Walker of the 141st: A resolution relative to adjournment by the General Assembly at 5:00 o'clock P.M. on Friday, March 5, 1993, and to reconvene on Monday, March 8, 1993; the hour for convening the Senate may be as ordered by the Senate, and the hour for convening the House may be as ordered by the House.
On the adoption of the resolution, the yeas were 39, nays 1.
The resolution, having received the requisite constitutional majority, was adopted.
The following general bills and resolutions of the Senate and House, favorably reported by the committees, were read the third time and put upon their passage:
SB 279. By Senators Bowen of the 13th and Pollard of the 24th: A bill to amend Code Section 35-8-20.1 of the Official Code of Georgia Anno tated, relating to training for police chiefs and department heads appointed after a certain date, so as to increase the training requirements for police chiefs and department heads appointed after December 31, 1992, to 60 hours of law enforce ment chief executive training; to provide an effective date.
The Senate Committee on Public Safety offered the following amendment:
Amend SB 279 by adding in the title on line 6 of page 1 between the word "to" and the number "60" the following:
"a minimum of".

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1055

By adding on line 19 of page 1 between the following: "46" and the number "60" the following:
"a minimum oF'.

On the adoption of the amendment, the yeas were 40, nays 0, and the amendment was adopted.

The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Alien Balfour Baugh Boshears Bowen Broun of 46th Brown of 26th Burton Cheeks Clay Coleman Crotts Dawkins Dean Edge Egan Farrow

Garner Gillis Glanton Gochenour Harbison Hemmer Henson Hill Hooks Huggins Isakson Kemp Langford of 29th Madden Marable Newbill Oliver

Perdue Pollard Ragan of llth Ragan of 32nd Ralston Ray Robinson Scott Slotin Starr Taylor Thomas Thompson Turner Tysinger Walker

Voting in the negative was Senator Day.

Those not voting were Senators:

Abernathy Blitch

Langford of 35th Middleton

Parrish

On the passage of the bill, the yeas were 50, nays 1.

The bill, having received the requisite constitutional majority, was passed as amended.

SB 193. By Senator Henson of the 55th:
A bill to amend Article 3 of Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to the selection of jurors, so as to change the method and manner in which certain jury lists are composed; to provide for duties and re sponsibilities of the Department of Public Safety, boards of education of inde pendent and county school systems, and the chief registrar of each county with respect to jury lists.

The Senate Committee on Judiciary offered the following substitute to SB 193:

A BILL
To be entitled an Act to amend Article 3 of Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to the selection of jurors, so as to change the method and

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JOURNAL OF THE SENATE

manner in which certain jury lists are composed; to provide for duties and responsibilities of the Department of Public Safety, boards of education of independent and county school systems, and the chief registrar of each county with respect to jury lists; to provide an effec tive date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 3 of Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to the selection of jurors, is amended by striking Code Section 15-12-40, relating to jury lists, and inserting in lieu thereof a new Code Section 15-12-40 to read as follows:
"15-12-40. (a) Nonmcchanical procedure Jury source lists.
(1) Upon request by the board of jury commissioners, but not more than once per year:
(A) The Department of Public Safety shall furnish the board of jury commissioners of eactfcbunty a list or computer tape containing the name, address, date of birth, social secur ity number, race, and sex of each person who is over the age of 18 years and a citizen of the United States residing in such county of this state who holds a valid Georgia driver's license;
(B) The tax collector or tax commissioner of a county shall furnish the board of jury commissioners of the county a list or computer tape containing the name, address, date of birth, social security number, race, and sex of each person who is over the age of 18 years and a citizen of the United States residing in such county and who has registered a motor vehicle and secured a vehicle license plate or revalidation decal in the county; and
(C) The chief registrar of each county shall furnish to the board of jury commissioners a list or computer tape containing the name, address, date of birth, social security number, race, and sex of each registered voter in the county.
(b) Nonmechanical procedure.
(1) At least biennially, unless otherwise directed by the chief judge of the superior court, the board of jury commissioners shall compile, maintain, and revise a trial jury list of intelligent and upright citizens of the county to serve as trial jurors and a grand jury list of the most experienced, intelligent, and upright citizens of the county to serve as grand jurors. In composing the trial jury list, the board of jury commissioners shall select a fairly repre sentative cross section of the intelligent and upright citizens of the county. In composing the grand jury list, the board of jury commissioners shall select a fairly representative cross section of the most experienced, intelligent, and upright citizens of the county. Such lists shall be composed from the official registered voters list of the county as most recently revised by the county board of registrars or other county election officials and, if necessary, any other lists specified in subsection (a) of this Code section. If at any time it appears to the board of jury commissioners that the trial jury list, so composed, is not a fairly represen tative cross section of the intelligent and upright citizens of the county or the grand jury list, so composed, is not a fairly representative cross section of the most experienced, intelli gent, and upright citizens of the county, the board of jury commissioners shall supplement the lists by using any list specified in subsection (a) of this Code section which was not originally used in compiling such jury list and other sources so as to assure the trial jury list is a fairly representative cross section of the intelligent and upright citizens of the county and the grand jury list is a fairly representative cross section of the most experienced, intel ligent, and upright citizens of the county. Nothing in this article shall be construed to pro hibit a citizen who is otherwise qualified from being included in both the trial and grand jury lists of the county. However, when a name which has already been drawn as a grand juror is also drawn for the same term as a trial juror, such name shall be returned to the trial jury box and another name shall be drawn in its stead.
(2) The grand jury list shall not exceed two-fifths of the number of citizens on the county's most recent trial jury list.
(3) Once filed, the lists so created shall constitute the body of trial and grand jurors for the county, respectively. Except as otherwise provided in this article, no new names shall be

FRIDAY, MARCH 5, 1993

1057

added to either list until those names originally selected have been completely exhausted or until a revised list has been properly created.
{b} (c) Mechanical or electronic procedure.
(1) In any county using a plan for the selection of persons to serve as jurors by mechan ical or electronic means in conformance with paragraphs (1) and (2) of subsection (b) of Code Section 15-12-42, the board of jury commissioners shall compile and maintain a trial jury list and a grand jury list in conformance with paragraph (1) of subsection (a) of this Code section.
(2) Once the trial or grand jury lists, or both, are established, the board of jury commis sioners may revise such lists from time to time by adding new names to the lists, correcting names and other data on the lists, and deleting names from the lists by reason of death or other legal cause.
(3) The trial jury box for the county shall be taken from the trial jury list established by the board of jury commissioners, and the grand jury box for the county shall be taken from the grand jury list established by the board of jury commissioners. The information contained in the trial and grand jury boxes shall be stored in a security data processing storage bank from which all trial or grand juries in the county shall be selected as provided in the plan adopted pursuant to Code Section 15-12-42.
(4) The number of citizens in the grand jury box shall be established by the board of jury commissioners but shall contain, as a minimum, a number equal to four times the num ber of grand jurors required to be drawn in the county annually, but not to exceed 5,000 grand jurors.
(5) At each selection of trial or grand jurors, the computer shall be programmed to scan the entire appropriate jury box under the formula and plan adopted by the court pursuant to Code Section 15-12-42.
(6) In any county utilizing a plan for the selection of persons for the trial and grand jury boxes by mechanical or electronic means in conformance with paragraph (4) of subsec tion (b) of Code Section 15-12-42, the trial or grand jury box for the county may be com piled from the trial or grand jury list of the county by mechanical or electronic means as provided for in the plan.
{e} (d) Other disposition or transfer.
In any county in which more than 70 percent of the population of the county according to the United States decennial census of 1080 1990 or any future such census resides on property of the United States government which is exempt from taxation by this state, the population of the county for the purpose of this Code section shall be deemed to be the total population of the county minus the population of the county which resides on property of the United States government other than persons who reside on property of the United States government within such county who are registered voters according to the official registered voters list of the county as most recently revised by the county board of registrars or other county election officials and any persons who reside on property of the United States government within such county who are not registered voters and who have re quested in writing to the board of jury commissioners that their names be included on the list from which citizens are selected to serve as jurors and grand jurors by the board of jury commissioners."
Section 2. This Act shall become effective on July 1, 1996.
Section 3. All laws and parts of laws in conflict with this Act are repealed.
Senator Henson of the 55th offered the following amendment:
Amend the substitute to SB 193 offered by the Senate Committee on Judiciary by de leting "1996" and substituting in lieu thereof "1995".

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JOURNAL OF THE SENATE

On the adoption of the amendment, the yeas were 41, nays 0, and the amendment was adopted.

On the adoption of the substitute, the yeas were 41, nays 0, and the substitute was adopted as amended.

The report of the committee, which was favorable to the 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 Balfour Baugh Boshears Bowen Broun of 46th Brown of 26th Burton Cheeks Clay Coleman Crotts Dawkins Day Dean Edge Egan Farrow

Garner Gillis Glanton Gochenour Harbison Hemmer Henson Hill Hooks Huggins Isakson Kemp Langford of 29th Madden Marable Newbill Oliver

Parrish Perdue Pollard Ragan of llth Ragan of 32nd Ralston Ray Robinson Scott Slotin Starr Taylor Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Abernathy Blitch

Langford of 35th

Middleton

On the passage of the bill, the yeas were 52, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

SB 315. By Senators Ralston of the 51st and Farrow of the 54th:
A bill to amend Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to magistrate courts, so as to create the office of senior magistrate; to provide for the appointment, qualifications, and duties of a senior magistrate; to provide for an oath; to provide for training; to change the composition of the Council of Magistrate Court Judges; to provide for compensation for senior magistrates.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

FRIDAY, MARCH 5, 1993

1059

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 Balfour Baugh Blitch Boshears Bowen Broun of 46th B,,Bruorwtonn of 26th CClhaeyeks
Coleman Crotts
Dawkins Day Dean Edge Egan

Farrow Garner Gillis Glanton Gochenour Harbison Hemmer H,,H.ie,l.nl son HHouoggksins
Isakson Kemp
Langford of 29th Madden Marable Newbill Oliver

Those not voting were Senators:

Parrish Perdue Pollard Ragan of Uth Ragan of 32nd Ralston j^ RD,, ob, i.nson Sfloottltn
Starr Tay1"1
Thomas Thompson Turner Tysinger Walker

Abernathy

Langford of 35th

Middleton

On the passage of the bill, the yeas were 53, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SR 211. By Senators Henson of the 55th and Parrish of the 43rd:
A resolution urging the Department of Transportation to establish a commuter efficiency program for state employees.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, a roll call was taken, and the vote was as follows:
Those voting in the affirmative were Senators:

Alien Balfour Blitch Boshears Bowen Brown of 26th Burton Cheeks Clay Coleman Crotts Dawkins Day Dean Egan Farrow

Garner Gillis Glanton Gochenour Harbison Hemmer Henson Hill Hooks Huggins Isakson Kemp Langford of 29th Madden Marable Newbill

Oliver Perdue Pollard Ragan of llth Ragan of 32nd Ralston Ray Robinson Scott Slotin Taylor Thomas Thompson Turner Tysinger Walker

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JOURNAL OF THE SENATE

Those not voting were Senators:

Abernathy Baugh Broun of 46th

Edge Langford of 35th Middleton

Parrish Starr

On the adoption of the resolution, the yeas were 48, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

SB 203. By Senators Henson of the 55th, Robinson of the 16th, Garner of the 30th and others:
A bill to amend Chapter 1 of Title 28 of the Official Code of Georgia Annotated, relating to the General Assembly in general, so as to establish an administrative procedure for the profiling of proposed bills and resolutions prior to the conven ing of each legislative session; to authorize the presiding officers of the Senate and House of Representatives to indicate the standing committees to which they intend to assign such proposed measures.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

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 Balfour Baugh Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cheeks Clay Coleman Crotts Dawkins Day Dean Egan

Farrow Garner Gillis Glanton Gochenour Harbison Hemmer Henson Hill Hooks Huggins Isakson Kemp Langford of 29th Madden Marable Newbill

Oliver Perdue Pollard Ragan of llth Ragan of 32nd Ralston Ray Robinson Scott Slotin Starr Taylor Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Abernathy Edge

Langford of 35th Middleton

Parrish

On the passage of the bill, the yeas were 51, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SB 282. By Senator Garner of the 30th:
A bill to amend Code Section 48-5-183 of the Official Code of Georgia Annotated, relating to minimum annual salaries of tax commissioners and tax collectors, so as to change the amount of such salaries; to provide an effective date.

FRIDAY, MARCH 5, 1993

1061

Senator Garner of the 30th offered the following amendment:

Amend SB 282 by striking from line 25 of page 1 the figure: $17,800.00", and inserting in lieu thereof the following: "$17,026.00";

By striking from line 26 of page 1 the figure: "$22,227.00", and inserting in lieu thereof the following: "$21,261.00";

By striking from line 27 of page 1 the figure: "$25,073.00", and inserting in lieu thereof the following: "$23,983.00";

By striking from line 1 of page 2 the figure: "$26,701.00", and inserting in lieu thereof the following: "$25,540.00";

By striking from line 2 of page 2 the figure: "$28,921.00", and inserting in lieu thereof the following: "$27,664.00";

By striking from line 3 of page 2 the figure: "$32,252.00", and inserting in lieu thereof the following: "$30,850.00";

By striking from line 4 of page 2 the figure: "$37,825.00", and inserting in lieu thereof the following: "$36,180.00";

By striking from line 5 of page 2 the figure: "$40,600.00", and inserting in lieu thereof the following: "$38,834.00";

By striking from line 6 of page 2 the figure: "$43,375.00", and inserting in lieu thereof the following: "$41,489.00";

By striking from line 7 of page 2 the figure: "$46,315.00", and inserting in lieu thereof the following: "$44,301.00";

By striking from line 8 of page 2 the figure: "$49,256.00", and inserting in lieu thereof the following: "$47,114.00";

By striking from line 9 of page 2 the figure: "$53,121.00", and inserting in lieu thereof the following: "$50,811.00"; and

By striking from line 10 of page 2 the figure: "$56,985.00", and inserting in lieu thereof the following: "$54,507.00".

On the adoption of the amendment, the yeas were 37, nays 0, and the amendment was adopted.

The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Alien Baugh Blitch Bowen Broun of 46th Brown of 26th Cheeks Clay Coleman Dean Edge Farrow

Garner Gillis Harbison Hemmer Hill Hooks Huggins Kemp Langford of 35th Madden Marable Perdue

Pollard Ragan of llth Ray Robinson Scott Slotin Starr Taylor Thomas Turner Walker

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JOURNAL OF THE SENATE

Those voting in the negative were Senators:

Balfour Boshears BCurorttotsn
Dawkins
Day

Egan Glanton rG. ocuhenour
Henson
Isakson

Langford of 29th Newbill TMOl-iver
Ragan of 32nd
Tysinger

Those not voting were Senators:

Abernathy Middleton

Parrish Ralston

Thompson

On the passage of the bill, the yeas were 35, nays 16.

The bill, having received the requisite constitutional majority, was passed as amended.

SR 206. By Senators Thompson of the 33rd, Garner of the 30th and Hooks of the 14th:

A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the General Assembly to provide for the creation of enterprise zones for certain tax treatment purposes; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article VII, Section I, Paragraph III of the Constitution is amended by strik ing subparagraph (a) thereof and inserting in its place a new subparagraph 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 (c), (d), and (e), (f), and (g) all taxa tion shall be uniform upon the same class of subjects within the territorial limits of the authority levying the tax."
Section 2. Said Paragraph is further amended by striking subparagraph (f) thereof and inserting in its place the following subparagraphs:
"(f) The General Assembly may provide for a different method and time of returns, assessments, payment, and collection of ad valorem taxes of public utilities, but not on a greater assessed percentage of value or at a higher rate of taxation than other properties, except that property provided for in subparagraph (c), (d), r (e), or (g).
(g) The General Assembly may provide by local law that any or all real property and tangiBle personal property located in an enterprise zone as designated by the governing au thority of a county or a municipal corporation shall be treated as a separate class or classes of property from all other such property located within such county or municipal corpora tion for the purpose of ad valorem taxes levied for county, city, or educational purposes and to adopt different rates, methods, and assessment dates for the taxation of such property. No such local law may become effective unless it is approved in a referendum by a majority of the qualified voters voting thereon in the county, municipality, or school district whose taxes are directly affected thereby. The General Assembly is authorized by general law to control the subject matter of this subparagraph but such general law may not provide for the separate taxation treatment of property located in an enterprise zone unless such treat ment becomes eifective pursuant to a local law approved as provided in this subparagraph. Nothing in this subparagraph shall be construed to limit any existing authority for the treatment of real property located in an urban enterprise zone as a separate class of prop erty for ad valorem taxation purposes."

FRIDAY, MARCH 5, 1993

1063

Section 3. 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 for the creation of enterprise zones for certain tax treatment 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:

Alien Balfour Baugh Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cheeks Clay Coleman Crotts Dawkins Day Dean Edge

Egan Farrow Garner Gillis Glanton Gochenour Harbison Hemmer Henson Hill Hooks Huggins Isakson Kemp Langford of 35th Langford of 29th Madden

Marable Newbill Oliver Perdue Pollard Ragan of llth Ragan of 32nd Ralston Ray Robinson Scott Starr Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Abernathy Middleton

Parrish Slotin

Taylor

On the adoption of the resolution, the yeas were 51, nays 0.

The resolution, having received the requisite two-thirds constitutional majority, was adopted.

HR 228. By Representatives Colwell of the 7th, Lawson of the 20th, Mills of the 21st and Hughes of the 19th:
A resolution authorizing the conveyance of certain state owned real property lo cated in Hall County.
Senate Sponsor: Senator Starr of the 44th.

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JOURNAL OF THE SENATE

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

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 Balfour Baugh Blitch Boshears Bowen Brown of 26th Burton Cheeks Coleman Crotts Dawkins Day Dean Edge Egan Farrow

Garner Gillis Glanton Gochenour Harbison Hemmer Henson Hill Hooks Huggins Isakson Kemp Langford of 35th Langford of 29th Madden Marable Newbill

Oliver Perdue Pollard Ragan of llth Ragan of 32nd Ralston Ray Robinson Scott Slotin Starr Taylor Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Abernathy Broun of 46th

Clay Middleton

Parrish

On the adoption of the resolution, the yeas were 51, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

SB 335. By Senators Taylor of the 12th, Henson of the 55th and Brown of the 26th:
A bill to amend Article 4 of Chapter 12 of Title 45 of the Official Code of Georgia Annotated, relating to the Office of Planning and Budget and budgetary processes, so as to change provisions relating to state budgetary processes; to de fine certain terms; to provide for a strategic planning process; to provide for an outcome based budgeting system; to amend Article 3 of Chapter 5 of Title 28 of the Official Code of Georgia Annotated, relating to legislative procedures for fis cal legislation, so as to change provisions relating to fiscal notes.
Senator Isakson of the 21st offered the following amendment:
Amend SB 335 by adding on line 10 of page 1 after the word and symbol "budgets;" and before the word "to" the following:
"to provide standards for amendments to a previously enacted General Appropriations Act;".
By adding between the period and the quotation marks at the end of line 17 of page 12 the following:
"Any amendment to a previously enacted General Appropriations Act shall only pro vide for an addition to or reduction from a budget unit which is established and subject to continuing appropriations."

FRIDAY, MARCH 5, 1993

1065

On the adoption of the amendment offered by Senator Isakson of the 21st, the Presi dent ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Alien Balfour Baugh Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cheeks Clay Coleman Crotts Dawkins Day Dean

Edge Farrow Garner Gillis Glanton Gochenour Harbison Hemmer Henson Hill Hooks Huggins Isakson Kemp Langford of 35th Langford of 29th Madden

Those not voting were Senators:

Marable Newbill Oliver Perdue Pollard Ragan of llth Ragan of 32nd Ralston Ray Robinson Slotin Starr Taylor Thomas Turner Tysinger Walker

Egan Middleton

Parrish Scott

Thompson

On the adoption of the amendment offered by Senator Isakson of the 21st, the yeas were 51, nays 0, and the amendment was adopted.

Senators Dawkins of the 45th, Taylor of the 12th, Brown of the 26th, Henson of the 55th and Isakson of the 21st offered the following amendment:

Amend SB 335 by renumbering Sections 4 through 16 as Sections 5 through 17, respec tively, and inserting a new Section 4 to read as follows:

"Section 4. Said article is further amended by inserting immediately following Code Section 45-12-75 a new Code Section 45-12-75.1 to read as follows:

'45-12-75.1. (a) On or before October 1 of 1994 and each year thereafter, the Governor, through the Office of Planning and Budget, shall prepare and submit to the Budget Sub committee of the House Committee on Appropriations and the Continuation Subcommittee of the Senate Committee on Appropriations a continuation budget report. On or before May 1 of 1994 and every year thereafter, the Governor, through the Office of Planning and Budget, shall consult and coordinate with the chairpersons of the subcommittees of the House and Senate Appropriations Committees to develop a list of agencies and programs in agencies which will be included in the continuation budget report for the year. Each state department shall be included in the continuation budget report not less than once every five years. The continuation budget report shall contain a detailed analysis of the funds neces sary to provide services in the current fiscal year for each state agency and program ex amined. Such report shall address all programs and shall include, in addition to a detailed analysis of the funds necessary to continue such programs at their current level, a descrip tion of the purposes and accomplishments of the programs.
(b) The subcommittees shall consider the budget report prepared pursuant to this Code section in conjunction with the audit report prepared pursuant to paragraph (4) of Code Section 50-6-24.

(c) The subcommittees shall submit to the membership of the General Assembly within one week of the convening of each regular session of the General Assembly a list of all programs included in the continuation budget report for each department examined as well as actions recommended, if any, by the subcommittees.

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JOURNAL OF THE SENATE

(d) It is the intent of this Code section to examine all state departments not less than once every five years.' "
On the adoption of the amendment offered by Senators Dawkins of the 45th, Taylor of the 12th, Brown of the 26th, Henson of the 55th and Isakson of the 21st, the yeas were 37, nays 0, and the amendment was adopted.
Senators Taylor of the 12th, Brown of the 26th and Henson of the 55th offered the following amendment (No. 1):
Amend SB 335 on page 17, lines 8 and 9, by striking the words "each member of the General Assembly" and inserting in place thereof the following:
"each member of the General Assembly the Budget Subcommittee of the House Com mittee on Appropriations and the Continuation Subcommittee of the Senate Committee on Appropriations".
By striking the words "General Assembly" on line 18 of page 17 and inserting in place thereof the following:
General Assembly subcommittees".
On the adoption of the amendment (No. 1) offered by Senators Taylor of the 12th, Brown of the 26th and Henson of the 55th, the yeas were 47, nays 0, and the amendment was adopted.
Senators Taylor of the 12th, Brown of the 26th and Henson of the 55th offered the following amendment (No. 2):
Amend SB 335 by inserting after the word "Budget" on line 3 of page 20 the following:
", but not less than five years".
By striking all matter on lines 1 through 15 of page 21 and inserting in lieu thereof the following:
"(b) The Office of Planning and Budget shall cause to be prepared a scrica of long range functional development plans relating to, but not necessarily limited to, outdoor recreation, water development, transportation, economic development, and other broad areas of state responsibility and coordinate the development of strategic plans by departments, boards, bureaus, commissions, institutions, authorities, and other agencies to ensure that the state wide directions are met. The Office of Planning and Budget shall:
(1) Ensure that the focus of the various plans do not conflict with the general state goals;
(2) Offer assistance to the various departments, boards, bureaus, commissions, institutioniTauthorities, and other agencies of state government in the design and execution of their programs and be the coordinating agency for the separate department or agency proposals;
(3) Phase in implementation by the various departments, boards, bureaus, commissions, institutions, authorities, and other agencies of state government. By September 1 of 1993 and each year thereafter until all departments, boards, bureaus, commissions, institutions, authorities, and other agencies have initiated strategic planning, the Office of Planning and Budget shall notify the Budget Subcommittee of the House Committee on Appropriations and the Continuation Subcommittee of the Senate Committee on Appropriations as to which departments, boards, bureaus, commissions, institutions, authorities, and other agen cies will initiate strategic planning in the coming year; and
(4) Present such strategic plans, in cooperation with the affected department, board,

FRIDAY, MARCH 5, 1993

1067

bureau, commission, institution, authority, or other agency, to the House Budget Subcom mittee and the Senate Continuation Subcommittee."

On the adoption of the amendment (No. 2) offered by Senators Taylor of the 12th, Brown of the 26th and Henson of the 55th, the yeas were 44, nays 0, and the amendment was adopted.

Senators Taylor of the 12th, Brown of the 26th and Henson of the 55th offered the following amendment (No. 3):

Amend SB 335 by adding after the word "session" on line 9 of page 22 the following: "beginning with the 1994 session".

On the adoption of the amendment (No. 3) offered by Senators Taylor of the 12th, Brown of the 26th and Henson of the 55th, the yeas were 38, nays 0, and the amendment was adopted.

Senators Taylor of the 12th, Brown of the 26th and Henson of the 55th offered the following amendment (No. 4):

Amend SB 335 by striking the words "General Assembly" on lines 29 and 30 of page 23 and inserting in lieu thereof the following:
"Budget Subcommittee of the House Committee on Appropriations and the Continua tion Subcommittee of the Senate Committee on Appropriations".
By striking the quotation mark on line 25 of page 24 and inserting immediately thereaf ter the following:
"(e) It is the intent of the General Assembly that all programs be evaluated at least every ten years.^""

On the adoption of the amendment (No. 4) offered by Senators Taylor of the 12th, Brown of the 26th and Henson of the 55th, the yeas were 37, nays 0, and the amendment was adopted.

The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Alien Balfour Baugh Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cheeks Coleman Crotts Dawkins Day

Dean Edge Farrow Garner Gillis Glanton Gochenour Harbison Hemmer Henson Hill Hooks Huggins Isakson Kemp

Langford of 35th Langford of 29th Madden Marable Newbill Perdue Pollard Ragan of llth Ragan of 32nd Ralston Ray Robinson Scott Slotin Starr

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JOURNAL OF THE SENATE

Taylor Thomas

Thompson Turner

Tysinger Walker

Those not voting were Senators:

Clay Egan

Middleton Oliver

Parrish

On the passage of the bill, the yeas were 51, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.

Senator Edge of the 28th moved that Senator Egan of the 40th be excused due to a medical appointment.

On the motion, the yeas were 38, nays 1; the motion prevailed, and Senator Egan of the 40th was excused from the Senate today.

The following general bill of the Senate, favorably reported by the committee, was read the third time and put upon its passage:

SB 231. By Senator Cheeks of the 23rd:
A bill to amend Code Section 10-1-393 of the Official Code of Georgia Annotated, relating to unfair or deceptive practices in consumer transactions, so as to pro vide that each promotional offer made in the state must be identified on the envelope containing the notice as a promotion and that the odds of winning must be stated conspicuously.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Alien Baugh Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cheeks Coleman Crotts Day

Dean Gochenour Harbison Hemmer Henson Hill Hooks Huggins Kemp Langford of 35th Langford of 29th Madden Marable

Oliver Pollard Ragan of llth Ray Robinson Scott Slotin Starr Thomas Thompson Turner Walker

Those voting in the negative were Senators:

Balfour
Edge FFaarrrroow Garner

Gillis Glanton Isakson Newbill

Perdue Ragan of 32nd Ralston Tysinger

FRIDAY, MARCH 5, 1993

1069

Those not voting were Senators:

Dawkins Egan (excused)

Middleton Parrish

Taylor

On the passage of the bill, the yeas were 38, nays 13.

The bill, having received the requisite constitutional majority, was passed.

Senator Cheeks of the 23rd moved that SB 231 be immediately transmitted to the House.

On the motion, the yeas were 39, nays 2; the motion prevailed, and SB 231 was immedi ately transmitted to the House.

Senator Madden of the 47th moved that Senator Middleton of the 50th be excused from the Senate due to a commitment.

On the motion, the yeas were 39, nays 0; the motion prevailed, and Senator Middleton of the 50th was excused from the Senate today.

Senator Ragan of the 32nd introduced the doctor of the day, Dr. Rose Briglevich, of Marietta, Georgia.

The following general bill of the Senate, favorably reported by the committee, was read the third time and put upon its passage:

SB 39. By Senators Slotin of the 39th and Scott of the 36th:
A bill to amend Article 1 of Chapter 9 of Title 10 of the Official Code of Georgia Annotated, the "Geo. L. Smith II Georgia World Congress Center Act," so as to require the authority and its operating agents to meet certain requirements for hiring a certain number of employees from certain residential areas; to define terms; to specify requirements; to provide for certain protections for current employees.

The Senate Committee on Consumer Affairs offered the following substitute to SB 39:

A BILL
To be entitled an Act to amend Article 1 of Chapter 9 of Title 10 of the Official Code of Georgia Annotated, the "Geo. L. Smith II Georgia World Congress Center Act," so as to provide that the authority and its operating agents shall make certain efforts to hire em ployees from certain residential areas; to define terms; to specify requirements; to provide for certain protections for current employees; to provide for a Governor's Advisory Commit tee on Community Employment at the World Congress Center; to provide for other related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 1 of Chapter 9 of Title 10 of the Official Code of Georgia Annotated, the "Geo. L. Smith II Georgia World Congress Center Act," is amended by adding a new Code Section 10-9-7.1 to read as follows:
"10-9-7.1. (a) As used in this Code section, the term:
(1) 'Operating agent' means:
(A) Any person or entity to whom or which the authority has granted any operating control over, or operating responsibility for, the project or any part thereof on a continuing basis; or

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(B) Any person or entity to whom or which the authority has granted the right to con duct any commercial activity on the premises of the project or any part thereof on a contin uing basis.
The term 'operating agent' shall not include, however, any party exercising such operating control or operating responsibility or conducting such commercial activity as a part of a single transaction of brief duration. As an illustration of the foregoing, the term 'operating agent' would include any party with which the authority contracts for operation of any part of the project for a period of 21 days or longer; but the term would not include the party having managerial control over a single convention, trade show, sports event, or other public event held in the project for a period of less than 21 days. As a further illustration, the term 'operating agent' would include an exhibitor, concessionaire, caterer, or vendor operating within project facilities for a series of conventions, trade shows, sports events, or other pub lic events extending over a period of 21 days or more; but the term would not include an exhibitor, concessionaire, caterer, or vendor operating within project facilities for a single convention, trade show, sports event, or other public event held in the project for a period of less than 21 days;
(2) 'Area neighborhoods' includes those areas of the City of Atlanta commonly known as Vine City; John Hope/University Homes; Egan Homes; English Avenue; Herndon Homes; Harris Homes; and Washington Park; and more specifically the term 'area neighborhoods' includes all of that territory embraced within a boundary described as follows: Begin at the point of intersection or crossing of Bankhead Highway and Northside Drive; Proceed thence in a generally southerly direction along Northside Drive to its point of intersection or cross ing of Interstate Highway 20; Proceed thence in a generally westerly direction along Inter state Highway 20 to its point of intersection or crossing of the L & N Railroad Line; Pro ceed thence in a generally northerly direction along said L & N Railroad Line to its point of intersection or crossing of Bankhead Highway; Proceed thence in a generally easterly direc tion along Bankhead Highway to the point of its intersection or crossing of Northside Drive, the point of beginning.
(b) The authority shall so conduct its affairs such that it shall make a good faith effort to ensure that a significant portion of its full-time and part-time employees and a significant portion of the full-time and part-time employees of each operating agent with whom it en ters into any operations agreement or contract for the performance of duties on project premises shall be residents of 'area neighborhoods'; provided, however, that the provisions of this Code section shall not be construed to require the hiring or employment of any particular percentage or quota of residents of area neighborhoods.
(c) The provisions of this Code section shall not require the discharge of any employee of the authority or any operating agent.
(d) There shall be created a committee to be known as the Governor's Advisory Com mittee on Community Employment at the World Congress Center. The committee shall be composed of each member of the General Assembly representing any portion of the 'area neighborhoods,' one person appointed by the Fulton County Commission; one person ap pointed by the City of Atlanta, and two persons appointed by the Governor. Such members of the committee shall serve for a term which shall coincide with the terms of office of members of the General Assembly. The authority shall provide to members of the commit tee on a quarterly basis figures and statistics showing the number of residents of 'area neighborhoods' who shall be employed full-time or part-time by the authority or any operat ing agent. Members of the committee shall have the power to submit to the authority the names, addresses, and qualifications of residents of 'area neighborhoods' who seek or desire employment with the authority or its operating agents. The authority shall make a good faith effort to evaluate such persons for jobs with the authority and shall submit such infor mation to its operating agents who are seeking employees. However, nothing in this Code section shall require or obligate the authority or its operating agents to hire or employ any person whose name is submitted to them by the committee. The committee shall have the

FRIDAY, MARCH 5, 1993

1071

authority to make recommendations and submit reports to the Governor and General As sembly concerning community employment at the World Congress Center.
(e) On February 1, 1994, the authority shall submit to the committee a written report detailing the efforts of the authority to ensure that a significant portion of the full-time and part-time employees of the authority and its operating agents are residents of 'area neigh borhoods.' Subsequent reports shall be submitted on February 1 of each year after the ini tial report is submitted."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

Senators Broun of the 46th and Clay of the 37th offered the following amendment:

Amend the substitute to SB 39 offered by the Senate Committee on Consumer Affairs by striking the word "Governor's" on line 30 of page 3.
By striking the words "two terms" on line 3 of page 4 and inserting in their place the words "a term".
By adding after the period on line 5 of page 4 the following:
"No state funds shall be expended for the support of the advisory committee; and, without limiting the generality of the foregoing, the members of the General Assembly serv ing on the advisory committee shall not receive from state funds any compensation or reim bursement for such service."

On the adoption of the amendment, the yeas were 44, nays 2, and the amendment was adopted.

On the adoption of the substitute, the yeas were 47, nays 0, and the substitute was adopted as amended.

The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Alien Baugh Blitch Boshears Bowen Cheeks

Coleman Day Dean Garner Harbison Hooks Kemp

Langford of 35th Pollard Scott Slotin Starr Thomas Walker

Those voting in the negative were Senators:

Balfour Broun of 46th Burton Clay Crotts Dawkins Edge Farrow

Gillis Glanton Gochenour Hemmer Henson Hill Huggins Isakson

Langford of 29th Madden Marable Newbill Oliver Perdue Ragan of llth Ragan of 32nd

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Ralston Ray

Robinson Taylor

Turner Tysinger

Those not voting were Senators:

Brown of 26th Egan (excused)

Middleton (excused) Parrish

Thompson

On the passage of the bill, the yeas were 21, nays 30.

The bill, having failed to receive the requisite constitutional majority, was lost.

Senator Slotin of the 39th gave notice that, at the proper time, he would move that the Senate reconsider its action in defeating SB 39.

Senator Henson of the 55th moved that Senator Parrish of the 43rd be excused from the Senate due to Senate business in his district.

On the motion, the yeas were 36, nays 9; the motion prevailed, and Senator Parrish of the 43rd was excused from the Senate today.

The following message was received from the House through Mr. Rivers, the Clerk thereof:

Mr. President:

The House has passed by the requisite constitutional majority the following bill of the House:

HB 972. By Representative Chambless of the 163rd:
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 pro vide procedures for the issuance of subpoenas by the Superior Court of Fulton County on behalf of the Committees on Ethics of the Senate and House of Representatives.
The following general bills of the Senate and House, favorably reported by the commit tees, were read the third time and put upon their passage:

SB 269. By Senators Blitch of the 7th and Oliver of the 42nd:
A bill to amend Code Section 19-9-3 of the Official Code of Georgia Annotated, relating to discretion of court in custody disputes, so as to provide that upon the filing of an action for a change of child custody, the court may in its discretion change the terms of custody on a temporary basis pending final judgment on such issue; to provide that any such award shall not constitute an adjudication of the rights of the parties.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Alien Balfour Baugh

Blitch Boshears Bowen Broun of 46th

Burton Clay Coleman Crotts

FRIDAY, MARCH 5, 1993

1073

Dawkins Day Dean
EdSe Farrow GGf-.-iatl-rh,.nser Glanton Gochenour Harbison
Hemmer Henson Hill

Hooks Huggins Isakson
KemP Langford of 35th LM*aandgidfieonrd of 29th Marable Newbill Oliver
Perdue Pollard Ragan of llth

Ragan of 32nd Ralston Ray
Robinson Scott 0bl, ot..in
btarr Taylor Thompson Turner Tysinger Walker

Those not voting were Senators:

Brown of 26th Cheeks

Egan (excused) Middleton (excused)

Parrish (excused) Thomas

On the passage of the bill, the yeas were 50, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SB 175. By Senators Clay of the 37th and Edge of the 28th:
A bill to amend Chapter 1 of Title 34 of the Official Code of Georgia Annotated, relating to general provisions applicable to labor and industrial relations, so as to provide immunity from civil liability to an employer or any other person who discloses information about another person's job performance under certain circumstances.

The Senate Committee on Judiciary offered the following substitute to SB 175:

A BILL
To be entitled an Act to amend Chapter 1 of Title 34 of the Official Code of Georgia Annotated, relating to general provisions applicable to labor and industrial relations, so as to provide immunity from civil liability to certain employers or other persons who disclose information about certain other persons' job performance under certain circumstances; to provide for definitions; 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 34 of the Official Code of Georgia Annotated, relating to general provisions applicable to labor and industrial relations, is amended by inserting at the end thereof a new Code Section 34-1-4 to read as follows:
"34-1-4. (a) As used in this Code section the term:
(1) 'Employee' means any person who is employed by a hospital, health care institution, school, day care center, or other child care institution.
(2) 'Employer' means a hospital, health care institution, school, public health facility, day care center, or other child care center.
(b) An employer as defined in subsection (a) or any person employed by an employer who discloses information concerning an employee's or former employee's job performance, any act committed by such employee which would constitute a violation of the laws of this state if such act occurred in this state, or ability or lack of ability to carry out the duties of such job to a prospective employer of such employee or former employee upon request of

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the prospective employer or of the person seeking employment is presumed to be acting in good faith and, unless lack of good faith is shown by a preponderance of the evidence, is immune from civil liability for such disclosure or its consequences unless the information was disclosed in violation of a nondisclosure agreement or the information disclosed was otherwise considered confidential according to applicable federal, state, or local statute, rule, or regulation."
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:

Abernathy Alien Balfour Baugh Blitch Boshears Bowen Broun of 46th Burton Cheeks Clay Coleman Crotts
Dawkins Day Dean Edge

Farrow Garner Gillis Glanton Gochenour Harbison Hemmer Henson Hill Hooks Huggins Isakson Kemp
Langford of 35th Langford of 29th Madden Marable

Newbill Oliver Perdue Pollard Ragan of llth Ragan of 32nd Ralston Ray Robinson Scott Slotin Starr Thomas
Thompson Turner Tysinger Walker

Those not voting were Senators:

Brown of 26th Egan (excused)

Middleton (excused) Parrish (excused)

Taylor

On the passage of the bill, the yeas were 51, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

HB 143. By Representatives Thomas of the 100th, Chambless of the 163rd and Hammond of the 32nd:
A bill to amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to provide for the creation and funding of alternative dispute resolu tion programs in each county of this state.
Senate Sponsor: Senator Oliver of the 42nd.

Senator Oliver of the 42nd moved that HB 143 be postponed until Wednesday, March 10.

FRIDAY, MARCH 5, 1993

1075

On the motion, the yeas were 34, nays 0; the motion prevailed, and HB 143 was post poned until Wednesday, March 10.

SB 287. By Senator Coleman of the 1st:
A bill to amend Chapter 38 of Title 43 of the Official Code of Georgia Annotated, relating to operators of private detective and private security businesses, so as to provide arrest powers for certain private security guards.

The Senate Committee on Public Safety offered the following substitute to SB 287:

A BILL
To be entitled an Act to amend Chapter 38 of Title 43 of the Official Code of Georgia Annotated, relating to operators of private detective and private security businesses, so as to provide arrest powers for certain private security guards; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 38 of Title 43 of the Official Code of Georgia Annotated, relating to operators of private detective and private security businesses, is amended by striking in its entirety Code Section 43-38-13, relating to arrest powers of persons licensed under such chapter, and inserting in lieu thereof the following:
"43-38-13. Licensees or registrants under this chapter shall have the same power of arrest as that granted to a private person by Code Section 17-4-60 who are employed to patrol, guard, or render a similar service on certain property shall have such arrest power as provided in Code Section 17-4-60 only on the property they were employed to patrol, guard, or render a similar service uponT1
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:

Abernathy Alien Balfour
Baugh Blitch Boshears

Garner Glanton Gochenour
Harbison Hemmer Henson

DBroWuen" oef 4*6at^h BChuerteokns QJ Coleman Crotts Day Dean Edge Farrow

HHiol1okg "u u,ggm s Isakson KemP Langford of 35th Langford of 29th Madden Marable Newbill

Oliver Perdue Pollard
Ragan of 32nd Ralston Ray
gRobinson So,lot,-m Starr Taylor Thomas Thompson Turner Tysinger Walker

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JOURNAL OF THE SENATE

Those not voting were Senators:

Brown of 26th Dawkins Egan (excused)

Gillis Middleton (excused)

Parrish (excused) Ragan of llth

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 bills of the House were read the first time and referred to committees:

HB 255. By Representatives Burkhalter of the 41st, Felton of the 43rd, Canty of the 52nd and others:
A bill to amend Code Section 20-2-261 of the Official Code of Georgia Annotated, relating to minimum educational facility requirements, so as to exempt certain county boards of education from certain county fees and assessments.
Referred to Committee on Education.

HB 282. By Representatives Twiggs of the 8th and Colwell of the 7th:
A bill to amend Code Section 20-2-164 of the Official Code of Georgia Annotated, relating to the local fair share of funding under the "Quality Basic Education Act," so as to change the provisions relating to the limitation on local fair share funds.
Referred to Committee on Education.

HB 341. By Representatives Carter of the 166th, Reaves of the 178th, Royal of the 164th and others:
A bill to amend Title 2 of the Official Code of Georgia Annotated, relating to agriculture, so as to revise definitions in Article 1 of Chapter 9, relating to dealers in agricultural products in general; to provide for a new Chapter 16 to be entitled the "Perishable Agricultural Commodity Act of Georgia".
Referred to Committee on Agriculture.

HB 385. By Representatives Dover of the 9th, Jamieson of the 22nd, Harris of the 112th and others:
A bill to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to provide for withholding tax at the source on the sale or transfer of real property and associated tangible property by certain non residents; to provide for liens.
Referred to Committee on Finance and Public Utilities.

HB 972. By Representative Chambless of the 163rd:
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 pro vide procedures for the issuance of subpoenas by the Superior Court of Fulton County on behalf of the Committees on Ethics of the Senate and House of Representatives.
Referred to Committee on Ethics.

FRIDAY, MARCH 5, 1993

1077

The following general bill of the Senate, favorably reported by the committee, was read the third time and put upon its passage:
SB 317. By Senators Newbill of the 56th and Starr of the 44th:
A bill to amend Chapter 7 of Title 46 of the Official Code of Georgia Annotated, relating to motor carriers, so as to provide for regulation of limousine carriers by the Public Service Commission; to provide definitions; to require each limousine carrier to obtain a permit from the commission; to provide for issuance of a per mit; to provide that permits are nontransferable; to provide for grounds for revo cation or suspension of a permit.
Senators Newbill of the 56th and Starr of the 44th offered the following substitute to SB 317:
A BILL
To be entitled an Act to amend Title 46 of the Official Code of Georgia Annotated, relating to public utilities and public transportation, so as to change a definition; to provide for the issuance of certificates of public convenience and necessity to limousine carriers by the Public Service Commission; to provide definitions; to require each limousine carrier to obtain a certificate from the commission; to provide for the power of the commission; to provide that general law preempts regulation of limousine carriers by any other political subdivision of the state; to provide that a limousine carrier is not required to file a tariff of rates and charges; to provide for temporary permits; to provide for issuance of certificates to limousine carriers operating on July 1, 1993; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 46 of the Official Code of Georgia Annotated, relating to public utilities and public transportation, is amended by striking division (7)(C)(xiii) of Code Section 46-11, relating to definitions, and inserting in lieu thereof a new division (7)(C)(xiii) to read as follows:
"(xiii) Vehicles, except limousines and sedans, transporting not more than 15 persons for hire, except that any operator of such a vehicle is required to register the exempt opera tion with the commission, register and identify any of its vehicles, and become subject to the commission's liability insurance and vehicle safety rules;"
Section 2. Chapter 7 of Title 46 of the Official Code of Georgia Annotated, relating to motor carriers, is amended by redesignating current Articles 3 and 4 as Articles 4 and 5, respectively, and by adding a new Article 3 to read as follows:
"ARTICLE 3
46-7-85.1. As used in this article, the term:
(1) 'Certificate' means a certificate of public convenience and necessity issued by the Public Service Commission.
(2) 'Commission' means the Public Service Commission.
(3) 'Limousine' means any motor vehicle that meets the manufacturer's specifications for a luxury limousine with a designed seating capacity for no more than ten passengers and with a minimum of five seats located behind the operator of the vehicle, and which does not have a door at the rear of the vehicle designed to allow passenger entry or exit; further, no vehicle shall be permitted to be operated both as a taxicab and a limousine.
(4) 'Limousine carrier' means any person operating a service regularly rendered to the public by furnishing transportation as a motor common carrier for hire, not over fixed routes, by means of limousines, extended limousines, or sedans operated by chauffeurs, on the basis of telephone contract, written contract, or other prearrangement.

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(5) 'Person' means any individual, firm, partnership, corporation, company, association, or joint-stock association, and includes any trustee, receiver, assignee, or personal represen tative thereof.
(6) 'Public highway' means every public street, road, or highway in this state.
(7) 'Sedan' means any luxury or nonluxury sedan-type vehicle which has a seating ca pacity of not more than five passengers and the driver and which does not contain a taxime ter designed to measure electronically or mechanically the distance traveled.
46-7-85.2. No limousine carrier shall operate any limousine or sedan for the transporta tion of passengers for compensation on any public highway in this state exiept in accor dance with the provisions of this article.
46-7-85.3. No person may engage in the business of a limousine carrier over any public highway in this state without first having obtained from the commission a certificate of public convenience and necessity to do so.
46-7-85.4. (a) The commission shall prescribe the form of the application for the certifi cate and shall prescribe such reasonable requirements as to notice, publication, proof of service, and information as may, in its judgment, be necessary.
(b) A certificate shall be issued to any qualified applicant authorizing the operations covered by the application if it is found that the applicant is fit, willing, and able to perform properly the service and conform to the provisions of this article and the rules and regula tions of the commission.
46-7-85.5. (a) It shall be the duty of the commission to regulate limousine carriers with respect to the safety of equipment.
(b) The commission may perform random safety and mechanical inspections for each vehicle owned and operated by a limousine carrier.
46-7-85.6. The State of Georgia fully occupies and preempts the entire field of regula tion over limousine carriers as regulated by this article.
46-7-85.7. A limousine carrier operating under a certificate issued by the commission shall not be required to file with the commission a tariff of rates and charges or time sched ules showing arrivals and departures of limousines at any location served.
46-7-85.8. A limousine carrier may obtain a temporary permit for a period of 21 consec utive days beginning and ending on the dates specified on the face of the permit. Temporary permits shall be obtained by limousine carriers which make only infrequent trips within and through this state. The fee for each temporary certificate shall be $100.00 per week and $20.00 for each vehicle. No temporary permit shall be issued without the commission having first received satisfactory proof that it meets the insurance requirements of the rules and regulations of the commission. A temporary permit shall be carried in the motor vehicle for which it was issued at all times such vehicle is in this state. The commission may issue a temporary permit by facsimile message or letter.
46-7-85.9. Each limousine carrier which registers any vehicle under this article shall, for each such certificated vehicle, affix to the center of the front bumper of each such certifi cated vehicle a standard size license plate bearing the following information: (1) limousine company name, (2) city and state of principal domicile, (3) company telephone number, and (4) the vehicle classification, IE-1. The cost for such license plate shall be the sole responsi bility of the limousine carrier and must be placed on each certificated vehicle prior to said vehicle being placed in service and no later than January 1, 1994, for all such vehicles cur rently owned and to be registered and operated by a limousine carrier.
46-7-85.10. Any person doing business in this state as a limousine carrier who is regis tered as such with the commission as of July 1, 1993, shall be entitled to be issued a certifi cate required under this article by the commission authorizing such person to continue do ing business as a limousine carrier provided that such person submits a proper application and pays the required fees.

FRIDAY, MARCH 5, 1993

1079

46-7-85.11. The commission shall promulgate such rules and regulations as are neces sary to effectuate and administer the provisions of this article."
Section 2. This Act shall be effective on July 1, 1993.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Balfour Baugh Blitch Boshears Bowen Broun of 46th Burton Clay Crotts Dawkins Day Dean Edge

Garner Glanton Gochenour Harbison Hemmer Henson Hill Huggins Isakson Langford of 29th Madden Marable Newbill

Perdue Pollard Ragan of llth Ragan of 32nd Ralston Ray Scott Slotin Starr Taylor Thompson Tysinger

Those voting in the negative were Senators:

Abernathy Alien Cheeks Coleman

Farrow Hooks Kemp Langford of 35th

Oliver Robinson Thomas Walker

Those not voting were Senators:

Brown of 26th Egan (excused)

Gillis Middleton (excused)

Parrish (excused) Turner

On the adoption of the substitute, the yeas were 38, nays 12, and the substitute was adopted.

The President announced that, pursuant to Senate Rule 143, consideration of SB 317 would be suspended and placed on the Senate General Calendar.

Senator Robinson of the 16th moved that, pursuant to HR 424, adopted previously, the Senate stand in recess until 5:00 o'clock P.M. today, and at that time stand adjourned until 9:15 o'clock A.M. on Monday, March 8, 1993.

At 4:38 o'clock P.M., the President announced that the motion prevailed.

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Senate Chamber, Atlanta, Georgia Monday, March 8, 1993
Thirty-third Legislative Day

The Senate met pursuant to adjournment at 9:15 o'clock A.M. today and was called to order by the President.

Senator Muggins of the 53rd reported that the Journal of the proceedings of Friday, March 5, had been read and found correct.

Senator Slotin of the 39th moved that the Senate reconsider its action on March 5, 1993, in defeating the following bill of the Senate:

SB 39. By Senators Slotin of the 39th and Scott of the 36th:
A bill to amend Article 1 of Chapter 9 of Title 10 of the Official Code of Georgia Annotated, the "Geo. L. Smith II Georgia World Congress Center Act," so as to require the authority and its operating agents to meet certain requirements for hiring a certain number of employees from certain residential areas; to define terms; to specify requirements; to provide for certain protections for current employees.

On the motion, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Boshears Bowen
Brown of 26th Cheeks Dean Garner Gillis

Henson Hooks
Huggins Marable Parrish Perdue Pollard

Robinson Scott
Slotin Thomas Thompson Turner Walker

Those voting in the negative were Senators:

Balfour Broun of 46th Burton Clay Crotts Day

Edge Egan Glanton Gochenour Isakson Langford of 29th

Middleton Newbill Ragan of llth Ragan of 32nd Ralston Tysinger

Those not voting were Senators:

Abernathy Alien Baugh Blitch Coleman
Dawkins

Farrow Harbison Hemmer Hill Kemp
Langford of 35th

Madden Oliver R nay Starr
Taylor

On the motion, the yeas were 21, nays 18; the motion prevailed, and SB 39 was recon sidered and placed on the Senate General Calendar.

By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.

MONDAY, MARCH 8, 1993

1081

The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House:
HB 916. By Representatives Epps of the 131st and Skipper of the 137th: A bill to amend an Act to reconstitute the Meriwether County Board of Educa tion, so as to provide for reapportionment of the education districts from which members of the board are elected.
HB 917. By Representatives Epps of the 131st and Skipper of the 137th: A bill to amend an Act creating the Board of Commissioners of Meriwether County, so as to provide for reapportionment of the districts from which mem bers of the board are elected.
HB 921. By Representatives Wall of the 82nd, Dix of the 76th, Johnson of the 84th, Johnston of the 81st, Bannister of the 77th and others: A bill to amend an Act to continue and re-create the State Court of Gwinnett County, so as to provide for an additional judge for the State Court of Gwinnett County.
HB 946. By Representatives Hart of the 116th and Padgett of the 119th: A bill to amend an Act providing for a salary supplement to be paid from funds of Burke County to the superior court judges of the Augusta Judicial Circuit, so as to change the amount of such supplement.
HB 948. By Representatives Johnston of the 81st, Dickinson of the 83rd, Coleman of the 80th, Goodwin of the 79th, Wall of the 82nd and others: A bill to amend an Act creating a new charter for the City of Norcross, so as to change the corporate limits of the City of Norcross.
HB 950. By Representatives Coleman of the 80th, Johnston of the 81st and Goodwin of the 79th: A bill to amend an Act providing a new charter for the City of Norcross, so as to change the terms of municipal office and the times for holding the general munic ipal election.
HB 951. By Representative Coleman of the 80th: A bill to provide a homestead exemption from all City of Duluth ad valorem taxes for any city purposes, including but not limited to taxes to retire bonded indebtedness, in the amount of $2,000.00 of the assessed value of the homestead for residents of the City of Duluth.
HB 970. By Representative Shanahan of the 10th: A bill to provide a homestead exemption from certain City of Calhoun School District ad valorem taxes for educational purposes in the amount of $20,000.00 of the assessed value of the homestead for certain residents of that school district who are 65 years of age or over.

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HB 971. By Representative Shanahan of the 10th:
A bill to provide a homestead exemption from certain Gordon County School District ad valorem taxes for educational purposes in the amount of $20,000.00 of the assessed value of the homestead for certain residents of that school district who are 65 years of age or over.
HB 835. By Representatives Harris of the 112th, Walker of the 141st and Groover of the 125th:
A bill to amend Part 1 of Article 2 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to property tax exemptions, so as to provide that failure to file a written application and schedule shall not be cause for waiver of certain homestead exemptions.
HB 164. By Representatives Harris of the 112th and Parham of the 122nd:
A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles, so as to require Georgia residents to maintain proof of vehicle registration in such motor vehicle at all times; to require concurrent submission of a motor vehicle title application at the time of application for registration or transfer of registration of such vehicle.
HB 68. By Representatives Davis of the 48th, McKinney of the 51st, Brooks of the 54th and Coleman of the 142nd:
A bill to amend Article 5 of Chapter 12 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia Commission on Women, so as to provide that members shall receive a per diem allowance.
HB 130. By Representatives Skandalakis of the 45th, Burkhalter of the 41st, Crews of the 78th and Mills of the 21st:
A bill to amend Code Section 16-6-4 of the Official Code of Georgia Annotated, relating to child molestation and aggravated child molestation, so as to provide that upon a second or subsequent conviction for child molestation, a person shall be imprisoned for not less than five years, or for life but only upon having re ceived notice, in writing, that the state intends to seek life imprisonment.
HB 389. By Representatives Sinkfield of the 57th, Smith of the 174th, Orrock of the 56th, Lucas of the 124th, Turnquest of the 73rd and others:
A bill to amend Chapter 10 of Title 34 of the Official Code of Georgia Annotated, relating to labor pools, so as to define certain terms; to prohibit employers from failing to give temporary employees pay stubs or other notice of their rate of pay and any deductions; to prohibit paying temporary employees except in cash or check redeemable at full value; to provide for the powers of the Commissioner of Labor.
HB 100. By Representatives Childers of the 13th, Martin of the 47th, Snow of the 2nd, McKinney of the 51st and Perry of the llth:
A bill to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to change the composition and powers of county boards of health; to amend Title 37 of the Official Code of Georgia Annotated, relating to mental health, so as to change certain definitions.
HB 265. By Representatives Dover of the 9th, Royal of the 164th and Skipper of the 137th:
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 provide for the

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manner in which the state revenue commissioner may compel the remittance of certain abandoned property.

HB 275. By Representatives Dover of the 9th, Royal of the 164th and Skipper of the 137th:
A bill to amend Code Section 48-2-55 of the Official Code of Georgia Annotated, relating to attachment, garnishment, and levy with respect to taxes, so as to pro vide for procedures regarding a levy on accounts in or with certain financial institutions.

HB 885. By Representative Groover of the 125th:
A bill to amend Code Section 12-3-522 of the Official Code of Georgia Annotated, relating to creation of the Georgia Music Hall of Fame Authority, so as to change provisions relating to compensation of members of the authority.

HB 395. By Representatives Hammond of the 32nd, Cauthorn of the 35th, Bostick of the 165th and Thomas of the 100th:
A bill to amend Title 11 of the Official Code of Georgia Annotated, known as the "Uniform Commercial Code," so as to add a new Article 2A, relating to leases; to provide for a short title; to provide for scope.

HB 797. By Representative Parham of the 122nd:
A bill to amend Title 13 of the Official Code of Georgia Annotated, relating to contracts, so as to provide a right for a party paying certain federal manufac turer's taxes under contract to have an option to time those payments to immedi ately precede that other party's requirement to remit these taxes to the Internal Revenue Service.

HB 903. By Representatives Thomas of the 100th and Chambless of the 163rd:
A bill to amend Chapter 14 of Title 50 of the Official Code of Georgia Annotated, relating to open and public meetings of governmental bodies, so as to repeal the provisions relating to criminal penalties.

The House has passed, by substitute, by the requisite constitutional majority the fol lowing bill of the Senate:

SB 284. By Senator Thompson of the 33rd:
A bill to amend an Act providing a new charter for the city of Austell, as amended, so as to change certain provisions relating to the administrative re sponsibilities of the mayor, city council, and the directors of various city depart ments; to change certain provisions relating to the exercise of the mayor's veto.

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The House has adopted by the requisite constitutional majority the following resolu tions of the House and Senate:
HR 78. By Representative Carrell of the 87th: A resolution compensating Mr. Ricky Lee Boynton.
HR 96. By Representative Royal of the 164th: A resolution compensating Ms. Nina Wilson.
HR 155. By Representative Wall of the 82nd: A resolution compensating Ms. Lorraine Strickland.
HR 156. By Representative Colwell of the 7th: A resolution compensating Mrs. L. C. Poore.
HR 157. By Representative Coleman of the 142nd: A resolution compensating Albert and Delia Mae Lampkin.
HR 263. By Representatives Godbee of the 145th and Parrish of the 144th: A resolution compensating Mr. Craig J. Winkler.
HR 360. By Representatives Lane of the 55th and Mobley of the 86th: A resolution ratifying the change of regional development center boundaries es tablished by the Board of Community Affairs.
SR 256. By Senators Coleman of the 1st, Alien of the 2nd, Boshears of the 6th and others: A resolution expressing appreciation to Honorable Downing Musgrove.
The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:
SB 383. By Senator Day of the 48th: A bill to amend an Act providing a new charter for the City of Sugar Hill, as amended, so as to change the corporate limits.
Referred to Committee on Urban and County Affairs.
SB 384. By Senator Hemmer of the 49th: A bill to provide a homestead exemption from all Hall County School District ad valorem taxes for educational purposes, including but not limited to taxes to re tire school bond indebtedness, in the amount of $14,000.00 of the assessed value of the homestead for certain residents of that school district who have annual gross incomes not exceeding $12,000.00 and who are 62 years of age or over; to provide for definitions.
Referred to Committee on Urban and County Affairs.
SR 267. By Senators Ragan of the llth, Brown of the 26th, Slotin of the 39th and others: A resolution creating the Senate Study Committee on Postsecondary Technical and Adult Education Finance.
Referred to Committee on Rules.

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SR 268. By Senators Ragan of the llth, Hemmer of the 49th, Pollard of the 24th and others:
A resolution designating the month of April, 1993, as "Turfgrass Month In Georgia".
Referred to Committee on Agriculture.
The following bills and resolutions of the House were read the first time and referred to committees:
HB 68. By Representatives Davis of the 48th, McKinney of the 51st, Brooks of the 54th and Coleman of the 142nd:
A bill to amend Article 5 of Chapter 12 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia Commission on Women, so as to provide that members shall receive a per diem allowance.
Referred to Committee on Insurance and Labor.
HB 100. By Representatives Childers of the 13th, Martin of the 47th, Snow of the 2nd and others:
A bill to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to change the composition and powers of county boards of health; to amend Title 37 of the Official Code of Georgia Annotated, relating to mental health, so as to change certain definitions.
Referred to Committee on Health and Human Services.
HB 130. By Representatives Skandalakis of the 45th and Burkhalter of the 41st:
A bill to amend Code Section 16-6-4 of the Official Code of Georgia Annotated, relating to child molestation and aggravated child molestation, so as to provide that upon a second or subsequent conviction for child molestation, a person shall be imprisoned for not less that five years, or for life but only upon having re ceived notice, in writing, that the state intends to seek life imprisonment.
Referred to Committee on Special Judiciary.
HB 164. By Representatives Harris of the 112th and Parham of the 122nd:
A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles, so as to require Georgia residents to maintain proof of vehicle registration in such motor vehicle at all times; to require concurrent submission of a motor vehicle title application at the time of application for registration or transfer of registration of such vehicle.
Referred to Committee on Public Safety.
HB 265. By Representatives Dover of the 9th, Royal of the 164th and Skipper of the 137th:
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 provide for the manner in which the state revenue commissioner may compel the remittance of certain abandoned property.
Referred to Committee on Finance and Public Utilities.

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HB 275. By Representatives Dover of the 9th, Royal of the 164th and Skipper of the 137th:
A bill to amend Code Section 48-2-55 of the Official Code of Georgia Annotated, relating to attachment, garnishment, and levy with respect to taxes, so as to pro vide for procedures regarding a levy on accounts in or with certain financial institutions. Referred to Committee on Finance and Public Utilities.
HB 389. By Representatives Sinkfield of the 57th, Smith of the 174th, Orrock of the 56th and others:
A bill to amend Chapter 10 of Title 34 of the Official Code of Georgia Annotated, relating to labor pools, so as to define certain terms; to prohibit employers from failing to give temporary employees pay stubs or other notice of their rate of pay and any deductions; to prohibit paying temporary employees except in cash or check redeemable at full value; to provide for the powers of the Commissioner of Labor. Referred to Committee on Insurance and Labor.
HB 395. By Representatives Hammond of the 32nd, Cauthorn of the 35th, Bostick of the 165th and Thomas of the 100th:
A bill to amend Title 11 of the Official Code of Georgia Annotated, known as the "Uniform Commercial Code," so as to add a new Article 2A, relating to leases; to provide for a short title; to provide for scope. Referred to Committee on Judiciary.
HB 797. By Representative Parham of the 122nd:
A bill to amend Title 13 of the Official Code of Georgia Annotated, relating to contracts, so as to provide a right for a party paying certain federal manufac turer's taxes under contract to have an option to time those payments to immedi ately precede that other party's requirement to remit these taxes to the Internal Revenue Service. Referred to Committee on Finance and Public Utilities.
HB 835. By Representatives Harris of the 112th, Walker of the 141st and Groover of the 125th:
A bill to amend Part 1 of Article 2 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to property tax exemptions, so as to provide that failure to file a written application and schedule shall not be cause for waiver of certain homestead exemptions. Referred to Committee on Finance and Public Utilities.
HB 885. By Representative Groover of the 125th:
A bill to amend Code Section 12-3-522 of the Official Code of Georgia Annotated, relating to creation of the Georgia Music Hall of Fame Authority, so as to change provisions relating to compensation of members of the authority. Referred to Committee on Economic Development, Tourism and Cultural Affairs.
HB 903. By Representatives Thomas of the 100th and Chambless of the 163rd:
A bill to amend Chapter 14 of Title 50 of the Official Code of Georgia Annotated, relating to open and public meetings of governmental bodies, so as to repeal the provisions relating to criminal penalties. Referred to Committee on Judiciary.

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HB 916. By Representatives Epps of the 131st and Skipper of the 137th: A bill to amend an Act to reconstitute the Meriwether County Board of Educa tion, so as to provide for reapportionment of the education districts from which members of the board are elected.
Referred to Committee on Urban and County Affairs.
HB 917. By Representatives Epps of the 131st and Skipper of the 137th:
A bill to amend an Act creating the Board of Commissioners of Meriwether County, so as to provide for reapportionment of the districts from which mem bers of the board are elected. Referred to Committee on Urban and County Affairs.
HB 921. By Representatives Wall of the 82nd, Dix of the 76th, Johnson of the 84th and others:
A bill to amend an Act to continue and re-create the State Court of Gwinnett County, so as to provide for an additional judge for the State Court of Gwinnett County. Referred to Committee on Urban and County Affairs.
HB 946. By Representatives Hart of the 116th and Padgett of the 119th:
A bill to amend an Act providing for a salary supplement to be paid from funds of Burke County to the superior court judges of the Augusta Judicial Circuit, so as to change the amount of such supplement. Referred to Committee on Urban and County Affairs.
HB 948. By Representatives Johnston of the 81st, Dickinson of the 83rd, Coleman of the 80th and others: A bill to amend an Act creating a new charter for the City of Norcross, so as to change the corporate limits of the City of Norcross.
Referred to Committee on Urban and County Affairs.
HB 950. By Representatives Coleman of the 80th, Johnston of the 81st and Goodwin of the 79th: A bill to amend an Act providing a new charter for the City of Norcross, so as to change the terms of municipal office and the times for holding the general munic ipal election.
Referred to Committee on Urban and County Affairs.
HB 951. By Representative Coleman of the 80th:
A bill to provide a homestead exemption from all City of Duluth ad valorem taxes for any city purposes, including but not limited to taxes to retire bonded indebtedness, in the amount of $2,000.00 of the assessed value of the homestead for residents of the City of Duluth. Referred to Committee on Urban and County Affairs.
HB 970. By Representative Shanahan of the 10th:
A bill to provide a homestead exemption from certain City of Calhoun School District ad valorem taxes for educational purposes in the amount of $20,000.00 of the assessed value of the homestead for certain residents of that school district who are 65 years of age or over. Referred to Committee on Urban and County Affairs.

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HB 971. By Representative Shanahan of the 10th:
A bill to provide a homestead exemption from certain Gordon County School District ad valorem taxes for educational purposes in the amount of $20,000.00 of the assessed value of the homestead for certain residents of that school district who are 65 years of age or over.
Referred to Committee on Urban and County Affairs.

HR 78. By Representative Carrell of the 87th: A resolution compensating Mr. Ricky Lee Boynton.
Referred to Committee on Appropriations.

HR 96. By Representative Royal of the 164th: A resolution compensating Ms. Nina Wilson.
Referred to Committee on Appropriations.

HR 155. By Representative Wall of the 82nd: A resolution compensating Ms. Lorraine Strickland.
Referred to Committee on Appropriations.

HR 156. By Representative Colwell of the 7th: A resolution compensating Mrs. L. C. Poore.
Referred to Committee on Appropriations.

HR 157. By Representative Coleman of the 142nd: A resolution compensating Albert and Delia Mae Lampkin.
Referred to Committee on Appropriations.

HR 263. By Representatives Godbee of the 145th and Parrish of the 144th: A resolution compensating Mr. Craig J. Winkler.
Referred to Committee on Appropriations.

HR 360. By Representatives Lane of the 55th and Mobley of the 86th:
A resolution ratifying the change of regional development center boundaries es tablished by the Board of Community Affairs. Referred to Committee on Urban and County Affairs (General).

The following report of a standing committee was read by the Secretary:

Mr. President:

The Committee on Urban and County Affairs has had under consideration the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SB 373. Do pass. SB 374. Do pass.

HB 942. Do pass. HB 962. Do pass.

SB 375. Do pass.

HB 963. Do pass.

HB 868. Do pass.

Respectfully submitted,

Senator Thompson of the 33rd District, Chairman

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The following bills and resolutions of the Senate and House were read the second time:
SB 168. By Senators Boshears of the 6th and Ralston of the 51st:
A bill to amend Article 2 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to issuance, expiration, and renewal of drivers' licenses, so as to require minors to be enrolled in public or private school, home study, or cer tain other courses of study or to have graduated from high school or received an equivalency diploma or certificate of high school completion as a requirement of issuance of a driver's license; to provide for verification.
SB 340. By Senators Marable of the 52nd, Robinson of the 16th and Henson of the 55th:
A bill to amend Article 1 of Chapter 11 of Title 40 of the Official Code of Georgia Annotated, relating to general provisions relative to abandoned motor vehicles, so as to provide procedures for determination that a vehicle is a derelict motor vehicle; to provide for disposition of derelict motor vehicles; to provide for notice and procedures; to provide for cancellation of the title of a derelict motor vehicle; to provide for penalties.
SR 248. By Senator Oliver of the 42nd:
A resolution designating the Clark Harrison State Office Building.
HB 24. By Representative Parham of the 122nd:
A bill to amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, so as to change certain provisions relative to mandatory suspension of a driver's license.
HB 38. By Representatives Powell of the 23rd, Cummings of the 27th and Atkins of the 29th:
A bill to amend Article 2 of Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to the creation, administration, and management of assets of the Teachers Retirement System of Georgia, so as to authorize the board of trustees of such system to deduct from benefit payments the membership dues of certain nonprofit organizations under certain circumstances.
HB 49. By Representatives Poston of the 3rd, Holland of the 157th, Porter of the 143rd and Turnquest of the 73rd:
A bill to amend Chapter 1 of Title 45 of the Official Code of Georgia Annotated, relating to general provisions regarding public officers and employees, so as to regulate the receiving and investigating of complaints or information from public employees concerning fraud, waste, and abuse in or relating to any state pro grams or operations.
HB 90. By Representatives Baker of the 70th, Bordeaux of the 151st and Orrock of the 56th:
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 change provisions re lating to blood testing and genetic testing; to provide for a rebuttable presump tion of paternity arising from certain genetic testing.
HB 205. By Representative Jenkins of the 110th:
A bill to amend Code Section 15-16-1 of the Official Code of Georgia Annotated, relating to qualifications and training requirements of sheriffs, so as to change the qualifications for such office.

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HB 206. By Representatives Coleman of the 142nd, Streat of the 167th, Twiggs of the 8th and others: A hill to amend Code Section 15-16-20 of the Official Code of Georgia Annotated, relating to minimum annual salaries of sheriffs, so as to change the minimum annual salaries of such sheriffs; to change the population brackets; to change the effective date of cost-of-living increases in salaries.
HB 248. By Representative Stephenson of the 25th: A bill to amend Article 5 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to local school superintendents, so as to provide that each local school superintendent shall be paid a certain minimum salary; to provide that such salary shall be paid out of state funds.
HB 402. By Representatives Cauthorn of the 35th and Hammond of the 32nd: A bill to amend Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to superior courts, so as to repeal provisions authorizing investment or deposit of funds paid into the court registry; to further amend said chapter and Chapters 7 and 10 of Title 15 of the Official Code of Georgia Annotated, relating respectively to state courts of counties and magistrate courts, so as to provide that clerks of such courts shall deposit funds paid into the court registry into interest-bearing trust accounts.
HB 403. By Representatives Cauthorn of the 35th and Hammond of the 32nd: 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 repeal a provision authorizing deposit of certain funds held by the sheriffs of certain counties.
HB 476. By Representatives Powell of the 23rd and Bostick of the 165th: A bill to amend Chapter 13 of Title 43 of the Official Code of Georgia Annotated, "The Driver Training School License Act," so as to provide that driver training instructor licenses shall be valid for two years.
HB 538. By Representatives Simpson of the 101st, Thomas of the 100th, Cox of the 160th and Cauthorn of the 35th: A bill to amend Part 1 of Article 16 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to registration and use of trademarks and service marks, so as to provide for registration of certain service marks by school boards.
HB 543. By Representatives Thomas of the 100th, Chambless of the 163rd and Groover of the 125th: A bill to amend Article 4 of Chapter 82 of Title 36 of the Official Code of Georgia Annotated, relating to bonds for public contractors, so as to change the provi sions relating to action or breached bond or security deposit.
HB 544. By Representatives Thomas of the 100th, Chambless of the 163rd and Groover of the 125th: A bill to amend Part 3 of Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to mechanics and materialmen's liens, so as to provide for certain notice of lien rights.
HB 545. By Representatives Thomas of the 100th, Chambless of the 163rd and Groover of the 125th: A bill to amend Article 2 of Chapter 7 of Title 10 of the Official Code of Georgia Annotated, relating to the relative rights of creditor and surety, so as to provide

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for payment bonds or security deposits with respect to contracts for the construc tion of an improvement to property other than a public work.
HB 584. By Representatives Cauthorn of the 35th, Culbreth of the 132nd, Byrd of the 170th and others:
A bill to amend Code Section 13-6-15 of the Official Code of Georgia Annotated, relating to damages for writing bad checks, so as to provide that the maker of a dishonored check shall have ten days to pay the payee in cash; to provide for notice of this ten-day period.
HB 585. By Representatives Birdsong of the 123rd, Barfoot of the 155th, Bargeron of the 120th and Padgett of the 119th:
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 plates for certain per sons and vehicles, so as to provide certain procedures which will enable a dis abled veteran to qualify for a special license plate.
HB 660. By Representative Floyd of the 138th:
A bill to amend Article 2 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to dimensions and weight of vehicles and loads, so as to pro vide that loads of unprocessed forest products may be a maximum total length of 60 feet.
HB 714. By Representatives Skipper of the 137th, Dixon of the 150th, Johnson of the 153rd and others:
A bill to amend Chapter 23 of Title 43 of the Official Code of Georgia Annotated, relating to landscape architects, so as to change the provisions relating to mem bership of the Georgia Board of Landscape Architects.
HB 750. By Representatives Twiggs of the 8th, Cummings of the 27th, Murphy of the 18th and others:
A bill to amend Article 6 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to retirement and eligibility for a retirement allowance, so as to provide a retirement allowance for certain members.
HB 759. By Representatives Hanner of the 159th, Reaves of the 178th, Crawford of the 129th and others:
A bill to amend Article 7 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, the "Uniform Commercial Driver's License Act," so as to provide for issuance of restricted commercial drivers' licenses to certain drivers in the agri cultural industry.
HB 779. By Representative Cummings of the 27th:
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 that persons who become members after July 1, 1993, shall not be entitled to an automatic cost-of-living benefit increase.
HB 782. By Representative Cummings of the 27th:
A bill to amend Article 2 of Chapter 10 of Title 47 of the Official Code of Georgia Annotated, relating to the creation, administration, and management of the as-

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sets of the Trial Judges and Solicitors Retirement Fund, so as to authorize the board of trustees of such system to grant postretirement benefit increases.
The President called for the morning roll call, and the following Senators answered to their names:

Balfour Baugh
Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cheeks Clay Coleman Crotts Dawkins Day Dean Edge Egan

Farrow Garner
Glanton Gochenour Harbison Hemmer Hill Hooks Huggins Isakson Kemp Langford of 35th Langford of 29th Madden Marable Middleton Newbill

Oliver Parrish
Perdue Pollard Ragan of llth Ragan of 32nd Ralston Ray Robinson Scott Slotin Starr Taylor Thomas Thompson Tysinger Walker

Those not answering were Senators:

Abernathy Alien

Gillis Henson

Turner

Senator Thompson of the 33rd introduced Ms. Stephanie Michels, 1992 Miss Georgia, who gave her rendition of the National Anthem.

The Lieutenant Governor led the Senators in the Pledge of Allegiance to the Flag of the United States of America.

Senator Newbill of the 56th introduced the chaplain of the day, Dr. Malone Dodson, pastor of the Roswell First United Methodist Church, Roswell, Georgia, who offered scrip ture reading and prayer.

Senator Turner of the 8th requested that the following statement be placed in the Jour nal today by the secretary:
"I was present and my button did not record at morning roll call today!"

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The following resolutions of the Senate were read and adopted:
SR 265. By Senator Cheeks of the 23rd: A resolution commending Pierre Onassis.
SR 266. By Senators Thomas of the 10th, Scott of the 36th, Langford of the 35th and others: A resolution recognizing and commending Major Myron Eugene Freeman.
SR 269. By Senators Thompson of the 33rd, Clay of the 37th, Ragan of the 32nd and Isakson of the 21st: A resolution recognizing Ms. Stephanie Michels.
SR 270. By Senator Dean of the 31st: A resolution congratulating Greg and Sharon Smith of Cedartown, Georgia, on the birth of their quadruplets.
SR 271. By Senators Thompson of the 33rd, Ragan of the 32nd and Clay of the 37th: A resolution recognizing and welcoming Congressman George (Buddy) Darden.
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 8, 1993
THIRTY-THIRD LEGISLATIVE DAY (The names listed with each bill are the Senators whose districts are affected by the legislation.)
SB 373 Walker, 22nd Cheeks, 23rd RICHMOND COUNTY Changes the provisions for membership of the Board of Tax Assessors of Richmond County; provides for districts from which members of the board shall be appointed.
SB 374 Baugh, 25th HANCOCK COUNTY Reconstitutes the Board of Commissioners of Hancock County; powers, du ties, rights, obligations and liabilities; provides for education districts; pro vides for election of board members.
SB 375 Baugh, 25th HANCOCK COUNTY Creates a Board of County Commissioners of Hancock County; provides for its powers, duties, rights, obligations and liabilities; reconstitutes.
HB 868 Edge, 28th PEACHTREE CITY Creates and incorporates Peachtree City; changes the corporate limits of the city.

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HB 942 Ray, 19th CITY OF DOUGLAS
Provides a new charter for the City of Douglas.

HB 962 Taylor, 12th Hooks, 14th DOUGHERTY COUNTY
Creates the State Court of Dougherty County, formerly known as the City Court of Albany; changes the provisions relating to compensation of the judge; provides that the district attorney shall appoint an assistant district attorney as a full-time solicitor of the state court.

HB 963 Taylor, 12th Hooks, 14th DOUGHERTY COUNTY
Creates the Small Claims Court of Dougherty County; changes the provisions of the chief magistrate and magistrates; provides for a full-time chief magis trate and part-time magistrates; their selection and compensation.

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:

Balfour Baugh Boshears Bowen Broun of 46th Brown of 26th BC,huerteok, ns CCloalyeman
Crotts
Dawkins
Day Dean
Edge Egan

Farrow Garner Glanton Gochenour Harbison Hemmer HHTTie-lInIl son HHouoggksins
Isakson
Kemp
Langford of 29th Madden
Marable Middleton

Newbill Oliver Parrish Perdue Pollard R of 32nd TKRJ a,lstton ,,Rob.inson
blotm
Starr
Taylor Thompson
Turner Tysinger

Those not voting were Senators:

Abernathy Alien Blitch

Gillis Langford of 35th Ragan of llth

Scott Thomas Walker

On the passage of all the local bills, the yeas were 47, nays 0.

All the bills on the Senate Local Consent Calendar, having received the requisite consti tutional majority, were passed.

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1095

The following general commemorative resolutions of the Senate, favorably reported by the committee, were read the third time and put upon their adoption:

GENERAL CONSENT CALENDAR FOR COMMEMORATIVE RESOLUTIONS Monday, March 8, 1993
THIRTY-THIRD LEGISLATIVE DAY

SR 228. By Senators Huggins of the 53rd and Farrow of the 54th: A resolution designating the General Ron Griffith Highway.

SR 230. By Senator Brown of the 26th: A resolution designating a certain bridge as the Walter L. Hardin Bridge.

SR 231. By Senator Brown of the 26th: A resolution designating a certain crosswalk as the Bobby Jones Crosswalk.

SR 232. By Senators Taylor of the 12th, Ragan of the llth and Turner of the 8th: A resolution designating the Chattahoochee Valley Trail Scenic Highway.

SR 234. By Senator Robinson of the 16th: A resolution designating the Medal of Honor Highway for Freeman V. Horner.

The reports of the committee, which were favorable to the adoption of the resolutions, were agreed to.

On the adoption of all the resolutions on the General Consent Calendar for Commemo rative Resolutions, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Balfour Baugh Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cheeks Clay Coleman Crotts Day Edge Egan

Farrow Garner Gochenour Harbison Hemmer Henson Hooks Huggins Kemp Langford of 35th Langford of 29th Madden Marable Middleton Newbill

Parrish Perdue Pollard Ragan of llth Ragan of 32nd Ralston Ray Robinson Slotin Starr Taylor Thomas Thompson Turner Tysinger

Those not voting were Senators:

Abernathy Alien Dawkins Dean

Gillis Glanton Hill Isakson

Oliver Scott Walker

On the adoption of all the commemorative resolutions, the yeas were 45, nays 0.

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All the resolutions on the General Consent Calendar for Commemorative Resolutions, having received the requisite constitutional majority, were adopted.
SENATE RULES CALENDAR
Monday, March 8, 1993
THIRTY-THIRD LEGISLATIVE DAY
SB 317 Limousine Carriers--Public Service Commission regulate (Substitute) (F&PU--56th)
(Pursuant to Senate Rule 143, final passage of the bill was suspended on March 5, 1993.)
SR 180 Crisp County--easement for electrical transmission lines (F&PU--13th)
SB 306 Conservation Ranger--retain weapon after 25 years (Pub Saf--30th)
SB 328 Tollway Authority--change to Transportation Authority (Substitute) (Trans--1st)
SB 226 Georgia Reform Insurance Plan (GRIP)--provide (Substitute) (I&L--12th)
SB 256 Wills Lost, Destroyed--presumption of revocability (S Judy--55th)
SB 295 Commerce & Trade--wholesale distribution, out-of-state principals (S Judy--55th)
SB 355 Financial Institution Documents--deliver to Banking and Finance Department (Substitute) (B&FI--46th)
SB 163 Driving Under the Influence--information officer required to submit to person for chemical test (Substitute) (S Judy--32nd)
SB 278 MARTA--exclude nonrecurring costs as "operating costs" (Substitute) (U&CA G--35th)
SB 114 Bingo Games--maximum amount of prizes awarded (Amendment) (BDT&C--35th)
SB 131 Elections--Public Safety Department license examiners, deputy registrars (Substitute) (Gov Op--43rd)
SB 209 Moving Mobile Homes Without Certain Decal--information to tax collectors (Amendment) (Trans--12th)
SB 273 Workers' Compensation Benefits--municipal inmate not deemed employee (Substitute) (I&L--24th)
SB 290 Teacher, School Personnel Contracts--which personnel eligible (Ed--36th)
SB 296 Add Valorem Tax--assessment appeal by mail (Substitue) (U&CA G--9th)
SB 304 Sports Hall of Fame Board--change membership (EDT&C--30th)
SB 307 Driver's License Issuance to DUI Offender--alcohol/drug program (S Judy--52nd)
SB 312 Nurse Specialist in Psychiatric/Mental Health--perform certain acts (H&HS--55th)
SB 314 Alcohol Sale for Consumption on Premises, Sundays--certain cities (Substitute) (U&CA G--37th)
SB 316 School Evaluation--standards for high-achieving school designation (Substitute) (Ed--52nd)
SB 326 Health Insurance--coverage for anti-cancer drug therapy (I&L--4th)
SB 339 Merit System--reclassify certain Commissioner of Insurance employees (Gov Op--16th)

MONDAY, MARCH 8, 1993

1097

SB 342 Upper Savannah River Development Authority Act--membership, jurisdiction (Nat R--47th)
SB 343 Bus Shelters--permits from Department of Transportation and local approval (Substitute) (Trans--1st)
SB 346 Banks--transfer of fiduciary capacities (B&FI--16th)
SB 347 Special Purpose Banks--condition of approval by Banking and Finance Depart ment (B&FI--16th)
SB 352 Health Insurance--retired or retiring school employee (Substitute) (H&HS--50th)
SB 357 Special License Plates--retired reservists (D&VA--15th)
SB 358 Juvenile Courts--use supervision fees for mediation services (S Judy--18th)
SB 359 Banks--security interests in assets to secure public fund deposits (B&FI--16th)
SB 367 Special License Plates--retired armed forces (D&VA--15th)
SB 368 State Defense Force--change provisions on command (D&VA--5th)
SB 369 Secondary School Credit for Postsecondary Courses--funding (H Ed--18th)
SB 371 Jekyll Island Musical Theatre Festival--official musical theatre (EDT&C--8th)
SB 372 State Purchasing--goods produced by rehabilitation programs (H&HS--30th)
SR 11 Olympic Organizing Committees--urge utilize green industry (EDT&C--llth)
SR 109 Joint Study Committee on Creating Department of Deaf, Hard of Hear ing--create (Rules--5th)
SB 333 Transportation--definition of "other transportation purpose" in federal law (Trans--1st)
SR 199 Industry, Trade, and Tourism--promote locales as retirement destinations (EDT&C--50th)
SR 203 CA: City/County--sharing ad valorem proceeds with other counties (F&PU--4th)
SR 238 Regional Development Center Boundaries--ratify change by Community Affairs Board (U&CA G--33rd)
Respectfully submitted,
1st George Hooks of the 14th, Chairman Senate Rules Committee
The following general bill of the Senate, having been read the third time and final ac tion suspended on March 5, pursuant to Senate Rule 143, and placed on the Senate Rules Calendar for today, was continued upon its passage:
SB 317. By Senators Newbill of the 56th and Starr of the 44th:
A bill to amend Chapter 7 of Title 46 of the Official Code of Georgia Annotated, relating to motor carriers, so as to provide for regulation of limousine carriers by the Public Service Commission; to provide definitions; to require each limousine carrier to obtain a permit from the commission; to provide for issuance of a per mit; to provide that permits are nontransferable; to provide for grounds for revo cation or suspension of a permit.
The substitute to SB 317 offered by Senators Newbill of the 56th and Starr of the 44th on March 5, as it appears in the Journal of March 5, was automatically reconsidered and put upon its adoption.

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On the adoption of the substitute, the yeas were 36, nays 1, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill, was agreed to by substitute.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Balfour Baugh Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cheeks Clay Coleman Dawkins Day Dean Edge Egan

Farrow Garner Glanton Gochenour Harbison Hemmer Henson Hill Hooks Isakson Kemp Langford of 29th Madden Marable Middleton Newbill

Oliver Parrish Perdue Pollard Ragan of llth Ragan of 32nd Ralston Ray Robinson Slotin Starr Taylor Thomas Thompson Turner Tysinger

Those voting in the negative were Senators:

Abernathy

Langford of 35th

Those not voting were Senators:

Alien Crotts

Gillis Huggins

Scott Walker

On the passage of the bill, the yeas were 48, nays 2.

The bill, having received the requisite constitutional majority, was passed by substitute.

Senator Newbill of the 56th moved that SB 317 be immediately transmitted to the House.

On the motion, the yeas were 38, nays 0; the motion prevailed, and SB 317 was immedi ately transmitted to the House.

The following general resolution and bills of the Senate, favorably reported by the com mittees, were read the third time and put upon their passage:

SR 180. By Senator Bowen of the 13th:
A resolution authorizing the granting of a nonexclusive easement for operation and maintenance of electrical transmission lines in, on, over, under, upon, across, or through property owned by the State of Georgia in Crisp County, Georgia; to provide an effective date.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

MONDAY, MARCH 8, 1993

1099

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Balfour Baugh Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cheeks Clay Coleman Crotts Dawkins Day Dean Edge Egan Farrow

Garner Gillis Glanton Gochenour Harbison Hemmer Henson Hill Hooks Huggins Isakson Kemp Langford of 35th Langford of 29th Madden Marable Middleton

Newbill Oliver Parrish Perdue Pollard Ragan of llth Ragan of 32nd Ralston Ray Robinson Slotin Starr Taylor Thomas Thompson Turner Tysinger

Those not voting were Senators:

Abernathy Alien

Scott

Walker

On the adoption of the resolution, the yeas were 52, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

SB 306. By Senators Garner of the 30th and Robinson of the 16th:
A bill to amend Chapter 1 of Title 27 of the Official Code of Georgia Annotated, relating to general provisions concerning game and fish, so as to provide that after a conservation ranger has accumulated 25 years of service with the Depart ment of Natural Resources as a peace officer and upon leaving such department under honorable conditions, such conservation ranger shall be entitled as part of his compensation to retain his weapon.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Balfour Baugh Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cheeks Clay

Coleman Crotts Day Dean Edge Egan Farrow Garner Gillis Glanton

Gochenour Harbison Hemmer Hill Hooks Huggins Isakson Kemp Langford of 35th Langford of 29th

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Madden Marable Middleton
NOeliwvebrlll
Parrish Perdue

Pollard Ragan of llth R of 32nd
rR, ali s^ton
Ray Slotin

Starr Thomas Thompson
rTrurner
Tysinger Walker

Those not voting were Senators:

Abernathy Alien Dawkins

Henson Robinson

Scott Taylor

On the passage of the bill, the yeas were 49, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SB 328. By Senators Coleman of the 1st, Thompson of the 33rd and Taylor of the 12th:
A bill to amend Title 32 of the Official Code of Georgia Annotated, known as the "Georgia Code of Public Transportation," so as to change the name of the State Tollway Authority to the Georgia Transportation Authority; to change the provi sions relating to the authority; to include rail passenger facilities among the projects authorized; to provide for powers and duties; to provide for an effective date.

The Senate Committee on Transportation offered the following substitute to SB 328:

A BILL
To be entitled an Act to amend Title 32 of the Official Code of Georgia Annotated, knows as the "Georgia Code of Public Transportation," so as to change the name of the State Tollway Authority to the Georgia Transportation Authority; to change the provisions relating to the authority; to provide for definitions; to provide for rail passenger facilities as authorized projects; to provide for the expiration of tolls; to provide that tolls may continue to be collected after the retirement of financing obligations; to authorize and provide for the participation of private persons and entities in the study, design, financing, construction, operation, maintenance, and improvement of transportation facilities; to authorize the au thority to make contracts and leases through requests for proposals and negotiation; to pro vide that a private person or entity desiring to construct or operate a transportation facility must apply for approval by the authority; to provide for the conditions of approval by the authority; to provide for the opportunity for public hearing; to provide that each transporta tion facility shall be open to the public; to provide for the requirements of a comprehensive agreement; to require that all construction and maintenance contracts for a transportation facility shall be let by competitive bid; to provide for the powers and duties of the authority; to provide for the powers and duties of private persons or entities constructing or operating a transportation facility; to provide for the use of the power of eminent domain; to provide for the authorization of federal loans; to require public liability insurance; to require pay ment and performance bonds; to provide for conditions of default; to provide for the en forcement of traffic and public safety laws; to amend Code Section 12-7-17 of the Official Code of Georgia Annotated, relating to exemptions from Chapter 7 of Title 12, known as the "Erosion and Sedimentation Act of 1975," so as to change the reference to an authority; to amend Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, and Title 50 of the Official Code of Georgia Annotated, relating to state govern ment, so as to change references to the State Tollway Authority; to provide for an effective date; to repeal conflicting laws; and for other purposes.

MONDAY, MARCH 8, 1993

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 32 of the Official Code of Georgia Annotated, known as the "Georgia Code of Public Transportation," is amended by striking Code Section 32-1-8, relating to the construction and maintenance of private roads, and inserting in lieu thereof a new Code Section 32-1-8 to read as follows:
"32-1-8. It shall be unlawful for any official, officer, or employee of the department, the State Tollway Authority Georgia Transportation Authority, the Georgia Highway Authority, or any similar authority or of any county or municipality to authorize the construction or maintenance of any private road."
Section 2. Said title is further amended by striking paragraph (5) of subsection (a) of Code Section 32-2-2, relating to the powers and duties of the Department of Transportation generally, and inserting in lieu thereof a new paragraph (5) to read as follows:
"(5) The department shall have the authority to negotiate, let, and enter into contracts with the Georgia Highway Authority, the 8tatc Tollway Authority Georgia Transportation Authority, any person, any state agency, or any county or municipality of the state for the construction or maintenance of any public road or any other mode of transportation or for the benefit of or pertaining to the department or its employees in such manner and subject to such express limitations as may be provided by law;".
Section 3. Said title is further amended by striking subsection (a) of Code Section 32-275, relating to contract clauses for retainage of amounts constituting a percentage of gross value of completed work and time of final payment of retained amounts to contractors, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) As used in this Code section and Code Sections 32-2-76 and 32-2-77, the term:
(1) 'Engineer' means the state highway engineer or the engineer designated by the Georgia Highway Authority or the State Tollway Authority Georgia Transportation Authority.
(2) 'Escrow account' means the certificates of deposit issued by a state or national bank in Georgia and any uninvested cash held in escrow.
(3) 'State' means the Department of Transportation, the Georgia Highway Authority, or the State Tollway Authority Georgia Transportation Authority.
(4) 'Treasurer' means the treasurer of the Department of Transportation, the treasurer of the Georgia Highway Authority, or the treasurer of the State Tollway Authority Georgia Transportation Authority.
Section 4. Said title is further amended by striking paragraphs (2),m (5), and (9) of Code Section 32-10-60 relating to the definitions relating to the State Tollway Authority, and inserting in lieu thereof new paragraphs (2), (5), (9), and (10) to read as follows:
"(2) 'Authority' means the State Tollway Authority created by the 'State Tollway Au thority Act,' Ga. L. 1063, Jan. Feb. Scsa., p. 302, aa amended particularly by Ga. L. 1072, p. W9 Georgia Transportation Authority created pursuant to this article."
"(5) 'Project' means rail passenger facilities or a system of rail passenger facilities or one or more roads, bridges^ or tunnels or a system of roads, bridges, and tunnels with access limited or unlimited as determined by the authority and such buildings, structures, parking areas, appurtenances, and facilities related thereto, including but not limited to stations, control centers, terminals, trackage, utilities, travel plazas, approaches, cross streets, roads, bridges, tunnels, and avenues of access for such system."
"(9) 'Toll' means the fee charged for a single use of all or a portion of a project.
{9} (10) 'Utility' means any publicly, privately, or cooperatively owned line, facility, or system for producing, transmitting, transporting, or distributing communications, power, electricity, light, heat, gas, oil products, passengers, water, steam, clay, waste, storm water not connected with highway drainage, and other similar services and commodities, including

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publicly owned fire and police, and traffic signals and street lighting systems, which directly or indirectly serve the public. This term also means a person, municipal corporation, county, state agency, or public authority which owns or manages a utility as defined in this paragraph."
Section 5. Said title is further amended by striking Code Section 32-10-61, relating to the continuation of the authority, and inserting in lieu thereof a new Code Section 32-10-61 to read as follows:
"32-10-61. The State Tollway Authority Georgia Transportation Authority shall con tinue to be a body corporate and politic and an instrumentality and public corporation of the state known as the State Tollway Authority 'Georgia Transportation Authority.' It shall have perpetual existence. In said name it may contract and be contracted with, sue and be sued, implead and be impleaded, and complain and defend in all courts of this state, subject to the limitations of Code Section 32-10-110."
Section 6. Said title is further amended by striking subsection (a) of Code Section 3210-62, relating to the membership, compensation, officers, bylaws, quorum, and record of proceedings of the State Tollway Authority, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) The members of the authority shall be ex officio the Governor, the commissioner of transportation, the Lieutenant Governor, and the director of the Office of Planning and Budget; and membership shall be a separate and distinct duty for which they shall receive no additional compensation. All members of the authority shall be entitled to all actual expenses necessarily incurred while in the performance of duties on behalf of the authority. The authority shall elect one of its members as chairman. It shall also elect a secretary and a treasurer, who need not necessarily be members of the authority. The authority may make such bylaws for its government as is deemed necessary but it is under no duty to do so. A majority of the members of the authority shall constitute a quorum necessary for the trans action of business, and a majority vote of those present at any meeting at which there is a quorum shall be sufficient to do and perform any action permitted to the authority by this article."
Section 7. Said title is further amended by striking Code Section 32-10-65.1, relating to expiration of tolls, and inserting in lieu thereof a new Code Section 32-10-65.1 to read as follows:
"32-10-65.1. Every toll established under this article must expire after a specified period of time and may be extended beyond said time by approval of the State Tollway Authority authority."
Section 8. Said article is further amended by striking Code Section 32-10-108, relating to the transfer of projects to the state highway system free from tolls, in its entirety and inserting in lieu thereof a new Code Section 32-10-108 to read as follows:
"32-10-108. Upon payment in full of all bonds, interest coupons, and obligations of every nature whatsoever for the payment of which the revenues of any given project or projects have been pledged, in whole or in part, either originally or subsequently, either primarily or secondarily, directly or indirectly or otherwise, or upon the setting aside in trust, for the benefit of bondholders or other obligees, of a sufficient amount for the pay ment of all such bonds and other obligations and the interest thereon to the maturity thereof, such project or projects, if deemed by the department to be in a safe and satisfac tory condition of repair and traffic capacity, shall become part of the state highway system and thereafter shall be maintained by the department free of tolls; provided, however, that the authority and the department may allow such project or projects"to continue to be oper ated by the authority and the authority may continue to collect tolls where the public inter est would be served by such operation. In the event such project or projects are not in good condition, in the judgment of the department, the department shall be charged with the duty of immediately advising the authority in writing what will be necessary to accomplish

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such safe and satisfactory condition of repair and traffic capacity; and the authority thereaf ter shall apply sufficient revenue from such project or projects to the accomplishment of such safe condition of repair and traffic capacity; and, upon its accomplishment, such pro ject or projects shall become toll free as provided in this Code section. Upon the fulfillment of all conditions necessary to the cessation of tolls upon any given project, the authority shall convey by deed all right, title, and interest in and to such project to the department for and in consideration of $1.00, which the treasurer of the department is authorized to pay from any department funds available to him or her for any department expenditure."
Section 9. Said title is further amended by adding a new Part 3 of Article 2 of Chapter 10 to read as follows:
"Part 3
32-10-120. The General Assembly finds that there is a compelling public need for the rapid construction of safe and efficient highways and rail passenger facilities for the purpose of travel within the state and that it is in the public interest to encourage construction and operation of additional, safe, convenient, and economic transportation facilities by private parties, provided that adequate safeguards are provided against default in the construction and operation obligations of the operators of such transportation facilities. The public inter est shall include without limitation the relative speed of construction of the transportation facility and the relative cost efficiency of private operation of the transportation facility.
32-10-121. As used in this part, the term:
(1) 'Authority' means the Georgia Transportation Authority created pursuant to this article.
(2) 'Department' means the Georgia Department of Transportation.
(3) 'Operation' means all functions and pursuits of the operator of any transportation facility under this part which are directly or indirectly related to acquisition, approval, con struction, design, enlargement, financing, improvement, maintenance, patrolling, studying, toll collections, or connections of a transportation facility with any other highway or with any street, road, or alley or with any other rail line or rail facility. This term shall also include, without limitation, management and administrative functions attendant to actual physical operation of the transportation facility and management of the affairs of the operator.
(4) 'Operator' means the person who submits to the authority an application to operate a transportation facility and which, after issuance of a certificate of authority, is responsible for all or any part of the operation of any transportation facility under the provisions of this part.
(5) 'Person' includes any natural person, corporation, partnership, joint venture, and any other business entity; however, 'person' shall not include the state or any local govern ment or agency thereof or any municipal corporation or other public corporate body.
(6) 'Transportation facility' means a project, as project is defined in paragraph (5) of Code Section 32-10-60, which is operated by an operator so authorized pursuant to this part.
32-10-122. (a) Subject to the provisions of this part, the authority shall be authorized to make such contracts or leases through requests for proposals and negotiation for the opera tion of any transportation facility that is financed in whole or in part by any person.
(b) Such contracts or leases shall contain such terms and conditions as the authority shall deem necessary or desirable to expedite the operation of the transportation facility and shall provide for the responsibility of the authority, in conjunction with the department, for the approval of all plans for all aspects of the operation of the transportation facility and the requirements for competitive bid compliance; provided, however, that the responsibility for compliance with all applicable requirements of state and federal law shall be set forth within such contracts or leases.

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32-10-123. No person may operate any transportation facility without first having ap plied for and obtained a written certificate of authority for such operation granted by the authority and having executed a comprehensive agreement with the authority pursuant to this part. The authority may charge a reasonable fee to cover the costs of processing, review ing, and approving or denying the application. The application for a certificate of authority shall contain at a minimum the following material and information:
(1) The geographic area to be served by the transportation facility and a topographic map indicating the route or location of such transportation facility;
(2) A list of all property owners through whose property the transportation facility will pass or whose property will abut the transportation facility;
(3) The method by which the operator will secure the rights of way required for the transportation facility, including a description of the nature of the interest in the lands to be acquired which shall provide, at a minimum, for permanent dedication for public trans portation purposes;
(4) The comprehensive transportation plan or plans for all affected regional planning agencies through which the transportation facility will pass and an analysis showing that the transportation facility does not impede the comprehensive plans. To the extent that the transportation facility conforms to such plans, the fact that the operator is not the authority shall not affect the operation of the transportation facility;
(5) The operator's plan for financing the proposed operation of a transportation facility, including proposed tolls to be charged for the use of the transportation facility, projected amounts to be collected from such tolls, and anticipated traffic volume and detailed plans for distribution of funds, including the priority in which necessary expenditures will be made. The plan for financing may be structured to include, without limitation, provisions for the issuance of debt, equity, or other securities; lease financing; the pledge of revenues or other assets or rights of the operator; or any combination thereof;
(6) The operator's plans for operation of the proposed transportation facility or enlarge ment thereof;
(7) A list of all permits and approvals required for operation of the transportation facil ity from local, state, or federal agencies and a schedule for securing such approvals;
(8) An overall description of the transportation facility, its design, and all proposed interconnections with any existing rail system; the state highway system, including any in terstate highway or secondary system of highways; the streets or roads of the authority; or any county or municipality not within the state highway system, accompanied by a copy of the approval of the transportation facility, the transportation facility design, and any inter connections from the affected entities, including the department, county, municipal, and rail service providers;
(9) A list of public utility facilities to be crossed and plans for such crossing or reloca tions of such facilities;
(10) A certification of the operator that the transportation facility will be designed and constructed to meet department standards and specifications and will be completed sub stantially in accordance with a proposed timetable which is agreeable to the authority; that the operator will provide a design, review, and inspection agreement with the authority which shall provide that the authority shall authorize construction upon review and ap proval of the plans and specifications for the transportation facility and its interconnection with other rail lines or roads; and that the authority shall inspect periodically the progress of the construction work to ensure its compliance with department standards and specifications;
(11) A certification of the operator that all construction or maintenance work performed on the transportation facility shall be competitively bid, awarded, and administered in sub stantial conformance with all laws, regulations, and procedures then in effect as prescribed

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for contracts for construction or maintenance work let by the department; provided, how ever, that such certification shall include the recognition of the authority's right to ensure, to the maximum degree possible, the division of such construction or maintenance work into contract sizes to ensure full and open competitive bidding; and
(12) Evidence demonstrating the ability of the operator to secure payment and per formance bonds in form and amount satisfactory to the authority, which amounts shall be set after consultation with the department.
32-10-124. (a) Any person may apply to the authority for a certificate of authority to operate a transportation facility. If the authority shall determine in writing, after notice and opportunity for a public hearing, that the application is complete, approval of the applica tion is in the best interest of the public, and that the applicant has complied with the provi sions of this chapter, it may approve the application, with or without modifications. If the transportation facility is to be built partially or completely on existing state rights of way, the authority may grant the right of use to such rights of way only after approval of this use of the rights of way by the department.
(b) If approval of the application for a transportation facility is granted by the author ity, the authority may thereafter enter into a comprehensive agreement with the operator which provides, among other provisions determined by the authority, that the authority shall:
(1) Review and approve plans and specifications for the transportation facility in conformance with the laws and rules and regulations governing authority and department practices;
(2) Ensure that all construction or maintenance work performed on the transportation facility shall be competitively bid, awarded, and administered in substantial conformance with all laws, regulations, and procedures then in effect as prescribed for contracts for con struction or maintenance work let by the department. In so doing, the authority shall en sure, to the maximum degree possible, the division of such construction or maintenance work into contract sizes to ensure full and open competitive bidding;
(3) Review and approve construction of the transportation facility in accordance with the plans, specifications, and engineering standards of the department;
(4) Monitor the maintenance practices of the operator to ensure the performance of maintenance in accordance with authority and department standards;
(5) Ensure the operator's reimbursement of the authority for direct transportation facil ity costs for any services performed by the authority for the operator;
(6) Ensure the establishment by the operator of fund accounts which are available to meet the obligations of the operator, including reasonable reserves for contingencies and maintenance replacement activities; and
(7) Ensure that the operator has provided payment and performance bonds in form and amount required by the authority.
32-10-125. Upon the completion of construction and the opening of the transportation facility to the public, the transportation facility shall be kept at all times open for use by the public and made accessible to the public, upon payment of the published toll, provided that the transportation facility may be partially or completely closed, temporarily, with the concurrence of the authority, to protect the public safety or for reasonable construction or maintenance procedures.
32-10-126. (a) The authority shall have the power and be charged with the duties of reviewing and approving or denying the application, of supervising and controlling the oper ator in the performance of its duties under this article and under any comprehensive agree ment entered into with the operator, and of correcting any abuse in the performance of the operator's duties.
(b) The authority shall require from the operator a verified report describing the nature

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of its contractual and other relationships with individuals or entities contracting with the operator for the provision of significant financial, construction, or maintenance services. The authority shall review the report and such other materials as it shall deem necessary for the purpose of determining improper or excessive costs and shall exclude from the operator's costs any amount which it finds is improper or excessive. The authority shall also have the duty and responsibility to approve or revise the toll rates charged by the operator, provided that any toll revenues received by the operator in excess of the obligations incurred for the operation of the transportation facility, including a reasonable rate of return to the operator as determined by agreement with the authority, shall be remitted to the authority and may be utilized as provided in this article.
(c) The authority may charge a reasonable annual fee to cover the costs of supervision and controlling the operator in the performance of its duties under this part.
32-10-127. The operator shall have all powers allowed by law generally to persons hav ing the same form of organization as the operator, including but not limited to the right to operate a transportation facility and charge tolls for the use thereof. The operator may pledge any revenue net of operational expenses realized from tolls charged for the use of the transportation facility in order to secure repayment of any obligations incurred for the oper ation of such transportation facility. Any financing of the operation of the transportation facility may be in such amounts and upon such terms and conditions as may be deemed necessary or appropriate by the operator to provide for the operation of the transportation facility, issuance costs, other financing obligation, and reasonable reserves. The state shall not obligate its full faith and credit on any financing of the operator. Assumption of opera tion of the transportation facility shall not obligate the state to pay any obligation of the operator, whether secured or otherwise, from sources other than toll revenues.
32-10-128. Notwithstanding any requirements as may be set forth in the comprehensive agreement, the operator shall have the following duties:
(1) It shall file and maintain at all times with the authority an accurate schedule of tolls charged to the public for use of all or any portion of the transportation facility and it shall also file and maintain a statement that such tolls will apply uniformly to all users within any such reasonable classification as the operator may elect to implement. These tolls shall be neither applied nor collected in a discriminatory fashion;
(2) It shall contract for all construction or maintenance work performed on the trans portation facility only by competitive bid, award, and contract administration procedures which are in substantial conformance with all laws, regulations, and procedures then in ef fect for construction or maintenance work let by the department. In so doing, it shall at tempt, to the maximum degree possible, to achieve a division of such construction or main tenance work into contract sizes to ensure full and open competitive bidding;
(3) It shall construct and maintain the transportation facility in accordance with appro priate federal and state standards for the operation and maintenance and enlarge or expand the transportation facility when unsatisfied demand for use of the transportation facility makes it economically feasible to do so. The operator shall allow the department to inspect construction work at appropriate times during any construction or enlargement and shall cooperate fully with any interconnection with the transportation facility which the depart ment may make;
(4) It shall contract with the state Department of Public Safety for enforcement of the traffic and public safety laws by state authorities and may also contract with appropriate local authorities for the enforcement of traffic and public safety laws on the transportation facility within the local jurisdiction;
(5) It shall provide the authority, on an annual basis, a certified independent audit of all costs and revenues associated with each of the operator's transportation facilities. Such report shall also be provided to the Senate and House Committees on Transportation.
32-10-129. The power of eminent domain shall not be exercised by the operator for the purpose of acquiring any lands or estates or interests therein nor any other property used by

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the operator for the construction or enlargement of a transportation facility pursuant to this article, provided that the authority may exercise its power of eminent domain for the pur poses of acquiring any lands or estates or interests therein for the construction or enlarge ment of a transportation facility; provided, further, that title to all such lands, estates, or interests so acquired by the authority shall remain with the authority and shall be leased at fair market value to the operator.
32-10-130. Pursuant to the provisions of Title 23 of the United States Code and any other applicable federal law, the authority and the department are authorized to provide the operator of a transportation facility loans of the state's federal share, provided that such loan may be made only after all federal environmental and other requirements have been complied with and appropriate permits obtained and upon such terms as are set forth in Title 23 of the United States Code and any other applicable federal law.
32-10-131. Any operator who operates a transportation facility pursuant to this part shall secure and maintain a policy or policies of public liability insurance in form and amount satisfactory to the authority and sufficient to ensure coverage of tort liability to the public and employees and to enable the continued operation of the transportation facility. Proof of coverage and copies of policies shall be filed with the authority. Nothing in this part shall be construed as or deemed as a waiver of the sovereign immunity of the state with respect to its participation or approval of all or any part of the transportation facility appli cation or operation, including but not limited to interconnection of the transportation facil ity with the state highway system or rail system. Further, counties and municipalities in or through which the transportation facility is located shall possess sovereign immunity with respect to transportation facility operation.
32-10-132. In the event of material and continuing default in the performance of the operator's duties of failure of the operator to comply with the terms of the comprehensive agreement with the authority, in either case, after notice thereof and an opportunity to cure, or in the event that construction has not begun within two years of the issuance of a certifi cate of authority, after a hearing in which the applicant or operator has notice and opportu nity to participate, the authority may revoke the certificate of authority for the transporta tion facility, declare a default in the construction or operation of the transportation facility, and make or cause to be made the appropriate claim or claims under any payment or per formance bonds or take such other action as it may deem appropriate under the circum stances. The department may participate in or initiate such proceedings. In the case of revo cation of a certificate of authority, the applicant or operator shall thereafter be without any authority to construct or operate the transportation facility. The authority may take over operation of the transportation facility and may proceed thereafter to take any steps which are in the public interest, including completion of construction or additions to the transpor tation facility, closing the transportation facility, or any intermediate steps. The authority shall receive the full proceeds of any payments due to claims against the bonding companies or sureties for this purpose. In addition, in such event, the operator shall grant to the au thority all of its rights, title, and interest in the assets of the operator. Nothing in this Code section shall be construed to limit the authority's exercise of the power of eminent domain. In either event, the operator may obtain compensation from the authority for such assets, except that the authority shall first deduct from the value of such assets all of its costs incurred in connection with completion or fulfillment of the unperformed obligations of the operator including payment of any obligations assumed by the authority and any other costs associated with the events contemplated in this Code section. The authority shall take into account moneys received from proceeds of any payment or performance bond in calculating the amount due the operator.
32-10-133. (a) The transportation facilities operated under this part may be policed in whole or in part by officers of the Department of Public Safety, even though all or some portion of any such transportation facility may lie within the corporate limits of a munici pality or other political subdivision. All law enforcement officers of the state and of each county or municipality or other political subdivision of the state in which any transportation

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facility is located shall have the same powers and jurisdiction within the limits of the trans portation facility as they have beyond such limits and shall have access to the transporta tion facility at any time for the purpose of exercising such powers and jurisdiction. This authority does not extend to the private offices, buildings, garages, and other improvements of the operator to any greater degree than law enforcement power extends to any other private buildings and improvements.
(b) The traffic and motor vehicle laws of the state shall apply to persons and motor vehicles on transportation facility roadways, as shall Chapter 6 of this title, and the powers of arrest of law enforcement officers shall be the same as those applying to conduct on the state highway system. Punishment for offenses shall be as prescribed by law for conduct occurring on the state highway system."
Section 10. Code Section 12-7-17 of the Official Code of Georgia Annotated, relating to exemptions from Chapter 7 of Title 12, known as the "Erosion and Sedimentation Act of 1975," is amended by striking paragraph (8) and inserting in lieu thereof a new paragraph (8) to read as follows:
"(8) Construction or maintenance projects, or both, undertaken or financed in whole or in part, or both, by the Department of Transportation, the Georgia Highway Authority, or the Georgia Tollway Authority Georgia Transportation Authority; or any road construction or maintenance project, or both, undertaken by any county or municipality; or construction and maintenance, or either, by any water or sewerage authority established by the General Assembly of this state; provided, however, that:
(A) If such projects are constructed within 200 feet of the banks of any channels or drainageways which have water in them only during and immediately after rainfall events or intermittent streams which do not have water in them year round, then such projects shall conform to the specifications used by the Department of Transportation for control of soil erosion and sedimentation on its highway construction projects;
(B) If such projects are constructed within 200 feet of the banks of any state waters which do have water in them year round and in which the drainage area of the watershed upstream from such projects is less than three square miles, then such projects shall con form to the specifications used by the Department of Transportation for control of soil ero sion and sedimentation on its highway construction projects;
(C) If such projects are constructed within 200 feet of the banks of any state waters which do have water in them year round and in which the drainage area of the watershed upstream from such projects is equal to or more than three square miles, then such projects shall conform to the minimum standards set forth in Code Section 12-7-6; and
(D) If such projects are constructed within 100 feet (horizontal) of the banks of any state waters classified as 'trout streams' pursuant to Article 2 of Chapter 5 of this title, the 'Georgia Water Quality Control Act,' regardless of the size of the watershed area, then such projects shall conform to the minimum standards set forth in Code Section 12-7-6;".
Section 11. Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, is amended by striking Code Section 45-15-13, relating to the representation of state authorities by the Attorney General, and inserting in lieu thereof a new Code Sec tion 45-15-13 to read as follows:
"45-15-13. As used in Code Sections 45-15-14 through 45-15-16, the term 'state authori ties' means the following instrumentalities of the state: Georgia Building Authority, Georgia Building Authority (Hospital), Georgia Building Authority (Markets), Georgia Building Au thority (Penal), Georgia Education Authority (Schools), Georgia Education Authority (Uni versity), Georgia Highway Authority, Georgia Ports Authority, 8tate Tollway Authority Georgia Transportation Authority, Jekyll Island--State Park Authority, and Stone Mountain Memorial Association."
Section 12. Title 50 of the Official Code of Georgia Annotated, relating to state govern ment, is amended by striking paragraph (9) of Code Section 50-17-21, relating to definitions

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of terms used in the "Georgia State Financing and Investment Commission Act," and in serting in lieu thereof a new paragraph (9) to read as follows:
"(9) 'State authorities' means the following instrumentalities of the state: Georgia Building Authority, Georgia Building Authority (Hospital), Georgia Building Authority (Pe nal), Georgia Building Authority (Markets), Georgia Education Authority (Schools), Georgia Education Authority (University), Georgia Highway Authority, State Tollway Authority Georgia Transportation Authority, Georgia Ports Authority, Georgia Development Authority, Jekyll Island--State Park Authority, and Stone Mountain Memorial Association, North Georgia Mountains Authority, Lake Lanier Islands Development Authority, Groveland Lake Development Authority, Georgia Higher Education Assistance Authority, The Georgia Housing and Finance Authority, and other instrumentalities of the state created by the General Assembly and authorized to issue debt and not specifically exempt from this article."
Section 13. Said title is further amended by striking paragraph (2) of subsection (b) of Code Section 50-17-22, relating to the State Financing and Investment Commission, and inserting in lieu thereof a new paragraph (2) to read as follows:
"(2) There shall be a Construction Division of the commission administered by a direc tor who shall not be a member of the commission and who shall also serve as the executive secretary for the commission. The director and the staff of the Construction Division shall be appointed by and serve at the pleasure of the commission, shall provide administrative support for all personnel of the commission, and shall account for and keep all records per taining to the operation and administration of the commission and its staff. The director, as executive secretary, shall prepare agenda and keep minutes of all meetings of the commis sion. In construction and construction related matters, the Construction Division shall act in accordance with the policies, resolutions, and directives of the Georgia Education Authority (Schools) and the Georgia Education Authority (University) until such time as such policies, resolutions, or directives are changed or modified by the commission. In carrying out its responsibilities in connection with the application of any funds under its control, including the proceeds of any debt or any appropriation made directly to it for construction purposes, the commission is specifically authorized to acquire and construct projects for the benefit of any department or agency of the state or to contract with any such department or agency for the acquisition or construction of projects under policies, standards, and operating pro cedures to be established by the commission; provided, however, that the commission shall contract with the Department of Transportation or the Georgia Highway Authority or the State Tollway Authority Georgia Transportation Authority or any combination of the fore going for the supervision of and contracting for design, planning, building, rebuilding, con structing, reconstructing, surfacing, resurfacing, laying out, grading, repairing, improving, widening, straightening, operating, owning, maintaining, leasing, and managing any public roads and bridges for which general obligation debt has been authorized. The Construction Division also shall perform such construction related services for state agencies and instru mentalities as may be assigned to the commisison or to the Construction Division by execu tive order of the Governor."
Section 14. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 15. All laws and parts of laws in conflict with this Act are repealed.
Senator Slotin of the 39th offered the following amendment:
Amend the substitute to SB 328 offered by the Senate Committee on Transportation by adding in the title on line 11 of page 2 between the first semicolon and the word "to" the following:
"to revise the developmental highway system;".

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By adding between lines 2 and 3 on page 4 the following:

"Section 3A. Said title is further amended by striking subsection (a) of Code Section 32-4-22, relating to the creation of the developmental highway system, in its entirety and inserting in lieu thereof the following:

'(a) There is created as a part of the state highway system a system of public roads to be known as the Developmental Highway System which shall consist of the following road corridors (not in order of priority):

(1) Appalachian;

(2) Corridor Z;

(3) U.S. 27;

(4) U.S. 82;

(5) Golden Isles;

(6) Savannah River;

(7) U.S. 441;

(8) Fall Line;

(9) U.S. 319;

(10) U.S. 19;

(11) U.S. 84;

(12) U.S. 1/SR 17;

(13) SR 72; and

(14) Outer Perimeter; and

(14) Truck access routes.

Said system is further identified as being those roads and corridors referred to as "the Gov ernor's Road Improvement Program" in that resolution adopted by the State Transporta tion Board dated November 17, 1988.' "

On the adoption of the amendment offered by Senator Slotin of the 39th, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Blitch Boshears Cheeks Dawkins
Edge

Egan Garner Harbison Langford of 35th
Oliver

Parrish slotin
Thomas Turner

Those voting in the negative were Senators:

Balfour
Baugh Bowen Broun of 46th BP,urton
Coleman
Crotts Day
Dean

Farrow
Gillis Glanton Gochenour H,, emmer
Hil1
Hooks Huggins
Isakson

Kemp
Langford of 29th Madden Marable ,NTew,bi.l,,l
Perdue
Pollard Ragan of llth
Ragan of 32nd

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1111

Ralston Ray

Taylor Thompson

Tysinger Walker

Those not voting were Senators:

Abernathy Alien Brown of 26th

Henson Middleton Robinson

Scott Starr

On the adoption of the amendment, the yeas were 14, nays 34, and the amendment was lost.

On the adoption of the substitute, the yeas were 44, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Balfour Baugh Blitch Boshears Bowen Broun of 46th Brown of 26th urtn
Cfay Coleman
Crotts D av Dean Edge Farrow Garner

Gillis Glanton Gochenour Harbison Hemmer Henson ffin Hooks
Huggins Isakson
KemP Langford of 35th Langford of 29th Madden Marable Middleton

Newbill Oliver Parrish Perdue Pollard Ragan of llth Ragan of 32nd Ralston
Ray Robinson
Scott Taylor Thomas Thompson Turner Tysinger

Those voting in the negative were Senators:

Dawkins

Egan

Slotin

Those not voting were Senators:

Abernathy Alien

Starr

Walker

On the passage of the bill, the yeas were 49, nays 3.

The bill, having received the requisite constitutional majority, was passed by substitute.

SB 226. By Senators Taylor of the 12th, Henson of the 55th and Brown of the 26th:
A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to the regulation of insurance, so as to provide a short title; to provide for intent; to authorize the Commissioner of Insurance to develop a Georgia Reform Insurance Plan (GRIP); to provide for features of such plan; to provide for definitions; to

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provide requirements for health insurance policies; to provide for the calculation of premium rates.
The Senate Committee on Insurance and Labor offered the following substitute to SB 226:
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 a short title; to provide for intent; to authorize the development and establishment of a Georgia Reform Insurance Plan (GRIP); to provide for features of such plan; to provide for definitions; to provide requirements for health insurance policies; to provide for the calculation of premium rates; to provide restric tions relative to administrators; to provide standards for the issuance of stop loss, cata strophic, or reinsurance coverage; to provide standards for preexisting condition provisions; to provide for the modification of certain health insurance contracts; to provide for equal access to health plans; to provide for eligibility; to impose certain requirements on health insurers; to provide for the utilization of managed care programs; to provide conditions for the termination of coverage; to provide for portability requirements; to provide for continu ation rights; to require certain policy provisions; to provide for exemptions; to authorize rules and regulations; to provide for applicability; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 33 of the Official Code of Georgia Annotated, relating to the regulation of insurance, is amended by adding a new chapter, to be designated Chapter 53, to read as follows:
"CHAPTER 53
33-53-1. This chapter shall be known and may be cited as the 'Georgia Reform Insur ance Plan (GRIP).'
33-53-2. It is the intent of this chapter to establish a Georgia Reform Insurance Plan for health insurance which will increase the availability of affordable health insurance; require managed care with cost containment features; require access to health care services through guaranteed issue insurance; create state-wide or service area insurance pools to reduce insur ance administrative costs; and require rating methods that serve the broadest cross-section of the general community.
33-53-3. As used in this chapter, the term:
(1) 'Balance billing; means the practice of charging full fees in excess of reimbursable amounts, then billing the patient for that portion of the bill the policy does not cover.
(2) 'Community rating' means a rating methodology in which the premium for the same coverage varies only by geographic regions or for individuals as opposed to family units.
(3) 'Emergency' means a situation wherein, according to competent medical judgment, a medical condition manifested by symptoms of such severity that a delay in treatment could reasonably be expected to result in:
(A) Placing the patient's health in jeopardy;
(B) Impairment to bodily faculties or functions; or
(C) Dysfunction of any bodily organ or part.
(4) 'Georgia Reform Insurance Plan (GRIP)' means a plan that is designed to reduce costs by applying the law of large numbers through the use of state-wide or service area pools to spread the risks insured by each insurer and to further reduce costs through the use of managed care and cost controls.

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(5) 'Group' means a combination of two or more individuals insured under any hospital or medical insurance coverage plan authorized by this chapter.
(6) 'Guaranteed renewable' means the right of the insured to continue the coverage in force by the timely payment of premiums.
(7) 'Insurer' means a health insurance entity licensed or registered under Chapter 3, 14, 15, 18, 19, 20, 21, 40, or 41 of this title, or an entity that would be licensed or registered under such chapters if such entity were doing business in this state, and any other health insurance risk-bearing entity.
(8) 'Managed care' means a system which provides an evolving response to changes in medical practice and the needs of consumers and payers and which integrates the financing and delivery of appropriate health care services to covered individuals and utilizes preferred or participating providers, offering financial incentives for members to use providers and procedures covered by the managed care plan.
(9) 'Participating or preferred providers' means those providers who have contractually agreed to participate under the terms of the GRIP, including the acceptance of the level of payments under the qualified insurer's benefits plans.
(10) 'Policy' means a policy as defined in paragraph (1) of Code Section 33-24-1.
(11) 'Portability' means a provision in each GRIP policy and certificate that provides access to continuing coverage if an insured changes employers, changes policies, changes insurers, or enters or leaves the job market, without any void in the GRIP coverage.
(12) 'Preexisting condition' means the existence of symptoms which would cause an ordinarily prudent person to seek medical advice, diagnosis, care, or treatment or for which medical advice, diagnosis, care, or treatment was recommended by or received from a pro vider of medical services within a specified period of time up to 12 months preceding the effective date of coverage of an insured person; provided, however, for individual or family coverage, such specified period of time may be up to 36 months for persons becoming resi dents of Georgia after May 1, 1993.
(13) 'Resident' means a natural person who:
(A) Has his or her principal place of residence in Georgia and has for a period of at least one year held a valid Georgia driver's license or has been registered as a voter in Geor gia; or
(B) Was a bona fide resident of Georgia on May 1, 1993.
33-53-4. (a) (1) No individual health insurance policy and no group health insurance policy providing hospital or medical benefits shall be issued in this state unless such policy is community rated, complies with all the requirements of this chapter, is guaranteed renew able, and, notwithstanding any other provisions of law, the underwriting of such policy in volves no more than the imposition of a preexisting condition limitation as permitted by this chapter.
(2) Any individual and dependents of such individual and any group, including all em ployees or group members and dependents of employees or members, applying for individ ual health insurance coverage or group health insurance coverage must be accepted at all times throughout the year for any hospital or medical coverage offered by the insurer to individuals or groups in this state.
(3) Once accepted for coverage, an individual or group cannot be terminated by the insurer due to claims experience.
(b) Group hospital or medical coverage obtained through an out-of-state trust covering persons who are residents of this state must be community rated regardless of the situs of delivery of the policy. Notwithstanding any other provisions of law, the underwriting of such policy may involve no more than the imposition of a preexisting condition limitation as

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permitted by this chapter, and once accepted for coverage, an individual or group cannot be terminated due to claims experience.
(c) Nothing in this Code section shall prohibit the use of premium rate structures to establish different premium rates for individuals as opposed to family units.
(d) The Commissioner shall permit the use of separate community rates for reasonable geographic regions. The regions shall be approved by the Commissioner as part of the rate riling. The Commissioner shall not require the inclusion of any specific geographic regions within the proposed community rated regions selected by the insurer in its rate filing so long as the insurer's proposed regions do not contain configurations designed to avoid or segre gate particular areas within an area covered by the insurer's community rates; provided, however, a separate community rate may not be established for areas that have substan tially similar costs and availability of health services.
(e) (1) Notwithstanding any other provision of the chapter to the contrary, no policy form subject to this Code section shall be issued or delivered, nor any insurance contract entered into, unless and until the insurer has filed with the Commissioner a schedule of premiums, not to exceed 12 months in duration, to be paid under the policy forms.
(2) Such schedule of premiums and all subsequent premium filings shall be filed with the Commissioner at least 90 days prior to the requested effective date of such premiums.
(3) Unless the Commissioner disapproves such premium filing, the filing shall become effective on the requested effective date.
(4) A premium filing may not become effective after disapproval of such filing until:
(A) The Commissioner rescinds such disapproval;
(B) The Commissioner, after a hearing on the matter, issues a ruling that such premium filing shall be allowed to come effective; or
(C) A final order of a court of competent jurisdiction provides for such filing to become effective.
(5) The Commissioner shall disapprove any premium filing if he or she determines that such filing will result in premium charges that are excessive, inadequate, or unfairly discriminatory.
(6) The Commissioner may consider the financial condition of the insurer in reviewing premium filings.
(f) Nothing in this chapter shall prohibit the Commissioner from examining an insurer's use of any premium, rate, rating system, or rating plan at any time.
(g) In case of disapproval of a premium filing or upon withdrawal of such approval, the insurer shall have the right to request a hearing in accordance with Chapter 2 of this title.
(h) This Code section shall also apply to policies issued:
(1) To an employer or group of employers or a trustee or trustees of a fund or funds established by such employers or to a multiple employer self-insured health plan as defined in Code Section 33-50-1;
(2) To an association or a fund or the trustee or trustees of a fund participated in by members of an association;
(3) To a labor union or unions or a trustee or trustees of a fund established for such unions' members;
(4) To a creditor or vendor, including the parent holding company of such creditor or vendor, or the trustee or trustees or agent insuring a group of debtors or vendees;
(5) To the State of Georgia or its political subdivisions; or
(6) To any combination of the foregoing or to any other group or entity providing

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health insurance coverages or benefits to members, employees, subscribers, debtors, or vend ees by whatever name called.
(1) (1) Notwithstanding any other provision of this chapter, no insurer, subsidiary or affiliate of an insurer, or controlled or controlling person in an insurance holding company system may act as an administrator or claims-paying agent for or on behalf of groups that, had they purchased insurance, would be subject to this chapter, unless such groups are mak ing coverage available by utilizing community rating and underwriting restrictions that would be in compliance with this chapter; provided, however, that such groups shall not include self-insured groups operating under the provisions of the federal Employee Retire ment Income Security Act of 1974.
(2) No insurer, subsidiary or affiliate of an insurer, or controlled or controlling person in an insurance holding company system may provide stop loss, catastrophic, or reinsurance coverage by whatever name called to any group or individual unless such coverage:
(A) Is written on an incurred loss basis;
(B) Is priced using the principles of community rating;
(C) Is offered on a guaranteed issue basis; and
(D) Is guaranteed renewable.
(3) Paragraphs (1) and (2) of this subsection shall not apply to the employee health plan of the State of Georgia.
33-53-5. (a) Every individual health insurance policy and every group health insurance policy issued, issued for delivery, or delivered in this state which includes a preexisting con dition provision shall contain in substance the following provision or provisions:
(1) In determining whether a preexisting condition provision applies to an eligible per son, the group policy or individual policy shall credit the time the person was previously covered under a previous health insurance plan or policy or employer provided health bene fit arrangement if the previous coverage was continuous to a date not more than 60 days prior to the effective date of the new coverage. Any waiting period prior to that previous coverage's becoming effective shall also be credited pursuant to this paragraph;
(2) For persons who are residents of Georgia as of May 1, 1993, no preexisting condition provision shall exclude coverage for a period in excess of 12 months following the effective date of coverage for the covered person and may only relate to conditions manifesting them selves in symptoms which would cause an ordinarily prudent person to seek medical advice, diagnosis, care, or treatment or for which medical advice, diagnosis, care, or treatment was recommended or received during a specified period of time up to 12 months immediately preceding the effective date of coverage or as to a pregnancy existing on the effective date of coverage; and
(3) For persons who become residents of Georgia after May 1, 1993, and who purchase individual or family coverage under the provisions of this chapter, such preexisting condi tion provision specified in paragraph (2) of this subsection shall exclude coverage for a pe riod not to exceed 36 months.
(b) In applying a preexisting condition provision to an eligible person, the group health insurance policy or individual health insurance policy shall credit the time the person was covered under previous health insurance plans or policies or employer provided health bene fit arrangements, whether insured or self-insured, if the previous coverage was continuous to a date not more than 60 days prior to the effective date of the new coverage. The credit shall apply when the benefits provided by the previous plans or policies are substantially similar, to the policy under which the credit is to be applied. If the benefits are not substan tially similar the credit shall apply to the extent of the prior coverage.
33-53-6. (a) For insurance contracts issued prior to July 1, 1993, which by their terms can be modified, such contracts must be modified on the next annual anniversary date to

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include the policy contract provisions required under Code Sections 33-53-4, 33-53-5, 33-5311, 33-53-12, and 33-53-13 and subsection (b) of Code Section 33-53-9.
(b) All insurance contracts issued prior to April 1, 1994, must:
(1) Be rated beginning with the next annual anniversary date based on community rat ing, with rates deviating from policies first issued in accordance with this chapter only to the extent of actuarially supported differences in coverage;
(2) Not be terminated due to claims experience; and
(3) Accept no new policyholders, enrollees, or insureds by whatever name called after March 31, 1994.
33-53-7. (a) All eligible employees or members of a group must have equal access to health plans offered by the employer or group.
(b) No individual or group of individuals may be excluded by reasons of health under writing requirements, health status, or past health claims incurred.
(c) No individual or group of individuals may be excluded because of age, sex, geo graphic area, income, occupation, lifestyle, or marital status.
33-53-8. (a) All eligible persons must have equal access to health plans offered by an insurer or group of insurers.
(b) No individual or group of individuals may be excluded by reasons of health under writing requirements, health status, or past health claims incurred.
(c) No individual or group of individuals may be excluded because of age, sex, geo graphic area, income, occupation, lifestyle, or marital status.
33-53-9. (a) In addition to all other qualifications specified in this title, each insurer must:
(1) Execute directly or through a third party contractual agreements with providers:
(A) To participate in the plan at the predetermined provider discounted charges;
(B) Which contain provisions prohibiting the payment or acceptance of referral fees for recommendations to other physicians, specific hospitals, or other medical care facilities; and
(C) Which allow review of provider referrals to any entity in which such provider has a financial interest;
(2) Be capable of:
(A) Implementing uniform electronic billing and data collection systems;
(B) Participating in a centralized data collection system;
(C) Identifying and eliminating excess charges due to methods of billing for health ser vices; and
(D) Monitoring current and emerging health care practices relating to cost-effective means of providing health care services;
(3) Work with medical providers to contain medical costs and improve the efficiency of delivery of medical service;
(4) Enter into contractual agreements with other qualified insurers for the purpose of obtaining any type of medical care, services, and supplies, at reduced cost;
(5) Demonstrate the continuing ability to properly service policyholders, certificate holders, and health care providers; and
(6) Offer at least three health insurance plans, including a low-cost plan, a mid-range priced plan, and a major medical plan in addition to the Georgia Basic Health Insurance Plan. In addition to these plans, each insurer may offer up to six additional plans; provided,

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however, that all plans offered must be the same or substantially similar to plans offered by other insurers.
(b) The Georgia Reform Insurance Plan provided by insurers shall utilize managed care programs featuring provider discounts, including, but not limited to, health maintenance organization plans, preferred provider arrangements, or other participating plans approved by the Commissioner of Insurance.
(c) Participating providers shall not balance bill enrollees in the plan for charges which exceed the agreed provider discounted charges under the plan.
(d) Balance billing, or direct billing by providers, is permitted to the extent of any deductible, coinsurance, or copayment amounts where such amounts are calculated with ref erence to agreed provider discounted charges only. Balance billing or direct billing by prov iders is also permitted for uncovered, ineligible, or nonreimbursable charges.
(e) Any provider that agrees to accept the plan's reimbursement levels may participate as a preferred provider. A qualified insurer shall have the authority to terminate any pro vider who violates any of the terms of the agreement.
(f) GRIP insurers shall incur no liability for the sharing of GRIP information and sta tistics which include no confidential patient medical information from their data informa tion systems with other insurers or the furnishing of such information and statistics to the Commissioner of Insurance.
33-53-10. Policies may provide for termination of coverage when the covered individual becomes eligible for medicare, but not sooner than age 65; provided, however, that a spouse or dependent of such covered individual must have the right to purchase coverage for his or her own benefit.
33-53-11. (a) GRIP group policies shall provide for portability of the group coverage to any individual whose employment is terminating and who is a resident of Georgia, regard less of the reason for termination of employment. If coverage of the spouse ceases in the event of the death of the insured or a valid decree of divorce between the insured parties, the surviving or divorced spouse shall be entitled to continue the group coverage at the appropriate premium.
(b) If a GRIP group policy is terminated for any reason, all insured employees, mem bers, or enrollees and their covered dependents shall have the right to purchase an individ ual GRIP policy from the group insurer subject to the residency requirements under subsec tion (a) of this Code section. The individual policy shall provide benefits identical to or substantially similar to those provided under the terminated group policy unless the insured requests a lesser benefit plan due to cost considerations. Continuation and conversion rights in accordance with Code Section 33-24-21.1 shall be available for terminating individuals who are not residents of Georgia or covered dependents of nonresidents of Georgia.
(c) In order to provide for continuous coverage under the GRIP, total portability must be provided in accordance with procedures established by the Commissioner of Insurance through the promulgation of rules and regulation.
(d) Portability of coverage extends to a GRIP insured who received medical care outside of this state. Payment under the policy shall be provided as though such care was rendered in Georgia.
33-53-12. An insurer shall provide in the group policy, contract, and certificate written notice of the right to continuation of benefits coverage and shall notify the employer or policyholder and the remitting agent, if any, at the time of commencement of coverage of the importance of the notification of the continuation benefit to each covered employee or member and the spouse of the employee or member, all as prescribed by the Commissioner of Insurance by rule or regulation.

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33-53-13. Each policy, contract, and certificate written shall contain the following provisions:
(1) A procedure for preauthorization by the insurer or its designee of a hospital admis sion or an extension of a hospital confinement, except for services necessary to treat a medi cal emergency; and
(2) A provision under which any insured who obtains nonemergency medical services from a nonpreferred or nonparticipating provider shall receive reimbursement only in the amount that would have been received had services been rendered by a preferred or partici pating provider, less a differential, if any, calculated in accordance with the provisions of subsection (b) of Code Section 33-30-23.
33-53-14. The Commissioner of Insurance shall by rule and regulation provide for a redistribution of risk or the costs associated therewith among all health insurers on the basis of actuarial evaluation of the loss potential inherent in the demographics of each insurer's insured persons.
33-53-15. The provisions of this chapter shall not apply to policies issued in accordance with Chapter 31 of this title, disability income policies, policies issued in accordance with Code Section 34-9-14 or 34-9-122.1, or to limited accident and sickness insurance policies such as hospital indemnity policies, specified disease policies, dental policies or plans, lim ited accident policies, Medicare supplement policies, or other similar limited policies.
33-53-16. Persons eligible for coverage under GRIP shall be only Georgia residents and their spouses and dependents, and individuals eligible for group policies where such group contract is issued in this state and the spouses and dependents of such individuals.
33-53-17. (a) Insurers offering group insurance under this chapter must provide on re quest of any member of the insured group, on an individual or family basis, a policy provid ing the difference between the group policy benefits and any policy providing higher benefits which such insurer has on file with the Commissioner.
(b) Except as provided in subsection (a) of this Code section, no insurer shall be re quired to provide individual or family coverage to a person eligible for insurance under a group policy written in accordance with this chapter.
33-53-18. (a) This chapter does not apply to insurance arrangements or union trusts established pursuant to the federal Taft-Hartley Act.
(b) This chapter does not apply to employee benefit plans established in accordance with the federal Employees Retirement Income Security Act of 1974.
33-53-19. This chapter shall apply to policies and contracts of insurance written, effec tive, or renewed on or after April 1, 1994.
33-53-20. (a) Insurers offering group insurance under this chapter must also offer the same coverages on individual and family insurance policies or contracts.
(b) Insurers offering individual and family insurance under this chapter shall not be required to offer group insurance.
33-53-21. On or before October 1, 1993, the Commissioner of Insurance shall adopt rules and regulations to implement and enforce the provisions of this chapter and to provide for transition procedures.
33-53-22. Notwithstanding any other provision of this chapter to the contrary, every individual health insurance policy and every group health insurance policy issued, issued for delivery, or delivered in this state pursuant to this chapter shall contain provisions for the arbitration of any disputes concerning the applicability of the medical appropriateness of the coverages or benefits of such policy; and every participating provider agreement and every solicitation for participating providers pursuant to this chapter shall contain provision for arbitration of any disputes concerning the qualification of any provider to serve as a

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participating provider and any other terms of the contract between the participating pro vider and the insurer. Such arbitration shall require the appointment of three arbitrators, one selected by each side to the dispute and a third selected by such selected arbitrators, with each side bearing the cost of its appointed arbitrator and one-half of the cost of the third arbitrator. All arbitrators shall be licensed practitioners of the particular healing art involved in the dispute if such dispute relates to the quality or appropriateness of services or supplies provided or to the qualification of the provider to serve as a participating pro vider. Except as specifically described in this Code section, any arbitration required by this Code section shall be conducted in accordance with the provisions of Part 1 of Article 1 of Chapter 9 of Title 9, the 'Georgia Arbitration Code,' and without regard to the exception contained in paragraph (3) of subsection (c) of Code Section 9-9-2. Nothing in this Code section shall be construed so as to diminish the existing powers and authority of the Com missioner of Insurance."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 46, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the 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:

Abernathy Alien Balfour Baugh Boshears Bowen Brown of 26th Burton Cheeks Clay Coleman Crotts Dawkins Day Dean Edge

Egan Farrow Garner Gillis Harbison Hemmer Henson Hill Hooks Huggins Isakson Kemp Langford of 35th Madden Marable Middleton

Oliver Parrish Pollard Ragan of llth Ragan of 32nd Ralston Ray Robinson Scott Slotin Starr Taylor Thomas Thompson Turner Walker

Those voting in the negative were Senators:

Blitch Broun of 46th Glanton

Gochenour Langford of 29th Newbill

Perdue Tysinger

On the passage of the bill, the yeas were 48, nays 8.

The bill, having received the requisite constitutional majority, was passed by substitute.

Senator Langford of the 29th, pursuant to Senate Rule 177, explained his vote on SB 226 as follows:
"SB 226 (GRIP) is the most all-encompassing health care legislation in the history of our State. The press was silent on the issue until the day it arrived on the Senate floor for

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debate and although every person addressing the issue admitted there were significant problems with the measure, the bill passed by a wide margin. I am dismayed at the obvious lack of knowledge about the plan and the obvious refusal by the Senate to face facts and the ever present "next election" syndrome that again prevailed. This bill was passed based on the fact that most Senators were afraid not to vote for "health care reform", even though it was a negative reform step and will punish many people unjustly.
If enacted, the GRIP law will produce a private health insurance market that will pick up all the uninsurable indigent care cases in Georgia because of the "guaranteed issue" and "community rating" aspects of the plan. This will let % of all Georgians off the hook for this responsibility since they are covered by federally protected ERISA self-insured plans. One third of the people will be carrying 100% of the indigent load.
Health care in America has become an "entitlement". When this happens someone has to foot the bill for those entitled. GRIP is a great example of the responsibility "flight" that takes place when this phenomenon occurs. GRIP lets government and big business off the hook and puts the load on the unsuspecting young of Georgia."

The President announced that the Senate would stand in recess from 12:51 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 Senate, favorably reported by the committee, were read the third time and put upon their passage:

SB 256. By Senator Henson of the 55th:
A bill to amend Code Section 53-3-6 of the Official Code of Georgia Annotated, relating to procedure when a will is lost or destroyed and the presumption of revocability, so as to provide for applicability language.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

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 Baugh Boshears
Bowen Burton Crotts j-j Dean Edge Farrow Hemmer

Henson Hill Huggins
Isakson Langford of 29th Marable Middleton Newbill Oliver Parrish Perdue

Pollard Ragan of llth Ragan of 32nd
Ralston Slotin Taylor Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Abernathy Balfour Blitch Broun of 46th Brown of 26th

Cheeks Coleman Dawkins Egan Garner

Gillis Glanton Gochenour Harbison Hooks

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Kemp Langford of 35th Madden

Ray Robinson

Scott Starr

On the passage of the bill, the yeas were 34, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SB 295. 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 wholesale distribution by out-of-state principals and the relationship between a principal and a sales representative, so as to change a definition; to provide for applicability of said article to principals located in this state.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Alien Balfour Baugh Boshears Bowen Broun of 46th Burton Cheeks Clay Coleman Crotts Day Dean Edge

Farrow Gochenour Hemmer Henson Hill Hooks Huggins Isakson Kemp Langford of 29th Madden Marable Middleton Newbill

Oliver Parrish Perdue Pollard Ragan of 32nd Ralston Slotin Starr Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Abernathy Blitch Brown of 26th Dawkins Egan

Garner Gillis Glanton Harbison Langford of 35th

Ragan of llth Ray Robinson Scott Taylor

On the passage of the bill, the yeas were 41, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SB 355. By Senators Broun of the 46th and Turner of the 8th:
A bill to amend Title 7 of the Official Code of Georgia Annotated, relating to banking and finance, so as to provide that certain documents of financial institu tions shall be delivered to the Department of Banking and Finance rather than the Secretary of State.

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The Senate Committee on Banking and Financial Institutions offered the following sub stitute to SB 355:
A BILL
To be entitled an Act to amend Title 7 of the Official Code of Georgia Annotated, relating to banking and finance, so as to provide that certain documents of financial institu tions shall be delivered to the Department of Banking and Finance rather than the Secre tary of State; to provide that operators of automated teller machines may charge certain transaction fees; to clarify that the liability of a director of a bank or trust company may be limited or eliminated by a vote of two-thirds of the total shares outstanding; to delete refer ences to certain federal or state deposit insurance corporations; to allow time extensions for the filing of reports of certain currency transactions; to provide for matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 7 of the Official Code of Georgia Annotated, relating to banking and finance, is amended by striking Code Section 7-1-113, relating to the voluntary dissolution of a financial institution prior to commencement of business, and inserting in its place a new Code Section 7-1-113 to read as follows:
"7-1-113. (a) A financial institution which has not transacted any business as a financial institution other than organizational business may propose to dissolve by the affirmative vote of shareholders entitled to cast at least two-thirds of the votes which all shareholders are entitled to cast on the plan and by delivering to the Secretary of State department articles of dissolution which shall be executed by two duly authorized officers or shareholders under the seal of the financial institution and which shall contain:
(1) The date of incorporation of the financial institution;
(2) A statement that it has not transacted any business as a financial institution other than organizational business;
(3) A statement that all liabilities of the financial institution have been paid or pro vided for;
(4) A statement that all amounts received on account of capital stock, paid-in capital, and expense fund, less amounts disbursed for expenses, have been returned to the persons entitled thereto; and
(5) The number of shares entitled to vote on the dissolution and the number of shares voted for and against it, respectively.
(b) The articles of dissolution shall be delivered in triplicate to the Secretary of State duplicate to the department together with the filing fee required by Code Section 7-1-862. The Secretary of State shall transmit a copy of the articles to the department. If the depart ment is satisfied that the financial institution has not conducted any business other than organizational business and, if it finds that the articles of dissolution satisfy the require ments of this chapter, it shall deliver them with its written approval to the Secretary of State and notify the financial institution of its action. If the department shall disapprove the articles of dissolution, it shall give written notice to the financial institution of its disap proval and a general statement of the reasons for its decision. The decision of the depart ment shall be conclusive, except as it may be subject to judicial review under Code Section 7-1-90."
Section 2. Said title is further amended by striking subsection (b) of Code Section 7-1116, relating to articles of dissolution of a financial institution where business has com menced, and inserting in its place a new subsection (b) to read as follows:
"(b) The articles of dissolution shall be delivered to the Secretary of State in triplicate department in duplicate together with the filing fee required by Code Section 7-1-862. The Secretary of State shall immediately transmit to the department one copy of the articles of

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dissolution; and, if If the department finds that the articles satisfy the requirements of this chapter, it shall deliver its written approval to the Secretary of State with a copy of the articles of dissolution attached."
Section 3. Said title is further amended by adding following Code Section 7-1-294, relat ing to the transaction of business on holidays and outside of banking hours, a new Code Section 7-1-295 to read as follows:
"7-1-295. An operator of an automated teller machine in this state may charge a trans action fee to the customer using the machine. An agreement to share automated teller ma chines on an interstate basis may not prohibit, limit, or restrict the right to charge such transaction fees."
Section 4. Said title is further amended by striking subsection (e) of Code Section 7-1493, relating to actions against directors and officers, and inserting in its place a new subsec tion (e) to read as follows:
"(e) Notwithstanding the foregoing, a bank or trust company may provide through an amendment to its articles of incorporation for the elimination or limitation of the personal liability of a director to the shareholders of the bank or trust company to the same extent as a business corporation incorporated under the provisions of Chapter 2 of Title 14, provided that such an amendment to the articles of incorporation must be adopted by the affirmative vote of two-thirds of the shareholders total shares outstanding."
Section 5. Said title is further amended by striking paragraph (1) of subsection (a) of Code Section 7-1-608, relating to unlawful acquisitions by bank holding companies, and in serting in its place a new paragraph (1) to read as follows:
"(1) The bank being acquired is either a 'bank' for the purposes of the federal Bank Holding Company Act of 1956, as amended (12 U.S.C. 1841), or a 'savings and loan,' a 'state savings and loan,' a 'savings bank,' or a 'federal savings bank' whose deposits are insured fey the-Federal Savings and Loan Insurance Corporation under a federal deposit insurance pro gram; and".
Section 6. Said title is further amended by striking subsection (a) of Code Section 7-1626, relating to the rights of bank holding companies consisting of building and loan associa tions, and inserting in its place a new subsection (a) to read as follows:
"(a) The term 'bank' as used in this part shall include any building and loan associa tion, savings and loan association, or state savings and loan association as such terms are defined in Code Section 7-1-4 including federal savings banks and similar banking entities chartered under the laws of any state and whose deposits are insured by the Federal Savings and Loan Inaurancc Corporation under a federal deposit insurance program.. Bank holding companies whose banking subsidiaries consist in part or entirely of building and loan as sociations, savings and loan associations, state savings and loan associations, or federal sav ings banks shall have the same but no grater rights and limitations under this part as bank holding companies whose banking subsidiaries consist solely of banks as defined in para graph (2) of Code Section 7-1-620."
Section 7. Said title is further amended by striking Code Section 7-1-793, relating to the investment trust or public funds in insured deposits, and inserting in its place a new Code Section 7-1-793 to read as follows:
"7-1-793. Administrators, executors, guardians, trustees, and other fiduciaries of every kind and nature; insurance companies; charitable, educational, eleemosynary, and public corporations and organizations; municipalities and other public corporations and bodies; and public officials are authorized to invest funds held by them, without any order of any court, in deposits in building and loan associations or savings and loan associations which are insured by the Federal Savings and Loan Insurance Corporation or the Georgia Credit Union Deposit Insurance Corporation under a federal deposit insurance program; and, to the extent of such insurance, such investments shall be deemed and held to be legal invest ments for such funds."

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Section 8. Said title is further amended by striking Code Section 7-1-797, relating to building and loan association deposit insurance requirements, and inserting in its place a new Code Section 7-1-797 to read as follows:
"7-1-797. (a) Every building and loan association shall be required to obtain deposit insurance satisfactory to the department before it may conduct business and accept depos its, except that building and loan associations which have had their deposit insurance cover age withdrawn or canceled may, in the discretion of the department, continue to accept deposits, provided that, within six months after withdrawal or cancellation of insurance, such associations shall obtain deposit insurance written by an insurance company author ized to transact business in this state and acceptable to the department or by the Federal Savings and Loan Insurance Corporation Federal Deposit Insurance Corporation. The de partment may, in its discretion, for cause shown, extend the time limitation in which de posit insurance must be obtained.
(b) Deposit insurance required to be obtained in subsection (a) of this Code section need not be in excess of amounts insured by the Federal Savings and Loan Insurance Cor poration or the Georgia Credit Union Deposit Insurance Corporation Federal Deposit Insur ance Corporation at the time the insurance is obtained; but, wherever the insurance cover age is, in the opinion of the department, less than amounts insured by the Federal Savings and Loan Insurance Corporation or the Georgia Credit Union Deposit Insurance Corporatien Federal Deposit Insurance Corporation, the building and loan association shall be required to post a sign in boldface print, in letters at least four inches high, at a conspicuous place near the entrance of such association, which states 'Deposits Not Insured' or 'Deposits Insured Up To (insert amount of deposit insurance).' Such wording shall also follow the name of the building and loan association wherever it is written or printed and shall be posted in writing which is easily legible in letters at least one inch high at each window or desk receiving deposits."
Section 9. Said title is further amended by striking paragraph (1) of subsection (a) of Code Section 7-1-912, relating to records and reports of certain currency transactions, and inserting in its place a new paragraph (1) to read as follows:
"(1) Every financial institution shall keep a record of currency transactions in excess of $10,000.00. Within 15 days of the date of the transaction a complete report of such currency transaction in excess of $10,000.00 shall be filed with the department; provided, however, the commissioner may permit a longer period to be considered a timely filing in the case of filings by magnetic media. In addition, the department shall be notified by telephone or by wire before the close of business on the next succeeding business day whenever such cur rency transaction shall be in an amount exceeding 100,000.00."
Section 10. Said title is further amended by striking Code Section 7-2-6, which reads as follows:
"7-2-6. Any financial institution, as defined in Code Section 7-1-4, which the depart ment finds to be ineligible for deposit insurance provided by the Federal Deposit Insurance Corporation or the Federal Savings and Loan Insurance Corporation or which was incorpo rated prior to July 1, 1981, shall be eligible for membership in the corporation and for de posit insurance coverage in the same manner and subject to the same privileges, restrictions, and liabilities as is provided in this chapter for credit unions.",
and inserting in its place the following:
"7-2-6. Reserved."
Section 11. Said title is further amended by striking subsection (c) of Code Section 7-2-

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9, relating to insurance of deposits and shares, and inserting in its place a new subsection (c) to read as follows:
"(c) The amount of insurance coverage on deposits and shares provided by the corpora tion may be increased from time to time by the directors of the corporation with the ap proval of the department; provided, however, that in no event may the insurance be in creased to an amount greater than the largest amount insured by the Federal Deposit Insurance Corporation, the Federal Savings and Loan Insurance Corporation, or the Na tional Credit Union Administration."
Section 12. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 30, nays 1, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:
Those voting in the affirmative were Senators:

Alien Balfour Baugh Blitch Boshears Bowen Broun of 46th Burton Cheeks Clay Coleman Crotts Day Dean Edge

Egan Farrow Gillis Gochenour Hemmer Henson Hill Hooks Huggins Isakson Kemp Madden Marable Middleton

Voting in the negative was Senator Glanton.

Those not voting were Senators:

Newbill Oliver Parrish Perdue Pollard Ragan of llth Ragan of 32nd Ralston Slotin Thomas Thompson Turner Tysinger Walker

Abernathy Brown of 26th Dawkins Garner

Harbison Langford of 35th Langford of 29th Ray

Robinson Scott Starr Taylor

On the passage of the bill, the yeas were 43, nays 1.

The bill, having received the requisite constitutional majority, was passed by substitute.

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The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House and Senate:
HB 960. By Representatives Parham of the 122nd and Lord of the 121st: A bill to amend an Act providing for the election of members of the board of education of Baldwin County, so as to change the composition of education dis tricts from which members of the board of education are elected.
HB 961. By Representatives Parham of the 122nd and Lord of the 121st: A bill to amend an Act creating a board of commissioners of Baldwin County, so as to change the composition of commissioner districts from which members of the board are elected.
HB 976. By Representatives Harris of the 112th and Yeargin of the 90th: A bill to amend an Act providing compensation for the treasurer of Lincoln County, so as to abolish the office of treasurer at the end of the current term of office or upon any earlier vacancy in such office.
HB 978. By Representative Holland of the 157th: A bill to amend an Act entitled "An Act to incorporate the town of Sumner," so as to provide for incorporation, boundaries, and powers of the town; to provide for a governing authority of such town.
HB 982. By Representative Crawford of the 129th: A bill to further define, prescribe, clarify, and enlarge the powers of the Thomaston-Upson County Office Building Authority.
HB 984. By Representative Bargeron of the 120th: A bill to amend an Act to make provisions for the Magistrate Court of Jefferson County, so as to change the compensation of the chief magistrate.
HB 985. By Representative Crawford of the 129th: A bill to create the Pike County Arts Facility Authority.
HB 987. By Representative Parrish of the 144th: A bill to amend an Act incorporating the City of Twin City in Emanuel County, so as to change the corporate limits of the city.
HB 990. By Representative Perry of the llth: A bill to amend an Act incorporating the City of Menlo, so as to change the provisions relating to city elections; to provide for the election and terms of office of the mayor and councilmen.
HB 991. By Representative Hanner of the 159th: 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.

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HB 995. By Representative Holland of the 157th:
A bill to amend an Act entitled "An Act to provide and establish a new charter for the town of Sycamore, in the County of Turner," so as to provide for terms of the mayor and councilmen.
HB 996. By Representative Holland of the 157th:
A bill to amend an Act to incorporate the Town of Rebecca, in Wilcox County, so as to provide for the election and terms of a mayor and five councilmembers.
HB 1001. By Representatives Buck of the 135th, Culbreth of the 132nd, Smyre of the 136th, Taylor of the 134th, Hugley of the 133rd and others:
A bill to amend an Act providing an annual salary for the coroner of Muscogee County in lieu of the fee system of compensation, so as to change the compensa tion of the coroner.
HB 1002. By Representatives Buck of the 135th, Culbreth of the 132nd, Smyre of the 136th, Taylor of the 134th, Hugley of the 133rd and others:
A bill to provide that the governing authority of the county-wide government of Columbus shall be authorized to provide for salary supplements for certain of ficers, officials, and employees of the county-wide government.
HB 1003. By Representatives Buck of the 135th, Culbreth of the 132nd, Smyre of the 136th, Taylor of the 134th, Hugley of the 133rd and others:
A bill to amend an Act establishing the salary of the sheriff of Muscogee County, so as to change the salary of the sheriff.
HB 1004. By Representatives Greene of the 158th and White of the 161st:
A bill to provide compensation for the members of the board of education of Baker County, so as to change the compensation of the chairperson and members of said board.
HB 1010. By Representative Smith of the 169th:
A bill to amend an Act abolishing the present mode of compensating the clerk of the Superior Court, the judge of the Probate Court, and the tax commissioner of Brantley County, known as the fee system, and providing in lieu thereof annual compensation for such officers, so as to provide for the compensation of the sher iff of Brantley County and the chief magistrate of the Magistrate Court of Brantley County.
HB 1013. By Representatives Yates of the 106th and Carlisle of the 107th:
A bill to amend an Act abolishing the fee system as the mode of compensation of certain Spalding County officers and providing in lieu thereof salaries for the compensation of such officers, so as to provide remuneration for the Judge of the Probate Court of Spalding County for the performance of duties provided for under the laws of the United States or regulations promulgated pursuant to such laws.
HB 1014. By Representatives Yates of the 106th and Carlisle of the 107th:
A bill to amend an Act creating the Spalding County Water and Sewerage Facili ties Authority, so as to change the number of members of said authority from seven to nine.

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HB 1015. By Representatives Walker of the 141st, Floyd of the 138th and James of the 140th:
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 1016. By Representatives Walker of the 141st, Floyd of the 138th and James of the 140th:
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 1017. By Representatives Carrell of the 87th and Johnson of the 84th: A bill to amend an Act creating a Board of Commissioners of Walton County, so as to reconstitute such board of commissioners; to provide for commissioner districts.
HB 1018. By Representatives Randall of the 127th, Lucas of the 124th, Groover of the 125th, Reichert of the 126th and Ray of the 128th:
A bill to amend an Act establishing the Board of Public Education and Orphan age for Bibb County, so as to change provisions relating to the certification and levy of the school tax; to delete a provision which requires the board of education to furnish a copy of the final school budget to the board of county commissioners for its review and approval.
SB 111. By Senator Gillis of the 20th:
A bill to amend an Act providing for the election of the members of the Treutlen County Board of Education so as to provide for the compensation of the mem bers of the board.
The House has adopted by the requisite constitutional majority the following resolution of the House:
HR 400. By Representatives McKinney of the 51st, Benefield of the 96th, Canty of the 52nd, Davis of the 48th, Stanley of the 50th and others:
A resolution designating the Dick Lane Bridge.
The House has passed by the requisite constitutional majority the following bills of the House:
HB 936. By Representative Barnes of the 33rd:
A bill to amend Code Section 15-16-13 of the Official Code of Georgia Annotated, relating to the authorization for the sheriff to contract with municipalities to pro vide law enforcement services, so as to provide for the intent of said Code sec tion; to provide that the provisions of such Code section shall not affect, limit, or impair the rights, duties, and powers of sheriffs within the corporate limits of municipalities.
HB 781. By Representative Cummings of the 27th:
A bill to amend Code Section 47-3-60 of the Official Code of Georgia Annotated, relating to eligibility for membership in the Teachers Retirement System of Georgia and related matters, so as to provide that employees of the Department of Technical and Adult Education who retire and who are subsequently rehired

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by such department may not then elect to become members of a retirement sys tem other than the system under which they initially retired.
HB 472. By Representatives Johnson of the 84th, Dix of the 76th, Johnston of the 81st, Coleman of the 80th, Breedlove of the 85th and others:
A bill to amend Code Section 48-13-51 of the Official Code of Georgia Annotated, relating to county and municipal excise tax levies on public accommodations charges for the promotion of tourism, conventions, and trade shows, so as to au thorize expenditures of such tax proceeds for certain conventions and trade show facilities funded by special county sales and use taxes.
HB 343. By Representatives Thomas of the 100th, Bostick of the 165th and Barnes of the 33rd:
A bill to amend Article 1 of Chapter 16 of Title 15 of the Official Code of Georgia Annotated, relating to sheriffs in general, so as to provide that sheriffs may hire their own legal counsel to defend all or specified civil, criminal, or quasi-criminal actions brought against such sheriff for actions arising out of the performance of such sheriffs duties or in any way connected therewith, whether based upon neg ligence, violation of contract rights, or violation of civil, or statutory rights.
HB 302. By Representatives Benefield of the 96th, Dixon of the 150th, Brooks of the 103rd and Crawford of the 129th: A bill to amend Code Section 32-6-1 of the Official Code of Georgia Annotated, relating to obstructing, encroaching on, or injuring public roads, so as to provide for reimbursement to the Department of Transportation for costs of removal of obstructions and encroachments and repair of injuries to the public roads.
HB 964. By Representative Smith of the 169th: A bill to amend Code Section 21-2-4 of the Official Code of Georgia Annotated, relating to designation of congressional districts, so as to change the composition of certain congressional districts.
HB 966. By Representatives Smith of the 169th, Benefield of the 96th, Lane of the 146th, Streat of the 167th, Coleman of the 142nd and others: A bill to amend Title 32 of the Official Code of Georgia Annotated, relating to highways, so as to enact the Interstate Rail Passenger Network Compact.
The following general bills of the Senate, favorably reported by the committees, were read the third time and put upon their passage:
SB 163. By Senator Ragan of the 32nd: A bill to amend Code Section 40-5-67.1 of the Official Code of Georgia Anno tated, relating to the administration of chemical test upon belief of a law enforce ment officer that a person has been driving or was in actual physical control of a moving vehicle while under the influence of alcohol or drugs, so as to change the provisions relating to the information which the arresting officer is required to provide to the person requested to submit to a chemical test or tests.
The Senate Committee on Special Judiciary offered the following substitute to SB 163:
A BILL
To be entitled an Act to amend Code Section 40-5-67.1 of the Official Code of Georgia Annotated, relating to the administration of chemical test upon belief of a law enforcement officer that a person has been driving or was in actual physical control of a moving vehicle

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while under the influence of alcohol or drugs, so as to change the provisions relating to the information which the arresting officer is required to provide to the person requested to submit to a chemical test or tests; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 40-5-67.1 of the Official Code of Georgia Annotated, relating to the administration of chemical test upon belief of a law enforcement officer that a person has been driving or was in actual physical control of a moving vehicle while under the influ ence of alcohol or drugs, is amended by striking subsection (b) in its entirety and inserting in lieu thereof a new subsection (b) to read as follows:
"(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 minimum period of one year of, if the person ia under age 18, for a period of one year or- until the age of 18, whichever is greater, or, if the vehicle ia a commercial vchi' clc, 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 grama of more in violation of the law, 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 of 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 teat tcaulta indicate the' presence of any alcohol, the person will be issued an out of service order and will be prohibited from operating a motor vehicle for 24 houra, and if the results indicate a blood alcohol concentra tion of 0.04 grama or more, the pcraon 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."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 38, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Alien Balfour Baugh

Boshears Bowen Broun of 46th

Burton Cheeks Clay

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Coleman Day Dean Edge Egan Farrow Gillis Gochenour Harbison Hemmer Henson Hill

Hooks Huggins Isakson Kemp Langford of 29th Madden Marable Middleton Newbill Oliver Parrish Perdue

Pollard Ragan of llth Ragan of 32nd Ralston Scott Slotin Stair Taylor Thomas Thompson Turner Tysinger

Those not voting were Senators:

Abernathy Blitch Brown of 26th Crotts

Dawkins Garner Glanton Langford of 35th

Ray Robinson Walker

On the passage of the bill, the yeas were 45, nays 0.

The bill, having receive the requisite constitutional majority, was passed by substitute.

SB 278. By Senators Scott of the 36th and Henson of the 55th:
A bill to amend the "Metropolitan Atlanta Rapid Transit Authority Act of 1965," as amended, so as to exclude certain nonrecurring costs from the defini tion of "operating costs of the system" for the purposes of the limitations on the use of tax revenues to pay such costs; to provide an effective date.

The Senate Committee on Urban and County Affairs offered the following substitute to SB 278:

A BILL
To be entitled an Act to amend the "Metropolitan Atlanta Rapid Transit Authority Act of 1965," approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended, so as to exclude certain nonrecurring costs from the definition of "operating costs of the system" for the purposes of the limitations on the use of tax revenues to pay such costs; to limit certain new facilities within a specified distance from certain historic 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. The "Metropolitan Atlanta Rapid Transit Authority Act of 1965," approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended, is amended by striking paragraph (4) of subsection (h) of Section 9 thereof and inserting in its place the following:
"(4) For purposes of this subsection (h), 'transit operating revenue" means all fees, user charges, contract payments, or other monies or income received or derived by the Authority:
(A) From the operation of a transportation system, as defined in Section 2(g) of this Act;
(B) From the investment of reserve funds to the extent such investment income may, under the provisions of subsections (i) and (1) of Section 25 of this Act, be used to pay operating costs; or
(C) From leases of Authority owned real property,
but shall not mean any funds derived from the sales and use tax authorized in Section 25 of

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this Act, nor any funds provided by the federal government under the Urban Mass Trans portation Act of 1964 (P. L. 88-365), as amended, nor any other such revenue not clearly received or derived from the operation of the transportation system, from the investment of reserve funds as provided in subsections (i) and (1) of Section 25 of this Act, or from leases of Authority owned real property; and 'operating costs' means 'operating costs of the sys tem,' as defined in Section 25(i) of this Act, and exclusive of depreciation and amortization, and other costs and charges as provided in the said definition."
Section 2. Said Act is further amended by striking subsection (i) of Section 25 thereof and inserting in its place a new subsection to read as follows:
"(i) Use of Proceeds. The proceeds of the tax levied pursuant to this Act shall be used solely by each local government to fulfill the obligations incurred in the contracts entered into with the Metropolitan Atlanta Rapid Transit Authority as contemplated in the Metro politan Atlanta Rapid Transit Authority Act of 1965, as amended, provided, however, that no more than fifty percent (50%) of the annual proceeds of the tax shall be used to subsi dize the operating costs of the system, exclusive of depreciation and, amortization, and other costs and charges as provided in this subsection, until July 1, 203~2, after which time no more than sixty percent (60%) of the annual proceeds of the tax shall be used to subsi dize the operating costs of the system, exclusive of depreciation and, amortization, and other costs and charges as provided in this subsection, and that commencing with July 1, 2032, and for every year thereafter, the proceeds of the tax shall not be used to subsidize operations of the transportation system to an extent greater than fifty percent (50%) of the operating costs of the system, exclusive of depreciation ad, amortization, and other costs and charges as provided in this subsection. In adopting its annual budget, the Board of the Metropolitan Authority Rapid Transit Authority shall be authorized to rely upon estimates of all revenues, operating costs, patronage and other factors which may affect the amount of the fare required to limit the operating subsidy herein provided for. If the results of any year's operations reflect that the proceeds of the tax were used to subsidize operations to an extent greater than herein provided, the Board shall adjust fares in order to make up the deficit in operations during a period of not to exceed three (3) succeeding years. If the re sults of operations in the Authority's fiscal year commencing July 1, 1980 or in any subse quent fiscal year reflect that the proceeds of the tax were not used to subsidize operations to the maximum extent herein provided, the Board may, in its sole discretion, reserve any amounts that could have been used to subsidize operations in that fiscal year and later use said reserved amounts and any interest earned on said reserved amounts to provide an addi tional subsidy for operations in any future fiscal year or years. The words 'operating costs of the system' for purposes of this subsection 25(i) are defined to include all of the costs of that division of the Authority directly involved and that portion of the nonoperating admin istrative costs of those divisions of the Authority indirectly involved, through the provision of support services, in providing mass transportation services for the metropolitan area, but exclusive of the costs of the division or divisions directly involved and that portion of the nonoperating administrative costs of those divisions indirectly involved, in the planning, design, acquisition, construction and improvement of the rapid transit system, according to accepted principles of accounting, and also exclusive of nonrecurring costs and charges in curred in order to comply with any statute or regulation concerning either the protection or cleaning up of the environment, or accessibility by handicapped or disabled persons, or oc cupational health or safety, or with any judgment, decree, or order of any court or regula tory agency in implementation of any such statute or regulation. If any proceeds of the tax levied pursuant to this Act are held for the purpose of planning, designing, acquiring, or constructing additional facilities or equipment for or improvements to the rapid transit sys tem and are invested, then all interest earned from such investments shall be used only for such purposes or for paying the principal of or interest on bonds or certificates issued for such purposes. Commencing July 1, 1988, and until June 30, 1994, interest earned on reserve funds set aside:
(1) For rebuilding, repairing, or renovating facilities of the rapid transit system;
(2) For replacing, repairing, or renovating equipment or other capital assets thereof; or

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(3) From the sale or other disposition of real property,
may, without regard to the original source of the funds so reserved, be used to pay the operating costs of the system as such costs are defined in this subsection."
Section 3. Said Act is further amended by adding immediately after Section 12 thereof the following:
"Section 12.1. After this Section becomes effective, the Authority shall not site, locate, construct, or occupy any new facility in any location within 2,000 feet of any property regis tered on the National Register of Historic Places unless such action is specifically author ized by an amendment to this Act."
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 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:

Alien Balfour Baugh Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cheeks Clay Coleman Crotts Dawkins Day

Dean Edge Farrow Gillis Harbison Hemmer Henson Hill Hooks Isakson Langford of 29th Madden Marable Middleton Newbill

Oliver Parrish Perdue Pollard Ragan of llth Ragan of 32nd Ralston Ray Scott Slotin
Starr Taylor
Thomas Turner Tysinger

Voting in the negative was Senator Gochenour.

Those not voting were Senators:

Abernathy Egan Garner Glanton

Huggins Kemp Langford of 35th

Robinson Thompson Walker

On the passage of the bill, the yeas were 45, nays 1.

The bill, having received the requisite constitutional majority, was passed by substitute.

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SB 114. By Senator Langford of the 35th:
A bill to amend Code Section 16-12-60 of the Official Code of Georgia Annotated, relating to rules and regulations relating to bingo games, so as to change provi sions relating to the maximum amount of prizes awarded.

The Senate Committee on Economic Development, Tourism and Cultural Affairs of fered the following amendment:

Amend SB 114 by striking line 13 on page 1 and inserting in lieu thereof the following: "excess of $1,100.00 $1,500.00 in cash". By striking line 15 on page 1 and inserting in lieu thereof the following: "$2,200.00 $3,000.00 in cash or gifts".

On the adoption of the amendment, the yeas were 38, nays 0, and the amendment was adopted.

The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Alien Balfour Baugh Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cheeks Clay Coleman Crotts Dawkins Dean Edge Egan

Farrow Garner Gillis Harbison Hemmer Henson Hill Hooks Huggins Isakson Kemp Langford of 29th Madden Marable Middleton Newbill Oliver

Parrish Perdue Pollard Ragan of llth Ragan of 32nd Ralston Ray Robinson Scott Slotin Starr Taylor Thomas Thompson Turner Tysinger Walker

Voting in the negative were Senators Day and Gochenour.

Those not voting were Senators:

Abernathy

Glanton

Langford of 35th

On the passage of the bill, the yeas were 51, nays 2.

The bill, having received the requisite constitutional majority, was passed as amended.

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1135

The following bill of the House was taken up for the purpose of considering the House action thereon:
HB 557. By Representative Barnes of the 33rd:
A bill to amend an Act creating the Cobb-Marietta Coliseum and Exhibit Hall Authority, so as to change the provisions regarding the appointment of members of the authority.
Senator Thompson of the 33rd moved that the Senate insist upon the Senate amend ment to HB 557.
On the motion, the yeas were 41, nays 1; the motion prevailed, and the Senate insisted upon the Senate amendment to HB 557.
The following general bills of the Senate, favorably reported by the committees, were read the third time and put upon their passage:
SB 131. By Senators Parrish of the 43rd and Henson of the 55th:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide for a program for registration of electors; to provide that license examiners employed by the Department of Public Safety shall be deputy registrars; to provide for powers and duties of such deputy registrars; to provide rule-making authority; to provide for a contingent effective date.
The Senate Committee on Governmental Operations offered the following substitute to SB 131:
A BILL
To be entitled an Act to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide for a program for registration of electors; to provide that license examiners employed by the Department of Public Safety shall be deputy regis trars; to provide for powers and duties of such deputy registrars; to provide for powers, duties, and authority of the Secretary of State, commissioner of public safety, and the De partment of Public Safety; to provide for registration procedures; to provide for additional registration places; to provide that drivers' license applications shall be designed to permit qualified applicants to register to vote; to provide rule-making authority; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 21 of the Official Code of Georgia Annotated, relating to elections, is amended by adding a new Code section immediately following Code Section 21-2-212, to be designated Code Section 21-2-212.1, to read as follows:
"21-2-212.1. (a) The Secretary of State and the commissioner of public safety shall de velop and implement a program to register electors at the offices of license examiners of the Department of Public Safety.
(b) Such program shall be implemented in the following manner:
(1) Effective July 1, 1993, the Secretary of State and the commissioner of public safety shall develop procedures, forms, processing functions, and training to implement the pro gram. Notwithstanding any provisions of this title to the contrary, a joint application card shall be designed to allow an elector to apply for the issuance or renewal of an instruction permit, a driver's license, or an identification card and to register or decline to register to vote. Such application card shall contain all of the information required by subsection(a) of Code Section 21-2-217;

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(2) The Secretary of State and the commissioner of public safety are authorized to pro mulgate such rules and regulations as may be necessary to implement such program;
(3) Notwithstanding any other provision of this title to the contrary, each license exam iner employed by the Department of Public Safety shall be a deputy to the board of regis trars of each county and the board of registrars of each municipality which maintains its own registration list;
(4) As deputy registrars, such license examiners shall register as electors on behalf of such counties and municipalities those applicants who reside in those counties and who are qualified to register to vote when making an application for an instruction permit or a driver's license pursuant to Code Section 40-5-25 or a personal identification card in accor dance with Code Section 40-5-100. Such applicants may decline to register to vote by stating in writing on the application that they do not wish to register to vote;
(5) Code Section 21-2-213 shall not apply to license examiners who serve as deputy registrars pursuant to this subsection; and
(6) Notwithstanding any provision of this title to the contrary, each facility at which license examiners employed by the Department of Public Safety examine applicants for drivers' licenses shall be an additional registration place for the purpose of registering electors."
Section 2. This Act shall become effective January 1, 1995.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 42, nays 2, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Alien Brown of 26th Coleman Dean Farrow Harbison Hemmer Henson

Hooks Kemp Langford of 35th Langford of 29th Madden Marable Middleton Oliver

Parrish Robinson Scott Slotin Starr Taylor Thomas Walker

Those voting in the negative were Senators:

Balfour Baugh Blitch Boshears Bowen Broun of 46th Burton Cheeks Clay Crotts Dawkins

Day Edge Egan Garner Gillis Glanton Gochenour Hill Huggins Isakson

Newbill Perdue Pollard Ragan of llth Ragan of 32nd Ralston Ray Thompson Turner Tysinger

Not voting was Senator Abernathy.

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On the passage of the bill, the yeas were 24, nays 31.

The bill, having failed to receive the requisite constitutional majority, was lost.

Senator Henson of the 55th gave notice that, at the proper time, he would move that the Senate reconsider its action in defeating SB 131.

The President stated that, as provided for in Senate Rule 94, he would set the time to entertain the motion to reconsider for 4:00 o'clock P.M. today.

SB 209. By Senators Taylor of the 12th, Bowen of the 13th and Ragan of the llth:
A bill to amend Code Section 48-5-493 of the Official Code of Georgia Annotated, relating to the failure to attach and display certain decals to mobile homes, so as to provide that any person who moves or transports a mobile home which does not display a certain decal shall provide the tax collectors in certain counties with certain information; to provide a penalty.

The Senate Committee on Transportation offered the following amendment:

Amend SB 209 by inserting on line 6 of page 1, following the word and symbol "infor mation;", the following:
"to provide that such persons shall be liable for certain delinquent ad valorem taxes;".
By inserting at the end of line 10 of page 2 the following:
"Any person who moves or transports any such mobile home shall be liable for ad valorem taxes owed to the county; provided, however, that no such person shall be liable for more than the two most recent years' ad valorem taxes."

On the adoption of the amendment, the yeas were 0, nays 36, and the amendment was lost.

Senators Taylor of the 12th and Isakson of the 21st offered the following amendment:

Amend SB 209 by adding after the period on line 10 of page 2 the following:
"The person moving any mobile home may be responsible for no more than the two most recent years' ad valorem taxes owed the county from which the mobile home was moved."

On the adoption of the amendment, the yeas were 42, nays 0, and the amendment was adopted.

The report of the committee, which was favorable to the passage of the bill as amended, was agreed to 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 Balfour Baugh Blitch Boshears Bowen Broun of 46th Brown of 26th

Burton Cheeks Clay Coleman Crotts Dawkins Day Dean

Edge Egan Farrow Garner Gillis Glanton Gochenour Harbison

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Hemmer Henson Hill Hooks Huggins Kemp Langford of 35th Madden Marable

Middleton Newbill Oliver Parrish Perdue Pollard Ragan of llth Ragan of 32nd Ralston

Ray Robinson Slotin Starr Taylor Thomas Thompson Turner Tysinger

Those not voting were Senators:

Abernathy Isakson

Langford of 29th Scott

Walker

On the passage of the bill, the yeas were 51, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.

SB 273. By Senators Pollard of the 24th and Ray of the 19th:
A bill to amend Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, so as to provide that no municipal inmate shall be deemed to be an employee for purposes of obtaining workers' compensa tion benefits; to provide an effective date.

The Senate Insurance and Labor Committee offered the following substitute to SB 273:

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 relative to penal institutions, so as to provide that inmates participating in a work-release program shall not be deemed to be an employee of a municipality; to amend Article 4 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to probationers participating in community service programs, so as to provide that a person participating in a community service program shall not be considered to be an employee of a county or municipality; 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 relative to penal institutions, is amended by striking subsection (e) of Code Section 42-1-4, relating to work-release programs for county prisoners, and inserting in lieu thereof a new subsection (e) to read as follows:
"(e) No inmate participating in a work-release program under this Code section shall be deemed to be an agent, employee, or involuntary servant of the county or municipality while working or participating in training or going to and from his or her place of employment or t5r.a"ining --un--le--s--s --su--c--h--in--m--a--te----is--e--m--pl--o--ye--d--f--or--p--r--iv--at--e--g--ai--n--i--n --vi--o--la--tio--n--o--f--C--o--de----Se--c--tio--n--4--2---1---

Section 2. Article 4 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to probationers participating in community service programs, is amended by adding a new Code Section 42-8-75 to read as follows:
"42-8-75. A person participating in community service programs authorized by this title shall not be deemed to be an employee of a county or municipal government while partici pating in such a program or while going to and from the program site unless such person is employed for private gain in violation of Code Section 42-8-70."

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Section 3. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 35, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Alien Balfour Baugh Bowen Broun of 46th Brown of 26th Burton Cheeks Clay Coleman Crotts Day Dean Edge Egan Farrow

Garner Gillis Glanton Gochenour Harbison Hemmer Hill Hooks Huggins Kemp Langford of 35th Langford of 29th Madden Marable Middleton Newbill

Oliver Parrish Perdue Pollard Ragan of llth Ragan of 32nd Ralston Ray Robinson Slotin Starr Taylor Thompson Turner Tysinger Walker

Voting in the negative were Senators Blitch and Boshears.

Those not voting were Senators:

Abernathy Dawkins

Henson Isakson

Scott Thomas

On the passage of the bill, the yeas were 48, nays 2.

The bill, having received the requisite constitutional majority, was passed by substitute.

SB 296. By Senators Balfour of the 9th, Isakson of the 21st, Starr of the 44th and others:
A bill to amend Code Section 48-5-311 of the Official Code of Georgia Annotated, relating to the creation of county boards of equalization and their duties regard ing review of assessments and appeal procedures, so as to provide for filing by mail; to provide for appeals of assessments; to provide for forms of appeals; to provide a time limitation for responses to appeals; to provide for open hearings.

The Senate Committee on Urban and County Affairs offered the following substitute to SB 296:

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 and their duties regard ing review of assessments and appeal procedures, so as to provide for filing by mail; to change the time period within which a taxpayer may appeal an assessment; to provide for appeals of assessments without reassessments; to provide for forms of appeals; to provide a

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time limitation for responses to appeals; to provide for open hearings; to provide for consoli dation of appeals; to provide for open deliberations; to provide for exceptions; to repeal certain provisions dealing with appeals of the decisions of the county boards of equalization; to prohibit such appeals by the board of tax assessors; to provide for trial by a jury; to provide for service of notice of appeal by the board of equalization; to provide for continu ances; to provide that taxpayers shall be entitled to costs and attorney's fees in certain instances; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 48-5-311 of the Official Code of Georgia Annotated, relating to the creation of county boards of equalization and their duties regarding review of assess ments and appeal procedures, is amended by striking subsections (e) and (f) of said Code section in their entirety and inserting in lieu thereof the following:
"(e) (1) Any resident or nonresident taxpayer may appeal from an assessment by the county board of tax assessors to the county board of equalization as to matters of taxability, uniformity of assessment, and value, and, for residents, as to denials of homestead exemp tions, in the manner provided in paragraph (2) of this subsection.
(2) (A) An appeal shall be effected by mailing to or filing with the county board of tax assessors a notice of appeal within 36 60 days from the date of mailing the notice pursuant to Code Section 48-5-306. A written objection to an assessment of real property received by a county board of tax assessors stating the location of the real property and the identifica tion number, if any, contained in the tax notice shall be deemed a notice of appeal by the taxpayer under the grounds listed in paragraph (1) of this subsection. A written objection to an assessment of personal property received by a county board of tax assessors giving the account number, if any, contained in the tax notice and stating that the objection is to an assessment of personal property shall be deemed a notice of appeal by the taxpayer under the grounds listed in paragraph (1) of this subsection. Any taxpayer may appeal his or her assessment on grounds of uniformity only, even if no reassessment has been received by the taxpayer for the year in question, by notice of appeal mailed or filed no later than July 15 of such year. The county board of tax assessors shall review the valuation or denial in question and, if any changes or corrections are made in the valuation or decision in question, the board shall send a notice of the changes or corrections to the taxpayer pursuant to Code Section 48-5-306. Such notice shall also explain the taxpayer's right to appeal to the county board of equalization as provided in subparagraph (C) of this paragraph if the taxpayer is dissatisfied with the changes or corrections made by the county board of tax assessors.
(B) If no changes or corrections are made in the valuation or decision, the county board of tax assessors shall send written notice thereof to the taxpayer and to the county board of equalization which notice shall also constitute the taxpayer's appeal to the county board of equalization without the necessity of the taxpayer's filing any additional notice of appeal to the county board of tax assessors or to the county board of equalization. The county board of tax assessors shall also send or deliver all necessary papers to the county board of equalization.
(C) If changes or corrections are made by the county board of tax assessors, the board shall notify the taxpayer in writing of such changes. If the taxpayer is dissatisfied with such changes or corrections, the taxpayer shall, within 21 days of the date of mailing of the change notice, institute an appeal to the county board of equalization by acnding mailing to or filing with the county board of tax assessors a written notice of appeal to the county beafd-of tax asscaaora. Such notice of appeal shall be in written form and need not state grounds for appeal. The county board of tax assessors shall send or deliver the notice of appeal and all necessary papers to the county board of equalization.
(3) Reserved. The county board of tax assessors shall make its determination and notify the taxpayer within 45 days after receipt of the taxpayer's notice of appeal. If the county board of tax assessors fails to respond to the taxpayer within such 45 day period, the assess ment in question shall become void.

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(4) The determination by the county board of tax assessors of questions of fact shall be prima-facie correct in any appeal to the county board of equalization.
(5) (A) The county board of equalization shall determine all questions presented to it on the basis of the best information available to the board.
(B) The commissioner, by regulation, may adopt uniform procedures and standards which, when approved by the State Board of Equalization, shall be followed by county boards of equalization in determining appeals.
(6) (A) Within 15 days of the receipt of the notice of appeal, the county board of equali zation shall set a date for a hearing on the questions presented and shall so notify the taxpayer and the county board of tax assessors in writing. A taxpayer may appear before the board concerning any appeal in person, by his authorized agent or representative, or both. The taxpayer shall specify in writing to the board the name of any such agent or representa tive prior to any appearance by the agent or representative before the board.
(B) Within 30 days of the date of notification to the taxpayer of the hearing required in this paragraph but not earlier than 20 days from the date of such notification to the tax payer, the county board of equalization shall hold such hearing to determine the questions presented. All hearings and other meetings of the county board of equalization shall be governed by~the provisions of Chapter 14 of Title 50; provided, however, that upon written request of the taxpayer, the hearing shall be closed to the public.
(C) If more than one property of a taxpayer is under appeal, the board of equalization shall consolidate all appeals in one hearing and render separate decisions as to each parcel or item of property. Any appeal from such a consolidated board of equalization hearing to the superior court as provided in this subsection shall constitute a single civil action, and, unless the taxpayer specifically so indicates in his or her notice of appeal, shall apply to all such parcels or items of property.
<> (D) (i) The decision of the county board of equalization shall be in writing, shall be signed by each member of the board, shall specifically decide each question presented by the appeal, shall state that with respect to the appeal no member of the board is disqualified from acting by virtue of subsection (h) of this Code section, and shall certify the date on which notice of the decision is given to the parties. Notice of the decision shall be given to each party by sending a copy of the decision by registered or certified mail to the appellant and by filing the original copy of the decision with the county board of tax assessors. Each of the three members of the county board of equalization must be present and must partici pate in the deliberations on any appeal. All such deliberations shall be governed by the provisions of Chapter 14 of Title 50; provMed, however, that upon written request of the taxpayer, the deliberations shall be closed to the public. A majority vote shall be required in any matter. All three members of the board must sign the decision indicating their vote.
(ii) Except as otherwise provided in subparagraph (f)(4)(B) of this Code section, the county board of tax assessors shall use the valuation of the county board of equalization in compiling the tax digest for the county for the year in question and shall indicate such valuation as the previous year's value on the property tax notice of assessment of such tax payer for the immediately following year rather than substituting the valuation which was changed by the county board of equalization.
(7) The county governing authority shall furnish the county board of equalization nec essary facilities and secretarial and clerical help. The secretary of the county board of tax assessors shall see that the records and information of the county board of tax assessors are transmitted to the county board of equalization. The county board of equalization must consider in the performance of its duties the information furnished by the county board of tax assessors.
(8) The taxpayer or his or her agent or representative may submit in support of his or her appeal the most current report of the sales ratio study for the county conducted pursu ant to Code Section 48-5-274. The board must consider the study upon any such request.

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(f) (1) The taxpayer, or, except as othcrwiac provided in this paragraph, the county board of tax assessors but not the county board of tax assessors, may appeal decisions of the county board of equalization to the superior court of the county in which the property lies. A county board of tax assessors may not appeal a decision of the county board of equaliza tion changing an assessment by 16 percent or leaa unless the board of tax assessors gives the county governing authority a written notice of its intention to appeal and within ten days of receipt of the notice the county governing authority by majority vote does not prohibit the appeal. In the case of a joint city-county board of tax aaacssora, such notice shall be given to the city--and county--governing authorities, cither of which may prohibit the appeal by majority vote within the allowed period of time.
(2) An appeal by the taxpayer as provided in paragraph (1) of this subsection shall be effected by mailing to or filing a written notice of appeal with the county board of tax assessors a written notice~of appeal. An appeal by the county board of tax assessors shall be effected by giving notice to the taxpayer. The notice to the taxpayer ahull be dated and shall contain the name and the last known address of the taxpayer. The taxpayer may demand a trial by jury in the notice of appeal. The notice of appeal shall need not specifically state the grounds for appeal. The notice in either case shall be mailed or filed within 30 days from the date on which the decision of the county board of equalization is mailed pursuant to subparagraph (e)(6)(C) of this Code section. The county board of tax assessors shall certify to the clerk of the superior court the notice of appeal and any other papers specified by the person appealing including, but not limited to, the staff information from the file used by either the county board of tax assessors or the county board of equalization. All papers and informa tion certified to the clerk shall become a part of the record on appeal to the superior court. At the time of certification of the appeal, the county boards of tax assessors shall serve the taxpayer or his or her attorney or agent of record with a copy of the notice of appeal and all other papers and information certified to the clerk, together with the civil action file number assigned to the appeal. Such service shall be affected in accordance with subsection (b) of Code Section 9-11-5. No discovery, motions, or other pleadings may be filed by the county board of tax assessors in the appeal until such service has been made?
(3) The appeal shall constitute a de novo action.
(4) (A) The appeal shall be heard before a jury at the first term following the filing of the appeal. If only questions of law are presented in the appeal, the appeal shall be heard as soon as practicable before the court sitting without a jury. Each hearing before the court sitting without a jury shall be held within 40 days following the date on which the appeal is filed with the clerk of the superior court. The taxpayer, on motion, shall be granted a con tinuance to the next term of court without the necessity of showing any grounds therefor.
(B) The county board of tax assessors shall use the valuation of the county board of equalization in compiling the tax digest for the county. If the final determination of value on appeal is less than the valuation set by the county board of equalization, the taxpayer shall receive a deduction in his or her taxes for the year in question. If the final determina tion of value on appeal is greater than the valuation set by the county board of equalization, the taxpayer shall be liable for the increase in taxes for the year in question due to the increased valuation fixed on appeal.
(5) If the taxpayer prevails in any two or more consecutive years in appeals under this subsection on substantially the same grounds, the taxpayer shall be entitled to recover costs and reasonable attorney's fees from the county for the second and all such succeeding con secutive years upon motion within 45 days after judgment is entered in the case. This provi sion is in addition to and not in lieu of the provisions of Code Sections 9-15-14 and Article 5 of Chapter 7 of Title 51."
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.

MONDAY, MARCH 8, 1993

1143

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:

Balfour Baugh Blitch Boshears Bowen Broun of 46th Burton Cheeks Coleman Crotts Dawkins Day Dean Edge Egan Farrow

Garner Gillis Glanton Gochenour Harbison Hemmer Henson Hill Hooks Huggins Kemp Langford of 29th Madden Marable Middleton Newbill

Oliver Parrish Perdue Pollard Ragan of ilth Ragan of 32nd Ralston Ray Robinson Slotin Starr Taylor Thompson Turner Tysinger Walker

Voting in the negative was Senator Langford of 35th.

Those not voting were Senators:

Abernathy Alien Brown of 26th

Clay Isakson

Scott Thomas

On the passage of the bill, the yeas were 48, nays 1.

The bill, having received the requisite constitutional majority, was passed by substitute.

SB 304. By Senators Garner of the 30th, Henson of the 55th and Hemmer of the 49th:
A bill to amend Part 1 of Article 4 of Chapter 12 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia Sports Hall of Fame, so as to change the membership of the Georgia Sports Hall of Fame Board; to provide for related matters; to provide an effective date.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Alien Baugh Blitch Bowen Broun of 46th Brown of 26th Burton Cheeks

Coleman Crotts Dawkins Day Dean Garner Gillis Harbison

Hemmer Henson Hill Hooks Huggins Kemp Langford of 35th Langford of 29th

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Madden Marable Middleton Oliver Parrish Perdue Pollard

Ragan of llth Ragan of 32nd Ray Robinson Slotin Starr

Those voting in the negative were Senators:

Balfour Boshears Clay Edge

Egan Farrow Glanton

Taylor Thomas Thompson Turner Tysinger Walker
Gochenour Newbill Ralston

Those not voting were Senators:

Abernathy

Isakson

Scott

On the passage of the bill, the yeas were 43, nays 10.

The bill, having received the requisite constitutional majority, was passed.

SB 307. By Senators Marable of the 52nd, Hemmer of the 49th and Hill of the 4th:
A bill to amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, so as to provide that no driver's license shall be rein stated and no new driver's license shall be issued to any DUI offender absent proof of completion of an approved DUI Alcohol or Drug Use Risk Reduction program.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Alien Balfour Baugh Blitch Boshears Broun of 46th Brown of 26th Cheeks Clay Coleman Crotts Dawkins
Day Dean Egan Farrow

Garner Gillis Glanton Gochenour Harbison Hemmer Henson Hill Hooks Huggins Isakson Kemp Langford of 35th Langford of 29th Madden Marable

Those not voting were Senators:

Abernathy Bowen Burton

Edge Scott Taylor

Middleton Newbill Oliver Parrish Perdue Pollard Ragan of llth Ragan of 32nd Ralston Ray Robinson Slotin Starr Thomas Thompson Turner
Tysinger Walker

MONDAY, MARCH 8, 1993

1145

On the passage of the bill, the yeas were 48, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SB 312. By Senators Henson of the 55th, Thomas of the 10th and Parrish of the 43rd:
A bill to amend Title 37 of the Official Code of Georgia Annotated, relating to mental health, so as to authorize a clinical nurse specialist in psychiatric/mental health to perform certain acts which physicians, psychologists, and clinical social workers are authorized to perform regarding persons who are mentally ill or alco holic or drug dependent individuals; to define a term.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

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 Balfour Baugh Blitch Boshears Bowen Broun of 46th Brown of 26th BChuerteokns
Clay Coleman Crotts
Day Dean Edge Egan

Farrow Garner Gillis Glanton Gochenour Harbison Hemmer Henson HHoilol ks
Huggins Isakson Kemp
Langford of 35th Langford of 29th Madden Marable

Middleton

Newbill

Oliver

Parrish

Perdue

Pollard

Ragan of llth

R

fd

Dafls.ton

Kay Robinson Slotm
Taylor Thomas Thompson Turner

Those not voting were Senators:

Abernathy Dawkins

Scott Starr

Tysinger Walker

On the passage of the bill, the yeas were 50, nays 0.

The bill, having received the requisite constitutional majority, was passed.

The following general bill of the Senate, having been withdrawn from the Committee on Consumer Affairs on March 2 and committed to the Committee on Urban and County Af fairs (General), and favorably reported by the committee, was read the third time and put upon its passage:

SB 314. By Senator Clay of the 37th:
A bill to amend Code Section 3-3-7 of the Official Code of Georgia Annotated, relating to local authorization and regulation of sales of alcoholic beverages on Sunday, so as to authorize and regulate the sale of alcoholic beverages for con sumption on the premises on Sunday in certain municipalities during certain

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hours; to provide for practices, procedures, and requirements related thereto; to provide an effective date.

The Senate Committee on Urban and County Affairs offered the following substitute to SB 314:

A BILL
To be entitled an Act to amend Chapter 3 of Title 3 of the Official Code of Georgia Annotated, relating to regulation of alcoholic beverages, so as to authorize and regulate the sale of alcoholic beverages for consumption on the premises on Sunday in certain municipal ities during certain hours; to provide for practices, procedures, and requirements related thereto; to prohibit the consumption of alcoholic beverages by certain persons employed by premises licensed to dispense alcoholic beverages during such employees' hours of employ ment; 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 3 of Title 3 of the Official Code of Georgia Annotated, relating to regulation of alcoholic beverages, is amended in Code Section 3-3-7, relating to local author ization and regulation of sales of alcoholic beverages on Sunday, by adding at the end thereof a new subsection (m) to read as follows:
"(m) In all municipalities or in any portion of any municipality in which the sale of alcoholic beverages is lawful, the governing authority of the municipality may authorize the sale of alcoholic beverages for consumption on the premises at any time from 11:55 P.M. on Saturdays until 2:55 A.M. on Sundays by the adoption of an ordinance or resolution. The provisions of this subsection are in addition to or cumulative of and not in lieu of any other provisions of this title granting certain authority to a county or municipality relative to the sale of alcoholic beverages for consumption on the premises."
Section 2. Said chapter is further amended by inserting at the end thereof the following:
"3-3-47. It shall be unlawful for any person employed or working in any capacity in any licensed premises who is employed on an hourly basis or whose compensation is comprised in whole or in part of gratuities given by patrons of such licensed premises to consume any alcoholic beverage on such licensed premises during such person's hours of employment."
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 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:

Alien Balfour Bowen Brown of 26th Cheeks Clay Coleman

Crotts Dawkins Dean Edge Egan Garner Gillis

Harbison Henson Hill Hooks Isakson Kemp Langford of 35th

MONDAY, MARCH 8, 1993

1147

Langford of 29th Newbill Oliver Parrish

Ragan of llth Robinson Slotin Taylor

Thomas Thompson Turner Tysinger

Those voting in the negative were Senators:

Baugh Blitch BrBB>oruosruthonenaroscf 4.I/6MtAh,
Day Farrow

Glanton Gochenour HuMMeuamgdgdmienensr
Marable Middleton

Perdue Pollard RRRaagfl,,s,,at_nonofe 3O o2ndA
Rfly Starr

Those not voting were Senators:

Abernathy

Scott

Walker

On the passage of the bill, the yeas were 33, nays 20.

The bill, having received the requisite constitutional majority, was passed by substitute.

Senator Hemmer of the 49th introduced the doctor of the day, Dr. John Hemmer, of Gainesville, Georgia.

The following general bills of the Senate, favorably reported by the committees, were read the third time and put upon their passage:

SB 316. By Senators Marable of the 52nd, Newbill of the 56th, Scott of the 36th and Henson of the 55th:
A bill to amend Code Section 20-2-282 of the Official Code of Georgia Annotated, relating to evaluation of schools, so as to change the standards for designation as "high-achieving schools".

The Senate Committee on Education offered the following substitute to SB 316:

A BILL
To be entitled an Act to amend Code Section 20-2-282 of the Official Code of Georgia Annotated, relating to evaluation of schools, so as to change the standards for the exemp tion from certain evaluations; to provide for "exempt school" designations; to repeal con flicting 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 evaluation of schools, is amended by striking subsection (e.l) thereof and inserting in its place the following:
"(e.l) The state board shall, subject to the requirements of subparagraph (a)(l)(D) of this Code section, establish criteria for determining whether local schools significantly ex ceed expectations based on performance of students in educational programs. A school's expectation shall be calculated based on the demographic characteristics of its student body, so as to allow for comparisons between schools to be made on an equitable basis. Local schools which score in the highest 36 30 percent of a demographic group of comparable schools will be deemed to be significantly~exceeding expectations in a given year and desig nated 'high achieving exempt schools.' Schools designated as high achieving exempt schools

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will not be subject to comprehensive evaluations for those functions described in subparagraph (a)(l)(B), (a)(l)(C), or (a)(l)(I) of this Code section, as long as the school maintains the designation 'high-achieving exempt school.' Schools and school districts which have had a standards review within the last four years will continue on the five-year cycle as man dated by law."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 35, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Alien Balfour Baugh Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cheeks Clay Coleman Crotts Dawkins Day Dean Edge

Egan Farrow Garner Gillis Glanton Gochenour Harbison Hemmer Hill Hooks Huggins Kemp Langford of 35th Langford of 29th Madden Marable Middleton

Newbill Oliver Parrish Perdue Pollard Ragan of llth Ragan of 32nd Ralston Ray Robinson Slotin Starr Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Abernathy Henson

Isakson Scott

Taylor

On the passage of the bill, the yeas were 51, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

SB 326. By Senators Hill of the 4th, Marable of the 52nd, Perdue of the 18th and Pollard of the 24th:
A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to require insurance coverage for certain types of anti-cancer drug therapy; to provide for definitions; to provide for conditions of coverage; to provide for enforcement; to provide for applicability.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

MONDAY, MARCH 8, 1993

1149

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 Balfour Baugh Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cheeks Clay Coleman Crotts Dawkins Day Dean Egan

Farrow Garner Gillis Glanton Harbison Hemmer Henson Hill Hooks Huggins Isakson Kemp Langford of 35th Langford of 29th Madden Marable Middleton

Oliver Parrish Perdue Pollard Ragan of llth Ragan of 32nd Ralston Ray Robinson Scott Slotin Starr Thomas Thompson Turner Tysinger Walker

Voting in the negative was Senator Gochenour.

Those not voting were Senators:

Abernathy Edge

Newbill

Taylor

On the passage of the bill, the yeas were 51, nays 1.

The bill, having received the requisite constitutional majority, was passed.

The following bills of the House were read the first time and referred to committees:

HB 302. By Representatives Benefield of the 96th, Dixon of the 150th, Brooks of the 103rd and Crawford of the 129th:
A bill to amend Code Section 32-6-1 of the Official Code of Georgia Annotated, relating to obstructing, encroaching on, or injuring public roads, so as to provide for reimbursement to the Department of Transportation for costs of removal of obstructions and encroachments and repair of injuries to the public roads.
Referred to Committee on Transportation.

HB 343. By Representatives Thomas of the 100th, Bostick of the 165th and Barnes of the 33rd:
A bill to amend Article 1 of Chapter 16 of Title 15 of the Official Code of Georgia Annotated, relating to sheriffs in general, so as to provide that sheriffs may hire their own legal counsel to defend all or specified civil, criminal, or quasi-criminal actions brought against such sheriff for actions arising out of the performance of such sheriffs duties or in any way connected therewith, whether based upon neg ligence, violation of contract rights, or violation of civil, or statutory rights.
Referred to Committee on Judiciary.

HB 472. By Representatives Johnson of the 84th, Dix of the 76th, Johnston of the 81st and others:
A bill to amend Code Section 48-13-51 of the Official Code of Georgia Annotated, relating to county and municipal excise tax levies on public accommodations

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charges for the promotion of tourism, conventions, and trade shows, so as to au thorize expenditures of such tax proceeds for certain conventions and trade show facilities funded by special county sales and use taxes. Referred to Committee on Finance and Public Utilities.
HB 781. By Representative Cummings of the 27th:
A bill to amend Code Section 47-3-60 of the Official Code of Georgia Annotated, relating to eligibility for membership in the Teachers Retirement System of Georgia and related matters, so as to provide that employees of the Department of Technical and Adult Education who retire and who are subsequently rehired by such department may not then elect to become members of a retirement sys tem other than the system under which they initially retired. Referred to Committee on Retirement.
HB 936. By Representative Barnes of the 33rd: A bill to amend Code Section 15-16-13 of the Official Code of Georgia Annotated, relating to the authorization for the sheriff to contract with municipalities to pro vide law enforcement services, so as to provide for the intent of said Code sec tion; to provide that the provisions of such Code section shall not affect, limit, or impair the rights, duties, and powers of sheriffs within the corporate limits of municipalities.
Referred to Committee on Public Safety.
HB 960. By Representatives Parham of the 122nd and Lord of the 121st:
A bill to amend an Act providing for the election of members of the board of education of Baldwin County, so as to change the composition of education dis tricts from which members of the board of education are elected. Referred to Committee on Urban and County Affairs.
HB 961. By Representatives Parham of the 122nd and Lord of the 121st:
A bill to amend an Act creating a board of commissioners of Baldwin County, so as to change the composition of commissioner districts from which members of the board are elected. Referred to Committee on Urban and County Affairs.
HB 976. By Representatives Harris of the 112th and Yeargin of the 90th:
A bill to amend an Act providing compensation for the treasurer of Lincoln County, so as to abolish the office of treasurer at the end of the current term of office or upon any earlier vacancy in such office. Referred to Committee on Urban and County Affairs.
HB 978. By Representative Holland of the 157th:
A bill to amend an Act entitled "An Act to incorporate the town of Sumner," so as to provide for incorporation, boundaries, and powers of the town; to provide for a governing authority of such town. Referred to Committee on Urban and County Affairs.
HB 982. By Representative Crawford of the 129th:
A bill to further define, prescribe, clarify, and enlarge the powers of the Thomaston-Upson County Office Building Authority. Referred to Committee on Urban and County Affairs.

MONDAY, MARCH 8, 1993

1151

HB 984. By Representative Bargeron of the 120th: A bill to amend an Act to make provisions for the Magistrate Court of Jefferson County, so as to change the compensation of the chief magistrate.
Referred to Committee on Urban and County Affairs.
HB 985. By Representative Crawford of the 129th: A bill to create the Pike County Arts Facility Authority.
Referred to Committee on Urban and County Affairs.
HB 987. By Representative Parrish of the 144th: A bill to amend an Act incorporating the City of Twin City in Emanuel County, so as to change the corporate limits of the city.
Referred to Committee on Urban and County Affairs.
HB 990. By Representative Perry of the llth: A bill to amend an Act incorporating the City of Menlo, so as to change the provisions relating to city elections; to provide for the election and terms of office of the mayor and councilmen.
Referred to Committee on Urban and County Affairs.
HB 991. By Representative Hanner of the 159th: 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 995. By Representative Holland of the 157th: A bill to amend an Act entitled "An Act to provide and establish a new charter for the town of Sycamore, in the County of Turner," so as to provide for terms of the mayor and councilmen.
Referred to Committee on Urban and County Affairs.
HB 996. By Representative Holland of the 157th: A bill to amend an Act to incorporate the Town of Rebecca, in Wilcox County, so as to provide for the election and terms of a major and five councilmembers.
Referred to Committee on Urban and County Affairs.
HB 1001. By Representatives Buck of the 135th, Culbreth of the 132nd, Smyre of the 136th and others: A bill to amend an Act providing an annual salary for the coroner of Muscogee County in lieu of the fee system of compensation, so as to change the compensa tion of the coroner.
Referred to Committee on Urban and County Affairs.
HB 1002. By Representatives Buck of the 135th, Culbreth of the 132nd, Smyre of the 136th and others: A bill to provide that the governing authority of the county-wide government of Columbus shall be authorized to provide for salary supplements for certain of ficers, officials, and employees of the county-wide government.
Referred to Committee on Urban and County Affairs.

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HB 1003. By Representatives Buck of the 135th Culbreth of the 132nd, Smyre of the 136th and others:
A bill to amend an Act establishing the salary of the sheriff of Muscogee County, so as to change the salary of the sheriff. Referred to Committee on Urban and County Affairs.
HB 1004. By Representatives Greene of the 158th and White of the 161st:
A bill to provide compensation for the members of the board of education of Baker County, so as to change the compensation of the chairperson and members of said board. Referred to Committee on Urban and County Affairs.
HB 1010. By Representative Smith of the 169th:
A bill to amend an Act abolishing the present mode of compensating the clerk of the Superior Court, the judge of the Probate Court, and the tax commissioner of Brantley County, known as the fee system, and providing in lieu thereof annual compensation for such officers, so as to provide for the compensation of the sher iff of Brantley County and the chief magistrate of the Magistrate Court of Brantley County. Referred to Committee on Urban and County Affairs.
HB 1013. By Representatives Yates of the 106th and Carlisle of the 107th:
A bill to amend an Act abolishing the fee system as the mode of compensation of certain Spalding County officers and providing in lieu thereof salaries for the compensation of such officers, so as to provide remuneration for the Judge of the Probate Court of Spalding County for the performance of duties provided for under the laws of the United States or regulations promulgated pursuant to such laws. Referred to Committee on Urban and County Affairs.
HB 1014. By Representatives Yates of the 106th and Carlisle of the 107th:
A bill to amend an Act creating the Spalding County Water and Sewerage Facili ties Authority, so as to change the number of members of said authority from seven to nine. Referred to Committee on Urban and County Affairs.
HB 1015. By Representatives Walker of the 141st, Floyd of the 138th and James of the 140th:
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 1016. By Representatives Walker of the 141st, Floyd of the 138th and James of the 140th:
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.

MONDAY, MARCH 8, 1993

1153

HB 1017. By Representatives Carrell of the 87th and Johnson of the 84th:
A bill to amend an Act creating a Board of Commissioners of Walton County, so as to reconstitute such board of commissioners; to provide for commissioner districts.
Referred to Committee on Urban and County Affairs.

HB 1018. By Representatives Randall of the 127th, Lucas of the 124th, Groover of the 125th and others:
A bill to amend an Act establishing the Board of Public Education and Orphan age for Bibb County, so as to change provisions relating to the certification and levy of the school tax; to delete a provision which requires the board of education to furnish a copy of the final school budget to the board of county commissioners for its review and approval.
Referred to Committee on Urban and County Affairs.

The following general bills of the Senate, favorably reported by the committees, were read the third time and put upon their passage:

SB 339. By Senators Robinson of the 16th, Henson of the 55th, Pollard of the 24th and Harbison of the 15th:
A bill to amend Code Section 45-20-2 of the Official Code of Georgia Annotated, relating to definitions regarding the State Merit System of Personnel Adminis tration, so as to provide for the reclassification of certain employees employed by the Commissioner of Insurance; to provide an effective date.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Alien Balfour Baugh Blitch Boshears Bowen Broun of 46th Brown of 26th CBhuerteokns Clay
Coleman Crotts Day Dean Edge Egan

Farrow Gillis Glanton Gochenour Harbison Hemmer Henson Hooks IHsaukeseoinns Kemp
Langford of 35th Langford of 29th Madden Marable Middleton Newbill

Oliver Parrish Perdue Pollard Ragan of llth Ragan of 32nd Rolat^n TM l ,,Ro;bi. nson Slotm
starr Taylor Thompson Turner Tysinger Walker

Those not voting were Senators:

Abernathy Dawkins

Garner Hill

Scott Thomas

On the passage of the bill, the yeas were 50, nays 0.

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JOURNAL OF THE SENATE

The bill, having received the requisite constitutional majority, was passed.

SB 342. By Senator Madden of the 47th:
A bill to amend Part 6 of Article 7 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, the "Upper Savannah River Development Authority Act," so as to change the membership of the authority; to change the operational jurisdic tion of the authority; to revise the scope and definition of a project of the author ity; to remove the prohibition on acquisition of encumbered property; to charge tolls, fees, rents, and assessments for use of authority property.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

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 Balfour
Baugh Blitch Boshears
Bowen Broun of 46th Brown of 26th Burton Cheeks Clay Coleman Crotts Day Dean
Egan

Farrow Garner
Glanton Gochenour Hemmer
Henson Hill Hooks Huggins Kemp Langford of 35th Langford of 29th Madden Marable Middleton
Newbill

Oliver Parrish Pollard Ragan of llth Ragan of 32nd Raktnn T St
Starr Taylor Thomas Turner Tysinger Walker

Those not voting were Senators:

Abernathy Dawkins Edge

Gillis Harbison Isakson

Perdue Scott Thompson

On the passage of the bill, the yeas were 47, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SB 343. By Senator Coleman of the 1st:
A bill to amend Code Section 32-6-51 of the Official Code of Georgia Annotated, relating to erection or maintenance of unlawful or unauthorized structures on public roads, so as to change a definition; to require permits from the Depart ment of Transportation for bus shelters on state or federal aid primary roads, and to authorize local governments to require approval for bus shelters on certain other roads; to provide for orders; to remove shelters in violation.

The Senate Committee on Transportation offered the following substitute to SB 343:

A BILL To be entitled an Act to amend Code Section 32-6-51 of the Official Code of Georgia

MONDAY, MARCH 8, 1993

1155

Annotated, relating to erection or maintenance of unlawful or unauthorized structures on public roads, so as to change a definition, to require permits from the Department of Trans portation for bus shelters on state or federal aid primary roads, and to authorize local gov ernments to require approval for bus shelters on certain other roads; to provide for approval by a public transit authority in certain circumstances; to provide for orders to remove shel ters in violation; to provide for removal and a statement of expenses; to allow for shelters on certain roads erected by persons other than local governments or public transportation au thorities; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 32-6-51 of the Official Code of Georgia Annotated, relating to erection or maintenance of unlawful or unauthorized structures on public roads, is amended by striking in its entirety subsection (d) and inserting a new subsection to read as follows:
"(d) (1) As used in this subsection, the term:
(A) 'Bus shelter' means a shelter or bench located at bus stops for the convenience of passengers of public transportation systems owned and operated by governmental units or public authorities or located along county or municipality rights of way for the convenience of residents.
(B) 'Commercial advertisement' means a printed or painted sign encouraging or pro moting the purchase or use of goods or services but does not include campaign posters, signs, or advertisements prohibited by Code Section 21-1-1.
(2) Bus shelters, including those on which commercial advertisements are placed, may be erected and maintained on the rights of way of public roads subject to the following conditions and requirements:
(A) Any public transit system wishing to erect and maintain a bus shelter on the right of way of a public state or federal aid primary road shall apply to the department for a permit, and as a condition of the issuance of the permit, the department must approve the bus shelter building plans and the location of the bus shelter on the right of way; provided, however, that such approval is subject to any and all restrictions imposed by Title 23, U.S.C., and Title 23, Code of Federal Regulations relating to the federal-aid system. This subsection paragraph shall entitle only public transit systems or their designated agents the right to be issued permits under this subsection paragraph;
(B) If the bus shelter is to be located on the right of way of a public road other than a state or federal aid primary road within a county or municipality, the respective county or municipality HHiat also approveTs authorized to require approval of the erection and main tenance of the bus shelter, and for that purpose, a-eepy of the application to the department shall be sent made to the respective county or municipality. When the county or municipal ity is served by a public transit authority, the applications~for all bus shelters on routes of the authority shall be made to the transit authority and subject to the approval of the au thority; and
(C) As a condition of issuing a permit for the erection of a bus shelter on the right of way of a public state or federal aid primary road, the department shall require that the bus shelter shall be properly maintained and that its location shall meet minimum setback re quirements as follows:
(i) Where a curb and gutter are present, there shall be a minimum of four feet clearance from the face of the curb to any portion of the bus shelter or the bus shelter shall be placed at the back of the existing concrete sidewalk; or
(ii) Where no curb or gutter is present, the front of the bus shelter shall be at least ten feet from the edge of the main traveled roadway.
(3) Any bus shelter erected and maintained on the right of way of a public road in violation of paragraph (2) of this subsection or in violation of the conditions of the permit issued by the department or in violation of the conditions of the consent of the county or

1156

JOURNAL OF THE SENATE

municipality is declared to be a public nuisance and its removal may be ordered by the department or the governing authority of the respective county or municipality. If such a bus shelter is not removed by its owner within 30 days after its owner has been issued a written order of removal by the department or the governing authority of the respective county or municipality, the department or the"governing authority of the respective county or municipality may cause the bus shelter to be removed and submit a statement of ex penses incurred in the removal to the owner of the bus shelter. In the case of a statement of expenses for removal of a shelter on a state or federal aid primary road, if tf payment or arrangement to make payment is not made within 60 days after the receipt of such state ment, the department shall certify the amount thereof to the Attorney General for collec tion. When a bus shelter is located on a county road system or on a municipal street ayatcm, the department may delegate ita powers under this paragraph to the respective county or municipality, and the respective county or municipality shall cooperate with and asaiat the department in enforcing the conditions of permits issued by the department pursuant to the provisions of thia subsection.
(4) The person to whom a permit has been issued for the erection and maintenance of a bus shelter on the right of way of a public road shall at all times assume all risks for the bus shelter and shall indemnify and hold harmless the State of Georgia, the department, and any county or municipality against all losses or damages resulting solely from the existence of the bus shelter.
(5) Permits for shelters on state or federal aid primary roads shall be issued under this subsection only to cities, counties, or public transportation authorities owning or operating public transportation systems or their designated agents."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 30, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Alien Balfour Baugh Blitch Boshears Bwen Broun of 46th Brown of 26th Burton Cheeks Coleman Crotts Day
Dean
Egan
Farrow Garner

Gillis Glanton Gochenour Hemmer Henson Hill Hooks Huggins Isakson Kemp Langford of 35th Langford of 29th Madden
Marable
Middleton
Newbill Oliver

Parrish Perdue Pollard Ragan of nth Ragan of 32nd Ralston P Robinson 01 . flotm btarr Tavlor Thomas
Thompson
Turner
Tysinger Walker

MONDAY, MARCH 8, 1993

1157

Those not voting were Senators:

Abernathy Clay

Dawkins Edge

Harbison Scott

On the passage of the bill, the yeas were 50, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

SB 346. By Senators Robinson of the 16th and Harbison of the 15th:
A bill to amend Code Section 7-1-320 of the Official Code of Georgia Annotated, relating to definitions with regard to affiliate transfers between certain financial institutions, so as to provide that an affiliate transfer shall include a transfer of fiduciary capacities from a bank to an affiliated bank authorized to exercise trust powers; to provide that an affiliated trust company shall include an affiliated bank authorized to exercise trust powers.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

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 Balfour Baugh Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cheeks Clay Coleman Crotts Day Dean Edge Egan

Farrow Garner Gillis Glanton Gochenour Hemmer Henson Hill Huggins Isakson Kemp Langford of 35th Langford of 29th Madden Marable Middleton Newbill

Oliver Parrish Perdue Pollard Ragan of llth Ragan of 32nd Ralston Ray Robinson Slotin Starr Taylor Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Abernathy Dawkins

Harbison Hooks

Scott

On the passage of the bill, the yeas were 51, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SB 347. By Senators Robinson of the 16th and Harbison of the 15th:
A bill to amend Code Section 7-1-394 of the Official Code of Georgia Annotated, relating to the investigation of and approval or disapproval of banks and trust companies, so as to authorize the Department of Banking and Finance to estab lish by rule or as a condition to the approval of articles of incorporation of a special purpose bank certain special conditions; to provide for editorial revision.

1158

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:

Abernathy Alien Balfour Baugh Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cheeks Clay
Coleman Crotts Day Dean Edge Egan

Farrow Garner Gillis Glanton Gochenour Hemmer Henson Hill Hooks Huggins Isakson Kemp Langford of 35th Langford of 29th Madden Marable Middleton

Newbill Oliver Parrish Perdue Pollard Ragan of llth Ragan of 32nd Ralston Ray Robinson Slotin Starr Taylor Thomas Thompson Turner Tysinger

Those not voting were Senators:

Dawkins Harbison

Scott

Walker

On the passage of the bill, the yeas were 52, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SB 352. By Senators Middleton of the 50th, Marable of the 52nd, Thompson of the 33rd and others:
A bill to amend Code Section 20-2-915 of the Official Code of Georgia Annotated, relating to health insurance coverage for retiring and retired public school em ployees and certain other employees, so as to provide for such coverage for all such persons.

The Senate Committee on Health and Human Services offered the following substitute to SB 352:

A BILL
To be entitled an Act to amend Code Section 20-2-915 of the Official Code of Georgia Annotated, relating to health insurance coverage for retiring and retired public school em ployees and certain other employees, so as to provide for such coverage for all such persons; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 20-2-915 of the Official Code of Georgia Annotated, relating to health insurance coverage for retiring and retired public school employees and certain other

MONDAY, MARCH 8, 1993

1159

employees, is amended by striking in its entirety subsection (a) and inserting in lieu thereof the following:
"(a) The contract or contracts shall provide for health insurance for retiring public school employees and their spouses and dependent children, as defined by the regulations of the board, under such terms as the board may deem appropriate. The board shall adopt regulations prescribing the conditions under which an employee or retiring employee may elect to participate in or withdraw from the health insurance plan; provided, however, that any such persons who is eligible to receive a benefit under Chapter 3 or 4 of Title 47 shall be entitled to continue health benefit coverage from active service by authorizing deductions from the retiree's retirement benefit or by paying a quarterly premium directly to the board. For retirees who pay directly, the participation rate shall be the same as the rate charged to other retired direct payees. Surviving spouses of direct paying retirees shall be eligible to continue coverage at the death of the retiree under the same conditions as the retiree but shall not be eligible to include additional persons in the contract after the retiree's death. The board may limit the choices of direct paying retirees to the level of coverage supported by the employer contribution authorized under this Code section."
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 Guy Middleton

State Senator

FROM:

Claude L. Vickers, State Auditor Henry M. Huckaby, Director, Office of Planning and Budget

DATE:

March 4, 1993

SUBJECT: Fiscal Note - Senate Bill 352 (Substitute) (LC 21 2386S) Change in Health Insurance Coverage

This bill would provide that all retiring and retired teachers and public school employ ees are entitled to continue health benefit coverage by authorizing deductions from their retirement benefits or by paying a quarterly premium directly to the State Personnel Board. Currently, Personnel Board rules do not allow retirees to continue health plan coverage if a retiree's benefits are not of an amount sufficient to pay health plan premiums.

This bill would have a fiscal impact; however, the additional cost to the State cannot be determined since the State Merit System cannot reasonably estimate the number of retirees who would become eligible subsequent to the passage of the bill and the number of retirees in this category who would choose to continue health plan coverage. This bill would allow an increase in the number of persons participating in the health plan. The State Merit System estimates that in fiscal year 1994, health benefit coverage will cost, on average, $3,561 per person. Premiums paid by employees/retirees cover 25% of this cost, while employer contri butions cover the remaining costs.

/s/ Claude L. Vickers State Auditor

/s/ Henry M. Huckaby Director, Office of Planning and Budget

On the adoption of the substitute, the yeas were 45, nays 0, and the substitute was adopted.

1160

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:

Abernathy Alien Baugh Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cheeks Clay Coleman Crotts Dawkins Dean Egan

Farrow Garner Gillis Glanton Harbison Hemmer Henson Hill Muggins Isakson Kemp Langford of 35th Langford of 29th Madden Marable Middleton

Oliver Parrish Perdue Pollard Ragan of llth Ragan of 32nd Ralston Ray Robinson Slotin Starr Taylor Thomas Thompson Turner Walker

Those voting in the negative were Senators:

Balfour Day

Edge Gochenour

Newbill Tysinger

Not voting were Senators Hooks and Scott.

On the passage of the bill, the yeas were 48, nays 6.

The bill, having received the requisite constitutional majority, was passed by substitute.

Time having arrived for the entertainment of the reconsideration motion, Senator Henson of the 55th moved that the Senate reconsider its action previously today in defeating the following bill of the Senate:

SB 131. By Senators Parrish of the 43rd and Henson of the 55th:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide for a program for registration of electors; to provide that license examiners employed by the Department of Public Safety shall be deputy registrars; to provide for powers and duties of such deputy registrars; to provide rule-making authority; to provide for a contingent effective date.

On the motion, the yeas were 35, nays 11; the motion prevailed, and SB 131 was recon sidered and placed at the foot of the Senate General Calendar.

The following general bills and resolutions of the Senate, favorably reported by the committees, were read the third time and put upon their passage:

SB 357. By Senators Harbison of the 15th, Kemp of the 3rd and Ray of the 19th:
A bill to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates, so as to provide for issuance of special license plates to retired reservists; to provide for procedures and fees; to provide for editorial revisions.

MONDAY, MARCH 8, 1993

1161

Senator Harbison of the 15th moved that SB 357 be committed to the Senate Commit tee on Defense and Veterans Affairs.

On the motion, the yeas were 45, nays 0; the motion prevailed, and SB 357 was commit ted to the Senate Committee on Defense and Veterans Affairs.

SB 358. By Senators Perdue of the 18th, Robinson of the 16th, Edge of the 28th and Oliver of the 42nd:
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 authorize the juvenile courts to use supervision fees to provide mediation services; to provide an effective date.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Alien Balfour Baugh Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cheeks Clay Coleman Crotts Dawkins Day Dean Edge

Egan Farrow Garner Gillis Glanton Gochenour Harbison Hemmer Henson Hill Hooks Huggins Kemp Langford of 35th Langford of 29th Madden Marable Middleton

Newbill Oliver Parrish Perdue Pollard Ragan of llth Ragan of 32nd Ralston Ray Robinson Slotin Starr Taylor Thomas Thompson Turner Tysinger Walker

Not voting were Senators Isakson and Scott.

On the passage of the bill, the yeas were 54, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SB 359. By Senator Robinson of the 16th:
A bill to amend Code Sections 7-1-289 and 7-1-290 of the Official Code of Geor gia Annotated, relating to security interests which may be pledged by banks and powers of a bank to act as surety or guarantor, Chapter 8 of Title 45, relating to the accounting of public funds, and Code Section 50-17-59 of the Official Code of Georgia Annotated, relating to deposits of securities, so as to provide that a bank may pledge or otherwise grant security interests in its assets to secure deposits of public funds.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

1162

JOURNAL OF THE SENATE

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Alien Balfour
Baugh Blitch Boshears
SBroWwenn of, 2,,6thL
BPhuprptokns Q,l^IleeKS Coleman Crotts Dawkins Day Dean Edge Farrow Garner

Gillis Glanton
Gochenour Harbison Hemmer
Hffieunson
H,,ook, s T HTuggi ns Isakson KemP Langford of 35th Langford of 29th Madden Marable Middleton Newbill

Oliver Parrish
Perdue Pollard Ragan of llth
RRaagf8atnonof 32nd
DRay TR- ob1 m son Slotin Starr Taylor Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Abernathy Broun of 46th

Egan

Scott

On the passage of the bill, the yeas were 52, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SB 367. By Senators Harbison of the 15th, Glanton of the 34th, Kemp of the 3rd and others:
A bill to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige and special license plates, so as to provide for the issuance of special license plates for retired members of the various branches of the armed forces of the United States; to provide for application procedures, fees, and transfer of such plates.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

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 Balfour Baugh Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cheeks

Clay Coleman Crotts Dawkins Day Dean Edge Egan Farrow Garner

Gillis Glanton Gochenour Harbison Hemmer Henson Hill Hooks Huggins Isakson

MONDAY, MARCH 8, 1993

1163

Kemp Langford of 35th Langford of 29th Madden Marable Middleton Newbill Oliver

Parrish Perdue Pollard Ragan of llth Ragan of 32nd Ralston Ray Robinson

Slotin Starr Taylor Thomas Thompson Turner Tysinger Walker

Not voting were Senators Abernathy and Scott.

On the passage of the bill, the yeas were 54, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SB 368. By Senators Burton of the 5th, Harbison of the 15th and Glanton of the 34th:
A bill to amend Title 38 of the Official Code of Georgia Annotated, relating to military, emergency management, and veterans affairs, so as to change the provi sions relating to the command of the State Defense Force; to provide for an or derly succession of command; to limit the period of service of the commander of the State Defense Force; to provide for the role, functions, and responsibilities of the State Defense Force.

The report of the committee, which was favorable to the passage of the bill, was agreed
to.

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 Balfour Baugh Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cheeks Clay Coleman Crotts Day Dean Edge

Egan Garner Glanton Gochenour Harbison Hemmer Henson Hill Hooks Huggins Isakson Kemp Langford of 35th Langford of 29th Madden Marable

Middleton Newbill Oliver Parrish Pollard Ragan of llth Ragan of 32nd Ralston Ray Robinson Slotin Starr Thomas Thompson Tysinger Walker

Voting in the negative was Senator Turner.

Those not voting were Senators:

Abernathy Dawkins Farrow

Gillis Perdue

Scott Taylor

On the passage of the bill, the yeas were 48, nays 1.

1164

JOURNAL OF THE SENATE

The bill, having received the requisite constitutional majority, was passed.

SB 369. By Senators Perdue of the 18th and Scott of the 36th:
A bill to amend Code Section 20-2-161.1 of the Official Code of Georgia Anno tated, relating to providing secondary school credit for postsecondary courses, so as to change the provisions relating to funding for eligible institutions.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

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 Balfour Baugh Boshears Bowen Broun of 46th Brown of 26th Burton Cheeks Clay Coleman Crotts Day Dean Edge Egan

Farrow Garner Gillis Glanton Gochenour Harbison Hemmer Henson Hill Hooks Huggins Kemp Langford of 35th Langford of 29th Madden Marable

Middleton Newbill Oliver Parrish Perdue Pollard Ragan of llth Ragan of 32nd Ralston Ray Robinson Slotin Taylor Thompson Turner Tysinger

Those not voting were Senators:

Abernathy Blitch Dawkins

Isakson Scott Starr

Thomas Walker

On the passage of the bill, the yeas were 48, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SB 371. By Senators Turner of the 8th, Ragan of the llth, Blitch of the 7th and others:
A bill to amend Article 3 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to state symbols, so as to designate the "Jekyll Island Musi cal Theatre Festival" as the official state musical theatre of Georgia.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Alien Balfour Baugh Blitch

Boshears Bowen Broun of 46th Brown of 26th

Burton Cheeks Clay Coleman

MONDAY, MARCH 8, 1993

1165

Crotts Day Dean Edge Egan Farrow Garner Gillis Glanton Gochenour Harbison Hemmer Henson

Hill Hooks Huggins Kemp Langford of 35th Langford of 29th Madden Marable Middleton Newbill Oliver Parrish Perdue

Pollard Ragan of llth Ragan of 32nd Ralston Ray Robinson Slotin Taylor Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Abernathy Dawkins

Isakson Scott

Starr

On the passage of the bill, the yeas were 51, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SB 372. By Senator Garner of the 30th:
A bill to amend Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to state purchasing, so as to provide for the purchase by the state and its political subdivisions of certain goods, wares, merchandise, and ser vices produced by community based rehabilitation programs and training cen ters; to repeal a specific provision of law relating to the requirement that goods and services be obtained from sheltered workshops and training centers when certified available.

Senators Ray of the 19th, Garner of the 30th and Burton of the 5th offered the follow ing amendment:

Amend SB 372 by striking on line 22 of page 3 the number "12" and inserting in lieu thereof the number "13".
By inserting immediately following line 28 of page 3 the following:
"(4) The commissioner of corrections or his or her designee;".
By striking on line 29 of page 3 and lines 1 and 4 of page 4, respectively, the symbols and numbers "(4)", "(5)", and "(6)" and inserting in lieu thereof, respectively, the symbols and numbers "(5)", "(6)", and "(7)".
By striking line 8 of page 4 and inserting in lieu thereof the following:
"to paragraphs (5) through (7) in subsection (a) of this".

On the adoption of the amendment, the yeas were 47, 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.

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JOURNAL OF THE SENATE

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Alien
Balfour
Baugh Blitch Boshears

Garner
Gillis
Glanton Gochenour Harbison

5owen ,, , BrBDBC>rhruooerwute.onknnsoofcf 4o26c6tithih. QJ Coleman Crotts Dawkins Day Dean Edge Egan

Henson TTMuH,,HTou-UIog, kgi sins Isakson KemP Langford of 35th Langford of 29th Madden Marable Middleton Newbill

Those not voting were Senators:

Oliver Parrish Perdue Pollard Ragan of llth
Ragan of 32nd RR_RDDaoayl'ibsi*tno,,snon Scott Slotin Starr Taylor Thomas Thompson Turner Tysinger

Abernathy Farrow

Hemmer

On the passage of the bill, the yeas were 52, nays 0.

Walker

The bill, having received the requisite constitutional majority, was passed as amended.

SR 11. By Senators Ragan of the llth, Hemmer of the 49th, Ralston of the 51st and others:
A resolution urging the Atlanta Committee for Olympic Games, the Metropolitan Atlanta Olympic Games Authority, and the other Olympic organizing committees to avail themselves of the green industry 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:

Abernathy Alien Balfour Baugh Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cheeks Clay Coleman Crotts Dawkins

Day Dean Egan Garner Gillis Glanton Gochenour Harbison Hemmer Henson Hill Hooks Huggins Isakson Kemp

Langford of 29th Madden Marable Middleton Newbill Oliver Parrish Perdue Pollard Ragan of llth Ragan of 32nd Ralston Ray Robinson Slotin

MONDAY, MARCH 8, 1993

1167

Starr

Thomas

Taylor

Turner

Those not voting were Senators:

Tysinger

Edge Farrow

Langford of 35th Scott

Thompson Walker

On the adoption of the resolution, the yeas were 50, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

SR 109. By Senators Burton of the 5th, Marable of the 52nd and Tysinger of the 41st:
A resolution creating the Joint Study Committee on Creation of a State Depart ment, Commission, or Agency of the Deaf and Hard of Hearing.

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:

Abernathy Alien Balfour
Baugh Blitch Boshears
nBrouenn ofr 4,.,,6t,h. BDBruorwt. onn of 26th Cheeks Qjav Coleman Crotts Dawkins Day Dean Edge

Egan Farrow Garner
Gillis Glanton Gochenour
HHarbison ,,Hens, on Hoks Huggms Isakson KenP Langford of 35th Langford of 29th Madden Marable

Middleton Newbill Oliver Parrish Perdue Pollard
RRagan off 3ll2tnhd ,,Ralfs,ton
Ray Robinson Slotin Starr Taylor Thomas Turner Tysinger

Those not voting were Senators:

Hill Scott

Thompson

Walker

On the adoption of the resolution, the yeas were 52, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

SB 333. By Senator Coleman of the 1st:
A bill to amend Code Section 32-1-3 of the Official Code of Georgia Annotated, relating to definitions, so as to provide that the definition of "other transporta tion purposes" or "other public transportation purposes" shall include "transpor tation enhancement activities" as that word is defined by federal law; to provide an effective date.

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JOURNAL OF THE SENATE

Senator Coleman of the 1st offered the following amendment:

Amend SB 333 by inserting between the word "amended" and the period on line 25 of page 1 the following:
"by Public Law 102-240 as it existed on January 1, 1993".

On the adoption of the amendment, the yeas were 41, nays 0, and the amendment was adopted.

The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Alien Balfour Baugh Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cheeks Clay Coleman Crotts Dawkins Day Dean Edge Egan

Farrow Garner Gillis Glanton Gochenour Harbison Hemmer Henson Hill Hooks Huggins Isakson Kemp Langford of 35th Langford of 29th Madden Marable Middleton

Newbill Oliver Parrish Perdue Pollard Ragan of 32nd Ralston
iR\uflyv
Robinson Slotin Starr Taylor Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Abernathy

Ragan of llth

Scott

On the passage of the bill, the yeas were 53, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.

The following resolution of the Senate, favorably reported by the committee, was read the third time and put upon its adoption:

SR 199. By Senators Middleton of the 50th and Henson of the 55th:
A resolution urging the Georgia Department of Industry, Trade, and Tourism to assist communities in the promotion of their locales as desirable retirement destinations.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

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1169

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Alien Balfour Baugh Blitch Boshears Bowen Brown of 26th Burton Cheeks Clay Coleman Crotts Dawkins Day Dean Edge Egan

Farrow Garner Gillis Glanton Gochenour Harbison Hemmer Henson Hill Hooks Huggins Isakson Kemp Langford of 35th Langford of 29th Madden Marable Middleton

Newbill Oliver Parrish Perdue Pollard Ragan of llth Ragan of 32nd Ralston Ray Robinson Scott Slotin Starr Taylor Thomas Thompson Turner Tysinger

Not voting were Senators Broun of the 46th and Walker.

On the adoption of the resolution, the yeas were 54, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

The following general resolutions and bill of the Senate, favorably reported by the com mittees, were read the third time and put upon their adoption:

SR 203. By Senators Hill of the 4th, Perdue of the 18th, Taylor of the 12th and others:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize counties and municipal corporations to enter into contracts for the purpose of sharing proceeds of ad valorem taxes assessed and collected on real property located in such county or municipal corporation with other counties or municipal corporations with which the assessing county or municipal cor poration has contracted for the purpose of development of regional industrial parks by such counties or municipal governments; 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 IX, Section IV of the Constitution is amended by adding a new Para graph IV to read as follows:
"Paragraph IV. Notwithstanding any other provision of this Constitution, a county or municipal corporation is authorized to enter into contracts with other counties, municipal corporations, or combinations thereof for the purpose of allocating the proceeds of ad valorem taxes assessed and collected on real property located in such county or municipal corporation with other counties or municipal corporations with which the assessing county or municipal corporation has entered into agreements for the development of a regional industrial park. The allocation of such tax proceeds shall be determined by contract be tween the affected local governments."
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.

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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 counties and munici pal corporations to enter into contracts for the purpose of sharing proceeds of ad valorem taxes assessed and collected on real property located in such county or municipal corporation with other counties or municipal corpora tions with which the assessing county or municipal corporation has con tracted for the purpose of development of regional industrial parks by such counties or municipal governments?

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:

Abernathy Alien Baugh Blitch Boshears
Bowen Broun of 46th Brown of 26th

Farrow Garner Gillis Glanton Gochenour
Harbison Hemmer Hen8on

Newbill Oliver Parrish Perdue Pollard
Ragan of llth Ragan of 32nd Ralston

CQJheeks
Coleman Crotts Dawkins Day Dean Edge Egan

HHiol1oks
Huggins Isakson KemP Langford of 35th Langford of 29th Marable Middleton

RRoa*binson
Scott Slotin Starr Taylor Thompson Turner Tysinger

Those not voting were Senators:

Balfour Madden

Thomas

Walker

On the adoption of the resolution, the yeas were 52, nays 0.

The resolution, having received the requisite two-thirds constitutional majority, was adopted.

SR 238. By Senator Thompson of the 33rd:
A resolution ratifying the change of regional development center boundaries es tablished by the Board of Community Affairs; to provide for an effective date.

MONDAY, MARCH 8, 1993

1171

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 Balfour Baugh Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cheeks Clay Coleman Crotts Dawkins Day Dean Edge

Egan Farrow Gillis Glanton Gochenour Harbison Hemmer Henson Hill Hooks Huggins Isakson Kemp Langford of 35th Langford of 29th Madden Marable

Middleton Newbill Oliver Parrish Perdue Pollard Ragan of 32nd Ray Robinson Scott Slotin Starr Taylor Thompson Turner Tysinger Walker

Those not voting were Senators:

Abernathy Garner

Ragan of llth Ralston

Thomas

On the adoption of the resolution, the yeas were 51, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

SB 290. By Senators Scott of the 36th, Thomas of the 10th, Starr of the 44th and Parrish of the 43rd:
A bill to amend Code Section 20-2-211 of the Official Code of Georgia Annotated, relating to contracts of teachers and other school personnel, so as to change which personnel are eligible for such contracts; to provide an effective date.

Senator Garner of the 30th moved that SB 290 be committed to the Senate Committee on Education.

On the motion, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Balfour Baugh Blitch Boshears Broun of 46th Burton Clay Coleman Crotts Dawkins

Day Edge Egan Farrow Garner Gillis Glanton Gochenour Hemmer Hill

Huggins Isakson Kemp Langford of 29th Madden Newbill Oliver Perdue Pollard Ragan of llth

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JOURNAL OF THE SENATE

Ragan of 32nd Ralston

Robinson Thompson

Turner Tysinger

Those voting in the negative were Senators:

Abernathy Alien Brown of 26th Cheeks Dean Harbison

Henson Hooks Langford of 35th Marable Middleton Parrish

Scott Slotin Starr Taylor Thomas Walker

Not voting were Senators Bowen and Ray.

On the motion, the yeas were 36, nays 18; the motion prevailed, and SB 290 was com mitted to the Senate Committee on Education.

The following message was received from the House through Mr. Rivers, the Clerk thereof:

Mr. President:

The House has passed by the requisite constitutional majority the following bills of the House:

HB 527. By Representatives Bannister of the 77th, Ehrhart of the 36th, Stancil of the 16th, Culbreth of the 132nd, Lawrence of the 64th and others:
A bill to amend Article 5 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to group workers' compensation self-insurance funds, so as to provide that no person shall solicit membership or participation in any such fund unless such person has an agent's license or a counselor's license issued pursuant to Article 1 of Chapter 23 of Title 33 of the Official Code of Georgia Annotated.

HB 928. By Representative Benefleld of the 96th:
A bill to amend Article 1 of Chapter 2 of Title 10 of the Official Code of Georgia Annotated, relating to general provisions relative to weights and measures, so as to define a certain term; to provide that a dispensing device used to dispense compressed natural gas shall display the measurement of such gas in a certain manner; to amend Code Section 48-9-3 of the Official Code of Georgia Anno tated, relating to the levy of excise tax on distributors who sell or use motor fuel and related matters.

HB 489. By Representatives Martin of the 47th and Campbell of the 42nd:
A bill to amend Title 5 of the Official Code of Georgia Annotated, relating to appeal and error, so as to provide for reporting of court proceedings by a court reporter; to amend Title 9 of the Official Code of Georgia Annotated, relating to civil practice, so as to provide that depositions may be taken by a court reporter; to amend Title 15 of the Official Code of Georgia Annotated, relating to courts so as to revise the definition of "court reporting".

HB 949. By Representatives Chambless of the 163rd, Williams of the 114th, Towery of the 30th and Milam of the 130th:
A bill to amend Chapter 13 of Title 33 of the Official Code of Georgia Annotated, relating to insurance holding company systems, and Chapter 14 of Title 33 of the

MONDAY, MARCH 8, 1993

1173

Official Code of Georgia Annotated, relating to domestic stock and mutual insur ers, so as to revise provisions regarding the payment of dividends by certain insurers.
HB 941. By Representatives Yeargin of the 90th and Powell of the 23rd:
A bill to amend Part 6 of Article 7 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, the "Upper Savannah River Development Authority Act," so as to change the membership of the authority; to change the operational jurisdic tion of the authority; to revise the scope and definition of a project of the authority.
HB 704. By Representatives Lewis of the 14th, Poag of the 6th, Walker of the 141st, Childers of the 13th, Shanahan of the 10th and others:
A bill to amend Article 2 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to issuance, expiration, and renewal of licenses, so as to pro vide for replacement of licenses by reason of a change of name or address.
HB 211. By Representative Campbell of the 42nd:
A bill to amend Chapter 1 of Title 42 of the Official Code of Georgia Annotated, relating to general provisions relating to penal institutions, so as to provide that the commissioner of corrections shall notify victims of crime of an offender's death, release to the community by furlough or mandatory release, escape, or transfer to a halfway house.
HB 710. By Representatives Purcell of the 147th, Coleman of the 142nd and Parrish of the 144th: A bill to amend Article 3 of Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to the compensation of probate court judges, so as to raise the minimum annual salary of the judges of the probate court.
HB 574. By Representatives Cauthorn of the 35th, Martin of the 47th, Hammond of the 32nd and Henson of the 65th: A bill to amend Chapter 3 of Title 44 of the Official Code of Georgia Annotated, related to the regulation of specialized land transactions, so as to provide for the governance of certain property owners' associations and developments; to provide a short title.
HB 193. By Representatives Hammond of the 32nd and Sherrill of the 62nd: 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 regulate the solicitation of the elderly during certain hours.
HB 920. By Representatives Skipper of the 137th, Hudson of the 156th, Carrell of the 87th, Simpson of the 101st, Stephenson of the 25th 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 a short title; to provide for intent; to provide for definitions; to prohibit certain financial arrangements between re ferring physicians and providers of health care services.
HB 690. By Representative Barnes of the 33rd: A bill to amend Code Section 17-15-8 of the Official Code of Georgia Annotated, relating to persons eligible for awards from the Georgia Crime Victims Compen sation Board, so as to raise the maximum amount which may be awarded for a claim.

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JOURNAL OF THE SENATE

HB 664. By Representatives Smith of the 169th, Byrd of the 170th, Streat of the 167th, Johnson of the 148th, Smith of the 174th and others:
A bill to amend Code Section 48-5-41 of the Official Code of Georgia Annotated, relating to exemptions from ad valorem taxation, so as to provide for an exemp tion for blueberry plants growing in this state.
HB 397. By Representatives Coleman of the 142nd and Streat of the 167th:
A bill to amend Title 35 of the Official Code of Georgia Annotated, relating to law enforcement officers and agencies, so as to provide for the establishment of professional criteria for the receipt and processing of complaints against law en forcement officers.
HB 269. By Representatives Dover of the 9th, Royal of the 164th and Skipper of the 137th:
A bill to amend Article 2 of Chapter 2 of Title 48 of the Official Code of Georgia Annotated, relating to administration of taxation, so as to authorize the state revenue commissioner to release or subordinate all or a portion of certain prop erty subject to certain liens.
HB 170. By Representatives Thomas of the 100th, Chambless of the 163rd, Simpson of the 101st and Cauthorn of the 35th:
A bill to amend Chapter 1 of Title 28 of the Official Code of Georgia Annotated, relating to the General Assembly, so as to provide for the profiling of bills and resolutions prior to legislative sessions; to provide for the preliminary assignment of such matters to committees and consideration of the same by such committees.
HB 482. By Representatives Ehrhart of the 36th, Bannister of the 77th, Maddox of the 108th and Kaye of the 37th:
A bill to amend Article 4 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to insurance of compensation liability in general, so as to provide procedures for the cancellation of workers' compensation insurance by the workers' compensation insurer.
HB 718. By Representatives Powell of the 23rd, Dover of the 9th, Godbee of the 145th, Oliver of the 154th, Harris of the 112th and others:
A bill to amend Code Section 20-2-160 of the Official Code of Georgia Annotated, relating to enrollment counts, so as to change which courses may be counted.
HB 641. By Representatives Coleman of the 142nd, Lord of the 121st and Bargeron of the 120th:
A bill to amend Code Section 44-3-134 of the Official Code of Georgia Annotated, relating to registration of dealers and cemeteries, so as to provide that any nonperpetual care cemetery which is historical and is operated for nonprofit pur poses shall be exempt from registration; to provide an exception.
HB 678. By Representatives Smyre of the 136th, Lee of the 94th and Barnes of the 33rd:
A bill to amend Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, so as to provide for exclusion from the classifica tion of employment for the purposes of unemployment compensation or workers' compensation independent contract carriers who transport, assemble, deliver, or distribute printed materials, for magazine, newspaper, and other publishers, or persons who buy a product and resell it, receiving no other compensation.

MONDAY, MARCH 8, 1993

1175

HB 810. By Representative Jenkins of the 110th: A bill to amend Chapter 66 of Title 36 of the Official Code of Georgia Annotated, relating to zoning procedures, so as to amend definitions; to clarify procedures for adopting a zoning ordinance.
The House has adopted by the requisite constitutional majority the following resolution of the House:
HR 398. By Representatives Felton of the 43rd, Hart of the 116th, Henson of the 65th, Mobley of the 69th and Randolph of the 72nd: A resolution creating the Education Accountability and Evaluation Commission.
The House has agreed to the Senate substitute to the following bill of the House:
HB 843. By Representatives Howard of the 118th, Williams of the 114th, Brown of the 117th, Hart of the 116th and Padgett of the 119th: A bill to amend an Act creating the Augusta-Richmond County Coliseum Au thority, so as to change the name of the Authority; to provide for the expiration of the terms of office of the current members; to provide for appointment and terms of office of new members and their successors.
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 557. By Representative Barnes of the 33rd: A bill to amend an Act creating the Cobb-Marietta Coliseum and Exhibit Hall Authority, so as to change the provisions regarding the appointment of members of the authority.
The Speaker has appointed on the part of the House, Representatives Barnes of the 33rd, Towery of the 30th and Coker of the 31st.
The following bills and resolutions of the House were read the first time and referred to committees:
HR 400. By Representatives McKinney of the 51st, Benefield of the 96th, Canty of the 52nd and others: A resolution designating the Dick Lane Bridge.
Referred to Committee on Transportation.
HB 964. By Representative Smith of the 169th: A bill to amend Code Section 21-2-4 of the Official Code of Georgia Annotated, relating to designation of congressional districts, so as to change the composition of certain congressional districts.
Referred to Committee on Reapportionment.
HB 966. By Representatives Smith of the 169th, Benefield of the 96th, Lane of the 146th and others: A bill to amend Title 32 of the Official Code of Georgia Annotated, relating to highways, so as to enact the Interstate Rail Passenger Network Compact.
Referred to Committee on Transportation.

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JOURNAL OF THE SENATE

HB 527. By Representatives Bannister of the 77th, Ehrhart of the 36th, Stancil of the 16th and others:
A bill to amend Article 5 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to group workers' compensation self-insurance funds, so as to provide that no person shall solicit membership or participation in any such fund unless such person has an agent's license or a counselor's license issued pursuant to Article 1 of Chapter 23 of Title 33 of the Official Code of Georgia Annotated.
Referred to Committee on Insurance and Labor.
HB 928. By Representative Benefield of the 96th:
A bill to amend Article 1 of Chapter 2 of Title 10 of the Official Code of Georgia Annotated, relating to general provisions relative to weights and measures, so as to define a certain term; to provide that a dispensing device used to dispense compressed natural gas shall display the measurement of such gas in a certain manner; to amend Code Section 48-9-3 of the Official Code of Georgia Anno tated, relating to the levy of excise tax on distributors who sell or use motor fuel and related matters.
Referred to Committee on Finance and Public Utilities.
HB 489. By Representatives Martin of the 47th and Campbell of the 42nd:
A bill to amend Title 5 of the Official Code of Georgia Annotated, relating to appeal and error, so as to provide for reporting of court proceedings by a court reporter; to amend Title 9 of the Official Code of Georgia Annotated, relating to civil practice, so as to provide that depositions may be taken by a court reporter; to amend Title 15 of the Official Code of Georgia Annotated, relating to courts so as to revise the definition of "court reporting".
Referred to Committee on Judiciary.
HB 949. By Representatives Chambless of the 163rd, Williams of the 114th, Towery of the 30th and Milam of the 130th:
A bill to amend Chapter 13 of Title 33 of the Official Code of Georgia Annotated, relating to insurance holding company systems, and Chapter 14 of Title 33 of the Official Code of Georgia Annotated, relating to domestic stock and mutual insur ers, so as to revise provisions regarding the payment of dividends by certain insurers.
Referred to Committee on Insurance and Labor.
HB 941. By Representatives Yeargin of the 90th and Powell of the 23rd:
A bill to amend Part 6 of Article 7 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, the "Upper Savannah River Development Authority Act," so as to change the membership of the authority; to change the operational jurisdic tion of the authority; to revise the scope and definition of a project of the authority.
Referred to Committee on Economic Development, Tourism, and Cultural Affairs.
HB 704. By Representatives Lewis of the 14th, Poag of the 6th, Walker of the 141st and others:
A bill to amend Article 2 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to issuance, expiration, and renewal of licenses, so as to pro vide for replacement of licenses by reason of a change of name or address.
Referred to Committee on Public Safety.

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1177

HB 211. By Representative Campbell of the 42nd:
A bill to amend Chapter 1 of Title 42 of the Official Code of Georgia Annotated, relating to general provisions relating to penal institutions, so as to provide that the commissioner of corrections shall notify victims of crime of an offender's death, release to the community by furlough or mandatory release, escape, or transfer to a halfway house. Referred to Committee on Corrections.
HB 710. By Representatives Purcell of the 147th, Coleman of the 142nd and Parrish of the 144th:
A bill to amend Article 3 of Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to the compensation of probate court judges, so as to raise the minimum annual salary of the judges of the probate court. Referred to Committee on Judiciary.
HB 574. By Representatives Cauthorn of the 35th, Martin of the 47th, Hammond of the 32nd and Henson of the 65th:
A bill to amend Chapter 3 of Title 44 of the Official Code of Georgia Annotated, related to the regulation of specialized land transactions, so as to provide for the governance of certain property owners' associations and developments; to provide a short title. Referred to Committee on Special Judiciary.
HB 193. By Representatives Hammond of the 32nd and Sherrill of the 62nd:
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 regulate the solicitation of the elderly during certain hours. Referred to Committee on Youth, Aging and Human Ecology.
HB 920. By Representatives Skipper of the 137th, Hudson of the 156th, Carrell of the 87th 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 a short title; to provide for intent; to provide for definitions; to prohibit certain financial arrangements between re ferring physicians and providers of health care services. Referred to Committee on Health and Human Services.
HB 170. By Representatives Thomas of the 100th, Chambless of the 163rd, Simpson of the 101st and Cauthorn of the 35th:
A bill to amend Chapter 1 of Title 28 of the Official Code of Georgia Annotated, relating to the General Assembly, so as to provide for the profiling of bills and resolutions prior to legislative sessions; to provide for the preliminary assignment of such matters to committees and consideration of the same by such committees. Referred to Committee on Rules.
HB 269. By Representatives Dover of the 9th, Royal of the 164th and Skipper of the 137th:
A bill to amend Article 2 of Chapter 2 of Title 48 of the Official Code of Georgia Annotated, relating to administration of taxation, so as to authorize the state revenue commissioner to release or subordinate all or a portion of certain prop erty subject to certain liens. Referred to Committee on Finance and Public Utilities.

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JOURNAL OF THE SENATE

HB 397. By Representatives Coleman of the 142nd and Streat of the 167th:
A bill to amend Title 35 of the Official Code of Georgia Annotated, relating to law enforcement officers and agencies, so as to provide for the establishment of professional criteria for the receipt and processing of complaints against law en forcement officers.
Referred to Committee on Public Safety.
HB 482. By Representatives Ehrhart of the 36th, Bannister of the 77th, Maddox of the 108th and Kaye of the 37th:
A bill to amend Article 4 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to insurance of compensation liability in general, so as to provide procedures for the cancellation of workers' compensation insurance by the workers' compensation insurer.
Referred to Committee on Insurance and Labor.
HB 641. By Representatives Coleman of the 142nd, Lord of the 121st and Bargeron of the 120th:
A bill to amend Code Section 44-3-134 of the Official Code of Georgia Annotated, relating to registration of dealers and cemeteries, so as to provide that any nonperpetual care cemetery which is historical and is operated for nonprofit pur poses shall be exempt from registration; to provide an exception.
Referred to Committee on Urban and County Affairs (General).
HB 664. By Representatives Smith of the 169th, Byrd of the 170th, Streat of the 167th and others:
A bill to amend Code Section 48-5-41 of the Official Code of Georgia Annotated, relating to exemptions from ad valorem taxation, so as to provide for an exemp tion for blueberry plants growing in this state.
Referred to Committee on Finance and Public Utilities.
HB 678. By Representatives Smyre of the 136th, Lee of the 94th and Barnes of the 33rd:
A bill to amend Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, so as to provide for exclusion from the classifica tion of employment for the purposes of unemployment compensation or workers' compensation independent contract carriers who transport, assemble, deliver, or distribute printed materials, for magazine, newspaper, and other publishers, or persons who buy a product and resell it, receiving no other compensation.
Referred to Committee on Insurance and Labor.
HB 690. By Representative Barnes of the 33rd:
A bill to amend Code Section 17-15-8 of the Official Code of Georgia Annotated, relating to persons eligible for awards from the Georgia Crime Victims Compen sation Board, so as to raise the maximum amount which may be awarded for a claim.
Referred to Committee on Public Safety.

MONDAY, MARCH 8, 1993

1179

HB 718. By Representatives Powell of the 23rd, Dover of the 9th, Godbee of the 145th and others: A bill to amend Code Section 20-2-160 of the Official Code of Georgia Annotated, relating to enrollment counts, so as to change which courses may be counted.
Referred to Committee on Education.
HB 810. By Representative Jenkins of the 110th: A bill to amend Chapter 66 of Title 36 of the Official Code of Georgia Annotated, relating to zoning procedures, so as to amend definitions; to clarify procedures for adopting a zoning ordinance.
Referred to Committee on Urban and County Affairs (General).
HR 398. By Representatives Felton of the 43rd, Hart of the 116th, Henson of the 65th and others: A resolution creating the Education Accountability and Evaluation Commission.
Referred to Committee on Education.
The following resolution of the Senate was read and put upon its adoption:
SR 276. By Senators Garner of the 30th, Robinson of the 16th and Hooks of the 14th: A resolution relative to adjournment by the General Assembly at 5:00 o'clock P.M. on Wednesday, March 10, 1993, and to reconvene on Monday, March 15, 1993; 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 45, nays 2.
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 adopted by the requisite constitutional majority the following resolution of the Senate:
SR 276. By Senators Garner of the 30th, Robinson of the 16th and Hooks of the 14th: A resolution relative to adjournment.
Senator Robinson of the 16th moved that the Senate stand in recess until 10:00 o'clock P.M. today, and at that time adjourn until 9:30 o'clock A.M. tomorrow.
At 5:18 o'clock P.M., the President announced that the motion prevailed.

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JOURNAL OF THE SENATE

Senate Chamber, Atlanta, Georgia Tuesday, March 9, 1993
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 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 223. By Representative Parham of the 122nd: A bill to amend Chapter 16 of Title 45 of the Official Code of Georgia Annotated, relating to coroners, so as to change the provisions relating to the participation by coroners and deputy coroners in an annual training course.
The following bills and resolution of the Senate were introduced, read the first time and referred to committees:
SB 385. By Senator Langford of the 29th: A bill to amend an Act incorporating the Town of Gay in the County of Meriwether, as amended, so as to provide for penalties which may be imposed for violation of any ordinance, rule, or regulation of said town.
Referred to Committee on Urban and County Affairs.
SB 386. By Senator Brown of the 26th: A bill to amend an Act entitled "Macon Water Commissioners-Pension Plan," as amended, so as to add certain definitions; to increase benefits payable under the plan; to add a minimum pension of $200 per month; to provide a one-time cost of living raise in benefits to employees who retired prior to July 1, 1986; to change the way interest is computed on returned employee contributions.
Referred to Committee on Retirement.
SB 387. By Senator Thompson of the 33rd: A bill to amend an Act creating a new charter for the City of Powder Springs, as amended, so as to amend the charter for the City of Powder Springs to establish the office of the city tax commissioner; to provide for the authority of such offi cial; to establish such official as an ex officio sheriff for the purpose of levy and sale under tax executions.
Referred to Committee on Urban and County Affairs.
SR 278. By Senators Scott of the 36th, Garner of the 30th, Robinson of the 16th and Hooks of the 14th: A resolution urging the City of Atlanta, the Atlanta Regional Commission, and the Georgia Department of Transportation to abandon a certain project or

TUESDAY, MARCH 9, 1993

1181

projects for the widening of Cleveland Avenue and Jonesboro Road in the City of Atlanta. Referred to Committee on Rules.
The following reports of standing committees were read by the Secretary:
Mr. President:
The Committee on Education has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations:
HB 255. Do pass. HB 737. Do pass.
Respectfully submitted, Senator Scott of the 36th 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 311. Do pass. HB 320. Do pass. HB 764. Do pass.
Respectfully submitted, Senator Bowen of the 13th District, Chairman
Mr. President:
The Committee on Rules has had under consideration the following resolutions of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:
SR 117. Do pass. HR 180. Do pass.
Respectfully submitted, Senator Hooks of the 14th District, Chairman
Mr. President:
The Committee on Urban and County Affairs has had under consideration the following bill of the House and has instructed me to report the same back to the Senate with the following recommendation:
HB 661. Do pass as amended. Respectfully submitted, Senator Thompson of the 33rd District, Chairman
Mr. President:
The Committee on Urban and County Affairs has had under consideration the following

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JOURNAL OF THE SENATE

bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SB 379. Do pass. SB 382. Do pass. HB 422. Do pass. HB 855. Do pass. HB 858. Do pass.

HB 908. Do pass. HB 909. Do pass. HB 930. Do pass. HB 944. Do pass. HB 968. Do pass. Respectfully submitted, Senator Thompson of the 33rd District, Chairman

The President called for the morning roll call, and the following Senators answered to their names:

Balfour Blitch Boshears Bowen Brown of 26th Burton Coleman Crotts Day Dean Edge Egan Farrow Garner

Gillis Glanton Gochenour Harbison Hemmer Henson Hill Hooks Huggins Isakson Langford of 29th Madden Marable Middleton

Those not answering were Senators:

Newbill Oliver Parrish Pollard Ragan of llth Ragan of 32nd Ralston Ray Robinson Slotin Starr Thompson Turner Tysinger

Abernathy
Alien Baugh Broun of 46th
Cheeks

Clay
Dawkins Kemp Langford of 35th
Perdue

Scott Taylor
Inomas Walker

The Lieutenant Governor led the Senators in the Pledge of Allegiance to the Flag of the United States of America.

Senator Marable of the 52nd introduced the chaplain of the day, Reverend Gary Law rence, pastor of the South Broad United Methodist Church, Rome, Georgia, who offered scripture reading and prayer.

TUESDAY, MARCH 9, 1993

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The following resolutions of the Senate were read and adopted:
SR 272. By Senator Abernathy of the 38th: A resolution recognizing La-Van Hawkins.
SR 273. By Senator Abernathy of the 38th: A resolution commending The Lovett School wrestling team.
SR 274. By Senator Newbill of the 56th: A resolution commending North Fulton Education 2000.
SR 275. By Senator Boshears of the 6th: A resolution commending Linda O. King.
SR 277. By Senators Thomas of the 10th, Henson of the 55th, Dawkins of the 45th and Walker of the 22nd: A resolution commending the public health nurses of Georgia and designating Public Health Nurse Day in Georgia.
Senator Garner of the 30th, President Pro Tempore, assumed the Chair.
The following local, uncontested bills of the Senate and House, favorably reported by the committee as listed on the Senate Local Consent Calendar, were put upon their passage:
SENATE LOCAL CONSENT CALENDAR
Tuesday, March 9, 1993
THIRTY-FOURTH LEGISLATIVE DAY
(The names listed with each bill are the Senators whose districts are affected by the legislation.)
SB 379 Pollard, 24th Cheeks, 23rd COLUMBIA COUNTY Creates a Board of Elections for Columbia County and provides for its pow ers and duties; composition of the board; selection; qualifications and terms of its members; to provide for resignation, succession and removal of mem bers and for filling vacancies; provides for duties of the chairperson of the board; provides for an executive director and powers, duties of same.
SB 382 Kemp, 3rd MCINTOSH COUNTY Creates the State Court of Mclntosh County; specify location of the court; provides jurisdiction of the court; provides for jury trial; provides for practice and procedure; terms of court; specify costs; provides for transfer of certain matters from Superior Court of Mclntosh County; provides for institution of criminal cases; provides for appeals; juries.

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HB 422 Balfour, 9th Burton, 5th Tysinger, 41st Day, 48th Newbill, 56th GWINNETT COUNTY
Creates Gwinnett County Recorder's Court; clerk; compensation.
HB 855 Alien, 2nd Kemp, 3rd LIBERTY COUNTY
Provides for Liberty County Board of Commissioners; new election districts.
HB 858 Alien, 2nd Kemp, 3rd LIBERTY COUNTY
Creates a Board of Education; compensation; election; new districts.
HB 908 Hill, 4th BULLOCH COUNTY
Creates a Board of Education of Bulloch County; reconstitutes; provides for elections; districts; compensation and expenses.
HB 909 Turner, 8th Ragan, llth THOMAS COUNTY
Provides for a Board of Commissioners of Thomas County; election districts; changes composition; compensation and expenses.
HB 930 Langford, 29th TROUP COUNTY
Ad valorem taxes; homestead exemption for Troup County residents 65 or over with certain income and disabled.
HB 944 Ralston, 51st PICKENS COUNTY
Creates the office of Commissioner of Pickens County; provides for certain restrictions on the authority of a retiring commissioner.
HB 968 Dean, 31st HARALSON COUNTY
Establishes the compensation of certain officials of Haralson County; amends an Act creating the office of county commissioner; provides for compensation.
HB 873 Gillis, 20th Baugh, 25th WASHINGTON COUNTY
Reconstitutes Board of Education of Washington County; provides districts for election of board members; provides for chairperson.

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HB 875 Gillis, 20th Baugh, 25th WASHINGTON COUNTY
Provides for Board of Education; reconstitutes; provides districts for election of board members; chairperson.
The substitute to the following bills were put upon their adoption:
HB 873:
Senators Gillis of the 20th and Baugh of the 25th offered the following substitute to HB
873:
A BILL
To be entitled an Act to amend an Act creating a board of commissioners of Washing ton County, approved August 20, 1913 (Ga. L. 1913, p. 452), as amended, particularly by an Act approved March 28, 1985 (Ga. L. 1985, p. 4882), so as to change the description of the commissioner districts; to provide for initial and subsequent elections for the members of such board and for terms thereof; to change certain qualifications; to provide for a submis sion and for effective dates; 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 Washington County, approved August 20, 1913 (Ga. L. 1913, p. 452), as amended, particularly by an Act approved March 28, 1985 (Ga. L. 1985, p. 4882), is amended by striking Sections 2, 3, and 4 thereof and inserting in their respective places the following Sections 2, 3, and 4:
"Section 2. (a) For purposes of electing the members of the board, other than the chair man, at the November general election conducted in 1994 and every four years thereafter, Washington County is divided into four commissioner districts consisting of the following described territory of Washington County:
Commissioner District: 1
WASHINGTON COUNTY VTD: 0003 DAVISBORO (Part) Tract: 9504. Block(s): 116A, 117, 118, 119, 123, 146, 147, 148, 151 Tract: 9505. Block(s): 121 VTD: 0004 SANDERSVILLE (Part) Tract: 9501. Block(s): 194, 195 Tract: 9503. 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, 129, 130, 131, 132, 133, 134, 140, 155A, 155B, 156A, 156B, 157, 158, 159A, 159B, 160, 161, 162, 163, 164,165, 166, 167, 168, 169, 170, 176A, 176B, 177A, 177B, 178, 179, 180, 181, 182, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422 Tract: 9504. Block(s): 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116B, 120, 121, 122, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 141, 142, 143, 144, 145, 156, 196, 197, 201, 202, 203, 204, 205, 206, 207A, 207B, 207C, 208, 209, 210, 211A, 211B, 212, 213A, 213B, 214, 215, 216, 217, 218A, 218B, 219, 220, 221, 222, 223, 224, 225, 226, 227 VTD: 0005 DEEP STEP (Part) Tract: 9502. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114A,

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114B, 115, 116, 117, 118, 119, 120A, 120B, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135A, 135B, 136, 137A, 137B, 138, 139, 140, 141, 142, 143, 144, 145, 146A, 146B, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 162, 163, 164, 165, 166, 167, 168, 169, 178, 179, 180 VTD: 0007 WARTHEN (Part) Tract: 9501. Block(s): 102, 103, 104, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 138, 139, 140, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 183, 184, 185, 186, 187, 188, 189, 190, 191, 192, 193, 196, 197 Tract: 9504. Block(s): 101, 102
Commissioner District: 2
WASHINGTON COUNTY VTD: 0002 HARRISON (Part) Tract: 9505. Block(s): 279 VTD: 0003 DAVISBORO (Part) Tract: 9504. Block(s): 149, 150, 165, 167, 168 Tract: 9505. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117A, 117B, 118, 119, 120, 122, 123, 124, 125, 126, 127, 128, 129A, 129B, 129C, 129D, 130A, 130B, 131A, 131B, 132A, 132B, 133, 134, 135A, 135B, 136A, 136B, 137A, 137B, 138, 139, 140, 141, 142, 143, 144A, 144B, 145, 146, 147,148A, 148B, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165A, 165B, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180A, 180B, 181A, 181B, 182, 183, 184, 185, 186, 187, 188, 189, 190, 191, 192, 193, 194, 195, 196, 197, 212, 213, 214, 220, 225, 297 VTD: 0004 SANDERSVILLE (Part) Tract: 9504. Block(s): 140, 152, 153, 154, 155, 157, 158, 159, 160, 161, 162, 163, 164, 166, 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, 308, 309, 310, 315, 316, 317, 318, 319, 320, 324, 325, 401, 402A, 402B, 403, 404, 405A, 405B, 406, 407, 408, 409, 410, 411, 412, 413A, 413B, 414, 415A, 415B, 416, 418 Tract: 9505. Block(s): 215, 216, 218, 219, 226 VTD: 0006 RIDDLEVILLE (Part) Tract: 9505. Block(s): 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211A, 211B, 221A, 221B, 222, 223, 224, 234A, 234B, 237A, 237B, 238A, 238B, 239A, 239B, 240, 241, 242, 243A, 243B, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 260, 261, 262, 263, 264, 265, 266, 267, 268, 269, 270, 271, 272, 273, 274, 275, 276, 277, 278, 281, 282, 283, 284, 287, 288, 289, 290, 291, 292, 293, 294, 295, 296 Tract: 9506. Block(s): 157, 158 VTD: 0007 WARTHEN (Part) Tract: 9501. Block(s): 101, 105, 106, 107, 108, 109, 110, 111, 112, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 141, 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
Commissioner District: 3
WASHINGTON COUNTY VTD: 0002 HARRISON (Part) Tract: 9505.

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Block(s): 280, 285, 286 Tract: 9506.
Block(s): 108, 109, 110, 111, 113, 114, 115A, 115B, 116A, 116B, 117, 118A, 118B, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141A, 141B, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152A, 152B, 153, 154, 155, 156, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172A, 172B, 173A, 173B, 174A, 174B, 175, 176, 177, 178A, 178B, 179A, 179B, 180, 181, 182A, 182B, 183, 184, 185, 186, 187, 188, 189, 190, 191, 192, 193, 194, 195, 196, 197
Tract: 9507. Block(s): 334, 335, 336, 366, 367, 368, 369, 393, 394
VTD: 0004 SANDERSVILLE (Part) Tract: 9503. Block(s): 230, 232, 233, 234A, 234B, 235, 236, 237, 238, 239A, 239B, 240, 241, 242, 243, 244, 249, 251, 401, 402, 403, 404, 405, 406, 407, 408 Tract: 9504. Block(s): 301, 302, 303, 304, 305, 306, 307, 311, 312, 313, 314, 321, 322, 323, 417, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 436, 437, 438 Tract: 9507. Block(s): 102, 103, 104A, 104B, 116, 117, 118, 119, 120A, 120C, 121
VTD: 0006 RIDDLEVILLE (Part) Tract: 9505. Block(s): 258
VTD: 0008 TENNILLE (Part) Tract: 9503. Block(s): 245, 246, 247A, 247B, 248A, 248B, 252 Tract: 9505. Block(s): 217, 227, 228, 229, 230, 231, 232, 233, 235, 236, 259 Tract: 9506. Block(s): 101, 102, 103, 104, 105, 106, 107, 112 Tract: 9507. Block(s): 101, 105A, 105B, 106A, 106B, 107, 108, 109, 110, 111, 112, 113, 114, 115, 120B, 120D, 122, 123, 124, 125A, 125B, 126, 127A, 127B, 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, 157A, 157B, 158A, 159, 160, 161, 162A, 163A, 163B, 164A, 164B, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 184, 185, 186, 187, 188, 189, 190, 191, 192, 193, 194, 195, 196, 197, 201, 202, 203, 204A, 205, 206, 207, 208, 209, 210, 211, 212, 213A, 216A, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230A, 231A, 233, 234, 235, 236, 237, 238, 239A, 331, 332, 333
Commissioner District: 4
WASHINGTON COUNTY VTD: 0001 OCONEE VTD: 0004 SANDERSVILLE (Part) Tract: 9503. Block(s): 125, 126, 127, 128, 135, 136, 137, 138, 139, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 171, 201, 202, 203, 204, 205, 206A, 206B, 207, 208, 209, 210, 211A, 211B, 212A, 212B, 213A, 213B, 214A, 214B, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 228, 229, 231, 250, 253, 254, 257, 264, 265, 266, 267, 268, 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, 423, 424, 425, 426, 427, 428, 429 Tract: 9507. Block(s); 302 VTD: 0005 DEEP STEP (Part)

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Tract: 9502. Block(s): 147, 158, 159, 160, 161
VTD: 0008 TENNILLE (Part) Tract: 9503. Block(s): 227A, 227B, 227C, 255A, 255B, 256, 258, 259, 260, 261, 262, 263 Tract: 9507. Block(s): 158B, 162B, 204B, 213B, 214, 215, 216B, 230B, 231B, 232, 239B, 301, 306, 307, 308, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 342, 343
(b) For purposes of subsection (a) 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 Washington County which is not included in any commissioner district described in subsection (a) of this section shall be included within that commissioner dis trict 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 Washington 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.
Section 3. Those persons serving as members of the board of commissioners of Wash ington County on January 1, 1993, shall continue to serve out their terms of office which shall expire on December 31, 1994, and upon the election and qualification of their respec tive successors. Those successors shall be elected at the November general election con ducted in 1994, but successors to those members serving from Commissioner Districts 1, 2, 3, and 4 shall be elected from Commissioner Districts 1, 2, 3, and 4, respectively, as newly described in Section 2 of this Act, shall take office on January 1, 1995, and shall serve for terms of office of four years each. Thereafter, successors to members of the board whose terms of office are to expire shall be elected at the November general election immediately preceding the expiration of such terms, shall take office the first day of January immediately following that election, and shall serve for terms of office of four years each. Members of the board shall serve the terms specified therefor in this Act and until their respective succes sors are elected and qualified. The 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 Elec tion Code.'
Section 4. (a) The chairman of the board may reside anywhere within Washington County and shall be elected by a majority of the qualified voters of Washington County voting at the election for that office. Any person offering as a candidate for that office shall be at least 21 years of age, shall have been a resident of Washington County at least 12

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months prior to that person's election, and shall be a qualified and registered voter of Wash ington County. In the event the chairman ceases, during that person's term of office, to be a resident of Washington County, that office shall thereupon become vacant.
(b) Each member of the board, other than the chairman, shall reside within the com missioner district from which that person was elected and shall be elected by a majority of the qualified voters voting in that district and not at large. At the time of qualifying for the election to the office of member of the board, other than the chairman, each candidate shall specify the commissioner district for which that person is a candidate. Any person offering as a candidate for member of the board, other than the chairman, shall be at least 21 years of age, shall have been a resident of Washington County at least 12 months prior to that person's election, shall be a qualified and registered voter of Washington County, and shall have been a resident of the district for which that person is a candidate for at least 12 months prior to that person's election thereto. In the event any member of the board, other than the chairman, ceases, during that person's term of office, to be a resident of the com missioner district from which that person was elected, that respective office shall thereupon become vacant."
Section 2. Pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended, it shall be the duty of the attorney for the board of commissioners of Washington County to submit this Act to the United States Attorney General for approval.
Section 3. Those provisions of this Act relating to and necessary for the election of the members of the board of commissioners of Washington County at the 1994 general election shall become effective January 1, 1994. The remaining provisions of this Act shall become effective January 1, 1995.
Section 4. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 43, nays 0, and the substitute was adopted.
HB 875:
Senators Gillis of the 20th and Baugh of the 25th offered the following substitute to HB 875:
A BILL
To be entitled an Act to reconstitute the Board of Education of Washington County and provide for its powers, duties, rights, obligations, and liabilities and subject it to certain constitutional and statutory provisions; to continue in office certain members of such board and provide for the expiration of their terms; to provide for education districts; to provide for the election of board members; to provide for the chairperson of the board; to provide for qualifications for office; to provide for successors; to provide for terms; to provide for vacancies; to provide for compensation and expenses; to provide for the expiration of the term of the school superintendent and provide for the appointment of successors thereto and terms of employment thereof; to provide that the school superintendent will be subject to certain laws; to provide for submission; to provide for effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. The Board of Education of Washington County which was appointed and which existed on December 31, 1992, is continued in existence but on and after January 1, 1994, shall be constituted as provided in this Act. The Board of Education of Washington County so continued and constituted, sometimes referred to in this Act as the "board," shall continue to have the powers, duties, rights, obligations, and liabilities of that Board of Edu cation of Washington County as existed immediately prior to January 1, 1994, and shall be

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subject to all constitutional and statutory provisions relating to boards of education and not in conflict with this Act.
Section 2. (a) Those members of the Board of Education of Washington County who are serving as such on December 31, 1992, and any person selected to fill a vacancy in any such offices shall continue to serve as such members for terms of office which expire December 31, 1993. On and after January 1, 1994, the Board of Education of Washington County shall consist of five members all of whom shall be elected from education districts described in subsection (b) of this section except for the member who is chairperson and who is elected at large as provided in Section 7 of this Act.
(b) For purposes of electing members of the board of education, other than the chairperson, the Washington County School District is divided into four education districts. One member of the board shall be elected from each such district. Those districts shall consist of the following described territory of the Washington County School District:
Education District: 1
WASHINGTON COUNTY VTD: 0003 DAVISBORO (Part) Tract: 9504. Block(s): 116A, 117, 118, 119, 123, 146, 147, 148, 151 Tract: 9505. Block(s): 121 VTD: 0004 SANDERSVILLE (Part) Tract: 9501. Block(s): 194, 195 Tract: 9503. 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, 129, 130, 131, 132, 133, 134, 140, 155A, 155B, 156A, 156B, 157, 158, 159A, 159B, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 176A, 176B, 177A, 177B, 178, 179, 180, 181, 182, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422 Tract: 9504. Block(s): 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116B, 120, 121, 122, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 141, 142, 143, 144, 145, 156, 196, 197, 201, 202, 203, 204, 205, 206, 207A, 207B, 207C, 208, 209, 210, 211A, 211B, 212, 213A, 213B, 214, 215, 216, 217, 218A, 218B, 219, 220, 221, 222, 223, 224, 225, 226, 227 VTD: 0005 DEEP STEP (Part) Tract: 9502. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114A, 114B, 115, 116, 117, 118, 119, 120A, 120B, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135A, 135B, 136, 137A, 137B, 138, 139, 140, 141, 142, 143, 144, 145, 146A, 146B, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 162, 163, 164, 165, 166, 167, 168, 169, 178, 179, 180 VTD: 0007 WARTHEN (Part) Tract: 9501. Block(s): 102, 103, 104, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 138, 139, 140, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 183, 184, 185, 186, 187, 188, 189, 190, 191, 192, 193, 196, 197 Tract: 9504. Block(s): 101, 102
Education District: 2
WASHINGTON COUNTY VTD: 0002 HARRISON (Part) Tract: 9505. Block(s): 279

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VTD: 0003 DAVISBORO (Part) Tract: 9504. Block(s): 149, 150, 165, 167, 168 Tract: 9505. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117A, 117B, 118, 119, 120, 122, 123, 124, 125, 126, 127, 128, 129A, 129B, 129C, 129D, 130A, 130B, 131A, 131B, 132A, 132B, 133, 134, 135A, 135B, 136A, 136B, 137A, 137B, 138, 139, 140, 141, 142, 143, 144A, 144B, 145,146, 147, 148A, 148B, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165A, 165B, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180A, 180B, 181A, 181B, 182, 183, 184, 185, 186, 187, 188, 189, 190, 191, 192, 193, 194, 195, 196, 197, 212, 213, 214, 220, 225, 297
VTD: 0004 SANDERSVILLE (Part) Tract: 9504. Block(s): 140, 152, 153, 154, 155, 157, 158, 159, 160, 161, 162, 163, 164, 166, 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, 308, 309, 310, 315, 316, 317, 318, 319, 320, 324, 325, 401, 402A, 402B, 403, 404, 405A, 405B, 406, 407, 408, 409, 410, 411, 412, 413A, 413B, 414, 415A, 415B, 416, 418 Tract: 9505. Block(s): 215, 216, 218, 219, 226
VTD: 0006 RIDDLEVILLE (Part) Tract: 9505. Block(s): 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211A, 211B, 221A, 221B, 222, 223, 224, 234A, 234B, 237A, 237B, 238A, 238B, 239A, 239B, 240, 241, 242, 243A, 243B, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 260, 261, 262, 263, 264, 265, 266, 267, 268, 269, 270, 271, 272, 273, 274, 275, 276, 277, 278, 281, 282, 283, 284, 287, 288, 289, 290, 291, 292, 293, 294, 295, 296 Tract: 9506. Block(s): 157, 158
VTD: 0007 WARTHEN (Part) Tract: 9501. Block(s): 101, 105, 106, 107, 108, 109, 110, 111, 112, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 141, 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
Education District: 3
WASHINGTON COUNTY VTD: 0002 HARRISON (Part) Tract: 9505. Block(s): 280, 285, 286 Tract: 9506. Block(s): 108, 109, 110, 111, 113, 114, 115A, 115B, 116A, 116B, 117, 118A, 118B, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130,131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141A, 141B, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152A, 152B, 153, 154, 155, 156, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172A, 172B, 173A, 173B, 174A, 174B, 175, 176, 177, 178A, 178B, 179A, 179B, 180, 181, 182A, 182B, 183, 184, 185, 186, 187, 188, 189, 190, 191, 192, 193, 194, 195, 196, 197 Tract: 9507. Block(s): 334, 335, 336, 366, 367, 368, 369, 393, 394 VTD: 0004 SANDERSVILLE (Part) Tract: 9503. Block(s): 230, 232, 233, 234A, 234B, 235, 236, 237, 238, 239A, 239B, 240, 241, 242, 243, 244, 249, 251, 401, 402, 403, 404, 405, 406, 407, 408 Tract: 9504. Block(s): 301, 302, 303, 304, 305, 306, 307, 311, 312, 313, 314, 321, 322, 323, 417,

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419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 436, 437, 438 Tract: 9507. Block(s): 102, 103, 104A, 104B, 116, 117, 118, 119, 120A, 120C, 121 VTD: 0006 RIDDLEVILLE (Part) Tract: 9505. Block(s): 258 VTD: 0008 TENNILLE (Part) Tract: 9503. Block(s): 245, 246, 247A, 247B, 248A, 248B, 252 Tract: 9505. Block(s): 217, 227, 228, 229, 230, 231, 232, 233, 235, 236, 259 Tract: 9506. Block(s): 101, 102, 103, 104, 105, 106, 107, 112 Tract: 9507. Block(s): 101, 105A, 105B, 106A, 106B, 107, 108, 109, 110, 111, 112, 113, 114, 115, 120B, 120D, 122, 123, 124, 125A, 125B, 126, 127A, 127B, 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, 157A, 157B, 158A, 159, 160, 161, 162A, 163A, 163B, 164A, 164B, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 184, 185, 186, 187, 188, 189, 190, 191, 192, 193, 194, 195, 196, 197, 201, 202, 203, 204A, 205, 206, 207, 208, 209, 210, 211, 212, 213A, 216A, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230A, 231A, 233, 234, 235, 236, 237, 238, 239A, 331, 332, 333
Education District: 4
WASHINGTON DISTRICT VTD: 0001 OCONEE VTD: 0004 SANDERSVILLE (Part) Tract: 9503. Block(s): 125, 126, 127, 128, 135, 136, 137, 138, 139, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 171, 201, 202, 203, 204, 205, 206A, 206B, 207, 208, 209, 210, 211A, 211B, 212A, 212B, 213A, 213B, 214A, 214B, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 228, 229, 231, 250, 253, 254, 257, 264, 265, 266, 267, 268, 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, 423, 424, 425, 426, 427, 428, 429 Tract: 9507. Block(s): 302 VTD: 0005 DEEP STEP (Part) Tract: 9502. Block(s): 147, 158, 159, 160, 161 VTD: 0008 TENNILLE (Part) Tract: 9503. Block(s): 227A, 227B, 227C, 255A, 255B, 256, 258, 259, 260, 261, 262, 263 Tract: 9507. Block(s): 158B, 162B, 204B, 213B, 214, 215, 216B, 230B, 231B, 232, 239B, 301, 306, 307, 308, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 342, 343
(c) For purposes of subsection (b) 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

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geographical area designated by Article 7 of Chapter 2 or 3 of Title 21 of the O.C.G.A., within which all electors vote at one polling place;
(3) 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 Washington County School District which is not included in any education district described in subsection (b) of 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 Washington County School District which is described in subsection (b) of 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 3. (a) No person shall be a member of the board if that person is ineligible for such office pursuant to Code Section 20-2-51 or 45-2-1 of the O.C.G.A or any other general law.
(b) In order to be elected as a member of the board from an education district, a person must have resided in that district for at least 12 months prior to election thereto and must receive a majority of the votes cast for that office in that district only and not at large. Only electors who are residents of that education district may vote for a member of the board for that district. At the time of qualifying for election as a member of the board from an educa tion district, each candidate for such office shall specify the education district for which that person is a candidate. A person elected as a member of the board from an education district must continue to reside in that district during that person's term of office or that office shall thereupon become vacant.
(c) The member of the board who is chairperson of the board may reside anywhere within the Washington County School District and must receive a majority of the votes cast for such office in the entire Washington County School District. The chairperson must con tinue to reside within the Washington County School District during that person's term of office or that office shall thereupon become vacant.
Section 4. (a) The first members of the reconstituted Board of Education of Washing ton County shall be elected at a special election which shall be conducted on the Tuesday next following the first Monday in November, 1993. The members of the board elected thereto in 1993 shall take office on January 1, 1994, and shall serve for initial terms of office which expire December 31, 1994, and upon the election and qualification of their respective successors. Those and all future successors to members of the board whose terms of office are to expire shall be elected at the state-wide general election immediately preceding the expiration of such terms, shall take office the first day of January immediately following that election, and shall serve for terms of office of four years each. Members of the board shall serve for the terms of office specified therefor in this subsection and until their respec tive successors are elected and qualified.
(b) All members of the board who are elected thereto shall be nominated and elected in accordance with Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code."

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Section 5. In the event of a vacancy occurring on or after January 1, 1993, in the mem bership of the board, whether the vacancy is in the office of chairperson or any other mem ber, for any reason other than expiration of term, that vacancy shall be filled as provided in Code Section 20-2-54.1 of the O.C.G.A.
Section 6. The chairperson of the board shall receive an annual salary for the perform ance of the duties of such office in an amount not less than $7,200.00 nor more than $12,000.00, which amount shall be established by the board. Each member of the board, other than the chairperson, shall receive an annual salary for the performance of the duties of such office in an amount not less than $3,600.00 nor more than $8,400.00, which amount shall be established by the board. The salaries provided for by this section shall be paid in equal monthly installments from the funds of the Washington County School System. In addition to such salaries, the chairperson and each other member of the board shall be entitled to receive from the funds of the Washington County School System their actual and necessary expenses incurred in the performance of their duties of office.
Section 7. The chairperson of the board shall be a member of the board elected at large as provided in this Act.
Section 8. (a) The elected school superintendent of the Washington County School Dis trict who is in office on January 1, 1993, or any person filling a vacancy in such office, shall serve out the remainder of that person's term of office and shall be replaced by an appointee of the board of education at the expiration of such term. In the event of a vacancy occurring in that office prior to the expiration of such term, that vacancy shall be filled by an ap pointee of the board.
(b) Upon the expiration of the term of the elected school superintendent as provided in subsection (a) of this section, the board of education shall appoint the school superinten dent. Unless otherwise provided by general law, the board may provide that the superinten dent serve at the pleasure of the board of education or the board may provide the school superintendent with a contract of employment for a fixed term.
(c) Except as otherwise provided in this section, the school superintendent shall be sub ject to all general laws of this state relating to school superintendents.
Section 9. Pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended, it shall be the duty of the attorney of the Board of Education of Washington County to submit this Act to the United States Attorney General for approval.
Section 10. This section and Section 9 of this Act and those provisions of this Act nec essary for the election of members of the Board of Education of Washington County in 1993 shall become effective upon the approval of this Act by the Governor or upon such Act's becoming law without that approval. The remaining provisions of this Act shall become effective January 1, 1994.
Section 11. 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 by substitute.

On the passage of all the bills on the Senate Local Consent Calendar, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Balfour Blitch Boshears

Bowen Brown of 26th Burton

Cheeks Clay Coleman

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1195

Crotts Day Dean Edge J?gan GGolfacrnhotewonnour Harbison Hemmer Henson Hill

Hooks Huggins Isakson Kemp Langford of 29th M,M,.ai-dr,ad,blelet, on Newbill Parrish Perdue Pollard

Ragan of llth Ragan of 32nd Ralston Robinson Starr TmTahi.yolmoras Thompson Turner Tysinger Walker

Those not voting were Senators:

Abernathy AHen

Garner (presiding) Gillis

Broun of 46th Dawkins

Langford of 35th Madden

Oliver Ray
Scott Slotin

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 873 and HB 875, having received the requisite constitutional majority, were passed.

HB 873 and HB 875, having received the requisite constitutional majority, were passed by substitute.

Senator Pollard of the 24th moved that SB 379 be immediately transmitted to the House.

On the motion, the yeas were 39, nays 0; the motion prevailed, and SB 379 was immedi ately transmitted to the House.

Senator Burton of the 5th introduced Jack K. Acree, who, having been commended by SR 111, adopted previously, briefly addressed the Senate.

SENATE RULES CALENDAR
Tuesday, March 9, 1993
THIRTY-FOURTH LEGISLATIVE DAY
HB 283 Waste-Water Treatment Plant Operators--training (Nat R--20th) HB 544 Mechanics, Materialmen's Liens--certain notice of lien rights (Judy--51st) HB 429 Local School Funds--purposes to expend (Ed--36th) HB 39 Boiler, Pressure Vessel Safety Act--include air storage tanks (Amendment)
(ST&I--23rd) HB 340 Hospital Regulation--redefine personal care home (YA&HE--18th) HB 21 Vehicle Registration, License Plate Suspension for No Insurance--repeal
(Substitute) (Pub Saf--17th) HB 750 Employees Retirement--certain allowances at 55 years of age (Substitute)
(Ret--30th) HB 248 Local School Superintendents--minimum salary (Amendment) (Ed--47th) HB 689 Certain Hospital Authorities--merger (Substitute) (H&HS--44th)

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HB 69 Insurance--no surcharge on vehicle insurance for firefighter, emergency medical technician accidents (I&L--24th)
HB 77 Insurance Agent Licensing--display certificate by Insurance Commissioner (I&L--24th)
HB 167 Merit System--sick leave accumulation, utilization (Gov Op--55th) HB 374 Controlled Substances--change certain Schedule listings (S Judy--25th) HB 584 Bad Checks--maker have 10 days to pay payee in cash (S Judy--1st) HB 402 Superior Courts--deposit funds paid into registry (S Judy--6th) HB 63 Laws Regulating Veterinary Medicine--not prohibit embryo transfer (Ag--llth) HB 49 Public Employee Reporting Fraud, Waste--regulate investigation (Ethics--2nd)
Respectfully submitted, /s/ George Hooks of the 14th, Chairman
Senate Rules Committee

The following general bills of the House, favorably reported by the committees, were read the third time and put upon their passage:

HB 283. By Representatives Patten of the 176th and Barfoot of the 155th:
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 generally, so as to provide that such division is authorized to provide training for waste-water treatment plant operators and waste-water labo ratory analysts.
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:

Balfour Baugh Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cheeks Clay Coleman Crotts Dawkins Day Dean Edge Egan

Farrow Gillis Glanton Gochenour Harbison Hemmer Henson Hill Hooks Huggins Isakson Kemp Langford of 29th Madden Marable Middleton Newbill

Oliver Parrish Perdue Pollard Ragan of llth Ragan of 32nd Ralston Ray Robinson Slotin Starr Taylor Thomas Thompson Turner Tysinger Walker

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1197

Those not voting were Senators:

Abernathy Alien

Garner (presiding) Langford of 35th

On the passage of the bill, the yeas were 51, nays 0.

Scott

The bill, having received the requisite constitutional majority, was passed.

The President resumed the Chair.

HB 544. By Representatives Thomas of the 100th, Chambless of the 163rd and Groover of the 125th:
A bill to amend Part 3 of Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to mechanics and materialmen's liens, so as to provide for certain notice of lien rights.
Senate Sponsor: Senator Ralston of the 51st.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:
Those voting in the affirmative were Senators:

Alien Balfour
Baugh Blitch Boshears

Farrow Gillis
Gochenour Harbison Hemmer

Bowen Brown of 26th

Henson Hm

^ CC1herteok, ns Coleman Crotts Dawkins Dav Dean Edge Egan

H,,Houogkgsm. s Jfkson KemP Langford of 35th Langford of 29th Madden Marable Middleton

Those not voting were Senators:

Newbill Oliver Parrish Perdue Pollard
Ragan of llth Ragan of 32nd
,RR, aaylston Robinson Scott Slotin Starr Taylor Thompson Tysinger

Abernathy

Glanton

Broun of 46th

Thomas

Garner

On the passage of the bill, the yeas were 49, nays 0.

Turner Walker

The bill, having received the requisite constitutional majority, was passed.

HB 429. By Representatives Smith of the 175th, Hart of the 116th, Purcell of the 147th and others:
A bill to amend Part 2 of Article 9 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to receipt and disbursement of local school funds, so as to change the purposes for which those funds may be expended.

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Senator Robinson of the 16th moved that HB 429 be committed to the Senate Commit tee on Education.

On the motion, the yeas were 45, nays 0; the motion prevailed, and HB 429 was com mitted to the Senate Committee on Education.

Senator Ray of the 19th introduced Head Coach Jerry Glanville of the Atlanta Falcons Football Team, who briefly addressed the Senate and introduced two football players, Harry Galbraith and Reggie White.

Senator Hooks of the 14th introduced the Macon County High School Lady Bulldog softball team, who were commended by SR 223, adopted previously, and Coach Gail Peaster briefly addressed the Senate.

The following general bills of the House, favorably reported by the committees, were read the third time and put upon their passage:

HB 39. By Representatives Powell of the 23rd, Watson of the 139th, Parham of the 122nd and Chandler of the 99th:
A bill to amend Code Section 34-11-7 of the Official Code of Georgia Annotated, relating to exceptions under the "Boiler and Pressure Vessel Safety Act," so as to include certain air storage tanks among the exceptions.
Senate Sponsor: Senator Cheeks of the 23rd.

The Senate Committee on Science, Technology, and Industry offered the following amendment:

Amend HB 39 by striking on line 11 on page 2 the word "over" and inserting in its place the word "under".

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:

Abernathy Alien Balfour Baugh Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cheeks Clay Coleman Crotts Dawkins Day

Dean Edge Egan Farrow Garner Gillis Glanton Gochenour Harbison Hemmer Henson Hill Hooks Huggins Isakson Kemp

Langford of 35th Langford of 29th Madden Marable Middleton Newbill Oliver Parrish Perdue Pollard Ragan of llth Ragan of 32nd Ralston Ray Robinson Slotin

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1199

Starr Taylor

Thompson Turner

Tysinger

Those not voting were Senators:

Scott

Thomas

Walker

On the passage of the bill, the yeas were 53, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.

HB 340. By Representatives Lucas of the 124th, Davis of the 48th, Lawrence of the 64th and others:
A bill to amend Article 1 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to the regulation of hospitals and related institutions, so as to revise the definition of personal care home.
Senate Sponsor: Senator Perdue of the 18th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Alien Balfour Baugh Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cheeks Clay Coleman Crotts Dawkins Day Dean Edge Egan

Farrow Garner Gillis Glanton Gochenour Harbison Hemmer Hill Hooks Huggins Isakson Kemp Langford of 35th Langford of 29th Madden Marable Middleton Newbill

Oliver Parrish Perdue Pollard Ragan of llth Ragan of 32nd Ralston Ray Robinson Scott Slotin Starr Taylor Thompson Turner Tysinger Walker

Those not voting were Senators:

Abernathy

Henson

Thomas

On the passage of the bill, the yeas were 53, nays 0.

The bill, having received the requisite constitutional majority, was passed.

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HB 21. By Representative Parham of the 122nd:
A bill to amend Code Section 40-5-71 of the Official Code of Georgia Annotated, relating to suspension of a driver's license for failure to maintain proof of insur ance, so as to repeal the requirement that a driver's vehicle registration and li cense plate are suspended for failure to maintain proof of insurance.
Senate Sponsor: Senator Crotts of the 17th.
The Senate Committee on Public Safety offered the following substitute to HB 21:
A BILL
To be entitled an Act to amend Code Section 40-5-71 of the Official Code of Georgia Annotated, relating to suspension of a driver's license for failure to maintain proof of insur ance, so as to repeal the requirement that a driver's vehicle registration and license plate are suspended for failure to maintain proof of insurance; to change certain requirements for issuance of a restricted driving permit for failure to maintain proof of insurance; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 40-5-71 of the Official Code of Georgia Annotated, relating to suspension of a driver's license for failure to maintain proof of insurance, is amended by striking subsection (c) of said Code section in its entirety and inserting in lieu thereof the following:
"(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 $60.00 or $50.00 when 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 $60.00 or $50.00 when processed by mail, the suspension period shall terminate and the department shall return the driver's license to the owner of the motor vehicle; pro vided, however, that for any owner whose driver's license has been suspended pursuant to this paragraph who provides satisfactory proof of continuous minimum insurance coverage the commissioner may waive the lapse fee and the restoration fee and the owner 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, liccnac 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 $60.00 or $50.00 when processed by mail to the department, the suspension shall terminate and the department shall return the driver's license, liccnac tag, and tag registration to the owner of the motor vehicle."

TUESDAY, MARCH 9, 1993

1201

Section 2. Said Code section is further amended by striking subsection (f) thereof in its entirety and inserting in lieu thereof the following:
"(f) (1) The department shall issue a restricted driving permit if the application indi cates that refusal to issue such permit would result in the person's loss of employment and subject to the following conditions, or extreme hardship to the applicant. For the purposes of this subsection, the term 'extreme~hardship' means that the applicant cannot reasonably obtain other transportation, and, therefore, the applicant would be prohibited from:
(A) Going to the applicant's place of employment or performing the normal duties of his or her occupation;
(B) Receiving scheduled medical care or obtaining prescription drugs; or
(C) Attending a college or school at which the applicant is regularly enrolled as a student.
(1) The permittee may operate only a vehicle which is owned or leased by his employer;
(2) The permittee may operate the vehicle only during the hours of employment;
(2) A restricted driving permit shall be endorsed with such conditions as the commis sioner 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:
(A) Specific places between which the permittee may be allowed to operate a motor vehicle;
(B) Routes to be followed by the permittee;
(C) Times of travel;
(D) The specific vehicles which the permittee may operate;
{$} (E) There is in force a policy of liability insurance covering the driver of the vehicle or the driver of the vehicle is aclf-inourcd by the employer; and
{4} (F) Such other conditions as the Department of Public Safety may require."
Section 3. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 29, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Alien Balfour Baugh Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cheeks Clay Coleman Crotts

Day Dean Edge Egan Farrow Garner Gillis Glanton Gochenour Harbison Hemmer Henson Hill

Hooks Huggins Isakson Kemp Langford of 29th Madden Marable Middleton Newbill Oliver Parrish Perdue Pollard

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Ragan of llth Ragan of 32nd Ralston Ray
Robinson

Scott Slotin
Starr Taylor

Thompson Turner
. Tysmger
Walker

Those not voting were Senators:

Abernathy Dawkins

Langford of 35th

Thomas

On the passage of the bill, the yeas were 52, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

HB 750. By Representatives Twiggs of the 8th, Cummings of the 27th, Murphy of the 18th and others:
A bill to amend Article 6 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to retirement and eligibility for a retirement allowance, so as to provide a retirement allowance for certain members.
Senate Sponsor: Senator Garner of the 30th.

The following Certification, as required by law, was read by the Secretary:

DEPARTMENT OF AUDITS 254 Washington Street, S.W.
Room 214 Atlanta, Georgia 30334-8400

STATE AUDITOR'S CERTIFICATION

TO:

The Honorable Bill Cummings, Chairman

House Retirement Committee

FROM:

Claude L. Vickers, State Auditor

DATE:

February 24, 1993

SUBJECT: House Bill 750 (Committee Substitute) (LC 21 2330S) Employees' Retirement System

This substitute bill clarifies the definition of who is entitled to receive involuntary sepa
ration benefits to include only those persons who would otherwise be subject to mandatory retirement at age 55 years and would otherwise be entitled to involuntary separation bene fits upon retirement.

This is to certify that this is a nonfiscal retirement bill as defined in the Public Retire ment Systems Standards Law.

/s/ Claude L. Vickers State Auditor

The Senate Committee on Retirement offered the following substitute to HB 750:

A BILL
To be entitled an Act to amend Article 6 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to retirement and eligibility for a retirement allowance, so as to provide a retirement allowance for certain members; to provide that certain persons shall be entitled to retire at age 55; to repeal conflicting laws, and for other purposes.

TUESDAY, MARCH 9, 1993

1203

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 6 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to retirement and eligibility for a retirement allowance, is amended by inserting at the end thereof the following:
"47-2-111. (a) Any other provision of law to the contrary notwithstanding, any member stated in subparagraphs (B) through (E) of paragraph (1) of subsection (b) of Code Section 47-2-110 who is subject to the provisions of Code Section 47-2-123 and who retires upon or after attaining the age of 55, whether or not retirement at such age is required by law, shall upon application receive a retirement allowance which shall consist of:
(1) In the case of a member with at least 15 years of service, 75 percent of the service retirement allowance which would have been payable upon service retirement at age 60 had the member continued in service to age 60 without further change in compensation, pro vided that this paragraph shall not apply to a member whose employment was terminated by involuntary separation without prejudice;
(2) In the case of a member with at least 20 years of service, the service retirement allowance which would have been payable upon service retirement at age 60 had the mem ber continued in service to age 60 without further change in compensation;
(3) In the case of a member with at least 25 years of service, 75 percent of the service retirement allowance which would have been payable upon service retirement at age 65 had the member continued in service without further change in compensation; or
(4) In the case of a member with at least 30 years of service, the service retirement allowance which would have been payable upon service retirement at age 65 had the mem ber continued in service without further change in compensation.
Any provisions of this chapter to the contrary notwithstanding, in the application of the above paragraphs of this subsection relating to allowances other than for disability or death, projected retirement allowance computations shall be made on the basis of the member's highest total monthly earnable compensation, as reflected by monthly contributions made during the last 24 calendar months in which the member had made contributions, except that no salary increase by adjustment in compensation in any manner in excess of 10 per cent during the last 12 months of membership service shall be included in the projected computation.
(b) Any other provision of this chapter to the contrary notwithstanding, any member employed by the Uniform Division of the Department of Public Safety as an officer, a non commissioned officer, or a trooper; by the Georgia Bureau of Investigation as an officer or agent; by the Department of Natural Resources as a conservation ranger; or by the Depart ment of Revenue as an alcohol and tobacco officer or agent or as an officer or agent of the Special Investigations Unit shall be eligible to retire at age 55 if he or she has the minimum number of years of creditable service provided in Code Section 47-2-110, and upon retire ment such member shall be paid not less than the service retirement allowance which would have been payable to such member upon service retirement at age 65 without a change in compensation and with the same number of years' creditable service to which such member is entitled at the time of retirement."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

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The following Certification, as required by law, was read by the Secretary:

DEPARTMENT OF AUDITS 254 Washington Street, S.W.
Room 214 Atlanta, Georgia 30334-8400

STATE AUDITOR'S CERTIFICATION

TO:

The Honorable Bill Cummings, Chairman

House Retirement Committee

FROM:

Claude L. Vickers, State Auditor

DATE:

March 4, 1993

SUBJECT: House Bill 750 (Committee Substitute) (LC 21 2387S) Employees' Retirement System

This substitute bill entitles certain members to retire at age 55 years if the member has the required number of years of creditable service. This bill identifies those entitled as any member employed by the Uniform Division of the Department of Public Safety as an officer, a noncommissioned officer, or a trooper; by the Georgia Bureau of Investigation as an officer or agent; by the Department of Natural Resources as a conservation ranger; or by the De partment of Revenue as an alcohol and tobacco officer or agent or as an officer or agent of the Special Investigation Unit.

This is to certify that this is a nonfiscal retirement bill as defined in the Public Retire ment Systems Standards Law.
/s/ Claude L. Vickers State Auditor

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:

Alien Balfour
Baugh Blitch Boshears
Bwen Broun of 46th Brown of 26th BChuerteokns Q,
Coleman Crotts Dawkins Day Dean Edge Egan

Farrow Garner
Gillis Glanton Gochenour
Harbison Hemmer Henson ,,".',", . Huggms
Isakson KemP Langford of 35th Langford of 29th Madden Marable Middleton

Newbill Oliver
Parrish Perdue Pollard
Ragan of llth Ragan of 32nd R DRorb.inson Scott
Slotin Starr Taylor Thompson Turner Tysinger Walker

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1205

Those not voting were Senators:

Abernathy Hooks

Ralston

Thomas

On the passage of the bill, the yeas were 52, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

HB 248. By Representative Stephenson of the 25th:
A bill to amend Article 5 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to local school superintendents, so as to provide that each local school superintendent shall be paid a certain minimum salary; to provide that such salary shall be paid out of state funds.
Senate Sponsors: Senators Madden of the 47th and Scott of the 36th.

The Senate Committee on Education offered the following amendment:

Amend HB 248 by striking line 14 of page 3 in its entirety and inserting the following:
"1, 1993, provided funds are appropriated, otherwise this Act shall become effective July 1, 1994."

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:

Alien Balfour Blitch Boshears Broun of 46th Burton Cheeks Clay Crotts Dawkins Day Dean Edge Egan Farrow Garner Gillis

Glanton Gochenour Harbison Hemmer Henson Hill Hooks Huggins Isakson Kemp Langford of 35th Langford of 29th Madden Marable Middleton Newbill Oliver

Parrish Pollard Ragan of llth Ragan of 32nd Ralston Ray Robinson Scott Slotin Starr Taylor Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Abernathy Baugh

Bowen Brown of 26th

Coleman Perdue

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JOURNAL OF THE SENATE

On the passage of the bill, the yeas were 50, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
HB 689. By Representative Barnes of the 33rd:
A bill to amend Article 4 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, the "Hospital Authorities Law," so as to provide for the merger of certain hospital authorities and the terms, conditions, and effects of such merger; to provide for reactivating certain hospital authorities.
Senate Sponsor: Senator Starr of the 44th.
The Senate Health and Human Services Committee offered the following substitute to HB 689:
A BILL
To be entitled an Act to amend Article 4 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, the "Hospital Authorities Law," so as to provide for the merger of cer tain hospital authorities and the terms, conditions, and effects of such merger; to provide for reactivating certain hospital authorities; to provide for vacancies; to provide that in the ex ercise of certain powers, hospital authorities are acting pursuant to state policy and shall be immune from antitrust liability to the same extent as the state; to require certain hospitals which receive certain public funds to comply with certain laws relating to open meetings and open records; to exempt certain potentially commercially valuable information; to ex empt certain competitively advantageous information; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 4 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, the "Hospital Authorities Law," is amended by adding immediately following Code Section 31-7-72 a new Code section to read as follows:
"31-7-72.1. (a) A hospital authority activated for a county pursuant to Code Section 317-73 may be merged with a hospital authority activated for that county under Code Section 31-7-72 upon compliance with this Code section. A majority of the board of each such hospi tal authority must approve such merger by a resolution which is adopted by each such board and is filed with the department. That resolution shall set forth:
(1) The name of each hospital authority planning to merge and the name of the surviv ing hospital authority into which each plans to merge; and
(2) The terms and conditions of the planned merger.
(b) The merger authorized by subsection (a) of this Code section shall not become effec tive until the governing authority of the county of operation of the merging hospitals ap points the members of the board of the surviving hospital authority by proper resolution and files copies of such resolution with the department. The governing authority is not re quired but is authorized to appoint as a member of the surviving hospital authority any member of a hospital authority planning to merge. The board of the surviving hospital shall consist of not more than 15 members with initial appointments for such staggered terms as provided in the resolution of the county governing authority. Appointments to fill vacancies for either an unexpired or full term shall thereafter be filled as authorized for an authority under subsection (c) of Code Section 31-7-72. The surviving hospital authority shall be in all other respects a hospital authority created under Code Section 31-7-72.
(c) A county whose hospital authorities have merged under the authority of this Code section shall not thereafter be prohibited from activating a hospital authority under Code Section 31-7-73.

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1207

(d) When a merger under this Code section takes effect:
(1) Each hospital authority party to the merger merges into the surviving hospital au thority and the separate existence of each such hospital authority except the surviving hos pital authority ceases;
(2) The title to all real estate and other property owned by each hospital authority party to the merger is vested in the surviving hospital authority without reversion or impair ment subject to any and all conditions to which the property was subject prior to the merger;
(3) The surviving hospital authority has all liabilities and obligations of each hospital authority party to the merger; and
(4) A proceeding pending against any hospital authority party to the merger may be continued as if the merger did not occur or the surviving hospital authority may be substi tuted in the proceeding for the hospital authority whose existence ceased.
(e) It is declared by the General Assembly of Georgia that in the exercise of the power specifically granted to them by this Code section, hospital authorities are acting pursuant to state policy and shall be immune from antitrust liability to the same degree and extent as enjoyed by the State of Georgia."
Section 2. Said article is further amended by striking Code Section 31-7-75.2, relating to exemptions from disclosure requirements for a potentially commercially valuable plan, pro posal, or strategy, in its entirety and inserting in lieu thereof the following;
"31-7-75.2. Notwithstanding any other provision of law to the contrary, no hospital authority shall be required by Chapter 14 of Title 50 or Article 4 of Chapter 18 of Title 50 to disclose or make public any potentially commercially valuable plan, proposal, or strategy that may be of competitive advantage in the operation of the authority or its medical facili ties or disclose or make public any information or document which discloses or makes public information that may create a competitive advantage for any entity in commercial competi tion with the authority or its medical facilities and which has not been made public. This exemption shall terminate at such time as such plan, proposal, or strategy has cither been approved or rejected by the hospital authority governing board. Except aa provided in thia Code section or as otherwise provided by law, hospital authorities shall comply with the provisions of Chapter 14 of Title 60 and Article 4 of Chapter 18 of Title 60."
Section 3. Said article is further amended by adding a new Code Section 31-7-75.3 to read as follows:
"31-7-75.3. (a) Except as specifically provided in this Code section, sovereign immunity extends to hospital authorities and to all officers, agents, and employees of such authorities to the same extent such immunity applies to counties and their officers, agents, and employees.
(b) The immunity provided by subsection (a) of this Code section shall be waived as to those actions or claims for the recovery of damages for which liability insurance protection or self-insurance protection has been provided, but only to the extent of any such protection which is provided.
(c) Each hospital authority is required to purchase or otherwise provide liability insur ance protection or self-insurance protection in the minimum amount of $1 million per oc currence and $3 million in the annual aggregate for actions for medical malpractice asserted against such authority or any officer, agent, or employee thereof. For purposes of this sub section, the term 'action for medical malpractice' shall have the same meaning as such term is defined in Article 4 of Chapter 3 of Title 9.
(d) The sovereign immunity of hospital authorities as it existed prior to July 1, 1993, is reaffirmed and ratified."
Section 4. All laws and parts of laws in conflict with this Act are repealed.

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JOURNAL OF THE SENATE

Senator Clay of the 37th offered the following amendment:

Amend the substitute to HB 689 offered by the Senate Committee on Health and Human Services by adding at page 3, paragraph 2, line 6 immediately after the numeral "2", the introductory words on line 6 prior to the word "the" on line 6, "The ownership of and authority to operate the hospitals owned by each hospital authority and;".

On the adoption of the amendment offered by Senator Clay of the 37th, the yeas were 40, nays 0, and the amendment was adopted.

Senators Clay of the 37th and Starr of the 44th offered the following amendment:

Amend the substitute to HB 689 offered by the Senate Committee on Health and Human Services by adding before the period on line 25 of page 1 the following:
"and approval by resolution of the governing authority of the county in which the au thorities are located".

On the adoption of the amendment offered by Senators Clay of the 37th and Starr of the 44th, the yeas were 46, nays 0, and the amendment was adopted.

Senators Starr of the 44th, Dawkins of the 45th and Kemp of the 3rd offered the follow ing amendment:

Amend the substitute to HB 689 offered by the Senate Committee on Health and Human Services by striking Section 3 beginning on line 18, page 4, and ending on line 11, page 5, and by renumbering Section 4 as Section 3.

On the adoption of the amendment offered by Senators Starr of the 44th, Dawkins of the 45th and Kemp of the 3rd, the yeas were 43, nays 3, and the amendment was adopted.

On the adoption of the substitute, Senator Garner of the 30th called for the yeas and nays; the call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

Alien Balfour Baugh Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cheeks Clay Coleman Crotts Dawkins Day Dean Edge

Egan Farrow Gillis Glanton Gochenour Harbison Hemmer Hill Hooks Huggins Isakson Kemp Langford of 35th Langford of 29th Madden Marable Middleton

Newbill Parrish Perdue Pollard Ragan of llth Ragan of 32nd Ralston Ray Robinson Scott Slotin Starr Taylor Thomas Thompson Turner Tysinger

Those voting in the negative were Senators:

Garner

Henson

Oliver

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1209

Not voting were Senators Abernathy and Walker.

On the adoption of the substitute, the yeas were 51, nays 3, and the substitute was adopted as amended.

The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Alien Balfour Baugh Boshears Bowen Broun of 46th Brown of 26th Burton Cheeks Clay Coleman Crotts Dawkins Dean Edge Egan Farrow Garner

Gillis Glanton Gochenour Harbison Hemmer Henson Hill Hooks Huggins Isakson Kemp Langford of 35th Langford of 29th Madden Marable Middleton Newbill

Oliver Parrish Perdue Pollard Ragan of llth Ragan of 32nd Ralston Ray Robinson Scott Slotin Starr Taylor Thomas Thompson Turner Tysinger

Those not voting were Senators:

Abernathy

Day

Blitch

Walker

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 House was taken up for the purpose of considering the House action thereon:

HB 557. By Representative Barnes of the 33rd:
A bill to amend an Act creating the Cobb-Marietta Coliseum and Exhibit Hall Authority, so as to change the provisions regarding the appointment of members of the authority.

Senator Thompson of the 33rd moved that the Senate adhere to the Senate amendment to HB 557, and that a Conference Committee be appointed.

On the motion, the yeas were 43, nays 0; the motion prevailed, and the Senate adhered to the Senate amendment to HB 557.

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JOURNAL OF THE SENATE

The President appointed as a Conference Committee on the part of the Senate the following:
Senators Isakson of the 21st, Thompson of the 33rd and Clay of the 37th.

The President announced that the Senate would stand in recess from 11:59 o'clock A.M. until 1:30 o'clock P.M.

At 1:30 o'clock P.M., the President called the Senate to order.

The following general bills of the House, favorably reported by the committees, were read the third time and put upon their passage:

HB 69. By Representatives Holland of the 157th, Epps of the 131st and Jenkins of the 110th:
A bill to amend Chapter 9 of Title 33 of the Official Code of Georgia Annotated, relating to regulation of rule making, rates, and related matters relative to insur ance, so as to provide that no insurer shall surcharge the premium or rate charged on a policy of motor vehicle insurance for accidents involving a firefighter or emergency medical technician while on duty.
Senate Sponsor: Senator Pollard of the 24th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Balfour Baugh Boshears Bowen Broun of 46th Burton Cheeks Coleman Crotts
Dean Edge Egan Farrow Garner

Gillis Glanton Gochenour Harbison Hemmer Hill Hooks Huggins Isakson Kemp Langford of 29th Madden Marable Middleton

Newbill Oliver Perdue Pollard Ragan of llth Ralston Ray Robinson Slotin Starr Thomas Thompson Turner Tysinger

Those not voting were Senators:

Abernathy Alien Blitch Brown of 26th Clay

Dawkins Henson Langford of 35th Parrish

Ragan of 32nd Scott Taylor Walker

On the passage of the bill, the yeas were 43, nays 0.

The bill, having received the requisite constitutional majority, was passed.

TUESDAY, MARCH 9, 1993

1211

HB 77. By Representatives Williams of the 114th, Padgett of the 119th and Connell of the 115th:
A bill to amend Chapter 23 of Title 33 of the Official Code of Georgia Annotated, relating to the licensing of insurance agents, subagents, and others, so as to pro vide for the issuance of a display certificate of licensure by the Commissioner of Insurance.
Senate Sponsor: Senator Pollard of the 24th.
Senator Pollard of the 24th offered the following substitute to HB 77:
A BILL
To be entitled an Act to amend Chapter 23 of Title 33 of the Official Code of Georgia Annotated, relating to the licensing of insurance agents, subagents, and others, so as to pro vide for the issuance of a display certificate of licensure by the Commissioner of Insurance; to authorize the Commissioner to provide by rule or regulation the form and content of the certificate, application procedures, and the fee for the certificate; to provide a maximum amount for the fee; to provide a time period in which an insurer shall be deemed to have obtained a certificate of authority for an agent; to provide an effective date; to repeal con flicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 23 of Title 33 of the Official Code of Georgia Annotated, relating to the licensing of insurance agents, subagents, and others, is amended by striking Code Sec tion 33-23-11, relating to the issuance and contents of licenses issued by the Commissioner of Insurance, in its entirety and inserting in its place a new Code Section 33-23-11 to read as follows:
"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.
(c) Upon the request of a licensee under this chapter, the Commissioner shall provide a certificate of licensure which shall be suitable for display at the business premises of the licensee. The Commissioner shall provide by rule or regulation the application procedures for the certificate, the form and content of the certificate, and a fee for the certificate which shall approximate the administrative costs incurred in the preparation and issuance of such certificate; provided, however, that such cost shall not exceed $25.007*
Section 2. Said chapter is further amended by striking Code Section 33-23-26, relating to an agent's certificate of authority, and inserting in its place a new Code Section 33-23-26 to read as follows:
"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. For the purpose of this subsection, the insurer will be deemed to have obtained a certificate of au thority for its designated agent seven working days after the date of mailing of the request for such certificate to the Commissioner by at least first-class mail; provided, however, that the initial certificate of authority for an applicant for licensure shall not become effective until the date such applicant is finally granted a license by the Commissioner.
(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 in Code Section 33-8-1.

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JOURNAL OF THE SENATE

(d) (1) On or before January 1 of each year every insurer shall file with the Commis sioner in such form and manner as the Commissioner may prescribe a certified listing of all of its agents whose certificates of authority are to be renewed for the coming year and shall remit payment to the Commissioner for the appropriate fees.
(2) Each insurer shall also be required to maintain and update periodically its listing of authorized agents filed with the Commissioner in such form and manner as may be pre scribed by the Commissioner.
(e) If an agent's certificate of authority is terminated, the insurer promptly shall give written notice of said termination and the effective date of the termination to the Commis sioner and to the agent where reasonably possible. The Commissioner may also require the insurer to demonstrate to the satisfaction of the Commissioner that the insurer has made a reasonable effort to give notice to the agent.
(f) All notices of termination shall be filed with the Commissioner in such form and manner as the Commissioner shall prescribe by rule or regulation."
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 34, nays 0, and the substitute was adopted.

The President announced that, pursuant to Senate Rule 143, consideration of HB 77 would be suspended and placed on the Senate General Calendar.

HB 167. By Representatives Canty of the 52nd, Tillman of the 173rd, Holmes of the 53rd and others:
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.
Senate Sponsor: Senator Henson of the 55th.

Senators Gochenour of the 27th and Edge of the 28th offered the following amendment:

Amend HB 167 by striking lines 6 through 19 on page 2 and inserting in lieu thereof the following:
"(b) Any employee in the classified service who has accumulated sick leave shall be authorized to utilize such sick leave at any time that the employee is sick. Any employee utilizing two consecutive days or less of accumulated sick leave may be required to provide an affidavit affirming such illness to the employee's supervisor; provided, however, that, if an employee is absent from work on sick leave for three or more days within a 30 day period, the employee's supervisor may require the employee to provide written confirmation of such illness or incapacity by a medical practitioner licensed under Chapter 34 of Title 43; provided, further, that, whenever an employee is sick and absent from work, the employee shall report each day by telephone to the appropriate authority."

On the adoption of the amendment, 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:

Balfour Boshears

Burton Clay

Coleman Crotts

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1213

Day Edge Egan
Garner
Glanton Gochenour

Hemmer Isakson Kemp Langford of 29th Madden Newbill Perdue

Pollard Ragan of 32nd Ralston Ray Robinson Turner Tysinger

Those voting in the negative were Senators:

Abernathy Baugh Bowen Broun of 46th Brown of 26th Cheeks Dean

Harbison Henson Hill
Huggins Marable Middleton Oliver

Ragan of llth Slotin Starr Taylor Thomas Thompson Walker

Those not voting were Senators:

Alien Blitch Dawkins

Hooks Langford of 35th

Parrish Scott

On the adoption of the amendment, the yeas were 28, nays 21, 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:

Balfour Baugh Boshears Bowen Brown of 26th Burton
Clay Coleman
Dean
Egan Farrow Garner Gillis

Glanton Gochenour Harbison Hemmer Henson Hill Hooks Huggins Isakson Kemp Langford of 29th Madden Marable Middleton Newbill

Oliver Perdue Pollard Ragan of 32nd Ralston Ray Robinson Slotin Starr Taylor Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Abernathy Alien Blitch Broun of 46th

Dawkins Day Langford of 35th

Parrish Ragan of llth Scott

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JOURNAL OF THE SENATE

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 374. By Representatives Parham of the 122nd, Atkins of the 29th, Twiggs of the 8th and Parrish of the 144th:
A bill to amend Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, so as to exempt certain anabolic steroids from classification as Schedule III controlled substances; to change the listings of Schedule IV and V controlled substances.
Senate Sponsor: Senator Baugh 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:

Abernathy Alien Balfour Baugh Boshears Bowen Broun of 46th Brown of 26th Burton Cheeks Clay Coleman Crotts Day Dean Edge

Egan Farrow Garner Gillis Glanton Gochenour Harbison Hemmer Hill
Hooks Huggins Isakson Kemp Langford of 29th Madden Marable

Middleton Newbill Oliver Perdue Pollard Ragan of 32nd Ralston Ray Robinson Slotin Starr Taylor Thomas Thompson Turner Walker

Those not voting were Senators:

Blitch Dawkins Henson

Langford of 35th Parrish Ragan of llth

Scott Tysinger

On the passage of the bill, the yeas were 48, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 584. By Representatives Cauthorn of the 35th, Culbreth of the 132nd, Byrd of the 170th and others:
A bill to amend Code Section 13-6-15 of the Official Code of Georgia Annotated, relating to damages for writing bad checks, so as to provide that the maker of a dishonored check shall have ten days to pay the payee in cash; to provide for notice of this ten-day period.
Senate Sponsor: Senator Coleman of the 1st.

TUESDAY, MARCH 9, 1993

1215

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Alien Balfour Baugh Blitch Boshears
Broun of 46th Brown of 26th Burton Cheeks Clay Coleman Crotts Day Dean Edge

Egan Farrow Garner Gillis Glanton Gochenour
Hemmer Henson Hill Hooks Huggins Isakson Kemp Langford of 29th Madden Marable

Middleton Newbill Oliver Perdue Pollard Ragan of 32nd Ralston R,,Rob.inson lotm Starr Ihomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Dawkins Langford of 35th

Parrish Ragan of llth

Scott Taylor

On the passage of the bill, the yeas were 50, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 402. By Representatives Cauthorn of the 35th and Hammond of the 32nd:
A bill to amend Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to superior courts, so as to repeal provisions authorizing investment or deposit of funds paid into the court registry; to further amend said chapter and Chapters 7 and 10 of Title 15 of the Official Code of Georgia Annotated, relating respectively to state courts of counties and magistrate courts, so as to provide that clerks of such courts shall deposit funds paid into the court registry into interest-bearing trust accounts.
Senate Sponsor: Senator Boshears of the 6th.

Senator Kemp of the 3rd moved that HB 402 be committed to the Senate Committee on Special Judiciary.

Senator Dean of the 31st moved that the previous question be ordered.

On the motion offered by Senator Dean of the 31st, which motion takes precedence, the yeas were 40, nays 4, and the previous question was ordered.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

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JOURNAL OF THE SENATE

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Alien Balfour Boshears Bowen Broun of 46th Brown of 26th
Burton Cheeks Clay Coleman Crotts Day Dean Edge Egan

Farrow Garner Glanton Gochenour Harbison Hemmer Henson Hill Hooks Huggins Isakson Langford of 35th Langford of 29th Marable Middleton Newbill

Oliver Parrish Perdue Ragan of llth Ragan of 32nd Ralston Ray Robinson
Starr Thomas Thompson Turner Tysinger Walker

Those voting in the negative were Senators:

Baugh Blitch Gillis

Kemp Madden

Pollard Taylor

Not voting were Senators Dawkins and Scott.

On the passage of the bill, the yeas were 47, nays 7.

The bill, having received the requisite constitutional majority, was passed.

Senator Ralston of the 51st introduced the doctor of the day, Dr. Morris Jenkins, of Calhoun, Georgia.

The following general bills of the House, favorably reported by the committees, were read the third time and put upon their passage:

HB 63. By Representative Dover of the 9th:
A bill to amend Code Section 43-50-32 of the Official Code of Georgia Annotated, relating to certain acts which are not prohibited by certain laws regulating the practice of veterinary medicine, so as to provide that such laws shall not be con strued to prohibit any person performing any embryo transfer process.
Senate Sponsor: Senator Ragan of the llth.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Alien Balfour Baugh

Blitch Bowen Broun of 46th Brown of 26th

Burton Cheeks Clay Coleman

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1217

Crotts Day Dean Edge Egan FG/-,aarrrnoewr Gillis Glanton Gochenour
Harbison
Hemmer
Hill Hooks

Huggins Isakson Kemp Langford of 35th Langford of 29th MiM. aardadbieline Middleton Newbill Oliver
Parrish
Perdue
Pollard Ragan of llth

Ragan of 32nd Ralston Ray Robinson gcott coQl, ot..m f,ta" ^aylor Thomas
Thompson
Turner
Tysinger Walker

Those not voting were Senators:

Boshears

Dawkins

Henson

On the passage of the bill, the yeas were 53, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 49. By Representatives Poston of the 3rd, Holland of the 157th, Porter of the 143rd and Turnquest of the 73rd:
A bill to amend Chapter 1 of Title 45 of the Official Code of Georgia Annotated, relating to general provisions regarding public officers and employees, so as to regulate the receiving and investigating of complaints or information from public employees concerning fraud, waste, and abuse in or relating to any state pro grams or operations.
Senate Sponsor: Senator Alien of the 2nd.

Senator Alien of the 2nd offered the following amendment:

Amend HB 49 by adding following the word "aside" to line 30 of page 2 the following: "in a proceeding instituted in the superior court".

On the adoption of the amendment, the yeas were 36, nays 0, and the amendment was adopted.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Alien Balfour Baugh Blitch Boshears Bowen Broun of 46th Brown of 26th

Burton Cheeks Clay Coleman Crotts Day Dean Edge Egan

Farrow Garner Gillis Glanton Gochenour Harbison Hemmer Hill Hooks

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JOURNAL OF THE SENATE

Huggins Isakson Kemp Langford of 35th Langford of 29th Madden Marable Middleton Newbill

Oliver Parrish Perdue Pollard Ragan of llth Ragan of 32nd Ralston
Ray Robinson

Scott Slotin Stair Taylor Thomas Thompson Turner Tysinger Walker

Not voting were Senators Dawkins and Henson.

On the passage of the bill, the yeas were 54, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.

Senator Robinson of the 16th moved that the Senate do now adjourn until 9:30 o'clock A.M. tomorrow, and the motion prevailed.

At 2:40 o'clock P.M., the President announced the Senate adjourned until 9:30 o'clock A.M. tomorrow.